BCC Minutes 01/14/2014 R BCC
REGULAR
MEETING
MINUTES
January 14, 2014
January 14, 2014
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 14, 2014
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, having conducted
business herein, met on this date at 9:00 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Tom Henning
Tim Nance
Fred Coyle
Donna Fiala
Georgia Hiller
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Finance Director
Tim Durham, Executive Manager of Corp. Business Operations
Troy Miller, Communications & Customer Relations Manager
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
January 14, 2014
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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January 14, 2014
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 of Naples
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. December 10-11, 2013 - BCC/Regular Meeting Minutes
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January 14,2014
E. Recommendation to appoint certain Commissioners to offices of the Board
of County Commissioners, the Community Redevelopment Agency, the
Community and Economic Development Board, the Tourist Development
Council and the Value Adjustment Board, in accordance with Ordinance
75-16, as amended, and Resolution No. 2013-291, and authorize the new
Chairs for both the Board of County Commissioners and the Community
Redevelopment Agency to execute all documents approved at both this
meeting and those documents which were previously approved but are
pending signature.
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation recognizing the 17th Annual Reverend Dr. Martin Luther
King, Jr. Parade and Celebration. To be accepted by Harold Weeks,
President, Collier County NAACP; Diann Keeys, Irene Williams and
Rhonda Cummings. Sponsored by the Board of County Commissioners.
B. Proclamation designating January 31, 2014 as Kindness Awareness Day in
Collier County. To be accepted by Bob Votruba, One Million Acts of
Kindness; Danielle Brown, DVOP Coordinator; Laura Pacter; Lois Bolin;
and Greg Sentron. Sponsored by the Board of County Commissioners.
C. Proclamation recognizing January 31, 2014 as Dr. Frank Van Essen Day in
honor of his 28 years of dedicated service to the Collier Mosquito Control
District. To be accepted by Dr. Frank Van Essen, Executive Director, Collier
Mosquito Control District. Sponsored by Commissioner Fiala.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for January 2014
to the Ritz-Carlton Resorts of Naples. To be accepted by Edward V. Staros,
Vice President and Managing Director and Bruce Seigel, Director of Sales
and Marketing.
6. PUBLIC PETITIONS
A. Public Petition request from Jared Grifoni representing the Libertarian
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January 14, 2014
Party of Collier County, requesting that the Board of County Commissioners
rescind Ordinance 2013-70 which established the La Peninsula Seawall
Municipal Service Benefit Unit (MSBU) and rescind Resolution 2013-292
which established a special assessment for funding seawall improvements.
Both Ordinance 2013-70 and Resolution 2013-292 were adopted by the
Board of County Commissions on December 10, 2013.
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1:30 p.m. This item continued from the December
10, 2013 BCCMeetinji. This item requires that ex parte disclosure be
provided by Commission members. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to
adopt a Resolution to disclaim, renounce and vacate the County and the
Public interest in a portion of Mamie Street south of Chokoloskee Drive,
being a part of Section 36, Township 53 South, Range 29 East,
Chokoloskee, Collier County, Florida.
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint a Commissioner to fill the existing vacancy on
the Southwest Florida Regional Planning Council.
B. Appointment of members to the Board of Building Adjustments and
Appeals.
11. COUNTY MANAGER'S REPORT
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January 14, 2014
A. This item to be heard at 10:00 a.m. This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in.
Recommendation to issue Big Corkscrew Island Fire and Rescue District a
Certificate of Public Convenience and Necessity for Advanced Life Support
non-transport services for one year and authorize the Chair to execute the
Permit and Certificate. (Dan Summers, Bureau of Emergency Services)
B. Recommendation to reconsider an ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances, which is the Collier County
Consolidated Impact Fee Ordinance, providing for modifications directed by
the Board of County Commissioners related to a change in the timing of
payment of impact fees to issuance of a certificate of occupancy and, if
approved, direct the County Attorney to advertise the proposed Ordinance
for future consideration. This item was approved for reconsideration at the
December 10, 2013 BCC Meeting. (Amy Patterson, Impact Fee Manager)
C. Recommendation to award Contract #13-6064 in the amount of$2,208,599
for Asset Management software and consulting, including implementation
and integration, to Woolpert, Inc.; award licensing and maintenance
agreements for software totaling $497,775; and authorize funding in the
amount of$567,893 for the approved Phase Three of existing Contract
#10-5447 with EMA of Minnesota, Inc. (George Yilmaz, Public Utilities
Administrator)
D. Recommendation to award Request for Proposal (RFP) #13-6173,
Outsourcing Concessions at the North Collier Regional Park and authorize
the Chair to sign a contract with NASA Holdings of Miami Inc., d/b/a
Concession Services Systems. (Barry Williams, Parks and Recreation
Director)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to appoint a member and an alternate member to the
County Canvassing Board for the 2014 Election Cycle.
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 1:00 p.m. Presentation of an analysis performed for
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January 14,2014
the Clerk by CliftonLarsonAllen LLP, an independent Certified Public
Accounting firm, of sub-recipient agreements approved by the Board of
County Commissioners (Board) to identify the amount of program income
earned by Housing Opportunities Made for Everyone, Inc. (H.O.M.E.)
related to the purchase, rehabilitation, and subsequent resale of foreclosed
properties partially subsidized by federal and state grant funds.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) 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 Camden Lakes Phase 2,
(Application Number PPL-PL20130000523) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
2) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of the 30-foot road right-of-way, utility
and drainage easement, recorded in Official Record Book 565, page
29 and also a part of Tract "OS-1" of Saturnia Falls-Phase One, Plat
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January 14, 2014
Book 51, pages 1-26 of the Public Records of Collier County, Florida,
also being a part of Section 16, Township 48 South, Range 26 East,
Collier County, Florida. (Petition VAC-PL20130001629)
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Lagomar at Fiddler's Creek,
(Application Number PL-20130000866) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
4) Recommendation to approve a Resolution authorizing the write-off
of all remaining uncollected fees/fines related to the American Traffic
Solutions (ATS) Traffic Infraction Detector Program (TIDP), also
known as the Red Light Running Camera Enforcement System.
5) Recommendation to approve Change Order No. 1 to Contract
#09-5262CI in the amount of$10,850 with CardnoTBE, for
"Independent Peer Review for the Chokoloskee Bridge Replacement"
over Chokoloskee Bay for Project No. 66066.9.2.
6) Recommendation to approve a release of lien in the amount of
$62,781.15 for payment of$15,681.15, in the Code Enforcement
Action entitled Board of County Commissioners v. J&C Francois
Family Ltd. Partnership, Code Enforcement Case No.
CESD20110003690, relating to property located at 5349 Golden Gate
Parkway, Collier County, Florida.
7) Recommendation to approve a release of lien in the amount of
$49,212.56 for payment of$562.56, in the Code Enforcement Action
entitled Board of County Commissioners v. Wilmer Espinal, Special
Magistrate Case No. CESD20110004390, relating to property located
at 5845 Everglades Blvd. N., Collier County, Florida.
8) Recommendation to approve a release of lien in the amount of
$19,363 for payment of$3,113, in the Code Enforcement Action
entitled Board of County Commissioners v. Summer Wind 368
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January 14,2014
Delaware LLC, Special Magistrate Case No. CEPM20130004766,
relating to property located at 5375 Grand Cypress Circle, Collier
County, Florida.
9) Recommendation to approve a partial release of lien, in the Code
Enforcement Action entitled Board of County Commissioners vs.
Curtis D. and Brenda Blocker, Code Enforcement Board Case No.
CEB 2005-35, relating to release of three condominium units located
at the Port of the Islands Resort, in Collier County, Florida.
10) Recommendation to adopt by Resolution a revised Neighborhood
Traffic Management Program Manual along with its contained
policies, procedures and techniques.
11) Recommendation to approve attached Change Order #2 to Contract
#13-5993 for Project 60088 to Midwestern Software Solutions, LLC
for consulting services to develop and support a traffic count software
system. This change is limited to project completion date and has no
fiscal impact.
12) Recommendation to approve a permit to conduct the annual Ziggy
Dicks Barbeque, Musical Festival, and Carnival on January 17th, 18th
and 19th, 2014 at Golden Gate Community Center and recommend
waiver of the Surety Bond in the amount of$2,500 for the event.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC), as
the Community Redevelopment Agency, authorize submittal of a
Disaster Recovery Initiative Grant application to Collier County to
fund the Bayshore Gateway Triangle CRA Pineland Avenue
Stormwater Project in the amount of$56,570, authorize the CRA
Board Chairman to execute the Subrecipient Agreement, if grant is
awarded, and approve all necessary budget amendments.
2) Recommendation that the Board of County Commissioners (BCC) as
the Community Redevelopment Agency authorize submittal of a
Disaster Recovery Initiative Grant application to Collier County to
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January 14,2014
fund the Bayshore Gateway Triangle CRA Karen Drive Stormwater
Project in the amount of$154,120, authorize the CRA Board
Chairman to execute the Subrecipient Agreement, if grant is awarded,
and approve all necessary budget amendments.
3) Recommendation that the Board of County Commissioners, as the
Community Redevelopment Agency (CRA), approve a time extension
Change Order #2 to a Work Order issued off Contract #09-5262-CI
between the Collier County Community Redevelopment Agency
(CRA) and Agnoli, Barber & Brundage (ABB) for Design Services
associated with the Colorado Avenue Improvement Project in
Immokalee.
4) Recommend the Collier County Community Redevelopment Agency
(CRA) approve an Exclusive Right of Sale Listing Agreement
authorizing Premier Plus Naples Realty, LLC, to market and sell CRA
owned property located at 4265 and 4315 Bayshore Drive consisting
of 17.89 acres.
5) Recommendation that the Collier County Community Redevelopment
Agency approve the sale of one single-family lot located at 2605 Van
Buren Avenue to A.P. Richter Holding Company, LLC; authorize the
CRA Chairman to execute all documents necessary to facilitate the
sale and authorize staff to deposit the funds received from the sale into
the appropriate account and approve all necessary budget amendments
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award RFP #13-6095, annual contract for
underground utilities parts and supplies, to Ferguson Waterworks, Inc.
2) Recommendation to approve a work order under Request for
Quotation #08-5011-109 in the amount of$332,100 to Kyle
Construction, Inc., for Tamiami Wellfield Meter Replacement
Project No. 70085.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve one (1) mortgage satisfaction for the
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January 14,2014
State Housing Initiatives Partnership (SHIP) loan in the amount of
$23,000.
2) Recommendation to approve attached Resolutions authorizing the
submittal of Federal Transit Administration Section 5310, 5311 &
5339 FY2014/2015 grant applications and applicable documents to
the Florida Department of Transportation (FDOT).
3) Recommendation to approve amendment No. 1 to the Home
Investment Partnership (HOME) Program Subrecipient Agreement
between Collier County and Community Assisted and Supported
Living, Inc. (CASL) in order to update the reimbursement method
language and also make necessary Fiscal Funding Year updates.
(Fiscal Impact: $0)
4) Recommendation to approve a Memorandum of Understanding
(MOU) with the Southwest Florida Workforce Development Board,
Inc. which will provide funds to allow 150 children to receive free
recreational opportunities during the school year.
5) Recommendation to approve the "Agency HMIS Agreement" between
Collier County and Catholic Charities Diocese of Venice, Inc. d/b/a
Catholic Charities of Collier County, as the lead agency for the
Homeless Management Information System web database ClientTrack
and authorize the County Manager or designee to sign an HMIS
Background Check Agreement with each County staff user.
6) Recommendation to approve one (1) mortgage satisfaction for the
State Housing Initiatives Partnership (SHIP) loan in the amount of
$2,500.
7) Recommendation to approve an after-the-fact grant application for a
3-year Florida Department of Children and Families Criminal Justice,
Mental Health and Substance Abuse Reinvestment Grant that is part
of the Victims Advocacy Organization (VAO) Grant Program
(Fiscal Impact: $1,713,049.86 over a 3 year time period)
8) Recommendation to approve two (2) Subrecipient Agreements and
one (1) substantial amendment for the approved U.S. Housing and
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January 14, 2014
Urban Development (HUD) Community Development Block Grant
(CDBG) projects previously approved for funding in FY2013-2014
HUD Annual Action Plan.
9) Recommendation to approve modification #8 to Disaster Recovery
Initiative (DRI) Grant Agreement#10DB-D4-09-21-01-K09 between
the Florida Department of Economic Opportunity (DEO) and Collier
County and approve two associated subrecipient agreement
amendments.
10) Recommendation to approve reimbursement to Collier County's
Department of Housing and Urban Development (HUD) line of Credit
for a FY 2007-2008 Emergency Shelter Grant (ESG) project that
exceeded the ESG essential services cap. Repayment in the amount of
$28,972.54 will require the use of FY13 HHVS general operating
funds (001-155930) and related budget amendments.
11) Recommendation to approve a Residential Lease Agreement for the
Pepper Ranch Preserve, 6315 Pepper Road, Immokalee, FL 34142 for
overnight and weekend security presence.
12) Recommendation to approve a revised standard Collier County Parks
and Recreation Instructor Contract Services Agreement form and
authorize the County Manager or his designee to enter into these
Agreements with the Instructors, issue Purchase Orders and authorize
payments without additional Board approval.
13) Recommendation to approve Amendment #3 to the David Lawrence
Mental Health Center, Inc. (DLC) agreement, to identify funding by
program area rather than by sub categories, and accordingly realign
performance outcomes. (Fiscal Impact: $1,385,040)
14) Recommendation to adopt a Resolution amending Resolution No.
2013-227, the Collier County Domestic Animal Services Fee Policy,
to provide for the limited waiver of fees where necessary and no
alternative exists.
15) Recommendation to direct the County Attorney to advertise an
amendment to Section 5.04.05.D of the Land Development Code,
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January 14, 2014
which currently provides that, after public hearing, the County
Manager may issue a 16-week, temporary use permit for the keeping
of up to two hogs on Estates zoned property of 1.25 acres or greater,
in preparation for showing and sale at the annual County Fair and/or
the annual Immokalee Livestock Show, which amendment would
convert this process from a public hearing to a permit issued by the
County Manager, and to further allow one hog per each child enrolled
in the 4-H Program, up to a maximum of two hogs per acre, and that
the Board stay the enforcement of the current Ordinance until the
public hearing.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation for after-the-fact approval of the Assistance to
Firefighters Grant application that was submitted to the Federal
Emergency Management Agency for the purchase of 82 mobile radios
and 94 portable radios in the amount of$671,662. ($604,496 grant
and $67,166 County match).
2) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
3) Recommendation that the Board of County Commissioners direct the
County Attorney to advertise an amendment to Ordinance 87-5,
Incentives for Job Related Achievement, to add an award for
employees who are retiring under the Florida Retirement System with
at least 5 years of County service, and bring back the proposed
amended Ordinance for a Public Hearing.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize advertising an Ordinance amending
Chapter 74 of the Collier County Code of Laws and Ordinances, the
Collier County Consolidated Impact Fee Ordinance, to incorporate
provisions clarifying the imposition of Water and Sewer Impact Fees
on geographic areas within the Collier County Water-Sewer District,
by eliminating the requirement to pay such impact fees unless service
is available.
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January 14, 2014
2) Recommendation to accept and approve the completed alternative
water and sewer impact fee calculation and approve a reimbursement
of water and sewer impact fees in the amount of$97,017.50 to Kane
Furniture Corporation as a result of the alternative impact fee
calculation.
3) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $15,000 and
budget amendment moving funds.
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairwoman to
execute the attached First Amendment to a Concessionaire Agreement
between the Collier County Airport Authority and Marco Aviation
Inc. d/b/a Air Expeditions for Specialized Aviation Service
Operations at the Marco Island Executive Airport to amend the leased
facilities.
2) Recommendation to approve the attached Concessionaire Agreement
between the Collier County Airport Authority and Fogarty Flying
Service for Specialized Aviation Service Operations at the Marco
Island Executive Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Appointment of member to the Collier County Coastal Advisory
Committee.
2) Appointment of members to the Collier County Public Safety
Authority.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Press Club Luncheon on December 5, 2013.
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January 14, 2014
The sum of$25 to be paid from Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Drug Free Collier Luncheon on March 6, 2014. The
sum of$35 to be paid from Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Alumnae Club of Pi Beta Phi Luncheon on
January 10, 2014. The sum of$25 to be paid from Commissioner
Fiala's travel budget.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Change of Watch Ceremony on January 11, 2014. The
sum of$50 to be paid from Commissioner Fiala's travel budget.
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Naples Botanical Garden's Lego Sculptures in the
Garden event on February 13, 2014. The sum of$100 to be paid from
Commissioner Fiala's travel budget.
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon November 20,
2013. The sum of$18 to be paid from Commissioner Fiala's travel
budget.
9) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Visionaries of the Visual Arts Award Dinner on
January 14, 2014. The sum of$75 to be paid from Commissioner
Fiala's travel budget.
10) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
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January 14,2014
Will attend the Marco Island Chamber of Commerce Graduation of
Leadership Marco Class of 2013 on January 19, 2014. The sum of$75
to be paid from Commissioner Fiala's travel budget.
11) Request for authorization to advertise an ordinance for future
consideration that would amend Ordinance No. 97-8, as amended,
relating to the Collier County False Alarm Ordinance.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file with action as directed.
Document(s) are available for review in the BCC Office until
approved.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
November 29, 2013 through December 5, 2013 and for submission
into the official records of the Board
2) To obtain Board approval for disbursements for the period of
December 6, 2013 through December 12, 2013 and for submission
into the official records of the Board.
3) To obtain Board approval for disbursements for the period of
December 13, 2013 through December 19, 2013 and for submission
into the official records of the Board.
4) To obtain Board approval for disbursements for the period of
December 20, 2013 through December 26, 2013 and for submission
into the official records of the Board.
5) To obtain Board approval for disbursements for the period of
December 27, 2013 through January 2, 2014 and for submission into
the official records of the Board.
K. COUNTY ATTORNEY
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January 14,2014
1) Recommendation to approve the proposed Settlement Agreement
reached by the parties in the lawsuit styled Board of County
Commissioners of Collier County, Florida, v. Timothy Hilts, Case No.
12-4482-CA, filed in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of$30,094, and
to authorize the Chair to execute the proposed Settlement Agreement.
2) Recommendation to approve a Final Judgment for the taking of
Parcels 110FEE and 110TCE in the lawsuit styled Collier County v.
Florida Power & Light Company, et al., Case No. 13-CA-1329 as
part of the Collier Boulevard widening project from Golden Gate
Boulevard to Green Boulevard, Project No. 68056. (Fiscal Impact:
$15,470)
3) Recommendation that the Board of County Commissioners approve
increasing a Purchase Order for Nabors Giblin & Nickerson, P.A.
("Nabors Giblin"), in connection with their providing legal services
involving the acquisition of the Orange Tree Utility Company, Inc.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20130002374, to disclaim, renounce and vacate the County and the public
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January 14, 2014
interest in four 5-foot utility easements being a part of lots 6, 7 and 8 of
Pelican Bay Unit Ten, as recorded in Plat Book 15, pages 64 through 67, of
the public records of Collier County, Florida, also being a part of Section 33,
Township 48 South, Range 25 East, Collier County, Florida, being more
specifically shown in Exhibit A.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20130001751, to vacate the 10-foot drainage easement being a part of Lot
20, Block 12 of Wilshire Lakes, Phase Two, as recorded in Plat Book 27,
pages 24 through 27, of the public records of Collier County, Florida, also
being a part of Section 31, Township 48 South, Range 26 East, Collier
County, Florida, being more specifically shown in Exhibit A.
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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January 14, 2014
January 14, 2014
MR. OCHS: Madam Chair, you have a live mic.
CHAIRMAN HILLER: Good morning and Happy New Year.
This is our first meeting of 2014. And welcome back.
If we could all rise, Pastor Michael Bannon will lead us in the
invocation, and he is with Crossroads Community Church of Naples.
And then Commissioner Henning, as the incoming Chair, I would
like to ask that you lead us all in the pledge.
COMMISSIONER HENNING: It would be my honor.
CHAIRWOMAN HILLER: Thank you.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR BANNON: Let's pray.
Oh, heavenly Father, as we stand on the threshold of this new
year, we look at it as a year with great promise and opportunity. We
thank you for blessing us with this past year as we see the weather
challenges that our family and friends in the north have been going
through; we count it a blessing to live in such a beautiful place with
such great weather and such a great community.
Thank you for your graciousness toward us. And to that end I
pray for our County Commissioners, that you would bless them with
great wisdom and insight as they make decisions that relate to our
county. I thank you for them and their service.
And I pray that you would bless us with wisdom as well and a
sense of cooperation that we might be good citizens of this county.
And bless us with the wisdom as well to know you as you want
to be known and to trust you as you want to be trusted. For the glory
of your name we pray, amen.
(Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: Thank you.
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January 14, 2014
County Manager, good morning.
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED
(EXPARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR
ADOPTED W/CHANGES
MR. OCHS: Good morning. Morning, Commissioners. Happy
new year.
These are your proposed agenda changes for the Board of County
Commissioners meeting of January 14th, 2014.
The first proposed change is to move Item 16.D.14 to your --
from your consent agenda to your County Manager regular agenda to
become Item 11 .E. It's a resolution dealing with the Domestic Animal
Services fee policy. That move is made at Commissioner Henning's
request.
The next proposed move is to move Item 16.D.15 from your
consent agenda to become Item 11.F under the County Manager's
regular agenda. And this is an item regarding a proposed amendment
to your Land Development Code regarding livestock in Estates lots.
And that item is also moved for discussion at Commissioner Henning's
request.
I have one agenda note that Commissioner Coyle noted and
requested that we put on the record this morning having to do with
Item 16.F.1 . Paragraph 3 in the consideration section of the executive
summary should read as follows: During the building permit process
a structure within the district boundary will not be charged water
and/or sewer impact fees unless a connection is made, as opposed to is
available.
And again, that change is made at Commissioner Coyle's request
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January 14, 2014
for clarification.
Commissioners, we have three time certain items scheduled for
today's meeting. The first would be heard at 10:00 a.m. That is Item
11 .A on your agenda. It's the presentation of the COPCN request and
application from the Big Corkscrew Island Fire and Rescue District.
At 1 :00 p.m. you will hear Item 13.A. That is the internal audit
report from the Clerk of the Courts regarding the H.O.M.E. program.
And at 1 :30 p.m. this afternoon you will hear Item 9.A, and that
is the public hearing regarding the proposed vacation of a section of
Mamie Street in Chokoloskee Island.
Madam Chair, that's all the changes that I have this morning,
except to note that the court reporter breaks are scheduled for 10:30
a.m. and if needed 2:50 p.m.
CHAIRWOMAN HILLER: Thank you very much.
So to begin, let's go to the consent agenda. Any discussion on
the consent agenda?
COMMISSIONER HENNING: Madam Chair, the two items I
pulled from consent I don't have any problems with the item, I just
think that we can make it better, that's why I pulled them.
CHAIRWOMAN HILLER: Much appreciated.
Any further discussion on the consent agenda?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you, I have a motion and a
second.
Before we take the vote, ex parte disclosure.
Commissioner Coyle?
COMMISSIONER COYLE: No disclosure on the consent or
summary agenda.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: No disclosures for consent.
CHAIRWOMAN HILLER: Thank you.
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January 14, 2014
Commissioner Nance?
COMMISSIONER NANCE: No disclosure for consent today,
Madam Chair.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: None.
CHAIRWOMAN HILLER: And I also have no disclosure for
consent.
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.
Item #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EXPARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA) — ADOPTED
MR. OCHS: Item 2.B is approval of today's summary agenda as
amended.
CHAIRWOMAN HILLER: Any discussion on the summary?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We have a motion and a second.
Disclosures. We already have Commissioner Coyle's.
Commissioner Fiala?
COMMISSIONER FIALA: No disclosures.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: No, ma'am.
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January 14, 2014
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: None.
CHAIRWOMAN HILLER: And I also have no disclosure.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
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.
CHAIRWOMAN HILLER: Any discussion on the regular
agenda?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We have a motion and a second.
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.
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Proposed Agenda Changes
Board of County Commissioners Meeting
January 14,2014
Move Item 16D14 to Item 11E: Recommendation to adopt a Resolution amending
Resolution No.2013-227,the Collier County Domestic Animal Services Fee Policy,to provide
for the limited waiver of fees where necessary and no alternative exists. (Commissioner
Henning's request)
Move Item 16D15 to Item 11F: Recommendation to direct the County Attorney to
advertise an amendment to Section 5.04.05.D of the Land Development Code,which
currently provides that,after public hearing,the County Manager may issue a 16-week,
temporary use permit for the keeping of up to two hogs on Estates zoned property of 1.25
acres or greater,in preparation for showing and sale at the annual County Fair and/or the
annual Immokalee Livestock Show,which amendment would convert this process from a
public hearing to a permit issued by the County Manager,and to further allow one hog per
each child enrolled in the 4-H Program,up to a maximum of two hogs per acre,and that the
Board stay the enforcement of the current Ordinance until the public hearing.
(Commissioner Henning's request)
Note:
Item 16F1: Paragraph 3 under the Considerations section of the Executive Summary is
amended to read as follows: During the building permit process,a structure within the District
boundary will not be charged water and/or sewer impact fees unless a connection is available made.
(Commissioner Coyle's request)
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
Item 13A to be heard at 1:00 p.m.
Item 9A to be heard at 1:30 p.m.
1/14/2014 8:34 AM
January 14, 2014
Item #2D
MINUTES FROM THE DECEMBER 10-11, 2013 BCC/REGULAR
MEETING — APPROVED AS PRESENTED
MR. OCHS: Item 2.D is approval of the regular meeting minutes
of the Board of County Commissioners meeting of December 10th
and 11th, 2013.
CHAIRWOMAN HILLER: Any discussion?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We have a motion and a second,
and no further discussion.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Carries unanimously.
Item #2E
APPOINTING CERTAIN COMMISSIONERS TO OFFICES OF
THE BOARD OF COUNTY COMMISSIONERS, THE
COMMUNITY REDEVELOPMENT AGENCY, THE
COMMUNITY AND ECONOMIC DEVELOPMENT BOARD,
THE TOURIST DEVELOPMENT COUNCIL AND THE VALUE
ADJUSTMENT BOARD, IN ACCORDANCE WITH ORDINANCE
75-16, AS AMENDED, AND RESOLUTION NO. 2013-291, AND
AUTHORIZE THE NEW CHAIRS FOR BOTH THE BOARD OF
COUNTY COMMISSIONERS AND THE COMMUNITY
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January 14, 2014
REDEVELOPMENT AGENCY TO EXECUTE ALL
DOCUMENTS APPROVED AT BOTH THIS MEETING AND
THOSE DOCUMENTS WHICH WERE PREVIOUSLY
APPROVED BUT ARE PENDING SIGNATURE - MOTION TO
ELIMINATE APPOINTING MEMBERS TO THE VAB AT THIS
TIME — APPROVED; MOTION APPOINTING: COMMISSIONER
HENNING BCC CHAIRMAN; COMMISSIONER NANCE VICE-
CHAIRMAN OF THE BCC AND CHAIRMAN OF THE TDC,
COMMISSIONER FIALA CRA CHAIRMAN AND
COMMISSIONER COYLE CRA VICE-CHAIRMAN; AND
COMMISSIONER HILLER CHAIRWOMAN OF THE
COMMUNITY AND ECONOMIC DEVELOPMENT BOARD —
APPROVED
MR. OCHS: Item 2.E is a recommendation to memorialize
previous Board decision on appointments to various positions on the
Board of County Commission and newly established boards that this
Board made on the December 10th, 2013 meeting.
It also complies with the requirement of your county ordinance
requiring the selection of a Chair and Vice Chair of the Board of
County Commissioners at the first meeting of January of each year.
Commissioners, we did have, subsequent to the publication of the
agenda, a communication from Ms. Patricia Morgan from the Clerk of
the Courts Office relating to the recommended appointments of two
commissioners to your Value Adjustment Board. All of these
appointments in this executive summary are recommended to become
effective upon a vote of the Board.
Ms. Morgan is suggesting -- requesting that the Board, with
respect to the Value Adjustment Board appointments in this executive
summary that are recommended to go to Commissioners Henning and
Coyle, not take effect until July 1st of this year, which would begin
the new Value Adjustment Board cycle for 2014.
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January 14, 2014
CHAIRWOMAN HILLER: So at this point we won't make any
appointments to the Value Adjustment Board and that can be made at
that time.
MR. OCHS: Or you can just defer the effective date of those
appointments of those two commissioners at that point.
CHAIRWOMAN HILLER: We can do that too.
MR. OCHS: Whatever the pleasure of the Board. But she would
like the current appointees to the Value Adjustment Board to conclude
the 2013 cycle, which will end in the end of June of this the calendar
year.
CHAIRWOMAN HILLER: It doesn't matter. County Attorney,
is there a preference for how you would like to see that vote conducted
as to the Value Adjustment Board?
MR. KLATZKOW: I think we should do the Value Adjustment
Board when it comes back.
CHAIRWOMAN HILLER: Okay. So we just will eliminate that
from the action we're taking today.
At the last Board meeting we approved this late, and so what we
are doing here is re-ratifying what we already approved, or are we
going to revote on --
MR. KLATZKOW: The ordinance requires that you set your
Chair and Vice Chair at this meeting, so that's what we're doing.
CHAIRWOMAN HILLER: Okay, then we'll go ahead and do
that.
COMMISSIONER HENNING: Madam Chair, I'll make a
motion to approve eliminating the appointments to the VAB.
Also it was mentioned and -- about a new commissioner from
District 4, you know, not having the knowledge or wherewithal to step
into a position of Chair or Vice Chair. And quite frankly, I thought
about it and I think it's correct. So I'd like to -- in my amendment to
have Commissioner Nance be the Vice Chair for 2014.
CHAIRWOMAN HILLER: That's fine.
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January 14, 2014
And then who are you recommending as chair of TDC,
Commissioner Nance also?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: That's fine. That can be readily
done.
So then you've made a motion which I'll second which is
eliminating the Value Adjustment Board for consideration at this
meeting. And then we will have a separate motion which I would like
to make which is the appointment of the new Board leadership, if
that's acceptable.
COMMISSIONER HENNING: That's my motion.
CHAIRWOMAN HILLER: So let's go ahead and vote first on
the first motion, which is to remove consideration of the appointment
to the Value Adjustment Board at this time.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We have a motion and a second --
or okay, you can go ahead and second it.
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.
And I would like to make a motion to appoint Commissioner
Henning as the new Chair of the Board of County Commissioners,
Commissioner Nance as the Vice Chair and Chair of the Tourist
Development Council, Commissioner Fiala as the Chair of the CRA.
Commissioner Coyle as the Vice Chair of the CRA. And myself as
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January 14, 2014
the Chair of Community and Economic Development.
COMMISSIONER HENNING: And the Vice Chair of the BCC?
CHAIRWOMAN HILLER: Commissioner Nance. He's two
things: He's vice chair of the BCC and vice chair of the Tourist
Development Council.
COMMISSIONER NANCE: Who's the chair?
CHAIRWOMAN HILLER: I mean chair of the tourist
development. Don't confuse me. The word vice is upsetting. Go
ahead.
COMMISSIONER NANCE: We can never be in favor of vice,
ma'am.
Second.
CHAIRWOMAN HILLER: Thank you.
Any discussion?
MR. OCHS: Madam Chair, the recommendation also includes a
recommendation that the new chairs not only be obviously authorized
to sign all official documents included in this agenda and future
agendas, but also any subsequent documents for prior meetings that
still have not yet come for execution. If the new chairs of the County
Commission and the CRA would be authorized --
CHAIRWOMAN HILLER: I'll amend my motion accordingly.
COMMISSIONER NANCE: And I'll amend my 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.
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January 14, 2014
Congratulations.
CHAIRMAN HENNING: Thank you.
(Applause.)
CHAIRMAN HENNING: Now how do we want the seating
arrangement?
COMMISSIONER HILLER: I actually wanted to -- I'm not
going to say, but how about if you and I just switch.
CHAIRMAN HENNING: Okay. Well, that's easy on everybody
else so --
COMMISSIONER HILLER: Let's do it.
CHAIRMAN HENNING: -- I think that will work.
COMMISSIONER HILLER: I'm going to miss you, Donna.
COMMISSIONER FIALA: Yeah, you bet.
COMMISSIONER HILLER: It was so much fun gossiping with
you.
COMMISSIONER COYLE: Notice that she's not going to miss
me.
COMMISSIONER NANCE: So you're looking for this?
COMMISSIONER FIALA: It took me five years to be chairman
when I first started. Good for you, you're going to be there by the
third year. Congratulations.
COMMISSIONER NANCE: I don't know about that, but thank
you, ma'am. And I know you'll enjoy being head of the CRA.
COMMISSIONER HILLER: This is also all your stuff.
CHAIRMAN HENNING: Commissioners, ladies and
gentlemen, County Manager, County Attorney, at this time I want to
present an award to former Chairman of the Board of Commissioners
Georgia Hiller for her excellent leadership during the 2013 year. And
I've heard from several residents of-- you know, the meetings are
going much better with great decorum and civility, so congratulations.
COMMISSIONER HILLER: Thank you. Thank you very
much.
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January 14, 2014
(Applause.)
COMMISSIONER HILLER: Thank you so much. That's very
kind of you. It has been an honor to serve. And I know,
Commissioner Henning, you're going to do an outstanding job. And it
can only get better and better and better. So thank you for everything
and the opportunity.
CHAIRMAN HENNING: Thank you. And I'm sure with the
help of others, especially Commissioner Coyle, we can make this a
wonderful experience for all.
Okay, next item.
MR. OCHS: Congratulations, commissioners.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION RECOGNIZING THE 17TH ANNUAL
REVEREND DR. MARTIN LUTHER KING, JR. PARADE AND
CELEBRATION. ACCEPTED BY HAROLD WEEKS,
PRESIDENT, COLLIER COUNTY NAACP; DIANN KEEYS,
IRENE WILLIAMS AND RHONDA CUMMINGS — ADOPTED
MR. OCHS: Mr. Chairman, the next item is Item 4.A under
proclamations on your agenda this morning. It's a proclamation
recognizing the 17th annual Reverend Dr. Martin Luther King, Jr.
parade and celebration. To be accepted by Harold Weeks, President,
Collier County NAACP; Diann Keeys, Irene Williams, and Rhonda
Cummings. And this item is sponsored by the entire Board of County
Commissioners. Would you please step forward and receive your
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January 14, 2014
proclamation.
(Applause.)
MR. WEEKS: I guess I have to say a few words.
CHAIRMAN HENNING: If you would, please.
MR. WEEKS: I usually do.
Good morning, Commissioners, Mr. Ochs, Mr. Durham. It's nice
to be here at a lighter moment.
And I appreciate the proclamation for the 17th parade that we're
holding this Monday, January 20th. It's going to start at Third Street
and Broadway to go down Third Street to Fifth Avenue, down Fifth
Avenue to Eighth and into Cambier Park. Parade starts at 11 :00.
We have quite an addressing parade for you, and I hope
everybody will enjoy it. Plus at 12:00 there will be a great, great
program at Cambier. So those of you here, those of you out there in
TV land, come on down, sit around, have a good time. I'll try to wave
at everybody that I see. But everybody's welcome. And I'd like to say,
this is one of your Collier County parades. Thank you very, very
much for your support. And it's really appreciated from all of us.
Thank you.
(Applause.)
CHAIRMAN HENNING: Next item?
Item #4B
PROCLAMATION DESIGNATING JANUARY 31, 2014 AS
KINDNESS AWARENESS DAY IN COLLIER COUNTY.
ACCEPTED BY BOB VOTRUBA AND BOGART, ONE MILLION
ACTS OF KINDNESS; DANIELLE BROWN, DVOP
COORDINATOR; LAURA PACTER; LOIS BOLIN; AND GREG
SENTRON — ADOPTED
MR. OCHS: Item 4.B is a proclamation designating January
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January 14, 2014
31st, 2014 as Kindness Awareness Day in Collier County. To be
accepted by Bob Votruba, One Million Acts of Kindness; Danielle
Brown, DVOP Coordinator; Laura Pacter; Lois Bolin; and Greg
Sentron. This item is sponsored also by the entire Board of County
Commissioners.
(Applause.)
MR. VOTRUBA: Good morning, everyone. Bogart and I could
not be any more honored as we travel the country spreading kindness
to communities across the United States. Truly kindness is one of
those core values we should all adopt into our lives, teaching kids
from a very young age to seniors well and above over 100 years old.
You know, I visited a lot of Collier County elementary schools
on my last walk through town last year and will do again so in
February of this year. Looking forward to it, to spread kindness all
throughout Collier County on Collier County's Kindness Awareness
Day. Thank you so very much.
(Applause.)
CHAIRMAN HENNING: Commissioner Fiala has a question.
COMMISSIONER FIALA: Yes, sir. Do you have like
something that you pass out to people that has like bullet points that
say what you can do to be kinder to people?
MR. VOTRUBA: Absolutely. You know, on my website,
onemillionactsofkindness.org there's all sorts of information. We have
a huge presence on Facebook. We put a post-up yesterday on
Facebook and had so many "likes" all throughout Collier County.
Really all throughout the United States people heard of this day
happening. This needs to spread across the country, and it is.
I do have a number of different items that I pass out. There's
contact information on the website. If any of you would like to
contact me, WWW.onemillionactsofkindness.org, I'd be more than
happy to send you any of the information either by email or hard copy
mail to you. Thank you so much.
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January 14, 2014
(Applause.)
CHAIRMAN HENNING: Next proclamation, please?
Item #4C
PROCLAMATION RECOGNIZING JANUARY 31, 2014 AS DR.
FRANK VAN ESSEN DAY IN HONOR OF HIS 28 YEARS OF
DEDICATED SERVICE TO THE COLLIER MOSQUITO
CONTROL DISTRICT. ACCEPTED BY DR. FRANK VAN
ESSEN, EXECUTIVE DIRECTOR, COLLIER MOSQUITO
CONTROL DISTRICT — ADOPTED
MR. OCHS: Item 4.0 is a proclamation recognizing January
31st, 2014 as Dr. Frank Van Essen Day, in honor of his 28 years of
dedicated service to the Collier County Mosquito Control District. To
be accepted by Dr. Van Essen, Executive Director of the Mosquito
Control District.
This item is sponsored by Commissioner Fiala. Dr. Van Essen,
congratulations.
(Applause.)
COMMISSIONER NANCE: I guess we're not supposed to swat
anything, right?
DR. VAN ESSEN: Well, I guess I'll say a few words here.
County Manager said I could have half an hour.
MR. OCHS: Sure, Frank, it's your day.
DR. VAN ESSEN: This is a pleasant surprise for me today. I've
known Commissioner Fiala for many years and so I really appreciate
her sponsoring me for this award.
I think we've always had a good relationship with the County
Commission. We've come to you many times to expand our district
and always had very good cooperation. And we've always worked
with county staff on a number of occasions, mostly seeking advice.
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January 14, 2014
You have a lot of knowledgeable people working here, so I think it's
been a very good relationship.
I'd also like to say it's been a good time at the Mosquito Control
for 28 years. It's been a challenge, it's been interesting, rewarding,
entertaining at times. So I've had a really good time there.
And there's a lot of good people that work there also. I'm happy
to have my wife here today.
(Applause.)
DR. VAN ESSEN: And a couple employees, Stacy Welch and
Adrian Salinas.
(Applause.)
DR. VAN ESSEN: And finally I'd like to introduce my
successor, Jim Stark, if you would stand for just a second, please, Jim.
(Applause.)
DR. VAN ESSEN: Jim comes to us from Minnesota where he
was director at the district in Minneapolis/St. Paul that covers seven
counties, and is actually the largest mosquito control organization in
the country. So he has many years experience and I'm sure he'll do a
very good job for the district. So I'm happy to have him on board.
We're overlapping for a month so I can teach him everything I
know in a month. So again, thank you very much. Thank you,
Commissioner Fiala, and I'm sure Jim will do a great job.
COMMISSIONER FIALA: Yes, I'd --
CHAIRMAN HENNING: Commissioner Fiala.
COMMISSIONER FIALA: -- like to just say -- thank you very
much.
I'd just like to say, I take tour groups out, you probably all know
that, every year. And I brought a tour group over to the Mosquito
Control Department. And they had all types of mosquitoes, you
know, still living and everything. But they're in a cage. You know,
that's pretty good.
And then you go out into their hangar where they have their
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January 14, 2014
aircraft. I want to tell you, you could eat off the floor of that place, it
is so clean. The employees are happy, they're friendly. And I was just
so proud to bring people over to see what a great establishment you
have. And the people that were there were saying oh, we've got to
bring our neighbors next year. So I hope your new replacement won't
mind if we take another tour group over there. Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
CHAIRMAN HENNING: Yeah, Frank has always hit the core
mission of Mosquito Control and for our residents and visitors, so I
congratulate you for your service and enjoy your retirement.
Entertain a motion to approve today's proclamations.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: motion by Commissioner Fiala,
second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Next item?
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JANUARY 2014 TO THE RITZ-CARLTON
RESORTS OF NAPLES. ACCEPTED BY EDWARD V. STAROS,
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January 14, 2014
VICE PRESIDENT AND MANAGING DIRECTOR AND BRUCE
SEIGEL, DIRECTOR OF SALES AND MARKETING —
PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 5 on your
agenda this morning, Presentations. Item 5.A is a presentation of the
Collier County Business of the Month for January, 2014 to The
Ritz-Carlton Resorts of Naples. To be accepted by Ed Staros, Vice
President and Managing Director; and Bruce Seigel, Director of Sales
and Marketing.
Please step forward, gentlemen.
(Applause.)
COMMISSIONER HILLER: Commissioner Henning has given
me the privilege of honoring you, Mr. Staros, and we are so many
grateful to you and everything that you have done for this community
if terms of economic development, in terms of being an absolutely
outstanding employer, and in terms of being an incredibly wonderful
community partner. So thank you for everything you're doing, we're
very grateful.
And Chamber, thank you for recognizing them.
MR. STAROS: Thank you all for this honor. It wouldn't have
happened without the county and without the coordination of the
building and permitting department.
Just for everybody to know, about six months before we closed
the hotel on July 24th, I called up Claudine Auclair in the county
offices and I said Claudine, we have an unbelievable amount of work
that we need to get done in a very short period of time, and could you
put together a meeting for us with all the people in the county that
need to be there, all the permitting, North Naples Fire Department, the
building permitting department and et cetera, et cetera. And she said,
it would be our pleasure to do so.
