BCC Minutes 09/10/2013 R BCC
REGULAR
MEETING
MINUTES
September 10, 2013
September 10, 2013
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida
September 10, 2013
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m. in REGULAR
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRWOMAN: Georgia Hiller
Tom Henning
Fred Coyle
Donna Fiala
Tim Nance
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel — Finance Director
Tim Durham, Corporate Business Operations Executive Manager
Troy Miller, Manager of Television Operations
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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
September 10, 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 Vice- Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB 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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September 10, 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. Pastor Michael Bannon - Crossroads Community Church
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
C. Approval of today's regular agenda as amended.
D. June 20, 2013- BCC/Budget Meeting
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September 10, 2013
E. June 25, 2013- BCC/Regular Meeting
F. July 9, 2013- BCC/Regular Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating September 9-13, 2013 as Partnership for Collier's
Future Economy Industry Appreciation Week in Collier County. To be
accepted by John Cox, President and CEO; Julie Schmelzle, Chairman of
the Board of Partnership for Collier's Future Economy; Michael Wynn,
Chairman of the Board of The Greater Naples Chamber; Edward Morton,
Co-Chairman of the Partnership for Collier's Future Economy; and Bruce C.
Register, Director, Collier County Business & Economic Development
Department. Sponsored by the Board of County Commissioners.
B. Proclamation recognizing the United Way of Collier County for their
dedication to citizens in our community. To be accepted by Steven L.
Sanderson, President and CEO, United Way of Collier County. Sponsored
by the Board of County Commissioners.
C. Proclamation recognizing Gulf Citrus Growers Association for its focus on
key issues of economic importance to sustainable growth and development
of the citrus industry in the region and Collier County. To be accepted by
Wayne Simmons, GCGA President; Ron Hamel, GCGA Executive Vice-
President; Carey Soud, GCGA Immediate Past President; Jamie Weisinger,
GCGA Public Relations Committee; Gary Briscoe, Barron Collier Company
and Bernadette Rashford, GCGA Administrator Membership Relations.
Sponsored by Commissioner Hiller.
D. Proclamation designating September 21, 2013 as Fall Prevention Awareness
Day in Collier County. To be accepted by Jorge Aguilera and members of
Collier County's Injury Prevention Coalition. Sponsored by Commissioner
Hiller.
5. PRESENTATIONS
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September 10, 2013
A. Presentation of Collier County's Business of the Month for September 2013
to Naples Transportation and Tours. To be accepted by Randy Smith, Owner
and employees Beth Fromm, Londa Cunningham and Phil Hymel.
6. PUBLIC PETITIONS
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. Recommendation to direct the County Attorney to bring back to the Board
an ordinance abolishing the Airport Authority Advisory Board and direct the
Airport Authority Executive Director to meet with tenants quarterly for
cooperative efforts related to marketing and operations and to grow business.
(Commissioner Henning)
B. Appointment of members to the Golden Gate Estates Land Trust Committee.
C. Appointment of member to the Collier County Code Enforcement Board.
D. Appointment of member to the Consumer Advisory Board.
E. Appointment of member to the Board of Building Adjustments and Appeals.
F. Appointment of member to the Affordable Housing Advisory Committee.
G. Appointment of members to the Black Affairs Advisory Board.
H. Appointment of members to the Water and Wastewater Authority.
I. Appointment of members to the Rock Road Improvement MSTU Advisory
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September 10, 2013
Committee.
J. Appointment of members to the Educational Facilities Authority.
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to award Invitation
to Bid (ITB) #13-6147, Collier County Beach Renourishment Project to
Eastman Aggregates (renourishment of Vanderbilt and Pelican Bay) for
$3,532,179.99 and Phillips and Jordan (renourishment of Park Shore and
Naples Beach) for $5,897,771.27; authorize the Chairwoman to execute two
county attorney approved contracts with both firms; make a finding this item
promotes tourism; and approve all necessary budget amendments. (Gary
McAlpin, Growth Management Coastal Zone Manager)
B. This item to be heard at 10:45 a.m. Recommendation to approve an
Interlocal Agreement with East Naples Fire District for operational
management of the Isles of Capri Fire District. (Len Price, Administrative
Services Administrator)
C. Recommendation to approve the Office of Business and Economic
Development's proposed FY 2014 Business Plan. (Bruce Register, Business
and Economic Development Director)
D. Recommendation to award Invitation to Bid #13-6122R in the amount of
$1,214,943.99 to Kyle Construction, Inc., to replace Water Mains on 91st
and 92nd Avenues North, Project Number 71010. (Tom Chmelik, Planning
and Project Management Director)
E. Recommendation to award Request for Proposal (RFP) #12-5968 Automatic
Meter Reading Systems to Ferguson Waterworks, Inc., for the purchase of
automatic meter reading system components. (Steve Messner, Water
Department Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
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September 10,2013
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation to authorize the County Attorney to send a 30-day
written notice of termination to Greg Shepard for his refusal to allow
the inspection of his premises, and should Mr. Shepard fail to cure the
breach within that time, to further authorize the County Attorney to
take whatever action is necessary to remove Mr. Shepard from the
premises and to seek appropriate damages. (Commissioner Henning)
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve extensions for completion of subdivision
improvements associated with the Reflection Lakes at Naples Phases
3F, (AR-7826) 3G, (AR-7776) and 3K, (AR-7827) subdivisions
pursuant to Section 10.02.05 B.11 of the Collier County Land
Development Code.
2) Recommendation to approve an extension for the completion of
subdivision improvements associated with the Valencia Golf and
Country Club - Phase 2A (AR-8975) subdivision pursuant to Section
10.02.05 B.11 of the Collier County Land Development Code.
3) Recommendation to approve an extension for the completion of
subdivision improvements associated with Valencia Lakes Phase 6-A
(AR-5383) subdivision pursuant to Section 10.02.05 B.11 of the
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September 10,2013
Collier County Land Development Code.
4) Recommendation to approve an extension for the completion of
subdivision improvements associated with Arrowhead Reserve at
Lake Trafford Phase One (AR-3771) and Arrowhead Reserve at Lake
Trafford Phase Two (AR-3974) pursuant to Section 10.02.05 B.11 of
the Collier County Land Development Code.
5) Recommendation to adopt a resolution to hold a public hearing to
consider vacating a portion of 10th Street as shown on the plat of
Eastover, Plat Book 1 Page 97, of the Public Records of Collier
County, Florida, also being a part of Section 3, Township 47 South,
Range 29 East, Immokalee, Collier County, Florida. (Petition VAC-
PL20130001313)
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve a Resolution superseding and replacing Resolution 2006-160,
amending the policies and procedures for: 1) closing and vacation of
road rights-of-way; 2) vacation and annulment of plats or portions of
plats of subdivided land; 3) extinguishing public easements conveyed
by separate instrument recorded in the public records (conveyances
other than on a subdivision plat) on platted or unplatted land except
for public roads.
7) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of Mamie Street as shown on Exhibit A,
being a part of Section 36, Township 53 South, Range 29 East,
Chokoloskee, Collier County, Florida.
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item
all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Meridian Village Phase 1,
Application Number FP-PL20130001141.
9) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Veronawalk Phase 4B
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September 10, 2013
(AR-8273) with roadway and drainage improvements being privately
maintained and authorizing release of the maintenance security and
acceptance of the plat dedications.
10) This item requires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Faith Landing Phase Two
(Application Number PPLA20130000607), approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge at Ave Maria
Phase 1, (Application Number PPL-PL20130000058) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Camden Lakes Phase 1A,
(Application Number PL20130001061) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
13) Recommendation to approve final acceptance of the water and sewer
utility facilities for Olde Naples Self Storage North, PL20 1 1 00025 1 6,
and authorize the County Manager, or his designee, to release the
Utilities Performance Security Bond (UPS) in the amount of
$3,258.75 to the Project Engineer or Developer's designated agent.
14) Recommendation to approve final acceptance of the water utility
facility for Heritage Bay Unit 5 at Siesta Bay Drive, Phase 1,
PL20100002017 and authorize the County Manager, or his designee,
to release the Utility Performance Security Bond (UPS) and Final
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September 10, 2013
Obligation in the total amount of$15,783.30 to the Project Engineer
or Developer's designated agent.
15) Recommendation to approve final acceptance of the water utility
facility for Heritage Bay Unit 5 at Siesta Bay Drive, Phase 2,
PL20100002018 and to authorize the County Manager, or his
designee, to release the Utility Performance Security Bond (UPS) in
the amount of$9,883.76 to the Project Engineer or Developer's
designated agent.
16) Recommendation to approve final acceptance of water and sewer
utility facilities for Freestate - CVS, PL20090000647 and authorize
the County Manager, or his designee, to release the Utilities
Performance Security Bond (UPS) and Final Obligation Bond in a
total amount of$25,697 to the Project Engineer or Developer's
designated agent.
17) Recommendation to approve final acceptance of the water utility
facility for Freestate PUD, PL20090000052, and authorize the County
Manager, or his designee, to release the Utility Performance Security
Bond (UPS) and Final Obligation Bond in a total amount of$7,174.75
to the Project Engineer or Developer's designated agent.
18) Recommendation to approve final acceptance of the water utility
facility for Naples Landfill PL20110000997.
19) Recommendation to approve final acceptance of the water and sewer
utility facilities for North Collier Recycling Drop-Off Center
PL20110001270.
20) Recommendation to award Invitation to Bid (ITB) #13-6070R
"Purchase and Delivery of Turf' to Leo's Sod Inc. as the primary
vendor and Triple C Sod, Inc. as the secondary vendor.
21) Recommendation to approve and authorize the Chairwoman to
execute the Sovereignty Submerged Lands Easement for the Marco
South Beach Renourishment Offshore Borrow Site.
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September 10, 2013
22) Recommendation to approve a utility relocation agreement with
Florida Power & Light Company, required for relocation of its
facilities in conflict with proposed intersection improvements at US41
and Collier Boulevard, Project No. 60116. (Estimated Fiscal Impact:
$45,432.50)
23) Recommendation to approve a Post Project Maintenance Agreement
with Florida Department of Transportation (FDOT), for maintenance
of sidewalks constructed as part of the "Safe Route to School"
program at Shadowlawn Elementary on Andrew Drive from US41
to School Drive and Francis Avenue from Shadowlawn Drive to
Pineland Street upon completion of FDOT Intersection Improvement
Financial Project No. 428254-1-52-01, and a Resolution authorizing
the Chairwoman to sign the Agreement.
24) Recommendation to request Florida Department of Transportation
(FDOT) erect destination guide signs on Interstate 75 (I-75) at Exit
101 (Collier Boulevard) and at Exit 105 (Golden Gate Parkway)
designating the community of East Naples.
25) Recommendation to authorize a $15,000 counteroffer to the business
damage claim made by Southern Management Corporation, d/b/a
Burger King, for Parcels 112FEE, 113FEE and 113TCE in the lawsuit
styled Collier County v. New Plan Florida Holdings, LLC, et al, Case
No. 13-CA-238 (US 41/Collier Boulevard Intersection Improvement
Project No. 60116) (Fiscal Impact: $15,000).
26) Recommendation to authorize the Clerk of Courts to release a security
in the amount of$117,296 posted as a development guaranty for work
associated with the Sungate Center PUD.
27) Recommendation to authorize the Clerk of Courts to release a security
in the amount of$70,840 posted as a development guaranty for work
associated with Hacienda Lakes of Naples Phase 1 (PL20120002789).
28) Recommendation to authorize the Clerk of Courts to release a security
in the amount of$205,000 posted as a development guaranty for work
associated with the Canopy (PL20130001018).
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September 10, 2013
29) Recommendation to authorize the Clerk of Courts to release a security
in the amount of$218,600 posted as a development guaranty for work
associated with Bent Creek Preserve Phase 1 (PL20130000043).
30) Recommendation to approve the release of lien in the amount of
$20,281.70 for payment of$1,981.70, in Code Enforcement Action
entitled Board of County Commissioners vs. Renee Lynn Cravo, Code
Enforcement Case Number CEPM20100018618, relating to property
located at 8313 Laurel Lakes Way, Collier County, Florida.
31) Recommendation to approve the release of lien in the amount of
$16,812.38 for payment of$1,262.38, in Code Enforcement Action
entitled Board of County Commissioners vs. John Kolak, Code
Enforcement Case Number CEPM20100003285, relating to property
located at 1372 Areca CV, Collier County, Florida.
32) Recommendation to approve the release of lien in the amount of
$243,867.52 for payment of$567.52, in Code Enforcement Action
entitled Board of County Commissioners vs. Joseph B & Jacqueline
A. Okuniewicz, Code Enforcement Case Number CEPM20090001588
relating to property at 2324 Kings Lake Blvd., Collier County, FL.
33) Recommendation to approve the release of lien in the amount of
$46,912.20 for payment of$562.20, in the Code Enforcement Action
entitled Board of County Commissioners vs. David R. Sheldon, Code
Enforcement Case Number CESD20110008186, relating to property
at 655 Logan Blvd. S., Collier County, Florida.
34) Recommendation to terminate a purchase agreement dated June 28,
2011 (for Stormwater Retention Pond Sites) between Kay Gerken and
Collier County, considered for construction of a stormwater detention
and treatment pond site in connection with Phase II of the Vanderbilt
Beach Road Extension Project. (Fiscal Impact: $0)
35) Recommendation to adopt a Resolution amending 2008-331, relating
to a Stewardship Sending Area with the designation of"CDC SSA
14"; approving the extension of certain dates to November 18, 2023 in
the Stewardship Sending Area Credit Agreement for CDC SSA 14
and the Escrow agreement for CDC SSA 14.
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September 10, 2013
36) Recommendation to adopt a Resolution amending 2008-329, relating
to a Stewardship Sending Area with the designation of"CDC SSA
15"; approving the extension of certain dates to November 18, 2023
in the Stewardship Sending Area Credit Agreement for CDC SSA 15
and the Escrow Agreement for CDC SSA 15.
37) Recommendation to adopt a Resolution amending 2008-330, relating
to a Stewardship Sending Area with the designation of"CDC SSA
16"; approving the extension of certain dates to November 18, 2023 in
the Stewardship Sending Area Credit Agreement for CDC SSA 16
and the Escrow Agreement for CDC SSA 16.
38) Recommendation to award Bid #13-6101 (White Boulevard Sidewalk
Improvements), for construction of sidewalk improvements from
Weber Boulevard east to 25th Street SW to Quality Enterprises USA,
Inc. in the amount of$266,680.15. (Project #33203)
39) Recommendation to award Bid #13-6035, "Shadowlawn Elementary
Sidewalks", for construction of sidewalk improvements on Bayside
Street, Calusa Avenue and Caledonia Avenue to Southwest Division,
Inc., in the amount of$154,663.39. (Project #33207)
40) Recommendation to direct staff to send the 2014 Evaluation and
Appraisal Report (EAR) letter to the Department of Economic
Opportunity as required by Florida Statute 163.3191.
41) Recommendation to authorize identified Growth Management Plan
(GMP) Amendments and provide concurrence with an individual
planning initiative.
42) Recommendation to approve a Resolution authorizing the
Chairwoman to execute a Local Agency Program Supplemental
Agreement with Florida Department of Transportation in which
Collier County would be reimbursed up to $138,629 for development
of a comprehensive pedestrian system through construction of
sidewalks on Bayside Street, Calusa Avenue and Caledonia Avenue.
43) Recommendation to authorize a budget amendment to recognize
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September 10,2013
revenue for projects within the Transportation Supported Gas Tax
Fund (313) in the amount of$47,780.50.
44) Recommendation to recognize additional Federal Highway
Administration Section 112 "PL" funding for FY13/14 in the amount
of$711,254 awarded to the Collier Metropolitan Planning
Organization and to authorize the necessary budget amendment.
45) Recommendation to authorize a budget amendment to recognize
carry forward for the Vanderbilt Drive Improvement Project in
Transportation Supported Gas Tax Fund 313, in the amount of
$120,519.20. (Project Number 60178)
46) Recommendation to adopt a Resolution establishing the Collier
County Architectural and Site Design Standards Ad Hoc Committee
for 12 months.
47) Recommendation to expedite removal and replacement of
approximately 380 feet of collapsing stormwater management
system pipe in a Pine Ridge subdivision in an amount not to exceed
$100,000, Project No. 60126, and approve a budget amendment.
48) Recommendation to approve Change Order No. 1, Contract #11-5639
in the amount of$68,500 with TY Lin International, for "Design &
Related Services for the Replacement of the CR29 Bridge (#030161)
over Chokoloskee Bay" (Project No. 66066).
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation the Board of County Commissioners (BCC) acting
in its capacity as Collier County Community Redevelopment Agency
(CRA) approve an amendment to Contract #13-5988 between the
CRA and CDM Smith, Inc. entitled "Immokalee Stormwater
Improvements - Phase II."
2) Request the Collier County Board of County Commissioners
acting in its capacity as Collier County Community Redevelopment
Agency (CRA): 1) approve an application and recipient agreement for
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September 10, 2013
the Immokalee CRA Commercial Facade Improvement Grant
Program for reimbursement of$20,000 for facade improvements to
Kountry Kitchen at 313 Nixon Drive, Immokalee, Florida, located
within the Immokalee Community Redevelopment Area, and 2)
authorize a Budget Change Resolution to the Tentative FY14 Budget
to provide sufficient budget.
3) Request the Collier County Board of County Commissioners (BCC)
acting in its capacity as Collier County Community Redevelopment
Agency (CRA) approve a 180-day extension to the previously
approved grant agreement between the CRA and Paralegal & Notary
Multi Services, Inc. for reimbursement of$20,000 in facade
improvement expenses administered under the Immokalee CRA
Commercial Facade Improvement Program and authorize a Budget
Change Resolution to the Tentative FY 14 Budget to provide
sufficient budget.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a Satisfaction of Lien for a 1994 Solid
Waste Collection and Disposal Services Special Assessment where
the county has received payment in full satisfaction of the lien. Fiscal
Impact is $28.50 to record the Satisfaction of Lien.
2) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2013 Tax Year.
3) Recommendation to authorize a budget amendment for unanticipated
bank fees & information technology hourly support for Collier County
Water-Sewer District's Utility Billing & Customer Service Dept.
4) Recommendation to authorize a budget amendment for solid waste
disposal charges for the Mandatory Solid Waste Residential Curbside
Collection Program in Service Districts Numbers I and II.
5) Recommendation to approve reimbursement for expenses incurred for
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September 10, 2013
revisions to Site Development Plan #8876, required to relocate an
irrigation well in conflict with Wastewater Pump Station 312.24.
The total cost shall not exceed $1,400, Project Number 70046.
6) Recommendation to approve a Right-of-Way Consent Agreement and
Memorandum of Right-of-Way Consent Agreement with Florida
Power & Light Co. at the Carica Water Storage and Re-pump Facility.
7) Recommendation to approve a contract with Johnson Engineering,
Inc., in an amount not to exceed $139,010 for RFP #13-6078, "Utility
Design Engineering Services - U.S. 41 from Greenway Road to 6L's
Farm Road," Project Numbers 70045 and 73045.
8) Recommendation to approve agreements with the Florida Department
of Transportation (FDOT) and Florida Department of Financial
Services to relocate Collier County Water Sewer District utilities as a
component of FDOT's project to widen U.S. 41 between Greenway
Road and 6L's Farm Road, to establish an interest bearing escrow
account to fund relocations, and direct the County Attorney to file a
declaratory action against the Clerk seeking an order to compel his
advance payment into the State-held escrow.
9) Recommendation to authorize a budget amendment in the amount of
$250,000 to transfer funds within the Solid and Hazardous Waste
Management Department ($120,000), Reserves for Contingency
($65,000) and recognize unbudgeted revenue received ($65,000) to
fund higher than anticipated solid waste disposal costs, emergency
maintenance and leachate treatment.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve amendments to service agreements and
corresponding budget amendments to reflect actual awards of the
Community Care for the Elderly, Alzheimer's Disease Initiative, and
Home Care for the Elderly grants for the Collier County Services for
Seniors program from the Area Agency on Aging for SWFL, Inc.,
d/b/a Senior Choices of SWFL. (Net Fiscal Impact: $64,742)
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September 10,2013
2) Recommendation to authorize the Chairman to sign the FY13/14
State Aid to Libraries Grant Agreement, Technology Plan and Current
Year Action Plan, permitting the Collier County Public Library to
apply for State Aid to Libraries. (Fiscal Impact: $219,000)
3) Recommendation to adopt a Resolution adding Tigertail Beach to a
list of park facilities authorized to sell beer & wine, and authorize the
Chair to sign an amendment to Contract #09-5247 with Recreational
Facilities of America to allow the sale of alcoholic beverages at
Tigertail Beach.
4) Recommendation to authorize payment of a $3,681.79 invoice, for
the public's use of Sovereignty Submerged Lands at Cocohatchee
River Park and approve submittal of the 2012/2013 Florida Annual
Gross Income Reporting Form to Florida Department of
Environmental Protection.
5) Recommendation to provide after-the-fact approval for submittal of a
Gopher Tortoise Habitat Management Assistance Request to Florida
Fish and Wildlife Conservation Commission (FWC) to fund fire line
maintenance and exotic plant treatment at Railhead Scrub Preserve in
the amount of$15,000.
6) Recommendation to provide after-the-fact approval for submittal of a
Gopher Tortoise Habitat Management Assistance Request to Florida
Fish and Wildlife Conservation Commission (FWC) to fund fire line
maintenance, exotic plant treatment, and dead tree removal at Nancy
Payton Preserve in the amount of$15,000.
7) Recommendation to approve a budget amendment recognizing
$397,676.54 of State Housing Initiatives Partnership (SHIP) grant
revenue and program income for State Fiscal Year 2012/2013.
8) Recommendation to award Bid #13-6103, Design and Installation Bus
Wrap Decals to ABC Bus, Inc.
9) Recommendation to approve a substantial amendment for FY12/13
Collier County U.S. Department of Housing and Urban Development
(HUD) Action Plan replacing the City of Naples Land Acquisition
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September 10, 2013
Project with the City of Naples Wheelchair Accessible Play Structure
project at the same cost ($105,835).
10) Recommendation to authorize a necessary budget amendment for the
U.S. Department of Housing and Urban Development (HUD)
FY13/14 budget approved in the HUD Action Plan for entitlement
funds and to authorize the Chairwoman to sign standard HUD
Agreement forms upon arrival. Receipt of funds is for Community
Development Block Grant (CDBG), HOME Investment Partnerships
(HOME), and Emergency Solutions Grants (ESG) for continuation of
services. Project start dates and timely use of federal funds is
dependent on this acknowledgement of funding.
11) Recommendation to approve the SHIP Annual Report for FY 2010/11
and authorize the Chairwoman to sign the "Certification for
Implementation of Regulatory Reform Activities Required by SHIP"
and SHIP Certification for Fiscal Year 2010/11 to ensure compliance
with program requirements.
12) Recommendation to approve restoring available CDBG Grant 44505
to the full award amount by recognizing Department of Housing and
Urban Development (HUD) grant repaid loan proceeds, and transfer
of local FY13 operating funds from Housing, Human and Veterans
Services (HHVS) Fund 001 to Housing Grant Fund 121 in the total
amount of$16,549.18; and approve necessary budget amendments.
13) Recommendation to authorize execution of the grant award for the
Federal Transit Administration (FTA) 49 U.S.C. § 5307 FY13 grant in
the amount of$2,857,524 and appropriate a budget amendment to
allow continuous operation of the Collier Area Transit system prior to
execution of the grant award.
14) Recommendation to approve an agreement between the National
Down Syndrome Society and Collier County Parks and Recreation
Department to conduct the fourth annual Buddy Walk at North Collier
Regional Park on October 26, 2013.
15) Recommendation to adopt a resolution approving expenditure of
funds for activities and incentives associated with staff members that
Page 17
September 10,2013
volunteer in the 2013 United Way of Collier County Campaign and
wave admission to Sun-N-Fun Lagoon for all 2013 United Way
Participants on the day of the event.
16) Recommendation to direct the County Manager or his designee to
advertise a proposed Standards of Care Ordinance establishing
regulations for the keeping of animals by animal-related businesses
and organizations, commercial and non-commercial breeders, and
rodeos as contemplated in Animal Control Ordinance 2013-33.
17) Recommendation to approve the acceptance of State Housing
Initiatives Partnership (SHIP) Program FY 13/14 allocation in the
amount of$567,140 and sign the Fiscal Year 2013-2014 Funding
Certification.
18) Recommendation to award Invitation to Bid (ITB) #13-6125R,
North Collier Regional Park Water Slide Tower to FA Remodeling
and Repairs, Inc., in the amount of$143,760 for painting and repair to
the steel tower and slide supports of the Water Park Slide Tower and
authorize the Chair to execute the contract.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to accept an award of$15,000 in grant funds from
the State of Florida Department of Health, Bureau of Emergency
Medical Services, which requires a local match of$5,000, for the
purchase of bariatric equipment and to approve necessary Budget
Amendments.
2) Recommendation to accept additional grant proceeds from the
Wal-Mart Community Grants Program in the amount of$250 for
the Hug-A-Tree Program and approve a budget amendment.
3) Recommendation to approve a Florida Emergency Medical Services
County Grant Application, Request for Grant Fund Distribution form
and Resolution for funding Medical/Rescue Equipment and Supplies
in the amount of$72,335 and to approve a Budget Amendment.
4) Recommendation to award Invitation to Bid (ITB) #13-6027R for Pest
Page 18
September 10, 2013
Control Services to Orkin Pest Control.
5) 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 Third
Quarter of FY13.
6) Recommendation to approve a Dental HMO option to the Group
Dental Insurance Plan offered by CIGNA Dental Plan, Inc. at no
additional cost.
7) Recommendation to approve and authorize the Chair to sign an
amendment to CenturyLink Contract #11-5606 to add additional
service options not included in the original contract and increase the
contract value by up to $40,000.
8) Recommendation to ratify County Purchase Order #4500135066 in
the amount of$85,179 and approve payment of invoices to Florida
Power & Light Corporation in conjunction with Board approved
Contract #12-5900, Bayview Park Phase II and III Expansion Project.
9) Recommendation to approve a Lease Agreement with East Naples
Fire Control and Rescue District for use of a portion of property to be
used as a parking area for the Cindy Mysel Park on Warren Street.
10) Recommendation to approve a Sublease Agreement with the State of
Florida Department of Juvenile Justice for the Sheriff's Office to
utilize the former Juvenile Detention Center in Immokalee.
11) Recommendation to accept a donation from Marco Island Marriott
Resort of gym equipment for use by the Isles of Capri Fire Rescue
District.
12) Recommendation to approve the Memorandum of Understanding
between Collier County and Lely Presbyterian Church in support of
Emergency Management activities related to natural and manmade
hazards emergency response.
Page 19
September 10,2013
13) Recommendation to approve a Participating Addendum to the
Western States Contracting Alliance (WSCA) for wireless services
provided by Cellco Partnership d/b/a Verizon Wireless.
14) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from C.W. Roberts Contracting, Inc., to Ajax
Paving Industries of Florida, LLC for Asphalt, Milling & Related Item
Services and a construction contract for Naples Manor Sidewalk
Improvements Phase II.
15) Recommendation to authorize an increase to the estimated annual
expenditure to purchase paint and related items on Award #11-5696,
"Paint and Related Items".
16) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) for Ambitrans Medical
Transport, Inc., to provide Class 2 Inter-Facility Transport ambulance
service for a period of one year.
17) Recommendation to approve Agreement #14-CP-11-09-21-01-XXX
between the State of Florida, Division of Emergency Management and
Collier County, accepting $7,129 for the preparation of Hazards
Analysis Reports for facilities storing extremely hazardous substances
within Collier County and approve the necessary budget amendment.
18) Recommendation to waive competition and approve Victory Layne
Chevrolet as a sole source vendor for fleet parts, repairs and services.
19) Recommendation to waive competition and approve Nortrax
Equipment Company as a sole source vendor for fleet parts, repairs
and services.
20) Recommendation to approve a payment in the amount of$1,485
to Johnson Engineering, Inc., for professional services rendered
regarding the elevation certificate project.
21) Recommendation to approve a Second Amendment to Lease
Agreement with Vanderbilt Beach Flotilla, Inc., for the continued use
Page 20
September 10, 2013
of County-owned property in order to operate a Coast Guard
Auxiliary boating safety education and training center.
F. COUNTY MANAGER OPERATIONS
1) Recommendation for Board ratification of Summary, Consent and
Emergency Agenda Items approved by the County Manager during
the Board's scheduled recess. (In Absentia Meeting(s) dated July 23,
2013, August 13, 2013 and August 27, 2013)
2) Recommendation to approve the refund of Affordable Housing
Contributions to WCI Communities, LLC, totaling $18,000, due to
the removal of an Affordable Housing Contribution commitment from
the Manchester Square Residential Planned Unit Development.
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, and authorize the Chairman to sign, a
one-year extension to the Memorandum of Understanding between the
Collier County Board of County Commissioners and Early Learning
Coalition of Southwest Florida, Inc., to provide funding in the amount
of$75,000 in Fiscal Year 2014.
5) Recommendation to award Invitation to Bid (ITB) #13-6084 for the
Pelican Bay Crosswalk Project to Quality Enterprises USA, Inc. and
authorize the Chairwoman to execute a County approved standard
contract.
6) Recommendation to authorize budget amendments appropriating
approximately $262,324,134.95 of unspent FY 2013 grant and capital
project budgets into Fiscal Year 2014.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, in its
capacity as Collier County Airport Authority, approves a Resolution
replacing and superseding Resolution No. 2013-08 (2013 Rates and
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September 10,2013
Charges for Everglades Airpark, Immokalee Regional Airport, and the
Marco Island Executive Airport) in order to implement a $20 ramp fee
or five (5) gallon minimum fuel purchase and single fuel flowage fee
of$0.25 at County airports and a Prepaid Fuel Program at Immokalee
Regional Airport.
2) Recommendation that the Board of County Commissioners, acting in
its capacity as the Collier County Airport Authority, approves a third
amendment to the Collier County Long-Term Ground Lease and Sub-
Lease Agreement with Turbo Services, Inc.
3) Recommendation to approve the after-the-fact submittal of an Airport
Improvement Program (AIP) grant application to the Federal Aviation
Administration (FAA) requesting $6,754,362 for construction of the
rehabilitation of Runway 9-27 at the Immokalee Regional Airport
with a total estimated cost of$8,063,839.
4) Recommendation to approve after-the-fact submittal of an Airport
Improvement Program (AIP) grant application to the Federal Aviation
Administration (FAA) requesting $5,649,916 for construction of the
rehabilitation of Runway 17-35 and associated aircraft aprons at
Marco Island Executive Airport with a total estimated cost of
$6,277,684.
5) Recommendation to approve an after-the-fact acceptance of a Federal
Aviation Administration (FAA) grant offer for $257,333 to update
the Airport Layout Drawing, design and environmental update, and
construction of the south taxiway at Everglades Airpark.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Hiller requests approval for reimbursement regarding
attendance at a function serving a Valid Public Purpose
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
Page 22
September 10,2013
1) To obtain Board approval for disbursements for the period of
June 28, 2013 through July 4, 2013 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of
July 5, 2013 through July 11, 2013 and for submission into the
official records of the Board.
3) To obtain Board approval for disbursements for the period of
July 12, 2013 through July 18, 2013 and for submission into the
official records of the Board.
4) To obtain Board approval for disbursements for the period of
July 19, 2013 through July 25, 2013 and for submission into the
official records of the Board.
5) To obtain Board approval for disbursements for the period of
July 26, 2013 through August 1, 2013 and for submission into the
official records of the Board.
6) To obtain Board approval for disbursements for the period of
August 2, 2013 through August 8, 2013 and for submission into the
official records of the Board.
7) To obtain Board approval for disbursements for the period of
August 9, 2013 through August15, 2013 and for submission into the
official records of the Board.
8) To obtain Board approval for disbursements for the period of
August 16, 2013 through August 22, 2013 and for submission into the
official records of the Board.
9) To obtain Board approval for disbursements for the period of
August 23, 2013 through August 29, 2013 and for submission into the
official records of the Board.
10) Recommendation to authorize the Collier County Supervisor of
Elections to accept federal election activities funds with a 15%
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September 10, 2013
matching contribution and that the Board direct its Chairwoman to
sign the Certificate Regarding Matching Funds.
11) Recommendation to approve and authorize the Chairman to sign an
agreement authorizing the Collier County Sheriff's Office to have
Traffic Control Jurisdiction over Private Roads within the Wilshire
Lakes Subdivision.
12) To obtain Board approval of Contract #13-6132, "Auditing Services
for Collier County", and authorize execution of an official
engagement letter.
13) Recommendation that the Board accept the investment status update
report for the quarter ending June 30, 2013.
K. COUNTY ATTORNEY
1) Recommendation to approve an agreement amendment for Legal
Services relating to a Retention Agreement with Nabors, Giblin &
Nickerson P.A. extending the expiration date to November 17, 2016.
There is no new fiscal impact associated with this Amendment.
2) Recommendation pursuant to Collier County Resolution No. 95-632,
that the Board of County Commissioners authorizes the Office of the
County Attorney to represent Ian Mitchell, former Executive Manager
to the Board of County Commissioners, who is being sued by former
employee Evelyn Prieto, in the case styled Evelyn Prieto v. Collier
County, a Political Subdivision of the State of Florida, Collier County
Board of County Commissioners, and Ian Mitchell, individually, Case
No. 2:13-cv-489-FtM-38UAM, United States District Court, Middle
District of Florida, Fort Myers Division.
3) Recommendation to approve a Final Judgment with property owner,
CAMADA, LLC, awarding compensation for Parcel 104DAME in the
lawsuit styled Collier County v. Alan Castle, et al., Case No. 11-2758-
CA. (White Blvd. Bridge Project #66066) (Fiscal Impact: $ 6,121.50)
Page 24
September 10,2013
4) Recommendation to approve a Final Judgment in the amount of
$25,000 for Parcel 195DAME in the lawsuit styled Collier County v.
Tony Guarino, III, et al., Case No. 11-CA-3208. (LASIP-Outfalls
3 & 4, Project #51101) (Fiscal Impact: $4,600)
5) Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing the Authority to issue bonds for a
continuing care retirement facility known as The Arlington of Naples.
6) Recommendation that the Board of County Commissioners provides
an after-the-fact approval for the Board of County Commissioners to
participate as plaintiff's, through Managed Care Advisory Group, in a
class action settlement against Defendants, Visa, MasterCard, et al., to
recover excessive fees paid for accepting Visa and MasterCard.
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. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls, and adopting same as the non-ad valorem
assessment rolls for purposes of utilizing the uniform method of collection
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District Number I and Service District
Number II, Special Assessment levied against certain residential properties
within the unincorporated area of Collier County, the City of Marco Island
Page 25
September 10, 2013
and the City of Everglades City, pursuant to Collier County Ordinance 2005-
54, as amended. Revenues are anticipated to be $18,867,400. For FY2014,
the total special assessment proposed for Solid Waste Municipal Service
Benefit Units, Service District I is $173.49 and Service District II is $165.28
per residential unit. These assessment amounts are the same as those
approved by the Board in FY2013.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20130001023, to disclaim, renounce and vacate the County and the public
interest in the 15-foot utility easement as recorded in Official Record Book
1543, page 1026, of the public records of Collier County, Florida, also being
a part of Section 1, Township 49 South, Range 25 East, Collier County,
Florida, being 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 approve Petition VAC-
PL20130000419 to disclaim, renounce and vacate the County and the public
interest in a portion of the 10-foot drainage easement, being a part of lots 2,
3 and 4 of Lely Barefoot Beach, Unit Two, recorded in Plat Book 15, pages
71 through 72 of the public records of Collier County, Florida, also being a
part of Section 6, Township 48 South, Range 25 East, Collier County,
Florida, more specifically shown in Exhibit A.
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 AVPLAT-
PL20130000978 to disclaim, renounce and vacate the County and the public
interest in a portion of the 10-foot utility easement located in Lot 48, Royal
Cove, as recorded in Plat Book 8, Page 13, of the public records of Collier
County, Florida, located in Section 15, Township 48 South, Range 25 East,
Collier County Florida, more specifically shown in Exhibit A.
E. Recommendation to approve an amendment to Ordinance Number 2009-22,
as amended, Planned Unit Development (PUD) time limits and time limit
extension requirements as found in Section 10.02.13.D of the Collier County
Land Development Code (LDC).
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September 10, 2013
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 27
September 10,2013
September 10, 2013
MR. OCHS: Madam Chair, you have a live mic.
Ladies and Gentlemen, if you'd please take your seats.
CHAIRWOMAN HILLER: Good morning, ladies and
gentlemen. Welcome to the first meeting of the Board of County
Commissioners after summer recess. I can see that all the
commissioners are very well rested and ready to work hard for you
today.
We're going to begin with the invocation, led by Pastor Michael
Bannon from Crossroads Community Church.
If everyone would please rise.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR BANNON: Let's pray.
Lord God, you are our great and gracious Creator, and we thank
you for giving to us this beautiful county in which to live. You have
made us and you have given to us stewardship over your creation. So
bless us with the gift of faith that we may know you as you want to be
known, and trust you as you want to be trusted.
Bless our County Commissioners this day, your servants for our
good. Give them wisdom and insight to govern well. Bring great
glory to yourself in our lives, and particularly in this meeting. For the
glory of your name I pray, amen.
(Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: Ladies and gentlemen, tomorrow is
the commemoration of the 12th anniversary of 9/11. Tomorrow we
remember the thousands of innocent men, women and children who
perished in the terrorist attack on September 11th, 2001 and the heroic
efforts of those who risked and lost their lives to save others on that
terrible day.
Page 2
September 10, 2013
We should also remember the servicemen and women who have
made the ultimate sacrifice defending our nation from those who wish
to destroy our way of life.
Because America is an ideal, it cannot be so easily destroyed. So
let's remember those who have perished on 9/11 and those still serving
on faraway battlefields with a moment of silence.
(Moment of silence was observed.)
CHAIRWOMAN HILLER: Mr. Durham, would you lead us in
the Pledge of Allegiance, please.
(Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: Mr. Ochs, before we get started,
would you kindly introduce Mr. Durham to the board and to the
community?
MR. OCHS: It would be my pleasure, Madam Chair.
We're pleased to welcome Mr. Tim Durham to the County
Manager's Office. Tim will serve as the Executive Manager for
Corporate Business Operations, working directly for me in my office.
Tim is no stranger to county government, having served with
distinction for many years with the Supervisor of Elections Office and
Ms. Jennifer Edwards, and we are very pleased to have him as a
member of our staff.
CHAIRWOMAN HILLER: Thank you. Are there any other
announcements with respect to your staff that you would like to make
with respect to for example communications?
MR. OCHS: Oh, also, Mr. Mike Sheffield obviously who was
serving at this seat in the past wearing both this hat and filling in as
our communications manager has now taken the communications and
customer relations manager position on a full-time basis and will
devote his full efforts to that department.
CHAIRWOMAN HILLER: That's wonderful. Thank you for
making these great decisions and the community has now two
wonderful people in both of those slots.
Page 3
September 10, 2013
MR. OCHS: Yes, ma'am, thank you.
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) — APPROVED AND/OR ADOPTED
W/CHANGES — APPROVED
MR. OCHS: Madam Chair, if I may move forward with the
proposed agenda changes for the Board of County Commissioners
meeting of September 10th, 2013.
First proposed change is to move Item 16.A.47 from your
consent agenda to the County Manager's regular agenda to become
Item 11 .F.
The next proposed change is to move Item 16.A.48 from the
consent agenda to become Item 11.G. That's a discussion of the
design contract for the Chokoloskee Bay Bridge replacement.
The next proposed change is to continue Item 16.D.8 from your
public services consent agenda to the next meeting of September 24,
2013.
The next proposed change is to move Item 16.D.17 to become
Item 11.H on the County Manager's regular agenda. It's a
recommendation to approve the state SHIP program allocation for
fiscal year 13/14. That change is made at Commissioner Fiala's
request.
I should back up and mention that the discussion on the
Chokoloskee Bay Bridge was brought forward at Commissioner
Henning's request.
The next three changes all relate to a staff recommendation to
extend stewardship sending area eligibility beyond the November,
2013 expiration date. And Commissioner Nance has asked that the
Page 4
September 10, 2013
following three items be moved from the consent agenda to the regular
agenda for discussion of that item. Again, those items are 16.A.35
will become Item 11.I. 16.A.36 will become Item 11.J, and 16.A.37
will become Item 11.K. Those are all moved again at Commissioner
Nance's request.
I have two agenda notes this morning, Commissioners. The first
relates to Item 16.A.24 on your consent agenda. You recall the board
had a discussion a few meetings ago about -- at Commissioner Fiala's
initiative to see if we couldn't get East Naples as a separate sign on
I-75 leading off of the interstate at Collier Boulevard. And we have
worked successfully at the board's direction to make that happen with
the State Department of Transportation. They had recommended that
we place that sign both at the Exit 101, which is Collier Boulevard,
and at Exit 105, which is the interchange at Golden Gate Parkway.
Actually, Commissioner Fiala is just interested at having that sign at
the Collier Boulevard exit and Commissioner Henning is in
concurrence with that as well. So we are proposing that we just strike
the reference to a sign at Exit 105 at Golden Gate Parkway and
maintain the sign at Collier Boulevard exit.
And the next agenda note relates to the three items I just
discussed that Commissioner Nance has asked to move to the regular
agenda. The County Attorney has asked that I make one minor
addition there, and it's underscored on your change sheet. There's a
reference to a motion, second and a vote on those three resolutions. It
should be a motion, second and majority vote on those three
resolutions. Again, that note is made at the County Attorney's request.
And finally, Madam Chair, we have two time certain items
scheduled for today's meeting. The first is at 10:00 a.m. and that is
Item 11.A relating to the award of the contract for the beach
renourishment project.
And at 11 :45 you are scheduled to hear Item 11.B. That is the
discussion of the proposed interlocal agreement for management
Page 5
September 10, 2013
services between the East Naples Fire Control and Rescue District and
your Isle of Capri Fire District.
And those are all the changes I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you.
County Manager, if you would, at 10 minutes to 10:00, would
you please announce that we will have a time certain at 10:00 a.m. so
all speakers and the board is on notice.
Also, if you would, at 10:35, if you would announce that there
will be a break for the court reporter.
And finally, again, when we return that at 10:45 we have the next
time certain.
MR. OCHS: Will do.
CHAIRWOMAN HILLER: Thank you.
Any discussion on the changes proposed by the County
Manager?
COMMISSIONER HENNING: Move to approve the agenda.
CHAIRWOMAN HILLER: We'll begin with the consent.
County Manager, would you begin with consent agenda.
MR. OCHS: Yes, ma'am. Item 2.A is approval of today's
consent agenda as amended.
COMMISSIONER HENNING: So moved.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Before we go to vote, any ex parte
communication? Commissioner Coyle?
COMMISSIONER COYLE: For item number 16.A.8, I met with
Mr. Tim Hancock and Mike Metcalf on June the 13th of this year.
And I have no disclosure for any other item on the consent agenda.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. On 16.A.8, I received and
spoke to Tim Hancock on the phone. I received a phone call and spoke
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September 10, 2013
with him on the phone.
And 16.A.10, I had correspondence and emails and spoke with
staff.
And let's see. Nothing else on the consent.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: None.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I have no disclosure on any
consent items today.
CHAIRWOMAN HILLER: And I also have no disclosure on the
consent.
Although I do want to add one thing before we take the final
vote, and that is there was one item which involved the Arlington,
which is a new project. And the executive director of the Arlington is
here. Is Vicki Tracy here? Vicki? Hi, Vicki, stand up. I know you
don't want to speak but you can wave.
Anyway, she's going to be spearheading this new project which is
starting and we always welcome new projects and we're very excited.
And she gave each of the Commissioners this bag, which she can
legally do now. So thank you very much on behalf of the board.
MR. OCHS: Item 2.B is the approval of today --
CHAIRWOMAN HILLER: Hang on a second. I have to call it.
All in favor of the consent agenda as amended?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: There being none opposed, motion
carries unanimously.
Page 7
September 10, 2013
Item #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA) — ADOPTED
MR. OCHS: Item 2.B is approval of today's summary agenda as
amended.
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Commissioner Coyle, any ex parte
disclosure?
COMMISSIONER COYLE: I have no ex parte disclosure from
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: None.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Ditto.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: None.
CHAIRWOMAN HILLER: Nor do I.
With that, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
Page 8
September 10, 2013
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
— APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Item 2.0 is approval of today's regular agenda as
amended.
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: And seconded.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Page 9
Proposed Agenda Changes
Board of County Commissioners Meeting
September 10,2013
Move Item 16A47 to Item 11F: Recommendation to expedite removal and replacement of approximately
380 feet of collapsing stormwater management system pipe in the Pine Ridge subdivision in an amount not to
exceed$100,000,Project Number 60126,and to approve a budget amendment. (Staff's request)
Move Item 16A48 to Item 11G: Recommendation to approve Change Order No. 1 to Contract#11-5639 in
the amount of$68,500 with TY Lin International,for"Design&Related Services for the Replacement of
CR29 Bridge(#030161)over Chokoloskee Bay"for Project No. 66066. (Commissioner Henning's request)
Continue Item 16D8 to September 24,2013 BCC Meeting: Recommendation to award Bid#13-6103 Design
and Installation Bus Wrap Decals to ABC Bus,Inc. (Staff's request)
Move Item 16D17 to Item 11H: Recommendation to approve the acceptance of State Housing Initiatives
Partnership(SHIP)Program FY 13/14 allocation in the amount of$567,140 and sign the Fiscal Year 2013-
2014 Funding Certification. (Commissioner Fiala's request)
Move Item 16A35 to Item 11I: Recommendation to adopt a Resolution amending Resolution 2008-
331,relating to the Stewardship Sending Area with a designation as"CDC SSA 14"; approving the extension
of certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 14
and the Escrow agreement for CDC SSA 14. (Commissioner Nance's request)
Move Item 16A36 to Item 11J: Recommendation to adopt a Resolution amending Resolution 2008-
329,relating to the Stewardship Sending Area with a designation as"CDC SSA 15"; approving the extension
of certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 15
and the Escrow agreement for CDC SSA 15. (Commissioner Nance's request)
Move Item 16A37 to Item 11K: Recommendation to adopt a Resolution amending Resolution 2008-330,
relating to the Stewardship Sending Area with a designation as"CDC SSA 16"; approving the extension of
certain dates to November 18,2023 in the Stewardship Sending Area credit agreement for CDC SSA 16 and
the Escrow agreement for CDC SSA 16. (Commissioner Nance's request)
Note:
Item 16A24 should read: Recommendation to request that the Florida Department of Transportation
(FDOT)erect destination guide signs on Interstate 75(1-75)at Exit 101 (Collier Boulevard)and at T'xit 105
designating the community of East Naples.
Items 16A35, 16A36 and 16A37: relating to amending Resolutions 2008-329,2008-330,and 2008-331 to
extend dates in CDC SSA 14,CDC SSA 15 and CDC SSA 16: the last sentence of the resolutions should read:
This Resolution adopted after motion,second and majority vote,this _day of ,2013. (County
Attorney's office request)
Time Certain Items
Item 11A to be heard at 10:00 a.m.
Item 11B to be heard at 10:45 a.m.
9/10/2013 8:41 AM
September 10, 2013
Item #2D
MINUTES FROM JUNE 20, 2013 BCC/BUDGET MEETING —
APPROVED AS PRESENTED
MR. OCHS: Item 2.D is approval of the minutes from the June
20th, 2013 Board of County Commissioner budget workshop.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2E
MINUTES FROM JUNE 25, 2013 BCC/REGULAR MEETING —
APPROVED AS PRESENTED
MR. OCHS: Item 2.E is approval of the regular meeting minutes
from the June 25th, 2013 Board of County Commissioners meeting.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
Page 10
September 10, 2013
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2F
MINUTES FROM JULY 9, 2013 BCC/REGULAR MEETING —
APPROVED AS PRESENTED
MR. OCHS: Item 2.F is approval of the BCC regular meeting
minutes from July 9th, 2013.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: And seconded.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
Page 11
September 10, 2013
PROCLAMATION DESIGNATING SEPTEMBER 9-13, 2013 AS
PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY
INDUSTRY APPRECIATION WEEK IN COLLIER COUNTY.
