BCC Minutes 04/08/2014 R BCC
REGULAR
MEETING
MINUTES
April 8, 2014
April 8, 2014
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 8, 2014
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting
as the Board of Zoning Appeals and as the governing board(s) of
such special districts as have been created according to law and
having conducted business herein, met on this date at 9:00 a.m.,
in REGULAR SESSION in Building "F" of the Government
Complex, East Naples, Florida, with the following members present:
CHAIRMAN: Tom Henning
Fred Coyle
Donna Fiala
Georgia Hiller
Tim Nance
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 8, 2014
9:00 AM
Tom Henning - BCC Chairman; BCC Commissioner, District 3
Tim Nance - BCC Vice-Chairman, District 5
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Georgia Hiller - BCC Commissioner, District 2
Fred W. Coyle - BCC Commissioner, District 4; CRAB Vice-Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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April 8,2014
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 FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Dawson Taylor - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. March 11, 2014 - BCC/Regular Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
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April 8,2014
A. Proclamation recognizing the month of April 2014 as Water Conservation
Month in Collier County. To be accepted by Dr. George Yilmaz, Public
Utilities Administrator, Lisa Koehler, Administrator Big Cypress Basin,
Joe Bellone, Director PUD Operations Support, Amanda Condomina,
Utility Billing and Customer Service and Steve Messner, Director,
Water Department. Sponsored by the Board of County Commissioners.
B. Proclamation designating April 9 through April 11, 2014 as Collier
RETIS Symposium Days welcoming the distinguished delegation of
French companies and business executives to Collier County and
acknowledging the value of inbound business develop missions as an
effective way to recruit international companies to our region. To be
accepted by Cristele Couget, Executive Director, RETIS; Bruce Register,
Director, Collier County Business and Economic Development and John
Cox, President and CEO, Greater Naples Chamber of Commerce.
Sponsored by the Board of County Commissioners.
C. Proclamation designating April 8, 2014 as Youth Empowerment Day.
To be accepted by Shaun and Achie McEachern, Trista Sue Kragh,
Roberto Hernandez and Debbie Homer. Sponsored by the Board of
County Commissioners.
D. Proclamation designating the month of March 2014 as Palmetto Ridge
High School Marching Band Month. To be accepted by Skip Pardee,
Director of Bands, Palmetto Ridge High School and students. Sponsored
by Commissioner Hiller.
E. Proclamation recognizing April 13 through April 19, 2014 as Children's
Advocacy Center Week in Collier County. To be accepted by Jackie
Stephens, President and CEO, Children's Advocacy Center, Stephen
Kissinger, CFO, Bryan Lee, Director of Development, Kerry Geroy,
CAC Board President. Sponsored by the Board of County Commissioners.
F. Proclamation designating the month of April 2014 as Child Abuse
Awareness Month. To be accepted by Jinx Liggett, Youth Haven
Executive Director. Sponsored by the Board of County Commissioners.
G. Proclamation recognizing April 13 through April 19, 2014 as National
Telecommunicators Week. To be accepted by Collier County Sheriffs
Office Captain Roy Arigo, Commander Bill Rule, Chief Greg Smith.
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April 8,2014
Sponsored by the Board of County Commissioners.
H. Proclamation designating April 17, 2014 as Conservancy of Southwest
Florida, Eva Sugden Gomez Environmental Planning Center and
Sustainability Plaza 50th Anniversary Celebration Day. To be accepted
by Lynn Slabaugh, Conservancy of Southwest Florida Board Chair and
Rob Moher, President and CEO of the Conservancy of Southwest Florida.
Sponsored by Commissioner Fiala.
I. Proclamation recognizing the month of April as Sexual Assault Awareness
Month and to recognize Crime Victim's Rights Week. To be accepted by
Michelle English, Executive Director Project Help, Angela Larson,
Supervisor, Collier County Sheriffs Office, Betty Ardaya-McGuire, 20th
Circuit State Attorney Office and staff Sponsored by Commissioner Coyle.
J. Proclamation designating the month of April 2014 as Collier County Honor
Flight Month. To be accepted by Sean Lux, Director Collier County Honor
Flight, Dr. Debi Strand, Assistant Director Collier County Honor Flight,
Johnna Dettis, Medical Director Collier County Honor Flight and board
members Myra Williams and Deborah and Alen Silver. Sponsored by
Commissioner Nance.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for April 2014 to
Bigham Jewelers. To be accepted by Kathy Bigham, founder of Bigham
Jewelers.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Items #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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April 8, 2014
A. This item has been continued from the February 11, 2014 BCC
Meeting. Recommendation to consider approving the Bayshore/Thomasson
Drive Subdistrict small-scale amendment to the Collier County Growth
Management Plan, Ordinance 89-05, as Amended, for transmittal to the
Florida Department of Economic Opportunity. (Adoption Hearing)
(PL20120002382/CPSS-2013-1) [Companion to Petition PUDZA-
PL20120002357, Agenda Item #9B]
B. This item has been continued from the February 11, 2014 BCC
meeting: This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve
an Ordinance of the Board of County Commissioners of Collier County,
Florida amending Ordinance Number 2005-63, as amended, the Cirrus
Pointe Residential Planned Unit Development (RPUD) which allows a
maximum number of 108 residential dwelling units; by changing the name
of the RPUD to Solstice RPUD; by revising the Master Plan; by deleting
Exhibit B, the Water Management/Utility Plan; by deleting Exhibit C, the
Location Map; by removing Statement of Compliance and Project
Development Requirements; by adding a parking deviation; and by deleting
and terminating the Affordable Housing Density Bonus Agreement. The
subject property is located northeast of Bayshore Drive and Thomasson
Drive in Section 14, Township 50 South, Range 25 East, Collier County,
Florida consisting of 9.92+/- acres; and by providing an effective date.
(PUDZA-PL20120002357) [Companion to Petition PL20120002382/CPSS-
2013-1, Agenda Item #9A]
C. This item has been continued from the March 25, 2014 BCC Meeting:
This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider an ordinance of
the Board of County Commissioners of Collier County, Florida amending
Ordinance Number 08-13 which established the Brandon Residential
Planned Unit Development, to retain the density of 204 residential units;
to revise the Master Plan to change the location of the entrance road on
Veterans Memorial Boulevard, to reconfigure on-site preserve areas and
reconfigure the development area; to revise development standards; to add
deviations; and to modify development commitments including removal of
the affordable housing commitment. The subject property is located on the
southeast corner of Livingston Road and Veterans Memorial Boulevard in
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April 8, 2014
Section 13, Township 48 South, Range 25 East, Collier County, Florida,
consisting of 51± acres; and by providing an effective date. [PUDA-
PL20130001056]
10. BOARD OF COUNTY COMMISSIONERS
A. Commissioner Hiller's request regarding a March 25, 2014 Naples Daily
News article titled "Collier County to revive mobile home zoning program".
11. COUNTY MANAGER'S REPORT
A. Recommendation to execute an Interlocal Agreement, Resolution and
Airspace Agreement with the Florida Department of Transportation to
operate a fire station at the Mile Marker 63 Rest Area on Alligator Alley in
Collier County. (Len Price, Administrative Services Administrator)
B. Recommendation to accept the Conservation Collier Ten-Year Financial
Plan and associated financial management recommendations for the
Conservation Collier Program. (Steve Cornell, Public Services
Administrator)
C. This item to be heard at 11:00 a.m. Recommendation to review the
Vanderbilt Drive Bicycle and Pedestrian Safety Improvement Study and
provide direction to Staff in regards to construction of pathway, shoulders,
crosswalks and other safety enhancements requested along the Vanderbilt
Drive corridor. (Stacy Revay, Transportation Planning Project Manager)
D. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to determine that the proposed
Orchid Run Apartments project does not satisfy the criteria for exemption to
allow for a stormwater discharge rate above the .15 cubic feet per second
(CFS) limit expressed in Policy 6.3, Stormwater Management Sub-Element
of the Growth Management Plan. (Mike Bosi, Planning & Zoning Director)
E. Recommendation to provide direction as to the Board's preferred approach
for regulating work in County rights of way by private utility providers.
(Jamie French, Operations and Regulatory Management Director)
12. COUNTY ATTORNEY'S REPORT
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April 8, 2014
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE
CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY
ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF
DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT
ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to acknowledge the extinguishment of the
Temporary Drainage Easement as shown on Page 9 of the plat of
Piacere - Pavia as recorded at Plat Book 48, Pages 1 through 10 of the
public records of Collier County.
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Abruzzese Replat at
Pelican Bay, Application Number PL20130002703.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Raffia Preserve - Phase 2,
(Application Number PL20130002569) approval of the standard form
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April 8, 2014
Construction and Maintenance Agreement and approval of the amount
of the performance security.
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Del Webb Naples, Parcel 110 &
113, (Application Number PL20130002507) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Hampton Village Lot 17
and 18 Replat, Application Number FP-PL20140000417.
6) Recommendation to review the proposed zoning map changes and
support documentation, and direct the Chair to sign the official zoning
maps.
7) Recommendation to approve a Mediated Settlement Agreement in
the amount of$990,000 for the acquisition of Parcel 123FEE in the
lawsuit styled Collier County, Florida v. New Plan Florida Holdings,
LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951 Intersection
Improvement Project #60116), (Fiscal Impact: $596,170).
8) Recommendation to accept the conveyance of a Drainage Easement in
Section 12, Township 51 South, Range 26 East, Collier County,
Florida. (Fiscal Impact: None)
9) Recommendation to approve a release of lien in the total amount of
$80,880.86 for payment of$480.86, in the Code Enforcement action
entitled Board of County Commissioners v. Robert D. Campbell, Jr.,
et al., Code Enforcement Board Case No. CENA20110000844
relating to property at 2331 8th Ave. SE, Collier County, Florida.
10) Recommendation to approve a release of lien in the accrued amount
of$190,580.57 for payment of$3,238.57, in Code Enforcement action
entitled Board of County Commissioners v. Robert D. Campbell, Jr.,
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April 8, 2014
et al., Code Enforcement Board Case No. CESD20120006821,
relating to property at 2331 8th Ave SE, Collier County, Florida.
11) Recommendation to approve a release of lien with an accrued value of
$40,680.57 for payment of$280.57, in the Code Enforcement Action
entitled Board of County Commissioners v. Robert D. Campbell, Jr.,
et al., Code Enforcement Board Case No. CEV20110000842, relating
to property located at 2331 8th Ave SE, Collier County, Florida.
12) Recommendation to approve a release of lien with an accrued value of
$96,412.56 for payment of$11,812.56, in the Code Enforcement
Action entitled Board of County Commissioners v. Sandra L. Castro,
et al., Special Magistrate Case No. CESD20100003742, relating to
property located at 3950 31st Avenue NE, Collier County, Florida.
13) Recommendation to approve a release of lien with an accrued value of
$117,781.15 for payment of$5,000, in the Code Enforcement action
entitled Board of County Commissioners v. Eric and Dayle Westover,
Code Enforcement Board Case No. CESD20100017039, relating to
property located at 5891 Star Grass Lane, Collier County, Florida.
14) Recommendation to approve the short list of design professionals
pursuant to RFP #14-6227, "Develop and Update Collier County
Floodplain Management Plan," and authorize staff to negotiate
contracts with the top ranked firm for subsequent Board approval.
15) Recommendation to purchase approximately one acre of property
situated between Piper Boulevard and the Cocohatchee Canal for
Palm River Park. (Project No. 60184.) Fiscal Impact: $1,200.
16) This item has been continued from the March 25, 2014 BCC
Meeting: Recommendation to approve an amended and restated
Developer Contribution Agreement (DCA) between DR Horton, Inc.
(Developer) and Collier County to provide water management and
financial contributions for construction of Tree Farm Road.
17) Recommendation to approve and authorize the Chairman to sign a
Collier County Revocable Landscape Maintenance License
Agreement (Agreement) between Collier County and Standard Pacific
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April 8, 2014
of Florida (Licensee) for a landscape planting buffer along an
Immokalee Road County Right-of-Way.
18) Recommendation to sign a lease agreement with the Collier County
School District to allow a Planning Commission Meeting to be held at
the Immokalee High School Auditorium on April 29, 2014.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation the Board of County Commissioners (BCC) as the
Community Redevelopment Agency provide an after the fact approval
of the submittal of a Disaster Recovery Initiative Grant application to
Collier County to fund the Pineland Avenue Stormwater Improvement
Project in the amount of$56,570, authorize the CRA Board Chairman
to execute the Subrecipient Agreement, if the grant is awarded and
approve all necessary budget amendments.
2) Recommendation that the Board of County Commissioners (BCC) as
the Community Redevelopment Agency provide an after the fact
approval of the submittal of a Disaster Recovery Initiative Grant
application to Collier County to fund the Karen Drive Stormwater
Improvement Project in the amount of$154,120, authorize the CRA
Board Chairman to execute the Subrecipient Agreement, if the grant is
awarded and approve all necessary budget amendments.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the $102,802 Underground Conduit
Installation Agreement with Florida Power & Light Company (FPL)
to supply power to South Reverse Osmosis Wells No. 5 and 6; and,
approve and execute the documents necessary to convey an easement
to FPL for the installation of electrical service related to Well/Plant
Power Systems, Project 70069.
2) Recommendation to approve, execute and record two Satisfactions of
Notice of Claim of Lien for Sanitary Sewer System Impact Fee.
Fiscal impact is $37 to record the Satisfactions of Lien.
3) Recommendation to approve a Resolution and Satisfactions of Lien
for the 1991, 1993, 1994, 1995, and 1996 Solid Waste Collection and
Disposal Services Special Assessments where the County has received
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April 8, 2014
payment in full satisfaction of the liens. Fiscal impact is $68.50 to
record the Satisfactions of Lien.
4) Recommendation to reject the bid received in response to Invitation to
Bid #13-6162, "Chlorinator Equipment Maintenance."
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a resolution amending the State Housing
Initiatives Partnership Collier County Local Housing Assistance Plan
for Fiscal Years 13/14-15/16 to include additional purchase assistance
for specified state-certified occupations, add a new Owner-Occupied
Rehabilitation Strategy, and update Exhibit A —Administrative Budget
and Exhibit C to reflect inclusion of the Owner Occupied
Rehabilitation project.
2) Recommendation to approve the award of Contract #13-6178 to Hole
Montes, Inc. for Construction Engineering Inspection, Landscape
Inspection and Site Restoration Services for the "Vanderbilt Beach
MSTU: FPL Underground Conversion Project - Phase 2, 3, and 4"
pursuant to RFP #13-6178, in the estimated amount of$546,093.
3) Recommendation to approve Four (4) Disaster Recovery Grant
Signature Authority Forms for submittal to the Department of
Economic Opportunity.
4) Recommendation to approve Amendment#3 to the MOU with DCF
and amendments to subrecipient agreements with the David Lawrence
Center, NAMI of Collier County, Inc. and Collier County Sheriffs
Office for the Criminal Justice, Mental Health, and Substance Abuse
Program updating budget and match detail.
5) Recommendation to approve Amendments and Attestation Statements
with Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior
Choices of Southwest Florida for the Home Care for the Elderly
Program to ensure continuous funding for FY 2013/14 and to approve
a budget amendment recognizing an additional $424 in grant revenue.
6) Recommendation to authorize the County Manager or his designee to
enter into School Facilities Lease Agreements with the School Board
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April 8, 2014
for Parks and Recreation summer camp programs or other County
department programs.
7) Recommendation to recognize a portion of Rock Road, from
Immokalee Road to Mingo Road within the Rock Road Municipal
Service Taxing Unit (MSTU), which the County has regularly
maintained for more than the immediate past seven years, as having
been dedicated and deeded to the County as a public road, approve a
Resolution in support thereof and authorize the Board's Chairman and
the Ex Officio Clerk to the Board to file a map with the Clerk of Court
certifying ownership has vested with the County; and authorize a
short-term loan in an amount up to $130,000 to the Rock Road MSTU
for the purpose of paving a portion of Rock Road, from Immokalee
Road to Mingo Road and approve all necessary budget amendments.
8) Recommendation to approve payment to Peluso Movers, Inc. for
outstanding invoices in the amount of$1,750 and authorize continued
use of this company to provide off-site storage services for Museum
artifacts through Fiscal Year 2016.
9) Recommendation to ratify Certification for Reallocated Fiscal Year
2013 Entitlement Community Development Block Grant funds for
$84,307 that was signed by the County Manager March 20, 2014.
Collier County will receive $80,807, and the City of Naples will
receive $3,500.
10) Recommendation to approve a Resolution authorizing the County
Manager or his designee to submit a grant application in the amount
of$94,265 to the Housing, Human & Veteran Services FY2014-2015
Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) for the expansion of the Immokalee Sports
Complex Fitness Center with an in-kind financial match of$24,353.
11) Recommendation to approve a substantial amendment recognizing a
reduction in U.S. Department of Housing and Urban Development
(HUD) Community Development Block Grant (CDBG) funding by
$158,862 to $1,933,445 for the FY2013-2014 funding year and
approve a budget amendment in the same amount.
E. ADMINISTRATIVE SERVICES DIVISION
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April 8, 2014
1) Recommendation to standardize the use of NEOGOV software
products for the County's Human Resources processes, approve
Addendum No. 1 to Service Agreement #10-5451, and authorize the
County Manager or designee to execute a County Attorney approved
contract for use of the Performance Evaluation module.
2) Recommendation to award Request for Proposal (RFP) #14-6187,
Office Supplies to Staples Contract and Commercial, Inc., and
authorize the Chairman to sign a County Attorney approved contract.
3) Recommendation to approve an amendment to the Software License
Agreement with SAP Public Services, Inc. removing unused licenses
retroactive to January 1, 2013 and authorize the Chairman to sign the
#11-5656 Maintenance Termination Addendum.
4) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
2) Recommendation to approve refunds of Affordable Housing
Contributions to Secoya, LLC in the amount of$12,000 due to the
removal of an Affordable Housing Contribution commitment from the
Sandalwood Planned Unit Development/Settlement Agreement.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended an East Naples Civic Association Luncheon on
March 20, 2014. The sum of$18 to be paid from Commissioner
Fiala's travel budget.
MISCELLANEOUS CORRESPONDENCE
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April 8,2014
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve and authorize the Chairman to sign an
Agreement authorizing the Collier County Sheriff's Office to have
Traffic Control Jurisdiction over Private Roads within the Marbella
Lakes Subdivision.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of March 20, 2014 through
March 26, 2014.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of March 27, 2014 through
April 2, 2014.
K. COUNTY ATTORNEY
1) Recommendation to authorize an increase to the purchase order for
Nabors, Giblin & Nickerson, P.A. ("Nabors Giblin") relating to
services on the Orange Tree Utility Company Integration Project.
2) Recommendation to approve payment not to exceed $13,000 from an
existing Purchase Order for mediation services for William B. Smith,
P.A. related to the US 41/Collier Blvd. Intersection Improvements.
(Project Number 60116)
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.
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April 8,2014
A. 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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April 8,2014
April 8, 2014
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Welcome to the April 8, 2014, BCC,
Board of County Commissioners' meeting.
If you would silence or turn off your cell phone, that would help
us have a meaningful meeting today.
We're going to have -- before we have the invocation -- or the
Pledge of Allegiance, we're going to have the invocation led by Don
(sic) Taylor of United -- Naples United Church of Christ.
Dawson?
REVEREND TAYLOR: Yes.
CHAIRMAN HENNING: I'm sorry.
REVEREND TAYLOR: Thank you, Mr. Chairman.
CHAIRMAN HENNING: I've got to put my glasses on.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND TAYLOR: I understand. Let us pray.
Gracious God, we give you thanks for the gift of this day. We
give you thanks for the privilege of being a part of Collier County, and
we give you thanks for the beauty that surrounds us and reminds us of
your presence. We ask for your wisdom to fall fresh upon each of
these who have answered your call to serve your people, and we ask
that in all things we would be reminded of those who are
marginalized, who have been -- who have been pushed to the margins,
who have less, and that in all things we might serve all people, and all
of this we ask in your many names. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: County Manager, would you walk us
through today's change sheet on today's agenda.
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April 8, 2014
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: Yes, sir, Mr. Chairman. Good morning.
Commissioners, these are your proposed agenda changes for the
Board of County Commissioners' meeting of April 8, 2014.
The first proposed change is to withdraw Item 9A. That
withdrawal is made at the petitioner's request.
The next proposed change is to withdraw Item 9B, which is a
companion item to 9A, also at the petitioner's request.
The next proposed change is to continue indefinitely Item 16D7
from your consent agenda, an item having to do with the Rock Road
MSTU, and that continuance is made at Commissioner Nance's
request.
We have an agenda -- couple agenda notes this morning, Mr.
Chairman, Item 11A, having to do with the memorandum of
agreement with the Florida Department of Transportation. We have
an addition to the agreement that reads as follows: The parties may
not assign this agreement or any right of obligation of this agreement
without the written consent of the other party except that -- in the
event that the Ochopee Fire Control and Rescue District is merged or
consolidated into another fire district, the county may assign the
agreement to the merged or consolidated fire district with advance
notice to the department.
That is made at both the county attorney and the staffs request.
The next agenda note, Commissioners, is an addition to the
Developer Contribution Agreement on Tree Farm Road, and the
additional language reads as follows: The developer shall maintain
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April 8, 2014
the portion of Massey Road from Vanderbilt Beach Road to the
development's entrance until the earlier of the completion of Tree
Farm Road or three years from the date of the issuance of the first
building permit for the development.
Maintenance shall include cutting the grass along the roadway.
Developer shall place an overlay layer of asphalt on Massey Road
from Vanderbilt Beach Road to the development entrance as part of its
maintenance of Massey Road, and that is made at staffs request.
And we have a couple of time-certain items this morning,
Commissioners. Item 4B is a proclamation that will be heard at 10:45
a.m. due to the travel plans of the French Business Consortium, and
Item 11C regarding the Vanderbilt Drive greenway proposal will be
heard at 11 a.m.
You have court reporter breaks scheduled for 10:30 a.m. this
morning and 2:50 p.m., if needed, and Item 7 is heard at one -- no
sooner than 1 p.m.; that's public comments and, of course, your public
hearings are heard no sooner than 1 :30 p.m.
Those are all the changes I have, Mr. Chairman.
CHAIRMAN HENNING: Thank you.
County Attorney, do you have any?
MR. KLATZKOW: No changes, sir.
CHAIRMAN HENNING: Commissioner Coyle, do you have
any further changes or ex parte on the consent agenda?
COMMISSIONER COYLE: No further changes. I have no ex
parte disclosure for the summary or -- the consent or the summary
agenda.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Thank you. No further changes.
And on the consent agenda, I only have one disclosure, and that's Item
No. 16A3, Raffia Preserve, and I have received correspondence and
emails.
CHAIRMAN HENNING: I have no changes and no ex parte on
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April 8, 2014
today's consent or summary.
Commissioner Hiller?
COMMISSIONER HILLER: I have no changes to the agenda.
The only thing I'd like to ask -- I'm sorry. I didn't see the mike was
over there -- is, County Manager, have you received any photographs
of the Palmetto Ridge Band?
MR. MILLER: I have, yes.
COMMISSIONER HILLER: You have them?
MR. MITCHELL: Yes.
COMMISSIONER HILLER: Okay, fantastic. Because if not,
then I was going to email you a whole bunch of photographs.
MR. MILLER: They emailed me some last week, and I've
prepared them into a PowerPoint presentation.
COMMISSIONER HILLER: You are absolutely outstanding.
Thank you. You're way ahead of-- way ahead of us.
COMMISSIONER FIALA: Palmetto Ridge what?
COMMISSIONER HILLER: Palmetto Ridge High School.
COMMISSIONER FIALA: High school, okay.