In doing so, she put together a meeting, I think there was 29
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January 14, 2014
people around the table at Horseshoe, and we sat down -- and with
Jim's help and so forth. We sat down and we went through every
aspect of the renovation. And it was an impossible task. It was 166
days of work to be done in 66 days.
And it got done. And it got done because everybody within the
county at all levels, from the fire department to the permitting
department, helped us every single way. We opened on October 1st,
we were sold out on October 2nd, and we just had the best fourth
quarter in the history of the hotel, having finished that property.
(Applause.)
MR. STAROS: Thank you very much.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. Those words are just
magnificent. Could we do a replay on that. I mean, those are bringing
tears to my eyes.
And kudos to staff. I mean, Nick and Leo and Jamie and
whoever else is here from the Building Department. I don't see
anyone else. You guys did an absolutely phenomenal job and you
have great leadership skills and great execution skills. So we thank
you.
Because Collier County in the past did not have that kind of
reputation. And this project, this 66-day project -- how many millions
were involved?
MR. STAROS: North of 40.
COMMISSIONER HILLER: Okay, north of$40 million spent
in this community in 66 days without a hitch is testimony to great
management.
COMMISSIONER NANCE: They don't have a casino there, do
they?
COMMISSIONER HILLER: Not yet, right?
But absolutely fantastic. Thank you so much, Leo and Nick and
Jamie. And Ed for spending all that money and giving us nice places
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January 14, 2014
to go. Great night club, by the way, Dusk? Love it. Very nice.
CHAIRMAN HENNING: Next item?
Item #6A
PUBLIC PETITION FROM JARED GRIFONI REPRESENTING
THE LIBERTARIAN PARTY OF COLLIER COUNTY,
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS RESCIND ORDINANCE 2013-70 WHICH
ESTABLISHED THE LA PENINSULA SEAWALL MUNICIPAL
SERVICE BENEFIT UNIT (MSBU) AND RESCIND
RESOLUTION 2013-292 WHICH ESTABLISHED A SPECIAL
ASSESSMENT FOR FUNDING SEAWALL IMPROVEMENTS.
BOTH ORDINANCE 2013-70 AND RESOLUTION 2013-292
WERE ADOPTED BY THE BOARD OF COUNTY
COMMISSIONS ON DECEMBER 10, 2013 - MOTION TO BRING
BACK, STAFF TO PROVIDE A LEGAL OPINION AND
RECOMMENDATIONS FOR FURTHER ACTION AT A FUTURE
MEETING — APPROVED; RECONSIDERATION WILL BE
PROVIDED ON FEBRUARY 11, 2014 BCC CONSENT AGENDA
MR. OCHS: Yes, sir. We move to Item 6 on your agenda this
morning, Public Petitions. Item 6.A is a public petition request from
Jared Grifoni representing the Libertarian Party of Collier County,
requesting that the Board of County Commissioners rescind
Ordinance 2013-70 which established the La Peninsula Seawall
Municipal Service Benefit Unit, and rescind Resolution 2013-292,
which established a special assessment for funding the seawall
improvements.
Both ordinances were adopted by the Board of County
Commissioners on December 10th, 2013.
CHAIRMAN HENNING: Mr. Grifoni?
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January 14, 2014
MR. GRIFONI: Good morning, Commissioners. Thank you for
the opportunity to speak to you regarding this creation of the MSBU
for La Peninsula, a private gated community for the purpose of
repairing and replacing their seawall, their existing seawall for the
benefit of the property owners in that development.
I know I only have 10 minutes today, so I I'm going to try and
make all this brief. There's a lot of issues here. So excuse me if I am
concise.
First and foremost, though, we need to touch on the Constitution.
The Florida Constitution is definitive -- it's a foundation for our source
of government, it's the foundation for the Florida Statutes, and even
our county ordinances.
Article 7, Section 10 deals with finance and taxation. And in
Section 10 it specifically states that neither the state nor the county or
other entities can lend or use or give its taxing power for the credit to
aid any private entity. Now again, it cannot use the taxing power to
aid any private entity.
Now, we know that there are some exceptions to that particular
portion of the constitution. They deal with public trust funds,
obligations backed by the United States and so forth.
Seawall repair and replacement is nowhere to be found. But is
the county really using its taxing power here? Because we're talking
about MSBUs. Well, MSBUs are special assessments that are paid
back from the property owners within the boundaries of the created
MSBU.
Now, in AGO 85-90, Marion County faced a similar issue.
They're a non-charted county, just like Collier County is. And in that
AGO it was written that special assessments are distinguishable from
taxes but they are levied under the taxing power.
So again, we do need to fall back to that Constitutional provision.
We are talking about the taxing power here.
Now, if we are the constitutionalists that we say we are, that
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January 14, 2014
really should be the end-all and be-all of this discussion. But really
there's a lot more to go over. And some people say that the
Constitution's a living document, Florida Constitution or the Federal
Constitution. Some people say that it's eroded over time. But the fact
is, we all are here to stand up for the principles of the Constitution.
Now, the Florida Statutes are the same. Statute 125 -- Section
125, that was the authority under which the MSBU ordinance was
created. Now, in 125.01 .Q, that's the relevant portion. It states that
MSBUs can be created, they can be utilized, but only for certain
teams: For things like fire protection, law enforcement, street
sidewalks, garbage and trash collection. Again, seawall repair and
replacement is nowhere to be found in that statute. There's no seawall
repair or replacement there.
And the Statute's very specific. It deals with public utilities in a
sense, public things that are unrelated to private seawall construction.
Now, 125 is the authority listed in the ordinance itself. And I
received an email from the County Attorney as well, and
Commissioner Hiller, we've discussed it as well, regarding Florida
Statute 170.
Now, 170, the email that I received from the County Attorney
noted it wasn't a legal brief, and I think for good reason. Because 170
doesn't apply to counties at all. 170 applies to municipalities. Title 12
is for municipalities, Title 11 is for counties. So 170 doesn't apply
here at all. Now -- and it certainly doesn't apply for Isles of Capri,
because Isles of Capri is an unincorporated area of Collier County, it's
not a municipality. Collier County isn't a municipality.
Municipalities are charted cities in the State of Florida.
So we can see whether it's under the constitution or the Florida
Statutes, whether it's 125 or 170, the authority just doesn't exist.
Well, what about the county ordinances? We can look at those
too. 122.2043 of Collier County Ordinances deals with MSBUs.
Well, in that ordinance it says that MSBUs can be created to provide
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January 14, 2014
for water, sewer, streets and other essential facilities.
Now, this piggybacks on 125, we're dealing with the same thing:
Water, sewer, streets and other essential facilities. Essential facilities
are most frequently defined as natural monopolies, things like utilities,
transportation facilities, things of that nature. Again, not seawalls.
Essential facilities are public facilities, not private facilities.
So we don't have the authority under the Constitution, the Florida
Statute or the county ordinances anywhere for repair and replacement
of seawalls.
Now, there's a variety of AGOs out there, and I'm not going to go
into all of them today, but Flagler County, City of Belle Isle, they've
done these things as well -- they've tried to do these things as well and
they've all been rejected on the grounds that there's no public purpose.
Now, we know that when county funds are expended it has to be
done for a public purpose. And at the December meeting Attorney
Klatzkow mentioned that at the end of the day public money must be
spent for a public purpose.
So what's the public purpose? Well, AGO 90.37 is actually even
a little stricter. It's not just a public purpose, it's a paramount public
purpose.
Now, like I mentioned, Flagler County had a similar issue. City
of Belle Isle tried to create an MSTU, slightly different but the same
thing, it's just how they're taxed.
But an MSTU just cover the costs associated with private
common areas. That was rejected because there wasn't a public
purpose. It was again the benefit of a private agency. They fell back
on the Constitution, Article 7, Section 10, same thing that we're
talking about here today.
Escambia County, now they're unrelated to Collier County but
they are a non-chartered county in Florida, they have a very clear and
concise policy on MSBUs. Their MSBU book states, quote, the funds
raised are public funds and must be collected, accounted for and spent
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January 14, 2014
in accordance with applicable laws regarding public funds. Only
public property, only public property can be maintained and improved
by an MSBU. Access must be open to all members of the public
equally. In addition, adequate easements are property dedications
must be provided.
So again, what does Escambia County know that for some reason
it seems like we don't know here in Collier County so far?
Code Enforcement as well. We've seen this, what happened to
Code Enforcement? Have they been, you know, going to sleep for
five or 10 years? No, actually not. Code Enforcement has been called
out. They have looked at the La Peninsula seawall back in 2009.
They found that there were minor cracks of no concern, normal wear
and tear, and the seawall wasn't in any failure.
Well 2009, that was four, five years ago now. Well, what about
more recently? 2013, same thing. They went out to La Peninsula to
inspect the seawall. August of 2013, just a couple of months before
this issue was even brought before the Board. Well, County Engineer
Jack McKenna, he made a determination that it's not a health and
safety situation, that the seawall needs some minor repairs, that there's
no violation at this time, and that a permit wasn't even required to
make these repairs because they're so minor.
So what exactly is going on here? Well, we know in August of
2012 La Peninsula voted down 4-3 spending $4,000 for an engineer's
report for DEP, $18,000 for a building permit that would have been
good for five years. We know that they had approximately $200,000
in seawall reserves at that time. We know that there was an ongoing
legal dispute between La Peninsula and the former owners of the
seawall over whether or not the seawall was turned over in proper
condition. That lawsuit happened to be voluntarily dismissed in 2013.
And I don't want to speculate, but again, do we really have all the
facts?
Now, the issue here too is precedent. Precedent's a big one.
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January 14, 2014
Precedent that's going to be set here is very dangerous. We have over
500 homeowners associations in Collier County. And if they all came
looking for the same bailout, because that's what this is, it's a bailout
for mismanagement, you're looking at $2 billion added to county debt.
Because this money does get added to county debt, even though it's
paid back by the MSBU.
Does Collier County really want to get into that situation?
Again, never happened before in the State of Florida, it's never
happened before in Collier County.
Now, we don't even know how it's going to be financed. It's like
Nancy Pelosi came down to the Collier County Board and said well,
you've which got to pass this ordinance to find out what's in it. We
don't know what's in it.
Commissioner Hiller, even at the December meeting you asked,
you know, how is this going to be financed, who's incurring this debt?
And the answer from Attorney Klatzkow is we don't have financing
plans in place yet and I cannot answer that question.
Well, that doesn't really fill me with a lot of confidence, to be
honest. And I think really it's just a lack of having the information in
front of us.
The ordinance itself, again it says that hey, if there are conflicting
ordinances in existence, if there's conflicting laws, the more strict law
shall apply. So again, we see this -- if you look at the whole picture,
there's a lot of issues here.
Now, I hope I've been able to express a lot of these issues in a
clear and concise manner in the short amount of time that we had here.
And I believe that the Commission here is a good one and I believe
that you've all been proceeding in a manner that you believe to be
best, not only for the Board of County Commissioners but for La
Peninsula, as well as Collier County residents, and I think that this
new information really deserves more than 10 minutes of, you know,
rushed conversation here to really be delved into and to look at
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January 14, 2014
properly, just so it has the proper justice here.
Now, we can argue back and forth about the condition of the
seawall, whether or not this Board owner said this or that Board owner
said that. But it's secondary to the legal and Constitutional authority
that simply doesn't exist.
Now, in summary, the county ordinances don't support this, Code
Enforcement doesn't support this, the AGOs don't support this, Florida
Statutes don't support it, and ultimately and most importantly, the
Florida Constitution doesn't support this either.
Now, we have a variety of unanswered questions here. And it's
incumbent upon this Board to exercise the proper due diligence on this
MSBU going forward. We certainly don't want to get into another
situation where there's another lawsuit that is unnecessary that doesn't
need to happen. We need to review all these facts before we go
forward and make sure that this is on the proper legal and
constitutional authority.
Now we all are here because we believe in fiscal conservatism.
We believe in the proper role of government. And I think this Board
wishes to continue to follow those principles, to abide by those
principles, and frankly those principles unite virtually all of us here in
this room today.
I believe that the only appropriate action that can be had today is
that this Board moves to rescind the ordinance and resolution and it's
brought back up at the next meeting. I think that this needs to be
done. There's so many issues here and it was very difficult to the get
them all into the 10-minute time span here without properly
explaining them all.
But as you can see, there's a lot to discuss here and I think it's
incumbent that we do look at this again. Thank you.
CHAIRMAN HENNING: You actually have time left.
(Bell sounds.)
CHAIRMAN HENNING: That's the one-minute warning. You
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January 14, 2014
still have one minute.
MR. MILLER: Actually, that's it.
CHAIRMAN HENNING: That's it?
MR. MILLER: That's it.
CHAIRMAN HENNING: What happened to our yellow button?
MR. MILLER: I don't know why we did not get a warning on
that, sir. I'll figure that out.
CHAIRMAN HENNING: Yeah, fix that.
Commissioner Nance?
COMMISSIONER HILLER: It's actually Commissioner Hiller.
CHAIRMAN HENNING: Oh, Commissioner Hiller. I'm sorry.
COMMISSIONER HILLER: But I'll go by any name.
CHAIRMAN HENNING: We'll change that. We need to
change that.
COMMISSIONER COYLE: You look so much alike.
COMMISSIONER HILLER: Yeah, I know.
COMMISSIONER NANCE: Commissioner Coyle, please.
COMMISSIONER HILLER: So first of all, George, you've
presented very well. In the 10 minutes you brought a lot of issues
forward.
At this stage where you've put forward a request to have this
matter brought back, I don't believe that this Board has the ability to
rescind the ordinance right here and now, so I don't think that can be
part of any motion.
But I feel that there are enough questions being raised that this
should be brought back. And I think we do need to get definitive
answers on everything that you have put forward. Because we do
want to act legally and we do want to respect the constitution.
And so I would like to make a motion to approve your request to
bring this matter back. And I don't think it should be brought back at
the next meeting, because I think the County Attorney should be given
time to review your questions and do the appropriate level of research
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January 14, 2014
necessary to come back and inform us as to -- in a formal legal brief
what his position is on all the legal points that you have raised. I
mean, they're important questions.
So I make a motion that we bring this back for a future hearing
and that it be the first hearing in February.
CHAIRMAN HENNING: I'll second that motion. However, the
proper forum would be to write a memo to the County Manager
asking for reconsideration. I'm assuming that you're going to do that.
COMMISSIONER HILLER: Well, is it really a reconsideration?
Because it's not really a reconsideration of this. I mean, we approved
it. I mean, I can, because I did vote in the majority so I can do a
request for reconsideration. But in this case, this is a petition to
review legal questions related to an ordinance, and if the finding is
that the law doesn't support what is being proposed that that ordinance
be rescinded.
So do we need a reconsideration or can we just move forward in
the following manner? Which I don't care. I'll do it whichever way.
MR. KLATZKOW: My preference is to limit the number of
issues. And I concur with the Chair on this, if you would draft a letter
to the County Manager under the reconsideration ordinance, you are
removing a potential issue.
COMMISSIONER HILLER: Okay. Is that your pleasure,
Commissioner Henning? Would you prefer I do it like that way?
CHAIRMAN HENNING: I'm just saying the process that we set
out in the County Commissioner meeting ordinance under
reconsideration, a memo should be sent to --
COMMISSIONER HILLER: Wait, a memo is not a problem.
County Manager, would you kindly draft a memo that I'm going
to sign and send back to you? I would really appreciate it. And we
can get that done today and that way we don't fall short of what our
reconsideration ordinance requires.
Is that okay, County Attorney?
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January 14, 2014
MR. KLATZKOW: Thank you.
COMMISSIONER HILLER: Is that okay with you,
Commissioner Henning?
CHAIRMAN HENNING: That's fine.
Commissioner Fiala, Commissioner Coyle and then
Commissioner Nance.
COMMISSIONER FIALA: Thank you.
It looks like this is going to pass, so I wanted to ask the County
Attorney number one, it seems like a lot of this is interpretation, and
everybody interprets everything from their own point of view. So as
we're doing this, we have many, many, many, MSTUs, MSBUs and so
forth.
And so while we're taking this into consideration, I want to know
that -- like for instance, Forest Lakes Roadway and Drainage, we
never had that before, just as we didn't have seawalls. Does that then
say that they cannot continue with their MSTU or MSBU, whatever it
is?
And what about Pelican Bay, they've taken their MSBUs out for
landscaping. And that's wonderful and they want to do that and I
support that. But again, is that interpretation? I think that when it
comes back, we better find out who all can do it or is it just La Pen
that can't do it but everybody else can. I think that needs to be decided
here for us.
We also have Radio Road East that's funding landscaping
improvements. We also have Pine Ridge, Naples Production Park.
These are all things that I think again we have to address. If we're
going to interpret one thing one way, then we better interpret all of
them that way and find out who is getting it and who is not, who's
allowed to keep theirs and who is not.
And also, I would like to know, the County Attorney, do you
have anything to add to some of this stuff?
MR. KLATZKOW: No, I believe this was a lawful ordinance, it
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January 14, 2014
was lawfully enacted and it falls within what the Board has done in the
past with the MSTUs, MSBUs and --
COMMISSIONER FIALA: Can you talk into your mic?
COMMISSIONER HILLER: Yeah, it's hard to heard.
COMMISSIONER FIALA: I believe that the ordinance was
lawful. It was lawfully enacted. I worked with Nabors-Giblin on this
one. They're the state's leading authority in this area.
Because I did know that we're pushing the boundaries a bit on
this one, to put it mildly. But I do believe that the Board had the
authority to do what it did. And if this thing's brought back, we'll fully
articulate this in executive summary, as requested by Commissioner
Hiller.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I disagree with the County
Attorney's advice that it has to be reconsidered. I don't think it's a
reconsideration, but I won't belabor the point.
This is a question of fact. And you have your interpretation and
we have ours. I think we need to have a discussion concerning that,
and we have to have the proof presented. I don't think it's necessary
that we go through the reconsideration of this entire process.
I for one have simply can't reconcile the refusal to let residents
tax themselves to do what they want to do. I can't think of anything
more democratic than that process. It doesn't create an obligation for
the rest of the taxpayers.
Any bonds that are to be issued concerning this are secured by a
lien on the property of the people in La Peninsula, not by any other
taxpayer.
So I can't think of anything more democratic than allowing
residents to collect additional funds from themselves to do things they
want to do. But I think those questions have to be answered and I
think it should come back for those specific issues but not for
reconsideration of the entire ordinance. But you can do them both at
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January 14, 2014
the same time.
CHAIRMAN HENNING: Okay, Commissioner Nance?
COMMISSIONER NANCE: I agree 100 percent with
Commissioner Coyle. I don't want to reconsider the resolution and the
ordinance. I believe all we've done, and it was agreed at the time, to
take the first step to allow people to start to gather facts. And indeed
we need to decide if this is legal action of the Board. And I think it's
the role of the County Attorney to do so.
So I see no reason, as Commissioner Coyle discussed, to go back
and reconsider the resolution and the ordinance. I'd rather address the
issues as the citizens of La Peninsula are addressing their issues and
bringing their proposal forward to the Board. At any time in there the
Board does not find it to be a lawful public purpose, then it's certainly
not going to proceed.
So I think we need to answer questions, I think a full and open
discussion is in order, but I will not support a reconsideration.
COMMISSIONER HILLER: And, you know, from my
perspective, I don't see -- the procedure of the reconsideration versus
accepting this petition and putting this -- these issues back on the
agenda I think is six of one, half a dozen of the other. And if we go
back to have the discussion and the discussion proves that the
ordinance is in fact invalid, then we can make a motion to revoke the
-- to revoke the ordinance --
COMMISSIONER NANCE: At that time.
COMMISSIONER HILLER: -- at that time.
COMMISSIONER NANCE: Yes, ma'am.
COMMISSIONER HILLER: So it doesn't really matter.
Because really, it's just the procedure I don't think is going to make a
big difference. But I will amend my motion not to make it a
reconsideration and merely to accept the public petitioner's request to
have this matter brought before the Board and explore all the
questions that have been raised in this presentation.
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January 14, 2014
I would like to further amend my motion by adding one more
thing and that is the primary public purpose. I think staff on the
County Manager's side needs to come back and tell us what is the
primary public purpose of the decision that we made. And I think that
has to be defined. Because that is an important threshold question.
There are a lot of the issues that are raised by this. For example,
we use -- going to the issue of seawalls not being addressed, to give
you an example, our CRA which collects ad valorem tax dollars from
residents within the CRA uses those tax dollars to repair private
seawalls. We have all voted on that. So that's a question -- which is
very different than the question here. Because the question here is can
we allow for a public financing mechanism repaid through special
assessments for the repair -- and it's not really the repair, but it really
would be the enhancement of this seawall since, as you properly
pointed out, it's not a repair issue, it's I guess a height issue or it's not
high enough or something?
MR. GRIFONI: Yeah, there's a lot of issues. And it's going to
need to be done in 10 or 15 years again anyway. We'll be back in the
same situation.
COMMISSIONER HILLER: So again, you know, you've got
the issue of, you know, the seawall versus the debt versus, you know,
what vehicle and so forth. There are a lot of-- and, you know, what is
the primary public purpose.
So it is a discussion that should be had because it touches on an
whole host of issues that we need to make sure that we're acting
properly on.
So I'll just amend my motion, since I don't think that the majority
wants it as a reconsideration, and to me it has the same effect either
way, it brings it back for the questions to be asked and answered.
CHAIRMAN HENNING: Okay, so you're amending yours
motion contrary to what the recommendation of the County Attorney
said; however, you want the County Attorney to come back with a
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January 14, 2014
legal finding.
COMMISSIONER HILLER: County Attorney, do you have a
problem if we don't do it as a reconsideration? I think it can be done
either way. I'm not disagreeing, I'm just thinking that it can be done
either way.
MR. KLATZKOW: Your issue is that if ultimately you rescind
this ordinance you're opening up an argument from La Peninsula that
you did so contrary to your reconsideration ordinance. By simply --
it's sort of wearing above the suspenders. By simply bringing this
back and asking for reconsideration, you've removed that potential
issue from the table.
COMMISSIONER HILLER: That's an important consideration.
COMMISSIONER NANCE: Doesn't that stop the whole
process, though, sir?
MR. KLATZKOW: No.
COMMISSIONER NANCE: How can they form an advisory
committee if they don't have a --
MR. KLATZKOW: Oh, yes, it will stop that process. But if it's
ultimately your desire to rehear this thing, it's ultimately your desire to
rescind this thing. By casting this in a dual purpose that was
suggested earlier, you are eliminating one of the potential issues that
could be raised.
COMMISSIONER HILLER: I see.
MR. KLATZKOW: I'm not saying it's a viable argument, I'm
just saying it's just an issue that doesn't --
COMMISSIONER HILLER: I understand. It's not that -- I
understand your point. It's not that it is improper to do it the way I'm
suggesting or can't be done the way I'm suggesting. What you're
saying is to do it by request for reconsideration we are properly
addressing that statute so it can't be alleged that it wasn't brought back
under -- I'm sorry, that ordinance, that it wasn't brought back under
that ordinance.
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January 14, 2014
MR. KLATZKOW: Correct.
COMMISSIONER HILLER: I understand.
MR. KLATZKOW: So it's really you bring it back for a twofold
purpose.
COMMISSIONER HILLER: But the advisory board can
continue until that hearing, can't it? I mean, it's not going to stop the
advisory board from being formed just because we're asking for a
reconsideration. It doesn't stop the process.
MR. KLATZKOW: If they want to bring it to you, you're the
ones who form the advisory board.
COMMISSIONER NANCE: The basis for a reconsideration is
contemplating that it's going to be voided. So where are we going
with that?
MR. KLATZKOW: Exactly.
COMMISSIONER HILLER: But not necessarily.
CHAIRMAN HENNING: It's a motion to reconsider, rehear the
motion defined what we're going to rehear, and basically it's a legal
argument. You're going to get a written legal opinion on this.
MR. KLATZKOW: You will get a -- my understanding from the
discussions, I will provide you an expanded legal consideration, and
the County Manager will be providing you with the public purpose.
CHAIRMAN HENNING: Well, we already did the public
purpose through the ordinance in the whereas. And it says: Funding
for the seawall and other waterway improvements is to benefit the
property owners in such area. That's a finding, the whereas part.
MR. KLATZKOW: I'm just -- this is the discussion,
Commissioner.
CHAIRMAN HENNING: I know. I know it's -- there's a lot of
argument up here by the Board of Commissioners, so I think if staff
wants to participate in that, that's fine.
But anyways, I know it's a public petition, we can't take an action
on a public petition, all we can do is give direction.
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January 14, 2014
Commissioner Fiala, and then I want to speak.
COMMISSIONER FIALA: Okay, I have two things: The first
thing is as we're addressing this, again we all agree it's interpretation.
So are we just going to target La Peninsula and let everybody else out
of this, or is this going to affect all the others?
Like for instance when Vanderbilt Beach came in and they
wanted to establish one so that they could bury their lines and we all
voted on that. And we felt that they would be allowed to do that.
Now each of these things that come forward, does this mean
we're never going to accept one or only from La Pen? I think that that
ought to be -- you know, because if we're just targeting one
community, I think that that's illegal.
But anyway, the second thing is Tony Pires, could you come up
for just a moment?
CHAIRMAN HENNING: No public speakers under a public
petition. That's the rules and we always abide by those. Mr. Pires can
definitely, you know, send correspondence to the commissioners.
This is going to be reheard if motion passes. So that would be the
time that the public in general can speak on the item.
Okay, I want to address some things.
Commissioner Fiala, you stated about these other --
COMMISSIONER FIALA: I was also --
CHAIRMAN HENNING: Yeah, I said I was going to speak
after you.
Forest Lake MSTU, their roadways, anybody can drive on their
roadways.
Pelican Bay, we have an ownership within the Clam Bay system,
including stormwater. And again, the general public can enjoy driving
down Pelican Bay Boulevard.
Radio Road east was formed as an MSTU, taxing the people in
the area to make improvements on county property, okay.
And Pine Ridge is not a gated community. The people can go
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January 14, 2014
down there. There's been many improvements, including street
repaving, configuration and drainage for that road.
And again, the public purpose was stated in the ordinance of
benefiting the residents in La Peninsula.
And in fact, back in that meeting the County Attorney stated this
is the first that this has ever happened, not only in the county but in
the State of Florida. So it is setting precedence, all right?
And the precedence, the other precedence is what happens with --
in our -- one of our ordinances it says about nuisance abatement and
seawalls. What are we going to do for all these other citizens that
county staff has gone out there due to public complaint and said your
seawall has not been -- it's in disrepair, you need to fix it. Are we
going to create a taxing mechanism to fix all those seawalls? Okay,
that's one consideration.
Besides the fact that we have so many homeowners associations
in Collier County and what are we saying to the ones that have
collected assessments and done the right thing by fixing their roofs,
fixing their drainage, fixing their sidewalks. Are we going to say don't
do that anymore, you can petition us, as long as the majority of your
residents (sic), that we can provide that funding mechanism? I mean,
it's a real slippery slope if we go down here. Besides the fact this legal
challenge.
And quite frankly, we create this, we get a loan or bond, we
deposit the funds, the Board approves the contract to replace this
seawall. Is the Clerk of the Court going to pay the contractor to do
that? That will delay what is the assumption, assumption, that this
seawall needs to be replaced, contrary to some of the residents within
La Peninsula because it was a residence (sic) who called in for an a
anonymous complaint that the HOA said the seawall needs to be
replaced.
And again, our own engineer says it only needs to be repaired.
So it's more than a global issue about legal issues. It's an issue is how
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January 14, 2014
much we want to increase our debt that we committed to lowering our
debt. That is another issue you need to really consider. And with that,
I'll turn it over to --
COMMISSIONER FIALA: Could you tell me how that affects
our debt? I don't understand that. I mean, being that we don't have to
hold any money up or give them any money, how does it affect our
debt?
CHAIRMAN HENNING: Okay, there's a misconception that
this is their money. It's not. And in fact it says the MSBU is
controlled under the governing body of the Board of Commissioners.
This money will be a part of our budgeting process. If we borrow
money it is the county's debt. It would be recognized throughout.
If it was just a matter of loaning them money and let them fix it,
we wouldn't have to involve the Clerk, we wouldn't have to -- the
Chairman wouldn't have to sign, or the Vice Chair in this case, if it
goes through, wouldn't have to sign the loan or the bond. It's the
public's money.
So it's recognized and it will -- you can ask Mark Isackson if it's
going to be part of the county debt.
COMMISSIONER FIALA: I think we're not allowed to hear
from people, you said.
CHAIRMAN HENNING: County staff has responded to public
petitions in the past. But you can ask the budget director in the future
or you can ask him, he's standing right up there. It's yours privilege.
COMMISSIONER FIALA: Go ahead.
MR. ISACKSON: Commissioners, Mark Isackson, your
Director of Corporate Finance.
Every -- we have debt issued for Forest Lakes, we have debt
issued for Radio Road, we have CRA debt. It's all part of our
portfolio. The only thing that's not part of our portfolio is what we call
is conduit debt. That's debt issued through one of the Health Facilities
Authority or the Industrial Development Authority, things of those
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January 14, 2014
natures.
The -- what I get concerned about is simply the repayment
source. What's their source of repayment. And in the bond
documents or in the loan documents is the county a back stop to the
debt.
And those are key issues when you start looking at these little
nuances that are out there within these MSTUs.
Now, every one of the MSTUs that we have, or MSBUs, the debt
is secured either by referendum or not either through the taxing
authority or through the proceeds of the CRA, and the county is not a
back stop to that debt. Period.
So those -- that's the nuances, is it part of our portfolio? The
answer is yeah, it is, but --
CHAIRMAN HENNING: We have to approve that every year?
MR. ISACKSON: Every year in your budget process you
approve not only the operating funds within the MSTUs, but if there's
debt service associated with it, the debt service funds.
COMMISSIONER FIALA: Could I just ask you, does that mean
we're responsible for that debt?
MR. ISACKSON: When you say responsible, we're talking
about what's the specific pledge and is the county a back stop to that
debt.
COMMISSIONER FIALA: Tell me what back stop is.
MR. ISACKSON: That means if they default, we step in and pay
for it. The answer is no, we don't step in and pay for it. And that's
specific in the bond covenants. We make sure that you make those
decisions every time you form those MSTUs or MSBUs.
CHAIRMAN HENNING: Commissioner Coyle. Who was next
after Commissioner Coyle?
COMMISSIONER HILLER: I think then Commissioner Nance
and then me.
COMMISSIONER COYLE: So it's not county debt.
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January 14, 2014
MR. ISACKSON: Commissioner, it's part of our debt portfolio.
We report on it as part of our debt portfolio, we're asked about it in
terms of our debt portfolio from Moody's and the investor services.
So it is part of our debt portfolio.
COMMISSIONER COYLE: Just like the CRA purchased the
land in the mini triangle, right?
MR. ISACKSON: Yeah.
COMMISSIONER COYLE: They got bond and a bank loan.
MR. ISACKSON: That was a bank loan.
COMMISSIONER COYLE: And there was no recourse to
county or other taxpayers outside of that CRA.
MR. ISACKSON: It's very specific in the loan document, right,
as to what you're talking about.
COMMISSIONER COYLE: It's very specific in the loan
document here also.
MR. ISACKSON: That's right.
COMMISSIONER COYLE: Okay, I'll get back to the point.
We were discussing how we would get this issue resolved,
reconsideration or something else.
It's my belief, and the County Attorney can comment on this, that
if we have created an illegal ordinance, we have to act on it to resolve
it, no, matter what the reconsideration policy says.
So in my opinion, rather than confusing a lot of issues here, we
should take the first step of addressing the factual issues. Is it really a
debt for other taxpayers or is it a debt only for La Peninsula?
We answer those questions and any other questions that would
determine the legality of the ordinance. And if we come to the
conclusion that the ordinance is illegal, then we can schedule the
hearing on the ordinance itself and to withdraw it. And I think we will
have pursued the proper legal process in both meetings.
CHAIRMAN HENNING: Well, the problem with that is in our
ordinance you have up to two meetings to reconsider an item. The
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January 14, 2014
County Attorney has opined the proper way to do that. That's what the
motion is. So unless the motion maker changes it, we're going to
move to Mr. Nance.
COMMISSIONER COYLE: Well, wait, you've just said
something that isn't true. We have an obligation to reverse an illegal
ordinance at any time we find out it is illegal. You cannot impose a
two meeting limit on doing that.
COMMISSIONER NANCE: On illegality.
COMMISSIONER COYLE: That's right.
So the rehearing, reconsideration process is simply not relevant if
we have done something illegal. It is incumbent upon us to resolve
that illegality as quickly as we can. And if it falls outside of the two
meeting specifications included in our reconsideration ordinance, then
we have to act anyway.
CHAIRMAN HENNING: It only becomes illegal when a judge
finds that it's illegal.
COMMISSIONER COYLE: Or if we decide it's illegal.
CHAIRMAN HENNING: Well, yeah, and we will through the
reconsideration process.
Commissioner Nance?
COMMISSIONER NANCE: I think the more important thing
here, and the only reason I'm interested in this particular issue and that
I voted to allow them to come forth with a proposal, is I think there's
great value in the government providing an administrative mechanism
to allow citizens to self-finance projects that have tremendous cost.
I think the government should be very happy when citizens come
forward and say I will pay for something. Because if citizens don't
agree to pay for things, oftentimes it does fall to the government in the
end. So I don't want to find a bunch of reasons back to the
constitution unless there is a clear illegality to disallow what I think is
a very good mechanism and one that quite likely in the years to come
we're going to find has great utility in areas where there are
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January 14, 2014
infrastructure issues of great cost that do indeed benefit private groups
of citizens more than the public in general. I think our waterfront is a
tremendous example of that. I think we can see that across the nation
and the world.
So when people come up and say we want to pay for something,
I don't want to go out of my way if it is indeed legal for us to do that
to gin up some reason to deny them the opportunity to pay for
something themselves.
So, you know, I will support the reconsideration. I don't really
care what the mechanism is. You know, we're going to have to judge
on its legality. Let's just move ahead and determine if it's legal. Then
we're going to have to decide as a Board if we think it has a valid
public purpose or not and go forward. And if we don't, they don't have
an opportunity.
So I don't see any big cataclysmic risk where life's going to end
as we know it either way.
COMMISSIONER HILLER: So to be clear, my motion will be
for a reconsideration of what we approved and to ask the County
Attorney to come back to us with -- I think it needs to be more than an
expanded legal consideration. I think it really should be a legal
opinion. If we have to go to outside counsel to get that, we probably
should. And to ask even though it does state in the ordinance that we
approved that the public purpose is the reconstruction of the seawall,
for the benefit of the citizens of La Peninsula I still would like to see
that validated by county staff as in fact -- you know, as really defining
what is the primary public purpose of this project. The primary
public, public purpose of this project.
CHAIRMAN HENNING: We can always change the ordinance.
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: Instead of, you know, saying it's the
benefit of the community, you can say it's a benefit to all.
COMMISSIONER HILLER: And --
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January 14, 2014
CHAIRMAN HENNING: And maybe we can provide public
access to that for fishing --
COMMISSIONER HILLER: Well, let the County Manager
come back and tell us what is -- based on the facts as they exist, what
is the primary public purpose, not the primary private purpose but the
primary public purpose of doing this.
And listening to the discussion, which I think was very fruitful, I
would like to add one thing to the County Attorney and that is, you
know, one thing that we do whenever we issue public debt is we have
a bond validation or essentially a debt validation hearing with the
courts. And it would be -- it would be informative to the Board if we
could find out how that process could be applied here before any debt
would be issued through the county.
MR. KLATZKOW: I've had that discussion with outside counsel
previously and it will be part of my executive summary.
COMMISSIONER HILLER: I'm sorry?
MR. KLATZKOW: It will be part of my executive summary.
COMMISSIONER HILLER: Fantastic. That's really great.
So I've made my motion. And if I could have a second?
CHAIRMAN HENNING: Yeah, you already have a second by
Commissioner Nance.
COMMISSIONER HILLER: Okay, thank you.
CHAIRMAN HENNING: Okay, let's -- since this is
reconsideration, it's going to come back, why don't we hold any other
questions or comments 'til later. Is that okay?
COMMISSIONER FIALA: Just a fast one, though.
I would suggest to the La Pen people, if this seawall is providing
silt into the pass, you might want to investigate that as you go forward,
because that is definitely a public purpose. Thank you.
CHAIRMAN HENNING: All in --
MR. OCHS: Mr. Chairman, I'm sorry, I don't want to the belabor
this, but just procedurally for the public's edification, and I'd ask the
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January 14, 2014
County Attorney perhaps to weigh in here, but my understanding of
your reconsideration ordinance relating to non land use and zoning
matters is that it's a two-step process.
So if there's an expectation that the Board will make a decision at
the next meeting, I'm not sure that your ordinance allows for that.
Jeff, I don't know --
MR. KLATZKOW: You would have to advertise a change in the
ordinance anyway, so the discussion could center on whether or not
we want this change in the ordinance, which is in essence should we
reconsider.
CHAIRMAN HENNING: What would be the change to the
ordinance?
MR. KLATZKOW: If you want to rescind it, it needs an
ordinance.
CHAIRMAN HENNING: You said it has to be a change
anyways within the ordinance.
MR. KLATZKOW: I'm sorry, if I said that I misspoke.
What I'm saying, if it's the Board's desire to rescind or to amend
the ordinance, I have to advertise it. So this is going to be a two-step
process, if the Board wishes to go forward.
MR. OCHS: Because typically the first step is just a decision on
whether or not you want to reconsider. And then if you do, we come
back at a subsequent Board meeting with the actual --
CHAIRMAN HENNING: Yeah, put that on the consent, if the
majority of the Board wants to reconsider this.
MR. OCHS: Well, I think I'm hearing the County Attorney say
you can have more discussion in this case. But we'll --
MR. KLATZKOW: We'll work this out.
MR. OCHS: Okay.
COMMISSIONER HILLER: Well, can I make a suggestion?
Because otherwise this is going to drag on. If you could draft that
letter for me this morning, let's amend the agenda to add a vote on the
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January 14, 2014
reconsideration at this meeting so it can be brought forward in the time
frame that we suggested and get it done.
CHAIRMAN HENNING: That isn't how our ordinances --
MR. KLATZKOW: You wanted to bring this back the first
meeting in February. That means we can do the reconsideration at
your next meeting on consent and then have it brought back when you
want it brought back.
COMMISSIONER HILLER: Okay, that's fine too. That works
just as well. That's fine.
CHAIRMAN HENNING: No further discussion, all in favor of
the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Motion carries 4-1, Commissioner
Coyle dissenting.
We have a time certain at 10:00.
Item #1 1 A
RECOMMENDATION TO ISSUE BIG CORKSCREW ISLAND
FIRE AND RESCUE DISTRICT A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ADVANCED LIFE
SUPPORT NON-TRANSPORT SERVICES FOR ONE YEAR AND
AUTHORIZE THE CHAIR TO EXECUTE THE PERMIT AND
CERTIFICATE - MOTION TO APPROVE — FAILED; MOTION
FOR THE COUNTY ATTORNEY, COUNTY MANAGER AND
THE FIRE DISTRICTS TO BRING BACK AN ANALYSIS OF
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January 14, 2014
ENHANCED SERVICES COUNTY WIDE AND PROPOSED
ADOPTION OF THE COCPN TO THE FIRST MEETING IN
FEBRUARY 2014 — APPROVED
MR. OCHS: Yes, sir, Mr. Chairman, that item is Item 11 .A.
Would you like me to wait for a moment, sir?
CHAIRMAN HENNING: No, go ahead.
MR. OCHS: Item 11 .A is to be heard at 10:00 a.m. This item
requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this -- this is a recommendation
to issue Big Corkscrew Island Fire and Rescue District a Certificate of
Public Convenience and Necessity for advanced life support
non-transport services for one year, and authorize the Chair to execute
the permit and certificate.
Mr. Dan Summers, your Director of the Bureau of Emergency
Services, will present.
CHAIRMAN HENNING: Do we have to have the public sworn
in, in this process?
MR. KLATZKOW: I think it's a good idea.
CHAIRMAN HENNING: Okay. All persons signed up or
wishing to speak on this item, please rise, raise your right hand so the
court reporter can swear you.
(All speakers were duly sworn.)
CHAIRMAN HENNING: And everybody except for staff has
signed up for this item, the general public or the petitioner?
Obviously the petitioner did.
MR. OCHS: Mr. Miller, how many registered speakers for
11 .A?
MR. MILLER: I'm sorry, sir. We have three registered speakers
for this item, sir.
CHAIRMAN HENNING: Now, time for ex parte.
Commissioner Nance, do you have any ex parte on this particular
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January 14, 2014
COMMISSIONER NANCE: Yes, sir, indeed I do. I have had a
number of various meetings, emails, letters and calls, all of which I
have a stack about this large that's assembled in my ex parte. But I've
had a great deal of communication on this issue with many people.
CHAIRMAN HENNING: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Correspondence, emails and calls.
CHAIRMAN HENNING: And I've had emails, correspondence
and phone calls.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I've had emails,
correspondence, phone conversations. Do you want me to name the
people? I don't know that. Meetings in my office. I've called people
to request information from them as well. And tried to do everything I
can to do my homework and background checks. Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I have had meetings, I received
correspondence, emails and telephone calls and they're in my file if
anyone wants to see them.
CHAIRMAN HENNING: Okay, Mr. Summers, good morning.
MR. SUMMERS: Good morning, Mr. Chairman,
Commissioners. For the record, Dan Summers, Director of the Bureau
of Emergency Service and Emergency Management. And Happy
New Year to you as well.
In front of you is an executive summary. If you'll recall just
briefly back in November Big Corkscrew Fire Control Rescue District
submitted an application -- I'm sorry, back in October -- September,
pardon me, September they submitted an application for a Certificate
of Public Convenience and Necessity for a non-transport COPCN
certificate.
In September you heard that particular item and after some
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January 14, 2014
discussion requested that this item go back to the Public Safety
Authority for some additional discussion and input.
We did in fact do that in the subsequent meeting and brought this
back to you today. The Public Safety Authority had considerable
discussion and heard testimony from members of the public, fire
commission members from Big Corkscrew. The Public Safety
Authority did vote in the affirmative for this COPCN granting, and the
summary minutes are part of your backup.
We have also just brought to you a few additional comments,
because there's been several months that have gone by on this
particular item. And as you know, we've always maintained vigilance
in balancing the system, looking at things like AUIR and response
times and those type of things.