ACCEPTED BY JOHN COX, PRESIDENT AND CEO OF THE
GREATER NAPLES CHAMBER OF COMMERCE; DUDLEY
GOODLETTE, CHAIRMAN OF THE GREATER NAPLES
CHAMBER OF COMMERCE; AND BRUCE C. REGISTER,
DIRECTOR, COLLIER COUNTY BUSINESS & ECONOMIC
DEVELOPMENT DEPARTMENT — ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 4 on your
agenda this morning, Proclamations. Item 4.A is a proclamation
designating September 9th through the 13th, 2013 as The Partnership
for Collier's Future Economy Industry Appreciation Week in Collier
County. To be accepted by Dudley Goodlette, Chairman of the
Greater Naples Chamber of Commerce, John Cox, President and CEO
of the Greater Naples Chamber of Commerce, and Bruce Register,
Director of Collier County Business and Economic Development
Department.
And this item is sponsored by the entire Board of County
Commissioners. Please step forward.
(Applause.)
CHAIRWOMAN HILLER: Dudley, would you like to say a few
words?
MR. GOODLETTE: If I may. I'll be brief.
Thank you.
CHAIRWOMAN HILLER: Can we make sure we have a live
mic at that podium, please.
MR. GOODLETTE: Thank you. I'll be very brief.
On behalf of the Greater Naples Chamber of Commerce and our
1,821 members, we very much appreciate receiving this proclamation
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September 10, 2013
this morning.
And while I'm here, I'd just like to say that one of the items on
your agenda today, Madam Chairman, is Item 11.C, which is the plan,
the work plan, business plan for the Office of Business and Economic
Development. We have been working very closely with Mr. Register
and with your Manager's office to facilitate that and the consideration
of that plan by you today and we encourage you to support it.
We may not be around for that item, but we look forward to
working more closely with you in developing an alliance between the
business community and the public sector as we move forward with
the development of that plan. I just wanted to congratulate Bruce and
his team in that regard.
CHAIRWOMAN HILLER: Thank you. And we're very excited
as a community, because this is a new dawning for economic
development in Collier County. We have new leadership across the
board. We have new leadership with respect to economic
development within the county; we have new leadership outside the
county with you as the incoming chair of the Chamber and with John
Cox, who is the new executive director of the Chamber. It's sure to be
a very successful partnership. We're very excited. So congratulations
again.
MR. GOODLETTE: Thank you for the opportunity to make
these comments.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING THE UNITED WAY OF
COLLIER COUNTY FOR THEIR DEDICATION TO CITIZENS
IN OUR COMMUNITY. ACCEPTED BY BRANDON BOX
SANDERSON, BOARD MEMBER AND CAMPAIGN
Page 13
September 10, 2013
CHAIRMAN, UNITED WAY OF COLLIER COUNTY —
ADOPTED
MR. OCHS: Commissioners, Item 4.B is a proclamation
recognizing the United Way of Collier County for their dedication to
the citizens in our community. To be accepted by Brandon Box,
board member and campaign chair for this year's United Way
fundraising drive.
And this item is sponsored by the entire Board of County
Commissioners.
Brandon, if you'd please come forward.
(Applause.)
CHAIRWOMAN HILLER: Wait a second. Let's bring
everybody up.
MR. BOX: Yes, everybody with United Way.
CHAIRWOMAN HILLER: Otherwise it looks like Brandon is
the only one doing the work and that just wouldn't be fair. I mean, we
need to spread the love.
COMMISSIONER FIALA: And nobody can leave after this or
the audience will be empty.
COMMISSIONER NANCE: We'll be talking to ourselves again.
CHAIRWOMAN HILLER: Shouting to an empty room.
Everybody huddle, huddle. Group huddle. There you go.
Would you like to speak?
MR. BOX: Yes, please.
Thank you all so much for your support. As one of this year's
campaign co-chairs for United Way, I want to say that we're super
excited about a $2.6 million campaign for this year. It's a mighty but I
believe attainable goal, and it's because of folks like the county, the
great support of the Commissioners, former board member president
and chairman of United Way of Collier County, Leo Ochs, Steve
Carnell who is a loyal board member and jumped with in with two feet
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September 10, 2013
to United Way of Collier County. So thank you all to Team Collier,
those who are here and those who are not here. We really appreciate
your support and couldn't do it without you.
Special thank you to Steve Sanderson, President and CEO of the
United Way of Collier County. He had big shoes to fill but is
continuing to push our organization forward here in our community,
and we thank you for that.
The United Way's impact here in Collier County I don't think can
be easily described in terms of dollars and cents. It is really the fabric
that ties together our human services, individual corporate and public
sector donors, and it's partnerships for instance like Collier County
and other organizations that really make our goal attainable.
The United Way of Collier County is made up of 31 member
agencies which cumulatively fund and help over 100,000 individuals
in Collier County every year. That's essentially one out of every three
people. So rest assured that your impact is very large.
This is a combination of both grassroots as well as national
organizations that really solve the need in our human services sector.
And all of our money stays here to help Collier County, which is very
important. Our money is not going outside of the county, it's raised
here and it's deployed here.
Financial stewardship. The United Way of Collier County
promotes financial stewardship through its 70 plus volunteers and the
budget review committee. Many of you have participated in that
committee. And these guys, ladies and gentlemen, audit both the
operations and the financials of all of our member agencies on an
annual basis to promote transparency. Very similar to the public
sector.
Transparency allows organizations to operate with maximum
efficiency and brings problems to the forefront quickly.
Finally, collaboration. Many individuals that need human
services don't stop with just one service. They need a whole
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September 10, 2013
continuum and spectrum of those services. It's the collaboration that
you've seen in this room with all the individuals who support the
United Way. That continuum of care, it's very similar to health care,
that gets an individual to where they need to be. It really helps them.
It's not just getting out of an abusive relationship. It's getting out,
finding the attorney, having food, shelter, safety. It's all these
organizations working together, and we're very proud of that.
And finally, we promote best practices. We brainstorm, we share
ideas, quarterly meetings with all of our agencies, and those best
practices can be shared to really make an impact on our community.
So I want to say thank you again to the Commissioners. And at
this time I'd like to introduce a very special Team Collier leader and
huge advocate of the United Way of Collier County, Hailey Alonso.
(Applause.)
MS. ALONSO: I'm not as tall.
Good morning, Commissioners, I'm Hailey Alonso. I'm the lead
for Team Collier, and that is your team, the team of all of Collier
County. We are comprised of all the Constitutional offices, and that's
why we have like I said all of us on your back. On your back.
I want to invite all of you to please come out to the walk that's
the 28th. It's very important. It's to raise awareness for the United
Way and everything that they do every day.
Last night I was is listening to Wicked, and one of my favorite
songs is Define Gravity. And Elphaba tells Glenda, you know, think
of what we can do together. We can defy gravity. And that is what
Team Collier and the United Way does every day.
So I encourage you to please come out, we're having a bake sale,
book sale, hot dog sale today. We have one on the 24th. We have a
dunk tank on the 20th. And we have some special guests that are
willing to be in the dunk tank, and I ask everybody to please come out
and join us, and we'll throw some balls, raise some money. Last year
we raised $2,000 in the dunk tank alone. I hope to raise -- last year we
Page 16
September 10, 2013
did 7,000, I hope to do 10,000 this year. And with your support we
can. Remember, we can defy gravity.
CHAIRWOMAN HILLER: You got it.
(Applause.)
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I understand that Commissioner
Hiller has volunteered for the dunk tank, is that --
CHAIRWOMAN HILLER: Okay, I confess.
COMMISSIONER HENNING: I think Commissioner Coyle
wants to start collecting some quarters for that.
CHAIRWOMAN HILLER: I just want you to know, I will say
this, that if Commissioner Coyle would join me in the dunk tank, that
would be just very hot.
And one of the things I was planning on doing for the event, just
so you know, and why I encourage everyone to come and see what I
look like, you know, as I get dunked, is I was planning on getting two
tattoos, one for my left arm and one for the right harm. And this is my
left hand -- my right arm is going to say, I love Fred Coyle. And then
my left arm is going to say I love John Sorey. And of course, you
know, it's a competition, what can I say.
But Commissioner Coyle, I challenge you, if you show up I think
we'll raise a ton of money. And if you wore a tiny little European
black Speedo, we could probably double what I expect we could raise
right from the get-go. So it's --
COMMISSIONER COYLE: I think we need to remind
Commissioner Hiller that this is a dunk tank, not a hot tub.
CHAIRWOMAN HILLER: Yes, but let me just say this, based
on our past joint reputation, when we both get in that tank it will be a
hot tub.
COMMISSIONER NANCE: Now I've got an image that's really
going to be hard for me to get out of my head for the rest of this
meeting. I don't know.
Page 17
September 10, 2013
COMMISSIONER COYLE: I have a suggestion for how you
can make more money on this.
MS. ALONSO: Okay.
COMMISSIONER COYLE: Sell tickets for the balls to throw at
Commissioner Hiller for $50 apiece and you will make lots and lots of
money.
CHAIRWOMAN HILLER: And you know what, I really
encourage you to do that. Because my mission is to raise more money
than anyone has ever raised for you. Because you know how much I
support you and I like your notion of like being without gravity. And
so the only way I can do that is being in water. So bring them on.
MS. ALONSO: Thank you. Thank you, Commissioners, for
your support.
CHAIRWOMAN HILLER: And that is going to be -- that's
going to be what, September 20th?
MS. ALONSO: September 20th. It's from 10:00 to 2:00.
Everybody is -- we have different people who are willing.
Commissioner Hiller, thank you so much. If any of the other
commissioners would be willing to get in the dunk tank.
Commissioner Nance, Henning, anybody --
CHAIRWOMAN HILLER: Commissioner Fiala has to be there
collecting the money for us.
COMMISSIONER FIALA: I'm the money collector.
CHAIRWOMAN HILLER: She's great. I actually think the
three men need to participate.
MS. ALONSO: I agree.
And it will be held on campus where the farmers market is. The
Nosh truck is usually there and they're also very big supporters. So
please come on down. We will actually -- I'm going to take you up on
the offer. We will be selling tickets, so $200, whoever wants to throw
the first ball at Commissioner Hiller.
CHAIRWOMAN HILLER: You know what, I'm going to up
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September 10, 2013
that, make it $2,000 first ball.
MS. ALONSO: There you go. So everybody take up the
challenge of Commissioner Hiller. Thank you very much. And come
down to the bake sale, we have hot dogs, please come and support us.
COMMISSIONER FIALA: She means business when she says
she's going to make more money this year than ever. Good for you.
MS. ALONSO: Thank you so much; thanks for everything.
CHAIRWOMAN HILLER: Thank you.
Item #4C
PROCLAMATION RECOGNIZING GULF CITRUS GROWERS
ASSOCIATION FOR ITS FOCUS ON KEY ISSUES OF
ECONOMIC IMPORTANCE TO SUSTAINABLE GROWTH AND
DEVELOPMENT OF THE CITRUS INDUSTRY IN THE REGION
AND COLLIER COUNTY. ACCEPTED BY WAYNE SIMMONS,
GCGA PRESIDENT; RON HAMEL, GCGA EXECUTIVE VICE-
PRESIDENT; CAREY SOUD, GCGA IMMEDIATE PAST
PRESIDENT; JAMIE WEISINGER, GCGA PUBLIC RELATIONS
COMMITTEE; GARY BRISCOE, BARRON COLLIER
COMPANY AND BERNADETTE RASHFORD, GCGA
ADMINISTRATOR MEMBERSHIP RELATIONS — ADOPTED
MR. OCHS: Item 4.0 is a proclamation recognizing the Gulf
Citrus Growers Association for its focus on key issues of economic
importance to the sustainable growth and development of the citrus
industry and the region in Collier County, to be accepted by Wayne
Simmons, GCGA President; Ron Hamel, GCGA Executive Vice
President; Carey Soud, GCGA Immediate Past President; Jamie
Weisinger, GCGA Public Relations Committee; Gary Briscoe, Barron
Collier Company; and Bernadette Rashford, GCGA Administrator and
Membership Relations.
Page 19
September 10, 2013
And this item is sponsored by Commissioner Hiller.
Please step forward.
(Applause.)
MR. SIMMONS: Thank you so much. On behalf of the Gulf
Citrus Growers Association, we represent about 25 percent of Florida's
industry. And Collier County is certainly in the top 10 citrus
producing counties in the State of Florida. And we appreciate the
opportunity to work with this Commission and to work with the
county staff on a number of key issues, and we look forward to
continuing the relationship and moving forward.
We are working along with all the ag. community here in the
region to do a better job of getting out and communicating the
importance of agriculture as part of the economics of the region, and
glad to hear that -- I know a lot of very positive things are happening
here in this county related to economic development.
My friend Dudley Goodlette, being President of the Chamber, as
well as Mr. Register taking over, and I know we also have a regional
initiative moving forward in all of Southwest Florida.
So again, we appreciate the honor of being recognized. We've
been here about 25 years and we hope to be here another 25 years and
be a sustainable industry here in this county and Southwest Florida in
total.
So again, thank you on behalf of the association and all our
Collier County members.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER NANCE: Ron, I would just like to thank you
and really the ag. industry and the ag. business community at large.
It's a rare occasion when we get to recognize the importance of
agriculture in Florida. It's one of the industries that's out there in the
center of the state and taken for granted too many times. But the
citrus industry and the vegetable industry producing fresh products
and domestic food are wonderful ambassadors for the state. It's a
Page 20
September 10, 2013
sunshine state. Fresh products, fresh from Florida.
Thank you all for everything that you do and the hard work that
you produce for the community and Collier County every day.
Thanks so much.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING SEPTEMBER 21, 2013 AS
FALL PREVENTION AWARENESS DAY IN COLLIER
COUNTY. ACCEPTED BY JORGE AGUILERA AND MEMBERS
OF COLLIER COUNTY'S INJURY PREVENTION COALITION —
ADOPTED
MR. OCHS: Item 4.D is a proclamation designating September
21st, 2013 as fall prevention awareness day in Collier County. To be
accepted by Jorge Aguilera and members of the Collier County Injury
Prevention Coalition.
And this proclamation is sponsored by Commissioner Hiller.
(Applause.)
MR. AGUILERA: Good morning, commissioners. For the
record, Jorge Aguilera, and I'm proud today to be here as the
Chairman of the Collier County Injury Prevention Coalition. We are a
small group that's growing, and we truly, truly thank you for this
proclamation and helping us start the process of awareness.
Believe it or not, falls is a significant issue, not only in our
community but in our region, in our state. Especially for the
population of the elderly population. Even a simple fall can prove to
be just an incredibly drastic event, for not only the individual but for
caretakers, family and for this community.
So our process is to begin to provide education, and it starts with
awareness.
Page 21
September 10, 2013
And then a shameless plug on September 21st, I believe that's the
day after the walk and the dunking of Commissioner Hiller.
CHAIRWOMAN HILLER: The dunking. The 28th is the walk.
MR. AGUILERA: You can come to -- we're sponsoring an event
at Physicians Regional at the medical center there on Pine Ridge, and
it's a fall prevention day. We're going to have some great speakers.
Remember, the process starts with education. We're going to have
some great free screenings available, from vision screening to hearing
screening to balance screening, blood pressure screenings. We're also
going to have the Operation Medicine Cabinet available, so those that
have prescriptions that are either expired or they're not taking those
medicines, do the appropriate thing and come in and dispose of them
safely. It's going to be a great event. So that's my shameless plug.
That's September 21st, from 9:00 to noon.
And like I said, you saw several members of a coalition. We
represent a significant swath of community stakeholders. And really,
our mission as a coalition is pretty broad. We're looking at injury
prevention. We've really taken and focused on the fall prevention part
of it. It is a significant impact on our community.
So with that, I hope everybody can attend, and thank you.
COMMISSIONER FIALA: What time?
MR. AGUILERA: It's from 9:00 a.m. to 12:00 p.m. And again,
it's at the Physician Regional Medical Center on Pine Ridge.
And it's going to be exciting. We have a lot of vendors that are
coming, offering all kinds of free screenings, which will be valuable.
CHAIRWOMAN HILLER: And Operation Medicine Cabinet is
an incredible program that law enforcement as well as fire participates
in where all your old meds are collected and properly disposed of.
And it really helps the community in a big way; protects children,
helps against contamination of our groundwater. There are just so
many advantages to that program, it's unbelievable.
MR. AGUILERA: Absolutely.
Page 22
September 10, 2013
CHAIRWOMAN HILLER: So I'm so happy to hear that you're
partnering with them.
MR. AGUILERA: Absolutely. And we really look at falls and
causes of falls. We have some great lectures on falls. Medications
and the issues of medications, believe it or not, are a big cause of falls,
simply because either they cause dizziness or people taking multiple
medications. We have pharmacists from Walgreen's that are going to
be there to give advice and look at medications and give direction as
far as what these medications do sometimes.
So -- and disposing of them is a second piece of that. So I do
appreciate that. And it is a big part. They've been a great partner with
us. We've done a couple of events through Collier and we also have
them come with us because it's a good opportunity for them to safely
dispose.
CHAIRWOMAN HILLER: Thank you.
County Manager, can I make a suggestion?
MR. OCHS: Sure.
CHAIRWOMAN HILLER: Could you direct our
Communications Manager, Mike Sheffield, to do an E blast and to
post to Facebook and Twitter for all these events that have been
brought to the community's attention this morning? We've got the
dunk tank on the 20th, we have Fall Prevention Day on September
21st, and we have the United Way Walk on the 28th, with all the
information?
MR. OCHS: Yes, ma'am. He's monitoring and he's probably
preparing it right now.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Commissioners, if I may get a motion to approve
the proclamations this morning?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER NANCE: And second.
CHAIRWOMAN HILLER: There being no discussion, and I
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September 10, 2013
assume there's no discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Thank you.
Item #5A
PRESENTATION OF COLLIER COUNTY'S BUSINESS OF THE
MONTH FOR SEPTEMBER 2013 TO NAPLES
TRANSPORTATION AND TOURS. ACCEPTED BY RANDY
SMITH, OWNER AND EMPLOYEE BETH FROMM —
PRESENTED
MR. OCHS: Madam Chair, that takes us to Item five on your
agenda this morning. It's a presentation of the Collier County
Business of the Month for September, 2013 to Naples Transportation
and Tours. To be accepted by Randy Smith, the Owner, and
Associate Beth Fromm.
(Applause.)
MR. SMITH: Good morning. Randy Smith with Naples
Transportation.
As our company celebrates its 25th anniversary in Collier County
and our 25th anniversary with the Chambers, on behalf of our 80
employees, we want to thank you for your recognition of this board.
Thank you very much.
CHAIRWOMAN HILLER: And thank you for your contribution
and service to the community.
(Applause.)
Page 24
September 10, 2013
MR. OCHS: Madam Chair, that takes us to Item 10 on this
morning's agenda, Board of County Commissioners. Item 10.A is a
recommendation --
MR. MILLER: Excuse me, ma'am. We have --
CHAIRWOMAN HILLER: Public comment.
MR. MILLER: -- public comment.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Oh, I'm so sorry. Excuse me.
Item 7, Public Comment on General Topics.
MR. MILLER: We have two registered speakers for public
comment. Your first speaker is Jim Flagler. He'll be followed by
John Lundin.
MR. FLAGLER: Good morning, everyone, and Madam
Chairman Georgia Hiller. Thank you for all your work.
And I'd also like to address all the voters of Collier, all the
registered voters and all the voters of Collier County. I've been a
member of Collier County -- I've been a resident here in Donna Fiala's
district for 30 years. And I've loved every minute of it. Donna and I
have been friends and she's done a world of good for East Naples.
And so I appreciate that.
But what I'm coming here today to say and to all of you, because
I plan on working with all of you, and that is I have formed a
nonprofit organization of which I'm president. And the name of the
company is Collier County Voter Representative. My purpose is to be
-- to have a listening post for anyone in this room, for anyone who's
out there in Collier County that isn't here that needs a voice. We need
to hear from everyone. We do not need to exclude anyone. And that's
my vision today.
Page 25
September 10, 2013
I ran for public office on three different occasions. I will tell you,
I ran for this, I ran for Mayor of Naples. You didn't know that. I also
ran for Collier County Commission to sit up there. I didn't win. But I
ran. I've always been deeply involved in government. From the time I
was a child in elementary school, I was the -- I ran for vice -- this is in
the seventh grade, I ran for vice president of our little council. And I
won. But from then on in every place I've been in my life, always for
some reason, I've been in -- they've always asked me to do things.
So now I'm volunteering to do something. And I'm asking all of
the residents of Collier County to step forward, step forward and be --
and let us hear from you. We need total transparency. We need truth
and honesty in government. Is that it?
MR. MILLER: Yes.
CHAIRWOMAN HILLER: And that's actually an excellent note
to end on. So thank you for your comments.
MR. MILLER: Your final speaker in public comment is John
Lundin.
MR. LUNDIN: Hi. I'd like to talk quickly about the dunk tank
issue. You have to be in really good shape to be in a dunk tank. I did
it once and it's very dangerous. You have to be an excellent swimmer.
So I suggest you really work out to do that.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I've been doing that for years.
MR. LUNDIN: Okay. You know what I mean. When you fall in
that water, you can get hurt pretty easily.
I'd like to talk quickly about the oil dwelling issue in Golden
Gate Estates. Back in June you had a meeting here where you sent a
letter to the Florida Department of the Environmental Protection. At
that meeting Commissioner Hiller and you, Attorney Klatzkow, you
said that only the federal and state government can regulate oil drilling
here and that the county cannot, because it would be a taking of
private lands, the Burt Harris Act.
Page 26
September 10, 2013
I'd like to say on the record that is 100 percent false. The day
after that meeting I sent an email to you, Commissioner Hiller and
you, Mr. Klatzkow and the other Commissioners that listed all the
cities and counties in the United States in the last few years that have
banned or regulated oil drilling based on the health and safety of their
residents. Because the federal and state government will not do this.
Also in that email were a list of court cases which had challenged
these new laws, and there were two upheld court cases that upheld the
right of local government to ban or regulate oil drilling. And any time
an issue gets before the appellate court, it is pretty much law.
So I don't understand why you made that statement. Maybe you
didn't research the issue properly.
Also, in the permit that the Daniel A. Hughes Company has
applied with the DEP, I'd like to read the chemicals they are proposing
to put in the water here in Golden Gate Estates. Hydrogen sulfide,
bentonite, polymer dispersant, calcium chloride, potassium chloride,
synthetic pozzolan fly ash, R III retarder, sodium metasilicate,
methane, radioactive sources, ASA-301 CD-32, FL-25 additives and
FL sealer and foam.
Many of these chemicals can cause cancer if they were to leak
into the groundwater.
Also at that meeting you had a letter you sent to the DEP, and the
original draft of the letter, you took out a very important paragraph.
I'd like to read it: We expect that your agency will ensure both
production wells and return wells are permitted and constructed to
prevent contaminants and product from entering groundwater that
would contaminate the aquifer system relied on adjacent residents.
At the meeting you had no discussion about removing this
program. Commissioner Hiller, you just made a motion to remove it
and none of you discussed this. And you vote five to nothing. So the
people from Preserve Our Paradise, they want to know why you took
out this paragraph without any discussion. Because everything you do
Page 27
September 10, 2013
here should be out in the sunshine. And it seems like this decision
was made somewhere else and not at this Commission meeting.
So Commissioner Hiller, could I ask you, why was this paragraph
taken out of the letter?
CHAIRWOMAN HILLER: It was a decision of the Board.
Mr. Klatzkow, could you please explain the legal issues related to
this matter? Since the board relies on your legal opinion and your
legal research.
MR. KLATZKOW: This is Florida, not New York, all right. So
when I get the New York opinions, that's nice, and as a native New
Yorker, I enjoyed my time in New York. But this is Florida. We have
the Burt Harris Act, we have existing oil wells going on in Collier
County for decades.
CHAIRWOMAN HILLER: Could you speak into the mic? It's
very difficult to hear.
MR. KLATZKOW: For decades we've had oil drilling in Collier
County. We've had oil drilling in Collier County almost as long as
we've been a county.
You know, I don't know what to tell you. Staffs going to come
back with a report as to perhaps some zoning issues we can look at,
you know, to keep the oil wells away from homes.
But at end of the day, the federal government and the State of
Florida significantly regulates this, all right. I don't believe that my
federal government or the State of Florida is intentionally poisoning
us, all right, and I don't know what to say. I believe we're preempted
on this issue, and even if we weren't, you don't have the staff that
knows anything about the oil well business. All right? I mean, this is
a state issue first and foremost, a federal issue and, you know, this is
getting tiresome. It's one person's opinion here and, you know, I take
it for what it's worth.
CHAIRWOMAN HILLER: Thank you.
I'm sorry, your time is up.
Page 28
September 10, 2013
MR. LUNDIN: Can I respond to Mr. Klatzkow?
CHAIRWOMAN HILLER: No.
MR. LUNDIN: Thank you.
CHAIRWOMAN HILLER: Thank you.
Item #10A
DIRECT THE COUNTY ATTORNEY TO BRING BACK TO THE
BOARD AN ORDINANCE ABOLISHING THE AIRPORT
AUTHORITY ADVISORY BOARD AND DIRECT THE AIRPORT
AUTHORITY EXECUTIVE DIRECTOR TO MEET WITH
TENANTS QUARTERLY FOR COOPERATIVE EFFORTS
RELATED TO MARKETING AND OPERATIONS AND TO
GROW BUSINESS — APPROVED
MR. OCHS: Madam Chair, that now takes us to Item 10 or your
agenda. Item 10.A is a recommendation to direct the County Attorney
to bring back to the Board an ordinance abolishing the Airport
Authority Advisory Board and direct the Airport Authority Executive
Director to meet with tenants quarterly for cooperative efforts related
to marketing and operations and to grow business.
This item has been brought forward on the agenda by
Commissioner Henning.
And before we begin the discussion, Madam Chair, as you
requested earlier, I do want to remind the audience you do have a
10:00 a.m. time certain hearing, and if anyone would like to speak on
that item, they can register to speak with Mr. Miller.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning, would you like to deal with this issue
now? Is 10 minutes enough time for you?
COMMISSIONER HENNING: I should be. Well, it depends on
the Board.
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September 10, 2013
Let me just add, besides what's on the printed agenda, we
directed the County Manager to look at the advisory boards,
consolidate, make recommendation to dissolve, so on and so forth.
I had a conversation with him. He said that wasn't one of them
that was on his list to take a look at because it was a -- the Airport
Authority's advisory board. So anyways, that's my recommendation.
CHAIRWOMAN HILLER: Would you like to make a motion?
COMMISSIONER HENNING: I'll so do so.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: So we have a motion and a second.
Any further discussion on this?
COMMISSIONER NANCE: Yeah, I'd just like to make a couple
comments.
I think it's going to be very important that as we go forward we
examine how effective we are dealing with all the many people that
volunteer their time to help us with different topics. I think this is one
of them that's particularly interesting because it's a very, very narrow
topic. And when we create an advisory board and we appoint them
and it's created by ordinance, what we do is we prevent some of our
very best volunteers from talking to one another because of provisions
of the Sunshine Law. And I think in fact that a lot of these advisory
boards become ineffective because they can no longer hold the
discussions that they had on an informal basis.
So I give Commissioner Henning a lot of credit for being
intuitive and moving these changes forward. And I think as a Board
we need to figure out how to make best use of the people that give us
valuable information. And many of the people that are on the Airport
Advisory Board at present believe that abolishing it in its current state
is a proper thing to do, as a matter of fact. And they've also indicated
that they also continue to work with us in the best interest of the
airport. So, you know, I support the motion.
CHAIRWOMAN HILLER: And just to clarify for the record,
Page 30
September 10, 2013
the motion is to abolish the Airport Authority Advisory Board.
COMMISSIONER HENNING: Well, it's to direct the County
Attorney to bring back the ordinance abolishing the Airport --
CHAIRWOMAN HILLER: Okay. And that it's limited to that
issue.
Commissioner Fiala, did you want to say something, or are you
okay?
COMMISSIONER FIALA: Well, I was just thinking, it's a good
thing to do. Because I think the other airports other than Immokalee
seems to be the only one that's of interest to anybody, but the other
airports haven't had representation, so I'm happy that we're going to do
this.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
I'm sorry, Commissioner Coyle, I assume that you were
supportive.
COMMISSIONER COYLE: Yes, I am supportive.
CHAIRWOMAN HILLER: Thank you.
Motion carries unanimously.
Commissioner Henning, are you done with that agenda item --
COMMISSIONER HENNING: I am.
CHAIRWOMAN HILLER: -- or was there anything else you
wanted to discuss?
COMMISSIONER HENNING: That's it.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Can we talk about Syria?
Page 31
September 10, 2013
CHAIRWOMAN HILLER: About what, Syria?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: It's not on the agenda. We have a
rule, we don't discuss anything that's not on the agenda.
Item #10B
RESOLUTION 2013-189: APPOINTING MARK FILLMORE
(PHASE II CATEGORY) AND ANNETTE KNIOLA (PHASE I
CATEGORY) WITH TERMS EXPIRING OCTOBER 14, 2014) TO
THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE —
ADOPTED
MR. OCHS: Commissioners, Item 10.B is an appointment of
members to the Golden Gate Estates Land Trust Committee.
CHAIRWOMAN HILLER: County Manager, would you read
the name of the individuals so that we can appropriately make the
motion?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: And in each instance if you would
do so for 10.B through 10.J.
COMMISSIONER NANCE: I'd like to make a motion to
appoint Mr. Mark Fillmore and Annette Kniola to the Golden Gate
Land --
COMMISSIONER FIALA: I second that.
COMMISSIONER NANCE: -- Trust Committee, as
recommended.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
Page 32
September 10, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10C
RESOLUTION 2013-190: APPOINTING ROBERT C. ASHTON
(REGULAR MEMBER CATEGORY) FOR THE TERM
EXPIRING FEBRUARY 14, 2016 TO THE COLLIER COUNTY
CODE ENFORCEMENT BOARD — ADOPTED
MR. OCHS: Item 10.0 is an appointment of member to the
Collier County Code Enforcement Board. And this is an appointment
to fill a regular member's vacancy for a term that will expire on
February 14th, 2016.
COMMISSIONER HENNING: Move to approve Robert
Ashton.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10D
RESOLUTION 2013-191 : APPOINTING GARY MCNALLY TO
FILL A VACANT TERM EXPIRING DECEMBER 1, 2015 TO
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September 10, 2013
THE CONSUMER ADVISORY BOARD — ADOPTED
MR. OCHS: Item 10.D is appointment of a member to the
Consumer Advisory Board. And the recommended appointee to fill a
term expiring December 1st, 2015 is Gary McNally.
COMMISSIONER NANCE: I move to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Motion to -- all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10E
RESOLUTION 2013-192: RE-APPOINTING JOHN MELTON (TO
A TERM EXPIRING AUGUST 9, 2017) TO THE BOARD OF
BUILDING ADJUSTMENTS AND APPEALS — ADOPTED
MR. OCHS: Item 10.E is appointment of a member to the Board
of Building Adjustments and Appeals. And the committee
recommendation is to reappoint for a term expiring on August 9th,
2017, John Melton.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
Page 34
September 10, 2013
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10F
RESOLUTION 2013-193: APPOINTING ALBERT BATISTA AS
AN ALTERNATE (TO A TERM EXPIRING OCTOBER 1, 2014)
TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE —
ADOPTED
MR. OCHS: Item 10.F is appointment of member to the
Affordable Housing Advisory Committee.
COMMISSIONER NANCE: Motion to approve Mr. Albert
Batista as an alternate member.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second that motion, but I would like
to add that Gerald Murphy's name was also mentioned. I think he's an
appointment by the City of Naples. But I just thought we should if
nothing else, mention that we approve his appointment or something
along that line. His --
COMMISSIONER NANCE: His term is still active, is it not?
COMMISSIONER FIALA: Well, he's here applied.
MS. BARTLETT: Commissioner Fiala, for the record, I didn't
get a recommendation on Mr. Batista's appointment from the
Affordable Housing Committee until recently. But Gerald Murphy
was appointed last fall.
COMMISSIONER FIALA: Oh, okay. Well, being that he was
on here --
MS. BARTLETT: I just kept the same memo because I didn't
want to change, put a new memo in, since it was from before.
COMMISSIONER FIALA: Okay, good. Thank you very much.
CHAIRWOMAN HILLER: So again, the motion and the second
Page 35
September 10, 2013
is with respect to Mr. Batista.
COMMISSIONER NANCE: As an alternate, yes, ma'am.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10G
RESOLUTION 2013-194: RE-APPOINTING DEBRA JOHNSON
(TO A TERM EXPIRING JUNE 24, 2017) AND APPOINTING
DIANN KEEYS (TO A TERM EXPIRING JUNE 25, 2014) TO
THE BLACK AFFAIRS ADVISORY BOARD — ADOPTED
MR. OCHS: Item 10.G is appointment of members to the Black
Affairs Advisory Board. It's to appoint one member for a term
expiring --
COMMISSIONER NANCE: I move to reappoint Debra Johnson
and appoint Diann Keeys to this board.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10H
Page 36
September 10, 2013
RESOLUTION 2013-195: RE-APPOINTING LOWELL LAM
(CIVIC PRIDE CATEGORY) TO THE TERM EXPIRING MAY
21, 2017 AND APPOINTING PATRICIA SHERRY (TECHNICAL
CATEGORY) TO A TERM EXPIRING MAY 21, 2015 TO THE
WATER AND WASTEWATER AUTHORITY — ADOPTED
MR. OCHS: Item 10.H is appointment of members to the Water
and Wastewater Authority.
COMMISSIONER FIALA: I'd like to make a motion to
reappoint Lowell Lam and appoint Patricia Sherry, who are the
committee recommendations.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10I
RESOLUTION 2013-196: RE-APPOINTING DOUGLAS
ALLEMONG AND APPOINTING WILLIAM T. BROOKS WITH
TERMS EXPIRING JULY 26, 2016 TO THE ROCK ROAD
IMPROVEMENT MSTU ADVISORY COMMITTEE — ADOPTED
MR. OCHS: Item 10(I) is appointment of members to the Rock
Road Improvement MSTU Advisory --
COMMISSIONER NANCE: I'd like to make a motion to
reappoint Mr. Doug Allemong, and to the other opening I'd like to
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September 10, 2013
nominate Mr. William Brooks.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10J
RESOLUTION 2013-197: APPOINTING ALICE G. CARLSON
AND WILLIAM J. RAEGAN TO TERMS EXPIRING MARCH 23,
2018 TO THE EDUCATIONAL FACILITIES AUTHORITY —
ADOPTED
MR. OCHS: And Item 10.J is appointment of members to the
Educational Facilities Authority. Two members to be appointed.
COMMISSIONER HENNING: Move to approve Alice Carlson
and William Reagan.
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER HENNING: Now what are we going to do?
MR. OCHS: Madam Chair, Items 11.A and 11.B are time
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September 10, 2013
certain items. I would recommend perhaps the Board move to Item
11 .D. We may be able to take that item before your 10:00 a.m.
hearing.
Item #11D
AWARD INVITATION TO BID #13-6122R IN THE AMOUNT OF
$1,214,943.99 TO KYLE CONSTRUCTION, INC., TO REPLACE
WATER MAINS ON 91ST AND 92ND AVENUES NORTH,
PROJECT NUMBER 71010 — APPROVED
CHAIRWOMAN HILLER: Absolutely. Let's move to 11.D and
possibly even 11.E.
MR. OCHS: Yes, ma'am.
Item 11.D is a recommendation to award invitation to bid No.
13-6122R in the amount of$1,214,943.99 to Kyle Construction,
Incorporated to replace water mains on 91st and 92nd Avenues North,
under Project No. 71010. Mr. Tom Chmelik, your Planning and
Project Management Director from Public Utilities will present.
MR. CHMELIK: Yes. Hello, Tom Chmelik, for the record. I
have a presentation for you, or I can answer questions, if you wish.
CHAIRWOMAN HILLER: Would the board like a presentation,
or does the board have any specific questions?
COMMISSIONER HENNING: I'd like just a general overall,
you know.
CHAIRWOMAN HILLER: Mr. Chmelik, would you please --
COMMISSIONER HENNING: What are we doing, two streets?
MR. CHMELIK: Yes, two streets within Naples Park.
COMMISSIONER HENNING: And how many other streets do
we have to go to do the same thing?
MR. CHMELIK: Well, this is part of a program to replace 94
miles of pipe for this category. Naples Park contains about 20 miles
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September 10, 2013
of AC pipe, asbestos concrete pipe, and this project addresses two
miles. And we plan to do approximately two miles a year.
COMMISSIONER HENNING: Two miles -- how many miles --
COMMISSIONER NANCE: Is that a transite product, sir?
I'm sorry, Commissioner Henning.
MR. CHMELIK: Yes, asbestos concrete.
COMMISSIONER NANCE: Thank you.
COMMISSIONER HENNING: How many miles in Naples
Park?
MR. CHMELIK: Approximately 20 miles, sir.
COMMISSIONER HENNING: Okay. Is anything else going to
be addressed while you're doing this, like swales?
MR. CHMELIK: There will be swale maintenance coordinated
with the project, yes. But no other --
COMMISSIONER HENNING: Culverts?
MR. CHMELIK: -- other major changes --
COMMISSIONER HENNING: Sidewalks?
MR. CHMELIK: -- at this time with these.
No.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Any further discussion?
COMMISSIONER FIALA: I make a motion to approve.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: So we have a motion and a second.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Thank you, Tom.
Page 40
September 10, 2013
Item #1 l E
AWARD REQUEST FOR PROPOSAL (RFP) #12-5968
AUTOMATIC METER READING SYSTEMS TO FERGUSON
WATERWORKS, INC., FOR THE PURCHASE OF AUTOMATIC
METER READING SYSTEM COMPONENTS — APPROVED
MR. OCHS: Madam Chair, Item 11 .E is a recommendation to
award request for Proposal No. 12-5968 automatic meter reading
systems to Ferguson Waterworks, Incorporated for the purchase of
automatic meter reading system components.
Mr. Steve Messner, your Water Department Director, will
present.
MR. MESSNER: Good morning, Commissioners. For the
record, Steve Messner, Director of the Water Department.
I do have a power point presentation for you this morning, or we
can -- or I'm here to answer any questions that you may have.
CHAIRWOMAN HILLER: Does the board wish to see the
power presentation or direct any questions to the speaker?
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: There being no discussion, a motion
and second on the table, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
And for the benefit of the public, just so the public knows, all the
information backing up these items are available on the county's
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September 10, 2013
website as backup material. So all the details are included and have
been reviewed by the Commission with staff prior to these votes. And
obviously there are no questions and why we can proceed without any
discussion on these matters.
MR. OCHS: That's correct. Thank you, Madam Chair.
Item #11F — Discussed; Continued to later in the meeting
EXPEDITE REMOVAL AND REPLACEMENT OF
APPROXIMATELY 380 FEET OF COLLAPSING
STORMWATER MANAGEMENT SYSTEM PIPE IN A PINE
RIDGE SUBDIVISION IN AN AMOUNT NOT TO EXCEED
$100,000, PROJECT NO. 60126, AND APPROVING THE
BUDGET AMENDMENT — DISCUSSED; MOTION TO TABLE
THE ITEM UNTIL STAFF ARRIVES — APPROVED
CHAIRWOMAN HILLER: The next item is 11.F.
MR. OCHS: Mr. Casalanguida, 11.F.
Commissioners, this was an item that was formerly 16.A.47 on
your consent agenda. We need to move even more quickly than
anticipated and we'll need to ask the Board to declare an emergency to
move forward on this item.
It's a recommendation to expedite removal and replacement of
approximately 380 feet of collapsing stormwater management system
pipe in the Pine Ridge subdivision in an amount not to exceed
$100,000, and to approve a budget amendment. And Mr.
Casalanguida will present.
MR. CASALANGUIDA: Good morning, Commissioners. For
the record, Nick Casalanguida.
I have a professional engineer, Jerry Kurtz, coming down with
some photographs. I think it's important with his title as Project
Manager for Planning and Programming for Stormwater for him to put
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September 10, 2013
some stuff on the record before you declare the emergency. So if you
could give us a few moments to get that done, I'd appreciate it.
CHAIRWOMAN HILLER: And so essentially what you're
doing is -- nothing is changing with respect to the budget as we
approved it. But rather what you are asking for us today is to
recognize the emergency so that this matter can be expedited.
MR. CASALANGUIDA: Yes, ma'am.
MR. KLATZKOW: I ask that you table this, ma'am. We need
some evidence on the record for you to declare the emergency.
CHAIRWOMAN HILLER: Okay. And where is he?
MR. CASALANGUIDA: He's bringing the photographs right
now.
COMMISSIONER NANCE: Before he gets here, Mr.
Casalanguida, this is culvert pipe that's not functioning, is that --
CHAIRWOMAN HILLER: No, this is pipe that runs between a
lake and a swale. And the main -- I'm sorry, the drainage lake and the
main canal. And the actual pipe is collapsed. And so as a result the
water is backing up and causing flooding.
COMMISSIONER NANCE: But it's a culvert pipe sort of a
system, is it not, sir?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER NANCE: It's not pumped under pressure or
anything, is it?
MR. CASALANGUIDA: No, sir, it's a static line.
COMMISSIONER NANCE: Okay, thank you.
MR. OCHS: May we have a motion to table, Madam Chair, until
Mr. Kurtz gets here, since it's 10:00 p.m.(sic)?
COMMISSIONER COYLE: So moved.
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye, aye, aye. Five ayes.
COMMISSIONER FIALA: Aye.
Page 43
September 10, 2013
Motion carries unanimously.
Item #11A
AWARD INVITATION TO BID (ITB) #13-6147, COLLIER
COUNTY BEACH RENOURISHMENT PROJECT TO EASTMAN
AGGREGATES (RENOURISHMENT OF VANDERBILT AND
PELICAN BAY) FOR $3,532,179.99 AND PHILLIPS AND
JORDAN (RENOURISHMENT OF PARK SHORE AND NAPLES
BEACH) FOR $5,897,771 .27; THE CHAIRWOMAN TO
EXECUTE TWO COUNTY ATTORNEY APPROVED
CONTRACTS WITH BOTH FIRMS; MAKE A FINDING THIS
ITEM PROMOTES TOURISM; AND ALL NECESSARY
BUDGET AMENDMENTS - MOTION TO APPROVE
CONTRACTS UNDER THE CONDITION PERMITS ARE IN
PLACE TO DO THE NECESSARY WORK AND TO MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM —
APPROVED
MR. OCHS: We'll take that right after your time certain, ma'am.
That moves us to your first time certain hearing this morning,
Commissioners. It's Item 11.A. It's a recommendation to award
Invitation to Bid #13-6147, Collier County Beach Renourishment
Project to Eastman Aggregates for renourishment of the Vanderbilt
and Pelican Bay beaches for $3,532,179.99, and to Phillips and
Jordan, renourishment of Park Shore and Naples beaches, for
$5,897,771.27; authorize the Chairwoman to execute two county
approved contracts to both firms; make a finding that this item
promotes tourism; and approve all necessary budget amendments.
Mr. Gary McAlpin, your Coastal Zone Manager, will present.
MR. MILLER: Madam Chairwoman, you have one registered
speaker for this item.
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September 10, 2013
CHAIRWOMAN HILLER: I'd like to make a motion before you
present to approve both bid awards and to make a finding that this
item promotes tourism and approve all necessary budget amendments
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: -- related to these contracts.
COMMISSIONER FIALA: And I'll second that.
CHAIRWOMAN HILLER: We have a motion and a second.
Would the Board like Mr. McAlpin to present, or would the
Board have any questions they would like to direct Mr. McAlpin?
(No response.)
CHAIRWOMAN HILLER: Is there a wish for a presentation?
COMMISSIONER COYLE: No.
CHAIRWOMAN HILLER: There's no desire to have a
presentation.
Are there any questions that are to be directed to Mr. McAlpin?
(No response.)
CHAIRWOMAN HILLER: There being no questions, will you
please bring the public speaker forward.
MR. KLATZKOW: Gary, do you need a permit on this one?
MR. McALPIN: We have a modification to the permit, but that
permit has been -- modification to that permit has been challenged. It
was challenged one time and the state has said the petitioner has no
standing. It's been challenged again, and we expect the state to make a
ruling in the very near future on that issue.
MR. KLATZKOW: Can you do this project without the permit?
MR. McALPIN: We can if we -- we can't do all of the project
without the permit. We have an existing permit that we have. We
expect that the state will come back and withhold their original
position that the petitioner does not have standing.
We have until the -- the issue with the permit was turtle nesting
season. Turtle nesting season stops on 11/1, so we have a time frame
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September 10, 2013
between 10/1 and 11/1 that we would not be able to work the project.
MR. KLATZKOW: Do you need the board to condition this
contract on the issuance of a valid permit?
MR. McALPIN: I would like to say that we're not going to issue
any contracts until we have a valid permit.
MR. KLATZKOW: So you need the board to condition the
issuance of the contract on --
CHAIRWOMAN HILLER: There's no question.
MR. McALPIN: Yes, that is correct.
CHAIRWOMAN HILLER: -- that's exactly what has to be done.
So County Attorney --
MR. KLATZKOW: Okay, I'm just --
CHAIRWOMAN HILLER: No, you're absolutely right.
County Attorney, I would like you to make sure that the terms of
that contract protect us.
MR. KLATZKOW: As part of the motion.
CHAIRWOMAN HILLER: Yes, I will amend my motion to
include that the contracts have -- as a condition precedent to any
approval, that the county have the permits in hand to do the necessary
work.
MR. KLATZKOW: Thank you.
COMMISSIONER FIALA: And I'll include that in my second.
CHAIRWOMAN HILLER: Thank you.
We have an amended motion on the table and an amended
second.
Is there any further discussion? Commissioner Henning?
COMMISSIONER HENNING: No, just waiting to hear from the
public speaker.
MR. MILLER: Your public speaker is Bob Krasowski.
MR. KRASOWSKI: Good morning, Commissioners. For the
record, my name is Bob Krasowski.
I really would have liked to have heard the presentation. And I
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September 10, 2013
think the public who's very involved in the City of Naples and the
county wide would have liked to hear it as well. So I hope you have
him make the presentation.
My interest was to be here and just comment on any grossly
misleading or incorrect information that would be provided to you, if
any, in the presentation. And I wanted -- so it would be nice to see
that.
Also, though, let me comment on what Gary said, that the first
request for a formal hearing from the Department of Administrative
Hearings, first the DEP has to accept the request for correctness and
the appropriate information contained.
The first appeal identified the petitioner as being a resident who
viewed the actions being sought as being against certain
environmental laws and Endangered Species Act and other things.
Apparently that isn't the correct way to identify standing in this
process. So correctly so, a -- which was allowed by the DEP, a
modification of the request for hearing was submitted and we expect
to hear from it soon.
I expect, as the petitioner and my wife, I expect to be granted a
hearing. But there is the legal aspect of this and there's the political
aspect of this. Because the head of the DEP is appointed by -- it's a
political thing. And so we'll just proceed according to whatever the
end result is.
So that's pretty much it. You've made your determinations as to
what you want to do and then we'll just go through this process to see
whose -- what can happen. Thank you.
CHAIRWOMAN HILLER: Mr. McAlpin, was there anything
you were going to present today that was not included in the backup
material on the record?
MR. McALPIN: No, it was all included in the executive
summary in the backup material.
CHAIRWOMAN HILLER: So all the information is publicly
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September 10, 2013
available, again online for any study or review by anyone who would
like to see it, whether it's an agency or a member of the community.
And Mr. McAlpin, you would be available to answer any
questions of the public if there are any concerns they might have with
respect to the material that's been included in the backup?
MR. McALPIN: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you. And you can be
reached through the County Manager's office who would then set up
an appropriate meeting between you and any constituent that has any
questions or concerns.
MR. McALPIN: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: You know, sea turtle nesting is
not new to Collier County. And in fact Collier County partners with
one of the environmental groups to ensure that sea turtle nesting
happens here in the community with a flagging, identification and the
flagging, the lights on the beach, so on and so forth. And we have
several, several environmental groups in Collier County and none of
them have objected to this permit.