COMMISSIONER HILLER: Yes. And we have a proclamation
for them today recognizing their incredible contribution to Collier
County and the promotion of us as an absolutely first-class destination
for everyone in Boston, actually in Massachusetts, but we'll get to that.
So in terms of the agenda, for the -- yeah. On -- I have a
disclosure for 11D, which is -- I had some calls related to that agenda
item. And on consent, I have no disclosures.
CHAIRMAN HENNING: Okay. Commissioner Nance?
COMMISSIONER NANCE: Mr. Chairman, no changes. I have
disclosure for 9C, which is a public hearing. I've read the staff report
and had meetings with Mr. Yovanovich and emails.
On Item 11D, the Orchid Run, I've had a meeting with Mr.
Anderson. I have no disclosure for today's consent agenda.
CHAIRMAN HENNING: Okay. Entertain a motion to accept
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April 8, 2014
the agenda as amended.
COMMISSIONER HILLER: Motion to accept the agenda as
amended.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala to accept the agenda as amended.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Page 6
Proposed Agenda Changes
Board of County Commissioners Meeting
April 8,2014
Withdraw Item 9A: This item has been continued from the February 11,2014 BCC meeting:
Recommendation to consider approving the Bayshore/Thomasson Drive Subdistrict small-scale amendment
to the Collier County Growth Management Plan [Companion to Petition PUDZA-PL20120002357,agenda
item 9B] (Petitioner's request)
Withdraw Item 9B: This item has been continued from the February 11,2014 BCC meeting: This item
requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,
all participants are required to be sworn in.Recommendation to approve an Ordinance of the Board of
County Commissioners of Collier County,Florida amending Ordinance Number 2005-63,as amended,the
Cirrus Pointe Residential Planned Unit Development(RPUD). [Companion to Petition
PL20120002382/CPSS-2013-1,agenda item 9A] (Petitioner's request)
Continue Item 16D7 Indefinitely: Recommendation to recognize a portion of Rock Road,from Immokalee
Road to Mingo Road within the Rock Road Municipal Service Taxing Unit(MSTU),which the County has
regularly maintained for more than the immediate past seven years,as having been dedicated and deeded to
the County as a public road,to approve a Resolution in support thereof and to authorize the Board's
Chairman and the Ex Officio Clerk to the Board to file a map with the Clerk of Court certifying ownership
has vested with the County; and authorize a short-term loan in an amount up to$130,000 to the Rock Road
MSTU for the purpose of paving of a portion of Rock Road,from Immokalee Road to Mingo Road and
approve all necessary budget amendments. (Commissioner Nance's request)
Note:
Item 11A: Section 1411 of the Interlocal Agreement is revised to include the following additional language:
H. This Agreement is solely for the benefit of the Parties to this Agreement and no third party shall be
entitled to claim or enforce any rights under this Agreement. The parties may not assign this
agreement or anv right or obligation of this agreement without the written consent of the other party,
except that in the event that the Ochopee Fire Control and Rescue District is merged or consolidated
into another Fire District, the County may assign the Agreement to the merged or consolidated Fire
District with advance notice to the Department.
Item 16A16: Additional language has been added to the Developer Contribution Agreement regarding
Mockingbird Crossing which reads: Developer shall maintain the portion of Massey Road from Vanderbilt
Beach Road to the Development's entrance until the earlier of the completion of Tree Farm Road or three
years from the date of the issuance of the first building permit for the Development. Maintenance shall
include cutting the grass along the roadway. Developer shall place an overlay layer of asphalt on Massey
Road from Vanderbilt Beach Road to the Development entrance as part of its maintenance of Massey Road.
(Staffs request)
Time Certain Items:
Item 4B to be heard at 10:45 a.m.
Item 11C to be heard at 11:00 a.m.
4/8/2014 8:29 AM
April 8, 2014
Item #2B
MINUTES FROM THE MARCH 11, 2014 BCC/REGULAR
MEETING — APPROVED AS PRESENTED
CHAIRMAN HENNING: We have no service awards, but we
have 10 proclamations today. How lucky we are to have these
wonderful folks here, so --
MR. OCHS: Mr. Chairman, I'm sorry. Did we approve the
regular meeting minutes of March 11th?
CHAIRMAN HENNING: No, we didn't.
Can I get a motion?
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Now we go to proclamations.
MR. OCHS: Yes, sir.
Item #4A
PROCLAMATION RECOGNIZING THE MONTH OF APRIL
2014 AS WATER CONSERVATION MONTH IN COLLIER
Page 7
April 8, 2014
COUNTY. ACCEPTED BY DR. GEORGE YILMAZ, PUBLIC
UTILITIES ADMINISTRATOR, LISA KOEHLER,
ADMINISTRATOR BIG CYPRESS BASIN, JOE BELLONE,
DIRECTOR PUD OPERATIONS SUPPORT, AMANDA
CONDOMINA, UTILITY BILLING AND CUSTOMER SERVICE
AND STEVE MESSNER, DIRECTOR, WATER DEPARTMENT —
ADOPTED
MR. OCHS: Item 4A is a proclamation recognizing the month of
April 2014 as Water Conservation Month in Collier County. To be
accepted by Dr. George Yilmaz, Public Utilities Administrator; Lisa
Koehler, Administrator, Big Cypress Basin; Joe Ballone, Director,
Public Utility Division Operations Support; Amanda Condomina,
Utility Billing and Customer Service; and Steve Messner, Director of
the Water Department. This item is sponsored by the entire Board of
County Commissioners.
If you'd please step forward and receive your proclamation.
(Applause.)
MS. KOEHLER: Commissioners, thank you so much for the
proclamation this morning. I would just like to say thank you also to
Dr. George and his team. The district so appreciates all the efforts of
-- the water conservation efforts put out by public utilities.
So, again, I just want to say thank you for taking the time to
recognize April as Water Conservation Month.
Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING APRIL 8, 2014 AS YOUTH
EMPOWERMENT DAY. ACCEPTED BY SHAUN AND ACHIE
Page 8
April 8, 2014
MCEACHERN, TRISTA SUE KRAGH, ROBERTO HERNANDEZ
AND DEBBIE HORNER — ADOPTED
MR. OCHS: Item 4C is a proclamation designating April 8,
2014, as Youth Empowerment Day. To be accepted by Shaun and
Achie McEachern, Trista Sue Kragh, Roberto Hernandez, and Debbie
Horner, and this item is sponsored by the Board of County
Commissioners.
Please step forward.
(Applause.)
CHAIRMAN HENNING: Good morning.
UNIDENTIFIED SPEAKER: Good morning.
CHAIRMAN HENNING: Who would like the proclamation this
morning?
COMMISSIONER HILLER: We'd like to shake all your hands.
Come on. Proclamations.
(Applause.)
MR. McEACHERN: On the behalf of-- first of all, good
morning. Thank you all.
On the behalf of the Southwest Florida Youth Empowerment
Project, formerly known as the Mother Perry Youth Empowerment
Project, I'd like to say thank you to all the commissioners. I'd like to
say thank you to Ms. Hiller personally; thank you for helping us to
make some decisions that will help us to carry out our mission.
And we invite all to this weekend's festivities at Immokalee High
School, if you can make it. We have a youth symposium that's
entitled "Dream Big," and it's geared to teach kids how to live their
live on purpose and to find out what their niche is now. You don't
have to wait. You can start right now as -- circumstances are not there
for today, not for tomorrow (sic), so we have to plan and teach the
kids how to plan their lives.
Thank you.
Page 9
April 8, 2014
(Applause.)
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. And I just want to say
thank you so much for your leadership. You have done so much for
those kids.
I remember when we first met years ago. We were at a Drug
Free Collier event, and you were up on stage dancing with my son.
You two rocked. And you just have, like, done so much over these
years to help so many, so thank you. And you're always positive and
always forward looking, and that's the way to be and be successful, so
thank you.
MR. McEACHERN: Thank you.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING THE MONTH OF MARCH
2014 AS PALMETTO RIDGE HIGH SCHOOL MARCHING
BAND MONTH. ACCEPTED BY SKIP PARDEE, DIRECTOR
OF BANDS, PALMETTO RIDGE HIGH SCHOOL AND
STUDENTS — ADOPTED
MR. OCHS: Item 4D is a proclamation designating the month of
March 2014 as Palmetto Ridge High School Marching Band Month.
To be accepted by Skip Pardee, Director of Bands, Palmetto Ridge
High School, and his students.
This item is sponsored by Commissioner Hiller. If you'd please
step forward.
(Applause.)
COMMISSIONER HILLER: Skip, would you like to say a few
words?
MR. PARDEE: Commissioners, thank you so much for having
Page 10
April 8, 2014
me here today. As you can see, my students are hard at work at
school at Palmetto Ridge so you just have to enjoy my presence here
today. And they're hard at work in rehearsal right now.
I just want to say thank you, especially to Commissioner Hiller
for coming with us to Boston, or at least coming with us to the parade
and marching with us. It was a great opportunity to represent
Palmetto Ridge High School, the District School Board of Collier
County and, of course, our great County of Collier and the great state
of Florida in Massachusetts.
We all know, of course, as citizens of Collier County, that the
promotion of the fine arts programs in the schools is of utmost
importance, and we'd like to continue to thank this commission and
the school board for continually giving the resources necessary for our
students to be successful in these worthy programs.
So on behalf of Palmetto Ridge High School, the band program,
the music department, and Principal Bremseth, I'd like to say thank
you for all your hard work. Thank you.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Commissioner Hiller.
(Applause.)
COMMISSIONER HILLER: If you could just -- Skip, stay up
there for a second.
I have to explain to the citizens what happened. Your band was
selected to be in the St. Patrick's Day parade in Boston, and it was,
like, unbelievable. One hundred and forty kids were marching
through the streets of Boston. We were in the south end -- just in case
anyone was wondering where the parade route was -- and people were
screaming, go Collier County. We love you. Bring us sunshine. We
want to be where you come from. I mean, people were just, I mean,
out of their minds, because at first they didn't realize that the band was
from Florida because, if you see the photographs, they look like
they're more Irish than anyone in Boston could possibly be, and they
Page 11
April 8, 2014
were amazing.
Like, the dancers had these huge flags with the four-leaf clovers
on them, and they were doing, like, all this twirling stuff. And the
music that was played was an Irish jig.
So, I mean, everybody was convinced that they couldn't possibly
be from Florida. But let me just let you know, they are most definitely
a home-grown band. They funded themselves, and they looked so
good and played so well, thanks to your fearless leadership, that the
organizers of the parade actually moved the band from, I believe it
was, like, the 57th or 60th place, right up to the very front right behind
State Representative Collins.
So, I mean, it was -- it was really a big compliment. I mean, we
bypassed, like, so many, you know, Irish bagpipers. I've never seen
an Irish bagpiper before, but there are actually Irish bagpipers in
Boston.
I have to commend you. I mean, you promoted Collier County.
And the most significant thing I have to share is that every time Skip
addressed these 140 kids, he said, you are here representing your
school, your county, and your state, and don't forget. And they stood
proud, and they just rocked, so thank you so much.
MR. PARDEE: Thank you.
(Applause.)
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yeah. I would just like to add --
since we're having this fun discussion, I'd just like to add one other
thing. My assistant, Jim Flanagan, is originally from Boston. So I was
out in the middle of Golden Gate Estates at a convenience store, and I
saw a Sunday Boston Globe. So I decided, oh, I'll be nice to Jim
Flanagan. I'll buy him a copy of this Sunday paper, and I'll drop it on
his desk Monday morning.
So while I was paying for it, the clerk said to me, oh, you get a
special discount here. And I said what? And they said, yeah. And I
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April 8, 2014
looked at it, and it said, normal suggested price outside of Boston area
is $4. But in little, tiny fine print, right below the bar code it says, Lee
and Collier County, Florida, $3 printed on the Boston Globe, the
Sunday Boston Globe.
So I don't know what's going on with Boston here, but I think
there's some weird things taking place.
COMMISSIONER HILLER: There is something in the water.
And I'll just tell you one thing. For what it's worth, on St. Patrick's
Day it was not green in Boston. But I think that we should consider
making Boston a sister city, and we should have a dedication to go up
there and promote Collier County to all the people in Massachusetts
and make sure they come down here in the winter when it's cold up
there. Because I will tell you, I almost froze to death in that parade.
And I assure you they would be much better off down here.
COMMISSIONER NANCE: Maybe they'll adopt us.
COMMISSIONER HILLER: Yeah. And I think we should
suggest that maybe the -- especially you, Commissioner Nance, since
you're chairing the Tourist Development Council at this time, might
consider some sort of grant funding, because the promotion that we
received from our presence going through that parade where there
were tens of thousands of viewers -- I mean, it was, like, unbelievable
how many people were lining the streets and how many people
literally were screaming out as a result of that banner that two students
were holding at the front of the band that you saw in that picture.
They were literally screaming, go Collier County, go Naples.
COMMISSIONER NANCE: Well, I agree with you,
Commissioner.
COMMISSIONER HILLER: I mean, it was tremendous
advertising.
COMMISSIONER NANCE: I don't think you can buy that kind
of advertising.
COMMISSIONER HILLER: You can't.
Page 13
April 8, 2014
COMMISSIONER NANCE: I think Mr. Wert should rightfully
buy us some banners for our outreach during these activities.
COMMISSIONER HILLER: Yeah. And -- so if you would,
like, consider whatever is appropriate, maybe talk to Skip. And,
again, he is an amazing band director and is taking his marching band
to many different destinations, and whatever we can do to help,
because it is real tourism advertising --
COMMISSIONER NANCE: It is.
COMMISSIONER HILLER: -- in a very positive sense.
COMMISSIONER NANCE: See, the only thing I'm worried
about is if we start beating them in wrestling, maybe we'll lose our $3
Sunday paper.
COMMISSIONER HILLER: And I believe -- wasn't -- Nick,
wasn't your daughter in the band?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: If memory serves me correctly,
she was outstanding. It was really great to have her there.
So thank you again, Skip.
CHAIRMAN HENNING: Okay. Next proclamation.
Item #4E
PROCLAMATION RECOGNIZING APRIL 13 THROUGH APRIL
19, 2014 AS CHILDREN'S ADVOCACY CENTER WEEK IN
COLLIER COUNTY. ACCEPTED BY JACKIE STEPHENS,
PRESIDENT AND CEO, CHILDREN'S ADVOCACY CENTER,
STEPHEN KISSINGER, CFO, BRYAN LEE, DIRECTOR OF
DEVELOPMENT, KERRY GEROY, CAC BOARD PRESIDENT —
ADOPTED
MR. OCHS: Item 4E is a proclamation recognizing April 13
through April 19, 2014, as Children's Advocacy Center Week in
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April 8, 2014
Collier County. To be accepted by Jackie Stevens, president and CEO
of the Children's Advocacy Center; Stephen Kissinger, CFO; Bryan
Lee, Director of Development; Kerry Geroy, CAC Board President.
This item is sponsored by the entire Board of County
Commissioners. If you'd please step forward and be recognized.
(Applause.)
MS. GEROY: Thank you, Commissioners. My name is Kerry
Geroy. I am the board president for the Children's Advocacy Center.
Jackie Stephens could not be here today, so her apologies through me
to you for her absence. She's doing some fundraising work, which is
something we definitely need.
On behalf of the Children's Advocacy Center, April is Child
Abuse Prevention Month. So even though next week is certainly a
highlight in our arena, the whole month, really, is to raise awareness
on the horrific crime of child abuse, so we appreciate your
acknowledgment of the issue.
The Children's Advocacy Center is the first line of defense for
children who come in in a crisis moment, and they are the victims of
horrible crimes, and they are voiceless, and so the Children's
Advocacy Center definitely gives them a voice and gives them a path
to healing. So we appreciate it.
And the work that the staff does -- they're an amazing staff.
They really help make the difference in the lives of abused children.
So thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
COMMISSIONER HILLER: Kerry?
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Can you stand up there for one
minute.
I just want to tell you that you are all doing an amazing job. I
mean, it's just outstanding. And as you know, I've been a big supporter
Page 15
April 8, 2014
of yours for years.
I want to share a piece of good news. For those of you who don't
know, the Children's Advocacy Center has been part of what the
Board of County Commissioner created several years ago known as
the Victim Advocacy Coalition. And we have a new member joining,
and it's going to be Legal Aid.
MS. GEROY: Great.
COMMISSIONER HILLER: And they have a donor who cares
a great deal about domestic violence. And so it will hopefully turn out
to be a partnership between you and Legal Aid and this donor, or the
shelter and you and Legal Aid and this donor, and the intent will be,
again -- as you know through that program what we wanted to do was
leverage private donations against state and federal dollars to support
your programming, and this very generous donor has pledged $25,000
a year for five years towards this initiative.
MS. GEROY: Oh, wow. That's great.
COMMISSIONER HILLER: So we hope that our incredibly
good grants staff will be able to go out there and multiply that
hopefully many times over and benefit the children as well as abused
women.
MS. GEROY: That's great. We --
COMMISSIONER HILLER: So congratulations.
MS. GEROY: Thank you. We truly appreciate the staff support
of the organization and the community partners that we have, whether
it's the State Attorney's Office, the Collier County sheriffs, the Shelter
for Abused Women. It really is a group effort, but -- and everyone has
their roles, and it's wonderful to have such great partnerships, and we
truly appreciate the county's assistance.
COMMISSIONER HILLER: The coalition has worked
tremendously, and there has been such -- just a positive outcome and
resolution to so many difficult issues as a result of the partnership and
the cooperative spirit. So thank you. You've done an outstanding job,
Page 16
April 8, 2014
and your staff is just beyond belief.
MS. GEROY: Yes, they are; thank you.
COMMISSIONER HILLER: So thank you.
MS. GEROY: Thank you.
(Applause.)
Item #4F
PROCLAMATION DESIGNATING THE MONTH OF APRIL 2014
AS CHILD ABUSE AWARENESS MONTH. ACCEPTED BY
JINX LIGGETT, YOUTH HAVEN EXECUTIVE DIRECTOR —
ADOPTED
MR. OCHS: Item 4F is a proclamation designating the month of
April 2014 as Child Abuse Awareness Month. To be accepted by Jinx
Liggett, Youth Haven Executive Director. This item is sponsored by
the Board of County Commissioners.
Please step forward.
(Applause.)
MS. LIGGETT: I would like to say a few words.
CHAIRMAN HENNING: Please.
MS. LIGGETT: I did want to -- I do want to say thank you so
very much to all of the county, all the Collier County Board of
Commissioners, and special thanks to you, Commissioner Fiala, for
doing this and sponsoring us. It is critically important, as you just
heard from Children's Advocacy, and it's -- child abuse is horrific, and
the traumatic effects are long lasting.
And it's interesting because all -- so many people in this room are
already partners with Youth Haven, and we greatly appreciate that.
Youth Haven's just one piece of that puzzle, that critical component
that helps these children strengthen and survive and go on to have
success.
Page 17
April 8, 2014
And they are vulnerable. They're our most vulnerable
youngsters, and they're our most vulnerable people is our youngsters.
We collaborate with many partners such as Children's Advocacy,
who you heard from today, the Collier County Sheriffs Department,
David Lawrence, many, many, many more, Children's -- there are so
many wonderful agencies, and we don't do it alone, but we surely do
partner with them, and it is because of them that we do have success
here, and it is because you-all recognize it and raise the awareness,
and that's a pretty amazing group of people you are.
So many thanks to you. We thank each and every person, each
and every agency here because it doesn't just take one person. It takes
the whole -- it takes a whole town, and that's what we're doing today.
So thank you once again on behalf of our youngsters. And we
have children, teens, and the families that go with them. So, once
again, thank you.
(Applause.)
Item #4G
PROCLAMATION RECOGNIZING APRIL 13 THROUGH APRIL
19, 2014 AS NATIONAL TELECOMMUNICATORS WEEK.
ACCEPTED BY COLLIER COUNTY SHERIFF'S OFFICE
CAPTAIN ROY ARIGO, COMMANDER BILL RULE, CHIEF
GREG SMITH — ADOPTED
MR. OCHS: Item 4G is a proclamation recognizing April 13th
through April 19, 2014, as National Telecommunicators Week. To be
accepted by Collier County Sheriffs Office Captain Roy Arigo,
Commander Bill Rule, Chief Greg Smith. This item is sponsored by
the Board of County Commissioners.
Please step forward.
(Applause.)
Page 18
April 8, 2014
COMMANDER RULE: Good morning. I'd like to thank you for
passing this proclamation. For the record, my name is Bill Rule. I'm
the commander in charge of communications for the Collier County
Sheriff s Department.
This is truly the best part of my job, because I get to brag on the
dedicated men and William (sic) -- men and women who serve the
citizens of Collier County every day.
Our members go through approximately one year of training to
prepare them for their job, then they constantly have one month (sic)
every -- training every month to maintain their state certification.
On a daily basis, they receive approximately 1,000 calls per day;
300 of those are emergency calls from citizens of Collier County.
Our members never know when the phone rings if they'll be
providing assistance to a citizen for a broken down vehicle or
providing lifesaving information, such as CPR or assisting a citizen in
applying appropriate pressure to a bleeding wound.
This job is one that has intense pressure on a daily basis but also
has its rewards. Since 1992, the men and women have saved 73 lives
by providing assistance over the phone. Since 2003, they have
assisted in delivering nine very healthy babies.
On behalf of Sheriff Rambosk and all the members of the Collier
County Sheriffs Office, I would like to thank all the members of the
communications center for their dedication to the agency and the
citizens of Collier County.
Thank you.
CHAIRMAN HENNING: Chief?
(Applause.)
CHAIRMAN HENNING: The young men and women that were
up here to receive the proclamation, they work in the dispatch center?
COMMANDER RULE: Yes, sir, they do.
CHAIRMAN HENNING: Great. Thank you.
COMMANDER RULE: Thank you.
Page 19
April 8, 2014
Item #4H
PROCLAMATION DESIGNATING APRIL 17, 2014 AS
CONSERVANCY OF SOUTHWEST FLORIDA, EVA SUGDEN
GOMEZ ENVIRONMENTAL PLANNING CENTER AND
SUSTAINABILITY PLAZA 50TH ANNIVERSARY
CELEBRATION DAY. ACCEPTED BY LYNN SLABAUGH,
CONSERVANCY OF SOUTHWEST FLORIDA BOARD CHAIR
AND ROB MOHER, PRESIDENT AND CEO OF THE
CONSERVANCY OF SOUTHWEST FLORIDA — ADOPTED
MR. OCHS: Item 4H is a proclamation designating April 17,
2014, as Conservancy of Southwest Florida Eva Sugden Gomez
Environmental Planning Center and Sustainability Plaza 50th
Anniversary Celebration Day. To be accepted by Victoria Pollock,
chief financial officer, Conservancy of Southwest Florida, and this
item is sponsored by Commissioner Fiala.
If you'd please step forward.
(Applause.)
MS. POLLACK: I don't normally come out to these things.
Well, first of all, as the representative of Conservancy of
Southwest Florida, I'd like to thank you all for this proclamation
today.
As you know or may not know, we are celebrating our 50th year
of protecting Southwest Florida's land, water, and wildlife, and we're
looking forward to another 50. We couldn't do it without your support
and the community's support, so we want to thank you all for that, and
also to invite you to our Earth Day Festival on April 17th (sic). It will
be a nice full day out there. Come see our new campus and
everything that we have that's all fresh and brand new there. So thank
you.
(Applause.)