And Chief Kopka is here, along with his staff, because they did
in fact try a couple of innovative strategies there in that particular
district by putting a battalion chief nearby to have a little more closer
observation on the transport units and hoping of moving those units
around just a little bit during certain call situations in order to keep
response times that are best available.
So we have this in front of you today. I don't have much more to
add; I think the executive summary clarifies that quite well. And
obviously you have speakers that would like to comment on that. So
that's all I have based on the background information you have, the
executive summary sort of bringing you up to date, and I'm here for
any questions or comments.
CHAIRMAN HENNING: Would you call the public speakers,
please.
MR. MILLER: Certainly. Your first public speaker is Steve
Donovan. He'll be followed by Michael R. Ramsey.
MR. DONOVAN: Good morning, Commissioners.
Congratulations, Mr. Henning for your promotion now for Chair.
CHAIRMAN HENNING: It's not a promotion.
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January 14, 2014
COMMISSIONER HILLER: We are a board of equals.
MR. DONOVAN: That's it, that's it.
CHAIRMAN HENNING: We are equal.
MR. DONOVAN: Mr. Ochs too, I appreciate your service. And
Mr. Coyle, for his time and service on there.
As you know, I'm Steve Donovan. I was a former school board
member. And I have moved out to Big Corkscrew Island Fire
Department's district. I've been out there now since 2012.
September of 2012 I had a cardiac event. I wouldn't wish that on
anyone. Okay. So fortunately the EMS truck was in. Fortunately
everything went well.
The difference, and this is no disrespect to EMTs, they are the
foundation of an EMS system. But an EMS system is not -- an EMS
system or fire department ultimately that wants to provide an upgrade
in their level of service must have trained, medical directed
paramedics to operate as paramedics. They must have the tools to be
allowed to -- only a paramedic could have potentially saved my life
with my cardiac event. Not an EMT, not a AAD. It had to be a
paramedic.
Why I'm suggesting to have this is ultimately EMS did a great
job. As you know, I was 28 years as a paramedic firefighter. I have
sat in the engines and on the EMS trucks. I know the job frontwards
and backwards like my hands.
So what I'm suggesting is the Commissioners go ahead and
support this one-year process to allow the upgrade of Big Corkscrew
Fire Department to help people like me who have a potentially
life-threatening incident that only a paramedic can solve with the right
medications and the right heart defibrillator.
So just keep it simple. Just keep it to that way. If that was you
out there that had that same incident, an EMT could not have been
able to give the correct drugs. It could have been -- which I had was
atrial fibrillation but it could have been ventricular trichocardia which
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January 14, 2014
was life-threatening and only a paramedic would have been able to do
this.
So they won't travel. That engine will be there the majority of
times, we know this.
One other thing too is that -- the budget. There was questions
about the budget. I trust Chief Greenberg in that she knows the
budget. If she says we can afford this, it's done. So don't worry about
that. If she says they can afford it, they can do it, all we're talking
about is upgrading the level of services to people like myself and to
citizens of Big Corkscrew. So thank you very much for your time.
MR. MILLER: Your next public speaker is Michael R. Ramsey.
He'll be followed by Chris Crossan.
MR. RAMSEY: Good morning, Commissioners. My name is
Michael R. Ramsey. I am the president of the Golden Gate Estates
Area Civic Association, I am a resident of the Big Corkscrew Island
Fire District, I am a resident of the Estates, and I'm a resident of
Collier County.
This issue today applies to all of us in all of those categories.
Three points, one question.
First point: In February of 2013, we became aware from an
application by Big Corkscrew Island Fire District there was an issue
with response times in their district in regards to Collier County EMS.
I'm still not clear what that serious issue is and was it made clear in the
application.
Point two: Today we're here because Big Corkscrew Island has
filed an application to do ALS emergency medical response without
transport in this district, something this organization has never done
before in their entire history.
Number three: Collier County EMS also operates in our area. It
is my understanding this is an award-winning service with excellent
training, excellent experience and excellent delivery.
So here's my question: Commissioners, as overseers of the entire
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January 14, 2014
Collier County emergency medical system delivery service, why am I
only being presented this one option? I really don't get it. There are
other options. There should be more options laid on the table. Because
we're worth it. Thank you.
MR. MILLER: Your final speaker on this matter is Chris
Crossan.
MR. CROSSAN: Thank you, Commissioners. Big Corkscrew
Island Fire Commissioner.
You know, Mr. Ramsey spoke about several options. I think as
the Public Safety Authority and the Director of Emergency Services
Dan Summers, Walter Kopka, they were both of the positive vote on
there, I don't think there's anybody here today that has a better pulse
on how this service works and how it has worked in the past.
Like Mr. Donovan said, you know, I've been in this program with
its infancy, and unfortunately and what Steve said is I'm only an EMT
and I know that I can't take care of him like a paramedic can, like all
those firefighters that have spent the two years to become a
paramedic, and I know the difference they make. I've seen it. I've
seen it multiple times on the place where I work which is Marco
Island. And, you know, there's banter back and forth about the SWAP
program. But when it comes down to it, when it comes down right to
the end, I know why Dan and I know why Walter gave us an
affirmative vote. Because it's the right thing to do. I took an oath, just
like the five of you have, to protect the preservation of life first. And
a no vote today would not be that.
Because whether it's a diabetic emergency that no EMT can
handle, whether it's a cardiac event like Steve said, or God forbid
whether it's an asthmatic event that, you know, recently happened in
Lee County that we can't handle as EMTs but paramedics can handle,
and if that ambulance is out of zone, you know -- and I know Collier
County EMS is working on their response times and I know that
they've -- their ambulance is even out, you know, in Immokalee. Mr.
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January 14, 2014
Nance, you know, I've heard of the great stories where they pull hose
and help us.
Getting back to the point is it's another tool to help us save a life.
And, you know, as a first responder myself and as a commissioner,
you know, I've taken that oath. And I take it very seriously that
whatever I can do, that we need to keep pushing forward.
And other options -- this is a proven option and so that's why I
ask for your yes vote today.
And as we revisit this with City of Naples, with East Naples,
North Naples and City of Marco Island already having these ALS
engines, the residents of the county should be on the same playing
field.
So I do ask for a yes vote today, because they should expect the
same service. And in the future if we do have the same service and
consolidation leads down the road, so much the better. So thank you
for your time.
CHAIRMAN HENNING: Thank you, Commissioner.
Commissioner Hiller, Commissioner Fiala?
COMMISSIONER HILLER: Thank you.
This is a -- I'm gaining my composure a little.
This is a very difficult subject for me, because like you, Steve,
my husband -- I'm sorry -- died of at cardiac event. My husband died
of sudden cardiac arrest. And I will do anything in my power to see
that the citizens of Collier County receive the highest level of care,
because it is a deadly situation.
And so when I joined this Board, North Naples did not have
COPCN that would allow them provide ALS care.
The Phoenix awards that we see year after year now coming out
of North Naples because of how North Naples paramedics, working in
conjunction, in conjunction with Collier County EMS, which has done
an outstanding job has increased the lives saved.
I cannot see how anyone can deny this fire district a COPCN.
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January 14, 2014
They are not instead of, they are in addition to. We are bolstering the
level of service. We are helping to save more lives. And so I would
like to see all our fire districts vested with COPCNs.
And I would like to see consolidation move forward
notwithstanding. They are not independent of each other. Everything
is done with the intent to protect the citizens. And whoever can get
there first should be equipped to save that life.
And so with that, I am going to make a motion to approve
granting Big Corkscrew Island Fire and Rescue District a COPCN for
advanced life support, non-transport services for one year.
COMMISSIONER FIALA: I'll second that motion.
COMMISSIONER HILLER: Thank you. And forgive me for
crying, but it's a very difficult subject for me.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you very much.
I've done a lot of looking into this, I've called a lot of people,
spoken with many, listened to their concerns as well as their approval.
And here's how it's boiled down for me.
First of all, Corkscrew is a long distance away. A long distance
away from everything. I don't even know where the closest EMS
station is. And many times they don't need EMS but they need
immediate care just to get them under control. And that's where an
ALS service comes into play.
When East Naples had it before it was yanked from them, when
they had that ALS, it really helped. Not only East Naples Fire
Department, but it also helped EMS. If they were busy on other calls,
at least East Naples was able to jump in and get this patient stabilized
until EMS could get in there. I think it's a great idea.
I've seen some of the letters about budget, I've talked with Chief
Greenberg about budgets, and what of course happened is just like all
the rest of the departments, when the downturn in economy happened,
so did the downturn in revenue coming into all of our departments that
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January 14, 2014
sought tax relief.
And it's coming back and Chief Greenberg is slowly climbing out
of that. And I felt comforted by that, especially knowing that if she
climbs out they're going to be able to save lives in the meantime rather
than just wait 'til they get all of their money back. And there's nothing
more important than that.
And lastly, I talked with some people even with EMS. And one
of the things they were concerned with, and it's a just concern, by the
way, is they didn't know if there would be enough traffic the ALS
engines would handle to keep them trained all of the time. So I
suggested and I think it's -- of course I would think it's a good idea, is
that possibly they would want to transfer. Say for instance they need
another month of whatever it is, training to get back into -- I don't
know how much time service you need. Well, then maybe you can
swap somebody. The guy that's on the ALS engine could move say
over to Immokalee where they have a lot of traffic and a lot of things
going on, and you could just swap for a month until that guy is trained
again so that he meets all requirements that need to be done.
So I'm sure this can be worked out. I'm sure that any objection to
it can be worked out amicably so that you can take into consideration
the lives of other people first. Thank you.
CHAIRMAN HENNING: Something to consider in the future.
You know, we have issues that touches all of Collier County. Then
we have district issues. You may want to consider in the future of
listening to the commissioner of the district to see if there was going
to be a motion by the commissioner of the district. Just a suggestion.
COMMISSIONER FIALA: I agree with you, but his button
wasn't on. That's why I didn't say anything. But if you want, I can
take my second back.
COMMISSIONER NANCE: No, ma'am, it will be on. I actually
would like to speak last.
COMMISSIONER FIALA: Oh, okay.
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January 14, 2014
CHAIRMAN HENNING: The second thing, a question: When
was East Naples COPCN yanked and by who?
COMMISSIONER FIALA: By Dr. Tober. And it was when the
CHAIRMAN HENNING: The only person that can issue a
COPCN --
COMMISSIONER FIALA: It wasn't a COPCN, it was an ALS.
MR. SUMMERS: Mr. Chair, Dan Summers.
As memory serves me, and this has been a while back and I want
to go back and validate that, but my recollection is that Tom Cannon,
who represented the Fire Commission Board announced to you their
withdrawal of the interlocal agreement for the ALS engine program.
And of course we now have a new engagement back with them for an
ALS engine program, and that's reengaging.
I don't have the exact timeline but you all signed that document
several meetings ago. So that ALS engine program is reenergizing.
But it was -- I believe Tom Cannon was chairman at the time when he
announced to you all his desire to withdraw from that interlocal
agreement.
CHAIRMAN HENNING: Yeah, on behalf of the East Naples
Fire District.
MR. SUMMERS: Correct, on behalf of the board.
CHAIRMAN HENNING: Okay. Chief Greenberg, I have a
question.
How many paid firefighters -- certified firefighters do you have?
CHIEF GREENBERG: We have 24 online and five in the office.
CHAIRMAN HENNING: Okay, five --
CHIEF GREENBERG: Including myself, Captain Watson, the
assistant chief.
CHAIRMAN HENNING: The five in the office can respond to
calls?
CHIEF GREENBERG: We all respond, yes, sir.
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January 14, 2014
CHAIRMAN HENNING: So that's 29?
CHIEF GREENBERG: Yes, sir.
CHAIRMAN HENNING: Okay, how many volunteers do you
have?
CHIEF GREENBERG: We have 10.
CHAIRMAN HENNING: You have 10.
At the last public meeting here at the Board of Commissioners,
there was talk about the NFPA?
CHIEF GREENBERG: Yes, sir.
CHAIRMAN HENNING: You stated that Big Corkscrew falls
under the 1710 -- no, 1720.
CHIEF GREENBERG: 1720.
CHAIRMAN HENNING: 1720, which is, according to NFPA,
that's a volunteer fire department.
CHIEF GREENBERG: That's a combination volunteer, yes, sir.
CHAIRMAN HENNING: But 1720 speaks about -- or is in
reference to a staffing -- staffed fire department.
CHIEF GREENBERG: Uh-huh.
CHAIRMAN HENNING: So, I mean, I think it's very clear that
you fall under 1720 and not 1710.
CHIEF GREENBERG: Right.
CHAIRMAN HENNING: Or 1710 versus 1720, the volunteer
fire department.
CHIEF GREENBERG: Well, in --
CHAIRMAN HENNING: My issue there is response time.
CHIEF GREENBERG: Okay.
CHAIRMAN HENNING: And it still is my issue is under a
volunteer fire department it is what, 12 minutes, correct?
CHIEF GREENBERG: Yes, sir.
CHAIRMAN HENNING: Okay. You're not a volunteer fire
department.
CHIEF GREENBERG: No, sir.
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January 14, 2014
CHAIRMAN HENNING: Okay. So you're not --
CHIEF GREENBERG: We're a combination, paid and volunteer
department. And 1720 references combination departments when you
read all the way through it.
CHAIRMAN HENNING: Yeah. But you are a paid staff.
CHIEF GREENBERG: We have paid and volunteer staff, yes.
CHAIRMAN HENNING: Mostly paid staff.
CHIEF GREENBERG: Correct. But we meet the percentage
thresholds to fall under 1720.
CHAIRMAN HENNING: But the volunteer fire de -- they can't
operate your vehicles, right?
CHIEF GREENBERG: No, they're strictly personnel that as we
say in the business ride backwards on the truck. They pull the hose,
they fight the fire. They do not drive, they do not lead in command
positions.
CHAIRMAN HENNING: So your firefighters paid staff is the
ones that respond to calls.
CHIEF GREENBERG: The volunteers respond in calls as well,
because they're required to stand by the station in order to maintain
their status.
CHAIRMAN HENNING: Yeah, but they can't drive an
apparatus, so --
CHIEF GREENBERG: No, but they can ride in the passenger's
CHAIRMAN HENNING: -- they're there just for backing up
and assisting the firefighters. That's my point. I don't want to argue it.
I have a great concern about your request, looking at the
correspondence from Janet Vasey about your budgeting process and
dipping into reserves, using your reserve funds. You have at SAFER
grant out there.
CHIEF GREENBERG: I do not have a SAFER grant anymore,
sir. That ended in March.
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January 14, 2014
CHAIRMAN HENNING: Okay. You're still dipping in
reserves.
CHIEF GREENBERG: Yes, we are.
CHAIRMAN HENNING: And my concern is the potential of
this failing, costing the county more monies that neither one of us
have. So that's my concern.
But anyways, I'm going to let Commissioner Nance close.
CHIEF GREENBERG: Well, if I can address your reserve
concern. In the last eight years we've used over -- just under $800,000
in reserves and we still have 1 .6 million available to utilize, should we
need them.
And in our budgeting process we're allowed to use reserves to
start new programs or augment our budget as needed due to the
revenue situation we've been in.
So we've managed to survive in $2 million loss in review and still
have $1 .6 million in reserves to work with.
So we're in a position that we feel that with the rebounding and
recovering economy we will be able to continue this program.
CHAIRMAN HENNING: Okay. Well, then my last question,
are you paying those firefighters who you hired for the SAFER grant
out of operating expense or reserves?
CHIEF GREENBERG: We put the money in reserves last year
and pulled it out of reserves this year, which was the biggest decrease
in reserves.
We put it in there because we knew the grant would end in
March. We wanted to make sure we had it available to keep those
personnel on staff.
CHAIRMAN HENNING: Thank you.
CHIEF GREENBERG: You're welcome.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, I'm -- this is a very important
issue to me and a very complicated issue to me. And I don't know
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January 14, 2014
how my fellow commissioners are going to vote. It seems that I know
how a few of them are going to vote. But I'm concerned about this
and I want to talk for a few minutes, and I hope the Board will indulge
me, I'm going to take a little bit of time here.
Because what I'm concerned about is not solely whether the
COPCN is a good application. But the reason I'm concerned about it,
it's not because the application for COPCN falls in my district, but
because the people in my district and the rural areas throughout
Collier County, many of them which are in my district are affected so
seriously by a lack of equivalent service to those in the urban coastal
zone.
It's very clear that we have a service problem in the eastern part
of the county. My residents out there are living under the assumption
that it's going to take people one and a half times as long for people to
respond to them as what's acceptable on the coast. It's 12 minutes.
And right now it's common admission that that 12 minutes is not being
met. We're still short.
So what happens is once again the people in District 5 in the
eastern part and the rural distant areas have to settle. And I'm not
saying that it's not a difficult challenge, but I'm saying they have to
settle. And I don't think they should have to settle when it comes to
their life.
The citizens in the Big Corkscrew Fire and Rescue District have
stepped up to support Chief Greenberg and their first responders. I did
that myself. I campaigned tirelessly to get the residents out there to
understand it was their best interest to raise the millage rate all the
way up to 3.75 out there.
The citizens have done their part. They're now paying almost
four times the tax rate that the citizens in Commissioner Hiller's
district are paying. That's not fair.
Some of the people out in the Estates are paying double what
their residents across the street are paying that live in Golden Gate
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January 14, 2014
Fire and Rescue District.
Big Corkscrew Island Fire and Rescue District has stepped up.
They have done absolutely all they could. They have worked
tirelessly to try to do the very best they could under extremely tough
circumstances in this recession.
For those of you that think there's a great recovery, I will tell you
that the assessed value on my house went down last year. The Big
Corkscrew Island District and the District and the Estates are in
economic collapse out there to this day. I don't care what anybody
thinks on a national basis, I don't care what NABOR tells you, it's a
tough, tough going. It's been a jobless recovery.
The Big Corkscrew Island Fire and Rescue District has brought a
very credible option forward with this COPCN application. But I will
tell you that the wisest counsel and the conclusion that I've come to
said certainly this application is going to save lives, but ultimately the
thing that is needed is an additional ambulance presence in the eastern
part of the county that will indeed help the entire county.
The analysis of the best options is not a discussion that we have
had. We haven't talked about an additional EMS station, an additional
ambulance stationed out there. We haven't talked about doing a better
job to see if we can get together on the SWAP program. All of those
things I think would make a better system countywide.
But here's where we are: In the end it's all about dollars. And
what we're talking about today is indeed spending additional taxpayers
dollars for service. Should we really do it in one fire district? Or
should we do it for something that's going to impact everybody in a
positive way?
I don't think the Big Corkscrew Island taxpayers and the Big
Corkscrew Island Fire and Rescue District should bear that burden
alone. I believe at this point with the citizens supporting consolidation
and being aware that consolidation is going to be the ultimate solution
to improving first response, that EMS and the county have not stepped
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January 14, 2014
up to support this consolidation.
I want more than just the COPCN. I don't want a stop gap. I
don't want to go back to my residents and say well, yeah, we did
something and it's going to help and go back and feel like it's just a
stop gap.
I'm looking to my Commissioners and I'm looking for support
here today for support for my district and for the county as a whole to
authorize the expenditure of additional monies now to improvement
EMS service. I am not interested in somebody coming up to me and
showing me a page in the AUIR one more time that says we're going
to do something to improvement EMS system in five years. That's not
acceptable.
And this is not a rap on Big Corkscrew Island Fire District. But
what I'm looking is I'm looking to my fellow Commissioners to say
okay, you say you really want to do something? I'm asking for your
support to make a budget amendment and I'm asking the ability to let
the County Manager and the fire districts and staff to go out and say
what is really the best solution to bring some relief to my district.
They shouldn't have to settle for one and a half times the time and still
have that not met.
We need additional funding. I want real improvement. I don't
want to do it, but I will tell you what, I am not willing to support the
COPCN today. But I will tell you this: If the Board of County
Commissioners cannot support spending extra money, I will bring it
back and I will vote for it if it fails today. I am not going to let the
COPCN and additional help for my district die. But I want to see
more than a COPCN. I think it's ridiculous that Big Corkscrew
Island's had to fly alone and fly this flag to try to be help for people
when we clearly don't have the service that we need out there. And
everybody knows it's not making the standard, even though the
standard's not good.
So I am looking for the people on this Board to step up with the
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January 14, 2014
-- you know, I just don't think that the way to happiness is to create an
additional administrative unit and to create additional line of authority
in order to gain the same thing that EMS can step up and do by putting
additional fire power on the line with the support of this Board.
So I'm going to look down this Board and see if there's any
support for additional money to really do something meaningful and
move this thing ahead.
CHAIRMAN HENNING: Well, that's a different issue on the
agenda. And I understand your concern, and a compromise would be
we're going to be addressing the budget guidance at the February
meeting?
MR. OCHS: Yes, sir, second meeting in February.
But at the next meeting I have plans for your agenda to bring
back some information relative to the question on the AUIR and EMS
service. I didn't anticipate going quite this far, but if the Board wants
me to incorporate that into the presentation, I can.
CHAIRMAN HENNING: Okay. Would that --
COMMISSIONER NANCE: I would be interested in seeing
what my fellow commissioners think of this suggestion I'm making,
just so I know where people stand.
COMMISSIONER HILLER: I'd like to respond.
CHAIRMAN HENNING: Okay, I hope in the future we can get
away from the topic at hand and deal with issues on our agenda.
That's just my personal preference.
Commissioner Hiller?
COMMISSIONER HILLER: Commissioner Nance, I think it's
unconscionable that you would condition the approval of the COPCN
which enhances the service provided by the fire department and say
that you will bring it back down the road depending on how the
discussion of additional funding for EMS goes.
You know, transport is not rescue. A substation is not rescue.
We are talking about delivering the highest level professional to the
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January 14, 2014
scene where someone is dying, okay. We are not talking about
transporting a body to the hospital, we are not talking about building
another building.
Do we need more funding for EMS countywide? Absolutely.
And we are short on funding for EMS. The general fund is
backstopping county EMS. So going to the issue of pulling out of
reserves, we the county are pulling out of our general fund to
supplement what EMS is getting.
The bottom line is this: We have to do what is necessary now to
enhance the level of service where it is inadequate. And it is
inadequate throughout the county. It is inadequate in the east, it is
inadequate in the west. We do not have the response times we need to
save peoples' lives that are going to into cardiac arrest. And unlike
other services in the county where we don't provide the level of
service to, what's the expression, you know, the church at Christmas
Eve, in this regard we do target providing the highest level of service,
which is saving a life threatened by cardiac arrest.
And 12 minutes doesn't cut it. Twelve minutes is you are stone
cold, okay? Ten minutes doesn't cut it. Ten minutes you're dead.
Five minutes and beyond your life is over, but you're breathing.
So the bottom line is yes, we have to have a discussion about
how we are going to improve the level of service with respect to EMS
to save more lives in Collier County. Yes, we do need additional
funding to bolster that. And in the meantime, if we can use the fire
departments to bolster the level of service we as a county provide to
our citizens and the staffing is there and we can give them the ability
to provide ALS services, then we should not deny that.
So Commissioner Nance, in part I support what you say, in part I
cannot believe you would deny the COPCN when it is your objective
to see service in the east increase.
As to the issue of funding, the issue of consolidation will look to
how we can more equitably spread the cost of providing this essential
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January 14, 2014
public service. In the meantime your statement about, you know,
what North Naples charges as a rate versus Eastern Collier charging as
a rate doesn't go to the truth of the matter. Because you always have
to look at the total tax. And so the property values in District 2, for
example, or along the coast as a whole, you know, whether it's in East
Naples or the City of Naples or in North Naples, the property values
are much higher and so the millage is lower.
But again, you're looking at the total pot. And yes, we do need to
enhance the service in the east, which would be done as a combination
between your district, Chief, and EMS. It is not one or the other.
CHIEF GREENBERG: That's correct.
COMMISSIONER HILLER: But in the absence of you being
able to supplement, we have a material deficiency.
So I would ask you, Commissioner Nance, to reconsider the
statement you made in part and that if you would consider supporting
the award of this COPCN today, you will be saving lives immediately.
And that is what matters. And we are talking about rescue. We are
talking about rescue.
CHAIRMAN HENNING: Are you done?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Commissioner Fiala, Commissioner
Coyle?
COMMISSIONER FIALA: Thank you very much.
Yes, I appreciate your thoughts. And actually we do need more
ambulances, that's something that I've been visited upon regularly
recently from Marco Island, they've had a real problem.
But in the meantime this is something that we can take care of
right now. So Commissioner Hiller, I just agree with you. Boy, you
and I seem to be singing out of the same choir book today.
And this will begin, according to our agenda item here, begin in
April already. We'll be able to start this process of saving lives.
Whereas if we have to go through the whole budget process, the whole
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January 14, 2014
buying process and everything, it might be a year and a half before we
can get the ambulances we need. I want to the start this process now,
so I do support the motion.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I would like to applaud
Commissioner Nance for taking the long view and in my opinion the
best view of resolving this. And it's not just an issue with the eastern
part of Collier County, it is an issue with Marco Island also. And the
solutions are generally pretty much the same, in my opinion.
I'd like to address this from a practical standpoint, which is
always hard to do when you're talking about health, safety, life.
COPCN is not a magic bullet. It depends on lots of things. It depends
upon getting those people trained. It depends upon being able to keep
them trained through refresher training. And it's an extremely
important process that they keep their training skills up. And there is
no assurance that approval of this certificate today will immediately
improve the response and save more lives in Collier County, because
it takes time to get to that point. It takes time to get another
ambulance and another crew there.
But I believe you can get another ambulance and a crew there
faster than you can ramp up and develop training programs and
recurrent training requirements. Commissioner Fiala touched upon
that and said there must be a way to do that and have recurrent
training by swapping off. But I have not seen anybody willing to do
that. That's the reason we've had this discussion for the past 20 years
is that the fire districts don't want to go to the trouble to have recurrent
training under a standardized process to make sure that people are at
the peak of their skills. And when we talk about paramedics, that's
where they have to be.
It once had an organization that had 90 paramedics scattered over
2,000 square miles, and some of them in combat, some of them in
support roles. And I never ever refused to bring them back for
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January 14, 2014
recurrent training when they had not been getting enough practical
experience. So it's critical to do that.
So back to the point. I would like to see us have a
comprehensive solution to this thing for Marco Island and for the
eastern part of Collier County. And if it requires us to expedite
additional ambulances and paramedics, then I think we should
expedite it. And I don't think it will cost us that much.
But let's realize a couple things: Once the paramedics arrive on
scene in the Corkscrew area, the amount of time that it takes to get to
the scene is probably insignificant to the amount of time it takes to get
to the hospital, the trauma center. That's a long drive. Only way you
solve that is to build a trauma center out in the eastern part of the
county.
You're still going to have delays. The road network is not as well
developed. There are a lot of canals, bridges they've got to cross to
get to some places. They can't go directly there.
These are practical problems that keep the response times low.
And the only way you're going to address it effectively is to get more
ambulances and more paramedics located in different places. And if
that's where Commissioner Nance would like to go, I think I would
like to go along with him on that journey. Because I think that is the
long-term solution to these problems. We've tried the other thing, and
all we've done is fragment EMS services throughout Collier County.
CHAIRMAN HENNING: Okay.
CHIEF GREENBERG: If I may?
CHAIRMAN HENNING: No, court reporter, we're going to take
a break if anybody else wants to speak besides myself.
CHIEF GREENBERG: I would like to.
CHAIRMAN HENNING: Okay. We're going to take a
10-minute break for the court reporter.
(Recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
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January 14, 2014
Ladies and gentlemen, please take your seats.
CHAIRMAN HENNING: Okay, getting back to the public
hearing, Chief Greenberg, you wanted to a make a short comment?
CHIEF GREENBERG: I suppose it could be short.
For the record --
CHAIRMAN HENNING: Okay, well, let's make it short.
CHIEF GREENBERG: For the record, Chief Rita Greenberg,
Big Corkscrew Fire Control and Rescue District.
To address Commissioner Coyle's concerns in regards to the
training component, I just wanted to make you all aware that we have
paramedics on staff today that presently cannot perform the protocols
of the county direction that are the same as the county EMS. So we
don't need to take people that are EMTs and train them up to
paramedics, which would take a significant amount of time. What we
have is 10 paramedics that would go through the training required by
the Medical Director to bring them up to county standards in what was
known as credential under that medical director.
So that's a short window of time that can be done within a month.
So that's the training component as I wanted to explain to you.
And then that training continues with in-service training,
hands-on training, the medical direction (sic) coming out to work with
our personnel, riding on the units with our personnel to ensure that
they're performing properly and provide any -- I lost the word -- any
improvements or additional trainings needed.
So that's the plan that we have in place and we will be happy to
share that with you again.
And in addition to that, my suggestion on this is that we make a
compromise, that we award the CON today so that we can get started
now and that we work towards the long-range plan with county staff
and the County Manager and the Board and the citizens of the Estates
as a global unit to meet Commissioner Nance's long-range goals.
COMMISSIONER HILLER: I agree with that. I'll amend my
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motion accordingly.
COMMISSIONER FIALA: Second agrees.
CHAIRMAN HENNING: Okay, with no further -- do we have
to close this session like a public hearing?
MR. KLATZKOW: You can just go forward with the vote if you
want. There's no more public speakers, are there?
CHAIRMAN HENNING: Okay, no further comment, all in
favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: All opposed?
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Motion carries -- motion fails 3-2,
Commissioner Nance, Commissioner Henning and Commissioner
Coyle dissenting.
COMMISSIONER NANCE: Mr. Chairman, I'd like to make a
follow-up motion.
CHAIRMAN HENNING: On this item or another item?
COMMISSIONER NANCE: On a related item.
I would like to make a motion that we direct the County Attorney
and staff, including EMS, to come back with a proposal for enhanced
service in the eastern part of the county, to include all options,
including adoption of the COPCN. And bring it back to the Board as
fast as the County Manager feels is reasonable.
CHAIRMAN HENNING: Okay, you're asking to direct the
County Manager. Now, are you asking to bring this CCOPN (sic) --
COMMISSIONER FIALA: COPCN.
CHAIRMAN HENNING: COPCN.
COMMISSIONER FIALA: That's hard to say. COPCN.
COMMISSIONER NANCE: I am asking him to go back and do
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January 14, 2014
a fast analysis to provide options other than the COPCN to enhance
service.
CHAIRMAN HENNING: Okay, thanks.
COMMISSIONER NANCE: And bring it back to the Board.
CHAIRMAN HENNING: At the February meeting when he's
going to bring back -- you're going to have an executive summary
explaining to the Board about response times and shortages
throughout the county?
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Okay. Is there a second to the
motion?
COMMISSIONER COYLE: Yeah, I'll second it. But I have a
question, if you don't mind.
CHAIRMAN HENNING: Yes, please.
COMMISSIONER COYLE: Can we -- it wouldn't be a big
stretch to ask the County Manager to bring back to us a plan to
address this problem, not only in the eastern Collier County but in
Marco or any other place where there is a similar problem. If we
could include that county-wide analysis in the process, would that be
acceptable?
COMMISSIONER NANCE: That is what I intended,
Commissioner Coyle, to do something in a comprehensive way.
Because I think what solves the problem helps all.
COMMISSIONER COYLE: Okay, thank you.
CHAIRMAN HENNING: Commissioner Fiala, Commissioner
Hiller.
COMMISSIONER FIALA: Yes. Well, that was my question.
So are you changing your motion to include all parts of Collier County
rather than just the eastern?
CHAIRMAN HENNING: Yes.
COMMISSIONER NANCE: Yes, ma'am.
CHAIRMAN HENNING: That's what he's saying.
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January 14, 2014
COMMISSIONER FIALA: Okay. And the second the same
way?
COMMISSIONER COYLE: Yes.
COMMISSIONER FIALA: Okay, that was my first question.
And the second question -- oh, gosh, just like that. I was so
intent on that one, I've gotten away from the other. I'll have to come
back.
CHAIRMAN HENNING: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yes. We already have that. We
have the AUIR. The AUIR provides exactly where we have shortages
and provides exactly what is needed in addition to what we've got on
the county side.
I just see this as a red herring on your part, Commissioner Nance,
to delay, delay, delay. I don't know how many lives you expect
deserve to be lost because we've got paramedics who cannot provide
ALS service. On the one hand you sit there and say we need more
service in Eastern Collier. Well, you know, I just want you to know,
death doesn't wait 'til you do your analytics.
CHAIRMAN HENNING: Okay, there's no sense of--
COMMISSIONER HILLER: It's concerning to me.
CHAIRMAN HENNING: There's no sense of-- we're not going
to accomplish anything by attacking others.
I think in my opinion Commissioner Nance wants to address it
and not delay it. And it's going to come back.
Leo, the first meeting in February?
MR. OCHS: I think that's a reasonable time frame, yes, sir.
CHAIRMAN HENNING: Okay. We have a motion and a
second on the floor.
Seeing no further discussion, all in favor of the motion, signify
by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
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January 14, 2014
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Motion carries 4-1, Commissioner
Hiller dissenting.
Commissioner?
COMMISSIONER HILLER: Yeah, I'd like to say the reason I
oppose it is because the information is already there, and
Commissioner Nance, I feel that you should have researched this
before you came forward today. This is a matter that came forward at
a previous Board meeting and was addressed and there was plenty of
time to ask the County Manager to provide that information.
COMMISSIONER NANCE: Ma'am, with all due --
COMMISSIONER HILLER: I'm very upset.
COMMISSIONER NANCE: -- respect --
COMMISSIONER HILLER: I'm very concerned about lives.
COMMISSIONER NANCE: Ma'am, with all due respect, I have
lived these excuses for the last -- the entire time I've lived in this
county. And I'm tired of getting patches. And I'm not trying to delay
it. I want to do something meaningful, ma'am.
And if the COPCN is all we can get, I'll be the first one to put it
back on the agenda, if we don't get something meaningful. I cannot
not come away with something for my district here. I refuse to do
that.
COMMISSIONER HILLER: Well, you're walking away from
your district right now.
CHAIRMAN HENNING: Okay, enough of that. Enough of that.
We're not going to have that kind of debate on this Board. It's not
representative of the Collier County citizens.
So everybody's due to their opinion, but let's do it cordially,
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please.
Next item?
Item #11B
RECONSIDERATION OF AN ORDINANCE AMENDING
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, WHICH IS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, PROVIDING
FOR MODIFICATIONS DIRECTED BY THE BOARD OF
COUNTY COMMISSIONERS RELATED TO A CHANGE IN THE
TIMING OF PAYMENT OF IMPACT FEES TO ISSUANCE OF A
CERTIFICATE OF OCCUPANCY AND, IF APPROVED, DIRECT
THE COUNTY ATTORNEY TO ADVERTISE THE PROPOSED
ORDINANCE FOR FUTURE CONSIDERATION. THIS ITEM
WAS APPROVED FOR RECONSIDERATION AT THE
DECEMBER 10, 2013 BCC MEETING — APPROVED
MR. OCHS: Next item is 11.B on your agenda. It is a
recommendation to reconsider an ordinance amending Chapter 74 of
the Collier County Code of Laws and ordinances, which is the Collier
County Consolidated Impact Fee Ordinance providing for
modification directed by the Board of County Commissioners related
to a change in the timing of payment of impact fees to issuance of
certificate of occupancy, and if approved, direct the County Attorney
to advertise the proposed ordinance for future consideration.
This item was approved for reconsideration at the December
10th, 2013 Board of County Commissioners meeting. And Ms. Amy
Patterson, your Impact Fee Manager, will make a brief presentation.
CHAIRMAN HENNING: Okay, this has been on our agenda
before.
MR. OCHS: Yes, sir.
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January 14, 2014
CHAIRMAN HENNING: Unless there's any questions, I think
we should go to public speakers.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I'd like to make a motion to
approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
seconded by Commissioner Fiala.
Commissioner Coyle?
COMMISSIONER COYLE: I would like to hear presentation
from staff.
CHAIRMAN HENNING: Okay, that's fine.
COMMISSIONER COYLE: Okay? Before the vote is taken.
CHAIRMAN HENNING: That is okay by me.
MS. PATTERSON: This item comes -- I'm sorry, Amy
Patterson for the record.
This item comes before you arising out of a workshop in June
where several recommendations and direction was given by the Board,
some of which has already been accomplished by way of an ordinance
amendment that was approved in November. That was the inclusion
of the public utilities impact fees and to our change of use program, as
well as moving forward with the creation of some additional
categories for small businesses that will be presented as part of the
ongoing road impact fee update.
The other piece of this was related to timing of payment and a
proposal to move that timing of payment from the current, which is at
issuance of a building permit to certificate of occupancy.
This is a policy that's used by other jurisdictions around the State
of Florida. They employ all different timing to collect their impact fee
so there's not one time frame that's used by every jurisdiction.
This part of the ordinance actually failed in November and was
not made part of the adopted ordinance and is thus being reconsidered.
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January 14, 2014
With that, that's the background of where we're at. And if I could
answer any specific questions related to this change?
COMMISSIONER COYLE: Yeah, I would like to hear the
number of approved building -- or residential housing and commercial
square footage that has already been approved and impact fees already
paid.
MS. PATTERSON: Okay. This related to two different
programs that we operate. One is the Certificate of Adequate Public
Facilities, which is related to concurrency and money that is paid
upfront over time. The amount that is required to be paid has
changed. But right now the amount required to be paid to obtain your
Certificate of Adequate Public Facilities is 33 percent.
As far as money that has already been paid, there's adequate
funds to cover the construction of 5,824 residential units,
single-family. That number would increase slightly if developers
elected to build condominiums instead of single-family homes. This
represents the average single-family home and three million square
feet of commercial.
On the developer contribution side of the house, which are
agreements we enter into where the developers provided right-of-way
or land or cash, different things like that, we right now have adequate
funds to cover 4,815 single-family homes and between 180 and
254,000 square feet of commercial space, depending on the mix of
uses that may be within those buildings.
COMMISSIONER COYLE: Let me clarify that. You've got
5,824 residential units for which impact fees have been totally paid, no
more impact fees are necessary.
MS. PATTERSON: Road impact fees.
COMMISSIONER COYLE: Okay, road impact fees. Because
those were ones that were paid in advance.
MS. PATTERSON: Upfront payments.
MR. OCHS: Right.
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January 14, 2014
COMMISSIONER COYLE: And you have another 40
something hundred that were paid as a result of developer
contributions of various kinds.
MS. PATTERSON: That will be available as those building
permits come in, 4,800 units.
COMMISSIONER COYLE: So there's almost 10,000. There
are probably over 10,000 residential units that can be built right now
without any payment of impact fees --
MS. PATTERSON: Road impact fees.
COMMISSIONER COYLE: -- is that correct?
MS. PATTERSON: Transportation impact fees.
COMMISSIONER COYLE: Okay. How many square feet of
commercial? It was what, 3.2, 3.3 million --
MS. PATTERSON: Yes, that's correct.
COMMISSIONER COYLE: -- square feet of commercial that
can be built now without the payment of any impact fees whatsoever;
is that true?
MS. PATTERSON: Transportation impact fees.
COMMISSIONER COYLE: Okay. All right.
And the other impact fees have already been reduced
considerably --
MS. PATTERSON: Many of them.
COMMISSIONER COYLE: -- from the higher --
MS. PATTERSON: Yes.
COMMISSIONER COYLE: -- levels. Okay.
MS. PATTERSON: Yes, sir.
COMMISSIONER COYLE: So what I think is worth noting
here is that the movement of timing to certificate of occupancy for
impact fees is not necessary to generate a building boom, the likes of
which we haven't seen since 2004 or 2005.
So that movement and timing of payment accomplishes little in
stimulating market. But what it does is it delays the collection of
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January 14, 2014
impact fees for us to build infrastructure. And we got to the point of
concurrency by agreeing with the building industry that we could
deliver them infrastructure when they were ready, rather than having
to build it months, years later. And that way we stayed out of a lot of
trouble and we now have adequate infrastructure.
My argument here is that if you keep going down this path,
you're not going to have adequate infrastructure and you'll start trying
to make it up sometime later.
So I would suggest that this part of this proposal, that is, the
delay of payment, is not wise, does not accomplish anything with
respect to stimulating the economy, and it will in fact over the long
term have a very unfavorable impact on our ability to maintain
concurrency.
And the other -- I'll just make the other point now and we'll get
rid of it and then the Board can vote whichever way it wants to go.
When you're also making those changes with respect to water
and wastewater impact fees, we've always regarded water and
wastewater as things that were critical and they had to be available
whenever the demand was made on them. And if we're going to start
collecting impact fees on those things only when you make the
connection, it's going to have a bit of a problem for us, particularly if
we're talking about existing buildings. Because you built those
facilities sometime in the past, address it at appropriate usage. If a
higher usage comes into that building, you immediately have higher
water and wastewater coming from that existing building, and in the
aggregate can put you in a deficient situation. And I think that's bad
planning. It would be good planning if there was a good reason to do
it. I don't see the good reason. The economy is recovering, there are
10,000 units that have transportation impact fees already paid. There's
not much more of a cost of proceeding for those people. It's a
wonderful situation, and everybody should be happy with it.
But nevertheless, that's all I have to say about this issue.
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January 14, 2014
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Well, you know what? You said a
lot, really. I never thought of it in that vein. I know I've talked with
staff about it.
But one of the things that's aided us, as you probably know, the
lion's share of building right now is going on right here in this area.
And the reason it can is because we years back yet put the
infrastructure in place, got it ready to go and it took us years to get all
of this stuff and a lot of money and a lot of working together to get the
job done. So that now when people want to build, all the
infrastructure is in place. But that might not happen to future
development if that is what you're saying. And I see how beneficial it
is to us where the building is taking place right now.
Nick, do you have any comments on that? I had never thought
about that before.
MR. CASALANGUIDA: Ma'am, that's an open-ended question
I guess for comments on it.
I think from the beginning policy you go back to when we first
did impact fees, it was 50 percent down, 50 percent with three years or
building permit. That was set to drive a bunch of revenue to come in
so we could proactively build.
You've seen -- if you took more to the stock market or the
building boom in the last 10 years, you've seen the building curve go
down from 2006 to 2010, and the Board's policy has responded by not
raising the fees to the highest level that you could, and you changed
the payment program that it is right now.
If the trend continues, the only good opportunity you have is you
look at this every year. So you got a safety net.
This will add another six-month delay to my revenues for the
money that's coming in, but you're going to review the AUIR and CIE.
