BCC Minutes 02/26/2013 R BCC
REGULAR
MEETING
MINUTES
FEBRUARY 26, 2013
February 26, 2013
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 26, 2013
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting
as the Board of Zoning Appeals and as the governing board(s) of
such special districts as have been created according to law and
having conducted business herein, met on this date at 9:00 a.m.,
in REGULAR SESSION in Building "F" of the Government
Complex, East Naples, Florida, with the following members
present:
CHAIRWOMAN: Georgia A. Hiller
Tom Henning
Tim Nance
Fred Coyle
Donna Fiala
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Mike Sheffield, Business Operations — CMO
Troy Miller, Communications & Customer Relations
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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 26, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Vice-Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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February 26,2013
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Jonathan Evans - First Presbyterian Church of Naples
2. AGENDA AND MINUTES
A. Approval of today's regular agenda as amended.
B. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
C. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
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February 26, 2013
D. January 22, 2013 - BCC/Regular Meeting
E. February 5, 2013 - BCC/Airport Authority Workshop
F. February 5, 2013 - BCC/Workshop on Meeting Schedules and Board Office
Restructuring
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 Year Attendees
a) Jim Riley, Road Maintenance Department
B. 25 Year Attendees
a) Judy Puig, Growth Management
b) Kevin Hendricks, Transportation Engineering Dept.
c) William Craig, Water Department
d) Valerie Thorsen, EMS
C. 30 Year Attendees
a) Gary Hamm, Road Maintenance Department
b) Gregorio Flores, Water Department
D. 35 Year Attendees
a) Jodi Walters, Solid Waste Department
4. PROCLAMATIONS
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February 26, 2013
A. Proclamation designating March 10, 2013 as the Duane Billington Day of
Remembrance in Collier County in recognition of his contributions to the
community.
5. PRESENTATIONS
A. Recommendation to recognize Melissa Hennig, Senior Environmental
Specialist, Parks and Recreation Department, as the Employee of the Month
for February 2013.
6. PUBLIC PETITIONS
A. Public petition request from Richard Van Deelen requesting that the Board
give direction for an analysis of a Municipal Services Benefit Unit (MSBU)
for the La Peninsula Condominium residents to replace the Sea Wall.
B. Public Petition request from Randall J. Cohen regarding practices and
procedures.
C. Public Petition request from Pedro Jesus Romero-Menendez regarding
matters concerning Immokalee.
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Collier County Planning Commission.
B. Appointment of member to the Airport Authority Advisory Board.
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February 26,2013
C. Re-appointment of a member to the Conservation Collier Land Acquisition
Advisory Committee.
D. Recommendation to re-advertise the vacancy on the Vanderbilt Beach
Beautification MSTU Advisory Committee.
E. This item to be heard at 10:30 a.m. Recommendation to adopt a
Resolution in support of the Second Amendment to the Constitution of the
United States. (Commissioner Henning)
F. Recommendation that the Board of County Commissioners approves a
Resolution formally declaring its intent to not increase the Tourist
Development Tax. (Commissioner Hiller)
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 11:15 a.m. Recommendation to award Invitation
to Bid (ITB) #13-5986R to Manhattan Construction, Inc., in the amount of
$8,939,010 for the construction of the Gordon River Greenway Park Project
#80065 and authorize the Chairwoman to execute the attached contract.
(Barry Williams, Parks and Recreation Director)
B. This item to be heard at 3:00 p.m. Recommendation to approve the
proposed reallocation of current Tourist Development Tax funding to
increase destination marketing efforts and the annual accumulation of
reserves for major beach renourishment, to solicit recommendations from
stakeholder groups prior to the Board's consideration of ordinance and/or
policy changes, and to authorize Staff to draft documents for Board approval
to implement said changes. (Jack Wert, Tourism Director)
C. Recommendation to approve recognition of additional, uncommitted FY 12
Carry Forward up to $450,000 and all necessary budget amendments for
additional destination marketing efforts and Tourism Department staff.
(Jack Wert, Tourism Director)
D. Recommendation to award Bid No. 13-6039 to Orion Marine Construction,
Inc. in the amount of$1,754,884.72 for the Wiggins Pass Channel
Straightening Project and approve necessary budget amendment. (Gary
McAlpin, Coastal Zone Management)
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February 26, 2013
E. Recommendation to approve the Atkins North America peer review of the
Coastal Planning and Engineering volume design for the 2013/14 beach
renourishment project and approve the proposed project bid form and
bidding approach. (Gary McAlpin, Coastal Zone Management)
F. Recommendation to accept staffs progress report for locating a potential All
Terrain Vehicle (ATV) Park site and that the Board of County
Commissioners approve two alternate members to the seven member All
Terrain Vehicle (ATV) Park Site Ad Hoc Committee. (Nick Casalanguida,
Growth Management Administrator)
G. Recommendation to adopt the Fiscal Year 2014 Proposed Budget Policy.
(Mark Isackson, Corporate Finance and Management Services Director)
H. Recommendation to award bid number 13-6026, "NCRWTP Membrane
Replacement and Inter-stage Booster Project," to Poole and Kent Company
of Florida in the amount of$1,564,000, and to authorize a budget
amendment in the amount of$300,000 for Project Number 71057. (Tom
Chmelik, Planning & Project Management Director)
This item has been continued from the February 12, 2013 BCC
meeting: Recommendation to adopt a resolution authorizing the
condemnation of those perpetual and temporary easement interests necessary
for the construction of stormwater improvements known as the "Haldeman
Creek and Crown Pointe Weirs" segment of the Lely Area Stormwater
Improvement Project. (Project No. 51101.) Estimated fiscal impact:
$117,000. (Margaret Bishop, Transportation Engineering Sr. Project
Manager)
12. COUNTY ATTORNEY'S REPORT
A. 12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given
that, pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires
advice from the Board of County Commissioners in closed attorney-client
session on TUESDAY, FEBRUARY 26, 2013. The session will be held at a
time certain of 12:00 p.m., in the Commission's Office Conference Room,
3rd Floor, W. Harmon Turner Administration Building F, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, 34112. In
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February 26,2013
addition to Board members, County Manager Leo Ochs, and County
Attorney Jeffrey Klatzkow will be in attendance. The Board in closed
executive session will discuss: Strategy session related to settlement
negotiations and litigation expenditures in the pending cases of: Jerry
Blocker, et al. v. Collier County, Case No. 08-9355-CA, and Collier County
v. Jerry Blocker, et al., Case No. 09-1281-CA, in the Circuit Court of the
Twentieth Judicial Circuit, in and for Collier County, Florida.
B. 1:00 P.M. Time Certain Return from Closed Session. For the Board of
County Commissioners to provide direction to the County Attorney
regarding settlement negotiations and litigation expenditures in the pending
cases of: Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA, and
Collier County v. Jerry Blocker, et al., Case No. 09-1281-CA, in the Circuit
Court of the Twentieth Judicial Circuit, in and for Collier County, Florida.
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 2:00 p.m. Presentation by the Clerk of the Circuit
Court regarding audit report 2012-2 Collier County Airport Authority:
Marco Island Executive Airport—Limited Scope: Marco Island Parallel
Taxiway Expansion—FAA and FDOT Grant Funding.
B. This item to be heard immediately following Item #13A. Presentation by
the Clerk of the Circuit Court regarding audit report 2012-7 Parks and
Recreation Immokalee Payroll.
C. This item to be heard immediately following Item #13B. Presentation by
the Clerk of the Circuit Court regarding audit report 2012-8 Parks and
Recreation Immokalee Sport Complex: Cash Counts: 2011 Fiscal Year End
and 2012 Follow-Up.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
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February 26, 2013
1) Recommendation to approve a Resolution to extend the Immokalee
Interim LDC Deviation provisions to a specific date.
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Collier County Community
Redevelopment Agency (CRA) approve the attached Local
Governmental Agreement between The South Florida Water
Management District and the CRA and approve all necessary budget
amendments to recognize the revenue.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to waive competition in the best interest of the
County and approve the hiring of Wilcox Appraisal Services for the
appraisal of improved residential parcels required for the acquisition
of right-of-way necessary for the four-laning of Golden Gate
Boulevard east of Wilson Boulevard (Project No. 60040.)
2) Recommendation to approve a purchase agreement for the acquisition
of right-of-way required from the Collier County Water-Sewer
District for the construction of capital improvements at the
intersection of US 41 and Collier Boulevard. (Project No. 60116)
Estimated Fiscal Impact: $180,200.
3) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Heritage Bay Unit Three,
Application Number AR-PPL-9903 with the roadway and drainage
improvements being privately maintained; authorizing the release of
the maintenance security and acceptance of the plat dedications.
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February 26,2013
4) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Heritage Bay Phase 2A
Application Number AR-PPL-8346 with the roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security and acceptance of the plat dedications.
5) Recommendation to award Bid No. 13-6011 to Florida Marine
Construction, Inc, in the amount of$728,578 for the construction of
the South Marco Beach Erosion Control Structures Project No. 80211.
6) Recommendation to award Bid No. 13-6009 to Cavache, Inc, in the
amount of$630,185 for the South Marco Beach Sand Renourishment
Project No. 80211.
7) Recommendation to approve a Work Order to Atkins North America,
Inc. to conduct Post-Tropical Storm Isaac physical beach monitoring
of Collier County main beaches under Contract No. 09-5262-CZ for a
lump sum amount of$59,800 and authorize the County Manager or
his designee to execute the Work Order.
8) Recommendation to approve a Work Order for the physical
monitoring of Doctors Pass by Atkins North American, Inc. under
Contract No. 09-5262-CZ for a lump sum amount of$22,012 and
authorize the County Manager or his designee to execute the Work
Order.
9) Recommendation to approve and authorize the Chairman to sign (1) a
Landscaping Installation and Highway Maintenance Agreement
("Agreement") with the Florida Department of Transportation
(FDOT) for a landscape planting buffer along Davis Blvd.; (2) a
Resolution evidencing that the Board has approved and authorized the
Chairman to sign this Agreement; and (3) Collier County Landscape
Maintenance Agreement between Collier County and Naples Heritage
Golf and Country Club.
10) Recommendation to approve Change Order No. 5 to Contract #09-
5278 in the amount of$350,000 and for an additional 413 days (Phase
I) with Stanley Consultants, Inc., for Design & Related Services for
the Intersection Capacity Improvements to the US 41 and SR/CR 951
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February 26,2013
Intersection and Resurfacing, Restoration and Rehabilitation (3R)
roadway improvements to SR 951; Project#60116.
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to adopt
a Resolution to hold a public hearing to consider vacating a portion of
the 30-foot easements for public road right-of-way as recorded in
Official Record Book 3537, Page 1017, Official Record Book 764,
Page 1667 and Official Record Book 166, Page 752, of the Public
Records of Collier County, Florida. Application No. AVESMT-
PL20120002638.
12) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution authorizing raising the speed limit on County Line Road
(CR 858) from Oil Well Road to Immokalee Road (CR 846) from 45
(forty-five) mph to 55 (fifty-five) mph at a cost of approximately
$400.
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to adopt
a Resolution to hold a public hearing to consider vacating a portion of
a 15-foot wide Drainage Easement, being a part of Lots 77 and 78,
Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of
the Public Records of Collier County, Florida. Application No. VAC-
PL20120002668.
14) This item has been continued from the February 12, 2013 BCC
meeting. Recommendation to approve after the fact disposal of
surplus property associated with the Gateway Triangle Stormwater
Improvements Phase II, Contract #10-5366, Project#51803.
15) This item continued from the February 12, 2013 BCC Meeting.
Recommendation to approve $350,000 in eligible costs for the FY13
Hideaway Beach erosion control structure project based on the
January 16, 2013 Proportionality Analysis conducted by Coastal
Engineering Consultants and reviewed by Collier County staff, make
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February 26,2013
a finding that this item promotes tourism and approve necessary
budget amendments.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners approve a
budget amendment to the Collier County Community Redevelopment
Agency - Bayshore Gateway Triangle Fund (187) budget that
reestablishes funding for post design engineering services for the
Gateway Triangle Residential Area Tertiary Stormwater Project.
2) Recommendation to award Invitation to Bid (ITB) #12-5966 — Carson
Road Sidewalk Improvements to Quality Enterprises USA, Inc. in the
amount of$134,395.77 and authorize the Chairwoman to execute the
attached agreement.
3) Recommendation that the Collier County Board of County
Commissioners (BCC) acting in its capacity as the Community
Redevelopment Agency (CRA) approve the after-the-fact submittal of
the attached Disaster Recovery Inititative (DRI) grant application to
the Collier County Department of Housing, Human and Veteran
Services (HEWS) seeking grant funding in the amount of$503,900 for
the installation of sidewalks and drainage system improvements in the
Immokalee Central Business District.
4) Recommendation to provide approval of the submission of the
attached Community Development Block Grant (CDBG) Application
to Collier County Housing and Human Service Department seeking
additional grant funding in the amount of$83,000 to support further
implementation of the services provided by the Immokalee Business
Development Center (IBDC) and authorize the Chairman of the CRA
Board to execute a Subrecipient Agreement accepting the grant.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award Agreement Number 12-5972, Lime Sludge
Hauling and Disposal, to Prolime Corporation.
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February 26, 2013
2) Recommendation to approve selection committee rankings and enter
into negotiations with AECOM USA, Inc., for a contract for Request
for Proposal No. 13-6010, "Public Utilities Master Plan," Project
Number 70031.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve one (1) satisfaction of mortgage for State
Housing Initiatives Partnership Program (SHIP) in accordance with
the Board's Short Sale Policy.
2) Recommendation to adopt the incentive strategies as recommended by
the Affordable Housing Advisory Committee to be incorporated in the
2013-2016 Local Housing Assistance Plan (LHAP) under the State
Housing Initiatives Partnership (SHIP) Program to be approved by the
Board at a future date.
3) Recommendation to approve two (2) satisfactions of mortgage for the
repayment of loans awarded through the State Housing Initiatives
Partnership "SHIP" Purchase Assistance program in the amount of
$5,500.
4) Recommendation to approve one (1) release of lien for deferral of 100
percent of Collier County impact fees for owner occupied affordable
housing dwelling unit that has been repaid in full.
5) Recommendation to award Bid #13-5991 for Comcast Underground
Conversion Gulfshore Drive to Cable Wiring Specialists Inc., in the
amount of$347,535.46.
6) Recommendation to approve budget amendment recognizing recovery
of County funds in connection with a claim involving a Collier Area
Transit (CAT) bus shelter.
7) Recommendation to approve a Donation Agreement with Liebig
Management, Inc. and to accept a Warranty Deed conveying 112
square feet, more or less (Miscellaneous Parcel # 99999-264FEE) for
the purpose of constructing public transportation improvements.
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February 26,2013
8) Recommendation to approve an exhibition agreement with the
Mennello Museum of American Art in Orlando, Florida, and approve
a budget amendment recognizing and appropriating the resulting
revenue.
9) Recommendation to authorize the Chairman to sign modified
Memorandums of Understanding (MOUs) with The Southwest
Florida Workforce Development Board, Inc. for the delivery of the
21st Century Community Learning Centers swimming skills and
drowning prevention programs "Miracle Plus 1 and Miracle Plus 2
program."
10) Recommendation to reject Invitation to Bid (ITB) #12-5962 Forest
Lakes MSTU Sidewalk, Lighting & Landscape Beautification Project.
11) Recommendation to approve Change Order No. 2 to Contract #11-
5725 Public Relations Assistance with Lou Hammond & Associates,
Inc. for professional public relations and marketing services for the
Collier County Museums for an annual amount of$30,000.
12) Recommendation to approve a Resolution consenting to the transfer
of an Affordable Housing Multifamily Development known as
Saddlebrook Village Apartments located on Davis Boulevard and
approving an Assignment and Assumption of the Affordable Housing
Density Bonus Agreement.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to ratify Property, Casualty, Workers'
Compensation and Subrogation Claims settled and/or closed by the
Risk Management Director pursuant to Resolution #2004-15 for the
first quarter of FY13.
2) Recommendation to allow Emergency Medical Services (EMS) to
purchase medications off contract #09-5217 due to drug shortages and
volatile pricing in the market and conduct a modified quote process.
3) Recommendation to approve settlement of the negligence claim of Liz
Pfunder in the amount of$19,000 (Claim #22-02151201177).
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February 26,2013
4) Recommendation to request proposals for purposes of analysis from
East Naples Fire District and Marco Island Fire District for
operational management of the Isles of Capri Fire District.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize amendment #2 for Contract #09-5174
Management of Pelican Bay Services to Dorrill Management Group
to increase the number of hours per month, fees and the contract
period to Dorrill Management Group and extend the term for
additional two (2) year term; and authorize the Chairwoman to
approve the amendment.
2) Recommendation to authorize staff to prepare and submit
Declarations of Continued Use to maintain service mark registrations
with the United States Patent & Trademark Office to preserve the
County's tourism related advertising, logos, phrases and slogans.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012-13 Adopted Budget.
4) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $25,000 and
budget amendment moving funds.
5) Recommendation to approve Collier County Guiding Principles that
apply to RESTORE Act funding and direct staff to coordinate a
Selection Committee to review proposed projects.
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Airport Authority's
Executive Director to execute the attached Amendment to the
Common/Cargo/Executive Hangar Lease Agreement between the
Collier County Airport Authority and the Collier County Sheriffs
Department to correct a scrivener's error.
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February 26, 2013
2) Recommendation to direct the Airport Director to bring back in March
a plan to reduce or eliminate the Annual Fund transfer and to pay back
the County loan. (Commissioner Henning)
H. BOARD OF COUNTY COMMISSIONERS
1) This item continued from the February 12, 2013 BCC Meeting.
Commissioner Hiller requests for board approval for payment to
attend a function serving a Valid Public Purpose. The Commissioner
attended The Beach Ball Gala - Children's Advocacy Center on
February 23, 2013. $100 to be paid from the Commissioner's travel
budget.
2) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
The Commissioner will attend the event Laws of Life on February 27,
2013 at the Hilton of Naples, Florida. $45 to be paid from the
Commissioner's travel budget.
3) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 2nd Annual Ave Maria University Scholarship Dinner
on February 21, 2013. $107 to be paid from Commissioner Hiller's
travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Twin Thoughts One Message Luncheon on February 15,
2013. The sum of$60 to be paid from Commissioner Fiala's travel
budget.
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Creating Timeless Travel Memories Event on February
18, 2013. The sum of$25 to be paid from Commissioner Fiala's travel
budget.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
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February 26,2013
Attended the 12th Annual Men of Distinction Awards Celebration on
February 7, 2013. The sum of$125 to be paid from Commissioner
Fiala's travel budget.
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 2013 Foundation for the Developmentally Disabled Gala
& Auction on February 23, 2013. The sum of$50 to be paid from
Commissioner Fiala's travel budget.
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Naples Players 60th Anniversary Celebration on
March 18, 2013. The sum of$100 to be paid from Commissioner
Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of January
26, 2013 through February 1, 2013 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of
February 2, 2013 through February 8, 2013 and for submission into
the official records of the Board.
3) To obtain Board approval for disbursements for the period of
February 9, 2013 through February 13, 2013 and for submission into
the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement awarding full
compensation, attorney fees and expert fees and costs in the amount of
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February 26,2013
$101,286.30 for Parcels 156DE and 156TCE in the lawsuit styled
Collier County v. Max Cap, Inc., et al., Case No. 12-CA-1749 (US 41
Ditch/Naples Manor Canal/LASIP Project #51101). (Fiscal Impact:
$68,656.30).
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-
PL20120002180, to disclaim, renounce and vacate the County and the
Public interest in a portion of the unimproved Davila Street right-of-way,
recorded in Official Record Book 144, pages 634-635, Official Record Book
183, page 359, and that part of Davila Street as shown on the plat of Green
Heron Acres, recorded in Plat Book 22, page 70 of the Public Records of
Collier County, Florida, being a part of Section 35, Township 48 South,
Range 26 East, Collier County, Florida, all being a part of the Buttonwood
Preserve RPUD, being more specifically shown in Exhibit "A".
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition AVPLAT-
PL20120002420, to disclaim, renounce and vacate the County and the
Public interest in a portion of the southerly 10 feet of an existing 20-foot
drainage easement located in Tracts D and E, Northbrooke Plaza, as
recorded in Plat Book 31, Pages 65 through 66, of the Public Records of
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February 26, 2013
Collier County, Florida, located in Section 19, Township 48 South, Range
26 East, Collier County Florida, more specifically shown in Exhibit A.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to adopt a Resolution to hold a
public hearing to consider vacating a portion of a 12-foot wide Drainage &
Utility Easement, being a part of Lots 30 and 31, Block 217 of Golden Gate
Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records of Collier
County, Florida. Application No. VAC-PL20120002673.
D. 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-
PL20120002591, to remove the County's interest in an existing Drainage
Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44,
pages 23 through 24 of the Public Records of Collier County, Florida, being
a part of Section 18, Township 49 South, Range 26 East, Collier County
Florida, more specifically shown in Exhibit A.
E. Recommendation to approve an Ordinance establishing a Public Transit
Advisory Committee.
F. Recommendation to adopt an amendment to Ordinance No. 2009-23,
"Regulation of Outdoor Burning and Incendiary Devices during Drought
Conditions Ordinance," in order to allow the Chairman of the Board of
County Commissioners to declare a burning ban on behalf of the Board in
absentia and also clarify certain provisions of the Ordinance.
G. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget.
H. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget in connection with the Clerk's Pay
Plan Adjustments.
18. ADJOURN
Page 18
February 26,2013
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 19
February 26,2013
February 26, 2013
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Good morning. We're going to
begin with the invocation and the Pledge of Allegiance. I'd like
everyone to rise.
Reverend Jonathan Evans will lead us in the invocation, and I'd
like to ask Commissioner Coyle to lead us in the Pledge of Allegiance.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND EVANS: Thank you. Let us pray.
We here today are among your called to work among your people
and your land. We have heard and answered your summons. You
have addressed us in the deep places of our lives, and in responsive
obedience, we testify as we are able to your truth as it concerns the
common life of Collier County.
We thank you for the call, for the burden of that call, for the risk
that goes with it, for the newness that sometimes comes from your
word.
May we be in the counsel of your summoning spirit, and so we
know some truth to speak, to act. But we are, as well, filled with rich
imagination of our own, and our imagination is sometimes matched
and overmatched by our cowardice, by our readiness to please, by our
quest for convenience over prudence.
We are at times a hard mix of true servant and wayward
squanderer, a mix of fulfilling your call and our hope for shalom.
Here we are as we are mixed, compromised but committed, anxious
but devoted. Use us and our gifts for your newness that pushes us
beyond all that we can say or imagine.
We are grateful for your words given to us for this work, for your
work among us, as you have entrusted us to work among your people
Page 2
February 26, 2013
and your creation. May we be captive only to you in our work.
We humbly ask you to bless it, and may we be open to your
blessing.
Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: County Manager?
Item #2A
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
— APPROVED AND/OR ADOPTED WITH CHANGES —
APPROVED
MR. OCHS: Thank you, Madam Chair. Good morning,
Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of February 26, 2013.
The first proposed change is to withdraw Item 6A. It's a public
petition, and that withdrawal is at the petitioner's request.
The next proposed change is to continue Item 6B, which also is a
public petition, to the March 12, 2013, BCC meeting. That request
comes by the petitioner.
The third proposed change is to withdraw Item 10A. It's an
appointment to the Collier County Planning Commission. That
withdrawal is made at Commissioner Hiller's request.
The next proposed change is to continue Item 16A10 to the
March 12, 2013, BCC meeting. That change is made at the staffs
request.
The next proposed change is to continue Item 16F1 to the March
12, 2013, BCC meeting. That's also a staff request.
The next proposed change is to move Item 16G2 from your
consent agenda and make that Item 14A1 under your regular airport
Page 3
February 26, 2013
authority agenda, and that change is made at Commissioner Coyle's
request.
The next proposed change is to add on Item 16J4. This is an item
approving disbursements for the period of February 14, 2013, through
February 20, 2013. That add-on was made at the Clerk of the Court's
request, and that item was delivered to the board last Friday.
We have a few agenda notes this morning, Commissioners. The
first is Item 11D. The county attorney requests that the board make a
finding that this expenditure promotes tourism, and that is an
expenditure having to do with the straightening of the Wiggins Pass
Channel.
The next note is on Item 16A11 . That is an item asking the board
to set a hearing date to consider a future vacation of easements, and
the title in the executive summary mistakenly said that ex parte
disclosure was required on this item, and it is not.
The next proposed change is 16A13, and it's an identical change.
There was a reference in the index to requirement of ex parte
disclosure. That will come when you actually have the public hearing,
Madam Chair, on that item, not just when you agree to the set date.
The next proposed change is Item 16D12. That is an affordable
housing density bonus agreement, an assignment to a new developer
who is going to make some substantial improvements to that
agreement. There was one late change to Section 6C of Exhibit A to
that resolution that I'd like to read briefly into the record. 6C will
read, "The DBA is in full force and effect, and, except as set forth in
the second sentence of this section, no material breaches, defaults, or
defenses have been asserted in writing to the seller that have not been
cured. Notwithstanding the representations and warranties made by
the seller pursuant to this Section 6C, seller has received notice of the
deficiency and non-compliance issues set forth in, No. 1, that certain
January 25, 2013, letter from Bridget Tracy of First Housing and
accompanying 2012 Annual Management Review, and, No. 2, that
Page 4
February 26, 2013
certain Collier County Code Enforcement notices of violation, copies
of which is attached to Exhibit C hereto, collectively, the
noncompliance issues." That change is made at the staffs request, and
that will complete that resolution.
The next proposed change is Item 17E. It's a recommendation to
establish a resolution and not an ordinance establishing a public transit
advisory committee. The executive summary was properly titled, but
the index read "ordinance" instead of "resolution." It's a resolution.
And you have several time-certain items this morning,
Commissioners. I should say today. The first one is Item 10E. That
will be heard at 10:30 a.m. That is the resolution having to do with
the Second Amendment to the Constitution.
Item 11A is scheduled to be heard at 11 :15 this morning. That is
the construction contract for the Gordon River Greenway project.
Item 12A will be heard at noon in closed session regarding the
settlement of the Blocker case. You will come out of closed session at
1 o'clock to report on that.
Item 13A will be heard at 2 p.m. immediately followed by 13B
and C. Those are presentations of internal audit reports from the Clerk
of the Circuit Court.
Item 11B is to be heard at 3 p.m. That is the staff report on the
proposed reallocation of your tourist development tax funds.
And, finally, 11F will be heard at 4 p.m. That is the staff report
on the committee findings and status report on the ATV project and
the site selection efforts.
Those are all the changes I have this morning, Madam Chair.
CHAIRWOMAN HILLER: Thank you.
Any discussion? Commissioner Henning?
COMMISSIONER HENNING: I would like to move 16C2 to
the regular agenda.
MR. OCHS: Commissioners, that will become Item 11J. That's
16C2, the Public Utility Master Plan consultant selection
Page 5
February 26, 2013
recommendation, becomes 11J.
CHAIRWOMAN HILLER: Any further discussion?
COMMISSIONER HENNING: Move to approve the regular
agenda as amended.
MR. OCHS: Does the county attorney have anything, ma'am?
CHAIRWOMAN HILLER: Just a second.
County Attorney?
MR. KLATZKOW: (Shakes head.)
MR. OCHS: Okay. Thank you.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
County Manager?
Page 6
Proposed Agenda Changes
Board of County Commissioners Meeting
February 26,2013
Withdraw Item 6A: Public petition request from Richard Van Deelen requesting that the Board give
direction for an analysis of a Municipal Services Benefit Unit(MSBU) for the La Peninsula Condominium
residents to replace the Sea Wall. (Petitioner's request)
Continue Item 6B to the March 12,2013 BCC Meeting: Public Petition request from Randall J.Cohen
regarding practices and procedures. (Petitioner's request)
Withdraw Item 10A: Appointment of member to the Collier County Planning Commission.
(Commissioner Hiller's request)
Continue Item 16A10 to the March 12,2013 BCC Meeting: Recommendation to approve Change Order
No.5 to Contract#09-5278 in the amount of$350,000 and for an additional 413 days(Phase I)with Stanley
Consultants, Inc.,for Design& Related Services for the Intersection Capacity Improvements to the US 41
and SR/CR 951 Intersection and Resurfacing,Restoration and Rehabilitation(3R)roadway improvements to
SR 951; project#60116. (Staffs request)
Continue Item 16F1 to the March 12,2013 BCC Meeting: Recommendation to authorize amendment#2 for
contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number
of hours per month,fees and the contract period to Dorrill Management Group and extend the term for
additional two(2)year term; and authorize the Chairwoman to approve the amendment. (Staffs request)
Move Item 16G2 to Item 14A1: Recommendation to direct the Airport Director to bring back in March a
plan to reduce or eliminate the Annual Fund transfer and to pay back the County loan. (Commissioner
Coyle's request)
Add On Item 16J4: To obtain Board approval for disbursements for the period of February 14,2013
through February 20,2013 and for submission into the official records of the Board. (Clerk of Courts
Finance Department)
Note:
Item 110: Recommendation to award Bid No. 13-6039 to Orion Marine Construction,Inc. in the amount of
$1,754,884.72 for the Wiggins Pass Channel Straightening Project and approve necessary budget amendment.
(Gary McAlpin,Coastal Zone Management)
The County Attorney requests that the Board make a finding that this expenditure promotes tourism.
Item 16A11: This item requires that ex parte disclosure be provided by Commission members.Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to adopt a
Resolution to hold a public hearing to consider vacating a portion of the 30-foot easements for public road
right-of-way as recorded in Official Record Book 3537,Page 1017,Official Record Book 764,Page 1667 and
Official Record Book 166,Page 752,of the Public Records of Collier County,Florida.Application No.
A V E SMT-PL20120002638.
Ex Parte Disclosure not required on this agenda item. (Staffs request)
Proposed Agenda Changes-Page 2
Item 16A13: This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in.Recommendation to adopt a
Resolution to hold a public hearing to consider vacating a portion of a 15-foot wide Drainage Easement,being
a part of Lots 77 and 78,Quail West Phase III,Unit 7,Plat Book 46,pages 89 through 102 of the Public
Records of Collier County,Florida.Application No.VAC-PL20120002668.
Ex Parte Disclosure not required on this agenda item. (Staffs request)
Item 16D12: Recommendation to approve a Resolution consenting to the transfer of an Affordable Housing
Multifamily Development known as Saddlebrook Village Apartments located on Davis Boulevard and
approving an Assignment and Assumption of the Affordable Housing Density Bonus Agreement.
Section 6C of Exhibit A of the Resolution is proposed to be modified as follows:
6(C): The DBA is in full force and effect,and,except as set forth in the second sentence of this Section,no
material breaches,defaults or defenses have been asserted in writing to Seller,or-to-the-besr-ef-Selleris
• . • • - • • • . • • • . ; the-Seller)that have not been
cured : • ' . . • • •
Seller . Notwithstanding the representations and warranties made by the Seller
pursuant to this Section 6(c),Seller has received notice of the deficiencies and non-compliance issues set forth in
(1)that certain January 25,2013 letter from Bridget Tracy of First Housing and accompanying 2012 Annual
Management Review, and(2)that certain Collier County Code Enforcement Notices of Violation date-stamped
January- 3013,copies of which is attached as Exhibit"C"hereto(collectively,the "Non-Compliance Issues").
(Staffs request)
Item 17E: Recommendation to approve an Ordinance establishing a Public Transit Advisory
Committee.
Title on index amended to read: Recommendation to approve a Resolution an-Ordinance establishing a Public
Transit Advisory Committee. (Staff's request)
Time Certain Items:
Item 10E to be heard at 10:30 a.m.
Item 11A to be heard at 11:15 a.m.
Item 12A to be heard at 12:00 noon,in a Closed Session,followed by Item 12B in an Open Session
Item 13A to be heard at 2:00 p.m.,immediately followed by Items 13B and 13C
Item 11B to be heard at 3:00 p.m.
Item 11F to be heard at 4:00 p.m.
2/26/2013 1:31 AM
February 26, 2013
Item #2B
APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA) — APPROVED
MR. OCHS: That takes you to approval of today's consent
agenda as amended.
CHAIRWOMAN HILLER: Any discussion?
COMMISSIONER FIALA: Do we need to take --
COMMISSIONER HENNING: Madam Chair, I have no ex
parte communication.
CHAIRWOMAN HILLER: Yeah. I just wanted to first address
any discussion, and then we'll get to ex parte.
COMMISSIONER FIALA: Do we need to advise of any
disclosures on this consent agenda?
CHAIRWOMAN HILLER: We do, and we'll address that. If
there's anything that needs to be moved forward, I'd like to address
that first, and then we'll address the ex parte.
Are there any other items that anyone would like to move
forward, or is there any discussion on the consent?
COMMISSIONER NANCE: None.
CHAIRWOMAN HILLER: There being no discussion, ex parte
disclosures, Commissioner Henning?
COMMISSIONER HENNING: I have none.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I have none this morning.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: None.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Not from me.
CHAIRWOMAN HILLER: And I also have none.
Page 7
February 26, 2013
There being no discussion and no disclosures, all in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER FIALA: Second the motion.
CHAIRWOMAN HILLER: Oh, thank you. Thank you. I
appreciate that.
All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: I have an overdeveloped sense of
urgency.
Item #2C
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA) — ADOPTED WITH
CHANGES
MR. OCHS: Madam Chair, Item 2C, then, is approval of today's
summary agenda as amended.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: Ex parte disclosure, Commissioner
Henning?
COMMISSIONER HENNING: None.
Page 8
February 26, 2013
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: None this morning.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: None.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: None.
CHAIRWOMAN HILLER: I also have none. May I have a
motion for approval?
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: And seconded.
CHAIRWOMAN HILLER: Thank you.
All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2D
MINUTES OF THE JANUARY 22, 2013 BCC/REGULAR
MEETING MINUTES — APPROVED AS PRESENTED
MR. OCHS: Item 2D is approval of the BCC regular meeting
minutes from January 22, 2013.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, may I
have a motion?
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER NANCE: Second.
Page 9
February 26, 2013
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2E
MINUTES OF THE FEBRUARY 5, 2013 BCC/AIRPORT
AUTHORITY WORKSHOP — APPROVED AS PRESENTED
MR. OCHS: Item 2E is approval of the BCC and airport
authority workshop minutes from February 5, 2013.
CHAIRWOMAN HILLER: Any discussion?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2F
MINUTES OF THE FEBRUARY 5, 2013 BCC WORKSHOP ON
MEETING SCHEDULES & BOARD OFFICE RESTRUCTURING —
APPROVED AS PRESENTED
Page 10
February 26, 2013
MR. OCHS: Item 2F is approval of BCC and workshop meeting
schedules and board office restructure and discussion from February 5,
2013.
CHAIRWOMAN HILLER: Any discussion?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #3A1
EMPLOYEE SERVICE AWARDS — 20 YEAR ATTENDEE
MR. OCHS: Commissioners, that takes us to Item 3 on your
agenda this morning, employee service awards. If the board would be
kind enough to join us in front of the dais.
Commissioners, our first service award this morning celebrates
20 years of service to Collier County. It's Jim Riley from our road
maintenance department.
Jim, please come forward.
(Applause.)
MR. RILEY: Good morning, ladies and gentlemen.
COMMISSIONER NANCE: Thank you for your service.
COMMISSIONER HENNING: Thank you for your service.
CHAIRWOMAN HILLER: Thank you so much.
MR. RILEY: Ms. Fiala, it's good to see you.
COMMISSIONER FIALA: Same to you, Jim.
Page 11
February 26, 2013
COMMISSIONER COYLE: Good morning, Jim.
MR. RILEY: Good morning.
MR. OCHS: Congratulations, Jim.
MR. RILEY: Thank you.
(Applause.)
Item #3A2
EMPLOYEE SERVICE AWARDS — 25 YEAR ATTENDEES
MR. OCHS: Commissioners, we have four employees
celebrating 25 years of service this morning. Our first 25-year
recipient is Judy Puig from our Growth Management Division.
Judy?
(Applause.)
MR. OCHS: Commissioners, a little birdie tells me it's also
Judy's birthday today, so we have a double reason to celebrate.
(Applause.)
MS. PUIG: Thank you.
(Applause.)
MR. OCHS: Our next 25-year service awardee is Kevin
Hendricks from our transportation engineering department.
(Applause.)
CHAIRWOMAN HILLER: You even have banners in the
background.
MR. HENDRICKS: That's awesome.
COMMISSIONER COYLE: Nobody can read them, but --
COMMISSIONER NANCE: Thank you.
COMMISSIONER HENNING: Thank you for your service.
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER FIALA: Great work that you do.
COMMISSIONER COYLE: Thank you for your service.
Page 12
February 26, 2013
MR. HENDRICKS: Thank you very much.
MR. OCHS: Get over there and get your picture first.
(Applause.)
MR. OCHS: Our next 25-year awardee is William Craig from
our water department.
Bill?
(Applause.)
COMMISSIONER NANCE: Thank you.
COMMISSIONER HENNING: Thank you, sir.
MR. CRAIG: Thanks.
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER FIALA: Thank you so much.
COMMISSIONER COYLE: Thank you.
MR. CRAIG: Thank you. Appreciate it.
(Applause.)
MR. OCHS: Our final 25-year service awardee this morning is
Valerie Thorsen from our EMS department.
Valerie?
(Applause.)
CHAIRWOMAN HILLER: Congratulations, Valerie.
COMMISSIONER NANCE: Thank you.
COMMISSIONER HENNING: Thank you.
COMMISSIONER FIALA: Thanks for your service.
COMMISSIONER COYLE: Thank you.
(Applause.)
Item #3A3
EMPLOYEE SERVICE AWARDS — 30 YEAR ATTENDEES
MR. OCHS: Commissioners, this morning we have two
employees that are celebrating 30 years of service with county
Page 13
February 26, 2013
government. Our first awardee is Gary Hamm from our road
maintenance department.
Gary.
(Applause.)
COMMISSIONER NANCE: Thank you very much, Gary.
COMMISSIONER HENNING: Thanks.
CHAIRWOMAN HILLER: Congratulations, Gary.
COMMISSIONER FIALA: Thank you so much for your
service.
COMMISSIONER COYLE: Thank you, Gary.
(Applause.)
MR. OCHS: Also celebrating 30 years of service this morning,
Gregorio Flores from our water department.
(Applause.)
COMMISSIONER NANCE: Thank you.
COMMISSIONER HENNING: Thanks for your service.
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER FIALA: Thank you.
COMMISSIONER COYLE: Thank you for your service.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
Item #3A4
EMPLOYEE SERVICE AWARD — 35 YEAR ATTENDEE
MR. OCHS: And finally this morning, Commissioners, we're
celebrating a very special occasion, 35 years of service to county
government, Jodi Walters with our solid waste department.
(Applause.)
CHAIRWOMAN HILLER: Congratulations.
MR. OCHS: Congratulations.
Page 14
February 26, 2013
(Applause.)
MR. OCHS: Commissioners, that concludes our service awards
this morning. Thank you.
CHAIRWOMAN HILLER: Leo, can we do -- can we just
change the order and do Melissa Hennig first --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- and then do the memorial?
MR. OCHS: Certainly.
CHAIRWOMAN HILLER: I think it might be -- just in terms of
the spirit, it might be better.
MR. OCHS: Okay, great.
CHAIRWOMAN HILLER: As the room is clearing, I just want
to say it shows what a wonderful place Collier County Government is
to work. If we have so many employees that been here literally for
decades, it really says something --
MR. OCHS: Yes, it does.
CHAIRWOMAN HILLER: -- says something about how great it
is here. Thank you, Leo.
Item #5A
RECOMMENDATION TO RECOGNIZE MELISSA HENNIG,
SENIOR ENVIRONMENTAL SPECIALIST, PARKS AND
RECREATION DEPARTMENT, AS EMPLOYEE OF THE
MONTH FOR FEBRUARY 2013 — PRESENTED
MR. OCHS: Thank you, ma'am.
Commissioners, we'll now go to Item 5A on your agenda this
morning. It's a presentation. It's a recommendation to recognize
Melissa Hennig, senior environmental specialist with parks and
recreation department, as Employee of the Month for February 2013.
Melissa, congratulations.
Page 15
February 26, 2013
(Applause.)
CHAIRWOMAN HILLER: Melissa, congratulations. You've
really done an incredible job. Thank you.
COMMISSIONER FIALA: Congratulations.
MR. OCHS: Stay right there while I tell the audience a little bit
about you.
Commissioners, as you know, Melissa's been an employee of the
county for over 11 years working with our Conservation Collier
program. As our senior environmental specialist, she's responsible for
restoring and managing large tracts of land in Collier County for
conservation purposes.
She has, at many occasions, successfully integrated agricultural
restoration and recreational opportunities in your Conservation Collier
acquisition projects and properties.
She's worked closely with the Fish and Wildlife Conservation
Commission to set up the hunt program for the Pepper Ranch
Preserve, including youth hunts that have recently occurred there. Her
management of the Conservation Collier program between 2007 and
2012 has laid the foundation to successfully carry the program and has
carried the program through the economic downturn, and preserved
the fiscal integrity of the program, which is very important to our
taxpayers.
Her passion, dedication, and can-do attitude make her an
exceptional choice for this award. She's certainly an asset to the
community, very deserving of this award, and it's my honor,
Commissioners, to present Melissa Hennig as your employee of the
month for February 2013.
Congratulations, Melissa.
(Applause.)
Item #4A
Page 16
February 26, 2013
PROCLAMATION DESIGNATING MARCH 10, 2013 AS THE
DUANE BILLINGTON DAY OF REMEMBRANCE IN COLLIER
COUNTY IN RECOGNITION OF HIS CONTRIBUTIONS TO
THE COMMUNITY— ADOPTED
CHAIRWOMAN HILLER: Ladies and gentlemen, I'd like to
ask you all to rise. It's with great sadness -- and I have to hold back
tears -- that I have to share with you that Duane Billington passed
away. So in his honor, I will be reading a proclamation.
Can you hold this for me, because I'm going to cry. Sorry.
Whereas, local civic activist, Duane Billington, lost a courageous
battle with cancer on February 15, 2013; and,
Whereas, he was a frequent participant at county meetings and
well known for his passionate commitment to causes benefitting the
Golden Gate community in Collier County and was a staunch fighter
for truth, transparency, and fiscal responsibility; and,
Whereas, his dedication to numerous civic associations, as well
as the Golden Gate Frontier Days Festival, Local Chapter of Veterans
of Foreign Wars, and Golden Gate Community Center displayed his
devotion to the community; and,
Whereas, he leaves behind his son Jason, daughter-in-law
Tiffany, grandson Cody, and the many friends who will continue to
champion his causes with equal passion; and,
Whereas, it is with sadness but great pride that we remember Mr.
Billington for his volunteerism and involvement in his community and
honor the fine legacy that he has left for the residents of Collier
County; and,
Whereas, it was his Irish passion that drove his efforts organizing
the Irish entertainment for the Golden Gate Frontier Days Festival's
Family Day Irish Night on March 10, 2013, in bringing in the Irish in
advance of Saint Patrick's Day.
Now, therefore, be it proclaimed by the Board of County
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February 26, 2013
Commissioners of Collier County, Florida, that March 10, 2013, be
designated as Duane Billington Day of Remembrance.
Done and ordered this 26th day of February, 2013, by the Board
of County Commissioners, Collier County.
Could we all please stand.
MR. OCHS: Madam Chair, Mr. Billington's son, Jason, is
present to accept the proclamation this morning.
CHAIRWOMAN HILLER: Thank you. I'm very glad to hear
that. Jason?
MR. OCHS: If you'd please step forward.
CHAIRWOMAN HILLER: And this is the handsome Cody?
MR. BILLINGTON: It is.
CHAIRWOMAN HILLER: Oh, that's wonderful.
Your dad was a wonderful man. My heart goes out to you and
your family.
COMMISSIONER NANCE: Thank you, sir.
COMMISSIONER HENNING: Sorry for your loss, Jason.
CHAIRWOMAN HILLER: If we could observe a moment of
silence in Duane's memory.
Thank you.
Duane really was an exceptional man, and I had, actually, the
honor of being with him in his last days. And he was fighting all the
good causes right to the bitter end. I mean, even in the hospital, he
was still talking about county government.
And I just can't tell you how wonderful it is to see someone so
passionate and so selflessly committed to the welfare of this
community as Duane was.
So it is truly a sad day for us, but we will remember him with
great happiness. And I really want to encourage all of you to go to
this Irish festival. And you can talk to Jim Flanagan about the details.
And, you know, drink a lot of Irish whiskey and have a lot of fun in
his name and his memory.
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February 26, 2013
MR. OCHS: Madam Chair, if I may have a motion to accept the
proclamation this morning.
COMMISSIONER HENNING: So moved.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Thank you, ma'am.
That moves us to Item 6C on your agenda this morning. It is a
public petition request from Pedro Jesus Romero-Menendez regarding
matters concerning Immokalee.
Mr. Menendez is here? Mr. Menendez?
(No response.)
MR. OCHS: Apparently he's not here this morning,
Commissioners.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: That would move us to Item 7 on your agenda,
public comments on general topics.
MR. MILLER: Madam Chair, we have one registered speaker
for public comment, Charles Minard.
MR. KLATZKOW: Commissioners, there's likely to be a
lawsuit arising out of what Mr. Minard is going to say, so I would
suggest that you listen to him but do not comment.
Page 19
February 26, 2013
MR. MINARD: Good morning, Commissioners.
I'm here this morning to ask the commissioners for accountability
for EMS due to the death of my son on the 21st of December. There
was a six-minute delay because Collier County EMS was vacuuming
and cleaning the EMS Medic 42; never responded to their ring tones
and their signals to rescue my son. It was a 13-minute response time.
I'm three miles away from EMS.
My son passed away on December 21st because of our response
times in Collier County. This is not an isolated issue. There's over a
thousand records right now, 10 minutes to an hour of response times
in Collier County.
Leo Ochs, you said on TV that you're ultimately accountable for
the death of my son. I have seen no actions taken whatsoever. A
change has been made that EMS is required to call in within that two
minutes. To me that's common sense. I don't think we need to make
law -- or that's common sense that they should call and report in two
minutes for their -- back to dispatch when things are going wrong.
There was a four-minute delay in dispatch, which Captain Arego
(phonetic) stood up and admitted wrong. He admitted to my family
that he was wrong; there was mistakes made. He's willing to walk us
through dispatch on Wednesday to show us how things work. I
understand there's been a change put in place due to my family at
dispatch already, a tone that goes with it so they can't turn away from
their monitors and not know what's going on.
I want change in this county. I think we need to privatize EMS.
Collier County's failed horribly, horribly, my son and the folks of
Collier County here.
I've got people coming to me constantly telling me stories of their
children, their families. A 44-year-old woman come (sic) to me, a half
mile away from EMS for a 20-minute response time. Her 44-year-old
daughter died.
We need change. I want accountability for the death of my son.
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February 26, 2013
I think it's time. I have been chasing down the county for well over
two months now. I've had the police called on me by Walter Kopka
when he asked for a meeting with my family and then called the
police on me in this meeting. What's this say to the citizens of Collier
County? We can't hide behind what's going on here. We need to fix
this problem. This needs to be addressed. People are dying in Collier
County.
I don't know how much time I got here, but I'm going to finish up
with one thing. Last night before I went to bed, I was watching the
news. And what do I see on the news? Collier County EMT arrested
for shoplifting in the Wal-Mart. What does this say to the people of
Collier County? We cannot trust EMS. I don't want her coming in
my home.
We need -- this is serious. I'm told this is local and state, that we
need to get this problem fixed. I look around our country, and this is
not local and state. This is a national problem. It's going on
everywhere.
I got billed $800 for the death of my son. I don't think that's fair
that I should get a bill in the mail for $800 when Collier County EMS
failed my son. They failed my family.
I think it's time for change. I'm reaching for accountability, and
I'm asking our county commissioners to step up with me and reach for
change in this county before anybody else dies.
CHAIRWOMAN HILLER: Thank you.
MR. MINARD: Thank you.
(Applause.)
CHAIRWOMAN HILLER: Leo, usually in a situation where
there's a death, there should be no charge for the $800. I mean, that's
-- typically, there's -- I didn't believe that there was a charge when
there is actually a death.
MR. MINARD: I've got the bill with me.
UNIDENTIFIED SPEAKER: The lawyer has it.
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February 26, 2013
MR. OCHS: I'm not aware of that policy, Commissioner, but I'll
follow up with the board.
CHAIRWOMAN HILLER: If you would look into that --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- because I don't believe there
usually is.
We are working on EMS. It is a major issue, and it is a matter of
life and death, and timing is everything. There is no question about it.
MR. MINARD: Before anybody dies.
UNIDENTIFIED SPEAKER: Thank you.
CHAIRWOMAN HILLER: My husband died of sudden cardiac
arrest, and I completely understand how you feel.
MR. MINARD: Things that are going on are just not fair. It's
not fair. He was a 25-year-old man.
CHAIRWOMAN HILLER: Well, this board is committed to
doing the best thing for the citizens of this county, and we will.
MR. MINARD: Thank you.
Item #10B
RESOLUTION 2013-53: APPOINTING JAMES P. KELLY TO
THE AIRPORT AUTHORITY ADVISORY BOARD — ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 10B on your
agenda this morning; that is an appointment of a member to the
Airport Authority Advisory Board.
COMMISSIONER FIALA: Motion to approve the committee
recommendation of James P. Kelly.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
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February 26, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10C
RESOLUTION 2013-54: REAPPOINTING LAUREN GIBSON TO
THE CONSERVATION COLLIER LAND ACQUISITION
ADVISORY COMMITTEE — ADOPTED
MR. OCHS: Item 10C is a reappointment of a member to the
Conservation Collier Land Acquisition Advisory Committee.
COMMISSIONER FIALA: Motion to reappoint Laura Gibson
as the committee recommendation as well.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10D
RECOMMENDATION TO RE-ADVERTISE THE VACANCY ON
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February 26, 2013
VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY
COMMITTEE — APPROVED
MR. OCHS: Item 10D is a recommendation to re-advertise the
vacancy on the Vanderbilt Beach Beauti --
CHAIRWOMAN HILLER: Motion to approve.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10F
RESOLUTION 2013-55: RECOMMENDATION THE BOARD OF
COUNTY COMMISSIONERS APPROVES A RESOLUTION
FORMALLY DECLARING ITS INTENT TO NOT INCREASE
THE TOURIST DEVELOPMENT TAX — ADOPTED
MR. OCHS: 1OF is a recommendation that the Board of County
Commissioners approves a resolution formally declaring its intent to
not increase the tourist development tax. This item was placed on the
agenda by Commissioner Hiller.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
Page 24
February 26, 2013
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Commissioners, that takes us to Item 11C on your
agenda this morning.