What is at stake here is not the sea turtle but the impacts on the
residents and our tourists, as tourist season comes up.
So, you know, I'm disappointed that we have this challenge when
the experts that we have in this community are not challenging it.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I concur with everything
Commissioner Henning says. And I believe that the best way we can
assist the sea turtles is to make sure that we have nice functional wide
beaches for them to visit, as well as our winter visitors.
So I fully support the program and I hope we can improve the
beaches, both for our human users and for the natural users of the
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September 10, 2013
beach as soon as possible.
CHAIRWOMAN HILLER: Thank you.
Would the other commissioners like to comment?
COMMISSIONER COYLE: I agree with everything that's been
said concerning that. I mean, this protest is ridiculous. But it
happens.
COMMISSIONER FIALA: Yes, as a side note on this, I was
going to ask, although later on in the meeting, the other
Commissioners to consider maybe bringing back for our study or
research maybe the idea of buying our own dredge rather than
continuing to pay somebody else to do this. And we can either work
in cooperation with a couple of the other counties along the coast and
have that dredge -- we're always going to be dredging. And so maybe
if the other Commissioners concur, I would like to ask our staff to
maybe study this a little bit.
CHAIRWOMAN HILLER: I think it's an excellent idea and it
actually has been brought to my attention also by a number of
constituents who made similar recommendations.
There are pros and cons to owning our own dredge. But your
comment about looking at it from a regional perspective is the right
approach. And there is a consortium that does address these issues
that we should consider talking to and potentially working through.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I don't mean to interrupt you.
CHAIRWOMAN HILLER: No, go ahead.
COMMISSIONER COYLE: Were you finished?
I agree. But I think we should broaden the discussion beyond
just a dredge. It is a good discussion to have and it might turn out to
be the best alternative.
But we know that we're going to have beach renourishment here
every few years for the rest of our lives. It never stops. It's not just a
storm event, it is naturally occurring erosion all year long. And we're
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September 10, 2013
always going to have it. And we simply cannot continue to do what
we've had to do in the past and to seek these permits from state and
federal agencies for what is a natural process and an ongoing process.
We should never be without a permit to repair our beaches if they
erode. It should never -- there should never be a day that we have --
we don't have a permit to repair our beaches and restore them to their
original condition.
And I would strongly advise that we have a discussion
concerning a wide range of issues from what we do to mitigate
erosion. We have installed mitigation devices or structures in Port
Royal and in Marco. They've worked rather well. I for one do not
understand why we cannot do the same thing for other beaches and
make it attractive and acceptable to the people who live there.
We should at least talk about it. Because I am convinced that the
path we're on now is going to be more and more difficult in the future
and it's going to be more and more expensive. And we simply cannot
afford to do what we've been doing in the past.
CHAIRWOMAN HILLER: Absolutely.
County Manager, if we could -- this is not -- we're not going to
have a discussion on this now, that's not appropriate. Because I've got
lights going off here, and I just want the public to know we're not
going to turn this into a non-agenda discussion.
Several suggestions have been made, which are very good ones,
and this might be something that staff could research and present
information back to the board on, number one, the option of-- you
know, or I should say the approach to getting a standing permit to
allow for renourishment as needed to possibly purchase a dredge, to
look at a more regional approach to dredging and look at the purchase
of the dredge in that context or some other relationship with our
neighbors to address dredging regionally. And lastly, to look at what
we can possibly do in the way of structures as permitted by law to
protect our shoreline against this ongoing erosion that we face. And
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September 10, 2013
bring that information back to the Board, allow us to review it and
then based on that decide what action we would like to do, whether it's
a workshop or an agenda item to proceed, and we'll decide that once
we get the information.
MR. OCHS: Excellent.
CHAIRWOMAN HILLER: Thank you very much.
Did we already vote on this?
COMMISSIONER FIALA: No.
CHAIRWOMAN HILLER: I don't believe we did. Yeah, we
motioned and second, heard our public speaker.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair --
CHAIRWOMAN HILLER: Is Mr. Kurtz back here?
MR. OCHS: He's not here yet, ma'am.
CHAIRWOMAN HILLER: So let's go to the next item then.
Item #11H
ACCEPTANCE OF STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM FY 13/14 ALLOCATION IN
THE AMOUNT OF $567,140 AND SIGN THE FISCAL YEAR
2013-2014 FUNDING CERTIFICATION - MOTION TO
CONTINUE THIS ITEM UNTIL HOUSING STAFF CAN
REVIEW ELIGIBLE PROGRAM ACTIVITIES, EXPENDITURES
AND MEET WITH COMMISSIONER FIALA TO DISCUSS
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September 10, 2013
FINDINGS AND OPTIONS REGARDING ALLOCATED FUNDS
— APPROVED
MR. OCHS: Commissioners, with your indulgence, if we could
take Item 11.H, which was previously 16.D.17, I think we can get that
done before your break or next time certain. And that is a
recommendation -- this item was moved at Commissioner Fiala's
request from the consent agenda. It's a recommendation to approve
the acceptance of State Housing Initiatives Partnership Program, FY
13/14 allocation in the amount of$567,140, and to sign the fiscal year
2013-2014 funding certification.
Your Housing Human and Veteran Services Director Ms. Kim
Grant will present.
MS. GRANT: Good morning, Commissioners. Kim Grant,
Director of Housing Human and Veteran Services.
CHAIRWOMAN HILLER: Before you begin the presentation,
since this is Commissioner Fiala's request, let me ask what she would
like --
MS. GRANT: Very good.
CHAIRWOMAN HILLER: -- by way of approach.
Commissioner Fiala, what would you like to do?
COMMISSIONER FIALA: You know, I don't really need that
whole presentation. My questions were as we accept these SHIP
funds, first of all, can they be used for other things, like for instance --
and my big concern is some of the elderly people who are on a fixed
income, right now I've been reading where they have foreclosures on
them because their limited income -- they were receiving Social
Security back in the days where the amount was very small. And now
when they can't afford to keep their house -- even if it's paid for, they
can't afford to keep it and they're being ejected from there.
And I was going to suggest that the SHIP funds, rather than just
go for very low income, could also be used to help these people
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September 10, 2013
remain in their home --
CHAIRWOMAN HILLER: If these homes are paid off, is the
problem that they can't pay their property taxes or --
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: Is that what it is?
COMMISSIONER FIALA: Probably that's it. Yes, I think that
that's the biggest part of it.
And I was going to ask staff to look into it, see what we can do
about answering some of the unmet needs that we have out in the
community, rather than just focusing in one area and maybe we could
spread the money out a little bit.
MS. GRANT: Okay. So is that something you'd like us to go
back and take a look at for future?
COMMISSIONER FIALA: I truly would.
MS. GRANT: Okay, very good.
COMMISSIONER FIALA: If the other commissioners agree.
CHAIRWOMAN HILLER: So let me make a suggestion then.
Can we continue this item? Could you sit down with Commissioner
Fiala and explore how you can reallocate the funds, based on some of
her suggestions, and then bring this back, or is it time sensitive for
today?
MR. OCHS: Madam Chair, let me just jump in and ask that
perhaps you do consider this item today. But we have other federal
grants, CDBG and HOME and ESG, that may be candidates to help us
get where Commissioner Fiala would like to go.
This particular SHIP grant is fairly specific, Commissioner, and
there's a very limited use eligible for these particular SHIP funds.
COMMISSIONER FIALA: Right. It's only for people of lower
income, right? But the thing is we've got a bunch of elderly people
who are in the lower income area. And they don't all own their homes
obviously. They are renting or they're --
CHAIRWOMAN HILLER: Commissioner Fiala, if I may
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September 10, 2013
suggest, what the County Manager is saying is there are other pots of
money that can serve your objective.
COMMISSIONER FIALA: Oh, I know, but I'm going to bring
that up later on, because there are also other things to do. But this is
directly for down payment assistance, right?
MR. KLATZKOW: May I --
MS. GRANT: That's one of the options under this program.
MR. KLATZKOW: You've got a laundry list of programs you
can use out of this money. I think what Commissioner Fiala is saying
is that if time is not of the essence, then we could bring in back at
another meeting, all right, to be able to look to the Board to look at
these other options that you can use this particular pot of money for.
And as long as time is not of the essence --
CHAIRWOMAN HILLER: So let's go back to what was said
earlier. We can continue it, if you would work with Commissioner
Fiala.
If, Leo, maybe you can suggest other pots of money or
alternatively, you know, how to use this money towards that end.
Whatever works to satisfy Commissioner Fiala's objective, if you
could make that happen and then just bring it back at the next meeting.
And at that point once you have satisfied Commissioner Fiala,
you can put it back on consent and no further discussion is required.
COMMISSIONER FIALA: Sure.
CHAIRWOMAN HILLER: Because then the Board can review
it and if the Board is, you know, agreeable with what Commissioner
Fiala has worked out with you, you know, we'll leave it on consent,
failing which any Board member can bring it forward again.
COMMISSIONER FIALA: Just trying to help a wider range of
our residents.
CHAIRWOMAN HILLER: That's understandable.
So then I'll make a motion to continue and allow staff to work
with Commissioner Fiala, bring it back on consent, giving the board
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the option to pull it back to general, if they disagree with
Commissioner Fiala's modification.
COMMISSIONER FIALA: Thank you. I'll second the motion.
CHAIRWOMAN HILLER: Any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MS. GRANT: Okay, thank you.
Item #11I — Discussed; Continued to later in the meeting
A RESOLUTION AMENDING 2008-331, RELATING TO THE
STEWARDSHIP SENDING AREA WITH A DESIGNATION OF
"CDC SSA 14"; APPROVING THE EXTENSION OF CERTAIN
DATES TO NOVEMBER 18, 2023 IN THE STEWARDSHIP
SENDING AREA CREDIT AGREEMENT FOR CDC SSA 14 AND
THE ESCROW AGREEMENT FOR CDC SSA 14 — CONTINUED
TO LATER IN THE MEETING
MR. OCHS: Madam Chair, if we may, in the time that we have,
take up Item 11 .1, which was previously Item 16.A.35. And these next
three items are all identical items essentially, and staff will explain
them.
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: 11 .1 is a recommendation to adopt the resolution
amending Resolution 2008-331 relating to the Stewardship Sending
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September 10, 2013
Area with a designation of CDC SSA 14, approving the extension of
certain dates to November 18, 2023 in the Stewardship Sending Area
credit agreement for CDC SSA 14, and the Escrow Agreement for
CDC SSA 14.
Commissioner Nance has moved this item to the regular agenda
for discussion.
CHAIRWOMAN HILLER: And if I may, for purposes of the
record, I'd like to go ahead and suggest that the discussion that we're
about to have will cover Items 11.I, 11.J and 11.K. So we won't have
separate discussions on these items, but we will take separate votes,
since they are three separate agreements.
MR. MILLER: Madam Chairwoman, I do have one registered
speaker for all three of those items anticipating the one discussion.
CHAIRWOMAN HILLER: That's fine. So after the Board
discussion we'll go directly to the speaker who will address all three
items in one presentation.
And that I believe is Nicole Johnson; is that correct?
MR. MILLER: Yes, ma'am.
CHAIRWOMAN HILLER: Nicole? I mean, if you'd like more
than three minutes, I mean, I'm happy to give you nine, if you'd like.
But I'd be even happier if you kept it to three.
Would you like to proceed, Commissioner Nance, since you
brought this forward?
COMMISSIONER NANCE: Yes, Madam Chair, thank you.
I pulled this agenda item for brief discussion on the Board, not
with the intention of having a massive discussion on this item but to
bring it forward and to make sure that everybody understands its
importance.
The SSAs and the Escrow Agreements attached to them are of
course the key note element of the Rural Land Stewardship Area's
transfer of development credits to structure development in Eastern
Collier County and to put lands into conservation.
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September 10, 2013
COMMISSIONER FIALA: Excuse me for interrupting you for a
second. But as you say SSA, I don't know how many audience
members know what that means.
COMMISSIONER NANCE: SSAs are stewardship sending --
MR. OCHS: Area.
COMMISSIONER NANCE: -- units. And what they are is
they're lands that have been identified as those that should be put into
conservation. And the credits that are derived from putting those
lands voluntarily into conservation are then transferable to other areas
which are the SRA's or the stewardship receiving areas that are being
designated and are more appropriate for development in the eastern
lands.
And what's occurring is that SSA agreements between
landowners and the county, which are established by these landowners
voluntarily, were put in escrow beginning late in 2008 because it was
deemed obvious that there was not going to be any development
taking place at that time because of the state of the economy and the
drastic things that were taking place, not just in Collier County but in
the nation as a whole. And what happened is escrow agreements were
set up.
At present this is so important because the number of stewardship
sending areas that we have pending and in different programs and in
escrow add up to a potential area of development that's somewhere
between 20,000 and 30,000 acres in the eastern part of our county.
This agenda item, which was on consent, suggested that we
should simply extend these agreements for another decade. And I
think it's very important that rather than do that -- we certainly don't
want them to expire in November as they're scheduled to do. I don't
think any Board member on the dais today would tell you that they
want these just to expire. Perhaps they do. But in November, without
action of the Board, these are going to expire.
The present item on the consent agenda called for them to be
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extended for a decade. And I just thought that was inappropriate. And
I think that relative to other agenda items that we've recently had
approved by this Board, one as a matter of fact today which I will
mention, I believe that we should take interim action rather than just
do blanket extension of these for a decade, because there are other
stewardship sending agreements that are going to follow these in short
order. And they are going to -- they impact somewhere in the
neighborhood of 16,000 potential acres of development.
This is an enormous commitment by the county, it's an enormous
commitment by the landowners. And I think it's something that is
deserving of more discussion rather than just approving on a consent
agenda item.
And I'll try to keep this brief. But in Item 16.A.41 today which
was approved on the consent agenda, it was a ranking of Growth
Management Plan amendments that was prioritized and brought forth
by a Collier County staff. This is a profound agenda item. Not just
because it starts our discussion on what we can do about oil wells,
which is one thing that I placed on that for the benefit of the public to
understand so the Board can get information on what we can do to
address the concerns of the public on oil wells, but included in this
agenda items are suggestions by staff and a notation to this Board and
a request for direction on this Board on what to do with our fiscal
impact analysis model that relates directs to the RLSA going forward.
It talks about the need for the Board to consider what we're going
to do on the restudy of the Golden Gate Area Master Plan.
It's requesting guidance on the structural review of the Rural
Fringe Mixed Use District, which is another planning area we have
out there, as well as a suggestion that it's time to re-review our Rural
Land Stewardship Area, which I'm sure is appropriate because I don't
believe that anybody believes that the planning our landowners have
today is the same that they had in 2008.
So rather than just blanket extend this for a decade and let it slide
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through, what I would like to make a motion to do is to extend these
agreements for a year and allow staff to study the situation, get with
the landowners and open a discussion as to where we are. What's
necessary for the county to dispatch our responsibilities is to get a
commitment from the landowners and in my view a much more open
discussion with the landowners about what their plans are.
Collier County has always dispatched our responsibility. We
dispatched our responsibility with Ave Maria, we spent tens of
millions of dollars of the public's money to fulfill our commitments.
The county is dealing in good faith and I hope that we can have
ongoing discussions and make sure that the discussions we have with
our landowners are open and productive and allow growth
management planning on a long-term basis and transportation
planning on a long-term basis to allow county staff to start to work
better and with more certainty that they understand what the goals of
the landowners are and what the commitments of Collier County are
and the citizens and the funds of the citizens of Collier County.
So I'm going to make a motion that we extend these escrow
agreements for a period of a year. You know, if the Board members
were -- thought that it was wiser to continue this item, that would be
fine with me as well. But I just thought that it shouldn't slide through
on the consent agenda. And I'll open it for my fellow Board members'
comments on this topic.
CHAIRWOMAN HILLER: Commissioner Henning, before you
make your comment, can I ask the County Attorney for some
technical clarification before we continue this discussion?
County Attorney, I would like clarification for what the Board's
role is with respect to these escrow agreements. Or what the
Board/county government's role is. I want to better understand, you
know, what our position is relative to these credits and these escrow
agreements.
MR. KLATZKOW: Your position.
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September 10, 2013
If I understand your question correctly, this is a voluntary
transfer development rights program.
CHAIRWOMAN HILLER: Correct.
MR. KLATZKOW: At this point in time -- well, back in 2008 it
became apparent that we could not transfer these development credits
because the economy just came to a crash.
At that point in time the choice was do we wish these property
owners to leave the program or to stay with the program.
And to stay with the program, in essence what we did was we put
these into escrow and we extended the time for them to maintain the
ability to transfer these development rights.
The recession lasted far longer than anyone could imagine back
in 2008. The request before you is to extend these an additional 10
years. And I spoke with Mr. Bosi extensively yesterday on this.
Commissioner Nance brings up a fair point here. There's no need
to extend these 10 years. Okay, we could extend these agreements far
less than that and revisit the program if that's what the Board wants to
do. Because when this program came into effect, it was a different
Collier County than it is now. But --
CHAIRWOMAN HILLER: Let me ask this. Let me ask the
question in reverse. If 10 years is accepted, can it be modified and
reduced?
MR. KLATZKOW: The program is predicated upon your
ordinance, all right. The entire Rural Land Stewardship program. So
at the end of the day you control that program. These agreements fall
apart if you ended the program.
CHAIRWOMAN HILLER: So in other words, no matter what
period of time we enter as the period for these escrow agreements, it's
subject to modification by the Board at the will of the Board.
MR. KLATZKOW: Yes. Always. But without having that
clock ticking, okay, there's a good chance that this is going to meander
them down.
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September 10, 2013
CHAIRWOMAN HILLER: Meander where?
MR. KLATZKOW: Meander down the road. If this is not a
problem, this confronting anybody, it's not going to --
CHAIRWOMAN HILLER: Well, I'm not sure that putting a
one-year artificial deadline is going to accelerate the solution. I mean,
planning has to occur, you know, with its own natural momentum. I
mean if there's -- you know, they can't decide to plan now for
something down the road if they're not ready to make a commitment
as to what's going to happen down the road. And quite frankly, you
know, to the contrary to what Commissioner Nance has said, you
know, I've raised the issue of what's going on with these TDRs
throughout the county over many years. And there has been a lot of
discussion and a lot of planning. In fact, I've seen, you know, lots of
planning maps and have seen that there have been a lot of advisory
committees. In fact, I believe you were on one of the advisory
committees involving TDRs.
So my point is, is I don't see how, you know, one more -- you
know, giving them one year versus 10 years is going to accelerate any
decision making. It doesn't make any sense. And if we have the
ability to reverse it.
My concern is I don't like creating an environment of uncertainty.
We have a situation where, you know, we've got this TDR program
established. It was established by the Board prior to me joining the
Board. It has been accepted.
I say that you just leave it at 10 and, you know, if it turns out that
10 is too much or we as a Board want to modify the program, we'll do
so. But to create an artificial deadline and create this pressure to
change as an artificial impetus is not reasonable. That's not how
planning works. Planning has its own natural life.
MR. KLATZKOW: Commissioner, whether it's one year or 10
years, that's the deadline, or three years or five years or seven years.
CHAIRWOMAN HILLER: Right. But again, I don't -- I just -- I
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understand. I just don't think that a one-year time horizon in creating
pressure -- I mean, they're already under pressure now. They knew it
was expiring now. If this expiration date didn't create any momentum
to do anything different than what was done, why would one year
more make a difference?
And so quite frankly, I can't support limiting it because I don't
like creating an environment of uncertainty, and I would like, you
know, deliberate careful planning to allow for the, you know, proper
development of that area, not anything done under pressure of an
expiration of some sort of escrow agreement.
Commissioner Henning?
COMMISSIONER HENNING: Well, the Scofield property,
they removed their --
CHAIRWOMAN HILLER: They reversed completely.
COMMISSIONER HENNING: Yeah.
-- SSA because they didn't have a buyer.
CHAIRWOMAN HILLER: Right. And they all can do that. In
fact, every contract has that provision.
COMMISSIONER HENNING: I know. That's the market.
Collier Enterprises on big stewardship, they removed their
application for a DRI on this. So why would we even extend it at all
until we know what they're going to do? It doesn't make any sense at
all. I mean, that drove that whole I-75 corridor and we have nothing.
So I say don't even extend it and let them reapply so we see the
total package instead of piecemeal where you're dedicating certain
pieces to this.
CHAIRWOMAN HILLER: So are you suggesting undoing the
whole program?
COMMISSIONER HENNING: No, I'm saying this agreement,
vote no on this item, or extending it at all until we have, you know, a
better review of the whole plan from the Regional Planning Council,
okay, and the rest of them.
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September 10, 2013
CHAIRWOMAN HILLER: Well, so County Attorney --
COMMISSIONER HENNING: They had an agreement to --
they were ready to go, my understanding, and build it, but the
economy happened. You're right. So why even do this? It doesn't
make sense. They could reapply for it.
CHAIRWOMAN HILLER: Well, my question is, what -- again,
this goes back to what are these escrow agreements, what is the
purpose of these escrow agreements. And if we don't extend these
escrow agreements, what happens to what's being held in escrow?
And actually, where is Mr. Yovanovich? Let --
COMMISSIONER HENNING: No environmental land is in
danger, there's no development happening out there because of the
economy, there's no application, they've removed it. There's no road
planning out there. Like Commissioner Nance said, we spent millions
of dollars predicated on these two communities. Those millions of
dollars for roads came away from areas such as Golden Gate Estates
that did need roads, okay. So --
CHAIRWOMAN HILLER: And that was all decided by a
previous board. So we have to live with the decisions the previous
board --
COMMISSIONER HENNING: No, we do not.
CHAIRWOMAN HILLER: Well, it's done. They spent the
money. The previous board spent the money, made the decisions,
made the improvements where they did. You know, there are a whole
bunch of people in the community that didn't agree, notwithstanding
the Board moved forward, did what they did. So now we're living
with what has been approved and we have a program that the board
established, and now we're talking about undoing escrow agreements,
which basically takes what's being held in escrow out of escrow and
what does that mean?
MR. OCHS: Madam Chair, before you begin, I was asked to
remind at 10:35 --
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September 10, 2013
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: -- if you wanted to break for your court reporter.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: So we're going to take a break?
CHAIRWOMAN HILLER: So here's what we're going to do. I
hate to do this to you, but we make a commitment to our court reporter
that trumps your right to speak. So we're going to give our court
reporter 10 minutes. And then I hate to do this to you yet again, we
have a time certain with all these wonderful people who also trump
your right to speak.
MR. YOVANOVICH: At some point I get a right to speak.
CHAIRWOMAN HILLER: Your right to speak definitely
resurfaces after our time certain at 10:45, so let's table this agenda
item, allow our court reporter a 10-minute break, come back, and
we're going to -- for the benefit of the court reporter, people in the
audience, I know we have 10:45 time certain. But we're going to give
her a full 10 minutes because she needs it. So we'll, with your
indulgence, be back at 10:47, and then we'll start your time certain.
MR. OCHS: Madam Chairman, just also housekeeping, anyone
who would like to register to speak on the item that will be heard --
CHAIRWOMAN HILLER: If you want to speak --
MR. OCHS: -- at 10:47 --
CHAIRWOMAN HILLER: -- go ahead and sign up during this
10-minute break, because you have to sign up to speak before the
agenda item is heard.
MR. MILLER: We do have 20 registered speakers so far.
CHAIRWOMAN HILLER: That's great, thank you.
(Recess.)
MR. OCHS: Madam chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you.
Item #11H - Continued from earlier in the meeting
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September 10, 2013
(EMERGENCY) RESOLUTION 2013-198: EXPEDITE
REMOVAL AND REPLACEMENT OF APPROXIMATELY 380
FEET OF COLLAPSING STORMWATER MANAGEMENT
SYSTEM PIPE IN A PINE RIDGE SUBDIVISION IN AN
AMOUNT NOT TO EXCEED $100,000, PROJECT NO. 60126,
AND THE BUDGET AMENDMENT — ADOPTED
CHAIRWOMAN HILLER: Before we proceed, I was just
presented with a resolution that we need to dispense with immediately.
Are any commissioners -- Commissioner Fiala, can you come up here
so we have a quorum so we can quickly vote on this?
We do have an emergency situation. We have a resolution that's
being presented to the Board to expedite the removal and replacement
of the collapsing stormwater management system pipe in the Pine
Ridge subdivision.
I'd like to make a motion to approve the resolution as presented
to the Board and to declare the emergency and to authorize the
expedited removal and replacement of the collapsing stormwater
management system pipe in the Pine Ridge subdivision, as fully
described in the resolution presented on the record.
COMMISSIONER NANCE: I will second that.
MR. KLATZKOW: Can I get testimony from the engineer,
please?
CHAIRWOMAN HILLER: Yes. May I have testimony?
MR. KURTZ: Good morning. Jerry Kurtz, your Stormwater
Planning Manager.
I'd like to throw up a few graphics as I speak. I've got some
photos, current photos.
So this is the graphic that was in your packet. And I wanted to
zero in and make sure we know the location. I'm going to show you
some pictures of-- we'll be standing here looking back towards the
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lake to demonstrate the high levels and the rate at which it rose
recently.
So this next picture is right at the lake edge looking back out into
the lake. The pipe is off to the left-hand side. But that's how high the
lake level is today. It's dropping a little bit. The lake is bleeding
down but nowhere near as fast as it needs to be.
In the foreground there, there is drain fields, septic systems that
are completely under water. And when that happens, not only can you
not flush the toilet but the -- all the waste that's in the drain field is
now migrating out into the surface water, contaminating the lake and
causing contamination of the water and creating a health hazard. So
it's imperative that we replace the pipe immediately.
I was told yesterday by the contractor that we're working with
that the first thing we have to do is pump the lake down. When we get
it down a couple feet, we'll have to then start with replacing the pipe.
But it's going to take a little bit longer due to the high water. But one
more rain event of a few more inches, we're very fearful and confident
that it's going to cause some catastrophic flooding in the area.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I certainly agree with this and I
want to do everything I can to help expedite it.
When you're trying to pump the lake down a few feet, where are
you going to put that water?
MR. KURTZ: We'll put it into the pipe that it's currently flowing
into, but we can only pump it at a certain rate. We can't get -- we've
got a properly selected pump so we have to be -- sorry, we have to be
vigilant about the rate we can pump down, so everybody's going to
have to be a bit patient. We'll pump it down as fast as we can into the
pipe.
There's capacity in the pipe, but only so much capacity, so we
can't bring in a super heavy duty pipe. But we're bringing in a pipe
that's going to pump 750 gallons a minute to as much as 1,000 gallons
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September 10, 2013
a minute and it's going to take several days to draw the lake down.
We'll be monitoring it. We're going to try to run the pump 24 hours a
day, depending on the noise. We have a quiet -- relatively quiet pump
ready to go, so we're going to try that, engage the drawdown rate. But
it's at least going to take several days.
MR. KLATZKOW: And Commissioners, the reason we need
this is because we have a five-foot easement which is insufficient to
get the work done. We don't have enough time to get a temporary
construction easement. The property owner has not been as
cooperative as we had hoped. So we're going to need to go onto his
property without the easement to get this emergency work done.
CHAIRWOMAN HILLER: Understood. Well, thank you very
much.
And please advise all the neighbors as to the emergency that the
community is facing and that we are expeditiously moving forward to
alleviate what potentially as you properly describe would be a public
health and safety crisis for that neighborhood.
So I appreciate your efforts, Mr. Kurtz, and please communicate
with the neighborhood that we are moving at the fastest rate possible.
MR. KURTZ: Absolutely. I'm going out there right after this
meeting.
CHAIRWOMAN HILLER: Thank you very much.
Do you need me to sign this right now?
MR. KLATZKOW: Please. After you vote.
CHAIRWOMAN HILLER: I'm sorry?
MR. KLATZKOW: I think you need to vote.
CHAIRWOMAN HILLER: Oh, we need to vote. We do need to
vote. Thank you. Thanks for reminding me.
Well, actually, let's vote first and then I'll sign it again.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
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September 10, 2013
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Do you want me to sign this again?
MR. KLATZKOW: No.
CHAIRWOMAN HILLER: Are you okay with that? All right.
MR. OCHS: Thanks, Jerry.
CHAIRWOMAN HILLER: Thank you, members of the
audience, for giving us a few minutes to address this emergency. It is
a really big deal.
The next item is actually a matter that I believe involves
Commissioner Fiala's district. And so what I would like to do is allow
the County Manager to address what that next item is and allow
Commissioner Fiala to take the lead on this discussion.
Item #11B
AN INTERLOCAL AGREEMENT WITH EAST NAPLES FIRE
DISTRICT FOR OPERATIONAL MANAGEMENT OF THE
ISLES OF CAPRI FIRE DISTRICT - MOTION TO TABLE THE
ITEM — APPROVED; MOTION TO HAVE STAFF BRING BACK
TO THE NEXT BCC MEETING WHO CAN VOTE, AT WHAT
COST, WHAT THE WORDING WILL BE ON THE BALLOT,
TARGET THE VOTE DATE OF FRIDAY, NOVEMBER 8, 2013,
BRING BACK FOR FINAL APPROVAL ON THE NOVEMBER
12TH BCC MEETING WITH STAFF TO BRING BACK AND
CLARIFY DEFINITIVE ANSWERS TO THE QUESTIONS
RAISED AND FEMA INFORMATION — APPROVED
MR. OCHS: Thank you. Madam Chair, this item is 11.B. It was
advertised for a time certain hearing of 10:45 a.m. It is a
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recommendation to approve an Interlocal Agreement with the East
Naples Fire District for operational management of the Isles of Capri
Fire District.
Ms. Len Price, your Administrative Services Administrator, will
present and be available to answer any questions with Commissioner
Fiala's lead.
Len?
CHAIRWOMAN HILLER: Commissioner Fiala, do you want a
full presentation on this matter?
COMMISSIONER FIALA: Yes, I do. And I'd like to hear all of
the speakers before we get too far into it. So that way we'll take care
of that.
MS. PRICE: Great, I can do that. For the record, Len Price,
Administrative Services Division Administrator.
What I'd like to do is just bring you a brief history to remind you
of how we got to where we are today, and then it would be best to
listen to the speakers and I can continue to answer any of your
questions.
Several years ago the residents of the Isles of Capri began
petitioning the Board to make some changes to their fire district. We
had several speakers come up and address the Board. There was some
concerns about the way in which the county was managing it. There
were some study groups being formed to see if it would make sense to
consolidate with East Naples Fire Department to work with Marco
Island Fire Department to create their own either dependent or
independent district. The residents were working in that direction.
I began working with them about a year and a half ago. We did a
number of workshops. And as we did that, the options began to
narrow. Working with Marco Island did not seem to be, you know, the
direction that everybody wanted to go in, and it really started to come
down to whether the Isles of Capri should continue to operate as they
are as an MSTU or join forces with East Naples.
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At that point the Board of County Commissioners -- and I will
also remind you that there is a group from Fiddler's Creek who very
much wants to break away from the Isles of Capri MSTU. There's just
a small portion of Fiddler's Creek that falls into that district which has
a millage rate of two, whereas East Naples has a millage rate of 1.5,
and they felt very strongly that they wanted to be on the same millage
rate as the rest of their neighbors and be served by the same fire
department.
At that point we've got a significant revenue stream issue if we
lose the residents of the Fiddler's Creek in the MSTU. A number of
discussions ensued, and I was directed in May to come back with a
two-part solution towards merging in with Isles of-- with East Naples.
That two-part solution included the first year as a management
agreement under an interlocal agreement to start the process, and then
after the legislature can take some action to expand the boundaries
then we could move into a full merger situation.
At our last Board meeting I believe some direction was given to
simply move forward directly into consolidation. That is actually not
an option. We would have to wait a full year in order to be able to do
that and therefore with the Board not being in session I continued to
work towards this interlocal agreement. Obviously this is a Board
decision for you, but I didn't want to come here today with nothing in
my hand and you've got to make a decision today to determine the
millage rate that we're going to go with. If we go with this interlocal
agreement, we can reduce the millage rate to 1.5. If we don't, we will
not be able to do that for this year.
So that takes us to where we are right now. I believe the
residents of the Island, many of them thought that there was going to
be a vote and therefore they felt like they would withhold their
opinion and express it as part of a vote.
It appears that there is not going to be needed a formal vote in
order to do this, and I believe with that, a number of residents have
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September 10, 2013
some further input that they'd like to give.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: No, Len answered the question I
had.
CHAIRWOMAN HILLER: I would like to address the very last
statement you made, the question of a vote. If there was an
expectation, and this is an MSTU and the MSTU was created by way
of vote and now all of a sudden as I understand what you're suggesting
is we're going to take this MSTU and look to merge it into another fire
district without a vote?
MS. PRICE: I'm told that no vote is necessary. And I believe in
a discussion with the Board the Board's thinking was that the vote that
was taken by the entire community a year or two ago as to whether --
you know, if it created efficiencies would you want to consolidate all
of your fire districts, that vote was taken. We looked at the voters of
the Isle of Capri in this particular district, and as did the rest of the
community, the vote was 75 percent in favor of doing so.
CHAIRWOMAN HILLER: No one would ever say -- I mean, if
you asked me to vote on whether I would be in favor of becoming,
you know, six foot and blonde and blue eyed, I will assure you that
my vote would be yes, all right. So presenting the question as to, you
know, would you be in favor of a scenario where we consolidated and
your taxes would be reduced and your services would be increased
will never generate no as an answer.
COMMISSIONER HENNING: That never was the question.
CHAIRWOMAN HILLER: No, but I'm just saying, as it was
presented.
COMMISSIONER HENNING: Let's set the record straight.
The question was if we can keep the services the same and increase
efficiency, would you be in favor of it. By a wide margin all across
this county the residents said yes.
CHAIRWOMAN HILLER: And no one would say no to that.
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September 10, 2013
COMMISSIONER HENNING: However, what's been
happening recently, my understanding, is firefighters are going around
the neighborhood knocking on doors and saying you're going to lose
your service, your ISO rating is going to go up and so on and so forth.
CHAIRWOMAN HILLER: Is that false?
COMMISSIONER HENNING: Pardon me?
CHAIRWOMAN HILLER: Is that false?
COMMISSIONER HENNING: That is false. That is false. If
you communicate with the East Naples Fire District, they have no
intention of doing so.
CHAIRWOMAN HILLER: So they have no intention of laying
off any of the currently employed firefighters?
COMMISSIONER HENNING: I didn't say that. It's not going to
affect the ISO. That fire station, if you read the agreement, says it
should stay open. Is that correct?
MS. PRICE: The fire station would stay open. It would be
staffed by a minimum of two firefighters on each shift. East Naples
general standard, they try to have three to four but a minimum of two
always. And that would all be determined based on, you know, the
available staffing, calls for service, et cetera. All the reasons that, you
know, management moves staffing around. But it would always be a
minimum of two on that station.
We have been in conversation with the ISO organization, and
while they don't give -- they can't tell us over the phone for sure
exactly what things are going to look like, we did lay out the different
scenarios and it appears as though the ISO rating would either stay at
four or possibly go to a five.
CHAIRWOMAN HILLER: You know, I hear what
Commissioner Henning is saying and he's bringing out factual
information that from what I understand was not available to the
public. And he's presenting, you know, a set of facts that the public
should be made aware of.
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The -- asking a general question versus going to a very narrow
question as to, you know, this is the level of service that will be
provided at this cost and do you want that is something that I think
voters should have the right to decide. And I guess we're looking at --
I mean, there are two questions here. One is, you know, what is being
offered and then two, how should that offer be either imposed upon
the community or decided by the community in of their own -- in of
themselves.
MS. PRICE: Commissioners, I am open to whatever the Board
decides.
CHAIRWOMAN HILLER: I would like to address the first
question and that is the procedural question of whether or not the
residents of that community should have the right to vote on specific
information. I mean, for example, if we went for consolidation of fire
districts throughout the county, the legislature provides that, you
know, you have to provide the financial pro forma, if you will, that
would show the community, you know, how savings would be
achieved or not.
COMMISSIONER HENNING: I thought you were going to let
Commissioner Fiala take the lead on this.
CHAIRWOMAN HILLER: Well, this is a technical question I
would like answered. This is not a question of taking the lead, this is a
question of--
MR. KLATZKOW: No referendum is needed for this particular
CHAIRWOMAN HILLER: And it's not a question of whether a
referendum is needed, the question is whether it's fair or not to do it
without one, Commissioner Fiala. And that's a question I have.
COMMISSIONER FIALA: You know, the problem is, what's
happened is scare tactics have been used now. Untruths have been
repeated over and over and handed out to people door to door to door.
You're going to lose your fire station, they're going to close this fire
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station. Of course that's preposterous, we would never do that.
And by the way, we're not only talking about Capris, we're also
talking about Mainsail Drive, we're talking about Keewaydin Island,
we're talking about the Marco Airport. These are all part of this area.
And the services are much needed there. I don't think Mainsail has
ever had a chance to vote on anything, to be perfectly honest with you.
They've also -- the people have been told your insurance rates are
going to go sky high, your taxes are not going to go down. You just
heard Len say that we have to vote today in order to bring it down to
1 .5 millage rate. They said that they were going to lose their fire
engine. It's a shame. And that bothers me greatly that people would
throw out such lies to scare people into thinking they were going to
lose their fire department.
Now, one of the things -- I know if it were me, and I think it's
true with everybody on Capris, yeah, they want to keep their own
personal fire department. It's been more or less like their boutique fire
department. Everybody knew everybody. If they're called to
somebody's home, they know what health problems they have. It's
been a beautiful arrangement. Maybe not so on Mainsail, but certainly
on Capris. Everybody would like to keep that.
They're also just about out of money. They've been living on
their reserves for the last few years. They've got about one year
reserve left and then they're going to have nothing.
When asked -- I guess that they had asked Marco Island to be a
part of their fire department and Marco said the only way we'll accept
you is if you annex into the City of Marco Island. And Capris said no,
we don't want to do that. Then they said then we're not going to
accept you. And that's a shame, you know, because if they wanted to
go to Marco, that would have been great.
But right now we're in a situation where if you go to vote -- and,
you know, I always believe in voting for everything you want to do,
that's great. But if you're going to use scare tactics in order to stop
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people from voting, I don't think that that's -- that isn't as fair as not
being able to vote at all. So which do you want, do you want fairness
and then honesty or what's occurring right now?
When these ballots were taken home to home to home to home, I
saw one of them. I mean, I would have been embarrassed to put my
name at the bottom of that, seeing that it was filled with so many I'll
say nicely misconceptions.
CHAIRWOMAN HILLER: May I make a suggestion,
Commissioner Fiala? In order to essentially remove doubt from the
minds of the citizens, maybe we could get a copy of the ballot with the
issues that were raised. Could someone provide a copy of that?
MS. PRICE: The petition?
CHAIRWOMAN HILLER: Yeah, whatever the issues were.
And if we could address those issues one by one and put on the record
that this isn't true and this is not going to happen, to eliminate, you
know, the issues that are circulating? And then --
COMMISSIONER FIALA: We could do that, if somebody has
it here.
CHAIRWOMAN HILLER: Yeah, if we could have -- if we
could get a copy of it. I know that we as commissioners were sent a
copy of the flier with the issues that were raised. We could get those
off our email.
COMMISSIONER FIALA: We should probably instead of
discussing it any more, listen to what they have to say first.
CHAIRWOMAN HILLER: Well, I think what's really --
COMMISSIONER FIALA: And you're always going to find
people that are here that are against something.
CHAIRWOMAN HILLER: Oh, always. And that's perfectly all
right.
COMMISSIONER FIALA: And you're not going to find people
who are for it very often, because they're -- I hate to say it like this,
but I'll say shouted down or made to look like the bad guy. And
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usually it's a small group making the loudest noise, and the other
people are just hoping that the right decisions will be made and they're
kind of waiting for that decision to be made for them.
CHAIRWOMAN HILLER: I think it's really important that we
eliminate any false representations that are being made to the
community, regardless of by whom.
Do you want to go ahead and address the items?
COMMISSIONER FIALA: If I could read them.
CHAIRWOMAN HILLER: Yeah, we need to blow them up.
And maybe, Len, maybe you could read each item and then on the
record either Commissioner Fiala or you could state what the truth of
the matter is.
MS. PRICE: Okay. Can everybody hear me?
Citizens would receive a reduction in service with the proposed
merger.
CHAIRWOMAN HILLER: Speak louder.
MS. PRICE: Daily staffing would decrease from five firefighters
down to two.
Currently the Isle of Capri has assigned three firefighters per
shift. We also have the ambulance that's there right now and two --
the two people who operate that are also firefighters. That makes five.
Under the East Naples they are saying two firefighters will
always be there. They're not saying three would never, but they're
guaranteeing at least two at all times. And the ambulance would still
be there.
Now, there's -- questions have come up as to whether or not the
ambulance is going to be remaining at the Isle of Capri. That is a
decision that will be made along with EMS when we take a look at the
whole AUIR and we look at our whole system, see where the need is.
So irrespective of who operates Isle of Capri, the ambulance
decision will be made based on all of the right reasons. So if it were
to move, then it would move whether it was under capris or whether it
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was under East Naples.
So when they talk about the five firefighters, two of those are
from EMS, three are from Capris right now. We would definitely
have two from East Naples, potentially three at some times.
COMMISSIONER FIALA: But the EMS would just depend on
what the AUIR says, right?
MS. PRICE: That is correct.
CHAIRWOMAN HILLER: Because the EMS is --
COMMISSIONER FIALA: Has nothing --
CHAIRWOMAN HILLER: -- independent of fire.
COMMISSIONER FIALA: -- to do with East Naples Fire, right?
MS. PRICE: Absolutely. This is a --
COMMISSIONER FIALA: Okay, just to make it clear.
MS. PRICE: -- completely separate issue. I understand it's
contentious, but it is a separate issue.
Citizens would lose a backup fire engine stationed at Station 90.
This is the fire engine that was purchased through FEMA funds
for the Isle of Capris station. We've been looking at the terms of the
grant and as part of today's item, I would ask you to give me direction
as to whether or not -- we have two options with that fire engine: We
could ask FEMA if we can reassign it to Ochopee, which would leave
it under county ownership, which is the general terms of the
agreement; or we could ask FEMA if we could give it to East Naples
because it would be serving the same population that was served under
the terms of the grant. And it would be up to FEMA to approve one or
the other of those, or we might have to send the engine back to FEMA
altogether. So that would be a FEMA determination to make.
CHAIRWOMAN HILLER: And what would be the level of
engine service, if you will, that this area would now get? If say
FEMA said we have to give Engine 91 back or --
MS. PRICE: We still have a fire engine out there. But this was
our backup engine and some smaller response vehicles. All the rest of
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the vehicles would be staying with the station. And of course joining
with East Naples we also have the resources that East Naples has
throughout its system, which is extensive.
CHAIRWOMAN HILLER: So, I mean, it would be fair to say
that it isn't a completely false statement that this backup engine could
be lost in this consolidation.
MS. PRICE: That is correct, it is not -- it could be lost.
CHAIRWOMAN HILLER: Okay. And so that's something that
would have to be explored and you want the Board to direct you to
that extent.
MS. PRICE: Correct.
COMMISSIONER FIALA: Regardless of when they go with
East Naples or only because of going to East Naples?
MS. PRICE: That would be only because of going with East
Naples. The grant was to give the Isle of Capri Fire Station owned by
the county, essentially it was given by the county, for use at Isle of
Capri. So if this consolidation didn't happen, there is no issue with the
fire engine.
COMMISSIONER FIALA: So let me look a little bit further on
that. Does FEMA base many of their decisions on our input as to
what we feel is best for the community and surrounding communities?
MS. PRICE: I have not had a lot of dealings with FEMA as a
grantor, but I've had a lot of experience with grantors in general. And
what I find is they don't want this stuff back, and they will --
CHAIRWOMAN HILLER: Why?
MS. PRICE: Because what are they going to do with a fire
engine in their driveway? And generally speaking they are going to --
CHAIRWOMAN HILLER: Have a fire sale. Sorry.
MS. PRICE: Generally they will support what the granting
agency asks for. Like I say, in this case I would say it's 50/50 whether
they would prefer to see it stay with the county or go with another
agency. But I think we could make a very strong argument that the
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engine was given to that community and that it should remain with
that community, irrespective of who operates it.
COMMISSIONER FIALA: Thank you.
COMMISSIONER NANCE: Ms. Price, excuse me, let me ask
this one question. Under this recommendation it says to approve an
interlocal agreement for the operational management of the Isles of
Capri Fire District. Isles of Capri Fire District is not ceasing to exist,
is it?
MS. PRICE: Not under this agreement. And we've got a full
year to determine this and work with FEMA on some of the other
issues that are unknown. Because for as long as it remains Isles of
Capri, there is no issue about the ownership of that engine. So we've
got a year to resolve that.
CHAIRWOMAN HILLER: And that's a very important point,
that this engine question is year. And that's something that I believe
we would have to work with the Director of Finance, as well as with
the County Attorney. Because if you're proposing that a year from
now there would be a consolidation, then at that point you would be
looking at a grant amendment.
MR. OCHS: Commissioners, if I might, again, just in terms of
full disclosure, remember that when Chief Schultz was in front you, he
told you that he's been directed by his fire commission to prepare an.
amendment to the special act that he would ask the local delegation to
sponsor in the upcoming legislative session. So if that special act is
amended to include what is now the boundaries of the Isles of Capri
MSBU --
CHAIRWOMAN HILLER: Would there be a vote on that?
MR. OCHS: Again, I'm not their attorney. But my understanding
is that a vote is not required to amend that special act to expand the
district boundaries.
So if that were to be done and approved by the legislature, the
new district so to speak would essentially be formed in the first week
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in May when the legislative session ends and when the Governor signs
the new legislation.
Jeff, amI --
MR. KLATZKOW: Yeah, that's correct.
CHAIRWOMAN HILLER: So essentially it wouldn't be the
Board of County Commissioners that would be creating a consolidated
district, it would be the amendment to the special act by the vote of the
legislature that would be creating this special --
MR. KLATZKOW: Expanding.
CHAIRWOMAN HILLER: This expanded district.
MR. KLATZKOW: Expanding the district, yes.
COMMISSIONER HENNING: I just want to remind the
Commissioners, if we have 20 speakers, that's one hour of speaker
time.
CHAIRWOMAN HILLER: I understand. But what may very
well happen then as a result of this discussion and this analysis, a
number of the speakers may not choose to speak. I want to make sure
we eliminate any of the fears and concerns of the public on the record
before everybody comes up and expresses fear and concern.
So can we continue to the next?
MS. PRICE: The next one is that the citizens would have an ISO
rating increase. This is false. We do not know that there would be a
rating increase. Again, we cannot get the inspectors to come out and
to re-inspect under new circumstances until those circumstances are in
place, but our discussions have indicated that the rating would stay
either at a four, which is where it is right now, or potentially might
move to a five, which is a small jump and does not trigger a huge
increase in insurance rates.
CHAIRWOMAN HILLER: And the last item?
MS. PRICE: Firefighters --
CHAIRWOMAN HILLER: Citizens would lose firefighters.
MS. PRICE: Citizens would lose firefighters with the combined
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experience of over 90 years. Current Isles of Capri firefighters would
be fired.
They would not be fired. However, with the -- they would not be
fired. With the elimination of the district, there would no longer be a
need for their service and there would be a reduction in force. But that
is -- there's a distinction there.
Additionally, we've been working with East Naples to see if they
can bring some of those on as new hires. We've been working with
the City of Marco to see if they're going to have any openings. Every
fire district in the --
CHAIRWOMAN HILLER: How many firefighters are we
talking about?
MS. PRICE: We have nine firefighters and East Naples is
expecting to be able to hire six. That leaves three potentially without
positions at East Naples, assuming that there were no other positions
open over there.
The City of Marco has just added three firefighters to their
staffing with the adoption of their budget earlier this week, or last
week.
We also have some openings at EMS for EMTs. And all of our
firefighters are EMTs. So we are working through our HR, with East
Naples, with the surrounding areas to do the best we can to find them
employment.
That being said, I need to fully disclose that our firefighters
would lose their seniority, they would lose their leave, they would lose
-- they would have to change to a different pension system because
East Naples would bring them in under their 175 State home rule --
forgive me for not being an expert on that, but a separate pension
system.