And if you see the trend coming up in six months that, you know,
looks like your projections are getting strong again, you're going to
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January 14, 2014
have to think about reversing policy. And I think that's the only good
thing that comes out is you have breaks at certain times.
So if you see six months from now or a year from now that that
trend is now going to 3,000 single-family homes a year and we're
falling behind again hopefully, you know, you'll be able to change
these to make the adjustments the other way and say we need the
money again.
But this move will add about six months to my revenue
projection. So that's my comments.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: Thank you.
COMMISSIONER COYLE: Could I just respond to Nick's
comment very briefly?
CHAIRMAN HENNING: Yeah. Before you do that, maybe you
can address an item that you corrected on the consent at agenda, Item
16.F.1 .
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: And changing it, the district
boundaries will not be charged water and sewer impact fees unless the
connection is made. Well, actually, I should go back. But during
permitting process, the structures within the district boundaries will
not be charged water and sewer impact fees unless connection, and
you made this change: Instead of available, "made".
So we're now collecting those at connection and not at permit
application.
COMMISSIONER COYLE: Yeah, the reason for that is that we
have in the past, apparently for no good reason, charged people for
water and/or sewer that they weren't getting. And I think this was
mostly in the eastern part of the county. And it's just fundamentally
unfair. Although we apparently agreed to pay them back if they didn't
get the water and sewer service for 10 years, that doesn't make a lot of
sense to me.
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January 14, 2014
So when you originally wrote that executive summary, it said
they won't be collected unless water and sewer is available.
CHAIRMAN HENNING: Now we're collecting them when the
connection is made. So we're collecting --
COMMISSIONER COYLE: For that particular ordinance, yes,
that's correct.
CHAIRMAN HENNING: Yeah. So it's the same thing what
they're asking here, instead of at permit, when your permit is ready,
you're paying it prior to C.O.
But anyways, I didn't want to interrupt you. You have a question
and I appreciate the clarification.
COMMISSIONER COYLE: Yeah, the comments that we'll be
able to change it back if it looks like it's going the wrong way is a
really, really bad planning process.
One thing that even builders want to know is what's it going to
cost me, whether it's two months down the road or two years down the
road. Just like tax policy. We'd like to understand and have some
certainty about what's going to happen. So every 12 months you
review it and you say well, we need some more money so we're going
to start collecting it earlier now, and then 12 months later you say
well, okay, we can afford not to collect it now so we'll go back to the
other process. That's nonsensical. You make policy based on
long-term causes and effects.
If there is no really, really good reason to change it, why change
it? And we found that that process put us in a really, really good
position when the financial recession hit. We had invested in
infrastructure, we had good infrastructure, we were perfectly
positioned for the recovery. Let's not put ourselves in a bad situation
now just to satisfy somebody for six months or 12 months and then
change it back to satisfy somebody else. It's policy is based upon
long-term cause and effect and that's the way it should remain, it
shouldn't be vacillating.
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January 14, 2014
CHAIRMAN HENNING: Do we have public comments?
MR. MILLER: Yes, sir, we have one registered public speaker.
Kathleen Curatolo.
MS. CURATOLO: Good morning. Thank you for the
opportunity. I'm Kathy Curatolo with the Collier Building Industry
Association.
I would like to reiterate our support for amending this ordinance.
And I would like to add, in terms of the what if scenario, under this
Board much has taken place between public/private dialogue on behalf
of economic development. I think planning is critical when we speak
of the what if.
I'm confident that this Board and the county staff have done a
great deal to reach out to the private sector in terms of the what if and
planning collaboratively.
So with all due respect, I would request that you vote in favor of
this amendment. Thank you for your time.
CHAIRMAN HENNING: Thank you.
We have a motion and second on the floor to approve the
requested action. All in favor of the motion, signify by saying aye.
Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER NANCE: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Motion carries 2-1 (sic),
Commissioner Nance and Commissioner Coyle dissenting.
COMMISSIONER FIALA: Three to two, you mean?
CHAIRMAN HENNING: Three to two.
COMMISSIONER HILLER: Three to two.
CHAIRMAN HENNING: Thank you.
Next item is?
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January 14, 2014
Item #10A
RESOLUTION 2014-15: APPOINTING COMMISSIONER
HILLER TO FILL THE EXISTING VACANCY ON THE
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL —
ADOPTED
MR. OCHS: Next item, Mr. Chair, is 11.0 on your agenda this
morning. It's a -- I'm sorry, let me go back to Item 10.
CHAIRMAN HENNING: 10.A.
MR. OCHS: Yes, sir.
10.A is a recommendation to appoint a commissioner to fill the
existing vacancy on the Southwest Florida Regional Planning Council.
CHAIRMAN HENNING: Yeah, I put this on there. I
understand there's a desire by Commissioner Hiller to sit on the
Regional Planning Council. If she still is, I'll make that motion.
COMMISSIONER HILLER: I would like to.
CHAIRMAN HENNING: Okay, that's --
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: -- my motion.
Second by Commissioner Nance.
Commissioner Fiala?
COMMISSIONER FIALA: No.
COMMISSIONER HILLER: Can we car pool?
CHAIRMAN HENNING: Yeah, you can car pool.
COMMISSIONER HILLER: We'll take Flanagan as our driver
so he can like sit between us. That way I can talk sports with him.
Sorry.
CHAIRMAN HENNING: Any further discussion?
COMMISSIONER HILLER: Well, I think I said it.
CHAIRMAN HENNING: All right.
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January 14, 2014
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Next item?
Item #10B
RESOLUTION 2014-16: REAPPOINTING RANDY ANDERSON
(ELECTRICAL CONTRACTOR CATEGORY) TO A TERM
EXPIRING AUGUST 9, 2017 AND APPOINTING RONALD E.
DIXON (MECHANICAL CONTRACTOR CATEGORY) TO A
TERM EXPIRING AUGUST 9, 2016 AND ELOY RICARDO
(STATE CERTIFIED FIRE INSPECTOR CATEGORY) TO THE
TERM EXPIRING AUGUST 9, 2017 TO THE BOARD OF
BUILDING ADJUSTMENTS AND APPEALS — ADOPTED
MR. OCHS: Item 10.B is appointment of members to the Board
of Building Adjustments and Appeals.
CHAIRMAN HENNING: Entertain a motion.
COMMISSIONER NANCE: Mr. Chair, I'm going to make a
motion to reappoint Randy Anderson to the Board of Building
Adjustment and Appeals, and appoint for their initial service Mr.
Ronald Dixon and Mr. Eloy Ricardo.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion and second on the floor.
All in favor of the motion, signify by saying aye.
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January 14, 2014
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Next item?
Item #11C
AWARD CONTRACT #13-6064 IN THE AMOUNT OF $2,208,599
FOR ASSET MANAGEMENT SOFTWARE AND CONSULTING,
INCLUDING IMPLEMENTATION AND INTEGRATION, TO
WOOLPERT, INC.; AWARD LICENSING AND MAINTENANCE
AGREEMENTS FOR SOFTWARE TOTALING $497,775; AND
AUTHORIZE FUNDING IN THE AMOUNT OF $567,893 FOR
THE APPROVED PHASE THREE OF EXISTING CONTRACT
#10-5447 WITH EMA OF MINNESOTA, INC. — APPROVED
MR. OCHS: Sir, that now moves us back into Item 11.C. This is
a recommendation to award Contract 13-6064 in the amount of
$2,208,599 for Asset Management software and consulting, including
implementation and integration, to Woolpert, Incorporated; award
licensing and maintenance agreement for software totaling $497,775;
and authorize funding in the amount of$567,893 for the approved
Phase III of existing Contract 10-5447 with EMA of Minnesota.
Public Utilities Administrator Dr. Yilmez is prepared to present.
CHAIRMAN HENNING: Is there any questions on this item?
COMMISSIONER COYLE: None from me.
CHAIRMAN HENNING: None?
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January 14, 2014
MR. MILLER: I do have one registered public speaker, Mr.
Chairman.
CHAIRMAN HENNING: Okay. Well, let's hear the public
speaker.
MR. MILLER: Phil Brougham.
MR. BROUGHAM: Good morning. I'm Phil Brougham. Happy
New Year.
I'd like to speak in support of this recommendation. If you will
recall, I spoke at your public workshop back in October when
enterprise asset management was first brought up. And I expressed
my three-minute point of view then on how important it is for this
county to address more specifically how to manage their capital assets.
Subsequent to that I did meet with Dr. Yilmez and his team, I
reviewed the request for proposal in some detail, and I've had
subsequent conversations with project staff. And I have to tell you, I'm
impressed by their comprehensive plan, I'm impressed by the
professionalism of this project team.
So with that, in the workshop in October I think there was some
reference to the AUIR and the fact that the current process basically
looks forward to acquiring new assets. And there's little to no
discussion about how do we maintain the assets that we have.
If this project is successful, and I have every reason to believe it
is, it's going to provide that opportunity for this Board to request
business case discussions of where do we spend our money? Do we
spend money, limited funds to acquire? Do we balance that off with
some other funds to maintain? And I think there's been too little, in
my opinion, too little discussion of that in the past.
You need to tighten up, in my opinion, the interplay between
your annual budgeting process and your AUIR process. Because I
think, in my opinion, there's a disconnect there that needs to be
addressed.
With that, I'm going to continue to be involved with the project
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January 14, 2014
team. I'll do whatever I can to assist them. Thank you. Please support
this.
CHAIRMAN HENNING: Thank you. And congratulations on
the merging of the Isles of Capri Fire District and your involvement.
COMMISSIONER BROUGHAM: Thank you.
CHAIRMAN HENNING: Entertain a motion?
COMMISSIONER FIALA: I'd like to make a motion to
approve.
CHAIRMAN HENNING: Is there a second?
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala to
approve, second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. OCHS: Thank you, Commissioners. And staff would also
like to thank Mr. Brougham for his engagement and participation in
the process as we move forward. We look forward to working with
him.
CHAIRMAN HENNING: Yeah, and I think this was
Commissioner Hiller's inquiries over the past two years of why we
have this, so congratulations, Commissioner Hiller.
COMMISSIONER HILLER: Thank you, you're very kind.
MR. YILMAZ: Thank you, County Manager and the
Commissioners.
MR. OCHS: Thank you.
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January 14, 2014
Item #11D
AWARD REQUEST FOR PROPOSAL (RFP) #13-6173,
OUTSOURCING CONCESSIONS AT THE NORTH COLLIER
REGIONAL PARK AND AUTHORIZE THE CHAIR TO SIGN A
CONTRACT WITH NASA HOLDINGS OF MIAMI INC., D/B/A
CONCESSION SERVICES SYSTEMS — APPROVED
MR OCHS: Mr. Chairman, that takes us to Item 11 .D on your
agenda this morning. It's a recommendation to award request for
Proposal Number 13-6173, Outsourcing Concessions at the North
Collier Regional Park, and authorize the Chair to sign a contract with
NASA Holdings of Miami, Incorporated doing business as Concession
Services Systems.
And Mr. Barry Williams, your Park and Recreation Director, will
present.
CHAIRMAN HENNING: Any questions?
COMMISSIONER NANCE: I'd like to move to approve, Mr.
Chair.
COMMISSIONER FIALA: Second.
COMMISSIONER HILLER: I --
CHAIRMAN HENNING: Yes, Commissioner Hiller, I'm going
to recognize the motion first.
Commissioner Nance made a motion to approve, seconded by
Commissioner Fiala.
COMMISSIONER HILLER: North Naples Regional Park
happens to be in my district, so I know a great deal about what the
community is looking for. I've heard their thoughts. And we -- you
know, we're not effective as government being in the food concession
business, and that is why this was put out to bid.
There is a problem with this particular bid and that is that we
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January 14, 2014
only had one response. And we -- you know, I certainly don't have an
understanding of what this particular company does. I know what,
you know, the kids want out there. You know, they're looking for
something more along the lines of Subway, something that they know
that they really like where the quality is consistent and the price is
low.
So I'm very concerned, and I really think that it is a disservice to
our community to accept this and that this should be put back out to
bid.
And I don't know how you are notifying the various franchises in
the community that, you know, this is being put out and is, you know,
available to -- for them to bid on. Because I don't have the sense that
the community knows that this was out there. And I think that we
need to just more generally look at how we put out our bids, how we
advertise and let the community at large know, you know, what they
can bid on.
The list that I've seen where, you know, people send in and you --
you know, Leo's Sod gets a notice that he can bid on a food
concession really doesn't go very far for us. But, you know, targeting
certain audiences where we hope to, you know, potentially draw in
some businesses that could really serve our community well is
something I think that would be a good solution.
MR. OCHS: Mr. Chairman, if you might, we have some
information we had forwarded to Commissioner Hiller we'd like to
share with the Board on the solicitation process so you'd have some
feel for our outreach in terms of try to attract vendors on this --
COMMISSIONER HILLER: And can I make a suggestion?
Because I think Commissioner Henning makes a good point and that
is, we shouldn't be commingling subjects.
I think the outreach is something that we absolutely ought to
address. But if you don't mind, Commissioner Henning, if I may
suggest that we postpone how we go about doing outreach for a
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January 14, 2014
separate topic discussion so that, you know, we can evaluate it and
have, you know, a better prepared dialogue in case any of our
Commissioners would like to speak to staff ahead of the Board
meeting on that subject, it would be beneficial to us.
CHAIRMAN HENNING: Yeah.
COMMISSIONER NANCE: It would be a good workshop topic.
COMMISSIONER HILLER: It could be a great workshop topic.
CHAIRMAN HENNING: If you can address this RFP, I think
that's what's on the overhead.
COMMISSIONER HILLER: Oh, is this specific to this RFP?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Okay.
MR. WILLIAMS: Mr. Chair, if I may, Barry Williams, Parks
and Recreation Director.
COMMISSIONER HILLER: My apologies, Leo.
MR. WILLIAMS: We have a presentation that addresses this as
well, if you'd like that, in the context of the solicitation of the RFP.
COMMISSIONER HILLER: Well, personally I feel that we
need to put it back out to bid and get more bidders. And I would like
to see bidders, you know, like the Subways or even, you know, a local
vendor, a local food purveyor that, you know, might provide quality,
as opposed to making the decision on this one solicitation.
MR. OCHS: And that's fine, Commissioners. But I do want to
tell you what we did in this process. Let's have Joanne --
MS. MARKIEWICZ: Joanne Markiewicz, Interim Purchasing
Director.
In this particular case, in addition to the vendors who registered
for the commodity concessionaire, we did a separate targeted email
marketing to 17 local companies. Included on the overhead are
companies like Russell's Clam Bake, Subway, Cabana Dan, Paradise
Property Management, Wynn's Catering, et cetera. You can see all
the listing of 17.
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January 14, 2014
We then subsequently contacted a number of those firms to
determine why they didn't in this case put in any kind of proposal.
And in most cases companies said market conditions weren't yet ready
for them to go into a venture of this size. So they wanted to in essence
not compete this particular proposal.
MR. OCHS: The point is we did reach out locally to most of the
local vendors and franchise holders that I think you would typically
expect to have some interest in this type of a concession.
Remember this is the concession not only at the Sun 'n Fun
complex but the concessions out around the athletic fields, both the
softball complex and the soccer complex. So this one concessionnaire
would need to deal with all three of those concessions.
MR. WILLIAMS: If I may add too, last year when we
outsourced the marinas, one of the things that we found is we didn't
get a lot of hits, your know, for interest. And part of that is that these
concessions are NISH concessions. They're really not going to appeal
to a broad spectrum of business owners perhaps in the community.
What we've found with the marinas, though, is we've gotten an
excellent concessionaire, and we feel the same for this particular
concessionaire.
COMMISSIONER HILLER: Have you ever tried their food
product? Have you ever eaten anything that they've done?
MR. WILLIAMS: I have not.
COMMISSIONER HILLER: Okay, so how do you know that
it's even going to be good? I mean, I think that's one of the things that
you need to test out before you even consider approving this.
MR. WILLIAMS: One of the things that we sought in the
solicitation was for -- and what we're hearing from our customers at
Sun 'n Fun is that there is an interest, especially from parents, about
the quality of the food.
COMMISSIONER HILLER: Absolutely.
MR. WILLIAMS: And so the concessionaire, in part of the
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discussions that we've had, is to provide fresh products, wraps,
parfaits, fruits, you know, different types of foods that we haven't
traditionally served at that location.
CHAIRMAN HENNING: You know, Commissioner Hiller
brings up a very good point. Maybe after this vendor is seated, we all
should go down for a taste test, you know, and get together at a social
MR. WILLIAMS: We can arrange that, yes, sir.
CHAIRMAN HENNING: We'll have Commissioner Coyle
bring some beer, we could sit down and have some hotdogs.
MR. WILLIAMS: You have to choose one of the parks that
allows beer, though.
CHAIRMAN HENNING: Pardon me?
MR. WILLIAMS: Only some of our parks allow beer, that's the
only thing.
CHAIRMAN HENNING: This one doesn't?
MR. WILLIAMS: The exhibit hall, sir, you could go there.
CHAIRMAN HENNING: Okay, we'll go into your office.
MR. WILLIAMS: No, no, please.
CHAIRMAN HENNING: We're going to drive your car over to
your office and have a beer and a hot dog.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I was interested to note, as
Commissioner Hiller was noting, that we should have more local
concessionaires, and she mentioned Subway a few times. But I was
impressed with all of the people you've already contacted, Russell's,
Subway, Cabana Dan, all these things, Chick Fillet, Boston Market,
Panara Bread. There were a lot of people here. And I would guess
that there's a certain type of person that wouldn't really want to get
into the parks. Maybe that would be a little more difficult for them.
So I think we should go with the people that you suggested, I
already made a motion anyway, and we should see how that works
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out. Because it looks like you've done a lot of work. And you said
here that you had 37 proposal packages that were downloaded. So
that means a lot of people took a look at it. Thank you.
MR. WILLIAMS: Thank you, ma'am.
And one other comment, if I may make, is that -- and Mr. Silva is
here with us today and he might be able to talk to some of the quality
issues that you're raising, Commissioner Hiller.
One of the things that attracted us to him, though, is that he is
providing a similar service in the east coast for a municipal water
park, so he's had some extensive service in working with someone
unique like us, which that got our attention, so -- but he is here today
if you'd like for him to talk or --
CHAIRMAN HENNING: What we can, is let's go to the public
speaker first.
MR. MILLER: That is our registered speaker, Junior Silva.
CHAIRMAN HENNING: Junior?
MR. SILVA: Good morning. I thought it was almost afternoon
time. Good morning, Junior Silva. I'm the owner of NASA Holdings
in Miami, Concession Service Systems. And we'd just like to thank
the county for the opportunity.
You know, as they mentioned, we did our due diligence and the
research of the solicitation and we made sure that it was a project that
we could take on. And we feel that we can come in and do an
exceptional job for the county.
If I can address any questions, I'd be glad to --
COMMISSIONER FIALA: Yeah, do you have any food with
you that we can sample?
MR. SILVA: Unfortunately I don't. I'm sorry, I don't.
CHAIRMAN HENNING: Commissioner Hiller has some food.
COMMISSIONER HILLER: Yeah, I'd like to ask, what park are
you currently servicing?
MR. SILVA: Currently I'm under contract with the City of
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Miami with the Grapeland Water Park.
COMMISSIONER HILLER: Which one?
MR. SILVA: The Grapeland Aquatic Park. It's an aquatic
facility that attracts about 125, 150,000 people annually.
COMMISSIONER HILLER: And what types of food do you
sell there?
MR. SILVA: Well sell the basic fair: French fries, hamburgers,
hotdogs, pizza, chicken tenders. We have -- we do incorporate a lot of
healthy items: Fruit cups, yogurt, parfait cups, granola, turkey,
chicken, tuna wraps, chicken caesar salads. And for special events,
we incorporated a full range of menu items, anywhere from barbecue
to piaya to -- you know, just the list goes on and on.
So our specialty is really concessions. We are not restaurant
operators, we are concessionaires. And we do have, you know, like a
full range of menu items that --
COMMISSIONER HILLER: And where do you prepare the
food?
MR. SILVA: Currently we have a commissary in Miami Dade
County. But the park, it comes with the three concession facilities, so
we'll be doing it here.
And currently, you know, I have two of our staff that's going to
be relocating to Collier to handle this project. And we've already
started the process of looking into a permanent facility for us here in
Collier.
COMMISSIONER HILLER: And Leo, can you explain how the
pricing will be developed on this?
MR. OCHS: I'll ask Mr. Williams to do that, ma'am.
MR. WILLIAMS: What we've done with our concessionaires,
and with this contract we have that same stipulation, market, you
know, really dictates pricing, and we work very closely with the
concessionaires on that.
The pricing though has to be approved by the director, the park's
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director. And so any of the menus that we have out with pricing, you
know, that needs my approval.
We have allowed some. You know, the beach is a good example
where -- and I would cite the Waldorf Astoria. Certainly their price
point is a little higher.
COMMISSIONER HILLER: Am little? Astronomical, at least in
my mind.
MR. WILLIAMS: When you're eating a hamburger on the
beach, you know, it's not uncommon for someone to pay the price
point that they're paying. So we have allowed that price point.
So if there's concerns about the price point, we'd be happy to
discuss those with you though.
COMMISSIONER HILLER: I think it's very important. You
know, I've got families who, you know, some can afford anything, and
then I've got a lot of families who can't. And I think to -- you know, I
think that the -- I think the prices and the menus should be brought
back to the Board. I mean, I don't think it -- this is an issue that I think
is something that the people in the community care a lot about. It's the
total experience.
MR. WILLIAMS: We'd be happy to bring those prices back to
the Board, if that's --
COMMISSIONER HILLER: Leo, would that be acceptable?
MR. OCHS: Oh, yes, ma'am.
COMMISSIONER HILLER: Could we please do that?
MR. OCHS: If you'd like us to bring back --
COMMISSIONER HILLER: I mean, I really want to know, you
know, what the kids are going to get in terms of quality of food, I want
to know what the prices are to make sure the prices are affordable and
not too expensive for them. Like, for example, with Subway we know
what's fresh with them, we know what the prices are. You know that
you get a $5.00 foot long, you know, that's a given, and we know it's
affordable. So I think it's really important.
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How long -- I don't have my --
COMMISSIONER NANCE: Mr. Chairman, I would like to
withdraw my motion of approval and yield to Commissioner Hiller to
allow her to find this comfort level. I was unaware of her concerns.
CHAIRMAN HENNING: Well, she's now talking about Clam
Bay concessions, which is not on our agenda.
COMMISSIONER HILLER: I'm not --
COMMISSIONER NANCE: I know --
CHAIRMAN HENNING: You remove the motion, I'm going to
pick it up for the first.
And Commissioner Fiala, does your motion still stand?
COMMISSIONER FIALA: Oh, yes, it sure does. And she was
addressing some of the other parks. I have the concessionaire in three
of my parks, and I've got nothing but praise for them.
COMMISSIONER HILLER: For who?
COMMISSIONER FIALA: You know, people come to me all
the time, but nobody has any concerns about the prices, nor the quality
of--
COMMISSIONER HILLER: Who's the concessionaire in your
park?
COMMISSIONER FIALA: The same one as the one out at --
not Caxambus. Calusa. Yeah, and I don't know their name, really.
MR. OCHS: Marina --
MR. WILLIAMS: Marina, yes.
MR. OCHS: -- Concessions.
COMMISSIONER HILLER: Oh, yeah. Well, we're not talking
about the marinas. We're not -- this is -- we're not talking about
another food concession.
MR. WILLIAMS: Commissioner Hiller, Mr. Silva did want to
speak to the pricing, if I might.
COMMISSIONER HILLER: Sure.
CHAIRMAN HENNING: It's the market is going to demand the
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pricing. If he over prices, okay, he's not going to have any sales. He's
still going to have to pay. So does that -- is that your statement?
MR. SILVA: No. Well, in addition to that, but yeah, thank you.
Commissioner, the -- in the solicitation we submitted a full menu
with pricing. That was reviewed by the committee and by staff.
In addition to that, we -- the price point, like we said, it's a
family. And most of the menus that we've tailored are between 16 to
$20 for a family of four.
COMMISSIONER HILLER: That's good. Thanks.
CHAIRMAN HENNING: No further discussion, all in favor of
the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Thank you.
Item #11E
RECOMMENDATION TO ADOPT A RESOLUTION AMENDING
RESOLUTION NO. 2013-227, THE COLLIER COUNTY
DOMESTIC ANIMAL SERVICES FEE POLICY, TO PROVIDE
FOR THE LIMITED WAIVER OF FEES WHERE NECESSARY
AND NO ALTERNATIVE EXISTS - MOTION TO CONTINUE
ITEM — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 11 .E, which
was previously Item 16.D.14. And this is a recommendation to adopt
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a resolution amending Resolution No. 2013-227, the Collier County
Domestic Animal Services fee policy, to provide for the limited
waiver of fees where necessary and where no alternative exists.
This item was moved from the consent agenda as Commissioner
Henning's request.
CHAIRMAN HENNING: Well, real quick, and I think we
hopefully resolved this. I think this statement is too broad for waiver,
and I think it needs to be narrowed down. And I think DAS advisory
board should make some recommendations to narrow down whatever
case it is for waiver.
One thing that we don't want to do is start a process to allow
people to continue bad behavior with animals. And by waiving fees
for people who neglect their dogs is -- in my opinion should be
prosecuted.
And of course I know what you want to do is try to save the
animal, and I get that.
So can you do, that Amanda?
MS. TOWNSEND: Yes, sir. Amanda Townsend, your Director
of Public Service Operations.
We can. And please, Commissioner, don't forget that we have an
entire, you know, brand new ordinance with an entire suite of
penalties. And just because we made a decision to waive a fee does
not mean that that animal owner, if so merited, would not receive a
fine in the form of a citation.
CHAIRMAN HENNING: Well, the policy says basically you
can waive it. For services -- animals and animal and safety.
So would you do it for promoting sales and advertisement? Wait
a minute, here's the fee structure.
MS. TOWNSEND: Sir, if I might, I agree with your original
assessment that the language is broad. Darcy Andrade, the Interim
Director of Animal Services, and myself reviewed the fee policy again
and really, we can only find two instances where this waiver would be
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needed.
CHAIRMAN HENNING: Okay. Well, why don't you bring that
back.
MS. TOWNSEND: I've got that for you on the visualizer.
CHAIRMAN HENNING: Okay. But the advisory board has
already heard this one. And we use them, the advisory board, for
feedback on, you know, policy issues.
MR. OCHS: And we'd be happy to do that, sir. We just
wondered if this suggested tightening was something that you thought
was moving in the right direction, so that when we took that back to
advisory board we could give them some indication of whether the
commission thought we were moving in the direction that you'd like
us to move.
CHAIRMAN HENNING: Yeah. And I would like to hear from
those advocates out there.
Yes. To answer your question, yes. However, the condition is I
want to hear from people that have a passion for it.
MS. TOWNSEND: And you did have an advisory board
recommendation to approve the language as proposed today --
CHAIRMAN HENNING: I know.
MS. TOWNSEND: The broad language.
CHAIRMAN HENNING: But there also is some dissension too.
So I'm going to make a motion to continue this item.
COMMISSIONER HILLER: I'll second it.
CHAIRMAN HENNING: Any discussion?
COMMISSIONER NANCE: I would just like to make one
statement. I support the motion to continue it, but I've always thought
that ordinances we have whenever we say always or never, always
gets us into trouble. And we should provide some reasonable ability
for our best and brightest staff members to make the best decision.
CHAIRMAN HENNING: Recommendations, yes.
Okay, all in favor of the motion, signify by saying aye.
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January 14, 2014
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #1 I F
RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY
TO ADVERTISE AN AMENDMENT TO SECTION 5.04.05.D OF
THE LAND DEVELOPMENT CODE, WHICH CURRENTLY
PROVIDES THAT, AFTER PUBLIC HEARING, THE COUNTY
MANAGER MAY ISSUE A 16-WEEK, TEMPORARY USE
PERMIT FOR THE KEEPING OF UP TO TWO HOGS ON
ESTATES ZONED PROPERTY OF 1 .25 ACRES OR GREATER,
IN PREPARATION FOR SHOWING AND SALE AT THE
ANNUAL COUNTY FAIR AND/OR THE ANNUAL
IMMOKALEE LIVESTOCK SHOW, WHICH AMENDMENT
WOULD CONVERT THIS PROCESS FROM A PUBLIC
HEARING TO A PERMIT ISSUED BY THE COUNTY
MANAGER, AND TO FURTHER ALLOW ONE HOG PER EACH
CHILD ENROLLED IN THE 4-H PROGRAM, UP TO A
MAXIMUM OF TWO HOGS PER ACRE, AND THAT THE
BOARD STAY THE ENFORCEMENT OF THE CURRENT
ORDINANCE UNTIL THE PUBLIC HEARING - MOTION TO
CONTINUE ITEM — APPROVED
MR. OCHS: Thank you, Commissioners. That takes us to Item
11 .F on your agenda, which was previously Item 16.D.15, and that is a
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recommendation to direct the County Attorney to advertise an
amendment to the Land Development Code having to do with
permitting of hogs in Estates zoned properties. I won't read the whole
long title, but --
CHAIRMAN HENNING: Yeah. And you don't have to. I just
think we need a little bit more cleanup.
In Section 2 of our Land Development Code, the zoning section,
Estates District E, it is -- I mean, you can keep chickens, horses, but
there's a prohibition on hogs. So that needs to be changed to a
temporary use type thing.
The other thing, and I'm just throwing it out to my colleagues, we
have several Estate districts or Estate areas within Collier County, it's
just not Golden Gate Estates, okay. And in fact we have a
Commissioner here that lives in a very urban Estates, and --
COMMISSIONER HILLER: That's me.
CHAIRMAN HENNING: This one would apply.
COMMISSIONER NANCE: How many hogs do you have?
COMMISSIONER HILLER: Well, I'd like to have a whole
bunch of hogs.
CHAIRMAN HENNING: Okay. Well, that was my question.
So if you just wanted to make this for Golden Gate Estates, we can do
that. However, if you're okay with a hog next to you, we'll just leave
that. That was my main concern, were you aware of that, and if you
approve it, I'm fine with --
COMMISSIONER HILLER: Well, let me share with you that in
our district there -- it's not that the we have the ability to have these
type of animals on all the properties within Pine Ridge Estates. My
understanding is that we're limited to only the perimeter properties
which are zoned for I guess ag.
CHAIRMAN HENNING: No, it's right here.
COMMISSIONER HILLER: But in Pine Ridge Estates.
CHAIRMAN HENNING: Do you have a deeded covenant?
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COMMISSIONER HILLER: We have -- you know, we don't
have a homeowners association, we don't have anything like that. I
mean, we are just, you know, a neighborhood.
So if you look at -- my understanding is the neighborhood, just
only the perimeter properties along I think that border on Goodlette
can have like chickens or horses or anything like that. None of the
properties within Pine Ridge can have any.
So to the extent -- that's my understanding. And if I'm incorrect,
please correct me on the record. But those properties adjacent to each
other can have that kind of--
MR. FLUECH: For the record, my name is Brian Fluech, I'm
your Director for the University of Florida Extension Office.
And actually, Commissioner Hiller, I don't know the answer to
that. That might be more for Code Enforcement.
COMMISSIONER HILLER: Maybe Nick can find out from his
staff and come back. Because that is my understanding. Because I
know that, for example, you know, there are families I know on Ridge
Drive that have like chicken coops and they have horses and they have
goats. But it is one single stretch. So it wouldn't actually affect the
interior, because the interior doesn't have that right.
CHAIRMAN HENNING: Okay, well let's --
COMMISSIONER HILLER: But I think you raise an excellent
point and I think it's extremely important to make sure. Because yeah,
I'm not sure some neighbors would like to have a hog farm next to
them in the middle of Pine Ridge.
CHAIRMAN HENNING: Well, it would be just one for --
COMMISSIONER HILLER: Well, you can have a farm of one,
right? No?
COMMISSIONER NANCE: Mr. Chairman --
CHAIRMAN HENNING: A temporary -- yes?
COMMISSIONER NANCE: -- my light is not working, it's not
functional at this point.
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January 14, 2014
CHAIRMAN HENNING: Yeah, we disconnected it.
COMMISSIONER NANCE: I figured as much.
I would like to propose that we continue this item also until we
can address some of these details. But I would like to say that Bryan
Fluech, our Extension Director and the 4-H staff with IFAS have done
a lot of work to help make some proposals to move this forward in a
meaningful way.
And some of the things, for example, to my fellow
Commissioners that need to be resolved, I think there was an issue on
permitting fees. And I believe that the 4-H entity should be, for
example, the permitting entity and through a program of education and
taking applications from these children, some of the requirements that
we could establish would therefore be clear before they engaged in the
process and avoid a lot of unpleasantness down the road and afford
people an opportunity to comply with whatever regulations the Board
sees fit in these cases and tidy this whole thing up.
So I'm going to make a motion to continue it so we can do a little
further work and bring back a nice package that helps the county and
engages the 4-H people to be responsible --
COMMISSIONER HILLER: I'll second that.
COMMISSIONER NANCE: -- for a lot of this.
MR. FLUECH: And I think one of the biggest things is for us
obviously maximizing the education benefits for the kids, but we also
want to keep that in context, that we're respecting the rights of
property owners around them. So that's something on our end from
the education aspect, yes, it's important that the kids -- you know, the
purpose of raising the animal, of course there's multiple benefits, but
we do want to make sure that we're being respectful. Because that's
also a valuable lesson is engagement with the community. So that's
something that obviously we would like to, you know, continue --
COMMISSIONER FIALA: I'll second your motion.
CHAIRMAN HENNING: There's a motion by Commissioner
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Nance to continue this item, and it's seconded by Commissioner
Hiller.
Are you going to work with --
COMMISSIONER FIALA: My name's Fiala.
CHAIRMAN HENNING: No, Mr. --
COMMISSIONER HILLER: I already seconded.
COMMISSIONER FIALA: Oh, did you already?
CHAIRMAN HENNING: Mr. Nance did.
COMMISSIONER HILLER: We're on the same page again,
Donna.
CHAIRMAN HENNING: Yeah.
MR. CARNELL: Mr. Chairman, could I --
CHAIRMAN HENNING: No.
MR. CARNELL: -- ask for clarification?
CHAIRMAN HENNING: No, not yet.
You're going to work with staff and Mr. Fluech --
MR. FLUECH: Yes, sir.
CHAIRMAN HENNING: -- on some language that you would
like to see?
COMMISSIONER NANCE: I will certainly be a lead person, if
the Board feels that's appropriate. But it will also have an opportunity
for all Board members to address our concerns about different regions
of the Estates. If there needs to be different regulations to solve
problems I think it's appropriate to do that. I'd just like it to be pretty
comprehensive so all Commissioners can accomplish what -- address
the concerns that they have, everybody reaches a comfort level, and
certainly the goal is to make this program possible and make it
responsible.
COMMISSIONER HILLER: And just if you would, please look
into Pine Ridge Estates.
COMMISSIONER NANCE: We'll be looking --
COMMISSIONER HILLER: But I don't think it will adversely
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January 14, 2014
COMMISSIONER NANCE: -- for guidance. We'll be looking
for guidance on how you think that should -- as well as Commissioner
Henning who has a very large area in Golden Gate.
CHAIRMAN HENNING: I don't have any concerns.
COMMISSIONER NANCE: Or Commissioner Fiala. You
know, you may have --
COMMISSIONER FIALA: Parker's Hammock is --
COMMISSIONER NANCE: Absolutely. You may have 4-H
participants down there that aren't in the Estates. So we need to make
sure that, you know --
COMMISSIONER FIALA: There are Estates lots over in
Parker's Hammock.
CHAIRMAN HENNING: There is.
COMMISSIONER NANCE: And rural.
CHAIRMAN HENNING: Or do you have a problem with --
COMMISSIONER FIALA: No, I don't. I was just going to ask a
simple question.
CHAIRMAN HENNING: Yeah, let me get to Steve Cornell, and
then I'll go to you.
MR. CARNELL: Thank you, Mr. Chairman. Steve Carnell,
Public Services Administrator.
I just want to clarify as part of the motion, staff was
recommending a temporary stay of enforcement of the ordinance.
CHAIRMAN HENNING: That's part of your motion?
COMMISSIONER NANCE: I will include that in my motion,
yes, sir.
CHAIRMAN HENNING: Is that part of the second?
COMMISSIONER HILLER: Yep.
MR. OCHS: Thank you.
CHAIRMAN HENNING: Commissioner Fiala? Then
Commissioner Coyle.
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COMMISSIONER FIALA: Just a simple question. Why hogs?
Is there some special thing that you don't want more than that many on
a property? I don't know, so I'm just asking.
CHAIRMAN HENNING: Yeah, they're very tasty.
MR. OCHS: This all stemmed from a Code Enforcement
concern when someone called in complaining about too many hogs on
an Estates lot.
And what we discovered was that as part of the 4-H program
these children were raising these hogs for the fair. But as we drilled
down into the LDC, we found that we weren't able to reconcile the
goals of the 4-H program and the fair with existing provisions in the
LDC. So we've attempted through this item to allow the Board to
allow us to stay enforcement while we reconcile those two competing
entities.
COMMISSIONER FIALA: That's great. I'm so happy that
you're involved with the 4-H, that's such as worthwhile organization.
Thank you.
MR. OCHS: Bryan's doing a great job.
COMMISSIONER NANCE: I actually thought Commissioner
Coyle's potbelly pig was on the loose or something.
COMMISSIONER HILLER: Does he have one?
COMMISSIONER COYLE: I fed it to my dog.
COMMISSIONER HILLER: I was going to say, wait a minute,
he doesn't live in the Estates.
COMMISSIONER NANCE: That's a DAS problem right there.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I think we could do a great
service with the 4-H program if we just approved the retention of say
18 or 20 hogs on Commissioner Hiller's property for the county fair.
And it would be consolidated in one place and it would be relatively
simple and you wouldn't have people in the Estates being
inconvenienced.
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January 14, 2014
COMMISSIONER HILLER: Can I roast them before we deliver
them? Because I'm a great cook. I mean, I could just -- I could
deliver --
MR. FLUECH: Bring it on.
COMMISSIONER HILLER: -- the best pulled pork ever.
MR. FLUECH: All right.
COMMISSIONER HILLER: I think it's really great. It's a
wonderful project. And I certainly support what you're doing in any
way that I think we collectively can help, we're there for you.
Because it's a great experience for the kids and it's fun, you know.
MR. FLUECH: Thank you.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: Thank you for explaining it,
Commissioner Henning.
CHAIRMAN HENNING: We also -- actually, one of your
former constituents, I wanted to bring this to your attention, brought
this issue up. And we're all done with this hog issue.
MR. OCHS: Did you vote?
COMMISSIONER NANCE: Did we vote?
CHAIRMAN HENNING: No, we're not -- we haven't voted yet,
but I can tell by the sense of it it's going to pass. So if you want to
stay up there, that's fine.
MR. FLUECH: All right.
COMMISSIONER HILLER: Is this in the agenda?
CHAIRMAN HENNING: In the Growth Management Plan, it
states in the Estates to provide for growing of food crops and key
livestock on properties within the Estates shall be permitted. But
there's a provision in Section 2, Commissioner, that you can raise field
crops for your consumption by the person residing at the premises.
COMMISSIONER NANCE: Home garden.
CHAIRMAN HENNING: Yeah. So theoretically, you know,
you can't give vegetables to your neighbor or you can't give vegetables
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to your family that resides outside or your friends.
COMMISSIONER NANCE: I think you can give them away but
I don't think you can sell them; is that right?
CHAIRMAN HENNING: No, it says field crops raised for the
consumption by persons residing at the --
COMMISSIONER NANCE: Okay. Well, that's our gift policy
anyway, you're not supposed to be giving people tomatoes anyhow,
right?
CHAIRMAN HENNING: Right.
But this constituent or former constituent, actually, Brooke
Hollander --
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: -- that you know, thought it would be
a good idea for emerging businesses to allow residents within the
Estates to grow crops and sell them like into markets, like fresh
markets or farmers markets, but, you know, don't allow for a vegetable
stand within their property to attract people. Because that would be the
opposite of--
COMMISSIONER NANCE: Well, remember, Commissioner
Henning -- and that's an interesting idea, because there are actually
individuals with Estates zoning that have got a portion of their
properties declared as agricultural in nature. And I think as long as
they don't attract employees or do sales from their property there
wouldn't actually be any reason why they couldn't grow materials and
then remove them if it was, you know --
CHAIRMAN HENNING: So you agree?
COMMISSIONER NANCE: Oh, I think we should definitely
take a look at it.
CHAIRMAN HENNING: Okay. So is that a part of your
motion?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Is that a part of your second?
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January 14, 2014
COMMISSIONER HILLER: Yeah. You'll also have to address
in conjunction with that the ag. exemption and how they would then
have the ability to be tax exempt and we wouldn't be collecting
property taxes on them.
COMMISSIONER NANCE: They're already doing that.
COMMISSIONER HILLER: But if they're not operating a bona
fide agricultural business, then they can't be. And the only way you
can operate a bona fide agricultural business is if you're actually
selling the product. And what we have here is a law that says it's only
for your own consumption.
COMMISSIONER NANCE: No, actually, Commissioner Hiller,
what they do have is they aren't conducting horticulture activities.
Some of them raise goats and raise other animals that are permitted in
the Estates, other than hogs and chickens, for their own use. And
actually that allows them to qualify for an agricultural exemption on
that portion of their property, because it meets the criteria of the tax
assessor.
COMMISSIONER HILLER: To consume your own goats
qualifies you for an ag. exemption? I thought it was supposed to be a
bona fide agricultural business.
COMMISSIONER NANCE: Well, it's --
COMMISSIONER HILLER: Because, I mean, if you're
consuming your own goats, that's no business.
COMMISSIONER NANCE: Well, if you are using it -- the
definition of bona fide agricultural use is controlled by the Property
Appraiser. And people that have and maintain horses and have and
maintain goats and other animals and chickens do routinely get the
benefit of that designation by the Property Appraiser in the county.
And of course those are determined annually on January the 1st for the
following year. So they do actually take advantage of some of that.
COMMISSIONER HILLER: So if I just merely have a horse or
have a hog or have a goat on my property, I can be ag. exempt and not
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pay property taxes or pay significantly reduced property taxes?
COMMISSIONER NANCE: You can get a portion of your
property based on how much property you can --
CHAIRMAN HENNING: Are you getting hungry?
COMMISSIONER NANCE: -- indeed acquire to maintain that
animal.
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: Yeah, me too.