CHAIRWOMAN HILLER: County Manager, can we treat 11B
and C as companion items? Can we take them in succession since we
are talking about the tourist development tax, and --
MR. OCHS: Certainly.
CHAIRWOMAN HILLER: -- allow Jack Wert to speak at one
time?
COMMISSIONER NANCE: I agree.
MR. OCHS: So we'll hear 11C immediately --
CHAIRWOMAN HILLER: After 11B, please.
MR. OCHS: -- after 11B. Okay.
Item #11D
RECOMMENDATION TO AWARD BID #13-6039 TO ORION
MARINE CONSTRUCTION, INC. IN THE AMOUNT OF
$1,754,884.72 FOR THE WIGGINS PASS CHANNEL
STRAIGHTENING PROJECT AND APPROVE NECESSARY
BUDGET AMENDMENT— BCC MAKES A FINDING THAT
THIS ITEM PROMOTES TOURISM AND ITEM IS APPROVED
AS STIPULATED
MR. OCHS: And that takes us to Item 11D on your agenda this
morning. It's a recommendation to award Bid No. 13-6039 to Orion
Marine Construction, Incorporated, in the amount of$1,754,884.72
for the Wiggins Pass channel straightening project, and to approve
necessary budget amendments.
MR. MILLER: Madam Chair, I have, it looks like, 12 public
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February 26, 2013
speakers for this item.
CHAIRWOMAN HILLER: For the Wiggins Pass item?
MR. MILLER: Yes.
MR. CASALANGUIDA: Commissioners, Mr. -- for the record,
Nick Casalanguida. Mr. McAlpin's on his way; we're moving quickly.
But I can cover the -- upfront there was a couple questions that came.
One was about having only one bidder.
CHAIRWOMAN HILLER: Right.
MR. CASALANGUIDA: And what we've done is we've
negotiated with that bidder down to the engineer's estimate. There
were some concerns with respect to the time. There are some LDs in
the contract, so if the person does go out of the bid range, liquidated
damages will kick in.
And we are going to do a post-bid survey just to make sure that
we're accurate. We're providing good bid plans out and making sure
that we try and get more people out there when we do these
solicitations.
CHAIRWOMAN HILLER: I appreciate your comments, Mr.
Casalanguida. I'm going to just go over the few points that you made.
It's my understanding that there were about seven to eight
bidders, or dredgers, I should say, that came to the initial solicitation
conference, but at the end of the day only one bidder, only one
dredger actually came forward with a proposal, and that proposal was
for approximately 2 million. You were able to negotiate that down to
the 1 .75.
With that said, I think that we need to be absolutely sure that the
engineer's estimate was not under what it ought to be for the project
and that this, in fact, is the real number.
So I'm going to ask that all change orders related to this project
come before the board for approval and not be approved
administratively.
The second thing I would like to ask is that with respect to the
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February 26, 2013
contract, the other thing that I heard as a consequence of the
conference that was held among the potential bidders is that there was
concern that the deadline of achieving this dredge before turtle nesting
season was questionable. And as such, your suggestion that, you
know, we have liquidated damages -- a liquidated damages provision
in the contract is a good one, but it really needs to be stronger than
that.
We need to basically provide that in the event that the contractor
does not complete this dredge before turtle nesting season, he will be
considered in breach, and we will take action accordingly.
And, County Attorney, I would like to ask that you make sure
that our contract does provide for that, because time is of the essence
in this contract, in this -- as it relates to this project.
MR. KLATZKOW: Okay. You're asking for a
time-of-the-essence clause. You've got 12 public speakers. If-- with
the chair's indulgence, if you would take those speakers, let me get a
chance to go through the contract and talk with Nick --
CHAIRWOMAN HILLER: That would be great. I would really
appreciate that.
Those are the only concerns that I see; otherwise, it does appear
that everything that is being proposed is within the scope of what the
board has intended, and I sincerely hope that this turns out to be a
successful project in the interest of what is now a completely unified
community with respect to all interest groups that are affected.
MR. CASALANGUIDA: Yes, ma'am.
CHAIRWOMAN HILLER: So thank you.
So with that, I'd like to turn this over for the public speakers.
MR. MILLER: Your first public speaker is John Bache. He will
be followed by Chuck Wicker.
If we could have the second speaker waiting at the second
podium, please.
MR. BACHE: The second speaker is not here now, sir.
Page 27
February 26, 2013
MR. MILLER: Oh, okay.
MR. BACHE: My name is John Bache, and I'm a resident of
Pelican Marsh. I have lived in the community for almost 15 years,
and I am a resident of Collier County.
I want to just make one plea here. You know, we've played with
this pass for all 15 years of my residency here. We have a disaster out
there, if we don't fix it.
I have a 40-foot boat, which is an outboard powered with 900
horsepower. When I come into the pass, I come in at 40 miles an
hour. If I lose control of that boat or if somebody enters the pass --
because, Gary McAlpin could attest to this, we keep moving the
markers in, so there's not room for two good-sized boats to go by.
If I come in at 40 miles an hour and somebody approaches that I
didn't see, okay, we've got a disaster in the making, and I don't want to
be a part of that, okay.
We've had complaints over the years that we're affecting the
environment. Well, number one is, I used to walk the docks 15 years
ago, and I saw a lot of mold around the docks, the water was clear,
and we had a lot of porpoises swimming around. We don't have that
anymore. The water is dirty.
Now, it's because we're not flushing the pass. There's no question
about it. It was said that it was first Marco River Marina. They're
gone, so that's not the problem. Second it was all these big diesel
boats that were at Pelican Isle. They're gone. So it's not diesel boats.
So believe me, it's down to the wash, and I think it's time we take
action.
Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next public speaker is Chuck Wicker
followed by Joe Moreland. Looks like Joe Moreland will be next. Joe
will be followed by Peter Franek (sic).
MR. MORELAND: Madam Chairman, members of the
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February 26, 2013
commission, it's deja vu' all over again.
CHAIRWOMAN HILLER: I hope not. I wouldn't call this deja
vu'.
MR. MORELAND: Oh, bless your heart. I was hoping you'd
say that.
Commissioners, there's not much new to be said and, particularly,
from my vocabulary. You --just to remind you, the -- this has been a
five-year project. It has served, I think, as a textbook example of
diverse public interests coming together almost in fellowship at some
point to try to resolve their very heartfelt differences in the approach
and in some cases the need for the Wiggins Pass project.
Unanimity was reached. Quite unbelievable. It took a while, but
they were all good people. They did it, and that's where we are.
It is my impression from having discussed privately that --
excuse me for the button, but just -- that the commission might look
very favorably upon this. Believing that to be so, and in your interest
for a very long agenda, there are a number of people here today who
share my interests in this and who were prepared to testify.
I defer to Madam Chairman that if-- in the interest of your time,
if you will accept the fact that all of these people would speak
strenuously in support of this project and that there is no serious need
for them to express that to you by any other way than standing and
giving you a hand salute.
CHAIRWOMAN HILLER: Oh, that's lovely.
Commissioner Fiala?
COMMISSIONER FIALA: Oh, I'll wait till the speakers are
finished.
CHAIRWOMAN HILLER: Okay. I was wondering if you
wanted to comment on --
COMMISSIONER FIALA: Not now.
CHAIRWOMAN HILLER: I appreciate your suggestion to
recognize the speakers and their support. And what I would ask is that
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February 26, 2013
all the speakers who you brought today in support of the project, if
they would line up behind you, stand behind you, announce their
name, say they support the project, and sit down.
Since you have very eloquently expressed their position, I think I
would find that the most efficient way while still allowing them the
opportunity to say that they support the project on the record.
MR. MORELAND: That is a brilliant suggestion.
CHAIRWOMAN HILLER: So if--
MR. MORELAND: We will do that.
CHAIRWOMAN HILLER: -- every speaker that agrees with
Mr. Moreland would kindly step up behind him, I would really
appreciate --just state your name for the record and say that you
support the Wiggins Pass project. You will be recognized.
MS. JOHNSON: Good morning. For the record, Nicole Johnson
here on behalf of the Conservancy of Southwest Florida. We support
the project. It's not only an engineering solution; it's an environmental
solution, and we appreciate your time on this.
CHAIRWOMAN HILLER: Thank you.
MS. JOHNSON: Thank you.
MR. FRANCK: I'm Peter Franck, and I live in Collier County,
and I support this project. I want to thank you for all your hard work
that you've done on this project.
Thank you.
CHAIRWOMAN HILLER: Thank you.
MS. GARNOLE: I'm Carol Garnole (phonetic). I'm from Collier
County, Pelican Isle Yacht Club, Wiggins Pass, and I support this
project.
CHAIRWOMAN HILLER: Thank you.
MR. MUELLER: I'm Rand Mueller. I've been living here since
2005. I've been using the pass since then. I appreciate all the effort
that's been put into this. We could really use the pass getting dredged.
Thank you.
Page 30
February 26, 2013
CHAIRWOMAN HILLER: Thank you.
MS. MORELAND: Audrey Moreland, Collier County resident
and boater through Wiggins Pass for about the last 12 years, and
numerous problems out there, which the straightening of the pass and
the dredging will definitely remedy. So we solicit your support.
Thank you.
CHAIRWOMAN HILLER: Thank you.
MS. OWENS: Irene Owens, Pelican Isle, Collier County
resident for the past 18 years, and we support the project.
CHAIRWOMAN HILLER: Thank you.
MS. KASTNER: Susan Kastner, Collier County residents. I
fully support this project.
CHAIRWOMAN HILLER: Thank you.
Ladies and gentlemen, have a seat after you've spoken.
MR. KARTS: Jim Karis (phonetic), Collier County resident. I
fully support the project.
CHAIRWOMAN HILLER: Thank you.
MR. KNUCKLES: Hi, Brett Knuckles (phonetic), Collier
County resident, Florida resident, Florida voter. And --
CHAIRWOMAN HILLER: We like all of that.
MR. KNUCKLES: Yeah.
CHAIRWOMAN HILLER: We need more of you.
MR. KNUCKLES: This is very important to me, too. So I
remember that when I vote.
Thank you very much.
CHAIRWOMAN HILLER: Thank you. Thank you very much.
MS. PITTMAN: Judy Pittman, long-time resident. And while
we are boaters, I want to emphasize that we share this pass with all the
people on the land who appreciate the beauty and the fishing, and
that's what we need it to --
CHAIRWOMAN HILLER: Thank you.
MS. PITTMAN: -- become.
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February 26, 2013
CHAIRWOMAN HILLER: Thank you so much.
MS. PITTMAN: Thank you.
MS. MARMON: Patricia Marmon, Collier County residents, and
we have been here since 1999. And we really love the pass, and we
hope it comes back to the way it has been at other times.
CHAIRWOMAN HILLER: Thank you.
MR. JARCZYK: Felix Jarczyk, Collier County resident, Florida
resident, and I support the dredging of the pass.
CHAIRWOMAN HILLER: Thank you.
MR. SINKAGE: P.J. Sinkage, long-time resident for 18 years in
Collier County, also boater and a frequent user of the pass up to the
past few years because of my draft. And thank you for supporting
this.
CHAIRWOMAN HILLER: Thank you.
MR. LUPIST: Loren Lupist (phonetic), Florida resident and user
of the pass. Appreciate your support.
CHAIRWOMAN HILLER: Thank you.
MS. STEIFLE: Susan Steifle (phonetic), Vanderbilt Beach area.
I support the pass dredging and want you to make it safe and usable
again.
Thank you very much.
CHAIRWOMAN HILLER: Thank you.
MR. STEIFLE: Roger Steifle from Oak Avenue. I support the
dredging of the pass. I haven't been able to get my boat out of the pass
since last summer, and so I'm looking forward to finally getting where
I can get out of the pass and back in. Thanks.
CHAIRWOMAN HILLER: Thank you.
MS. HOBBS: Hi, Kristine Hobbs, resident of Aqua, and my
husband and I have been residents for 13 years, and we need to get our
boat out, and we need the pass going straight.
Thank you.
CHAIRWOMAN HILLER: Thank you.
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February 26, 2013
MR. LINDEEN: Rich Lindeen, 17 years, resident, Collier
County, Pelican Isle. Complete support of what Joe has done.
CHAIRWOMAN HILLER: Thank you.
MR. KINZVATER: John Kinzvater (phonetic), 12-year resident.
We fully support this very well-developed, well-supported solution to
the problem of the pass.
Thank you.
CHAIRWOMAN HILLER: Thank you.
And, again, thank you very much, Joe, for all your input and the
help that you have provided as a community representative on this
very complicated project.
MR. MORELAND: Well, I thank you very much, Mrs.
Chairman, and certainly appreciative of the board, both in its current
configuration and its past configuration.
CHAIRWOMAN HILLER: And these last two years --
MR. MORELAND: You've been a joy to work with, in all
sincerity. But, Madam Chair, if you'd bear with me just a moment.
CHAIRWOMAN HILLER: Sure.
MR. MORELAND: We've seen a lot of awards properly earned
in this morning's presentations, but I would be very remiss in not
expressing to you my professional appreciation to the staff and
particularly Gary McAlpin and his immediate staff and their
dedication to this job and, in my view, their expeditious and
professional handling of issues that moved things forward in a way,
working between opposing points of view and working through them
with no hostility or -- I admire that work. I want that on the record.
CHAIRWOMAN HILLER: Thank you so much.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Joe Moreland called me, I
don't know, a year, year and a half ago, something like that. Now, I
don't have a boat, and I never go boating, obviously, and Joe said,
have you been through the pass? I said no. He says, I'll take you for a
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February 26, 2013
ride.
So I took him up on that, and I was amazed to see what the pass
was then where you could hardly get through it, and I was -- it opened
my eyes to what was going on over there.
Since then I've worked closely with the Conservancy, with Joe,
and with other people as well, and I can't imagine anybody not voting
for this.
I wanted to make sure the Conservancy liked the idea of making
it a straight shot out. They do. They feel that this is a good project.
And Joe pointed out to me, a number of times, what a great project
this is, so I could do nothing but vote for it.
CHAIRWOMAN HILLER: Thank you, Commissioner Fiala.
Commissioner Henning?
COMMISSIONER HENNING: Is this a new format for public
speakers?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: Let's put it this way, I'm trying to
build in efficiencies while still giving everyone opportunity to speak.
I'm assuming you think this is a good project? No negative
comments?
COMMISSIONER HENNING: No, I support it totally.
CHAIRWOMAN HILLER: I know you always have, and I think
the community really appreciates that.
COMMISSIONER HENNING: Yeah. And I understand it does
promote tourism, as Mr. Klatzkow wanted us to define.
CHAIRWOMAN HILLER: Yes, thank you very much for doing
so. It does promote tourism.
Mr. Klatzkow?
MR. KLATZKOW: Yeah. We have on the monitor staff was
apprecient (sic) on this. They addressed your issues, Commissioner.
Time is of the essence. There's a date certain for completion of the
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February 26, 2013
project; failing which, there will be liquidated damages assessed.
Obviously, force majeure could always kick in, but there's very
little you can do about that.
CHAIRWOMAN HILLER: Exactly.
MR. KLATZKOW: So I think we're okay on that. As far as the
change orders go, I think Mr. Casalanguida has something to say.
MR. CASALANGUIDA: Sure. Ms. Chairwoman,
Commissioners, what we'll do is we'll monitor this project. And there
are two things I'd like to do and put on the record. One is, you can
manage the scope by quantities that come in and out, so we'll see if
there's something that's amiss leading up to it. Two, if there's
something we need to do right away, I'd like to address it with a work
directive and then have it ratified it at the board.
With this thing being a tight schedule, you'll get that chance to
review the work directive within two weeks, other than it being put on
a once-a-month review.
CHAIRWOMAN HILLER: I wouldn't do that. I recommend
that if we have an emergency, we can readily call an emergency
meeting and approve it. There's no problem doing that. We're all
readily available.
MR. CASALANGUIDA: It's your pleasure. A work directive is
pretty transparent. We could make a communication through the
county manager and let you see it and ratify it. But if you want to do
it that way, that's your pleasure, ma'am.
CHAIRWOMAN HILLER: County Manager, would you like to
add in on that? I mean, I would prefer it come back to the board. You
know, I really do have a concern. I don't want this to go over budget.
MR. OCHS: No, we are in full support of that desire,
Commissioners. I think what Nick is expressing is that because there's
also a tight time schedule here, and we want to make sure that we
meet the deadline, if we do have some unforeseen work directive or
change, although we don't anticipate it right now, if we have to wait to
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February 26, 2013
get to a regular board meeting and stop the project, that works against
your larger objective of meeting the deadline, but if you want to --
CHAIRWOMAN HILLER: Which we wouldn't do.
MR. OCHS: -- call a special meeting, and that's the pleasure of
the chair and the board, we can do that as well.
CHAIRWOMAN HILLER: The alternative is we could put a
dollar cap on the, you know, post-event ratification. Like, for
example, not to exceed 50,000, but any amount over 50,000 would
come back to the board.
MR. CASALANGUIDA: That would work.
MR. OCHS: That's a good alternative as well.
CHAIRWOMAN HILLER: Is that agreeable? All right.
MR. CASALANGUIDA: That would work.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I support this project 100
percent. I am a little concerned, though, that somehow we went
through and we only got one bidder. And I'm not concerned about
that necessarily because I think the price is irregular or anything, but
I'm very concerned -- it's well known that we have many, many
environmental concerns on our projects, but we have to present and
prepare them in a way that we make sure we have vendors that want to
come to work for the county.
The reason I'm concerned that we only have one vendor is you're
very close to having no bidders, and we certainly don't want to get in a
circumstance like that.
So I hope we go back, and we determine what it was about the
process, if anything, that we can change to make it more attractive so
we do get more participation. I just think it's good all the way around.
CHAIRWOMAN HILLER: Thank you.
With that I'd like to make a motion to approve the contract and,
as well as the budget amendment, to make a finding that the project
does promote tourism and to state on the record that any change orders
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February 26, 2013
in excess of 50,000 will be brought back to the board for approval.
Any change -- any single change under 50,000 will be brought back
for after-the-fact ratification to the board.
COMMISSIONER FIALA: Second that motion.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. CASALANGUIDA: Thank you.
(Applause.)
MR. OCHS: Madam Chair, just a point of order. At the board's
discretion and at the chair's discretion, the gentleman who had
petitioned the board under Item 6C from Immokalee is here. He
arrived a few minutes late. And would the board like to hear his
petition before we go further?
CHAIRWOMAN HILLER: I will have to ask the board.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Sure, that's fine.
COMMISSIONER COYLE: Yep.
COMMISSIONER NANCE: Fine by me.
CHAIRWOMAN HILLER: It appears that there is consensus on
the board to hear the individual's petition.
MR. OCHS: Mr. Menendez —
Item #6C
PUBLIC PETITION REQUEST FROM PEDRO JESUS ROMERO-
MENENDEZ REGARDING MATTERS CONCERNING
IMMOKALEE — PRESENTED
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February 26, 2013
CHAIRWOMAN HILLER: Mr. Menendez?
MR. OCHS: -- please step forward to the podium and present
your petition, sir. If you could pull that microphone down so the
board could hear you.
Thank you very much.
CHAIRWOMAN HILLER: Mr. Menendez, may I ask a couple
of questions before you get started?
MR. MENENDEZ: Certainly.
CHAIRWOMAN HILLER: Thank you. First of all, do you need
anybody to assist you with any translation? No.
MR. MENENDEZ: No. I speak both languages.
CHAIRWOMAN HILLER: Perfect. That's wonderful.
MR. MENENDEZ: I understand very well.
CHAIRWOMAN HILLER: Great.
The second question I have, are you here representing any group?
Are you standing here representing yourself?
MR. MENENDEZ: No, I'm representing myself, even though
I'm with the -- a volunteer and a vote member of the Farm Work
Association, but I'm here just as a citizen of Immokalee.
CHAIRWOMAN HILLER: So you haven't been compensated
by the farmworkers or by anybody else to present today?
MR. MENENDEZ: No. This was all my own doing.
CHAIRWOMAN HILLER: That's wonderful. And I only ask
that to make sure that you're not here in the capacity of a lobbyist,
which would require registration, which we could help you with after,
just to make sure that you're following the requirements of the law.
So please go ahead and speak.
And if you could please start his time.
MR. MENENDEZ: Yeah. My name is Pedro Jesus
Romero-Menendez, and I've been in Immokalee for about seven years.
I came to visit Immokalee when I lived in Minnesota, and I fell in love
with the community, so I decided to move to the area.
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February 26, 2013
Immokalee, by the native name, my home, is a vibrant,
multi-cultural, very diverse community. It has a lot of potential. And I
also want to thank you people for giving me this second chance to
speak to you and the community.
But I'm very distressed the way that some members of this
commission have been treating Immokalee, especially the master plan,
and also worry what -- you know, Mrs. Penny Phillippi, she was given
a contract that had been changed, changed from year to year, to give
herself a chance to prove herself. I think she has proved herself the
way she's been taking care of the community, what she's been pushing
for the community.
She started the multi-cultural festival. That was really great.
And somehow, you know, we have to leave that behind. But it would
be nice to have it in the future.
The master plan, it was approved already in Tallahassee. You
have received an award for excellence. And when it came back for
review, some members voted against, and one member claimed
conflict of interest, but I think the real conflict of interest came after
the abstention of that vote that there was some political donations that
came, and I think that's really a conflict of interest.
Already -- Ms. Phillippi, you know, she managed to get new
sidewalks, new lighting, and, you know, the town, you know, feels
safer. There are areas where people can cross the street in downtown,
it will be safer for the pedestrian, also ways -- your areas for the bikes.
So there was a lot of improvement. I don't think that she need to
keep proving herself and -- you know, for Immokalee. She did a great
job, even though maybe she stepped on some toes there through some
of the housing. But some of those housings there in Immokalee, in
other towns they'd be condemned. You know, a lot of them are
infected with lice -- I mean, rats, mice, roaches, and they're not well
kept.
And -- but we still got them in Immokalee. I know we have a
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February 26, 2013
shortage of housing, and the workers, they need, you know, some
cheap housing, but the rent in Immokalee is not cheap. It's not -- it's
very expensive.
I have talked to a lot of people that work in Immokalee. They
got good jobs, but they live in other counties; they live in Lee or
Hendry because they say that the properties are too high in
Immokalee, and that is because only a small group of people control
most of the properties there in the Immokalee.
And I think it is a shame that some worker, they need to live 10,
12, 14 people in one of those trailers, you know, living like sardines,
and paying over $1,000 a month altogether for those trailers. You
know, that's a shame.
And I would like you people to reconsider about the master plan
for Immokalee. One of the complaints I used to hear here in this
chamber, when I've came, you know, for the master plan, is that
people were against the loop or the bypass in Immokalee, and that was
something that was planned for the future. But we're going to need
that bypass because -- you should go to Immokalee in the afternoon,
see the big line of cars on Main Street waiting for the light to change,
and it's going to get worse.
So eventually you are going to need that bypass for the trucks,
you know, and some of the other traffic to go down, that they don't
need to -- they're not going to be doing any business downtown.
So we would like to see the town move ahead and be more
opportunities for other people to open some businesses there. The
way it is now that -- like I mentioned, most of the property is
controlled by a small group of people.
We got a business location that used to be a Chinese restaurant
right on the corner of Main and 9th Street. That has been closed for
quite some time. I know of people that would like to open a business
there, but the rent is extremely high. The building, I understand, is not
very well kept, and people who rent, they will have to make the
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February 26, 2013
improvements, you know, and that's not fair because they're paying --
they'd be paying pretty high rent. So that's a business that's been
closed for several months that could be open there, because there are
people that are willing to open a restaurant there.
And I hope that, you know, we start treating Immokalee with
more respect just like the -- like a keep them a child (sic) of the
county.
We got -- there's a lot of poor people living in Immokalee, there
are some wealthy people, and there's a lot of workers there, but we're
all proud members of the community, and we're proud of Immokalee,
and we want Immokalee to move ahead.
Also, you know, the master plan, it was brought, one time, a
straw poll, and 67 percent of the people that voted in favor of the
straw poll, but here it was ignored because they said that not enough
people voted.
And how many people voted, you know, for the commissioner at
the same time in those elections? So I don't think the percentage of
people voting, it was any higher, but 67 percent of the voters voted in
favor of the master plan. But, again, it was ignored here.
I think that -- I know people running for office in public places,
they need, you know, financial help, you know, for the campaigns, but
we have to be careful when we take the money for the campaign that
we don't do it because then we have to pay back and do favors, you
know, for the people contributing.
And some people can give more, some people can give less,
some people cannot give anything, but the community, in full, we
need to go ahead. We need to move forward, we need to improve the
town, and that's why I'm here and asking you people to please
reconsider, you know, what you have done, because you are punishing
the whole community.
Thank you very much. Have a good day.
CHAIRWOMAN HILLER: Thank you.
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February 26, 2013
Item #1 l E
RECOMMENDATION TO APPROVE THE ATKINS NORTH
AMERICA PEER REVIEW OF THE COASTAL PLANNING AND
ENGINEERING VOLUME DESIGN FOR THE 2013/14 BEACH
RENOURISHMENT PROJECT AND APPROVE THE PROPOSED
PROJECT BID FORM AND BIDDING APPROACH — MOTION
TO BRING BACK WITH INCREMENTAL BIDS AND MODIFY
SCOPE OF THE PROJECT FOR GOOD VALUE — APPROVED
MR. OCHS: Madam Chair, that takes us to Item 11E on your
agenda.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: It's a recommendation to approve the Atkins North
America peer review of the coastal planning and engineering volume
design for 2013/14 beach renourishment project and approve the
proposed project bid form and bidding approach.
Mr. Gary McAlpin will present and be actually bifurcating these
two items as part of his presentation. Mr. McAlpin?
CHAIRWOMAN HILLER: Thank you.
MR. McALPIN: Thank you.
For the record, Gary McAlpin, coastal zone management.
Mike, if you could -- thank you.
What we wanted to do today was address three objectives, and
the first one being to discuss and approve the volume peer review.
We've recently had some concerns that if-- questions that have
come up in the last couple of days relative to the peer review. It
revolves around the 2006 design template and the 2006
post-construction monitoring report.
And what we are asking is not to approve this item, the design --
the peer review at this point in time. We need a couple of weeks to
get together and get this resolved. We believe it is a simple issue to
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February 26, 2013
get resolved; however, it's important that we do this, and we want to
make sure that we have addressed all the concerns, all the questions
and -- before this item comes back to you.
So we're not asking for the peer review to be approved at this
point in time. But the important thing for us is to move forward with
the bid approach in the format. Time is of the essence relative to the
bidding of this project; it is critical.
Our schedule is to move forward with this -- with the bid package
and get it out at the latest of Friday of next week. And that -- if there's
any changes that have come up in the interim relative to the review of
the peer review, then we have an opportunity at that point in time to
issue an amendment to the bid package, and we could do that in the
next couple of weeks and incorporate those changes into the package.
But we believe it's important that we get the package out.
It's also important to note that today we're not asking you to
approve any renourishment design quantities. What we're asking you
to do is to approve a bid form and a bid total. The BCC will -- you
will -- when we bring this -- the bids back to you for approval, we will
review them and discuss them with you. We'll make
recommendations. And at that point in time you will approve the
quantities that go on this project.
So we're not asking for the quantities to be approved at this point
in time. We're strictly asking for the bid documents and the bidding
approach to be approved.
So what we're looking to do, Commissioners, is we're suggesting
that we have an overall target volume of 375,000 cubic yards, we're
suggesting that the renourishment that we bid on be outside of turtle
nesting season, and that's between 11/1/13 and 5/1/14.
We're looking for pricing per segment to remain unchanged for a
volume placed between 250- and 500,000 cubic yards. That's a 33
percent spread to the bottom and also a 33 percent spread to the top.
This gives us plenty of flexibility to set the quantities based on what
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February 26, 2013
the board comes up and the direction we receive from the board.
We will look to do truck haul and the -- and we will get dredging
prices, so we'll get both of those activities, as the board has directed us
in the past, and we'll also receive a reduction -- we look to receive a
reduction for bidding, for activity on the shoulder seasons of turtle
nesting season, namely September 15th of 2013 and 6/1 of'14.
If you'll bear with me, we would like to use the simplified bid
format.
CHAIRWOMAN HILLER: Before you go on, Mr. McAlpin,
Mr. Casalanguida, could you please come to the podium.
MR. CASALANGUIDA: Yes, ma'am.
CHAIRWOMAN HILLER: The staffs recommendation as
presented is not possible.
MR. CASALANGUIDA: Okay.
CHAIRWOMAN HILLER: Number one, we don't have a target
volume; number two, the pricing by segment cannot have a spread as
large as 250- to 500-, so I'm left very concerned with what's presented,
and I really don't feel it's appropriate to continue if this is the starting
point of the next discussion that Mr. McAlpin was going to bring up.
So I'd like you to address what's being presented here.
MR. CASALANGUIDA: Well, as we discussed yesterday, I
think we talked a little bit about the approach being the 375- target
with some flexibility. We also discussed an alternative, which would
be the hundred thousand cubic yard variances as we could do it. In
other words, 200,000 to 300,000, 300,000 to 400,000, 400,000 to
500,000.
We could do that, and we've talked about it with Gary and Bill.
It's not our ideal approach, but we have some time. So I think we
could work with both if it was the board's pleasure to do the three, you
know, variances, three to four, four to five, two to three, or with that
target.
But I think as Gary pointed out -- and I met with staff this
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February 26, 2013
morning -- we're going to know what this peer-review target is in
about two weeks. We want to get the bid out, and this could be a
simple bid addendum to modify that target down.
CHAIRWOMAN HILLER: I would be very uncomfortable with
that.
MR. CASALANGUIDA: Okay.
CHAIRWOMAN HILLER: I'm going to make a motion that the
bid sheet that goes out has increments of a hundred thousand starting
at 200- to 300-, 300- to 400-, 400- to 500-, that it not provide the
target volume, because at this point in time, in light of the conflicting
numbers with respect to the peer review and what's being proposed, I
think it's imprudent to define a total volume.
And, secondly, we have to do an in-time survey as well as look at
our financial position before we make any commitments.
The suggestion by Mr. McAlpin to go back and modify as new
information comes forward and narrow the scope of our project does
make sense, but to narrow and then change is concerning.
MR. CASALANGUIDA: We can work with that because I think
we're going to come back in two weeks with a much clearer number.
CHAIRWOMAN HILLER: And this way you have the ability to
move forward without tying us down and make the appropriate
modifications once you have the real facts.
MR. CASALANGUIDA: And I've got consensus from Bill and
Gary that it's a workable approach. We just want to get the bid
documents for the plan sent out as quick as possible.
CHAIRWOMAN HILLER: Then I would like to make the
motion as presented.
Commissioner Henning?
COMMISSIONER HENNING: Don't you mean bid format of
250- to 350- to start out with? You said 200- to 300-.
CHAIRWOMAN HILLER: It might be as low as 200-.
COMMISSIONER HENNING: Really?
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February 26, 2013
CHAIRWOMAN HILLER: Yep. Actually, it could even
possibly be under that.
COMMISSIONER HENNING: Really?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: I'll second that motion.
MR. McALPIN: Madam Chair, if we could, the third piece of
this was to look at opportunities, bid opportunities, and what the staff
and the industry believe is that there could be significant cost savings
if we work with other communities and we look to share the fixed
costs, namely the dredge mobilization costs, and get some economies
of scale of a larger project.
Both Captiva erosion control district and the City of Long Boat
Key have complementary schedules to us, and they also are utilizing
the same type of dredging equipment, and both of those municipalities
have expressed an interest in working with Collier to develop a
combination project, and that combination project would not
compromise -- could not compromise our schedule and not
compromise a direct control by this board of our contracting approach
or our contract itself.
So we would like the opportunity to work with the other
municipalities as we put our bid package out, and we're looking for the
board's authorization to move forward in this direction, too.
CHAIRWOMAN HILLER: Mr. Nance, or Commissioner
Nance, forgive me, may I comment before you do on this?
COMMISSIONER NANCE: Sure.
CHAIRWOMAN HILLER: If that would be acceptable to you.
This is a question that I have addressed. I'd like to make two
comments. The first is the state denied giving us points in combining
with these municipalities. The state made it clear that they saw no
economies or -- of scale that could be achieved by pairing up with
Long Boat Key, which they considered to be too far to promote any
efficiencies. So I think we have to be very careful when we consider
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February 26, 2013
pairing with that jurisdiction.
The second issue is the order in which the work might be done,
and there is tremendous risk if we do pair up with another
municipality and if we, for example, acquiesce and let them get their
work done first and then weather interrupts and then we don't get our
work done as a consequence, there could be significant risk to Collier
County's own renourishment project.
So while it's worthy to explore, and it would be interesting to see
what affect it would have on price, I think this has to be very carefully
considered by the board before it were to be approved, and we should
not exclude bringing back bids that allow us to have the work done
exclusively for us without compromising our schedule.
Commissioner Nance?
MR. McALPIN: And that's what we would do, Madam Chair.
We would bring back -- if we were to go this way, we would work
with the board, we would bring back bids which would allow us to
work independently by ourselves and then possibly in combination --
in combination with these other municipalities.
We're not suggesting that we contract this way. We're suggesting
that we develop an option which we could bring back to the board,
and then the board could decide at some point in time in the future if
they elect to go that way.
CHAIRWOMAN HILLER: I think that's a very good approach.
The only other concern I would have is that it's my understanding that
Coastal Planning and Engineering is also the engineer for, I believe,
Long Boat Key, and to that extent I want to make sure that there's no
conflict of interest because, obviously, you know, one man can't serve
two masters.
MR. McALPIN: We would actually make sure there would be
no conflict of interest.
Relative to your comment earlier about why we did not receive
points, we did not receive points from the state because we did not
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February 26, 2013
have an executed interlocal agreement. The state wholeheartedly
would like to see us develop an approach like this, and they are
supportive of that, so we're --
CHAIRWOMAN HILLER: No, I appreciate that. I actually
spoke to the state, and they made it clear that the issue was that that
jurisdiction was too far removed to actually promote physical
efficiencies. But thank you for your comments.
We have a motion on the table and a second.
Any further discussion?
Do we have any speakers?
COMMISSIONER NANCE: Yes. I --
CHAIRWOMAN HILLER: No speakers, okay.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I wholeheartedly support
getting incremental bids, and the reason I say that -- and I also support
looking for synergies, because I think we're going to have an
increasing amount of work that's going to need to be done and a
decreasing supply of money. So I'm very anxious to make certain that
we carefully evaluate the amount of beach renourishment that we
conduct so that we don't have our mobilization fees and our other
expenses that are directly related to our projects become an
overwhelming driver of our total cost.
I'm more concerned that we get good value per cubic yard that
we're pumping rather than we pump a little bit more sand than
possibly we need at the time. We need to find the sweet spot so that
we're getting the best value because we're going to be stressed, clearly,
in our funding.
CHAIRWOMAN HILLER: Thank you.
There being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
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February 26, 2013
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I'm all right.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. McALPIN: Thank you, Madam Chair.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: I recommend that we take a
break before our time-certain.
CHAIRWOMAN HILLER: I agree. Thank you very much.
That's actually an excellent recommendation.
When we come back at 10:30, we have a time-certain, which is to
address the Second Amendment resolution being proposed by the
board. So we'll be back at 10:30.
(A brief recess was had.)
Item #10E — Discussed; continued to later in the meeting
RESOLUTION 2013-56: A RESOLUTION IN SUPPORT OF THE
SECOND AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES — ADOPTED
MR. OCHS: Madam Chair, you have a live mic. We have a
10:30 a.m. time-certain hearing. It's Item 10E on your agenda this
morning. It's a recommendation to adopt a resolution in support of the
Second Amendment to the Constitution of the United States. And this
item was placed on the agenda by Commissioner Henning.
CHAIRWOMAN HILLER: Commissioner Henning, would you
like to begin by discussing what you've presented, or would you like
us to go to the public speakers?
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February 26, 2013
COMMISSIONER HENNING: Well, let me just first say, it
wasn't like I was sitting at the brook eating strawberries and drinking
Champagne when working with the county attorney to amend this
proposed resolution. And there is some backup. There's substantial
backup on the Internet from reliable sources of concerns of what
Washington, D.C., is doing to our Second Amendment.
With that said, I'll stand to listen to the public speakers.
CHAIRWOMAN HILLER: Thank you. What I have done is I
have coordinated with all of the public speakers both for and against
the resolution. And what we're going to do is we're going to begin
with the five public speakers who are here today to speak against the
resolution.
We're going to begin with James McDonald. Mr. McDonald,
would you please come to the podium. The next speaker will be Tina
Palmese; if you would come to the podium and be prepared to speak.
Please come up to the podium.
The speaker after Tina will be Susan Calkins. Susan, would you
please come up to the podium and stand behind Mr. McDonald.
Chris Straton will be the fourth speaker, and then Sandy Parker
will be the final speaker against the proposed resolution.
Mr. McDonald, you have three minutes.
MR. McDONALD: Madam Chair, Commissioners, thank you
for this opportunity.
Over the weekend, I emailed each of you a letter. As I stated in
that letter to you, you will be considering a resolution to officially
oppose any action taken by the President and Congress to put some
sanity into our gun laws. I would not support the Second Amendment
resolution under any circumstances.
Lawmakers are not proposing actions which infringe upon the
Second Amendment rights. The actions being discussed by the
president, the vice president's task force and some members of
Congress are dealing with the extremes of the current gun laws and
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February 26, 2013
not an outright ban on guns.
In a survey of NRA members, the majority are in favor of stricter
gun laws and, in general, all U.S. citizens are in favor of stricter
regulations.
Finally, consider that this is a federal law and not a responsibility
of local rule. You have enough to do. Your agenda's quite full.
If Congress passes new gun regulations, any action that you take
will have no bearing on the effect of those laws in Collier County.
The NRA would have you believe that the majority of U.S.
citizens are gun owners. The truth is it's around 40 percent. I've
included in my email to you links to verifiable data on survey results
to support these statements. The NRA has countered these facts with
a mythical log, but they cannot support their arguments.
Please consider the impact of this Second Amendment resolution
and what it will do to our community. Your support may send a
message that Collier County is not a healthy and safe environment in
which to live and raise a family.
We're in a government center that is made safe and secure by
Collier County Sheriffs Office. Through our current gun laws, it is
legal for anyone to own guns and ammunition that can pierce the
protective armor and clothing that these brave officers and individuals
wear. Do we want to give a message to them that we aren't really that
concerned about their safety?
Miami has the highest number of AK-47 sales in the nation.
These are weapons designed for one purpose, to kill humans, as many
as possible in the shortest amount of time.
Thank you for listening, and I appreciate your rational
considerations.
CHAIRWOMAN HILLER: Thank you. The next speaker is
Tina Palmese.
MS. PALMESE: Hi. Good morning. I'm here today as a parent
of a child in the Collier County school system. As parents, our job --
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February 26, 2013
CHAIRWOMAN HILLER: Tina, would you speak into the mic?
Thank you.
MS. PALMESE: Sorry. As parents, our job is to keep children
-- our children safe, but I am haunted by the words of Ben Wheeler's
father, a child killed at the New Town massacre. He asks, what
wouldn't we do as parents to keep our children safe, safe at school, in
the park, in shopping centers, in the neighborhoods where they play?
But we haven't, have we?
Our most vulnerable are gunned down daily, lives shut down
before they have even taken off. Who can fathom the loss to our
society of the potential that was never even realized? But we finally
have come to the realization that we can make a difference to help
stop the most brutal gun violence with common-sense measures that
can be universally applied.
Then we have this resolution that seems to me to basically
undermine this effort, when most of us want to protect against the gun
violence.
As a nation, we do have checks and balances in place. We have a
judicial system to interpret our amendments and to protect them, but
we must support our government in the endeavor for a safer nation.
Parents, grandparents, we must be wowed (sic) by our ability to look
into the mirror and answer that question, have we done everything we
can to make our children safer?
We implore you to vote no for this resolution. Thank you.
CHAIRWOMAN HILLER: Thank you.
The next speaker is Susan Calkins.
MS. CALKINS: Good morning. You've seen me before here on
environmental issues. But on this issue, which also has to do with
protection, I think, for all of us, I have strong feelings, and so I came
this morning.
You know, the Naples Daily News I don't always agree with, but
they said don't go there regarding this amendment, and I think they're
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February 26, 2013
absolutely right. We are not the only place in the nation where these
kinds of resolutions are being brought forth.
Friends from Michigan were just visiting; same thing is
happening there. It pulls us into a national debate. It encourages a
divisiveness within this community that we don't need, and I don't
think it sends the kind of message that we want to send.
I have for a long time been interested in issues around tourism
and have looked at that and watched it, and I think that there is a
whole question about, you know, when businesses, when tourists,
when conventions look at a town, they take into consideration things
like this. I know. I've been associated with associations who have
chosen not to go places because of the positions the public officials
have taken.
So I think that the resolution as it reads, with all its where-as's,
puts us in a place we do not want to be. I believe that businesses will
think twice, the ones we want to encourage to locate here. I think that
international tourists who are already appalled at, you know, the gun
use in this country will certainly not feel any safer coming here and
may think twice.
And I also believe that, as I said, national and international
organizations considering conventions, especially medical -- we're
talking about medical tourism, we're talking about bringing more
medical conventions here. I have a hard time seeing doctors who run
an organization and make selections about sites thinking that a kind of
town and county which takes this kind of position is where they want
to be.
So I come from -- as I said before to some of you, I come from a
long line of patriots who've worked politically and in the military, and
I believe that they would all support the Second Amendment, but they
would support all the amendments, and I hope today that if you think
about affirming this Second Amendment, that you affirm all the
amendments, that this has no right for special consideration, and it has
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February 26, 2013
a kind of secessionist tone among other things that I don't think we
want to foster.
Thank you.
CHAIRWOMAN HILLER: Thank you.
The next speaker is Chris Straton.
COMMISSIONER NANCE: Madam Chair, excuse me one
moment. Would it be appropriate, Mr. County Attorney, to place the
resolution on the overhead so that people can see what the language is
that we're actually considering here? I think it might be informative to
all, particularly the final paragraph which says what we resolve and
what we are -- what we are discussing.
CHAIRWOMAN HILLER: It's a very good suggestion,
Commissioner Nance. Thank you for bringing that forward.
MS. STRATON: Ready?
CHAIRWOMAN HILLER: Yes.
MS. STRATON: Okay.
CHAIRWOMAN HILLER: Could you please start the timer.
Thank you.
MS. STRATON: Thank you. My name is Chris Straton. I've
lived here in Collier County for a long time, and this is a very difficult
time for me.
A little known fact about me is that I was a damn good shot with
a .22, but the Glock had too much a kick for me. I also used to carry a
.22 in my car. My late husband had 14 handguns, and I bought him a
reloading set for Christmas.
We used to go to the gun range here in Naples until they closed
it; however, after I suffered extreme depression after my mother's
death, I asked him to remove the guns from the house since I was
afraid of committing suicide.
Fortunately, I realized the danger of mental illness and readily
available guns.
Now, I bring this up because I wanted you to know that -- so you
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February 26, 2013
won't take my remarks as coming from an anti-gun person. Yes, I was
a gun toting mama, and I'm proud to be an American who enjoys all
the rights bestowed upon us via the Bill of Rights. I also strongly
believe in our form of government, even though I wish Washington
would go back to being public servants and not politicians.
I believe in freedom of speech, and I would like to see the speech
-- see that speech is engaged in a true dialogue on guns; however, I do
not see that the resolution which includes language suggesting that the
president, vice president, and certain members of Congress are having
the effect of infringing on the Second Amendment is an appropriate
way to address the issue, nor is it an issue appropriate for this level of
government.
The U.S. Supreme Court has already determined that the right to
bear arms is not an unlimited right, and it will be them to determine if
there is infringement, not the Citizens Alliance, not this Board of
County Commissioners, nor me.
So I ask you to vote no. Thank you.
CHAIRWOMAN HILLER: Thank you.
The next speaker is Sandy Parker.
MS. PARKER: Good morning, Commissioners. Thank you very
much for hearing us.
I did not come down here this morning because I don't support
the Second Amendment; I do. But I also think we need to take action
to better protect our children and our communities from tragic mass
shootings likes the one in New Town, Connecticut.
I did not come down here this morning because I think your time
could be better spent on other matters, although I do. How much time
did you spend over the past several weeks on this issue? How much
time did the county attorney spend? And staff? What other county
business suffered as a result?
And I did not come down here this morning to say I fear that
you're starting down a slippery slope, although I do. What will you do
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February 26, 2013
when another group petitions you to pass a resolution condemning
abortion or in support of the XL pipeline? How will you decide
whether or not to proceed?
No, I came down here this morning to ask you to vote against this
resolution because it accomplishes nothing other than divide our
community.
The issue of gun-violence prevention is a complex, difficult, and
highly emotional one. Your simply agreeing to consider this
resolution has already divided us raising passions on both sides here in
our community, and to what end? If you pass this resolution, you will
have satisfied the group of people who asked you to do so, but you
will also have alienated many of your constituents, like me, who
disagree with the premises and implications of this resolution. To
what end?
Please vote no on this resolution, bring us together to solve
problems under your control. Don't needlessly drive us apart with
matters that aren't. Thank you.
CHAIRWOMAN HILLER: Thank you very much.
Before we continue with the next group of speakers,
Commissioner Coyle would like to comment.
COMMISSIONER COYLE: No. I'll wait till they're complete.
CHAIRWOMAN HILLER: You'll wait. Okay. Thank you.
We'll now proceed to the speakers who do support the resolution.
I'm going to call out names, and I'd like to have those speakers whose
name I call, which will be six, to stand at this podium. The first will
be Keith Flaugh. The next is Jared. The next is Mr. Rios. The next is
Frank, Joe Whitehead, and Jerry Rutherford.
Mr. Flaugh will receive six minutes of time. Time has been ceded
to him by another constituent. Please state on the record who has
ceded you time. Jared also will be speaking six minutes. Another
constituent has ceded him time. Jared, please state who has ceded you
time. The other four speakers will be speaking three minutes each.
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February 26, 2013
As to the rest of you in the audience, is there anybody here who
absolutely wants to speak for three minutes? Okay. So I have four
more speakers. What we are doing is we want every speaker to, if
they can, say something different; in other words -- and that is what I
told the people in opposition, and as you can see, they did.
And, you know, of course, we want you to say whatever you
want but, you know, repeating the same thing over and over doesn't
serve as the board in terms of helping us to formulate our conclusions.
So who are the additional speakers? Could you raise your hand,
and I'll call you each in turn. Could you please state your name.
MR. HANSON: I'm Keith Hanson.
CHAIRWOMAN HILLER: I need you in the -- okay. What is
it?
MR. HANSON: Keith Hanson.
CHAIRWOMAN HILLER: Okay. Keith, could you please step
behind --
COMMISSIONER COYLE: Does he have a speaker slip?
CHAIRWOMAN HILLER: Yes. You've all registered, right?
Yeah. All of them have registered.
MR. WRIGHT: Yes, I gave mine.
CHAIRWOMAN HILLER: And don't speak outside of the mic.
What is your name?
MR. WRIGHT: Tom Wright.
CHAIRWOMAN HILLER: Behind Keith, please.
And your name?
MR. EDDELMAN: Jerry Eddleman.
CHAIRWOMAN HILLER: Jerry.
MR. EDDELMAN: I also had ceded another three minutes.
CHAIRWOMAN HILLER: You got three -- so you have six
minutes, okay.
MR. EDDELMAN: Yes.
CHAIRWOMAN HILLER: Sir, could you please come to the
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February 26, 2013
podium and tell me what your name is.
MR. MERRETTE: Steve Merrette.
CHAIRWOMAN HILLER: Steve, please step behind Jerry.
And I'm going to let everybody else who supports this resolution
come to the podium, state your name and state you support it. So you
will be the record. I'm not going to deny anyone the right to speak.
But just -- it's a question of how many people want to, you know,
make long speeches.
MS. ANDERS: Linda Anders.
CHAIRWOMAN HILLER: Linda, thank you so much. Linda, if
you would step behind Steve.
All right. So the order of those speakers who are actually going
to comment for either three or six minutes is as follows: Keith Flaugh,
six minutes; Jared, six minutes; Victor Rios, three minutes; Frank,
three minutes; Joe Whitehead, three minutes; Jerry, three minutes;
Keith, three minutes; Tom, three minutes; Jerry, six; Steve, three; and
Linda, three.
Everybody else who's in support, please line -- oh, you want to
speak three minutes, too. Oh, wow, great. And your name is?
MS. KAUFMANN: Barbara Kaufmann.
CHAIRWOMAN HILLER: Barbara, step behind Linda. You
know, I like the fact the girls are at the end. That says something, you
know. We put the icing on the cake.
All right. Everybody else who supports and would like to state
on the record that they support the resolution, line up at this podium.
And I'm going to spare all of you the torture of standing in line
listening to these people, because we're going to start with you.
So let's begin. And all I would like you to do is state on the
record your name and that you support the resolution.
MR. TOWNSEND: I'm Mike Townsend, and I definitely
support this resolution.
CHAIRWOMAN HILLER: Could you speak into -- lift the mic
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February 26, 2013
up and say that again.
MR. TOWNSEND: I'm Mike Townsend, and I definitely
support this resolution.
CHAIRWOMAN HILLER: Thank you. Please take a seat.
And when you're done stating your position, have a seat back in
the audience.
MR. MARSHALL: I'm Chuck Marshall, and I support this
amendment.
MR. FARLEY: My name is Bill Farley, and I support this
amendment.
CHAIRWOMAN HILLER: Okay. Hold the mic up, guys. You
know, you've got to be rock stars here. Hold it up and be loud and
clear.
MR. HARPER: My name's Greg Harper, and I support the
resolution.
CHAIRWOMAN HILLER: Thank you.
MR. SMALL: Kevin Small, and I support the resolution.
MR. EDEL: David Edel, and I support the resolution.
MR. R. MILLER: Robert Miller, and I support the resolution.
MS. PRIOR: Kimberly Prior (phonetic), and I support the
resolution.
MS. RIMES: Stephanie Rimes, and I support it.
MR. RELMNER: Knoll Relmner (phonetic), and I support it.
MS. JANDEL: Joan Jandel (phonetic), and I support the
resolution.
CHAIRWOMAN HILLER: Thank you.