I have been working with our County Attorney's Office to see if
there is a mechanism by which our firefighters could be transferred to
East Naples as opposed to rehired for purposes of the pension plan so
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that they might be able to stay within FRS. We have not gotten an
answer on that as of yet. So we're trying to go down that path.
Worst case scenario, they would start a new pension program,
which is very similar to FRS, however, they would lose the service
that they've put in to this point. It would not be counted towards
service years in a new plan.
CHAIRWOMAN HILLER: And so essentially again the millage
rate would go from what to what for the residents of--
MS. PRICE: From two --
CHAIRWOMAN HILLER: -- the Isles of Capri?
MS. PRICE: -- to 1.5.
CHAIRWOMAN HILLER: Okay, thank you.
Can we go ahead and proceed with the speakers then?
COMMISSIONER FIALA: Please.
MR. MILLER: Your first public speaker is Jonathan Gutierrez.
He'll be followed by Tim Garner.
CHAIRWOMAN HILLER: And if I could ask the speakers to
the extent that one speaker says what you believe, just say that you --
you know, rather than repeat the same thing over, you know, just --
and if you could call the next speaker so --
MR. MILLER: Yeah, if we could --
CHAIRWOMAN HILLER: -- we can have them lined up going
back-to-back at the various podiums.
MR. MILLER: Mr. Garner, if you could stand by at the other
podium. Tim Garner. Thank you.
Please go ahead, sir.
MR. GUTIERREZ: I would like to give my time to Chris
Tomei, if I may.
MR. MILLER: Sure.
Chris Tomei.
MR. TOMEI: I've already put in for time, so this is going to --
CHAIRWOMAN HILLER: Right, this will add to your time.
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September 10, 2013
You'll have six minutes to speak.
MR. TOMEI: First for the record, my name is Christopher
Tomei. I would like to thank you guys for your time and your service.
We were -- I would say about a year and a half ago --
CHAIRWOMAN HILLER: Can I ask before you get started to
explain a little bit of who you are and what ICFD stand for so
everybody knows who you represent and what you stand for.
MR. GUTIERREZ: I am a Driver Engineer, Isles of Capri Fire
and Rescue, I've been there for going on nine years. ICFD stands for
Isles of Capri Fire Department.
We have petitioned and we have -- we were at the corner of 951
and Capri Boulevard there trying to get support for this.
This started about a year -- I would say a year and a half ago was
the first time we heard about a possible merger with East Naples. Ms.
Len Price came down to the fire station with donuts and coffee and
basically said, you know, this is crazy, this will never happen. Well,
we've been fed that up 'til recently that this would happen.
After they said it would happen, they told us that -- the same
speech she just gave here, that preferable treatment with East Naples,
hiring, transferring over to -- there was a hiring freeze with EMS and
that we would be transferred there.
So yesterday I showed up on shift and we had EMS Chief Kopka
and some other people there, HR director, and they basically told us
that we could apply for a part-time position with EMS, which was far
from what she told us, but that they were able to apply. And without
any guarantee of the position. Also that the pre-employment test was
today for it. And naturally we're all going to be here to support our
jobs.
The part that bothers me the most about all this is that when your
mission is to serve and protect your community, that you can feel so
disposable. That bothers me. I've been there for a while. I'm the boat
captain there. I live on the island. I have a 10-year-old little girl and
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September 10, 2013
an eight-year-old little boy and I like having the service there, whether
I work there or not.
The other thing that bothers me is it's all about, you know, kind
of the business end of this. And our lives and our -- it's kind of like
you guys don't even have a vote here. That rather bothers me.
I have a close friend who works with me at the fire department
and his name is Alex Carrera, I'll say that, he a few years back
working at Immokalee Fire Department, they had budget cuts. He had
to make a decision, because he part-time worked with Capri, that he
could work with us. He gave up his seniority, he gave up his fire
department that he was hired at to come to Isles of Capri so that one
less person would have to get fired at Immokalee, and now he's got to
go through all this. You know, everybody's missing -- they're not
seeing the whole picture here what's going on.
We're not in financial distress, terrible financial distress. I think
it's a shame that you have to lay off any firefighters. I think that if you
have to lay off 10, why lay off 10 when you don't have to late off 10
firefighters? You don't have to do it. You can take your time, you can
wait on this.
If you have to lay off two, if the budget's that bad, I'm sure that
there's guys here that will take the sacrifice so that all 10 don't have to
be laid off. The economic climate that we're in, there are a lot of
people out there trying to get jobs as firefighters. For them to give us
an opportunity to apply and compete with a vast group of guys that
have been waiting for jobs for years anyway, you know, it's unstable
for us. There's 10 families that are going to be turned upside down
because of this, and it's like everybody is ignoring it. That's the issue
that I seem to have with this whole thing. And I appreciate your time.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is Tim Garner. He'll be
followed by Guedy Lara.
If you could please wait at this --
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September 10, 2013
CHAIRWOMAN HILLER: Yeah, as soon as your name is
called, please step up to the podium, because we need to keep the pace
going so everyone has the opportunity to speak.
MR. MILLER: Mr. Garner?
MR. GARNER: Good morning, Commissioners. My name is
Tim Garner, I'm the Vice President of Local 4719, Isles of Capri
Firefighters.
It has been said many times over the past few months and today
that the firefighters from Isles of Capri Fire Department are using
scare tactics to save our careers. This could not be further from the
truth. I believe you've been demonstrated or been shown today the
things that are actually on the petition are actually true statements.
Our only goal has been to offer assistance in obtaining as many
of the facts as possible so that our citizens would be able to make
informed decisions on what is taking place. We've been told a
majority of times we were out petitioning that this was a dead issue
due to the vote that the advisory board made in May, which was
three-two against the merger.
Besides being many times upset, a lot of people feel they have
been betrayed, after being told by the BCC that they would stand
behind the advisory board's decision. Today you will hear from some
of the very small percentage of the citizens currently not up north and
not working, as most of our full-time residents have not yet retired.
We represent over 200 of these not able to attend by petition, which is
a substantial number of our full-time residents.
There have been many issues presented both today, through all
these meetings. Some of which are manning, the ISO rating,
ownership of apparatus. These are some very important issues that the
people of the district should be able to have a voice in.
You have heard from a loud minority in the past. Today, now,
we want you to hear from the majority. The minority have all had one
objective: Get away from Collier County.
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The people here today are asking to stay with the county, at least
until everyone can voice their opinions and come to an agreement that
would at least be beneficial to this district as it would benefit anyone
who would merge with it.
The district has been around for a long time, and on numerous
occasions opposed being taken over. In fact, some of the architects of
the takeover today were adamantly opposed to the takeover in the
past. And only since their personal agendas have changed have they
decided the county can no longer do an adequate job, which is just
simply not the case. We the firefighters know that this isn't an issue
solely to keep our careers. It can't be. That's not for the -- you know,
it's a separate issue.
This is a community that has formed a relationship with the
firefighters over many years with people who know them. You know,
people that we know where their spare keys are to their homes. They
trust us. Or maybe it's just walking down the street and a hello, called
by name.
And this is not just a fire station, it's a community that cares
about one another.
And in closing, we all know times are tough, but this community
hopes you will do what is morally and ethically right for us and allow
the district to do what it has done, come together and do what is
needed to do for the district.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is Guedy Lara. She'll be
followed by Melannie Lara.
MS. LARA: I'd like to give my time to Jorge Lara.
MR. MILLER: Will the same be true for you, Melannie?
MS. MELANNIE LARA: No.
MR. LARA: Do I get six minutes?
MR. MILLER: Yes, you will, sir.
MR. LARA: Thank you, sir.
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Good morning, Commissioners. My name is Jorge Lara. I'm a
Lieutenant Firefighter, Isles of Capri Fire Rescue. I'm also the
Treasurer/Secretary with Local 4917.
Once again I'm before you with a colored shirt. Means Isles of
Capri Fire Rescue Save Our Department.
I remember some time back sneaking into the communities with
the help of Chris Tobin to help raise Golden Gate's millage up by half
a mill. And we succeeded.
I remember not too long ago I sat here with my son in my arms --
CHAIRWOMAN HILLER: Can you speak into the
microphone?
MR. LARA: I remember not too long ago I sat here with my son
in my arms. And I'll never forget the words from Commissioner Fred
Coyle. It was during -- when they were going to lay off EMS
personnel. I was here along with some of my co-workers. And
Commissioner Fred Coyle said this, the proverbial words. He said:
Tell me we're not going to landscape today, tell me we're not going to
add soccer balls to a community park that doesn't need them. But
don't sit here and tell me that we're going to get rid of our emergency
services personnel. I am not going to stand for that, you said, and I
will not support it. Come to me with a different plan other than laying
off emergency services personnel.
CHAIRWOMAN HILLER: And I agree with Commissioner
Coyle.
MR. LARA: Thank you.
And again today, Mr. Coyle, you are faced with the same
paradox. You're going to lay off nine firefighters whose tentacles
react to the whole community. Because we're all connected to
somebody. The great thing about this community is that everyone
knows somebody and we're all connected. We will have to go home
today and face our families and say you know what, I'm no longer a
fireman, I'm no longer helping. And I can no longer provide for your
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son or daughter or mom or dad. In my case I support my parents in
Homestead, you know.
If I tell you that it's just about laying us off, I'd be lying. It's
about the service to the community too. Ms. Price said that they
actually are going to reduce the number of personnel. I've sat in
negotiations meetings where I've asked Kingman directly, why don't
we just change the minimum personnel to three, and he said absolutely
not. If today this merger goes through, Isles of Capri would not have
ALS there. Why? Because East Naples does not provide ALS.
I was at a meeting where again Len Price asked the
commissioners, commissioner of east Naples if they were to put the
ALS program on the agenda today. And they told her clear as day, no
merger, no ALS program.
It's hard to believe that they're not going to use the money that
they're going to save by laying us off to subsidize the ALS program.
Because currently they don't offer it.
So in the end, the people who are going to suffer in the
community --
CHAIRWOMAN HILLER: So just to --
MR. LARA: -- when I drive --
CHAIRWOMAN HILLER: Can we ask a question and you'll get
the time.
MR. LARA: Yes.
CHAIRWOMAN HILLER: Am I to understand that this
proposed interlocal agreement will result in a reduction of service
because now we will not have firefighters who can provide ALS to the
residents of Isle of Capri?
MR. LARA: No. It will result in the reduction of services
because the number of heads, the number of personnel providing
emergencies there is not going to be there. They're going to cut it by
one per shift. And they do not participate in the ALS program. There
won't be a medic in the engine if this happens today, because they're
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not putting that on the agenda. Unless it changed from the last
meeting.
CHAIRWOMAN HILLER: Well, again, I just want to clarify on
this ALS. Will Isles of Capri have the same level of service in terms
of ALS care if this interlocal agreement --
MR. LARA: Happens today?
CHAIRWOMAN HILLER: -- is accepted?
Yes.
MR. LARA: No.
CHAIRWOMAN HILLER: So the Isles of Capri will lose ALS
service?
MR. LARA: Under engine, yes.
CHAIRWOMAN HILLER: That's a problem.
MR. LARA: It's a huge problem.
CHAIRWOMAN HILLER: Reduction of service --
COMMISSIONER HENNING: Look, let's cut the bull crap.
MR. LARA: Can I finish?
COMMISSIONER HENNING: Okay? That statement is not
true.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: I don't know if we have an ALS
agreement, Isles of Capri, with the county. Isles of Capri -- or East
Naples is going to bring forward a program within the next few
months.
MR. LARA: But not today.
COMMISSIONER HENNING: Come on. We know what -- I
know what it's all about. I think we ought to do all the speakers
justice and give them their turn to speak without interrupting them.
CHAIRWOMAN HILLER: Okay, but I need clarification,
because I don't have your background, Commissioner Henning. I
don't know all these issues. I don't know whether they have ALS or
not, and I want to make the right decision. If you can educate me, that
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would be great. But when a statement like that is made, you know, by
a speaker, I need to understand, because ALS is a big deal and means
a great deal to me to make sure that the citizens do have that service.
COMMISSIONER HENNING: And you have an ambulance
stationed at the fire station today.
CHAIRWOMAN HILLER: Okay.
MR. LARA: Can I clarify a little more?
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: So you have ALS there.
MR. LARA: Can I clarify a little more?
COMMISSIONER HENNING: And they could even transport.
CHAIRWOMAN HILLER: Okay. That's very important.
MR. LARA: Okay, currently you have the same amount of
medications on our engines that you have on a medic unit. If this
merger happens today, East Naples is not currently enrolled in the
ALS program. Those medications will come off. That means if the
medic unit is off the Island, the citizens of Isles of Capri will receive
BLS care. That's it. CPR and count their blessings.
COMMISSIONER FIALA: Excuse me, but don't we still have
an ambulance sitting out there?
MR. LARA: Well, if this is going on a call --
COMMISSIONER FIALA: Excuse me.
MR. OCHS: May I?
Again, just in terms of the information. The proposal in front of
the Board is recommended to go into effect on January 1st.
CHAIRWOMAN HILLER: Okay.
MR. OCHS: For the first three months of this fiscal year we will
maintain the operation just as it is today. In that intervening time we
are aware that the East Naples Fire District is working with our EMS
department to bring forward an ALS engine agreement and that we
certainly believe will be in place prior to the --
CHAIRWOMAN HILLER: The same as the North Naples.
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September 10, 2013
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: So essentially what you're saying is
the concern raised by the gentleman that there would be a period
where ALS would not be provided will not be the case pending the
Board voting on giving East Naples a COPCN to run ALS.
MR. OCHS: And there may be some confusion. It's a one-year
agreement but for the first three months of the agreement we will
maintain current status quo operations.
CHAIRWOMAN HILLER: So there will not be a reduction in
the level of services to citizens.
MR. OCHS: Provided there's an ALS engine agreement in place
with East Naples prior to January 1st, which we fully expect will be in
front of this Board before then.
CHAIRWOMAN HILLER: Got it. Okay, understood. Good.
MR. LARA: When I drive in Isles of Capri, I don't see a sign
saying second class citizens reside here, you know. I don't see it when
I leave and I don't see it when I come in. I hope they're not being
treated like second class citizens. Because we're going to find a job.
Whether it be picking tomatoes or fishing or something else, we're
going to find jobs. We're going to survive somehow.
All we're asking is that you help us help them and that they be
treated like the first class citizens they are and we do not reduce the
level of services to them. That's it. No more, no less. Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is Melannie Lara. She'll be
followed by Gene Matthews.
Mr. Matthews, if you could wait at this podium.
Please, Ms. Lara, go ahead.
MS. MELANNIE LARA: Hi. I'm Melannie Laura. My dad is
Jorge Lara. I'm a little bit nervous, I'm sorry.
CHAIRWOMAN HILLER: That's okay, take your time.
MS. MELANNIE LARA: Personally I don't think this is right
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for the community. I know it's not right for my dad, our firefighter
family. And I just urge you not to do this. That's it. Thank you.
MR. MILLER: Your next speaker is Gene Matthews. He'll be
followed by Jim Hughes.
Mr. Hughes, if you'll wait at the next podium.
Mr. Matthews, please.
MR. MATTHEWS: My name is Gene Matthews. I thank you for
the time, I will be brief.
I actually don't have an axe to grind in this fight. I came here in
the interest of honesty and fairness to the community. I'm a member
of Commissioner Hiller's fighting 2 District. And I'm interested in
this.
As a retired air traffic controller, I understand how service
providers become political footballs, and this is what it seems to me.
I'm listening to this today and I'm taking notes.
And Commissioner Hiller spoke about uncertainty in the last
issue. And all I heard here today from the people who are in favor of
this merger is uncertainty. Ms. Price, was her name, went over that
list of issues. And it seemed to me that they were legitimate. There
was a lot of legitimacy in there. And she spoke of generally an
uncertainty as to what the East Naples Fire District was going to do.
If I'm sitting on this Board and I have to vote on this, I don't have
enough information, okay. A lot of uncertainty.
It seems to me that East Naples and Golden Gate recently merged
and they have their own merging problems going on and now you're
throwing at these people Isles of Capri. And I would want to know
what East Naples is going to do when they get Isles of Capri, what's
going to happen to that fire engine. I want to -- if I'm going to vote on
this very important issue, I want to know this stuff. And sitting here
today, I couldn't honestly vote if I'm part of you guys. I just couldn't
vote today. I would have to table it.
But if I had to vote I'd vote no, because if we vote no, maybe it
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will come up again in a year when we have more information. But I
don't see how you guys can vote on this thing. There's just not enough
real facts going on here.
East Naples is going through a transition themselves. And I just
heard a lot of ifs, maybes, maybe we'll do this, maybe we'll do this
with the engine.
That's all I have to say.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is Jim Hughes. He'll be
followed by Beau Middlebrook.
Mr. Middlebrook, if you could come to this podium.
Mr. Hughes, please.
MR. HUGHES: Good morning, Commissioners. My name's Jim
Hughes. I'm Chairman of the Advisory Committee for the Isles of
Capri Fire Rescue District.
This has been a long difficult summer for everyone.
At our advisory meeting in May we voted three-two for the
recommendation to the BCC to delay these negotiations until the fall
when more residents/taxpayers were here to understand just what is
happening to their fire department.
Recently some citizens became aware of the contents of the
negotiations and began to question the possibilities of their insurance
premiums going up and the possibility of 10 people losing their jobs.
Their request for information has been countered mostly with that's
not true, period. A bona fide answer has not been forthcoming.
If merging with the East Naples Fire Department is necessary, in
your point of view, I'm here to ask you to slow this process down in
order that the information can be fully vetted and citizens of the
district will be totally informed as to what is happening.
Is it unreasonable to ask you to call in and consult with an
outside organization to examine both the East Naples Fire Department
and Capri Fire District in this merger and present their findings to the
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commissioners as to what should or should not be implemented?
One possible department for example is to request an inspection
from the State Fire Marshal's Office. Thank you for listening.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: Could I ask a question? If they have
nine firefighters there, who are the 10 people?
MR. HUGHES: The tenth one is the administrator. Barbara.
COMMISSIONER FIALA: Is she going to be on too?
MR. HUGHES: I don't like to say secretary. Administrative
Assistant.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next public speaker is beau Middlebrook.
He'll be followed by David Thomas.
Mr. Thomas, if you could go to the next podium.
Mr. Middlebrook, please.
MR. MIDDLEBROOK: Yes, sir. My name is Beau
Middlebrook and I've lived on the Isles of Capri for over 30 years.
The fire department has played a huge role in life on Capri. Boating
accidents, heart attacks, car wrecks, house fires, motor accidents, you
name it. From childbirth to the more tragic death and everything in
between. You'd be amazed at the number of lives that have been
changed and forever changed because of the Isles of Capri Fire
Department.
If you are one of the few who were lucky enough to not have
dialed 9-1-1, then from the haunted house of Halloween to the
Christmas tree line ceremony, the Sunday barbecues and morning jogs
on the sidewalk.
If you live in the Isles of Capri you get to know the firefighters
like family and they know you the same.
From some of the best times of our lives to the worst and scariest
moments the fire department is there with us at our side. In the past
whenever the fire department had a money problem or needed
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something, be it a new station, a new truck, equipment, a new boat,
the residents have always been there --
COMMISSIONER HENNING: Who has --
MR. MIDDLEBROOK: -- and have done whatever it takes --
COMMISSIONER HENNING: Hang on. Who has the phone?
CHAIRWOMAN HILLER: Someone needs to turn their phone
or radio off.
COMMISSIONER HENNING: Where's the beeping coming
from? Can you walk outside so we can continue the meeting? Thank
you.
MR. MATTHEWS: Damn technology. Sony.
CHAIRWOMAN HILLER: Go ahead. Continue.
COMMISSIONER HENNING: Sony.
COMMISSIONER MIDNEY: In the past whenever the fire
department had a money problem or needed something, be it a new
truck, a new station, equipment or a boat, the residents have always
been there and have done whatever it takes to make sure our fire
department can continue to provide the same outstanding service and
level of personalized care we have come to rely on. I guess you could
say that through the decades we have learned to depend upon each
other.
On land that was donated by a resident, our fire houses has
progressed in the all volunteer department with no money and only
one member being certified for CPR to a full-time paid department
with professional staff, state-of-the-art equipment, training and gear.
The residents have worked very hard through the years and proven
over and over just how important and how much the fire department
means to us.
If there's a problem now, be it financial or internal, the residents
have earned and deserve the right to choose the solution. If we need
to cut back the staff, raise the taxes or consolidate with another station,
let that be our choice, the residents choice. When it comes down to it,
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it is our money and our lives that are at stake. The fire department has
always been there for the community, and the community will always
be there for the fire department.
So again, I beg you all from the bottom of my heart and for the
safety and well being of all my friends, family and neighbors, please
stop the merger and let the residents whose lives depend upon the fire
department choose the fate of the fire department. Please just don't
give away everything we have worked so hard to get. Give us the
chance, give us the choice. Thank you.
(Applause.)
MR. MILLER: Your next speaker is David Thomas. He'll be
followed by Alex Correa.
CHAIRWOMAN HILLER: Can I make a suggestion? How
many more speakers do we have? And let's call them all up and let's
line them up behind the podium so we don't have the lag.
MR. MILLER: Okay. Mr. Correa, you will come here. Be
followed by Mr. Rogers at that podium. Mr. Rogers has six additional
minutes of time ceded to him.
CHAIRWOMAN HILLER: That's fine.
MR. MILLER: Walter Call will be next in line at this podium.
Mr. Brakefield will be next in line at that podium.
Matt Crowder next in line here.
And then Jeri Neuhaus at the far podium.
CHAIRWOMAN HILLER: If you please could go up to the
podium as your name was called.
MR. MILLER: Okay, we should be Mr. Thomas.
CHAIRWOMAN HILLER: Please go up to the podium as your
name was called.
MR. THOMAS: Good morning, Commissioners. Name is David
Thomas, IFF Local 4719 President.
As president of the union that represents the firefighters of the
Isles of Capri Fire Rescue, I have a great duty and obligation to fight
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for these men and their families that they support. Firefighters of this
department have not only made a great sacrifice to their families by
leaving them for 24 hours at a time, but also have spent countless
hours of personal time by continuing an education to better themselves
and become a greater asset to our community.
In return for this dedication and hard work, the BCC has entered
into negotiations with East Naples with a known fact that all current
employees will be let go. Services no longer needed. What does this
say to all current Collier County employees? Job safety with the
county does not exist.
There has been no job guarantee for any ICFD employee if this
happens, only that there will be jobs that they can apply for and
compete against one another for.
Merger is not a viable option for the Capri residents at this time
with so many unknowns on the table. Why sacrifice jobs and life
safety without all known facts?
Citizens have been awakened and they are speaking now when
they say no to a merger. Merger is not what the citizens want. In fact,
the advisory committee voted against a merger with East Naples.
We are asking you to now let the community decide what is right
for them. 12 percent of the district is Fiddler's Creek, 88 percent is
not. The majority does not gain from a merger with East Naples. The
math is easy.
ICFD is currently on par with budget. And yes, every
department has had financial burdens over the past few years. ICFD
should be able to handle their own budget and work with the
firefighters to make cuts where necessary, never cuts towards service
levels.
To buy a shirt in this county you need three proposals, but to
effect life safety only one? Many articles over the past few years have
gone through the same issue and they all say the same thing: No
means no.
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I am the one who put together that petition, and for people to say
that we're using scare tactics is offensive to me. There's nothing on
there that is untrue according to the interlocal agreement that there is
in place right now.
We have residents who have contacted insurance agencies and
this is what they've said. We've gotten a letter from ISO directly
stating that things have changed in the rating system and obviously
there's many factors that go into play, so it's an unknown with the ISO.
So that was just-- and that's what we told the residents. We never
said the fire department was leaving, and that's untrue. So thank you
for your time.
(Applause.)
MR. MILLER: Your next speaker is Alex Correa, to be followed
by John Rogers.
MR. CORREA: I yield my time to Mr. Rogers.
CHAIRWOMAN HILLER: Thank you.
MR. ROGERS: Oh, thanks.
MR. MILLER: That gives you now 12 minutes, sir.
MR. ROGERS: Perfect. I can ad-lib some. Uh-oh. Sorry, Leo.
I can slow down so hopefully you can understand. And
Commissioners, mine comes to you from a slightly different
perspective. Back to Chairwoman Hiller's point about a vote.
So good morning, Commissioners. My name is John Rogers and
I've been involved with this project since October of 2011 . I have
attended countless meetings and currently possess hundreds of pages
of information related to the future of the Isles of Capri Fire District.
Throughout all of these meetings, including numerous meetings in
front of this body, and in all the documentation, there is only one
constant and recurring premise. The premise did not address the
merits or demerits of the current East Naples management and merger
proposal, and neither will I.
It deals strictly with the procedure. The procedure which was
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repeatedly expressed and made patently clear by the Board of County
Commissioners over 21 months ago and which is pervasive
throughout every meeting and important document related to this
issue. That is, the will of the citizens as expressed through their vote.
In February of 2012 when this Commission first held its meaning
full discussion regarding the future of the Isles of Capri Fire District, it
made it unmistakably clear that quote, no one voice or small group
attempting to represent the entire community would convince this
commission to do anything, closed quote.
More specifically, Commissioner Coyle stated on February the
28th, 2012 under agenda Item 5.C, which was a presentation by our
fire advisory board, quote, the final decision has to be done by ballot;
keep that in mind, closed quote.
This position was echoed by other commissioners and repeatedly
enforced.
In a later conversation, now Chairwoman Hiller, my notes reflect
that her position was: Nothing will change without ensuring what the
majority wants.
Again, back in February, 2012, Commissioner Coyle even made
a very important suggestion, stating that quote, at the point in time
where there's sufficient information, we could sit down and draft a
letter together and send it out to the MSTU members and see what
they want, closed quote.
Commissioner Fiala and other Commission members obviously
concurred, and confirmed that it was important to get the vote and see
where the people stood.
Commissioner Henning was clear that we must reach out and
include the entire fire district in this process.
It is also important to understand that at that time this room was
full of Isles of Capri Fire District residents and that they left here with
the confidence that they would be polled before any final decision.
This assurance was repeated and repeated and repeated over the
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following 12 months of meetings and negotiations. Let me give you
just a few of the numerous examples.
In a draft memorandum prepared by county staff in November of
2012 entitled draft project plan, Item 2.C, proposed time table says
conduct Isles of Capri taxpayer straw poll on alternatives.
In December of 2012, Phil Brougham, resident of Fiddler's
Creek, an active participant in numerous meetings on behalf of the
residents of Fiddler's Creek wrote: Quote, if we take a straw ballot
using supervisor of elections' resources, it would be the registered
voters of the Isles of Capri Fire District MSTU and not all of the
property owners that reside in the MSTU. That is if we proceed using
supervisor of elections. There may be a way to construct a complete
list of all property owners of Isles of Capri Fire MSTU, but I have not
asked that question.
The reason I bring this up is there's no doubt many taxpayers in
the district who are not registered voters may very well be upset if
they don't have an opportunity to vote, closed quote.
And I'm sure you remember Mr. Brougham helped bring this
issue to a head over 12 months ago.
Mr. Brougham's comments were in direct response to a
memorandum from Administrative Services Administrator and county
liaison to this project, Len Price's memorandum of December 7th,
2012. Please understand that this is correspondence being drafted 10
months after our first appearance in front of you and after numerous
meetings, of which at least three were publicly advertised and held at
our civic center.
Well why do I point that out? It is important for you to know
that at every meeting, every meeting addressing this situation it was
made abundantly clear that some sort of vote would occur before --
pursuant to the specific direction from our commissioners.
While preparing for our appearance before you on January 8th,
among other points, Ms. Price writes, and I quote, straw poll. I've
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contacted the Supervisor of Elections regarding the cost and logistics
of holding a straw poll to determine the residents' preferences. They
suggest a mail ballot, as there will not be another election until
August, 2014 and the cost of a special election is significant. Any
election run by the Supervisor of Elections' office would be limited to
registered voters. I am awaiting a cost estimate. Closed quote.
One week later, while defining her presentation to the BCC, Ms.
Price appropriately offers a suggested time frame. She writes in her
memorandum and I quote: Timeline. I would suggest the following
time line: February 12th or 26th. Return to the BCC with complete
plans and recommendation for straw poll, including ballot language,
methodology and electorate eligibility.
Now, although the goal was to return in February with complete
answers and issues resolved, we were unable to do so. So over the
next few months work continued in an effort to resolve these questions
and obtain answers to the issues.
On May 2nd of this year, a fire advisory board meeting was held
with Commissioner Fiala, Len Price and according to the news
hundreds of residents in attendance. Many questions were asked and
it was clear that complete answers were still not available. Therefore,
the fire advisory board voted to table this issue until October, 2013
when the majority of residents had returned.
Although the vote was split three to two, I want to point out how
consistent it was with our constant guiding premise. Let me digress to
November 10th, 2012 when Commissioner Fiala also attended a
meeting at the Isles of Capri Civic Center on this very issue.
The meeting notes which summarize Commissioner Fiala's
request state: Quote, Commissioner Fiala asked that the Isles of Capri
move forward with this and that all who will be affected by the
outcome be active participants in the process, Isles of Capri, East
Naples, Fiddler's Creek and county staff, and that the plan be
completed by early spring while most of the residents are present.
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The vote by the fire advisory board on May the 2nd followed this
same line of thought process: Wait, include the citizens, get their
opinion, majority rules.
Approximately two weeks after the May 2nd meeting, the Isles of
Capri Fire Advisory Board met again and in my opinion improved on
their May the 2nd vote. The board determined that although it was
important for the citizens to be present and to be heard for the final
vote, it was not wise to discontinue fact-finding over the summer
months.
A letter was sent to the county stating: Quote, the fire advisory
board held a special meeting on May 17th. At this meeting a motion
was passed unanimously to request that the county engage in
conversations with East Naples and also with Marco Island, if they
submit a management proposal, so that if and when the proposals are
again presented to the fire advisory board, there has been some vetting
and perhaps some agreement in principle on the key elements of this
proposal. The purpose of this motion was to not to rescind the
decision that was passed on May 2nd, but rather to clarify it, closed
quote.
Never was there a request, suggestion or hint that the Isles of
Capri Fire Advisory Board or the residents of the district were ready
for a final decision. Rather, we were hoping to have all of the facts in
early October.
It is shortly after this that everything falls apart. Despite the
request from the Isles of Capri Fire Advisory Board to garner more
information, on July the 9th, 2013 the BCC, at your last meeting
before summer break, voted on a motion by Commissioner Henning to
give management of the Isles of Capri Fire District to East Naples, a
vote which occurred with no public notice at your final meeting and in
response to public comment.
I don't know how this could be any more inconsistent with the
theme of the past 22 months.
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I attended the East Naples Fire District Commission meeting that
same evening and could not have been more floored by Commissioner
Henning's comments. The BCC had, he said, quote, turned over the
Isles of Capri Fire District, closed quote, to East Naples.
Commissioner Henning, who in February, 2012 stated: I would
depend on the appointments of the fire advisory board and their
opinion. And as recently as January 8th of this year stated:
Commissioner Fiala, so you know, I will support what you want but I
do have concerns. Thus echoing his statements of 2012 that this is
Commissioner Fiala's MSTU to lead. Instead his July 9th motion has
now turned this entire process on its ear.
Here we are in September, the least populated month in
Southwest Florida, and you are about to vote on an issue we have
worked on for almost two years and for which residents have been
promised and expect to vote.
We under your direction and with your active participation have
lulled the residents into a passive position while they await their right
to vote. Ignoring this promise is wrong. Voting to take action today is
wrong.
So what should you do? The East Naples Fire District's proposal
is complete. It's ready to be reviewed and decided upon by the
citizens. The only thing lacking is additional financials on what the
Isles of Capri Fire District looks like without the East Naples proposal.
A two to five-year projection would be helpful.
I suggest that Len Price, working with the acting chief, Barbara
Shea, and the Isles of Capri Fire Advisory Board complete this in a
matter of weeks. Then the residents will have the facts and we can put
it to a vote in October.
I'm going to skip the last paragraph just to get to my closing
paragraph.
And therefore, if we vote, we can embrace East Naples if they are
successful. We can take and call East Naples our own.
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And if we don't go with East Naples, if the figures show that it's a
2.3 or 2.4 millage rate and we agree to vote on that, so be it. But at
least we go forward having been honorable and proper in the process
and we then can establish a relationship with East Naples or on our
own as we so vote pursuant to your direction. Thank you very much.
(Applause.)
MR. MILLER: Your next speaker is Walter Call, followed by
Lenore Brakefield.
MR. CALL: Hello. My name's Walter Call. My family bought a
unit at the Tropic Schooner Condominiums, 15385 Mainsail Drive,
directly from Deltona in 1985. I still own the unit. And I didn't know
until two weeks ago that we were in the Isles of Capri Fire District.
What I did know is that we were in Collier County, the best managed,
finest place to live in Florida.
But I would like to share a good experience I had with the Isles
of Capri in this past two weeks. There's damage to my unit of a year
ago which has still not been fixed by the association. It was water
damage. I've been to growth management, I've been -- I have a code
enforcement violation against them. They did work without a permit.
And I was in court yesterday and the work has still not been
completed.
Now, the president of the association and the general contractor
that he hired, ironically his name is Firewater, has an outstanding fire
inspection, and they're saying that they couldn't get it done, they can't
get somebody out and inspect the place.
So at the behest of the growth management, code enforcement,
they told me I was on (sic) Isles of Capri Fire Department. I went
down there last week. Didn't know where it was; know where it is
now. Very nice folks. And they directed me to call Okeechobee to
talk to the chief.
He wasn't there. They gave me his cell phone number. He
answered immediately; he was in a meeting. And told me he could
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have the assistant do the fire inspection the next day. So that's pretty
good service, I think. And that's my experience with them from an
objective standpoint.
Of course I cannot do this because the general contractor has to
call him. And the general contractor, whose address is Manatee Road,
I guess that's East Naples. I said something bad about them, I don't
know. But my experience with them has been very good and good
service. I don't know any the other particulars. There's a lot of things
that go here that I don't understand.
But I just thought I'd say my personal experience with them.
And I have a friend who has a property permit on Mainsail Drive
to put some new condos. So that's permitted property out there. And I
can assure him that he will have no trouble getting fire inspections,
someone says some different from Isles of Capri (sic).
Thank you for your time.
MR. MILLER: Your next speaker is Lenore Brakefield. She'll
be followed by Matt Crowder.
MS. BRAKEFIELD: Good afternoon, Commissioners. My
name is Lenore Brakefield, I'm an attorney with Bond, Schoeneck and
King. But I'm here today as a resident of Isles of Capri and my
husband is a firefighter at Capri.
I'm here to ask you to not approve the interlocal agreement, give
the residents of Capri, not just a few squeaky wheels, the opportunity
to express their opinions as to what should happen with the fire
department.
If this really is about the 2015 budget, give the residents the
opportunity to vote on this issue and raise the money to fix the
budgetary problems, if that's what they decide they want to do.
The fire advisory board voted against taking this action. The
Florida legislature must take action before the boundaries of East
Naples can be increased for this annexation to take place.
The legislature will not meet again until next we're year, so I ask
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you, why are we doing this now?
Len Price told us last Friday that East Naples hasn't yet
determined whether it has the capacity to take on any of these
firefighters. Shouldn't this be something that's done before we enter
into a contract? Shouldn't we know? Do they have positions, do they
not have positions? Seems like we're putting the cart before the horse.
To answer Commissioner Fiala's question that she posed earlier
at this meeting, I want fairness and I want truthfulness.
COMMISSIONER FIALA: Say that again? I'm sorry.
MS. BRAKEFIELD: Truthfulness and fairness. You said which
do you want? I want both from my county government. And I think I
deserve it. I think everyone in this room deserves it.
And if you guys are upset about the residents not having the right
information, whose fault is that? It's not the responsibility of these
firefighters to get out there and give the information. They're doing it
because they're desperate.
If you guys want the residents to have the information, give it to
this. Let them vote. Let them make the decision. But don't force a
decision down their throats and then tell them it's one thing when it's
really not.
I ask you again, please do not approve this interlocal agreement.
Give the residents of Capri and the residents who are served by Capri
-- I know it's not just Capri -- give the residents the opportunity to
know the information, understand the information and make a vote.
Thank you.
(Applause.)
MR. MILLER: Your next speaker is Matt Crowder. He'll be
followed by Jeri Neuhaus.
MR. CROWDER: Madam Chairman, Commissioners, for the
record, Matt Crowder, resident and homeowner of the Isles of Capri.
Although I am currently a member of the Isles of Capri Fire
Advisory Board, I want to clearly state that I'm speaking here today
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only for myself, not for the committee or for any other residents.
I'd like to take you back briefly to the year 1998 when we fought
hard to prevent an East Naples merger. Shortly after we prevailed I
received my first appointment to the Fire Advisory Committee.
And just the other day I came across an old Naples Daily News
interfere where I was asked about the merger attempt back then. And
I think this excerpt will provide some insight into where we are today.
This is from the article dated August 21st, 1998 written by Mike
Loomis. "The fires board last winter considered contracting with the
East Naples Fire Department, a plan that stirred up opposition among
some residents. The opposition led East Naples to end the
discussions. Crowder said he hasn't eliminated reviving the issue at
some future point, but for now he's happy with the Capri department.
I think East Naples is a very capable department, maybe one of the
best in the state, Crowder said, but I'm satisfied with the current
situation as it stands.
Now some 15 years later I do say -- have to say that I support this
consolidation effort and the management agreement.
Next I'd like to read some quotes from some former fire board
members who also recognize what's going on here and chose to give
their comments on the situation. From Jim Gault, fire board member
for five years, Jim writes: After running budget deficits for several
years, raising the millage to the current maximum, reducing costs and
using up most of our excess cash, the fire advisory board started to
discuss the possibility of merging with East Naples. A merger with
East Naples is now the best option and I fully support it. That's Jim
Gault.
And from Kirk Colvin, board member for 10 years, Kirk writes:
I'd like to second Jim Gault's comments. I think most board members
over the years have known that the day of reckoning was coming for
our fire department. I have also support the merger with East Naples
as the only logical and acceptable outcome to our dilemma.
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And quickly, I'd like to speak about the November, 2010 ballot
initiative regarding fire consolidation. According to my numbers, I
think that the -- while there was a majority vote, I don't think it's quite
as extensive as what has been described here. By my numbers, the
vote was only 60 to 40 in favor of consolidation in the November
2010 vote.
But I have to say this in fairness, I do believe it is appropriate to
bring this agreement back to the Island. I think that was pretty much
universally the expectation on the part of certainly the fire advisory
board, on the part of the residents and perhaps even on the part of
some of the East Naples leadership.
And with that I'll close. Thank you.
MR. MILLER: Your final public speaker on this item is Jeri
Neuhaus.
MS. NEUHAUS: Madam Chairman, Commissioners, for the
record, I'm Jeri Neuhaus, homeowner, business owner, full-time
resident of the Isles of Capri Fire District. I'm also a former member of
the Isles of Capri Fire Advisory Board and a former volunteer with our
department.
Just as in the past, I'm here today speaking only for myself and
not for any other resident of the district.
Much has been made of the negative impacts of a proposed
merger. I'd like to offer some of what I believe to be the positives.
First I'd like to thank John Rogers. What he said was accurately
and eloquently stated. And I supported him in last month's fire
advisory board meeting by saying that we needed to bring this to a
vote. We even approached the fire advisory board with it.
So I agree fully with the idea of taking it to the residents.
I argue with the concept that a few squeaky wheels -- we can't
help it if we're vocal. The other people should have been vocal before
now. I'm glad to see they're being vocal now, but we've always
spoken for ourselves.
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September 10, 2013
I believe one of the benefits is that we're actually going to go see
an increased level of service, overall increased level of service. I think
it's going to be expanded. They have numerous resources, numerous
firefighters and numerous paramedics and multiple response vehicles.
Currently with our staffing, our in-district response capability is
limited to one class A engine. We don't have the staff to staff that
reserve engine right now.
Beyond that we rely solely on mutual aid. If we're a part of East
Naples we will no longer be relying solely on mutual aid, which could
actually help benefit our ISO rating, along with our improved water
system that's been done since the last ISO rating. There's no home in
our district now that's not within 500 feet of water. That's going to
positively impact, which I understand is the heaviest weighted formula
in the ISO.
As far as grant-based equipment, I think it's important that we
include the air packs. When you all go to consider this, when all the
facts are laid out, it's up to you the BCC to help us keep that
grant-based equipment for the residents of Capri; needs to include the
air packs. It's not just an engine. But it's up to you to fight for us to
keep that equipment here.
I believe the facts, when they're properly given out, are going to
reveal a completely different picture than a lot of people have been
presented. And some people were intimidated; and we have names of
those people ready.
I hope that you'll provide the residents an opportunity to review
all the facts as promised. John's idea of going to a vote in October, a
straw vote, is an excellent one. You need to let us make that decision.
I for one support 100 percent going with East Naples, but I support
their right to express their opinion. Thank you.
CHAIRWOMAN HILLER: Thank you.
I just want to comment that I really like what you just said. Ms.
Neuhaus, I really like what you just said. It makes perfect sense. I
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mean everybody has a different opinion, everyone's entitled to full
transparency, full disclosure of all facts, and let an informed decision
be made.
For my sake I'm going to comment and say that I've listened very
carefully to both what our commissioners have said and what the
community has said, and it seems very clear that not all the
information is on the table and some misinformation is on the table.
It really would behoove us I think as a Board to defer making this
decision and instead bring out all the questions that have been raised
by addressing them with full and complete answers, as well as
providing the financial disclosure as to what exactly is going to
happen, you know, with the expenses and how that will impact the
taxes to substantiate, you know, where the allocations will go and
what impact that will have on services.
I don't think having an interlocal is a bad idea. And maybe this
interlocal will ultimately be the one that's adopted. But giving the
people the choice is the right way to go. With full information and
full financial disclosure. So I'm not saying no to --
COMMISSIONER HENNING: You could still do the same
thing with this interlocal agreement. You can get that information
while you have management. And we'll keep their millage at two
mills, if that's what they want, okay, just in case it goes sour.
However, I must remind you, Isles of Capri is not the only
citizens within the district, okay. This whole thing came about
because citizens want to annex Isles of Capri. And do you remember
the discussion from staff is we'll have to lose firefighters because
we're not going to have the proper funding for firefighters.
CHAIRWOMAN HILLER: And you're absolutely right.
COMMISSIONER HENNING: So, you know, what you heard
today is only what you want us to be said (sic).
CHAIRWOMAN HILLER: No, I remember Fiddler's Creek was
the other you were talking about right, Commissioner Henning?
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COMMISSIONER HENNING: Yes. And there's no reason why
other areas would not want to annex into East Naples because of the
millage rate. It's a savings of money.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER HENNING: So I'm saying this interlocal
agreement, you could still get those questions answered in the interim.
Write them down and I'll make sure that you get those answers.
But to -- you're going to have two things on the legislators
agenda -- one of two things: You're either going to have a map change
or you're going to have an annexation, okay. And then somebody
needs to tell the firefighters that they're still going to lose it. And they
can always petition the legislators not to do what the citizens want.
CHAIRWOMAN HILLER: Let me ask you a question, because
you're very versed in these matters; you were a fire commissioner
yourself, you know a great deal about these matters and I think you
seem to have, you know, a very close connection --
COMMISSIONER HENNING: And as far as a vote, what are
we going to let, just the Isles of Capri residents vote on it?
CHAIRWOMAN HILLER: No, I don't believe so. I think --
COMMISSIONER HENNING: You can have them all and then
you can have the East Naples fire union, you know, put out
information. You know, or we can do the right thing.
COMMISSIONER FIALA: I thought I was supposed to be -- I'm
sitting here waiting for my turn and I can't even get a word in
edgewise.
CHAIRWOMAN HILLER: I wanted to make --
COMMISSIONER HENNING: I yield my time to
Commissioner Fiala.
CHAIRWOMAN HILLER: I'm still chair. I'm still chair.
Let me just say, I was hoping you were -- would guide it because
it's your community, but I'm still the chair of the Board so I'm going to
take control of the Board back.
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September 10, 2013
COMMISSIONER FIALA: You have been.
CHAIRWOMAN HILLER: And again, I think I'm hearing, you
know, very strong feelings from Commissioner Fiala and
Commissioner Henning.
I have to ask, Mayor Hamilton, I see you in the audience and we
haven't recognized you. And if I could ask for you to stand up and let
everybody, you know, recognize your presence and thank you very
much for being here and I wanted to find out if you wanted to say
anything.
MAYOR HAMILTON: I'd rather not now.
CHAIRWOMAN HILLER: That's fine. Thank you for being
here.
Commissioner Fiala, you know, I'm very -- I'm always very
interested to hear what Commissioner Henning has to say on this in
addition to you being the commissioner of the district. Him having
been a fire commissioner gives a level of insight which I think is -- so
I feel compelled because, you know, it isn't my district so I don't have
your background, and I was never a fire commissioner. So hearing
from him -- and I want to -- to me this is a very important issue
because as you know, I care very deeply about public safety, and I
care very much that we make the right decision in that regard.
COMMISSIONER FIALA: But you see, you haven't even given
me a chance. I want to talk --
CHAIRWOMAN HILLER: Not your turn.
COMMISSIONER FIALA: -- too but you just keep talking.
CHAIRWOMAN HILLER: Sorry. It's your turn. I won't say
another word. But I do care deeply about this. Go ahead.
COMMISSIONER FIALA: So do we all.
CHAIRWOMAN HILLER: I know, I know, I know, I know.
COMMISSIONER FIALA: So do we all. Okay, fine.
So they say that they would like to have a vote. Now, how can
we be sure? Because this is -- a year ago last November they said just
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give us a chance to have a vote. And I said absolutely. I know that
not many people were in agreement, but they stepped back and they
said all right fine, you know, if you want to vote, that will be fine.
And so I said this gives us a whole season then with everybody
back in Capri and on Mainsail to then get their votes together and
vote. But here comes May and we still haven't had a vote. And now
they're saying everybody's gone. Now they're saying you won't let us
vote because -- or we want to wait to vote until they come back. But
now we've been doing this for what, 27 months? And of those at least
20 months have been waiting for a vote and we're still not voting.
How do we know that when they come back there's still going to be a
vote, because there's all this dissention.
What happens if they don't vote, and what happens if no action is
taken? Just let me know that.
MS. PRICE: Right now is if no action is taken, our FY 14
budget that you're getting ready to adopt next week is balanced for the
Isles of Capri.
If no further action is taken for FY 15, there is likely to be a
deficit. Now we can certainly try to take some measures this year.
Last year -- one of the reasons why we're not in the situation this year
is because last year we did not fill the chief slot. But we can't keep
that position completely open. We're going to have to take some
actions to have some semblance of management out there, if we take
no steps whatsoever. That means --
COMMISSIONER FIALA: So in other words other fires (sic)
could go anyway as you try and reduce the budget in order to be able
to cover the expenses that no longer can be covered; is that what
you're --
MS. PRICE: There's only two ways to do it: We can raise taxes
or we can lower expenses. And the Isles of Capri budget is almost
exclusively salaries. There's only about $120,000 worth of operating
expenses, and that would not be enough to cover the deficit. So there
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would have to be some actions taken at the personnel level in order to
balance the budget without a tax increase in FY 15.
MR. OCHS: And that's at two mills.
MS. PRICE: That's leaving it at two mills.
COMMISSIONER FIALA: Okay, because that can't cover the
expenses anymore.
MS. PRICE: No, it's can't. Property values are going up a little
bit, but I don't think enough fast enough to make an impact without us
taking some steps.
COMMISSIONER FIALA: Okay. Now say for instance -- and
these are all just for instances, but it helps me to have better
information, and them too.
Say for instance after all of this going on and Capri decides no,
we don't want to do that -- no, let me back -- let's say East Naples
says, you know what, we don't want to do this. You guys asked us to
do this, we didn't ask you, we were sitting out here, you know, we
were doing our own thing and now you say -- East Naples says I don't
want to be a part of it anymore. What happens to Capri then if East
Naples pulls out altogether?
MS. PRICE: Pulls out of the management agreement?