COMMISSIONER HILLER: Well, that's a big deal because it
goes directly to our revenues, so I think we should have a very clear
understanding of that.
COMMISSIONER NANCE: Well, you need to know that the
tax assessor is very, very critical on that and that they do have a whole
group of people that go out that do that in our county for bona fide
huge farmers that also do that same thing for the small exempt
properties. And typically it's only a small portion of their property
that is exempt.
For example, you can't exempt your house because your house is
not utilized in agri. business. But if you have a five-acre parcel and
you have a two-acre paddock and a barn and everything to maintain
those horses and take care of them, those people can, under the
guidance of the tax assessor, get that designation.
CHAIRMAN HENNING: I'm ready to slop the hogs. Are you
guys ready?
COMMISSIONER NANCE: Well, you need to sign up with Mr.
Fluech there for the 4-H program.
CHAIRMAN HENNING: All right, all in favor of the motion --
you did include that in your amendment?
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: And your second. Yes, thank you.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
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January 14, 2014
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
It is 12:08. We're going to take an hour break for lunch and our
court reporter for an hour. So we'll be back at 1 :09.
MR. OCHS: Correct.
(Luncheon recess.)
CHAIRMAN HENNING: The Board is back in (sic) recess. We
have at time certain for 1 :00.
Item #13A (Discussed; Continued to later in the meeting)
PRESENTATION OF AN ANALYSIS PERFORMED FOR THE
CLERK BY CLIFTONLARSONALLEN LLP, AN INDEPENDENT
CERTIFIED PUBLIC ACCOUNTING FIRM, OF SUB-RECIPIENT
AGREEMENTS APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS (BOARD) TO IDENTIFY THE AMOUNT OF
PROGRAM INCOME EARNED BY HOUSING OPPORTUNITIES
MADE FOR EVERYONE, INC. (H.O.M.E.) RELATED TO THE
PURCHASE, REHABILITATION, AND SUBSEQUENT RESALE
OF FORECLOSED PROPERTIES PARTIALLY SUBSIDIZED BY
FEDERAL AND STATE GRANT FUNDS — DISCUSSED AND
THEN CONTINUED TO LATER IN THE MEETING
MR. OCHS: Yes, sir, Mr. Chair. That's Item 13.A.1 -- excuse
me, 13.A, for 1 :00 time certain. It's a presentation of an analysis
performed for the Clerk by CliftonLarsenAllen, LLP, an independent
certified public accounting firm, of sub-recipient agreements approved
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January 14, 2014
by the Board of County Commissioners to identify the amount of
program income earned by Housing Opportunities Made For
Everyone, Incorporated, related to the purchase, rehabilitation and
subsequent resale of foreclosed properties partially subsidized by
federal and state grant funds.
CHAIRMAN HENNING: Just a clarification, when is our public
comment? I know it's in the afternoon. Is it right after lunch or --
MR. OCHS: Commissioner, what it says on your printed index
is public comment is heard no sooner than 1 :00 p.m. unless otherwise
noted. So traditionally we try to do it at 1 :00. If we have a competing
time certain it usually comes right after the time certain items, sir.
CHAIRMAN HENNING: Thanks.
Good morning, Mr. Brock.
MR. BROCK: Good morning, Mr. Chairman and members of
the Commission. My name is Dwight Brock. I'm the Clerk of the
Circuit Court in Collier County.
And I'm here today to talk to you about a program that was
originated in your housing department called the H.O.M.E. Program.
Sometime back -- I think I can actually tell you exactly when.
COMMISSIONER HILLER: Before you get started, can you
please clarify for the record, there is another federal program called
H.O.M.E. Can you distinguish?
MR. BROCK: Totally different program.
COMMISSIONER HILLER: Right. Well, can you clarify that
for the record that this is a private non-profit --
MR. BROCK: Sure.
COMMISSIONER HILLER: -- and what the --
MR. BROCK: Private not-for-profit corporation called
H.O.M.E., Opportunities Made For Everyone. It was a private
not-for-profit corporation created in the State of Florida and has
nothing to do with the HOME Program I think is implemented by
HUD, correct? Has absolutely nothing to do with them. There's not a
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January 14, 2014
relationship between the two at all. This is a totally different program.
This program actually is a -- what is that called? A CDBG
Program, Community Development Block Grant Program. And it also
entails some state money through the SHIP Program, or SHIP
initiative.
And it was a situation in which -- to give you some background
as to how this is set up; the Board of County Commissioners goes to
the federal government and presents a plan to the federal government
for the use of CDBG funding. There are federal requirements on how
that occurs, how the money is spent. There are guidelines, there's
code of federal regulations, there's statute, and all of those are in play
in this process.
And then once that money is given to the Board of County
Commissioners as the recipient of those proceeds, they then become
the distributor of those proceeds out to the people like H-O-M-E,
H.O.M.E., and they do that through a contract that you enter into that
mandates what it can be used for and how it can be used.
Now, you think about this, it's sort of like you've got the state
statutes. Try to put it in the context of how you operate here, you
have the state statutes that you must comply with, you have the
Constitution that the state statutes must comply with, and then you
have the code that you pass here, the ordinances which are the laws
that have to be in compliance with both the state statute and the
Constitution.
Well, in this situation what you've got is you've got the federal
statute that delineates how the CDBG grants are spent. Those then are
passed on through use through the program that's approved by HUD,
okay. So you've got to comply with the statutory requirements for the
program, you've got to comply with the requirements that HUD
imposes upon you, then you have the regulations that are adopted by
the federal government through the Code of Federal Regulations that
must be complied with as well.
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And then it comes to you and you impose upon the program
those constrictions that you want, or restrictions that you want as to
how this program will operate under your confines. Okay? We got all
that now?
So it can't be any less restrictive than the things above you, but
you can be more restrictive. You follow?
COMMISSIONER HILLER: Yes, sir.
MR. BROCK: And the Board of County Commissioners, with
regard to the H.O.M.E. Program entered into an agreement with
H.O.M.E. on the 23rd of September, 2008.
And Mr. Chairman, you might remember this, when they came
before the Board for approval, the representation that was made by
Mr. John Barlow, who is a representative of H.O.M.E. at the time it
was coming forward, indicated to you that oh, he didn't need a
contract. Recall that, Commission? You insisted that oh, yes, you do.
And we insisted that oh, yes, you do.
So there was a contract that was entered into by the Board of
County Commissioners that had certain criteria that have to be
followed. And that contract is part of the process that we then audited.
We audit to the contract, we audit to go to federal regulations, we
audit to the requirements imposed by HUD through the program and
we audit through the rest of it, okay?
So as we went through that process, one of the things that we
attempted to do was to begin getting records. And I have put on the
board for us here today a time line that we went through with regard to
this particular process. And I will tell you, it has been excruciating in
the process of just trying to obtain the records associated with how
these government monies, these taxpayer monies, were expended in
this process.
The first thing that transpired was in a meeting with H.O.M.E.
and the County Housing Department, HHVS, on 3/15/11 we requested
the invoices, bank statements, financial statements, supporting
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programs, income and expenditures from both H.O.M.E. and HHVS.
Then again on the 22nd of March of 2011 we made a second
request, since we hadn't gotten them the first time. And we went
through that process on 3/29/2011, as you can see. We received an
email from Internal Audit, HHVS, and requesting HUD closing
statements on each of the properties that were purchased in this
process.
Now, what was going on, if you will look at the agreement that
the county had entered into with H.O.M.E., if you look at attachment
A, Exhibit A, you will see in Exhibit A exactly what it was that the
county had approved to take place. We're going to talk about this a
little further as we go along.
But in essence what it was that the county had agreed to pay for
with the CDBG funds was the purchase of homes, the rehabilitation of
homes and the resale of those homes. Those are the three things that
the Board of County Commissioners had approved.
Now, one of the things that keeps happening in this process as I
noticed in the responses from Mr. Barlow on behalf of H.O.M.E., is he
obviously does not understand that even though the program may have
other things that you could spend the money on under the statutory
criteria or the regulatory requirements, that is not what this Board of
County Commissioners approved. As we go through this, we're going
to see exactly what I'm talking about.
But after we went through the process of trying to get this
information through 3/15, 3/22 and 3/29, and Internal Audit still did
not receive any of the requested documentation. But Internal Audit did
receive on 3/31 the HUD closing statements. Those are just closing
statements that show the purchase or sale of the homes and the criteria
that went through that process. Okay?
And then on 5/9 of 11, an email from Internal Audit to HHVS
requesting additional invoices, 5/9/11, supporting expenditure
documentation to validate program income and property information
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previously discussed on the March 15th meeting.
We still have not gotten the information that we had asked for,
okay. We are not able at this point in time to go through the financial
records and determine what happened here at all.
Now, understand that none of this came through our office. This
was all done through that corporation separate and apart from the
county and then they're in here submitting requests for payment and
we're having to pick up the records after the fact to determine what's
going on. And they won't give us the records, okay.
On 6/30 of'11, Internal Audit met with HHVS to discuss
Management Alert dated 6/17/11 . After the meeting, HHVS delivered
a QuickBooks summary. Do you know what QuickBooks summary
is? Do you know what QuickBooks are, Commissioner? I mean, it's a
simple financial program. You know, it's like bookkeeping in
kindergarten, okay. For documents provided by H.O.M.E.
Then on 7/11/11, Internal Audit received a reconciliation of
program income from the OMB grant coordinator at the time. The
grant coordinator used the QuickBooks summary ledger provided by
H.O.M.E. without going into any of the detail to complete the
reconciliation instead of looking at the detailing and supporting
documentation.
That's not the way we audit, ladies and gentlemen. So we're still
looking for the records. You don't get to tell us what you did and us
accept it without -- what was it, you know, you trust but verify. You
know, some say that I don't trust before I verify. I verify, simple.
COMMISSIONER HILLER: Isn't the word proof?
MR. BROCK: Proof, right.
Internal Audit then sent a letter on 7/18 to H.O.M.E. requesting
7/20/11 documentation to support program income and expenditures.
County staff informed of the letter via email, okay?
Shortly after we sent that letter to HHVS, and it was ultimately
transmitted to H.O.M.E., we get back a copy of an email that is sent to
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a county department by John Barlow, H.O.M.E., which says the email
from H.O.M.E. -- now, this is a letter that essentially says we want the
records, okay. An email from H.O.M.E. that says the email from
H.O.M.E. to county staff suggesting to them to disregard the letter
sent by Internal Audit on 7/20/11, that they made additional repre -- he
made additional representation that what we had said in our letter,
which was essentially nothing more than we want the records, was
replete with misrepresentations. I guess we really didn't want the
records. That's all it said, in essence.
Then on 8/11/18 (sic), a follow-up letter from Internal Audit to
H.O.M.E., once again requesting documentation related to the
expenditure of grant funds.
We -- again on 8/18/11, we started this back on March, 8/18/11,
we still haven't gotten it. Okay, now, I recall there being a program
with the Department of Treasury.
COMMISSIONER HILLER: Can you speak into the mic,
please.
MR. BROCK: I remember there being a program with the
Department of Treasury, ATF, I think, where Congress was requesting
multiple documents from ATF regarding the sale of automatic
weapons in Mexico. And I assume Mr. Barlow took leadership from
the executive branch of the federal government and you send boxes of
documents that have absolutely no relationship to what you're
requesting and you tell everybody, oh, we sent 10,000 records. And
that's supposed to give you cover that you have in some way complied
with sending what it was that you were asked to send. But the bottom
line is it wasn't sent. And it hasn't been sent.
Then on 8/22/11 a letter from H.O.M.E. to Internal Audit via
email stating that copies of canceled checks, supporting expenditures
for 11 of the 13 properties will be provided by H.O.M.E. H.O.M.E.'s
position is that all relevant documentation has been provided.
Now, the relevant documentation that I want is I want the bills. I
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want the invoices where people have supposedly been paid money to
do services. I want bank accounts to show where these monies came
from. We still have not gotten all of those.
On 8/25/11 the Internal Audit department met with John Barlow,
vice President, and Mike Pettit, Secretary of H.O.M.E. to discuss
available of records. Mr. Pettit suggested and requested
documentation be given to Internal Audit to enable them to conclude
the review.
On 9/22/11 copies of some but not even close to all canceled
checks and related invoices were hand delivered to Internal Audit by
John Barlow. Internal Audit was advised by John Barlow again that
he had provided all of the records.
Now every time we went through this process we were told we
have provided you with all the records. But again now we're being
provided additional records. I guess these are records in addition to all
of the records that we had supposedly been provided before.
On 11/8/11, emails from Internal Audit to H.O.M.E. requesting
backup for missing information. Some records provided via emails
the same day. John Barlow's emails from 8/11 (sic) stated he would
have to check his storage four additional records such as canceled
checks, responses to RFPs, which is going to be very important, and
IRS 990s. Obtaining these records from John's Barlow is like pulling
teeth.
On 12/6/11 --
CHAIRMAN HENNING: Excuse me.
MR. BROCK: -- records, bid documents, related --
CHAIRMAN HENNING: Did we have some questions.
COMMISSIONER FIALA: Yeah, could you open this for me,
please.
CHAIRMAN HENNING: Sure, sure. Hang on a second.
COMMISSIONER FIALA: I think it's just the --
COMMISSIONER COYLE: You know, really, we can read this,
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January 14, 2014
by the way. Most of us can read, Mr. Brock.
MR. BROCK: I'm sure you can, Commissioner.
CHAIRMAN HENNING: Okay, thank you. Please continue.
MR. BROCK: On 12/6/11 records, bid documents, related
proposals and additional canceled checks that H.O.M.E. was willing to
share were hand delivered by Barlow to Internal Audit. But we still
haven't gotten all the records.
Between 12/6/11 and 5/9/12, Internal Audit did not receive any
financial records requested and therefore were issued an audit report
indicating that we could not determine program income because we
didn't have the records. And would not give them to us.
On 5/18/12 H.O.M.E. provided bank records covering a grants
period for CDBG account. These accounts showed the existence of
two additional bank accounts.
Now these are records that he has given us for H.O.M.E. that
show additional bank accounts where money is being transferred back
and forth. In other words, we have discovered that there is a
commingling of funds taking place in this process for which we have
no records. So when we discovered the existence of those, we asked
for those and they provided accounts for these two accounts. One and
a half years after discovery. And all during this time we have been
told, every time we asked for records, and I think he even came into
this Board meeting and told this Board that he had given me
everything.
On 4/23/13 of last year this Board approved a motion directing
that the County Manager go get the records. County Manager
provided the Clerk with some additional documentation via email
indicating the documentation was submitted by H.O.M.E.
At this point in time, if a lot of you will recall, John Barlow had
opposed me in the election for Clerk. In order for me to avoid even so
much as the appearance of impropriety, I chose to stay out of the
process and hire a purely independent auditor to review it. And I
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hired a company called CliftonLarsonAllen, LLP.
Now, I think at a later time this Board will recall that it also hired
CliftonLarsonAllen to be the external auditors for this county.
And CliftonLarsonAllen began going through the documents that
we had that we provided, and during that process we gave them
everything that we had, everything that had been provided to us, and
asked them the simple question, to please track income.
As we did that -- as we requested, they then engaged in that
process. And in that process CliftonLarsonAllen, in a meeting in
which my staff attended, they went to the members of H.O.M.E. We
brought in all of the directors -- I think it was all of the directors, we
brought in as many as we could, as many as we could get in -- and
explained to them what we were doing and what we were looking for.
And we were assured that they would give us everything.
And something that you need to take into consideration now is
we have bills from Boran, Craig and Barber, BCBE, for rehabilitation
for these houses. And you're going to see some of those and we're
going to talk about them in a minute. But we have absolutely no
supporting documentation to back up what that is for. So we're going
to look at that in just a minute.
On 10/8/13 we received an email from H.O.M.E. with a copy of
a $500,000 letter of credit promissory note in the name of H.O.M.E.
guaranteed by John Barlow Trust.
Now then we understand at this point in time the concept that
they were commingling funds. But we're not able -- because we don't
have the records sufficient to break it apart, we're not able to
determine how they were commingled, what went on, what money
was spent. All we know now is that there was a commingling of funds
in this process, in this program.
On 10/9/13, Internal Audit emailed a letter to former H.O.M.E.
director and HHVS staff summarizing documentation that was agreed
to be provided by H.O.M.E. to us and to CliftonLarsonAllen, which
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included the invoices that backed up the bills that were submitted by
BCBE, okay.
We have never received any of those.
Internal Audit received from H.O.M.E. copies of bank statements
on 10/17/13 related to accounts with Bank of America, Bank of
Florida referenced on 5/18/12.
HHVS provided copies, on 10/17 of H.O.M.E. application for
150,000 SHIP grants and 427,000 CDBG grant requested at the initial
3/15/11 meeting and again during the 10/7 meeting.
On 10/22/13, HHVS provided Internal Audit a copy of the Initial
Award Letter addressed to H.O.M.E.
Internal Audit received from H.O.M.E. a spreadsheet detailing
the use of funds by H.O.M.E.
Internal Audit on 10/24/13 received from HH -- now, this is on
10/24/13. We started this in March of'11, okay? And on 10/24/13 we
received a copy of a letter from a Marcy Krumbine to H.O.M.E
addressing program income. The letter incorrectly stated that per the
sub-recipient agreement, a portion of the CDBG funds were going to
remain in the property in order to keep it affordable, and the remainder
was going to come back to H.O.M.E. as program income.
Now, ladies and gentlemen, the agreement is public record. I
challenge any of you to go through that document and find anywhere
where it says that. The terms of the agreement with H.O.M.E. was
very clearly delineated in Exhibit A attached to the contract. Which
was, one, purchase; two, rehab; three, sale, okay?
On 10/25/13 Internal Audit received from H.O.M.E. a letter and
spreadsheet dated 3/15/09 sent to HHVS documenting a so-called plan
that we -- wasn't part of the contract -- a plan for the use of program
income. And HHVS acknowledged receipt of the plan.
H.O.M.E's original application included homebuyers assistance,
which was not part of what was approved by the Board. The amount
awarded to H.O.M.E. that was approved by the Board was $427,473,
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which did not include homebuyer's assistance.
Now, there are three things in which CliftonLarsonAllen
identified in their finding. One was that program income which,
pursuant to the Code of Federal Regulations and pursuant to the
agreement, must be returned to the county. And it was not returned to
the county.
The next item was insufficient support of construction costs. Do
you remember the BCBE invoices that I was telling you about? I'm
going to show you that in just a moment and show you where the
deficiency is.
And, which is a program breaker, potential conflicts of interest
among H.O.M.E. directors.
Those are essentially the three things that CliftonLarsonAllen
identified.
CliftonLarsonAllen calculated that there was a $75,675 in
program income that had not been accounted for from H.O.M.E.
activities.
Now, you will note in the response from Mr. Barlow to you his
comment was well, we didn't spend money from the CDBG program
on two of the homes. Well, let's talk about two of those homes.
One of them he received monies from SHIP, clearly identified as
going to that. We have no way of determining, because of the
commingling of funds in this process, what other monies were spent
there. If we had those records that would enable us to look at that, we
might be able to determine whether his argument has any merit, but
we don't have the records to support that.
But more fundamental than any of that other, he has commingled
those funds and therefore they all become a part of that program.
One of those homes that I was telling you about that he spent
SHIP money on, after he got state money from the SHIP program to
do rehabilitation work on it and did all of the other rehabilitation work
that we can't tell where the money came from to do it, he then decided
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he wanted to sell that home to someone who did not qualify. He
actually sold it to a trust. So he took the position that we would
cherrypick, I guess, and we'll just give back to H.O.M.E. the money
that we used -- give back to SHIP the money that we used to
rehabilitate it and we'll act like it wasn't part of the program.
Now, ladies and gentlemen, you cannot do that. Okay?
The other house was a very similar incident. We can't tell where
the money was coming from that was spent. It was all put in this
H.O.M.E. pool for these 13 homes. But he's now saying, oh, we didn't
spend any CDBG money for that so I shouldn't have to be accountable
for the income that that generated.
Unfortunately or fortunately, depending on whether you're a
taxpayer or not, I guess, I would suggest to you that when you start
commingling the money that way, it doesn't make any difference,
okay.
Now, CliftonLarsonAllen also determined that what transpired in
this process was that H.O.M.E. use $427,473. Not for purchase, not
for rehabilitation and not for sale. But these houses that he was
building out there he said oh, I'm going to give the buyer this
additional money to the tune of almost a half a million dollars to buy
the house. Now, that's what's called mortgage assistance.
By the way, I've got the auditor from CliftonLarsonAllen who is
sitting here that if you have any questions as we go through here, he'll
be available for you.
But as we go through that process -- now, as we went through the
process, I did not tell CliftonLarsonAllen it was not part of their
contract to go look at and make the determination whether or not
program -- mortgage assistance program was part of the agreement.
But we're going to look at it in the next slide.
In the agreement, your agreement says: Accounting and
disbursement of such income shall comply with OMB Circular A-110,
Uniform Administrative Requirement for federal grants, and other
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applicable regulations incorporated herein by reference.
In addition, program income shall be utilized to undertake
activities specified in Exhibit A of this agreement.
Now, Exhibit A is part of an agreement that this Board, the
decision-makers in the county, approved. Okay?
Let's go to OMB Circular A-110. Except as provided in H
below, program income during the project period shall be retained by
the recipient, that's you, in accordance with the federal awarding
agency regulations or the terms and conditions, the award shall be
used in one or more of the ways listed in the following.
Added to funds committed to the project by the federal awarding
agency and recipient and used to further -- very important language --
eligible project or program objectives. You defined the project to a
program objectives.
But now you have a county employee -- you remember,
Commissioner Henning, we had a program -- we had an agenda item
here not long ago in which we were talking about whether county staff
had any discretionary authority and you asked the question, well,
you're not doing things contrary to what we do, are we? And you were
told no.
Well, let me suggest to you, ladies and gentlemen, here is a
perfect example of how supposedly that did happen. But they can't do
that, ladies and gentlemen.
Then if you go to what is the objectives of the agreement
authorized by the Board of County Commissioners, the purpose of this
funding is acquisition of available foreclosed properties within Collier
County, rehabbing them and selling them to low and very low income
qualified families. Specifically funding is the acquisition, rehab and
resale of up to 12 homes in suitable locations countrywide (sic).
But part of the program authorizes up to a 10 percent deviance.
That's how we get into 13 --
CHAIRMAN HENNING: Mr. Brock, let me interrupt you
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quick.
We have several people here to speak on a particular item on the
agenda. Could you tell us approximately how long you think this
presentation might --
MR. BROCK: I have no idea. It's going -- probably about an
hour.
CHAIRMAN HENNING: An hour longer?
MR. BROCK: Uh-huh.
CHAIRMAN HENNING: If you find time to take a break --
MR. BROCK: I think this would be a perfect time to take a
break.
CHAIRMAN HENNING: Okay. Yeah, if we can continue this
item until after the item with Mamie Street, I think that's what the
majority of the people are here for.
Do we have speakers on Mr. Brock's item?
MR. MILLER: We have one registered speaker on Mr. Brock's
item, yes.
CHAIRMAN HENNING: Okay. All right. So we'll -- does that
speaker want to wait 'til the --
UNIDENTIFIED MEMBER OF THE AUDIENCE: Yes.
CHAIRMAN HENNING: You want to wait? Okay. Great,
thank you.
County Manager, let's go to the vacation of Mamie Street.
Item #9A
RESOLUTION OF DENIAL 2014-17: A RESOLUTION TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF MAMIE STREET
SOUTH OF CHOKOLOSKEE DRIVE, BEING A PART OF
SECTION 36, TOWNSHIP 53 SOUTH, RANGE 29 EAST,
CHOKOLOSKEE, COLLIER COUNTY, FLORIDA — MOTION TO
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January 14, 2014
CONTINUE THE ITEM — FAILED; MOTION TO DENY THE
VACATION — ADOPTED (RESOLUTION OF DENIAL 2014-17);
WARRANTY DEED ADMITTED INTO EVIDENCE —
APPROVED
MR. OCHS: Yes, sir, that is Item 9.A on your agenda,
Commissioners.
This item is continued from the December 10, 2013 BCC
meeting. It requires ex parte disclosure be provided by commission
members. All participants are required to be sworn in.
It is a recommendation to adopt a resolution to disclaim,
renounce and vacate the county and the public interest and a portion of
Mamie Street south of the Chokoloskee Drive, being a part of Section
36, Township 53 South, Range 29 East, Chokoloskee, Collier County,
Florida.
MR. KLATZKOW: Commissioner, Jeff Klatzkow for the
record.
Mr. Grant, who represents the Smallwood Store, will be doing
the primary presentation here. But I thought a quick overview would
be --
CHAIRMAN HENNING: Do you want to do ex parte
communication on this item?
MR. KLATZKOW: Yes.
CHAIRMAN HENNING: Commissioner Nance, do you have
any ex parte communication?
COMMISSIONER NANCE: Yes, sir. I have had meetings with
staff, meetings with constituents throughout the county. I've had
meetings with various and sundry other stakeholders, and numerous
emails, letters and calls, which I have in the file here.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I've had calls, emails, and
correspondence.
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January 14, 2014
CHAIRMAN HENNING: And I've had correspondence. I did
talk to staff on this item.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I've had a lot of emails, a lot of
calls, I've been reading the newsletters down from Everglades City
that also fill me in a little bit. I've been talking with people that I've
called as well.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I very met with the developer's
representatives. I have met with residents in the area. I very received
correspondence, emails, telephone calls from people who are mostly
opposed to the project. And I have personally inspected the site on
numerous occasions.
CHAIRMAN HENNING: Okay. Now, anybody wishing to
participate in this, like to say a few words on how the Board should go
on this item, you need to stand up, raise your right hand so the court
reporter may swear you in.
(Speakers were duly sworn.)
CHAIRMAN HENNING: Thank you.
Mr. Klatzkow?
MR. KLATZKOW: Thank you, Mr. Chair.
I'm a little old-fashioned, so rather than the monitor, I'll be using
this one.
I just want to introduce the primary players in this play we have
today.
This is the very end of Chokoloskee Island, which is really at the
very end of Collier County. It's as remote an area as we really have
here.
The portion of the road that we're concerned with on Mamie
Street is this portion here. You can see how it bisects this property
over here, which is owned by Florida/Georgia Grove, making
development into this property very difficult.
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When we first started this, my understanding was that this portion
of Mamie Street which extends north clearly only services two
parcels. The Vaughns live here, and their driveway comes out and
accesses Mamie Street that way. And then the Smallwood Store, and
they access Mamie Street that way.
Much later in the process we learned that this development here
has claimed that they also use Mamie Street at least as a partial access.
They are not -- they do not join Mamie Street. There's about a
five-foot piece of property between Mamie Street and their
development, but they have said that they've historic use of it.
As an aside, to the best of my understanding Mamie Street has
been a public right-of-way for at least 70 years. It is one of the oldest
roads in Collier County. And at one point in time the Smallwood
Store was a U.S. Post Office and people went back and forth for their
business.
A couple years ago what happened was the developer blocked
access, tore up the road. The Smallwood folks came to the county,
asked for the county's help. I was directed to work with them. We
went to the court and I'll allow Mr. Grant to continue the conversation
from here.
CHAIRMAN HENNING: Now, Mr. Grant, tell us who you
represent.
MR. GRANT: I represent Ted Smallwood Store.
CHAIRMAN HENNING: Okay.
MR. GRANT: Which is the owner of the Smallwood Store.
CHAIRMAN HENNING: Is there any other Smallwood family
that has interest in this vacation that you know of?
MR. GRANT: I don't know, sir. Ted's Smallwood Store is a not
for profit 501c3 qualified entity.
CHAIRMAN HENNING: Okay, thank you.
MR. GRANT: It does not have ownership as such.
Thank you, Commissioners. I'm going to try to be briefer than I
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was initially going to be because I think some things have developed
in the past 48 hours that might assist the Board here.
But to give you the quick summary, first of all, let me introduce
Mrs. Lynn McMillin sitting in the front row who is Ted Smallwood's
granddaughter, and the long-time executive director of the Smallwood
Store and frankly the reason it continues to exist and has existed as a
museum and as an historic facility in this community.
If it's not the oldest building in Collier County, it's got to be darn
close. And still standing and not going to fall down any time soon.
And a pretty neat place to go.
I want to thank the Board first of all for its help two and a half
years ago in agreeing to join in the litigation with the Smallwood
Store against Florida/Georgia Grove. We've been able to obtain a
temporary injunction quite some time ago that was appealed. The
court of appeals upheld it. The store had to post a bond. That bond is
still posted.
Ever since then I've worked with counsel for the Florida/Georgia
Grove to try to find a way to resolve this so that we could avoid
having trial, which is typically why you try to find a way to settle
lawsuits.
And we fashioned a settlement which was reduced to writing
back in July of this year, which the Board is party to, because the
Board is party to the litigation. And the essence of that settlement is
that the Smallwood Store would receive a written recorded easement
over Mamie Street as it now exists in perfectly acceptable form, but
the public claim of an easement would be abandoned or vacated. And
it was conditional upon this Board, as you're being asked to do today,
deciding whether or not to vacate that claim of a public right-of-way.
If you were to decide to vacate that claim of a public
right-of-way, the settlement would be consummated and it's done. If
you were to decide not to, there's no settlement, it falls apart, we're
back to square one, either see if we can find some other solution or
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have a trial. So that's the dynamics of where we are.
There's an aspect of the settlement agreement until the proposed
easement that I think is important here, which I'm sure is why a great
many of the residents of Chokoloskee Island are here, which is that it
provides that Florida/Georgia Grove, the owner of the property, would
have the right within certain defined parameters and conditions to
relocate the road elsewhere on its property.
As Mr. Klatzkow noted, you can see that a long section of the
road kind of goes through the middle of the Florida/Georgia property.
And I'm sure that Florida/Georgia would probably like to get that out
of the middle of their property, and so that's the -- that's the ultimate
sense of the settlement is the Smallwood Store gets an easement,
which we've convinced the court at least at the time of a temporary
injunction, it should be able to show it would get into trial, but it's
never had in writing before. And in return it would agree that the road
could be repositioned.
You're not being asked today to decide whether or not to
reposition the road, you're merely being asked to decide whether or
not to vacate any claim of the public easement. And that's the
essence, really the essence of what this is all about.
I know there's undoubtedly speculation about what
Florida/Georgia Grove may do with that property. I have no idea
what it may do with the property. Its attorney is here, he's going to
address you. I'm not sure you know either, but he'll tell you what he
knows.
And I think essentially that's what this is about. And I think -- I
know you've got many letters and many comments from the public
that does not want to have you vacate the public right-of-way, and you
should certainly listen to that. I think consistent with the spirit of the
settlement agreement, the Smallwood Store would like to have you do
that, but we understand that you might feel that you can't. And that's
your prerogative.
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You should understand that if you choose not to vacate it, there's
no settlement, we may have a trial. The fact that we've all been
successful, the county and the Smallwood Store to date, in court
received a temporary injunction is probably a good sign, a good
indication that if we have a trial we'll probably win. But I learned a
long time ago as a lawyer, I don't guarantee outcome in litigation.
I feel pretty good about it, I suspect Mr. Klatzkow does too, but
it's something our client would prefer to avoid.
So that's the essence of why people settle litigation.
I think what I would like to suggest at this point is that you allow
Florida/Georgia's attorney to speak, because it has come up with
something in the past 48 hours that is a little different from what the
settlement agreement lays out that I think can address some of the
concern the public has. Perhaps not all. And I think it's important that
you hear it. And I think at least it will help shape the proposition here
for discussion.
I think if you find merit in what Mr. Chase, Florida/Georgia's
attorney, outlines, it may be best that you consider continuing this and
allow the parties to work with the county staff to work out some
details. But -- so my suggestion would be if that's acceptable, Mr.
Chairman, to let Mr. Chase talk at this point.
CHAIRMAN HENNING: Yes, please.
MR. GRANT: Steven Chase.
MR. CHASE: Good afternoon. I have been sworn.
Mr. Chairman, members of the Commission, I appreciate the
opportunity to say a brief-- some brief words before you today.
As Mr. Grant indicated, this matter has been ongoing for close to
three years, and we have been in litigation probably for the last two
and a half years. But I want to give you some historical perspective
and context as to how we arrived at this point in time.
There is an issue that is being contested, remains contested as to
the character of Mamie Street as located on my client's property. Prior
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to my client's purchase, or somewhat contemporaneous with my
client's purchase, it inquired of county legal staff as to whether in fact
the Mamie Street portion of my client's property was a public road.
It came back in an email from Mr. Williams, who was then a
county assistant attorney, that Mamie Street via the Florida/Georgia
property was not a public road, was never a public road and was never
maintained by Collier County.
Despite that representation and despite the lack of evidence that
there was any public dedication or that there was any public
maintenance with regard to that portion of Mamie Street, the county
joined in a lawsuit filed by the Smallwood Store. There was a request
for a temporary injunction. I would like to emphasize the word
temporary, it's not a permanent injunction. It was affirmed on appeal
with some minor variation in terms of whether a bond needed to be
posted or not, but we've addressed those issues.
As Mr. Grant indicated, there are certainly no guarantees in terms
of litigation. And he and I focused on achieving a resolution that
arguably addressed everyone's concerns, that being Smallwood's
concern, that being my client's concern, and that also being the
county's concern. And what we came up with was, as Mr. Grant
indicated, an opportunity for my client to relocate the Mamie Street
roadway, should it choose to do so in the future, in lieu of the county
insisting that it would be maintained as a public road.
Our thinking or thought process at the time was it addressed the
issue in terms of the county because the county historically took the
position it was not a public road and it did not want to incur the
maintenance costs associated with it.
So in my simplistic thinking, let's go ahead and vacate Mamie
Street and have a formal acknowledgment that it's not a public road.
That will alleviate any concern in the context of continued obligations
on the part of the county relative to maintenance.
Now we had to address the issue of access to Smallwood Store.
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That in my mind was the primary objective in terms of filing the
lawsuit. The lawsuit had alternative theories to justify access to the
Smallwood Store. That being, one, a dedicated road, two, an
easement by statute or an easement by prescription. But the essence
of those theories were to have some form of access to allow the public
to get to Smallwood Store for ingress and egress purposes.
We've accomplished that in the context of the settlement which is
before you. It provides a permanent express easement in favor of the
Smallwood Store and members of the general public.
Now, what that means is that it is not a public road, but the public
has access over the easement for purposes of getting to and from the
Smallwood Store.
So the collective wisdom was that what did the settlement
accomplish? One, it basically ended the litigation, the costs and the
risks and the uncertainties of litigation. Two, it alleviated the concern
on the part of county that they had continued maintenance obligations
with regard to Mamie Street, as it runs across my client's property.
And three, it provided the Smallwood Store the necessary permanent
ingress and egress by members of the public.
We have since learned that there is some public opposition to the
settlement. I find difficulty in understanding that. And that may be a
very self-serving remark, but once again it was our thought that all
legitimate concerns were being addressed in the context of the
settlement. Now we're faced with the situation where you are being
asked to vote up or down with regard to the street vacation.
I want to bring global resolution to this matter. My client wants
to bring global resolution to this matter. We would like to avoid the
necessity of continued litigation, Mr. Grant would like to avoid the
necessity of continued litigation, and I could only assume the county
shares with regard to our position as to that.
So within the last 48 hours, plus or minus, we came up with a
concept, and it is a preliminary concept that some of you may have
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had an opportunity to review and consider.
But basically, in a very sketchy way, it provides for the
dedication of right-of-ways for my client. I don't know whether you
have a blow-up projector that I could use or I could hand this out.
Okay, the yellow -- I'll walk through this quickly.
The yellow area is that portion of Mamie Street that dissects my
client's property.
On the left side is the easement of which -- or actually what we
call the easement in the context of the Parkway Marina -- Parkway
Marina situation where they came in and -- forgive me for contacting
it as I'm about to -- but they came in at the 11th hour, they're not a
party to the lawsuit and they contend that they have some rights,
which we respectfully disagree with.
But the global resolution that we would like to at least consider in
concept is for my client to deed the property to Collier County for
right-of-way to address the Parkway Marina Village issue.
The right-hand portion is the proposed easement, under the
existing agreement with the Smallwood Store, that we would also
convey to the county.
So in essence what we are doing in terms of a concept is in lieu
of having private easements with public access there would be a
dedication of right-of-ways to the county for the county to deal in
terms of providing access easements to the general public to the
Smallwood Store and to the Parkway association -- Marina Village
Association with regard to their access.
Now, we're faced with an option, and I have to defer to the
wisdom of the Commission. We are prepared to proceed with an up
and down vote as to the existing settlement agreement or we can have
further dialogue with regard to the conceptual proposal which I have
addressed in very brief terms.
Unfortunately when things occur at the 11th hour there's not
enough time to fine tune and address all points. We would have to go
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back with staff, make sure that we address whatever issue staff sees as
a result of this concept. We would have to go back to the attorneys
who prepare these documents and make sure that they meet whatever
requirements need to be met.
So I defer to the collective wisdom of this group in terms of how
it wishes to proceed. Option one, we could have a vote yea or nay in
terms of the settlement agreement, which may have ramifications that
none of us want to deal with.
Option two is that we could adjourn this meeting, allow staff and
counsel to confer and fine tune concept two or the plan B, so to speak,
and reconvene at a later date with some formal proposal that arguably
addresses the concerns on the part of county, the concerns on the part
of Smallwood Store and the concerns on the part of general public.
I don't know whether you have any specific questions of me,
which I will attempt to answer, but otherwise I would defer back to
counsel.
CHAIRMAN HENNING: Well, the concept raises several
questions for me, but I want to go to my colleagues.
Commissioner Fiala, then Commissioner Hiller.
COMMISSIONER FIALA: Thank you. As you know, I try
never to be rude and I'm going to try and do that same thing here.
First of all, I wanted to ask you, if they're conveying all of these
road right-of-ways to the county, that means we have to install the
roads, we have to install the sewers, et cetera, et cetera; is that correct?
MR. CHASE: My understanding of what the concept is as we sit
here today is that my client will actually construct the two subject
right-of-ways that are depicted in the red portion.
COMMISSIONER FIALA: Road there, you mean?
MR. CHASE: Yes.
Candidly, there would be ongoing obligations that the county
would have to address with the parties who have the benefit of that
road. That's something else that we would need to address when we
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fine tune this general concept.
But the yellow portion would in fact be vacated.
COMMISSIONER FIALA: And right now I understand that the
fire hydrant would now not be accessible to the people in Chokoloskee
anymore; is that true?
MR. CHASE: I cannot address that. That would be an issue that
we would have to reach an accommodation and understanding with
staff.
I apologize, as to the engineering aspects of that, I honestly do
not know. I assume staff would be aware of that issue and somehow
we would have to deal with it.
COMMISSIONER FIALA: Okay, let me say this: I've only
lived here 40 years. But when I came, first thing I did was go down --
there wasn't much of anything here 40 years ago, and so I always -- I
went down to Smallwood Store. And there I walked into a lady doing
her ironing and she had a bed propped up in there and everything. It
was really down home, there wasn't much of anything else here. And
I rode down that road. And I was the public. And I actually rode
down it. Whether it be public road or private road, it was the road that
we had to take.
So in my lifetime here in Collier County, that's all I know is a
public road leading to Smallwood Store.
The second thing is when you came in and blocked them off,
there was no notice, no nothing. And then how long did it take -- this
poor woman, she could have lost her business because nobody could
even get there, but you didn't take that into consideration either. And
I'm sorry if I'm being rude, I don't mean to be, but I can't help it.
(Applause.)
COMMISSIONER FIALA: And then as long as -- now, you've
let that property just sit there and it's trashy looking right now and
nobody's bothered to clean it up or take care of it.
(Applause.)
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January 14, 2014
CHAIRMAN HENNING: Please contain your feelings, it
doesn't do us any good in --
COMMISSIONER FIALA: And while this is all taking place,
you've gone in, and I don't believe that you've kept your word about
anything. How can the Smallwood people know that now you're
going to come in and change your whole philosophy and now you're
going to keep it nice and now you're going to follow through with
what you've said you're going to do? I have some problems with that.
But lastly, there might be a way. I see what you've given. But,
you know, this is a historic road, you can't replace it. We have very
few historic things left in this county that we can salvage, that we can
protect. What about taking this road and maybe using it to the benefit
of you and the Smallwood people and Chokoloskee by making this
little road the historical road right through your property, maybe put
some plants along the side or something. You can even put a layer of
pavement on it. But you keep it there and you could have houses
along the side. Because now they're living on a historic route or
something like that. But I think there's a way you could work together
instead of just strong arming it.
CHAIRMAN HENNING: The road is not historic. It is the
Smallwood Store that is historic and it's been recognized, not the road.
COMMISSIONER FIALA: Well, historically I've been riding on
it.
CHAIRMAN HENNING: And I hear you.
Anything else?
COMMISSIONER FIALA: No, that's it for now. I've got more
notes but I'll wait.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Mr. Grants, would you come to the podium.
MR. GRANT: Yes, ma'am.
COMMISSIONER HILLER: What would you like to do? I
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mean, you represent Smallwood. Would you like to continue this and
entertain further discussions? Because if that is what you would like
to do, we shouldn't spend any more time here and now. And since you
do represent Smallwood, if that is your wish, then I'll make a motion
to continue this to give you the opportunity to continue to work out the
best possible alternative for the community.
MR. GRANT: Let me ask the question this way, Commissioner.
If I had my wish list, it would be that the road would remain where it
is and access would be restored and we'd never have to talk about it
again. But that's not the real world. I think to get to that point, we
will have to have a trial, okay.
I think the settlement agreement works for the Smallwood Store.
It's not its first choice, but people that settle things generally don't get
everything they want. Florida/Georgia's first choice would be to
completely convince a court that there is no easement and do whatever
they want to do. So that's why you settle things.
But having made that soliloquy, to answer your question, I think
that continuing this and allowing Florida/Georgia and its
representatives and the county staff and the Smallwood Store and
Parkway to get together, talk about this, to see if something can be
fashioned that everybody can be comfortable with, and come back to
the Board with it probably does make some sense.
I have to say that if it came back to the Board with all the details
worked out as that sketch shows and there were then a public outcry
you shouldn't vacate it, it might be worthwhile to have you hear some
of the speakers today from the public. I still think a continuance is
probably the most sensible thing to do here.
CHAIRMAN HENNING: Before you make a motion, can we
hear from Commissioner Nance, the commissioner of the district?