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April 8, 2014
Item #4I
PROCLAMATION RECOGNIZING THE MONTH OF APRIL AS
SEXUAL ASSAULT AWARENESS MONTH AND TO
RECOGNIZE CRIME VICTIM'S RIGHTS WEEK. ACCEPTED
BY MICHELLE ENGLISH, EXECUTIVE DIRECTOR PROJECT
HELP, ANGELA LARSON, SUPERVISOR, COLLIER COUNTY
SHERIFF'S OFFICE, BETTY ARDAYA-MCGUIRE, 20TH
CIRCUIT STATE ATTORNEY OFFICE AND STAFF - ADOPTED
MR. OCHS: Item 4I is a proclamation recognizing the month of
April as Sexual Assault Awareness Month and to recognize Crime
Victims Rights Week. To be accepted by Michelle English, executive
director of Project Help; Angela Larson, supervisor of Collier County
Sheriffs Office; Betty Ardaya-McGuire, 20th Circuit State Attorney's
Office; and the staff, and this item is sponsored by Commissioner
Coyle.
If you'd please step forward.
(Applause.)
MS. STREIGHT: Good morning. My name is Eileen, and I
work for Project Help. And on behalf of Project Help, the Collier
County Sheriffs Office, and the 20th District State Attorney's Office, I
want to thank you for allowing us this proclamation today making
April Sexual Assault Awareness Month; and Crime Victims Week is
actually this week, so we're right in the middle of it.
These three agencies work very, very hard to work with victims
of sexual assault and victims of violent crime, not only to do crisis
intervention and advocacy, but to help them balance what's going on
through the judicial system.
We all work very closely together, and it's very nice today that
we're here and you're able to recognize the hard work that these three
agencies do for our victims every single day. And I want to thank you
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April 8, 2014
very much.
CHAIRMAN HENNING: Commissioner Hiller?
(Applause.)
COMMISSIONER HILLER: I just want to say, Commissioner
Coyle, thank you so much for bringing this forward on behalf of the
board. It is very important to recognize both Sexual Awareness
Month and Crime Victims Rights Week.
And I want to commend Project Help for all you do. And you're
also members of the Victims Advocacy Coalition and just absolutely a
remarkable contributor to this initiative to stop crimes against victims.
So thank you for everything you're doing.
MS. STREIGHT: And we want to thank you for including us in
that very much. Thank you.
COMMISSIONER HILLER: Thank you.
(Applause.)
Item #4J
PROCLAMATION DESIGNATING THE MONTH OF APRIL 2014
AS COLLIER COUNTY HONOR FLIGHT MONTH. ACCEPTED
BY SEAN LUX, DIRECTOR COLLIER COUNTY HONOR
FLIGHT, DR. DEBI STRAND, ASSISTANT DIRECTOR
COLLIER COUNTY HONOR FLIGHT, JOHNNA DETTIS,
MEDICAL DIRECTOR COLLIER COUNTY HONOR FLIGHT
AND BOARD MEMBERS MYRA WILLIAMS AND DEBORAH
AND ALEN SILVER — ADOPTED
MR. OCHS: Item 4J is a proclamation designating the month of
April 2014 as Collier County Honor Flight Month, to be accepted by
Sean Lux, Director of Collier County Honor Flight; Dr. Debi Strand,
Assistant Director of Collier County Honor Flight; Johnna Dettis,
Medical Director of Collier County Honor Flight; and board members
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April 8, 2014
Myra Williams and Deborah and Alan Silver. And this item is
sponsored by Commissioner Nance.
If you'd please step forward and be recognized.
(Applause.)
MR. LUX: Good morning. My name is Sean Lux. I'm the
Director of Collier County Honor Flight. Thank you very much for
our proclamation this morning.
Let's see. Our team, we are 100 percent volunteer. We all have
real jobs, so that kind of changed up who came here today. I'm Sean
Lux. We have Dr. Debi Strand, co-founder, assistant director. We
have Linda Valentine and Deb Silver.
Now, as you know, we are the local hub of the national Collier --
or National Honor Flight Network, and we are 100 percent volunteer.
Now, in this busy world we live in, our hectic lives we -- it's too
easy to forget those who came before us, those that sacrificed for our
freedoms. Okay. They're people that secured our freedoms. They are
still around. They are pushing 90 years old. Well, in many cases over
90. Those are World War II veterans.
Now, just the last October, we saw the need -- that our veterans
weren't well represented in the National Honor Flight Program. And
we stepped forward. We founded Collier County Honor Flight to give
all of our World War II veterans the opportunity to visit their
memorials in D.C.
And we had our -- we formed last October. We had a very
successful flight in November, and we are pushing forward for another
flight April 26th. So thank you for declaring it Collier County Honor
Flight Month.
And we truly need the support of the local community. We're
very fortunate we're able to get a tremendous team together. We have
people like John Cox here who volunteered to be on our next flight as
a guardian. We had the sheriffs department who gave an escort to us
-- for us to the airport on our first flight, and it truly is a great
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April 8, 2014
community effort to give back to those who have sacrificed so much
for us.
So we invite you to come support our World War II veterans.
We have 50 of them going to Washington, D.C., on the 26th. So come
out to RSW about 6 o'clock in the morning, wave some flags, cheer
them through security, and then when they come back home, about 10
o'clock at night, cheer again.
As you can see, the last flight we had a lot of people to show up
to welcome them home. And it's just a tremendous community event.
Thank you.
CHAIRMAN HENNING: Commissioner Nance?
(Applause.)
COMMISSIONER NANCE: Yes. I would like to thank you all
for taking your time to do this for these aged veterans that we have.
It's so very meaningful to them to see the memorials in Washington, to
be honored in this way. It's a wonderful outreach for our community
and to honor these people.
And, you know, everybody in this room realizes that time is of
the essence for these people, because they are getting up in years. But
it is extraordinary. It's inspiring. And any of you that have been to
community events in Collier County where we've honored particularly
our World War II/Korean/Vietnam veterans who were prisoners of
war, it's very inspiring, and it's led by a group of wonderful people.
Thank you so much for your dedication.
(Applause.)
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Could you just tell us, for
those who had never heard of this before, what exactly it is and how
much it costs or doesn't cost, please.
MR. LUX: Okay, yes. I left that part out. This is completely
free for our veterans. We solicit public donations to fly our veterans
to D.C. no charge. We certainly realize they have given enough.
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April 8, 2014
COMMISSIONER HILLER: Oh, that's really nice.
MR. LUX: Now, for people that serve as guardians, they're
expected to make a donation to the organization to help defer their
cost for the trip. We're not going to solicit donations on their behalf,
but they certainly provide a very important service in ensuring the
safety of their veteran.
Most of the veterans are about 93, 94 years old. They all --
they're all going to be pushed around in wheelchairs when we get up
to the memorials just for safety purposes, so we do need, you know,
one-to-one ratio between veterans and the escorts, which we call
guardians.
Now, we fly out bright and early in the morning, in this case
Saturday morning. We'll take a direct flight to Washington, D.C., and
go visit the World War II memorial. We spend most of our time at the
World War II memorial, as we are primarily serving the World War II
veterans right now. As long as we're here, we're going to take as
many of them there as we can, and then we visit the national -- or
Arlington National Cemetery for the changing of the guard. We also
visit the Korean and Vietnam memorials as well as the Iwo Jima
memorial, which is also the Marine Corps memorial.
CHAIRMAN HENNING: Thank you.
MR. LUX: Okay. For -- yes. For a flight, we're looking at about
$50,000; 50- to $60,000 to pull off one flight, so we do need the
support of the community.
CHAIRMAN HENNING: I think you need some assistance.
DR. STRAND: Hi, there. No, that's fine. We're both kind of
nervous. This isn't what we normally do. But, yes, we're planning
three flights this year. We actually think that all three flights will be
completely World War II veterans. A lot of people think there aren't
that many around, but our neighbors, the people we meet in the
grocery store, at the restaurants, they're all proudly displaying the
World War II hats. A lot of them don't. But this is their opportunity.
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April 8, 2014
The World War II memorial wasn't built until 2004, which was
over 50 years after the war, and a lot of them at that time were already
in their 80s and didn't have an opportunity to go there.
So what we've decided to do is honor them and thank them for
our freedom because we wouldn't be here being able to do what we do
today, and this is definitely a local community involvement where you
see every penny spent going to our local veterans. So thank you very
much.
CHAIRMAN HENNING: And are you looking to raise $50,000
for each flight?
DR. STRAND: Yes, sir.
CHAIRMAN HENNING: Okay. So a total of 150,000 you're
looking to raise from the community for these World War II veterans
to go to Washington, D.C.
DR. STRAND: Yes, sir. And we don't get -- we don't pay any of
us any money. We -- like Sean says, we all work full time, and we do
this as a passion.
CHAIRMAN HENNING: Well, thank you for your service.
COMMISSIONER HILLER: Very nice.
(Applause.)
CHAIRMAN HENNING: I entertain a motion to approve
today's -- we do have two proclamations that were -- we have a
time-certain at 10:45.
MR. OCHS: Yes, sir, we have one more.
CHAIRMAN HENNING: One more?
MR. OCHS: No, you're correct, at 10:45.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: Motion to approve the
proclamations as read.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion and second to approve the
proclamations as read.
Page 26
April 8, 2014
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Now we're going to go to service awards.
Presentations.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR APRIL 2014 TO BIGHAM JEWELERS.
ACCEPTED BY KATHY BIGHAM, FOUNDER OF BIGHAM
JEWELERS — PRESENTED
MR. OCHS: We have one presentation this morning, Mr.
Chairman. It's Item 5A. This is a presentation of the Collier County
Business of the Month for April 2014 to Bigham Jewelers. Kathy
Bigham, the founder, is, unfortunately, unable to be here today, but
we're honored to have Irsula Phahl and Kristen Nervo here to accept
on behalf of Bigham Jewelers.
If you'd all please come forward and receive your award.
(Applause.)
MS. PHAHL: Could I ask for something out of the ordinary?
Ms. Deb Silver is also an employee of Bigham Jewelers, a board
member of the Honor Flight. If she could be part of this.
COMMISSIONER HILLER: Come on down. Yes, absolutely.
MS. PHAHL: On behalf of Mrs. Bigham and Mr. Bigham, I
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April 8, 2014
would like to thank the commissioners and the chamber for choosing
Bigham Jewelers as a representative of Business of the Month.
It's humbling to appear before you after hearing how much good
is being done in the community by our many not-for-profit and service
organizations. But considering that business, and in this county small
business, helps us fund so many of the needed services, I would like to
just mention also that perhaps Bigham Jewelers meets your criteria of
economic development.
Mrs. Bigham came to Collier County almost 20 years ago by
herself, immediately followed by her mother, brother, and
sister-in-law, and only much later her husband, to start a business
because she loved what she saw in Collier County for -- from a trip.
She enjoyed the environment. She loved the people she met. She
said, this is where I will open my jewelry store. She did; that was in
1995. Bigham Jewelers will celebrate its 20th anniversary next year.
Those of you who travel up and down on U.S. 41 see that this
young lady at the time, who came just with intention and an ambition
and a passion, has built a beautiful free-standing building, which now
employs 14 people. In terms of-- 14 people, which is 10 in addition
to the original four Bigham Jewelers family members.
In addition, I think I would like to point out that Bigham Jewelers
probably meets most of the economic development criteria that the
alliance for the public/private, the alliance for economic development
is seeking in attracting new businesses, that is to have a low
environmental impact, to be well received by the community, to pay
above-average wages, and to just be an addition -- a favorable addition
to the community. Bigham Jewelers tries to accomplish all of these
every day.
On another level, I would like to see just -- to say just how the
different threads work in a funny way. We did not know when the
chamber graciously told us that they would like to submit Bigham
Jewelers for the honor of Business of the Month that Honor Flights
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April 8, 2014
would also be recognized. My colleague, Deb Silver, entirely outside
of her work schedule and often, as one who arranges the work
schedule, meeting her change requests to attend Honor Flight
activities. Those of you working with schedules know what work
schedules -- what their arrangements are like in the workplace, as well
as Youth Haven who left earlier, Jinx Liggett, and the Guardian Ad
Litem program being mentioned.
Mrs. Bigham, for over four years, has been a Guardian Ad Litem
to a teenage person whom she mentors and meets with favor --
faithful, I should say, and postpones business meetings and business
opportunities when a meeting is scheduled with the young lady.
Then in a final thread, when Commissioner Hiller mentioned
Palmetto Ridge's success in representing Collier County in Boston, I'd
like to point to Bigham Jewelers' newest employee as of three weeks,
Kristen Nervo, a 2013 graduate of Boston College, who nearly jumped
out of her skin when she heard that there might be an opportunity,
perhaps, to volunteer service to participate in planning and preparing
Palmetto High School's next participation in the Boston parade.
COMMISSIONER HILLER: Boston, St. Patrick's Day 2015,
you and me.
MS. NERVO: All right. I'm down.
COMMISSIONER HILLER: We'll go to the forest (sic)
together.
MS. NERVO: Sounds great.
MS. PHAHL: So thank you for allowing Bigham Jewelers to be
here. Thank you for the chamber, Mr. Cox, Kristi Bartlett, and
everyone -- Mrs. Bigham, the entire Bigham family, and all of us at
Bigham Jewelers sincerely appreciate this great honor.
Thank you.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I just want to congratulate the
Bigham family and your entire staff. You have been major
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April 8, 2014
contributors to the community at so many levels.
So please send them my personal congratulations, because they're
outstanding people.
MS. PHAHL: I'll be honored to do that. Thank you,
Commissioner.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Okay. Go to Item 10.
MR. OCHS: Yes, sir.
Item #10A
COMMISSIONER HILLER'S REQUEST REGARDING A MARCH
25, 2014 NAPLES DAILY NEWS ARTICLE TITLED "COLLIER
COUNTY TO REVIVE MOBILE HOME ZONING PROGRAM" -
PRESENTED AND DISCUSSED; STAFF TO BRING BACK
PROPOSED CHANGES FOR MOBILE HOME COMMUNITIES
WITHIN COLLIER COUNTY
MR. OCHS: Item 10A is Commissioner Hiller's request
regarding the March 25, 2014, Naples Daily News article titled
"Collier County to Revive Mobile Home Zoning Program."
COMMISSIONER HILLER: Thank you. To begin, I just want
to explain that we have a new managing editor and publisher at the
Naples Daily News, and I had the honor of meeting Manny, the new
managing editor. And I spoke at length with him, giving him my
thoughts on how the Naples Daily News or, as some people like to
jokingly -- maybe not jokingly -- call it the Negative Daily News,
reports on the county's activities.
And so he said, well, you know, Georgia, when you think that
there is something incorrectly reported or omitted, why don't you
write a letter to the editor, and we'll publish it, maybe. Right?
Parenthetically.
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April 8, 2014
And so I said, you know, thank you very much for your kind
offer; however, you know, that dog just doesn't hunt, and the reason it
doesn't hunt is because, you know, Jeff Lytle has the ability to not
include a letter to the editor, edit it, et cetera, et cetera.
So, you know, my feeling is, is if the Naples Daily News doesn't
completely or correctly report and the editors fail to catch, you know,
the omission or the error or the editors add stuff to what otherwise
would be a well-written article by a reporter to basically engage in
what isn't, you know, the truth and -- the whole truth and nothing but
the truth, then my feeling is that since it relates to a board matter, that
it be corrected in the same forum that the matter was brought up in.
So to that end, I wanted to address some of the issues in the
article that was written. Now, Greg Stanley, our reporter for the
Government Beat, is new to his seat. And so I called Manny, and I
told Manny that I was going to bring this article forward because I
wanted to discuss certain issues addressed in it, and he passed the
buck on to Greg, and Greg tried to call me, but it's not Greg's fault.
This has nothing to do with Greg. Greg is doing his job and doing a
great job at it.
It is the responsibility of the editorial staff to ensure that what is
reported is accurate and complete. And so to that end, I'm addressing
them and not Greg.
So to begin, what I want to explain is that for whatever reason,
and I'm not really sure why, the Naples Daily News decided to address
the Blocker litigation in a completely unrelated matter, and that was
Commissioner Nance's well-intended request to bring back the SIP
program.
Now, what happened was, in the article the way it was described,
it would appear to the uninformed reader -- and the Naples Daily
News has never brought the facts of this case out correctly and
completely -- is that the Blockers had racked up a million dollars in
zoning violations.
Page 31
April 8, 2014
Now, the violations against the Blockers had nothing to do with
the condition of the units, absolutely nothing to do with the condition
of the units. What, in fact, happened was the Board of County
Commissioners, through code enforcement -- and this was decided by
a different board than the board that sits here today -- decided to
essentially prosecute the Blockers, and they claimed that the Blockers
did not have the right to use their property as a mobile home park, and
they claimed that the zoning had changed and that the zoning was now
industrial.
So what was really at issue was, in fact, a regulatory takings.
And the Blockers, fortunately, had the ability to stand up to the
county, because what we had going on here was an absolute violation
of private property rights, and government is not allowed to do that.
Government constitutionally cannot take private property without fair
compensation. And that's, in effect, what was happening.
So there was litigation, and the Court ordered mediation. It
wasn't that the board just decided they were going to settle this case by
three votes. It was that the Court ordered mediation, appointed a
mediator, and the county attorney, independent of the board,
negotiated a settlement through the mediator with the Blockers.
And basically what was the outcome of this negotiation was a
settlement that put the Blockers where they would have been but for
the regulatory takings that the county had engaged in. And so all that
was given back to the Blockers is what they had originally.
And in the article it says that the suit was settled by a 3-2 vote.
Well, what the board did, in fact, was when the county attorney came
back to the board and proposed the settlement that he had negotiated
through the mediator, yes, there was a 3-2 vote in favor of approving
the settlement, and the reason was because the settlement saved the
county millions and millions of dollars that the county would have
paid had we gone to trial and had we lost the suit, and the probability
was great that we would have lost the suit, and that was the opinion of
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April 8, 2014
the Court.
And the Court then turned around and had to ratify that
settlement. It wasn't that we could just independently make the
decision to settle it. It was at the Court -- the judge had to ratify that
settlement. And the Court did that. And the Court's opinion was that
the county got off easy. This board saved taxpayers millions and
millions of dollars.
And the Blockers did not profit a dime. All that happened is they
were put back in the position they were in before the county began its
illegal action.
And as to the amount of money that the Blockers recovered and
which was for the legal fees that they never would have had to expend
but for this improper act of government, was, in fact, 340,000, because
our insurance carrier felt, given that it was a regulatory takings claim,
that we would have lost, and so they paid out $200,000 back to the
county reimbursing us for what we paid the Blockers.
So I want to make that very clear, because it's very important that
the community understands that the Blockers did not face fines
because of a dilapidated trailer park, because of dilapidated units. It
was a regulatory takings challenge, and they were put back in their
rightful position. They were legally grandfathered in.
What's very significant about this case is that they -- the county
went after them with a vengeance. The county actually did a study
about -- actually over 10 years ago. They took an inventory, and they
found that there were a number or in their -- in the county's opinion,
and that is actually truly an opinion and not supported by fact, that
there were all these trailer parks out there that were illegally zoned,
that didn't have the proper density. But it was the Blockers that they
went after with a vengeance. They isolated the Blockers.
And in other instances where there were claims that there was --
there were properties that were illegal and not properly zoned and
should not be grandfathered, they didn't do anything with respect to
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April 8, 2014
those properties, which is very, very disturbing, because in any action
taken by government, it has to be done with an even hand in absolute
fairness.
So here we are today, and Commissioner Nance, working with
the community, is looking to find a way to help bring about order in
this absolute bedlam, if you will, that has been created by Collier
County with respect to the effort to correct the situation as it relates to
housing out in the Immokalee neighborhood, and it is a neighborhood.
It is not a town. It is not a village. It is not a city. It is a
neighborhood.
Now, HUD strongly supports trailers as a means of providing
affordable housing. And the state is very concerned that if you engage
in doing things to improve housing, that you don't displace people as a
consequence.
It is absolutely legally unequivocal that you cannot take property
because it's blighted. And, yes, you can do something about it. And
what you do when you have blight is you act in a positive fashion.
You do what's necessary to give people the opportunity to renovate
and to make their community better. And the mechanisms used to do
that are CRAs. And, in fact, we created a CRA out in Immokalee to
help re-gentrify the community. That was the intent.
So what else was the intent? The intent was to create a program
to make clear what the legal status of these trailer homes and trailer
parks were and, as well, do something to help improve the condition
of the trailers themselves.
So going back to the early 2000s, this program, this SIP program,
this Site Improvement Plan program was developed, and that program
was put in place with the intent to try to solve the problems that I just
identified.
However, there is a problem with the Site Improvement Plan
program, and that is it doesn't, in any way, improve the condition of
the trailers. It doesn't bring about the replacement of substandard units
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April 8, 2014
or the improvement of the condition of substandard units, and it is
fraught with legal problems. I mean, it violates equal protection,
among other legal issues that are inherently problematic with the
program being proposed.
So what the goal of the Board of County Commissioners is and
what the goal of the majority that voted in favor of having staff look at
this SIP program as a vehicle to help the trailer owners and the trailer
park owners in Immokalee, was really to help eliminate the problems
dealing with questions about the legality of the use of the land and to
bring in a program to help upgrade the units.
So how can that be achieved? It can't be achieved through the
SIP program. That is not the way to solve the problem. The way to
solve the problem in Immokalee and other parts of Collier County --
because, again, we have to deal equally with all similarly situated
properties -- is to recognize the legal grandfathered status of these
trailer parks, to re-establish the zoning and recognize the zoning as
allowing for these trailer parks, and then to turn around and to use
federal funding as it is intended to help these trailer park owners and
to help individual trailer owners replace existing units with new units.
So what I am going to recommend is that when staff goes back
and evaluates this program, that it sets it aside and, instead, work with
the county attorney to come up with re-establishing the existing
zonings, allowing these trailer parks and trailer home owners to have
their legal rights -- they are vested legal rights -- and develop a
funding program through HUD, through either CDBG or HOME
funding, whichever program, you know, can provide for this support,
to have these trailers replaced, because that is what the federal
government wants to see happen.
The SIP program does not change any sort of zoning that is
illegal and makes it legal. It is not accomplished. All it does is it puts
a plan of what's in place on a piece of paper and suggests that a trailer
park owner or a trailer owner has to put in a bush. That does not solve
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April 8, 2014
anything about the quality of housing for a segment of our community
that deserves a great deal of help.
So I wanted to make that clear. None of this is political. The
newspaper also added my donations received from the Blockers.
They actually donated more than 11,000, and you can go to Collier
Votes to see all my donations. This is not a political issue. This is an
issue which is very important to this board. It's very important to
Commissioner Henning. It's very important to Commissioner Nance.
It is very important to me to see that we have legal rights respected
and that we have an incentive program to encourage these property
owners to provide the best possible housing to their residents or for
themselves as owners.
So, Greg, I know you're new. I know you don't have this whole
history so -- you know, I appreciate your efforts. The responsibility
lies on the editors to properly explain the story so people truly
understand the objectives of this board and the actions of this board.
So thank you.
CHAIRMAN HENNING: Commissioner Nance, then
Commissioner Coyle.
COMMISSIONER NANCE: Yes.
Commissioner Hiller, I thank you for your remarks on this.
Everybody needs to understand that one of the most important things
you have to have a community and to have a responsive government is
to have a government that honors its commitments not just to citizens
but to businesses. And when businesses are permitted, under rules and
regulations, it's a reasonable expectation of those people that the
government is going to honor their commitment and to not continually
move the bar so that they don't know what they can count on, and
that's the situation we've had since 2003.
There are many, many mobile home parks in Immokalee that
have been there for a very, very long time. Some of them were
existing in Immokalee before any of us in this room came to this area,
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April 8, 2014
and they provide a very needed segment of housing. It's a simple fact
that ifs not illegal to be poor.
And this is the housing that these people can afford in many
cases, and the only housing they can afford. If it gets eliminated, they
are simply going to be homeless people on the street or suffer a fate
much, much worse than any of us would tolerate. A lot of the mobile
homes out there are legal nonconforming uses, which means if we
opened one today we wouldn't ask for those standards. We would ask
for higher standards, but it's unfair for those people to be made to go
back and continually spend money and update things that they were
never asked to do in the first place. So they are legal nonconforming
uses. In effect, they're grandfathered in.