COMMISSIONER FIALA: Yeah. Wonder if they don't want to
do that.
MS. PRICE: We would quickly hire firefighters and have to
regroup and restart our fire department. It would not be easy.
COMMISSIONER FIALA: Okay. So say for instance today
you wouldn't have to rehire because they're already working there,
right?
MS. PRICE: Today they're already working there.
COMMISSIONER FIALA: So you would just keep them. But
then you would -- if you would know right now that East Naples did
not want to do that, then you would have to raise the millage rate in
order to cover all the expenses, right?
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MS. PRICE: In FY 15.
COMMISSIONER FIALA: Okay. Okay. Because the millage
rate now, we're just going to lower it for next year. But you're talking
about the following year, right?
MS. PRICE: If we go with this agreement, we would lower it. If
we do not go with this agreement, we would leave it at two and that
would cover the budget for the next year. And the year after that we
would have to make some harder decisions.
COMMISSIONER FIALA: Now, we've heard what the
firefighters said. I don't blame them, I mean, I would want to stay on
my job too. I wouldn't want anybody -- even the fear of losing a job.
I mean, they don't know that they're going to be lost. You know,
they've said six are going to stay anyway, and it could be more than
that. So we've got three now that we're concerned with. And we don't
know that that's going to really happen.
What are the -- we haven't been hearing from the residents. Yes,
I've gotten letters. I've gotten a number of letters from residents. It's
not like I haven't. But, you know, they all feel with the emotion
charging so high they just want to sit back and see what's going to
happen.
Yes, I understand that they want to vote. How can we guarantee
that we're going to have an honest vote this time? We haven't had one
yet, even though we've been pushing for it for nearly two years. How
are we going to be assured that we're going to have a vote?
MS. PRICE: Commissioners, we haven't had a vote because we
haven't had something to vote on yet. We've never gotten to that point
where we had two options actually placed in front of us. This process
has been a long and very winding one, and it's taken a number of
twists. And at different twists generally one option has been available.
If we want to have a vote, there are a couple of ways that we can
do it: If we ask the Supervisor of Elections to help us, we can only go
to registered voters, but we could go to the property tax rolls, as I
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think Matt or somebody suggested. We could do that and we could
operate the vote ourselves.
If we do it that way I could certainly speak with the Supervisor of
Elections. And we now have two Board of County Commissioners
employees who used to work for the Supervisor of Elections who
could help us try to do the best we can to have a very straw survey
type vote and we could do the best we could to manage it with
numbered ballots, et cetera, but we wouldn't have the ability to make
sure there was no voter fraud that the Supervisor of Elections has.
COMMISSIONER FIALA: Now you wouldn't be including
Isles of Capri, because they're going. And, you know, I'm --
MS. PRICE: Fiddler's Creek.
COMMISSIONER FIALA: I'm sorry, Fiddler's Creek. They're
going and they should not be a part of this because they want out.
And I can't blame them, they don't want to pay the higher tax. Now,
maybe Capri people don't mind doing that, you know.
And of course the firefighters have said they'd even said take a
reduction. Well, they could never take enough reduction in their pay
to cover all of the expenses that will be incurred. There's just -- I
mean, they wouldn't get a pay and that's not fair either. Although as
they've said, you know, at least six of them will be rehired and
possibly more. Possibly all nine.
Nobody can deny that nobody wants change. Nobody wants
change. I mean, when we're comfortable with something, why do we
want to change it? In this case though, it just happens to be broken,
and there's the reason that we're even talking about it in the first place.
COMMISSIONER HENNING: May I make a suggestion --
COMMISSIONER FIALA: Sure.
COMMISSIONER HENNING: -- Commissioner Fiala?
COMMISSIONER FIALA: Sure.
COMMISSIONER HENNING: You can get both what you
want.
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September 10, 2013
COMMISSIONER FIALA: Okay.
COMMISSIONER HENNING: If you want a consensus from
the citizens, whether it be the voters within the fire district or the
residents within the fire district, we can do that prior the legislators
making their decision.
However, I want to correct one thing. You wasn't want to
dismiss Fiddler's Creek because they're -- to my knowledge there's no
language annexing them out. They have stated it but there is no
language for the legislators to consider.
COMMISSIONER FIALA: That won't be till May, right?
COMMISSIONER HENNING: April we would know that.
So here's what I -- if that's what you want is a consensus from
your constituents in that fire district, approve this item with
conditions: A, that the fire district, the MSTU pay for the survey.
That would be only fair. Direct staff to keep the millage at the same
for this year. Allow East Naples to continue managing it for a year.
And if the residents say no, we don't want to go to East Naples, then it
gives us a year to regroup and figure out how we want to manage that.
COMMISSIONER FIALA: You know, that's really fair.
COMMISSIONER HENNING: And another thing, if they say
yes, we want to annex into East Naples, you're not slowing anything
down.
COMMISSIONER FIALA: Right. And this way they'll even
have an opportunity to see what it's like being managed by the East
Naples Fire. They would actually have, I would guess, a more
knowledgeable point of view once they're managed by East Naples
whether they want to merge or not.
CHAIRWOMAN HILLER: So can I ask for clarification on
that?
Are you suggesting that -- let's go back to this list. If you keep
the millage the same and you have this interlocal agreement, the
staffing is not going to change at all for this year, that's number one.
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Number two, the engine will stay because there's no reason for it to
leave since you simply have an interlocal agreement and Isles of Capri
as a fire district --
COMMISSIONER FIALA: Let's hear what Leo and Len have to
say. I'm sorry to interrupt but, you know, they're talking and I couldn't
figure out which --
CHAIRWOMAN HILLER: Sure, go ahead.
MR. OCHS: No, we're following along. I think we understand
where you're going.
CHAIRWOMAN HILLER: So again, if you keep the millage at
two, you keep all the firefighters in their current position, you keep the
engine servicing the Isle -- in other words, the backup engine stays
where it is. The ISO rating doesn't change because the number of
firefighters are staying and the ISO --
COMMISSIONER HENNING: Commissioner, this stuff is not
true information. What you're reading is not true information.
CHAIRWOMAN HILLER: I understand that's what you think,
but they think it is. But what you're --
COMMISSIONER HENNING: I know it for a fact and even
stated it on the record. And besides, people from the area contacted
the insurance rating agency and said the same thing. Okay? It's about
jobs, I understand that.
CHAIRWOMAN HILLER: But it's not about jobs. It's about
jobs, it's about level of service, it's about taxes, it's about what the
residents want. I mean, it's about a whole host of issues.
But again, your idea basically is to take the interlocal agreement,
leave the millage the same, leave the firefighters on staff for the
course of this year, leave the engine as the backup engine. You know,
more likely than not if that happens the ISO rating will not change.
And basically allow the East Naples Fire Department to manage what
is going to remain as an intact Isles of Capri Fire staffing --
COMMISSIONER FIALA: But vote.
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September 10, 2013
CHAIRWOMAN HILLER: -- and equipment. And then in the
meantime while this is going on and they see how they like working
for each other, start planning for a referendum ahead of the legislative
delegation taking it to Tallahassee.
Is that your proposal, if I understand it correctly?
COMMISSIONER HENNING: Somewhat. I mean, I don't
know if we can keep the staffing, even at two mills.
CHAIRWOMAN HILLER: Well, she just --
MS. PRICE: There's a couple of options here.
CHAIRWOMAN HILLER: You said you could.
MS. PRICE: We could keep the current staffing under -- with
the two mills. We could certainly talk to East Naples and see if they
would be willing to manage our staff.
CHAIRWOMAN HILLER: And that's essentially what this
proposal would --
MR. OCHS: No, ma'am. It would hire --
MS. PRICE: This new one, under what we were originally
proposing, it would be East Naples staff. Even if it was our people it
would be East Naples staff.
What I'm hearing is to ask East Naples to manage our staff.
CHAIRWOMAN HILLER: Exactly.
MS. PRICE: And I think that -- we're going to have to ask them
specifically that question.
CHAIRWOMAN HILLER: Right, to find a --
MS. PRICE: But I think we might be able to work that through.
COMMISSIONER FIALA: How much is it going to cost us?
MS. PRICE: I was just going to say, now we do not have
budgeted a cost. I've got the chiefs position budgeted. So perhaps
what we have budgeted for the chiefs position would be sufficient to
allow East Naples to provide that management.
Timing wise, I need to make sure I understand what you're
talking about. Because the legislators are going to start developing
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what they're going to bring forward starting in November or
December of this year. And once they bring it to Tallahassee, I think
they need to already know whether you want to support it or not. And
I'm hearing you say that you want to support it based on the vote. So
if the vote is no you don't want to support it and if the vote is yes, we
do. Which would require us to have a vote out and taken within the
next month; is that what I'm hearing?
COMMISSIONER HENNING: Similar. There's no reason why
you can't base the decisions, whether it be management of our
personnel or management of their personnel, based upon the input of
the citizens through a straw ballot. You see what I mean on the
interlocal?
MS. PRICE: Yes, except to say that once we've let our
firefighters go if they vote no, it is very hard for us to unscramble that
egg.
COMMISSIONER HENNING: No, here's what I'm saying is
once -- you keep status quo except for management until the straw
ballot. If the straw ballot is yes, then whatever becomes East Naples.
MS. PRICE: Then we further the interlocal agreement that we
brought you.
COMMISSIONER HENNING: Correct.
MS. PRICE: And if it's no, then we discontinue and speak to our
legislators and ask them not to further the legislation; is that what I'm
hearing?
COMMISSIONER HENNING: Right.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I'm not going to try to
address the merits of this argument right now, but I would like to at
least clearly identify the process. And I'll preface my comments by
saying that I am extremely disappointed with the lack of clarity in the
staffs presentation and response to this information. I would be
confused also if I were being presented with that kind of information.
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And it is absolutely essential, if we're going to have some vote of
any kind that makes sense, we have to have a very clear statement of
what's going to happen here. And very briefly, I will address some of
these issues so that both sides will understand why we need to solve
this problem before we go much further.
You're saying that the citizens would receive a reduction in
service. Would receive. Not maybe, not could, but would receive a
reduction in service. Because daily staffing would decrease from five
firefighters down to two. Well, I heard staff say it was two per shift.
That's six per day. So --
MS. PRICE: And I think they were talking about per shift here
as well.
COMMISSIONER COYLE: Well, see, do they have 15 now and
you're going to reduce it to six? You see, it gets very confusing in
how you deal with that.
You say that citizens would lose a truck. That's not certain. And
it's not certain they would keep it, okay. We need to get that worked
out.
Citizens would have an ISO increase and result in an increase of
500 to $1,000 for a $300,000 home. How do you reach that
conclusion unless you know which ISO classification you're going to
move to? You can't calculate a cost without knowing what the ISO
certification number is.
So the statement is not entirely true, but we haven't been able to
provide specific evidence to the contrary.
If it goes from a four to a five, what is the increase from going to
a four to a five? It certainly is not 500 to $1,000.
And you're going to lose firefighters with a combined experience
of over 90 years. That's true only if you don't have any firefighters
there at all. But there are going to be firefighters there, so you haven't
lost them. So we both have to be a lot clearer in our communication of
information if we're going to be able to get voters the right kind of
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information to make a decision. And that is a major challenge. And I
would hope at least we would try to resolve that very quickly in this
process or we'll just continue to have misinformation spread
throughout the community and nobody will know what to vote on.
But in any event, I would support the motion to at least give the
people the chance to express their opinion if you get the facts to them.
COMMISSIONER HENNING: Well, you can't stop the politics
from the special interest. Would you agree on that?
COMMISSIONER COYLE: No, there are special interests in
this process. We all know it. And we all know that it's going to -- the
people who are going to be hurt the most will be the firefighters and
they're the people who are going to fight the hardest to keep it.
But you turn it over to the people. It really is a very, very simple
problem. You have some people who don't want to be in the district.
You don't want to force them to stay there, so help them get out. Isles
of Capri wants their own fire department. Let them pay for it if they
want it, and it will go to 2.5 and three mills over time and keep rising.
And it will solve itself over time.
But if you don't want to do it that way, then the ballot is the most
logical way to do it. But we have -- in my opinion we have failed
miserably in getting the facts nailed down on both sides. And so it has
done a disservice to Commissioner Fiala because she has been trying
to get this resolved and we are very -- our staff is very hesitant in what
is really going to happen here. We're not really sure.
Well, we can't proceed on that basis. We've got to be really,
really sure about what's going to happen here. And we have to
communicate to the people.
COMMISSIONER FIALA: You hit the nail on the head. I
mean, everything you said was --
(Applause.)
COMMISSIONER FIALA: -- clear, succinct. You're absolutely
right.
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COMMISSIONER COYLE: I'm not running for reelection, by
the way.
COMMISSIONER FIALA: The information has been vague.
Not only from our own staff because they don't know for sure, but
from East Naples because they don't know for sure. We're guessing,
we're hoping, we want the best. And of course from these people too
because they don't know for sure. So everybody's speculating. But
without clear, clear information given, then what arises is this panic.
And if everybody is panicking, no, no, no, we're going to lose our
jobs, no, no, no, we're going to lose our fire engine, we're going to lose
our fire station, all of these things because there's nothing clear.
Now, I think Len, you've tried to be as clear as you could with
what information you have. If there's something out there that we
don't know and you do, I would suggest that you say it.
Same with East Naples Fire, all they can do is guess at what is
going to happen. How do they know for sure until the deal is
consummated? So there is a problem there. We all agree I think that
they need a vote, but we ought to give a deadline. You know, we have
to have the vote by say, I don't know, when will it benefit everybody
the most? By November 30th or by January 30th or by March 1st, but
never put that off anymore to another year.
MR. OCHS: Madam Chair, if I might. Commissioners, I suspect
that the local legislative delegation is going to look at your chair on
the 22nd of November when they hold the annual legislative agenda
meeting here and East Naples is on that agenda. Not only do you
know it, you told us to help them get there with their special act
amendment and they're going to look at the chair and say okay, here's
a proposal from East Naples Fire Control District to amend their
district boundaries to include what is now a MSTU fire district
operated by the Board of County Commissioners, what's your position
on that?
CHAIRWOMAN HILLER: So let's have an election on
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November the 8th. Because that gets it to the Board on November
12th, which allows us to make a decision ahead of our meeting with
the delegation which is the following week. There's your date.
MR. OCHS: That's fine. Then if that's the will of the Board, I
don't see any reason why we would proceed today with this
agreement. Even though --
CHAIRWOMAN HILLER: Right, because it's so close.
MR. OCHS: Even though it did -- and there are some things
unanswered. But the bottom line is that we can tell the district what
was being proposed, it was to provide them the same level of fire
service for a half a mill less than what they're paying now. And if
that's not clear, I'll take the blame for that, but I think that's been clear
right from the start.
COMMISSIONER FIALA: And so they do, they will have to
realize though that their millage rate stays the same, it does not drop.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Right, because --
CHAIRWOMAN HILLER: So for right now, what we're
proposing then, the motion will be to actually have -- the Board has to
decide what the wording for this ballot will be and we should decide
that at the next meeting.
MS. PRICE: And what type of election you're looking for.
CHAIRWOMAN HILLER: Right. What we'll do is have staff
come forward with options as to what type of election and ballot
wording.
COMMISSIONER FIALA: But we also have to decide who's
going to vote.
CHAIRWOMAN HILLER: Right.
COMMISSIONER FIALA: Is it --
MS. PRICE: That's what I mean when I say what type.
COMMISSIONER FIALA: -- or is it registered voters?
MS. PRICE: Exactly. That's exactly what I'm saying.
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COMMISSIONER FIALA: And who will -- now, will Fiddler's
also be involved in that vote? Because they're still a part of--
MS. PRICE: I think they should.
COMMISSIONER FIALA: -- this system.
MR. OCHS: Yes.
CHAIRWOMAN HILLER: Absolutely.
MS. PRICE: Irrespective of which direction we go, either the
property owners or the registered voters, but I believe that Fiddler's
Creek should have a say in this process.
CHAIRWOMAN HILLER: Right. So I'd like to make a motion
and the motion will be to have staff bring back at the next meeting --
we've got two speakers who want to speak, but I would like to make a
motion to have staff bring back to the next board meeting an outline of
who should vote, how -- you know, who should conduct the vote, how
that should be managed, you know, what the cost of that ballot
initiative will be, to target it for the November 8th -- let's target it for
November 8th, which is a Friday, and to further have staff work to
clarify all the questions that have been raised to come up with
definitive answers.
MS. PRICE: If I might --
MR. OCHS: We can't.
COMMISSIONER FIALA: You mean the petition.
MS. PRICE: -- our FEMA won't give us an answer until we're
actually asking them --
CHAIRWOMAN HILLER: Just do the following. If the rate
stays the same, will the insurance change, no. If the rate goes up, one,
what would be the change.
MS. PRICE: I can get that.
CHAIRWOMAN HILLER: If the rate goes up two what would
the change be.
MS. PRICE: I can get that information.
CHAIRWOMAN HILLER: Just inform -- you're absolutely
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right, we can't predict how it's going to change, but let them know if
there is a rate change, this would be the cost impact. We're not saying
that there will be a rate change.
MS. PRICE: I can do that.
CHAIRWOMAN HILLER: At least get those kind of specifics.
COMMISSIONER HENNING: Well, you had one speaker who
said it may go down.
CHAIRWOMAN HILLER: Yeah. And also look conversely to
the option, like do a range of plus one, minus one.
COMMISSIONER HENNING: I would say don't even get that
information, because there's just too much unknowns. So what, if you
say it's going to go from four to 10, that's not factual information that
it would. All you're doing is getting a price. Or if it goes from four to
one, what good is it going to do you to get that information? Because
it's all based on hearsay, feelings. It's based on feelings.
CHAIRWOMAN HILLER: Well, the rates are not based on
hearsay or feelings --
COMMISSIONER HENNING: No, no, it --
CHAIRWOMAN HILLER: -- they're based on what FEMA tells
us. What might happen is going to be a function of what ultimately
the decision is at the end of the day, and we don't know what that is.
But at least it gives -- and let me tell you why --
COMMISSIONER HENNING: There should be no factual basis
on somebody's information because it's hearsay.
CHAIRWOMAN HILLER: But no, no --
COMMISSIONER HENNING: It's hearsay that it's going to
even move.
CHAIRWOMAN HILLER: No, but that's exactly -- but the
thing is, is let me give you an example. If the rate move from -- let's
say the rating goes from a four to a five --
COMMISSIONER HENNING: It's going to go from four to
zero, I can tell you that right now.
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CHAIRWOMAN HILLER: It doesn't matter. Can I make my
point, please? Really, it's just unreasonable to talk back like that.
So if for example it turns out that the cost difference is de
minimis, people might not be as worried. If the rating goes from a
four to a five and the impact is very small, $12.00 and people don't
have to worry -- if it's a very large amount then it's something that
they're going to be looking at with a greater level of scrutiny. It's just
information, and information can never hurt.
MS. PRICE: I will get that information for you.
COMMISSIONER HENNING: Why don't you get them the
information what it's going to cost them if Fiddler's Creek pulls out?
CHAIRWOMAN HILLER: That's very important information.
MS. PRICE: Well, I think that is very important and I will bring
you that information, because --
COMMISSIONER HENNING: And how many firefighters are
going to lose --
MS. PRICE: -- because if we don't go to --
CHAIRWOMAN HILLER: Absolutely.
MS. PRICE: -- this interlocal, I believe that Fiddler's Creek is
going to -- if it doesn't happen the next time, it's going to happen the
time after that.
CHAIRWOMAN HILLER: And that is a very -- Commissioner
Henning is absolutely right. That is a very important question that has
to be asked and answered.
And what I would encourage, if the Commissioners have any
other questions regarding any information that they feel they need to
make the right information, if they can direct staff to get them that
information and bring it back to the Board, it certainly would be
invaluable.
So again, the direction is for staff to come back with a proposal
of, you know, how this ballot initiative will believe conducted, who
will be balloted, who will take care of the, you know, overseeing the
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ballot, who will pay for the ballot.
COMMISSIONER FIALA: And what the words will be.
CHAIRWOMAN HILLER: And what the wording on the ballot
will be. And then to provide answers to the questions that have been
answered in ambiguous fashion at this point in time.
MS. PRICE: Commissioners, I can work on all of that. With the
indulgence of the County Manager for some deadline extension, I can
try to bring that back to you at your next meeting.
CHAIRWOMAN HILLER: Yeah. Or the meeting after that. I
mean, it doesn't have to be at the September meeting, it could be the
first meeting in --
MS. PRICE: The sooner I bring it to you the sooner you can ask
me more questions so I'll have some time to bring it back again until
we get it right.
CHAIRWOMAN HILLER: What do you want to do? What's
your choice?
MR. OCHS: We'll bring it back the next meeting.
MS. PRICE: I will bring it back to you the next meeting. Like I
say, there are a lot of questions to be asked and answered here. And
part of the reason we've gotten to where we have been is that we've
been operating with artificial deadlines. You know, we've had
Fiddler's Creek saying, you know, you have to do this. So we've been
operating with artificial deadlines that have really detracted from our
ability to do full due diligence.
CHAIRWOMAN HILLER: Right.
MS. PRICE: I appreciate the time that you're giving us right
now, the time that you're giving them. This has been a very difficult
project.
CHAIRWOMAN HILLER: Well, you've done a great job
navigating through a very difficult situation, so --
(Applause.)
CHAIRWOMAN HILLER: -- we commend you for that. And
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we thank you for like holding the line and keeping things moving
forward, notwithstanding, you know, all the various parties involved.
And at end of the day everybody has the right intentions and it's
just a question of figuring out how to get there in the best possible way
so everyone's considered.
Commissioner Nance has been so patient. We have to have give
him the opportunity to speak.
Do I have a second, though, on the motion I made?
COMMISSIONER FIALA: I wasn't quite sure what all --
CHAIRWOMAN HILLER: You know what? Let me just say
this. I did. County Manager -- and I'm sorry, because I'm just trying
to incorporate so much.
Would you mind just restating what the motion is, since you're
going to be doing it? Just tell us as a Board, you know, what you
would like as the clear direction so there's no ambiguity.
MR. OCHS: Okay, I'll give this a whirl.
First thing that the Board asked us to do is to prepare alternatives
for an election in the Isles of Capri MSTU district so the voters can
cast a ballot, either the voters or the property owners, depending upon
which option the Board determines.
We'll also maintain at your public hearing next Thursday evening
the current two mill millage in the Isles of Capri district. That will
allow the staff to maintain status quo operation without any
management agreement for the time being.
And what else am I forgetting?
MS. PRICE: The ballot language.
MR. OCHS: The ballot language will be part of the --
MS. PRICE: The ISO information.
CHAIRWOMAN HILLER: You're going to --
MR. OCHS: -- which will be part of the --
CHAIRWOMAN HILLER: You're going to do everything
related to the ballot --
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September 10, 2013
MR. OCHS: Yes.
CHAIRWOMAN HILLER: -- and bring that information back to
us. You're going to maintain status quo at Isles of Capri, pending
what we're doing now. And you're going to answer the questions that
have been answered ambiguously at this point.
MS. PRICE: To the degree that we can.
MR. OCHS: To the best of our ability.
CHAIRWOMAN HILLER: To the best of your ability.
COMMISSIONER FIALA: For a November 8th ballot, right?
CHAIRWOMAN HILLER: Correct. Targeting November 8th
as election day.
MR. OCHS: I think the Board will firm that up when we bring
the options back.
CHAIRWOMAN HILLER: But that's when you develop your
proposal --
MR. OCHS: Yes.
CHAIRWOMAN HILLER: -- target, November 8th.
MR. OCHS: Absolutely. We'll --
CHAIRWOMAN HILLER: And thank goodness that Tim is on
board.
MR. KLATZKOW: And the item before you, do you want to
continue it, do you want to table it, do you want to just vote no on it?
CHAIRWOMAN HILLER: Well, I think in light of this, I think
we just vote no, and if we want to bring it back we can. Not as a
reconsideration, but just, you know, because we may want to modify
it.
COMMISSIONER HENNING: That's sending the wrong
message to East Naples Fire Department.
COMMISSIONER FIALA: Yeah, it is.
CHAIRWOMAN HILLER: No, it's not intended to.
COMMISSIONER HENNING: Then I'm going to make a
motion to table it.
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September 10, 2013
COMMISSIONER FIALA: Second that motion.
CHAIRWOMAN HILLER: Okay, we can table that.
So that's a second motion. So we have a motion to table what's
before us and we have a second.
Again, Commissioner Nance really wants to speak, so let him
speak and then we have two motions and we will vote on both of those
and then be done with this issue.
COMMISSIONER COYLE: And the court reporter needs a
break.
CHAIRWOMAN HILLER: Yes, we all do.
COMMISSIONER NANCE: Court reporter is getting ready to
slash her wrist here, is she not, Commissioner Coyle?
COMMISSIONER COYLE: I'm sorry?
COMMISSIONER NANCE: We may need to call first response
for our court reporter here.
CHAIRWOMAN HILLER: No, she's ready to slash mine. Don't
worry, it's --
COMMISSIONER NANCE: All right. So let me go on a little
bit of a diatribe here, and --
CHAIRWOMAN HILLER: Oh, no.
COMMISSIONER NANCE: -- just for the sake of discussion
I'm going to be the devil's advocate and wear the black hat for a
moment and let me tell you why.
I don't think the Board of County Commission is doing the right
thing by polling its citizens to let them organize first response. And I
think we're setting a little bit of a negative precedent here and we're
doing ourselves some damage.
CHAIRWOMAN HILLER: Before you go on --
COMMISSIONER NANCE: No, no, no, just let me talk for a
second. You've talked for an hour plus; is that right, Commissioner
Coyle?
COMMISSIONER COYLE: At least that.
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COMMISSIONER NANCE: I know.
CHAIRWOMAN HILLER: Hey, don't gang up.
COMMISSIONER NANCE: Let me get up on my soapbox. I've
been kind to you so far.
CHAIRWOMAN HILLER: You are.
COMMISSIONER NANCE: We have five independent fire
districts, two dependent fire districts, an EMS system that's run by the
county. What our citizens have told us clearly is two things: First and
foremost is they've told us that they expect the very, very best in
emergency services and first response. And that is our responsibility
above all, to provide them with. And we're trying to craft a
mechanism to do that. We're not in charge of the bulk of fire service
in Collier County, our independent fire districts are. And some of
them are making an attempt, with our support and with our
encouragement, to help us craft a coordinated system.
We've got 300,000 people in Collier County and we've got all
these first responder combinations of services, millage rates,
everybody that shows up in a different truck and do different things.
Some can transport, some that can't transport; some can administer
drugs, some can't. We don't know. We had some conversations today
where nobody even knows who can do what. That's part of the
problem. At the end of the day, that's going to cause people to die.
That's a bad thing, okay.
So it's wonderful to have local control and to feel good, and
everybody wishes we lived in Mayberry. But we have a responsibility
here to move our 300,000 citizens to a coordinated, efficient and best
possible system.
There are cities up north that have three or four million people
and have one fire chief. We could fill up half this room with fire chiefs
and assistant chiefs in Collier County.
So I'm not blaming anyone, I'm not saying it's anybody's fault,
but what I'm saying is I don't think we should retrograde and go and
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ask our citizens tell us how your first response should be structured. I
don't think they're prepared to do that.
I tell you what they want: When they pick up 9-1-1 they want
somebody to get there as quick as possible.
In my district, I represent the outlying districts; Mayor Hamilton
and the City of Everglades and the communities of Chokoloskee are
out there.
In District 2 we have a fire district that has a millage rate of one
and they probably have a response time of five minutes. They're
pretty good.
Out east where I live there are citizens that have a millage rate of
over three and hope somebody can get there in 20 minutes. That's
unacceptable to me, okay, we have to have do better than that. Those
people out there are not second class citizens. And I'm afraid if we
segment our services to small communities and with all the benefits
and comfort that that provides, that we are going to cost lives at the
end of the day.
So I am supportive of this Board encouraging the fire districts to
work on a more coordinated system. If you want to call that
consolidation, that's fine. I don't want to be a factor in that. I want
those first responders to determine how that needs to be done. But
they can't do it if we don't support them.
And I think polls are great among the citizens but I'll tell you
what, I ask my citizens all the time that talk about the rate of fire
protection and everything else. I said okay, if your mother falls and
breaks her hip or you have a child and you need to call 9-1-1, do you
want the person that knocks on the door to be the low bidder? I've
never had anybody tell me yes.
So people will leave a fire district because the millage is high.
They'll do it frivolously. They're doing it in districts out where I am.
They'll change their mind on a whim. But what they all want is they
all want the best service. I don't need to call for an election to figure
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that out. And I don't think by continuing to segment our service that
we are going to end up with the best.
So, you know, I wish we could move forward with this. I don't
think taking anymore polls is going to be productive. All it's going to
do is encourage all the neighborhoods to figure out that they want all
want their own fire department and people that they know. And God
bless them, I wish that was possible. But that's not the best thing for
us, it's not the best thing for you either.
CHAIRWOMAN HILLER: If I may respond. You know, I
really appreciate you sharing your thoughts, but I do have to correct
you. All the independent fire districts were created by the vote. And
the legislature has very clearly provided that if there is consolidation
to occur, that's also going to occur by way of vote. So, you know,
these districts that are independent fire districts were created by vote
of the citizenry.
COMMISSIONER NANCE: I agree.
CHAIRWOMAN HILLER: And we're not going to change that.
So saying that a vote is not a good thing is not -- or that we shouldn't
do it because it's regressive or not the -- the people don't know how to
make a choice for themselves isn't really true.
So I feel very strongly that moving forward on the two motions
we have, one with respect to the vote and one with respect to tabling
this, is the right approach and is in the best interest of the citizens.
And I think at this point I'd like to call the question on both.
COMMISSIONER FIALA: First, on the tabling, and we could
vote on that quickly. And then I have one last question.
CHAIRWOMAN HILLER: That's fine.
COMMISSIONER FIALA: Okay, just about information shared
with the community so they can vote.
And my question is pretty simply. Say for instance the
community wanted to vote to stay their own fire department, their own
emergency response team. We need to give them information about
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how much it's going to cost them in order to preserve that.
CHAIRWOMAN HILLER: Absolutely.
(Applause.)
CHAIRWOMAN HILLER: And that is absolutely correct. And
Commissioner Fiala is right. Ms. Neuhaus, or maybe it was -- what's
her name?
COMMISSIONER FIALA: Neuhaus.
CHAIRWOMAN HILLER: Neuhaus. I think it was Ms.
Neuhaus or maybe the other gentleman or one of the other gentlemen
mentioned that, you know, no financial disclosure was provided. And
it's absolutely critical. We need the financial disclosure on all the
angles so an informed decision can be made, both by the Board as
well as the citizenry. You're absolutely right, Commissioner Fiala.
So with that I'm going to call the first question which is the
motion to table what is before us right now with respect to this
interlocal agreement.
COMMISSIONER FIALA: It's been motioned and second. All
in favor?
COMMISSIONER HENNING: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
The next is the motion with respect to having staff bring back the
information on the ballots and the questions -- the answers to the
questions. We have a motion and a second.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
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September 10, 2013
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Okay, with that, the court reporter -- will you please forgive me
-- can now take an hour break and we'll be back to address the next
item on the agenda.
(Luncheon recess.)
CHAIRWOMAN HILLER: County Manager?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: May I?
MR. OCHS: Sure.
CHAIRWOMAN HILLER: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: Welcome back.
COMMISSIONER FIALA: Thank you. Do you have candy or
anything?
CHAIRWOMAN HILLER: I believe the County Manager has a
steady supply of chocolate for us, the last I heard.
MR. OCHS: Thanks to Mrs. Brock, yes, ma'am.
CHAIRWOMAN HILLER: Yes, we are very grateful.
MR. OCHS: Commissioner, would you like to take Item 11.G,
since Mayor Hamilton is here I believe to speak on that item, in
consideration of his time?
CHAIRWOMAN HILLER: Yes, please.
Item #11G
APPROVE CHANGE ORDER NO. 1, CONTRACT #11-5639 IN
THE AMOUNT OF $68,500 WITH TY LIN INTERNATIONAL,
FOR "DESIGN & RELATED SERVICES FOR THE
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REPLACEMENT OF THE CR29 BRIDGE (#030161) OVER
CHOKOLOSKEE BAY" (PROJECT NO. 66066) — APPROVED
MR. OCHS: Again, that item is 11.G on your agenda. It was
previously Item 16.A.48. And it was brought forward to the regular
agenda at Commissioner Henning's request.
This is a recommendation to approve Change Order Number 1 to
Contract #11-5639 in the amount of$68,500 with TY Lin
International for design and related services for the replacement of
County Road 29 Bridge over Chokoloskee Bay.
And Ms. Marlene Messam, your Senior Project Engineer, will
present.
CHAIRWOMAN HILLER: Commissioner Henning, would you
like a presentation or would you like to just raise your concerns?
COMMISSIONER HENNING: Yeah, Marlene did a great job of
explaining the issue. And what I see is it's a capital replacement with
this change order, now it's a recreational component added to it, and
adding 10 to 12 percent more than what we have, what was proposed
by the contractor.
And this bridge is supposed to -- this new design is supposed to
be a 50-year bridge, Marlene?
MS. MESSAM: Good afternoon. For the record, Marlene
Messam with the Transportation Engineering Department. Good
afternoon, Commissioners.
Actually, we are predicting that this bridge will be 100-year life,
not 50. In the past back 50 years ago bridges weren't designed for
that, but now with better design standards, we're getting a lot more life
out of our bridges.
COMMISSIONER HENNING: Okay. And it's my
understanding this change order was due to the public input to raise
the bridge to get under it and put in parking for people so they can go
out there and fish.
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MS. MESSAM: Well, that's just one part of the issue,
Commissioner, with the raising the bridge. And can I take a moment
to show you a table that I have prepared to address some of our design
concerns?
COMMISSIONER HENNING: Okay.
MS. MESSAM: Okay. So I'm not going to go through the whole
power point slide show then just to get to your specific question. But
what I would like to say is that we have been looking at ways to
balance the cost of this project with a more efficient design.
Now, at 30 percent the cost of the project came in at $4.1 million.
And most of that cost -- well a large share of that cost was due to the
way we were planning to maintain traffic. We were planning to use a
modular bridge to continue traffic while the existing bridge is
completely demolished. So we looked at the cost of that.
We also looked at what it would cost for a phased construction.
And by that I mean if we did away with the modular bridge concept
and we demolished the bridge half at a time, maintaining one lane,
then we could save $800,000 by eliminating the modular concept. So
we said to our designers, okay, let's go back and look at that.
We also looked at some of the design criteria. At the 30 percent
design, the designers had designed for a 45 mile an hour speed design
limit, speed limit. Well, it did not support the traffic study that was
done which showed that the 85th percentile speed was 55 miles an
hour. So we said okay, show us a design that is going to use the 55
mile an hour design speed, and what came back was that now the
project cost $25 million. Because what happens is as the vertical and
horizontal features of the project were expanded, we were chasing the
roadway back 2,000 feet.
So this now is not only becoming a bridge project, it's also
becoming a roadway project. And we said okay, we need to -- just
trying to manage the cost of this project.
So what we have now in design is a hybrid design where we're
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keeping the horizontal features at 55 miles an hour while we're
keeping the vertical features at 45 miles an hour.
But the one thing that that still did not address is the clearance.
And that's the table I want to get to.
COMMISSIONER HENNING: Okay, let me ask you a question
on your last comment. What is the posted speed limit now on
Chokoloskee Boulevard?
MS. MESSAM: Chokoloskee. It's Copeland Avenue. That's the
roadway that goes over the bridge, it's Copeland Avenue, which is
also CR 29.
The posted speed limit is 45 miles an hour. But again, when we
looked into the design, even the existing features, they are not to
standard. So if we were going to do a project, we have to bring all the
features up to current standard. And not only were we trying to do
that, we were trying to also not impact those sensitive environmental
areas down there. As you know, there are a lot of mangroves in that
area. So --
COMMISSIONER HENNING: Thank you.
MS. MESSAM: Let's go -- I want you to take a look at this table
here. And what you see here are the clearance requirements that a
new bridge will have to meet.
On your far right you have the criteria, debris, both navigation,
splash zone, wave crest, Coast Guard criteria.
Now, on your far right, the numbers that are in red are the criteria
that we are not meeting.
So with the current clearance we have now with our design,
which is only about three-quarters of a feet higher than our existing
bridge, we couldn't meet debris clearance, we could not meet the
splash zone clearance, and we certainly could not meet the wave crest
clearance.
COMMISSIONER HENNING: Is this what the design is going
to be, design clearance?
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September 10, 2013
MS. MESSAM: If we do nothing.
COMMISSIONER HENNING: If we do nothing.
MS. MESSAM: Correct.
Now, when we went to the public meeting back in May, a
majority of the stakeholders were concerned with the clearance.
When we showed them what the project was and that we were only
going to be raising the bridge a minimal amount, you know, over the
existing bridge, they were very concerned about that.
COMMISSIONER HENNING: About a three-and-a-half.
Okay, the existing bridge is 12.67 clearance feet. What is --
MS. MESSAM: Okay. I'm sorry, let me go and take you
through the chart. Let's take it criteria by criteria.
Let's start with the first one, debris. The governing standard we
have to meet there is design flood stage and that governing elevation is
8.7. Now, we need to go two feet above that elevation from the
minimum -- from the low member elevation in order to meet that. So
8.72, you need to be at 10.7.
The design at 30 percent, we were at nine feet. So that means we
were deficient in the debris clearance by 1.7 feet. So that's an
example. And that's how the other roads are explainable.
Are you with me so far, Commissioner?
COMMISSIONER HENNING: Well, my only question is, what
is the clearance now versus what it was designed, forgetting --
MS. MESSAM: Okay, let me go to the next chart here. Because
what we asked the designers then to do was to give us that
comparison.
If the existing clearance, how much is it going to cost to
incrementally raise the bridge. So existing, high clearance elevation,
eight feet.
COMMISSIONER HENNING: Okay.
MS. MESSAM: The proposed, the design that we have now, we
are at 8.7. So that was the .76 feet I talked about. That's what we
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showed to the public and they said no way, you need to make the
bridge higher.
In support of a higher bridge was also the Ochopee Fire
Department, because they also told us they had a fire boat that they
couldn't get under the existing bridge, and that what we were going to
be constructing, if we did nothing, that would still be a hindrance to
them.
So we asked the designers then let's look at some height
comparisons. And so alternate one profile, if we raised the bridge
2.74 feet, making the height clearance 10.74, we're looking at a cost,
all the associated costs, of$433,750, and so on and so forth.
So now -- yes, these are costs that are over and above what the
current design is. The construction currently cost that we have is 3.4
million. So these costs would be in addition to that. So --
COMMISSIONER HENNING: And what are you proposing?
MS. MESSAM: We are proposing to look at alternative number
two. What that would do for us then is we would satisfy the debris
clearance requirement. We will also be satisfying from a public
benefit standpoint for the public to be able to use the bridge on a
recreational basis.
We also would like to provide our current design. We were
going to get rid of the seawalls and currently they use the seawalls to
fish from and, you know, sightsee and they park along the bridge now.
And this new footprint would eliminate that. It would have eliminated
all that.
So in consideration of these public benefits and meeting the
design, making a more efficient design, we said staff is considering
not only raising the bridge, but providing some of these features that
were enjoyed by the local people there and the tourists.
COMMISSIONER HENNING: Okay. Well, I'm feeling a lot
more comfortable with it, the way you explained it. But the way the
executive summary is laid out, it appeared that it's being driven by
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wants instead of we got a bunch of needs out there just besides
bridges. So --
CHAIRWOMAN HILLER: Well, Commissioner Henning,
you're right, you're right, okay. Let me just interrupt you for a minute
and say you're absolutely right. Because in part there is a need, in part
there are wants. Because if you look at this cost schedule here, it's
somewhat concerning.
What they have done is they have added these permanent,
temporary and barrier walls which have nothing to do with the bridge
elevation. And if you look at the total cost, you've got 200 plus 42
plus 87 so that's like 130 (sic), so 330,000 is related to wants and
about 100,000 is related to the need of elevating the bridge.
So in terms of your concern, you do have justification in
addressing the wants over the needs.
COMMISSIONER HENNING: Well, it's not quite what I see,
but --
CHAIRWOMAN HILLER: Then clan you clarify that?
Because I'm looking at these numbers and it doesn't -- I mean, these
walls have nothing to do with the bridge elevation.
MS. MESSAM: Okay, you will notice -- when you look at this
chart you will notice under proposed profile, 60 percent design. As
you go down that column, you'll notice that the cost of permanent wall
has zero. It doesn't mean there are no permanent walls in the current
design. It means that if we change the geometry, we would have to
spend an additional 200,000 more.
CHAIRWOMAN HILLER: But let me ask --
MS. MESSAM: So these are additional costs. It doesn't mean
that these features do not exist now.
CHAIRWOMAN HILLER: Okay, but these changes -- because
when I add up the numbers, they don't come up to 433. It would
appear that the cost related to the change in clearance is the difference
between the 242 and 87 and the 433, which is about 130,000,
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approximately. You don't have the cost spelled out. This doesn't add
up.
MS. MESSAM: Ma'am, I'm pointing out that if you change the
profile of the bridge, you will have to design for additional costs of the
walls, you will need longer walls, you would need more temporary
walls, you would need a longer barrier wall. And the cost -- of course
piling is not included because you're not change the piling, so to
speak. So I am just -- these are the costs associated with raising the
bridge.
CHAIRWOMAN HILLER: Commissioner Fiala?
MS. MESSAM: So it's all the clearance costs.
COMMISSIONER HENNING: Commissioner Hiller, what I see
is alternate profile number one.
CHAIRWOMAN HILLER: Right.
COMMISSIONER HENNING: We have to do that. Is that
correct, Marlene?
MS. MESSAM: No, we are looking at choosing alternate profile
number two. That would satisfy --
COMMISSIONER HENNING: That isn't my question.
MS. MESSAM: Okay.
COMMISSIONER HENNING: You say that we have to by
government regulations to do alternate profile number one.
MS. MESSAM: No, we have to do -- the current design is
proposed profile 60 percent design. That's what the current design is.
COMMISSIONER HENNING: What's profile number one then?
MS. MESSAM: It's just an option. We were looking at
incrementally, what are the costs associated -- what are we going to
get at 2.74, what will we get at 3.36 feet, what will we get at 5.75. So
these are the options that we looked at. If we raised it 2.74 feet, what
does it get us? Are we meeting debris at that point? Are we meeting
splash zone, are we meeting wave crest? So no, that didn't answer the
question. We looked at 3.6.
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Okay, so now we're doing the debris clearance, we've met that
criteria now. And if we go further higher we're going to meet some of
those criteria that we weren't able to meet with the current design. So
these are the options we're looking at.
COMMISSIONER HENNING: Okay, I misunderstood then.
So what would be the minimum cost to construct the bridge?
MS. MESSAM: 3.4 million.
COMMISSIONER HENNING: With government regulations.
MS. MESSAM: $3.4 million.
COMMISSIONER HENNING: Okay, 3.4. And then you want
to add another --
MS. MESSAM: 483,000.
COMMISSIONER HENNING: 483.
MS. MESSAM: Okay.
COMMISSIONER HENNING: So I was correct. It did add a 10
percent or 12 percent.
MS. MESSAM: Yes. But you do gain some benefits in the
design in that we limit our risk. Even though we weren't going to
meet the splash zone, but with a higher bridge we minimize our risk of
a wave, you know, we get a major storm and the bridge being lifted
up. So that's what we're going for, Commissioner. We're trying to
make the best design that we possibly can.
COMMISSIONER HENNING: Okay, that wasn't in the
executive summary.
CHAIRWOMAN HILLER: No, it wasn't.
COMMISSIONER HENNING: I mean, I'm getting more and
more information to try to guide it.
MS. MESSAM: Well, sometimes it's hard to write an essay I
guess on two pages.
COMMISSIONER HENNING: I guess.
CHAIRWOMAN HILLER: Commissioner Fiala?
MR. AHMAD: Can I help a little bit on this?
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Commissioner, you're absolutely right. You could design a
bridge that is almost like the existing bridge without being a tire.
For the record, this is Jay Ahmad, Transportation Director,
Engineering Director.
You could design a bridge and construct a bridge at
three-and-a-half million dollars or so without these added costs.
During our public meeting, quite a few residents, it's not a need, they
feel that their boats can't cross from one point to another. This is an
opportunity to provide those facilities to be higher, the bridge higher.
Not much higher, about three feet or so, three-and-a-half feet higher
than the current bridge, which accommodates a lot of these smaller
boats. It's not going to accommodate a sailboat or a large boat.
But it is your option. If you tell us don't design for hire, just
replace the bridge and the current, we certainly will comply with that.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I like alternate
two, I think that's good.
I think that what we have, we're talking all about money. And
sometimes we get so carried away in the cost of things that we don't
think of the benefit of it. Nor of the future. You're talking about a
bridge for 100 years. This bridge already is obsolete in 50 years.
MS. MESSAM: Yes, it is.
COMMISSIONER FIALA: And not only that, but you're talking
about other benefits, such as property values will go up if people can
use their boats. Number two, fishing clubs, there's more and more
fishermen coming to town all the time and they're looking for new
places to fish. I think that's a great advantage to them. Even tourism.
Even tourism. Because this is going to affect all of them. And there's
a benefit to be derived.
And all we're talking about is a half a million bucks. I mean, it's
not like it's pennies. But when you amortize it over 100 years, it's
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practically nothing.
INVESTIGATOR AMBACH: That's the calculation in our
minds when we came up with this recommendation to you. One,
you'll have a higher bridge; it will accommodate the Okeechobee fire
boat. It will also (sic) has higher for debris. We had -- in Wilma and
Fay, we had scour. We spent over a half million dollars to repair this
bridge. And now we have higher -- it provides that additional
protection for debris and that's what Marlene was saying, debris
criteria which the existing bridge or the current design, they don't meet
the debris criteria for that.
COMMISSIONER FIALA: Great. Well, that would be my vote.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I appreciate Commissioner
Henning's concern over the dollars. You know, I'm glad he went
through there and the public was able to see what this is. But I think
the benefits are clear, both economically to the commercial and
recreational fishery.
The citizens that came to the public meetings spoke very clearly,
and they weren't asking for a gold plated product. They came with
serious requests regarding the fire boat -- regarding boat clearance.
And they also wanted the bridge to remain a destination. They weren't
asking for an enhancement, but they wanted to make sure that people
could continue as they have for years and years to enjoy fishing on the
shoulders of the bridge. And they weren't asking for anything
elaborate, they weren't asking for a walkway, they weren't asking for
any enhancement or anything else. They just wanted to make sure that
people could keep what they've gotten and what they've enjoyed for
years and years and years.
It's also valuable to note that I don't think there's any poss --
there's much possibility or there's a lot of environmental concern about
dredging to increase the depth through the bridge. So there's a lot of
concerns about this bridge.
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If you're going to travel from one side of Chokoloskee Island to
the other without going all the way around the darned thing, you
know, if you don't have the clearance and you don't have the draft and
everything else, pretty soon you're blocked off. And certainly with
sea level rise and additional storms, I certainly hope the Commission
will consider this as a 100-year structure.
The folks down there don't ask for a lot but this is -- you know,
this is pretty much a permanent fixture for everybody in this room,
unless Mayor Hamilton's feeling especially healthy, maybe he'll see
that 101st year. But I hope the Board will consider these additions as
something that's a good return on investment.
CHAIRWOMAN HILLER: Can I see the previous chart, please.
Go back to the chart that was presented.
I really have a problem with this presentation. Mr. Casalanguida,
would you mind coming up to the dais. Because, I mean, this is really
your executive summary, regardless of who prepared it in the
inception.
You know, when I read the recommendation, the
recommendation provided that we needed to pay another $68,500 for
design related services for this bridge.
It was not made clear that there was a need or a want that would
result in a basically 15 percent project cost increase. The presentation
slide that was explained ahead of this slide that's now on the overhead
shows that the elevation to conform with law would, in order to satisfy
the wave crest issue, would have to be an additional five feet. And yet
in your alternative proposals you're coming back and you're saying
you only need 3.6. Then you're saying that this design was done to
accommodate additional boats and that this was elevated so certain
boats could go through.