COMMISSIONER NANCE: Yes. You know, the most
important thing to this Commission has always been to make sure that
the Smallwood Store has a perpetual easement, that people can always
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get to the historic easement. And what has occurred here, due to no
fault of the county, is that many different interests have gotten
involved here and they're all claiming that they have different needs.
And, you know, I think it's worth an opportunity to take a look at
this proposal and see if-- you know, you have the concerns of the
Vaughns, you have the concerns of Parkway, you can have the
concerns of Florida/Georgia Grove, who would not like to have, in
ideal condition, a road bisecting them. And then of course we have
the guarantee from the county as we proved standing up for
Smallwood Store that we must have that perpetual easement for them
in a way that the public can get to and from and enjoy the area that the
Smallwoods have allowed them to enjoy forever.
So I actually would like to second Commissioner Hiller's motion
to allow this discussion to continue, but I would certainly like to hear
what the public has to say about it. I would like to see if we can't
work it out to everybody's benefit so that we don't have to incur more
money at trial with an uncertain outcome.
CHAIRMAN HENNING: So there's a motion on the floor by
Commissioner Hiller --
COMMISSIONER HILLER: To continue, and a second by
Commissioner Nance.
CHAIRMAN HENNING: -- and a second by Commissioner
Nance to continue to bring back the concept of vacation -- or
providing an easement to the property owners.
COMMISSIONER FIALA: Let me just ask one question before
we vote.
CHAIRMAN HENNING: Are you done?
COMMISSIONER HILLER: I want to say one thing after
Commissioner Fiala.
COMMISSIONER FIALA: It's my understanding that whenever
we've asked to vacate a road we've always checked with the
neighbors. And if they oppose it, we don't vacate it. Will this be an
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exception to the rule?
UNIDENTIFIED MEMBER OF THE AUDIENCE: Let's hope
not.
CHAIRMAN HENNING: I'm not sure if we --
COMMISSIONER FIALA: I checked with the attorneys.
CHAIRMAN HENNING: Okay. That's the first time that -- we
vacate many easements, and I don't recall any. So I know that Nick
Casalanguida takes care of that.
MR. KLATZKOW: Well, this is an outlier, okay. I've been
doing this a very long time. We've been vacating roads a very long
time.
My initial understanding was that the only two properties served
by Mamie Street at that point in time, is Mr. Vaughn's property and
the Smallwood Store.
Mr. Vaughn's gotten a private easement, he had a separate
lawsuit, so his concern has been taken care of. That left the
Smallwood.
When we brought this to the public hearing, all of a sudden the
Parkway folks came and said wait a second, we access that too. I had
not thought they had the access because they do not adjoin the road,
all right? In essence they're claiming that they've got a prescriptive
easement to go over Florida Grove's property to access this road.
CHAIRMAN HENNING: That wasn't the question. The
question or comment was don't we notify the neighboring property --
MR. KLATZKOW: We notified everybody.
CHAIRMAN HENNING: And normally on any easement you --
MR. KLATZKOW: Yes, sir.
CHAIRMAN HENNING: -- we notify everybody.
MR. KLATZKOW: We notify everybody.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: And if anybody objects?
MR. KLATZKOW: You can see the result of notification.
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MR. GRANT: Commissioner, could I comment?
It seems to me that if you continue it, you're not voting today, it
will come back to you hopefully with some details worked out that all
the parties can live with, and you'll then have to decide whether to still
vacate it in view of the fact that the parties may all agree. And I
would suggest to you that what you might decide is to morph it
somehow and agree that if the roads were being relocated as those
sketches show, that the public easement would move to the two red
areas and get off the yellow area. But that's for you to decide at some
later date when it's continued and comes back.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER FIALA: He didn't answer my question.
CHAIRMAN HENNING: Oh, I'm sorry.
COMMISSIONER FIALA: You want to answer my question?
Have we ever approved a vacation when the neighbors object?
MR. KLATZKOW: We have never approved a vacation when
somebody who adjoins the road objects. For somebody who does not
adjoin the road, it's different.
CHAIRMAN HENNING: Yeah, and nobody objects to this
except for the neighbors to the south that doesn't adjoin the road. And
we're going to hear from them in just a minute.
MR. KLATZKOW: Yes, sir.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Mr. Grant, I've got a motion,
which has now been seconded, to continue this matter to allow you to
work with all the parties, the county included, to come up with a
settlement that is acceptable and in everyone's best interest. You
indicated something about public speakers. We have a lot of public
speakers.
You thought it might benefit as to hear some of them today, or in
the alternative if I could make a suggestion, if you could present what
you know to be their position on some of this to summarize it so we
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have that as background, whatever your --
CHAIRMAN HENNING: I'm not going to deny anybody if they
want to speak, but this item is going to be coming back. I think there's
a misunderstanding about protecting the Smallwood property, its
historical value and so on and so forth.
The whole settlement that's on our agenda is to provide public
access to that, an easement, okay. This is something else. So if
anybody wishes to speak, please do so. But this is a total different
item than what the understanding of the correspondence that I
received anyways.
Furthermore, I think if we can stay -- if you can just address the
proposed settlement, the roadways in the red, whether you're for it,
against it or if you want to waive your time and let somebody else
speak, that's fine. Okay?
I just -- I have questions about the proposal. You're going to
dedicate these to the county and proved up to county standards?
MR. CHASE: My understanding, that -- my understanding is
that is what we intend to do, assuming the other issues are addressed.
But we're not going to have ongoing maintenance obligations because
we won't own it any longer.
CHAIRMAN HENNING: Right. It will get it dedicated to the
county. My only question is to county standards. So you said yes.
MR. CHASE: If that's a requirement that the county will be
insisting upon, then my client will have to decide yes, whether that is
in fact the requirement, that we could agree to.
But I could share with you this: Under the existing settlement
agreement that was contemplated that was originally set for your
review, there was an agreement as to the quality and character and
type of road that we were going to install, which would be the private
easement. In my understanding, and I hope I'm not misleading
anyone, that was up to the county standards. Because county blessed
it in the context of approving the settlement agreement subject to the
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street vacation.
So there needs to be an agreement between the county,
Smallwood, Parkway -- excuse, mr, Park, as to what the standards are
going to be, and that's going to be one of many items that we need to
address in the context of these further discussions.
CHAIRMAN HENNING: Okay. Well, good, it will be
addressed.
The second concern I have, dependent on how your client is
going to develop this property, it could impact the development. So I
think there has to be communication with our staff of what type of
development and is it going to require a Site Development Plan, so
that our staff can communicate to your client what the expectations
per our rules, land rules, of that developed site.
MR. CHASE: We agree. The goal -- and we may have differing
objectives here, but we have a common objective. And the common
objective is to bring finality to this. So your point was well taken and
it will be addressed in the context of future dialogue with the county
staff.
CHAIRMAN HENNING: Well, good, I'm happy. Because once
we settle this, I don't want to come back, frankly.
MR. CHASE: Amen.
CHAIRMAN HENNING: Now we have public speakers. How
many public speakers do we have?
MR. MILLER: We have 21 .
CHAIRMAN HENNING: Okay. Now, your name will be called
and you can stand up and, you know, say I'm in favor of the red lines.
Or if you want to speak about the red lines or the Mamie Street
vacation, you can do so. However, to speed the process along, you
could just stand up and waive.
So go ahead and start calling the names.
MR. MILLER: I will call two names. I would like to use both
podiums, if you don't mind, please, ladies and gentlemen.
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Your first speaker will be John Dwyer. He will believe followed
by Clyde Butcher. If we could have Mr. Dwyer at this podium, Mr.
Butcher at the far podium.
CHAIRMAN HENNING: Both gentleman want to speak and
not in favor of what's being proposed.
MR. DWYER: I'm not sure of your question. Well, I want to
speak in favor of not vacating.
CHAIRMAN HENNING: Okay. Well, go ahead.
MR. DWYER: I'll keep my speech very brief, because I'd like
the other people who actually live there to speak.
But the thing I'm concerned with is that vacating this portion of
Miami (sic) Street is -- Mamie Street is that it privileges the position
of Florida/Georgia Grove Development Corporation.
What you're giving them is a vast area to develop any way they
want to. And that is not the position of the taxpaying citizens of
Collier County. You brought it up, Mr. Henning.
And what is the plan for this property? I don't think that Collier
County should give this corporation what it wants.
CHAIRMAN HENNING: Okay, they can't develop any way
they want to. They have to provide (sic) by our land use laws.
MR. MILLER: Your next speaker is Clyde Butcher. He'll be
followed by Mary Morris.
MR. BUTCHER: Well, one thing I don't understand is why
we're even here today. This should have been dissolved before they
bought the property. I don't understand -- so I wouldn't trust these
guys. I'd keep an eye on them. Environmentally they probably -- I
understand today there's an EPA problem with the property. And I
just don't trust them. I mean, people that would block off a road
without asking anybody, they're just -- just not good people.
MR. MILLER: Your next speaker is Mary Morris. She'll be
followed by Jack Shealy.
MS. MORRIS: My name is Mary Morris from Everglades City.
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I'm speaking on behalf of Trisha Huff, who is out of town at the time.
Quote: At the October 10th, 2013 meeting with the residents of
Chokoloskee, the County Attorney stated that the county would take
into consideration those who had direct interest in Mamie Street,
meaning Parkway Village residents, since they live along Mamie
Street, and the county staff would not recommend vacating the road if
there was opposition to the proposed resolution by these residents.
Included in the supporting materials on the agenda for this
meeting, there are an overwhelming number of letters and signed
documents from those direct interested parties opposing the vacation
of Mamie Street. I will not read from the resolution.
How can the vacation of Mamie Street be in the public interest
and for the public benefit as is stated in the resolution, when the only
entity benefiting from the resolution is Florida/Georgia Grove, LLP?
During the court proceedings which I attended on October 11th,
2011, FGG requested that the road be moved. The judge denied them
their request based on several facts presented. So now after losing in
court not once but twice after an appeal, FGG is asking the
Commissioners to negate the court order. If FGG obtains control of
Mamie Street, they have told many people, including the Collier
County Code Enforcement officer, that they plan to move the road.
Many residents of this area have expressed concerns that the
County Commissioners have already made up their minds and are not
going to take their comments in opposition into consideration when
making their decision today, or that they will ask for an adjournment
during the hearing before making a decision, requesting that the
attorneys come up with a solution.
Being ignored is the public. The attorneys have had four months
to negotiate settlements with FGG. Why can't the Commissioners
make a decision on their own after listening to the public? Why hold
the public in suspense on how the Commissioners will vote and wait
to hear what the attorneys come up with? It would be doing the public
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a disservice to have them wait.
The Commissioners were elected by the people to listen, work
and speak for them. At least that's what Commissioner Nance
promised us when he advertised in the Mullet Rapper. Now we would
like for you, the County Commissioners, to vote for us as we voted for
you by doing the -- by opposing the resolution to vacate Mamie Street.
Please do the right thing, not only for the residents of Chokoloskee
and Collier County, but also for the public, the visitors. Signed
Patricia Huff.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker is Jack Shealy. He'll be
followed by Helen Bryan.
MR. SHEALY: Hello. Is this working here?
CHAIRMAN HENNING: You can speak in the other one, sir.
MR. SHEALY: Okay, that's fine.
I just wanted to bring some things to your attention. My name's
Jack Shealy. I'm a fourth generation native from Everglades City.
There's a few bags of worms that aren't being opened up. If you
look at the red lines on this new proposed roadway here, the houses
that would be affected by the proposed roadway, there's a few
driveways. I'm just going to point them out right here. These are
driveways. These are their main access --
MR. OCHS: Hold on, hold on.
MR. SHEALY: -- to these four houses here.
MR. OCHS: Use this microphone so the court reporter can pick
you up.
MR. SHEALY: Thank you much. Appreciate it. Thank you, sir.
These are driveways that offer direct access to these homes.
These people are all not in favor of vacating Mamie Street.
Another thing I want to bring to the table is heritage. That's a
word that hasn't been mentioned here. The Smallwood Store is a
registered Florida heritage site. As a fourth generation native, I think
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my heritage is important. I hope that it's more important than tax
dollars or impact fees.
The other proposed roadway that's going to be over here, these
are mangroves. We all know about the ecological significance of
mangroves.
Right now I just ask you guys to really consider what's going on
here. As a young person and somebody that's going to be left with the
outcome of this decision that you make, I'd hope that you really think
about this is more than just vacating a street.
Mamie Street is -- you mentioned it was not a historic road. I
also heard that it was the oldest -- one of the oldest roads in Collier
County when I came in here. So for whatever it's worth, I don't really
want to see one of the oldest roads in Collier County moved for
development. Development can happen anywhere else in the county,
but these empty places, I believe from a perspective, ecotourism and
heritage tourism are worth much more as an asset for the county the
way they are, so -- and that's all I have.
MR. MILLER: Your next speaker is Helen Bryan. She'll be
followed by Jane Rackley.
CHAIRMAN HENNING: Ms. Rackley?
MS. BRYAN: I'm Helen Bryan. And first I would like to
present the petitions with 571 signatures opposing vacating Mamie
Street.
I'm speaking for my husband today, James Bryan. We've been
married 62 years. He has suffered seven years ago from a stroke and
heart attack. He has aphasia. I wish to read his letter.
Dear Honorable Commissioners: 70 years ago as a son of a
Chokoloskee Island minister and family of four I experienced a great
love for the Island and closeness of all the families. At that time our
daily mail and the food supply as needed was down Mamie Street to
Ted Smallwood's Store. That was back in 1944. I was just 12 years
old at this time, attending a two-room schoolhouse. My mother was
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an assistant teacher at the Chokoloskee Island School which went up
only to the eighth grade. Furthering my education I stayed weekly
with a church family in Everglades City. For some children this was
the end of their education. No, this was before the school boat
operated.
After my dad served four years at the Church of God as minister,
he was reelected for another four years in 1966. His ministry ended in
his death on the Island from a heart attack. I married in 1951, raised a
family and three children with Helen, living in -- myself-- living in
Fort Lauderdale throughout the years. Being so connected with
families and love for the Island, we purchased property on
Chokoloskee in 1974, spending almost every weekend with Island
family, relaxing and of course fishing.
I took retirement with a phone company building our home on
Chokoloskee in 1990. That was 24 years ago. Today it's still one of
our great enjoyments to ride down Mamie Street to visit our family,
nephew Herb, who lives on Mamie Street, then to the old museum,
Smallwood Store, to walk in and chat about the old times, reminiscing
about our early days with the Ted Smallwood.
That history means a lot to us. Mamie Street is just that for the
past 70 years that I personally have known and traveled down it.
Please, do not vacate Mamie Street. Keep it where it is. Thank you.
MR. MILLER: Your next speaker is Jane Rackley. She'll be
followed by Captain Herb Kehoe.
MS. RACKLEY: I have what I'm going to say written. Can I
hand it out to the Commissioners?
CHAIRMAN HENNING: You can give it to the gentleman to
your right, he'll hand it out.
MS. RACKLEY: But I'd still like to speak. And I timed myself,
so I hope I meet my three minutes. But if I don't, my husband's also
here and he won't speak, so I'm hoping he'll --
CHAIRMAN HENNING: Did he sign up to speak?
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MS. RACKLEY: No. So can he yield his three minutes? No?
Okay, well, I'll read fast then.
Every evening when we are in town my husband, H.C. Rackley
and I, Jane Rackley, North Copeland Avenue, Everglades City, drive
to Smallwood Store to watch the sunset or fishermen or the tourists
who have gathered there in the evening. We sometimes pass
numerous dog walkers out for the last time before retiring, barefoot
children running down Mamie Street or a golf cart hauling a family or
individual down to Smallwood Store to watch the sunset. We enjoy
watching the white pelicans fishing for late snack or roosting before
the night. Sometimes Ibis gather in the trees of the Island. For years
we've watched nesting owls circle Smallwood Store and call to one
another from the trees.
One year I had recommended Sure Adventures to a family
visiting from France that we were pleased to see Justin and Alli and
the family come into port besides Smallwood Store. The owls started
calling and the French family had to follow it.
We had met numerous young men fishing in the evenings, we
have watched young children running along the shore having Huck
Finn adventures in the summer. Mamie Street has always been a life
blood for the community and it continues to be a public street.
We love the Smallwood and Everglades City Island feel of
Chokoloskee Island where everyone knows one another on a first
name only basis. We wave to Captain Steve as we drive by his house
to observe the most beautiful poinciana tree in bloom at the corner in
front of Curt and Suri's house. We obvious Chuck riding his bicycle
from the airport on his nightly commute. We stop to watch the
horseshoe crabs gather to mate at the Chokoloskee Bridge on a warm
summer evening. We pause to catch the last rays of the setting sun at
the bridge as the fisherman gather on the levy to see if they've caught
anything interesting.
I'm still trying to grow an avocado tree from the seeds of old
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trees that grow on the Island. After owning our house in Everglades
City for 27 years, we figure we are finally being recognized as locals
when Gary McMillin gave us our first avocados last summer. The
small town looking out for one another feeling has kept us in
Everglades City. We love, gossip about and make the casserole for
the grieving family, Unasked and silent.
We have been following this mess for years, watching silently,
but we talk to one another once the judge has made his decision.
Financially we're trying to help one another pull through the storms.
But this feels like another whoever has the most money trial to wear
us down. We resent big money who tried to buy their way into our
hearts and then destroy our history.
This is what you will be allowing if you permit the
Florida/Georgia Grove, LLP to move Mamie Street. Because you
don't have the gumption to tell them once and for all that this has
always been and will remain a public street.
Last Friday night in Jenkins Fellowship Hall at the Everglades
Community Church, a standing room only crowd gathered to watch
Winds Across the Everglades filmed in the area in the 1950's, starring
some local characters -- does that mean my time is up?
CHAIRMAN HENNING: Yes, it is. And if you could just stay
on the topic of the roadway vacation, I think you can really wrap it up.
MS. RACKLEY: But I think it's important that you understand
how the people of the area feel about this store.
CHAIRMAN HENNING: We have that, so --
MS. RACKLEY: Do you have it?
CHAIRMAN HENNING: -- thank you.
MS. RACKLEY: I hope you read it.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next public speaker is Captain Herb Kehoe.
He'll be followed by Richard Grant.
CAPTAIN KEHOE: Good afternoon. As is said, my name is
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Captain Herb Kehoe. I'm the nephew of Helen Bryan.
I operate a fishing charter business in Chokoloskee and live on
that portion of Mamie Street that's in debate today. Okay, I'm one of
those five or six units right there on the road.
There was as remark made earlier that our properties are five or
six feet off of Mamie Street. That is not quite true. There's a couple
properties that are as close as a foot, maybe less, okay.
When we -- let me start all over again with this. The reason I'm
here is to speak for the residents of Parkway village, a condominium
association with 60 residents. My main concern today is the eight
residents of Parkway Village that front on that street.
CHAIRMAN HENNING: Excuse me, can I interrupt you? Is
that the property to the south?
CAPTAIN KEHOE: Yes. Those eight units there. They're
mobile homes.
UNIDENTIFIED MEMBER OF THE AUDIENCE: That's west.
COMMISSIONER COYLE: That's actually west -- northwest.
CHAIRMAN HENNING: Is it?
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: Oh, is it northwest?
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: Oh, thanks for the correction.
Okay, now I understand. I'm sorry for the interruption.
CAPTAIN KEHOE: That's okay.
All of these property owners have utilized Mamie Street since
they bought their properties. I've been there since 1989. All of those
manufactured homes on that street were installed from Mamie Street,
okay. And all the front doors, the porches, the driveways, everything
in those units, those homes, were designed for access from Mamie
Street.
When I bought the property, it looked to me like it was my road.
I assumed. That's a bad word. So here we are today.
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In my case, with my charter business, I pull my boats from my
house onto that road, take them to the boat ramp daily. Without that
road, I'm out of business.
COMMISSIONER COYLE: You do understand that what's
under consideration right now -- here I am, I'm up here -- is to keep
that road there beside your property.
CAPTAIN KEHOE: That's the 11th hour.
COMMISSIONER COYLE: Yeah. But that's what we'll be
considering in the future, not eliminating the road.
CAPTAIN KEHOE: That's if you decide today to defer your
vote.
CHAIRMAN HENNING: What's your opinion on the red lines?
CAPTAIN KEHOE: We tried to negotiate that easement with
Florida/Georgia Grove. We spent thousands of dollars just recently.
CHAIRMAN HENNING: Okay, well what is being proposed, to
have public roadways built on those red lines.
CAPTAIN KEHOE: That's proposed.
CHAIRMAN HENNING: Are you opposed to that or for it?
CAPTAIN KEHOE: I think that the residents of Parkway village
could possibly agree to that, yes.
CHAIRMAN HENNING: You as a resident, you can't speak for
everybody.
CAPTAIN KEHOE: I do have that right today, but yeah, we
would consider -- yes.
CHAIRMAN HENNING: Okay.
CAPTAIN KEHOE: And possibly be in favor of it.
Our main concern, of course historical value of the road, we've
all heard that. Our main concern is access, period, as we always have.
COMMISSIONER HILLER: So you support continuing this
today to allow for that discussion?
CAPTAIN KEHOE: If that's the agreed, the only thing to do.
But as I said, Parkway Villages' main concern is access to their
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properties as we always had. Okay?
CHAIRMAN HENNING: Thank you.
CAPTAIN KEHOE: Thank you.
MR. MILLER: Your next speaker is Richard Grant. He'll be
followed by Dr. Karen Dwyer.
MR. GRANT: Yeah, I'm going to defer, because I talked
already. But if you have questions at the end, I'll be glad to answer
them.
MR. MILLER: Your next speaker is Karen Dwyer. She'll be
followed by Lynn McMillin.
DR. DWYER: I really just came here to support and echo the
residents of Chokoloskee. And also Ms. Donna Fiala, I would like to
agree with you that I think that road is of so much importance it
should be restored to its original access that it shouldn't be taken away.
I think the Smallwood Store itself too is another historic building that
we should keep and maintain.
I would suggest further that maybe the county needs to just make
the entire area into a park and have that road be the historic access to
it.
It's really important to honor our past. And so that's just like what
I'd like to end with to let everyone else speak. But I think it's really
important that all of us value Chokoloskee and what it should mean to
us as a county. It's our history. We just can't erase the roads. We
need to listen to the people and make sure that everyone's happy. So
thank you for deferring to the next meeting.
MR. MILLER: Your next speaker is Lynn McMillin. She'll be
followed by Richard Magers.
MS. McMILLIN: Hello. I'm just going to read what I wrote.
Florida/Georgia Groves bought this property with the knowledge
of the oldest road in Chokoloskee going through it, as it has for 100
years. They knew it takes only seven years for public access to gain
the designation of a public road, but they chose to destroy public
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property on April 14th, 2011 when they ripped Mamie Street up. And
as a taxpayer here in Collier County I find that unacceptable, as I'm
sure a lot of other private citizens do.
And after all the requests and conversations we've had with
Florida/Georgia Grove, they still have not moved the fence with fence
posts in the pavement on Mamie Street, still making it impossible for
vehicles to pass properly as before.
We have made numerous requests to them to move the fence, to
no avail. Even when the courts ordered them to repave Mamie Street
by October 14th, 2011, it took several more costly motions and was
not paved until the following year in April, 2012 (sic). And after
opening the road they parked their trucks, their vehicles, blocking
access to the museum during business hours, being as difficult as
possible and causing more loss of revenue to the stores business.
A lot has transpired in the last week. A lot of public signatures
have been signed for opposing the vacation of this suit, claiming that
Mamie Street is a public road. As of Sunday, Florida/Georgia Grove
is now promising an easement to Parkway Condominium Association.
For their vote of silence so that they won't join the public in their
opposition to vacate the suit, they're giving them a right-of-way.
And here we are today with a proposed settlement where
Florida/Georgia Grove is still calling the shots, demanding the county
vacate the suit or they will not settle. And if this happens this means
we go to trial and this means more money and more legal fees. Which
again Florida/Georgia Grove is betting that is not what we want to do,
even though clearly the odds are more than in our favor to prevail.
So one would ask themselves why is everyone wanting to settle?
The store doesn't want to settle but it is being led down the path of
least resistance and guaranteed a private easement. The Smallwood
Store is in no position financially to say boo. Given the past behavior
of our neighbors, Florida/Georgia Groves, we at the Smallwood Store
do not feel settling with them is the answer, or will it be the
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conclusion to any conflict in the future.
CHAIRMAN HENNING: Can you wrap it up, please.
MR. McALPIN: Yeah.
CHAIRMAN HENNING: We need direction, that's all.
MR. McALPIN: Just I hope that you'll see the issue here is
greater than a road and that it is for the survival of part of the unique
history here in Florida, the Smallwood Store.
MR. MILLER: Your next --
COMMISSIONER NANCE: Ms. McMillin? Excuse me,
ma'am, can I just ask you a question?
MS. McMILLIN: Sure.
COMMISSIONER NANCE: The county does not have to take
any action. The county can allow the litigation to continue and the
county does not have to vacate or take any action.
The county made every effort to make it so that you were going
to have an access.
MS. McMILLIN: I understand.
COMMISSIONER NANCE: That's the only ac -- the thing the
county's done so far is to join you so that you could get back open
again.
MS. McMILLIN: Yeah, I know. I understand that, and we
appreciate that.
COMMISSIONER NANCE: Yes, ma'am.
So what is under consideration now, the only thing that we feel
like people are asking us for is to try to guarantee that you have that.
If you don't want to settle, you may proceed of course as you want.
The county has to take no action.
So ma'am, you need to tell us if you would like us to consider
this arrangement or not. If you don't want to the consider it, then we're
done and you may go ahead of course and do as you like.
MS. McMILLIN: We're not in a financial position to do that.
We've led the battle, you know, against Florida/Georgia Grove. The
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county has helped us.
COMMISSIONER NANCE: Has the county not helped you?
MS. McMILLIN: I said the county has, most definitely.
COMMISSIONER NANCE: Okay. So now we're to the point
where we need to know if you want -- if you absolutely do not want us
to consider going with any -- forward, then you may of course do what
you can do.
CHAIRMAN HENNING: Well, I think what she's --
COMMISSIONER NANCE: We're looking for a direction.
CHAIRMAN HENNING: -- saying is she would like the
existing historical easement -- it's not an historical road -- easement or
right-of-way.
UNIDENTIFIED MEMBER OF THE AUDIENCE: Yes, it is.
It is a road.
CHAIRMAN HENNING: Okay, you guys either had your
chance or you'll get your chance.
And because that (sic), she doesn't have the financial means to
continue fighting. But she wanted to know -- your preference is to
keep the easement like it is but you don't have the money to continue
fighting it in court.
MS. McMILLIN: No, exactly.
CHAIRMAN HENNING: That's exactly right? Okay.
Commissioner Fiala has a question.
COMMISSIONER FIALA: But you expect to win in court if
you had the money to get there. Maybe the community --
MS. McMILLIN: Absolutely.
COMMISSIONER FIALA: I mean, you've got a lot of people
here and even outside that community supporting you. They could
have a big, giant fundraiser to raise the money to save the street.
UNIDENTIFIED MEMBER OF THE AUDIENCE: Who paved
the street? The county.
MS. McMILLIN: Who paved the street? It was county
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maintained. I watched it happen.
CHAIRMAN HENNING: Right, okay. And that's been said. I
think we're aware of that. Thank you.
MR. MILLER: Your next speaker is Richard Magers. He'll be
followed by Gary McMillin. Did I get that right, sir?
MR. MAGERS: Yes.
I've known Lynn McMillin for 40 years. I've used that road down
to her grandfather's trading post museum for all that time on and off.
I've been waiting for somebody to make a suggestion about
another option here. I hadn't heard it so I'll make it right now.
Since that road has worked perfectly ever since it was put in,
that's 100 years ago, and it is still working perfectly once black man
moved his fence, why won't the county take to him another option, put
a road for himself down the east side of his property and leave Mamie
Street alone.
If he brings the road in, if he fills out forms and gets the option to
do it, bring in any kind of road he wants and use it for his own use and
leave Mamie Street alone. I believe a lot of people, maybe not him,
but a lot of people would be happy. Thanks.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker is Gary McMillin. He'll be
followed by Robert Rogers.
MR. McMILLIN: Yes, sir. The morning they tore this road up I
had a deputy standing here poking me in the chest telling me to calm
down. That was a county road you tore up. I believe if I went down
here in Naples and did the same thing to one of your streets here in
town, somebody would have locked me up. But none of these people
-- they should have been locked up then for tearing up Collier County
property. The State of Florida has a law that says that if a county
paves a road, comes back in seven years and repaves that road nobody
contests it, it is the property of Collier County.
They tore up Collier County's land when they did this and a
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deputy was standing there poking me in the chest.
Now, you say that the county -- we got a $120,000 bill for the
Smallwood Store for legal fees that we can't afford to pay. Now, did
the county lead this fight? No, sir, you did not. I mean, you weren't
here whenever this all happened. But no, but we haven't -- I feel like
the county has let us down big time. It's about ruined our store.
I'm trying to start a boat tour down there now as a business, and
these people haven't -- if you've looked at that road that they put in
since they so complied to the judge's orders, it's bullshit. Thank you.
MR. MILLER: Your next speaker is Robert Rogers. He'll be
followed by Valerie Caracappa.
MR. ROGERS: Good afternoon. I'm going to be pretty brief. I
-- well, actually, what I was going to say was a little bit like what that
gentleman said, that you folks seem to assume that there's sort of two
parties to this thing, and there's a lot more than that, the Smallwood
Store and the Georgia Grove Company.
There's a -- I'd say there's a very large public interest in this
property as well. Most people, somebody was saying before, tend to
-- there's a -- most people will try to get to the end of a road. And
that's the end of the road. That's the end of Highway 29. A lot of
tourists turn off down there. I'd say that that whole property is a fairly
big tourist attraction. Not just because of the museum but because
you're looking south over the Gulf.
Anyway, I guess what I'm trying to say is there's a large public
interest in this thing, and I guess I'm suggesting that the
Commissioners -- that Collier County could support that public
interest by helping us fight this thing ourselves. Thank you.
MR. MILLER: Your next speaker is Valerie Caracappa. She'll
be followed by J. Robert Houghtaling.
MS. CARACAPPA: Yes. Hi, my name is Valerie Caracappa.
I'm also known as Valerie Wisecracker. I'm a Florida environmental
folksinger, and I go around the state singing about things exactly like
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this. And I've been doing it for at least 40, 45 years.
I've never seen anything so blatant. I've never seen such injustice
in my entire span of doing this.
First of all, when you buy a piece of real estate, particularly when
you have the advice of attorneys, you know that there's a road going
through it. You know there's something there. It shows on their deed,
okay.
Now, if I'm buying a piece of property, let's just say for round
figures this isn't it. Let's say I paid a million dollars for this piece of
property. I know that's not the exact number, but let's just say for
reference, okay. I know there's a road going through there.
Now, if there hadn't been a road going through there, if there
hadn't been an encroachment or easement, whichever you want to call
it, that same piece of property would have cost 2.5 million.
Now, why is it that these guys get this financial leg up when I
can't do that, when your average person here can't do that. You can't
-- that property would have sold for three times what it sold for if that
road hadn't been going through the middle of it, making it difficult to
develop it. That's number one.
(Applause.)
MS. CARACAPPA: A lot of other things I was going to say
have been said here so I'm not going to repeat them. I'm going to
make it short.
I was going to bring my banjo up here and sing you a song. I
will sing you the verse: Florida, Florida, I'm here to say, we're more
than just the tail end of the U.S.A. And I'm telling you big boys, stop
messing around, stop running my Florida home into the ground. And
if ever that was happening, it's happening here.
The last thing I want to say is, be on notice, you're being watched
by the Florida Historic Bureau right now, the Bureau of Historic
Resources. Right now. They are sitting in Tallahassee right now
monitoring exactly what's going on here.
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Do remember you get a lot of cultural grants, you get a lot of
money from these people. And they're very interested in what goes on
here today. And I know in that for a fact because I've been speaking
to people there. And that's what I've been told.
So be on notice, this is not just Collier County. You're being
watched. You get what you pay for, what's fair is fair. They bought
the property that had a road going through it and that's the end of it.
They need to vacate. I've never seen anything like it.
And I promise you you're going to have your own special song if
this thing doesn't go right. And it's going to be on the Internet and it's
going to be everywhere. Because I've got a big mouth, let me tell you.
Me and Mouth Kramden, we got a big mouth. Thank you.
(Applause.)
MR. MILLER: Your next speaker is J. Robert --
MR. HOUGHTALING: J. Robert Houghtaling.
MR. MILLER: -- Houghtaling.
MR. HOUGHTALING: Thank you very much.
MR. MILLER: And he'll be followed by Betsie Perdichizzi.
CHAIRMAN HENNING: Hang on. We -- how many more
speakers do we have? Because the court reporter is due for a break.
MR. MILLER: About nine, sir.
CHAIRMAN HENNING: About nine. Let's take a 10-minute
break. I apologize. We need accurate records.
MR. HOUGHTALING: I was going to be real quick.
CHAIRMAN HENNING: Do you want to go before she takes a
break?
MS. PERDICHIZZI: And I'll be quick also.
MR. HOUGHTALING: I'm telling you --
CHAIRMAN HENNING: Then we're going to take a break.
MR. HOUGHTALING: Yes sir.
I simply want to first of all thank you folks, the Commissioners,
for hearing us and seeing justice. We're people here. I know we've
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got a big developer with a lot of money behind him and he has people
he's representing and he has major representation here. Excellent.
I want to believe in my heart that you hear us, you hear the
people here, their sentiment. And I believe -- I can't understand how
come you all haven't shaken hands a long time ago and figured out
some way to put that road to use for you and to them and to promote
each other in a community. I'm praying that that's what comes out of
all of this.
Once again, I thank you Commissioners and the Collier County
for keeping this road alive for over 70 years and through hurricanes,
through floods. And it's been accommodating to our -- the folks that
have come down here.
I used to go down there in the Fifties. My folks would just kind
of take us down there and point at it and so, well, there's the old store,
you know, my grand folks. Now when my kids grew up, I took them
down there for a picnic, we've seen Seminole celebrations, we've seen
lots of historical reenactments.
I think it would be a great historical reenactment after you've
heard all the sentiment of all these people to take their message back
to your people and have an answer that -- have a party, a celebration
of coming together and changing your plans a little bit. I think it's
wonderful that you have made a proposal here for change. That
means that change can be done. Just go one step further and figure out
how you can accommodate each other and everybody win. It would
be excellent.
CHAIRMAN HENNING: We're going to take a 10-minute
break.
(Recess.)
CHAIRMAN HENNING: You have the count of the young lady
that was standing up here, her name?
MR. MILLER: Yes.
CHAIRMAN HENNING: She's not here anymore? Here she is.
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MR. MILLER: Yes, she's here.
Our next speaker is Betsie Perdichizzi. She'll be followed by
Marion Nicolay.
MS. PERDICHIZZI: My name is Betsie Perdichizzi, Marco
Island. I have lived here about 25 years. I'm one of the newcomers
around here. But some of you may know that history of Collier
County is my delight and my interest. I've written four books. I
helped raise the money for the Marco Island Historical Museum, to
tell the history of the uniqueness of Marco. And now I am today
trying to speak for the interest of Chokoloskee.
I was involved in raising the money, 4.5 million, to build
something. Once Smallwood Store and Mamie Street goes, you
cannot replace it. You cannot build. You cannot raise any money to
replace it.
And I just wanted to say that in recently doing some research I
came across Charlton Tebeau's quote who wrote the history of Collier
County. And he said that Chokoloskee, Everglades and Goodland
retained the olden flavor of old times.
Now, if you get rid of that road down the center and you build
high rises or whatever, you are going to get rid of the olden times that
he talked about. And right now -- he said that 57 years ago. Well, we
are where we are now. We wish we could have saved a lot that is
gone already. But you'll never be able to save anything more
important than that road and the Smallwood Store.
And I see mangroves there. I thought you could not tear up
mangroves for any reason, any building reason or any road building
reason. So -- and I see the red line as being smaller and I see this
company who bought -- who has bought this in 2011 has not shown
any appreciation for anything. They have never shown any
appreciation. And I don't trust them. Thank you.
MR. MILLER: Your next speaker is Marion Nicolay. She'll be
followed by Claudette Kraumer.
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UNIDENTIFIED MEMBER OF THE AUDIENCE: Claudette
Kraumer had to leave, she will not be here.
MR. MILLER: Then your next speaker after Marion Nicolay
will be Elisa Lucarelli.
MS. NICOLAY: I don't see well, so she's helping me. My name
is Marion Nicolay, and I also am from Marco Island.
I have no financial or geographical interest in Smallwood Store
because I don't live there. It's 45 minutes away anyhow by car. But
when people come to visit me, and I've been here 26 years, almost like
Betsie, the first thing I think of is once we've exhausted the resources
of Marco Island and Naples, where can I take these people to entertain
them? And there's a lot in Collier County.
But the first place I go is south, in their car of course, to
Everglades City and Chokoloskee, the most romantic and exciting
place we've got around here. For that reason I'm speaking on behalf of
the store, of course.
I am absolutely flabbergasted that these people managed to tear
up this road without a permit. I can't cut a limb off a tree without a
permit where I live. And I think most of you would find the same
thing is true.
Basically though I would like to speak in favor of the bottom
dollar, because that's what seems to motivate most politics and
political decisions in America these days. I cannot imagine that
anybody could be allowed to close down access to such a wonderful,
remarkable irreplaceable tourist attraction. And I don't have to say
anything more than that. I don't have to be emotional at all. That's
very practical. Thank you.
MR. MILLER: Your next speaker is Elisa Lucarelli, followed by
Peter Gallagher.
Did I get your name right?
MS. LUCARELLI: Lucarelli. That's okay, it's a married name.
COMMISSIONER HILLER: That sounded like a slam.
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MS. LUCARELLI: I am the great granddaughter of Ted
Smallwood. Or great, great granddaughter.
My mother had to leave. That store -- I'm 53. That road Mamie
Street -- by the way, my great grandmother was Mamie Smallwood --
was there the entire times that I transversed the store. It's always been
a public road.
Not in favor of vacating. There's got to be a way that it can be
worked around.
I hate to see money decide the issue for her. It's -- there's -- I
witnessed mangroves being torn up on the other side of the boat ways
where they tore up and put the fence. And I know on the other side
where the long red line is, that's mangroves. We used to run through
the mangroves when we'd go down there. We had our many
Thanksgivings under the store. So I am totally against vacating that.
It is to me a historical road. I know you say it's not, but Mamie
Street, Ted Smallwood, that's all historical for me. I was brought up
cherishing that heritage, my heritage. That place, it can't be replaced.
You can't move it somewhere else. That was -- our county seat was
Everglades City and that island was the only stop between Key West
and the rest of the world until they had the railroads come down and
the road Tamiami Trail built.
So to take away something and to put that red -- the long one in,
I'd have to say that based on the behavior of the developer so far, they
haven't shown that their word can be trusted, that their actions can be
trusted. They haven't followed through with what they were ordered
by the court to do as far as restoring the road to what it was, the
condition before they tore it up. So I don't trust them.
And I think that there's a way that they could work around that.
Thank you for your time.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker is Pete Gallagher. He'll be
followed by Jean Johnston.
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CHAIRMAN HENNING: How many more speakers after this?
MR. MILLER: This gentleman and two more.
CHAIRMAN HENNING: Two more, okay.
MR. GALLAGHER: I live in St. Petersburg, I don't live down
here, but I've come down here all my life and I know a lot of people
down in Chokoloskee and Everglades City. And I'm a writer and I've
been writing about Florida for probably the last 35, 40 years.
And think about how this is going to play out around the rest of
the state and the rest of the country and the world. The whole world
knows about the Smallwood Store. Peter Matthiessen's novels have
been published everywhere in the planet.
Collier County, the fastest growing county in the United States
over the last 10 years, is giving a road back to a developer. How is
that going to play out? That's what people -- whether they know the
facts about it, that's the way the people are going to see the headline in
China, in St. Pete's, in Gainesville, everywhere else, that's what it's
going to be played out as.
And then you have a Chairman of the County Commission that
shocks me, but then I should have known it, that says right here, they
can do anything they want with that property.
No, they can't. I could sit here for the next two hours listing all
the things that they can't do.
But how did Collier County get to the way it is now? All those
subdivisions up on I-75, the houses are so close the kids can go visit
their neighbors by running across the roofs. Or you can sit there and
make your coffee in your kitchen in the morning and stick your hand
out the window and shake hands with your neighbor who's making
coffee in her window.
How did all that happen? Variances, back room deals, all that
kind of stuff. And now we have somebody come in here and messing
around with the Smallwood Store.
Yes, it is a historic road, Commissioner Henning. It is a historic
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road. There's no doubt in my mind about it. And it's a historic scene
there. Like the lady said, if we're going to put high rises or whatever
they're going to do, all it takes is a variance, all it takes is to come in
here and wave a bunch of money and a threat of a lawsuit around. If
that's the way it is, that's what's happened all over Florida.
The other thing that people have said to me when this issue
comes up is basically: Oh, it must be a payoff. How many times has
anybody heard that? Must be a payoff. What does that mean? That
somebody came in the back room and handed some money to a county
commissioner? Who knows? I mean, I don't know what that means.
But I think I'm going to try to find out. Because what I've got here is a
request -- it's a Florida public records request that asks for all emails in
and sent boxes of elected Collier County commissioners and their
individual chiefs of staff, executive secretaries from January 1st, 2010
until today. All phone records of the same individuals, appointed logs
and phone logs.
And we'll take a look at all that. I'm going to hand this to Dwight
Brock here after this meeting. Thank you very much.
CHAIRMAN HENNING: And while you stepped away -- you're
done with your time because you stepped away -- a misstatement. I
did not say that they can do anything they want. You spoke your turn,
all right. I heard you. So step away from the mic. I did not say that.
I say they need to comply with our land use laws.
Now, if you want records of any kind of kickbacks or donations,
sir, or if you want --
MR. GALLAGHER: I didn't say that.
CHAIRMAN HENNING: Or if you want --
MR. GALLAGHER: I did not say records of kickbacks. I said
emails, phone records, public information.
CHAIRMAN HENNING: You don't give that to the Clerk of the
Court.
MR. GALLAGHER: I know where to give it. You give it to the
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-- yes, you do.
CHAIRMAN HENNING: Okay.
MR. GALLAGHER: Yeah. Thank you.
CHAIRMAN HENNING: Good luck on that.
MR. GALLAGHER: And maybe the court reporter can go back
or take a look at the statement that you made. You did say they can
do anything that they want with that land.