And the site improvement plan contemplated encouraging these
people to continue to invest in them even though they were
nonconforming and to make them the best that they could. I think it's
very, very unfair for people to continually say that these people are
not interested in conducting business in a good way, that they don't
care about people, that they're slumlords. They use all sorts of
demeaning features just because they deal with the working poor.
That's really un -- unfair.
And the site improvement program has fallen completely out of
function in making our communities better when activities that took
place, as the example that Commissioner Hiller brought forward about
the Blockers, made everybody out there think that there was
absolutely no reason for them to invest in their properties or improve
their properties in any way, because Collier County was getting ready
to seize them because they were out of current compliance standards.
And what that did was that made things in Immokalee even
worse, because business owners out there that had been in business
and, perhaps, inherited the business from their parents were fearful
that they were going to lose everything, and that's certainly not the
situation that we wanted to have happen.
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April 8, 2014
So I think it's -- we should go forward with everything we can do
to work with these people to allow them to work with their
government in good faith to improve conditions, to have their
businesses and their facilities be absolutely as nice as they can be and
certainly work through some of the problems, like drainage and other
things out there that they're absolutely not responsible to do. They're
not -- they don't have to do anything, but they want to. And it's in our
best interest to help them.
So, Commissioner Hiller, thank you for your remarks on this
topic.
COMMISSIONER HILLER: Thank you. Yeah, the SIP
program -- you make such a good point that -- you know, basically
changing the bar --
CHAIRMAN HENNING: Commissioner Coyle is next.
COMMISSIONER HILLER: Forgive me. Let me hit the button
then.
CHAIRMAN HENNING: Commissioner Coyle.
COMMISSIONER COYLE: Yeah, you don't want to miss my
comments.
COMMISSIONER HILLER: I would never want to miss your
comments, Commissioner Coyle.
COMMISSIONER COYLE: I'm really not going to get in the
middle of a quarrel between Commissioner Hiller and the Naples
Daily News except to say to you that, as always, there are different
versions of the, quote, "truth," unquote, depending upon who's telling
the story.
There's adequate information on the public record for the Naples
Daily News to take up that issue if they wish to do so. I'm not going
to do it for them. But nevertheless, you're probably going to hear
more about the truth concerning this particular issue in the future.
Thank you.
CHAIRMAN HENNING: Commissioner Hiller?
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April 8, 2014
COMMISSIONER HILLER: Yeah.
Commissioner Nance, your comments are right on point. The
county, through regulation, through the Land Development Code, has
been changing the bar on people who have been legally grandfathered
in with respect to what their obligations are as it relates to their
property. And the SIP program is just another example of what, in
effect, is a regulatory takings.
So we need a solution that, you know, doesn't constitute a
takings, we need a solution that provides for, you know, equal
application to all trailers in the community, and we need to focus on
Immokalee and help solve the problems, as I suggested, to help these
people have the best quality of life possible.
So thank you for your remarks. You're right on point.
CHAIRMAN HENNING: How many speakers do we have?
MR. MILLER: Just one, sir.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, excuse me.
Commissioner Hiller was talking about the SIP program and that,
you know, this isn't important to this subject, is the way I understood
it, but I understood that the trailer park owners said they couldn't fix
their properties up until they were able to obtain a Site Improvement
Plan, and once they could -- they said they were hampered -- and
that's what, I guess, the lawsuits were about. They were hampered
from ever improving because they didn't have the ability. Yes, there
was some in the early 2000s, but then new owners took over in some
cases, and they said they hadn't had the opportunity to use the SIP
program.
And so that was what I understood, at the last meeting, the reason
we were going to reinstate the SIP program, and then they were trying
to extend it till the year 2020 in order to encourage these people to be
able to fix up their property.
So I'm getting a little bit of a mixed message. I don't know what
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April 8, 2014
-- and I wanted to know if the county attorney would comment on
that, please.
MR. KLATZKOW: The SIP program expired many years ago.
The thought process -- and I've had conversations with staff over the
years and Mark Strain over the years -- was to bring something back
to the board. Because the issue was what we want to do is to have the
trailer park owners put in new trailers. And right now they're having
difficulty doing that.
We wanted to start the public comment as to what would be
necessary to do that, and that was the reason for the LDC amendment,
to bring something back to the board after the public had vetted it so
that the trailer park owners could enhance the living conditions
throughout all of Collier County.
COMMISSIONER FIALA: That's the way I had understood it as
well.
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER FIALA: So I'm sorry if I didn't understand
what you were --
COMMISSIONER HILLER: No. You understood exactly what
the conversation was; however, the SIP program does not achieve the
intent sought by this board. And, again, it goes against all those
people who have been grandfathered in who are, as Commissioner
Nance say, legally conforming (sic).
We cannot force these people -- if they are not doing anything
with respect to their site -- to submit a plan that they previously were
never required to submit in order to allow them to improve their units,
nor can --
COMMISSIONER FIALA: Let me just ask -- let me stop you
right there, because from all of-- all of the conversations that have
been going on during this time, they pleaded that they could not fix it
up unless they had an SIP.
COMMISSIONER HILLER: No. The SIP -- the county
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April 8, 2014
basically said, unless you have this SIP, we will not let you fix it up.
COMMISSIONER FIALA: Right.
COMMISSIONER HILLER: And that was regulation that the
county created after these people had vested property rights where that
was not a requirement. And so, in effect, the SIP program -- and let
me say that everything you said is correct. And what people have been
saying is essentially what you summarized.
The problem is, is it's wrong. And it's not to say that these
people knew that it was wrong and advanced it nonetheless, but it is
very clear that when you go back to the history and what was intended
versus what actually happened, it is unequivocal that the SIP program
is a regulatory takings, and we cannot impose that as a condition
precedent to allow these property owners to move forward with
improving their properties.
And we need to come up with a program through grant funding
to help them make their replacements because, you know, there's a
story -- I remember reading one set of minutes about this -- and there
are many different types of trailer ownership, if you will. You've got
migrant trailer housing, you've got trailers that are individually owned
where the owner of the unit leases the underlying land from the park
owner. There are park owners who actually own the units that they
rent out to tenants. So, you know, there are many -- and these type of
units exist throughout the entire county. The bottom line is, we have to
incentivize and encourage these people to make replacements.
As I was going back, there was a story about an old lady by the
name of Granny, who -- it's so emotional -- who lived in this very
dilapidated trailer. There is no way she could afford to replace her
unit. And, yes, it was substandard.
So what do you do? You want to create a program to help people
like that to replace their units, and we have to do it in a positive way.
We cannot use takings to achieve that end. And the way to do it is
through the federal funding support, because that is what the federal
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April 8, 2014
government intends. And if we're going to be in the housing business,
then this is the type of housing business we should be in.
CHAIRMAN HENNING: Well, let's correct the record, Nick.
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN HENNING: First of all, if you own a mobile home
park, if you are in a condo association where you have multifamily or
if you own a business, site development plans are a must; is that a
correct statement?
MR. CASALANGUIDA: That's correct, sir.
CHAIRMAN HENNING: And site improvement -- or site
improvement or site plans, we need to try to -- and it's applied to
everybody, you know, to fix your health, safety, and welfare issues, to
fix your landscaping, so on and so forth; is that correct?
MR. CASALANGUIDA: Yes, sir. I can add a couple
clarifications, excuse me, that might help out.
Nick Casalanguida, for the record. The dilemma is the word
"improvement" in what you call Site Improvement Plan.
CHAIRMAN HENNING: Right.
MR. CASALANGUIDA: If you add required improvements,
then you're getting into a little bit of what Commissioner Hiller is
talking about.
For your building official to issue a permit, he needs a site plan.
It has to show that the setbacks of the structures meet the appropriate
zoning, between the structures meet the appropriate setbacks for
Florida Building Code, and that the structures that are on there meet
the applicable zoning codes for him to issue that permit.
So the board sets the policy on how that site plan is delivered, but
they need a document on file that shows that -- those criteria.
And, obviously, I think the intent of Commissioner Nance was to
bring back the process and refine it to the point where the board would
give the staff some direction in terms of what would be on that plan.
That plan would then give the owner surety that when they come in
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April 8, 2014
for a building permit, they could replace that unit and that position that
met the zoning setbacks and the applicable zoning laws.
Hopefully that clears it up, because that word "improvement" is
what's really thrown the board off.
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Just a minute. The other -- and this
goes back to the article. And I don't know how they tied Jerry and
Kimberlea Blocker to the article, because they don't need a Site
Improvement Plan. They have a Site Improvement Plan existing, so
they can replace any -- if-- or all structures on their property with a
permit, the proper permits --
MR. CASALANGUIDA: That's right, sir.
CHAIRMAN HENNING: -- if they need to. It is the request of
other mobile home park owners who want it to replace mobile homes.
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN HENNING: Okay. So the article tried to tie two
issues that had no link. This is a request by mobile home owners in
Immokalee to extend that program to replace mobile homes in
Immokalee. That's why I supported Commissioner Nance's item that
he's been working on, because I feel that the people in Immokalee
deserve updated homes. Now, I know it didn't pass by the majority,
but everybody has their own opinion on --
COMMISSIONER HILLER: It did pass by a majority.
CHAIRMAN HENNING: By -- unanimous. But, you know,
that's the issue is Site Development Plans are required by certain land
uses in Collier County, and one is mobile homes. Without that, you
can't update your property.
Commissioner Hiller?
COMMISSIONER HILLER: And just to clarify, you're
absolutely correct, Mr. Casalanguida. The -- it is -- the problem is Site
Improvement Plan. The improvement is what makes it a regulatory
takings. We can require certain underlying documentation, but then
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April 8, 2014
we have to require the same documentation for same permits for all
mobile homes -- quite frankly, for all homes, because there's really no
difference.
And what the county really is asking for is the survey, not a Site
Development Plan, not a Site Improvement Plan. And that is really
what their request ought to be. Give us the survey that shows that,
you know, where you're putting that new unit conforms with the
setbacks that applied to you when you were legally created and
grandfathered in.
And the setbacks are going to be different for those old parks as
compared to what setbacks we might create for right now. What we
cannot do, for example, with respect to setbacks -- and I'm just saying
this as you're thinking through what you bring back -- is require those
grandfathered projects to conform to new setback requirements.
CHAIRMAN HENNING: Well, they're not grandfathered. They
are not grandfathered. I don't care if you have a single-family home or
you have a multifamily or commercial. If you have setback problems,
that becomes nonconforming, Commissioner.
COMMISSIONER HILLER: Okay. But let me just explain that
the setback requirements that governed those projects when they were
put in place under the then zoning is what they have to abide by. So
let's say back in the 1960s the setbacks were 20 feet from a public
road. If we come in today and we change the setbacks and say it
needs to be, you know, 25 feet, that new setback requirement will not
apply to the grandfathered projects.
CHAIRMAN HENNING: Well, I -- you know, that's --
COMMISSIONER HILLER: Because that's the law.
CHAIRMAN HENNING: That's really a legal question.
COMMISSIONER HILLER: But those are the important issues,
because those are the issues that came about in the debate over these
Site Improvement Plans, and we cannot impose conditions on these
people, other than the conditions that governed them when they came
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April 8, 2014
into legal existence.
MR. CASALANGUIDA: Commissioners?
COMMISSIONER HILLER: In other words, their vested rights
and the codes that govern them.
MR. CASALANGUIDA: Your staff just needs direction to go --
bring something back to you. You're vetting something --
CHAIRMAN HENNING: We already did that.
MR. CASALANGUIDA: Right. So I think we're going to go
take care of it and bring you back an item, and at that point in time
you can vet out. And hopefully we'll have taken care of all the issues
in advance so you'll have a clean item coming forward. Doing it on
the fly is --
COMMISSIONER HILLER: And there's no question. The point
is, is that we need to make sure that the zoning is legal so that they can
go forward and make these improvements and get funding to do so.
CHAIRMAN HENNING: Does anybody else want to say
anything before we go to the public speaker? Go ahead and call.
MR. MILLER: Your public speaker is Garrett Beyrent.
MR. BEYRENT: For the record, I have to agree with
Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
MR. BEYRENT: Fourteen years ago I was written up in the
Naples Daily News, and as a result of Jeff Lytle, I ended up going to
jail for two years. It was a maximum security facility, the Collier
County Jail in a lockdown.
When I did get out, I didn't back off on the newspaper. Lytle had
me arrested, and I went before Judge Baker, who admitted in court
that he was actually a friend of Jeff Lytle, had known him for many
years. And as a result of that battle, I got 113 days in a Clearwater
lockdown asylum.
After 113 days, I managed to talk two psychiatrists into letting
me go. And as Judge Eugene Turner told my ex-wife, your
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April 8, 2014
ex-husband may be crazy, but he's not legally insane.
Basically, this all started with articles over the original stadium of
1990 where my partner had essentially entertained four of the five
commissioners -- minor bribes is what I would call them. He just
called them stuff(sic) when he drank too much.
And, long story short, he brought in a PUD with two gas stations
at the entrance to his subdivision and was immediately granted both
gas stations despite a pending change in the PUD that would occur at
1 :30 in the afternoon of the same day, and I got up right behind him
and had my PUD -- basically, I knew that they were going to deny me
my gas station on Pine Ridge Road.
And I was so infuriated by the corruption in Collier County that I
came before the board right in front of where Georgia Hiller is and got
on my knees and begged for a gas station. I was just sick and tired of
this crap.
And my attorney at the time was Dudley Goodlette, and Dudley
would testify to that, I'm sure, because he's a really honest guy.
So thanks for letting me share that.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Last word on this item,
Commissioner Nance, and then we're going to take a 10-minute break.
COMMISSIONER NANCE: Yes. I really think that it is
important to let staff go through and come up with some --
COMMISSIONER HILLER: A solution.
COMMISSIONER NANCE: -- solutions to working forward
and making things better in Immokalee. It is absolutely
uncontroversial that the actions of this government have made the
conditions in Immokalee worse, not better. We have to change the
way we're approaching it.
When the SIP program, the program that we had embarked upon
expired in 2003, since then we've had Hurricane Wilma, which
devastated the entire Collier County. We have had the worst recession
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April 8, 2014
that any of us in our lifetime has lived through to date, and we had
some of the worst farm agribusiness markets than anybody can ever
remember.
All of this has made it very, very difficult for all businesses in
Immokalee to survive, much less thrive, and certainly the housing of
the people that work in that industry, which is heavily agrarian, have
suffered the most of any of us.
So it is in our very best interest to work together with these
people who do provide much needed low-cost housing to help them
move forward with the understanding that the government is going to
be their partner and assist them and not seize their property.
So thank you very much.
CHAIRMAN HENNING: Okay. Let's take a 10-minute break
and be back at 10:40.
(A brief recess was had.)
CHAIRMAN HENNING: Everybody take their seats, please.
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Let's jump around on the agenda until
we get the proper people here.
MR. OCHS: Thank you, sir. I know we have -- we have some
folks here on 11E. If we could do that, Mr. Chairman, quickly.
CHAIRMAN HENNING: Okay.
Item #11E
DIRECTION AS TO THE BOARD'S PREFERRED APPROACH
FOR REGULATING WORK IN COUNTY RIGHTS OF WAY BY
PRIVATE UTILITY PROVIDERS - MOTION TO APPROVE
OPTION #1 WHICH REGULATES WORK BY CURRENT
UTILITY SERVICE PROVIDERS THROUGH THE EXISTING
RIGHT-OF-WAY PERMIT PROCESS, INCLUDING
REASONABLE MODIFICATIONS THAT COULD
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April 8, 2014
STRENGTHEN THE DUE DILIGENCE AND REGULATORY
PROCESS — APPROVED
MR. OCHS: I don't think it would take very long. That is a
recommendation to provide direction as to the board's preferred
approach for regulating work in county rights-of-way by private utility
providers.
Mr. French can give a brief presentation or go right to the staff
recommendation. It's just by way of very brief background,
Commissioners. You recall several meetings ago you had a public
petition where there was a request for an exclusive natural gas
franchise in Immokalee.
You asked us to go back and look at alternatives to bring back to
the board for consideration on how to properly regulate that activity.
We brought back a concept of a franchise agreement subsequent to
that and some additional review with our county attorney and some of
the other providers that currently work in our rights-of-way.
We have taken a bit of a step back, particularly if the board
doesn't have an interest in assessing a franchise fee. There may be
another instrument that's more appropriate to regulate that kind of
work in the right-of-way, and those are the two options.
CHAIRMAN HENNING: Commissioner Fiala -- or
Commissioner Hiller wants to give her opinion on a new tax.
COMMISSIONER HILLER: You are unbelievable. Oh, my
God.
CHAIRMAN HENNING: What is your opinion?
COMMISSIONER HILLER: My opinion is that I want to talk
about something completely different.
I think it's extremely important that we continue this, and the
reason I'm suggesting a continuance is because we do need to come up
with the appropriate type of permitting, but I don't think the question
is ripe at the moment, because one of the things that I think we need to
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April 8, 2014
have before us is an understanding of how this, and any other private
utility that will use the right-of-way, will be approved by the public
commission. And so we need to be absolutely sure that we factor in
whatever is approved in how we permit this.
Secondly, I think one thing that we also have to have an
understanding of is basically the chain of supply so that we fully
understand who we are permitting, because what we are talking about
in the case of this particular application that has come before us -- or a
request for the right to apply -- is that we are dealing strictly with a
distributor, but we need to consider that there's a partnership between
the distributor and the supplier.
And so we need to understand who the supplier will be, because
it goes to the issue of liability. And if anything were to happen, we
need full indemnification from all the users of this distribution line,
which would be the distributor himself as well as the distributor's
supplier.
So while I do think we have to get this done, we don't have
enough information now to draw a correct conclusion.
CHAIRMAN HENNING: What's the public commission? You
said it has to go before the public commission. Who is it?
COMMISSIONER HILLER: Yeah. They basically -- go ahead.
MR. OCHS: Jamie, please.
MR. FRENCH: The water public service commission are cabinet
members -- or not cabinet members, but these are assigned
commissioners by the governor of the state of Florida. Generally,
their terms are identified by Florida Statute and, you know, some stay
on for their entire career where others only stay on for a short period
of time, one or two terms, four to eight years; however, the Florida
Public Service Commission is the ultimate authority for both electric
and gas.
MR. OCHS: They regulate those private utilities --
COMMISSIONER HILLER: You know what --
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April 8, 2014
MR. OCHS: -- around the state.
COMMISSIONER HILLER: -- can we just hold for one minute.
We have our French delegation walking in right now. So let's allow
them to take a seat, and then we'll continue.
(Commissioner Hiller speaking in French.)
MR. OCHS: Mr. Chairman?
CHAIRMAN HENNING: Yeah.
COMMISSIONER HILLER: Sorry.
CHAIRMAN HENNING: I don't see any reason why we can't
give direction or make a motion on No. 1 unless there's a majority of
the board that wants to create a new tax or franchise fee.
MR. OCHS: Mr. Chairman, if I might, to address Commissioner
Hiller, our recommendation in No. 1 is to use the traditional tool of the
right-of-way permit process but to bring that back with some
modifications that address the kind of issues you're raising right now,
and I think we can do that with board direction to allow us to
strengthen the due diligence and some of the regulatory oversight in
your right-of-way permitting process, including addressing the -- you
know, the liability issue beyond what we already do. So I think giving
us that direction to proceed under No. 1 will --
CHAIRMAN HENNING: Is that good?
COMMISSIONER HILLER: Yes.
MR. OCHS: -- will hopefully address your concerns.
COMMISSIONER HILLER: Yes. And look at the other -- look
at the other permits that we issue in the right-of-way in conjunction
with that. Look at, you know, ensuring that we're limiting our
liability, ensuring that, you know, they're -- whoever the user is is
properly approved by whichever agency should be approving them
before we issue the permit.
MR. OCHS: Right.
COMMISSIONER HILLER: We don't want to issue a permit to
an entity that has not yet been approved by the appropriate agency.
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April 8, 2014
And let's make sure that when we issue the permit, that it's
appropriately issued to all parties involved.
Now, it could be that the distributor will also be the supplier.
MR. OCHS: I understand.
COMMISSIONER HILLER: Alternatively, they could be
different parties. So let's make sure we get all those bases covered.
So "continue" is the inappropriate word. I mean, it's basically to
suggest that, you know, you go back and get all these facts and then
bring it forward.
And, please, by all means, speak to, you know, the applicant to
get the appropriate level of information. And I would also recommend
speaking to the public commission as well to make sure that, you
know, whatever we put in that permit matches -- you know, that it isn't
in conflict with, you know, what they allow in terms of conduct for
these types of providers.
CHAIRMAN HENNING: Commissioner Nance, then
Commissioner Coyle.
COMMISSIONER NANCE: Yes. I hope that we can bring
something forward in a timely fashion, but we need something that's
going to be boilerplate that's going to contemplate all of the
infrastructure. It's going to be -- and all the utility is going to be
installed in these areas. It's going to include not just energy related,
but it's going to include things like fiber optics, communications, all
sorts of stuff. But we need to have something online that's
straightforward and easy to deal with.
So I think it's timely that we consider this now, because if we're
to position ourself for economic development in the east where any of
this exists --
CHAIRMAN HENNING: Is that a motion?
COMMISSIONER NANCE: -- you've got a blank slate and
ready to roll.
CHAIRMAN HENNING: Is that a motion?
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April 8, 2014
COMMISSIONER HILLER: Well, the motion --
COMMISSIONER NANCE: Yes.
COMMISSIONER HILLER: -- is No. 1, which is to recommend
staff, you know, contemplate these facts and bring back the proposal.
COMMISSIONER NANCE: I'll second that.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Motion by Commissioner Hiller and
second by Commissioner Nance to accept Option 1 .
Commissioner Coyle?
COMMISSIONER COYLE: I would like to reserve my
comments until after the public comments.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: How many do we have?
MR. MILLER: Three.
CHAIRMAN HENNING: Three.
MR. MILLER: Three.
CHAIRMAN HENNING: Okay. Well, let's call them up,
please.
MR. MILLER: Your first public speaker is Dudley Goodlette.
He'll be followed by Leroy Sullivan.
MR. GOODLETTE: I thank you, Members. Dudley Goodlette.
I represent Teco Peoples Gas.
I've communicated with each of you in a letter that outlines our
position encouraging you to take the action that you've just now made
a motion to pursue Option No. 1 .
So in the interest of time, I would waive my time at the podium.
Mr. Horton, who I also signed up for with Teco's Gas, as well as Mr.
Sullivan, I think we can all waive our time, but we'll be available to
answer any specific questions that may arise during the discussion, if
that's consistent with what you were looking for, Commissioner
Coyle.
CHAIRMAN HENNING: Thank you.
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April 8, 2014
MR. GOODLETTE: Thank you very much.
CHAIRMAN HENNING: Next speaker?
MR. MILLER: He just -- all three speakers have waived
according to Mr. Goodlette. They were all employees of Teco Gas.
CHAIRMAN HENNING: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Then I would like to make one
suggestion for staffs consideration. We're being told that this
arrangement to provide natural gas supply to particularly the
Immokalee area initially is going to have a very large benefit to the
residents and the businesses out there.
I would like to make sure that we have an agreement which will
result in fairly immediate action with respect to providing those
services and not create a situation where the recipient of this
agreement, of these rights-of-way, will hold off for years and years
and perhaps even try to flip the arrangement.
My objective is to get a short-term improvement and benefit to
the community. If it's -- if the development of this gas line is delayed
for years and years and years, it does not serve our interest or the
public's interest to lock up the right-of-way for that purpose.
So I think we need to consider that a little more closely. It's like
approving a PUD that doesn't get developed for another 20 years. I
just don't like doing those kinds of things.