MS. LAWRENCE: Robin Lawrence. I support the resolution.
MR. ZERNECK: Mike Zerneck (phonetic), and I support the
resolution.
MR. CONNICK: My name's initial J. Eric Connick (phonetic),
and I definitely support this resolution.
CHAIRWOMAN HILLER: Thank you.
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February 26, 2013
MR. COHEN: Howard Cohen, and I support this resolution
wholeheartedly.
CHAIRWOMAN HILLER: Thank you.
MR. WILLOUGHBY: Barry Willoughby. I support this
resolution.
CHAIRWOMAN HILLER: Thank you.
MR. GAIGAL: Joseph C. Gaigal, and I support this resolution.
CHAIRWOMAN HILLER: Thank you.
MR. TAYLOR: Ron Taylor, Vietnam veteran and voter, and I
support this resolution.
CHAIRWOMAN HILLER: Thank you for both, or actually
three.
MR. MARSHON: Alfred Marshon (phonetic), and I
resoundingly support this resolution.
CHAIRWOMAN HILLER: Thank you.
MS. WOODLIFF: Kathleen Woodliff, and I support this
resolution.
CHAIRWOMAN HILLER: Thank you.
MR. WOODLIFF: Davie Woodliff, and I strongly support this
resolution.
CHAIRWOMAN HILLER: Thank you.
MS. DONAHUE: Kathleen Donahue, and I strongly support this
resolution.
CHAIRWOMAN HILLER: Thank you.
MS. VACORINO: Jo Vacorino (phonetic); I support this
resolution.
CHAIRWOMAN HILLER: Thank you.
MR. GRAHAM: Gale Graham, and I support this resolution.
MS. PEREMBA: Terri Peremba (phonetic), and I support this
resolution.
MS. GRAY: Joanne Gray, and I support this resolution.
CHAIRWOMAN HILLER: Thank you.
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February 26, 2013
MR. SENONES: My name is Thomas Senones. I'm also a
Vietnam vet, and I support this resolution.
CHAIRWOMAN HILLER: Thank you. And thank you for your
service.
MS. PARDUE: Lorita Pardue. I support this resolution.
CHAIRWOMAN HILLER: Thank you.
MR. PARDUE: I'm Terry Pardue, and I support this resolution.
CHAIRWOMAN HILLER: Thank you.
MR. SCHNORBACH: Hi. My name is Matt Schnorbach, and I
also wanted to quickly say that I overheard at a prior hearing earlier
that this board has full considerations of the citizens, and I just wanted
to state that the citizens are the Constitution. Thank you.
CHAIRWOMAN HILLER: Thank you.
MS. LING: Doris Ling; I support the resolution.
CHAIRWOMAN HILLER: Thank you.
MR. TRAPANI: Bill Trapani (phonetic), veteran; I support this
resolution.
CHAIRWOMAN HILLER: Thank you, and thank you for your
service.
MR. STREET: Jeff Street, dryfiregun.com. I support this
resolution.
CHAIRWOMAN HILLER: Thank you.
MS. DOYLE: Good morning. Sandy Doyle, and I firmly
support this resolution.
CHAIRWOMAN HILLER: Thank you, Sandy.
MS. DOYLE: Thank you.
MS. KOCSES: Michelle Kocses; I support this resolution.
CHAIRWOMAN HILLER: Thank you.
MR. MARTINEZ: Alvaro Martinez. I'm a parent, I strongly
support this resolution, and nothing unites more than freedom itself.
CHAIRWOMAN HILLER: Thank you.
MR. BRUNER: Rick Bruner, and I firmly support this
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February 26, 2013
resolution.
CHAIRWOMAN HILLER: Thank you.
MS. MARTINEZ: My name's Elsa Martinez, and I strongly
support this resolution.
CHAIRWOMAN HILLER: Thank you.
MS. TAYLOR: Dee Taylor, and I support this resolution.
CHAIRWOMAN HILLER: Thank you.
MR. D.C. TAYLOR: D.C. Taylor, retired federal agent, and I
support this resolution.
CHAIRWOMAN HILLER: Thank you, and thank you for your
service.
MR. SCOFIELD: Rocky Scofield, and I'd like to be added on
the end over here to speak for a few minutes.
CHAIRWOMAN HILLER: Rocky, how could you? Go ahead.
Give him one minute. Just kidding.
MR. SCOFIELD: That's all I need.
MR. BALDUKE: David Balduke (phonetic), and I support this
resolution.
CHAIRWOMAN HILLER: Thank you.
MS. GLEASON: Marne Gleason, and I support the resolution;
mother of two.
CHAIRWOMAN HILLER: Thank you, thank you.
MR. RICHTER: Peter Richter, and I completely support the
resolution.
CHAIRWOMAN HILLER: Thank you very much.
Is there anybody else that would like to step to the podium to
state their support?
(No response.)
CHAIRWOMAN HILLER: With that, we'll go ahead and begin
with our first speaker, Keith Flaugh. You have six minutes. Could
you also state who has ceded you time?
MR. FLAUGH: Madam Chairwoman, my name is Keith Flaugh,
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February 26, 2013
citizen of Marco Island. Actually, Doris Ling and Kathy Donahue
have both ceded their time to me.
Good morning, Commissioners. I'd like to thank you for
considering this revised resolution introduced by Tom -- by Mr.
Henning, Commissioner Henning.
As a resident of Collier County, I will speak to the resolution and
why we think it's county business, and I also will address the moral
aspect, the moral argument as to why this is -- relates to all of us.
Passing this resolution should be very simple. This is not about
gun control. I say this again. This is not about gun control. This is a
simple and straightforward action to urge you to pass a resolution, we
hope unanimously, to send a resounding message to our governor and
our legislature -- that's the wording of the resolution -- to encourage
them to pass law to stand up against federal overreach.
The Second Amendment and the U.S. Constitution, as written, is
absolutely critical, and we ask you to protect the rights of all citizens
in this county, frankly, whether they want you to or not.
The right of self-defense against crime and tyranny is an
unalienable God-given right or, if you prefer, a natural right. We're
born with it.
Violent crime does exist in our community, drug abuse does
occur, and mental illness, as evidenced by the recent tragedies, can
occur anyplace, anytime.
Evil does exist, and unless and until we have a society that
addresses the current root causes of this, it is critical that you as an
individual may have only seconds to protect the life of yourself and
your family.
More prevalent -- or more important we think, or at least equally
prevalent today -- is the federal overreach on a very wide range of
items. I'm not going to go through those again. We talked about those
the last time. But there's many examples recently of the federal
government passing bad law that's been yet untested in the courts.
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February 26, 2013
These include NDAA, Patriot Act, et cetera, et cetera -- I could list off
a bunch of them -- and it even includes a recent one going through
Congress and our state on drones that affect our Fourth Amendment
rights. And in fact, our sheriff has acknowledged that he's received
calls from drone companies to purchase drones with federal grants.
As elective representatives, we ask you to stop and think, when is
enough enough? You're our first line of defense, and we ask you to
stand up and help us defend and protect our God-given rights.
Now I'd like to make the moral argument. Each one of us in this
room, if we ask you, do you have rights, we'd surely say,
resoundingly, of course I have rights.
When we ask you the next question, where do your rights come
from? The ignorant and the ill-informed will say that they come from
government, or some will even say they come from our Constitution.
Well, the students of economic freedom and individual liberty
will say that they come from our creator or from our natural humanity.
Our Constitution was created to protect our rights, not grant them, and
we ask you to honor that.
One last point I would like to make, and we sincerely thank
Commissioner Henning for his leadership in pulling this together, but
it does -- I feel compelled to at least point out that this does stop short
of the Marco Island resolution that was passed. They actually passed
it 4-3 urging the state legislature to nullify federal overreach, so a little
bit stronger wording.
The -- there's also the Florida House Memorial, which is
currently in process in the Florida House and Senate; does have a little
bit stronger wording, and it does -- it's not been passed yet, so it could
change, but it does have stronger wording on the 10th Amendment.
So please pass this resolution as it's revised with Tom Henning's
leadership but with the knowledge that you may need to revisit this
subject down the road if continued overreach in the federal
government continues to happen.
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February 26, 2013
I'd like to just close by saying and asking every person in this
room to simply ask and answer a question for themselves. What is the
role of government in the lives of free people?
Thank you.
(Applause.)
CHAIRWOMAN HILLER: Please state your name for the
record and who has ceded time for you, Jared.
MR. GRAFINI: Yeah. My name is Jared Grafini, and I had an
additional three minutes allotted from Peter Richter.
CHAIRWOMAN HILLER: As such, Jared will receive six
minutes.
MR. GRAFINI: Before I get started, I have a memo here that I'm
going to reference, and I can give a copy to each of the
commissioners, if you'd like.
CHAIRWOMAN HILLER: Yes. And please give a copy to the
court reporter so it can be entered into the record. Thank you.
MR. GRAFINI: First and foremost, I'd like to thank the Collier
County Commissioners, and specifically Chairwoman Hiller, for
having this item on the agenda and giving everyone an opportunity to
speak on its behalf.
I'd also like to thank Commissioner Henning for the effort he put
in to help draft and fine-tune some of the language of this particular
resolution.
As Mr. Flaugh mentioned, last week the city council of Marco
Island passed a similar resolution to what's in front of you today.
Within that resolution, there was a requirement that the city council
call upon this board, the Florida Legislature, and also the Florida
governor to immediately pass an act to interpose on any federal law,
executive order, or resolution or regulation that would restrict the
individual rights of everyone in this country to keep and bear arms and
the implementation thereof within the State of Florida.
By passing this resolution here today, the Board of County
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February 26, 2013
Commissioners would declare its support, its continued support for the
Second Amendment of the U.S. Constitution, but most importantly it
would affirm that the BCC would not assist, support, or condone any
unconstitutional infringement upon the rights codified within the
Second Amendment.
It would also require the county to reach out and to call upon the
Florida Legislature and governor to resist or overturn any federal law
or gun control -- any federal gun control measure that violates these
same rights. We're talking about the protection of established rights,
constitutional rights. We're not talking about scare tactics, we're not
talking about owning nuclear weapons, we're not talking about
grenade launchers. We're talking about established constitutional
rights.
Now, the memo that was just handed out was a Department of
Justice memo, came out January 4, 2013, Greg Ridgeway, deputy
director of the National Institute of Justice.
Now, within this particular memo, it talks about all the gun
control measures that we're hearing about quite often; buybacks,
magazine capacity restrictions, background checks, assault weapons
ban, and even smart guns.
And the Department of Justice memo contains information on
each of those particular measures and how ineffective they are in
stemming gun violence. Gun buybacks, quote, are ineffective as
generally implemented; magazine capacity restrictions, ineffective;
and if there's an exemption for previously-owned magazines, it would,
quote, eliminate any impact.
Background checks, ineffective without registration. It improves
law enforcement's ability to retrieve guns from owners with
registration.
Assault weapons ban. Quote, a complete elimination of assault
weapons would not have a large impact on gun homicides. Since
assault weapons are not a major contributor to U.S. gun homicide and
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February 26, 2013
the existing stock of guns is large, an assault weapon ban is unlikely to
have an impact on gun violence.
Smart guns. There would remain an elicit market for those guns
without smart technology or guns where the technology has been
nullified or neutralized.
Now, what it mentions in this memo is that all of these measures
are ineffective unless coupled with gun -- massive gun buybacks and
no exemptions, and national registration.
So the issues that many of us feel are a problem with a massive
federal overreach on the Second Amendment are addressed in this
memo. It's not scare tactic. It's not conspiratorial. It's real. It's
something that's out there.
Now, as a non-charter county in the State of Florida, our county
government derives its power and authority directly from the Florida
Constitution and Florida Statutes, particularly Florida Statute 125.01 .
Now, that statute is a non-exhaustive list of powers and duties;
however, in Subsection W, the statute states, quote, the power -- well,
the powers of a non-charter county are to, quote, perform any other
acts not inconsistent with law, which acts are in the common interest
of the people of the county, and exercise all powers and privileges not
specifically prohibited by law.
So let us not forget that it was recently held by the Supreme
Court in District of Columbia v. Heller as well as McDonald versus
the City of Chicago, the Second Amendment of the Constitution
applies to an individual right to keep and bear arms.
Now, the Florida Constitution, under Article I, Section 8, also
provides for an individual right of the people to keep and bear arms.
So as our elected representatives of the people of Collier County,
it is the responsibility of this board not only to protect and defend the
Constitution of the United States upon which you have all sworn an
oath, but also to perform any action that is in the common interest of
the people of Collier County and to exercise all powers and privileges
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February 26, 2013
necessary to do so.
It is in all of our common interests that our individual rights and
liberties are protected, even the naysayers, whether it's the right of
freedom of speech or the right to due process prior to being deprived
of life, liberty, or property, or the right to be protected from
unreasonable searches and seizures and, of course, the right to keep
and bear arms.
As was mentioned earlier, yes, the entire Bill of Rights and
beyond the Bill of Rights are important and need to be protected, so
we need to be aware of that. But on this particular issue, we're
looking at the Second Amendment here.
Today we call upon you, the Board of County Commissioners of
Collier County, Florida, to stand shoulder to shoulder with our
founding fathers, with Thomas Jefferson, who wrote -- who penned
our Declaration of Independence from England, and with all the
signers on the U.S. Constitution, as well as James Madison, who
penned the Second Amendment.
Most importantly, as the elected body most accessible by the
people, be that crucial last line of defense against unconstitutional
federal overreach by standing for liberty and protecting the individual
rights of every man, woman, and child in Collier County by voting in
the affirmative on this resolution today.
Thank you.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CHAIRWOMAN HILLER: The next speaker is Victor Rios.
Three minutes.
MR. RIOS: Good morning. Thank you very much for giving me
the opportunity. My name is Victor Rios, 970 Cay Marco Drive,
Marco Island, Florida.
And I'm not going to repeat what has been said, but the founding
fathers didn't write the Second Amendment to allow people to go
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February 26, 2013
hunting. They were concerned that over centuries government tyrants
have killed their own people.
And if you -- recent history, 1936, Hitler, okay, wrote a law to
make the people safer, and they confiscated all the guns. First there
was registration, then confiscation, and 30 million people were killed;
6 million Jews and 7 million other, okay. Mao Tse-Tung, okay, killed
over 40 million Chinese, okay; Stalin, over 20 million.
Then there's me, little old me. I was born in Cuba, okay. When I
was 14 years old, I support Castro. I thought he was the savior, okay,
and I fought for him. I got beaten by the police.
Then he took over in 1959. I was a student, engineering student
in Havana University. And what happened? What is the first thing
Castro do? He took the weapons away, okay. That's the first thing
tyrants do.
Second, I was arrested just for complaining about losing my
liberty, my freedom. I was tortured, and it wasn't waterboarding.
Waterboarding is not torture. I won't repeat here what was done.
During the torture session, Che Guevara, that guy that you see
the picture on all the colleges or the students, okay, he came at one of
our sessions. And one of the persons challenged him, he said, when
did you attack my freedom? Take the pistol away and be with me to
defend my freedom. Che Guevara took the .45, pointed to the guy's
head, and blew his brains out. And you know who cleaned up the
mess? Me. I never forget that. I didn't talk about it for years. Okay.
And I see now -- you know, I came to this country in 1961, and
I'm here, 52 years later almost going back to where I began. I began
in jail, torture, okay, offended, berated, okay, lost my freedom. I saw
people executed, okay.
And the founding fathers in this country had the foresight to set
out a procedure. If we want to eliminate an amendment, two-thirds of
Congress must vote for it, and then three-quarters of the state; not by
fear of the president, not by fear of our legislature.
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Now, I heard people here say about killing and protecting. You
know, more people died in 2011 -- this is FBI statistics -- by hammers
than by so-called assault weapons.
So I implore of you to approve the resolution and let our
legislators know that you are for the people of this county and for the
people of the United States.
Thank you very much.
(Applause.)
CHAIRWOMAN HILLER: Mr. -- one second. Mr. Rios, can
you come back for a minute?
MR. RIOS: Yes.
CHAIRWOMAN HILLER: I completely get it. My parents,
Nazis, communists, exactly the same. The torture, guns, the control,
the abuse. You are 100 percent right, and I have heard the same from
my parents and my grandparents. So thank you.
MR. RIOS: Thank you very much.
(Applause.)
CHAIRWOMAN HILLER: Frank? Three minutes for Frank.
MR. RAMPINO: Thank you, Board of Commissioners. A
well-regulated militia being necessary to the security of a free state --
CHAIRWOMAN HILLER: Sir, could you -- Frank, state your
name, your full name, for the record.
MR. RAMPINO: Frank Rampino. I live at 14278 Manchester
Drive, Naples, Florida. I'm a resident here, I'm a Vietnam veteran,
and I am very happy to be here today.
A well-regulated militia being necessary to the security of a free
state, the right of the people to keep and bear arms shall not be
infringed, period. That's what the Second Amendment states.
If that amendment must be changed, then it has to be done by
two-thirds of Congress and three-quarters of the state.
Now, my wife is a retired secret service agent. Here is her badge,
okay. She doesn't recall ever being told by any of her bosses that
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because the president of the United States or the vice president or
anybody is traveling to a city that has tough gun laws, that the secret
service should disarm. It's just not done. Now, that may be funny, but
it's true.
CHAIRWOMAN HILLER: Smart.
MR. RAMPINO: It really is true.
So anybody telling you that Chicago, New York, Illinois, any of
those states that have tough gun laws are going to keep violence down,
it's just not happening, okay.
Now, I want to just bring forth just one issue here that I think is
important. In 1968 the Supreme Court had to hear a case; the case
was Haines versus the U.S. It was about a gentleman who was a
convicted felon, okay, who had two assault weapons and a sawed-off
shotgun and were not registered. He was arrested. He took the United
States to court based on the fact that he didn't want to register those
guns because his Fifth Amendment rights were violated. The
Supreme Court voted in his favor 8-1 that he did not have to register
those guns.
So if a convicted felon doesn't have to register his guns, then who
does? Who does? Legal citizens who very, very much don't commit
crime. It's those who don't register their guns that commit the crime.
It's those who are doing illegal activities that are doing the crimes.
Now, you can't -- we live in a society of wolves. You can't create
more sheep to fight that violence. You just can't do that. And I am
imploring -- I am imploring this group of commissioners to please
vote for the amendment.
In closing, I just want to mention two more things which I think
is most important. We live in one of the greatest countries of the
world. And in our society, okay, when the amendment was -- when
the Constitution was founded, our founders gave their power to the
states. We have sovereign states, and we have a right to rule
ourselves.
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Thank you. Please vote for the amendment.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CHAIRWOMAN HILLER: Our next speaker is Joe Whitehead.
Three minutes.
MR. WHITEHEAD: Commissioner Hiller, before I begin, can I
verify that each member of the commission have a copy of this
document so that I'm -- Mr. Miller will bring it.
CHAIRWOMAN HILLER: Can you make sure a copy is
handed to the court reporter.
MR. WHITEHEAD: And I believe -- Mr. Miller, did you supply
one to the court reporter. Thank you.
CHAIRWOMAN HILLER: Thank you very much.
MR. WHITEHEAD: My name is Joe Whitehead. I also, like the
others, encourage you to support this resolution. I served as a member
of the law enforcement community for many years and also in the
United States Military. I'm here representing neither of those groups.
I just want to represent the truth.
Now, some of the anti-gun and anti-constitutional forces that
plague us with misinformation want us to believe three things: One,
that guns are inherently evil; two, that guns drive crime rates; and,
three, that pigs have wings.
What I'm -- what I'm here to explain is there's some truths about
gun ownership that never seems to make it out that I wanted to -- that
I've researched carefully, and I wanted to bring that to your attention
today.
I'll move through very quickly. I call this the seven magnificent
truths of gun ownership. Item No. 1 : While the population of this
country is approximately 314 million people, we have, verifiably, 350
million firearms in private hands. More guns than people. They
actually outnumber us.
The number of known individuals to have a firearm, verifiably, in
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this country stands currently at about 110 million.
Now, here's where it gets interesting. According to FBI UCR
stats -- that's the Uniform Crime Reporting. That's the data they
collect from all over the country. In 2001, the violent crime rate per
100,000 people was 609 incidents. At the end of 2011, however, the
violent crime rate per 100,000 people fell to 334 incidents. That's
almost a 50 percent drop in violent crime where, as the Kia guy says,
"That's huge."
If guns were evil and caused crime, it is impossible for this
reality to have occurred. For the number of gun owner -- number
owning guns and gun ownership to have dramatically increased and
violent crime dramatically decreased.
Now, in addition to those first three facts I mentioned, in the
State of Florida we have just over 1 million residents who hold
concealed weapons permits. That was achieved in December of 2012.
The crime rate, by the way, here in Collier County, that's Point No. 5,
was just released, and fell another 10.4 percent in 2012. That's
something for everyone here to be proud of and to feel very good
about.
Item No. 6, a landmark Supreme Court decision, McDonald
versus the City of Chicago. In that case, not only did the court -- high
court rule that gun ownership in the Second Amendment were your
right, but they even referred to it, quote, as a civil right. When have
you ever heard that expressed in the media?
And Item No. 7, the single largest placement of firearms into the
hands of known violent criminals without background checks was
done at the hands of our own Federal Department of Justice as part of
Fast and Furious. As a result, federal agents and countless numbers of
innocent Mexican citizens were murdered. They want background
checks for us, but they don't want them on the people they hand the
guns to who they know are criminals.
There are those who'd be willing to trade freedom for the
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perception of security at the hands of an overreaching, all-powerful
government. Losing freedom doesn't make us safer, but it makes us
slaves to the mandates of bureaucracy.
Freedom is trickle up; tyranny is top-down oppression. Any
government that doesn't trust its people is a government that can't be
trusted.
On this day I ask you, push back the forces of tyranny and let
freedom ring. Thank you.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CHAIRWOMAN HILLER: Before we bring our next speaker
up, we have a time-certain at 11 : 15 a.m., which is Item 11A, but it
appears there are no public speakers.
MR. MILLER: We have one.
CHAIRWOMAN HILLER: We do? Who is the one speaker
registered for that?
MR. MILLER: Ellie Krier.
CHAIRWOMAN HILLER: Ellie, you do have a time-certain, so
I'd like to take a minute to interrupt the sequence of speakers, since we
do have a speaker in the audience waiting for this time-certain item.
COMMISSIONER HENNING: Okay. I must ask, which -- what
is the hierarchy, the 10:30 or 11 :15?
CHAIRWOMAN HILLER: Oh. You know what? Good point.
You know, I appreciate you bringing that up. I wasn't even thinking
in that --
COMMISSIONER HENNING: I mean, I --
CHAIRWOMAN HILLER: No, no. I think you're absolutely
right. Can I ask --
COMMISSIONER HENNING: It's my ADD. I need to stay
focused on one issue.
CHAIRWOMAN HILLER: You know what? Commissioner
Henning is right, because the 10:30 trumps the 11 : 15. Can I ask the
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February 26, 2013
10:30 time-certains, would they allow Ellie to publicly speak and let
her go? Since, otherwise, she's going to be here for a very long time.
Would that be okay? Do I have consensus? Thank you. You're all
very gracious.
And, Commissioner Henning, good point.
Item #11A
RECOMMENDATION TO AWARD INVITATION TO BID (ITB)
#13-5986R TO MANHATTAN CONSTRUCTION, INC., IN THE
AMOUNT OF $8,939,010 FOR THE CONSTRUCTION OF THE
GORDON RIVER GREENWAY PARK PROJECT #80065 AND
AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE
CONTRACT — APPROVED
Okay. We're going to go to 11A.
MR. OCHS: Yes, ma'am. If I might just read it so the audience
knows where we are.
CHAIRWOMAN HILLER: Yes.
MR. OCHS: This is recommendation to award Invitation to Bid
15-5986R to Manhattan Construction, Incorporated, in the amount of
$8,939,010 for the construction of the Gordon River Greenway
project, and authorize the chairwoman to execute the attached
contract.
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: Wow.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: Nice, okay. Before I get started, I
just want to explain, the reason I actually was going to bring the 11 : 15
is because our speaker coordinator told me there were no public
speakers, so I actually was going to take 11A, and I was going to push
it to after lunch, and you threw your hand up and, you know, just
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February 26, 2013
turned it all head over heels.
MS. KRIER: Sorry.
CHAIRWOMAN HILLER: We have a motion on the table and a
second.
County Manager, do you feel compelled to have Mr. Williams
speak, or is this something you would like to pass? Are there certain
comments you would like to make for the record?
MR. OCHS: No, ma'am, only that this is a long time in coming.
We're looking forward to it. The project is budgeted fully, and we
appreciate the board's leadership and the indulgence of all the
stakeholders, and we're anxious to move forward.
CHAIRWOMAN HILLER: If I could ask one thing be done for
the record, because I think the public ought to know what a
tremendous collaboration of funds this is, that this is not all local
taxpayer dollars, could you do one thing, Mr. Williams, and that is --
MR. WILLIAMS: Yes.
CHAIRWOMAN HILLER: -- please list the names of all the
different entities that are contributing funds towards this $8.9 million,
because this is not all coming from property taxes.
MR. WILLIAMS: Yes, ma'am.
MR. OCHS: Just recite the general categories of funding.
MR. WILLIAMS: Yes, ma'am. Barry Williams, parks and
recreation director, absolutely.
Commissioner Hiller, the funding that's coming for this project's
coming from a variety of sources. Florida Communities Trust is
funding the parks and recreation portion of the project; Conservation
Collier funds are also providing funds; and Naples Zoo is providing a
contribution.
I do want to mention, if I may, the stakeholders --
CHAIRWOMAN HILLER: Yes, please.
MR. WILLIAMS: -- just to talk about those. We've been
working very closely with a variety of stakeholders, including the
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February 26, 2013
Naples Airport Authority, Southwest Florida Land Preservation Trust,
which Ms. Krier represents, City of Naples, Bear's Paw, Conservancy
of Southwest Florida, and the Collier County School District.
CHAIRWOMAN HILLER: Thank you.
MR. WILLIAMS: Yes, ma'am.
CHAIRWOMAN HILLER: Would you like to comment?
MS. KRIER: Only to say that the first time the drawings were
put on the map was in 1987 with R/UDAT. It's been a long time
coming, and we thank you for your continued support of all of this on
behalf of both the land trust -- I'm Ellie Krier, executive director of the
land trust, and the zoo.
CHAIRWOMAN HILLER: And, Ellie, thank you for your
leadership and the coalition that you've built to make this a reality. It
has been a long time coming, and you've done an outstanding job.
MS. KRIER: Thank you. We're very excited.
CHAIRWOMAN HILLER: There being no further discussion --
Commissioner Henning just stepped out. Should we wait for him?
Do we want to --
COMMISSIONER COYLE: Call the question.
CHAIRWOMAN HILLER: Okay. I've been asked to call the
question.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Thank you.
Item #10E — Continued from earlier in the meeting
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February 26, 2013
RESOLUTION 2013-56: A RESOLUTION IN SUPPORT OF THE
SECOND AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES — ADOPTED
CHAIRWOMAN HILLER: Thank you very much, 10:30
time-certain group.
Let's get back on track. The next speaker is Jerry Rutherford.
He'll be awarded three minutes.
MR. RUTHERFORD: To quote a fellow many years ago, I'm an
indefatigable reader, and for the past 30 years I have studied the
founding fathers and their writings on the Constitution, Bill of Rights,
et cetera.
And one of our founders and an original chief justice, James
Wilson, stated, the first and governing maxim in the interpretation of a
statute is to discover the meaning of those who made it. Another
founder said, if you want to know the meaning of the founders'
rulings, read the writings on the subject. And so if we don't study
what they said about the situation, we can't possibly know what they
meant by it.
Connecticut is an example of the meaning of the Second
Amendment. In 1650 the statute required that all persons that are
above the age of 16 years shall bear arms. As part of the obligation,
every male person within the jurisdiction above, that is on the age of
16, shall have in continual readiness good musket or other gun fit for
service and allowed by the clerk of the land.
Similar laws were made in other states. At least six of the
colonies, part of the civic duty was to be armed including bringing
their guns to church and other public meetings and while traveling. It
was later upgraded to include a fine for not carrying a weapon.
Understandably, this was partially because of the Indians, but
there was also warning by the founding fathers of government
tyranny.
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February 26, 2013
To protect ones' self and family is no less needed today using
whatever weapon is necessary. A baseball bat's pretty good
sometimes, but I don't think it'll face up to a gun.
Until a few years ago, I had not owned a weapon since being
discharged from the military service. But when I saw the violence of
those around me, some on drugs, alcohol, or just immoral, I said,
something has to be done, and so I decided the best thing to do to
protect my family was to have a weapon.
Our nation would not have survived the revolution without
weapons. And that's all I have to say. Thank you.
(Applause.)
CHAIRWOMAN HILLER: Thank you. The next speaker is
Keith. Keith, state your name for the record. You have three minutes.
MR. HANSON: Thank you. Good morning, Madam Chair,
Commissioners. My name is Keith Hanson, and although I am not a
resident of Collier County, I am a resident of Lee, I am the host of a
conservative talk radio show on 98.9 here in Naples, the Keith Hanson
Show. And I have heard from countless, countless listeners who are
concerned about this resolution.
I stand before you here today because I'm concerned that the
outcome of this hearing will affect other communities throughout the
State of Florida.
It's interesting, Alaska House of Representatives two days ago,
House Bill 69, passed 31-5 the Second Amendment Preservation Act.
I find it very serious that we have individuals in the room here who
think that this is not the role of county government to pass a resolution
of this sort.
Clearly, the people who would stand before you and suggest that
this is not the role of county government slept through eighth-grade
civics, and they also have no understanding of what a federalist
system of government is.
The role of the federal government is to interpret laws passed by
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the states in accordance with the supreme law of the land and to
provide protection to the residents of the nation.
It is your responsibility as oath keepers to preserve, protect, and
defend the Constitution of the United States, the document that you
swore to protect when you were elected and you took office, not to
capitulate to the emotionally fueled pet projects of transplanted
liberals who have demolished their own states and are funded by
progressive Washington think tanks.
I am not here today to implore you to pass this resolution. My
expectation as a person who has taken an oath to protect and defend
the Constitution of the United States, my expectation of all of you, is
to honor your oath and do your job. If not, the residents of this county
will do theirs the next election cycle. Thank you.
(Applause.)
CHAIRWOMAN HILLER: Thank you. Our next speaker is
Tom. Tom, please state your name for the record. You have three
minutes.
MR. WRIGHT: Thomas Wright, resident of Collier County 21
years, retired firefighter, veteran, oath keeper, and an NRA instructor.
Some of the opposition who spoke earlier said that they want to
keep our children safe. I do not feel that my child's safe in a Collier
County school because it's a gun-free zone. The resource officer may
not be where the bad guy is or bad guys are. By the time they get
there and they inflict their damage, it's over -- it's already too late.
The only time I feel my daughter is safe is when she's with me,
and I'm allowed to carry my gun. So that's the only time I know that
she's safe. And she also has her own weapons, and she trains with
them on a regular basis. She's 17 years old and a very good shot,
thanks to me and the NRA, as well as Appleseed. I'm a proud member
of the Appleseed project, making riflemen -- making Americans
riflemen once again.
The opposition doesn't understand the Tenth Amendment. It is
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February 26, 2013
up to this body, as up to the people, because what's not left to the
government from the Constitution is left to the states or to the people.
So we are here today to say we are tired of the overreach of our
federal government. Some -- there's land uses that are being done but,
mainly, this Second Amendment's brought me out. As Charlton
Heston would say, you can take my gun when you pry it from my
cold, dead hands. I'm not going to give up my guns.
After Katrina in New Orleans, what they did to those people by
taking their guns and assaulting them and running into their houses
without warrants, without reason, it was just unacceptable to me, and
that's the day I became an oath keeper.
So I'd ask just a very simple, simple vote, honor the Constitution
and your oath, like I do every day. And it would be nice, you know,
resource officer here and the one in the back and the couple guys
standing here, they really can't -- nobody here in this room's even safe
for somebody that's well trained that can inflict harm. They can
calmly walk over and harm somebody before they can get there. It's
after the fact. It would be up to the guy sitting next to the person that
might be assaulted to stand up like Americans are doing after 9/11 .
We're no longer going to be victims. We stand.
And I thank you for -- Commissioner Henning, for working with
the resolution, and Georgia -- Madam Chair, I thank you for bringing
this forward as well. I trust all -- it's a unanimous vote, and I thank
you.
CHAIRWOMAN HILLER: I just want you to know, by any
other name, I'm still the same person, so I'll take them all. Thank you.
(Applause.)
CHAIRWOMAN HILLER: Jerry, if you'd state your name for
the record and also please state who has ceded you time.
MR. EDDELMAN: My name is Jerry Eddelman, and Bill Farley
has ceded me his three minutes.
CHAIRWOMAN HILLER: So Jerry will have six minutes.
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February 26, 2013
MR. EDDELMAN: Thank you, Bill.
Madam Chair, County Commissioners, distinguished guests and
Friends of Liberty, thank you for allowing me to speak.
For the record, my name is Jerry Eddelman, and I've been a
resident of Collier County for most of my 57 years, having arrived
here in the spring of 1967.
I'm grateful to be here and humbled by the opportunity to offer a
few brief remarks in support of the proposed resolution.
I retired from a successful military career as an officer in the
United States Army Corps of Engineers 20 years ago, and I was
privileged to return home to Naples at that time. I am and have
always considered myself to be a patriot.
Not surprisingly, a majority of Americans profess the same, yet a
2004 Harris Poll revealed that not four in 10 of my fellow countrymen
can correctly recite the national anthem, and many do not realize that
the official title of that anthem is the Star Spangled Banner. So it
should not then be surprising for us to discover that many citizens of
this great land are confused by the wording or, indeed, the inherent
meaning of the Second Amendment to the U.S. Constitution.
Many Americans wrongfully suppose that this amendment
applies only to a militia of their fellows proudly uniformed in service
to the country, while others believe that the right to keep and bear
arms is intended for hunting or other sporting purposes. Few realize
that the amendment itself was forged by the fire of the minutemen in
battles fought on the Village Green of Lexington and at the north
bridge of Concord in the Massachusetts Bay province on April 19,
1775, when, in the immortal words of Ralph Waldo Emerson,
embattled farmers stood and fired the shot heard 'round the world.
The spark that lit the powdered keg that became the American
Revolution was struck in defiance of tyranny when King George's
British army regular sought to destroy the military supplies of the
colonists. They came for the guns, and the farmers fought back.
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February 26, 2013
Thus, did the belief in the God-given right of self-defense emerge as
the primary conviction that patriots have bled and died to preserve
ever since.
For 238 years the lamp of liberty has been held high for the rest
of the world by our great nation and, as a result, millions of people
around the globe have since fought for and won their own
independence.
These many freedoms, these rights, these truths which we hold to
be self-evident are not the fancy words of a long forgotten by-line.
They are the lifeblood of our republic, and they are as inseparable to
me as I am to them. Yes, I support the Second Amendment, because
the Second Amendment supports me.
This amendment, indeed, all the provisions enumerated so
eloquently in the Bill of Rights, were the illumination of brilliant men
who pledged their lives, their fortunes, and their sacred honor to
secure the many blessings of liberty which we so freely enjoy to this
day.
This is no mere code of ethics for sunshine patriots. They are
shields against tyranny and the assurance that our rights shall not be
infringed.
Noah Webster, in the 1787, explained the Second Amendment to
the Constitution this way: "The supreme power in America cannot
enforce unjust laws by the sword; because the whole body of the
people are armed, and constitute a force superior to any band of
regular troops that can be, on any pretence, raised in the United States.
"A military force, at the command of Congress, can execute no
laws, but such as the people perceive to be just and constitutional, for
they will possess the power, and jealousy will instantly inspire the
inclination, to resist the execution of a law which appears to them
unjust and oppressive."
Unjust and unconstitutional laws such as those that are now being
proposed by the national legislature, which are specifically designed
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to infringe our statutory right to keep and bear arms, are both foul and
unenforceable.
As a soldier, I took an oath to support and defend the
Constitution of the United States against all enemies, foreign and
domestic, and to obey the orders of the president of the United States
and the officers appointed over me. But as Keith has pointed out
previously, my oath did not come with an expiration date; however, it
also does not obligate me to abide by any unconstitutional ordinance
or to obey any unlawful order.
As a result of media excitement over very real and tragic recent
circumstances, there are many in our society searching for answers.
Unfortunately, the problems have been defined incorrectly, and the
solutions proposed have targeted our basic liberties.
Intelligent, free-thinking people understand this, and all across
the country patriots are rising to defend the Second Amendment.
Local communities, sovereign states, and many law enforcement
associations have made public their opposition to these infringements
and confirm that they will refuse to support any legislation which
seeks to limit our rights under the U.S. Constitution.
The opportunity's now before this commission to stand united
with us in this great endeavor. Now is the time to say no to federal
pressure and the liberal media agenda. Now is the time to stand and
be counted. Today is the day, now is the time, this is the place, and
this commission, as the voice of your constituents, has the right and,
indeed, the moral obligation to adopt this resolution and to send a
clear message throughout the State of Florida and to the nation at large
that we, the people, will not stand idly by while our rights are eroded.
And this, then, your courageous act will echo the shots fired by
our patriot forefathers and shall, likewise, be heard around the world.
Thank you. God bless you all. God bless the United States of
America.
(Applause.)
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February 26, 2013
CHAIRWOMAN HILLER: Steve, if you could state your name
for the record. You have three minutes.
MR. MERRETTE: Hi. My name is Steve Merrette. Thank you,
Commissioners and ladies and gentlemen of the audience.
You know, I took a little time off from work today because this is
something that's very important to me as it is, I'm sure, with many of
the other folks in this audience here.
Two hundred and thirty-seven years ago a brave bunch of men,
colonists, declared independence from a monarchy, a top-down
overbearing government. In their infinite wisdom, they crafted a
document that's guided us for the last 237 years.
In the Constitution, the intent is that the people are the ones that
are in charge of governing themselves, and this power is to be at the
local levels and rise up with a federal government that's there to
loosely hold us together, just enough so that the states weren't
bickering and fighting.
So by passing this resolution you, in effect, are affirming the
intentions of the Constitution and that you are the closest to the people
that you're representing. You have a better feel for each and every one
of the people here in this room and in Collier County because you deal
with them on a daily basis, unlike the folks up in Washington who
don't have a chance to get down here and don't know the people and
don't know the particular instances and things that are particular just to
Collier County.
So with that in mind, I want to ask you to please support this
resolution and keep in mind that you're doing your part in continuing
their legacy and one that we want to be able to pass down to
generations to come to keep the freedom that we've worked so hard
for and so many have fought bravely and died for.
Thank you.
CHAIRWOMAN HILLER: Thank you very much.
(Applause.)
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February 26, 2013
CHAIRWOMAN HILLER: Linda, if you'd state your name for
the record. You have three minutes.
MS. ANDERS: My name is Linda Anders, and I live on 20th
Avenue Northeast in Collier County.
We, the supporters of Southwest Florida Citizens Alliance, invite
and strongly urge each of you and all participants in this proceeding to
attend both of the following events:
Tonight, February 26th, there will be a Collier County town hall
meeting at the Marco Presbyterian Church at 875 West Elkham Circle
on Marco Island. This will be a two-part event.
Sheriff Kevin Rambosk and Police Chief Don Hunter will lead a
law enforcement panel discussion. The panel will discuss law
enforcement's view of the Second Amendment dialogue today, their
responsibilities to the oath of office to protect both our rights and our
security as individual citizens, as well as public safety issues.
Citizens will have ample opportunity to ask questions and learn
what they can do to help local law enforcement.
The second part of this event will be an educational seminar with
attorney and constitutional scholar KrisAnne Hall on how can we
preserve the Second Amendment and remedy federal overreach, learn
the historical facts from our founders, and the history of successful
rights, State rights, and their position, as well as the current state and
local actions to stop federal overreach.
Tomorrow night, February 27th at 7 p.m., there will be a Collier
County town hall meeting in Naples. This is a different venue with
KrisAnne Hall, attorney and constitutional scholar, and includes a
dialogue with both KrisAnne and Robert Levy, who's the chairman of
the Cato Board of directors, about preserving the Second Amendment.
KrisAnne will present the state's rights case, and Bob Levy will
present the opposing view that is more reliant on the courts as the
remedy. Both are well-respected legal scholars, and this will be a
fascinating event. If you are an intellectually curious person, you owe
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yourself(sic) to understand both sides of this critical remedy to
preserve our republic.
This is your chance to pick the brains of two fantastic legal
minds. This Wednesday, 6:30 p.m., February 27th at River Park
Community Center in Naples, 301 11th Street North. This event will
be moderated by Bob Harden, Southwest Florida's very popular radio
talk show host, who's located at www.bobharden.com.
Again, you will not get an opportunity like this anytime soon, so
please take advantage of all of it. Thank you.
CHAIRWOMAN HILLER: Thank you very much.
(Applause.)
CHAIRWOMAN HILLER: Our next speaker, Barbara; if you
would state your name for the record, you have three minutes.
MS. KAUFMANN: Good morning. My name is Barbara
Kaufmann, and I live at 1944 Princess Court in Naples, Florida.
As I stood up here this morning listening to the people who were
for and against this, a multitude of emotions came over me; anger,
sadness, overwhelming sadness for the country's -- and communism
and tyranny, and I thank God -- and I'm here today as a mom, as a
stay-at-home mom who home schools her children, because I believe
it is my responsibility to teach them, to train them, to disciple them
about what our Constitution means.
I will tell you that as -- when I graduated high school, I had no
understanding, and it was because of that reason I decided to go into
college for a degree in history, because of the lack of knowledge that I
received on how my government works.
So I pray today that I'm here and I do my children right, to tell
you that there are two words that came to mind -- this speech was
originally posted for my daughter to give to you today, but because
I'm here to train her, I'm here before you.
Posterity. Our preamble talks about that. We, you, your children,
your grandchildren are that posterity that we are here for to defend.
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February 26, 2013
That's what those men did for us that day, okay.
Now, they also spoke in our Declaration of Independence years
prior to that about unalienable rights to life, liberty, and the pursuit of
happiness, not inalienable. There's a difference. Inalienable means
that they can be changed. Unalienable means that they shall not be
changed.
I'd like to leave with you or share with you some quotes. George
Washington said that free people ought to be armed. Our Second
Amendment rights are constantly misconstrued. We want to just cut
out the second part of it. We want to say a well-regulated militia
being necessary to the security of a free state. We have armed forces
and a National Guard. But it also states, the right of the people to
keep and bear arms shall not be infringed.
I do not and have not -- oh, boy, I want to say a lot more here. I
just went for my carry permit. I cried for an hour as I shot that gun,
but it is my responsibility to defend myself. And in China, the same
day as the Sandy Hook shooting, 22 people were stabbed at a school.
How is that any different?
I pray and thank God that there are men and women who carry
guns, that I might not have something on to protect me. It's our
responsibility. Evil will persist if good men and women stand and do
nothing about it.
Thank you very much.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CHAIRWOMAN HILLER: Rocky?
MR. SCOFIELD: Rocky Scofield, 38 Banyon Road. I had a big
long speech, but it's not necessary after listening to all these comments
this morning. And I'm not going to educate anybody up there this
morning on the Second Amendment.
Barbara just went through -- in my spare time I'm a firearms
instructor. I didn't plan on talking about that, but we just ran Barbara
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February 26, 2013
through a course, self-defense concealed weapons course. She did, she
was on the range crying, holding a gun shooting it. She got through it.
It was a long 10-hour on-the-range course that we do.
And it's amazing at the end of the day the confidence that she
had. She was there to protect her children, and I really commend
people like Barbara for stepping up and doing that and taking the
responsibility to protect their family. So I commend you.
The only reason I'm here today -- well, the reason I'm here today
to expound on my First Amendment rights is because of the Second
Amendment. Without the Second Amendment, all of our other rights
will perish; just ask the man from Cuba.
So we have to be vigilant and, you know, take care of what we
have. It's precious that this country -- I know all of you
commissioners, I know you, I know you love your country, and I
know you love the Constitution. But what's going on right now in this
country is unprecedented. What's happened over the last four years,
absolutely amazing, and it's only going to get worse over the next four
years. Our rights are eroding before our eyes.
The -- you know, the veil is off. The tyranny that's going on in
our country is just beyond belief. We have to make a stand, and that's
why we're here today looking for you to help pass this resolution.
The law-abiding citizens should not have to pay the price and be
disarmed because of the actions of criminals who are not going to
comply no matter how many laws are passed or executive orders are
handed down.
So we urge you to stand firm on this resolution. We desperately
need leaders to support and defend our Constitution and keep us from
tyranny.
Thank you for your time today.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CHAIRWOMAN HILLER: On behalf of the board, I'd like to
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February 26, 2013
thank all the speakers both for and against.
MR. TOWNSEND: I only want to add --
CHAIRWOMAN HILLER: Is he a registered speaker?
MR. MILLER: What's your name, sir?
MR. TOWNSEND: Mike Townsend. I only want to add that
guns are tools, like your mic, your chair, every inanimate thing we
have. Tools don't kill people; people kill people.
CHAIRWOMAN HILLER: Thank you. Thank you very much.
(Applause.)
CHAIRWOMAN HILLER: Again, on behalf of the board, I'd
like to thank all the public speakers both for and against the resolution
who took the time to come and exercise their First Amendment rights
today. It's really commendable that we had such a turnout.
And with that, there are a number of commissioners who would
like to speak, but before we turn to the commissioners and give them
the opportunity to speak, I'd like to ask Commissioner Henning if you
would please read the actual resolution, which is the last paragraph, so
it can be introduced into the record through you.
COMMISSIONER HENNING: Okay. Now, therefore, be it
resolved the Board of Commissioners of Collier County, that the
board formally declares its continuing support of the Second
Amendment of the Constitution of the United States, that we hereby
affirm and we will not assist, support, or condone any unconstitutional
infringement of rights, and that we call upon the governor and the
Florida legislators to lawfully use all its powers to resist the overturn
of any federal gun control measures that will violate the rights of the
people in this state and of Collier County, and keep -- to keep and bear
arms; and, be it resolved this resolution be transmitted to the clerk,
Florida Senate and the House of Representative and the governor.
CHAIRWOMAN HILLER: Thank you. Did you want to make
a motion?
COMMISSIONER HENNING: I'm going to make a motion to
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February 26, 2013
approve this resolution; however, I do have concerns of things that
were stated here today that I must comment on.
CHAIRWOMAN HILLER: Would you allow Commissioner
Coyle to speak first, since he was ahead of you?
COMMISSIONER HENNING: Sure.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I don't mind. I can wait.
But the -- you know, I wasn't planning on getting into this, Mr.
Rios, but you brought back some old memories. I used to spend a lot
of time in Cuba right before the -- Castro took over, and I, too, had the
opportunity to run into Che Guevara but under substantially different
circumstances in a small village of La Higuera in Viagrande Province
in Bolivia about 10 years later. He was not a very nice person, and he
did not meet a very nice end.
But having said that, I'd like to get back to the point, and I think
Commissioner Henning has touched upon it, and I'm sure he'll have
more to say about it.
Please understand that the resolution that we're considering here
and that I will vote in support of specifically states that we will not
assist, support, or condone any unconstitutional infringement.
Now, a question of constitution or constitutional infringement is
a decision we cannot make, so we have to abide by the Constitution
that is before us. And so any rules that the federal government might
make, it will take some time to determine whether or not they are
unconstitutional. It will take court orders, probably, from the Supreme
Court.
So I don't want to try to deceive you about what this particular
resolution will do. I don't think it will solve anything, but I think it
sends a message that there are people who are concerned about what is
going on in political circles, particularly in Washington.
The first speaker made a very important statement that I agree
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February 26, 2013
with, and he suggested that we need rational solutions to the problems.
You will not get rational solutions out of Washington. It's just not
going to happen from either party, by the way, and whatever they do
will be mostly smoke and mirrors. And it's up to the people to try to
push rational solutions, and that's hard to do.
I wish I were smart enough to recommend to you how we solve
the problems of mass shootings in our schools. Yes, we can put armed
guards there, but we can't put armed guards everywhere.
I hope all of you fellow NRA members and fellow veterans will
recognize that we have to do something about keeping guns out of the
hands of people who have severe mental problems. But how do you
do that? I don't know how you do that without infringing on the rights
of every other perfectly sane person who owns a gun. It's very
difficult to do, but that doesn't mean we shouldn't try to do something
and you shouldn't be open to some kind of resolution to those
problems because, believe me -- I never understood the seriousness of
our mental health problem in this nation until I got this job, okay.
COMMISSIONER NANCE: I might resemble that remark,
Commissioner Coyle.
COMMISSIONER COYLE: You very well might.
CHAIRWOMAN HILLER: And I was going to ask -- I was
going to ask, was it at that point that you started feeling like you were
losing your mind?
COMMISSIONER COYLE: No, no. I've always felt that way,
but it's just that I have an opportunity now to come into contact with a
lot of people who are very, very strange, and we don't want those
people carrying guns. I hope you would agree with me.
But in any event, I hope you will go back and think of ways that
we can do something positive about solving some of those problems,
because I'll admit to you, I don't have the solution. I just don't know
how to do it, but we've got to do something. So please be open to
those kinds of solutions.
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February 26, 2013
And with that, I'll terminate my speech and vote in favor.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning, would you like to speak now, or would
you like Commissioner Nance to precede you?
COMMISSIONER HENNING: No, just real short.
Commissioner Coyle is correct, this is an affirmation of our
commitment to your rights and the rights of all the citizens of Collier
County and, in particular, the Second Amendment.
The concerning statements that I heard is what kind of message
you're sending to our visitors coming to Collier County by passing this
resolution.
Well, yesterday we had our Second Amendment rights, and
tomorrow we'll have our Second Amendment rights. It has nothing to
do with this resolution.
And, furthermore, we are one of the safest communities in the
State of Florida. And, in fact, we are the safest community, coastal
community in the State of Florida. That's why we're -- why we have a
premier county, and thanks to the leadership of the Sheriffs
Department, past and present, that we have the safety.
In our school systems, I know, because I have a child in
elementary school, that school you cannot get in. It's locked down.
Nobody can get into that school. Every one of our schools has a
deputy to protect our students, our kids, our children.
This resolution does not divide our community. I think it's
overwhelming by the people here that we have young and old, our
seniors and, you know, kids from school, a lot of people took off work
to come down and speak their mind on this resolution. That is not
dividing a community. That is a community saying to their elected
officials this is what we want.
So I'll stand to let my other colleagues speak.