CHAIRMAN HENNING: Within our lands use laws.
MR. GALLAGHER: Okay. And there's where you get your
variances.
MR. MILLER: Your next speaker is Jean (sic) Johnston. She'll
be followed by Jim Rowland.
MR. BROCK: Commissioners, before the gentleman leaves, you
know, I'm not -- sir, I don't want to create a problem.
CHAIRMAN HENNING: No, no, no, not up here. You can
have a private conversation with him. We're going to proceed on with
this hearing.
MR. MILLER: Jean Johnston is next. She'll be followed by Jim
Rowland.
MR. JOHNSTON: My name is actually Joanne Johnston.
MR. MILLER: I'm sorry, ma'am.
MR. JOHNSTON: Not a problem.
I come from other perspective too. I also am not from Collier
County but I live in Lee County near -- on Charlotte Harbor. But I
come -- probably this will be my fifth year coming to the Marjory
Stoneman Douglas Festival, or what I like to call more of a
conference, because I think it's possibly one of the more serious events
that takes place with regard to taking a look at the historical and
preservation aspect of this wonderful part of the world in South
Florida.
I've been going to Chokoloskee from the moment that I attended
that first conference and have read Peter Matthiessen's books and of
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the rest of that.
CHAIRMAN HENNING: Can you have that conversation
outside, sir?
I'm sorry, somebody's interrupted you and we can't hear what
you're saying. I think it's important. Go ahead.
MS. JOHNSTON: In the reading of the history of this area, it
seems that there have been an awful lot of historic trail ways and all of
the sorts of things that have been honored by being made into proper
roads. And I speak of Burnt Store Road, for instance, which is very
near to where I am, and that was a trail that was honored by becoming
an historic -- by becoming a proper road.
It seems to me that the lady is right who brought to the attention
that the Florida Historical Bureau is watching. The gentleman prior to
me is right as well in that there is larger than local public interest in
this area. It's been a -- it's a treasure, and it has a history that very few
of us could ever have imagined experiencing.
Florida is rather a unique place and I think number in the spirit of
Marjory Stoneman Douglas and those who fought to keep the
Everglades and the Thousand Islands in some sort of restoration, if
you'd like, that in the spirit of that kind of thing, this would be a
wonderful thing if this particular road and historic route, whatever we
want to call it, could be preserved so that people can meander down its
road and walk with kids and drive in that kind of lovely meandering
way to get there and realize that that's how people got there for many,
many centuries.
But -- so I'm in favor of whatever would make it work to retain
that road and have that historic aspect of it be honored.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your final public speaker on this item is Jim
Rowland.
MR. ROWLAND: Thank you. And I'm sure everybody is
saying thank God, the final speaker.
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January 14, 2014
I just want to let you know that I've been a resident of Collier
County for approximately 30 years. And about a dozen years ago I
was in Chokoloskee and fell in love with not only the place but the
people. I think it's so unique, really. It's just an amazing place.
I decided to buy a property, and it happens to be on Mamie
Street, number three Mamie Street. And it is historical, because if you
think of the significance of the name, Mamie, one of the founders
named it for his wife.
I decided to buy a property there because I loved the fishing and
the people. My wife was an artist. And if you want to know what
makes God laugh, tell him your plans, because my wife passed away
and we still have the property there.
The thing I like about Chokoloskee area is a number of years ago
the last hurricane that went through, we went down, see what we
could do as far as fixing up the property or whatever had to be done,
and I saw that everybody in the community was out there working to
bring it back. In Naples and in Marco Island it took some sort of a
legislation to get people out there working. These people were there
over by the Church of God dragging stuff, trees and everything else,
clearing the land, and they were in a lot better shape than Naples and
Marco Island.
I just wanted to say that I think that it would be an injustice to
change things. Chokoloskee is unique. Let's keep it that way. Thank
you.
(Applause.)
CHAIRMAN HENNING: Okay, we have a motion and second
on the floor. If the motion fails and we continue litigation, there's still
going to be bills piling up on the private side.
I haven't heard anybody here --
MR. BUTCHER: Why is the county suing? Why do we have to
sue at all? The road's there.
CHAIRMAN HENNING: It's in litigation.
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January 14, 2014
MR. BUTCHER: Well, that should be the county's problem.
That's the county's problem.
CHAIRMAN HENNING: It is part of the county's problem.
We're part of this suit, okay. But the Smallwood Store is 100,000 in
legal fees. And I hope the people that want us to keep the historical
use of Mamie Street realize that and do something about it. Because
you're asking us to do something.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, Mr. Chairman, I appreciate
the motion to continue this, but I'm ready to vote on it now.
CHAIRMAN HENNING: Okay. Let's vote.
COMMISSIONER COYLE: I'm ready to vote on it right now. I
-- it's a curious strategy you've used.
I know when I heard about this road being torn up, I drove down
there to look at it. I talked with the people I know down there. I
thought it was a really, really bad thing. I talked with the developers
and told them I thought it was a bad thing. Did everything I could to
get that road restored. I supported the efforts by the county to join the
lawsuit and fight for this.
And I can tell you that I am terribly offended by the comments of
people who come here and criticize the county because nothing has
been done. Criticize us, accuse us of being -- of accepting payoffs,
saying that we're in the pockets of developers. Even writing letters
that say that you've learned that two people on the Board of County
Commissioners are in the pockets of the developers and that you're
going to punish us for that.
So if there is a vote right now, I will vote not to vacate that road
and you will see what that does for you, okay? There won't be a
settlement. But we'll see what it does for you. I might not win, but
that's where I am right now.
CHAIRMAN HENNING: Okay, anybody else?
COMMISSIONER FIALA: Yes. I just spoke with Jeff outside
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-- Klatzkow right outside here. And please tell them what you just
told me.
MR. KLATZKOW: We're following the lead of the Smallwoods
on this one. That's why we're going through this vacation here. When
this started, Board direction to me was to save the Smallwood Store,
all right. Not save the road but save the Smallwood Store. And I've
been working with Mr. Grant for a couple of years on this. And it was
his feeling that the best way to save the Smallwood Store, all right,
would be to end the litigation through a settlement.
Nobody's ever 100 percent happy with a settlement, but it was his
feeling, that's the best way to preserve the Smallwood Store so that it's
here for generations to come.
If it was the Smallwoods will to fight this to the bitter end, we'd
be happy to fight this to the bitter end. But that was -- my direction
from the Board was to save the Smallwood Store. They were the ones
who said let's settle it this way because, you know, the access may not
be perfect but it's guaranteed now. And that's why we're here.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, this is being very
informative. I'm very glad that we had the opportunity to hear all the
speakers.
The singer, I have to tell you, she said something that was very
significant to me. And what was significant to me was her statement
that the price of the property paid would be very different if the road
was not there. If that property was not bifurcated by that road, what
would the price be? And if in fact that road wasn't there as a public
road and was a private road, then the price of the property paid would
also reflect that.
So I want to know what was paid and I want to know from our
appraisal department what were the values of properties and how that
property would have appraised when that property was acquired by
that developer.
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And I would say from the standpoint of litigation, if you go to
litigation in discovery, I would ask for the survey that was done for
the closing of that acquisition, and I would ask for the title insurance.
And I would look into that title insurance and I would look to see what
if any exceptions were there and how was this described. Was it
described as an easement across the property? Was this described as a
public road across the property? I want that information. Because
quite frankly, that will tell me the truth of what's going on.
And this is a property rights case. This is an evidence-based
issue. So the evidence is there. What you paid, what the title
insurance shows. And if the title insurance shows that you didn't have
an easement across your property, and if in fact there is a prescriptive
easement and your title insurance failed to do that, then you have
recourse against your title company and you should go after your title
company and say you know what, you ruined my property. You told
me I had access, you know, without interruption across that land and I
don't. And you know what? I'm claiming on that insurance.
So you can be made whole -- no, hang on a second. You can be
made whole if your title insurance failed to properly provide what
they should have provided.
CHAIRMAN HENNING: Okay, we have a motion and a second
on the floor.
COMMISSIONER HILLER: But I think it's very significant --
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye --
COMMISSIONER COYLE: This is the motion to continue?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Yes.
COMMISSIONER COYLE: Okay, I'll vote against it.
CHAIRMAN HENNING: Is there any ayes for the motion?
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
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COMMISSIONER FIALA: Well, I just want to make sure.
Now, to continue, that doesn't mean they have to go to settlement.
COMMISSIONER HILLER: No, it means that they continue to
discuss this and come forward with, you know, a proposal.
COMMISSIONER FIALA: Just wanted to get that on the
record.
COMMISSIONER HILLER: Because, I mean, I think there's
evidence that all parties need to look at and the question of, you know,
what's going on here and who should be compensated how is a big
deal.
COMMISSIONER NANCE: I just want Mr. Klatzkow to clarify
this for everybody what's taken place on this vote so everybody in this
room understands.
If the Board of County Commissioners does nothing right now
and we don't continue it and we just say we're done, then the courts
are going to hash this out.
COMMISSIONER HILLER: But that's not what we're doing.
COMMISSIONER NANCE: Now wait a second. If we do
nothing, the courts will hash it out and then what it is, it is and we
don't know what that is.
If we vote to continue it, what we're voting for is to allow the
parties to continue to think about this and see if they can get together.
If they can't get together, then of course the court's going to decide it
anyway. So all we're doing is we're waiting another day, let Ms.
McMillin think about it, let Parkway people think about it, let the
public think about it, let Florida/Georgia Grove think about it and see
if everyone can reach something that everyone can deal with.
That's the only point of the county having this discussion.
Because, you know, if everybody's just no, we don't want to talk about
it any further, we just want to go to court, then of course you may.
So I'm assuming that the majority of the people want to have this
conversation. Is that right? Is there anybody in here that doesn't think
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we should have this conversation?
UNIDENTIFIED MEMBER OF THE AUDIENCE: Is there a
time limit?
COMMISSIONER NANCE: Ma'am, we're just trying to see if
there's any way the parties can get together. If not, you can go to
court and the court's going to decide. And we're not -- you know, then
you've got to go talk to the court and convince them, and who knows
what's going to happen.
CHAIRMAN HENNING: Does that summarize your motion?
COMMISSIONER NANCE: Yes.
COMMISSIONER HILLER: Yes. And I think a time limit does
have to be imposed. And I think it should be not the next meeting but
the following meeting, one month, and so 30 days to work this out,
come back at the first meeting in February, which is somewhere on or
around Valentine's Day.
COMMISSIONER NANCE: Mr. Grant, is Ms. McMillin in
agreement with this? Is she --
MR. GRANT: I think Ms. McMillin has obviously mixed
emotions. You heard her. You obviously listened to people.
But I believe she's prepared to give this one more shot to see if
discussion could produce a solution that people can live with. It will
come back to this Board.
If it can't can be worked out, it can't be worked out. I think it --
the Board is going to decide at that point whether to vote to vacate or
not vacate. And as you said earlier, I think quite correctly,
Commissioner, at some point if the Board does nothing the court's
going to have to resolve it.
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: I'm ready to say do nothing and let
the court resolve it.
COMMISSIONER FIALA: Yeah, me too.
CHAIRMAN HENNING: So are we all done with the
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discussion?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Thanks.
COMMISSIONER NANCE: So the motion is to continue the --
CHAIRMAN HENNING: The motion is continue the -- my
understanding -- well, heck, you said it and Commissioner Hiller
conferred, so you should have it clear in your mind what the motion is,
all right?
All in favor of the motion, signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: All opposed?
(No response.)
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Motion doesn't pass by a 3-2 vote,
Commissioner Henning, Commissioner Fiala and Commissioner
Coyle dissenting. Okay.
Now is the Clerk of Court in the room?
MR. KLATZKOW: Well, this is a hearing on vacation.
CHAIRMAN HENNING: Pardon me?
MR. KLATZKOW: You just voted not to continue the vacation
hearing. So is there a decision on the vacation?
CHAIRMAN HENNING: Go to court.
MR. KLATZKOW: Well, I need a motion denying the vacation.
COMMISSIONER COYLE: Motion to deny the vacation.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Okay, discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
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January 14, 2014
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
You know, maybe these people will help you out financially.
They were very adamant about what the Board should do.
COMMISSIONER COYLE: Yeah. You got what you want.
CHAIRMAN HENNING: So we'll be there with you.
UNIDENTIFIED MEMBER OF THE AUDIENCE: Does this
mean you're voting to vacate or not vacate?
COMMISSIONER NANCE: No vacation.
CHAIRMAN HENNING: Okay, Mr. Brock.
MR. BROCK: Vacation for me, maybe?
CHAIRMAN HENNING: Yeah.
MR. BROCK: Or can I come back from vacation? Okay. Give
them a second to --
CHAIRMAN HENNING: That's fine. That's good.
We're ready to continue on. We have another item. You'll have
to -- no, no, we're going to -- we have another item, and we're --
COMMISSIONER NANCE: We're still in --
CHAIRMAN HENNING: Everybody is coming up here. We
have another item on the agenda.
COMMISSIONER HILLER: Okay, let's enter this on the record.
This was given to me on this last motion. It's the warranty deed for
that property.
CHAIRMAN HENNING: Before you do that, before you do
that, we have a standing rule that the Board has to make a motion to
accept any documents.
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So Troy, give it back.
MR. MILLER: Yes, sir.
CHAIRMAN HENNING: I make a motion that we enter the
vacation into the record. Is there a second?
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: That's actually a part of our
ordinance, so --
COMMISSIONER HILLER: Which is unbelievable.
CHAIRMAN HENNING: Which the Board needs to accept
instead of someone just entering something that -- into the Board's
record.
COMMISSIONER HILLER: But I think any commissioner, and
that was done by Coletta to try to block mine and your ability to put
things on the record that went against his positions or the majority's
position at the time. And I think any member of the Board should
have the right to be able to admit whatever they want on the record.
And it belongs to the public.
CHAIRMAN HENNING: And if you want to bring back to
amend that ordinance --
COMMISSIONER HILLER: Can you propose an amendment to
that and bring that back? Because I think anything and everything by
a Board member should be admissible.
MR. KLATZKOW: Yes, ma'am.
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January 14, 2014
COMMISSIONER HILLER: Thank you very much.
CHAIRMAN HENNING: Is that direction by the Board or just
one? Do you want direction by the Board?
MR. KLATZKOW: No, what I'm going to do is I'm going to
bring it under a commissioner item from Commissioner Hiller.
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: And I'll bring it.
Item #13A (Continued from earlier in the meeting)
PRESENTATION OF AN ANALYSIS PERFORMED FOR THE
CLERK BY CLIFTONLARSONALLEN LLP, AN INDEPENDENT
CERTIFIED PUBLIC ACCOUNTING FIRM, OF SUB-RECIPIENT
AGREEMENTS APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS (BOARD) TO IDENTIFY THE AMOUNT OF
PROGRAM INCOME EARNED BY HOUSING OPPORTUNITIES
MADE FOR EVERYONE, INC. (H.O.M.E.) RELATED TO THE
PURCHASE, REHABILITATION, AND SUBSEQUENT RESALE
OF FORECLOSED PROPERTIES PARTIALLY SUBSIDIZED BY
FEDERAL AND STATE GRANT FUNDS - MOTION TO
CONTACT HUD'S INSPECTOR GENERAL TO LOOK INTO
THIS MATTER — APPROVED
MR. BROCK: We're ready to finish, continue, move on?
(At which time, Commissioner Coyle exits the Boardroom.)
COMMISSIONER NANCE: Please, sir.
MR. BROCK: Okay, CliftonLarsonAllen, as I said before, to
take us back to where we were, one of their determinations was that
there was $75,675 in program income that was not accounted for that
was due back to the county.
In addition to that, there was $427,473. That's $427,473 which
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was used for the purpose of homebuyer assistance or mortgage
buy-down, okay.
Now, as I was telling you before, we were presented with a
document years after we began requesting records where county staff
had supposedly agreed to that. And in the document that they had
sent, and as part of that approval, they indicated that there was some
language in the agreement with the county which was not there.
You're not on.
MR. OCHS: There you go.
MR. BROCK: Go to the next one.
The language -- what I'm showing you now is the application
submitted by H.O.M.E. Not what the county approved, it's the
application that was submitted by the county. And the application, as
you can see, was a request to purchase or build a home, refurbish a
home, subsidize a home financed to lower mortgage payments, keep
the home affordable over time, cover related administrative expenses,
and close the sale to a qualified buyer.
Okay. The next page, you will see that the budget in that
application was for $840,000, of which 540,000 was for home subsidy
retention. Which is in essence that $470,000 that I just mentioned to
you.
Now, the agreement, on the other hand, simply provides for
acquisition, rehab and sale. And the amount of the grant is reduced to
$427,472.42 s.
Now, the language that was cited in the letter as having been in
the agreement was in fact in the application. But it was not in the
agreement. And as a consequence there is no mortgage buy-down or
subsidy for the mortgage provided for in the agreement that was
awarded by the county.
Do you have a question, Commissioner?
COMMISSIONER NANCE: No, I'm fine. It was just an aha
moment.
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January 14, 2014
COMMISSIONER HILLER: Not a ha ha moment?
MR. BROCK: In other words, you look down at the right-hand
box on the bottom. The letter did not follow OMB Circular A-110.
And the project scope defined in the agreement, which is what
Circular A-110 says that program income can be used for, was not
approved by the staff and therefore was not available to be used.
Do you understand what I'm telling you? Okay?
CliftonLarsonAllen, in its next finding, examined the bills that
were being submitted by H.O.M.E. and its vendors for reimbursement
under the terms of the grant. Now, I want to go -- I'm going to read to
you some provisions of the grant, I'm going to do it real quick,
hopefully save us some time here without pulling them up, okay.
All improvements specified in Exhibit 8 -- this is out of
subsection four, consideration and limitations of cost. This is of the
agreement entered by the county. All improvements specified in
Exhibit A -- and Exhibit A is the scope of the award, okay -- shall be
performed by sub-recipient employees or be put out to competitive
bidding under the procedure acceptable to the county and federal
requirement.
The sub-recipient shall enter into contract improvements with the
lowest responsive and responsible bidder. Contract administration
shall be handled by the sub-recipient and monitored by the county,
which shall have access to all records and documents related to the
project.
All we were doing was asking for what the agreement -- not even
going into whether or not I'm entitled to it as a public record. What
the agreement with the county provides me access to, they wouldn't
give them to us, okay?
You go on over to Page 14 of 25 of the agreement, Section E,
conflict of interest. The sub-recipient covets that no person who
presently exercises any functions or responsibilities in connection with
the project has any personal financial interest, direct or indirect, in the
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January 14, 2014
target areas or any parcels therein which would conflict in any manner
or degree with the performance of this agreement. And that no person
having any conflict of interest shall be employed by a subcontract or
the sub-recipient. Okay.
So if you've got a conflict of interest involved in this, you cannot
do work.
So what are the two issues I'm dealing with here? What am I
looking at? I'm looking at one, is there documentation to support the
bills that they are asking be paid?
And two, are those lawful if they are being done and being
submitted by people who have a conflict of interest? Okay?
COMMISSIONER HILLER: Let me just ask one thing. Going
back, one thing you talked about was the bidding. You said there was
insufficient support of construction costs. But you also saw no
evidence of compliance with the bidding requirements; is that correct?
MR. BROCK: I'm going to show you that.
Now, as you go on through looking at what we have here, you
look at the provisions of 28 (sic) CFR, Section 84-1, solicitation for
goods and services provided for all of the following: Clear and
accurate description of the technical requirements for the material,
product or service to be procured is required under 24 CFR, Code of
Federal Regulations.
I'm going to show you how that did not happen.
Requirements which the bidder/offeror must fulfill and all other
factors to be used in evaluating the proposals.
There was no bidding that that took place at all that we can
define.
A description, when practicable, of the technical requirements
and terms of functions to be performed.
We find nothing that indicates anything such as that, okay?
You look at the scope of services, in note two of the scope of
services, Exhibit A, the sub-recipient shall prioritize the work of the
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project, shall bid such work in a manner that would allow the recipient
(sic) of itemized costs through (sic) bidders which would then allow
the award of items that can be funded by the project.
Didn't exist. It repeats the same thing, it all has to be bid.
Now, let me show you what I'm talking about.
COMMISSIONER HILLER: Let me repeat what you said. Did
you say that HHS, in other words our Housing Department, had to
approve the awarding of the construction contract ahead of the
approval after the bidding?
MR. BROCK: Yes, ma'am.
COMMISSIONER HILLER: And that did not happen?
MR. BROCK: Did not happen.
COMMISSIONER HILLER: What is the total construction costs
we're talking about that did not go through that?
MR. BROCK: I'll show it to you.
And the bottom line here is all invoices from Boran, Craig,
Barber and Engel Construction company dated 10/25/09 -- now, one
of the first things that raises the red flag for an auditor is if you start
looking at bills for services that transpire over a period of time and
you find them all dated the same, what does that tell you? It tells --
CHAIRMAN HENNING: They were very busy that day.
MR. BROCK: They were very busy that day, right.
That tells me and my staff, whoa, we need to look behind that
further, okay?
There was no supporting documentation shown to us.
Go to the schedule. Let's try to speed this process up.
No, that's not the one I want. On 28 of the outline that I five you,
this is the Contractor's Statement, okay. You look over there and you
see all of this work period ending 10/25. Gives us the project, okay.
General Conditions, $9,134. Now, I have absolutely no clue who did
that. I know that it is an invoice from BCBE.
Now, BCBE, one of the directors of BCBE is Mel Engel. Mel
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January 14, 2014
Engel is a director of H.O.M.E. Believe it or not the explanation for
that was well, after we submit -- somebody submitted bids and we
determined that BCBE was the lowest bidder, Mel resigned from
H.O.M.E. And then did the work.
COMMISSIONER NANCE: Too late.
MR. BROCK: Well, not only that, ladies and gentlemen, but if
you look down at the last line, you see a fee of$2,500. That is the
only line item that we can find where there was a bid was the $2,500.
I have no idea who it was that did the work, I have absolutely no proof
that the work was done. I have nothing to substantiate any of these.
And this is an example of the same thing over and over again for each
home.
COMMISSIONER HILLER: Can I ask --
MR. BROCK: All 13 times.
COMMISSIONER HILLER: -- were there any permits pulled on
any of these homes? Did you look to --
MR. BROCK: I did look at the permits. That's not my issue.
COMMISSIONER HILLER: I'd like to see -- I understand that,
but it would give me some idea of who did the work and if the work
was done.
MR. BROCK: I'll tell you what would give me an idea of who
did the work. Give me the invoices --
COMMISSIONER HILLER: Well, that's true.
MR. BROCK: -- that substantiates this.
When we talked to them, when we talked to H.O.M.E. and their
representatives, we said to them, give us the paperwork that supports
this. We never got it.
We met again after this Board had directed them to provide us
with the documentation. And in that meeting both CliftonLarsonAllen
and my staff asked that that be provided, and we were told at that
point in time by John Barlow and by Melvin Engel that it would be
provided, to which we never got it.
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January 14, 2014
So we cannot tell anything about who it was that did this work,
were there others that had a conflict of interest in the work. We don't
know the answer to that. But we do know that there's no
substantiation. Doesn't comply with the agreement for expenditure --
COMMISSIONER HILLER: But, you know, one example that
would concern me as a conflict is one of the board members was the
owner, Mr. Russell Budd, owns a stucco and drywall company. I
mean, I would like to know --
MR. BROCK: I cannot speculate as to --
COMMISSIONER HILLER: No, I understand you cannot
speculate, but it would be concerning if, you know, they were paid, if
they did work and he sat on the board. I mean, we know he sat on the
board of the bank, Bank of Florida Southwest, but --
MR. BROCK: I haven't even got to that one yet. That one's
next.
COMMISSIONER HILLER: But, I mean, it is concerning.
MR. BROCK: Okay, next issue was potential conflicts of
interest. Well, obviously we just talked about one potential conflict of
interest, BCBE.
Now, the next one involves other people. And I'm not even going
to go through those. They're in the audit report.
It appears on its face that the entire process was -- and they may
have had good intentions, I don't know the facts. They got together
and they all decided that, you know, they would create this little
enterprise, that they would all have something to do, they'd all make a
little money, and maybe somebody would get helped along the way.
But the problem with that is you can't do that. You can't self deal
here. I mean, one of the partners or one of the people involved in this
that was a board member was a director or the husband was a director
of the bank and, you know, I mean, it was just -- it was incestuous in
the way that we observed this process take place, okay.
This agreement that you entered into in Section E on Page 25
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January 14, 2014
here actually has a provision of no conflicts of interest, and I'll leave it
to you to read, okay.
The next one is all of the conflicts of interest in the -- I'm not
going through them.
COMMISSIONER HILLER: Can you go back? On Page 27 are
you saying there is about $410,000 in costs that are unsubstantiated in
construction costs, and that there's also potential --
MR. BROCK: I'm saying that there is $427,473, less --
COMMISSIONER HILLER: 75.
MR. BROCK: 2,500 times 13.
COMMISSIONER HILLER: I know. But in terms of-- I'm
looking at Page 27. You say that the insufficient support of the costs
comes to a total of about 411,000? That's --
MR. BROCK: No, I'm sorry, total construction cost paid to
BCBE was $461,24-- Did you net the 2,500 --
COMMISSIONER HILLER: Of the 461, 410 was
unsubstantiated.
MR. BROCK: No, $461,249 was unsubstantiated. My staff
netted it.
What are you looking at, ma'am?
COMMISSIONER HILLER: I'm looking at a schedule on Page
27.
So they netted it. So I see -- I see the negatives in here --
MR. BROCK: Okay, you are absolutely correct, on Page 27 that
is the amount. So you didn't net the figure in the back.
Okay, you're absolutely correct. I'm informed by my staff--
COMMISSIONER HILLER: So 47 --
MR. BROCK: -- $410,800.45.
COMMISSIONER HILLER: So we basically -- as the auditors
were unable to validate, you didn't have sufficient competent evidence
to support 410,000 in improvements.
MR. BROCK: That is correct.
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January 14, 2014
COMMISSIONER HILLER: So basically it doesn't exist. I
mean, if you can't validate it, it's not there.
MR. BROCK: And that's taking out the $2,500 of--
COMMISSIONER HILLER: I understand. Yeah, yeah.
MR. BROCK: -- costs that were actually bid.
But the problem with including those is that it's self-dealing.
You have a conflict of interest, okay.
Going back to Page 32, there are the conflicts of interest that
were identified by CliftonLarsonAllen, okay.
Now, Mr. Barlow sent you a letter. I've already been through the
first one which says, oh, well, you know, we didn't spend any money.
Well, you know, if you didn't spend any money, give me all the
records that will allow me to establish that. Hasn't been done,
therefore I can't do it. Not that I think it would make any difference,
because they have commingled the funds, okay?
The next one that they claim is that two houses -- you know, we
didn't spend any CDBG money on it and as a consequence, you know,
that one should not be taken into consideration.
Well, you know, one of the problems with one of those homes is
he didn't even sell it. After he had gotten SHIP funds which are
required to be for a low cost, low qualified low income qualified
recipient, he sold it to a trust for about $85,000.
COMMISSIONER NANCE: Mr. Brock, was that money
commingled also probably, we don't know?
MR. BROCK: Oh, everything was commingled, okay.
And the trust then turned around within less than eight months or
approximately eight months and sold it for approximately a $15,000
increase in cost, okay. And that trust couldn't have been -- because it
was a trust, not an individual, could not have been income qualified,
all right?
In summary, you know, you've got CDBG funds in the amount of
$427,473 that were spent, SHIP funds of$200,000 for a total of
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$627,473. You've got total construction costs paid to BCBE. You're
going to have to explain to me the differential between the 410 and
this one.
CLERK STAFF MEMBER: 461 is the total construction cost
BCBE spent rehabbing the houses. The 410,800 is unsupported of
that 461. We had support for that difference.
MR. BROCK: Okay. The 461 is all of BCBE's costs. 410 is the
unsubstantiated costs, okay? Does that make sense now? I
understand the differential.
COMMISSIONER HILLER: Yeah, yeah.
MR. BROCK: Okay, the portion or percentage of the grant funds
that was spent on BCBE is approximately 73.5 percent of the funds.
I have the auditor from CliftonLarsenAllen if any of you have
any questions for him.
CHAIRMAN HENNING: Yeah, before we get to questions,
Tim, would you go back there and see if Commissioner Coyle is here
and if so, if he wants to participate in the meeting? Thank you.
MR. DURHAM: Yes, sir.
CHAIRMAN HENNING: Thank you.
Any questions for Dwight Brock or the auditor?
MR. BROCK: I have one other item I want to address.
CHAIRMAN HENNING: Is it a different one than the audit?
MR. BROCK: Yes -- well, no, it's the audit.
CHAIRMAN HENNING: Oh, okay.
MR. BROCK: But in Mr. Barlow's letter to you, he said well, I
had $150,000 in administrative costs.
Well, now, let's understand that under the CBDG protocol the
Board could have approved: One, using the money for mortgage
buy-down assistance. It did not.
And two, it could have approved those funds for use of
administrative costs for the recipient, for H.O.M.E. It didn't.
But let me explain to you another problem with the
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administrative costs. If in fact you authorize the use of administrative
funds by H.O.M.E., since those funds have been taken by the county
to fund the Housing Department, you're going to have to pay it back.
You understand what I'm telling you? You can't give them to
somebody else. There's a limitation in the amount you can spend for
administrative fees. The county takes the administrative fees to run
Housing.
CHAIRMAN HENNING: You know, that wasn't a part of the
agreement.
MR. BROCK: It wasn't a part of the agreement. And it didn't
happen. It was not approved. We've already run it by the Housing
Department and they didn't approve that, they understood that.
And I want to give, you know, some thank yous and
congratulations to these ladies that are now working in Housing. And
I don't know what it is, HVVS or HUVS or something, okay? It is a
totally different environment that we're dealing with over there. And
we have a symbiotic relationship where we work together, they work
with us. County Attorney's Office has an attorney that works well
with us. And they understand and, you know, we have dealt with
them and they told them you can't do this. Those administrative fees
the county takes, but yet it shows up in that response.
Ladies and gentlemen, to conclude all of this, okay, you know, I
have heard it said that why do we care, it's not our money. Ladies and
gentlemen, if that's the approach you're going to take, we need to get
out of this business. This is our money. It is the taxpayers' money.
We either need to preserve the taxpayers' money and be fiduciaries of
that money as we are challenged in our role as elected officials, or we
need to go do something else.
I can tell you, I'm going to make a referral to law enforcement
with regard to this. And I think we need to do something to try to
recover the proceeds of this process. But I would like for this Board to
put on some big boy pants and go with me so that we can stand unified
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as opposed to it being us versus the Clerk's Office, as an email we
received from a county staffer said.
CHAIRMAN HENNING: Former county staffer?
MR. BROCK: I believe it is a former county staffer. Yeah,
former county staffer. Good point.
But we need to work together here and not -- in making sure that
this is cleaned up, making sure that others understand that this type of
conduct will not be condoned.
CHAIRMAN HENNING: Tim, is Commissioner Coyle going to
participate?
MR. DURHAM: No, sir, he left.
CHAIRMAN HENNING: Okay. I did not know that.
We have lights all over. Who started out first? Ladies first. Yes.
COMMISSIONER HILLER: Thank you for the presentation.
I did a quick reconciliation using your presentation, and based on
that there is, by my understanding, about 635,000 in federal funds that
are due back to the county that needs to go back to the feds, unless the
feds would allow us to keep it, I don't know. But very clearly that
635,000 approximately is what is owed by this entity.
And I agree with you that we need to go after these people. And
if you are going to go to law enforcement, I'll go with you. You have
my support.
I'm very concerned. What I did is, I did read over the audit
prepared by the auditor, the external auditor. He identified $75,000 in
program income that needed to come back. He identified the 410,000
in the construction costs which were unsubstantiated which in effect
means they don't exist, that they weren't made. There's the issue of the
double counting. And then you have 158,000 in administrative costs
which were disallowed since they were never permitted.
So when you add all of that together you come up with a number
that I addressed, or identified, I should say, the 635.
The further concern that I have, which is why I am -- I feel that it
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really definitely has to go to law enforcement on top of everything
else, you know, besides the conflicts we've identified with respect to
the construction, is the mortgage buy-downs where essentially
H.O.M.E. decided to leave money on the table to make the properties
that were appraised at certain dollar values less so less would have to
be financed.
And the big concern I have there is that the bank that funded
these mortgages was the Bank of Florida Southwest, which was taken
over -- it was a troubled bank. And the individual who sat on the
board of that bank was also on the Board of H.O.M.E. And so we
have mortgages being made by a troubled financial institution about to
be taken over by the regulators and the board member who sits on the
board of that bank who was told by the regulators, as were all the
board members that, you know, you're not doing your job, you're not
properly underwriting, gets these properties financed. Which is the
only way this entity could have pulled cash out and pocketed cash and
walked away with cash. That properly needs to come back to the
taxpayers.
It's a very, very disturbing, very disturbing picture.
Can I ask the auditor to step forward.
MR. BROCK: You may have to wake him up.
MR. LAFLIN: I'm awake.
COMMISSIONER HILLER: Glad to hear it.
Is my description correct? Do you find fault -- have I incorrectly
summarized my understanding of your findings? And in effect what is
not substantiated and therefore, in my mind, having formerly been an
auditor, I mean, if a client -- if I asked a client, you know, prove to me
you made the expense and he can't show me that he made the expense,
from my standpoint when I look at the financial statement, that
expense doesn't exist.
MR. LAFLIN: No, I mean, that's absolutely true.
COMMISSIONER HILLER: That's basic auditing validation
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tick tie trace 101?
MR. LAFLIN: Right. We --
MR. OCHS: Identify yourself for the record.
MR. LAFLIN: Sure. Andrew Laflin with CliftonLarsonAllen,
LLP.
THE COURT REPORTER: Could you spell your last name?
MR. LAFLIN: L-A-F-L-I-N.
So yes, as Mr. Brock mentioned, we received just two pages of
invoice support from BCB. And as he noted, they were far and away
the largest rehabilitation expenditure. As we've asked numerous
times, that was never provided, so we cannot make any conclusions as
to the validity of the numbers. And as I mentioned in the report, we
cannot make any conclusions as to whether or not there was
duplication of costs from other rehab related costs that we had
reported --
COMMISSIONER HILLER: The conclusion you can make is in
the absence of evidence it can't exist. And unless they are
forthcoming with the evidence to prove the truth of what they're
representing, there is no proof.
MR. LAFLIN: That's true.
COMMISSIONER HILLER: And it's not there.
So, I mean, this is a big deal. We're dealing with a lot of money.
Yeah, I do think this does need to go to law enforcement for a
whole host of reasons. But we also have to as a county and as the
Board in our capacity of fiduciaries actively engage in recovering this
money.
So I think what we need is some guidance on how we can do
that. County Attorney?
MR. KLATZKOW: Yeah, the County Manager and I have
spoken about this a couple of times.
COMMISSIONER HILLER: Who's that?
MR. KLATZKOW: The County Manager and I spoke about this
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a couple of times. And with the Board's indulgence what we'd like to
do is get with HUD and our respective staffs and look into this to see
what can be done.
CHAIRMAN HENNING: Okay, wait a minute. They didn't live
up to the agreement, so what are we going to do about that?
MR. BROCK: Let me suggest to you, you don't get with HUD,
you get with the Inspector General's Office with HUD.
Let me tell you why I say that, okay. I had a --
COMMISSIONER HILLER: I agree with that.
MR. BROCK: I had a meeting with representatives was HUD
who we were requesting documentation to support expenditures that
were being claimed, and HUD's comment to us was well, you know,
can't we just, you know, like, you know, just as opposed to it being an
A on there having all of the backup and paperwork, can't we just be
satisfied with a -- was it a C, Crystal -- with a C? That's what they do
in New Orleans.
My problem with HUD is I'm not sure they wouldn't agree to
anything. I think it needs to go to the Inspector General's Office.
COMMISSIONER HILLER: It does, it does.
MR. BROCK: -- of HUD.
COMMISSIONER HILLER: It does.
MR. BROCK: And it needs to go underpinned from this Board.
COMMISSIONER HILLER: I agree.
Commissioner Henning, would you do that? Would you --
CHAIRMAN HENNING: Is there a motion?
COMMISSIONER HILLER: Well, I'm asking before I make a
motion. I'm going to make a motion, but I want to ask you if you
would be willing to do that. Would you be willing to write the letter
to the Inspector General, appropriately requesting that they investigate
this matter?
CHAIRMAN HENNING: Yeah, along with the -- it would have
to be a letter -- a co-letter.
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January 14, 2014
MR. BROCK: Clerk would be glad to work with you.
CHAIRMAN HENNING: Yeah, it would have to be from the
Clerk and the Chairman on behalf of the Board.
COMMISSIONER HILLER: Then I'll make the motion to that
effect, that the Chairman of the Board and the Clerk jointly write a
letter to the Inspector General about this matter and ask him to
investigate and assist in the repatriation of these dollars for the benefit
of the taxpayers.
CHAIRMAN HENNING: Is there a second to the motion?
I'll second that for discussion.
Who was next, Commissioner Fiala?
COMMISSIONER FIALA: Yes. As we've humiliated, flogged
and disgraced this man and then taken him to crucifixion without him
ever having the benefit of being here or having anybody represent him
or counsel represent him, I've just gone through a few of his pages
here. And he was saying that the Clerk had embarked upon an internal
audit and so forth, and they had asked for certain paperwork and he
said he produced -- this is what was in his letter. I didn't see him. But
he produced 740 pages of documents to the Clerk in addition to
documents already provided to the county or that were otherwise in
the county's possession.
And then on December 6th I emailed Allison Kearns who was
conducting the Internal Audit for the Clerk and said I hope you have
the information you need. Ms. Kearns emailed back and said, thanks,
John, it appears that everything is in order. The Clerk's audit dated
February 12th, 2012 was finally sent to me on May 12th. I took issue
with some of the comments and conclusions as stated to this Board at
an open meeting. Nevertheless, it appeared that the internal audit
process was finally over.
MR. BROCK: Commissioner Fiala, may I respond to that
statement? Just to that statement that you've just read?
COMMISSIONER FIALA: Yes. I would love to make the rest
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of them.
MR. BROCK: Okay, you can make it, but I just want to respond
to that one statement where he took an excerpt of my employee.
Now let me tell you what transpired there. They sent reams of
paper to my employee one afternoon, then sent her an email. And she
responded and says, everything seems to be in order. She hadn't had a
chance to go through it. The very next sentence in the response,
which is left out, is: I will be back with you shortly.
And then when she went through the paperwork and was able to
respond, that was when she discovered that this stuff that she had
requested was not there.
I like how people like to take phrases and comments out of
context without putting them into complete context to fully explain
what was transpiring.
COMMISSIONER FIALA: Kind of like what you're doing, isn't
it.
MR. BROCK: My employee did not tell them that the records
were all in order by any stretch of the imagination.
COMMISSIONER FIALA: Well, it's kind of what everybody
does --
CHAIRMAN HENNING: Please continue.
COMMISSIONER FIALA: -- don't they?
Yes, well, I'm just responding.
And so the second thing is it says here, I don't know that, he says
you'll notice H.O.M.E. expended $270,000 plus of its own funds to
purchase several additional foreclosed homes. H.O.M.E. also spent
$397,000 plus of its own funds to rehabilitate them with no federal or
state grant assistance.
But probably because he didn't produce that he doesn't get any
credit for that, right? So he has to instead be flogged publicly.
So then, let's see. The man is a multimillionaire. Let's face it, I
mean, he doesn't need $600,000. I think he eats that for lunch.
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January 14, 2014
But anyway, setoff results. It says here, the setoff results and
there being no program income at the end of H.O.M.E's activities and
purchasing, rehabilitating and selling foreclosed properties for the
affordable housing.
I'm sorry, I didn't finish all of that. Which was then what we were
talking about with the funds that I just mentioned.
But here's something else that I wanted to say. It says Mr.
Ackerman -- Ms. Ackerman, who works for the County Grant
Compliance, found that over $100,000 in expenses were eligible for
setoff against the program income, but the auditing firm said these are
CDBG eligible activities to spend program income, but they indicate
they did not consider these items because H.O.M.E. did not expressly
cite them.
And I think this is what happens in so many of these cases. We
give partial stories, partial stories, and we lead people to think one
thing without -- you know, there's a way that you can say anything so
you can imply something. But, you know, maybe there's just a little
part of the story that isn't being reflected because it makes them look
badder if you don't -- worse, I mean -- if you don't reflect those things.
So it just makes me feel very uncomfortable with all of this stuff.
And I could never sign anything that says he has to go to the cops -- I
mean the cops have to go after him. Because I saw him spend money.
I actually saw him spend money on these things all by himself, never
asking for reimbursement but going in and outfitting some of these
houses. He was just so proud of-- he would put furniture and
everything in there so that the people moved into a house that they
could settle right into. Of course he didn't ask for any credit, he
wanted to do this. What he was trying to do, and this is how he started
out, he was trying to start out trying to help people who were needing
a second chance to buy a home but couldn't afford anything
themselves. And this is how -- this is his thanks, by the way. But then
he shouldn't have run against the Clerk either, I guess.
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January 14, 2014
CHAIRMAN HENNING: Okay. Are you done with that
political comment?
COMMISSIONER FIALA: Yes, I am. But he made some, so I
was allowed to.
CHAIRMAN HENNING: I don't recall that, but --
MR. BROCK: I want to comment to some of the things she said,
however.
If in fact everything that he did is on the up-and-up, it's very
simple to solve. All he has to do is give us the records. But he refuses
to do that.
The $100,000 mentioned by Maria Ackerman, now let's
remember that that is the same employee that wrote the email that said
we're helping him fight the Clerk.
But in addition to that, that is the $100,000, Commissioner Fiala,
that is administrative costs.
Now, I don't know who it was that stole it, but either the county
stole it or he stole it. Because both of you can't claim it. So you all
choose and let me know.
CHAIRMAN HENNING: It wasn't in the contract.
COMMISSIONER FIALA: I just wanted to ask one more
question, and this is just a very legitimate, honest question.
You say that he had no records to show he didn't spend money,
right? Is that what you said?
MR. BROCK: That is correct.
COMMISSIONER FIALA: If he didn't spend the money, how
would you have any records to know you didn't spend the money? I
don't understand that. I mean, just as a person, how can I prove I
didn't spend money on groceries when I didn't spend money on
groceries?