COMMISSIONER HILLER: Can I --
CHAIRMAN HENNING: Commissioner Hiller, Commissioner
Fiala.
COMMISSIONER HILLER: Yeah, I agree with you,
Commissioner Coyle. There is no question there has to be a time for
performance. And if there is no performance during that period of
time, there also has to be an understanding that these rates are
nonassignable for the very reasons that you just described.
So I totally support your comments, and staff should, again, take
that into consideration.
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April 8, 2014
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: And the other thing is to also
remember that this is a nonexclusive right --
MR. OCHS: Absolutely.
COMMISSIONER HILLER: -- so that, you know, we are not in
way, you know, creating a monopoly by granting that permit, and
that's extremely important. We're not making a market.
MR. OCHS: No. We intend to create an instrument that any
regulated utility that wants to use county rights-of-way be able to use.
COMMISSIONER HILLER: Exactly.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Plain and simple, I really don't
care to get into the franchise fee business, so I feel Option 1 is the way
to go.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I appreciate Commissioner
Coyle's comments, and I agree with you. But, Commissioner Coyle,
there's so much transportation infrastructure, particularly in the eastern
part of Collier County revolving around Immokalee and the area under
discussion right now.
I think that the activities that are being conducted by FDOT and
the transportation infrastructure and the planning that's going to be
made right now is, in and of itself, going to delay what's going to be
installed because I think people are going to be really interested to
know where the new four-lane divided highways are going to be and
how they're going to link up to the industrial areas and different newly
zoned or contemplated areas.
So I don't want to do anything that's going to delay anybody, but
I think the free-market economy will drive it forward.
COMMISSIONER HILLER: Yep.
CHAIRMAN HENNING: Okay. There's a motion and a second
on the floor.
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April 8, 2014
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Now we're going to go back to the proclamation.
MR. OCHS: Yes, sir. Thank you, Mr. Chairman.
Item #4B
PROCLAMATION DESIGNATING APRIL 9 THROUGH APRIL
11, 2014 AS COLLIER RETIS SYMPOSIUM DAYS
WELCOMING THE DISTINGUISHED DELEGATION OF
FRENCH COMPANIES AND BUSINESS EXECUTIVES TO
COLLIER COUNTY AND ACKNOWLEDGING THE VALUE OF
INBOUND BUSINESS DEVELOP MISSIONS AS AN
EFFECTIVE WAY TO RECRUIT INTERNATIONAL
COMPANIES TO OUR REGION. ACCEPTED BY CRISTELE
COUGET, EXECUTIVE DIRECTOR, RETIS; BRUCE
REGISTER, DIRECTOR, COLLIER COUNTY BUSINESS AND
ECONOMIC DEVELOPMENT AND JOHN COX, PRESIDENT
AND CEO, GREATER NAPLES CHAMBER OF COMMERCE —
ADOPTED
MR. OCHS: This is Proclamation Item 4B on your agenda this
morning. This is a proclamation designating April 9th through April
11, 2014, as Collier RETISE Symposium Days welcoming the
distinguished delegation of French companies and business executives
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April 8, 2014
to Collier County and acknowledging the value of inbound business
development missions as an effective way to recruit international
companies to our region.
The proclamation will be accepted by Cristele Couget, Executive
Director of RETISE; Bruce Register, Director of Collier County
Business and Economic Development; and John Cox, the President
and CEO of the Greater Naples Chamber of Commerce. This item is
sponsored by the entire Board of County Commissioners.
If you'd please step forward. It's our honor to welcome you
today.
(Applause.)
MR. OCHS: John?
MR. REGISTER: Commissioners, Bruce Register, your
Economic Development Director for Office of Business and
Economic Development.
This is culminating discussions that have lasted over a year
between our friends from France, the RETISE organization, including
our Naples Greater Chamber, and the county and other leading
community groups, in our -- from Collier County. And these
discussions have began (sic) back in February of 2013, culminating in
December that this board has approved an agreement with this
RETISE organization to establish this inbound business development
mission.
It almost -- it also fulfills two aspects of your adopted economic
development business plan. It's encouraging, the creation of
incubator/accelerator opportunities as well as focusing and fostering
on international economic development, both from foreign direct
investment as well as developing commerce for our existing Collier
companies.
This initiative demonstrates our resolve to engage in commerce
with our French and other international neighbors and also validates
the strategic value of establishing formal soft landing -- a formal
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April 8, 2014
soft-landing accelerator in Collier County.
As we continue through the legislative session, it is our hope that
this RETISE event will be an important step toward demonstrating the
opportunity for such a portal in our state with Collier as the guide.
I believe this event communicates to our neighbors and state
leaders Collier is moving forward in a global economy with a
determined purpose to exceed in international economic development.
CHAIRMAN HENNING: Thank you, Bruce.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. First of all, welcome. We're
so happy to see you here, and we're glad that you obviously had safe
travels getting all the way from France to Collier County.
Bruce has put together a really outstanding agenda for you, and
you will have the opportunity to meet with not only members of the
business community here in Collier County but representatives of both
business and government throughout the region as well as with a
representative from Enterprise Florida that very much supports this
initiative as well.
So we really hope that you will learn a great deal over the next
three days and ultimately make the decision to invest in Collier
County, Southwest Florida, and the state of Florida as a whole and, in
doing so, become extremely successful and contribute to the economy
in a positive way.
So welcome. We're very excited to have you. And I would have
said all of that in French, but everyone would have been very upset
because no one would have understood, including my fellow board
members, and most importantly, our court reporter would have been
slapping me on the hand saying, all right -- you know, she would have
to use Google translate.
So thank you.
MR. OCHS: Cristele.
MS. COUGET: Okay. So good morning, everybody. And the
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April 8, 2014
first thing I would like to say is a big thank you. Thank you very,
very much for supporting us from the start and for supporting our
initiative with all your team and also, at my disposal, you've been --
you've been bringing to our initiative this week.
And I would like especially to thank Commissioner Hiller, who
was with us from the first day. I remember you were talking about the
last year at the same period. It was the first time we met, and we just
had an idea of what we could do together. Six months later, it was
September, we had an action plan, and today we are here with all my
partners here. It's part of the group, only part of the group. The other
ones are coming tomorrow.
I'm here with two incubators from the Provence region which are
involved in the program. I'm with the past president of Freitas
(phonetic), Andre Labette (phonetic), who's also involved in the
Provence region, and with two of the companies who will take part of
the program this week.
Well -- so it's all about thanking you, about all of this. I hope
that -- and I'm sure that this week will be the first forward step
regarding all we want to do together, I mean, helping our companies
to set up shop here in your region, in your community and, well, to --
you know, to keep on developing this two-way street corroboration
with our region as well.
And let me -- just a last word to think about the future. I know
that you are about to launch your new initiative, the accelerator
soft-landing program, and just to say that it's a recent initiative in
France from the French government as well, that -- just involved to
support a new initiative called the French Tech Initiative which aims
to support all the original French ecosystem dedicated to soft landing
and accelerators, dedicated to innovation with the idea of supporting
the regions that will be connected with all the ecosystems like yours,
and I hope we'll be able to keep on doing corroboration with your next
coming accelerator. So that's all.
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April 8, 2014
And thank you very much again, and thanks to the executive
team as well, Mr. Ochs, Mr. Bruce Register, and all the partners I see
here, the manager of the chamber.
So thank you so much.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
CHAIRMAN HENNING: I'd entertain a motion to adopt
Proclamation 4B.
COMMISSIONER HILLER: Motion to adopt Proclamation 4B.
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala -- or
I'm sorry -- Commissioner Hiller, second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Now we have an 11 o'clock time-certain.
COMMISSIONER HILLER: I think the French are going to be
leaving.
CHAIRMAN HENNING: Well, I hope you enjoy our natural
assets that we have here, such as our beaches and our Everglades.
MR. OCHS: Commissioners, thank you for your continuing
support of our economic development initiatives.
Item #11C
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April 8, 2014
REVIEW THE VANDERBILT DRIVE BICYCLE AND
PEDESTRIAN SAFETY IMPROVEMENT STUDY AND
PROVIDE DIRECTION TO STAFF IN REGARDS TO
CONSTRUCTION OF PATHWAY, SHOULDERS,
CROSSWALKS AND OTHER SAFETY ENHANCEMENTS
REQUESTED ALONG THE VANDERBILT DRIVE CORRIDOR -
MOTION TO APPROVE STAFF'S RECOMMENDATIONS AND
NAMING THE BRIDGE THE FRANK HALAS BRIDGE AND
THE PATHWAY THE MEMORIAL PATHWAY — APPROVED
MR. OCHS: And we now do move to Item 11C, Mr. Chairman.
It's a time-certain item at 11C. This is a recommendation to review the
Vanderbilt Drive Bicycle and Pedestrian Safety Improvement Study
and provide direction to staff in regards to construction of pathway
shoulders, crosswalks, and other safety enhancements requested along
Vanderbilt Drive corridor.
Mr. Casalanguida will kick this off and then it turn over to Stacy
Revay.
MR. CASALANGUIDA: Thank you, County Manager Ochs.
Good morning, Commissioners. Since I'm the one who has the
history, I'll pass it over to Stacy, who's joined us about a little over a
year ago.
This project started approximately five years ago with a
settlement. And to Commissioner Hiller's credit and the folks in the
community, they've asked us to work together over the past couple
years to try and resolve as many concerns as we have in that corridor.
And, obviously, you've got the bike/ped group that is in the area,
you've got the neighbors that are there, and there's been proposals that
have gone back and forth.
I think we're at the point now where we've come to, I would say,
80 percent. You never get to 100 percent when you're dealing with a
project that's got so much interest. But to recognize folks like Mr.
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April 8, 2014
Baytos, Ms. Livingston, Mr. Daltry (phonetic), the folks that have
spent their time, daily, spent their time helping us to make sure we
come to some consensus.
With that, we've brought Stacy on board, and she's worked on
this for about a year, and she'll take you through a quick presentation,
and then we'll be both here to answer any questions that you have.
Stacy?
MS. REVAY: Good morning, Commissioners. I'm really
excited to bring this presentation to you.
COMMISSIONER HILLER: Could you speak into the mike,
Stacy, so we can hear you.
MS. REVAY: We're excited to bring the Vanderbilt Drive
project to you today.
Vanderbilt Drive is located one mile west of Immokalee Road
and U.S. 41. That project is in consideration today, and it's located on
the west side of Vanderbilt Drive, the pathway that we're talking
about. It's approximately four miles in length.
Would you like me to go over the brief history?
COMMISSIONER HILLER: No. I think you should get to the
proposal so -- because that's what we're going to be voting on.
MS. REVAY: All right. I do have a few existing conditions -- I
have two existing conditions maps to go over today.
As you can see, if we're looking at this map moving left to right,
so it's south to north, this is the first section -- this is really south of
Wiggins Pass. And you'll see that there are different links and there
are different materials used for the pathway that's currently existing.
It's 4- to 6-foot asphalt pathway which leads into a 10-foot-wide
pedestrian bridge. I know this is quite confusing, so I'll try to say this
slowly.
And then it goes into a 4- to 6-foot asphalt pathway again into a
10-foot-wide pedestrian bridge into some other sections that are
10-foot-wide concrete sidewalks existing and then 4- to 6-foot asphalt
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April 8, 2014
pathway. So a lot of the pathway right now is currently substandard,
as we can see.
North of Wiggins Pass, again, we have 4- to 6-foot asphalt
pathway that leads into a small section of a 10-foot concrete sidewalk
and then goes into the 4- to 6-foot asphalt pathway, ending at a 6-foot
concrete sidewalk at Bonita Beach Road.
I want to go back for a second.
CHAIRMAN HENNING: Is that all Collier County?
MS. REVAY: Yes.
If the board approves all the recommendations that are before
you, these future conditions will exist. Again, going south to north, so
on your screen left to right, a 10-foot asphalt trail that would lead into
the existing 10-foot-wide pedestrian bridge. Notice there are two
sections here that are the responsibility of the Cocohatchee Bay PUD,
and then goes into the 10-foot-wide pedestrian bridge concrete
sidewalk, and so on, making it mostly consistent throughout that
section of the corridor.
Next, moving north, a proposed 8-foot asphalt trail that leads into
the existing 10-foot concrete sidewalk, and the rest of the way an
8-foot asphalt trail, except for the small piece that's existing already
leading into Bonita Beach Road.
Now, would you like me to go over the recommendations?
COMMISSIONER HILLER: Sure.
MS. REVAY: Okay.
Okay. Our first recommendation is to construct an 8-foot asphalt
pathway on the west side of Vanderbilt Drive from north of the
existing overpass, northward to the existing sidewalks in the Bonita
Shores area, and construct a 10-foot asphalt pathway on the west side
of Vanderbilt Drive from 111th Avenue North to south of the existing
overpass. The estimated cost is roughly a million dollars.
The second recommendation is to construct 5-foot shoulders on
both sides of Vanderbilt Drive from 111th Avenue North to the
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April 8, 2014
Cocohatchee River Bridge. Currently north of the bridge are
shoulders that are already existing.
The estimated cost range for this recommendation is between 80-
and $120,000. Staff recommends using the settlement monies for this
construction.
Recommendation No. 3 is to add enhanced warning signs,
pavement markings, or other acceptable treatments to create visibility
and promote safety for cyclists, pedestrians, and motorists at the
pathways, crossings, and various driveways on the west side.
Estimated cost range, between 10- and $20,000.
Recommendation No. 4, construct crosswalk safety
improvements along Vanderbilt Drive and the pedestrian access across
Vanderbilt Drive up to three to four mid-block crossings there. And
the estimated range is between 179- to $290,000.
And, finally, the last recommendation, construct low-level
lighting along Vanderbilt Drive pathway. And if the board supports
this, staff recommends the residents of Vanderbilt Drive create a
municipal service taxing unit, or an MSTU, to -- for the operations and
maintenance of this recommendation.
COMMISSIONER HILLER: Go ahead.
CHAIRMAN HENNING: What kind of expenses are you going
to have operational?
COMMISSIONER HILLER: For the MSTU.
CHAIRMAN HENNING: Yeah. I mean, why create a tax that
-- I'm trying to understand. Are we going to have people out there
operating the pathway?
MR. CASALANGUIDA: No, sir, just for the lighting,
Commissioner Henning, because we typically don't light any of the
pathways. Although some of the residents have said, if there's money
left over, could we have some low-level lighting to enhance safety
there.
CHAIRMAN HENNING: So we're going to have somebody
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April 8, 2014
operating the lights?
MR. CASALANGUIDA: Well, operating and maintaining.
That's above and beyond your standard anyplace else in the county.
So if lights were installed, we'd expect that to be picked up by the
local folks to take care of
COMMISSIONER HILLER: But wouldn't that be a di minimis
cost?
MR. CASALANGUIDA: Well, ma'am, it's a cost. And we don't
COMMISSIONER HILLER: And how much is it? What are we
projecting is the cost?
MR. CASALANGUIDA: Well, since it's your last
recommendation, it's subject to funding. We'd have to come back to
the board with that, give you the full breakdown of what it would cost
and what the maintenance costs would be.
COMMISSIONER HILLER: But we have enough funds to put
in the lighting itself. The MSTU wouldn't be paying for the actual
lights. The MSTU would be paying only for the maintenance.
MR. CASALANGUIDA: The funds would start with
Recommendation 1 and be expended till they got to the
Recommendation No. 5. So I couldn't say for sure, because these are
only estimates. These are in order of importance. So as we got to the
last Recommendation 5, if there were funds available, we'd work with
the community to develop that lighting plan and bring something back
to the board for final approval.
COMMISSIONER HILLER: And if there were no funds
available, then you would go back to the community and give them
the option of creating an MSTU to put in the lights and operate them?
MR. CASALANGUIDA: Sure. None of our pathways now are
currently lighted.
COMMISSIONER HILLER: I understand.
MR. CASALANGUIDA: So that's why.
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April 8, 2014
COMMISSIONER HILLER: So if there is enough money, then
we will go ahead and use those settlement funds to do that.
MR. CASALANGUIDA: I would bring that No. 5 back to the
board, and that's what staff has discussed. If we did have the funds to
do it, we'd give it back to the board for discussion.
CHAIRMAN HENNING: Anything else, Commissioner Hiller?
COMMISSIONER HILLER: I think we should listen to the
public speakers.
CHAIRMAN HENNING: I agree. How many do we have?
MR. MILLER: We have seven registered public speakers.
CHAIRMAN HENNING: Great.
MR. MILLER: Your first speaker is Larry Baytos. He has been
ceded three additional minutes from Patricia Massey. Mr. Baytos will
be followed by Patsy Abbett, excuse me.
CHAIRMAN HENNING: Good morning, Mr. Baytos.
MR. BAYTOS: Good morning.
COMMISSIONER HILLER: Good morning, Mr. Baytos.
MR. BAYTOS: Good morning, thank you.
It's been five years since I addressed the commissioners as
chairman of the Productivity Committee. And if I recall, Leo had dark
hair back then. So you've been rough on him.
COMMISSIONER HILLER: I just want you to know, Larry, so
did I.
MR. BAYTOS: I'm not going to go there, Commissioner.
COMMISSIONER HILLER: Thank you.
MR. BAYTOS: The proposal that we're talking about has been
in process for years, and it's a productivity issue, if you will. And
we'd like to really try to -- well, let's see -- really try to move this
along.
This process has been going on. We've had meetings with the
various condo and homeowner associations in addition to the public
meetings, and we've gone through three cycles of this. And I think
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April 8, 2014
we're really at a point where we need to go ahead. It will never be
perfect, but we should go ahead.
I'm having a hard time.
The community consensus was represented in a -- in guest
commentary I did in the Naples Daily News, and today I'll try to relate
some of those comments. I'm sure you won't remember it.
But, basically, this is, like, two different projects. The first
section that I see is south of Wiggins Pass area and north of 111th
Street. As you see, there's only one community on the west side of the
Vanderbilt Drive.
This is what it looks like at the moment. You notice there are no
bike lanes on either side of Vanderbilt Drive. It's a very dangerous
area. I've been on Vanderbilt Drive 10,000 times in the last 20 years, I
estimate, and I avoid this section. I just think it's quite dangerous. No
matter what else, that should be fixed. That could be fixed with
adding two bicycle lanes, shoulders both sides of that area, and that
certainly is overdue. And even if you didn't have the settlement
money, I would urge that that should be a priority. That's quite a
dangerous area.
I have a machine here that -- on the west side, there is a 4- to
6-foot pathway. We'd recommend that -- expanding that only to 8
feet. Staff has recommended 10 feet. There's some reasons for that, I
guess. We'd like to see some money saved for the northern part of this
project, such as the lighting.
Now, the northern portion, it's a very different kind of
configuration. As you can see, there are 18 streets or community
entrances along the west side. We support the staff proposals for the
traffic-calming features, such as the crosswalks and warning lights.
And I'm going to talk a little bit more about intersection safety
and increasing the size of the sidewalk to an 8-foot pathway.
There are two items not mentioned in the report. We'd ask for a
consistent 40-mile-an-hour speed limit. We hope that that will be
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looked at once the infrastructure's in place.
Low-level lighting, we'd like to have it. We thought there might
be money available. I don't think we really got into the issue of
MSTU funding.
This is the way the intersection -- some of these intersections
look. In this area there are already two current bike lanes and a 5-foot
sidewalk on the western side of Vanderbilt Drive.
This is what we have at these intersections. Cars stop short of the
pathway. In order to see north and south on the Drive, they have to
pull out into the pathway so you get into confrontations sometimes.
Saturday at 3 o'clock I saw somebody making a left turn. A
cyclist was in his blind spot, and the cyclist had to swerve. It was
almost an accident. And you're going to hear one of the other
speakers talk about accident statistics.
The first staff plan would widen that from 5 to 12 feet. We view
that as too much. It widens the danger zone, what we consider the
danger zone. Also, it will give equal spice -- space for cyclists that the
vehicles have. That doesn't seem to be a good proportion.
So we've talked about this with the cyclists at some of the
meetings. It never quite reached this stage. This might be an
exaggeration, but we have had some strong differences.
We also point out that the 12-foot width could crowd some of the
exits. There are two or three communities. You see the point of the
red arrow there. The cars get backed up into the community, so this is
a problem.
Another issue that we've seen in several communities with the
12-foot width could impact some of the berm privacy vegetation, and
once you start eliminating privacy vegetation, you start affecting the
property values.
So we'd recommend no more meetings, no more studies. Let's
just do it; let the staff get on their way. And it's not part of the study,
but we ask you, if it ever comes up, please never widen Vanderbilt
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Drive to four lanes.
Thank you, Commissioners.
COMMISSIONER HILLER: Don't show pictures with all these
cars. Someone will think it ought to be widened.
I do want to thank you, Larry, and your whole red button team
for working, you know, with the entire community. It's really been a
collaborative effort. And it's really nice to see, after so many years, a
consensus achieved for the benefit of all. And I don't mean just the
residents. I mean the bikers as well as the residents; that everybody is
working in harmony. It's really -- it's a pleasure to see what you've
done as a collaborative team approach.
I just want to make sure I understand your comments, Larry.
You are supporting the staff recommendation as presented -- Larry,
where are you?
MR. BAYTOS: That's correct, Commissioner.
COMMISSIONER HILLER: Okay.
MR. BAYTOS: It's not everything we want, but it's close enough
for us to say let's do it.
COMMISSIONER HILLER: It's close enough for government
work? Does everybody share Larry's position? Everybody feels
happy with -- all red buttons are in agreement?
(Applause.)
COMMISSIONER HILLER: All right. Thank you so much.
Thanks again for doing an outstanding presentation on behalf of the
community. I really appreciate you for doing that.
CHAIRMAN HENNING: Next speaker.
MR. MILLER: Your next speaker is Patsy Abbett. She'll be
followed by James Owens.
MS. ABBETT: I ceded my time.
MR. MILLER: James Owens.
MR. OWENS: Larry said everything for me. I'm fine.
MR. MILLER: Dan Edenfield.
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April 8, 2014
MR. EDENFIELD: I withdraw my request as well.
MR. MILLER: James Livingston -- or Jean Livingston.
MS. LIVINGSTON: My fellow worker back there just said, "Go
get them, Jean." Can I try, Commissioners?
Good morning. It's nice to be here with you this morning. I have
lived on the west side of Vanderbilt Drive for about 14 years. When I
first moved there, it was a quiet community, a quiet street. In the last
year there are none of us who can say that these coastal community
driveways are quiet. They are very busy, and it is a problem not only
in our neighborhood but in many other places.
What I want to first start to talk to you about today is the fact that
my life went upside-down back in 2010/2009 when this procedure
first began. And on 9/28 of 2010, the Collier County Commission had
an agenda Item 12D, and it was the commission's desire at that time to
honor Frank Halas, who was our outgoing commissioner. And the first
item that the county commissioners voted was to name the proposed
greenway the Halas Greenway.
Because this pathway, as we now call it, is no longer officially a
greenway, the residents have another suggestion for you, which you
(sic) hope you will understand is meant to honor this man who worked
so hard for our neighborhood at putting in the new bridge across the
Cocohatchee River.
And it's somewhat confusing when you look back at that
commission hearing, because Doug Fee made a recommendation at
the time you were naming the greenway that you also name the bridge
the Frank Halas Bridge.
So your legal eagles are going to have to figure out -- I think you
did at that time vote to name both the pathway and the bridge. If that
is true, what we ask is that we, indeed, honor this gentleman by
naming this the Frank Halas Bridge.
And it has been recommended, and I think wisely so with events
that have happened in the last year or two, that we call or new
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pathway the Memorial Pathway to honor the cyclists who have been
in deadly accidents all over Collier County out of respect to them.