CHAIRWOMAN HILLER: And you had made a motion to
approve the resolution?
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February 26, 2013
COMMISSIONER HENNING: I did.
COMMISSIONER FIALA: And you seconded it?
COMMISSIONER COYLE: If nobody already seconded, I'll
second it.
CHAIRWOMAN HILLER: All right. Seconded by
Commissioner Coyle.
Commissioner Nance?
COMMISSIONER NANCE: Yes. It's -- I think it is very easy
for all the members of this board to reaffirm their support of the
Second Amendment and our Constitution as a whole, as each of us has
previously taken an oath to support, defend, and protect the
Constitution of the United States and of the State of Florida and of the
government.
And it's very easy for me to support this; however, I want -- I just
want to let you know that everybody in this room who is concerned
about these things, through your remarks it becomes very clear to me
that people who are concerned about safety of individuals, people who
are concerned about inalienable rights on all philosophical levels are,
indeed, concerned with, in fact, in how the manner of bearing arms is
going to be regulated by the law. That's what everybody in this room
is actually concerned about when you get down -- you bore down to
the bare metal.
And, indeed, it is going to be increasingly difficult for us to do
this at a local level. And let me tell you why and why I want to
encourage you to take your quest to get something resolved about this
forward, and that is, as a matter of fact, in 2011 the Florida legislature
passed a law. It's Chapter 790.33 -- and you may be more familiar
with it than I am -- but it is the Joe Carlucci Uniform Firearms Act.
And what it says -- and I'm just going to paraphrase it real quick
to not extend this discussion too long -- is that the legislature has
declared that the entire field of regulation of firearms and ammunition,
including a whole list of purchase, sale, transfer, taxation, et cetera,
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February 26, 2013
that they have taken the entire field of regulation to the exclusion of
all existing and future county or local city, town, or municipal
ordinances or any administrative regulations or rules adopted by local
or state government.
That means that for you to have influence on your concerns, you
have to, indeed, go to your state legislature, which means you need to
talk to our legislative delegation, which is Representatives Hudson and
Passidomo and Senator Richter and Senator Bullard. These are the
people that are going to craft laws within the State of Florida. It
simply cannot occur at our local level.
And we are not going to be able to afford the protections and the
resolution of how the manner of bearing arms is going to be regulated
by law.
So please take your enthusiasm outside of this room as well and
pursue it so that we can reach a resolution. And I do believe that our
community is not going to be divided over a resolution of it, but it's
going to take work by everybody to do it, and we need to come
together to do that, or we're going to face a very, very difficult future.
So it's very easy for me to support the resolution, but people
should understand what it means and what it doesn't mean, and it
doesn't mean that we want to do anything except make sure that the
manner of bearing arms is regulated properly by law and not
improperly.
CHAIRWOMAN HILLER: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah. You know what, that was
really well said. I've been thinking that myself, and I don't think I
could have ever said it as well as you just did.
COMMISSIONER NANCE: Well, thank you.
COMMISSIONER FIALA: Thank you very much. I was
wondering also -- and, Commissioner Coyle, you made a very good
point about mentally ill people and how to protect yourself from them
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February 26, 2013
and how to regulate that, if you can.
COMMISSIONER COYLE: We could get greater spacing
between us.
COMMISSIONER FIALA: One of my concerns is, no matter
what we do here at this level or even at the state level, the federal
government can come and trump everything we do, and that frightens
me, because if the federal government comes in and wants to take
everybody's gun away -- and I think a lot of people are hunters and a
lot more carry guns just for protection -- that frightens the daylights
out of me.
No, we don't need bomb material, and we don't need flame
throwers or anything, but I don't think the government has any right to
come in and do any of that stuff.
I had a bunch more notes. I was writing all the while we were --
we were talking about -- but I think both of these gentlemen have
already stated everything I feel in my heart, so thank you.
CHAIRWOMAN HILLER: Thank you. I'd like to make a
couple of last comments, and that is, I had the opportunity to speak
with a very high-level law enforcement official who had a tremendous
amount of experience and was very wise, and this individual said the
following to me: You can't control what you can't predict, and that
sums it up.
We are bound by the law. We are as a board limited by state
preemption. We are, today, affirming our support of the Second
Amendment of the U.S. Constitution. And with that --
(Applause.)
CHAIRWOMAN HILLER: And with that, since there is no
further discussion, I'm going to call the vote.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
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February 26, 2013
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
(Applause.)
CHAIRWOMAN HILLER: Thank you all for speaking out
today. We are now going to recess. We are going into closed session.
County Attorney, would you kindly announce?
Item #12A
THE BOARD IN CLOSED EXECUTIVE SESSION WILL
DISCUSS: STRATEGY SESSION RELATED TO SETTLEMENT
NEGOTIATIONS AND LITIGATION EXPENDITURES IN
PENDING CASES OF: JERRY BLOCKER, ET AL. V. COLLIER
COUNTY, CASE NO. 08-9355-CA, AND COLLIER COUNTY V.
JERRY BLOCKER, ET AL., CASE NO. 09-1281-CA, IN THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR COLLIER COUNTY, FLORIDA — CLOSED SESSION
MR. KLATZKOW: Yes. I'm just giving notice of the closed
attorney-client session that pursuant to 286.0118 of the Florida
Statutes --
CHAIRWOMAN HILLER: Ladies and gentlemen, quiet. Quiet,
please.
MR. KLATZKOW: -- that I desire the advice of the Board of
County Commissioners in closed attorney-client session. The session
will be commencing immediately in this building in your offices. In
addition to the board members and myself, County Manager Leo Ochs
will be present. We'll be discussing the strategy session related to the
settlement negotiations in the Blocker litigation.
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February 26, 2013
CHAIRWOMAN HILLER: We will be recessing for an hour
and returning at 1 p.m., at which time we have another time-certain,
which is Item 12B.
(The closed session was held followed by a luncheon recess.)
MR. OCHS: You have a live mic, Madam Chair.
Item #12B
BOARD OF COUNTY COMMISSIONERS TO PROVIDE
DIRECTION TO THE COUNTY ATTORNEY REGARDING
SETTLEMENT NEGOTIATIONS AND LITIGATION
EXPENDITURES IN THE PENDING CASES OF: JERRY
BLOCKER, ET AL. V. COLLIER COUNTY, CASE NO. 08-9355-
CA, AND COLLIER COUNTY V. JERRY BLOCKER, ET AL.,
CASE NO. 09-1281-CA, IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER
COUNTY, FLORIDA — MOTION TO APPROVE AND COUNTY
ATTORNEY TO EXECUTE THE SETTLEMENT — APPROVED
CHAIRWOMAN HILLER: We're back in session. The next
item we'll be addressing is 12B, which is the time-certain return from
the closed session.
County Attorney?
MR. KLATZKOW: And I'm looking for a motion from the
board.
CHAIRWOMAN HILLER: May I have a motion?
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: Being that this has gone through
settlement with a mediator, and Kimberlea -- or Jerry and Kimberlea
Blocker has accepted the board's offer, I make a motion to approve the
settlement and direct the county attorney to execute the settlement.
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February 26, 2013
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
Discussion? Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I just want to go on record
saying I am vehemently opposed to the settlement. This is a settlement
for a lawsuit that we have already won. The Blockers have appealed
it. It is ready to go to trial, and the board is rushing to make a
judgment and to capitulate on virtually every issue without waiting to
have an impartial jury review this and render a verdict.
So I am very, very opposed to this. It's going to cost the Collier
taxpayers at least $500,000 that should never be spent for this purpose.
Thank you.
CHAIRWOMAN HILLER: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I also agree with you,
Commissioner Coyle, plus we're going to give them all rights to their
property, plus release their code enforcement liens, and hand them a
half a million bucks to say, here you go. I think it's so wrong. And
we would have gone to court, and I'm sure we would have won. But
anyway, I guess I'm in the minority again.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yeah. The -- you know,
obviously, this property has been there and its use for years and years;
in fact, it's 50 years. The property owner was denied their use by
government stating it wasn't in conformance of the Comprehensive
Plan, which is not true; therefore, the property owner could not get it
rezoned.
And this was purely a vendetta by a former commissioner in the
area, and that stuff needs to stop.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I simply can't support
continuing this. I'm supporting the settlement offer at this time and
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February 26, 2013
the work of our county attorney on the basis that Collier County needs
to stop trying to seize people's property and achieve goals of
renovating properties through the taking of private properties.
And I don't have any other remarks other than those.
CHAIRWOMAN HILLER: Thank you.
I have a couple of remarks. The first is, is that the settlement that
is being proposed here today was put forth as a consequence of our
county attorney bringing in a professional mediator. The settlement is
not a settlement that, in effect, was originated by the board but rather
one that was achieved as a consequence of a mediation, which is very
significant.
The mediator, obviously, did not think that the county's case was
so strong; otherwise, he would not have felt that the mediation -- the
mediated settlement as proposed would have ended up where it did.
Secondly, as Commissioner Nance has said, the Florida law is
very, very clear: We cannot use code enforcement, we cannot use, I
should say, a taking under code enforcement to eliminate blight. And
in the case of the Blockers, it was not about blight.
What the county was alleging was that the Blockers did not have
the right to use their property as they were using their property, not
that the conditions of their units were so bad that code enforcement
violations existed that rose to the level that the county should or could
engage in a takings.
The fines that the county racked up against this private citizen
was a million dollars. Now, tell me what kind of a private citizen can
defend against government that racks up a million dollars in fines, in
liens, against their property?
For everything that I could see in the case, it seems clear that the
use that the Blockers were applying to their property was
grandfathered in legitimately. And so when the county came in and
rezoned that property to a different use, they, in effect, engaged in the
regulatory takings.
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And I believe that the mediator, having reviewed evidence put
before him, came to the same conclusion, or he would not have
proposed the settlement that is before us today. That is very
significant.
The prior board directed code enforcement go after the Blockers.
We are paying the price today for what the past board did. We are
correcting a wrong that was a function of the past board's direction.
This case brings to mind another situation that took place in Palm
Beach County. And I'm not suggesting here today that there was
criminal misconduct on the part of any commissioner, but what I can
share with you today is that we must never allow code enforcement to
be used to threaten private citizens to any wrong end.
The case I'm referring to is the case involving Palm Beach
County Commissioner Jeff Koons who resigned after perjury and
extortion charges.
You're welcome to Google the story about the county
commissioner. And I think what I will do, just to capture a little bit of
what happened -- and I'm putting this on the record to ensure that no
one in elected office ever, ever does what this man did.
I'm going to read you just a few excerpts from an article.
Palm Beach County Commissioner Jeff Koons resigned from
the County Commission this morning hours after being booked on
charges of extortion, perjury, and violating public open meeting laws.
He was released on his own recognizance.
And, by the way, I will tell you, this occurred in January 2009.
Authorities pinned the arrest partly to threats Koons allegedly
made against a family that opposed his pet environmental project in
the Lake Worth Lagoon, according to the arrest report.
The charges focus firmly on the defendant's conduct, both in
words and deeds, and include his extortionate threats to silence
opposition to a project he supported, his attempts to punish opponents
of the project when they did not submit to his extortion, and his
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February 26, 2013
attempts to mislead authorities when asked to account for his actions,
said State Attorney Michael McAuliffe in a prepared statement.
Koons' actions do not reflect impulsive or fleeting mistakes,
McAuliffe said. The alleged conduct reflect an arrogance borne of the
perceived protections of power and influence.
At a press conference, criminal defense lawyer David Roth read a
statement from Koons as his client sat silently. I screwed up big time,
and I blame no one but myself. I shamed my friends, family, and
community. I can only pray for their forgiveness.
Roth said Koons never benefited financially from the Lagoon
project.
Unfortunately, it was his misdirected passion that led him to
make totally inappropriate and ultimately illegal decisions that were
never for personal economic gain, Roth said. The South Cove
environment project he tirelessly labored on for over 10 years. Jeff s
emotions overpowered his common sense in good judgment and
decency. His decisions were ill-conceived, borne of frustration,
impulsiveness, and anger.
Sterling Ivey, a spokesman for Governor Charlie Crist, said
Koons' seat on the commission will remain vacant until the November
election, et cetera.
The governor's -- okay. Hang on a second. Koons, 62, was
elected to -- hang on.
According to the arrest report, Koons threatened Dean Turney, a
representative of the family of prominent businessman Richard S.
Johnson, Sr., which opposed the lagoon restoration projects.
The threats included what investigations say was his telling
message left on Turney's voice mail: " I'm going to work as hard as
I've ever worked in 20 years of public service to take the Johnsons
through the wringer on this day, if they fail to support this project",
the transcript of the phone call reads. Koons called Turney back and
was told, "You have your instructions. Do it."
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After that conversation, the arrest report charges, Koons directed
county staff to photograph storm drains and landscaping on Flagler
Drive property owned by the Johns -- by the Johnsons. Koons'
administrative assistant then emailed Richard Walesky, director of the
County's Department of Environmental Resource Management, with
information on the storm drainage. Walesky sent an email to Koons'
office asking whether the storm drain issue could be followed up
without attracting attention, the report states.
Koons called Turney again, talking about the stormwater system
and saying, So let me know if you want me to call code enforcement
or what you want me to do. Thanks.
Koons then suggested to Palm Beach County (sic) Commissioner
Kimberly Mitchell, who represents that district, that she contact code
enforcement about conditions on the Johnsons' property.
And you know what, I'm not going to even continue reading on.
COMMISSIONER COYLE: Thank you.
CHAIRWOMAN HILLER: Bottom line is, we cannot, as public
officials, use code enforcement as a hammer against private citizens
unjustly for any reason. That is not the purpose of code enforcement.
I feel the settlement of this case is appropriate and timely, and I
regret that any citizen should ever have to go through what the
Blockers have gone through.
So settling a matter which falls squarely on the shoulder of the
past administration, I support the mediated settlement.
Commissioner Coyle?
COMMISSIONER COYLE: Okay. None of that is really
relevant to anything we're talking about here today, quite frankly. But
the facts of the matter are that there was a lawsuit, and the county won
the lawsuit, and the Blockers appealed, and it is now being prepared,
or was being prepared, to be heard by a trial by jury. There was no
interference in that lawsuit at all by any commissioner or anybody
else. There never has been.
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And the chances are that we will win the appeal if we ever get the
chance to get there, but this board, a majority of this board instructed
the county attorney to negotiate a settlement before it goes to court, so
we'll never know because we're going to take a half million dollars of
county taxpayers' funds and buy it all off
So I am still opposed to it, and we can continue to debate this
because we all have our own interpretation of what's going on here.
And I think anybody who wants to take an unbiased look at this will
come to the same conclusion, that it is a very bad decision, and it's
unfortunate that three commissioners have decided to reach personal
decisions about this issue rather than letting an impartial court make
the decision.
So there we are.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. You know, that kind of
reminds -- what Commissioner Coyle's saying kind of reminds me of a
settlement we just reached at the last meeting, and that was the Hussey
settlement that was not done in the court. We won, they appealed, and
it was going through the Second District; however, it was settled. And
maybe the distinction of that, the separation, is a property owner in
Immokalee and a property owner in Port Royal. Maybe that's the
distinction; I don't know. But it is the same thing. We settled that
case --
COMMISSIONER COYLE: And how much money did you
vote to give them?
COMMISSIONER HENNING: That was $40 million.
COMMISSIONER COYLE: No, it wasn't.
COMMISSIONER HENNING: Their claim was $40 million.
COMMISSIONER COYLE: We did not pay them a penny.
COMMISSIONER HENNING: Their claim --
COMMISSIONER COYLE: That's the difference. We did not
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pay them a penny.
COMMISSIONER HENNING: Their claim was $40 million, far
less than the claim of the person that owns property in Immokalee, but
the difference is, is an Immokalee owner of a property and a Port
Royal person that owns property.
COMMISSIONER COYLE: Absolutely false.
COMMISSIONER HENNING: Okay. Well --
CHAIRWOMAN HILLER: Commissioner Coyle, I'll allow you
to speak in a moment.
COMMISSIONER HENNING: Okay. Well, you know, we're
doing opinions here, so --
COMMISSIONER COYLE: Well, okay. The point is --
CHAIRWOMAN HILLER: Commissioner Coyle, hang on.
Commissioner Henning is still speaking.
Please put your light on.
COMMISSIONER HENNING: So, you know, we can spend
anything that we want to. The bottom line is, this property has been in
existence for its use for decades, okay, and we need to end it.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Okay. Now, let's go back to the
other case that you were referring to, the Hussey case. The Hussey
case was for a large sum of money. They wanted somewhere between
50 and $90 million, and we settled the case with absolutely no
payment whatsoever to the Husseys, and they were engaged in
litigation for over 10 years. We did not pay the Husseys a penny.
And we gave them the zoning they wanted, just as you're
planning on giving the Blockers the zoning they want.
So giving them an additional $500,000, I think, is irresponsible.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: A lot of times we sit here, and we
talk about costs to the public and public money. And what we've
ignored with code enforcement for the better part of a decade is that
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February 26, 2013
code enforcement has gone out and levied fines on our taxpayers that
have cost them literally millions and millions and millions of dollars
that have come out of their pockets and gone out of our economy
doing things that weren't always justified.
That, I think, is the greater issue here. I think it's a question of
fundamental fairness of the way the government is conducting
business in Collier County. And the costs of that are extraordinary.
That's one of the reasons why no one wants to come to this county and
do business.
So if you want to talk about the costs, the costs can be computed
in many different ways other than direct costs to the budget of this
board. And I think that when we realize that and we start making
decisions based on that, we're going to be a much healthier economy
in Collier County.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I somehow feel you're
attacking code enforcement. Code enforcement has helped us over
and over and over again. They're the only people that -- only
department that people can call upon when they've got a problem, no
matter what the problem is, whether it's poor people on a limited
income living in unsafe -- in an unsafe filthy environment with no
running water or no electricity. People shouldn't have to live like that,
and code enforcement should be called, and code enforcement should
be doing something about it. And if it's levy fines to get them to get
their property cleaned up, great.
In most cases -- I would have to say in most every case their code
enforcement liens and the fines involved are then lifted once property
owners fix up their property.
So I don't know why you're attacking code enforcement. They're
just doing their job, the job we've asked them to do.
CHAIRWOMAN HILLER: I'd like to respond to that.
Commissioner Fiala, code enforcement is not being attacked.
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February 26, 2013
COMMISSIONER FIALA: Well, that's what I heard.
CHAIRWOMAN HILLER: Well, you heard incorrectly. The
previous board is being attacked because it was the previous board
that directed --
COMMISSIONER FIALA: Well, it wasn't you.
CHAIRWOMAN HILLER: I know, I know, and I'm just
clarifying.
It was the previous board that directed that code enforcement to
go after the Blockers, and that is the problem. The Board of County
Commissioners cannot use code enforcement as a hammer against
private citizens to do what code enforcement is not supposed to do,
and that is what happened in this case.
I'd like to respond to a few comments made by Commissioner
Coyle. Commissioner Coyle said that the commissioners directed Jeff
to go to settlement. In fact, the settlement that we have before us
today is a court-ordered mediation, and the settlement came out of the
court-ordered mediation.
While in the beginning this board wanted to see the case settled,
the case was not settled as a function of the direction of the board but
rather a function of the direction of the courts. This is a court-ordered
mediation.
Commissioner Coyle? And that will be the last comment, and
then I'm going to call the vote.
COMMISSIONER COYLE: All right. The comments by
Commissioner Nance that for years commissioners and/or the code
enforcement have been misusing their authority is a very easy blanket
indictment to be made. It is far more difficult to prove. And if, in fact,
people have done something illegal, then I think we should take action
against those people and make sure it doesn't happen again.
So I would challenge you to define all of these hundreds of cases
where code enforcement has, through misapplication of our
ordinances, caused great financial harm to people in Collier County.
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I've been on this board now for almost 12 years -- no, at least 12
years -- and I have never heard of a situation like that. And in most
cases, once the code enforcement issue is resolved, we forgive the
penalty.
And, furthermore, it is not the board. There is a Code
Enforcement Board that is involved here, and it goes through a series
of reviews.
So it is incorrect that the Board of County Commissioners has
directed anybody to go after anybody.
CHAIRWOMAN HILLER: County Attorney?
COMMISSIONER COYLE: We have never had a vote that says
I want you to go after the Blockers. What we have had is we have had
code enforcement actions presented to the Code Enforcement Board
and also presented to us with justification for doing -- taking the action
that we took. It is not -- it has not resulted from a discussion by the
board.
CHAIRWOMAN HILLER: County Attorney?
COMMISSIONER COYLE: Now, wait just a moment.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER COYLE: Now, with respect to the issue of a
court-ordered mediation -- now we've already talked about this. Now,
courts like to have mediation because it cuts down on the court load.
But the point is the county attorney was instructed by this board to
have settlement negotiations and to get this thing settled.
Now, at any point in time he could have said, I don't think this is
reasonable, but he didn't do that because he knew that the board
wanted to get it settled and didn't want to go to trial.
So let's be very clear about this. This wasn't anything that was --
that some court mediator reviewed and approved and encouraged
because they want to be fair to the taxpayers of Collier County.
CHAIRWOMAN HILLER: Oh.
COMMISSIONER COYLE: He just wants to get off the docket
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of the court; end of story. That's the way it works.
CHAIRWOMAN HILLER: No, it isn't the way it works. And,
actually, in fairness to Mr. Klatzkow, what you're saying and how
you're characterizing his conduct is completely incorrect.
Mr. Klatzkow made every attempt to negotiate a settlement and
was unsuccessful. No settlement was achieved, and as a consequence
of the court-ordered mediation, as a consequence of a court-appointed
mediator, this case was settled, and that is unequivocal. Those are the
facts.
The cost to the taxpayers if we had lost this case would have
been somewhere in the neighborhood of 2.75, probably, you know -- it
could have been as much as $3 million.
The expenses that are being reimbursed attributable to this case
that the Blockers had to spend to defend themself against the heavy
hand of government was the 500,000. That is significantly less than
what they would be awarded if they won.
And with that, I'm going to go ahead and call for the vote.
All in favor?
(No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 3-2 with
Commissioners Fiala and Coyle dissenting.
Item #11I
RESOLUTION 2013-57: RECOMMENDATION TO ADOPT A
RESOLUTION AUTHORIZING CONDEMNATION OF THOSE
PERPETUAL AND TEMPORARY EASEMENT INTERESTS
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February 26, 2013
NECESSARY FOR THE CONSTRUCTION OF STORMWATER
IMPROVEMENTS KNOWN AS "HALDEMAN CREEK AND
CROWN POINTE WEIRS" SEGMENT OF THE LELY AREA
STORMWATER IMPROVEMENT PROJECT — APPROVED
MR. OCHS: Madam Chair, if I may, can we take 11I next before
we get into some of the time-certain items?
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: Thank you. 11I, this item was continued from the
February 12, 2013, BCC meeting. It's a recommendation to adopt a
resolution authorizing the condemnation of those perpetual and
temporary easement interests necessary for construction of stormwater
improvements known as the Haldeman Creek and Crown Pointe weirs
segment of the Lely Area Stormwater Improvement Project.
And Ms. Margaret Bishop will make a brief presentation to get
some things on the record, ma'am.
CHAIRWOMAN HILLER: Thank you. Go ahead.
MS. BISHOP: Margaret Bishop with Growth Management
Division.
The project -- this is one of approximately 30 individual projects
that we have in the Lely Area Stormwater Improvement Program.
This project is Haldeman Creek weir, which is located -- it's labeled
Project 19, which is circled here on your map.
This is one of the five remaining construction projects that we
have left for the LASIP program for construction and design.
This project consists of two water control structures or weir
structures. There is an existing water control structure here at Crown
Pointe. Let me locate you here. This is the Crown Pointe Lake.
Water discharges over an existing weir, travels south, and discharges
to the west.
So at the Crown Pointe location we have an existing weir that's
going to be replaced because the structure is obsolete. So we need to
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February 26, 2013
acquire these parcels to accommodate the new upgraded weir.
The other weir is located in Kings Lake, and it will be
constructed across the existing channel here. We have an -- we have
existing easements to the south. We need to acquire easements to the
north for the weir to be constructed there.
So the design considerations were based on five items: Their
alternative alignments, the cost of the competing alignments,
improvements to public health, safety, and welfare, the long-range
plan, and the environment.
CHAIRWOMAN HILLER: County Attorney, is there anything
you'd like to add?
MR. KLATZKOW: No.
CHAIRWOMAN HILLER: Thank you.
May I have a motion?
COMMISSIONER NANCE: Motion to approve.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Thank you.
There being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
County Manager, can we do 11H? Mr. Chmelik is here, and it
might be an opportunity for him to present and get back to the office.
MR. OCHS: Yes, ma'am. He actually, I think, has two items,
that one and one that was moved from the consent agenda this
morning --
CHAIRWOMAN HILLER: Exactly.
MR. OCHS: -- by Commissioner Henning so --
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February 26, 2013
CHAIRWOMAN HILLER: So could we take them both?
MR. OCHS: -- if you'd like, we'll take them both.
CHAIRWOMAN HILLER: Please, thank you.
Item #11H
RECOMMENDATION TO AWARD BID NUMBER 13-6026,
"NCRWTP MEMBRANE REPLACEMENT AND INTER-STAGE
BOOSTER PROJECT," TO POOLE AND KENT COMPANY OF
FLORIDA IN THE AMOUNT OF $1,564,000, AND AUTHORIZE
A BUDGET AMENDMENT IN THE AMOUNT OF $300,000 FOR
PROJECT NUMBER 71057 — APPROVED
MR. OCHS: Yes, ma'am. Let's start with 11H, Tom. That's a
recommendation to award Bid No. 13-6026, North County Regional
Water Treatment Plant membrane replacement, an inter-stage booster
project, to Pool and Kent Company of Florida in the amount of
$1,564,000, and to authorize a budget amendment in the amount of
$300,000 for Project No. 71057.
Mr. Chmelik?
CHAIRWOMAN HILLER: The details of this project are
included in the backup, which is also available to the public online.
Could you highlight for us the reason that this is necessary?
MR. CHMELIK: It's necessary for several reasons: One, to
install the RO membranes, reverse osmosis membranes that are 13
years old, aging, and need to be replaced; and, secondly, to install
inter-stage booster pumps which allow the process to run more evenly
and save approximately $48,000 of electrical savings each year.
CHAIRWOMAN HILLER: And how long will they last?
MR. CHMELIK: They will -- the pumps will last 20 years, and
the membranes will last 10 years.
CHAIRWOMAN HILLER: Okay. So that's 4,800,000? Did
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February 26, 2013
you say 48?
MR. OCHS: Forty-eight thousand.
MR. CHMELIK: Forty-eight thousand.
CHAIRWOMAN HILLER: So 480,000.
MR. CHMELIK: And the pumps themselves have about a
10-year payback period for the costs of the pumps and their related
piping and valves.
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: Thank you. May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #11J
RECOMMENDATION TO APPROVE SELECTION COMMITTEE
RANKINGS AND ENTER INTO NEGOTIATIONS WITH
AECOM USA, INC., FOR A CONTRACT FOR REQUEST FOR
PROPOSAL NO. 13-6010, "PUBLIC UTILITIES MASTER PLAN,"
PROJECT NUMBER 70031 — APPROVED
MR. OCHS: Commissioners, the other item that is public
utilities related is 11 -- Item 11G -- excuse me -- 11J. It was
previously 16C2 on your agenda, and that is a recommendation to
approve selection committee rankings and enter into negotiations with
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February 26, 2013
AECOM USA, Incorporated, for a contract for Request for Proposal
No. 13-6010, Public Utilities Master Plan.
This item was moved to the regular agenda at Commissioner
Henning's request.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yeah. The reason I pulled it, I
noticed there in the ranking of these professionals, there was no
consideration for location of the company.
MR. CHMELIK: Commissioner Henning, Tom Chmelik, for the
record, again.
I would like to ask Scott Johnson to address that question, please.
COMMISSIONER HENNING: Okay.
MR. JOHNSON: For the record, Scott Johnson, procurement
strategist from your purchasing department.
Commissioner Henning, we look at location based on
engineering services on a project-by-project basis. For master
planning projects, we try to -- location is not an overriding factor in
the selection. It's more planning.
If they were going to be doing on-site designing and then
following up with construction services where the site visits would be
necessary, location would have been there. But when you're master
planning, we feel that's more of a planning process and could not be
necessarily called out in location but, coincidentally, three of the four
are local firms.
COMMISSIONER HENNING: Except for the one that --
MR. JOHNSON: It is in Sarasota. AECOM is in Fort Myers,
sir.
COMMISSIONER HENNING: The only -- okay. The only one
that I could find is in Orlando.
MR. JOHNSON: They have a Fort Myers office.
CHAIRWOMAN HILLER: But not a Collier office.
MR. JOHNSON: No, ma'am. It is in Lee County. The others --
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February 26, 2013
the other -- Tetratec is located in Estero, and then there's another one
that's in Fort Myers as well.
COMMISSIONER HENNING: Did you verify that?
MR. JOHNSON: Yes, sir.
COMMISSIONER HENNING: Okay. Well, our local
preference includes Lee County as a --
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: -- a local preference, but that's
for services and goods and not CCNA.
MR. OCHS: Yes, sir.
MR. JOHNSON: Correct.
COMMISSIONER HENNING: But it's the policy of the
purchasing on -- even CCNA we'll take a look at --
MR. JOHNSON: Correct.
COMMISSIONER HENNING: -- location.
MR. JOHNSON: Yes, sir.
COMMISSIONER HENNING: And -- because they will be
compensated for travel, time and travel.
MR. JOHNSON: Correct. And we did look at it on this one.
There was an internal discussion that we had. And at the end of the
day, we just didn't feel it was an overarching reason to include
location for them because it's a planning function.
COMMISSIONER HENNING: Okay. Well, you answered my
question.
CHAIRWOMAN HILLER: Would you like to make a motion to
approve?
COMMISSIONER HENNING: Motion to approve.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Thank you.
That being said, there being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
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February 26, 2013
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #14A1
RECOMMENDATION TO DIRECT THE AIRPORT DIRECTOR
TO BRING BACK A PLAN IN MARCH TO REDUCE OR
ELIMINATE THE ANNUAL FUND TRANSFER AND TO PAY
BACK THE COUNTY LOAN — APPROVED
CHAIRWOMAN HILLER: County Attorney, we have several
people in the audience that I think we can work with. Why don't we
go to Commissioner Henning's next item, which is 14A1 .
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Oh, I'm sorry. It's -- yeah, it's
Commissioner Henning's item called forward by Commissioner
Coyle. It's like a combination; two commissioners involved with this
item.
MR. OCHS: That's correct, Madam Chair.
CHAIRWOMAN HILLER: And I see Mr. Curry sitting in the
audience, so we can have him --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- address Commissioner Henning's
motion -- or recommendation.
Commissioner Henning?
Would you like to read the item? Go ahead.
MR. OCHS: Yes, ma'am, just for the record and the audience.
Item 14A is a recommendation to direct the airport director to
bring back in March a plan to reduce or eliminate the annual fund
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February 26, 2013
transfer and to pay back the county loan.
This item was placed on the agenda by Commissioner Henning,
and it was moved from the consent agenda to the regular agenda at
Commissioner Coyle's request.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I didn't pull the item. I mean, it
was on the consent agenda. It was on the --
COMMISSIONER FIALA: It was Commissioner Coyle's pull.
COMMISSIONER HENNING: -- airport authority's consent
agenda.
CHAIRWOMAN HILLER: Okay, sorry. Commissioner Coyle,
go ahead.
COMMISSIONER COYLE: Yeah. This is a really, really big
task, and I think we would be wise to establish some parameters here.
The things that we are missing here in the executive summary
and backup information are the economic benefits to the county for
having the airport. Chris Curry has presented all that before.
But let me give you some examples of potential ways this could
be done and see if the board thinks it's appropriate to even consider
certain opportunities to solve this problem. One is you can
substantially curtail operations at facilities where we're not getting an
appropriate return and focus heavily on those that are, like Marco
Island. That would leave Immokalee with substantially reduced
services and probably facilities, but it might help us get closer to
having that portion paid back over time.
Secondly, we could probably find ways to sell off some property,
maybe at the Immokalee airport, but we're going to have to find a way
to keep operating it as an airport, but -- and we could also work out an
arrangement to transfer the Everglades airport to the City of
Everglades in some way.
And -- so what I'm trying to emphasize is that there is a range of
activities we can engage in that might get us to where Commissioner
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February 26, 2013
Henning wants us to go. And I think before you send somebody out
on some open-ended kind of mission to pay back $21 million real fast,
we need to set some parameters.
CHAIRWOMAN HILLER: Thank you, Commissioner Coyle,
and you're basically summarizing what the board discussed as options,
in fact, predominantly presented by Commissioner Nance at our
workshop.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. I'm not looking for -- to
do anything that Commissioner Coyle has stated, and including a
quick payback. But it has always been assumed and, in fact, it's
always been in our budget that this is a loan to the airport.
So if we're not going to address it now, when are we going to
address it? And why couldn't we address it? We don't have to have a
timeline when it has to be paid back, but if you keep on shoving this
off, you're going to have scenarios like we had in your backup
material since 2003 till present, a continuing increase, some of it --
well, the average would be probably upwards of a million dollars a
year.
So if don't start addressing these things, then you're going to
continue doing the same thing, and that's what government does best
is continually doing the same thing. So it's no mandate. The only
mandate is, is bring back something that tells us how we're going to
pay these loans back.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: That's all it is.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. Chris, do you have any
information for us, any figures on this, or what you've done or -- I
mean, you weren't -- you didn't start all of this. It happened many
years before you were hired, but can you tell me what you're doing
now to try and improve that situation?
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February 26, 2013
MR. CURRY: Chris Curry, executive director, Collier County
Airport Authority.
I think I can put something together based on Commissioner
Henning's request that's rather -- what I consider rather simple in
nature in things that we've already implemented that I think is leading
towards being a little more self-sustainable.
As you mentioned, this debt that's been counted towards the
airports has been in place more than 10 years, and I've only been here
two and a half.
But I certainly think that some of the things that we've already
implemented, some of our thoughts going forward, you know, I can
put something together for you to take a look at as the board that I
think will lead us downward rather than upward.
COMMISSIONER HENNING: And that's all I'm looking for is
where are we going. And Mr. Curry's addressed it. They have some
thoughts. When it -- I think it would be nice to -- I think it's a great
exercise.
CHAIRWOMAN HILLER: I think it's a very important exercise
in light of what happened, for example, with Bayshore, where -- and I
wasn't kept on the ball, and repaying an existing debt wasn't looked at
from a timely and realistic perspective.
And, in fact, when I first brought it up when I was elected, people
didn't even realize they were on the precipice of economic disaster,
and now we have successfully turned that all around by focusing
attention on it.
So I'm glad to hear that Chris has ideas that will, you know, lead
us onto the path of paying back the county loan.
And I'm going to make a motion to approve. May I have a
second?
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: Yeah, I'll second it, or
Commissioner Fiala seconded.
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February 26, 2013
CHAIRWOMAN HILLER: Thank you. Who would like to
second? Which of the two of you?
COMMISSIONER FIALA: We both said "second" --
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER FIALA: -- so it doesn't make any difference.
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: Commissioner Coyle; seconded by
Commissioner Coyle.
Commissioner Coyle?
COMMISSIONER COYLE: Yes. The -- I think a review of the
airport authority loan history is -- here in this executive summary is
very informative, if we take a look at it, and I'll briefly go over it
starting in --
CHAIRWOMAN HILLER: Can I make a suggestion that we put
it on the overhead?
COMMISSIONER COYLE: Put it on the overhead. Turn it
around.
Now, look at the column titled "Total Loan Annual Increase,"
and look at starting in 2003, over a million dollars; 2004, 820-; 2005,
999 million -- or $999,000 and so forth; 1 .7 million; 2.3 million; 2.0
million; 1 .48 million. And then, whoops, guess what happened in
2010? It was only 600,000, even with all of the debt service of that
prior amount of loans.
And then 2011 it was 569,000, then in 2012 it's 344-. In 2013 it's
projected to go up a little bit more to 656. There has been a huge
decrease in the total loan annual increase since the Board of County
Commissioners became the airport authority, and there's good reason
for that, and it's the reason that we became the airport authority.
So there has already been significant improvement, and Chris
Curry has continued to focus on that issue. So that doesn't mean we
shouldn't focus more on it, and it would be good to have a report from
Chris about that, so that's why I'm supporting this.
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February 26, 2013
But it's good to hear the limits of the kinds of actions that we
want Chris to focus on. So we'll see where it goes.
CHAIRWOMAN HILLER: Well, I think --
COMMISSIONER COYLE: And one thing I think that would be
very important is that we calculate the total economic benefit to the
community of the airports, and then we would be in a position to
weigh whether or not our capital -- well, capital loans to these airport
facilities are, in fact, a good investment. So I'm anxious to get that
back.
CHAIRWOMAN HILLER: I think Commissioner Coyle is
making a couple of really good points. Looking at the ROI is
definitely something we ought to do, and the ROI ought to be looked
at also in terms of usage. When you made your presentation at the
workshop, Chris, you provided us the economic impact of each airport
in your backup material.
What should also be looked at is the number of flights by airport,
you know, just similar to the analysis that the FAA -- or the federal
government is doing when they made the decision to defund those
control towers looking at, basically, the trips that each airport is
sustaining to make the determination if the investment is worth
making.
So I think those factors should be all considered in your analysis.
Let's look at the -- what's the appropriate terminology? It's not trips.
It's touchdowns?
MR. CURRY: Operations.
CHAIRWOMAN HILLER: Is that the term?
MR. CURRY: Yes, ma'am.
CHAIRWOMAN HILLER: Okay, flight operations. Look at the
flight operations, look at the, you know, economic impact. Yeah,
absolutely.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Curry, I can tell from
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February 26, 2013
this airport authority loan history that we're all looking at at this time
-- and I'm projecting that most of the loan increases that occur each
year at this point are operational in nature.
COMMISSIONER HENNING: Correct.
COMMISSIONER NANCE: Just the cost of the operations
rather than other costs that are included, perhaps; maybe 2013 is not
that way.
But what I'm asking you is to take a look at the operations of the
airports that you currently have and perhaps suggest to us how those
might be changed as options and just let us know what the cost
benefits analysis are from your perspective.
In other words, if there's any other way to manage the airports to
reduce the annual operating loss on a cash basis, what would be --
what would we be sacrificing in order to do so?
And the other thing that I think we should look at that I don't
think is included here -- and it really has nothing to do with Mr.
Curry's management of our airport assets -- is take a look at what our
assets are and examine -- I don't think there -- I think this is a
cost-basis analysis -- what our depreciation is on our assets so that we
can truly understanding -- excuse me -- we can truly understand what
it is that we own and how we're doing overall on the asset that we
possess, because I think we own hangars and building and other things
of that nature that we need to assess, you know -- you know, are we
taking care of those sufficiently? Are we depreciating them? Are we
gaining or losing value? Where are we with our assets in the county
airports as a whole? So that may be a little different analysis than
you've got here.
But what I'm saying is, take a look at our operating costs on a
cash basis, and then also give us a summary of our assets and how you
see that. That, of course, is not within your controls, really, but it's
something that I think is going to influence what -- you know, how we
look at our airport assets.
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February 26, 2013
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yeah. At the airport workshop,
I brought the topic up about the debt and, you know, how we were
going to pay it back. Mr. Curry said he doesn't consider that a debt.
The chairman said, you know, we can't give direction at a workshop.
Why don't you do an executive summary? We can give direction at a
workshop.
You're amending my item. I'm an equal here. You can't amend
my item on the agenda, okay. So if you-all want something different,
put it on the agenda, just like I was requested.
There's a motion and a second on my executive summary, and
I'm not going to allow any amendments.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: Well, then I remove my second.
COMMISSIONER HENNING: I'll second the motion.
CHAIRWOMAN HILLER: Thank you. I will continue to
support the motion.
I don't think -- I mean, personally, as far as my comments go, my
intent is not to amend anything that you're proposing. It's merely to --
since you have said bring back a plan to reduce or eliminate the debt,
to suggest that, you know, consideration be given in the process of
putting this plan together, factors that should be considered as to how
or why that should be reduced. So, I mean, I completely support what
you're suggesting.
And I want to add one thing that I think is really, really
important, that the numbers used to develop this plan be numbers that
come from the Clerk's Office. I'm always concerned that when any
financial presentation is made that the source of the numbers used are,
in fact -- you know, is, in fact, a reliable source.
So I would like any number that is used in your financial analysis
-- in the financial analysis component of your recommendation,
Commissioner Henning, to come from the Clerk's Office. So if, you
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February 26, 2013
know, Chris needs specific information, get it from the clerk, and that
way we know that the numbers we're looking at are the right numbers.
Is that agreeable?
COMMISSIONER HENNING: I'll accept that.
CHAIRWOMAN HILLER: Okay, thank you.
COMMISSIONER HENNING: It's kind of a checks and
balance.
CHAIRWOMAN HILLER: Yeah, it's really important;
otherwise, we could be making -- we could be coming to the wrong
conclusion based on the wrong input.
Commissioner Nance? I'm sorry. Wait a second. Was that you
-- were you next?
COMMISSIONER FIALA: I think so.
CHAIRWOMAN HILLER: Commissioner Fiala was next.
COMMISSIONER FIALA: Yeah. Chris, when you're bringing
back this report, could you also -- and I don't mean to ask too much of
you, but could you also bring back what the other airports, the
executive airports or the FBOs around the state, how they're also
funded or if they're funded by the counties or if they're all debt free.
I'm just curious to find out how we are doing in relationship to other
airports, just so we get a well-rounded --
COMMISSIONER COYLE: Wouldn't you like to make it
comparable airports?
COMMISSIONER FIALA: Yes.
COMMISSIONER COYLE: You don't want to compare it to
Southwest Florida Regional, right?
COMMISSIONER FIALA: No, no, no, that's why I mentioned
FBOs and executive, but comparable. That's a better word. Thank
you.
MR. CURRY: I'll review this video tomorrow, and I'll get you
what you need.
CHAIRWOMAN HILLER: So let me help. Let me just help in
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February 26, 2013
the following manner by saying that we have a motion that's very
clear -- ouch. Sorry, my hair got caught.
COMMISSIONER COYLE: Why don't we just have the clerk
do it, and we'll -- everything will be fine.
CHAIRWOMAN HILLER: Hang on. Hang on a second. I
think Commissioner Henning's motion is clear. I think what we also
have as a consequence of the dialogue that we've engaged in is a
request for information by a number of commissioners for additional
facts and figures to be brought back to consider when you bring back
this plan. But it's not part of the motion, okay. These are just requests
for information made by individual commissioners, which, you know,
you will comply with and, you know, I -- well, by law you have to.
You don't have much choice. You know what I mean. But the point
being is --
COMMISSIONER COYLE: Have you got three nods?
CHAIRWOMAN HILLER: I don't -- I just don't want to confuse
a request for information by an individual commissioner versus a
recommendation to direct that you do a project as defined what
Commissioner Henning -- as defined in Commissioner Henning's
motion.
Enjoy reviewing the meeting.
MR. CURRY: Yeah, I'll review the video.
CHAIRWOMAN HILLER: All right. This will be the last
comment on this, because we have individuals waiting for a
time-certain.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Commissioner Henning, I did
not mean to modify your motion. All I was suggesting was types of
information or analysis that might be revealing to the board to get to
your goal, and Mr. Curry can treat that any way he wants to.
COMMISSIONER HENNING: Well, again, the board at a
workshop can give direction. We choose not to. I was asked to put
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February 26, 2013
the item on the agenda.
CHAIRWOMAN HILLER: Yep.
COMMISSIONER HENNING: Okay. I understand what you're
saying. My item I'm not going to have amended.
CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: No, I'm not trying --
COMMISSIONER HENNING: I know what you're saying. You
know --
CHAIRWOMAN HILLER: You have an individual request for
information. That's fine. But Commissioner Henning's motion
remains as-is.
COMMISSIONER HENNING: My item remains the same.
COMMISSIONER COYLE: That's what you did, you just won't
approve it (sic).
CHAIRWOMAN HILLER: Okay. With that, all in favor?
(No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 3-2 with
Commissioners Fiala and Coyle dissenting.
MR. OCHS: Madam Chair, you have a few minutes before you
can begin your 2 p.m. time-certain. You have a couple of CRA items
CHAIRWOMAN HILLER: Yes. Let's go ahead and get them
done.
MR. OCHS: -- if you'd like to go in session as the CRA.
And I'll call that first item, Madam Chair.
CHAIRWOMAN FIALA: The CRA meeting is now in session.
MR. OCHS: Thank you.
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February 26, 2013
Item #14B1
RESOLUTION 2013-58: RECOMMENDATION TO APPROVE A
RESOLUTION TO EXTEND THE IMMOKALEE INTERIM LDC
DEVIATION PROVISIONS TO A SPECIFIC DATE — ADOPTED
MR. OCHS: Item 14B1 is a recommendation to approve a
resolution to extend the Immokalee interim LDC deviation provisions
to a specific date.
Mr. Muckel will present.
MR. MILLER: Madam Chair, you have one registered speaker
for this item.
CHAIRWOMAN FIALA: Thank you.
COMMISSIONER HILLER: Who is the registered speaker?
MR. MILLER: Reverend Jean Paul.
COMMISSIONER HILLER: Reverend Jean Paul, would you
like to come up to the podium, please.
Mr. Muckel, can you tell us to what date you would like this
extended?
MR. MUCKEL: Sure. The resolution before you is requesting
an extension through June 11, 2015.
COMMISSIONER HILLER: I'd like to make a motion to
approve.
CHAIRWOMAN FIALA: Second.
COMMISSIONER HILLER: Would you like to hear the public
speaker first, Commissioner Henning, or would you like to comment?
COMMISSIONER HENNING: That's fine. I'll wait.
COMMISSIONER HILLER: Go ahead.
MR. PAUL: My name is Jean -- Jean Paul. I'm coming from
Immokalee Church of the Nazarene, and I'm not coming -- this is not
the first time. There's only one of the commissioners it's the first time I
see that -- Mr. Tim, that's only one I see for first time, and after that
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February 26, 2013
I've been here so many times fighting for the Immokalee Church of
the Nazarene to be able to erect it in Immokalee for the people there.
If I have to give a little bit story about myself before I came to
Immokalee, I was living in Miami for a number years, and I'm 33
years and one-and-a-half months since I've been living in the United
States. So which means I've passed more time in the United States
than where I was born.
And I enjoy living in the United States anyhow because I get
most of the things I'm thinking about having in the United States
where I cannot have them in my own country, and I'm very happy to
be in the United States.
And when I first came to Immokalee and I was driving around
Immokalee and I saw that town in Immokalee just like -- I can't even
describe it, but if I have to, I could do it from 1987, in September I
drove first time to Immokalee, and I was driving all around, and I saw
that city.
But I came there in the idea of having a church from my district,
they been asking me to come over there and see if we could have that
church there. And I kept driving there, and I saw all the people over
there. I talk to them, and I see the opportunity to come and having
that church over there, and then I was started.
And I see so many things people need over there, and I could
help, put myself to help, which I was asking anybody, could I do this,
because I think it's something -- it's humanity. So I could just go
ahead and do it.
Then I was living -- I was living in Miami. I've been living in
Naples for four-and-a-half years, then I've been living in Immokalee
from 1998 until now. Then I enjoy living in there, even we living -- I
believe that -- and I see and I think we living in the poorest country in
Collier County, the poorest city, because I drove over there. I spoke
to all kind of people over there. I spoke to Spanish, I spoke to Haitian
people, I spoke to America black, I spoke to white people, I spoke to
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February 26, 2013
everybody in there. Then I could understand the -- our problem there.
But most of my problem is we want to have a church over there,
and then I'm trying so many times coming to the county and haven't
been able to get through yet.
You know what? I'm not discouraged. I still have courage. And
I know one day all the commissioners are going to say, yes, Mr. Paul,
you have it now. So I'm just waiting to hear something like that, but
I'll be patient and wait.
COMMISSIONER HILLER: I have a question. Is this a
permitting issue, Leo?
MR. PAUL: Uh-huh.
COMMISSIONER HILLER: Nick?
MR. OCHS: I'm not sure, madam. I'll have to call on Nick to
see if he's got some information on this issue.
COMMISSIONER HILLER: You know, we have a time-certain,
so we can't dwell on this. And what I'm going to suggest is if this is a
permitting issue, if--
MR. CASALANGUIDA: Let me get with him off--
COMMISSIONER HILLER: Right. And that's what I would
ask.
(Chairwoman Hiller and Mr. Paul conversing in Creole.)
MR. PAUL: Before I go?
COMMISSIONER HILLER: (Answered in Creole.)
MR. CASALANGUIDA: I don't think the court reporter caught
any of that.
COMMISSIONER HILLER: We'll help after.
MR. PAUL: So if I'll be able to say one last word.
COMMISSIONER HILLER: Yes.
MR. BROCK: Just put down chairman speaking gibberish.
MR. PAUL: One last word, please.
COMMISSIONER HILLER: Hey, we're getting things done,
okay.
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February 26, 2013
MR. PAUL: Just one last word.
CHAIRWOMAN HILLER: I can't speak cracker, but I can
speak French.
MR. PAUL: Oh, you can speak French? We could speak.
COMMISSIONER HILLER: (Answered in French.)
COMMISSIONER COYLE: That would be with a Canadian
accent, which is not going to --
MR. PAUL: That's what I wanted. Could you help us to have
the extension of the master plan for Immokalee?
(Commissioner Hiller is having a conversation with Mr. Paul in
Creole.)
COMMISSIONER COYLE: He just gave up. He couldn't
understand what you're saying.
COMMISSIONER HILLER: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
MR. BROCK: Show off.
CHAIRWOMAN HILLER: Damn right.
COMMISSIONER NANCE: Maybe we just had another
settlement, Commissioner Coyle. I don't know what happened.
COMMISSIONER COYLE: I don't know how much that cost
the people of Collier County.
COMMISSIONER HILLER: Commissioner Henning has the
floor. Commissioner Henning has the floor.
COMMISSIONER HENNING: Mr. Muckel?
MR. MUCKEL: Yes.
COMMISSIONER HENNING: Do you have a contract on board
for completing the project?
MR. MUCKEL: No, we don't. The NRLDRs?
COMMISSIONER HENNING: Yes.
MR. MUCKEL: No, they are as they stand. They're referencing
the proposed Immokalee Area Master Plan, so they will need to be to
edited to delete any references to the IAMP, which we will do --
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February 26, 2013
COMMISSIONER HENNING: You mean the proposed IMAP
(sic)?