MR. BROCK: I'm not asking him to prove a negative, I'm asking
him to prove a positive. Provide me with the records that support what
you're saying you spent.
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January 14, 2014
Problem is you can't commingle funds in the government with
private funds, Commissioner. You're not catching the drift. You can't
do it. When you do that, it loses its identity and it becomes wrong.
But assuming that he is correct and he did it, just give me the
documents that will allow me to show that. And then I can either
substantiate what he's saying or I can disprove it. And then we'll fight
the battle of whether or not that's appropriate. But he won't even do
that, okay.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, I would like the County
Attorney and the Clerk to take a look at this and come back with a
relatively simple analysis for my benefit which basically says how
much money in exposure you all think the county has for not having
conducted the program conscientiously, if any, and how much money
is unaccounted for so we can get a scope of-- you know, what my
basic query is, how much money should we spend? Do we have to
defend ourselves, or how much money should we spend to track this
money down? What's a reasonable outcome going to be?
I mean, I have no objection to turning it over to authorities to
investigate it if we can't verify or we can't get the information we
need. But --
MR. BROCK: Commissioner, the horse is already out of the
barn. I can assure you, I'm going to law enforcement. I'm going to let
them make the decision. That's not my call. That's what I did 27 years
ago -- or 21 years ago. I don't do that anymore. They're going to get
it.
What I'm suggesting to you is you also take it to the Inspector
General -- I'm not asking you to do anything else -- the Inspector
General and let them look at it and tell us what they see. We don't
have to spend any more money. Just write a letter to them and say,
you know, here it is, here's the audit, we want you to investigate it.
COMMISSIONER NANCE: If that's what everybody is in
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January 14, 2014
agreement with, I have no problem with it.
CHAIRMAN HENNING: Okay. Before we vote on the motion,
I just want to say, you know, I remember, correct me if I'm wrong,
bills were submitted for payment but there was no sub-recipient
agreement? Or was it that he couldn't get the funds until he signed the
COMMISSIONER NANCE: Sub-recipient agreement.
CHAIRMAN HENNING: -- the agreement, subsip -- what do
you call it?
COMMISSIONER HILLER: Sub-recipient.
CHAIRMAN HENNING: Sub-recipient. Sub, I forgot that the
word, recipient.
MR. BROCK: I think he was claiming, oh, I don't need an
agreement with the county to do this. And you specifically took the
position, wait, county doesn't give money away without an agreement.
CHAIRMAN HENNING: Yeah. Well, no, I remember that.
But it was a fight for months, literally months. Emails, you know,
public --
MR. BROCK: I was not party to the negotiations, so I can't
speak to that.
CHAIRMAN HENNING: Was that prior to receiving the money
or prior to submitting --
MR. BROCK: Oh, I can assure you the agreement was prior to
receiving the money, yeah.
CHAIRMAN HENNING: Okay, yeah.
And yeah, I went and looked at the house. Who wouldn't want a
house with flat screen TVs? Not even my mother --
MR. BROCK: Granite countertops.
CHAIRMAN HENNING: Not even my mother gave me a flat
screen TV, let alone a house. Didn't give me a house or a flat screen
TV. I mean, holy crow, not even Habitat for Humanity does that. So
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January 14, 2014
COMMISSIONER HILLER: They'd make a lot more money if
they did, based on how their --
MR. BROCK: From my perspective, you --
CHAIRMAN HENNING: So yeah.
MR. BROCK: -- can criticize him for a lot of things, but I don't
make political decisions like that. And what he did with the houses is
not my business. What he did with the money is my business.
CHAIRMAN HENNING: And anyways, I don't want to make
this a who got political donations and who didn't get political
donations, but the whole issue is we need to clear it up. It is the public
funds and we have the fiduciary duty to expend the public funds
correctly. And you have the fiduciary duty that you are the auditor
and custodian of all public funds. So we need to work together to
resolve this. And the only way you're going to do that is what the
motion calls out for.
MR. BROCK: I agree.
CHAIRMAN HENNING: No discussion more -- oh, there's a
public speaker on this one?
MR. MILLER: I do not believe Mr. Naegele is still here. Bob
Naegele?
MR. BROCK: Mr. Naegele had to leave. He came by and told
me he had to leave.
CHAIRMAN HENNING: Okay, all in favor of the motion,
signify by saying aye.
Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Motion carries 3-1, Commissioner
Fiala dissenting.
I think we're in communications now, right?
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January 14, 2014
MR. OCHS: Sir, we have one more item under County
Attorney's Report, Item 12.A.
COMMISSIONER HILLER: One more thing, Commissioner
Coyle is absent too.
CHAIRMAN HENNING: And Commissioner Coyle is absent,
yes.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: You have two more items, Mr. Chair. You have
your public comments on general topics and you have Item 12.A.
Would you like to go to public comment?
CHAIRMAN HENNING: Yes, please.
MR. MILLER: I have several here. I do not think any of these
people are still here. Kathleen Bruns?
(No response.)
CHAIRMAN HENNING: Next.
MR. MILLER: Abbe Drossner?
(No response.)
MR. MILLER: These were all related to La Peninsula.
Andrea Leach and Anthony Pires.
(No response.)
MR. MILLER: That's it. That's all I have, sir.
CHAIRMAN HENNING: Okay.
Item #12A
APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO
THE COUNTY CANVASSING BOARD FOR THE 2014
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January 14, 2014
ELECTION CYCLE - MOTION TO APPOINT COMMISSIONER
HENNING AS REGULAR MEMBER AND COMMISSIONER
FIALA AS ALTERNATE AND DUDLEY GOODLETTE AS
SECOND "EMERGENCY" ALTERNATE — APPROVED
MR. OCHS: Mr. Chairman, that will take you to Item 12.A,
which is the recommendation to appoint a member and an alternate
member to the County Canvassing Board for the 2014 election cycle.
CHAIRMAN HENNING: That's your item?
MR. KLATZKOW: Yeah. I brought this item at the Supervisor
of Elections' request. She's --
CHAIRMAN HENNING: Okay, is there a --
COMMISSIONER HILLER: Dudley Goodlette has offered to
be the alternate.
COMMISSIONER FIALA: This is for the Canvassing Board?
MR. KLATZKOW: Canvassing Board.
COMMISSIONER HILLER: Dudley Goodlette offered to be the
alternate.
COMMISSIONER NANCE: The Chair has to be the member;
am I correct?
MR. KLATZKOW: Doesn't have to be. The issue here is
normally all things being equal, the Chair would be on the Canvassing
Board and then you'd have another one of you as an alternate. But
there's a provision that if you're running for office, you can't be doing
it. If you're supporting someone running for office you shouldn't be
doing it.
CHAIRMAN HENNING: I'm not supporting anybody.
COMMISSIONER FIALA: You know, and I wouldn't mind
doing it either. Doesn't make any difference to me. It's whatever --
COMMISSIONER HILLER: I'm running for office, I'd love to
do it. Just kidding. I had to say that.
COMMISSIONER NANCE: I'll make a motion to nominate
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January 14, 2014
Commissioner Fiala to be the chair -- to be the official member of the
Collier County Canvassing Board for the 2014 election cycle.
COMMISSIONER HILLER: I'll second that.
CHAIRMAN HENNING: Question. That's in the summertime
when we're on break. Are you going to be here?
COMMISSIONER FIALA: Actually, I was talking to Jennifer
about it before I said anything here. Because Jennifer said, you know,
usually I'm gone in August. And Jennifer said Dudley Goodlette
would fill in if I wasn't here.
COMMISSIONER HILLER: He sent an email to that.
CHAIRMAN HENNING: You're saying that you're not going to
be here?
COMMISSIONER FIALA: For August. Yeah, I guess there's
one meeting in August or two, I don't remember which it is. But he
will be here. I haven't made my plans, so, you know.
CHAIRMAN HENNING: So you're going to try to fill your
commitment?
COMMISSIONER HILLER: Well, you've got two. You've got
the primary and you have the general too.
COMMISSIONER FIALA: Well, I'm here the rest of the time.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: Okay. Is there any speakers on this
one?
MR. MILLER: No, sir.
COMMISSIONER HILLER: Well, the only issue is, I mean, if
Commissioner Fiala isn't sure, you know, then maybe it should be
Commissioner Henning.
CHAIRMAN HENNING: Again, under the statute, it would be
Commissioner Henning unless he's got an excuse not to do it.
COMMISSIONER HILLER: Okay. So we really should be
nominating Commissioner Henning.
MR. KLATZKOW: And Commissioner Fiala could be the
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January 14, 2014
alternate.
COMMISSIONER FIALA: Sure, if you would prefer to do it, I
don't care.
CHAIRMAN HENNING: No, it's not a preference, I just --
COMMISSIONER HILLER: Do you want to do it?
CHAIRMAN HENNING: Yeah. I mean, I'll do it, yeah.
Is that lobster season?
MR. KLATZKOW: I wouldn't know, sir, I'm not a fisherman.
CHAIRMAN HENNING: Yeah, I'll do it.
So is there any action that we need to take?
MR. KLATZKOW: You should vote on it. My understanding, it
would be the Canvassing Board member with Commissioner Fiala as
the alternate?
COMMISSIONER HILLER: Well, isn't Dudley Goodlette the
alternate?
MR. KLATZKOW: No, no, no, he volunteered to do it if
nobody else -- if he didn't have to appear, he'd volunteer --
COMMISSIONER HILLER: Okay, so --
COMMISSIONER NANCE: I will amend my motion to
nominate Commissioner Henning as the member, and Commissioner
Fiala as the alternate member.
COMMISSIONER HILLER: And I will amend my second to
match the amended first.
CHAIRMAN HENNING: And if I'm not here, you'll be here in
August?
COMMISSIONER FIALA: All September, October, November
COMMISSIONER HILLER: Can we have a third? Can we have
CHAIRMAN HENNING: August.
COMMISSIONER HILLER: -- Dudley Goodlette as our
backup, backup, backup? Because I don't think either of these guys
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January 14, 2014
are going to be here, you know. I got the feeling that Commissioner
Henning is going to be fishing and Commissioner Fiala is going to be
making Amish cheese up somewhere in Amish land.
MR. KLATZKOW: It's your prerogative to have a second
alternate, if you'd like.
COMMISSIONER HILLER: I think we should have a second
alternate. And could you amend your motion to make Dudley
Goodlette the second alternate?
COMMISSIONER NANCE: I'll nominate Commissioner Coyle
-- excuse me, Dudley Goodlette.
COMMISSIONER HILLER: He's going to be in Oregon.
COMMISSIONER NANCE: Okay, I will --
COMMISSIONER HILLER: Dudley is the only dependable --
COMMISSIONER NANCE: -- modify my motion to add --
COMMISSIONER HILLER: -- non-fishing non-Amish,
non-Pacific Northwest guy.
COMMISSIONER NANCE: -- to add Dudley Goodlette as an
emergency alternate.
CHAIRMAN HENNING: Because he doesn't have a life.
COMMISSIONER HILLER: That's correct.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: I'm amending my second aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Thank you. Commissioner Nance
made the motion. Commissioner Hiller made the second as amended.
And it passed unanimously.
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January 14, 2014
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that now takes you to Item 15, staff
and commission general communications.
My only communication is to remind the Board we have a
February 4th workshop that's on your schedules, and I would like to
proceed with that workshop to go over a few topics.
CHAIRMAN HENNING: Please do.
MR. OCHS: I'll get with your aides --
COMMISSIONER NANCE: What are the topics, sir, just to
remind me?
MR. OCHS: First a brief review of your county's strategic plan
which is in order just before we bring your budget guidance in
February to make sure your primary focus areas are still consistent
with your plan.
I wanted to do a brief overview of your 800 megahertz radio
system that's in need of upgrade and is budgeted, but we wanted to
spend some time answering any questions you may have after a brief
staff presentation on the need for the upgrade.
And then finally, Mr. Casalanguida and I would like to put some
future stormwater issues and initiatives in front of you, just again as a
precursor to some of the budget policy-setting decisions you'll need to
make in late February.
COMMISSIONER NANCE: So there's three items?
MR. OCHS: Yes, sir.
COMMISSIONER FIALA: And Mr. Chairman, County
Manager, I'm going to be just a little bit late there, maybe a half an
hour late that day, maybe 45 minutes however long it takes me to get
back.
CHAIRMAN HENNING: Okay.
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January 14, 2014
MR. OCHS: That's the only communication I have today, Mr.
Chair.
CHAIRMAN HENNING: Jeff?
MR. KLATZKOW: None, sir.
CHAIRMAN HENNING: Ladies first. Commissioner Fiala?
COMMISSIONER FIALA: Nothing -- oh, wait a minute, yes.
You did a good job.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: Yeah, nice.
CHAIRMAN HENNING: Are you the second lady or the first
lady? Anyways, you're next.
COMMISSIONER HILLER: We're ladies of equal statute.
Because we're a board of equals.
Yeah, you did a very nice job. Thank you very much for leading
us through a meeting that had some difficult moments. And yeah,
welcome back, Happy New Year.
And I think we should all make a commitment to exercise three
times a week. I think we should all make a commitment to eat
healthy. I think we should all make a commitment -- and we should
do this collectively. I think we should do a group weigh-in and we
should make a commitment to lose what, like a certain percentage of
our weight? Like five percent?
MR. OCHS: I thought you were just looking at the Board
members.
COMMISSIONER HILLER: Oh, no, no, no, no, Leo.
And by the way, go Bruins. And go Patriots. Sorry.
MR. OCHS: You're killing me.
COMMISSIONER HILLER: Just saying.
CHAIRMAN HENNING: Anything else?
COMMISSIONER HILLER: Well, go Canadians, if the Bruins
lose. I'm just saying, just throwing a few things in there. That's it.
Really, it's really -- no, it's going to be a good year and I think
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January 14, 2014
we're all looking forward to just building on the very strong base we
have.
And I just wanted to mention one thing, Leo. I think people do
need to understand that the staff that didn't do what they should have
done with respect to the H.O.M.E. grants is not here, and that you
have all new staff, new leadership in that division both at the top and
at the --
MR. OCHS: Department level.
COMMISSIONER HILLER: Department level.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: And so to that end I think it's
important that people don't look to the current leadership as being
responsible for what the past leadership did. And that was a very
good decision on your part to make those changes.
MR. OCHS: Thank you.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, I just want to say that I'm
very much looking forward to the next year. There's a lot of focus
regionally on economic development. We've got Commissioner Hiller
working in a new capacity and I know she's going to be dedicating
quite a bit of time to that.
I think there's a lot of opportunity within growth management in
the county to examine our growth management plans and take a look
at some of the things that are kind of in the queue that we opened up
during our workshop to examine opportunities, particularly in the
eastern part of the county, to locate properties and to locate property
owners that are interested in economic development and see if we can
take a look at some of those plans and see if we can update them. I
know several of them, including the Golden Gate Area Master Plan
and the Rural Fringe Mixed Use District master plan, with all its
various overlays. I'm working with stakeholders out there now to see
if they are indeed interested in talking to staff and seeing if it's
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January 14, 2014
appropriate to examine some of these things and see if it's timely with
where we are in our economy and with our experience so far with
some of those programs to see if updates aren't appropriate and could
possibly be meaningful and head us in the right direction.
So I look forward to those things.
As an aside, on the consent agenda today, I just wanted to
mention just on the public record that I'm very, very happy to say that
we are officially over with the red light camera in Florida. And just
within that summary there are some numbers there that indicated that
the gross number of fines that we levied in our county on our citizens
and visitors were $3.85 million in total. We received as the county
$1/57 million and sent to ATS in Arizona $2.16 million.
I hope that the state's actions don't hold us accountable for
returning any of that money. I know it's in the court systems and
general many, many areas have found them to be disfavorous (sic) as
we have. But I think in the end that's a good thing and I don't hear any
grumbling from any of our winter visitors about the fact that we've
kind of gone through that process. So I think that's positive. I hope
everybody had a great holiday and we're ready for a new year. Thank
you so much.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Okay, Commissioners, back in June I
had an executive summary on the agenda asking for the county's
participation in the merging of East Naples and Golden Gate Fire
Districts. Look for ways for efficiencies for cooperation with the
county.
And the other item on there was to direct staff to work with the
independent fire districts about bringing in fire plan review and
inspectors within the county.
I'm happy to report that North Naples Fire District last Thursday
voted to do a similar thing and there'll be a few actions on the Board's
agenda in the future.
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January 14, 2014
Subsequently, because of that action, East Naples and Golden
Gate is going to have a workshop which staff is going to attend, I
think I'm going to attend if I'm not in Tallahassee, to just provide how
efficient we can do things, kind of like our response, you know, if we
can --
COMMISSIONER FIALA: Are you talking fire inspections?
Excuse me, so I know what you're talking about.
CHAIRMAN HENNING: Yeah, like I said, fire plan review and
inspection.
If we can do that, you know, simultaneous review with using one
program to review those plans, at the end of the day we can get a
better product out to the customers.
So Nick and especially Camden has done a fabulous job with
putting together a presentation and a proposal.
COMMISSIONER FIALA: So you said East Naples and Golden
Gate are actually thinking of doing that as well?
CHAIRMAN HENNING: Well, they're having a workshop in --
COMMISSIONER FIALA: When is it; do you know?
CHAIRMAN HENNING: Is it the 29th of January? At 3:00,
3:00 to 5:00 at the fire plan review building. Correct. That's on
Horseshoe Drive, right next to community development.
And I have several appointments with commissioners to bring
them down to community development to kind of show the process
that we have.
COMMISSIONER FIALA: You mean fire commissioners?
CHAIRMAN HENNING: Yep. And if you would like to go, I'll
COMMISSIONER FIALA: I would love to go.
CHAIRMAN HENNING: Okay. Well, I won't be going then.
Because it might be a sunshine law violation.
COMMISSIONER HILLER: You guys can go, you just don't
have -- you can either notice it or you guys can go but just don't
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January 14, 2014
communicate with each other on that issue --
COMMISSIONER FIALA: I think this is a monumental thing in
helping us to move forward.
CHAIRMAN HENNING: Yeah, I think so too.
So that's just my report, and I'll entertain a motion to adjourn,
along with a second.
And by the way, your nails are absolutely lovely. They match
your watch.
COMMISSIONER HILLER: Thank you, they do. It's like I'm
totally coordinated. And I just wanted you to know, my toes are gold
because it's -- hey, I'm just saying.
CHAIRMAN HENNING: Don't say anything on that.
COMMISSIONER HILLER: Let me say something --
COMMISSIONER NANCE: I make a motion to leave the toes
alone at this point. We'll continue that.
COMMISSIONER HILLER: Do you want to see the tattoo on
my ankle?
CHAIRMAN HENNING: Is there a second?
COMMISSIONER FIALA: Second.
COMMISSIONER HILLER: I have a tattoo on --
CHAIRMAN HENNING: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: We're adjourned.
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January 14, 2014
**** Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RECORDING THE FINAL PLAT OF CAMDEN LAKES PHASE 2,
(APPLICATION NUMBER PPL-PL20130000523) 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 FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A2
RESOLUTION 2014-01 : NOTICE TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF THE 30-
FOOT ROAD RIGHT-OF-WAY, UTILITY AND DRAINAGE
EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 565,
PAGE 29 AND ALSO A PART OF TRACT "OS-1 " OF SATURNIA
FALLS-PHASE ONE, PLAT BOOK 51, PAGES 1-26 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO
BEING A PART OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION
VAC-PL20130001629)
Item #16A3
RECORDING THE FINAL PLAT OF LAGOMAR AT FIDDLER'S
CREEK, (APPLICATION NUMBER PL-20130000866)
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January 14, 2014
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 FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A4
RESOLUTION 2014-02: AUTHORIZING THE WRITE OFF OF
ALL REMAINING UNCOLLECTED FEES/FINES RELATED TO
THE AMERICAN TRAFFIC SOLUTIONS (ATS) TRAFFIC
INFRACTION DETECTOR PROGRAM (TIDP), ALSO KNOWN
AS THE RED LIGHT RUNNING CAMERA ENFORCEMENT
SYSTEM
Item #16A5
CHANGE ORDER NO. 1 TO CONTRACT #09-5262CI IN THE
AMOUNT OF $10,850 WITH CARDNOTBE, FOR
"INDEPENDENT PEER REVIEW FOR THE CHOKOLOSKEE
BRIDGE REPLACEMENT" OVER CHOKOLOSKEE BAY FOR
PROJECT NO. 66066.9.2 — FOR REEVALUATION AND
CONSULTATION OF THE REVISED 60% PHASE DESIGN
ENGINEERING DRAWINGS AND SPECIFICATIONS BEING
DONE BY TY LIN INTERNATIONAL UNDER CONTRACT #11-
5639
Item #16A6
A RELEASE OF LIEN IN THE AMOUNT OF $62,781 .15 FOR
PAYMENT OF $15,681 .15, IN THE CODE ENFORCEMENT
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January 14, 2014
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. J&C FRANCOIS FAMILY LTD. PARTNERSHIP, CODE
ENFORCEMENT CASE NO. CESD20110003690, RELATING TO
PROPERTY LOCATED AT 5349 GOLDEN GATE PARKWAY,
COLLIER COUNTY, FLORIDA — FINES ARE A RESULT OF A
FAILURE TO SUBMIT AN ANNUAL MONITORING REPORT
AS REQUIRED FOR THE PROPORTY THAT WAS BROUGHT
INTO COMPLIANCE IN APRIL 12, 2013
Item #16A7
A RELEASE OF LIEN IN THE AMOUNT OF $49,212.56 FOR
PAYMENT OF $562.56, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. WILMER ESPINAL, SPECIAL MAGISTRATE CASE NO.
CESD20110004390, RELATING TO PROPERTY LOCATED AT
5845 EVERGLADES BLVD. N., COLLIER COUNTY, FLORIDA —
PERTAINING TO AN UNPERMITTED STRUCTURE LOCATED
AT THE REAR OF THE PROPERTY THAT WAS BROUGHT
INTO COMPLIANCE BY THE CURRENT OWNER ON
OCTOBER 10, 2013
Item #16A8
A RELEASE OF LIEN IN THE AMOUNT OF $19,363 FOR
PAYMENT OF $3,113, IN THE CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS V.
SUMMER WIND 368 DELAWARE LLC, SPECIAL
MAGISTRATE CASE NO. CEPM20130004766, RELATING TO
PROPERTY LOCATED AT 5375 GRAND CYPRESS CIRCLE,
COLLIER COUNTY, FLORIDA — PERTAINING TO MISSING
AND DAMAGED HANDRAILS AT THE PROPERTY THAT
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January 14, 2014
WERE BROUGHT INTO COMPLIANCE BY THE NEW
MANAGEMENT ON AUGUST 30, 2013
Item #16A9
A PARTIAL RELEASE OF LIEN, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. CURTIS D. AND BRENDA BLOCKER,
CODE ENFORCEMENT BOARD CASE NO. CEB 2005-35,
RELATING TO RELEASE OF THREE CONDOMINIUM UNITS
LOCATED AT THE PORT OF THE ISLANDS RESORT, IN
COLLIER COUNTY, FLORIDA — UNIT A-103, UNIT C-130 AND
UNIT D-150
Item #16A10
RESOLUTION 2014-03: A REVISED NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM MANUAL ALONG WITH
ITS CONTAINED POLICIES, PROCEDURES AND
TECHNIQUES
Item #16A11
CHANGE ORDER #2 TO CONTRACT NO. 13-5993 FOR
PROJECT #60088 TO MIDWESTERN SOFTWARE SOLUTIONS,
LLC FOR CONSULTING SERVICES TO DEVELOP AND
SUPPORT A TRAFFIC COUNT SOFTWARE SYSTEM. THIS
CHANGE IS LIMITED TO PROJECT COMPLETION DATE AND
HAS NO FISCAL IMPACT — EXTENDING THE COMPLETION
DATE BY 180 DAYS
Item #16Al2
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January 14, 2014
A PERMIT TO CONDUCT THE ANNUAL ZIGGY DICKS
BARBEQUE, MUSICAL FESTIVAL, AND CARNIVAL ON
JANUARY 17TH, 18TH AND 19TH, 2014 LOCATED AT THE
GOLDEN GATE COMMUNITY CENTER, AND WAIVER OF
THE SURETY BOND IN THE AMOUNT OF $2,500 FOR THE
EVENT
Item #16B1
CRA RESOLUTION 2014-04: SUBMITTAL OF A DISASTER
RECOVERY INITIATIVE GRANT APPLICATION TO COLLIER
COUNTY TO FUND THE BAYSHORE GATEWAY TRIANGLE
CRA PINELAND AVENUE STORMWATER PROJECT IN THE
AMOUNT OF $56,570, AUTHORIZE THE CRA BOARD
CHAIRMAN TO EXECUTE THE SUBRECIPIENT
AGREEMENT, IF GRANT IS AWARDED, AND ALL
NECESSARY BUDGET AMENDMENTS
Item #16B2
CRA RESOLUTION 2014-05: SUBMITTAL OF A DISASTER
RECOVERY INITIATIVE GRANT APPLICATION TO COLLIER
COUNTY TO FUND THE BAYSHORE GATEWAY TRIANGLE
CRA KAREN DRIVE STORMWATER PROJECT IN THE
AMOUNT OF $154,120, AUTHORIZE THE CRA BOARD
CHAIRMAN TO EXECUTE THE SUBRECIPIENT
AGREEMENT, IF GRANT IS AWARDED, AND ALL
NECESSARY BUDGET AMENDMENTS
Item #16B3
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January 14, 2014
A TIME EXTENSION CHANGE ORDER #2 TO A WORK
ORDER ISSUED OFF CONTRACT #09-5262-CI BETWEEN THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (CRA) AND AGNOLI, BARBER & BRUNDAGE (ABB)
FOR DESIGN SERVICES ASSOCIATED WITH THE
COLORADO AVENUE IMPROVEMENT PROJECT IN
IMMOKALEE — EXTENDING THE PERFORMANCE PERIOD
TO DECEMBER 21, 2014
Item #16B4
AN EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT
AUTHORIZING PREMIER PLUS NAPLES REALTY, LLC, TO
MARKET AND SELL CRA OWNED PROPERTY LOCATED AT
4265 AND 4315 BAYSHORE DRIVE CONSISTING OF 17.89
ACRES
Item #16B5
THE SALE OF ONE SINGLE-FAMILY LOT LOCATED AT 2605
VAN BUREN AVENUE TO A.P. RICHTER HOLDING
COMPANY, LLC; AUTHORIZING THE CRA CHAIRMAN TO
EXECUTE ALL DOCUMENTS NECESSARY TO FACILITATE
THE SALE AND STAFF TO DEPOSIT THE FUNDS RECEIVED
FROM THE SALE INTO THE APPROPRIATE ACCOUNT AND
ALL NECESSARY BUDGET AMENDMENTS —
W/STIPULATIONS TO THE SALE
Item #16C1
RFP #13-6095, AN ANNUAL CONTRACT FOR
UNDERGROUND UTILITIES PARTS AND SUPPLIES, TO
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January 14, 2014
FERGUSON WATERWORKS, INC. — FOR REPAIRS TO
VARIOUS PUBLIC UTILITIES DIVISION ASSETS LOCATED
AT THE REGIONAL WATER TREATMENT AND WATER
RECLAMATION PLANTS, THROUGHOUT THE IRRIGATION
QUALITY RAW AND POTABLE WATER DISTRIBUTION
NETWORKS AND THE WASTEWATER COLLECTION
SYSTEM
Item #16C2
WORK ORDER UNDER REQUEST FOR QUOTATION #08-5011-
109 IN THE AMOUNT OF $332,100 TO KYLE CONSTRUCTION,
INC., FOR THE TAMIAMI WELLFIELD METER
REPLACEMENT PROJECT NO. 70085 — MAINTAINING
COMPLIANCE WITH SFWMD REGULATORY
REQUIREMENTS RELATIVE TO RELIABLE FLOW
MEASUREMENT FOR EACH OF THE 30 WELLS
Item #16D1
ONE (1) MORTGAGE SATISFACTION FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN IN THE
AMOUNT OF $23,000 — LOCATED AT 824 110 H AVENUE N.
Item #16D2
RESOLUTION 2014-06 (5310), RESOLUTION 2014-07 (5311)
AND RESOLUTION 2014-08 (5339): THE SUBMITTAL OF
FEDERAL TRANSIT ADMINISTRATION SECTIONS 5310, 5311
& 5339 FY2014/2015 GRANT APPLICATIONS AND
APPLICABLE DOCUMENTS TO THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT)
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January 14, 2014
Item #16D3
AMENDMENT NO. 1 TO THE HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM SUBRECIPIENT
AGREEMENT BETWEEN COLLIER COUNTY AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC.
(CASL) IN ORDER TO UPDATE THE REIMBURSEMENT
METHOD LANGUAGE AND ALSO MAKE NECESSARY
FISCAL FUNDING YEAR UPDATES. FISCAL IMPACT $0 —
ALLOWING FOR DIRECT PAYMENT VIA WIRE TRANSFER
Item #16D4
A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD, INC. WHICH WILL PROVIDE FUNDS TO ALLOW 150
CHILDREN TO RECEIVE FREE RECREATIONAL
OPPORTUNITIES DURING THE SCHOOL YEAR — FOR
CHILDREN OF IMMOKALEE
Item #16D5
"AGENCY HMIS AGREEMENT" BETWEEN COLLIER
COUNTY AND CATHOLIC CHARITIES DIOCESE OF VENICE,
INC. D/B/A CATHOLIC CHARITIES OF COLLIER COUNTY, AS
THE LEAD AGENCY FOR THE HOMELESS MANAGEMENT
INFORMATION SYSTEM WEB DATABASE CLIENTTRACK
AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE
TO SIGN AN HMIS BACKGROUND CHECK AGREEMENT
WITH EACH COUNTY STAFF USER
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January 14, 2014
Item #16D6
ONE (1) MORTGAGE SATISFACTION FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN IN THE
AMOUNT OF $2,500 — PROPERTY LOCATED AT 5202
HARDEE STREET
Item #16D7
AN AFTER-THE-FACT GRANT APPLICATION FOR A 3-YEAR
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE
ABUSE REINVESTMENT GRANT THAT IS PART OF THE
VICTIMS ADVOCACY ORGANIZATION (VAO) GRANT
PROGRAM (FISCAL IMPACT $1,713,049.86 OVER 3 YEARS) —
DUE TO RECEIVING THE ANNOUNCEMENT ON NOVEMBER
26, 2013 WITH A DEADLINE DATE OF DECEMBER 2, 2013,
STAFF WAS NOT ABLE TO COMPLETE THE APPLICATION
IN TIME FOR A BOARD MEETING APPROVAL
Item #16D8
TWO (2) SUBRECIPIENT AGREEMENTS AND ONE (1)
SUBSTANTIAL AMENDMENT FOR THE APPROVED U.S.
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS
PREVIOUSLY APPROVED FOR FUNDING IN FY2013-2014
HUD ANNUAL ACTION PLAN — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D9
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January 14, 2014
MODIFICATION #8 TO DISASTER RECOVERY INITIATIVE
(DRI) GRANT AGREEMENT #10DB-D4-09-21-01-K09
BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY (DEO) AND COLLIER COUNTY AND
APPROVE TWO ASSOCIATED SUBRECIPIENT AGREEMENT
AMENDMENTS — EXTENDING GRANT TIME PERIODS UNTIL
DECEMBER 21, 2014
Item #16D10
REIMBURSEMENT TO COLLIER COUNTY'S DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) LINE OF
CREDIT FOR A FY 2007-2008 EMERGENCY SHELTER GRANT
(ESG) PROJECT THAT EXCEEDED THE ESG ESSENTIAL
SERVICES CAP. REPAYMENT IN THE AMOUNT OF
$28,972.54 WILL REQUIRE THE USE OF HHVS CLIENT
SERVICES FUNDS (001-155930) AND RELATED BUDGET
AMENDMENTS — CERTAIN EXPENDITURES WERE
MISCLASSIFIED AND CERTAIN FUNDS WERE USED FOR AN
INELIGIBLE ACTIVITY
Item #16D11
A RESIDENTIAL LEASE AGREEMENT FOR THE PEPPER
RANCH PRESERVE, 6315 PEPPER ROAD, IMMOKALEE, FL
34142 FOR OVERNIGHT AND WEEKEND SECURITY
PRESENCE — LEASE IS YEAR TO YEAR AND TERMINATES
UPON LESSEE LEAVING FFWCC EMPLOYMENT
Item #16D12
Page 218
January 14, 2014
A REVISED STANDARD COLLIER COUNTY PARKS AND
RECREATION INSTRUCTOR CONTRACT SERVICES
AGREEMENT FORM AND AUTHORIZE THE COUNTY
MANAGER OR HIS DESIGNEE TO ENTER INTO THESE
AGREEMENTS WITH THE INSTRUCTORS, ISSUE PURCHASE
ORDERS AND PAYMENTS WITHOUT ADDITIONAL BOARD
APPROVAL — REVISING THE INSURANCE REQUIREMENT
SECTION OF THE AGREEMENT
Item #16D13
AMENDMENT #3 TO THE DAVID LAWRENCE MENTAL
HEALTH CENTER, INC. (DLC) AGREEMENT, TO IDENTIFY
FUNDING BY PROGRAM AREA RATHER THAN BY SUB
CATEGORIES, AND ACCORDINGLY REALIGN
PERFORMANCE OUTCOMES. (FISCAL IMPACT $1,385,040)
Item #16D14 — Moved to Item #11E (Per Agenda Change Sheet)
Item #16D15 — Moved to Item #11F (Per Agenda Change Sheet)
Item #16E1
AFTER-THE-FACT APPROVAL OF THE ASSISTANCE TO
FIREFIGHTERS GRANT APPLICATION THAT WAS
SUBMITTED TO THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR THE PURCHASE OF 82
MOBILE RADIOS AND 94 PORTABLE RADIOS IN THE
AMOUNT OF $671,662 ($604,496 GRANT AND $67,166
COUNTY MATCH)
Item #16E2
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January 14, 2014
REPORTS AND RATIFY STAFF-APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS — FOR THE
PERIOD OF NOVEMBER 20, 2013 THROUGH DECEMBER 12,
2013
Item #16E3
ADVERTISING AN AMENDMENT TO ORDINANCE 87-5,
INCENTIVES FOR JOB RELATED ACHIEVEMENT, TO ADD
AN AWARD FOR EMPLOYEES WHO ARE RETIRING UNDER
THE FLORIDA RETIREMENT SYSTEM WITH AT LEAST 5
YEARS OF COUNTY SERVICE, AND BRING BACK THE
PROPOSED AMENDED ORDINANCE FOR A PUBLIC
HEARING
Item #16F1
ADVERTISING AN ORDINANCE AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, TO INCORPORATE PROVISIONS CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY
WATER-SEWER DISTRICT, BY ELIMINATING THE
REQUIREMENT TO PAY SUCH IMPACT FEES UNLESS
SERVICE IS AVAILABLE
Item #16F2
THE COMPLETED ALTERNATIVE WATER AND SEWER
IMPACT FEE CALCULATION AND A REIMBURSEMENT OF
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January 14, 2014
WATER AND SEWER IMPACT FEES IN THE AMOUNT OF
$97,017.50 TO KANE FURNITURE CORPORATION AS A
RESULT OF THE ALTERNATIVE IMPACT FEE
CALCULATION — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F3
A REPORT COVERING A BUDGET AMENDMENT
IMPACTING RESERVES IN AN AMOUNT UP TO AND
INCLUDING $15,000 AND BUDGET AMENDMENT MOVING
FUNDS — TO FUND EASEMENT ACQUISITIONS CONSISTENT
WITH THE 2008 MASTER PLAN FOR FUTURE WELL SITES
Item #16F4
RESOLUTION 2014-09: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET
Item #16G1
FIRST AMENDMENT TO A CONCESSIONAIRE AGREEMENT
BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY
AND MARCO AVIATION INC. D/B/A AIR EXPEDITIONS FOR
SPECIALIZED AVIATION SERVICE OPERATIONS AT THE
MARCO ISLAND EXECUTIVE AIRPORT TO AMEND THE
LEASED FACILITIES — DELETING 45.5 SQUARE FEET OF
OFFICE SPACE AND THE PAYMENT REQUIREMENT FOR
THE OFFICE SPACE FROM THE AGREEMENT
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January 14, 2014
Item #16G2
CONCESSIONAIRE AGREEMENT BETWEEN THE COLLIER
COUNTY AIRPORT AUTHORITY AND FOGARTY FLYING
SERVICE FOR SPECIALIZED AVIATION SERVICE
OPERATIONS AT THE MARCO ISLAND EXECUTIVE
AIRPORT — PROVIDING AIRCRAFT FLIGHT TRAINING
OPERATIONS
Item #16H1
RESOLUTION 2014-10: APPOINTING COUNCIL MEMBER
ROBERT BROWN TO THE COLLIER COUNTY COASTAL
ADVISORY COMMITTEE (MARCO ISLAND APPOINTEE) —
ADOPTED
Item #16H2
RESOLUTION 2014-11 : APPOINTING LUCAS KARTH AND
JOHN BECKMAN TO THE COLLIER COUNTY PUBLIC
SAFETY AUTHORITY — ADOPTED
Item #16H3
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE NAPLES PRESS CLUB -
LUNCHEON ON DECEMBER 5, 2013. THE SUM OF $25 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET —
HELD AT THE HILTON NAPLES
Item #16H4
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January 14, 2014
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE DRUG FREE COLLIER
LUNCHEON ON MARCH 6, 2014. THE SUM OF $35 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET —
HELD AT THE RITZ CARLTON GOLF RESORT, 2600
TIBURON DRIVE
Item #16H5
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE NAPLES ALUMNAE CLUB OF PI
BETA PHI LUNCHEON ON JANUARY 10, 2014. THE SUM OF
$25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — HELD AT THE NAPLES SAILING & YACHT CLUB,
896 RIVER POINT DRIVE
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE CHANGE OF WATCH
CEREMONY ON JANUARY 11, 2014. THE SUM OF $50 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET —
HELD AT THE HIDEAWAY BEACH CLUB, 250 SOUTH BEACH
DRIVE, MARCO ISLAND
Item #16H7
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January 14, 2014
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE NAPLES BOTANICAL
GARDEN'S LEGO SCULPTURES IN THE GARDEN EVENT ON
FEBRUARY 13, 2014. THE SUM OF $100 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H8
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION LUNCHEON ON NOVEMBER 20, 2013. THE
SUM OF $18 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET — HELD AT HAMILTON HARBOR, 7065
HAMILTON AVENUE
Item #16H9
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE VISIONARIES OF THE
VISUAL ARTS AWARD DINNER JANUARY 14, 2014. THE
SUM OF $75 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET — HELD AT THE NAPLES SAILING AND
YACHT CLUB, 896 RIVER POINT DRIVE
Item #16H10
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE MARCO ISLAND CHAMBER
Page 224
January 14, 2014
OF COMMERCE GRADUATION OF LEADERSHIP MARCO
CLASS OF 2013 ON JANUARY 19, 2014. THE SUM OF $75 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
— HELD AT THE HIDEAWAY BEACH CLUB, 250 SOUTH
BEACH DRIVE, MARCO ISLAND
Item #16H11
AUTHORIZATION TO ADVERTISE AN ORDINANCE FOR
FUTURE CONSIDERATION THAT WOULD AMEND
ORDINANCE NO. 97-8, AS AMENDED, RELATING TO THE
COLLIER COUNTY FALSE ALARM ORDINANCE
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 29, 2013
THROUGH DECEMBER 5, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 6, 2013
THROUGH DECEMBER 12, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J3
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 13, 2013
THROUGH DECEMBER 19, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
Page 225
January 14, 2014
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 20, 2013
THROUGH DECEMBER 26, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J5
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 27, 2013
THROUGH JANUARY 2, 2014 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16K1
A SETTLEMENT AGREEMENT REACHED BY THE PARTIES
IN THE LAWSUIT STYLED BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, V.
TIMOTHY HILTS, CASE NO. 12-4482-CA, FILED IN THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF
$30,094, AND TO AUTHORIZE THE CHAIR TO EXECUTE THE
PROPOSED SETTLEMENT AGREEMENT — RELATING TO A
VEHICLE ACCIDENT THAT OCCURRED ON APRIL 17, 2012
Item #16K2
A FINAL JUDGMENT FOR THE TAKING OF PARCELS 110FEE
AND 110TCE IN THE LAWSUIT STYLED COLLIER COUNTY
V. FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO.
13-CA-1329 AS PART OF THE COLLIER BOULEVARD
WIDENING PROJECT FROM GOLDEN GATE BOULEVARD TO
GREEN BOULEVARD (PROJECT NO. 68056). FISCAL
Page 226
January 14, 2014
IMPACT: $15,470
Item #16K3
INCREASING A PURCHASE ORDER FOR NABORS GIBLIN &
NICKERSON, P.A. ("NABORS GIBLIN"), IN CONNECTION
WITH THEIR PROVIDING LEGAL SERVICES INVOLVING
THE ACQUISITION OF THE ORANGE TREE UTILITY
COMPANY, INC — UP TO AN ADDITIONAL $50,000.00
****Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Summary Agenda be adopted ****
Item #17A
RESOLUTION 2014-12: VAC-PL20130002374, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN FOUR 5-FOOT UTILITY EASEMENTS BEING A
PART OF LOTS 6, 7 AND 8 OF PELICAN BAY UNIT TEN, AS
RECORDED IN PLAT BOOK 15, PAGES 64 THROUGH 67, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
ALSO BEING A PART OF SECTION 33, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE SPECIFICALLY SHOWN IN EXHIBIT A
Item #17B
RESOLUTION 2014-13: VAC-PL20130001751, VACATING THE
10-FOOT DRAINAGE EASEMENT BEING A PART OF LOT 20,
BLOCK 12 OF WILSHIRE LAKES, PHASE TWO, AS
RECORDED IN PLAT BOOK 27, PAGES 24 THROUGH 27, OF
Page 227
January 14, 2014
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
ALSO BEING A PART OF SECTION 31, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE SPECIFICALLY SHOWN IN EXHIBIT A
Item #17C
RESOLUTION 2014-14: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET
Page 228
January 14, 2014
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:46 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DI , CTS UNDER ITS CONTROL
/ .
Tom Henning, Chai an
ATTEST:
DWIGHT e:. 'q,$CK, CLERK
s
a A , tLA A mac\a ��
Attest1;$0
C ""*, x 8
signature obi
riY
These minutes approved by the Board on rekroft 1 I , wig as
presented or as correcte
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 228