COMMISSIONER HILLER: That is just so touching. You're
amazing. That is so beautiful. I mean, I just think of all the accidents
we've just had, and that is so kind. And this is a perfect pathway for
that name because, Larry, your article about the collaboration with the
biking community and, you know, bridging that gap and promoting
bike safety as part of this initiative -- I mean, Jean, you are amazing.
You are absolutely -- the whole community, for being so thoughtful
and really promoting an issue which is so significant to us that we as a
board have been very, very, very strongly advocating since we have
recognized all the issues and, you know, all the accidents that have
taken place in Collier County.
MS. LIVINGSTON: Well -- and the way we feel about it,
Commissioners, is the fact that this money was to be spent for safety
enhancements.
COMMISSIONER HILLER: Right.
MS. LIVINGSTON: It's safety for all. It's safety for the
automobile driver. It's safety for the bicyclist, the motorcyclist, the
pedestrian, the dog walker. We're not selfishly saying just for us.
COMMISSIONER HILLER: Right.
MS. LIVINGSTON: We're trying to be inclusive. And by calling
this a memorial pathway, we are extending that inclusiveness.
COMMISSIONER HILLER: I think it's outstanding.
(Applause.)
COMMISSIONER HILLER: And I really respect the fact that
you're thinking of Commissioner Halas and naming that very
significant bridge after him. And it is a beautiful bridge over a
beautiful body of water.
MS. LIVINGSTON: Yes. And when we remember
Commissioner Halas, that was one of the things that he devoted a lot
of time and effort to was that particular bridge.
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COMMISSIONER HILLER: And what should also be included
with that is the appropriate signage on that bridge for both directions
of traffic.
MS. LIVINGSTON: Right.
CHAIRMAN HENNING: Do you want to make a motion,
Commissioner Hiller?
COMMISSIONER HILLER: I would like to, unless we have --
yeah, I'd like to -- at this point I'm going to make a motion that we
approve staffs recommendation, as supported by the community, and
to direct staff to bring back a resolution naming the bridge the -- you
know, the Frank Halas Bridge. Would that be appropriate?
MS. LIVINGSTON: The Halas Bridge. Whatever you prefer.
COMMISSIONER HILLER: Or the Halas Bridge. I think --
yeah, I think the Halas Bridge, and to name the actual pathway the
Memorial Pathway.
CHAIRMAN HENNING: Okay. There's a motion on the floor.
Is there a second to the motion?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Seconded by Commissioner Fiala.
Any more speakers?
MR. MILLER: One more, sir.
COMMISSIONER HILLER: Thank you very much.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: And thank you all for being so
thoughtful. That's tremendous. Thank you.
MS. LIVINGSTON: I'm not done, sir.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: Oh, sorry. I shouldn't have made a
motion.
CHAIRMAN HENNING: Can you summarize, please?
MS. LIVINGSTON: I sure can. My summary is strictly this:
Our community has been working on this for four or five years. It has
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led to lots of arguments, lots of discussions trying to bring in people,
including the Sheriffs Office, San Tech (phonetic), people who could
give us excellent information and guidelines on which to form our
request.
Getting to the petition, the copy of which you have, has been a
long struggle. Many meetings and listening to many things has
brought the community to understand that we have this sum of money;
it's time to get on with it.
We now have come to an agreement that those items in our
petition are what the community has been asking for. That went on,
then, to an executive summary. I was privileged to be asked to work
with staff on the executive summary, and then Nick got ahold of the
executive summary and summarized it for us and has done a very
good job and has said all that is necessary for any of us to say.
And I would like anyone in the room who supports the petition
and the executive summary to please raise their hands.
COMMISSIONER HILLER: That's beautiful. I love to see this
consensus. Way to go. Great neighborhood.
MS. LIVINGSTON: Thank you, Commissioners. I hope you
give us some help.
COMMISSIONER HILLER: Thank you. Thank you for all
you've done, Jean. You've been a very, very positive catalyst for this
entire project.
(Applause.)
MR. MILLER: Your final speaker is Robert Daly.
MR. DALY: Good morning, Commissioners, I'm Robert Daly. I
am a neuroscientist, and I want to speak about what the actual process
is when residents leave the numerous entrances and exits of these
gated communities. And to extend a little bit on what Mr. Baytos and
Mrs. Livingston were talking about -- to give you an idea of what
happens during season -- Vanderbilt Drive is a very busy road, and the
entrances are almost entirely set back from the pathway and the bike
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lane as they exist currently.
And when a driver comes out of the gated community and looks
in the direction that they're going to be driving, they may look in the
opposite direction once, but then they have to focus on what is coming
down the pike and then shoot out as quickly as possible in order to
avoid a collision.
Well, in that process, what they're doing is rolling forward so that
they can see the road better. And at that point we have had many
accidents; that is the worst location.
At that point, the cyclists may assume that they have been seen or
the pedestrians have been seen, and we have had many, many injuries
at that point, including injuries for motorists, because these people are
basically impaired.
We have macular degeneration, cataracts, diabetic retinopathy, a
visual field that's reduced, people are on medications so that --
notoriously, antidepressants, so their reaction times are vastly slowed.
They have spinal stenosis, muscular weakness, various dementias.
And so, you know -- well, look we've --
COMMISSIONER HILLER: I'm not laughing. They were, like
-- in the back of the room they're going, we're really not that bad,
really.
MR. DALY: As you well know --
COMMISSIONER HILLER: That's why they were smiling, and
I said, no, it's okay. You're not, really. I can tell. You're here.
CHAIRMAN HENNING: Please -- I'm sorry, sir. Please
continue.
COMMISSIONER HILLER: Go ahead.
MR. DALY: Yes. As you well know, there is no age limit on
driver's licensure in the state of Florida. There are now over four --
well, well over 4 million drivers over the age of 80, and 155 drivers
have been refused licenses based on their visual exam, which is a
25/50 criterion; 631,000 have been granted licenses. The oldest that
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we know about is over 105.
COMMISSIONER HILLER: Amazing.
MR. DALY: You know, so this is what we're dealing with on the
road, so -- thank you very much for listening.
COMMISSIONER HILLER: Thank you.
MR. DALY: And I hope that you will support our petition.
COMMISSIONER HILLER: You most certainly have my
support, and thank you for highlighting the concerns of so many in
your community.
CHAIRMAN HENNING: Okay. There's a motion and second
on the floor.
MR. DALY: Thank you very much.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
The next item is 11A. It is a good-news item.
MR. OCHS: Mr. Chairman, if you don't mind, if we could take
11B before we break for lunch. I know the clerk may want to
participate in this discussion.
COMMISSIONER HILLER: May I make a suggestion? I don't
know if the residents actually want to stay for the rest of the meeting.
If they would like to leave, we might want to pause to give them the
opportunity to --
CHAIRMAN HENNING: Just go out quietly.
COMMISSIONER HILLER: -- go have a nice lunch.
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Item #11B
THE CONSERVATION COLLIER TEN-YEAR FINANCIAL
PLAN AND ASSOCIATED FINANCIAL MANAGEMENT
RECOMMENDATIONS FOR THE CONSERVATION COLLIER
PROGRAM - MOTION TO ACCEPT STAFF'S
RECOMMENDATIONS AS PRESENTED — APPROVED
CHAIRMAN HENNING: The next item is recommendation to
accept Collier -- Conservation Collier's 10-year financial plan,
associated financial management recommendations for --
COMMISSIONER HILLER: Which item is that?
CHAIRMAN HENNING: -- the Conservation Collier Program.
MR. OCHS: Yes, sir.
Ladies and gentlemen, if you'd please leave quietly while we
continue the meeting. Thank you very much.
Mr. Carnell will begin the presentation, Mr. Chairman.
MR. CARNELL: Good morning, members of the board. Steve
Carnell, your Public Services Administrator.
On March 11, the board approved a 10-year financial plan for the
management of Conservation Collier, and in that discussion the Board
of County Commissioners asked staff to clarify the financial impact of
one of the elements, specifically the developmental costs,
management costs, and selling of panther habitat mitigation credits at
the Caracara Preserve and the Pepper Ranch area specifically.
This morning we're just here -- we've attached and provided you
some financial detail and backup. But just in short, our data showed
that the anticipated interest earnings from the PHU credits in the fund
-- or, I'm sorry, the money set aside for the PHU, our total interest
earnings are almost $600,000, or $589,800 is the estimate. And our
operating costs during that 10-year period, same 10-year period for the
-- associated with the PHUs, is a little over $400,000.
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That, coupled with the anticipated revenue from the sale of the
credits themselves, indicates to us that the PHU's are a beneficial
element to the fund balance in the Conservation Collier Program. So I
want to point that out to you.
I also wanted to -- Leo, if you could help me with that -- put this
up briefly on the visualizer. You saw this last month. I'm just going to
show it to you again very briefly and highlight a couple things.
This is, again, a very high-level view of the fund as we projected
through five years and 10 years. And if you look in the five-year
column, you will see expenditures of$2.9 million for capital
improvements and the operating expenditures of a little over $1 .2
million, all totaled, a little over $4 million -- a little over $4.1 million
that we're going to expend the next five years as we finish the buildout
of the Gordon River Greenway. And we also, of course, have money
budgeted for the bridge, which I'll talk about in a moment.
Bottom line, though, is that you'll see the fund will decrease
based on those two groups of expenditures by a little over $4 million
over the next five years, so our beginning balance of$37,200,000 will
drop to just under $33 million in our projection here.
And then in the second five years, the important thing to note
there is that there are no capital expenditures planned at this time, and
the operating expenses will actually -- netting against revenue in the
second five years will more or less wash out to where you see a fund
balance at 10 years of just over $33 million, about $100,000 higher
than at the end of the five years.
Now, again, all of this -- all of these are estimates. There's all
kinds of data in here, and they're subject to assumptions, and
assumptions don't always play out to reality. The numbers can play
and end up being different than this in some way, and I would expect
them to be.
But the good news is that we believe we can hold the fund in a
solvent condition, at least through the 10 years that we've envisioned,
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and with that, I'd like to -- if we could, Leo, just put this up as well.
This is just to summarize our recommendations to you at this point.
We have mentioned -- I mentioned a moment ago that we have in
the plan for Fiscal Year '18 to build a bridge on the south end of the
greenway across the Gordon River, and we're now -- as we discussed
in March, we're recommending that that money be spent -- instead be
held for the prospective purchase of property to the south of the
greenway from the Collier Development Corporation.
We are at the moment seeking an appraisal for that property and
anticipate bringing a recommendation back to the board in June
regarding the purchase of that property.
We also need to bring back changes to the Conservation Collier
ordinance. We'll be doing that in the coming months. And then, as I
said a moment ago, just to talk about the expenses going forward, the
way staff is viewing this fund is that for the next five years we have
that $4 million or so that we need to spend to get all of our
management plans really into their intended state and all the sites to
where they're supposed to be, if you will, and then, of course, get the
greenway project completed and the bridge project and -- or in this
case maybe the purchase of the land, which is really what we're
recommending you pursue.
Expenses -- this is going to become an expense-management
issue going forward. And what our intent is is, of course, to monitor
our expenses monthly at the staff level. There will be an annual
budget presented to the board in which the board will be updated on
the status of the fund, and every three years it would be our idea -- our
plan to update this comprehensive revenue expense review, which
really means going in and looking at all of our interest assumptions
and our expense assumptions in a more broad-based way.
So there will be a number of controls here in place. In addition to
that, specific controls that we're going to suggest the board consider is
adopting a minimum fund balance of$32 million in the fund. Again,
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the fund is going to spend down from 37- into around the $33 million
range, and then it should flatten out in that area.
So we're thinking if we adopt a budget, a minimum fund balance
of$32 million, then there's a floor, if you will, and a protection in
terms of going forward with the fund.
In addition to that, we need direction from the board as to
whether the board wishes to make any further changes to the county's
investment policy in the coming weeks, and so we'll entertain any
comments from the commissioners regarding these recommendations.
CHAIRMAN HENNING: Commissioner Hiller and
Commissioner Fiala.
COMMISSIONER HILLER: Yes. You made a very nice
presentation, Steve, and I think your recommendations are on point. I
think the idea of having a minimum balance of 32 million makes
absolute sense. That way we ensure that, you know, we'll have a gift
that keeps on giving, if you will. You're basically setting yourself up
to, in effect, you know, have a strong foundation for a future
endowment as well as a continuous stream of earnings off that base
figure, and hopefully it will actually grow.
It's nice to see that you will have that minimum balance after 10
years and, you know, millions of dollars in capital improvements on
top of that. So it's actually a very well thought-out plan, and it makes
a lot of sense.
With respect to the question of the county's investment policy,
that's actually separate and apart from what we're dealing with here.
And I don't think that we need to make any changes in our investment
policy. I think that if staff, working with the finance committee, sees
a need to structure our investment policy differently to, you know,
optimize our yields and continue to minimize our risk, staff will take
that initiative to bring that recommendation to us, which is what I
would hope they would do. You meet with our investment advisors
on a regular basis.
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So, obviously, if there needs to be a change in how we're making
investments in light of future inflation or other changes in the
economy that we need to be responsive to, we expect, Leo, that you're
going to come to us with a recommendation.
So unless, you know, the finance committee is to come back to us
and tell us what we're not doing right now is optimal, then I don't think
there's any need to address something that really isn't part of the
discussion that you brought forward today through your exhibits.
So you -- my motion would be to accept the recommendations as
presented, if you even need a motion on that.
CHAIRMAN HENNING: Commissioner Fiala, Commissioner
Coyle.
COMMISSIONER FIALA: Yes, thank you.
I had a question about -- excuse me, I've got a tickle in my throat.
Excuse me.
CHAIRMAN HENNING: Are you doing that?
COMMISSIONER COYLE: No. I'm not tickling her.
COMMISSIONER FIALA: We were talking -- in here you
talked about assigning staff to conduct exotic herbicide treatments or
applications. Do you have to have a license to do that?
CHAIRMAN HENNING: Yeah.
MS. SULECKI: Good morning, Commissioner. Thank you for
the question. Alex Sulecki, for the record.
We don't need to have someone certified right now because we
do have certified people on staff. We can work under them. But all of
us are going to be certified just for extra strength in that.
COMMISSIONER FIALA: To apply herbicide, you mean?
MS. SULECKI: Yes.
COMMISSIONER FIALA: Okay. But there's only two of you
going to be left to manage all of the land, right?
MS. SULECKI: Yes.
COMMISSIONER FIALA: And one of those people has to go
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out and do this manually?
MS. SULECKI: Yes.
COMMISSIONER FIALA: Now, I wonder if we are short of
people and cannot maintain the properties as they must be maintained,
then what are we going to do? I mean, we're cutting back staff to a
point where -- I don't know how many hundreds of acres they have to
manage just all by themselves.
MR. OCHS: Yes, ma'am. I think we -- as we do in most cases,
we would look to augment staff effort with contract services that we
can have on retainer, if you will, and bring those in and out as
required.
COMMISSIONER FIALA: Okay. Okay. I just -- I just wanted
to make sure that we have proper licensure and that we have proper
maintenance of these very sensitive areas --
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: -- in our community.
MR. OCHS: We agree.
COMMISSIONER FIALA: Thank you. I mean, sometimes we
make such an effort to save every single dollar, that we shoot
ourselves in the foot on the way to that bank. So thank you.
MR. OCHS: You're welcome.
CHAIRMAN HENNING: Commissioner Coyle.
COMMISSIONER COYLE: Yeah. What interest rate return
have you assumed in your cost analysis?
MR. CARNELL: I'm going to ask Mr. Isackson to help us with
this. But, specifically, the rates escalate -- and I have them actually
broken out here. They begin, it's -- Commissioner Coyle, it's between
half a percent and, I believe, 2 percent over the 10-year period.
It's in the backup. We're going to pull it out right now and put it
up on the visualizer for you.
Okay, yes. It ranges, sir, between half a percent and 2 percent
escalating over a 10-year period.
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MR. OCHS: Commissioners, it's hard to see, but it's --
COMMISSIONER COYLE: I can read it.
MR. OCHS: It's hard for me to see, let's put it that way.
COMMISSIONER COYLE: You've gone out to FY'23.
MR. CARNELL: Yes.
COMMISSIONER COYLE: All right. If you quit moving it
around, I could read it a lot better.
Okay. The last time we had this discussion, I asked the clerk
what is the general term of some of the instruments that he has
invested in, and it looks as if it is very, very short, and I don't have any
quarrel with that. I'm not sure it all has to be that short, but two to
three years is a relatively short period of time.
One of the objectives of our investment policy is to balance the
investments against the cash needs of the county, and in this particular
case, we know and have great control over the cash needs for Collier
-- Conservation Collier.
So the staff and the board are very much in control of when that
money will be spent and how much of it will be spent, so establishing
a floor of$32 million seems quite logical, but it also opens up the
opportunity to -- it maybe extends some of the investment periods for
that money. Since we know it's not going to be all spent in the next
three years, we will not need it all in the next three years, we should,
perhaps, look at, perhaps, a five-year investment which gives, roughly,
three-and-a-half times as much return as current one- or two-year
instruments.
So it would be good, I think, if the board were to take a look at
opportunities for investing in very safe investments like treasuries on a
two-, three-, five-year schedule laddered out to that period, and for the
Conservation Collier investment, and I think you could get
substantially higher interest rate returns for Conservation Collier by
doing that.
Now, I personally believe that interest rates are going to increase
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over the next few years, and when we tie up investments for a longer
period of time, what you do under those circumstances is you sacrifice
the opportunity to take advantage of some of those increases in
interest rates.
But any reasonable estimate of the increase in interest rates over
the next five years, I think, clearly shows that the prudent thing to do
is to invest in U.S. treasuries of two, three and five years duration, and
you will, over a period of those five years, I think -- and it needs to be
verified by all the people associated with this process -- that you will
get $800,000 more money in interest than you would by keeping it in
the current pool invested in its current maturities.
But I -- if the pool of all the money is invested and if the
investment maturities are going to extend a little bit further, it would
obviate the need to do this, but I'm not sure that there is agreement that
that would be done.
The advantage of investing in the treasuries is that if you hold
them to maturity, you're not going to suffer any capital or any loss of
principal. And so there's little risk there.
The only disadvantage that I can think of is that -- is purely an
accounting mechanism each year, which tends to write those
investments down to their current market value, which is totally
unrealistic for our case since we know we're not going to -- we're
going to hold them until maturity anyway. So that is an irrelevant
issue in my opinion.
But, anyway, I think the board needs to take a good look at that
process and get recommendations from all the relevant people and
make an informed decision about whether or not we can, in fact,
increase our interest rate return without increasing our risk. And if we
can, in fact, do that, I think we should take the action to do so.
CHAIRMAN HENNING: Are you suggesting that the board get
involved with the investment of these funds?
COMMISSIONER COYLE: The board writes the investment
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policy, and the board decides how -- what are the limits with respect
to the investment policy.
CHAIRMAN HENNING: Are you willing to take classes to be
certified to become advisors of these investments?
COMMISSIONER COYLE: I just said you get
recommendations from all the people involved in the process.
CHAIRMAN HENNING: Okay. But you're making specific
recommendations what the board should invest in.
COMMISSIONER COYLE: No, I'm not. I gave you an
example --
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: -- of what the board could do or
could not do -- or the clerk could do or could not do.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: The important thing here is
investment policy is important. Investment policy isn't the same
during a period of an expanding economy and high interest rates as it
is when you're in a recession.
CHAIRMAN HENNING: Correct.
COMMISSIONER COYLE: It changes. The board should be
informed about that. You should know what that is. I'm not saying
you're not being given information. What I'm saying is that the board
has not really reviewed the investment policy in the past 12 years, and
I think it is the responsibility of the board to do that on a more
frequent basis, particularly in view of the fact that the board approves
the budget.
And one of the very clear objectives of our investment policy is
to assure that we are -- that the money is being invested in a way that
meets our cash needs, and our cash needs change every year, and we
need to make sure that we understand what's going on.
So I'm suggesting that you ask the clerk what his opinion is, that
you ask the investment advisors what they would suggest with respect
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to the term of some of these investments and whether or not they
believe that you could get a bigger interest return on Conservation
Collier if you made some adjustments in the maturity dates of some of
the investments that are being made.
I think the board should receive that information and should be
involved in making some sort of a decision about what you do with it.
MR. BROCK: Do you want me?
CHAIRMAN HENNING: Yes, please, Dwight.
MR. BROCK: Yes, sir.
CHAIRMAN HENNING: You don't have any problem advising
the board on any of the investments, do you?
MR. BROCK: No. I mean, no. Your Honor -- I mean, Your
Honor.
COMMISSIONER HILLER: I can't believe you said that.
MR. BROCK: I'm changing hats again.
COMMISSIONER HILLER: It's okay.
MR. BROCK: Mr. Chairman, the investment policy is an overall
guide, okay. The principal supplied in making the investments is a
totally different concept.
Now, our current investment policy, the average life to maturity
is a little less than two years; it's right at two years.
Commissioner Coyle is absolutely correct, one of the criteria in
the investment policy is to try to match investments with needed
expenditures. One of the problems that we have always had here in
Collier County, which is a little different than was suggested by
Commissioner Coyle, is we don't have the information of when you're
going to spend what to the detail that we would need to have to be
able to do that.
You tell me today you have $32 million that you are not going to
expend, period, I could invest those within the confines of the
investment policy out as long as I could. The problem with that,
especially right now, is I don't think there is an individual that breathes
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that knows anything about securities that doesn't believe that we are in
a situation in which interest rates are going to go up, okay.
And there are many of the experts out there who anticipate that
the fed funds rate will go up to somewhere around 3 to 3.5 percent if
the fed will quit buying bonds, which all indications are that they're
beginning to draw back on the purchase of bonds.
And that would probably take the five-year treasuries somewhere
out around 4, 5, maybe even up to 6 percent.
So you go out now, and if you look at the yield curve, you will
see that on a five-year security, the yield curve projects it to be out
around 2.
So what is the cost of going out into the marketplace today and
investing in a five-year security? You, essentially, have an
opportunity cost or loss of that opportunity to invest when the interest
rates go up of approximately 3 percent.
Now, I understand the need and the desire to be looking at the
securities, and that's actually my responsibility under the statute is to
try to comply with the investment policy. I'm not going to get into an
argument over who makes the investment policy here, because that's
not material to anyone because this board and the Clerk's Office has
developed the investment policy collectively over the years.
But the problem you have at this point in time -- and, you know,
when I listen to Commissioner Coyle, I get the impression he's trying
to convey that we don't have any securities out there in three-year
securities. I mean, we have, I think, somewhere in excess of 300
million or somewhere around $300 million in either securities or
treasuries or agencies that have a three-year maturity.
Now, obviously, there are some call dates in there, but as anyone
knows, call date -- calls are usually exercised when not in this
environment, okay.
Now, if I had to put an arrangement on one of those treasuries,
that might be good where I could sell it at a given price. But as the
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interest rates go up, the value of that security on it goes down.
So we're sitting in an environment in which I could put $32
million in a five-year security, I could put $32 million in a longer-term
security, but what have we done when we do that today? And I'm
speaking about today.
We have lost the opportunity cost associated with investing that
when interest rates rise into a more lucrative-return investment.
I have intentionally drawn the weighted average life of the
portfolio down to the 1 .9 percent with the intention of hopefully
taking advantage of the rise in interest rates as it goes out. We ladder
our investment policy or our investments out over the period of-- right
now it's over a period of about three years. If you look at the yield
curve, there is less than 1 percent difference in a three- and a five-year
security.
So, you know, it doesn't make a lot of sense from my perspective
to be stepping out there and losing the opportunity to take advantage
of the rising interest rates by investing in some long-term security
today.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I don't have any trouble with
the mechanism that the county uses to invest money. I believe we
should be consistent in the way we address that. You know, my
comments on this topic -- I am a very big supporter of Conservation
Collier. I think it's one of the more noble projects that we have
embarked on over time in the county, and it's very nice to have a
population that's willing to tax itself to do something of this nature.