MR. MUCKEL: Yes, yes.
COMMISSIONER HENNING: Okay. Well, that's very simple
MR. MUCKEL: Yep.
COMMISSIONER HENNING: --just to do that. Now, are you
going to --
MR. MUCKEL: I'm sorry. The permanent LDRs -- the interim
LDRs are fine as they are. They've been in place now for a few years,
so we'll just extend them till 2015 and, in the meantime, work on the
permanent side of LDRs for Immokalee.
CHAIRWOMAN FIALA: I'd like to call the question, please.
MR. MUCKEL: And we do not --
COMMISSIONER HENNING: No. I'm not done. Hang on,
please.
MR. MUCKEL: And that permanent set of LDRs references the
IAMP. We'll have to go through and edit them to delete --
COMMISSIONER HENNING: Are you going to get a
contractor?
MR. MUCKEL: Probably not.
COMMISSIONER HENNING: Probably not?
MR. MUCKEL: Probably not.
COMMISSIONER HENNING: Who's --
MR. MUCKEL: Probably be done in-house. I'll work with the
county planning staff, or I'll do it myself, yeah, the permanent LDRs.
COMMISSIONER HILLER: That's great.
COMMISSIONER HENNING: Well, I don't want to take any
more of your time, but there's no reason why we can't do this
incrementally also. I'll talk to you later.
MR. MUCKEL: Okay, yeah.
CHAIRWOMAN FIALA: Motion is on the floor and a second to
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February 26, 2013
approve this.
All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: And for now we're going to recess
this meeting because we have a 2 o'clock time-certain.
COMMISSIONER HILLER: No, we're going to do 14B2.
CHAIRWOMAN FIALA: You want to do that?
COMMISSIONER HILLER: Yes.
CHAIRWOMAN FIALA: Okay. Never mind. Skip that recess.
MR. OCHS: Thank you, ma'am.
Item #1482
RECOMMENDATION THAT THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS (BCC) ACTING AS COLLIER
COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA)
APPROVE THE LOCAL GOVERNMENTAL AGREEMENT
BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT AND THE CRA AND APPROVE ALL NECESSARY
BUDGET AMENDMENTS TO RECOGNIZE THE REVENUE —
APPROVED
MR. OCHS: 14B2 is a recommendation that the Board of
County Commissioners, acting as the Collier County Community
Redevelopment Agency, approve the local government agreement
between the South Florida Water Management District and the CRA,
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February 26, 2013
and approve all necessary budget amendments to recognize the
revenue. This project is --
MR. MUCKEL: Yes. Thank you, Leo.
Just real quick. I can appreciate you have a time-certain here. I
want to make one comment on Item 6B, public petition, by Mr. Pedro
Menendez this morning.
I'd be remiss if I didn't comment on his insinuation that the
Immokalee CRA is somehow defunct as a result of the board's actions.
I would ask Mr. Menendez and his constituents to please stop
focusing on the past and join me in embracing the future. The
Immokalee Area Master Plan is water under the bridge, and it's time to
move on.
Our CRA is on the brink of making some considerable
improvements to our Immokalee. We are undertaking millions of
dollars of improvements right now while maintaining a fiscally
conservative approach to doing business, all the while, with less than
$400,000 a year in tax revenue. So I just wanted to --
COMMISSIONER HILLER: Very well said. Thank you so
much.
I'd like to add one comment to that, and then we're going to take
a vote on 14B2, if I may, and that is --
COMMISSIONER HENNING: Who's the CRA chairman?
COMMISSIONER HILLER: Oh, she is. Sorry. I forgot. Can I
just finish this one comment?
Immokalee -- everyone keeps referring to Immokalee as a town.
MR. MUCKEL: It's not a town.
COMMISSIONER HILLER: It's not. It's a neighborhood.
MR. MUCKEL: Absolutely.
COMMISSIONER HILLER: And once and for all, I think the
community needs to understand Immokalee is not a city, it's not
incorporated, it's not a special direct, it's not a town, it's not a village;
it's a neighborhood, and I just wanted to get that the record.
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February 26, 2013
MR. MUCKEL: Sure.
CHAIRWOMAN FIALA: Yes, but could we get back to the
subject? You gave a nice little speech, but it wasn't -- didn't have
anything to do with 14B2, did it?
COMMISSIONER HILLER: Motion to approve.
MR. MUCKEL: No, ma'am, it did not.
CHAIRWOMAN FIALA: Okay.
MR. MUCKEL: But it needed to be said.
COMMISSIONER NANCE: Second.
CHAIRWOMAN FIALA: Okay. I have a motion on the floor
and a second.
Commissioner Henning, are you back up to bat?
COMMISSIONER HENNING: Yes, thank you.
County staff supports this project with a jump start of$200,000,
and it's a good project to get done along with the other stormwater
projects. So I'm fully in support of it.
CHAIRWOMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes.
Mr. Muckel, thank you for your remarks, sir. I'm looking
forward. This is $200,000 that's going to assist with the Immokalee
Drive drainage improvement project; is that not right?
MR. MUCKEL: That's correct.
COMMISSIONER NANCE: Thank you, sir. You did a nice job
on the last one. I'll look forward to working with you in the future.
MR. MUCKEL: Thank you.
COMMISSIONER NANCE: Thank you very much.
MR. MUCKEL: Thank you.
COMMISSIONER NANCE: I certainly support this motion.
CHAIRWOMAN FIALA: Okay. All in favor, signify by saying
aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN FIALA: Aye.
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February 26, 2013
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign?
(No response.)
CHAIRWOMAN FIALA: And now the CRA meeting is closed.
Now you get it back.
CHAIRWOMAN HILLER: The board meeting is now open.
MR. OCHS: Commissioners, this --
CHAIRWOMAN HILLER: Back in session.
MR. OCHS: Yes, ma'am.
Item #13A
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT
REGARDING AUDIT REPORT 2012-2, COLLIER COUNTY
AIRPORT AUTHORITY: MARCO ISLAND EXECUTIVE
AIRPORT — LIMITED SCOPE: MARCO ISLAND PARALLEL
TAXIWAY EXPANSION — FAA AND FDOT GRANT FUNDING
— PRESENTED
MR. OCHS: And that leads us to your 2 p.m. time-certain. It's
Item 13A to be followed immediately thereafter by item 13B and 13C.
13A is a presentation by the Clerk of the Circuit Court regarding
Audit Report 2012-2, Collier County Airport Authority; Marco Island
Executive Airport -- limited scope; Marco Island -- excuse me --
parallel taxiway expansion -- FAA and FDOT grant funding.
And Mr. Brock is here to present.
MR. BROCK: You want me to do them in the order that they're
on the agenda?
MR. OCHS: If you don't mind.
MR. BROCK: I don't. That's fine.
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February 26, 2013
CHAIRWOMAN HILLER: Clerk, before you begin --
MR. BROCK: Yes, ma'am.
CHAIRWOMAN HILLER: -- could you explain for the benefit
of the public that you conduct the audits, that everything is held
confidential, and an audit report doesn't become public till the board
actually accepts it so they understand why we have not received this
ahead of the meeting but staff has, and their comments are included.
MR. BROCK: You know, the most fundamental reason is
because the law says that the audits are confidential until such time as
they are presented to the board.
There is a case right on point with regard to them being passed
out to the staff for their review and comment which says that that does
not comply with the requirements of the statute that they be presented
to the board, and as a consequence of that law -- but, I mean, I can go
into the fundamental reasoning behind that which is, you know, you
do not want to be getting information out before anyone, public or
otherwise, prior to you making sure that the information is correct.
And the principal theory behind that is, you know, before we
make comments about the operation of Leo's staff, I'm sure Leo would
like to know what those comments are going to be and have an
opportunity to respond to them.
And in addition to that, we may have concluded something that
Leo and his staff might point out to us was total unadulterated
nonsense which we needed to correct. So that's the primary purpose.
You know, you don't want to be putting information that is
incorrect out there. So the purpose behind the statute, in my opinion,
is to try to ensure that it is correct and complete.
CHAIRWOMAN HILLER: Thank you. So just again, for the
benefit of the public, this audit report has been confidential and will be
made public once accepted by the board and -- but staff has reviewed
everything that is in this report and has provided comments to you in
turn prior to the presentation here today.
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February 26, 2013
MR. BROCK: Absolutely, staff comments are included in the
report itself.
CHAIRWOMAN HILLER: Okay. Thank you.
MR. BROCK: The first audit that you're looking at is an audit of
a completion of a project in which we dealt with a bill paying issue at
the Immokalee taxiway project. I'm sorry -- not Immokalee. I see Mr.
Curry walk by, and I immediately think of Immokalee, but it is the
Marco Island taxiway.
If you look at -- go to the next page. If you look at the slide, you
will see the basic diagram of Marco Island taxiway and the Marco
Island airport.
Over here on the left-hand side of that particular area is, in fact, a
parking area for automobiles, which some of that parking area actually
falls into a PUD associated with Marco Island, planned unit
development.
The issue that has been before this board previously was they
were about to finish the development and the construction of the
taxiway, and it was being presented to us for final payment.
In the process of us going through and analyzing that final
payment, we spoke to county staff, worked with county staff to the
best of our ability to try to come to a resolution of an issue that we
identified for ourselves, which was that the taxiway extension project
fell into a conservation ST area. That little area where the red line is
over to the runways is a conservation ST area, or a portion of it is.
And as we began looking at that, that presented a problem, and
only for the reason that the grant request and the grant requirement
necessitated that we have all of the local permitting and zoning for
purposes of the project.
We had assured the FAA and the FDOT that all of the
submissions that had been made were, in fact, being validated and that
they, in fact, complied with all local zoning and permitting.
When we began looking at it, we originally thought that we had it
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solved. And we went to county staff and we said, you know, we don't
see any provision in the project that says when that has to be done, as
long as it gets done.
(Cell phone making noises.)
COMMISSIONER COYLE: I'm sorry. Go ahead.
CHAIRWOMAN HILLER: That's like ET in the palm of his
hand, you know.
MR. BROCK: Not a problem.
And all of a sudden, then, we met a resistance that staff had come
to the conclusion that there was not a zoning problem and that they
weren't going to correct it. Eventually they did.
When you went through and saw what they needed to do, they
needed to get proper zoning, because as that portion of the project that
existed in conservation ST required, it did not allow for airports.
In addition to that, back in 2001 there was actually a
memorandum of understanding that was done by Penny Phillippi, as
interim airport manager, that indicated that all of the parties to that
conservation project out there, including the -- what's the name of that
conservation group?
MS. GAILLARD: The Conservancy.
MR. BROCK: The Conservancy had to sign off on it. And the
representation in the application tended to indicate to us that it was, in
fact, a part of the planned unit development for Marco, which clearly
it was not.
Eventually -- I'm trying to shorten this up so we can get through
this without going through a lot of the slides that I've got. But
eventually we went through the project, and we worked it out with
county staff, and they went back and got rid of-- or they did -- got rid
of the problems and accomplished everything that was needed. They
got the ST overlay permit. It was approved. They got the proper
zoning through an amendment to the Land Development Code, and
they looked at the memorandum of understanding that was required.
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February 26, 2013
Go back to the first page.
If you look at the area that we were saying was conservation, the
part of the memorandum of understanding, or two pieces of the
memorandum of understanding that we had a problem with was -- one
of them was that the memorandum of understanding required a
conservation easement.
Well, now, if it's conservation ST to begin with, there would be
no need for a conservation easement. That was ultimately looked at
by the Conservancy and the other parties, and I think the board
received a letter actually stating this, that they did not need a
conservation easement, even though in 2001 it required that pursuant
to the MOU, and I would -- I suspect the reason for that was because
when it was first set out, it was set out as being part of that Marco
Island PUD as opposed to the conservation ST area we found it to be.
But they were all fixed, they were all resolved, and it's now
closed. It's a closed book, and we can move on. The only thing I
would suggest is that in the future, you know, when we try to work
with staff, that if this whole thing had -- if we'd had done what we
suggested should be done and ultimately was done back before this
thing all blew up, this would have been a nonissue, and it would be
over with and done.
Any questions?
(No response.)
MR. BROCK: Okay. Next item. Which one is it?
Item #13B
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT
REGARDING AUDIT REPORT 2012-7, PARKS & RECREATION
IMMOKALEE PAYROLL — PRESENTED
MR. OCHS: I'm sorry, Mr. Brock. 13B is the presentation
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regarding Audit Report 2012-7, parks and recreation, Immokalee
payroll.
MR. BROCK: Okay. This is the parks and recreation
department. This is the payroll audit that we just completed.
This particular -- go to the background page.
In this particular audit, what transpired was that parks and
recreation actually found that they had an employee that they
discovered was having paychecks written for an employee, that they
were not working, and they were being deposited or cashed by that
employee. They brought this to the attention of law enforcement.
They researched it, going to the human resources department.
And it all originated as a consequence of the parent of the
so-called employee calling when she got her W-2 indicating that she
couldn't have possibly made this much money, that she was, in fact, in
school. And later I think we learned that this may have, in fact,
affected her ability for public assistance in education.
Next page.
Okay. What we, essentially, discovered when we went in and
began looking at this was that location supervisor had approved and
falsified time cards. Now, time cards are the actual documents that are
filled out, supposedly, by the employee. And the timekeeper entered
the falsified time into the SAP, which is the financial system, to
trigger the issuance of payroll checks.
The authorized approver failed to review the time, approved and
release time, in SAP without validation, and the timekeeper picked up
printed checks. The timekeepers and the supervisors cashed the
checks at local Immokalee businesses.
Now, if you know anything about accounting, I'm not sure there
is a payroll internal control in that entire process that has not been
violated. You have people who were supposed to do their job not
doing their job. We have people who were not supposed to be doing
things doing it. For example, the person that actually prepares the
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time card should be the employee, not anyone else.
The supervisor had approved and falsified the time cards, and it
was all submitted through the process. And every internal control that
you can possibly think of was probably violated in this process.
As the county staff went through this process and picked it up,
they reported it to the State Attorney's Office.
We began looking at what transpired and said, okay, let's look at
it not just from this one particular transaction, but let's look at it from a
global perspective in relation to these job bank employees, and that's
what we did. We tested 100 percent for job bank employees at the
community center and the Immokalee Sports Complex.
Without going through all of that, one of the things that was
disturbing to us is we discovered that out of 23 job bank employees
tested, there were actually 28 employee identification SAP numbers.
I'm sorry, 25 not 23 (sic), okay.
There were time sheets that were excluded from our review
because they were not considered source documents, that is a -- there
was a list of the time sheets that were actually prepared. We looked at
the time cards where the entries were made into the SAP system and
all of the approvals associated therewith.
One of the things that was a limitation on what we could look at
was that the -- there was inability of the county department to provide
us with the source documents related to internal time schedules,
employee time cards, time sheets for testing period. Ultimately ended
up to be about two-and-a-half years.
Tested ended up -- our testing relied on the time cards that we
had and had been certified by employees and supervisors.
If you look at the next slide, the first one on the left-hand side is
actually the signature of Alyssa Navarro. That top line is the
employee's signature; we are fairly confident of that. The bottom line
is the signature that was found on the time card. Or actually, no, this
was on the payroll check for endorsement.
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The next one is another employee. The top one is, in fact, the
employee's signature. The bottom one is an endorsement on the
check.
At this point we had come to the conclusion that a payroll theft or
forgery had occurred, and the potential for theft still exists beyond that
simple employee.
You have another time card, same thing. Top one is the
employee's signature. The bottom one is the payroll check
endorsement signature.
Same thing with the next one. Another one. More of the same.
We then began looking at the time-entry process, which we
concluded lacked management oversight. For example, we had -- in
this particular one, if you look at the time card, on one of the time
cards you had them working at one location, and at the other location
you had them working in overlapping times.
COMMISSIONER COYLE: The one indicates they worked
from 1 o'clock to 7 o'clock, but the total hours was zero.
MR. BROCK: That's correct; that is correct.
COMMISSIONER COYLE: What's all that about?
MR. BROCK: We have no idea.
COMMISSIONER COYLE: Yeah.
MR. BROCK: Okay. And, you know, if you look at the
right-hand side, you will notice that there appears to be changes in the
time card. That is going to become an issue of concern for us as we
went through the process in that if there is a change made to that time
card, under the rules promulgated by the county, they are supposed to
either sign that change or they're supposed to initial that change.
So, in essence, this person, based upon their time card, worked
from 10 to 3, which is 4 hours, and then 1 to 7 which is, in fact, what,
6 hours. So we've got 9 hours, 10 hours worked there. That creates
several problems that we will discuss later.
If you have questions, I'll be more than happy to answer them.
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Okay. The next one is just a summary of our finding that you
can read in the book that I'm really not going to go through in great
detail. But parks and rec's response -- you know, we were talking
about the responses that we solicit from parks and rec staff. Here is
actually a parks and recreation management response.
Prior and subsequent to this incident, the regional manager and
supervisor were providing management oversight of the timekeeping
process, though adherence to county department procedures were not
consistent across all of the supervision groups.
Well, I mean, one of the concerns that we had was that we got the
sense from all of the feedback -- and we certainly hope this is not true,
and if it is, we would wish you to give county staff a nudge in the
direction that, you know, this is not a unserious matter, that this is
something that should be looked at, and I can assure you we found it
to be more pervasive than just the one incident that got reported to law
enforcement.
CHAIRWOMAN HILLER: Do we know if this is happening
outside of this department? Have we looked at it? I mean, do we
have a problem in other departments within this division or in other
divisions? Have we expanded the scope?
MR. BROCK: You know, parks and recreation is the same
department group we had the theft of receipts of revenue in North
Naples.
CHAIRWOMAN HILLER: I remember that.
MR. BROCK: But we looked at -- and one of the things that we
discovered as we looked at that -- we worked in conjunction with the
State Attorney's Office to try to determine the amount of the loss as
opposed to just accepting as the amount of the loss to be the amount
that the individual confessed to.
CHAIRWOMAN HILLER: No, we understand.
MR. BROCK: And we were incapable of doing that because of
the lack of controls.
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Primary of concern was that they were, basically, taking in cash
and putting it in a drawer, and as anybody that's ever been in business
knows, that is just an invitation to start kiting the cash. You know,
you borrow from Peter hoping you can pay it back tomorrow, and it's
not long before you can't pay it back at all. Okay.
I mean, Megan is actually one of the auditors in the auditing
department and finance, and she tells me that we're in the process of
looking at some of the other ones that have been identified as problem
issues through the financial system as opposed to implementing an
audit and that they will probably be beginning audits of other
departments as well, but that has not started yet.
One of the problems that we identified, or the problems,
basically, that we identified, are listed on the next page. If you look at
the top, obviously, that's the correct procedure that should be
followed. The location supervisor approves the employee's time card.
The employee time -- fills it out, signs it, and you have a supervisor
who then approved who hopefully would be familiar with whether the
employee actually worked.
The next one, the timekeeper, who is different, you know,
segregation of function, enters the time card information in the payroll
system, which is the financial SAP software.
Then you have an authorized reviewer or approver. He reviews
the -- and approves the releases of the time into the SAP process. So
you have another segregation of function.
And then checks are picked up in administration and distributed
to the employees by people who are familiar with whether or not they
worked.
If you'll go back to what transpired in this particular scenario,
you will recall that basically none of those actually took place with
any degree of reliability.
And the Immokalee Community Center location, the supervisor
was the timekeeper. The timekeepers have reviewed, approved, and
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released time in SAP. The regional manager has approved, signed
employed time card and reviewed, approved, and released time in the
SAP.
So you have basically eliminated all your segregation of
functions that are commonly referred to as internal controls, and you
are ripe for the taxpayers' pockets to be pilfered. Yes, ma'am.
CHAIRWOMAN HILLER: The time-entry process steps for
segregation are clearly defined in the county's manuals, correct?
MR. BROCK: That's correct.
CHAIRWOMAN HILLER: So they basically -- management
was just not enforcing the internal controls and, as a consequence, this
happened?
MR. BROCK: I think that is a fair statement. I think the controls
were absolutely in place. You know, basically, if-- because you have
a four-step process of segregation of function. You have the --
CHAIRWOMAN HILLER: Right.
MR. BROCK: -- employee preparing the time card. You've got,
then, the employee and a supervisor signing it. In theory, you're going
to see that that didn't occur. Then it goes to another person for review.
So, I mean, you had all of these controls built in that were just
ignored. Okay.
The next one --
COMMISSIONER COYLE: Can I ask you a question, Mr.
Brock?
MR. BROCK: Yes, sir.
COMMISSIONER COYLE: Does there appear to be any
collusion among employees to avoid these checks, or is this just pure
incompetence?
MR. BROCK: No. There was clearly, in this particular
individual, collusion.
COMMISSIONER COYLE: Okay.
MR. BROCK: There may have, in fact, been some collusion
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with the employee. You're going to hear about some information that
we were able to obtain that -- you know, this may have been collusion
between a couple of employees and -- or, I mean, a couple of
supervisors and the employee. Employee wasn't even here.
But it is pervasive -- we discovered it to be pervasive in the entire
job bank program at both of these two Immokalee locations.
CHAIRWOMAN HILLER: We don't know whether or not any
of these supervisors were getting kickbacks for allowing this to go on?
MR. BROCK: Well, I mean, I think you're fixing to discover
that they were getting more than kickbacks. They were actually
taking the check and cashing it and putting it in their pocket.
CHAIRWOMAN HILLER: Oh, wow. That's like -- yeah, that is
a little more than a kickback. That's like the whole enchilada.
MR. BROCK: I mean, you're actually going to -- or we found
information that led us to believe that the employee might have been
involved, the employee who was supposedly having the time card
prepared for them and wasn't really there --
CHAIRWOMAN HILLER: So it was the employee was --
MR. BROCK: -- as a consequence of signatures showing up on
documents that were hers and being deposited into her bank account.
It was one of the things that we found a little amazing, I guess
one might say, is that the mother is the one who originally broke --
brought this up as a consequence of it having an adverse impact on
student assistance. But once it was brought up and we began looking
at it, we never heard from her again.
The next process that we began looking at was actually the time
card. And we discovered that -- go back where? Okay. Go back to
this one.
As we went through, there were 639 time-entry errors detected.
This was over a period of about 25 employees or 28 SAP numbers,
biweekly checks for two-and-a-half years, but part of the problem here
was that about 29 percent of the physical documentation relative to
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this we could not find. It was not provided to us.
And I would, in fact, suggest to you that --
CHAIRWOMAN HILLER: Can you -- hang on a second. What
did you just say?
MR. BROCK: We could not find the original documents or the
documents of original entry for the payroll.
CHAIRWOMAN HILLER: How is that possible?
MR. BROCK: Nobody had them.
CHAIRWOMAN HILLER: That's not possible. These are public
records.
COMMISSIONER COYLE: It's possible.
MR. BROCK: Well -- can you turn that on. Can you zoom in on
that.
I mean, I know what it says. Can you-all read it? That's the
GS 1 . That's the Governmental Services Department, the Division of
Archives of the Secretary of State regulatory requirements for
destruction and retention of official -- not official, but public records.
You will see that the time retention requirement is that portion in
yellow which is three years, assuming the audit has been completed.
All of these would have fallen within that time frame of three years.
And we found about 29 percent of the original documents, or the
documents of original entry, were not available and had been
apparently destroyed. Okay.
CHAIRWOMAN HILLER: So we have another criminal
violation related to public records destruction?
MR. BROCK: I think you've got -- I used to do that for a living.
I don't do that anymore. I think he's sitting back there.
CHAIRWOMAN HILLER: Are you going to give us a summary
of--
MR. MOLENAAR: No.
CHAIRWOMAN HILLER: I would actually appreciate a
summary of the -- I mean, if you have a pending case of what the
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allegation are -- not -- I mean, you can let him finish his presentation,
but I would really --
MR. MOLENAAR: I'll let him finish.
MR. BROCK: I think Your Honor -- I mean, not Your Honor -- I
think, Ms. Chairman, you will find that most what he's got he's gotten
CHAIRWOMAN HILLER: Can you come up? Can you come
up?
MR. BROCK: -- he will have gotten from what we're presenting
here today.
CHAIRWOMAN HILLER: No, I'd kind of like to hear it from
the horse's mouth, too.
MR. BROCK: You may hear it from his mouth.
CHAIRWOMAN HILLER: I'm not saying you're not a horse,
but two horses.
Go ahead. Wait till he's done, and then if you could summarize
MR. MOLENAAR: Absolutely.
CHAIRWOMAN HILLER: -- the criminal activity.
Go ahead.
MR. BROCK: Okay. We had 303 input error out of the ones
that we examined. We had 330 calculations errors and six other
errors.
CHAIRWOMAN HILLER: Could you get it back on the
overhead.
MR. BROCK: I'm sorry?
CHAIRWOMAN HILLER: Could we get it back on the
overhead.
MR. BROCK: Now, there are a multitude of problems that can
be caused as a consequence of that of which -- not the least of which is
the taxpayers can have their coffers pilfered.
But in addition to that, you know, you have EEOC issues
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associated with overtime pay that could be raised. And what they're
going to look to based upon our communication with the external
auditors and the people that are involved in this is they actually look at
the time, not the addition. So they're going to be looking at the time.
The -- go to the next slide. Oh, you've got the slide.
And if you look here --
CHAIRWOMAN HILLER: And just to -- can I interrupt you?
That's to clarify Commissioner Coyle's question, because he said, you
know, the time went from 1 o'clock to 7 o'clock, but it's totaled as
zero. So they ignore that zero. They actually look at -- you know, she
claims she worked from 1 to 7, which is six hours. That's what should
have been reported notwithstanding, you know, the calculation.
MR. BROCK: Well, that's what, as -- we have been told, and
we're certainly not experts in the EEOC compliance, okay. But we
have been told that what they look to is what is the time that is logged
in and logged out. The rest of it is serfage (sic).
CHAIRWOMAN HILLER: Right.
MR. BROCK: If you look at the one that's on the screen, the
person apparently worked from 2:30 -- we're not sure 2:30 a.m. or
p.m. to 1 :00, and that's nine hours. I'm not sure how we got to where
they got to there.
But you -- then they worked from 1 :30 to 9:00. That is, what,
seven-and-a-half hours. They've got six hours in the total hours.
Okay. If you recalculated it, is what we did, we recalculate the time
card, there's 18 hours there. SAP reported six.
Now, I think it would be hard to fathom the process by which
someone worked from 2:30 to 1 :00, but we got one even better than
that here in just a little bit. They worked all 24 hours in one day.
COMMISSIONER COYLE: That should have been 12:30 to
1 :00 there, because they come in early in the morning on all the other
days. I guess 12:30 is about when they start. Rather than 2:30, it
should have been 12:30.
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February 26, 2013
MR. WILLIAMS: That's correct.
MR. BROCK: But let's go back. Maybe we can get some insight
into why this is this way. This time card was signed by Joseph Bony.
Joseph Bony is the employee who was apparently creating the
fictitious time cards for the employees. But all of these scream that
the controls were just being absolutely and totally ignored.
The next one is a very similar calculation error. I guess one of
the requirements of all employees should be you can add at least to 10.
One to four is three hours, not four.
COMMISSIONER COYLE: One, two, three, four.
MR. BROCK: Were you working there?
CHAIRWOMAN HILLER: No, but I think he would like to.
MR. BROCK: As you can see, we recalculated it on the right,
and those were the times reflected. That was Sandra Ramos. She was
Immokalee Community Center location supervisor.
MS. GAILLARD: Married to Mr. Bony.
MR. BROCK: Married to Mr. Bony, by the way. And we all
know who he was, right?
CHAIRWOMAN HILLER: Uh-huh, no.
MR. BROCK: No. Well, let's go back. He was the employee
that was taking the employee's payroll check over to the cashing
station and cashing it, and that was his wife.
The calculation in inputting overtime errors continues. Without
belaboring the point, it just keeps going through the process. In this
particular situation, though, I find it a little bit strange in that the
actual time in SAP was 32, but it -- does it calculate up to be 40? It
adds up to 40. We can find nowhere where the employee complained
that they got underpaid.
The next one is another Joseph Bony situation. And this one
we've got a couple of problems. We've got a change that occurred
without a signature of the employee, and I'm assuming that was to
make it work to come up to six, but we don't know. But the policy of
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the county is that all changes must either have an initial of the
employee or a signature of the employee.
This one is actually -- if you go back to the one with the six on it,
this is actually the one where you go into the system and discover that
it was input into the system that the employee worked all 24 hours that
day.
Continuation of the input errors. You have 19; the system shows
three and a half. 13.5; the system shows zero. And what is even
stranger is, to our knowledge, we found no corrections of the
employee's time to indicate that it was corrected. So we find that a
little bit confusing as to why the employees would not be speaking up,
so to speak, if they were getting underpaid.
COMMISSIONER NANCE: I have a question. Are these time
cards supposed to be filled out on a daily basis?
MR. BROCK: Yes, sir.
COMMISSIONER NANCE: It's obvious to me, by just looking
at the examples you provided, that these time cards are not being filled
out on a daily basis. They're probably being filled out at the end of
the week trying to recapitulate what somebody's working. Because if
you look at the way they're filled out, being somebody that's looked at
50 quadrillion time cards, I can tell you that's what's happening here,
and what's happening is they're trying to back into a number of hours
during the week, and they don't know how to do it.
MR. WILLIAMS: Could I respond? May I?
MR. BROCK: Sure.
MR. WILLIAMS: Yeah. Hi, Barry Williams, parks and
recreation director.
Just to respond to your question, there is certain times -- and you
have to understand that, you know, we're dealing with job bank
employees. Typically these are teenagers.
COMMISSIONER NANCE: Yes.
MR. WILLIAMS: One of the things that they do, they work
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seven days a week in some of our locations. When the payroll period
ends, some of the times we have to protect the time in order to meet
the payroll guidelines. So what we have them on as the schedule,
we'll put that time anticipating that's what they'll work. Often what
happens with teenagers, things change, and so those numbers adjust.
So we are working with a different system. You know, human
resources is changing the process where we don't have to do that any
longer, so that's going to help a lot. But thank you for letting me insert
that.
COMMISSIONER NANCE: I'm just suggesting to you why you
have some of the errors that you're seeing, because it's --
MR. BROCK: But that didn't escape us. If you look at the color
of the ink on each and every one of them --
COMMISSIONER NANCE: They've been filled out at one
moment, yes.
MR. BROCK: Right. But you know, projecting the end-of-week
work on the second week of the pay period is nothing unique to the
job bankers. That occurred with every county employee until we just
very recently changed that process.
COMMISSIONER NANCE: Yes.
MR. BROCK: Okay. I mean, the policy is what the policy is --
COMMISSIONER NANCE: Yes, sir.
MR. BROCK: -- and it's there for a purpose, and that is to create
the internal controls to prevent just what we're seeing happen from
happening.
CHAIRWOMAN HILLER: Commissioner Fiala, would you like
to comment?
COMMISSIONER FIALA: Just a second, if you don't mind.
MR. BROCK: Sure.
COMMISSIONER FIALA: So once somebody fills these cards
out, then is -- and assuming that it was the employee --
MR. BROCK: Correct.
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February 26, 2013
COMMISSIONER FIALA: -- and then the supervisor is
supposed to sign them, are they supposed to add it together, or does it
go from the supervisor then to another department, or does payroll
verify it? How does that work?
MS. GAILLARD: Megan Gaillard, for the record.
The way it works is the employee fills it out, the location
supervisor reviews it, recalculates it, and signs off on it. Then it goes
to a third person, which is a separate party, the timekeeper, who re-
verifies everything. And if it re-verifies, they enter it into SAP, which
is the payroll system.
Once it's entered into the SAP system, the authorized approver,
who is typically the regional manager, re-reviews the physical time
card, compares it to SAP, validates it, and releases the time for
payment. Then it gets paid, and human resources and finance do a
separate review, but they never see the time cards. The time cards are
the responsibility of the department.
COMMISSIONER FIALA: So it goes through four people
before it gets to you?
MR. BROCK: That is correct.
COMMISSIONER FIALA: Thank you.
MR. BROCK: You know, you're fixing to see me throw us
under the bus here in just a minute. So we're not squeaky clean here
either.
You know, parks and rec's management response actions
establish a central ongoing post-audit of payroll records for each
payroll period. I mean, I put this in here, I guess, to point out what I
perceive to be government at its worst, which is when the people who
are supposed to do their job can't do it. We'll hire somebody else to do
it? When errors are detected, they are promptly corrected the next pay
period. We discovered that wasn't the case. And new procedures will
be formally memorialized through the CMAs, which are the policies,
okay. But, you know, that probably means nothing other than I just
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found that to be amazing.
The responses as we looked at them, in our humble opinion,
appeared to minimize the amount and severity of the problem. You
know, just out of what little bit we looked at here, you know, we're
talking about $24,000 worth of errors, variance either up or down.
We're talking about 13,000 estimated underpayments, 10,000
estimated overpayments, and it appeared to be that this was just
pervasive of the processes where we were looking.
It appears parks and rec has complied -- has not complied with
the fair labor standards. As I explained, we understood it, in 90
overtime errors, 99 input errors, 77 calculations errors, and four
employees working at multiple locations. We actually had some
occasions in which people were working at multiple locations at the
same time.
I've already gone through the next one. Megan, let's go to -- skip
that one. Move on.
Staff does not anticipate this exercise will undercover -- this is
parks and rec's response -- uncover significant unpaid balances.
Human resources -- and I want to compliment human resources.
Human resources was involved in this process as we went through it,
and they should get the accolades that they deserve for working with
us and recognizing the problem and doing the things that were
necessary to try to solve the problem. I could not say anything bad
about what they did in terms of this process. They stepped up to the
plate as we went through this.
Go to the next one. Let's move on.
Original time-entry documents were altered and corrections were
not properly approved by employees. As you can see in this one, you
know, one of the things that specifically prohibited on the time cards
is you're not supposed to be using Whiteout, and that seemed to be one
of the pervasive processes that was used.
The time cards didn't add up. If you see -- if you look,
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Commissioner Nance, it appears that they used the same ink here. I
think that goes to the point you were trying to make.
Here is parks and recreation management's response and our
actual response to it. I'll let you read this without going through it.
Here are some situations in which, you know, you find that the
employees did not sign the documents, okay. Signature on file; we
could find absolutely no provision for use of a signature-on-file
provision. I mean, and that just screams for lack of internal controls.
Then you find them with no signature at all, but you've got --
amazingly, you've got the supervisor signing them as having been
complete. How could they do that?
Here we have a situation in which it appears that the employee
signed and the supervisor didn't sign. Oh, supervisor signed on the
wrong line. I've been corrected, okay. So it's the employee that didn't
sign. Another example of deficiencies.
Inaccuracies in time as reported from 9 to 2. That's what, nine,
10, 11, 12, 1, 2. That's four. And from 1 to 7, that equals nine.
Parks and recreation policy, here is the policy. If you want to go
through it, it's there. There's parks and rec's management response and
our response to it. Without spending a lot of time reading what you
can read yourself, you can find it in the audit report. Those are
basically a summary of them. There are some more parks and rec's
response and our comments with regard to it.
Keep going. Let's bring this to an end.
We tried to show you some of parks and recreation's response
and our comments to it so that you could understand our concern that
maybe they aren't quite taking the degree of concern that we thought
should have been taken.
This one is a situation in which it was allocated to the wrong cost
center, okay. For example, they worked in one location, and it was
actually posted to another.
Our concern there was that they were trying to avoid having to
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do a -- and this is supposition on our part -- that they were trying to
avoid having do an amendment to get it to where it needed to be.
Keep going. I mean, this is a system problem -- it's not a
problem, but it's a system control that seemed to be ignored by the
data entry people that were doing this and filling out these documents.
The IT-27 cost distribution screen actually overrides all of the
processes of distribution within the SAP system. So regardless of
what else you do within the system, that is going to control it, and it
appears that no one understood that and, as a consequence, it was
being allocated improperly.
COMMISSIONER NANCE: Mr. Brock, do you know how
many different employees are working in this -- in this location that
you're reviewing?
MR. BROCK: Well, we examined 25 employee time cards.
COMMISSIONER NANCE: Is that the total -- you examined all
of them? You took a sample of all?
MR. BROCK: All of them we actually could get. You're fixing
to see how many we couldn't get.
COMMISSIONER NANCE: But, I mean, there's 25 folks
working there?
MR. BROCK: Twenty-five, and they had 28 SAP numbers.
COMMISSIONER NANCE: Okay.
MR. BROCK: Let's go on over and bring this to a --
CHAIRWOMAN HILLER: So if I understand correctly, there
were three phantom employees?
COMMISSIONER HENNING: No.
MR. BROCK: No.
CHAIRWOMAN HILLER: But you said 28 SAP numbers.
COMMISSIONER HENNING: Twenty-five.
CHAIRWOMAN HILLER: And 25 employees.
MR. BROCK: The employees had multiple SAP numbers.
CHAIRWOMAN HILLER: Were they collecting payroll twice
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over on two different numbers?
MR. BROCK: Well, I mean, we can show you.
CHAIRWOMAN HILLER: Who assigns the SAP number?
MR. WILLIAMS: The SAP numbers -- Barry Williams, parks
and recreation director.
Just to answer the question -- and certainly the clerk's, you know,
response to that question as well. I mean, in past practices, in
Immokalee in particular, we have part-time employees that work for
us year round, and in the summer we provide summer recreation. So
instead of hiring another employee, we would extend them from a
20-hour workweek to 40 hours.
And so what we would do is -- they have an established SAP
number associated with their regular part-time status. We would
assign another SAP number for them in their work as a summer camp
recreation worker. So that expands their 40 hours.
We've looked at that process and recognized the difficulties in
that, and we no longer do that. But that's the explanation I can offer.
MR. BROCK: The problem associated with that, ladies and
gentlemen, is if you have an individual that works 20 hours, their
benefits are remarkably different than someone who works more than
20 hours. So when you do that, you've just created an internal control
nightmare.
CHAIRWOMAN HILLER: You have, but I'm going to go back
to my question. Who gives out SAP numbers?
MR. WILLIAMS: That is a process of the hiring. Every summer
we'll hire the additional staff members. We will -- the SAP number's
created through human resources. A personnel action report is
completed that would identify that separate number.
CHAIRWOMAN HILLER: So human resources is generating
the second SAP number?
MR. WILLIAMS: Yes. I don't know if you'd want to respond to
that or --
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CHAIRWOMAN HILLER: I just don't understand how, you
know, given the impact on benefits, HR would assign two separate
numbers in that fashion.
MS. LYBERG: Amy Lyberg, human resources. There were
circumstances like Mr. Williams explained that you have a regular
part-time employee, and then for a limited period of time, there's a
separate ID number assigned.
There are occasions when the part-time employment and the pay
for that employee could be different. Could be at a higher rate, could
be at a lower rate than the position for which we're hiring for the
summer.
So there is -- it's difficult to pay the same -- if you've got two
different rates of pay, we would need to assign a separate ID number
so we could pay according to the work they're doing at potentially two
different --
CHAIRWOMAN HILLER: Positions?
MS. LYBERG: -- two different positions within the county.
As Mr. Williams explained, that practice has gone away that --
we'd done away with that, I believe, three summers ago, and that no
longer is the case. If we have a situation, we work with parks to
ensure that if they're working a full 40 hours, we're compensating
them under one SAP ID number.
CHAIRWOMAN HILLER: Yeah. I think that's exactly what
you have to do, because otherwise you have major problems. But at
least I'm glad to hear that HR is assigning the SAP numbers, because I
would really worry if, you know, someone other than HR -- like if--
MR. BROCK: My staff were dealing with human resources.
CHAIRWOMAN HILLER: Right. No -- and I'm really --
because, seriously, if, like division staff was assigning the SAP, I
would really be concerned. But I'm happy to hear that the issue is
addressed through HR and that HR has taken the proper measures to
rectify what clearly would be problematic.
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MR. BROCK: Okay. Go to Page 43.
CHAIRWOMAN HILLER: Clerk?
MR. BROCK: Yes, ma'am.
CHAIRWOMAN HILLER: We have to give our court reporter a
break. What I'd like to do -- I mean, if you could --
MR. BROCK: I will try to bring this to a close real quick here.
CHAIRWOMAN HILLER: So that we can do the third audit
after the break. So if you could bring this to a close, I'd like the -- our
economic crimes prosecutor, Mr. Molenaar, to very quickly surmise
for us the criminal allegations, and then let's take a break for 10
minutes.
MR. BROCK: Go to 40. Page 40, you will see -- you've got a
time card here. Somebody put four hours into the SAP system when
the time card had absolutely no time reflected on it.
Go to Page 44. Okay. If you go to Page 44, you will see that --
CHAIRWOMAN HILLER: That's 43.
MR. BROCK: I'm sorry, 43. There were 32 requested -- we got
32 that we requested, and 35 were not received. Okay. That's --
what's ISM -- IMSC?
MS. GAILLARD: That's the sports complex.
MR. BROCK: Sports complex, okay. Then IMCC we had --
we've got 69 that we'd requested, and 22 were not received. Okay.
CHAIRWOMAN HILLER: Can we go back to that one. You
mean that you requested 35 and you did not receive 32?
MR. BROCK: No. We requested and received 32.
CHAIRWOMAN HILLER: Oh, you requested and received,
okay.
MR. BROCK: There were 35 that we requested that were not
received.
CHAIRWOMAN HILLER: So you basically only --
MR. BROCK: Fifty-two percent were received and 48 percent --
CHAIRWOMAN HILLER: I see.
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MR. BROCK: -- we were told they didn't have.
CHAIRWOMAN HILLER: You only received half of what you
-- okay. I see.
MR. BROCK: Other way; 52 percent at IMSC we did not get of
the time sheets. At the IMCC --
CHAIRWOMAN HILLER: That's a lot of missing records.
MR. BROCK: -- we did not receive 34 percent of the time
sheets. We did not receive a total of 31 percent of the time cards.
CHAIRWOMAN HILLER: So we have serious public records
control issues in addition to payroll fraud issues, in addition to payroll
negligence issues.
MR. BROCK: Right. You know, one of the issues that we
discovered in this process that I think I would be remiss if I did not
bring it to your attention is that when the reporting of Mr. Bono's
actions -- Bony's actions to the State Attorney's Office took place,
there was not a mention of there being any potential involvement by
the employee whose time cards were being altered.
Okay. However, in the course of discussing this with some of the
county staff, we discovered that a telephone call took place in which
two members of the county staff remembered very clearly that the
parties acknowledged that --
CHAIRWOMAN HILLER: You have to talk into the mic,
please.
MR. BROCK: The parties acknowledged that the employee was
in collusion, but that was never brought to the attention of law
enforcement. But, you know, one of the reasons that may have been
was one of the people that we spoke with indicated that he did not
hear that consideration, but the other two did.
Okay. So that is basically the sum and substance of what we
found as we went through the audit.
COMMISSIONER NANCE: Mr. Brock, are all the -- are all the
time cards from parks and recreation manual time cards, are they only
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manual at minor locations?
MR. BROCK: I don't know the answer to that at this point in
time. All we were looking at at these two locations were manual, but I
think they're manual everywhere, aren't they?
MS. GAILLARD: I'll let Barry answer.
MR. WILLIAMS: Again, Barry Williams, parks and recreation
director.
The time cards for hourly employees are manual in most
circumstances. The only exception is Sun-n-Fun Lagoon. We have a
time clock system where time is recorded that way.
COMMISSIONER NANCE: How many total employees do you
have, sir? Do you have any idea?
MR. WILLIAMS: I have approximately 200 FTEs that are full
regular -- regular full and part-time employees. I have about 125, 150
that come on every summer as job bank employees. They work with
us for concessions, lifeguards --
COMMISSIONER NANCE: Just part-time people for --
MR. WILLIAMS: -- summer camp counselors, yes, sir.
COMMISSIONER NANCE: -- part -- at least part during the
year, maybe 40 hours, but they only work for you for a short period of
time during the year?
MR. WILLIAMS: That's correct.
COMMISSIONER NANCE: All right, sir. Thank you.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Just a fast question either one
of you can answer. I notice these are a couple years old, a few years
old. Being that they were all identified, have efforts been made to
correct this problem so it doesn't happen again?
MR. WILLIAMS: Boy, I sure hope so. I think that's the one
message I'd want to leave you with today is when this was brought to
our attention, and even before that, we took steps to prevent this.
And I do appreciate Mr. Brock's comment about the added
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employee, and I respect his opinion there, but we do have an
employee that's overseeing the entire payroll every payroll cycle --
COMMISSIONER FIALA: Since this time?
MR. WILLIAMS: -- to look for mistakes. Yes. It's a very
complex process. We do need somebody to look and do quality
control for us, and we've added that. And we've done that since June
of last year.
And so when we see -- people still make mistakes. I won't deny
that. But the mistakes are corrected right then versus going
undetected. So that's what I can offer you in that.
COMMISSIONER FIALA: Well, that's a good result, after
finding out you have a problem, that you fix it rather than let it
continue on.
Thank you.
MR. WILLIAMS: Yes, ma'am.
MR. BROCK: Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. BROCK: Do you want to take a break?
CHAIRWOMAN HILLER: No. I'd like to hear on this
particular issue so we can conclude this audit.
Mr. Molenaar, could you state for the record who you are.
MR. MOLENAAR: Sure.
CHAIRWOMAN HILLER: And what you do.
MR. MOLENAAR: Good afternoon, Commissioners. My name
is James Molenaar, and I'm a prosecutor here in Naples, Florida. I
work for the State of Florida, but I also work with the Collier County
Economic Crimes Unit, which is a combination of state attorneys,
other investigators, and the Collier County Sheriffs Office.
I was simply here as a spectator today, but you've asked me to
address, so I've got a little bit of authorization.
I'm sure you're going to be asking me about the presentation Mr.
Brock did. While I'm not a spokesman for the Sheriffs Office or the
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State Attorney's Office, I can confirm that there is an ongoing criminal
investigation regarding the allegations Mr. Brock has brought forward.
Detective Keith Higgans is the investigator with the Collier
County Sheriffs Office who's heading up the criminal aspect and the
law enforcement aspects of that.
CHAIRWOMAN HILLER: Thank you. I appreciate it.
COMMISSIONER HENNING: Madam Chair, the request is to
accept the audit report, and I'll do -- make that motion to do so, but I
want to digest this, and I might have questions or may put something
on the agenda in the future.
MR. BROCK: Commissioners, actually, I don't require you -- or
there's no necessity that you accept it.
COMMISSIONER HENNING: Oh, okay. My mistake.
MR. BROCK: That's fine. You may accept it if you want to or
reject it if you want to, but you've got it, and it becomes public upon
my presentation to the board.
CHAIRWOMAN HILLER: And you will be putting this on your
website for the citizens of the community to read?
MR. BROCK: That is correct.
CHAIRWOMAN HILLER: Thank you. And what is that
website?
MR. BROCK: www.collierclerk.com.
CHAIRWOMAN HILLER: Thank you.
MR. BROCK: Go into the finance section, and you will -- find
the auditing, and you will find the auditing reports.
CHAIRWOMAN HILLER: We have one more audit to address.
We're going to take a 10-minute break for the court reporter, and then
afterward I'll open up discussion for the board to address their
concerns about what we're hearing today.
We do have a 3 o'clock time-certain, which will be delayed since
this is 2 o'clock time-certain is ongoing. We'll recess now and return
at 3:21 .
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(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seat.
Madam Chairwoman, you have a live mic.
CHAIRWOMAN HILLER: Thank you. We're back in session.
MR. OCHS: Commissioner, I believe we have one final internal
audit report from the clerk.
CHAIRWOMAN HILLER: We do. And just for the benefit of
those who have joined us, we're continuing our 2 o'clock time-certain,
which is the presentation of three audits by the Clerk of Courts.
We're currently on the last of the three audits. And once this
segment is concluded, then the time-certain related to the tourist
development budget amendments will be coming forward.
Clerk?
Item #13C
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT
REGARDING AUDIT REPORT 2012-8, PARKS & RECREATION
IMMOKALEE SPORT COMPLEX: CASH COUNTS: 2011
FISCAL YEAR END AND 2012 FOLLOW-UP — PRESENTED
MR. BROCK: The next and final audit I have to present today is
another audit of the Immokalee Sports Complex, but it is cash
accounts.
In 2011 we went out and did an audit of a lot of various and
sundry cash locations and found a lot of different things that we
reported. And this was, in fact, a follow-up audit that occurred
relatively -- or started relatively shortly after the original audit was
completed, and the results were published to see whether or not they
were making the corrections necessary.
You know, as you look at an imprest cash fund, I mean, it's
basically the cash drawers. You know, the drawer where you make
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small payments for things associated with the operation of the office.
You've got a very small cash box. And what you do is when you take
cash out, you put in a receipt. When the box needs replenishing, in
theory, the receipts are then given to the accounting department; the
accounting department records the receipts and replenishes the cash
box.
One of the things that is absolutely critical in that process is the
segregation of duties and the control of individuals who have access to
that particular cash box so that you know who it is, you know what's
going on, and everything can be tracked so that if someone does walk
off with it, we know why.
One of the things that we found was that the certificate and
request of imprest forms have not been updated. That means that the
imprest forms indicating who has access to the cash drawer had not
been updated and that when we sent out the certificate to identify the
people that had access to that, they were not being sent back. Okay.
The annual confirmation was what was not being sent back with
regard to the certificate.
The cash logs didn't seem to be controlled. One of the things that
we discovered was there was a -- not a key for locker fee revenues, so
they were just posting it to pool pass revenue. Manual keys were
being used to open the cash drawer as opposed to, you know, only
opening the cash drawers when you have a sale, or if there is a
no-sale, you use a no-sale, and there would be no cash exchanged.
But if you use the manual key, you have no control over when the
money goes in or what it goes out for.
Deposits have not been made in accordance with the county's
policy. Now, you know, this one is a biggy. Okay. This was what
was happening up in North Naples. When the individual walked off
with the taxpayers' money in North Naples, what was transpiring was
the revenue would come into the office, and as opposed to, on a daily
basis as they should be doing, it would get deposited into the bank, it
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was being put in a box under the supervisor's desk, and the supervisor,
you know, when he needed a little for whatever it was that he was
doing, he took a little of it, thinking that, well, you know, I will make
it up tomorrow, and it ended up costing the taxpayers and him; him a
criminal record and taxpayers money. That is a result of not making
the deposits on a daily basis.
Now, we understand that there are some problems associated
with doing that, but one has to make the decision as to whether or not
-- now, this is in Immokalee, folks. And, you know, we don't have a
bank in Immokalee, but I have a courier that -- actually, I no longer
have the courier since my budget was cut. Larry Ray has the courier
that goes out there to that facility every day. So, you know, they
could, in fact, transport money. They transport money from my
satellite in for me to make deposits, so they could do that without any
difficulty whatsoever.