I'm really concerned about what's really being proposed here. If
you go back, if you go back to the schedule, you're opting for 3.36
when as a matter of requirement you have to have five for whatever
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that wave crest issue is?
MR. CASALANGUIDA: No, ma'am. And I met with my staff
probably four times on this project, because I scrutinized it as well too,
take me through it. And I sat with Marlene how many times, two or
three mornings to go through it, so I'm well aware of what they're
asking for.
We value construction costs versus improvements. So the first
time it came through -- when a change order comes through, I sign
them off. And they will tell you, I have a little meeting and say
explain to me the change order, why are we doing that.
It's not a matter of law. You can replace that existing bridge as it
sits right now with that additional .76 feet and you'll comply with the
minimum requirements. These are all guidelines that they'll say to
you, if you're going to replace an existing bridge, look for these
guidelines to meet additional criteria.
And Marlene pointed out to me the splash zones and the wave
zones. You know, she's frugal as much as anybody is. And I think
when she went through original design she said I'm going to go look at
replacing the existing bridge. I'll meet the minimum criteria and it
will be X dollars.
And when the public meetings were held and she brought me
back the change order I said, so these aren't required by law. She said,
no, the citizens asked for it, the fire district asked for it but we get
additional benefits. We get a bridge that meets the minimal splash
zone requirement, we get a bridge that at some point in time if we
have a storm the wave height clearance will be met. So --
CHAIRWOMAN HILLER: So we don't need those.
MR. CASALANGUIDA: They're not required by law, if that's
your question. The answer is no.
CHAIRWOMAN HILLER: No, wait. Are they required to build
a bridge? I mean, do you have to have certain criteria? I mean, there's
the legal issue of what's required, but do you -- you know, when you
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build a bridge do you have to satisfy these requirements?
MR. CASALANGUIDA: On a replacement bridge they're a lot
more lenient and you don't have to satisfy them, it's not required by
law. If you're building a brand new bridge they tend to kind of stick to
these criteria as exemptions, you have to apply for exemptions.
So right now we could go with the proposed design at 60 percent
and not do these other additions and we'd be fine with the law. But
that's not the issue here. The issue is when they presented to me the
value added based on the comments from the citizens and what we
would get out of it, I did sign the change order. I thought it was a
good value added proposal to this bridge. And I had that discussion
with the County Manager as well as too, because he scrutinized it as
well.
CHAIRWOMAN HILLER: Then I would ask that the manner in
which the executive summaries are written on issues like this define
what you have just said. I mean, if you reviewed it and if you knew
this to be the case, that all should have been in the executive summary,
and then Commissioner Henning would never have raised the
question.
And in the summary on the agenda for the benefit of the public
where you've got 68.5 as the additional cost, well obviously that's not
the case, it's an additional, you know, half a million dollars if you look
at the impact on the project.
And I'm assuming we're not approving the increase in the project
cost today.
MR. CASALANGUIDA: No, that would go out to bid.
CHAIRWOMAN HILLER: You're going to come back with that
after you finish the design and you're going to come back --
MR. CASALANGUIDA: Yes, ma'am.
CHAIRWOMAN HILLER: -- with the budget for the project.
Nonetheless, we still have to know what the financial
implications of design modifications are when we make these
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decisions.
So if you would -- I mean, if you don't mind, Leo, I just think it's
so unclear.
MR. CASALANGUIDA: The County Manager is ahead of you,
because he did state that to me as well.
CHAIRWOMAN HILLER: Did you feel the same thing?
MR. OCHS: Yeah, it's in the executive summary, but it should
have in my view probably been in the fiscal impact. There is a
provision in the --
CHAIRWOMAN HILLER: Right.
MR. OCHS: -- body of the summary that says these items --
CHAIRWOMAN HILLER: Exactly.
MR. OCHS: -- could potentially increase the cost of the project
between a half million and 750. As it turns out, it's below the
minimum of the range --
CHAIRWOMAN HILLER: But it's just not here.
MR. OCHS: -- at least that's our -- yeah, we should have
packaged that better inside the fiscal impact. But it is in the executive
summary, ma'am.
CHAIRWOMAN HILLER: Yeah, because, you know, my
concern is, is when I look at that wave elevation or whatever you want
to call it and I see that that's supposed to be five and you're proposing
three and then I look at 5.75 and five doesn't even show up, I'm
starting to ask myself, you know, are we doing the right thing and for
what reason, you know, given that you've established wave -- you
know, design wave crest should be at five and yet we're not even --
we're ignoring that completely and just going to 3.6. So it begs the
question why.
MR. OCHS: I think there's some element of managing the risk to
the cost and benefit --
CHAIRWOMAN HILLER: Right, of course. But I just -- that
needs to be explained so we don't have to ask the question. Because
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then it just eliminates any doubt and makes it clear and it wouldn't
have been brought forward today.
MR. CASALANGUIDA: Your points are all well taken. I think
-- when I met with Commissioner Henning he made that clear as well
too. We'll do a better job --
CHAIRWOMAN HILLER: Yeah, it would just really help us to
simplify, you know, the discussion if we have the --
MR. CASALANGUIDA: Understood.
CHAIRWOMAN HILLER: -- criteria clearly defined and the
outlining fiscal impact more clearly expressed.
MR. CASALANGUIDA: Crystal clear, ma'am.
CHAIRWOMAN HILLER: Thank you so much.
MR. CASALANGUIDA: You're welcome.
COMMISSIONER NANCE: Do we want to hear from Mr.
Mayor?
CHAIRWOMAN HILLER: Yeah, do we have a --
MR. MILLER: Yes, Mayor Hamilton is your registered speaker.
Would you like to hear from him now?
CHAIRWOMAN HILLER: Yeah, that would be great.
MR. MILLER: Mayor Hamilton?
MAYOR HAMILTON: Yes, thank you. Good afternoon. I
want to thank you, Commissioners and Ms. Chairperson.
And as Donna said, really, there is a lot of issues here on the
raising the bridge. Right now it's really unsafe for people that's fishing
off the bridge, that's one thing. Has nothing to do with the height, but
I want to get into that too.
But the people fishing off the bridge now and all these boats are
going under it, especially our sight-seeing boats going under there, 49
people on every one of them, and they will not move over. One guy
almost lost his eye about two weeks ago.
So we do need that part taken care of too. And I really appreciate
that, I really do that.
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But on the height, we really need that for a lot of reasons. You
do have the fire boat setting there. It's not late -- the Sheriffs
Department out on the highway, you know, like they can turn the light
on and go as fast as they want to get to the wreck, but the fire boat
where it sat right in the middle of the city -- not air boats, by the way.
I want to correct that. Air boats are not allowed in the national park
and they don't go under the bridge. But anyway, they do come out
better than rubber. And that's where the fire boat is.
So if the fire boat has a problem with a house burning down on
Plantation Island and somebody's hurt real bad or whatever, they got
to go very slow and idle. It will take them one hour at least, 45
minutes to an hour, to get over there. And then there'd be a lot of
problems.
But then that way if the bridge was high enough, I don't like to
bring the park into this, but also too, the national park has these boats
higher too. They cannot get under it for safety reasons if they're in the
back country and all.
But really over a lot of reasons. I believe in safety first but also
too, our little town does need all the help it can get. And actually the
economy would be a lot better if bigger boats get on there, the house
development and all. On Plantation Island, they need all the help, the
surrounding area. They call me their mayor too, which I with Tim help
take care of.
And I appreciate everything you all have always done for me and
the city. You've been very good to me and our city. But we really do,
for safety and really for the economy for Everglades City and the
surrounding area, we actually need that bridge to be higher. It should
be actually 10 feet high above high mean tide.
CHAIRWOMAN HILLER: And what will it be now?
MAYOR HAMILTON: I would like to -- never mind, go ahead.
CHAIRWOMAN HILLER: What is it now? With this change in
design, will it be over high mean tide?
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MS. MESSAM: 11.36.
CHAIRWOMAN HILLER: So it's actually going to be over
what you need.
MAYOR HAMILTON: Right.
MS. MESSAM: Well, actually --
MAYOR HAMILTON: You know, like I was talking to Leo,
you know, I don't get in the engineer talk because I'm not an engineer,
you know, so I'm going to use a -- and I'm going to leave it at that and
I won't take up much -- no more of your time. But I want to thank you
again for everything.
But the old saying is, we like to have the bridge higher than when
the full moon and winds out of southeast, southwest for about a week,
and that's when you've got the highest tide. So that's the way I come
back and figure out it should be 10 feet high. Okay? I want to thank
you, and thank you very much.
CHAIRWOMAN HILLER: Thank you, sir.
MS. MESSAM: I need to correct that statement. It's not 11 feet
above mean tide. The 11 feet is just the elevation at low member. I
don't have that information right now.
COMMISSIONER NANCE: It's not very high.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: There's no fishing off the bridge
right now. Not supposed to.
MAYOR HAMILTON: Yes, there is.
COMMISSIONER HENNING: There is? Can we change that?
MAYOR HAMILTON: Kind I just --just for safety.
COMMISSIONER HENNING: Yeah, please correct me.
MAYOR HAMILTON: Just for safety. I wouldn't do this no
other time, promise.
They are fishing off the bridge. I have not -- I've been very busy,
and --
COMMISSIONER HENNING: There's no sign posted?
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MAYOR HAMILTON: There's no -- it used to be. There's not
any posted anymore. And there's going to be a very bad accident.
The boats in the wintertime -- well, you know that, you've been there.
Steady going under there. And they will not move over. They're not
going to take their -- and then if you hook on their rod, their line, pull
the reel in, you've got a fight going on.
So really, seriously, that should be taken care of. And there
should be some signs put up. And that will be the last I'll say.
COMMISSIONER HENNING: I mean, this is a bridge
replacement now, is also becoming a recreational.
MAYOR HAMILTON: Yes.
COMMISSIONER HENNING: And I'll support it but I'm going
to support other citizens' recommendations on your projects, okay?
MS. MESSAM: Okay.
COMMISSIONER FIALA: What does that mean?
CHAIRWOMAN HILLER: Are there other projects coming
down the pike that --
COMMISSIONER HENNING: Well, we just had one that we
denied, interconnection to take traffic off because of citizen input,
they didn't want to do it. That's Whippoorwill and Marbella. So those
decisions, you know, if--
COMMISSIONER NANCE: We just called for an election. I
mean, you know, so --
COMMISSIONER HENNING: So anyways.
CHAIRWOMAN HILLER: Got it.
Okay, would you like to make the motion, Commissioner
Henning?
COMMISSIONER HENNING: I'll make a motion to approve.
COMMISSIONER NANCE: And I will second.
CHAIRWOMAN HILLER: Any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
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all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Leo, can we please go to 11.I, J and K, which we suspended?
MR. OCHS: Yes, we can.
Item #11I - Continued from earlier in the meeting
RESOLUTION 2013-199: AMENDING RESOLUTION 2008-331,
RELATING TO THE STEWARDSHIP SENDING AREA WITH A
DESIGNATION OF "CDC SSA 14"; APPROVING THE
EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2023 IN
THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
FOR CDC SSA 14 AND THE ESCROW AGREEMENT FOR CDC
SSA 14 - ADOPTED WITH ONLY ONE YEAR EXTENSION TO
THE DATE OF NOVEMBER 18, 2014
CHAIRWOMAN HILLER: And Mr. Yovanovich, thank you for
indulging us the opportunity to allow Mayor Hamilton to go ahead of
you and put you in limbo yet just one more time.
MR. YOVANOVICH: You told me you'd let me know when it's
my turn.
CHAIRWOMAN HILLER: Exactly. Well, your time has come.
County Manager, would you mind staying with us while we go
through this? We had already started these agendas items. We were
in the middle of the discussion and Mr. Yovanovich had the podium.
Between the time that we discussed, we began discussing this
matter in the morning, and now I had the opportunity to sit down with
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Mr. Yovanovich and with the representative from Conservancy, as
well as a representative from the Estates to discuss this matter. And I
believe there's an alternative proposal.
Would you like to present, Mr. Yovanovich?
MR. YOVANOVICH: If you want me to go straight to the
proposal, sure.
CHAIRWOMAN HILLER: Yes, please.
MR. YOVANOVICH: We talked about the current request was
to extend the escrow agreement for 10 years. There was some
discussion about a year. And what we -- I think Nicole said I'm not
allowed to use the word agreed -- but they would not oppose a
five-year extension for the escrow agreement. I think that would
address the concerns that were raised about looking at the RLSA
program as a whole. But at the same time allow the escrow agreement
as well as the ability to have these lands ultimately become
conservation lands remain in place and allow the town of Big Cypress
project to move forward at a reasonable pace instead of being forced
to go at a much quicker pace if it were only a one-year extension.
CHAIRWOMAN HILLER: I think that is reasonable, and so I'm
going to make a motion to approve the extension of the escrow
agreements for another five-year term.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
MR. MILLER: Madam Chairwoman, we have to registered
speakers for Items 11.1, J and K.
CHAIRWOMAN HILLER: Okay.
MR. MILLER: Your first speaker is Nicole Johnson, and she'll
be followed by Peter Gaddy.
MS. JOHNSON: Good afternoon, Commissioners. For the
record, Nicole Johnson, here on behalf of The Conservancy.
And Mr. Yovanovich is correct, we in our discussions said that
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we do not oppose the five-year extension. And this really does bring
up I think the need to take a look at the RLSA in its totality. How
many SSA credits are out there, how much development could that
entitle, and how the county deals with that amount of potential new
SRA's.
So this is something that needs to be looked at. It was something
in your consent agenda on the list of different planning items that the
county had put forward. It's a pending Board direction item. But I
think that we really do need to at some point in the near future take a
look at all these things. So we appreciate your time and we hope that
you will start taking a look at that at some point very soon.
CHAIRWOMAN HILLER: And if I may, Nicole, there's
nothing to prevent you from looking at it and working with Mr.
Yovanovich to address the issues of mutual concern and then bring
that to the Board at the appropriate time and we'll upload it to the
agenda and present what your joint findings are for the benefit of the
public.
MS. JOHNSON: Absolutely. We'd appreciate the opportunity.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is Peter Gaddy.
MR. GADDY: Good afternoon, Commissioners. Peter Gaddy on
behalf of the Golden Gate Estates Area Civic Association.
We of course are between here and the RLSA so we're always
very concerned about what happens to those far eastern lands.
I want to explain to you what our concerns are so you can have a
little bit better perspective on this. I think there are three primary
considerations: First of all, this will provide an opportunity to keep
these lands in conservation.
Second of all, there are a couple of drawbacks. And the
drawbacks are that this will be extending the early entry bonus credits
an additional five years.
The second drawback is that in the event the Board should design
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to make amendments to the RLSA program and they should happen to
be in conflict with these escrow agreements and the underlying
easement agreements, the Board would be precluded from making any
changes with respect to this -- to the property, which is the subject of
the easements.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Is there an early entry for the
RLSA?
MR. GADDY: Yeah, there was an eight to 10 percent credit.
COMMISSIONER HENNING: There is?
MR. OCHS: We've got Mr. Bosi here.
CHAIRWOMAN HILLER: Yeah, Mr. Bosi, can you address
that?
COMMISSIONER HENNING: Mr. Bosi just shook his head
and said yes, so I'm okay with that.
CHAIRWOMAN HILLER: And we in fact -- Mr. Gaddy, you
can sit down, thank you.
COMMISSIONER HENNING: But, you know, Mr. Gaddy, you
know, the bigger picture is you don't know -- well, first of all, we
know that this -- the area designating SSA is not going to be farmed
anyways, okay? There's not going to be houses on it. I mean, we're
just fooling ourselves. So it already is in conservation.
COMMISSIONER NANCE: Whether we have this agreement or
not.
COMMISSIONER HENNING: Right. Absolutely. The issue is
we don't know if and when this community is going to be built. Or if
anything they pulled their application. So in my opinion we ought to
start from scratch.
CHAIRWOMAN HILLER: Can I ask a question, Commissioner
Henning? Because this predates my joining the Board.
What you just said basically suggests that there are no
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development rights associated with these SSA lands, which makes the
entire RLSA program in effect nonexistent.
COMMISSIONER HENNING: No, when you do the transfer,
you are giving development rights upon that transfer.
CHAIRWOMAN HILLER: Well, you can only give the
development rights that you have on the land that you're transferring
from to.
COMMISSIONER HENNING: Right.
CHAIRWOMAN HILLER: But if you're saying that let's not
fool ourselves, that land is farmland and that land is not developable
land --
COMMISSIONER HENNING: No, no, no, it's not -- just the
opposite. You have --
CHAIRWOMAN HILLER: I'm talking about the SSA lands.
COMMISSIONER NANCE: It's swamp.
COMMISSIONER HENNING: It's swamp. It's not farmland.
CHAIRWOMAN HILLER: So if it's swamp, what are the
development rights that exist on that land that we are able to transfer
to the SRA's?
COMMISSIONER NANCE: One home per five acres. Which
will never be built there, because it's a swamp. That's it.
CHAIRWOMAN HILLER: One home per five acres?
COMMISSIONER NANCE: Yes, ma'am. That's the underlying
use. If there's any environmental protections from the Corps or
anything else. So the risk to those lands is minimal. I mean, we've
got 1,100 empty homes in the Estates, I don't think they're going to
start building homes in the swamp in the Camp Keis Strand. I think
that's not something that needs protecting.
COMMISSIONER HENNING: No.
COMMISSIONER NANCE: Well, you recognize me and I'll say
a few more things.
COMMISSIONER HENNING: You know, the whole -- the
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issue is, is wouldn't you rather see the bigger picture than piece
mealing it? I think it's prudent to wait. Let this expire and wait until
they come back with a plan to build a community.
CHAIRWOMAN HILLER: Well, the concern I have is that
number one, they haven't been compensated for the land which they
have agreed not to develop. Even though you're saying it's not
developable, they have those development rights.
COMMISSIONER HENNING: Yes, they do.
CHAIRWOMAN HILLER: And so my concern is to release
these development rights out of escrow and allow for them to reverse
this altogether has the potential to put us as a county in a very
precarious position with respect to our obligation to have conservation
lands as required by our Growth Management Plan, as required by the
growth management legislation.
COMMISSIONER HENNING: But wait a minute, we allowed
the Scofields to remove their conservation.
CHAIRWOMAN HILLER: We did, we did.
COMMISSIONER HENNING: So it's just the opposite what
you -- you're suggesting is our Growth Management Plan dictates and
we're going back on it. That's not true. We did it before.
CHAIRWOMAN HILLER: Well, the difference -- we have
done it. The issue is not whether we do it, because it was our choice
to release it. The difference here is whether it's their choice to opt out
of the program.
COMMISSIONER HENNING: Well, the difference was we
built a six-lane road based upon two communities out there, okay?
One community backed out. Where's the obligation?
CHAIRWOMAN HILLER: Well, they're still paying. And they
still have the obligation to pay.
COMMISSIONER HENNING: No, the Estates residents are
paying.
CHAIRWOMAN HILLER: No, the obligation remains an
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obligation of the developers. They end up paying when they build.
The fact that the Board of County Commissioners decided to build
ahead of the development was a decision by the previous board. The
developers will pay as they build. That's where the impact fees come
from to pay back for what the board advanced.
COMMISSIONER HENNING: I know, but we never did collect
any impact fees from Big Cypress because there is no building.
However, we --
CHAIRWOMAN HILLER: But they will build.
COMMISSIONER HENNING: -- we lived up to our obligation.
Now, I understand the economy is not coming forward, but
again, there's no reason why we couldn't do the same thing. However,
I would like to see the total picture, the development, the impacts of
that development, the commitment from the developer on the
infrastructure that is sitting there waiting for them to develop.
CHAIRWOMAN HILLER: And I understand where you're
coming from. My concern is I want to see these SSA's held in escrow.
We always have the right to release them, if we choose. But we want
to keep them in escrow because we don't want to create an obligation
for the county, because they don't have to give it to us as conservation
for the benefit of the county.
Commissioner Nance?
COMMISSIONER NANCE: They don't have to honor this
escrow. Says in this escrow agreement, if requested by the owner,
Collier County shall provide a written release in termination of this
agreement in the stewardship easement for the recording of public
records in 15 days request from the owner.
CHAIRWOMAN HILLER: That is correct.
COMMISSIONER NANCE: So this is a one-way agreement.
This is entitlements.
CHAIRWOMAN HILLER: No, no, what you're reading is
something different. You're reading the agreement with regards to the
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SSA's. You're not reading the escrow agreement.
COMMISSIONER NANCE: Well, the escrow agreement's not
even a public document that's easily available to anybody.
CHAIRWOMAN HILLER: It should be.
COMMISSIONER NANCE: It should be. What I'm suggesting
is this: I'm not suggesting that we disassemble the RLSA program.
What I think is important is that we have talks between the developer
and the landowner who we are going to be in partnership with, and
have honest good faith commitments on what people are going to do.
Through 2008 people put these SSA's in a solid commitment and then
they took them out and they did their development. Now they're --
you know, this agreement is tantamount to saying well, we're going to
be married -- if we have a child maybe five years from now and if we
like the way the child turns out, then we'll be married. That's the
commitment that they're making to us. And they're not talking to our
staff and they've not talking to the citizens that are next to them. They
only talk to staff when we get in a situation like this and Mr.
Yovanovich goes and hollers at everybody because something came
off the rails.
Our poor growth management planning staff and transportation
planners have to get together with our partners, the landowners, and
we have to decide if we're indeed going to build a new community of
300,000 people out there how it is we're going to construct the
infrastructure necessary to support it, how we're going to pay for it,
where it's going to be and when it's going to be. And our landowner
partners have to start talking.
A classic example is what we just went through with I-75. There
is absolutely no question that the RLSA and the City of Big Cypress
need a new entry onto I-75. But what happened? In 2007 the
economy went south and they lost interest.
And what did Collier County do? Collier County proceeded to
plod forward, as we said we would, with a $2 million interchange
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justification report. What did the people out there with Big Cypress
say? Collier Enterprises? Nothing. All I heard was crickets out there.
I didn't hear anybody coming forth and saying, you know what, really,
we need to just pull the plug on this thing. We won't support you, we
won't help you.
Where were we? We were out on a string by ourselves. Two
million bucks down the tube. And everybody ended up looking
foolish. That's terrible. That's not fair to our staff and our planners.
We need to have a better working relationship. And I don't want to go
out and just blanket say okay, the agreement we had in 2008 is great,
let's rubber stamp it for another decade and make the same mistake
again.
Commissioner Hiller said well that was approved by a prior
board. Well here we are getting ready to stamp something and what's
the next board going to say? Well, you know, the jokers that rubber
stamped that, that was a prior board. We're going to go through the
same thing again. It's not fair.
COMMISSIONER HENNING: Can I clap?
CHAIRWOMAN HILLER: No.
COMMISSIONER NANCE: I'm sorry, I don't want to get on a
soap box and I don't want to be nasty, but what I want to do is I want
to open a discussion and I want our partners, the developers and the
landowners, to come forward and let's start working on this. I can't
believe that they want the same things that they wanted in 2008. I
know that's a lie. So let's not pretend that everything as it was in 2008
is the same. Because that's fictitious and it's only something we're
going to have to go back and fix. So that's -- you know.
CHAIRWOMAN HILLER: So number one, let me just address
a few of your points, because some of the statements you've made are
very concerning.
Number one, there is no rubber stamping. To take these credit
agreements and hold them in escrow is in the interest of the public.
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And to the extent that we can protect those rights by holding them in
escrow, that is the prudent thing to do.
Number two, there is no non-dialogue with these landowners.
These landowners have not said they are not going to speak. There is
nothing that precludes you from calling them up and talking to them
about what their future plans are.
The fact that the previous board decided to invest $2 million
when these developers didn't need it is ridiculous. I can't even believe
that the board approved expenditures up to $2 million for something
that wasn't supported by the community. I mean, it's just nonsense.
So, you know, I don't really understand why you are upset. It
seems to me -- I mean, you've got one of the developers standing right
before you right now. You can't force a market. You can't create
something where there is no demand. If the demand isn't there, they're
not going to build. If the demand was anticipated and it was a mistake
in forecasting or it was forecasting that, you know, never could have
actually been done, even by the best of professionals, which is the
case, it's the latter, so be it. I mean, you can't force demand, you can't
create a market.
They can make a wish list, but we're not going to act on a wish
list. Until they have a realistic forecast based on realistic demand
expectations, we have to stay put. And when the time is right, they
will come and they will say okay, we're starting to get the demand, we
have realistic projections, we want to start building, and then we will
estimate what the impact fees will be off their development and then
we will build infrastructure to support the impact of the new growth. I
mean, it's a simple formula.
So I'm not sure -- there's no basis for anger, there's no basis for
upset and there's no basis for demand. I mean, it's very --
COMMISSIONER NANCE: No, I'm just concerned because the
results to date haven't been good.
CHAIRWOMAN HILLER: Well, the results are market driven.
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The results are 100 percent market driven. The board decided to
advance the funds to build infrastructure ahead of development
because the board I guess thought that hey, the forecasts were right.
Well, that's what the previous board did, and this board will be more
conservative. We'll look for more realistic forecasts, we'll wait 'til
development starts and then we'll build.
COMMISSIONER NANCE: All I'm saying is the methodology
going forward, we need to start working on it. Any time is good by
me.
COMMISSIONER FIALA: I don't know how many times
you've said previous board, previous board, previous board. But you
have to know that when we made these decisions back then, we had
no idea that looming right in front of us was a recession --
CHAIRWOMAN HILLER: That's what I just said.
COMMISSIONER FIALA: -- and not only that, but even though
that infrastructure is there, building has been taking place along that
road, Oil Well Road. And more is coming up very quickly. It's not
like it's a wasted dollar. And so forgive me for saying it, but I don't
like to keep getting bashed all the time. You know --
CHAIRWOMAN HILLER: You're not getting bashed.
COMMISSIONER FIALA: -- skip the previous board.
CHAIRWOMAN HILLER: It's the opposite. It's just a matter of
fact. It's not bashing, it's merely stating that it was a different
economic environment. It was a board with a different philosophy
how business was to happen. They made decisions on forecasts that
didn't come to pass, through no fault of their own, and we are where
we are. And we're going to deal with it different prospectively. And
that's all there is to it. And I just don't -- there's no negativity, it's just
fact.
COMMISSIONER NANCE: I did not intend me pulling this
from the agenda to be negative. What I said was I did not think it was
appropriate to take a decision that was made using the thinking from
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2008 and the planning from 2008 by our partners, which is all
different -- I assure you their concept of their new community and
their city out there is different. I assure you that their thoughts about
how density should be used out there in the east are different.
We just spent $500,000 on a master mobility plan where
everybody talked about changes in density. So why we need to be
pushing some of these things forward in their same form just seems to
me is a tad --
CHAIRWOMAN HILLER: But Tim -- or Commissioner
Henning (sic), you're talking apples and oranges. Because we're
talking about an escrow agreement. We're not talking about the
underlining SSA agreement. The SSA agreement is not --
COMMISSIONER NANCE: No, no, we're not.
CHAIRWOMAN HILLER: -- a subject of this. All we're
looking at is the legal mechanism to hold those credits, pending all the
discussions you want to have. Then you can go back and you can
propose modifying the underlying agreement. Putting it in escrow
does not preclude the modification of the underlying agreement by
mutual agreement down the road.
COMMISSIONER NANCE: I just want to make sure that there
aren't entitlements here that we're pushing forward another 10 years
that --
CHAIRWOMAN HILLER: No.
COMMISSIONER NANCE: -- at some point we're going to be
unhappy with. Because I don't think people have really looked at this
in quite some time.
CHAIRWOMAN HILLER: The whereas clauses in the escrow
agreement are not part of the agreement. The agreement begins under
the header called agreement. And all that that -- all the escrow
agreement provides is that these credits are going to be held in escrow,
pending their use.
COMMISSIONER HENNING: Commissioner Coyle was before
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me.
CHAIRWOMAN HILLER: I'm sorry, go ahead, Commissioner
Coyle.
COMMISSIONER COYLE: I would like to offer at least one
minor dissenting point of view. From my perspective, the reason this
program was created was not to encourage development, it was to
encourage conservation.
CHAIRWOMAN HILLER: That's exactly correct.
COMMISSIONER COYLE: And that's the reason you have the
credits.
CHAIRWOMAN HILLER: And that's the reason we have
escrow.
COMMISSIONER COYLE: That's right. Now --
CHAIRWOMAN HILLER: That is the issue.
COMMISSIONER COYLE: -- the only thing that we're
spending the afternoon arguing about is the length of time for the
extension. We started out with a recommendation of 10. We had a
commissioner who wanted it cut to one. We're now talking about a
five-year extension. If that isn't sufficient to get a majority vote, then
let's go with a two-year extension.
COMMISSIONER FIALA: We already have a motion on the
floor and a second for five years.
CHAIRWOMAN HILLER: Right.
COMMISSIONER COYLE: Okay. But do you have three votes
to do it?
CHAIRWOMAN HILLER: I'm going to call the vote.
COMMISSIONER COYLE: Go ahead.
COMMISSIONER HENNING: Wait a minute.
CHAIRWOMAN HILLER: I'm sorry, Commissioner Henning?
MR. YOVANOVICH: Can I say one thing, please? Do you
mind?
COMMISSIONER HENNING: I wanted no agreement to
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extension, just for the correction. I'm going to recognize the
commissioner of the district and his wishes of one year. And just -- I
want to caution you, if you're going to need Commissioner Nance at
future votes, I think we ought to support the commissioner of the
district. So I'm ready to vote.
CHAIRWOMAN HILLER: We don't barter votes. Our position
on this board is to vote the right decision for the right reason. And so
while I am happy to support a commissioner from a district, it's not
based on him supporting me. He's supposed to make decisions for the
best of the community, as are you. I mean, that -- and we all vote for
the community as a whole.
COMMISSIONER HENNING: And I value your opinion; I'll
take it under consideration.
CHAIRWOMAN HILLER: Thank you.
I want to go back to what Commissioner Coyle said. The reason
these escrow agreements are important is for conservation. Because
we're talking about SSA's. We are putting SSA credits, which are
conservation credits, in escrow. We are not dealing with SRA's,
which are the development side. The issue as to what will happen on
the development side is something that has to be worked on.
And what I said to Mrs. Johnson, Nicole Johnson, who represents
Conservancy is to sit down with these developers, work on what the
future plan ought to be, which will more likely than not be different
than what the old plan was, and come back to the Board and let's all sit
down. And maybe that is great topic for a workshop.
But the issue here today is the protection of conservation
easements in an escrow account. And the last thing I want to do is
release them or have them in escrow for a short amount of time. We
can always turn around and say okay, they don't need to be in escrow.
It's for our protection. It's for the protection -- and when I say our
protection, for the protection of the county, for the protection of the
environment and the environmental community.
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So yeah there is a motion, there is a second. If there's no further
discussion --
COMMISSIONER NANCE: What's the motion?
MR. YOVANOVICH: I'm sorry --
CHAIRWOMAN HILLER: Five years.
MR. YOVANOVICH: -- I just wanted to add where the five
years came from.
The Board has for the past five years adopted an ordinance
tolling the application of PUD sunsetting. So the logical decision of
five years is that would be consistent with what the Board has done,
recognizing for the past five years we've been in a bad recession. So
that's where the five years came from.
The suggestion of five years actually came from Mr. Gaddy at
our lunch meeting. So we had thought, you know, that that five years
was something that was reasonable based upon what the Board has
done with other projects in the community and based upon the
conversations we had in our discussion. So I just wanted to add that
for the record.
CHAIRWOMAN HILLER: That's reasonable.
Is there any further discussion on the part of Board?
(No response.)
CHAIRWOMAN HILLER: The motion on the table is for a
five-year term escrow agreement to hold these SSA conservation
credits.
There was a motion and a second. If there's no further
discussion, I'm going to go ahead and call for the vote. No further
discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
CHAIRWOMAN HILLER: Any opposed?
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COMMISSIONER FIALA: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: How many was that, three?
COMMISSIONER HENNING: Three.
CHAIRWOMAN HILLER: Okay, so three opposed. So the
motion fails.
COMMISSIONER HENNING: Move to approve Commissioner
Nance's recommendation of one-year extension.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: I can't support that because I cannot
support releasing these credits out of escrow in a one-year time frame.
And I think it is completely unreasonable to compel the developers to
bring a plan forward in a year when, you know, nothing has been
brought forward today, given market conditions, knowing that these
escrow agreements were expiring. I mean, it's just --
COMMISSIONER NANCE: Maybe we can talk about a new
escrow agreement. I just think the current ones ought to expire and we
ought to have a grander discussion of it, and get agreement from this
Board on how we should move forward.
COMMISSIONER HENNING: Correct.
MR. UTTER: Could I make some comments, possibly?
COMMISSIONER NANCE: Yes, sir.
MR. UTTER: This is -- I'm Pat Utter with Collier Development
Corporation, or CDC Land Investments.
There's a couple factors I just want to step back and correct a
little bit. One is there was a discussion about Oil Well Road. And
Collier Enterprises never entered into any agreement to construct Oil
Well Road. And Nick can confirm that.
COMMISSIONER HENNING: Oh, there's no question.
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MR. UTTER: So we are not party to any contribution agreement
at all related to Oil Well Road or any infrastructure tied to that road.
That was not related to Big Cypress in any way. So I just want to get
that record clarified.
CHAIRWOMAN HILLER: That was Barron Collier.
MR. UTTER: We did also, in -- we did donate, agree to donate
right-of-way for that at no cost to the county and no impact fee credits.
But we had no agreement to construct any infrastructure for our
project --
COMMISSIONER HENNING: Nobody said that.
MR. UTTER: -- so I just want to clarify that.
COMMISSIONER HENNING: Nobody said that.
MR. UTTER: Okay. I just want to make sure everybody
understood that.
Secondly, there's a couple of things that I think necessitate this
five year -- obviously it doesn't sound like we're going to get five but
the one-year time frame creates -- we're just going to be right back
here again.
And a one-year -- I guess let me step back. One other comment
that was made is there was a comment made that we haven't been
willing to discuss the RLSA program. Well, we've been working on
and funding RLSA for probably 10 years. And the landowners within
that area funded the entire initial program. And there were countless
public meetings that we were at every single meeting and we funded
the entire program, along with the other landowners. Not exclusively,
but there was numerous public meetings.
And then after the five years, it was a mandatory five-year
review. We spent again probably another two years funding studies
and public meetings. And we brought forward what we thought was a
reasonable -- some tweaking to the program. And ultimately it wasn't
approved and, you know, that's okay. But we've tried to at least bring
forward our ideas, the public ideas. And so I want to make sure that --
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and that door is always open. We're committed to the RLSA program
long term, and we want to work with the county to make any
adjustments that the public sees are necessary. So we'd like to meet
with you, Tim, and work with you on it.
COMMISSIONER NANCE: I would like to say that I am
completely committed to the RLSA program. Don't get me wrong.
Please don't doubt that. But, sir, we need a much better working
relationship. Honestly.
MR. UTTER: But we've been -- I mean, we haven't been con --
we've spent a lot of our money and a lot of-- not just our money but
money --
COMMISSIONER NANCE: I agree.
MR. UTTER: And we've been willing to meet. We've had -- I
mean, I think, like I say, during the public review of the five-year
review there was I don't know how many meetings. I wasn't a part of
it but I know there was over a dozen meetings, and we attended those.
So we were party to that.
COMMISSIONER NANCE: I was on the review committee. I
was there. I know what it was like.
MR. UTTER: So we were engaged. And the reason we haven't
been engaged recently is there's been no direction from staff I think to
do anything. At this point it's been --
COMMISSIONER NANCE: Your planning is magnificent, sir.
You've got the finest engineers. I would not doubt that it is a state
model, as you know. It's clear. And the county is committed --
MR. UTTER: What I'm just saying, the door is open. We want
to work on it right now. There's -- I don't believe staff is working on it
currently.
COMMISSIONER NANCE: I just want to make it so that our
staff is not besieged wondering what their responsibilities are. And
our County Manager is struggling trying to figure out how we're going
to make this infrastructure happen so that you can do -- so you can
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develop your lands and the eastern part of the county can grow.
Producing a new population equal to what we have now is no
mean feat. And it's nice that you have your plans. I don't think that
your neighbors are necessarily always privy to enough of them so that
they're comfortable so they can make their plans. I mean, we've got
the rural fringe, we've got Golden Gate Estates. Everybody is in
reactionary mode to what you're going to do and nobody knows what
you're going to do.
And that's your proprietary right, and I'm not minimizing that.
But what I'm saying is we're partnered, we're tied at the hip, for better,
for worse. And I think it's all going to be good in the end.
MR. UTTER: I agree.
COMMISSIONER NANCE: We'll have a much better working
relationship.
MR. UTTER: Well, I think it's always been a very positive open
relationship, and the only real issue I think lately is just there probably
hasn't been any direction to do anything. We're kind of in a limbo
state relative to any suggested changes. So we have a certain
approved RLSA program and we're trying to follow that. And until
it's changed, which we're willing to help change those --
COMMISSIONER NANCE: I just want to work for the best
outcome and I want to make sure that the taxpayers are protected and
that we spend our tax money in the best possible way and everybody
pays their fair share.
So don't doubt what I'm saying. What I want to do is I want to
stimulate discussion. If this is going to do it, then I think it will be --
MR. UTTER: And one final point on a separate topic is beyond
all the RLSA issues, one other topic is there is a habitat stewardship
plan that is going forward over generally the same area, and that is
being led by Florida Fish and Wildlife. And it is to create a new, per
se, mitigation strategy for the whole area. And they have recently
received about a $600,000 grant and they're moving ahead with that.
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It's about an 18-month to two-year process. But that will create a
whole new set of new rules for the environmental protection of these
same lands.
And so for us to rush out right now to meet this one-year
extension --
CHAIRWOMAN HILLER: It's ridiculous.
MR. UTTER: -- we wouldn't know what the environmental rules
are. We know what the development rules are and we could file an
SRA. But when we file with the district and the Corps, we wouldn't
have any ability to navigate through that permitting cycle.
So we're -- until this HCP is done, which is something the whole
community has been backing, all the environmental groups or most of
the environmental groups are backing that. And it's led by the state, it's
funded through grants and it's in process. So if that finishes in let's say
18 months to two years, then we start to plan our project around those
new rules. It's probably a year before we have an SRA in front of you.
So we're -- that's why a three-year is kind of like the minimum
time frame that we could use these SSAs. Anything less than a
three-year time frame, I think we're going to be back in front of you.
And three years is very tight.
But that would be, you know, something that I think would be a
minimum for us.
CHAIRWOMAN HILLER: Commissioner Nance, I don't even
understand what you're proposing. Do you honestly think by cutting
the time frame on this escrow agreement short and compromising
Collier County's interest in these conservation lands -- which is what
you're doing, because only the county is being compromised, they're
not. I mean, they haven't gotten compensation for agreeing to create
these easements. They have the ability to take that land and do
nothing with it. They don't have to get those development rights.
They don't have to put that land in conservation. If they turn around
and they don't want to develop their land and they don't want those
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TDR's, you know what we have to do? We have to go out and we will
have to assess another Conservation Collier project to go out and buy
additional lands, because we have a statutory requirement to have a
certain percentage of our county in conservation. And this program
on the conservation side was contributing that. And we have satisfied
that requirement by having these SSA's sitting there, notwithstanding
that they haven't been compensated for making that dedication to us.
And you are basically suggesting that we are going to
compromise our obligation to create these conservation lands. I'm not
talking about development, I'm talking about conservation. And these
are rights. These are conservation easements which we have protected
in escrow for the benefit of the county. So we don't have to go out --
COMMISSIONER HENNING: It should be in perpetuity.
COMMISSIONER NANCE: In 2008 we changed the RLSA
program that was perfectly affected by creating this escrow deal on the
fly. That's what happened.
CHAIRWOMAN HILLER: It wasn't on the fly.
COMMISSIONER NANCE: It was on the fly. Everything that
happened before that from 2004 to 2008 was a different program.
And then we modified it and it hasn't been codified. So now it's in the
hands of the attorneys of our property landowners.
If they want to change the RLSA program to work in this way,
then it should be an amendment to the RLSA program. It shouldn't be
an escrow agreement under some attorney's desk.
CHAIRWOMAN HILLER: The escrow is to protect the credits
for the benefit of the county.
COMMISSIONER NANCE: Well, then they need to change the
program over what it --
CHAIRWOMAN HILLER: That's what an escrow --
COMMISSIONER NANCE: It never worked like that --
CHAIRWOMAN HILLER: -- agreement is.
COMMISSIONER NANCE: -- up until 2008. It didn't work that
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way. The whole City of Ave Maria was created using a different
system.
So I don't know what went wrong, but we changed the system,
and I believe it needs to be reviewed.
CHAIRWOMAN HILLER: There's no compensation. We have
-- these landowners have put conservation easements on their land
without getting --
COMMISSIONER NANCE: I understand.
CHAIRWOMAN HILLER: -- the TDR's in exchange.
COMMISSIONER NANCE: As they did before. They did it
before.
CHAIRWOMAN HILLER: No, they used them. They actually
used -- in fact, in the other instance they actually did the switch and
we have development. That development is called Ave Maria. That
was supported by the transfer rights from the conservation lands in
that scenario.
Here we have conservation lands, basically an easement that's
imposed over land for the benefit of the county to satisfy the legal
requirement. But these guys have not gotten the development rights
on the other side.
COMMISSIONER FIALA: Let me suggest something, see if
this flies.
I understand what everybody is saying. What about if we vote to
extend it five years but in that time now we have our workshops and
we take another look at it, we work with The Conservancy, we work
with the landowners, and if we come up with a plan in two years then
we can change. We're able to do that --
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER FIALA: -- we sit on a Board that is able to
do that. But at least we have a time frame then. We have five years to
work on it. If we get it done in 20 months or if we get it done in 10
months then we can change it then. But I think that gives us a little bit
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more of an ease at working with this. Does that sound good to
anybody?
COMMISSIONER HENNING: No.
CHAIRWOMAN HILLER: It sounds reasonable. The biggest
concern I have is that if these rights get reversed, are -- let me restate
that. If that easement gets reversed and is not held in escrow, then we
are at ground zero with respect to that obligation as it relates to
conservation lands.
COMMISSIONER FIALA: But this --
CHAIRWOMAN HILLER: And this would protect our
conservation interest in those lands by holding it in escrow. That was
the purpose of the escrow agreement in the first place.
COMMISSIONER FIALA: And this gives us some time to work
on that and come out with an agreement that everybody can live with.
COMMISSIONER HENNING: If we're losing lands from
conservation, then it should be in perpetuity.
CHAIRWOMAN HILLER: You can't force something into
perpetuity if you haven't compensated for it.
COMMISSIONER HENNING: Well, then it's not conservation
lands. We could lose it any time.
CHAIRWOMAN HILLER: No, they have --
COMMISSIONER HENNING: We're arguing this over and
over. We should really vote on it and move on.
CHAIRWOMAN HILLER: Well, they have a reverter. It's not
in perpetuity, okay. And it can't be in perpetuity and you can't remove
that reverter until they're compensated.
COMMISSIONER HENNING: Then you're never going to have
perpetuity.
CHAIRWOMAN HILLER: But no, that's not true, because --
COMMISSIONER HENNING: Conservation.
CHAIRWOMAN HILLER: No, that's not true. Because what
happens is as soon as they are compensated by getting those
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development rights, then that easement becomes a perpetual easement.
COMMISSIONER HENNING: Then you get back to my point
is let's see the whole picture where they're going to start using those
credits for that perpetuity.
CHAIRWOMAN HILLER: We are the ones getting the credit
for having that easement, notwithstanding that they have not gotten
compensated for it.
COMMISSIONER COYLE: Could we call the question, please.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER FIALA: That's for one year, right?
CHAIRWOMAN HILLER: What was that? Was that for one
year or two years?
COMMISSIONER HENNING: One year.
CHAIRWOMAN HILLER: That was for one year?
COMMISSIONER HENNING: Yeah.
COMMISSIONER FIALA: Opposed?
CHAIRWOMAN HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 3-2. One year.
Item #11J
RESOLUTION 2013-200: RESOLUTION AMENDING 2008-329,
RELATING TO THE STEWARDSHIP SENDING AREA WITH A
DESIGNATION OF "CDC SSA 15"; APPROVING THE
EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2023 IN
THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
FOR CDC SSA 15 AND THE ESCROW AGREEMENT FOR CDC
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September 10, 2013
SSA 15 - ADOPTED WITH ONE YEAR EXTENSION ONLY TO
NOVEMBER 18, 2014
MR. OCHS: Madam Chair, you said you were going to hear all
three of these items at the same time but you were going to vote
separately.
CHAIRWOMAN HILLER: Right.
MR. OCHS: Is that still your intent?
CHAIRWOMAN HILLER: So I'm assuming that yeah, we still
have to vote for each of them individually.
MR. OCHS: That was the vote on 11.I.
CHAIRWOMAN HILLER: Yeah, so do you want to make the
same motion?
MR. OCHS: Then in that case -- for 11.J, which is --
COMMISSIONER NANCE: J and K.
CHAIRWOMAN HILLER: It's completely unrealistic. It's
completely unreason -- and more importantly is --
COMMISSIONER HENNING: I make a motion to give a
one-year extension to 11 .J.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
Motion carries 3-2 with Commissioners Fiala and Hiller
dissenting.
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September 10, 2013
Item #11K
RESOLUTION 2013-201 : AMENDING 2008-330, RELATING TO
THE STEWARDSHIP SENDING AREA WITH A DESIGNATION
OF "CDC SSA 16"; APPROVING THE EXTENSION OF
CERTAIN DATES TO NOVEMBER 18, 2023 IN THE
STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR
CDC SSA 16 AND THE ESCROW AGREEMENT FOR CDC SSA
16 — ADOPTED WITH ONE YEAR EXTENSION ONLY TO
NOVEMBER 18, 2014
COMMISSIONER HENNING: Make a motion to give 11.K a
one-year extension.
CHAIRWOMAN HILLER: Is there a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER NANCE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 3 -- well, I'm like
guessing that you and I --
COMMISSIONER FIALA: You didn't hear my voice, did you?
CHAIRWOMAN HILLER: I know, I didn't. Right, I didn't. I'm
getting presumptuous here.
Motion carries 3-2 with Commissioners Fiala and Hiller
dissenting. It's the girls against the boys.
Don't worry, you and I are both looking out for conservation,
that's all I can say.
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MR. OCHS: Commissioners, not to belabor that issue, but just to
make the Board clear on what the staff believes is its current direction
with regard to working on any amendments to the RLSA, we have no
Board direction. So, you know, I heard some discussion about we'll
work on certain things over the next year. Unless we get some
specific direction from --
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: -- the Board, we don't have any active internal
planning initiatives --
COMMISSIONER HENNING: Maybe we'll come back.
MR. OCHS: -- underway for the RLSA.
That's why I said it, sir. If there's something the Board tends to
bring forward, we look forward to working on that. Thank you.
CHAIRWOMAN HILLER: Thank you. Very good point,
County Manager.
Item #11C
THE OFFICE OF BUSINESS AND ECONOMIC
DEVELOPMENT'S PROPOSED FY 2014 BUSINESS PLAN —
APPROVED
MR. OCHS: Madam Chair, that takes to us Item 11.0 on your
agenda.. It's a recommendation to approve the FY 2014 business plan
for your Office of Business and Economic Development. Mr.
Register is prepared to present.
MR. REGISTER: Good afternoon. Bruce Register, your
Director of Business and Economic Development.
Item 11.0 seeks to derive the approval of the Board for the Office
of Business and Economic Development's proposed 2014 business
plan.
The business plan outlines the proposal to provide an economic
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development delivery system and enhance Collier County's
competitiveness. The approach would entail building a structured --
developing tools, a structure that will develop tools, defining our
outcomes to organize and institutionalize economic development as a
priority in Collier County.
I had the good fortune and appreciate the opportunity to discuss
the plan individually with each commissioner. With that, I am
prepared to provide a power point presentation or address questions at
the Board's pleasure.
CHAIRWOMAN HILLER: What is the Board's pleasure?
Would you like a presentation?
COMMISSIONER COYLE: Questions and a motion.