I have been consistently concerned, though, about our approach
to long-term management, because I really believe in my heart, after
looking over these numbers -- and we talked about it in March -- that
we're not managing for perpetuity, as we promised the public who
committed their money voluntarily towards this, but we're committing
it towards the next tax increase and, basically, we're managing
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forward to a public bailout.
And I just -- I really don't like -- I don't like the way this has
come forward. You know, at our last discussion on this, we had talked
about, perhaps, making a recommendation to not fund the Gordon --
the greenway bridge, which was $645,000. And now I see there's a
recommendation to move that into additional land acquisition.
So, you know, it seems to me that every time we get one of these
recommendations, Conservation Collier, it's a moving target.
The last five years of the program are the ones that I'm most
disappointed in where we have a situation where we are budgeting 62
percent of our money in personnel, administrative, and overhead costs.
Any of you that would donate monies to charity, if you found out that
there was 62 percent in personnel, administrative, and overhead costs
and only 38 percent to the dedicated purpose, which is maintenance, I
don't think you'd be very happy.
So we're basically saying we're going to spend nearly $2 million
to administer maintenance spending of a million-two.
So I'm just not happy with it. I understand that the board
supports that and that that decision's already over the -- that's already
been decided but, you know, I just can't support it. I don't think it's
done in good faith, and I'm very disappointed in the way it's being
approached.
MR. BROCK: Could I make just a couple of more points before
we move on? You know, there's some suggestion that this board,
county staff, should have input into the process of how we invest, and
you will certainly get no argument from me with regard to that.
Now, you know, if, in fact, the county is not doing that, for
example, if they know that they've got a pool of money in which we're
not going to spend it, period, if that information is not being
transmitted to my office, someone is being remiss in taking advantage
of opportunity there, and I would certainly invite, you know,
everyone, including this board, to provide that input to us.
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Because I can tell you, there is absolutely no question, just as
Commissioner Coyle said, if, in fact, I know there's going to be a pool
of funds out there that I'm not going to have to touch for a certain
period of years, I can invest that without any concern for loss in
principal out to the period of years that we know it's going to be there.
Now, the problem with that arises when someone changes their
mind. You change your mind about that, and then you're going to
have to deal with the consequences of the change in mind.
And one of the problems that we have always had managing the
investment pool here in Collier County is the lack of definitive input
as to that process. So we have -- in a process commonly referred to as
laddering the portfolio, have used that process to deal with those
issues over the years.
But if someone knows of a pool of money which is untouchable
for a certain period of time, that needs to be passed along to us so that
we are able to take advantages of-- just as the policy says, matching
investments to expenditures. That's a fundamental principle of good
investment advice, okay.
CHAIRMAN HENNING: Okay. Before we go to the second or
maybe third round, I have some questions of Mr. Camel!.
You're saying, bringing back Conservation Collier ordinance for
changes, but you didn't specify what changes you're contemplating.
MR. CARNELL: Now, the -- where we last left that, the staff
position was that the work of the committee, as the ordinance
presently reads, is done for the time being, which is acquisition.
So we were going to -- it's our position at the moment that the
committee as structured either should be abolished or suspended. And
there's still discussion going on regarding what should the future be,
should there be some kind of citizen oversight or some other kind of
panel committee, and I don't think we've finalized exactly what our
response will be yet in terms of our recommendation to you.
MR. OCHS: Commissioner, we got direction to maintain the
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board but to talk to them about new roles and responsibilities beyond
the prior acquisition roles. That will get rolled in, ultimately, to --
CHAIRMAN HENNING: Any other changes to the ordinance?
MR. OCHS: It will roll into a change to the ordinance to
recognize those eventually. That's, essentially, what the ordinance
change is about.
CHAIRMAN HENNING: And why are you recommending a
$32 million fund balance?
MR. CARNELL: We're trying to leave as much money in the
fund and, frankly, allow for some very small leeway in the event that
there might be some needed. We're targeting -- at the moment our
best educated guess is in 2023 we'll have $33 million available. So by
having a target of 32-, we're giving ourselves a little bit of room if we
need it.
CHAIRMAN HENNING: Is that to incur or grow some money
through interest investments for the maintenance of the program?
MR. CARNELL: Yes.
CHAIRMAN HENNING: Is there anything else?
MR. CARNELL: Well, no. That's --
CHAIRMAN HENNING: Okay.
MR. CARNELL: Obviously, the larger the principal, the more it
enables the interest.
CHAIRMAN HENNING: I didn't want to assume. I just wanted
MR. CARNELL: Yes. No, that's a good question.
CHAIRMAN HENNING: There wasn't much of an explanation.
Who was next? I know that Commissioner Hiller has a burning
desire -- burning desire to talk.
COMMISSIONER COYLE: You better make her next.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Clerk, as far as putting you on notice of any policy changes,
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that's why we're so grateful to have Crystal here so she can report to
you on all our votes and make sure you know, you know, if we
establish balances, like, in this case, the 32 million base amount so
you can make your investment decisions accordingly.
So, Crystal, we're counting on you to report all findings of the
board back to the clerk so he can invest accordingly.
MR. BROCK: Commissioner, since she is the supervisor
responsible for the investment portfolio, I --
COMMISSIONER HILLER: Amen.
MR. BROCK: -- suspect that --
COMMISSIONER HILLER: She's paying attention.
MR. BROCK: -- already --
COMMISSIONER HILLER: Good. I'm so happy.
Crystal, thank you for all you do.
The thing that I wanted to discuss that we haven't touched on,
and you can educate us to this point -- is the question of the unrealized
losses.
As you properly describe, with yields going up, the value of our
debt portfolio will decrease. And while you're not selling the bonds
necessarily and you could hold them to a certain maturity, year after
year, as the rates continue to go up, it will produce an unrealized loss,
and my question is whether or not that unrealized loss, as reported on
our financial statements, could some -- in some manner adversely
impact our ratings.
I don't know if the rating agencies factor those kind of losses into
their analysis. And maybe you don't know the answer off the top of--
MR. BROCK: I mean, obviously, I do not know the factors that
the rating agencies use in evaluating our rating. I suspect that is rather
proprietary and --
COMMISSIONER HILLER: Well, I understand that.
MR. BROCK: -- and not given out freely. But if you think
about it, they're going to look at the unrealized loss. And you're
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absolutely correct, every year we have to mark the portfolio to market
COMMISSIONER HILLER: Exactly.
MR. BROCK: -- and recognize those losses.
And, you know, to give you a perfect example, just look at
Sarasota's. They have a $6 million loss on the books as a consequence
of their investment portfolio.
But, you know, they're going to look at the likelihood of those
recognized losses -- and I'm using terms of art here -- becoming
realized losses.
COMMISSIONER HILLER: Exactly. And that's exactly my
point. So we need to take that into consideration as well. It's not only
the actual realized loss, but it's the recognized loss and what potential
impact that may have on our ability to borrow, for example. So it's
just a thought. I wanted to bring it --
MR. BROCK: You know --
COMMISSIONER HILLER: And I had one last thing.
MR. BROCK: This is a symbiotic relationship that exists
between the board and the clerk. And, you know, we ought to be
collaborating with one another.
COMMISSIONER HILLER: Absolutely.
MR. BROCK: And, you know, for some reason, I thought we
were.
COMMISSIONER HILLER: You were.
MR. BROCK: Okay.
COMMISSIONER HILLER: And we are, and that's evidenced
by how the finance committee works. And if you look at the
membership of the finance committee, which includes, you know, our
director of public finance, our director of, you know, finance on your
side, legal counsel, our outside advisors, you know, we have
representatives from, you know, all sides working together --
MR. BROCK: Correct.
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COMMISSIONER HILLER: -- both public and private, to, you
know, achieve the best possible strategies for investing the funds we
have.
So I think it is very collaborative. I've attended those meeting.
They're very positive, they're very cordial, and they're extremely
productive, so I think it's a very good thing.
The last --
MR. BROCK: It goes both ways. You know, I have absolutely
nothing other than an advisory position in the determination of, you
know, bond issues or borrowing money or anything of that nature, but
that all goes through the finance committee and is worked out --
COMMISSIONER HILLER: Exactly.
MR. BROCK: -- through the experts or the professionals that
have that knowledge from both the board and the Clerk's Office.
COMMISSIONER HILLER: And I have one last point that's not
directed at you but directed at staff. I think, you know, Commissioner
Nance fairly asks questions, and I think they should be answered. I
feel that it really would be beneficial if maybe staff could explain the
staffing needs to Commissioner Nance to give him, you know, a level
of understanding that would allow him to accept the numbers that
you're proposing more readily.
So if-- you know, Leo, maybe you would like to -- and I think it
would be for the benefit of the public and the entire board as well.
CHAIRMAN HENNING: Would you hit your button there for a
minute. Yeah, it burned out.
COMMISSIONER FIALA: Oh, no. It's on now.
CHAIRMAN HENNING: It burned out. So -- okay.
COMMISSIONER HILLER: This is -- he's not being nice to me.
Do something. Leo? Jeff? Somebody do something. I mean --
CHAIRMAN HENNING: It's been on too long.
COMMISSIONER NANCE: It did that at the last break, ma'am.
COMMISSIONER COYLE: Turn off her light.
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COMMISSIONER FIALA: Probably overheated for a while
there.
COMMISSIONER HILLER: So, can you help out?
COMMISSIONER COYLE: Turn it off for the rest of the day.
CHAIRMAN HENNING: Yeah.
COMMISSIONER HILLER: Go ahead.
CHAIRMAN HENNING: Who's --
COMMISSIONER HILLER: No, I really --
CHAIRMAN HENNING: Commissioner Coyle's next.
COMMISSIONER HILLER: No. I want an answer.
CHAIRMAN HENNING: Oh, Commissioner Fiala's next?
MR. OCHS: Yes.
CHAIRMAN HENNING: You want an answer to what?
COMMISSIONER HILLER: I do. I want -- I want -- but can
you -- do you want to come back and give that answer?
MR. OCHS: I'll let Commissioner Nance tell me what he wants.
COMMISSIONER NANCE: I'll respond to it in a moment.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: Okay. Commissioner Coyle,
Commissioner Fiala.
COMMISSIONER COYLE: Okay. I'd just like to summarize a
couple of points, because I think we have a tendency sometimes up
here to gloss over issues.
I gathered from what the clerk said that there is some agreement
that we do not communicate as much as we should about what funds
are going to be locked up for a longer period of time and not utilized.
And if we are not going to communicate that to him, then he is not
going to be able to make the best decisions concerning investments.
CHAIRMAN HENNING: And, you know, let's just give him
direction to separate that $32 million from the general investment,
earmark it for Conservation Collier, so we know how much money it's
going to grow.
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COMMISSIONER COYLE: Well, that would be certainly one
recommendation.
CHAIRMAN HENNING: You're disagreeing with me?
MR. BROCK: Vehemently. I mean, the problem with doing that
is -- you know, there's a multitude of issues associated with that, one
of which is that the entire concept of the investment policy is its
pooled approached, okay. The criteria is I have to look at the pooled
approach.
Now, in terms of-- you know, you tell me you're not going to
need the money, you know, it's still a component piece of my portfolio
-- or the taxpayers' portfolio, so I have to look at the entire portfolio
from a global perspective.
So, you know, let me suggest to you that that is an absolute, in
my opinion, disaster looking for a place to happen.
CHAIRMAN HENNING: Okay. Well, let's just say that we're
not going to use $32 million.
MR. BROCK: You can tell me that, but understand, you know,
today you tell me you've got $32 million that you're not going to use.
I am not going to go out and invest $32 million today in some 15-year
security. That's not going to happen, because nobody believes that
interest rates are not going up. So I'm going to -- and most people
believe that it's going to happen in a relatively short time frame.
So I'm going to wait until I can take advantage of that increase in
interest rates before I would do that and, as a consequence, the
opportunity costs that would be lost, or would be associated with that
investment, you know, would be much less. I have to look at the
entire portfolio from a perspective.
But I assure you that if I know that there is a pool of money and
it -- all you have to do is give me some assurance that, you know,
you're not going to need the money out there for a period of time.
Like you say, we are going to maintain $32 million in the fund
balance of Conservation Collier. I can, at the opportune moment, go
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out there and invest that money in that particular security that is
appropriate in the yield curve.
CHAIRMAN HENNING: You want to continue?
COMMISSIONER COYLE: Could I continue?
CHAIRMAN HENNING: Yeah, please do.
COMMISSIONER COYLE: Basically what I'm -- I'm
suggesting two things. When we finish our budgets and we get ready
to approve the budget, if there are large amounts of money that are
going to be held for a long period of time, we're not going to use it, we
communicate that to the clerk, and then he invests it however it makes
sense.
But -- now, with respect to this particular situation, I would not
recommend any investment of that $32 million in anything more than
a five-year term.
MR. BROCK: Well, I mean -- and, you know, again, you're --
and I understand what you're saying and, you know, that is a logical
thought process saying to yourself, okay, even though they're telling
me that they're going to maintain $32 million, there is a certain degree
of risk that that is not really going to happen. And that is the type of
information that has to be communicated to me, because I don't
control when you spend it.
COMMISSIONER COYLE: Well, no. I'm saying something
different. I'm saying that I think it -- the lost opportunity for taking
advantage of increases in interest rates is too severe if you go out more
than five years, because I also think it's going to move fairly quickly.
But if you ladder it in two, three, and five, you can get
substantially higher interest. I mean, the difference between a three
and a five is a 100 percent difference. That's almost double the
interest rate that you get on a three-year.
So all I'm suggesting is that we've got $32 million. We're not
going to use it. Could we ladder it in two, three, and five in a way that
makes sense so that we mitigate our lost opportunity for increased
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principal? By laddering it, we can take those two and threes. When
they mature, roll them over into higher interest-bearing instruments,
and we don't risk the principal because we intend to keep it until
maturity.
MR. BROCK: Sure. You know, it's already laddered out to
three, okay.
COMMISSIONER COYLE: I thought it was 1.9.
MR. BROCK: No, that's the average. The securities are
laddered out to three years. I mean, I've got over $200 million in three
-- three-year securities, okay.
But -- and all I'm saying to you, Commissioner -- I mean, your
concept is right on. I mean, I'm not disagreeing with the concept. The
concept, however, has one flaw, and that is currently the difference in
yield between three and five is less than 1 percent.
You look at what is expected to happen within two years. And
based upon almost everyone's assumption of what's going on with
interest rates, you're making that up by waiting until they begin their
move. That's the reason that we have grown the average life of the
portfolio to maturity.
Down is low, is in order to be able to -- when that move begins to
take place, we can extend the life of the portfolio, take advantage of
the differential that would exist by moving out on the yield curve, and
the taxpayer benefits.
COMMISSIONER COYLE: Well, I understand that, but the
thing is that the tax curve has changed dramatically since last year,
too.
MR. BROCK: Oh, absolutely.
COMMISSIONER COYLE: So --
MR. BROCK: But, I mean, I can show you the yield curve as it
exists today.
COMMISSIONER COYLE: Oh, I've got it memorized.
MR. BROCK: Okay. Yeah, I bet. I bet.
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COMMISSIONER COYLE: I know what it is.
But in any event, that's all I'm suggesting is to consider doing
something like that, it really takes it out five for some portion of that
32 million. That's it.
MR. BROCK: What you are suggesting happens all of the time
in our office. We are constantly evaluating our philosophy on the
portfolio based upon all of the risk factors, interest rates -- interest rate
risks, opportunity costs, and all of those factors that are involved in the
portfolio. Those decisions are input into the process, you know, almost
on a -- I won't say a daily basis because we don't deal with it on a
daily basis, but it's constantly evaluated whenever we make our
investment decisions.
COMMISSIONER COYLE: Then I would expect that the .05
percent that staff is using now and probably for next year is too
conservative.
MR. BROCK: I would -- assuming expectations move out, I
suspect you're correct.
CHAIRMAN HENNING: Okay. Are you complete?
We're going to take a lunch break and continue this when we get
back. The time is 10:21 (sic). Let's be back at 1 :20.
MR. OCHS: Continue this item, sir?
CHAIRMAN HENNING: Yeah. We're going to beat it a little
bit more.
MR. BROCK: I'm gone unless somebody tells me --
CHAIRMAN HENNING: I think you should go. I'm going, too.
We're on recess.
(A luncheon recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seat.
Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Okay. Continuing on the previous
discussion before lunch break was --
MR. OCHS: Yes, sir, we were on 11B, the discussion on the
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Conservation Collier 10-year financial plan.
CHAIRMAN HENNING: Okay. Is there a motion or direction
to staff?
COMMISSIONER HILLER: I believe I already made a motion.
CHAIRMAN HENNING: What is your motion?
COMMISSIONER HILLER: To accept staffs recommendation.
CHAIRMAN HENNING: Okay. Is there a second to the
motion?
COMMISSIONER FIALA: I still have a question that -- I'll
second it for the sake of discussion, but I wanted to ask Commissioner
Nance a question. And this was way back. You'll have to recall about
a while back.
Commissioner Nance, you made a statement that said -- and I just
wanted to see if you could explain it. It said -- you said 62 percent of
the dollars that the taxpayers invested is spent on administration. And
I was -- and you said, what will the taxpayers think if-- when they
thought that their money was going to be used on land acquisition, or
at least that's what I thought I heard you say. Would you straighten
that up for me, please?
COMMISSIONER NANCE: Yes, ma'am. In years -- in the
10-year budget that's already been approved by the board that would
be in the Fiscal Year '19 through '23, if you will do a little bit of math
on the total personnel, administrative, and overhead costs and the
amount of money that's budgeted for maintenance costs, you will see
that of the total amount that's being spent during that five-year period
of time -- because that's none spent on improvement and amenities.
It's a zero budget for improvement and amenities -- you will see that
62 percent of the monies that are being spent are for personnel,
administrative, and overhead costs and not for maintenance
programming, which means that we're spending $1,976,303 to have
the personnel to administer one million, 213 dollars, 109 dollars (sic),
which is 38 percent, which means that you've got a lot of personnel
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and overhead to not spend a lot of money.
So you're supervising the spending of money, but you've got a lot
of costs in supervising the spending of not much money.
COMMISSIONER FIALA: Commissioner Nance, if we only
have two employees, I -- could you show me your figures? It's hard
for me to figure out what you're trying to say.
COMMISSIONER NANCE: Okay. It's right here in this chart,
ma'am. If you'll just add up these numbers, total personnel and
operating expenses each year, it's about $388,000. And then you go
down under total maintenance costs, and you'll find out that it's down
in this column over here.
So, for example, in the year four twenty (sic), we're spending
$399,000 to spend, administer, $195,000.
COMMISSIONER FIALA: But --
COMMISSIONER NANCE: It's in this chart.
COMMISSIONER FIALA: Okay. But the employees -- I mean,
it sounded to me like it was an outlandish amount for -- you know, and
we only have two employees. And I'm thinking, now, where did we
get 62 percent? Now, I don't know about the maintenance, being that
the employees are going to maintain it, too. I'm not quite sure.
And maybe I need to not ask you but I need to ask staff what they
can -- if they can explain that to me, because that statement really
made me uncomfortable.
COMMISSIONER NANCE: Sure.
MR. OCHS: Steve?
MR. CARNELL: Yeah. Commissioner Nance is referring to the
backup where it summarizes the base-year revenue and expenses, and
I believe there's a line called administrative and overhead costs. And
for this year it's $228,000 adopted, 210- estimated, and then you'll see
basically a declining balance that goes down to the 140s and flattens
out around 150-, and then there's basically inflationary costs.
So it ends up, in Year 10, at 168,000. And that includes staffing,
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but that also includes our outsource cost to our contractors, and it's,
essentially, all of our operational costs other than vehicle and
equipment replacement, which is broken up separately, and then
payments that we've had to make in the past to the tax collector and
other constitutional officers for different support of the fund.
But the -- so that's everything, Commissioner.
COMMISSIONER FIALA: Okay. And so how many acres do
we have? Can you give me an estimate?
MR. CARNELL: Four thousand and change.
COMMISSIONER FIALA: Four thousand acres, and this is over
a 10-year period?
MR. CARNELL: Yeah.
COMMISSIONER FIALA: And those 4,000 acres we must
maintain; otherwise, we've spent the public's money for nothing,
right?
MR. CARNELL: That's right. That's right.
COMMISSIONER FIALA: Okay. And we're going to be trying
to do that with two employees? So I --
MR. OCHS: Commissioner, during the break we just put a real
quick summary together that hopefully will give the board a little bit
of a flavor of what kinds of duties and responsibilities those two staff
people will be performing during this -- well, actually, as we manage
the program.
COMMISSIONER COYLE: Can I -- would you mind?
CHAIRMAN HENNING: Yeah, please.
COMMISSIONER COYLE: It's just like spending $10 million
to build a library and then over the next 20 or 30 years you've got the
staffing costs and the maintenance and operating costs, and over a
long period of time, that staffing cost and administrative cost is,
naturally, going to be more than the cost for building the building, and
that happens in almost every case that we have.
So whenever -- well, the park, for example, your park that was
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developed, the recreation center at the park. It costs X amount of
money, but it costs money to staff it and maintain it over time.
Now, you take a 20-year period of time, and that amount of
money becomes fairly substantial, and it makes the initial investment
begin to look smaller.
So the longer you begin to -- you evaluate the cost of operation,
the smaller the initial investment becomes and the larger the sum of all
the operation and maintenance becomes.
So it's just a natural result of having to maintain what we build or
what we acquire.
CHAIRMAN HENNING: Okay. Who was next? Commissioner
Hiller?
COMMISSIONER HILLER: How many employees are you
going to have year upon year for that 10-year cycle?
MR. CARNELL: It's progressing downward. It will be rolling
down to three and a half in the coming year and then -- I think it's
FY'19 we get down to two employees, and the second five years it's
two FTE projected forward.
COMMISSIONER HILLER: And what is the projected salaries
for these employees? Like, what are you estimating?
MR. CARNELL: I don't know the total amount, but it will
probably be, for two staff about -- their salaries would be, total, about
160-, $170,000 with benefits, the whole bit, the two people together,
sitting here -- out loud.
COMMISSIONER HILLER: So can you put those numbers
back up?
MR. CARNELL: For the -- oh, what we were looking at earlier?
MR. OCHS: The 10-year.
MR. CARNELL: Yeah, this one.
COMMISSIONER HILLER: So, basically, you have -- can you
make it larger, please? It's, like, hard to -- can you expand it?
All right. So if you go back to -- go back. Can you clear the
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header so we can actually see the labels.
MR. CARNELL: Let me put this one on.
MR. OCHS: Make it a little easier to see.
COMMISSIONER HILLER: Okay. So right now what's the
total -- the total personnel cost is?
MR. CARNELL: In the current fiscal year, it's $210,000, but,
ma'am, that includes other operating expenses, too. That's not just
salary and benefits.
MR. MILLER: You've got to be on the mike.
MR. CARNELL: Okay. Yes, personnel is 351-, I'm sorry.
COMMISSIONER HILLER: Okay. And what does that
include?
COMMISSIONER COYLE: You've got to get on the mike.
MR. CARNELL: That would -- okay, yes. That would include
-- is it four-and-a-half staff members? Four point five --
four-and-a-half positions.
COMMISSIONER HILLER: Four-and-a-half positions. And
that's the burden cost, right?
MR. CARNELL: Yes.
COMMISSIONER HILLER: So -- and the total maintenance
expense is a million what, a million, two, a million, three?
MR. CARNELL: Over 10 years?
COMMISSIONER HILLER: No, just for that first year, as an
example.
MR. CARNELL: Yeah. Yes, one-and-a-half million.