They are now, and I'm fixing to make a comment that I neglected
to make with regard to the parks and rec staff, but I'll make it in the
end of this one since both of these relate to parks and rec.
Parks and recreation staff were unable to locate an entire manual
calculator (sic).
CHAIRWOMAN HILLER: Cash drawer.
MR. BROCK: Cash register, not calculator. Cash register. But,
you know, the important thing about that is that cash register has
control data in it, and we can't find it, so it was written off.
I find it very difficult -- and, you know, the thing that concerns us
about that is it has data stored in there; if we had been able to have
acquired the register, we would have been able to gone in and
acquired the underlying data as to what went into it. Well, it was
completely missing.
The conclusions are, basically, the Clerk's Office needs to work
with Leo and his staff, and they need to work with us to try to shore up
these policies. One of the things that we have experienced with Barry,
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specifically, and with all of parks and rec staff, as we have been going
through this process, is that even though their responses in many
instances, we thought, tried to reduce the concerns for what was taking
place, that they finally realized that these are issues that we all need to
deal with --
We're working with staff very well, and I would like to express
my appreciation to all of the parks and rec staff and all of the staff and
human resources for the way that they handled themselves as we went
through this process and worked with us and understood that, you
know, we all have some work we have to do to clean up.
As I said, you know, there was actually an instance my finance
staff should have caught an overtime -- it was a payroll that came in
over 40 hours, which we should have, in fact, caught, and we found
three of them, which would have meant that everything over 40 hours
should have been not paid as regular time but paid as overtime. That
was a consequence of us removing an internal control that, due to
limited resources, we were incapable as we -- they thought of doing it.
We have now put that back in place regardless of the limitation of
resources.
So, you know, we're not without fault and blame either. You
know, none of us are perfect, ladies and gentlemen. Best we can all
do is try to work together and make things more businesslike and more
safe for the taxpayers' money.
CHAIRWOMAN HILLER: Thank you.
MR. BROCK: And I thank you, and I am here for any questions
that you may have.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Did the board write off the cash
register? Did it come to the board?
MS. GAILLARD: Yes.
COMMISSIONER HENNING: We did; we did write it off?
Okay. Thank you.
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MR. BROCK: After the fact.
COMMISSIONER HENNING: I know. Can you detect when --
how far this has gone back, how long this has been going on?
MR. BROCK: I have the auditor that actually did the fieldwork,
so let's ask her.
Megan, how far back did the data we looked at --
MS. GAILLARD: Regarding payroll?
COMMISSIONER HENNING: Just in general. Can you go
back. Well, payroll --
MR. BROCK: Cash. When did you do the cash?
MS. GAILLARD: The cash audit was originally done in 2011 at
fiscal year end, and then the follow-up was completed in May 2012.
The payroll audit, we went back to August 2009.
COMMISSIONER HENNING: Okay. Let's just deal with the
cash issue. Have you determined that this was a normal procedure
going back a number of years or any indication that it was happening?
MS. GAILLARD: It's not limited to this location.
COMMISSIONER HENNING: It's not limited. And it could
have been going on for 20 years.
MR. BROCK: Well, you obviously had -- you obviously had
internal control weaknesses of a very similar nature associated with
the North Naples water park facility, because that's where the theft of
the revenue occurred.
COMMISSIONER HENNING: So I guess what I'm -- the policy
has been going on for quite a while that didn't have the controls on the
-- on the petty cash issue. If there were controls or was control, then it
wouldn't have been an issue.
MS. GAILLARD: In theory. There will still be mistakes along
the way.
COMMISSIONER HENNING: Right. Now, what about the
payroll? Any indication on the payroll how long that's been going on
or any --
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MR. BROCK: We only went back two-and-a-half years, so we
can't speak beyond that.
COMMISSIONER HENNING: Okay. And I guess a criminal
investigation may reveal how long that's been going on?
MR. BROCK: Well, I guess that will all depend on what the
criminal investigation does.
COMMISSIONER HENNING: Right.
MR. BROCK: You know, Commissioners, let me -- I'm stepping
way out of my normal domain, but let me make a suggestion to you.
You know, you've got an employee who's basically confessed to
taking money. With all of the problems that we found, all of the
deficiencies that we discovered, if the State Attorney's Office is able
to establish a clear-cut value greater or beyond that created by the
confession, I'm going to be the most amazed person in town. I did this
too long to not realize that these types of problems and deficiencies
create major proof problems for a prosecutor that I actually used to do
as the white collar crime prosecutor.
So, you know, let me tell you, this creates problems in ever
bringing the people to justice for the true amount that you're dealing
with. I mean, it's just a fact of life. It's true in every business that you
deal with when you have these types of deficiencies.
The internal controls are designed there to create the ability to
move who it is that did it and what they did. For example, if we had
the cash register and we had the controls on the cash register to know
who had been there and done it, you know, then you might be able to
establish that, but that's the problems that you run into.
And don't mistake that this was just the imprest funds, petty cash
fund. This was also a revenue review also. So we were looking at the
cash from both petty cash fund side and from the revenue side.
But the one thing I hope and I think is, in fact, taking place is the
recognition that somebody's going to be there looking. And if
somebody's going to be there looking, maybe we need to clean up our
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act. And I'm not saying that from a management standpoint. I'm
saying that from the employee standpoint.
You know, if you know somebody is watching what you're
doing, the chances are probably much less that you're going to be
playing games. That's the benefit of having the auditor standing there
going in and looking at it.
And with that, I will answer any questions; other than that, I will
close.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. Thank you, Mr. Brock, for
going through it. I will confine my comments to the manual pay card
portion of your auditing.
And I can tell you that what Mr. Brock has illustrated and
described to you is what you are going to experience continuously
when you have manual pay cards, small amounts of employees, areas
where you have employees that are in charge of doing multiple things
and running around in a circle.
It's not surprising to me. I'm not telling you that what you don't
have is you don't have some theft going on, but what I will tell you is
you have a great deal of mis-entries, people backing into the numbers
of hours they work, people mis-adding, people going through and stuff
like that. This is what happens with manual pay cards.
At some point something that ought to be looked at is a very
modest automated system, a timekeeping. I think it would save a lot
of people a lot of money. There's a lot -- you know, you're going to
have to evaluate where you can make the most use of them. Where
you have a reasonable number of employees, of course, is where
you're going to get the greatest benefit.
Some of your outlying areas, it's going to be very hard for you to
do that, and you're going to have to rely upon better performance from
your first-line supervisors. But, you know, easing into some of that is
going to pay you benefits immediately. Just in the time spent tracking
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it down, you're going to have a lot better information.
And, certainly, the pot at the end of the rainbow is if you ever get
a complaint to the Department of Labor, and the Department of Labor
comes in and finds you in that sort of a circumstance, I can tell you
you're going to wish you were dead. I mean, they're just, you know --
you know what happens when the department -- somebody alleges
that they're getting improperly paid, they weren't paid properly or they
worked overtime that they didn't get compensated for or something
like that, and they find a bunch of irregularities, this is just a place that
we certainly don't ever want to find ourselves, and those sorts of
automated things can keep us out of trouble.
So I would just say, just take a look at what's out there and
available. Small systems may pay big benefits to us in the end.
MR. BROCK: May I respond?
COMMISSIONER NANCE: Yes, sir.
MR. BROCK: Okay. The purpose for having the dual control --
I mean, you didn't have one person -- we all are human; we're going to
make errors, okay. This system is designed to have not one -- you
know, the time card should be looked at and signed by the employee,
then you've got a second person that is signing off verifying that the
employee was there, that everything is good, and everything is kosher,
then you've got a third employee that's supposed to be doing that, and
then you've got a fourth employee who is supposed to be doing that.
So the internal controls are there to solve the problems that you
just identified. They were just blown away.
COMMISSIONER NANCE: Right. Without a doubt. But I
mean, when you look at --
MR. BROCK: I've got --
COMMISSIONER NANCE: Yes, sir.
MR. BROCK: -- what, 196 employees. And I will be willing to
bet you that I don't have that type of a problem.
COMMISSIONER NANCE: I wouldn't challenge you in that.
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But if you have a company ID, and you swipe it through a machine --
MR. BROCK: You've got it. You solved the problem.
COMMISSIONER NANCE: But they have quadruple
redundancy.
MR. BROCK: You've got it.
COMMISSIONER NANCE: You're done.
CHAIRWOMAN HILLER: I'd like to go ahead and conclude
this discussion by making a summary remark.
We, as the board, have to ensure that management does what's
necessary to safeguard the public's assets as well as the public's
records. And, obviously, what you've identified here today has
resulted in a loss of both due to a combination of negligence and/or
fraud.
So I think your very last slide is the most important one, and that
is it's very clear that the collective process, the process of having the
Clerk's Office work with the County Manager's Office to address these
problems and to bring back proposed solutions to the board for the
board to direct as a matter of policy, is the correct approach.
I would like to give -- and I think the board as a whole would like
to give the county manager the opportunity to respond and, having
worked with you, bring back recommendations that we can then adopt
and fund to stop all of this from going on.
Is that agreeable to you, County Manager?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Clerk?
MR. BROCK: We don't have a problem working with Leo and
the staff at all. I mean --
CHAIRWOMAN HILLER: No. We appreciate it, and we thank
you for bringing this to our attention. You know, clearly the lack
supervisor controls, the lack of segregation of functions -- you know,
it goes on and on and on.
So with that, I'd like to conclude this segment of the agenda and
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ask that the county manager, working with the Clerk, bring this back,
say, not in the first meeting in March but at the second meeting in
March so you have a month to put a summary together for us.
MR. BROCK: We will work with him at his convenience.
MR. OCHS: Thank you, Dwight.
MR. BROCK: Let us know when.
CHAIRWOMAN HILLER: Is that acceptable to the board?
MR. BROCK: My staff are at his disposal.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: It's okay with me. I just want to
add something. Now, this is the kind of audit I like. It's very specific,
it provides data, you can draw conclusions from it. It's very, very
helpful. It doesn't raise questions and insinuations. It is very specific,
and it's very good.
And I am concerned, however, that although staff says they have
implemented or taken corrective actions, I think it would be beneficial
to us if we had somebody take a look at that, at the corrective actions
they've implemented, to make sure it is sufficient.
CHAIRWOMAN HILLER: You're right.
MR. BROCK: I can assure you, we'll be back.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: No, no.
COMMISSIONER COYLE: But, I mean, can we do that --
CHAIRWOMAN HILLER: Commissioner Coyle is right.
COMMISSIONER COYLE: -- in a reasonably short period of
time?
CHAIRWOMAN HILLER: Right. And Commissioner Coyle is
right. I mean, coming forward and telling us these are the issues and
then staff saying we're implementing corrective actions and you not
following up to ensure that those corrective actions are, in fact, in
place and working as intended is problematic. So I agree with you,
Commissioner Coyle.
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MR. BROCK: Commissioner, 2008 is exactly that.
CHAIRWOMAN HILLER: Okay.
MR. BROCK: We will do the same thing with the Immokalee
Sports Complex and Immokalee Community Center. We will follow
up with payroll, and we will do it -- because of all of the deficiencies
that we found, we will do that in relative rapid fashion, you know.
COMMISSIONER COYLE: Well, if I could just make one other
comment. Most of this seems to have occurred in Immokalee and
North Naples, and that indicates to me that Commissioner Hiller and
Commissioner Nance have some real serious problems in their district,
because I never tolerate this kind of conduct in my district.
MR. BROCK: I agree with you, Commissioner Coyle.
COMMISSIONER COYLE: Now, you're going to show up in
East Naples next time, aren't you?
MR. BROCK: Thank you all very much. I appreciate being
here.
CHAIRWOMAN HILLER: Thank you. I'm left speechless;
what can I say? Never happened to me before, but congratulations.
MR. OCHS: Madam Chair, would you like to move on to your 3
p.m. time-certain?
CHAIRWOMAN HILLER: Yes, please.
Item #11B
RECOMMENDATION TO APPROVE THE PROPOSED
REALLOCATION OF CURRENT TOURIST DEVELOPMENT
TAX FUNDING TO INCREASE DESTINATION MARKETING
EFFORTS AND ANNUAL ACCUMULATION OF RESERVES
FOR MAJOR BEACH RENOURISHMENT, SOLICIT
RECOMMENDATIONS FROM STAKEHOLDER GROUPS
PRIOR TO THE BOARD'S CONSIDERATION OF AN
ORDINANCE AND/OR POLICY CHANGES, AND AUTHORIZE
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STAFF TO DRAFT DOCUMENTS FOR BOARD APPROVAL TO
IMPLEMENT SAID CHANGES — APPROVED STAFF
RECOMMENDATIONS
MR. OCHS: That is Item 11B on your agenda this afternoon.
It's a recommendation to approve the proposed reallocation of current
tourist development tax funding to increase destination marketing
efforts and the annual accumulation of reserves from major beach
renourishment to solicit recommendations from stakeholder groups
prior to the board's consideration of ordinance or policy changes, and
to authorize staff to draft documents for board approval to implement
said changes.
Mr. Wert, your tourism director, will present on behalf of staff.
MR. MILLER: Madam Chair, you have 11 registered public
speakers for this item.
MR. OCHS: Go ahead, Jack.
MR. WERT: Good afternoon, Madam Chairwoman and
Commissioners. Thank you for the opportunity of presenting this
item.
Just a brief amount of history, and then I'll either -- I do have a
PowerPoint presentation that's short but, I think, to the point of what
we're trying to discuss with you today and then, of course, answer
questions.
Short history is this process really began two years ago.
Commissioner Hiller did appoint a subcommittee of the Tourist
Development Council, and we met 10 different times to discuss a
variety of different ways that we could come up with a long-term
solution to identifying more funding for destination marketing.
As most you have heard over the last few years, we definitely are
behind a number of our competing destinations for actually the same
visitors. We simply do not have the marketing funds to market our
destination as effectively as we could, as robustly as we could
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throughout the year.
So that committee came up with 11 different recommendations.
Those were brought, then, to the Tourist Development Council, and
their recommendation was take these 11 out and meet with the various
tourism stakeholder groups throughout the community, get their input,
and then come back to us and then eventually to the County
Commission.
We have been through all of those steps now. I did those
meetings. I have a slide in the presentation that shows you what those
stakeholder groups indicated in terms of those 11 recommendations.
After I brought all that back, we had some meetings. And this
was actually part of the recommendations from the TDC to review all
of those recommendations and the input with the county manager and
the county budget office, and were there some additional things we
might do or were those sufficient.
And, in fact, the county manager was very proactive in this
process and really helped us look at those 11 and see if there were
some additional ways we could do it. And I think we have now come
up with a plan that we would like you to look at today that has been
back to the Tourist Development Council. They have reviewed it and
recommended it unanimously. So what -- if it's all right with all of
you, I'd like to walk through those slides.
Our overall purpose is kind of three-fold. Initially we started out
with finding more dollars for destination marketing, at least being able
to have a message out in the marketplace that's consistent throughout
the year. But in the process we also identified -- and this came
directly from the stakeholder groups -- that we needed more dollars
for beach renourishment as well. That is our product.
We have certainly been through the discussion about perhaps we
are not going to have enough dollars for this next major beach
renourishment. How can we put more dollars aside to make sure we
can do an adequate job.
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Part of this whole procedure and what we want to talk about
today is taking some dollars actually from each of the sources of
revenue and moving them around a little bit so that everybody kind of
participates in both getting some more dollars for destination
marketing and getting some more dollars for beach renourishment for
those long-term major renourishment projects.
So the next part of this is that we added a new, kind of, wrinkle to
this, and that was that perhaps if we run short in a particular year of
funds that we need, perhaps the General Fund could step up and help
county museums, help the beach park facilities' capital projects,
perhaps even the disaster recovery advertising fund, which is also
taking a reduction in this program.
And so, finally, yeah, we want you to look at these
recommendations and give us some direction as to ordinance changes
possibly, board policy changes.
Just a quick review. Tourism, as all of you know, is one of our
very important economic drivers here in Collier County. The visitor
industry supports 32,300 jobs in our community. Very proud of the
return on investment that we've been able to do. For every dollar we
invest in marketing this destination, we can see direct visitor spending
of over $40, nearly $41 for every dollar we invest. That's from people
who responded to the advertising, later came and indicated they had
been influenced by that advertising, came to the destination, and this
was a result of how much money they spent, what they did, and so
forth.
The rest of them -- you've seen some of these figures already
about economic impact, a $1.4 billion infusion of capital into our
community. Nearly $92 million in sales tax and gasoline tax comes
directly from visitors' spending, and probably the most important of all
is that our citizens save dollars in terms of their taxes every year. In
2012, $690 because we had people in -- putting their dollars here and
businesses in the county.
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And I think we all know that many of us came here as visitors
first; many of our business owners the same. They were attracted here
as a visitor for a vacation or a group meeting and ended up dropping
some roots here and became residents as well.
What was really gratifying, Commissioners, about this whole
process was we really did come to a consensus throughout the
community. The Tourist Development Council, county staff, the
Collier hospitality and tourism industry, and you see a number of them
around the room here, our lodging association, our sports commission
is all here supporting what we do. They are all in agreement that we
need more dollars to market this destination, more year round, and we
do need to find some ways to add to the beach renourishment funds.
This slide, very quickly, shows what I learned when I went out to
all of the different stakeholder groups. The left-hand column are all
the 11 different ideas that the -- first of all, the subcommittee, and then
that the Tourist Development Council recommended that I take out
and review. And you can see what those recommendations were.
I talked to the Lodging Association, the Coastal Advisory
Committee, Parks and Rec Advisory Board, Friends of the Museums,
the Chambers in Naples, Marco Island, and the Everglades, all three of
those, plus the Collier Community Alliance, that citizen's group.
So overall, all but to reduce beach park facilities capital projects
was supported. And I'd just point out, the last one in the left-hand
column, the increase in the tourist tax was not a recommendation. It
was simply brought up in a number of those stakeholder groups. And
I just wanted to report to everyone what that outcome was. It clearly
was not supported and, therefore, is not a part of the recommendations
at all that we are bringing forth.
So let me go through these recommendations. The first is -- and I
mentioned our disaster advertising fund. We are currently -- have a
floor in that fund of a million dollars, and we use those dollars for,
really, response after a hurricane. We certainly used them after the oil
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spill the summer of 2010. And those funds we call on occasionally
that we need.
We are suggesting through this staff proposal that we reduce that
from a million dollars to 500,000, and use 500,000 -- and I'll show you
how all that -- all this gets split up here in a minute.
Reducing the tourist development tax funding to the
county-owned museum operations by $200,000 per year, but we are
suggesting that those $200,000 in tourist tax dollars be replenished
through a combination of things; applying for state and federal grants,
at least suggesting that, perhaps, some special events; maybe for
visitors there is an admission charge. Not for county residents, but for
visitors. And then to periodically, through the year, come up with
some fundraising events maybe as a part of those special events, or
just a basic fundraising event, like many of our non -- not-for-profit
non-county owned museums are doing.
In addition to that, we are suggesting that the Beach Park
Facilities Capital Fund -- and this is only capital projects for the beach
year. This is not maintenance. This is -- those -- all that is taken care
of We aren't touching that. These are capital projects. These are
dollars that do not have a project tied to them. And we're suggesting
that 1 .75 million be taken out per year from that fund.
I will tell you that right now that fund has about $8 million in it,
and we do not have that many projects to spend all of those dollars.
So we're suggesting that allocation come from there.
I mentioned the general fund participation, and that really is only
being suggested as a backstop. Let's -- we think that additional
destination marketing is going to produce enough additional tourist tax
revenue that all of the funds are going to benefit and they are, in fact,
going to have dollars to support their operations in the case of the
museums, the beach park facilities capital projects, and so forth.
This slide just kind of shows the current allocation. That is in the
center column. That's what -- each of the funds. Category A, being
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for all of the beach and beach park facilities funds; Category B is our
promotion fund, our administration funds, and that disaster recovery
fund; and then Category Cl are the county museums; C2 are the non-
county owned museums.
The staff recommendation for changes to those funds is in the
third column, and you can see what -- what those movements are. In
the first line you see the 1 .75 million from beach park facilities capital
projects. Five hundred thousand of that would go back to funding the
long-term beach renourishment.
So currently, there's -- by policy we're putting $2 million into that
fund each year. This would put an additional 500,000 into that
ongoing allocation for future beach renourishment.
The -- you can see now Cl, all the way over, there's the 200,000
coming out of that fund, and the next slide really shows how we end
up.
You can see beach park facilities fund. That's -- in parentheses,
that's the one seven -- 1,750,000 coming out. The promotion fund
overall gains $1 .9 million. That is not quite where we wanted to get
with all of the discussion. We talked about trying to get to about 2
million more in promotion dollars, but we're very close with this
proposal.
Beach renourishment gets an additional 500,000, and the county
museum operations overall, a decrease of 200,000.
So the recommendation we are bringing before you today is to
approve this reallocation plan that staff is bringing forward to increase
destination marketing, also increase that annual accumulation and
reserves for beach renourishment. We would certainly request that --
and suggest, if you'd like, we're happy to take these recommendations
back to the stakeholder groups, although they really do reflect what
the stakeholder groups have already said and supported.
And, finally, if you approve this, we're asking for the
authorization for staff to begin to draft the documents that we will
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need to bring back to the board again if you're interested in
entertaining the idea of some ordinance changes or board policy
changes.
Thank you.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Thank you so much.
Last -- the last time we discussed the subject, my concern, my
biggest concern was I was worried about the museums. And at that
time they were going to reduce it every year for five years until there
was no money going to the museum.
And I made appointments with -- or other people made
appointments with me. Let me just say friends from the hotels made
appointments with me, and even a friend from the Marco chamber.
And the first one that came in told me that Leo Ochs had come up
with another plan, a great compromise, which they could all accept
and could live with.
And he said -- and then I have a guy over -- I won't point him
out, but anyway he's on my Islands Advisory Committee. I just won't
mention who. He's another hotelier. And he verified strongly that they
really agreed with that, and they wanted to move forward.
Well, as far as I was concerned, I thought it was a great
compromise plan, and so I wholeheartedly support it, and so I want to
make a motion to increase destination marketing efforts and the annual
accumulation of reserves for major beach renourishment and to solicit
recommendations from stakeholder groups prior to the board's
consideration of ordinances or policies and to let's move forward. Let
me see, what do you say? Authorize staff to draft documents for board
approval to implement ordinance or board policy changes.
(Applause.)
MR. WERT: Thank you, Commissioner.
CHAIRWOMAN HILLER: And I'm going to go ahead and
second that.
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MR. WERT: Thank you, thank you.
COMMISSIONER HENNING: Jack, I have a question.
MR. WERT: Yes, sir.
CHAIRWOMAN HILLER: We have given you increased
monies over and over each year.
MR. WERT: True.
COMMISSIONER HENNING: Do you have any stats of what
that has done?
MR. WERT: Yes, sir, I do. And let me pull this down here for a
moment and go to my -- where is my other -- this slide,
Commissioner, kind of recaps what -- the last couple of times we
came to the board and requested additional funds.
In 2009 you may recall we came to the board. That was really in
the depth of that economic crisis that was truly hitting the world. We
asked for some help, and at that time the board approved a
one-million-dollar infusion to the Marketing Fund from the beach
renourishment -- the Long-term Beach Renourishment Fund and the
Emergency Renourishment Fund.
That year we were able to return 600,000 of that million in
additional tourist tax dollars above the year before. That was a pretty
serious time that the economy was really in the tank. So we are, were
able to definitely produce some good results there.
The next year certainly the crisis in the economy continued. We
also had the situation, you will recall, in the summer of 2010, the oil
spill in the Gulf of Mexico, so we really needed some additional
funds. So the board, again, did approve -- in that case it was a million
dollars from the Beach Park Facilities Capital Fund. That year we
were able to return an additional 500,000 in tourist tax revenue. We
probably could have done a lot better, but we actually lost 200,000
that we should have gotten in tourist tax because of the oil spill, and
we are able to document that; you may recall, that's part of the claim
that we have into BP right now to try to recover some of that.
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We -- so those are -- the last two times we were able to get
additional dollars, that's what we were able to do with it.
COMMISSIONER HENNING: Is there any way to substantiate
increased sales tax due to added visitors?
MR. WERT: Yes. I don't have that, but every year sales tax -- it
goes up as the tourist tax does, because they're collected together.
COMMISSIONER HENNING: Well, our finance director has --
MR. WERT: I'm sure they could do that --
MR. OCHS: Jack, Mark is here.
COMMISSIONER HENNING: -- has some numbers.
MR. WERT: Okay. Mark?
MR. ISACKSON: I can give you some anecdotal, but I don't
have any graphs or anything like that for you, Commissioner.
But in your budget policy, I can't quote the page number, but
we've had some increases in sales tax revenue over the past three
years. It's, in my view, directly related to visitation numbers to the
destination. So, I mean, we could graph that out and probably give
you some more quantifiable information. But just based on my
anecdotal knowledge, I think we can confirm that pretty easily.
COMMISSIONER HENNING: Any kind of numbers?
Obviously, the last two prior -- actually, three prior years, we were
still in a recession.
MR. ISACKSON: That's correct.
COMMISSIONER HENNING: And our revenues were coming
in more -- or our tax shared revenues.
MR. ISACKSON: We could graph side-by-side visitation
increases versus increases in sales tax revenues, and I'll bet you that
that's a pretty good leading indicator, frankly, about how our sales tax
is going to fare. If our visitation starts dropping off, I'll bet you dime
to a dollar that you're going to see some decreases in sales tax.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER HENNING: Okay. So we'll have some
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numbers to correlate when the dollars went in to --
MR. ISACKSON: We can pretty easily graph that for you and
get that out to you, Commissioner.
COMMISSIONER HENNING: Now, that doesn't include the
municipalities who receive shared revenue; is that correct?
MR. ISACKSON: That would just be our revenue take from the
state.
COMMISSIONER HENNING: Well, I would like a look at
what's happening down on Marco. You know, we have one hotel
down there that takes the lion's share -- well, they take a third. They
actually take a third of visitation or tourist tax collection. And so does
the city municipality. Would you coordinate with those?
MR. ISACKSON: Well, we could work with the city and their
finance staff and come up with a similar analysis that we'll provide to
the board. Sure.
COMMISSIONER HENNING: Okay. And you could bring that
back when the ordinance comes back? I'm very supportive of the
motion.
CHAIRWOMAN HILLER: I'd like to -- oh, Commissioner
Coyle. I was going to make a few comments, but go ahead.
COMMISSIONER COYLE: Okay. You know, I would like to
be reassured that there is a good marketing program which will take
this additional funding and target it to the markets and the months of
the year that will achieve the greatest improvement in occupancy --
MR. WERT: Okay.
COMMISSIONER COYLE: -- here in Collier County. Now,
certainly you have a lot of that already done, and I want to feel more
comfortable --
MR. WERT: Okay.
COMMISSIONER COYLE: -- that you have -- you're going to
be able to refine it to use as additional money in a way that produces
the biggest bang for the buck.
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MR. WERT: Okay.
COMMISSIONER COYLE: And so if you have something now,
show it to us.
MR. WERT: I do. I have at least a preliminary plan,
Commissioner, of-- and I used the fall as the start of this, because by
the time we get through the process of changing the ordinance and so
forth, the dollars probably won't be available till the new fiscal year.
But, for instance, putting some dollars into Florida late this fall in
November, we've been very successful with beginning to prime the
pump and get some year-end visitation, something that normally we
don't have the funds to do. So you see some cable television and some
online suggestions there.
Then we -- right at the first of the year we implement our
northern campaign. Now, we do this as a matter of course. But with
some additional dollars, we can really, really get much better
frequency than we're able to do currently. So you see cable television
in New York, New Jersey area, Chicago. Philadelphia and Cleveland
are really kind of new markets that we would be able to do with the
additional money.
The transit in New York, very important. And in Chicago, we're
really getting some great feedback and visitors now from digital
boards we've got on the expressways up there showing real time
temperature; 20 degrees in Chicago when it's 75 in Naples. And we
are getting good responses from that.
COMMISSIONER COYLE: Well, let me stop you there.
MR. WERT: Yes, sir.
COMMISSIONER COYLE: You, clearly, already do a lot of
advertising in February and March.
MR. WERT: We do.
COMMISSIONER COYLE: And that's the point of time in the
year when you have the highest occupancy rates of the hotels here.
MR. WERT: Right.
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COMMISSIONER COYLE: How much improvement in
occupancy rates do you achieve per dollar of advertising investment if
you do it during February and March when the occupancy rates are
already pretty high? So I'm wondering -- I don't know. I'm just
wondering, if you're going to get some additional money, you're
getting high occupancy rates in February and March, if you have
additional money, why not concentrate on December and January? I
mean, does that make sense?
MR. WERT: I think you're right. One of the things that we have
been working on for the last couple of years is, if we can get an
increase in occupancy of, let's say, just one percent in February and
March, because the rates are higher, we're going to have a much
bigger influx of tourist development tax then than if I get -- well, a 1
percent in the summer, but even a 3 percent in the summer, you're
going to get a much bigger bang for your buck.
So we see more dollars in first and second quarter really paying
off for us, and there's a residual. Then people do travel in the summer
if they don't travel in the winter. It just primes the pumps for the
summer months.
COMMISSIONER COYLE: But the corollary of that is that as
the occupancy rate goes up, you have to spend more and more money
in order to get a very, very small increase in occupancy. I mean, there
is a point of diminishing returns.
MR. WERT: At that time of year, yes.
COMMISSIONER COYLE: If you had 99 percent occupancy, I
wouldn't advise spending any more money.
MR. WERT: I understand, but we're at 68 for the year.
COMMISSIONER COYLE: Now, that's average for the year.
MR. WERT: Well, sure.
COMMISSIONER COYLE: That's not February and March. So
I just want you to be aware of the need to target the use of this money
so that you get the biggest bang for the buck.
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MR. WERT: And I understand, Commissioner, and we certainly
will do that.
CHAIRWOMAN HILLER: And Commissioner Coyle is right.
We brought that out in the subcommittee --
MR. WERT: We did.
CHAIRWOMAN HILLER: -- and discussed that very issue and
actually brought up exactly what he's bringing up now, and there was
consensus that it is essential that we, you know, look to optimize, not
only in terms of the time of year we market, but where we market
during those times of year.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I want to -- I want to start by
saying that I am -- I am supportive in moving more TDC money into
promotion. But what I want to do is I want to talk about a couple
other things that I'm a little uncomfortable with.
We're talking -- we have two items in the tourist development
program that are administrative things, and that is, No. 1 is the
museums, which we're talking about shifting funding from tourist
development tax funds to the General Fund or other items, and the
second is the administration of the TDC promotion program, which is
your agency.
It shows your operating budget here as a percentage of the
allocation. How is it that you are operating administration under an
ever-increasing, or so you propose, allocation of the amount of money
used for promotion?
MR. WERT: There are actually two different funds,
Commissioner. And let me -- if I can find that slide, I will. Fund 194
is the -- is our administration fund. It -- and let's see if I've got it there.
All right. Here's -- let me get that a little bigger here. Fund 184
is strictly advertising and promotion. All of our operating funds come
out of 194. Now, both are part of the Category B. They're in different
percentages of the tourist tax as well. The 184 is totally supported by
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the fourth percent of tax. The Fund 194, which is our administration
fund, is only -- that is only for -- that -- out of the first 2 percent of tax.
It's a percent -- 23.236 percent of the first two.
So they are separated, and we try to do that so that we can --
although it's all Category B, we are not increasing the 194. We're only
increasing 184.
COMMISSIONER NANCE: So what is the TDC administrative
sweep? What money is that? What is that coming from?
MR. WERT: Let's see what I'm -- oh, the interest? Is that what
you're talking about?
CHAIRWOMAN HILLER: No, the one above that.
COMMISSIONER NANCE: The TDC administrative sweep,
$250,000.
MR. WERT: Oh, okay. By ordinance right now the -- that Fund
194 doesn't have any carry forward, doesn't have any reserves in it.
By ordinance, anything that's in excess of the final revenue and
expenses in that fund at the end of the fiscal year is swept out, and it
goes to 184 for marketing and promotion.
COMMISSIONER NANCE: So you're telling me that, indeed,
your TDC administration 194 is a fixed budget and not actually a
percentage, although it's listed as a percentage here because of the
ordinance; is that what you're telling me?
MR. WERT: By ordinance, but yes. And our administration
cost in the ordinance is capped at 32 percent of the total of Category
B. So we do have a ceiling that we cannot exceed without an
ordinance change.
COMMISSIONER NANCE: But, I mean, on a year-to-year
basis, you don't have a fixed budget?
MR. OCHS: Yes, sir.
MR. WERT: Oh, yes, absolutely, we do. It is absolutely -- that
is part of the budget process, and we try to always stay within budget
guidelines on our administration side, and we never really have in- --
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gone over about 20 percent of our Category B funding for the next
year related to hurricanes.
COMMISSIONER NANCE: Okay, because that's my concern.
My concern is that the administration ought to be a fixed accountable
budget and, really, the county museums ought to have an amount of
money that they can count on that they're working to. It shouldn't be a
floating amount of money that's unknown or excessively rising. I
mean, we're all hoping for a performance.
What I'm trying to say is, I'm very supportive of you, but I don't
want to see you building your agency of government that our fixed
costs are continuously rising. And I say that because I notice in the
companion item, which is 11C, you're suggesting to add another
$250,000 in tourist development staff which, indeed, is going to
increase --
MR. WERT: There it will, yes.
COMMISSIONER NANCE: -- this amount of money that we're
supplying you for your administrative function.
MR. WERT: And we can talk about that in the companion item
or now, Madam Chairman, whatever you prefer.
CHAIRWOMAN HILLER: What's your preference? We can
address it at the same time -- or all right. Let's keep it segregated.
MR. OCHS: Yeah, I'd like to keep it separate.
CHAIRWOMAN HILLER: I mean, I would -- I think it's
probably preferable.
COMMISSIONER NANCE: Let's keep it segregated, yeah.
CHAIRWOMAN HILLER: Can I clarify? You keep referring
to fixed. It isn't fixed. It's actually a variable, and it's a variable
budget in that it is a percentage of the total revenues. So your desire
to see the administration fixed at a certain dollar level is not what's
happening. If the TDC revenues go up, since is it a percentage of
those revenues, that administrative --
COMMISSIONER NANCE: I understand. My question is why.
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CHAIRWOMAN HILLER: Right. And that administrative
budget will go up as well, meaning it's a variable budget, not a fixed.
COMMISSIONER NANCE: Right, that's right.
CHAIRWOMAN HILLER: Right. So -- and that is -- yeah, and
your question is absolutely right.
COMMISSIONER NANCE: My question is why does that
occur. We should know what our administration cost is regardless of
what our pool of promotional money is. I would think that we should
be adding to promotional money and making you more efficient on an
administrative percentage basis of the total money you administer.
MR. WERT: And if I --
CHAIRWOMAN HILLER: In other words, as the -- just to
recap -- I want to make sure that we're all on the same page -- that as
the dollars, as the TDC dollars goes up, we should see a proportionate
decrease because we don't need more staffing merely because we're
doing more advertising.
COMMISSIONER NANCE: Right.
CHAIRWOMAN HILLER: Because, quite frankly, what we're
doing is we're outsourcing.
COMMISSIONER NANCE: Right. What my goal would be is
my goal would be to see as much money as possible going to
Category 184, and I'd like to see Mr. Wert's administrative fees stay
flat so that you're getting --
CHAIRWOMAN HILLER: Correct.
COMMISSIONER NANCE: -- you know, more bang for the
buck.
CHAIRWOMAN HILLER: Absolutely.
MR. WERT: And I think, as Commissioner Hiller is saying, that
really does happen, because the mechanism from that sweep is exactly
that. If our revenue goes up in 194 based on much more tourist tax
collection, whatever excess there is over our fixed operating cost --
and that doesn't change -- the excess goes into 184, so it does increase
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the promotion dollars.
CHAIRWOMAN HILLER: But, Jack, that's not entirely the
case, because you don't actually have a fixed operating cost. You're
actually looking at an incremental budget, because you're maxed out
at 33 percent.
MR. WERT: Sure, correct.
CHAIRWOMAN HILLER: But you can -- as the revenues
increase, 33 percent of increasing revenues is an increasing --
MR. WERT: Sure.
CHAIRWOMAN HILLER: -- operating budget for you or
admin budget. So what Commissioner Nance is saying, that shouldn't
be happening. In other words, you shouldn't be -- you shouldn't have
a variable budget. Your budget ought to be fixed; in other words, we
ought to know what our overhead cost is to administer tourism, and
that is what it ought to be, because the rest of it sweeps into, for
example, promotion, which is out-sourced to an independent
contractor. That should not affect your volume of work.
MR. WERT: No, it does not. You're --
CHAIRWOMAN HILLER: Right. And so, as a consequence,
you -- and as you properly pointed out, you said about 20 percent, but
I think we need to go back and revisit that.
And when the policy recommendation comes back with respect
to the allocation to administrative overhead, we ought to consider how
that ought to be worded to, basically, you know, establish a fixed
budget as opposed to a variable budget for your operations.
COMMISSIONER NANCE: And the same with the museums. I
don't advocate defunding the museum, and I've always said that the
museums -- that I thought that heritage and cultural tourism was an
underperforming part of our promotion to begin with, because that's
proven that heritage and cultural tourism is very important. And it
might not be an attractor in and of itself, but as part of a package, I
think it's proven across our nation, if you just look at where all the hot
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spots are, those people have a very big program in those sorts of
things.
And so I would say we should look at what we do with our
county museums and make sure that they're funded properly. If the
board wishes to move $200,000 of that money and make it come from
the General Fund, I would support that.
I was -- and I shared with Mr. Ochs I was a little disappointed
that we got into a big analysis on what we should do with the
museums on this agenda item, because this agenda item was not about
how to run our museums. It was about, you know, how to get more
TDC promotion money, which I support 100 percent.
I think the whole museum issue is another -- is just a diversion to
this and has got many people in our community excited because they
felt like the -- frankly, the TDC agency was trying to tell the museums
what they needed to do, which was not a friendly thing.
MR. WERT: It was never the thing, yeah.
COMMISSIONER NANCE: So, you know, I can support
moving $200,000 to the General Fund and then working through that
issue, but I would really like to see the county museum budget and the
portion of it that comes from TDC tax revenue and the TDC
administrative budget be fixed budgets that are clear and
unambiguous. And this presentation here is not clear and
unambiguous, particularly when you start adding more employees,
which is the next item.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: The reason the interjection of
the museum is in this discussion, because in the past -- well, I should
say every time there's been what some people perceive as an attack on
the museums and the museums' operation.
So what the county manager has done and said in this discussion
is, hey, we're going to -- you know, if we have to we'll take it out of
General Fund. That's a discussion during the budgeting process. It's
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not a discussion now or even --
CHAIRWOMAN HILLER: No.
COMMISSIONER HENNING: -- a few days from now.
Jack?
MR. WERT: Yes, sir.
COMMISSIONER HENNING: What's the average amount of
money that a visitor spends --
MR. WERT: Our spend --
COMMISSIONER HENNING: -- per day?
MR. WERT: -- on average is a little over $200.
COMMISSIONER HENNING: Two hundred dollars a day?
MR. WERT: Yes, sir.
COMMISSIONER HENNING: Maybe equal to what a room
cost is --
MR. WERT: Yeah.
COMMISSIONER HENNING: -- on an average.
MR. WERT: Sure.
COMMISSIONER HENNING: And a room cost, let's say $200,
you're collecting 4 percent tourist tax, right?
MR. WERT: Yes, sir.
COMMISSIONER HENNING: And you're collecting 6 percent
on the sales tax.
MR. WERT: Sales tax; correct, sir.
COMMISSIONER HENNING: So I think when the numbers
come back, we're all going to realize that the General Fund will
increase probably more than, if you do the projections, what sales tax
will bring in and, therefore, Leo would have more than enough to
cover that $200,000. He could probably budget the whole doggone
museum with that money, if we take a little bit from the City of
Naples. But --
MR. WERT: And one other quick benefit, Commissioners, is
that more visitors means more opportunities to sell real estate to those
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folks, and that gets us out of the mess that we're in right now.
COMMISSIONER HENNING: Well, it provides --
MR. WERT: And that's more taxes.
COMMISSIONER HENNING: -- employment; it provides
employment now.
MR. WERT: Yes, sir, it does.
COMMISSIONER HENNING: And I know we're all looking
for high-wage jobs, but right now I think we're kind of looking at any
job that we can get, so --
Anyways, it looks like there's enough support. I'm going to shut
up, and I'm curious to see what the public has to say.
CHAIRWOMAN HILLER: Can I make a comment?
COMMISSIONER NANCE: I want to say one more thing. Let
me play the devil's advocate and throw something out in the room
again on the other side. Why are we increasing beach renourishment
by $500,000?
MR. O CH S: I'll address that.
Commissioner, a couple of thoughts there. Again, this whole plan
was predicated on my part as an economic development initiative, not
necessarily a hospitality initiative or a beach renourishment initiative.
For all the reasons we just talked about, I think that that industry
if it's not the primary, it's certainly one of the largest drivers of our
local economy. They have a proven track record that when you invest
in that industry, they create jobs. That has a residual impact not only
on the tourist development revenues, but on sales tax, gasoline taxes.
It has a residual beneficial impact on real estate sales, and even some
folks that come initially to visit end up buying a home. And what do
you know, some people actually come and relocate their business after
they relocate their residence down here.
So, in looking at the mix -- and this goes a little bit to
Commissioner Nance's point. I don't want to get too long winded
here, but we basically have four stakeholder groups receiving portions
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of receipts of this TDC revenue. And you've got a -- basically a fixed
pie, and you've got four pieces that are allocated.
So when you change the allocations, everybody's affected in
some way. My reasoning was to move more revenues to tourism
promotion and marketing for the obvious reasons that we've been
talking about. At the same time, we all recognize that the beach is a
public asset that really is linked arm in arm with the hospitality
industry. They -- people come here because of the beaches, and they
stay here because of the great experience they get in our resort hotels
and other hotels throughout the county.
So when we went to reallocate or look to reallocate, I challenged
the staff to find a way to move more money for year-round promotion
and marketing but also recognizing that we have a beach
renourishment schedule for next year, and we're going to stay on this
six-year cycle that the board has emphasized we need to stay on for
renourishment.
We're a little bit ahead of the curve in terms of the beach
renourishment allocation because we don't have our bids in yet, but
my staff tells me that they estimate 15 to $16 million may be our
range of bids for the beach renourishment project.
If we set aside 2 million right now every year for six years, that's
$12 million. If we add a half million dollars every year to that, we've
got $15 million at the end of six years that will help fund that beach
renourishment project when it comes at the next six-year interval.
Also, I want to make sure that the board understands that beach
park facilities and museums have not been ignored here. And even
though I have proposed to reduce their annual allocation, as Jack said,
I can assure you that beach park facilities -- I've sat with Steve Camel!
and Barry Williams, I've gone through their next five-year capital
improvement and major capital maintenance program, and I can
assure you that we have sufficient funding right now in Fund 183,
which is beach park facilities, to fund all the projects on that list.
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And, finally, with respect to museums, I've suggested a one-time
-- not a one-time, but an annual reduction of$200,000 in those
revenues, but I've backstopped that with General Fund, if the board
will allow me to do that, and that's a credit to this board that even
through the last five years of a severe recession, you've been able to
grow your General Fund reserves. The reason we make those hard
midyear cuts and work hard to maintain a millage-neutral budget is so
we can grow those reserves so when you have an opportunity like this,
you can still guarantee the museum will be fully funded on an
operations and capital basis.
And, finally, as Commissioner Henning said, if this is all
successful, the old adage that a rising tide rises all boats, every one of
those stakeholders in that -- that's receiving TDC revenues now, I
believe, is, you know, two years from now will all have sufficient
revenues to fund their operations.
COMMISSIONER NANCE: Well, that's why I'm playing devil's
advocate on the $500,000 on beach renourishment. Because we're
doing beach renourishment now, you're saying a rising tide's going to
raise all boats, and we're counting on this to happen -- we're counting
on this gentleman right here at the podium to do this --
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: -- you know, if he minimizes his
TDC administration, we put the county museums on a fixed budget,
move some of them to the General Fund and give him another
$500,000 -- I mean, this is the best industry -- it's the only performing
industry we've got.
So what I'm telling you is I'm supportive. I'll go with the board's
wishes. But I'm saying, hey, let's maximize 184.
CHAIRWOMAN HILLER: Let me -- may I? Let me --
MR. OCHS: Just let me, ma'am, if I might, on 195, because it's a
good question, why promote another 500,000 a year?
Remember, that's the -- by ordinance that's the fixed annual
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set-aside for the major beach renourishment. Also in 195 you've got
to fund, if you continue it at least, anyhow, as you have in the past, all
your inlet management projects, your hot spot beach renourishments,
all your monitoring.
So there are other costs that need to be taken care of in that 195
expenditure category. I'm just trying to build up with this extra half
million a year that -- the set-aside for the major beach renourishment.
Other revenues that come into that fund as we grow the fund will help
offset some of these costs that we're struggling to fund right now on
some of the inlet management projects.
We have storms that come in and accelerate, you know, projects
for us, and sometimes we don't have enough funding to handle all
those. So that's the thought behind it.
CHAIRWOMAN HILLER: Thank you.
I'd like to make a couple of comments, and then I'd like to turn it
over to the public speakers.
First of all, I had the opportunity to attend a governmental
conference up in Tallahassee. And a report was presented by the
Office of Economic Forecasting for the state where they clearly
identified tourism as the number one growth industry in the State of
Florida. And tourism does include retail. It's not exclusively
hospitality.
With that said, we are currently only at 60 percent capacity of our
existing hospitality infrastructure, meaning we're wasting 40 percent
of the assets that we have invested in, meaning we are losing the
return on that investment that we have already made in terms of
additional revenues to Collier County that promotes wealth.
And I think that people have to understand that the way a
community gets richer is by exporting. And tourism is actually
considered an export industry. If all I do is sell to my neighbor and
then my neighbor sells to me, we're just recirculating wealth in the
community.
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If I'm actually selling a hotel room to someone in Lee County or
someone in Delaware or someone in France, I'm bringing new wealth
into the community, and that is what causes us to become more
successful, economically, as a county.
So with that said, supporting promotion of tourism is really
critical because, let's face it, you don't get sales if you don't promote.
Bottom line.
And when we invest in tourism marketing and promotion, we are
not selling any individual property. We are selling Collier County as
a destination, and the community needs to understand that.
Tourism is the number one employer in the county. I think about
32,000 --
MR. WERT: 32,300.
CHAIRWOMAN HILLER: How many?
MR. WERT: 32,300.
CHAIRWOMAN HILLER: Oh, you are so specific. All right.
32,300.
MR. WERT: Sorry, Commissioner.
CHAIRWOMAN HILLER: 32,300 individuals in the county are
employed by tourism. And, you know, with respect to wages, it's not
all about just targeting highest wages. There are a lot of people that
wouldn't necessarily qualify for those high-wage jobs. Are we to
exclude them from, you know, being supported in the job market?
Obviously not. We want to get as many people employed as possible
doing what they have the ability to do, because that is in the best
interest of the community as a whole.
The problem we have with this pot is that we have so many
competing interests and, actually, a very small pot.
And to address what Commissioner Nance has said, we are really
in a state of flux. We are proposing this policy now. This is not a
policy that's going to be fixed in time. It's going to be responsive to
the changes in the market.
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You know, as we see this rising tide, we may not need allocations
that are as large in one category or the other. What we really need is
to split the baby. We really need to separate tourism and beach
renourishment. We need two alternative sources of funding.
And when you look at markets throughout the State of Florida,
beach renourishment is not funded by TDC dollars, which is why the
tourism industry in other counties is heavily supported and ours is not,
and I mean financially.
So I had the opportunity to go to another conference. And I go to
these conferences; I actually study everything, and I read all the
reports and meet all the people and bring everything back to Leo.
And I had the opportunity to visit with the Coastal Engineering
and Dredging Industry and learned all about how other communities
finance their renourishment. And I will tell you, it's not what we do at
all.
So one of the things that we will do as part of the evolution of
this process is bring back alternative sources of funding for beach
renourishment so that we can truly allocate tourist development
dollars to what promotes tourism without -- and even though we're
allowed to legally support beach renourishment, we'll have separate
funding for that, which will make it better even on a greater scale than
what we're proposing now.
And then, of course, there's the public, you know, private
component also which needs to be considered -- or I should say the
tourism local public component that needs to be considered.
So with that said, I want to turn it over to the public speakers.
And if I could ask, if there are speakers who are basically going to say
the same thing, after you hear a speaker come forward, if you could
just merely say you support the same position the previous speaker
supports, then I promise we'll get the message, and you will certainly
still be influencing our vote in the right way.
So with that, if you could turn it over to the speakers.
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MR. MILLER: Well, Madam Chair, one more thing, if I may.
There are 11 registered public speakers. Eight of those want to speak
on both Item 11B and 11C. I don't know if you want to do anything
about that or just call them on the separate items.
CHAIRWOMAN HILLER: Just call them on the separate items.
MR. MILLER: Yes, ma'am. Your first public speaker's Bob
Krasowski. He'll be followed by Harold Weeks.
MR. KRASOWSKI: Good afternoon, Commissioners. Bob
Krasowski. I'm very impressed with the discussion, touched on a lot
of things I didn't expect to hear.
I attend the Coastal Advisory Council and Tourist Development
meetings, and -- always impressed with Mr. Wert's work and the
people he brings forward and the ideas he has.
Today I feel very supportive of Commissioner Coyle and
Commissioner Nance as far as providing stable amounts of money for
museums and -- like, I think that's an excellent idea. I would not like
to see the museums thrown to the wolves or whatever.
The main thing, the first thing that caught my attention in this
subject was the fact that you're going to reduce -- or it's proposed that
we reduce the emergency advertising fund to $500,000. Used to be a
million and a half, you dropped it down to a million, then it goes to
500,000. But then if you need more than the 500,000 it goes to the
General Fund.
I think this is inappropriate to put the burden and risk of
emergency advertising for the tourism section on the general
population. Any scenario that would cause us to need that emergency
funds, a hurricane, oil spill or whatever, would also be impacted in the
rest of the economy, and the general population just doesn't need to
carry that burden. And there's plenty of money in the tourist
development tax for you to maintain the million dollars.