COMMISSIONER FIALA: You know, being that this is so
important to the future of our economy here in Collier County, I think
that the listening audience, there's a lot of people that listen, watch it
on television, might be good for them to see the power point.
MR. REGISTER: If someone with the acumen for this program
-- I believe it needs a password to get into the program.
CHAIRWOMAN HILLER: So what you really want is the
keeper of the key.
COMMISSIONER COYLE: They turned me off, so I don't get
to see any of this stuff.
COMMISSIONER NANCE: They've got you blocked out,
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, they've got me blocked out.
COMMISSIONER NANCE: You must not have bought your
Dolphin tickets on time.
COMMISSIONER COYLE: I guess not.
COMMISSIONER FIALA: Do you know I have a son that
works all the Dolphins games in Miami?
MR. REGISTER: I assure you, Commissioners, we had this
prepared. It is not there now.
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MR. OCHS: Work off of the visualizer.
COMMISSIONER FIALA: The Dolphins, Marlins, Miami Heat.
COMMISSIONER NANCE: You're my new best friend.
MR. REGISTER: Thank you.
The directive was to prepare a business plan for Board review
and discussion, outlining our structure, tools and desired outcomes for
2011. Obviously the objective is to seek the Board's permission and
approval to carry forth and implement that plan.
Our structure is designed around an office, as well as the partners
that we will incorporate to fulfill our mission and objective. Tools
going to be used to enhance our competitiveness of Collier County
and of course we'll be needing to gauge the operations against some
desired measures of success. They're both quantitative and qualitative
in nature.
We're going to build an internal team. And by the way, that term
is complete. We have a director and economic research analyst and an
administrative assistant. We'll be working in conjunction with a local
partnership. We're in the process of establishing a partnership with the
Chamber and the county. And there are multiple layers of other
groups within the community, particularly Collier County, that are
very instrumental in fulfilling that, our obligations.
And I will make note of the fact that we have a constructive
suggestion to make certain that we're including more notably our CRA
partners and the Airport Authority as very critical rolls in the
economic development of Collier County.
Expanding out from the local jurisdiction, we're looking toward
expanding partnerships with the region, with our partner counties.
That will include the five counties including Collier, including the
Florida Gulf Coast University and other higher educational
institutions, particularly those located in Collier County.
Our state partnerships between Enterprise Florida and the
Department of Economic Opportunity are also going to be equally
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important, making certain that our competitiveness in relative terms is
maintained and enhanced.
This is a basic outline from a visual perspective of what the
structure will be. You can see the office, the local partnerships and
the regional partnerships.
The tools will consist of a strategic plan that's going to be
coordinated with our local partners, particularly the relationship that
we're establishing with the Naples Chamber. And there'll be a
five-year -- resulting five-year strategic plan that will be driven by
data and analysis.
We'll also be continually focusing on nurturing the business
climate in Collier County by making certain that we have an even
more efficient regulatory process at all different governmental levels.
And I've also been reminded and am quite familiar with working with
outside agencies beyond the county's regulatory processes, including
state and federal agencies as well.
We will be establishing a site database, and being familiar with
the information that that will reveal we'll be able to chart the path for
making certain and ensuring that there is suitable land that's available
for the types of jobs that we want to create in Collier County.
Other tools will include incentives that will be certainly adopted
by the Board of County Commission. We're expecting to bring forth a
battery of incentives very soon, most notably probably next Board
meeting, the 24th. Those are going to be consisting of our basic
industry growth incentive program; obviously a participation in the
state's QTI local match -- excuse me, state's QTI program, which will
require our participation in the form of a local match; and an
additional program that will be aimed toward advancing our long-term
productivity strategy.
Other tools will include a business retention program, a business
recruitment program, international trade concentration and focus, and
we'll be certainly collaborating with the partnership to create the right
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kind of marketing effort that will certainly provide our approach and
our efforts with the right kind of prospects that we can target and that
will build the kind of community that we all want to see.
In addition, we certainly understand one of the best practices
that's become quite standard in the economic development toolbox is
making certain that we have an incubator and accelerator opportunities
for the entrepreneurial climate in our community.
I believe we have had some discussions with some of our local
partners to the level of how we can posture Collier County with its
special attributes, unique to the state, and how we can manage those
attributes and leverage them to help us with not only domestic types of
startups but also international types of companies to develop a soft
landing approach that we believe will help us round out our
diversification efforts and make us a completely competitive
environment and choice for the right kind of capital.
We built a matrix into the business plan that will describe some
of the business quantified achievements, and tried to establish some
targets. This is a work in progress. We can certainly adjust this and
move this as needed. But these are definitely establishing a
benchmark and basis for us of what we're going to be measuring and
looking at and how we can judge what our performance has been.
The regulatory reform and rephrasing that to include regulatory
monitoring to make certain that we're focusing on the projected
business climate that Collier County puts forth, which is significant,
plays a significant role in site selector decisions. So we'll be also
looking at how we can make that process more friendly.
We'll also be focused on making certain that we have sufficient
organizational capacity, which I can attest that from an economic
developer's perspective you don't really know exactly what's around
each corner. By having some institutional capacity, it allows us to
have latitude and expertise and flexibility to be able to meet the
challenges that we really don't know about that could come at any
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time.
We also are going to be focused on developing consensus in
establishing a stronger level and basis of community support. And I'm
hoping that we've had some valid and fruitful discussions and
suggestions from individual commissioners, and we look forward to
working through on those commitments and making certain that we're
reaching out to the community and building and establishing that
support and consensus.
As a detail, I think you can see that we've charted and tried to
quantify and articulate exactly when these -- when the expectation of
some level and degree of success could be achieved on each of these
items. And that's, as you see, is a work plan that has highlighted some
of the action steps and some of the absolute nature of the timing for
some of these projects.
So with that, I believe I'm in conclusion, and wanted to make
certain that you understand that this has been a high level effort to
make certain that we are institutionalizing our economic development
approach for Collier County, and we stand ready to follow direction of
the Board and I'm ready to answer any questions you might have.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
On one of the pages, the economic indicators, you had mentioned
level of difficulty. And then under level of action to achieve you
mentioned ambitious and aggressive.
I do know what ambitious and aggressive means, but how do you
-- how would you define those? And is there a third one in that isn't
there?
MR. REGISTER: Well, we certainly will take any suggestions
that you have, Commissioner. But the general notion is that
aggressive may be a reach, ambitious may be something that's
achievable and that will require some effort and some concentrated
focus, but it's really that ordinal approach.
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September 10, 2013
COMMISSIONER FIALA: Great. Okay, thank you very much.
And the second question I have, or more or less a statement, I
mentioned it to you in my office, but I'll just mention it again.
One of the things it talks about is regulatory reform and
permitting. And I spoke with Bruce about this. Our growth
management department has done such an excellent job. I would say
they've moved about 400 percent to the better for their permitting
activities. But there are still other agencies out there that could use
your assistance. As I mentioned to you, for instance, you know, we
have the state agencies and the federal agencies and the conservation
agencies, as -- and water and sewer and fire.
So I think as you get your feet wet, I think our growth
management division will be delighted that you've can help get the
rest of those permits in place.
CHAIRWOMAN HILLER: And actually I think you make a
very good point, Commissioner Fiala. Because the issue is not Collier
County delivering permits expeditiously and in a professionally
consistent manner, but the other agencies that hold up development in
Collier County.
Since County Manager Ochs placed Mr. Casalanguida in charge
of growth management, there is a paradigm shift in that division. It
basically went from hell to heaven.
So I would hope that you're not going to spend any time, you
know, involving yourself on our side of the equation, as
Commissioner Fiala said, because I know that Leo obviously is doing
a really great job in managing that. So I would see that as an
unnecessary effort. But definitely an effort that ought to be directed to
the outside agencies.
MR. OCHS: Absolutely, Commissioner. And let me just say,
and Bruce did include regulatory reform --
CHAIRWOMAN HILLER: Right.
MR. OCHS: -- as well as permitting. And what I'm hearing is
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something that we've also talked about, is even when the permitting
becomes very efficient, there are still opportunities even in our own
Land Development Code and Comp. Plan to continue to work with the
business community to refine those and bring back recommendations
CHAIRWOMAN HILLER: But I'm not sure that that's the role
of Mr. Register. He doesn't have the background in land development,
or shouldn't be involved in land development. We have a whole land
development staff that should be working with the development
community on development issues. That's the whole purpose of
DSAC.
So I see an overlap that doesn't make a lot of sense to me
strategically. The bottom line is you don't have a giant step. I mean,
you've got three people. And to spread yourself into an area where
you don't need to be because we already have an advisory Board, we
already have staff working with the development community, is
spreading yourself thin unnecessarily.
You have an obligation to bring in businesses and create new
jobs. And you very nicely have set numerical thresholds for yourself.
That's what you should be focusing on. I can't see where you have the
time to get into regulatory reform at the county level, let alone through
any other agency when you need to bring in companies --
MR. OCHS: Commissioner.
CHAIRWOMAN HILLER: -- and bring in jobs.
MR. OCHS: And the reason I'm answering that is because I'm
the one that asked Bruce to make sure that he includes a component of
regulatory and permitting within the entire scope of economic
development, because it is a component and it is a factor that impacts
economic development, certainly.
But you're right, the vast majority of that work is being done and
will continue being done by Nick and his shop. Bruce, through his
contacts through prospects, may be asked questions or may be asked
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to be the point of contact to take issues back to Nick and his staff to
help work on behalf of an individual project.
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: And that's really -
CHAIRWOMAN HILLER: Got it. That clarification makes
sense.
MR. OCHS: That's potentially --
CHAIRWOMAN HILLER: And in fact I'm working on a
company right now where I've met with you and Bruce where that
happens to be the issue. And Nick was invited --
MR. OCHS: And that was the intent --
CHAIRWOMAN HILLER: -- and that company needs some
help, you know, or expedited permitting or whatever the case may be.
But not to start engaging in --
MR. OCHS: No, no, we're not initiating an internal review --
CHAIRWOMAN HILLER: Or regulatory reform.
MR. REGISTER: I think it's passive. Because, Commissioner,
just for clarity sake, part of the role -- one of the most -- I think a very
significant role in economic development is acting as a liaison through
a regulatory process to all the prospects.
I can't help but understand and learn the process while it's
occurring. And I'm just going to naturally and in a passive sense
understand where some of the glitches are.
CHAIRWOMAN HILLER: Sure.
MR. REGISTER: And that's what I think the County Manager's
referring to is I'll have a different perspective and a very unique perch
to be able to make those observations.
CHAIRWOMAN HILLER: Of course.
MR. REGISTER: And that's really all we're talking about.
CHAIRWOMAN HILLER: That makes sense. That's very
logical.
Commissioner Nance?
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COMMISSIONER NANCE: Commissioner Coyle was first.
CHAIRWOMAN HILLER: Oh, I'm sorry. Commissioner
Coyle?
COMMISSIONER COYLE: You go for it.
COMMISSIONER NANCE: Go ahead, Commissioner Coyle.
CHAIRWOMAN HILLER: Age before beauty.
MR. REGISTER: The County Manager is trying to get a good
value from me.
CHAIRWOMAN HILLER: Yeah. I get it. Squeeze. The big
squeeze.
COMMISSIONER COYLE: One of the things we've talked
about before, and in fact one of the things the Board has approved in
the past is the creation of pre-zoned properties for target industries.
Now, the advantage that provides us is that if we can pre-zone some of
these things and we can get state and federal permits already
processed and have it available for target industries, we can cut the
permitting process dramatically and provide the companies that meet
our requirements with an opportunity to move into pre-zoned property
and begin their construction very, very quickly.
Now, that isn't clearly spelled out here, although you do talk
about site database and suitable land determination. But we're never
going to get that done unless we get much more specific than that.
And we've had that on the books now for five years or so, and we
really need to begin to get that moving.
So if you need a plan, I would suggest we start working on one
pretty quickly, because that is probably the most valuable thing you
can provide to someone who wants to come here and start a business
is pre-zoned shovel ready land for them to acquire. And I think we
can really get a jump -- we will probably never be able to streamline
the state and federal permitting process. But if we can begin to
preapprove stuff then it will put us way, way ahead of the power
curve. Thank you.
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September 10, 2013
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yeah, Commissioner Coyle, I
think that's very intuitive. I mean, you know, we've seen Barron
Collier Company in the RLSA do that on a private level with a great
deal of success. I think that's a wonderful idea. And we've got
enough big property owners in this county in the areas where growth
is projected that we should have some good partners to move
something like that forward.
But I just wanted to make one comment. Getting back to the
comment about you and the business climate and regulatory reform, I
believe that indeed, sir, you are in a very unique position to point us in
the right direction from a functional basis. And, you know, although it
doesn't need to be part of your core mission, I think the feedback that,
you know, that we get from you in those areas should be put right at
the top priority. Because it's going to be real and it's going to be
current, so it's going to give us an opportunity to just cut right to the
chase because you're going to be hearing it from the horse's mouth.
So I hope that, you know, you'll allow yourself some time and
latitude and some mechanism that we can utilize that strength.
MR. OCHS: Yes, sir. There's a reason why Bruce and Nick and
Jack Wert are all just down continue hall.
COMMISSIONER NANCE: Yeah, when they whistle in Mr.
Register's ear, that's like E.F. Hutton, it's going to mean something,
you know.
CHAIRWOMAN HILLER: All right, I'm going to make a
motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We have a double second. All
right, I'm going to give it to Commissioner Fiala, because you've been
too nice to Commissioner Coyle today and I don't like that.
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September 10, 2013
COMMISSIONER COYLE: Gender discrimination?
COMMISSIONER FIALA: Yes, that's what it is.
CHAIRWOMAN HILLER: Totally gender discrimination.
COMMISSIONER FIALA: You bet it is.
CHAIRWOMAN HILLER: Yeah, totally that.
COMMISSIONER FIALA: Nothing wrong with that.
COMMISSIONER NANCE: To think I thought about bringing
chocolate.
CHAIRWOMAN HILLER: Wait a second. I just want to say,
we lost -- the girls lost the last time, we're winning this time.
All right, so there's a motion by me, a second by Commissioner
Fiala to approve as presented. All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER FIALA: I think our reporter --
CHAIRWOMAN HILLER: Oh, we need a break, 10-minute
break. And then we have the last item, which is the airport and
general communications.
MR. OCHS: Ten minutes, Madam Chair?
CHAIRWOMAN HILLER: It's up to our reporter.
THE COURT REPORTER: Five minutes is fine.
CHAIRWOMAN HILLER: Five minutes? All right, then five
minutes it is. So we will be back at 3:45.
(Recess.)
CHAIRWOMAN HILLER: We are back in session.
And as soon as I have one more warm body, I'm making a
motion. Oh, yes, motion to approve.
COMMISSIONER FIALA: Wait a minute, wait a minute.
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Item #14A1
AUTHORIZATION FOR THE COUNTY ATTORNEY TO SEND
A 30-DAY WRITTEN NOTICE OF TERMINATION TO GREG
SHEPARD FOR HIS REFUSAL TO ALLOW THE INSPECTION
OF HIS PREMISES, AND SHOULD MR. SHEPARD FAIL TO
CURE THE BREACH WITHIN THAT TIME, TO FURTHER
AUTHORIZE THE COUNTY ATTORNEY TO TAKE
WHATEVER ACTION IS NECESSARY TO REMOVE MR.
SHEPARD FROM THE PREMISES AND TO SEEK
APPROPRIATE DAMAGES — APPROVED
CHAIRWOMAN HILLER: All right, the next item on the
agenda is 14.A.1. County Manager?
MR. OCHS: That's correct. Yes, ma'am. 14 -- 14.A.1 is -- this
mic's going bad -- is a recommendation to authorize the County
Attorney -- it's a recommendation to authorize the County Attorney to
send a 30-day written notice of termination to Greg Shepard for his
refusal to allow the inspection of his premises. And should Mr.
Shepard fail to cure the breach within that time, further authorize the
County Attorney to take whatever action is necessary to remove Mr.
Shepard from the premises and to seek appropriate damages.
This item was brought forward by Commissioner Henning.
CHAIRWOMAN HILLER: And I'm going to make a motion to
approve as stated to direct the County Attorney to take the action
necessary, pending --
COMMISSIONER HENNING: Will you accept a friendly
amendment?
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER HENNING: Also to -- I mean, the County
Attorney has a letter in there. There's other provisions in the contract
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that I was told that are not being agreed to. That all the provisions
within the contract need to come to current.
CHAIRWOMAN HILLER: Right. I mean obviously, that's a
very absolute fair amendment.
COMMISSIONER HENNING: I'll second it.
CHAIRWOMAN HILLER: Thank you.
Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRWOMAN HILLER: The next item on the agenda is staff
and Commission and general communications.
Mr. Ochs?
MR. OCHS: Commissioners, I have nothing specific for the
Board today, thank you.
CHAIRWOMAN HILLER: County Attorney?
MR. KLATZKOW: I have about as much as Leo has.
MR. OCHS: Wow, you guys are so exciting.
Commissioner Fiala?
COMMISSIONER FIALA: Do you want to start at that end?
COMMISSIONER HENNING: No.
COMMISSIONER FIALA: Okay, we can start --
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COMMISSIONER HENNING: No, it's ladies against the guys.
CHAIRWOMAN HILLER: It's so unfair.
COMMISSIONER FIALA: Okay, I already mentioned one and
that's why not by our own dredge.
Another thing I brought up, as we were reading all through this
consent agenda, there were a lot of items regarding affordable
housing. So I just wanted to check with everybody one more time.
Are we in the affordable housing business or are we out of it?
CHAIRWOMAN HILLER: And that's a very good question.
We are not in the acquisition/remodel affordable housing
business. But as a Board we have not as a matter of policy decided to
turn down those federal and state funds that come to the county for
down payment assistance and items like what we talked about this
morning. So that's my understanding of our policy direction.
COMMISSIONER FIALA: Okay. And then let me take it one
step further. Some of the monies that we get in, like CDBG funds that
can be used for anything, I would love to see some of those funds used
for -- and any other type of funding that we get from governments that
would help some of the children of the affordable housing families.
For instance, we have all of these pre-K classes. Well, a lot of times
there isn't enough money to build a classroom or to hold the
classrooms. Maybe they would be something we could target our
money toward.
Another thing that I was thinking was we have the Learning
Coalition. You know, things that can actually help the kids. Because
right now we're not in such a need for affordable housing but we sure
do need programs for the children.
CHAIRWOMAN HILLER: Yeah, there's no question about it.
And Leo, maybe could you explain with the funding --
considering the funding sources that we have access to, you know,
what we can use that money for outside of housing as we used it in the
past. And give us those alternatives. Maybe send that to us in an
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informational memo that we can consider that as we make our
selection for future programs.
COMMISSIONER FIALA: Just like Big Corkscrew Park. You
know, some of those funds could be used to start building that park or
outfitting what we have there.
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: And we're very happy to do that analysis, and we'll
give you a complete inventory of all the potential eligible uses on all
of these state and federal grants.
CHAIRWOMAN HILLER: That would be great. Thank you.
MR. OCHS: Thank you.
COMMISSIONER FIALA: Good. And two more questions.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER FIALA: That's why I didn't want you to have
to take me.
First. But this one, and it's more or less targeting Commissioner
Henning, because he knows this subject more --
CHAIRWOMAN HILLER: I like the word target. We're
targeting you, Commissioner Henning. Raise the deflector shields.
COMMISSIONER FIALA: I got one call --
COMMISSIONER NANCE: Make sure Coyle hears this so he
can --
COMMISSIONER FIALA: I got one call from a captain, a boat
captain, and he was saying that the spear fishing that we had proposed
for lionfish seems to be extending further and he thought maybe it was
not -- it was interrupting the fishing business because now people are
spearing fish. And he said it wasn't only confined to lionfish, it was
going beyond their -- they can spear any fish.
So then I checked with the County Attorney who said really it
just doesn't keep them to lionfish. It does allow them to spear any
kind of fish.
And so I know when we voted on it, I didn't think that was the
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case because the lionfish were the ones that were the bad guys and
hurting our fish population.
So I thought maybe we could --
COMMISSIONER NANCE: Isn't that highly regulated, the
spear fishing? I think the fish and the type of fish, Commissioner
Fiala, are highly regulated. I'm not -- you know, I don't think you can
spear snook and, you know, game fish.
COMMISSIONER FIALA: Well, actually, that's what I thought
too. I thought that's what we just --
COMMISSIONER NANCE: We need to look into that.
COMMISSIONER HENNING: No, it is regulated by Florida
Fish and Wildlife. You are -- you can spear fish -- spear certain fish.
COMMISSIONER FIALA: Right.
COMMISSIONER NANCE: You can't spear all fish.
COMMISSIONER FIALA: Right.
COMMISSIONER HENNING: And there has to be so much --
so many distance away from a beach and a inlet.
COMMISSIONER FIALA: You are absolutely on target. That's
exactly what the County Attorney said to me.
And I had another call from somebody else that said no, we like
the spear fishing. And I thought in case that would be something all
of you would like to talk about or discuss or even have a staff going to
research and bring back to us, fine. And if you say no, that's fine too.
I just wanted to follow through on those.
COMMISSIONER HENNING: Well, here's what it is going to
provide. It's going to provide like they do down in the Keys, it's going
to provide a different aspect of tourism. I think we were the only
county in the State of Florida that banned spearfishing, okay.
COMMISSIONER FIALA: Right.
COMMISSIONER NANCE: My personal belief is why do we
have to regulate everything. And it's working in the rest of the State
of Florida.
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The urgency was the lionfish, I grant you. It was the urgency.
However, I was going to bring an item in the future to be like the rest
of the State of Florida.
COMMISSIONER FIALA: Okay. And see, I don't have an
opinion one way or another. I'm just bringing it forward because I
was contacted by a couple of constituents.
COMMISSIONER NANCE: You know who can really help us
with that and who's an acknowledged expert is Brian Flick, who's our
extension director at the University -- he's a marine fisheries guy that
used to be down at Rookery Bay. So, I mean, if you want to have him
come and give a presentation on, you know, what it does for us
economically and everything else, I'm sure he's very supportive of
Commissioner Henning's initiative on that, and he can really tell us
what it did does.
As a matter of fact, there's a tremendous interest on reefing a
ship. You know, the people that are interested in getting vessels that
are available. Because people like to dive. And I think some of them
are utilized for spearfishing. You know, I think they designate them, I
don't think they try to get people to dive and spearfish on the same
wreck. But maybe they do, I don't know.
COMMISSIONER FIALA: Well, I'll just wait until
Commissioner Henning said he was going to be bringing that up to in
the future anyway. I'll just wait.
COMMISSIONER HENNING: No, I'm sorry, I probably
misspoke. I was going to bring it up to allow spearfishing in Collier
County like the rest of the community.
COMMISSIONER FIALA: Right, you did say that. So we can
just combine this all together, if you'd like.
COMMISSIONER HENNING: Sure. You want a little
education about spearfishing?
COMMISSIONER FIALA: Yeah, because I don't know
anything except you use a spear and it's with a fish.
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COMMISSIONER HENNING: Can I bring my spear gun in,
Sheriff.
COMMISSIONER NANCE: Can we work that into the dunk
tank thing? I want to see Commissioner Fiala spear a fish in the dunk
tank.
COMMISSIONER FIALA: I'm collecting the money. I'm
collecting the money, remember that.
COMMISSIONER HENNING: I've got a double banded loader
spear gun.
COMMISSIONER FIALA: Oh, my goodness.
My last --
CHAIRWOMAN HILLER: I'm not feeling any love right now,
I'm just going to say that on the record.
COMMISSIONER NANCE: She's feeling beat up --
CHAIRWOMAN HILLER: I am.
COMMISSIONER FIALA: I'm collecting the money.
CHAIRWOMAN HILLER: Are you going to collect the
money?
COMMISSIONER FIALA: Yeah, I am.
CHAIRWOMAN HILLER: Okay. Then start with the guy
sitting next to you.
COMMISSIONER FIALA: Now, the last thing is --
CHAIRWOMAN HILLER: Make him pay 2,000. Then we'll
give him the first hit.
COMMISSIONER FIALA: Three of the items --
COMMISSIONER COYLE: I'll bring along a cattle prod. Once
she goes in the water, I'm going to --
CHAIRWOMAN HILLER: I'm telling you.
COMMISSIONER NANCE: In is taking a bad turn.
CHAIRWOMAN HILLER: This is taking a very bad turn.
COMMISSIONER FIALA: The last item on the agenda that I
wanted to discuss was we approved on this agenda item three different
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applications to apply for grant funding for the three different airport
runways, and I have a sneaky suspicion that we're going to get all
three of those. But I'm thinking we have an airport director here who's
applied for it. And if we get this and if it does total $12 million, as it
might, which is more money than we've ever had in the existence of
our airports, all in one year to boot, who are we going to get to
manage them unless we keep our airport director here with us? That's
my question.
I'm hoping that we just keep his -- I hope we extend his
employment agreement at least another year.
CHAIRWOMAN HILLER: There being no discussion on that
point, Commissioner Coyle, would you like to talk about whatever
you want to talk about?
COMMISSIONER COYLE: I have absolutely nothing I want to
communicate to you.
CHAIRWOMAN HILLER: Nothing. Oh, my goodness.
COMMISSIONER NANCE: You have not dispatched your
responsibility as Chairman if Commissioner Coyle has no further
comment.
CHAIRWOMAN HILLER: I know. Where's that spear gun --
COMMISSIONER NANCE: Beating you up has obviously been
self-satisfying.
CHAIRWOMAN HILLER: Really. I'm serious. Totally
satiated. It's terrible.
Okay, Commissioner Henning?
COMMISSIONER HENNING: Real quick, the U.S. Treasury
did approval the rules and published them for the disbursement of the
BP money. And I looked at that and it looks I think very favorable to
the State of Florida.
CHAIRWOMAN HILLER: That's great.
COMMISSIONER HENNING: And I forwarded that to the
County Manager's staff for their review.
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But one thing it does provide that we wasn't sure that it would is
the investment that each of the counties are making in preparing and
submitting --
CHAIRWOMAN HILLER: Proposals.
COMMISSIONER HENNING: -- proposals and the staff time
associated with that and the public hearings, staff time and stuff like
that. That is in the rules.
COMMISSIONER NANCE: We need shovel ready programs?
COMMISSIONER HENNING: No, these -- some programs will
be managed over a period of years. And there will be oversight. Of
course the Clerk and whatever monies that we receive, they'll be going
over it. And also the rules from the Treasury or NOAA or whoever
we get those from.
And also the Treasury Department will be auditing. So there will
be a double audit on that.
COMMISSIONER NANCE: Well, correct me if I'm wrong, but
didn't the Board already pretty much agree that we were all interested
in focusing those expenditures on resource and environment related
dilemmas and problems and projects that we had, or did we get into
that yet?
COMMISSIONER HENNING: We haven't got into it, but the
majority of it will, Commissioner Nance.
But there's opportunities. And the Treasury recognized it. I
think everybody recognized it as opportunities for tourism. Economic
development is another one.
CHAIRWOMAN HILLER: That's right.
COMMISSIONER HENNING: Yeah, I mean it's -- but we will
definitely have environmental projects.
COMMISSIONER NANCE: We should talk about that.
COMMISSIONER HENNING: And that's going to come to us.
There's Deborah White, Jack Wert and others are on this panel.
COMMISSIONER NANCE: Didn't we encourage everybody to
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kind of think about that at one point?
CHAIRWOMAN HILLER: The staff is going to come back --
COMMISSIONER HENNING: Staff is going to come back to
us with the public's proposals.
This is really being driven by the public. However, staff is
submitting proposals not only on this but other pots of money
associated with that.
COMMISSIONER NANCE: I think the environmental groups
have already --
CHAIRWOMAN HILLER: Yeah, they have.
COMMISSIONER NANCE: -- they're already on it.
CHAIRWOMAN HILLER: They are.
COMMISSIONER HENNING: Yeah.
So anyways, now we're going to start to move a lot quicker with
the Gulf Coast consortium, and we're going to start to look at some of
those projects.
I was very excited about -- with the governor announcement on --
I think it was the 70 or $90 million fix to direct the flows of the
Caloosahatchee further south into the Everglades.
That -- and I was down to the Keys this summer and I've never
saw this before, but the algae blooms on the reefs were unbelievable.
And the visibility was terrible. So I'm hoping --
COMMISSIONER NANCE: The intent and the issue of
retention of freshwater everywhere and in Collier County is going to
loom larger and larger and larger. And when some of the EPA
standards on water quality start to hit us, watch out.
COMMISSIONER HENNING: Well, the water quality is
important so we don't get pollutants into places of our estuary system
and Florida Bay.
COMMISSIONER NANCE: If we can't manage the quantity,
we can never manage the quality, that's for certain.
COMMISSIONER HENNING: If we can restore --
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COMMISSIONER NANCE: You need to fix that, Dr. George.
You need to take care of all those things, okay?
COMMISSIONER HENNING: If we could --
CHAIRWOMAN HILLER: Always remember, the solution to
pollution is not dilution.
COMMISSIONER HENNING: Right. If we could somewhat
restore the loading into the Everglades, I think the Everglades will
take care of itself into Florida Bay into Ten Thousand --
COMMISSIONER NANCE: Get it going where it's supposed to
go --
COMMISSIONER HENNING: -- Islands.
COMMISSIONER NANCE: And spread it.
COMMISSIONER HENNING: Yes.
That's all I have.
COMMISSIONER NANCE: That's good news.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I just have two things.
Mr. Ochs, maybe I overlooked it but did we have a workshop
schedule that you -- did I overlook where you delivered that to us or is
it hiding somewhere? Where is it?
MR. OCHS: No, sir, I inadvertently omitted that from your
packet. It's the same one you had the last time you saw it on your
Board packet before you went on break. It hasn't changed. That is
your workshop meeting dates, and the items scheduled for each one of
those three workshops for October, November and December. I'll
make sure the Board gets a fresh copy of that this afternoon.
COMMISSIONER NANCE: Thank you very much.
And one other thing I'd like to mention, and I'm sure everybody
is acutely aware of it in every district in the county, and that with the
heavy and sustained rains we've had this summer, we have got
numerous and many surface water drainage and management
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programs everywhere, from high end developments all the way out to
the eastern part of the county.
The difference is in the eastern part of the county, in places it has
impacted some private and non-maintained roads that have caused
safety emergencies that somehow we're going to have to contend with.
Now, Lee County has a program exactly like the one we used to
help Commissioner Hiller with Pine Ridge today and that is declaring
an emergency and then taking some action in the situations where
health and safety and first response and law enforcement are not able
to reach citizens or citizens are not able to get to their homes and so
forth.
So I would like to request that the Board endorse authorizing Mr.
Casalanguida and the County Manager to go in and try to come up
with some sort of a program where we can go in there and -- develop a
program where we can go in and come up with a treatment for these
roads that helps us get past an emergency if it doesn't obligate the
county to massive amounts of expenditure. This is something that we
don't want to create a precedent because we've got unfortunately, for
better or for worse, we've got dozens of private roads. So what we
need is we need a program to handle the emergency. But we also need
a follow-up program so that we understand what we can do to
stimulate these private landowners and these people that take care of
their own roads to develop their own -- or apply for their own MSTUs
or have the county impose one on them that's fair and equitable.
We need to examine what opportunities we have, Mr. Klatzkow.
I don't know what sorts of options we have. But we need to stimulate
these people. In other words, in giving them relief, we don't want to
encourage bad behavior and incur massive costs to the county.
Because it can be, you know, it can be a lot. You know, we've got
examples like Rock Road where we went and did emergency repairs
where the people followed up with MSTUs that are going to have a
real positive outcome. One day they'll have their own -- you know,
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they'll have their own road paved and it won't be at the county's
expense.
But Mr. Casalanguida, do you have any comments on that? I
mean, what -- is that fair to say that you could come up with some
mechanism that we could employ to get us out of this dilemma? Do
the right thing without --
MR. CASALANGUIDA: Sure. For the record, Nick
Casalanguida.
We researched what Lee County did and they had the same
similar situation. They have an all hazards ordinance where the
Bureau of Emergency Services goes out and does an inspection of the
road, and if an emergency vehicle can't get down there they bring the
item to the board in conjunction with their DOT and they do a spot
repair. And it is a minimal repair. It is only enough to fill in a two or
three or four-foot pothole. Not -- they don't grade the road, they just
make it so an emergency vehicle can get by. And they used -- their
litmus test was a brush buggy.
CHAIRWOMAN HILLER: But do they do that on private
roads?
MR. CASALANGUIDA: They do.
CHAIRWOMAN HILLER: On private and public roads.
MR. CASALANGUIDA: It's private roads and -- public roads is
covered. But for private roads they have to declare an emergency, like
was done today.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER NANCE: Commissioner Hiller, this was
precipitated by a circumstance we had where an individual had a heart
problem, called EMS and EMS went out there and the EMS vehicle
was actually damaged trying to respond to the citizen.
CHAIRWOMAN HILLER: No, that makes sense.
COMMISSIONER NANCE: So, you know, we're getting
feedback. Not only are we getting complaints from the citizen saying
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help me, help me, you've got to do something, we're getting
complaints from the fire district going hey, you know, I'm dispatched
to this citizen and here I -- you know, I've got damage to our property.
MR. CASALANGUIDA: Right.
I think the second part of that, Commissioner, is important.
Because I think like you had stated, I think you want to incentivize
them, okay, we'll do this in an emergency, but we've identified this as
a problem, you know where you live. You know, that MSTU is
important. If they're not willing to do it, having the Board come
forward and propose an MSTU and saying we're going to set up a
minimal funding source to keep these minimally graded. And I think
that would probably give the rest of the Board members some comfort
that this --
COMMISSIONER NANCE: Well, in response to the
circumstance, you know, I've contacted the civic associations and I've
told them, hey, you know, it's time for you guys to step up and take
responsibility for the situation, we can't have it like that. So there's a
lot of things in motion. I believe we may hear from them at the next
meeting saying, you know, what they're going to do.
But, you know, I would seek the approval of the Board to have
Nick spend a little time with the County Attorney to put something
together for your consideration in a not too distant future meeting.
CHAIRWOMAN HILLER: I totally agree with that.
Just copy what Lee County has done.
MR. CASALANGUIDA: I think we'll bring you some ideas. I'll
work with the County Manager and the County Attorney and make
sure we get something back --
COMMISSIONER NANCE: In the meantime, I'll get you in
contact with everybody out there. Because they're scrambling right
now, because they think we're going to go out there and --
MR. CASALANGUIDA: Yeah, without --
COMMISSIONER NANCE: That's okay, they think that we
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can, so that's okay.
MR. CASALANGUIDA: Very good, sir.
CHAIRWOMAN HILLER: Are you done?
COMMISSIONER NANCE: Yes, ma'am.
CHAIRWOMAN HILLER: Awesome.
First thing I need to find out -- well, actually let me restate.
Aisling, welcome. We have a new government reporter from the
Naples Daily News. We're delighted to have you felt. And we want to
know, did Katie have her baby?
MS. SWIFT: No.
CHAIRWOMAN HILLER: Not yet? Where is she in the --
MS. SWIFT: She's probably watching. In the next two weeks.
CHAIRWOMAN HILLER: Next two weeks?
Is it going to be a boy? Do we know?
COMMISSIONER NANCE: Well, you outed her, so you're
already on her bad list.
CHAIRWOMAN HILLER: Yeah. But I was just wondering.
Let me give you some recommended names.
COMMISSIONER NANCE: Georgia.
CHAIRWOMAN HILLER: Tim -- if it's a boy, Tim. Tom. Let
me see.
COMMISSIONER FIALA: Leo.
CHAIRWOMAN HILLER: Leo. Whatever his name is, skip it.
COMMISSIONER NANCE: You've driven Commissioner
Coyle away.
CHAIRWOMAN HILLER: My guess is that this baby will
likely be born before our next meeting, based on what I'm hearing, and
if that's the case we want to wish her all the best. And tell her we can
hardly wait to get invited to the post baby delivery shower. We'll do a
proclamation for her. We'll do a proclamation for the new baby. For
baby Albers.
So welcome on board. And if there's anything we as a board can
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do to help you make your job easier, we are more than there for you,
unlike for Brent Batten. So I'm just saying that, qualifying that for the
record. We love you, Aisling.
COMMISSIONER FIALA: I don't think Brent's having a baby.
CHAIRWOMAN HILLER: Well, maybe he should. Maybe
that's the problem. He's just having cows, that's all.
MS. SWIFT: He has a baby boy.
CHAIRWOMAN HILLER: Well, congratulations again for
getting to speed. It's a lot of fun and --
MS. SWIFT: I'm just babysitting.
CHAIRWOMAN HILLER: Oh, are you? Oh, she's going to
come back?
MS. SWIFT: No, they're hiring.
CHAIRWOMAN HILLER: Oh, are they really? Well, maybe
they'll put someone else in some other --
MS. SWIFT: Maybe this one.
CHAIRWOMAN HILLER: Oh, really? Well, that's interesting.
Well now we're getting the inside scoop. See, I'm glad I raised it.
So anyway, for the time that you're here, we're glad to have you.
You're a good reporter.
The one issue that I want to bring up that's very serious is what
the community can do with respect to their properties to help alleviate
the very serious flooding problems we're having in so many of the
neighborhoods.
First thing is, the tertiary system, which is basically the swale
system and the canal system, is extremely important. You know,
we're flat, and so our problem is the water isn't flowing downhill and
getting away from us, it's just being recirculated among all the
different neighborhoods. And obviously until it percolates down or
evaporates up, it has nowhere else to go but, you know, your front
lawns and back lawns and our roads.
So to that end, if you can help by making sure you've got swales
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that are open, that you don't cover up your swales with your own
chosen plantings, please make sure that your culverts under your
driveways are free flowing. If you have any problems and you have
any questions about your culverts and whether they conform to our
standards, we have an outstanding department that does nothing but
specialize in culverts and right-of-ways, and so you can contact the
County Manager, Leo Ochs, and he'll be happy to put you in touch
with our county engineers who can help you get your culvert modified
or cleared, if you have a problem with that.
It is extremely important that we all work together to keep our
tertiary system flowing. Because without that our neighborhoods are
going to continue to be flooded. So if the county stops by your home
and asks for your help in that regard, please don't view it as an affront
but rather as being a good neighbor and cooperating to make this a
better time than it has been.
COMMISSIONER HENNING: Well said, Commissioner Hiller.
CHAIRWOMAN HILLER: Well, thank you. Thank you. I
appreciate that.
COMMISSIONER NANCE: I'd like to make one comment.
CHAIRWOMAN HILLER: Just a second, just a second.
(Blowing a kiss.)
CHAIRWOMAN HILLER: Because, I mean, that was like --
well, good. Can you get that on the record?
So what you do is you, you know, parenthetically you say for the
record, Commissioner Hiller just blew Commissioner Henning a kiss
because she was abused by him all day and had to somehow show,
you know, that notwithstanding she still had just a little space in her
heart left for him. But not much, okay, it's shrinking.
COMMISSIONER NANCE: That whole makeup thing
everybody claims is so good, is that what that just was?
CHAIRWOMAN HILLER: Yeah, absolutely. My goodness.
COMMISSIONER NANCE: In that line, I will make one more
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pitch to planning and Land Development Code to consider going out
in Golden Gate Estates and letting some of the people with two and a
half acres and more have some on-site water retention. You know, we
did away with ponds years ago in the Estates because we thought
people were in the dirt and fill selling business. There are many
people with larger parcels out there that would gladly like to have a
little pond or take some dirt out for a little project or something. And,
you know, I think those on-site water retentions have utility in our low
density rural residential areas. And I think doing away with that and
discouraging that has been a big, big mistake. I would say we should
take a look at that and see if we can -- you know, if we can encourage
people to do it, we might be able to save a lot more of that water than
you think.
COMMISSIONER HENNING: And the tax --
COMMISSIONER NANCE: Free to the taxpayer, you know,
yes. It's not going to cost us a nickel as long as we, you know, get it
done in the right way.
CHAIRWOMAN HILLER: I'm not going to let you have any
more ideas. You're done. That's it. No more work. You can't have
another good idea.
COMMISSIONER NANCE: I don't get one of those blown
kisses, or --
CHAIRWOMAN HILLER: Okay. (Blowing a kiss.)
COMMISSIONER NANCE: There we go.
CHAIRWOMAN HILLER: No, but I have to concluded this
meeting by saying that it's really been a pleasure. Commissioner
Fiala, I just want to say I really enjoyed working with you today. And
with that I'm going to say meeting adjourned. And as for you boys, no
comment.
COMMISSIONER NANCE: We're on double secret probation.
CHAIRWOMAN HILLER: Absolutely.
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**** Commissioner Henning moved, seconded by Commissioners
Fiala/Nance and carried unanimously that the following items under
the Consent Agenda be approved as amended ****
Item #16A1
EXTENSIONS FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH THE REFLECTION
LAKES AT NAPLES PHASES 3F, (AR-7826) 3G, (AR-7776) AND
3K, (AR-7827) SUBDIVISIONS PURSUANT TO SECTION
10.02.05 B.11 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE — PHASE 3F IS EXTENDED TO APRIL
25, 2014 AND PHASES 3G AND 3K EXTENDED TO MARCH 14,
2014
Item #16A2
AN EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH THE VALENCIA GOLF
AND COUNTRY CLUB - PHASE 2A (AR-8975) SUBDIVISION
PURSUANT TO SECTION 10.02.05 B.11 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE — THE DEVELOPER
HAS AN ADDITIONAL 2 YEARS TO COMPLETE THE
REMAINING IMPROVEMENTS WHICH CONSISTS OF THE
FINAL LIFT OF ASPHALT AND SOME SIDEWALK SECTIONS
Item #16A3
AN EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH THE VALENCIA
LAKES - PHASE 6-A (AR-5383) SUBDIVISION PURSUANT TO
SECTION 10.02.05 B.11 OF THE COLLIER COUNTY LAND
Page 211
September 10, 2013
DEVELOPMENT CODE — THE DEVELOPER HAS AN
ADDITIONAL 2 YEAR EXTENSION TO COMPLETE THE
REMAINING IMPROVEMENTS
Item #16A4
AN EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH ARROWHEAD
RESERVE AT LAKE TRAFFORD PHASE ONE (AR-3771) AND
ARROWHEAD RESERVE AT LAKE TRAFFORD PHASE TWO
(AR-3974) PURSUANT TO SECTION 10.02.05 B.11 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE — DUE TO
PREVIOUS FORECLOSURE PROCEEDINGS THE NEW
DEVELOPER HAS RECEIVED AN ADDITIONAL 2 YEAR
EXTENSION TO COMPLETE THE REMAINING
IMPROVEMENTS
Item #16A5
RESOLUTION 2013-165: AUTHORIZING NOTICE OF A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF 10TH
STREET AS SHOWN ON THE PLAT OF EASTOVER, PLAT
BOOK 1 PAGE 97, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 3,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE,
COLLIER COUNTY, FLORIDA. (PETITION VAC-
PL20130001313) — TO BE HEARD ON OCTOBER 22, 2013
Item #16A6
RESOLUTION 2013-166: SUPERSEDING AND REPLACING
RESOLUTION 2006-160, AMENDING THE POLICIES AND
Page 212
September 10, 2013
PROCEDURES FOR: 1) THE CLOSING AND VACATION OF
ROAD RIGHTS-OF-WAY; 2) THE VACATION AND
ANNULMENT OF PLATS OR PORTIONS OF PLATS OF
SUBDIVIDED LAND; 3) THE EXTINGUISHMENT OF PUBLIC
EASEMENTS CONVEYED BY SEPARATE INSTRUMENT
RECORDED IN THE PUBLIC RECORDS (CONVEYANCES
OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR
UNPLATTED LAND EXCEPT FOR PUBLIC ROADS
Item #16A7
RESOLUTION 2013-167: AUTHORIZING NOTICE OF A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF MAMIE
STREET AS SHOWN ON EXHIBIT A, BEING A PART OF
SECTION 36, TOWNSHIP 53 SOUTH, RANGE 29 EAST,
CHOKOLOSKEE, COLLIER COUNTY, FLORIDA — TO BE
HEARD ON OCTOBER 22, 2013
Item #16A8
RECORDING THE FINAL PLAT OF MERIDIAN VILLAGE
PHASE 1, APPLICATION NUMBER FP-PL20130001141 — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE FINAL APPROVAL LETTER
Item #16A9
RESOLUTION 2013-168: FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF VERONAWALK PHASE 4B (AR-8273) WITH
THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING
Page 213
September 10, 2013
PRIVATELY MAINTAINED AND THE RELEASE OF THE
MAINTENANCE SECURITY AND ACCEPTANCE OF THE
PLAT DEDICATIONS
Item #16A10
RECORDING THE FINAL PLAT OF FAITH LANDING PHASE
TWO (APPLICATION NUMBER PPLA20130000607),
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A11
RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE
MARIA PHASE 1, (APPLICATION NUMBER PPL-
PL20130000058) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY— THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL
APPROVAL LETTER
Item #16Al2
RECORDING THE FINAL PLAT OF CAMDEN LAKES PHASE
1A, (APPLICATION NUMBER PL20130001061) APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
Page 214
September 10, 2013
MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A13
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR OLDE NAPLES SELF STORAGE NORTH,
PL20110002516, AND THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY BOND (UPS) IN THE AMOUNT OF $3,258.75 TO
THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT
Item #16A14
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR HERITAGE BAY UNIT 5 AT SIESTA BAY DRIVE, PHASE
1, PL20100002017 AND THE COUNTY MANAGER, OR HIS
DESIGNEE, RELEASE THE UTILITY PERFORMANCE
SECURITY BOND (UPS) AND FINAL OBLIGATION IN THE
TOTAL AMOUNT OF $15,783.30 TO THE PROJECT ENGINEER
OR THE DEVELOPER'S DESIGNATED AGENT — PROPERTY
LOCATED OFF OF IMMOAKLEE ROAD AND WEST OF US 41
Item #16A15
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR HERITAGE BAY UNIT 5 AT SIESTA BAY DRIVE, PHASE
2, PL20100002018 AND TO AUTHORIZE THE COUNTY
Page 215
September 10, 2013
MANAGER, OR HIS DESIGNEE, RELEASE THE UTILITY
PERFORMANCE SECURITY BOND (UPS) IN THE AMOUNT
OF $9,883.76 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — PROPERTY LOCATED
NORTH OF IMMOKALEE ROAD AND WEST OF COLLIER
BOULEVARD
Item #16A16
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR FREESTATE - CVS, PL20090000647, AND
THE COUNTY MANAGER, OR HIS DESIGNEE, RELEASE THE
UTILITIES PERFORMANCE SECURITY BOND (UPS) AND
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$25,697 TO THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT — PROPERTY LOCATED AT THE
CORNER OF DAVIS BLVD AND SANTA BARBARA BLVD
Item #16A17
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR FREESTATE PUD, PL20090000052, AND THE COUNTY
MANAGER, OR HIS DESIGNEE, RELEASE THE UTILITY
PERFORMANCE SECURITY BOND (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $7,174.75
TO THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT— PROPERTY LOCATED AT THE
CORNER OF DAVIS BLVD AND SANTA BARBARA BLVD
Item #16A18
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
Page 216
September 10, 2013
FOR NAPLES LANDFILL PL20110000997
Item #16A19
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR NORTH COLLIER RECYCLING DROP-OFF
CENTER PL20110001270 — LOCATED SOUTH OF IMMOKALEE
ROAD ON GOODLETTE-FRANK ROAD
Item #16A20
INVITATION TO BID (ITB) #13-6070R "PURCHASE AND
DELIVERY OF TURF" TO LEO'S SOD INC. AS THE PRIMARY
VENDOR AND TRIPLE C SOD INC. AS THE SECONDARY
VENDOR — FOR SOD INSTALLATION IN THE ROAD
MAINTENANCE WORK PROGRAM THROUGH OUT THE
COUNTY
Item #16A21
SOVEREIGNTY SUBMERGED LANDS EASEMENT FOR THE
MARCO SOUTH BEACH RENOURISHMENT OFFSHORE
BORROW SITE — FDEP REQUIRES AN EASEMENT TO
DREDGE FILL MATERIAL TO RENOURISH THE BEACH
Item #16A22
UTILITY RELOCATION AGREEMENT WITH FLORIDA
POWER & LIGHT COMPANY, REQUIRED FOR THE
RELOCATION OF ITS FACILITIES IN CONFLICT WITH THE
PROPOSED INTERSECTION IMPROVEMENTS AT US 41 AND
Page 217
September 10, 2013
COLLIER BOULEVARD. (PROJECT NO. 60116.) ESTIMATED
FISCAL IMPACT: $45,432.50 — AT THE INTERSECTION OF
TRIANGLE BOULEVARD AND COLLIER BOULEVARD
Item #16A23
RESOLUTION 2013-169: POST PROJECT MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), FOR THE MAINTENANCE OF
THE SIDEWALK CONSTRUCTED AS PART OF "SAFE ROUTE
TO SCHOOL" PROGRAM AT SHADOWLAWN ELEMENTARY
ON ANDREW DRIVE FROM US41 TO SCHOOL DRIVE AND
FRANCIS AVENUE FROM SHADOWLAWN DRIVE TO
PINELAND STREET, UPON COMPLETION OF THE FDOT
INTERSECTION IMPROVEMENTS PROJECT, FINANCIAL
PROJECT NO. 428254-1-52-01, AND A RESOLUTION
AUTHORIZING THE CHAIRWOMAN TO SIGN THE
AGREEMENT
Item #16A24
RESOLUTION 2013-170: THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO ERECT DESTINATION GUIDE
SIGNS ON INTERSTATE 75 (I-75) AT EXIT 101 (COLLIER
BOULEVARD) AND AT EXIT 105 (GOLDEN GATE
PARKWAY) DESIGNATING THE COMMUNITY OF EAST
NAPLES
Item #16A25
A COUNTEROFFER OF $15,000 TO THE BUSINESS DAMAGE
CLAIM MADE BY SOUTHERN MANAGEMENT
Page 218
September 10, 2013
CORPORATION, D/B/A BURGER KING, FOR PARCELS
112FEE, 113FEE AND 113TCE IN THE LAWSUIT STYLED
COLLIER COUNTY V. NEW PLAN FLORIDA HOLDINGS, LLC,
ET AL„ CASE NO. 13-CA-238 (U.S. 41 / COLLIER BOULEVARD
INTERSECTION IMPROVEMENT PROJECT NO. 60116)
(FISCAL IMPACT $15,000) — LOCATED IN THE FREEDOM
SQUARE SHOPPING CENTER
Item #16A26
THE CLERK OF COURTS TO RELEASE A SECURITY IN THE
AMOUNT OF $117,296 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH SUNGATE CENTER PUD
Item #16A27
THE CLERK OF COURTS TO RELEASE A SECURITY IN THE
AMOUNT OF $70,840 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH HACIENDA LAKES OF NAPLES PHASE 1
(PL20120002789)
Item #16A28
THE CLERK OF COURTS TO RELEASE A SECURITY IN THE
AMOUNT OF $205,000 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH CANOPY (PL20130001018)
Item #16A29
Page 219
September 10, 2013
THE CLERK OF COURTS TO RELEASE A SECURITY IN THE
AMOUNT OF $218,600 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH BENT CREEK PRESERVE PHASE 1 (PL20130000043)
Item #16A30
RELEASE OF LIEN IN THE AMOUNT OF $20,281.70 FOR
PAYMENT OF $1,981 .70, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. RENEE LYNN CRAVO, CODE ENFORCEMENT CASE
NUMBER CEPM20100018618, RELATING TO PROPERTY
LOCATED AT 8313 LAUREL LAKES WAY, COLLIER
COUNTY, FLORIDA — FINES PERTAINING TO MISSING POOL
CAGE SCREENS AND A GREEN POOL BROUGHT INTO
COMPLIANCE ON APRIL 11, 2011
Item #16A31
RELEASE OF LIEN IN THE AMOUNT OF $16,812.38 FOR
PAYMENT OF $1,262.38, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. JOHN KOLAK, CODE ENFORCEMENT CASE NUMBER
CEPM20100003285, RELATING TO PROPERTY LOCATED AT
1372 ARECA CV, COLLIER COUNTY, FLORIDA — FINES
PERTAINING TO A SWIMMING POOL NOT BEING
MAINTAINED AND BROUGHT INTO COMPLIANCE ON
AUGUST 17, 2010
Item #16A32
RELEASE OF LIEN IN THE AMOUNT OF $243,867.52 FOR
Page 220
September 10, 2013
PAYMENT OF $567.52, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. JOSEPH B OKUNIEWICZ & JACQUELINE A.