I also think -- but I understand this -- if we can generate more
money, more money comes in, so the percentages might be a smaller
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percentage, but then you get a bigger piece of the pie, or -- yeah,
bigger amount of money. That's all good. So I hope you figure that
out.
I was at the same beach association meeting.
CHAIRWOMAN HILLER: I think you sat beside me, didn't
you?
MR. KRASOWSKI: Once in a while, yes, yes, but you were
very busy up there running around and meeting all the right people
and finding out the right things.
But I appreciate your invitation and all that to visit on some of
these things. I'm running out of time.
You know, there are different ways to assess. I think hitting upon
the hotels for all of the beach renourishment might not be appropriate,
because we're going beyond beach renourishment now. We have
sea-level rise, we have more frequent storms. So we're addressing
beach armoring, and we have to look in other places, other ways how
things are done. So I'm with you 100 percent on that.
Let's see. Oh -- and then another thing, as far as -- I'd really like
to see -- Commissioner Coyle, when you were talking about those
periods of time when the hotels are at maximum capacity, why are we
advertising then? Why aren't we focusing? And that was the original
intent of tourist development tax was to bring people in on the fringes
and the edges of the tourist season.
And so I think there's another way to attack this problem, and
that would be for the hotels to lower their rates. Like they were so
sensitive to the one percent increase --
CHAIRWOMAN HILLER: Bob?
MR. KRASOWSKI: -- well, if you were to drop 2 percent --
what, are you going to cut me off?
CHAIRWOMAN HILLER: I am, because we have so many
speakers and so little time.
MR. KRASOWSKI: Okay.
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CHAIRWOMAN HILLER: But you're welcome to bring these
ideas forward when this is all brought back.
MR. KRASOWSKI: Sure; sure thing. And thank you very
much.
CHAIRWOMAN HILLER: SO thank you very much. Thanks
for your input.
MR. MILLER: Your next public speaker is Harold Weeks. He'll
be followed by Bridgete Vanderhaven-Smith.
CHAIRWOMAN HILLER: Bridgete, would you mind coming
up to the podium, and as your name is called, if you could go to the
alternative podiums, it would be appreciated.
COMMISSIONER COYLE: How many speakers?
CHAIRWOMAN HILLER: Eleven.
MR. WEEKS: I'll be brief, I promise.
CHAIRWOMAN HILLER: Thank you.
MR. WEEKS: I'm Harold Weeks, second vice president of the
Friends of the Collier County Museum.
History. We all deal with it. We all know what history is. That's
why we're here. The future lives off history.
I know history is -- African Americans have been left out of the
history books for many, many years, so I understand completely what
history is all about. And religion -- the Bible is the guardian of
history. And your families, it's either an uncle or a grandma or a
grandfather or somebody who's a guardian of your family history.
Here in Collier County it's the Collier County museums.
With that said, I just want to point out a fact. It's all about
money. And where does money come from, as you alluded to with
the tourist in this country -- in this county.
I know in years past, things have been dim, and we survived it.
Before then, I don't know. I don't know if they planned well for it or
not, but we should have had an accumulative -- money of-- residuals
as they have in complexes.
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But anyway, it was -- I know at one time the museum funding
was in the General Fund; is that correct? It was part of the General
Fund, and then for some reason they moved it to the TDC, and they
said there was a reason for that.
CHAIRWOMAN HILLER: It was -- I believe it was permitted
by law.
MR. WEEKS: Yeah. But it was -- the idea was, oh, it will never
be touched, okay. And then there was some talk about a solidifying
where the funding of the museum would come from. I'd like for that
talk to come back. That was very intrigued sometime (sic). I believe
it will.
The other thing is, where does this money come from? Mr. Wert
and his company has done a marvelous job at bringing the tourists
back.
I don't have statistics, I don't have a lot of fancy technology, but I
have eyes and patience with what I see out there today with tourism.
Tourism has returned with a vengeance. And if you can trust my
instinct, tourism will continue to rise. And with that rise, the money
will rise. And as Commissioner Coyle pointed out, that the money
will come in with the effort that he has now. With the money that he
has now, the more tourism that comes in, the more money that comes
in, then the more money that Mr. Wert will have to advertise.
But I think they'll find by that time they won't have to do that
because the coffers will be overflowing. Of course, I --
CHAIRWOMAN HILLER: I like your attitude.
MR. WEEKS: No. I'm serious about it. I've read --
CHAIRWOMAN HILLER: You're definitely a half-full glass
kind of guy.
MR. WEEKS: No. I'm a realist, believe it or not.
Anyway, with that said, I'd like to see Collier County museums
stay like they are and you guys figure out a way that this funding can't
be touched. Of course, we'll need a raise every once in a while, if you
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want us to be the museum that you expect us to be.
Thank you very much.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next public speaker, Bridgete Vanderhaven
Smith. She'll be followed by Carlos Bicho.
MS. SMITH: Yes. I wanted to thank very much the
commissioners and also Harold Weeks and talking about these facts.
I'm not into the Collier County Museum that long time, but I see
what's going on, and I've been acting as much as I could, and I see
how we are functioning. And we are closed already on Saturday and
Sunday.
Some -- this is -- when I see people -- and I have a lot of friends
coming from all Europe, and they say, well, the museums are closed.
So we need to also employ people. We have a strong Friends of the
Museums. We are trying to do our best to raise funds. But I -- we
cannot fill the gap, really, if you take that money out of the museums.
And I have been to a presentation the other day at the Chamber
of Commerce for a delegation of French businesses who are coming
here. It was very interesting. And we had a presentation by a
professor of the university of the FGCU, which I'm a speaker for once
in a while, and he said that the TDC have never been so rich.
He was presenting this Collier County that was absolutely
marvelous. And I said, why are we taking money out of our museum?
This is -- if you see the kids when they arrive at the museum, when
you see the people who are coming to our museums -- and we don't
have enough people to fill -- to come to work and welcome people.
CHAIRWOMAN HILLER: Just so you know, one thing,
Bridget, just to clarify, we cannot use tourist development dollars to
support the museums to benefit the local community. It is strictly for
the benefit of tourists.
So, for example, students that come to the museum, we don't
charge anyone to attend, but we are not subsidizing the museum
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tourist tax dollars to allow the students that are local to visit, because
we, legally, can't.
MS. SMITH: No. But when you see all these people who are
coming from all over Europe and saying --
CHAIRWOMAN HILLER: I'm just mentioning the students.
MS. SMITH: Yeah, this is a -- it's a gem. They didn't even know
it was there. We don't have enough funds to advertise our museums.
And we do a lot of things. And I'm a speaker for the museums also. I
give talks at Marco Island. I go everywhere.
And this is -- you know, for me, it's sort of outrageous to see that
money going -- although I support tourist 100 percent. I've also been
in tourist (sic). I've been a guide. I've been a tour guide, and I will do
it again. And I speak five languages, and I'm glad to welcome
everybody.
CHAIRWOMAN HILLER: Thank you very much.
MS. SMITH: Thank you.
MR. MILLER: Your next public speaker is Carlos Bicho, who
will be followed by Tom White.
MR. BICHO: Please forgive my humble attire today. The last
time I was here --
CHAIRWOMAN HILLER: If you could state your name.
Could you state your name for the record.
MR. BICHO: My name's Carlos Bicho.
CHAIRWOMAN HILLER: Thank you.
MR. BICHO: I think the last time you saw me, I was in a little
bit more of flamboyant outfit.
CHAIRWOMAN HILLER: Yeah. You look kind of like Ponce
de Leon.
MR. BICHO: Yes, ma'am, although not related.
I bring to -- I bring to you just one thing, one comment that keeps
coming to me, and something that we've learned in history and we
keep forgetting. If you are trying to sell the beauty of a pristine forest
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February 26, 2013
and if you start chopping the wood, if you start chopping the trees,
you're not going to have a forest left.
This is absolutely absurd when we have as an option to raise the
money, the $200,000 that we'd be missing from museums budget, to
go out -- and let's raise some awareness. Let's do some fundraising.
Hotels also have that capability. If they need more money to bring in
more tourists, they can also do some fundraising for that purpose. It is
to their profit. This is really, really unfair to the very core of what a
mission -- what the mission of a museum is.
We are here to enrich the culture to -- we look for the community
for an opportunity to reach out and improve. We will be more than
glad to go to any hotel. I will personally go there. I will dress up as
the fanciest Ponce de Leon that you can get. I will cooperate with
you. I will bring those tourists that visit your facilities with a sample
of what the museum is trying to do here.
And when you come down to it, Southwest Florida is one of the
richest historical locations in this country. We are at the very
founding not only of the U.S., but at the very founding of European
presence in North America.
This is of absolute importance to maintain. And to simply cut
away at the trees to try and preserve the forest, I don't see the logic.
At the very least, whatever gets done by your decisions -- and I am not
going to in any way superform (sic), try to influence all of you. I
know that I certainly have at least two folks who have maintained --
and I appreciate those votes of confidence on behalf of the museum,
on behalf of a volunteer for the museum.
But, please, assure at least at the guarantee that those funds will
not be touched or somehow or other permanently made up.
That's all I have. Thank you very much. Have a great day.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next public speaker's Tom White. He'll be
followed by Clark Hill.
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MR. WHITE: Thank you, Commissioners, for allowing me to
speak today. I speak to you on behalf of the hotel I represent, an
80-plus room hotel I represent in inland Collier County; employs 25 of
your constituents.
I also speak to you on behalf of the Collier County Sports
Council; represents 32 hotels, attractions, restaurants in the
community that value the tourism industry and the destination that we
have here.
First off, I would like to thank County Manager Leo Ochs for
your recommendation, and I think it's an excellent one that you and
your staff have provided. As you know, and has been stated, we are
only able to adequately promote Collier County for roughly five
months of the year. We are a year-round destination, and we need to
have additional funding.
I think Commissioner Coyle's brought up a great idea that, you
know, we really need it in 10 months of the year. Whether or not we
need advertising today could be disputed, but there's definitely more
than five months. I think there's a good 10-plus months that could use
advertising.
Our county spends less than any other county we compete with
as a tourist destination on a per-hotel-room basis.
In Collier County, hotel revenue per available room, which is
how we kind of measure how we do things here, increased by
six-and-a-half percent in 2012, which is great, but that being said,
Palm Beach County, a competitor of ours, spent nearly 35 percent
more per hotel room than we did, and their revenue per available room
went up 9.2 percent.
Sarasota County, a county I also work in, spends almost double
what we -- or I'm sorry -- spends more than we spend per room on a
basis -- on a per-room basis, and their revenue increased over
12-and-a-half percent.
Clearwater and St. Pete spent nearly twice what we spent per
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hotel room, and they saw 12-and-a-half percent increase; you nearly
double the increase we saw last year.
So had we been advertising more year round like these other
counties are, I think we could see a much bigger increase in tourist tax
revenue, which will bring in the tourist tax tax, which will support one
of the things we're talking about.
And I think the CBB's demonstrated that the media -- that the day
they spend additional monies in advertising, additional revenues come
in, and when they stop advertising, the additional revenues slow down.
So I think it's important that we allow Jack to do what he does best.
In addition to the media additional advertising that I'm supporting
that Leo Ochs is recommending, I think it's also critical that Collier
County be recognized, the Sports Council specifically would like to
mention that we would like to see an additional two employees hired
for Collier County sports marketing.
A survey was done, and of the eight counties that were surveyed
that we compete in, eight -- some counties hired as much as eight
people to market their destination for sports, which is traditionally in
the 10 months that we're talking about trying to bring more people
here. It's a clean industry, and some -- the average county had 3.3
employees, where we only had .5.
So I'd like to leave you with that and that I ask you to vote yes in
support of Leo Ochs' recommendation to reallocate bed tax.
CHAIRWOMAN HILLER: Thank you. Thank you very much.
MR. WHITE: Thank you.
MR. MILLER: Your next public speaker is Clark Hill. He'll be
followed by Darren Robertshaw.
MR. HILL: Good afternoon.
CHAIRWOMAN HILLER: Can I ask how many more speakers
we have after this?
COMMISSIONER COYLE: Five.
MR. MILLER: Yes, five.
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February 26, 2013
CHAIRWOMAN HILLER: Can I see a show of hands of who
the other speakers are? Okay. Got it. Okay.
COMMISSIONER COYLE: Six.
MS. CARRINGTON: Could you make it six?
MR. MILLER: That's your prerogative.
CHAIRWOMAN HILLER: Yeah, let's do that. But before we
continue, I'd like to make a recommendation that we continue 11C. I
think it's premature at this point in time to address this in light of the
change that we're proposing, and I think it really would be prudent if
we could sit down with staff and review, you know, the staffing and
the contract or what eventually would be contract changes before we
address this at this time.
And I would move it to when you bring back this policy and/or
ordinance change, which I expect will be at the next meeting or the
meeting after that.
MR. OCHS: If that's -- you know, if that's the pleasure of the
board.
CHAIRWOMAN HILLER: Well, let's wait till Commissioner
Henning comes back. And the reason I want to wait till he returns is
because he sits on the TDC, and I want to make sure that it takes into
consideration that.
Why don't you go ahead and get started while we address that.
Because I really am concerned that we will not have the time. We
have a very important agenda, and that is setting the budget. And if we
get into a big discussion on this, in light of all the discussion that
we've had that impacts this, you know, it just --
COMMISSIONER FIALA: Plus we have a 4 o'clock
time-certain.
COMMISSIONER NANCE: Plus we've got a 4 o'clock
time-certain.
CHAIRWOMAN HILLER: Yeah. Oh, yeah. Are the ATV
people here? Do I see any ATV people? How many? One, two,
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February 26, 2013
okay. Two people.
All right, yeah. And in addition, we have the 4 o'clock
time-certain, so I would really feel it's necessary to continue that item.
Go ahead, Clark.
MR. HILL: Thank you. I'm Clark Hill with the Hilton Naples.
And in the interest of time, I'll make my comments concise.
And Tom White very well iterated the -- what the hope is and
what we'll accomplish with this reallocation of funds.
And so with -- with the knowledge that I support the resolution, I
would like to thank each of you for the time and energy and the efforts
you've put into this issue. And not just today, but going back years
that I've been on the Tourist Development Council.
And I'd like to congratulate Mr. Ochs for developing a
compromised solution that addresses all the needs of the stakeholders.
And the -- all -- and what I've heard today is that we're all going to
work together, and we're going to make it better for all of us. So thank
you for that.
And I'll conclude my remarks. Thank you.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Madam Chair, may I say
something?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: Obviously this motion is going
to pass. Obviously there's some industry people here that can get up
and convince us to pass it, which we're going to do. But I think it
would be more important to also hear -- I mean, if there's anybody
opposed -- like you suggested earlier, you know, if you're --
CHAIRWOMAN HILLER: Right.
COMMISSIONER HENNING: -- you're in favor of it, you
know, tell us --
CHAIRWOMAN HILLER: The right.
COMMISSIONER HENNING: -- and let the next person go.
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CHAIRWOMAN HILLER: So who's in opposition?
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Okay. We have two people in
opposition. Could you please step forward and each take a podium.
And the rest of you, if we could do as follows, after these two
speakers speak in opposition, just approach the podium, state your
name for the record, state you support it, and then, you know, since
comments have already been made, have a seat, if that's agreeable to
you.
UNIDENTIFIED SPEAKER: Fine with us.
CHAIRWOMAN HILLER: That's great.
Thank you. Go ahead.
MR. McKEE: Good afternoon --
CHAIRWOMAN HILLER: State your name for the record.
MR. McKEE: -- Madam Chairman and members of the
commission. My name is Lodge McKee. I'm the president of
Southwest Heritage, which is a nonprofit organization that is the
titleholder to the Naples Depot, which is part of the museum system.
Unfortunately, I'm here again. We've been back time after time
as this has come before you, and I'm here today to listen to another
reiteration of the proposal that was made once before.
And I looked at the premise that Mr. Wert presented on the
board, and it said there are three things we need to accomplish here.
One is to -- is add some money for marketing for -- and add some
money to the beach renourishment plan, and take away some money
from the museums. Those were the three premises. There didn't seem
to be any argument about how we should proceed from there. We look
for ways to get more -- to shift more money to the TDC. May or may
not be a good idea.
But it should be noted that every article in the Naples Daily
News that's appeared in the last year or so relative to tourist activity in
the county says that our numbers are up. There have been articles that
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have also said that our TDC revenues are up. So something is
succeeding rather well. Beach renourishment isn't, and we've got a
pass that's closed, and we've got a bay that's dying, and we have a
museum system that is struggling and really needs more money, not
just to preserve the amount of money that it has budgeted right now.
So the answer is, well, let's take 10 percent, or almost 10 percent,
away from the museum budget and let's say in some sort of soft or
oblique fashion, if we have to make it up we will. And I would really
like to hear from the commission that we're committed to make that
money up, not just simply, well, we'll deal with that when the time
comes.
I'd also like to hear from the commission to the effect that this is
not the first in a phase plan to eliminate the county museum budget
from the tourist development tax.
I don't think that's an appropriate position, and I hope this isn't
just the first go-round. It's taken them a long time to take this first
piece out of the museum budget. And, you know, obviously that's
going to happen.
What I haven't heard today is any real support for the museum
system, and it's a pretty extraordinary system. We employ 13 people
and oversee five facilities. The TDC now wants to go from eight to 11
people, and what they oversee is just a whole lot more money. And
we're talking about $200,000. I just don't see why it has to be carved
out under these circumstances.
Thank you very much.
CHAIRWOMAN HILLER: Thank you for your comments.
COMMISSIONER FIALA: Mr. McKee?
CHAIRWOMAN HILLER: Yes, Commissioner Fiala.
COMMISSIONER FIALA: Thank you very much. Let me tell
you, you weren't at the meeting just a couple meetings ago where I
was very vehement about supporting the museums. I didn't want to
see any money subtracted. Not only that, but they were going to
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subtract for five years running --
MR. McKEE: I'm aware of that.
COMMISSIONER FIALA: -- till there's nothing coming there.
So there was an agreement made whereas they're only going to
take $200,000 except that if the -- they feel that the tourism industry
will take in enough to not take that much money away from the
museums, they'll actually be able to make that up. But if not, if not,
the county manager said he will reach into the General Fund.
So, actually, in essence, the only reason I could vote for it was
because I knew you were going to stay funded. And that was very
important to me, because I'm very close to the museums, yet I do
support the tourism industry as well. So this was a good compromise.
MR. McKEE: Well, you certainly surprised me today.
CHAIRWOMAN HILLER: Commissioner Coyle?
Commissioner Coyle?
COMMISSIONER COYLE: Let -- I'd like to hear from the
county manager how comfortable he is with assuring that the
museums will not incur a $200,000 reduction. And would you be
willing to make it up out of personnel costs in the county manager's
budget?
MR. OCHS: Commissioner, yeah, I feel --
CHAIRWOMAN HILLER: Can I interrupt?
MR. OCHS: No, I'm happy to answer it, ma'am.
CHAIRWOMAN HILLER: No. I really think that, you know,
you're asking -- you've been asked to go back and bring back a
proposal, and I don't think that you should be put on the spot now to
have to answer that. What was clearly highlighted in the executive
summary is that there were alternative ways this was going to be done.
So, I mean, I would like to ask that that question be answered
after you have consulted with your staff and discussed it with the other
commissioners, gotten input, and then bring forward your proposal.
COMMISSIONER FIALA: And guarantee the 200,000?
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February 26, 2013
CHAIRWOMAN HILLER: In however fashion that will be
funded, there are many alternative ways to do it, whether it's the
General Fund or some other sources. I really don't think it's fair to put
you on the spot and make you answer a question that we are asking
you to go back and research and come back to us with an answer.
MR. OCHS: Commissioner, that's fine. But I think
Commissioner Coyle does deserve at least a representation that it --
you should know, sir, that I wouldn't have brought this forward if I
didn't believe that I could make sure that the museum operating budget
was made whole under any circumstances.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: Next speaker, please.
MS. JOHNSTON: I'm Joanne Johnston, and I live in Punta
Gorda. I am a relatively new resident of Florida, but I've been coming
down here for -- since just before Charley is when we bought.
One of the most wonderful aspects about getting to know Florida
was taking the Florida Master Naturalist Program and getting to know
the museums and all of the wonderful conservancies and all of the
parks and everything else that make up this rather unique land. When
you come from Canada and then have lived in New York --
CHAIRWOMAN HILLER: Where in Canada?
MS. JOHNSTON: Sioux Lookout, Ontario. It's in Everglades
City in the north.
CHAIRWOMAN HILLER: I'm originally from Montreal.
MS. JOHNSTON: Ah, well, we have plenty to talk about then.
(Chairwoman Hiller and Ms. Johnston conversing in French.)
MS. JOHNSTON: In any case --
COMMISSIONER NANCE: That's twice, Commissioner Coyle.
COMMISSIONER COYLE: Yeah, I understand.
MS. JOHNSTON: You'll make a bilingual country of this
anyhow, one way or the other.
CHAIRWOMAN HILLER: Exactly, and it's going to be what,
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February 26, 2013
French and English, right?
MS. JOHNSTON: Maybe so.
But in any case, I'm here to tell you that I am a bed-tax payer. I
come down to Everglades City, to Naples, I go to Sarasota a lot, and
we -- my husband and I happily pay the bed tax.
My question is, why does Collier County have so low a bed tax?
It's possibly the lowest of any county that has a city in it. I
understand it's extremely low. Is it single digit?
CHAIRWOMAN HILLER: If I may, the tax is a function of two
components. One is the interest rate -- or I should say is the rate -- not
the interest rate -- but the rate, and the other is a function of the room
rate, and we have probably the highest room rates of anywhere in the
state.
So when you take the percentage and you multiply it by the
average rate, you come up with a very high tax.
MS. JOHNSTON: Well, I don't know about that so much. It
doesn't feel like it's high to me compared to where I go and enjoy the
Florida I'm coming to know.
I'm very, very impassioned about your museum system, because I
have to tell you, coming from where I come from New York, Toronto,
all of those places, you have gems that are beyond what I have known
elsewhere.
I just spent, for the fourth year in a row, now an extra day, the
fourth day at the Everglades City Museum. I don't know why they
call it the Marjorie Douglas -- Marjory Stoneman Douglas Festival
anymore, because it is not a festival where you go to eat seafood and
dance and listen to music unless, of course, it's some fantastic
bluegrass that's right outside the museum doors.
But I go because it is possibly the most intellectually stimulating,
supportive, and in every other way, meaningful kind of place and kind
of academic conference, if you'd like, that I have ever encountered
that is run by a museum that is not the Smithsonian or not the New
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York Metropolitan Museum or not some of the major museums of the
world. It's from a tiny, tiny place, and it's done the same way up here
in your main one.
When I was representing the Visual Arts Center in Punta Gorda,
we were looking for an expert to come and speak to us, do a program
on what we called -- we were calling then the western frontier. That
was going to be our theme. David Scranton, the name -- the
gentleman who was at your main museum.
I'll take a minute or two, since we had our conversation, right?
He came -- he was the expert that was given to us, and he convinced
us to call it America's frontier, because he spoke to us so incredibly
about how Florida was Florida, was the last frontier, the role of the
war. You have such incredible resources in these museums.
I think you should forget about taking any money away from
them and, in fact, give them more.
CHAIRWOMAN HILLER: Thank you.
MS. JOHNSTON: And get it from somewhere else. There will
be somewhere else in the budget.
CHAIRWOMAN HILLER: Thank you very much. Appreciate
it.
That being the last speaker, all in favor of the motion.
COMMISSIONER HENNING: Well, let's confirm that these
people don't want to speak that signed up.
CHAIRWOMAN HILLER: Oh, yeah. Oh, forgive me. Do you
all want to come up and -- do you want to speak?
MS. CARRINGTON: I would like to.
CHAIRWOMAN HILLER: Okay. Go ahead. Sure.
MS. CARRINGTON: Nancy Carrington, president of the Marco
Island Area Chamber of Commerce and also business owner on
Marco. I'm owner of the Marco Island Florist. And nothing has been
said as far as retail, and I just want to reiterate in the floral business,
destination weddings are a big portion of our business, and we sure do
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benefit from what's allocated now for bringing people here, and I
would just love to see the vote go yes because it definitely impacts
more than just hotels.
CHAIRWOMAN HILLER: Great. Well, thank you.
MS. CARRINGTON: Thank you.
CHAIRWOMAN HILLER: Is there anyone else who'd like to
come to the podium and affirm their position?
MR. CHONDARY: Ten second.
CHAIRWOMAN HILLER: Sure, not a problem. Not a
problem.
MR. CHONDARY: Mac Chondary. I'm past period of Chamber
of Commerce of Marco Island.
I only want to say one thing, is I have been living in Collier
County for 24 years. First time, I want to commend the county
manager. I should call him county leader, in my opinion, who comes
up with a compromise where all other things we have been discussing
and opposing each other -- and I applaud him for this, and I definitely
100 percent with him also.
And I hope you will all consider this, because this is good for
Collier County. It's not for the hotels. Collier County. Thank you
very much.
CHAIRWOMAN HILLER: Did you actually live in Montreal?
No.
MR. CHONDARY: I lived in France.
CHAIRWOMAN HILLER: In France, okay.
(Commissioner Hiller and Mr. Chondary conversing in French.)
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Sony, I'm sorry.
All right. Is there anybody else who would like to speak? I
mean, it's a free-for-all at this point.
I speak German too. I forgot to tell you that. We can switch, you
know.
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February 26, 2013
Don't worry, only you and I can have a secret conversation
beyond this point.
Is it okay if we call the vote now? Do I have an agreement on
that? All right.
COMMISSIONER COYLE: No, let's just talk some more.
CHAIRWOMAN HILLER: I just figured we might as well.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
UNIDENTIFIED SPEAKER: What was the motion?
MR. OCHS: Commissioners, thank you.
CHAIRWOMAN HILLER: The recommendation proposed by
staff, which Commissioner Fiala had proposed and I had seconded,
and that basically occurred about an hour-and-a-half ago, so I can
completely understand why you were wondering what the motion was.
MR. OCHS: Madam Chair? Oh, I'm sorry.
CHAIRWOMAN HILLER: Before we go on, can I ask for your
business card, Mr. White? Can I have it, please? If you could give it
to the county attorney, I would appreciate it.
Item #11C
RECOMMENDATION TO APPROVE THE RECOGNITION OF
ADDITIONAL UNCOMMITTED FY12 CARRY FORWARD OF
UP TO $450,000 AND ALL NECESSARY BUDGET
AMENDMENTS FOR ADDITIONAL DESTINATION
MARKETING EFFORTS AND TOURISM DEPARTMENT STAFF
— MOTION TO RECOGNIZE THE FYI 1/12 CARRY FORWARD,
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ALLOCATE $200,000 FOR INCREASED MARKETING AND
BRING BACK STAFFING NEEDS WITH TDT POLICY
CHANGES AT THE MARCH 12, 2013 BCC MEETING —
APPROVED
MR. OCHS: Madam Chair, with respect to 11C --
CHAIRWOMAN HILLER: Yeah.
MR. OCHS: -- what we'd like to do, with the board's permission
-- that item had three components of it. The proponent that's
proposing staff additions we'd be happy to continue, but there are two
other elements of the carry forward funding that will immediately help
our group business from a marketing standpoint. We'd like to quickly
present those two items and see if we could get some board approval.
CHAIRWOMAN HILLER: So the 200,000 for those two items,
the 100,000 each --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- as opposed to the 250- --
MR. WERT: Yes.
CHAIRWOMAN HILLER: -- and continue the 250-?
MR. OCHS: That's correct, yes.
MR. WERT: Yes, ma'am.
CHAIRWOMAN HILLER: Let's go ahead and do that.
MR. OCHS: Is that acceptable?
CHAIRWOMAN HILLER: Now, let me ask. Is everyone here
going to be talking to that as well? How many people have signed up?
MR. MILLER: I have seven registered speakers at this point.
CHAIRWOMAN HILLER: Okay.
MR. OCHS: But if they want to talk about adding the positions,
we're not going to do that today.
CHAIRWOMAN HILLER: Is anyone here to address adding the
position? So everybody here is to talk about adding the marketing to
those two components? Is anyone here in opposition to that? Are you
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all going to just stand up and say you agree and that we should do it?
UNIDENTIFIED SPEAKERS: Yes.
UNIDENTIFIED SPEAKER: That's why we're here.
CHAIRWOMAN HILLER: Great, I like it. Okay. So go ahead.
MR. WERT: Thank you, Madam Chair. For the record, Jack
Wert, tourism director.
The purpose is to, first of all, have you recognize as a board some
additional uncommitted Fiscal Year 12 carry forward. The amount
we're talking about is 450,000. This is a result of the increased tourist
tax revenue that we had above what was projected and above what we
budgeted for this current fiscal year.
So we're asking, first of all, for that recognition. And the uses
that we're talking about -- and we'll just deal with the first two --
earmarking up to $100,000 to enhance our television digital and social
media advertising and promotion campaigns right now in the northern
U.S. markets, primarily the greater New York area and the greater
Chicago market, and some in some Florida feeder markets as we get
into the springtime.
And, secondly, to earmark $100,000 of the 450,000 for additional
group marketing assistance. You recall a couple years ago we put
some money toward enhancing the RFPs that we get for group
meetings. This program has absolutely turned out to be a true winner.
The hotels really do support it.
When we get into the final four or five in terms of a decision
process for a group meeting, if we're able to, with some of these funds,
sponsor an opening reception or something to that effect, it has
definitely helped us tip the scale and get that business, and it's really
worked for us this year. So those would be two uses of that 450,000
that has --
CHAIRWOMAN HILLER: But we're going to limit -- all right.
Let's limit the discussion --
MR. WERT: Just to that. That's fine.
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February 26, 2013
CHAIRWOMAN HILLER: -- what we're approving today,
which is 100,000 to enhance television and other media, and 100,000
for additional group marketing.
MR. WERT: Yes, ma'am.
COMMISSIONER HENNING: I'm going to make a motion to
approve that; however, since it's on our agenda, I'm very supportive of
the other -- the positions.
MR. WERT: Yes, sir.
COMMISSIONER HENNING: You know, we have confidence
in Jack to give him money to promote, change the allocation, but we
don't -- but I have the confidence, I should say -- I'm not talking about
anybody else. I have the confidence that these positions that he's
recommending will bring back the money also.
CHAIRWOMAN HILLER: Can you --
MR. WERT: They're truly part of the marketing.
COMMISSIONER FIALA: So your motion is to vote for the
whole enchilada, right?
COMMISSIONER HENNING: Yeah. I'm going to throw that
out there since it's on the agenda --
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: -- and let's see where it goes,
and then we don't have to deal with this again.
CHAIRWOMAN HILLER: I'm not going to be able to vote for
that.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Just so you know, because, I mean,
I can't -- in light of what Commissioner Nance brought up about the
funding and the staffing, I think we need to look at it prudently, you
know. If we're cutting 200,000, which will affect staffing in the
museums and now we're turning around and adding, you know,
250,000 in staffing and admin, I mean, I'm beginning to see a problem
evolve here.
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February 26, 2013
I think this has -- I think the whole issue of Jack's staffing has to
be very carefully evaluated.
COMMISSIONER HENNING: Well -- and it's --
CHAIRWOMAN HILLER: And I would hate to make a rash
decision based on everything I've heard. Because considerations have
been brought forward on this through the public's discussion and the
board's discussion, which I, personally, had not contemplated, and it
has given me somewhat of a different perspective on some of that.
So I would -- I could not support it. I could support the $200,000
allocation towards increasing the marketing, but not the staffing.
COMMISSIONER HENNING: And the museums don't bring in
jobs and more revenue, sales tax, and more -- and more -- are you
done there, making all that noise -- and more tourist tax.
So there is a definite distinction -- Leo puts more people in his
office, does it bring in more revenue.
MR. OCHS: (Shakes head.)
COMMISSIONER HENNING: No, but bringing more staff in
for promotion within the tourism brings in more money.
MR. WERT: If I could, Madam Chair, could I take five minutes
and just give you a rationale for those three? And I won't take any
more than that.
COMMISSIONER NANCE: I would prefer to have an extended
discussion myself because I'd like to address these administrative
issues myself.
CHAIRWOMAN HILLER: Yeah, this isn't -- it's not
appropriate. We're extending the discussion beyond what we agreed
we would address, and so I'd like to stay on task. We agreed that we
were going to address two issues and continue the third, so --
COMMISSIONER HENNING: No, you guys agreed. It's on our
agenda. I haven't amended the agenda. We haven't voted to amend the
agenda. Let's call the motion, and see where it goes, and I could --
CHAIRWOMAN HILLER: Do I have second for Commissioner
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Henning's motion?
COMMISSIONER FIALA: Well, I seconded it before. Yeah,
but you made a good point about the museums.
CHAIRWOMAN HILLER: So again, Commissioner Henning
would like to approve all three, which is 250- for staffing, 100- for
group, and 100- for enhanced television digital and social media. Do I
have a second for his motion?
COMMISSIONER HENNING: Commissioner Fiala seconded
it.
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: Are you seconding his motion?
COMMISSIONER FIALA: I seconded it before. I don't know
that I agree with my second anymore, though. That's the thing.
CHAIRWOMAN HILLER: Well, if you want to withdraw your
second, then you need to state so on the record.
COMMISSIONER FIALA: Yeah. You made a good point
about the museum. I'm really supportive of them, so if that can make
a difference for the museums then --
COMMISSIONER HENNING: I'm going to make a motion,
then, to approve the two allocations, the 100,000 and the 100,000.
COMMISSIONER FIALA: That I can accept, yeah.
CHAIRWOMAN HILLER: So Commissioner Fiala has now
seconded Commissioner Henning's amended motion.
MR. OCHS: Madam Chairman?
CHAIRWOMAN HILLER: Yes.
MR. OCHS: Just as a point of clarification, we are still asking
you to recognize the full 450,000 carry forward.
CHAIRWOMAN HILLER: Right.
MR. OCHS: We will only be authorized to spend the 200,000.
CHAIRWOMAN HILLER: Correct.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: That is correct. And I'm sure that's
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February 26, 2013
what Commissioner Henning intended all along. No question. I'm
sure that's exactly what Commissioner Fiala was going to second.
All right. Public speakers?
MR. MILLER: Your first public speaker is Bob Krasowski. He
will be followed by Tom White.
CHAIRWOMAN HILLER: Would you go to the other podium,
please.
MR. KRASOWSKI: Hello, again, Commissioners. Bob
Krasowski.
CHAIRWOMAN HILLER: And, again, we're limiting the
discussion only to the 200,000 allocated to group marketing and
television and digital. We're not talking about staffing or the other
250,000.
COMMISSIONER HENNING: Even though it's on the agenda.
CHAIRWOMAN HILLER: Even though it's on the agenda.
MR. KRASOWSKI: Forget it. I'm going to say what I want to
say. This is public comment.
CHAIRWOMAN HILLER: Go ahead. Say whatever -- it's
actually not. It's agenda comment.
MR. KRASOWSKI: Okay. Well, look, I was going to say --
CHAIRWOMAN HILLER: Go ahead.
MR. KRASOWSKI: -- attending TDC meetings and stuff, and
listening to Jack and all this stuff, I really see the value in adding one
of those jobs for sports -- for soliciting sports tourism here. I think it's
a big opportunity, and he's on top of it. And the people he already has
working in that could use the help and probably come to you and
show you week by week how we're benefitting from it. So I go along
with that. But take out 200,000 and give it back to the museums, as
far as this other stuff, you know.
So you use a portion of the 250,000 to hire the one person, and
then maybe -- I can't hardly see -- up to 100,000 --
CHAIRWOMAN HILLER: You can turn around and look this
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February 26, 2013
way. It's closer.
MR. KRASOWSKI: Oh, yeah. You're a genius.
CHAIRWOMAN HILLER: What can I say?
MR. KRASOWSKI: So 100 -- enhanced television digital up to
-- additional group marketing.
Maybe put some money towards that, but, along with what
Commissioner Coyle was saying earlier, identify specifically when --
like we have, what, a 30 percent availability rate of hotel rooms on
average, but what are the specific times when that exists. You don't
have to spend a lot of money advertising in January or February.
CHAIRWOMAN HILLER: And just so you know, Bob, for
what it's worth, the analysis of when and where was done by the
subcommittee of the TDC.
MR. KRASOWSKI: Oh, was it; is that right? You have those
numbers? Okay.
CHAIRWOMAN HILLER: So -- and that -- right. And Jack has
already done the full analysis. We have all the recommendations.
Commissioners -- Commissioner Coyle's recommendation is an
excellent one. It has already been asked and answered.
MR. KRASOWSKI: Well, I don't know --
CHAIRWOMAN HILLER: They've done it.
MR. KRASOWSKI: I haven't seen those charts.
CHAIRWOMAN HILLER: Right.
MR. KRASOWSKI: And I watch -- he makes presentations and
stuff. I'd like to see that again --
CHAIRWOMAN HILLER: Right.
MR. KRASOWSKI: -- where the -- when it is.
CHAIRWOMAN HILLER: Jack? Jack?
MR. KRASOWSKI: Mr. Wert?
COMMISSIONER COYLE: Nor have I, nor has anybody else.
CHAIRWOMAN HILLER: Your backup material that you've
been using, you know, that basically the subcommittee compiled, can
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February 26, 2013
you make sure that everyone gets a full copy of the entire book, give it
to the whole board and any member of the community that wants it?
MR. WERT: Be happy to.
MR. KRASOWSKI: Jack, have you ever presented -- if I may --
to the TDC where you actually showed, you know, the room
availability week by week, month by month, and all that?
MR. WERT: We showed that. In fact, I have a slide here.
CHAIRWOMAN HILLER: He did.
MR. KRASOWSKI: Yeah, you should throw that up there.
CHAIRWOMAN HILLER: He did -- he did the whole
presentation, like, a year ago.
(Commissioner Coyle left the Boardroom for the remainder of
the meeting.)
MR. KRASOWSKI: Oh, okay. Well, excuse me, then, you
know. But I think we should look at that again and identify when it
would be most to our advantage to use the money, since we should be
-- when it comes to taking money away from the museums, we should
be very tight with money, you know.
And I thought you folks were doing great on discussing it. I was
surprised you passed the whole previous things, but -- you're going to
talk about it some more, okay.
Thank you very much. Goodbye.
MR. MILLER: Your next public speaker is Tom White. He'll be
followed by Clark Hill.
CHAIRWOMAN HILLER: Clark, I believe, is gone.
MR. WHITE: No, Clark's right here.
CHAIRWOMAN HILLER: Oh, Clark is there. Okay. Sony.
MR. WHITE: Thank you, Commissioner, for allowing me to
speak again.
CHAIRWOMAN HILLER: I was hoping. I'm just kidding.
MR. WHITE: I think we're missing the boat here if we stop
spending on this sports council position. I also manage a hotel in
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February 26, 2013
Sarasota, and in Sarasota -- or in Collier County in 2011, we saw
7,000 room nights associated with the sports market, which had an
economic impact of$5.2 million.
CHAIRWOMAN HILLER: Just -- if I could interrupt. We're
not stopping it. We're continuing it. We're just bringing it back at the
next meeting.
MR. WHITE: So should I not speak on it now?
CHAIRWOMAN HILLER: It's your choice. Whatever you
want, but we're not --
MR. WHITE: Should I come back?
CHAIRWOMAN HILLER: We want it -- because of the -- you
definitely --
COMMISSIONER HENNING: I don't have any control issues.
You can talk about anything you want.
MR. WHITE: Well, I want to do it when it's relevant and
meaningful. I don't want to hold everyone up when --
CHAIRWOMAN HILLER: Can I make a suggestion?
MR. OCHS: We're not going to deal with the positions today.
CHAIRWOMAN HILLER: I would come back, because all
we're doing is we're bifurcating this because so many issues have been
raised about the salaries and the positions and the museums, so this is
-- this is not being denied. It's being continued so that we get more
information and --
MR. WHITE: Well, all these people in the front row are here for,
primarily, the two positions in sports, because they believe 32 hotels,
attractions, and destinations in the area -- believe that those two
positions are critical to help grow marketing of this destination in the
off season.
So I really think that that shouldn't have been taken off the table,
but as it has, I'll be back, and I guess we'll all be back next time.
CHAIRWOMAN HILLER: Again, we're not taking it; we're
delaying it so we can gather more information.
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February 26, 2013
MR. WHITE: It's been delayed twice in --
CHAIRWOMAN HILLER: No. This is the first time it's been
brought forward to us.
MR. WHITE: Yeah, no. It was delayed the last time it was
pulled off the agenda, right, Jack?
COMMISSIONER HENNING: Yep.
MR. WHITE: Yeah, Jack says it was.
CHAIRWOMAN HILLER: No, no, that was different. The
whole -- no, what was continued was the whole proposal regarding the
amendment because more work had to be done on the policy and
ordinance changes. And since they were being treated as companions,
they were just continued together. But that's a different issue.
But it's up to you. You can speak now and then not come back.
You can speak now and come back. It's entirely up to you. But we're
not -- the motion that's on the table right now is for the $200,000 and
not to address the payroll changes.
MR. WHITE: I guess I'll come back when that's on the board. I
wish that hadn't been taken off, but we'll come back as a group,
hopefully, then to address that, because --
UNIDENTIFIED SPEAKER: We'll be back. We're not giving
up.
CHAIRWOMAN HILLER: It's entirely up to you. Like I said,
you're welcome to speak now and then, or you can wait.
MR. MILLER: Your next public speaker's Clark Hill. He'll be
followed by Nancy Carrington.
MR. HILL: Yes, Clark Hill. And I'll just wait until the next
meeting and address it at that time. Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Nancy Carrington is your next speaker. She'll be
followed by Mac -- I'm not going to be able to pronounce the last
name. And he is no longer here. Is Nancy here?
(No response.)
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February 26, 2013
MR. MILLER: Randy Smith?
UNIDENTIFIED SPEAKER: He left.
MR. WHITE: He was also the same type of conversation.
MR. MILLER: Darren Robertshaw.
MR. ROBERTSHAW: Good afternoon. My name is Darren
Robertshaw. I'm president of Collier Hotel and Lodging Association,
and we are also in -- have tourism with us now as well.
We are in support, obviously, of the dollars, and we will be back
to speak on the other issue as well.
CHAIRWOMAN HILLER: Awesome. Thank you. One of the
best tri-athletes in Collier County, by the way, just in case anyone was
wondering.
COMMISSIONER HENNING: Is that it?
CHAIRWOMAN HILLER: Any other speakers?
MR. MILLER: No.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I don't have any other comment.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. WERT: Thank you, Commissioners, for your support.
CHAIRWOMAN HILLER: And then, Leo please bring back --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- payroll item.
Does the court reporter need a break? Yeah. Could we -- we're
going to take a 10-minute break, and then we'll be back to discuss the
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February 26, 2013
ATV agenda item.
COMMISSIONER HENNING: We only have two more items.
Are we going to try to finish up tonight?
CHAIRWOMAN HILLER: Yes, we are. We are -- by the way,
the meeting will conclude at 6 o'clock tonight, and we will be able to
address both those issues in that time, the budget policy and the ATV.
(A brief recess was had.)
MR. OCHS: Commissioner, you have a live mic.
CHAIRWOMAN HILLER: Thank you.
Item #1 1 F
RECOMMENDATION TO ACCEPT STAFF'S PROGRESS
REPORT FOR LOCATING A POTENTIAL ALL TERRAIN
VEHICLE (ATV) PARK SITE AND THAT THE BOARD OF
COUNTY COMMISSIONERS APPROVE TWO ALTERNATE
MEMBERS TO THE SEVEN MEMBER ALL TERRAIN
VEHICLE (ATV) PARK SITE AD HOC COMMITTEE — MOTION
TO EXTEND EXISTENCE OF THE ATV PARK SITE AD HOC
COMMITTEE 12 MONTHS, ALLOW THE COMMITTEE TO
SEEK LETTERS OF INTEREST THAT MAY INCLUDE
PROPERTY BEYOND THE COLLIER COUNTY BORDER,
ACCEPT STAFF'S PROGRESS REPORT, CONTACT DADE
COUNTY TO AGAIN EXPLORE POSSIBLY USING THE
JETPORT PROPERTY AND APPOINTING GREG WESTGATE &
ED LUKOSAVICH AS THE TWO ALTERNATIVES TO THE
ATV PARK SITE AD HOC COMMITTEE — APPROVED
MR. OCHS: Madam Chair, you have a 4 p.m. time-certain that
we're a little bit late on. It's 11F. It's a recommendation -- it's a
recommendation to accept staffs progress report for locating a
potential all-terrain vehicle park site and that the Board of County
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February 26, 2013
Commissioners approves two alternate members to the seven-member
All-terrain Vehicle Park Site Ad Hoc Committee.
Mr. Casalanguida will present.
MR. CASALANGUIDA: Thank you, County Manager. Good
afternoon, Commissioners.
Your executive summary lays out pretty much all the points. I'm
going to just hit some highlights and have the chairman of the
committee speak as well, too.
Your team that was included for this project was pretty varied. It
included our GMD staff, Connie Dean, who's done an excellent job,
and myself and some other folks as well; Barry Williams from parks
and rec; and real property, Hans Russell and Toni Mott.
Now, the ad hoc committee also was started about a year ago,
little less. And we have Chairman Joe Pelletier here.
We used some outside consulting, very little, just to development
some maps. And the community's met about eight times, including
some site visits.
We evaluated 200 parcels that were identified, and we sent out 73
owner notices, to contact us, to let us know if they were interested.
Several expressed interest but after follow-up decided not to pursue an
ATV park or even a public-private partnership.
The board approved a budget, about $100,000. We've only spent
about $30,000; 10,000 to develop maps and do screening and 20,000
of real property. All parks and rec's time and GMB (sic) has not been
billed to the account. So we've been pretty prudent about it.
The biggest thing is the outcomes we've seen. The committee
will tell you -- and the committee chair, I'll ask him to speak in a few
moments -- is it's pretty apparent to us that as we come out of this
recession, that $3 million will not acquire a parcel or group of parcels
to connect it within Collier County as of right now. And even if we
did acquire something smaller, just to go through design, construction,
and mitigation is pretty excessive.
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February 26, 2013
None of the property owners have really showed interest either in
a public-private partnership as well, because we offered that as some
of the options if they wanted to take this on.
That's pretty much a brief outline, and the executive summary
tells you the rest.
The committee met last Wednesday, and the agenda had already
been printed, so at the end of this I'm going to kind of annunciate three
or four points that I'll ask the board to consider.
With that, I'll ask Joe to come up and talk a little bit about his
experience with us, and then we'll go from there.
CHAIRWOMAN HILLER: Thank you.
MR. PELLETIER: Good afternoon, Commissioners. I'd just like
to ask that --
CHAIRWOMAN HILLER: If you'd please state your name for
the record.
MR. PELLETIER: My name is Joseph Pelletier, Collier County
resident for 17 years.
I'd just ask the board to consider allowing the committee to
continue on. I believe it was a 12-month commitment we made, and
we'd like to extend that. It's going to take longer. We've worked
extremely hard up to this point to get to where we are, and none of us
want to give up. We think it can be done.
CHAIRWOMAN HILLER: Sure. And how much longer would
you like?
MR. PELLETIER: Another 12 months.
CHAIRWOMAN HILLER: Okay. And so I'll make a motion
that we extend the existence of this committee for another 12 months
to continue exploring opportunities. Okay.
COMMISSIONER FIALA: I'll second it.
CHAIRWOMAN HILLER: Any discussion?
MR. CASALANGUIDA: Commissioners, a little more to add, if
I could.
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February 26, 2013
CHAIRWOMAN HILLER: Of course.
MR. CASALANGUIDA: Thank you, Joe.
I've got to tell you, the committee members have been fantastic,
extremely professional, courteous. They've worked every weekend --
CHAIRWOMAN HILLER: And fiscally conservative.
MR. CASALANGUIDA: And fiscally conservative -- and
they've worked weekends on their own. Joe didn't tell you that, but
they've spent quite a bit of time on their own going through the
review.
So what we have on the recommendation is to appoint the two
alternate members, Greg Westgate and Ed Lucusovich (phonetic), so
that, hopefully, will be part of your motion, the board accepts the
committee's report and staffs report, that we have done a pretty good
due diligence within the county, and that we'll continue to look inside
the county.
But at one of the presentations, when the board asked me to take
this on with parks and rec and real property, was that we keep that
look within Collier County. And I think when the committee met
Wednesday night was the discussion that, while we will still continue
to look in Collier County, we will reach out with letters of interest or
requests for letters of interest outside the county.
CHAIRWOMAN HILLER: Requests for letters of interest.
MR. CASALANGUIDA: That's right, just to say, if people
would like to, you know, get involved, and if that comes to fruition,
we might put out a formal RFP, request for proposal, to work with the
county. But I think it's too early to do that.
CHAIRWOMAN HILLER: Well, you wouldn't put out an RFP
till you came back to the board and report to us what the options are.
MR. CASALANGUIDA: Yes, ma'am, that's correct. And that
the board extends the committee one year. And I think that would
cover everything.
CHAIRWOMAN HILLER: So I'll amend my motion to extend
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February 26, 2013
the existence of this committee for one year, to recommend the two
alternate members as named, to allow the committee to go out and
seek proposals or options --
MR. OCHS: Letter of interest.
MR. CASALANGUIDA: Letters of interest.
CHAIRWOMAN HILLER: -- letters of interest, options.
County Attorney, is that appropriate? Is that the right
terminology? I mean, letters of interest somewhat concerns me. I'm
not sure that's the right terminology for what they're doing.
MR. KLATZKOW: We understand what we're doing here.
CHAIRWOMAN HILLER: Well, can we clarify it for the
record.
MR. KLATZKOW: I don't see any issue with letters of interest,
quite frankly.
CHAIRWOMAN HILLER: So -- okay.
MR. CASALANGUIDA: There's no commitment there with
that.
CHAIRWOMAN HILLER: Letters of interest that include
properties beyond the county border, and -- was there a third? Oh,
accept the committee's report.
MR. CASALANGUIDA: And then extend the committee for a
period of 12 months.
CHAIRWOMAN HILLER: I already did that.
MR. CASALANGUIDA: That's it.
CHAIRWOMAN HILLER: Can I have a second to the amended
motion?
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. Thank you for your support
on this. Thank you to the committee and Mr. Pelletier for all your
work and county staff for what they've done to continue to keep this
quest alive. This is something that's been talked about over a decade
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February 26, 2013
now.
I'd like to add one more thing, and that is based on a discussion
that I had with the committee and with county staff the last time it met
here a week or so back, and that is to allow county staff to re-establish
contact and to examine if there's still interest from Dade County on the
Dade/Collier/Cypress recreation area, which is the old abandoned
jetport site, which was fully supported by this board in the past but did
not receive support from DCA.
So I think there are -- based on what's going on with that
property, it's 24,000 acres, which is owned by the Dade County Port
Authority or a successor, and it is -- primarily in Collier County. And
what they have declared was their intention to convert that site from
an aviation use to a recreation use, and people have presented it as a
park within a park.
So I would like the blessing of the board to go out and reach out
and see if we could get in contact with Dade County again to see if
there's an opportunity to relook at this.
CHAIRWOMAN HILLER: That falls within my motion where I
recommend that they go beyond the borders to seek letters of interest,
so that would -- and that would be a recommendation of one such
letter of interest that you would solicit.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. I like that idea, because
I'm fearful that we're going to get some proposal from a yahoo that has
mined his land and wanting to sell it to the county for --
CHAIRWOMAN HILLER: Sure.
COMMISSIONER HENNING: -- a purpose that -- you couldn't
drive an ATV in a hole with a bunch of water in it. So that's my
concern, that we seek out more viable things than trying to bail out
somebody who couldn't sell his property to a developer --
CHAIRWOMAN HILLER: Understood.
COMMISSIONER HENNING: -- because it's way out there.
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February 26, 2013
CHAIRWOMAN HILLER: Thank you. Do we have any public
speakers on this?
MR. MILLER: No.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously, thank
you.
Item #11G
RESOLUTION 2013-59: RECOMMENDATION TO ADOPT THE
FISCAL YEAR 2014 PROPOSED BUDGET POLICY — ADOPTED
MR. OCHS: Commissioner, 11G is the recommendation to
adopt the Fiscal Year 2014 Proposed Budget Policy.
Mr. Isackson will present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: I can see that all the commissioners
read their agenda packet for today's session.
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: The policy hasn't even been stated,
and it's already approved. They're all joining me with this
overdeveloped sense of urgency. Go ahead.
MR. ISACKSON: Oh, I don't really need to put anything on the
record. Obviously, Pages 475 to 504 of your packet encompassed the
policies that we're looking for for '14.
CHAIRWOMAN HILLER: Could you summarize for the
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February 26, 2013
benefit of our viewers what the general proposed policy is so
everybody knows what direction we're taking this in?
MR. ISACKSON: Well, really, the -- some of the critical ones
are, what are we going to do with millage rates? And millage rates
we're proposing at millage neutral. Because we're so heavily reliant
on property taxes, that -- the policy discusses a lot about taxable value,
our tax base, millage rates, and what our history has been and what we
think was going to be happening going forward. So millage neutral is
our proposal.
CHAIRWOMAN HILLER: So for the benefit of the taxpayers,
again, our intent is not to raise the millage rate.
MR. ISACKSON: That's correct.
CHAIRWOMAN HILLER: Is there any discussion?
Commissioner Nance?
COMMISSIONER NANCE: Yes. I'm fully supportive of the
approach. I would like to mention three things which I think are
deserving of additional conversation. All of them fall under the
category of significant expense assumptions.
One of those is something that we talked about a little bit but we
didn't really take very far, and that is the healthcare cost sharing,
particularly with the property appraiser and the tax collector. That's to
the tune of$500,000.
The other two are much more significant and certainly on
subjects that we -- I know we're going to get into further. One of
which is the operation of EMS, which is an expense against the
General Fund for the last 12 years in excess of$11 million average.
And the third one, and the one that I clearly do not know
anything about, but it caught my eye, and I think it's very -- I think
everybody should be interested in confirming this, and that is a
five-year phased expenditure of$15 million for --
CHAIRWOMAN HILLER: It's 25 million, isn't it?
COMMISSIONER NANCE: -- the radio system.
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February 26, 2013
CHAIRWOMAN HILLER: Isn't it 25 million?
COMMISSIONER NANCE: It's a ton of money.
CHAIRWOMAN HILLER: But it's 25 million total.
COMMISSIONER NANCE: It's the 800 megahertz radio
system, and that is an investment over an extended period of time in
technology. And when we're talking about the sorts of monies that we
are talking about expending over time, five years in technology is a
lifetime. A whole technology can come and go in five years.
So I want to make sure that before we commit ourselves to an
expenditure of 15 to 25 million dollars, that we understand clearly that
we're heading in the right direction, and we're doing the right thing.
And I just want to -- like I say, I have no reason to suspect
anything except that I just know how technology is. I watched us
build -- you know, an emergency operations center where they were
bragging about how much wire they had to put in the building, and
now we don't use any wire.
So, you know, we need to be careful when we're talking about
extended amounts of expenditures on technology.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, just a question. It seems like a
twinkling eye ago that we bought another mega-hertz radio system.
Was that --
MR. OCHS: No, ma'am. The 800 megahertz public safety radio
system supports not only the sheriff dispatch and the sheriff, but also
EMS and all of the fire districts in the community. So it's a -- it truly
is a countywide integrated public safety radio system.
COMMISSIONER FIALA: When was the last time we bought
one, though?
MR. OCHS: Oh, geez. When did we buy this, John?
MR. DALY: John Daly, telecommunications manager,
information technology. The system was implemented in 1996, we
converted the first users to it. We have done some incremental
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February 26, 2013
improvements since then to stay current.
COMMISSIONER FIALA: Yeah, because I remember voting
on it.
MR. OCHS: It's been around a long time.
MR. DALY: To stay current. But the original system and most
of the stuff we installed was installed in '96.
CHAIRWOMAN HILLER: Can I ask a quick question?
MR. DALY: Yeah.
CHAIRWOMAN HILLER: And something we should consider
in so many instances with respect to technology as quickly as its
changing is looking at lease options as opposed to buy options. And
you have to look at the financial advantages and disadvantages of
lease versus buy.
But I think the risk of obsolescence with technology is so high
that it might offset the cost because of the obsolescence. It was just a
consideration to look at.
MR. DALY: Yeah, we would expect the upgrades we're looking
at would have a life expectancy of at least 10 years or longer.
MR. OCHS: But that's a good option, ma'am, and we will
explore all of that.
CHAIRWOMAN HILLER: And, basically -- you know, if it
minimizes our capital outlay, keeps us ahead of technology -- I mean,
they're just basic -- you know, basic capital budgeting decisions that
should be considered.
MR. OCHS: Commissioner Nance, your comments are well
taken, sir, and we'll make sure --
COMMISSIONER NANCE: I'm just concerned. You know,
every year you buy, you allow new technology. You know, I don't
want to get halfway through this program and have them go, well you
know, we don't use that anymore.
MR. OCHS: Yeah, same question I had.
COMMISSIONER NANCE: And maybe I'm -- like I say, I
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February 26, 2013
know nothing about it, but it's just a long period of time to pay a lot of
money on technology.
CHAIRWOMAN HILLER: He sounds like Sergeant Schultz. I
know nothing. They went to that -- you know, following that, you
know, Octudebo goth (phonetic), or whatever he said in German the
other day.
COMMISSIONER NANCE: Well, we're going to also have to
introduce a recommendation that we conduct these meetings in
English, I can see that now.
CHAIRWOMAN HILLER: Right. Do we have any public
speakers?
MR. MILLER: No, we do not.
CHAIRWOMAN HILLER: Okay. There being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. ISACKSON: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us to Item 15 on your
agenda this afternoon, staff and commission general communications.
I have no new communications, just to remind the board that we
have your first workshop scheduled for March the 5th at 1 p.m., and
you'll be receiving your agenda shortly on that. Thank you.
CHAIRWOMAN HILLER: Thank you.
County Attorney?
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February 26, 2013
MR. KLATZKOW: Nothing.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I would like to just discuss
with the board some -- an idea of maybe changing the LDC a little bit
for new business, to encourage new business to come into town, and
that is right now there are new businesses wanting to come into town
who have like a signature look, let me say like a McDonald's with the
golden arches or Wendy's or Chili's or whatever. But the -- some of
the recommendations that we have in place discouraged their own
roofline or their own colors, rather, they have to go along with others.
And in two instances we might lose restaurants that are of good
quality because we don't have a provision where we can deviate from
the colors and -- or from the design criteria.
So I was just wondering if possibly we could either talk about
that to see about changing it or loosen -- loosen our design criteria up
or the deviation prospect of that up so we could encourage new
businesses from (sic) coming in.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: That's my first thing.
CHAIRWOMAN HILLER: And your second?
COMMISSIONER FIALA: And my second one is sometime,
not now, but sometime as we climb out of this recession, we're
probably going to have to get back to the discussion about landscaping
again. I don't know if you're getting a lot of notes, but I know I am
saying, well, when are you going to landscape our medians.
Immokalee Road.
CHAIRWOMAN HILLER: Vanderbilt.
COMMISSIONER FIALA: Yeah, Livingston --
CHAIRWOMAN HILLER: Airport.
COMMISSIONER FIALA: -- Road extension, yeah, and Santa
Barbara.
CHAIRWOMAN HILLER: Yep, and --
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February 26, 2013
COMMISSIONER FIALA: So I think maybe we're going to
have to get back to discussion again.
CHAIRWOMAN HILLER: Yeah, I think we do. But I think
Commissioner Henning wants to respond to your colors comment.
You look like you were inching forward there.
COMMISSIONER HENNING: Well, I think you need to talk to
the county attorney and staff and work with them. Insignia of a sign
or color, I think that's protected. But, again, you'll have to work with
staff.
COMMISSIONER FIALA: Actually --
COMMISSIONER HENNING: I'm sure they can help you out.
COMMISSIONER FIALA: Yeah, I did. And they're right now
stuck because of colors and roofline, and -- because in this particular
activity center, they're not allowed, and --
COMMISSIONER HENNING: Oh, is that in the PUD? They're
not allowed in the PUD?
COMMISSIONER FIALA: No. It's --
MR. CASALANGUIDA: It's the activity center.
COMMISSIONER FIALA: It's the activity center.
COMMISSIONER HENNING: Oh, it's Activity Center No. 19.
MR. CASALANGUIDA: Number 9, I think it is.
COMMISSIONER HENNING: Number 9, yeah.
MR. CASALANGUIDA: Yeah, just a little --
COMMISSIONER HENNING: You know, we really -- we do
need to do something, I think, with that activity center in particular.
MR. CASALANGUIDA: Yeah, it's in the GMP, and I think
we've looked at that to what Commissioner --
COMMISSIONER HENNING: It's in the GMP?
MR. CASALANGUIDA: Yeah, and that's the kind of thing
we're looking at, but I think there -- it allow for deviations, and that's
where the code would come in, because I think the conflict now is
PUDs aren't allowed to take advantage of that deviation process. So a
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February 26, 2013
lot of those PUDs in there can't.
We were -- it was one of those ones that was supported by CBIA,
supported by your DSAC, supported by staff. And at the Planning
Commission, as part of the last cycle, they kicked it back.
They wanted -- rather than do an interim fix, which I think is
what Commissioner Fiala was talking about, they wanted the whole
thing done, and we said, well, you know, that was their
recommendation to the Planning Commission, but staff--
COMMISSIONER HENNING: Okay. Well, that was -- if
there's a recommendation from the Planning Commission, they
recommend -- make recommendations to the Board of
Commissioners.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: If that's what their
recommendations are, bring it forward to the Board of
Commissioners. You're going to just bypass what they --
MR. CASALANGUIDA: Understood.
COMMISSIONER HENNING: I mean, they can't really give
you direction. I mean, they have to really give -- give direction for
information and that, but not give direction of the --
MR. CASALANGUIDA: I think that's a great point is we'll
bring the interim solutions that were suggested for. That will help out
a lot, and then we can rework that whole code section. So I think that
-- we can do that. Very good. It's perfect.
COMMISSIONER FIALA: Thank you. I appreciate that. That's
all.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I just have two things I
wanted to mention. One of them goes back to the discussion that we
just had about the museum and promoting tourism, and that was -- it's
an item I didn't pull from the consent agenda, but it was 16D11 . And
what it is is it's a $30,000 expenditure for professional public relations
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February 26, 2013
and marketing for the museum.
And I didn't pull it; perhaps I should have. But I just didn't want
to hold it up because I didn't want to hurt the museums. But what my
message is here is I don't think we're doing a very comprehensive way
of marketing our heritage and cultural features in the county, and I
hope -- and we'll have a chance to talk with Mr. Wert and his staff
about that in the future, but these sorts of expenditures should be
rolled up all in that whole marketing piece.
It's going to cost very little to add a few gems into our marketing
overall for the area to make sure that we get the heritage, the cultural,
and the ecotourism in addition to the beaches and the glitzy things that
Naples is always known for. So I'm hoping we're going to -- in the end
we're going to have a more comprehensive approach to that.
The second thing is on the Gordon River Greenway project,
which I did support 100 percent, and I asked Mr. Ochs for a little bit
of information on the $151,000 in operating and maintenance
expenses, which are projected to occur every year for that project.
And in the $151,000, in addition to that there's approximately one
$40,000 staff member to help with the park, but there's a recurring
estimate of$39,000 every year for landscaping maintenance,
landscape materials, fertilizer, and chemicals.
In my view, the Gordon River Greenway does not require any
landscaping that needs to be maintained on a continuous basis. If we
want to put landscaping in there, it should be native landscaping that
should enhance what's already there. It's supposed to be a natural
project. I can't imagine we're going to spend $40,000 every year
maintaining landscaping in that park.
It's just -- I don't think it's appropriate. I don't think it's what the
park's all about. It's supposed to be a natural area. We certainly don't
want to get in a situation where we have to be applying fertilizer,
herbicides, and chemicals out in that environment. That's an
environment around the Conservancy. It's supposed to be a natural
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February 26, 2013
area, so --
COMMISSIONER HENNING: Not to interrupt you. I'm sure it
has everything to do with the landscaping requirement around the
parking lot.
COMMISSIONER NANCE: Well, we need to have our head
examined then, if we're going to spend, you know, $390,000 every
decade to, you know -- we've got to do better.
COMMISSIONER HENNING: Business has been doing that
forever in their parking lot.
COMMISSIONER NANCE: Well, that's my 2 cents worth.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I borrowed Commissioner
Nance's aide on Saturday, and we went to Immokalee for a number of
things, but one thing that Mr. Flanagan took me to have is a gordita.
CHAIRWOMAN HILLER: A gordito?
COMMISSIONER HENNING: A gordito.
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER HENNING: At this one place. And he told
me it's $2. Well, I'm thinking, well, $2 is not going to feed me. So he
got one of them, and I got two. And, anyways, they were so good that
I had to eat both of them.
CHAIRWOMAN HILLER: Can you tell us where you ate?
COMMISSIONER HENNING: At the corner of Main and First.
But, anyways, one of the things I wanted to bring up is the
guidance that we gave to staff of no anonymous phone calls --
CHAIRWOMAN HILLER: For code enforcement?
COMMISSIONER HENNING: -- for code enforcement. Now, I
just want to clarify what our guidance was to the Board of
Commissioners' staff was we are accepting anonymous phone calls if
somebody wants to come in and doesn't want to have -- you know,
wants to say something about their neighbor or a family member or
something like that. We can choose to take it to code enforcement.
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February 26, 2013
I'm just trying to understand the policy.
CHAIRWOMAN HILLER: Us individually or our aides?
Because like, for example, my aide was getting all these phone calls
where people were claiming, you know, anonymously where there
were issues. So they were just circumventing the system. I don't
believe that was what was intended.
I think you want citizens to come to their individual
commissioner and meet with their commissioner if they don't want to
make an anonymous complaint so they can talk to their commissioner
about it; is that your intent?
COMMISSIONER HENNING: My intent was for my district, if
they have a concern about retaliation, they can make an anonymous
complaint.
CHAIRWOMAN HILLER: Through you, personally?
COMMISSIONER HENNING: No, through my office.
CHAIRWOMAN HILLER: Through your office, okay.
COMMISSIONER HENNING: Not personally.
CHAIRWOMAN HILLER: Just clarifying.
COMMISSIONER HENNING: Yeah. I mean, I just -- because
I'm -- what I'm hearing is, our office is rejecting phone calls, so
anyways.
COMMISSIONER NANCE: Yes. I have received -- I have
received them personally and taken action on the ones that I have
gotten calls on.
COMMISSIONER HENNING: Yeah.
COMMISSIONER NANCE: But I haven't done anything
without -- I haven't proceeded without examining what the
circumstances were and made sure it wasn't a domestic dispute or
something of that nature.
COMMISSIONER HENNING: And I agree. What it does for
me, Commissioner Nance, it allows me to understand what the public
is dealing with.
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February 26, 2013
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: And I might bring some
legislation over to, you know, kind of relieve that.
COMMISSIONER NANCE: I'm supportive of it. I want to
move things forward, but I just wanted to make sure that some of the
past offensive things that we'd had were not continuing.
CHAIRWOMAN HILLER: Like, you know, snitching code
enforcement officers, things like that that, you know, really were
upsetting in your community. I don't believe we had that in other
districts necessarily, but you had instances before you came on the
board where I guess there were individuals who were doing that.
COMMISSIONER NANCE: Yes.
COMMISSIONER FIALA: Or animal rights or --
CHAIRWOMAN HILLER: Could you -- yeah, and that kind of
thing, too.
COMMISSIONER FIALA: Where they really feel strongly
about being able to --
MR. OCHS: Madam Chair?
COMMISSIONER HENNING: Well, I got to say that I received
a phone call about an animal, okay, and I'm glad that person took the
time to call me because that animal was abused. So, you know, that's
a very emotional thing when you talk about animals. And, you know,
if somebody wants to -- somebody has a complaint about the animal --
CHAIRWOMAN HILLER: May I make a suggestion,
Commissioner Henning, since you're, you know, passionate about this
issue and have a lot of good ideas, could you work with the county
attorney and the county manager and develop some sort of policy and
bring it back, and let's formalize it so it eliminates uncertainty and,
you know, possible misinterpretations as to what applies?
COMMISSIONER HENNING: Well, let me work with our staff
in the office.
CHAIRWOMAN HILLER: Okay, sure. And then -- but bring
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February 26, 2013
something back for all of us that -- you know, and for the benefit of
the public that clearly delineates what can and can't be done and how
it should or shouldn't be done.
COMMISSIONER NANCE: We need to reassure the public that
there is a mechanism --
CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: -- that we're not just denying the
problem, but that there is a mechanism that's appropriate.
CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: I have no problem with that.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: That sounds great.
I have two things to share; both are very positive.
COMMISSIONER HENNING: It's 6 o'clock.
CHAIRWOMAN HILLER: The first one -- because I want to
end on, like, a super high note. So, the first one is really positive.
I actually went to see the Addams Family. Remember, Valentine's
Day I was telling you all how I do think, like, they're the epitome of
romance. And we went to Barbara B. Mann, and we saw the musical,
which was really outstanding, right.
And on Valen- -- or the meeting before Valentine's Day I told
you the single most important word is "surrender," you know; for a
good relationship you've got to surrender, or they have to surrender,
whichever way you want to look at it.
But I have to share with you that I actually learned there's more
to it than that, based on the Addams Family. And the two words that
came out of the Addams Family musical for, you know, the ultimate
relationship were -- it's going to sound like government, and that's
where the problem comes in -- trust and transparency.
So I was, like, sitting there going, oh, my God. It is, like, so
government, all right. I couldn't get it out of my head. I was, like,
thinking of work the whole time I was watching the show. It was
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outstanding.
So here are the three words: Surrender, trust, and transparency.
And with that, you can rule the world and any relationship. Now,
that's part one.
Part two, I have exceptional news. I'm hoping that Friday sunset
I can meet you all out at Clam Pass and we can be partying together
because Fish and Wildlife has approved our biological opinion, and
the Army Corps is currently finalizing it. I think we're going to have
the last document in to them by tomorrow, and I am hoping, based on
everything I have heard, that by Friday we're going to get the permit.
So sunset, Clam Pass, meet me there.
COMMISSIONER HENNING: With a shovel.
CHAIRWOMAN HILLER: Wear your party hat. With a shovel,
with a shovel.
So everybody keep your fingers crossed. But it is just so
imminent. And I want you to know I made a bet with someone at
Whole Foods the other day, and they said, oh, you know, government
is terrible, and it will never happen. It will be forever. And I said, oh,
you're so wrong. And we bet a bottle of wine. And I told him, you
luck out because I can't accept it anyway so, you know, he will get it
at the end of the day no matter what.
COMMISSIONER NANCE: We're going to put you down on a
long list of Floridians that have stood up and said, rejoice, the Army
Corps of Engineers is coming?
CHAIRWOMAN HILLER: Exactly.
COMMISSIONER NANCE: We'll see how that holds up.
CHAIRWOMAN HILLER: And as a matter of public record, I
must state that Fish and Wildlife has done an exceptional job, the
Army Corps has done an exceptional job, our state DEP has done an
exceptional job, and our staff has done an exceptional job to expedite
this and make this happen.
So, like I said, party, 6 o'clock, Clam Pass, Friday night. I'm
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February 26, 2013
hoping. And if not, I will be sorely disappointed. I'm going to call
Tunis (phonetic) and tell him I made a public announcement. If you
don't deliver -- no, I'm kidding.
MR. OCHS: The pressure's on.
CHAIRWOMAN HILLER: So -- and that's it. We're done, and
it's 6:02.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER NANCE: Thank you.
**** Commissioner Hiller moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
TO FIND THAT WAIVING COMPETITION IS IN THE BEST
INTEREST OF THE COUNTY AND HIRING WILCOX
APPRAISAL SERVICES TO APPRAISE IMPROVED
RESIDENTIAL PARCELS REQUIRED FOR ACQUISITION
OF RIGHT-OF-WAYS NECESSARY FOR THE FOUR-LANING
OF GOLDEN GATE BOULEVARD, EAST OF WILSON
BOULEVARD — FOR A PROPOSED NOT-TO-EXCEED FEE OF
$69,000 FOR APPRAISING APPROXIMATELY 25 PARCELS
SAVING COSTS BY INCORPORATING PREVIOUS FINDINGS
INTO THE APPRAISER'S OPINION ON COMPENSATION
Page 250
February 26, 2013
THAT WILCOX APPRAISAL SERVICES DISCOVERED AFTER
DOING A 2007 IN-DEPTH MARKET STUDY REGARDING
POTENTIAL SEVERANCE DAMAGES
Item #16A2
PURCHASE AGREEMENT FOR ACQUISITION OF RIGHT-OF-
WAY REQUIRED FROM COLLIER COUNTY WATER-SEWER
DISTRICT FOR US 41/COLLIER BOULEVARD INTERSECTION
IMPROVEMENTS (ESTIMATED FISCAL IMPACT: $180,200.00)
— FOR A 4,938 SQUARE FOOT PARCEL (104FEE) AND
REIMBURSING THE CWS DISTRICT FOR ANY FACILITY
RELOCATION COSTS THEY HAVE AND ALSO INCLUDES
CONVEYING A TEMPORARY CONSTRUCTION EASEMENT
TO THE COUNTY FOR THREE (3) YEARS AT NO COST
Item #16A3
RESOLUTION 2013-38: FINAL APPROVAL OF PRIVATE
ROADWAY & DRAINAGE IMPROVEMENTS FOR HERITAGE
BAY UNIT THREE FINAL PLAT, APPLICATION AR-PPL-9903,
WITH THE IMPROVEMENTS PRIVATELY MAINTAINED;
AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY
AND ACCEPTING PLAT DEDICATIONS — IMPROVEMENTS
WILL BE MAINTAINED BY THE CDD
Item #16A4
RESOLUTION 2013-39: FINAL APPROVAL OF PRIVATE
ROADWAY & DRAINAGE IMPROVEMENTS FOR HERITAGE
BAY PHASE 2A FINAL PLAT, APPLICATION AR-PPL-9903,
WITH IMPROVEMENTS PRIVATELY MAINTAINED;
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February 26, 2013
AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY
AND ACCEPTING PLAT DEDICATIONS — IMPROVEMENTS
WILL BE MAINTAINED BY THE CDD
Item #16A5
CONTRACT #13-6011 IN THE AMOUNT OF $728,578 WITH
FLORIDA MARINE CONSTRUCTION, INC., FOR SOUTH
MARCO BEACH EROSION CONTROL STRUCTURES —
INCLUDES REBUILDING 5 EXISTING ROCK STRUCTURES
ON AND OFF SHORE ACCORDING TO ORIGINAL DESIGN
SPECIFICATIONS
Item #16A6
CONTRACT #13-6009, IN THE AMOUNT OF $630,185 WITH
CAVACHE, INC. FOR THE SOUTH MARCO BEACH SAND
RENOURISHMENT PROJECT — FOR APPROXIMATELY 77,000
CUBIC YARDS OF BEACH COMPATIBLE SEDIMENT ALONG
THE SOUTHERN SHORELINE AND INCLUDES THE OPTION
OF USING AN ADDITIONAL 15,000 CUBIC YARDS OF SAND
FOR WHAT.WAS LOST FROM TROPICAL STORM DEBBIE
FROM THE CAXAMBAS PASS BORROW SITE IF FEMA
FUNDS ARE APPROVED ON A TIMELY BASIS
Item #16A7
A WORK ORDER UNDER CONTRACT #09-5262-CZ WITH
ATKINS NORTH AMERICA, INC. FOR POST-TROPICAL
STORM ISAAC PHYSICAL BEACH MONITORING OF THE
COUNTY'S MAIN BEACHES FOR A LUMP SUM OF $59,800
AND AUTHORIZING THE COUNTY MANAGER OR HIS
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February 26, 2013
DESIGNEE TO EXECUTE THE WORK ORDER — TO MONITOR
STORM DAMAGE ON VANDERBILT, PARK SHORE AND
NAPLES BEACHES WITH POSSIBLE REIMBURSEMENT BY
FEMA
Item #16A8
A WORK ORDER UNDER CONTRACT #09-5262-CZ WITH
ATKINS NORTH AMERICAN, INC. FOR A LUMP SUM
AMOUNT OF $22,012 — FOR PHYSICAL MONITORING OF
DOCTORS PASS TO DETERMINE CURRENT CONDITIONS,
EXISTING SHOALING AND POTENTIAL DREDGING
SOLUTIONS THAT INCLUDES A BATHYMETRIC SURVEY
OF DOCTORS PASS FROM THE MOUTH OF THE GULF OF
MEXICO TO THE INTERIOR CHANNEL AND CONSISTENT
WITH PREVIOUS BATHYMETRIC SURVEYS OF THE PASS
Item #16A9
RESOLUTION 2013-40: EXECUTING AND AUTHORIZING THE
CHAIRWOMAN TO SIGN (1) A HIGHWAY LANDSCAPING
INSTALLATION AND MAINTENANCE AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR
DAVIS BLVD. BUFFER IMPROVEMENTS; (2) A RESOLUTION
EVIDENCING BOARD APPROVAL AND AUTHORIZATION
FOR THE CHAIRWOMAN TO SIGN THE AGREEMENT; AND
(3) A COLLIER COUNTY LANDSCAPE MAINTENANCE
AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES
HERITAGE GOLF AND COUNTRY CLUB — PART OF THE
DAVIS BLVD. ROAD WIDENING PROJECT AT NO COST TO
THE COUNTY AND WITH FDOT INSTALLING THE
LANDSCAPE BUFFER AND NAPLES HERITAGE GOLF &
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February 26, 2013
COUNTRY CLUB MAINTAINING THE IMPROVEMENTS
Item #16A10 — Continued to the March 12, 2013 BCC Meeting (Per
Agenda Change Sheet)
CONTRACT #09-5278 CHANGE ORDER 5, WITH STANLEY
CONSULTANTS, INC. IN THE AMOUNT OF $350,000 AND
ADDING 413 DAYS (PHASE I) FOR DESIGN & RELATED
SERVICES FOR INTERSECTION CAPACITY IMPROVEMENTS
AT US41 & SR/CR 951 INTERSECTION AND RESURFACING,
RESTORATION AND REHABILITATION (3R) ROADWAY
IMPROVEMENTS TO SR 951 PROJECT #60116
Item #16A1 1
RESOLUTION 2013-41 : DECLARING A PUBLIC HEARING TO
CONSIDER PETITION AVESMT-PL20120002638, VACATING A
PORTION OF 30-FOOT EASEMENTS FOR PUBLIC ROAD
RIGHT-OF-WAY AS RECORDED IN OR BOOK 3537, PAGE
1017, OR BOOK 764, PAGE 1667 AND OR BOOK 166, PAGE 752
IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA —
WILL BE ADVERTISED FOR A FUTURE BOARD MEETING
Item #16Al2
RESOLUTION 2013-42: ACCEPTING A SPEED LIMIT STUDY
REPORT AND AUTHORIZING RAISING THE SPEED LIMIT ON
COUNTY ROAD 858 FROM OIL WELL TO IMMOKALEE
ROAD (CR 846) FROM 45 (FORTY—FIVE) MPH TO 55 (FIFTY-
FIVE) MPH AT AN APPROXIMATE COST OF $400 — AN
ENGINEERING AND TRAFFIC STUDY FOUND A HIGHER
SPEED LIMIT OF 55 MPH WAS WARRANTED
Page 254
February 26, 2013
Item #16A13
RESOLUTION 2013-43: DECLARING A PUBLIC HEARING TO
CONSIDER PETITION VAC-PL20120002668,VACATING A
PORTION OF A 15-FOOT WIDE DRAINAGE EASEMENT,
BEING A PART OF LOTS 77 AND 78, QUAIL WEST PHASE III,
UNIT 7, PLAT BOOK 46, PAGES 89 THROUGH 102 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA — WILL
BE ADVERTISED FOR A FUTURE BOARD MEETING
Item #16A14
AFTER THE FACT APPROVAL BY THE BOARD OF COUNTY
COMMISSIONERS TO DISPOSE OF SURPLUS PROPERTY
(DUCTILE IRON PIPE AND SPACERS) ASSOCIATED WITH
UNUSABLE MATERIAL FROM THE GATEWAY TRIANGLE
STORMWATER IMPROVEMENTS PHASE II, PROJECT #51803
— AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A15
DETERMINING $350,000 IS AN ELIGIBLE AMOUNT FOR
COSTS ASSOCIATED WITH THE FY13 HIDEAWAY BEACH
EROSION CONTROL STRUCTURE PROJECT BASED ON THE
JANUARY 16, 2013 PROPORTIONALITY ANALYSIS BY
COASTAL ENGINEERING CONSULTANTS REVIEWED BY
COLLIER COUNTY STAFF, MAKE A FINDING THE ITEM
PROMOTES TOURISM AND APPROVE NECESSARY BUDGET
AMENDMENTS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16B1
Page 255
February 26, 2013
AMENDING THE FY 13 BUDGET FOR THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY-BAYSHORE
GATEWAY TRIANGLE (CRA) TO INCLUDE FUNDING POST
DESIGN ENGINEERING SERVICES FOR THE GATEWAY
TRIANGLE'S RESIDENTIAL TERTIARY STORMWATER
PROJECT — UTILIZING $33,500 IN FY12 CARRYFORWARD TO
CONTINUE THE STILL UNDERWAY PROJECT
Item #16B2
AWARD INVITATION TO BID #12-5966, CARSON ROAD
SIDEWALK IMPROVEMENTS, TO QUALITY ENTERPRISES
USA, INC. IN THE AMOUNT OF $134,395.77 AND AUTHORIZE
THE CHAIRWOMAN TO SIGN THE AGREEMENT — FOR A
NEW SIDEWALK ON THE WEST SIDE OF CARSON ROAD
FROM LAKE TRAFFORD ROAD TO WESTCLOX STREET
Item #16B3
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING IN ITS CAPACITY AS THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVE AFTER-THE-
FACT SUBMITTAL OF A DISASTER RECOVERY INITITATIVE
(DRI) GRANT APPLICATION TO COLLIER COUNTY
DEPARTMENT OF HOUSING, HUMAN AND VETERAN
SERVICES (HHVS) FOR GRANT FUNDING IN THE AMOUNT
OF $503,900 FOR SIDEWALKS AND DRAINAGE SYSTEM
IMPROVEMENTS IN THE IMMOKALEE CENTRAL BUSINESS
DISTRICT — ON COLORADO AVENUE AND SOUTH FIFTH
STREET IN IMMOKALEE
Item #16B4
Page 256
February 26, 2013
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING IN ITS CAPACITY AS THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVES SUBMISSION
OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATION TO COLLIER COUNTY HOUSING & HUMAN
SERVICE DEPARTMENT FOR ADDITIONAL GRANT FUNDS
IN AN AMOUNT OF $83,000 TO SUPPORT IMPLEMENTATION
OF SERVICES PROVIDED BY THE IMMOKALEE BUSINESS
DEVELOPMENT CENTER (IBDC) AND AUTHORIZE THE CRA
BOARD CHAIRMAN TO EXECUTE A SUBRECIPIENT
AGREEMENT ACCEPTING THE GRANT — FUNDS AWARDED
WILL BE USED TO SUPPORT ENTREPRENEUR ACTIVITIES,
PROVIDE TECHNICAL ASSISTANCE, AND FOR WORKSHOPS
AND TRAINING
Item #16C1
AWARD AGREEMENT #12-5972, LIME SLUDGE HAULING
AND DISPOSAL TO PROLIME CORPORATION — TO DISPOSE
OF THE BYPRODUCT FROM THE LIME SOFTENING WATER
TREATMENT PROCESS AT THE SOUTH COUNTY REGIONAL
WATER TREATMENT PLANT TO MEET FDEP COMPLIANCE
FOR AN APPROXIMATE ANNUAL FY COST OF $185,000
Item #16C2 — Moved to Item #11J (Per Commissioner Henning
during Agenda Changes)
Item #16D1
SATISFACTION OF MORTGAGE FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM (SHIP) IN
Page 257
February 26, 2013
ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY —
REPAYING THE SHIP GRANT FUND $938.70 FOR PROPERTY
AT 1961 ROOKERY BAY DRIVE #403, NAPLES
Item #16D2
ADOPTING INCENTIVE STRATEGIES RECOMMENDED BY
THE AFFORDABLE HOUSING ADVISORY COMMITTEE TO
INCORPORATE IN THE 2013-2016 LOCAL HOUSING
ASSISTANCE PLAN (LHAP) UNDER THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR
APPROVAL AT A FUTURE BOARD MEETING — WILL BE
PRESENTED TO THE BOARD & ADOPTED BY RESOLUTION
AT THE FINAL MEETING IN APRIL TO MEET A STATUTORY
SUBMITTAL DEADLINE OF MAY 2, 2013 TO THE FLORIDA
HOUSING FINANCE CORPORATION
Item #16D3
(2) SATISFACTIONS OF MORTGAGE FOR REPAYMENT OF
LOANS AWARDED THROUGH THE STATE HOUSING
INITIATIVES PARTNERSHIP "SHIP" PURCHASE ASSISTANCE
PROGRAM IN THE AMOUNT OF $5,500 — FOR PROPERTY AT
3311 EUROPA DRIVE, UNIT 325, NAPLES AND 2841 47TH
TERRACE SW, NAPLES
Item #16D4
RELEASE OF LIEN FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR AN OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNIT THAT HAS BEEN
REPAID IN FULL — $8,947.84 HAS BEEN REPAID TO COLLIER
Page 258
February 26, 2013
COUNTY FOR THE 2006 AGREEMENT FOR PROPERTY AT
4420 BOTANICAL PLACE CIRCLE #205, NAPLES
Item #16D5
AWARD INVITATION TO BID #13-5991, COMCAST
GULFSHORE DRIVE UNDERGROUND CONVERSION, IN THE
AMOUNT OF $347,535.46 TO CABLE WIRING SPECIALISTS
INC. — TO REMOVE AND RELOCATE ABOVE GROUND
COMCAST UTILITIES FOR UNDERGROUND CONVERSION
ON GULFSHORE DRIVE AND ADJOINING SIDE-STREETS
Item #16D6
A BUDGET AMENDMENT IN THE AMOUNT OF $17,886.87
RECOGNIZING FUNDS RECOVERED IN CONNECTION WITH
A COLLIER AREA TRASIT BUS SHELTER CLAIM — FOR AN
AUTO ACCIDENT IN 2011 INVOLVING A BUS SHELTER ON
THE WEST SIDE OF SANTA BARBARA BOULEVARD, SOUTH
OF PRINCE ANDREW BOULEVARD
Item #16D7
A DONATION AGREEMENT WITH LIEBIG MANAGEMENT,
INC. AND ACCEPTING A WARRANTY DEED TO CONVEY
112 SQUARE FEET, MORE OR LESS (PARCEL 264FEE) FOR
PUBLIC TRANSPORTATION IMPROVEMENTS — TO PROVIDE
A SAFE WAITING AREA, ALLOW ADA ACCESS TO THE
EXISTING BUS STOP AND ADD AMENITIES ALONG DAVIS
BLVD. ON PROPERTY IDENTIFIED AS FOLIO #70720400101
Item #16D8
Page 259
February 26, 2013
CHAIRWOMAN TO SIGN AN EXHIBITION AGREEMENT
WITH THE MENNELLO MUSEUM OF AMERICAN ART IN
ORLANDO, FLORIDA, AND A BUDGET AMENDMENT
RECOGNIZING AND APPROPRIATING $6,000 IN MUSEUM
REVENUE TO EXHIBIT WORK FROM COLLIER COUNTY
MUSEUM'S ROB STORTER ART COLLECTION IN ORLANDO
FROM MAY 1, 2013 TO JANUARY 6, 2014, WITH MENNELLO
MUSEUM PAYING FOR ALL INSURANCE, SHIPPING AND
HANDLING COSTS
Item #16D9
MODIFIED MEMORANDUMS OF UNDERSTANDING WITH
THE SWFL WORKFORCE DEVELOPMENT BOARD, INC. FOR
PARK & REC'S "MIRACLE PLUS 1 AND MIRACLE PLUS 2
PROGRAMS", ADDING "SNACKS" AS A REIMBURSABLE
EXPENSE UNDER SECTION II OF POLICY PROVIDE SWIM
LESSONS/SAFETY AND REC CAMPS TO CHILDREN IN
IMMOKALEE AND HIS YEAR WILL BE MARCH 11-14 AND
JUNE 10-20, 2013 AT THE IMMOKALEE SPORTS COMPEX
Item #16D10
REJECT INVITATION TO BID #12-5962, FOREST LAKES
MSTU SIDEWALK, LIGHTING & LANDSCAPE PROJECT —
BIDS EXCEEDED THE MSTU'S BUDGET AND WERE
CONDUCTED WITHOUT ALTERNATES, THAT MAY HAVE
PROVIDED FOR MODIFIED BIDS AND WILL BE RE-BID
WITH A REDUCED SCOPE TO MEET BUDGET CONSTRAINTS
Item #16D11
Page 260
February 26, 2013
CHANGE ORDER 2 TO CONTRACT #11-5725 WITH LOU
HAMMOND & ASSOCIATES, INC. FOR PUBLIC RELATIONS
AND MARKETING SERVICES FOR COLLIER COUNTY
MUSEUMS FOR AN ANNUAL AMOUNT OF $30,000 — USING
PUBLICITY TOOLS IN THE SCOPE OF SERVICES UNDER
CONTRACT #11-5725 TO BROADEN THE MUSEUM'S APPEAL
TO LOCAL, NATIONAL AND INTERNATIONAL VISITORS
Item #16D12
RESOLUTION 2013-44: CONSENTING TO THE TRANSFER OF
AN AFFORDABLE HOUSING MULTIFAMILY DEVELOPMENT
KNOWN AS SADDLEBROOK VILLAGE APARTMENTS ON
DAVIS BOULEVARD AND APPROVING ASSIGNMENT AND
ASSUMPTION OF THE AFFORDABLE HOUSING DENSITY
BONUS AGREEMENT — AS DETAILED IN THE EXECUTIVE
SUMMARY AND ADOPTED WITH CHANGES
Item #16E1
RATIFYING PROPERTY, CASUALTY, WORKER'S COMP AND
SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE
RISK MANAGEMENT DIRECTOR FOR THE FIRST QUARTER
OF FY13 AND PURSUANT TO RESOLUTION 2004-15
Item #16E2
PURCHASE OF MEDICATION BY EMS USING CONTRACT
#09-5217 DUE TO DRUG SHORTAGES AND VOLATILE
MARKET PRICES AND TO UTULIZE A MODIFIED 2-QUOTE
SOLICITATION PROCESS — WILL ALLOW STAFF TO
PURCHASE DRUGS OFF CONTRACT WHEN THEY ARE
Page 261
February 26, 2013
UNAVAILABLE AT CONTRACT PRICES OR THE VENDOR IS
UNABLE TO PROVIDE THEM
Item #16E3
SETTLEMENT FOR NEGLIGENCE CLAIM #22-02151201177
WITH LIZ PFUNDER IN AN AMOUNT OF $19,000 — ROUGHLY
HALF THE CLAIM AMOUNT WITH NO ADMISSION OF
LIABILITY BY THE COUNTY AND EACH PARTY AGREEING
TO PAY THEIR OWN COSTS
Item #16E4
REQUEST PROPOSALS FOR THE ANALYSIS FROM EAST
NAPLES FIRE DISTRICT & MARCO ISLAND FIRE DISTRICT
FOR THE OPERATIONAL MANAGEMENT OF THE ISLES OF
CAPRI FIRE DISTRICT — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F1 — Continued to the March 12, 2013 BCC Meeting (Per
Agenda Change Sheet)
CONTRACT #09-5174 AMENDMENT 2, MANAGEMENT OF
PELICAN BAY SERVICES WITH DORRILL MANAGEMENT
GROUP, TO INCREASE NUMBER OF HOURS PER MONTH,
FEES AND EXTENDING THE CONTRACT TERM AN
ADDITIONAL TWO (2) YEARS; AND AUTHORIZE THE
CHAIRWOMAN TO APPROVE THE AMENDMENT
Item #16F2
STAFF TO PREPARE AND SUBMIT DECLARATIONS OF
Page 262
February 26, 2013
CONTINUED USE TO MAINTAIN SERVICE MARK
REGISTRATIONS WITH THE UNITED STATES PATENT &
TRADEMARK OFFICE TO PRESERVE COUNTY TOURISM
RELATED ADVERTISING, LOGOS, PHRASES AND SLOGANS
— FOR EXCLUSIVE USE OF THE LOGOS "NAPLES MARCO
ISLAND EVERGLADES PARADISE COAST", "PARADISE
COAST BLUEWAY" AND "PARADISE COAST BLUEWAY-
COLLIER COUNTY PADDLING TRAIL" AND PROVIDING THE
COUNTY WITH ADDITIONAL LEGAL PROTECTION WHEN
THE LOGOS/PHRASES ARE USED IN ADS OUTSIDE THE
STATE WITH A COST OF $100.00 PER DECLARATION
Item #16F3
RESOLUTION 2013-45: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO FY 12-13 ADOPTED BUDGET
Item #16F4
A BUDGET AMENDMENT REPORT IMPACTING RESERVES
IN AN AMOUNT UP TO AND INCLUDING $25,000 AND A
BUDGET AMENDMENT MOVING FUNDS — BA #13-209,
COURT IT FEES FOR COMPUTER EQUIPMENT FOR THE
STATE ATTORNEY'S OFFICE
Item #16F5
ADOPTING A SET OF GUIDING PRINCIPLES FOR COLLIER
COUNTY THAT WILL APPLY TO RESTORE ACT FUNDING
AND DIRECTING STAFF TO COORDINATE A SELECTION
COMMITTEE TO REVIEW PROPOSED PROJECTS — AS
Page 263
February 26, 2013
DETAILED IN THE EXECUTIVE SUMMARY
Item #16G1
AUTHORIZING THE AIRPORT AUTHORITY EXECUTIVE
DIRECTOR TO EXECUTE AN AMENDMENT TO THE
IMMOKALEE AIRPORT HANGAR LEASE AGREEMENT
BETWEEN THE AIRPORT AUTHORITY & SHERIFF'S OFFICE
TO CORRECT A SCRIVENER'S ERROR — CHANGING THE
$1,479.03 MONTHLY FEE TO THE CORRECT MONTHLY FEE
OF $1,497.03
Item #16G2 — Moved to Item #14A1 (Per Agenda Change Sheet)
Item #16H1
CONTINUED FROM THE FEBRUARY 12, 2013 BCC MEETING.
COMMISSIONER HILLER'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE BEACH BALL GALA FOR
THE CHILDREN'S ADVOCACY CENTER FEBRUARY 23, 2013.
$100 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL
BUDGET — HELD AT NAPLES BEACH HOTEL, 851 GULF
SHORE BOULEVARD NORTH, NAPLES, FLORIDA
Item #16H2
COMMISSIONER HILLER'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE LAWS OF LIFE EVENT
ON FEBRUARY 27, 2013 AT NAPLES HILTON. $45 TO BE
PAID FROM COMMISSIONER HILLER'S TRAVEL BUDGET —
Page 264
February 26, 2013
LOCATED AT 5111 TAMIAMI TRAIL N, NAPLES
Item #16H3
COMMISSIONER HILLER'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE 2ND ANNUAL AVE MARIA
UNIVERSITY SCHOLARSHIP DINNER FEBRUARY 21, 2013.
$107 TO BE PAID FROM COMMISSIONER HILLER'S TRAVEL
BUDGET — HELD AT THE RITZ CARLTON, 280 VANDERBILT
BEACH ROAD, NAPLES, FLORIDA
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE TWIN THOUGHTS ONE
MESSAGE LUNCH ON FEBRUARY 15, 2013. $60 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H5
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED A CREATING TIMELESS TRAVEL
MEMORIES EVENT FEBRUARY 18, 2013. THE SUM OF $25 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
Page 265
February 26, 2013
PURPOSE. SHE ATTENDED THE 12TH ANNUAL MEN OF
DISTINCTION AWARD CELEBRATION FEBRUARY 7, 2013.
THE SUM OF $125 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET
Item #16H7
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE FOUNDATION FOR THE
DEVELOPMENTALLY DISABLED 2013 GALA & AUCTION
FEBRUARY 23, 2013. THE SUM OF $50 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H8
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE NAPLES PLAYERS 60TH
ANNIVERSARY CELEBRATION MARCH 18, 2013. $100 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF JANUARY 26, 2013
THROUGH FEBRUARY 1, 2013AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 2, 2013
THROUGH FEBRUARY 8, 2013 AND FOR SUBMISSION INTO
Page 266
February 26, 2013
THE OFFICIAL RECORDS OF THE BOARD
Item #16J3
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 9, 2013
THROUGH FEBRUARY 13, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4 — Added (Per Agenda Change Sheet)
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 14, 2013
THROUGH FEBRUARY 20, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16K1
MEDIATED SETTLEMENT AGREEMENT AND STIPULATED
FINAL JUDGMENT DRAFTED INCORPORATING THE SAME
TERMS AND CONDITIONS AS THE MEDIATED AGREEMENT
AWARDING FULL COMPENSATION, ATTORNEY FEES AND
EXPERT FEES AND COSTS IN THE AMOUNT OF $101,286.30
FOR PARCEL 156DE AND 156TCE IN THE LAWSUIT STYLED
COLLIER COUNTY V. MAX CAP, INC., ET AL., CASE NO. 12-CA-
1749 (US41 DITCH/NAPLES MANOR CANAL/LASIP PROJECT
#51101) (FISCAL IMPACT: $68,656.30)
****Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Summary Agenda be adopted ****
Item #17A
Page 267
February 26, 2013
RESOLUTION 2013-46: PETITION VAC-PL20120002180,
TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND
PUBLIC INTEREST IN A PORTION OF THE UNIMPROVED
DAVILA STREET RIGHT-OF-WAY, RECORDED IN OFFICIAL
RECORD BOOK 144, PAGES 634-635, OFFICIAL RECORD
BOOK 183, PAGE 359, AND THAT PART OF DAVILA STREET
AS SHOWN ON THE PLAT OF GREEN HERON ACRES,
RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART
OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, ALL BEING A PART OF THE
BUTTONWOOD PRESERVE RPUD, BEING MORE
SPECIFICALLY SHOWN IN EXHIBIT "A"
Item #17B
RESOLUTION 2013-47: PETITION AVPLAT-PL20120002420,
TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND
PUBLIC INTEREST IN A PORTION OF THE SOUTHERLY
10-FEET OF AN EXISTING 20-FOOT DRAINAGE EASEMENT
LOCATED IN TRACTS D AND E, NORTHBROOKE PLAZA,
AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY FLORIDA, MORE SPECIFICALLY
SHOWN IN EXHIBIT "A"
Item #17C
RESOLUTION 2013-48: PETITION VAC-PL20120002673A,
VACATING A PORTION OF A 12-FOOT WIDE DRAINAGE &
UTILITY EASEMENT, BEING A PART OF LOTS 30 AND 31,
Page 268
February 26, 2013
BLOCK 217 OF GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES
124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
Item #17D
RESOLUTION 2013-49: PETITION VAC-PL20120002591, TO
REMOVE COUNTY INTEREST IN AN EXISTING DRAINAGE
EASEMENT, BEING A PART OF TRACT "A" OF 3500
CORPORATE PLAZA, PLAT BOOK 44, PAGES 23 THROUGH
24 OF PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING A PART OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY FLORIDA, MORE
SPECIFICALLY SHOWN IN EXHIBIT "A"
Item #17E
RESOLUTION 2013-50: ESTABLISHING A PUBLIC TRANSIT
ADVISORY COMMITTEE
Item #17F
ORDINANCE 2013-22: AMENDING ORDINANCE 2009-23,
"REGULATION OF OUTDOOR BURNING AND INCENDIARY
DEVICES DURING DROUGHT CONDITIONS ORDINANCE,"
TO ALLOW THE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS TO DECLARE A BURNING BAN ON
BEHALF OF THE BOARD IN ABSENTIA AND TO CLARIFY
CERTAIN PROVISIONS OF THE ORDINANCE
Item #17G
Page 269
February 26, 2013
RESOLUTION 2013-51 : APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO FY12-13 ADOPTED BUDGET
Item #17H
RESOLUTION 2013-52: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FY12-13 BUDGET IN
CONNECTION WITH CLERK'S PAY PLAN ADJUSTMENTS
*****
Page 270
February 26, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:02 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONIN APPEALS/EX
OFFICIO GOVE ' ► ING BOARD(S) OF
SPEC /A *1ST ' , CTS UNDER ITS CONTROL
1 A A
GEO 'f'A'AV ILLER, ESQ., CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, CLERK
bc.A
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1 . ■ 0.0
D.C .
tt. t as to ciiimaifs.
signItuxe only .
These minutes appr ved by the Board on ?f '214.1/03
p
as presented V or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 271