OKUNIEWICZ, CODE ENFORCEMENT CASE NUMBER
CEPM20090001588, RELATING TO PROPERTY LOCATED AT
2324 KINGS LAKE BLVD., COLLIER COUNTY, FLORIDA —
FINES PERTAINING TO A DAMAGED ROOF THAT WAS
BROUGHT INTO COMPLIANCE ON MAY 30, 2012
Item #16A33
RELEASE OF LIEN IN THE AMOUNT OF $46,912.20 FOR
PAYMENT OF $562.20, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. DAVID R. SHELDON, CODE ENFORCEMENT CASE
NUMBER CESD20110008186, RELATING TO PROPERTY
LOCATED AT 655 LOGAN BLVD. S., COLLIER COUNTY,
FLORIDA — FINES PERTAINING TO A SHED CONSTRUCTED
WITHOUT VALID PERMITS AND BROUGHT INTO
COMPLIANCE ON MARCH 14, 2013
Item #16A34
TERMINATING THE PURCHASE AGREEMENT DATED JUNE
28, 2011 (FOR STORMWATER RETENTION POND SITES)
BETWEEN KAY GERKEN AND COLLIER COUNTY
CONSIDERED FOR CONSTRUCTION OF A STORMWATER
DETENTION AND TREATMENT POND SITE IN CONNECTION
WITH THE PHASE II VANDERBILT BEACH ROAD
EXTENSION PROJECT. (NO FISCAL IMPACT ASSOCIATED
WITH THIS ITEM.) — DUE TO THE SELLER FAILING TO
Page 221
September 10, 2013
TITLE THE PROPERTY BY OBTAINING A PROPER
NOTARIZATION OF SELLER'S VESTING DEED
Item #16A35 — Moved to Item #11I (Per Agenda Change Sheet)
Item #16A36 — Moved to Item #11J (Per Agenda Change Sheet)
Item #16A37 — Moved to Item #11K (Per Agenda Change Sheet)
Item #16A38
BID #13-6101 (WHITE BOULEVARD SIDEWALK
IMPROVEMENTS) FOR CONSTRUCTION OF SIDEWALK
IMPROVEMENTS FROM WEBER BOULEVARD EAST TO
25TH STREET SW TO QUALITY ENTERPRISES USA, INC. IN
THE AMOUNT OF $266,680.15 (PROJECT #33203)
Item #16A39
BID #13-6035, "SHADOWLAWN ELEMENTARY SIDEWALKS",
FOR CONSTRUCTION OF SIDEWALK IMPROVEMENTS ON
BAYSIDE STREET, CALUSA AVENUE, AND CALEDONIA
AVENUE TO SOUTHWEST DIVISION, INC., IN THE AMOUNT
OF $154,663.39 (PROJECT #33207)
Item #16A40
DIRECTING STAFF TO SEND THE 2014 EVALUATION AND
APPRAISAL REPORT (EAR) LETTER TO THE DEPARTMENT
OF ECONOMIC OPPORTUNITY AS REQUIRED BY FLORIDA
STATUTE 163.3191 — ONCE RECEIVED BY DEO, THE
Page 222
September 10, 2013
COUNTY'S EAR REQUIREMENTS WILL BE SATISFIED
UNTIL 2021
Item #16A41
AUTHORIZING IDENTIFIED GROWTH MANAGEMENT PLAN
(GMP) AMENDMENTS AND PROVIDING CONCURRENCE
WITH AN INDIVIDUAL PLANNING INITIATIVE — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A42
RESOLUTION 2013-171 : EXECUTING A LOCAL AGENCY
PROGRAM SUPPLEMENTAL AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH
COLLIER COUNTY WOULD BE REIMBURSED UP TO $138,629
FOR DEVELOPMENT OF A COMPREHENSIVE PEDESTRIAN
SYSTEM THROUGH CONSTRUCTION OF SIDEWALKS ON
BAYSIDE STREET, CALUSA AVENUE AND CALEDONIA
AVENUE
Item #16A43
A BUDGET AMENDMENT TO RECOGNIZE REVENUE FOR
PROJECTS WITHIN THE TRANSPORTATION SUPPORTED
GAS TAX FUND (313) IN THE AMOUNT OF $47,780.50 —
FUNDS COLLECTED FROM PAYMENT-IN-LIEU, PROJECT
REVIEW FEES AND FAIR SHARE PAYMENTS FOR THE
APPLICATION AND MONITORING PROCESS
Item #16A44
Page 223
September 10, 2013
RECOGNIZING ADDITIONAL FEDERAL HIGHWAY
ADMINISTRATION SECTION 112 "PL" FUNDING FOR
FY2013/14 IN THE AMOUNT OF $711,254 TO THE COLLIER
METROPOLITAN PLANNING ORGANIZATION AND THE
NECESSARY BUDGET AMENDMENT — TO CONTINUE
CONDUCTING TRANSPORTATION PLANNING ACTIVITIES
THAT MUST MEET FEDERAL/STATE REQUIREMENTS FOR
URNABIZED AREAS WITH MORE THAN 200,000 RESIDENTS
Item #16A45
A BUDGET AMENDMENT RECOGNIZING CARRY FORWARD
FOR THE VANDERBILT DRIVE IMPROVEMENT PROJECT
WITHIN THE TRANSPORTATION SUPPORTED GAS TAX
FUND 313 PROJECT #60178 IN THE AMOUNT OF $120,519.20 —
RELATING TO COCONILLA RPUD IMPROVEMENTS
Item #16A46
RESOLUTION 2013-172: ESTABLISHING THE COLLIER
COUNTY ARCHITECTURAL AND SITE DESIGN STANDARDS
AD HOC COMMITTEE FOR 12 MONTHS
Item #16A47 — Moved to Item #11F (Per Agenda Change Sheet)
Item #16A48 — Moved to Item #11G (Per Agenda Change Sheet)
Item #16B1
CONTRACT AMENDMENT TO CONTRACT #13-5988
BETWEEN THE CRA AND CDM SMITH, INC. ENTITLED
"IMMOKALEE STORMWATER IMPROVEMENTS - PHASE II."
Page 224
September 10, 2013
— AMENDMENT RELATED TO THE PORTION OF THE
CONTRACT THAT IS FUNDED BY DEO, WHICH HAS
REQUESTED FOR ADDITIONAL CLAUSES BE ADDED
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
ACTING IN ITS CAPACITY AS THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA): 1) THE
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT
GRANT PROGRAM FOR REIMBURSEMENT OF $20,000 FOR
FACADE IMPROVEMENTS TO KOUNTRY KITCHEN
LOCATED AT 313 NIXON DRIVE, IMMOKALEE, FLORIDA,
WHICH IS LOCATED WITHIN THE IMMOKALEE
COMMUNITY REDEVELOPMENT AREA, AND 2) A BUDGET
CHANGE RESOLUTION TO THE TENTATIVE FY 14 BUDGET
TO PROVIDE SUFFICIENT BUDGET — IMPROVEMENTS TO
THE BUSINESS WERE NEW METAL ROOF, DOORS,
WINDOWS, COLUMNS ON FRONT, STUCCO, PAINT,
GUTTERS, FASCIA, SOFFIT, PLYWOOD UNDERLAYMENT
AND LANDSCAPING TRIMMING
Item #16B3
A 180-DAY EXTENSION TO THE PREVIOUSLY APPROVED
GRANT AGREEMENT BETWEEN THE CRA AND
PARALEGAL & NOTARY MULTI SERVICES, INC. FOR THE
REIMBURSEMENT OF $20,000 IN FACADE IMPROVEMENT
EXPENSES AS ADMINISTERED UNDER THE IMMOKALEE
CRA COMMERCIAL FACADE IMPROVEMENT PROGRAM
AND A BUDGET CHANGE RESOLUTION TO THE TENTATIVE
Page 225
September 10, 2013
FY 14 BUDGET TO PROVIDE SUFFICIENT BUDGET —
EXTENDING THE DEADLINE TO MARCH 9, 2014
Item #16C1
RESOLUTION 2013-173: SATISFACTION OF LIEN FOR THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS WHERE THE COUNTY HAS
RECEIVED PAYMENT IN FULL SATISFACTION OF THE LIEN.
FISCAL IMPACT IS $28.50 TO RECORD THE SATISFACTION
OF LIEN — PROPERTY LOCATED AT 1731 GOLDEN GATE
BLVD. E
Item #16C2
RESOLUTION 2013-174: APPROVING SPECIAL ASSESSMENT
HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL
ASSESSMENTS FOR THE 2013 TAX YEAR — FOLIO
#24830680003 AND #64510680008
Item #16C3
A BUDGET AMENDMENT FOR UNANTICIPATED BANK FEES
AND INFORMATION TECHNOLOGY HOURLY SUPPORT FOR
THE COLLIER COUNTY WATER-SEWER DISTRICT'S
UTILITY BILLING AND CUSTOMER SERVICE DEPARTMENT
— BANK FEES WILL EXCEED THE AMOUNT BUDGETED DUE
TO THE INCREASE IN CREDIT CARD PAYMENTS
Item #16C4
Page 226
September 10, 2013
A BUDGET AMENDMENT FOR SOLID WASTE DISPOSAL
CHARGES FOR THE MANDATORY SOLID WASTE
RESIDENTIAL CURBSIDE COLLECTION PROGRAM IN
SERVICE DISTRICTS NUMBERS I AND II — DUE TO THE
INCREASE IN TONNAGE FROM OCCUPANCY OF UNITS
THAT WERE VACANT FOR THE PAST SEVERAL YEARS
Item #16C5
REIMBURSEMENT FOR EXPENSES INCURRED FOR
REVISIONS TO SITE DEVELOPMENT PLAN #8876 REQUIRED
TO RELOCATE AN IRRIGATION WELL IN CONFLICT WITH
WASTEWATER PUMP STATION 312.24. THE TOTAL COST
SHALL NOT EXCEED $1,400, PROJECT NUMBER 70046 —
LOCATED AT THE TOLLGATE COMMERCIAL CENTER,
FOLIO #76885100861
Item #16C6
A RIGHT-OF-WAY CONSENT AGREEMENT AND
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
WITH FLORIDA POWER & LIGHT CO. AT THE CARICA
WATER STORAGE AND REPUMP FACILITY — LOCATED AT
7200 GOODLETTE ROAD N., FOLIO #00238681107
Item #16C7
A CONTRACT WITH JOHNSON ENGINEERING, INC., IN AN
AMOUNT NOT TO EXCEED $139,010 FOR REQUEST FOR
PROPOSAL NO. 13-6078, "UTILITY DESIGN ENGINEERING
SERVICES - U.S. 41 FROM GREENWAY ROAD TO 6L'S FARM
ROAD," PROJECT NUMBERS 70045 AND 73045 — FOR WATER
Page 227
September 10, 2013
AND WASTEWATER INFRASTRUCTURE RELOCATIONS
Item #16C8
RESOLUTION 2013-175: AGREEMENTS WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) AND THE
FLORIDA DEPARTMENT OF FINANCIAL SERVICES TO
RELOCATE COLLIER COUNTY WATER SEWER DISTRICT
UTILITIES AS A COMPONENT OF FDOT'S PROJECT TO
WIDEN U.S. 41 BETWEEN GREENWAY ROAD AND 6L'S
FARM ROAD, TO ESTABLISH AN INTEREST BEARING
ESCROW ACCOUNT TO FUND THE RELOCATIONS, AND
DIRECT THE COUNTY ATTORNEY TO FILE A
DECLARATORY ACTION AGAINST THE CLERK SEEKING
AN ORDER TO COMPEL HIS ADVANCE PAYMENT INTO THE
STATE-HELD ESCROW — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C9
A BUDGET AMENDMENT IN THE AMOUNT OF $250,000 TO
TRANSFER FUNDS WITHIN THE SOLID AND HAZARDOUS
WASTE MANAGEMENT DEPARTMENT ($120,000), RESERVE
FOR CONTINGENCY ($65,000) AND RECOGNIZING
UNBUDGETED REVENUE RECEIVED ($65,000) TO FUND
HIGHER THAN ANTICIPATED SOLID WASTE DISPOSAL
COSTS, EMERGENCY MAINTENANCE AND LEACHATE
TREATMENT — FUNDING TO MEET THE INCREASED FY2013
COLLIER COUNTY LANDFILL OPERATING EXPENSES
Item #16D1
Page 228
September 10, 2013
AMENDMENTS TO SERVICE AGREEMENTS AND
CORRESPONDING BUDGET AMENDMENTS TO REFLECT
ACTUAL AWARD OF THE COMMUNITY CARE FOR THE
ELDERLY, ALZHEIMER'S DISEASE INITIATIVE, AND HOME
CARE FOR THE ELDERLY GRANTS FOR THE COLLIER
COUNTY SERVICES FOR SENIORS PROGRAM FROM THE
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA,
INC., DBA SENIOR CHOICES OF SOUTHWEST FLORIDA (NET
FISCAL IMPACT $64,742) — FOR THE DIIFERENCE BETWEEN
ESTIMATED AND ACTUAL CO-PAYMENT GOALS
ESTABLISHED, A $3,500 INCREASE
Item #16D2
THE FY 2013-2014 STATE AID TO LIBRARIES GRANT
AGREEMENT, TECHNOLOGY PLAN, AND CURRENT YEAR
ACTION PLAN, PERMITTING THE COLLIER COUNTY
PUBLIC LIBRARY TO APPLY FOR STATE AID TO
LIBRARIES. FISCAL IMPACT ($219,000) — STATE AID USED
FOR OPERATING PURPOSES, PERSONNEL, MATERIALS AND
EQUIPMENT, NOT FOR CAPITAL CONSTRUCTION
Item #16D3
RESOLUTION 2013-176: ADDING TIGERTAIL BEACH TO THE
LIST OF PARK FACILITIES AUTHORIZED TO SELL BEER
AND WINE, AND THE CHAIR TO SIGN AN AMENDMENT TO
CONTRACT #09-5247 WITH RECREATIONAL FACILITIES OF
AMERICA TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES AT TIGERTAIL BEACH
Item #16D4
Page 229
September 10, 2013
PAYMENT OF A $3,681 .79 INVOICE FOR THE PUBLIC'S USE
OF SOVEREIGNTY SUBMERGED LANDS AT COCOHATCHEE
RIVER PARK AND SUBMITTAL OF THE 2012/2013 FLORIDA
ANNUAL GROSS INCOME REPORTING FORM TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION
Item #16D5
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
GOPHER TORTOISE HABITAT MANAGEMENT ASSISTANCE
REQUEST TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) TO FUND FIRE LINE
MAINTENANCE AND EXOTIC PLANT TREATMENT AT
RAILHEAD SCRUB PRESERVE IN THE AMOUNT OF $15,000 —
THE REQUEST WAS DUE TO FWC ON AUGUST 16, 2013,
WHILE THE BOARD WAS ON SUMMER RECESS
Item#16D6
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
GOPHER TORTOISE HABITAT MANAGEMENT ASSISTANCE
REQUEST TO THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) TO FUND FIRE LINE
MAINTENANCE, EXOTIC PLANT TREATMENT, AND DEAD
TREE REMOVAL AT NANCY PAYTON PRESERVE IN THE
AMOUNT OF $15,000 — THE REQUEST WAS DUE TO FWC ON
AUGUST 16, 2013, WHILE THE BOARD WAS ON SUMMER
RECESS
Item #16D7
Page 230
September 10, 2013
A BUDGET AMENDMENT RECOGNIZING $397,676.54 OF
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) GRANT
REVENUE AND PROGRAM INCOME FOR STATE FISCAL
YEAR 2012/2013 — PROVIDING PURCHASE ASSISTANCE,
OWNER-OCCUPIED RESIDENTIAL REHABILITATION
ASSISTANCE AND ADMINISTRATIVE SERVICES
Item #16D8 — Continued to the September 24, 2013 BCC Meeting
(Per Agenda Change Sheet)
BID #13-6103 DESIGN AND INSTALLATION BUS WRAP
DECALS TO ABC BUS, INC
Item #16D9
A SUBSTANTIAL AMENDMENT FOR THE FY2012-2013
COLLIER COUNTY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) ACTION PLAN REPLACING
THE CITY OF NAPLES LAND ACQUISITION PROJECT WITH
THE CITY OF NAPLES WHEELCHAIR ACCESSIBLE PLAY
STRUCTURE PROJECT AT THE SAME COST ($105,835) —
PROPERTY LOCATED NEAR THE RIVER PARK COMMUNITY
ON 5TH AVENUE NORTH AT THE ENTRANCE TO THE FPL
SUBSTATION
Item #16D10
THE NECESSARY BUDGET AMENDMENT FOR THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FISCAL YEAR 2013-2014 BUDGET AS APPROVED IN
THE HUD ACTION PLAN FOR ENTITLEMENT FUNDS AND
Page 231
September 10, 2013
THE CHAIRWOMAN TO SIGN THE STANDARD HUD
AGREEMENT FORMS UPON ARRIVAL. THE RECEIPT OF
FUNDS IS FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS
(HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) FOR
CONTINUATION OF SERVICES. PROJECT START DATES
AND TIMELY USE OF FEDERAL FUNDS IS DEPENDENT ON
THIS ACKNOWLEDGEMENT OF FUNDING — ESTABLISHING
A BUDGET FOR CONTINUOUS OPERATIONS OF STAFF AND
ADMINISTRATIVE SUPPORT
Item #16D11
SHIP ANNUAL REPORT FOR FY 2010/2011 AND
AUTHORIZING THE CHAIRWOMAN TO SIGN THE
"CERTIFICATION FOR IMPLEMENTATION OF REGULATORY
REFORM ACTIVITIES REQUIRED BY SHIP" AND SHIP
CERTIFICATION FOR FISCAL YEAR 2010/2011 TO ENSURE
COMPLIANCE WITH PROGRAM REQUIREMENTS
Item #16D12
RESTORING AVAILABLE CDBG GRANT #44505 TO THE
FULL AWARD AMOUNT BY RECOGNIZING DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) GRANT
REPAID LOAN PROCEEDS, AND THE TRANSFER OF LOCAL
FY13 OPERATING FUNDS FROM HOUSING, HUMAN AND
VETERANS SERVICES (HHVS) FUND 001 TO HOUSING
GRANT FUND 121 IN THE TOTAL AMOUNT OF $16,549.18;
AND NECESSARY BUDGET AMENDMENTS — AS A RESULT
OF THE FAILURE TO TIMELY CORRECT CODING ERRORS
THAT APPLIED EXPENDITURES TO THE WRONG GRANT
Page 232
September 10, 2013
PROJECT, THE INCORRECTLY APPLIED EXPENDITURES
MUST BE COVERED BY ANPOTHER FUNDING SOURCE AND
MOVED OUT OF GRANT BUDGET 44505
Item #16D13
GRANT AWARD FOR THE FEDERAL TRANSIT
ADMINISTRATION (FTA) 49 U.S.C. § 5307 FY13 GRANT
AWARD IN THE AMOUNT OF $2,857,524 AND APPROPRIATE
THE NECESSARY BUDGET AMENDMENTS TO ALLOW
CONTINUOUS OPERATION OF THE COLLIER AREA
TRANSIT SYSTEM PRIOR TO THE EXECUTION OF SAID
GRANT AWARD (TOTAL FISCAL IMPACT $3,317,615)
Item #16D14
AN AGREEMENT BETWEEN THE NATIONAL DOWN
SYNDROME SOCIETY AND COLLIER COUNTY PARKS AND
RECREATION DEPARTMENT TO CONDUCT THE FOURTH
ANNUAL BUDDY WALK AT NORTH COLLIER REGIONAL
PARK ON OCTOBER 26, 2013
Item #16D15
RESOLUTION 2013-177: APPROVING THE EXPENDITURE OF
FUNDS FOR ACTIVITIES AND INCENTIVES FOR STAFF WHO
VOLUNTEER IN THE 2013 UNITED WAY OF COLLIER
COUNTY CAMPAIGN AND WAIVE ADMISSION TO SUN-N-
FUN LAGOON FOR ALL 2013 UNITED WAY PARTICIPANTS
ON THE DAY OF THE EVENT — INCLUDING BUT NOT
LIMITED TO: T-SHIRTS, MUGS, PINS, PLASTIC WATER
BOTTLES, PLAQUES, TROPHIES, FOOD, BEVERAGES AND
Page 233
September 10, 2013
INCIDENTAL SUPPLIES FOR SERVING A LIGHT SNACK FOR
EMPLOYEES PARTICIPATING
Item #16D16
ADVERTISING A PROPOSED STANDARDS OF CARE
ORDINANCE ESTABLISHING REGULATIONS FOR THE
KEEPING OF ANIMALS BY ANIMAL-RELATED BUSINESSES
AND ORGANIZATIONS, COMMERICAL AND NON-
COMMERCIAL BREEDERS, AND RODEOS AS
CONTEMPLATED IN THE ANIMAL CONTROL ORDINANCE
(ORDINANCE 2013-33)
Item #16D17 — Moved to Item #11H (Per Agenda Change Sheet)
Item #16D18
INVITATION TO BID (ITB) #13-6125R NORTH COLLIER
REGIONAL PARK WATER SLIDE TOWER TO FA
REMODELING AND REPAIRS, INC., IN THE AMOUNT OF
$143,760 FOR PAINTING AND REPAIR TO THE STEEL TOWER
AND SLIDE SUPPORTS OF THE WATER PARK SLIDE
TOWER AND AUTHORIZING THE CHAIR TO EXECUTE THE
ATTACHED CONTRACT — AT THE FUN N SUN LAGOON OFF
OF LIVINGSTON ROAD
Item #16E1
AWARD OF $15,000 IN GRANT FUNDS FROM THE STATE OF
FLORIDA DEPARTMENT OF HEALTH, BUREAU OF
EMERGENCY MEDICAL SERVICES, WHICH REQUIRES A
LOCAL MATCH OF $5,000, FOR THE PURCHASE OF
Page 234
September 10, 2013
BARIATRIC EQUIPMENT AND NECESSARY BUDGET
AMENDMENTS — GRANT ENDS JUNE 30, 2014
Item #16E2
ADDITIONAL GRANT PROCEEDS FROM THE WALMART
COMMUNITY GRANTS PROGRAM IN THE AMOUNT OF $250
FOR THE HUG-A-TREE PROGRAM AND BUDGET
AMENDMENT — FUNDS USED BY EMS SEARCH AND
RESCUE TO PURCHASE WHISTLES, LANYARDS, CRAYONS
AND MATERIALS TO EDUCATE CHILDREN ON HOW TO
STAY SAFE IF LOST
Item #16E3
RESOLUTION 2013-178: A FLORIDA EMERGENCY MEDICAL
SERVICES COUNTY GRANT APPLICATION, REQUEST FOR
GRANT FUND DISTRIBUTION FORM AND RESOLUTION FOR
THE FUNDING OF MEDICAL/RESCUE EQUIPMENT AND
SUPPLIES IN THE AMOUNT OF $72,335 AND A BUDGET
AMENDMENT
Item #16E4
INVITATION TO BID (ITB) #13-6027R FOR PEST CONTROL
SERVICES TO ORKIN PEST CONTROL — FOR ALL
BUILDINGS MAINTAINED BY COLLIER COUNTY
Item #16E5
RATIFYING PROPERTY, CASUALTY, WORKERS'
COMPENSATION AND SUBROGATION CLAIMS SETTLED
Page 235
September 10, 2013
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION #2004-15 FOR THE THIRD
QUARTER OF FY 13 — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E6
A DENTAL HMO OPTION TO THE GROUP DENTAL
INSURANCE PLAN OFFERED BY CIGNA DENTAL PLAN, INC.
AT NO ADDITIONAL COST — EFFECTIVE JANUARY 1, 2014
Item #16E7
AN AMENDMENT TO CENTURYLINK CONTRACT #11-5606
TO ADD ADDITIONAL SERVICE OPTIONS NOT INCLUDED
IN THE ORIGINAL CONTRACT AND INCREASE THE
CONTRACT VALUE BY UP TO $40,000 — AMENDMENT
INCLUDES PRICING FOR SERVICE OPTIONS AND WILL
ALLOW THE COUNTY TO PROCURE ADDITIONAL OR
UPGRADE SERVICES FOR CURRENT AND NEW COUNTY
FACILITIES
Item #16E8
RATIFYING COUNTY PURCHASE ORDER #4500135066 IN
THE AMOUNT OF $85,179 AND APPROVE THE PAYMENT OF
INVOICES TO FLORIDA POWER & LIGHT CORPORATION IN
CONJUNCTION WITH BOARD APPROVED CONTRACT #12-
5900 BAYVIEW PARK PHASE II AND III EXPANSION
PROJECT — FOR THE SECOND PHASE PF THE PROJECT TO
RELOCATE POWER LINES WITHIN THE UTILITY EASEMENT
Page 236
September 10, 2013
Item #16E9
A LEASE AGREEMENT WITH EAST NAPLES FIRE CONTROL
AND RESCUE DISTRICT FOR USE OF A PORTION OF
PROPERTY AS A PARKING AREA FOR THE CINDY MYSEL
PARK LOCATED ON WARREN STREET — THE AGREEMENT
WILL RUN FOR THIRTY YEARS WITH AN AUTOMATIC
RENEWAL OF AN ADDITIONAL YEARS
Item #16E10
A SUBLEASE AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF JUVENILE JUSTICE FOR THE SHERIFF'S
OFFICE UTILIZATION OF THE FORMER JUVENILE
DETENTION CENTER IN IMMOKALEE — THE SHERIFF'S
OFFICE WILL USE THE SPACE FOR FILE STORAGE
Item #16E11
A DONATION FROM THE MARCO ISLAND MARRIOTT
RESORT OF GYM EQUIPMENT FOR USE BY THE ISLES OF
CAPRI FIRE RESCUE DISTRICT — EQUIPMENT IS FROM THE
RECENTLY RENOVATED CLUBHOUSE AT ITS HAMMOCK
BAY GOLF AND COUNTRY CLUB
Item #16E12
MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER
COUNTY AND LELY PRESBYTERIAN CHURCH IN SUPPORT
OF EMERGENCY MANAGEMENT ACTIVITIES RELATED TO
NATURAL AND MANMADE HAZARDS EMERGENCY
RESPONSE — TO COORDINATE RELIEF EFFORTS AT THE
Page 237
September 10, 2013
TIME OF A DISASTER
Item #16E13
A PARTICIPATING ADDENDUM TO THE WESTERN STATES
CONTRACTING ALLIANCE (WSCA) FOR WIRELESS
SERVICES PROVIDED BY CELLCO PARTNERSHIP D/B/A
VERIZON WIRELESS — IMPROVING THE EMS SYSTEM
RELIABILITY
Item #16E14
ASSUMPTION AGREEMENT FROM C.W. ROBERTS
CONTRACTING, INC., TO AJAX PAVING INDUSTRIES OF
FLORIDA, LLC FOR ASPHALT, MILLING & RELATED ITEMS
SERVICES AND A CONSTRUCTION CONTRACT FOR NAPLES
MANOR SIDEWALK IMPROVEMENTS (PHASE II) — ON JULY
29, 2013 AJAX HAD PURCHASED THE ASSESTS OF C.W.
ROBERTS CONTRACTING
Item #16E15
AN INCREASE TO THE ESTIMATED ANNUAL EXPENDITURE
FOR PURCHASING PAINT AND RELATED ITEMS ON AWARD
#11-5696 - "PAINT AND RELATED ITEMS." — ALLOWING
DEPARTMENTS TO CONTINUE TO PERFORM WORK IN-
HOUSE VERSUS UTILIZING OUTSIDE PAINTING
CONTRACTORS
Item #16E16
RENEWAL OF THE ANNUAL CERTIFICATE OF PUBLIC
Page 238
September 10, 2013
CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS
MEDICAL TRANSPORT, INC., TO PROVIDE CLASS 2 INTER-
FACILITY TRANSPORT AMBULANCE SERVICE FOR A
PERIOD OF ONE YEAR
Item #16E17
AGREEMENT #14-CP-11-09-21-01-XXX BETWEEN THE STATE
OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT
AND COLLIER COUNTY ACCEPTING $7,129 FOR THE
PREPARATION OF HAZARDS ANALYSIS REPORTS FOR
FACILITIES STORING EXTREMELY HAZARDOUS
SUBSTANCES WITHIN COLLIER COUNTY AND THE
NECESSARY BUDGET AMENDMENT — TO ASSIST IN
COMPLYING WITH GROWTH MANAGEMENT PLAN
REQUIREMENTS
Item #16E18
WAIVING COMPETITION AND APPROVE VICTORY LAYNE
CHEVROLET AS A SOLE SOURCE VENDOR FOR FLEET
PARTS, REPAIRS AND SERVICES — FOR 23 MEDIUM-DUTY
VANS USED FOR THE TRANSPORTATION DISADVANTAGED
PROGRAM
Item #16E19
WAIVING COMPETITION AND APPROVE NORTRAX
EQUIPMENT COMPANY AS A SOLE SOURCE VENDOR FOR
FLEET PARTS, REPAIRS AND SERVICES — FOR THE
MAINTENANCE OF SEVERAL JOHN DEERE HEAVY
EQUIPMENT ITEMS USED TO MAINTAIN THE COUNTY'S
Page 239
September 10, 2013
ROADS AND STORM WATER MANAGEMENT SYSTEM
Item #16E20
PAYMENT IN THE AMOUNT OF $1,485 TO JOHNSON
ENGINEERING, INC., FOR PROFESSIONAL SERVICES
RENDERED REGARDING THE ELEVATION CERTIFICATE
PROJECT — UNDER WORK ORDER #4500142233
Item #16E21
A SECOND AMENDMENT TO LEASE AGREEMENT WITH
VANDERBILT BEACH FLOTILLA, INC., FOR THE
CONTINUED USE OF COUNTY-OWNED PROPERTY IN
ORDER TO OPERATE A COAST GUARD AUXILIARY
BOATING SAFETY EDUCATION AND TRAINING CENTER —
LOCATED AT THE COCHATCHEE RIVER PARK IN NORTH
NAPLES
Item #16E22
REPORTS AND RATIFY STAFF-APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS — FOR THE
PERIOD OF JUNE 19, 2013 THROUGH AUGUST 20, 2013
Item #16F1
BOARD RATIFICATION OF SUMMARY, CONSENT AND
EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY
MANAGER DURING THE BOARD'S SCHEDULED RECESS.
(IN ABSENTIA MEETING(S) DATED JULY 23, 2013, AUGUST
13, 2013 AND AUGUST 27, 2013); RESOLUTION 2013-179
Page 240
September 10, 2013
ADOPTED FOR ITEM APPROVED ON AUGUST 13, 2013 BY
THE COUNTY MANAGER
Item #16F2
REFUNDS OF AFFORDABLE HOUSING CONTRIBUTIONS TO
WCI COMMUNITIES, LLC, TOTALING $18,000, DUE TO THE
REMOVAL OF AN AFFORDABLE HOUSING CONTRIBUTION
COMMITMENT FROM THE MANCHESTER SQUARE
RESIDENTIAL PLANNED UNIT DEVELOPMENT — PER A
CHANGE TO THE LDC ON SEPTEMBER 25, 2012
Item #16F3
RESOLUTION 2013-180: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2012-13
ADOPTED BUDGET
Item #16F4
A ONE-YEAR EXTENSION TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE EARLY
LEARNING COALITION OF SOUTHWEST FLORIDA, INC., TO
PROVIDE FUNDING IN THE AMOUNT OF $75,000 IN FISCAL
YEAR 2014
Item #16F5
INVITATION TO BID (ITB) #13-6084 FOR PELICAN BAY
CROSSWALK PROJECT TO QUALITY ENTERPRISES USA,
Page 241
September 10, 2013
INC. AND THE CHAIRWOMAN TO EXECUTE THE
ATTACHED COUNTY APPROVED STANDARD CONTRACT —
FOR PEDESTRAIN CROSSWALKS WITHIN FIVE DIFFERENT
LOCATIONS IN THE PELICAN BAY COMMUNITY
Item #16F6
BUDGET AMENDMENTS APPROPRIATING
APPROXIMATELY $262,324,134.95 OF UNSPENT FY 2013
GRANT AND CAPITAL PROJECT BUDGETS INTO FISCAL
YEAR 2014
Item #16G1
AA RESOLUTION 2013-181 : REPLACING AND SUPERSEDING
RESOLUTION NO. 2013-08 (2013 RATES AND CHARGES FOR
THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL
AIRPORT, AND MARCO ISLAND EXECUTIVE AIRPORT) IN
ORDER TO IMPLEMENT A $20 RAMP FEE OR FIVE (5)
GALLON MINIMUM FUEL PURCHASE AND A SINGLE FUEL
FLOWAGE FEE OF $0.25 AT THE COUNTY AIRPORTS, AND A
PREPAID FUEL PROGRAM AT THE IMMOKALEE REGIONAL
AIRPORT
Item #16G2
THIRD AMENDMENT TO THE COLLIER COUNTY LONG-
TERM GROUND LEASE AND SUB-LEASE AGREEMENT WITH
TURBO SERVICES, INC — REDUCING THE AMOUNT OF
REQUIRED POLLUTION LIABILITY INSURANCE
Item #16G3
Page 242
September 10, 2013
AFTER-THE-FACT SUBMITTAL OF AN AIRPORT
IMPROVEMENT PROGRAM (AIP) GRANT APPLICATION TO
THE FEDERAL AVIATION ADMINISTRATION (FAA)
REQUESTING $6,754,362 FOR CONSTRUCTION OF THE
REHABILITATION OF RUNWAY 9-27 AT THE IMMOKALEE
REGIONAL AIRPORT WITH A TOTAL ESTIMATED COST OF
$8,063,839 — THE APPLICATION WAS DUE THE WEEK OF
AUGUST 11, 2013 AND SUBMITTED BY THE COUNTY
MANAGER ON AUGUST 13, 2013
Item #16G4
AFTER-THE-FACT SUBMITTAL OF AN AIRPORT
IMPROVEMENT PROGRAM (AIP) GRANT APPLICATION TO
THE FEDERAL AVIATION ADMINISTRATION (FAA)
REQUESTING $5,649,916 FOR CONSTRUCTION OF THE
REHABILITATION OF RUNWAY 17-35 AND ASSOCIATED
AIRCRAFT APRONS AT THE MARCO ISLAND EXECUTIVE
AIRPORT WITH A TOTAL ESTIMATED COST OF $6,277,684 —
THE APPLICATION WAS DUE THE WEEK OF AUGUST 11,
2013 AND SUBMITTED BY THE COUNTY MANAGER ON
AUGUST 13, 2013
Item #16G5
AFTER-THE-FACT ACCEPTANCE OF THE ATTACHED
FEDERAL AVIATION ADMINISTRATION (FAA) GRANT
OFFER FOR $257,333 TO UPDATE THE AIRPORT LAYOUT
DRAWING, DESIGN PLANS, AND ENVIRONMENTAL, AND
CONSTRUCT THE SOUTH TAXIWAY AT EVERGLADES
AIRPARK — FAA REQUIRED EXECUTION OF THE GRANT NO
Page 243
September 10, 2013
LATER THAN AUGUST 21, 2013
Item #16H1
COMMISSIONER HILLER'S REQUEST FOR BOARD
APPROVAL FOR PAYMENT TO ATTEND FUNCTION
SERVING A VALID PUBLIC PURPOSE — FOR THE FLORIDA
SHERIFF'S ASSOCIATION 2013 SUMMER CONFERENCE
BANQUET HELD ON AUGUST 5, 2013
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF JUNE 28, 2013
THROUGH JULY 4, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF JULY 5, 2013
THROUGH JULY 11, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J3
DISBURSEMENTS FOR THE PERIOD OF JULY 12, 2013
THROUGH JULY 18, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF JULY 19, 2013
THROUGH JULY 25, 2013 AND FOR SUBMISSION INTO THE
Page 244
September 10, 2013
OFFICIAL RECORDS OF THE BOARD
Item #16J5
DISBURSEMENTS FOR THE PERIOD OF JULY 26, 2013
THROUGH AUGUST 1, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J6
DISBURSEMENTS FOR THE PERIOD OF AUGUST 2, 2013
THROUGH AUGUST 8, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J7
DISBURSEMENTS FOR THE PERIOD OF AUGUST 9, 2013
THROUGH AUGUST 15, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J8
DISBURSEMENTS FOR THE PERIOD OF AUGUST 16, 2013
THROUGH AUGUST 22, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J9
DISBURSEMENTS FOR THE PERIOD OF AUGUST 23, 2013
THROUGH AUGUST 29, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Page 245
September 10, 2013
Item #16J10
THE COLLIER COUNTY SUPERVISOR OF ELECTIONS
ACCEPTANCE OF FEDERAL ELECTION ACTIVITIES FUNDS
WITH A 15% MATCHING CONTRIBUTION AND
CHAIRWOMAN TO SIGN THE CERTIFICATE REGARDING
MATCHING FUNDS — FOR ADDITIONAL FEDERAL
ELECTION ACTIVITIES BEYOND THE CURRENT PROGRAMS
Item #16J11
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL
JURISDICTION OVER PRIVATE ROADS WITHIN THE
WILSHIRE LAKES SUBDIVISION
Item #16J12
CONTRACT #13-6132, "AUDITING SERVICES FOR COLLIER
COUNTY", AND EXECUTION OF AN OFFICIAL
ENGAGEMENT LETTER — AWARDED TO
CLIFTONLARSENALLEN, CLAFOR A THREE YEAR TERM,
WITH TWO ONE YEAR EXTENSIONS
Item #16J13
INVESTMENT STATUS UPDATE REPORT FOR THE
QUARTER ENDING JUNE 30, 2013
Item #16K1
Page 246
September 10, 2013
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
RELATING TO RETENTION AGREEMENT NABORS, GIBLIN
& NICKERSON P.A. EXTENDING THE EXPIRATION DATE TO
NOVEMBER 17, 2016. THERE IS NO NEW FISCAL IMPACT
ASSOCIATED WITH THIS AMENDMENT — AS SPECIFIED IN
ARTICLE 3 OF THE AGREEMENT
Item #16K2
THE OFFICE OF THE COUNTY ATTORNEY TO REPRESENT
IAN MITCHELL, FORMER EXECUTIVE MANAGER TO THE
BOARD OF COUNTY COMMISSIONERS, WHO IS BEING
SUED BY FORMER EMPLOYEE EVELYN PRIETO, IN THE
CASE STYLED EVELYN PRIETO V. COLLIER COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
AND IAN MITCHELL, INDIVIDUALLY, CASE NO. 2:13-CV-
489-FTM-38UAM, UNITED STATES DISTRICT COURT,
MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION
Item #16K3
A FINAL JUDGMENT WITH PROPERTY OWNER, CAMADA,
LLC, AWARDING COMPENSATION FOR PARCEL 104DAME
IN THE LAWSUIT STYLED COLLIER COUNTY V. ALAN
CASTLE, ET AL., CASE NO. 11-2758-CA (WHITE BLVD.
BRIDGE PROJECT #66066). (FISCAL IMPACT: $ 6,121 .50) —
PARCEL NEEDED FOR IMPROVEMENTS TO THE WHITE
BOULEVARD BRIDGE
Item #16K4
Page 247
September 10, 2013
A FINAL JUDGMENT IN THE AMOUNT OF $25,000 FOR
PARCEL 195DAME IN THE LAWSUIT STYLED COLLIER
COUNTY V. TONY GUARINO, III, ET AL., CASE NO. 11-CA-
3208 (LASIP-OUTFALLS 3 & 4 PROJECT #51101). (FISCAL
IMPACT $4,600) — FOR 3,9000 SQUARE FEET OF PROPOSED
PERPETUAL DRAINAGE, ACCESS AND MAINTENANCE
EASEMENT
Item #16K5
RESOLUTION 2013-182: AUTHORIZING THE AUTHORITY TO
ISSUE BONDS FOR A CONTINUING CARE RETIREMENT
FACILITY KNOWN AS THE ARLINGTON OF NAPLES — THE
FACILITY WILL BE LOCATED ON A 39 ACRE PARCEL ON
LELY CULTURAL PARKWAY NEAR THE INTERSECTION
WITH CR 951 IN THE LELY RESORT DEVELOPMENT
Item #16K6
AFTER-THE-FACT APPROVAL FOR THE BOARD OF COUNTY
COMMISSIONERS TO PARTICIPATE AS PLAINTIFF'S,
THROUGH MANAGED CARE ADVISORY GROUP, IN A
CLASS ACTION SETTLEMENT AGAINST DEFENDANTS,
VISA, MASTERCARD, ET AL., TO RECOVER EXCESSIVE
FEES PAID FOR ACCEPTING VISA AND MASTERCARD — TO
RECOVER EXCESSIVE FEES ISSUED DURING JANUARY 1,
2004 THROUGH NOVEMBER 28, 2012
Page 248
September 10, 2013
****Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Summary Agenda be adopted ****
Item #17A
RESOLUTION 2013-183 (DISTRICT 1) AND RESOLUTION
2013-184 (DISTRICT II): APPROVING THE PRELIMINARY
ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS,
AND ADOPTING SAME AS THE NON-AD VALOREM
ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE
MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT
NUMBER I AND SERVICE DISTRICT NUMBER II, SPECIAL
ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL
PROPERTIES WITHIN THE UNINCORPORATED AREA OF
COLLIER COUNTY, THE CITY OF MARCO ISLAND AND THE
CITY OF EVERGLADES CITY, PURSUANT TO COLLIER
COUNTY ORDINANCE 2005-54, AS AMENDED. REVENUES
ARE ANTICIPATED TO BE $18,867,400. FOR FY2014, THE
TOTAL SPECIAL ASSESSMENT PROPOSED FOR SOLID
WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE
DISTRICT I IS $173.49 AND SERVICE DISTRICT II IS $165.28
PER RESIDENTIAL UNIT. THESE ASSESSMENT AMOUNTS
ARE THE SAME AS THOSE APPROVED BY THE BOARD IN
FY2013
Item #17B
RESOLUTION 2013-185: VAC-PL20130001023, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
Page 249
September 10, 2013
INTEREST IN THE 15-FOOT UTILITY EASEMENT AS
RECORDED IN OFFICIAL RECORD BOOK 1543, PAGE 1026,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
ALSO BEING A PART OF SECTION 1, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE SPECIFICALLY SHOWN IN EXHIBIT A
Item #17C
RESOLUTION 2013-186: VAC-PL20130000419 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE 10-FOOT DRAINAGE
EASEMENT, BEING A PART OF LOTS 2, 3 AND 4 OF LELY
BAREFOOT BEACH, UNIT TWO, RECORDED IN PLAT BOOK
15, PAGES 71 THROUGH 72 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF
SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN
IN EXHIBIT A
Item #17D
RESOLUTION 2013-187: AVPLAT-PL20130000978 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE 10-FOOT
UTILITY EASEMENT LOCATED IN LOT 48, ROYAL COVE, AS
RECORDED IN PLAT BOOK 8, PAGE 13, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN
SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY FLORIDA, MORE SPECIFICALLY SHOWN
IN EXHIBIT A
Page 250
September 10, 2013
Item #17E
ORDINANCE 2013-52: AN AMENDMENT TO ORDINANCE
NUMBER 2009-22, AS AMENDED, THE PLANNED UNIT
DEVELOPMENT (PUD) TIME LIMITS AND TIME LIMIT
EXTENSION REQUIREMENTS AS FOUND IN SECTION
10.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE (LDC)
Item #17F
RESOLUTION 2013-188: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2012-13 ADOPTED
BUDGET
Page 251
September 10, 2013
Item #17F
RESOLUTION 2013-188: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2012-13 ADOPTED
BUDGET
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4: 15 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECI A DISTRIC S UNDER ITS CONTROL
GEO ", G 7K. HILLER, CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, CLERK
. Attest as to Chairman's
signature only.
These minutes approved by the Board on ID ig 1 , as
presented ,/ or as corrected
Page 251