COMMISSIONER HILLER: And then it -- it progressively
decreases -- the maintenance cost progressively decreases, and then
you're proportionately decreasing your payroll cost, right?
MR. CARNELL: That's correct, that's correct. A number of
these properties still have active exotic removal programs. It takes a
few years to tame a property and get it to the point where the exotic
management is nominal or more minimal.
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COMMISSIONER HILLER: And so when I go back up to the
top, you've got administrative and overhead costs. What does the --
what do the admin and overhead costs represent?
MR. CARNELL: Those would be funds paid out to contractors
for a variety of different activities, including prescribed burns -- I'm
sorry -- exotic removals, mowing, fencing, repairs, and installation
and maintenance, the fencing, trail maintenance, debris removal, tree
trimming, pest management, structural repairs on the sites, on the
different sites.
COMMISSIONER HILLER: Well, the only thing I will say is
that, going back to the top line, which is the salary, which, you know,
as you say, you know, reduces over time, your staffing doesn't seem to
be the issue.
The issue really just seems to be, you know, what you're paying
for that staffing, because it seems that you're paying, you know, at
least 100,000 to each of these people, you know, the total two that
you've got. And so maybe what needs to be revisited is the actual
salaries these people will be making.
MR. CARNELL: That's -- you're referring to the out years,
232,000 in 2023?
COMMISSIONER HILLER: Just all along. I mean, as you're --
you've got the payroll figure -- you know, the number of people
employed is not the issue. And, obviously, the administrative and
overhead is also not the issue, because you do have to engage these,
you know, outside service providers. And I'm sure there's some
burden that the county is placing on this fund for, you know, computer
and all that kind of stuff.
MR. OCHS: That's in that admin and overhead.
COMMISSIONER HILLER: Right. Like the overhead
allocation.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: But the question is, is what are you
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paying as salaries to the, you know, three to -- two people, excuse me,
that you're ultimately going to have working this?
MR. CARNELL: Sure. Well, in 2023, of course, that's 2023
dollars with an inflation projection out nine years, and that's two
people. It's a little bit confusing, because the staffing complement is
going down as you move across at different points in time.
COMMISSIONER HILLER: Well, again, I think you need to
look at the actual salary, Leo.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Because the individual salaries
may be high. I mean, the staffing doesn't seem too much, and the
overhead is what it is. And, you know, outsourcing costs what it costs.
And, you know, eventually those numbers will adjust based on
bidding, but we have full control over the salaries, and the question is
whether or not the salaries for the staff isn't too high.
But I don't see the issue with the ratio of, you know, what the
cost is to administer this program because, I mean, it costs what it
costs. I mean, we have to hire the outsiders to do certain things, and
that's what those services cost.
And, you know, our actual maintenance cost -- which doesn't
include outside contracting, correct?
MR. CARNELL: I'm sorry. Which line?
COMMISSIONER HILLER: The maintenance costs. What do
maintenance costs include?
MR. CARNELL: The maintenance costs -- that would be. That
would be the outside contracting.
COMMISSIONER HILLER: Well, then what's the
administrative and overhead? You said that included the outside
contracting.
Let me make it easy for you. Why don't you revisit the detail on
the personnel costs and the administrative and overhead costs and give
us the detail budget that drove those numbers so we can look at the
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detail and see if it appears reasonable.
CHAIRMAN HENNING: You mean email it to us?
COMMISSIONER HILLER: Yeah.
MR. CARNELL: Very good.
COMMISSIONER HILLER: That's fine. And then we can bring
it up at the next meeting. If we feel it needs to be adjusted, we can
give you under commun -- under commissioner communications, we
can give you direction if we think the salaries are too high or, you
know, your estimate of outside services doesn't seem reasonable or
whatever the case may be.
COMMISSIONER FIALA: I think we also have to figure into
those salaries what duties and responsibilities they're taking on --
COMMISSIONER HILLER: Absolutely.
COMMISSIONER FIALA: -- that we now do not have to pay
out, and their certifications and licenses and so forth.
COMMISSIONER HILLER: Right, absolutely.
COMMISSIONER FIALA: I mean, we can't be paying them less
than our own secretaries.
COMMISSIONER HILLER: Right. You need to, basically,
justify the salaries that you're providing, and I'm sure you have all of
that --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- through HR.
MR. OCHS: Yes.
COMMISSIONER HILLER: And then that will take care of that
issue, because I agree with Commissioner Coyle, you can't look at the
ratios the way Commissioner Nance is. It doesn't work.
So -- but we should have the detail to make sure that everything
does appear reasonable.
CHAIRMAN HENNING: Yeah. Commissioner Nance
commented --
MR. NANCE: Yeah, my concern, Commissioners, is that we get
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-- we said we were going to maintain these properties. My concern is,
and my hope is, that we can get the majority of our funding into
maintaining the properties. And there's a lot of ways to do that. You
can do it yourself. You can hire it done. There's a lot of different
ways to do it. And our goal should be to maintain the properties as
much as we can.
If you'll look at this 10-year plan and you look at the bottom on
improvement and amenities, you will find that they're very scant
because the economics of the recession and the collections of monies
and the way the monies were spent and the whole combination of
things did not allow for the improvement in amenities.
Each one of these parcels has an individual maintenance plan that
includes how to take care of it, how it should be improved, how the
public should be allowed to get to it, but that is not contemplated here
because there's no funding allowed.
Most of the maintenance that's in there is basically to clean up
the properties if they have any problems, remove exotics, take care of
the natural habitats, and so on and so forth. That is the important thing
about the Conservation Collier Program. That is what we told the
citizens that we were going to do. We were going to acquire valuable
properties, and we're going to take care of them forever.
My concern has been to make sure that the money that we spend
is used to take care of them and that it is, indeed, forever.
So I asked Mr. Carnell and Mr. Ochs to kindly put back the
Conservation Collier Funds five- and 10-year summary up there, and I
will tell you in response to Commissioner Hiller's comments, Mr.
Ochs and Mr. Carnell and Mr. Isackson and his staff have answered all
of my questions. I compliment them completely for the job they did.
They've been very gracious with their time, and they spent a lot of
time answering my questions. They did a whole workup, and I
appreciate that, and I think it's very valuable information.
But what I would like to have them explain to everyone right
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now is in the lower right column, and that is the general Conservation
Collier Fund balance, which is projected to be the amount of money
that we have at the end of Year 10, and the number below that, which
is the PHU escrow fund balance and describe to everybody what those
funds are and what their purpose is and what -- how much, you know
-- where the income goes that those funds generate, for example.
COMMISSIONER HILLER: Back up to the top under operating
revenue.
MR. FINN: Thank you, Mr. Chairman. Edward Finn from the
budget office. It's a good question, Commissioner.
COMMISSIONER NANCE: Yes.
MR. FINN: The numbers you're referring to are, in fact, the fund
balance.
COMMISSIONER NANCE: Yes.
MR. FINN: Essentially, this program is designed to be operating
with an escrow fund or a non-wasting escrow fund that should
generate some returns that should fund the operations in perpetuity
subject to whatever -- however you would actually define perpetuity.
So, essentially, that's what it is. The split you see there is based
on the plans that exist insofar as there's -- the fund balance in total is
going to be split between specific money escrowed to maintain Pepper
Ranch and Caracara PHU preserves verse the balance -- the larger
balance, which would then spin off interest returns to maintain the
balance of the properties.
COMMISSIONER NANCE: Okay. So the escrow fund, which
is $5,728,000, is generating money that is to be used for specific
purposes.
MR. FINN: Yes, specific purposes.
COMMISSIONER NANCE: And what are those specific
purposes?
MR. FINN: That would be whatever the management plans are
that are defined by the grantor agency to obtain the PHUs.
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COMMISSIONER NANCE: Okay. So we have specific things
that we have to spend that income from.
MR. FINN: Yes, that is right.
COMMISSIONER NANCE: In perpetuity?
MR. FINN: Yes, that is right.
COMMISSIONER NANCE: So that is not -- those are not
monies that are available to us for purposes other than that?
MR. FINN: That is correct. Subject to -- that agreement needs
to be finalized and approved by --
COMMISSIONER NANCE: Right. But once that agreement is
consummated and those funds are placed in escrow balance, then
those funds are encumbered in perpetuity?
MR. FINN: Yes, that's correct.
COMMISSIONER NANCE: For those purposes?
MR. FINN: Yes.
COMMISSIONER NANCE: Okay. So the only point that I
wanted to make was, and the only two numbers that I think are
important to look at, and that is the number on the upper left, which is,
when we started this analysis, we had a beginning balance in the fund
of$37 million.
MR. FINN: Correct.
COMMISSIONER NANCE: And in the lower right, 10 years
down the road, we're going to have an unencumbered fund balance of
$27 million. That's a diminishment in the unincumbered funds of$10
million in the first 10 years of the program. That's a third of the money
in the first 10 years of forever.
MR. FINN: And if I may --
COMMISSIONER HILLER: That's not true.
MR. FINN: -- Commissioner. Without disagreeing directly, I
will say --
COMMISSIONER HILLER: Totally not true.
MR. FINN: -- that those monies combined represent the $33
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million total fund balance.
COMMISSIONER NANCE: Oh, I agree, I agree, but --
COMMISSIONER HILLER: There's no diminishment.
COMMISSIONER NANCE: -- that is -- that is what we, you
know -- and what has been accomplished in the meantime to fund the
different activities and the amenities that we have purchased is we've
severed value from our program. We've sold things of value. We've
sold the PHUs, and we spent the money in the meantime, so -- there's
been a lot of movement of funds in the very early -- that's my point is
there's been a lot of expenditure of funds in the very early days of the
maintenance --
MR. FINN: Yes, sir. Two --
COMMISSIONER NANCE: -- period of this program that's
supposed to be in perpetuity. So it just raises concern in my mind
over whether it's being positioned to function on a basis of forever,
which is what we told the Collier County citizens we were going to
do.
COMMISSIONER HILLER: It is.
COMMISSIONER NANCE: That's the basis of my concern, and
that's it. And I understand that there's not -- that the board doesn't
share this concern, so I don't want to belabor this any further.
MR. CARNELL: I just would say, Commissioner, that -- you
make a valid point, but just remember with that there is perpetual
interest recovery on that money and income from the sale of the
PHUs, and so that -- we pointed that out this morning that when you
look at the PHUs as a package, there's more coming in than going out
over the long haul.
CHAIRMAN HENNING: Yeah. Well, there's still a difference,
and I agree with Commissioner Nance's statement. But, anyways,
Commissioner Fiala, do you have anything?
COMMISSIONER FIALA: My question is answered. I just
wanted to know what Commissioner Nance was referring to.
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CHAIRMAN HENNING: Okay. We have public speakers?
MR. MILLER: We have one registered public speaker. Brad
Cornell.
MR. CORNELL: Good afternoon, Commissioners. Mr. Chair,
I'm Brad Cornell, and I'm here on behalf of Audubon of the Western
Everglades and Audubon Florida.
And I just wanted to address one particular aspect but first say
that I've appreciated the conversation that you-all have engaged in and
the dialogue you've had on March 11th and today. I think it's been
very constructive, and I think you've raised some important issues,
looked for answers to important questions; so I appreciate that. And I
think the direction that you're all heading is a good one.
I will point out my one concern, and Audubon of the Western
Everglades' concern over the 10-year budget proposal that you have in
front of you, and it's kind of the fundamental issue you've been
wrestling with this morning and now this afternoon, and that is you
cannot -- it seems irresponsible to look at a budget that shows
projections and assumptions about interest generation from -- basically
an endowment fund that falls behind the projected inflation rate.
And so that fundamental issue seems to be a real problem with
the proposed budget. It's not just a problem for Conservation Collier's
management fund. It would be true for the entire budget. So I would
encourage you -- and I'm not a budget wizard. This isn't my expertise.
But I do look at -- that bottom line, literally, on your 10-year
projection on the spreadsheet shows, you know, starting in Fiscal Year
'16 that you've got a problem. You're going to be losing money
against inflation in two years, and that's going to continue on through
the entire 10-year period.
So it questions the investment strategy, and I think that, you
know, the discussion you've had is appropriate. I think these are
legitimate questions to raise among yourselves and with the Clerk's
Office. I think that there has to be a better way to stay ahead of
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inflation and achieve the objectives of a perpetual management fund.
So I only raise that issue. I think everything else about the proposal
makes sense to me, but that particular issue is a problem.
Thank you.
CHAIRMAN HENNING: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: What inflation rate are you using
when you're projecting your future costs?
MR. OCHS: Where's the 10-year?
COMMISSIONER FIALA: Could you say that question again,
please?
COMMISSIONER HILLER: What inflation factor are they
using.
MR. FINN: Ma'am, if I may -- again, Edward Finn, from the
budget office.
There's a number of different inflation numbers throughout the
plan. I will say that, by design, we've estimated our inflation
relatively high. Our goal is to be conservative. Ideally, we would
bring this plan in at costs and revenue -- revenue above the plan and
costs under the plan. Ultimately this is just a plan. It will change
every year with what the most current year is. The numbers are
designed to keep us out of trouble.
MR. OCHS: And, frankly, you know, as we sit here today, the
inflationary costs in your budget are running at a higher rate than your
portfolio's rate of return. That's just the reality of the national
economy right now. There's not a lot -- you know, we all wish we
could earn more than -- or outpace inflation, but it doesn't always
happen that way.
COMMISSIONER HILLER: Right. And, basically, to
recharacterize what Commissioner Nance said, that other schedule
basically shows that you start with 37-, you end with 33-, you have
capital expenditures of 3 million, and you have a subsidy to the
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operating expenses of a million.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Over a 10-year period.
MR. OCHS: Right. And I think the most important of all the
staff recommendations listed in your executive summary, in my view
today, is to establish that fund balance floor at $32 million.
COMMISSIONER HILLER: Create the endowment.
MR. OCHS: Not only does it force us to manage it on the
expense side, but it gives the clerk a number where he knows he can
invest at, perhaps at a different level than he has with something that
turns over shorter.
COMMISSIONER HILLER: On the revenue projections at the
-- at the end of the 10-year period, did you include revenues from
PHUs?
MR. OCHS: Yes.
COMMISSIONER HILLER: Is that included?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: And what rate did you use for
that?
CHAIRMAN HENNING: Market rate, I would hope.
COMMISSIONER HILLER: Well, that's what I'm going to find
out.
MR. CARNELL: Six hundred dollars per unit is the rate that's
being used. It's calculated at cost as opposed to market rate, so it's on
the conservative side.
COMMISSIONER HILLER: So basically what you've done is
you've understated your revenues, you've overstated your expenses,
and it's working nonetheless. So if it goes to the negative on either
side, you've built in a cushion.
MR. OCHS: Yes, ma'am. We kind of call it conservative
budgeting, generally speaking; yes.
CHAIRMAN HENNING: Okay. Well, let me go over the
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motion, staffs recommendation. Institute a reduction of personnel,
operating, and amenity expenditures.
Now, you know that in the future personnel is going to be doing
maintenance. Do you want best value of that consideration, or do you
want to just keep the personnel?
COMMISSIONER HILLER: What do you mean by that? Can.
you explain your question?
CHAIRMAN HENNING: Well, it's proposed to transition the
existing staff into maintenance; in other words, they're going to go out
there and spray --
COMMISSIONER HILLER: Manage -- actually manage the
management plans of the conservation areas. That's essentially what
they're doing. I mean, we have -- we have known costs to have these
preserve lands. We have management plans that dictate what has to
be done. Like, for example to the point of the set-asides for the -- for
caracara and for Pepper Ranch. You know, they're --
CHAIRMAN HENNING: So you don't want best value?
COMMISSIONER HILLER: What do you mean by best value?
CHAIRMAN HENNING: Well, if you take a look at -- this is
what they're going to be doing, you're going to be -- exotic removal.
COMMISSIONER HILLER: No. They're hiring, managing, and
overseeing contractors.
MR. OCHS: We have the contract management component on
the top. We have actual -- the two staff positions in the field doing
those activities in the middle of the page, and those two people also
providing a level of management and administration of the balance of
the activities on the bottom of that sheet.
CHAIRMAN HENNING: Okay. In the motion, do you want to
direct the Clerk of the Court, not direct, but tell him that we are -- we
don't need $32 million from Conservation Collier and invest that so
we can get the best value?
COMMISSIONER HILLER: Well, no. I think that the
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recommendation should be what staff recommended. In terms of how
the funds should be invested, they'll -- if there is a different policy
than what is our current policy for investments, that ought to be
proposed by staff after discussion with the finance committee, and
they ought to come back to us.
I mean, as of right now, they and the clerk don't see that that
should be different than what it is. But it should be evaluated, and it
should always be evaluated on an ongoing basis by the finance
committee and by staff as to whether or not our investment policy is
optimal given the times.
CHAIRMAN HENNING: Well, let me read you the
recommendation, that the board provides any direction to the clerk
regarding the investment approach and/or distribution in investment.
So with that said, do you want to clarify that recommendation?
COMMISSIONER HILLER: The --
COMMISSIONER FIALA: Let me add just --
COMMISSIONER HILLER: Sure, go ahead.
CHAIRMAN HENNING: Just hang on. Since she made the
motion, I want to --
COMMISSIONER FIALA: I'm the second.
CHAIRMAN HENNING: I know you are, so I will go right to
you after I get that answer.
COMMISSIONER HILLER: And my response is I'd like to hear
Commissioner Fiala's input before I respond.
COMMISSIONER FIALA: Thank you. I think the clerk has
done a great job, and I think, as we heard him discuss with
Commissioner Coyle --
COMMISSIONER HILLER: Right.
COMMISSIONER FIALA: -- I think they both came to a total
agreement. It sounded like this is what staff wanted, too, and I don't
really like the idea of telling the clerk what to do. I think they're doing
a great job, so I like the motion as it stands.
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COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Okay. Well, the conversation that
Commissioner Coyle had with the clerk is not the board's position,
okay. So --
COMMISSIONER FIALA: But it's the clerk's position, right?
CHAIRMAN HENNING: No.
COMMISSIONER FIALA: Well, it sounded like --
CHAIRMAN HENNING: Okay. I'll let that go.
Now, what about market rate of the PHUs. You want to do
market rate or --
COMMISSIONER HILLER: I think you want to -- in every
instance I think what staff has done, in terms of budgeting as
conservatively as they have, is correct. When it actually comes to the
acquisition of those PHUs or the sale of those PHUs, we can decide
what the price should be. That -- for purposes of the budget, we're
being conservative. For what the actual price will be when those get
sold by --
CHAIRMAN HENNING: Are those PHUs coming back to us
when --
MR. CARNELL: Yes, sir. That caracara agreement should be
coming fairly soon.
CHAIRMAN HENNING: Okay.
MR. CARNELL: Pepper Ranch is a few years away.
COMMISSIONER HILLER: And, as I was saying, when that
comes back to us, we will decide what the price should be and we can,
you know, market to market or we can leave it at cost. But for what
we're doing here in terms of adopting the budget doesn't mean that
we're actually approving that in the future we are actually going to sell
those PHUs at that price, or we are going to engage in outsourcing to
that degree, or maybe we will do more outsourcing. I mean, it's just --
it's an estimate.
CHAIRMAN HENNING: I understand.
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COMMISSIONER HILLER: And we'll make the decision when
it comes to us for a vote when we actually make the expenditure.
CHAIRMAN HENNING: Okay. Any further discussion on the
motion?
MR. OCHS: Mr. Chairman?
CHAIRMAN HENNING: Yes.
MR. OCHS: At the risk of belaboring this, there was a comment
just before lunch. Commissioner Nance brought it to everyone's
attention about the money that was earmarked in the plan for --
marked for the bridge --
COMMISSIONER NANCE: Yes.
MR. OCHS: -- that has now been discussed instead for an
acquisition.
COMMISSIONER NANCE: Further land acquisition.
MR. OCHS: Now, just to refresh the board's memory, staff
didn't dream that up. The board directed that the last time we talked
about this when Ms. Crier got up and talked about the potential of
obtaining that parcel, and the board said go to work on it as soon as
you can, so --
COMMISSIONER HILLER: And bring back a proposal.
MR. OCHS: And bring it back. And that's what we've been
working on. That's why we left that placeholder there, not for a bridge
but, instead, potentially for that acquisition, so --
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: Okay. All in favor of the motion,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER NANCE: Aye.
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CHAIRMAN HENNING: Motion carries, 4-1 ; Commissioner
Nance dissenting.
We have public comments; is that where we're at?
MR. OCHS: Yes, sir; yes, sir.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
CHAIRMAN HENNING: Do we have any public?
MR. MILLER: Yes. We have one registered speaker for public
comment, John Lundin.
MR. LUNDIN: Good afternoon. Thank you for letting me speak
at public comments.
Last Monday, on March 31st in this very room, the Florida
Department of Environmental Protection, the Big Cypress Swamp
Committee, passed a motion against Dan A. Hughes oil drilling permit
in Golden Gate Estates. I'd like to quickly read you the motion. It's
very short.
Motion: That the DEP deny the Dan A. Hughes oil drilling
permit application. As reflected in the form, the permit was originally
issued, including but not limited to these four factors.
One, amend permit to contain upfront contingency plans for
spills outside and inside the berm; two, applicant shall develop and
submit to the department of planning to minimize impacts, truck
traffic to Golden Estate (sic) neighborhood; three, recommend that the
bond be increased to $1 million per well and extend it as
indemnification for a period of 15 years; four, ensure that the
exploration and production activities will cause no permanent adverse
impact to water resources and sheet flow in the area or on the
vegetation and the wildlife, with special emphasis on rare and
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endangered species.
I recall -- you've probably dealt with this issue a few times. I
request that you, the Collier Board of County Commissioners, write a
letter of recommendation endorsing this motion by the DEP, and I'd
also request that Collier County -- you direct your county staff to
enact ordinances to satisfy these four requirements, and I do this
because you -- as a county, you are responsible for the health and
safety of people here in Collier County.
Thank you.
CHAIRMAN HENNING: Okay. Now we go to public hearings.
Item #9C
ORDINANCE 2014-15: AMENDING ORDINANCE NUMBER 08-
13 WHICH ESTABLISHED THE BRANDON RESIDENTIAL
PLANNED UNIT DEVELOPMENT, TO RETAIN THE DENSITY
OF 204 RESIDENTIAL UNITS; TO REVISE THE MASTER PLAN
TO CHANGE THE LOCATION OF THE ENTRANCE ROAD ON
VETERANS MEMORIAL BOULEVARD, TO RECONFIGURE
ON-SITE PRESERVE AREAS AND RECONFIGURE THE
DEVELOPMENT AREA; TO REVISE DEVELOPMENT
STANDARDS; TO ADD DEVIATIONS; AND TO MODIFY
DEVELOPMENT COMMITMENTS INCLUDING REMOVAL OF
THE AFFORDABLE HOUSING COMMITMENT. THE SUBJECT
PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF
LIVINGSTON ROAD AND VETERANS MEMORIAL
BOULEVARD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 51+
ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-
PL20130001056] - ADOPTED W/ACCESS CONNECTIONS,
STAFF AND CCPC RECOMMENDATIONS
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April 8, 2014
MR. OCHS: Yes, sir.
That takes us to Item 9C on your agenda this afternoon,
Commissioners. This item was continued from the March 25, 2014,
BCC meeting. It requires ex parte disclosure be provided, and all
participants are required to be sworn in.
It's a recommendation to consider an ordinance amending
Ordinance No. 08-13, which established the Brandon Residential
Planned Unit Development.
CHAIRMAN HENNING: Okay. Anybody wishing to
participate in this discussion, please rise to be sworn in by the court
reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN HENNING: Okay. Ex parte communication by
board members.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I've read the staff report, I've
had a meeting with Mr. Yovanovich, and I've received email on Item
9C.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yes. I also received and reviewed
the staff report, received emails, and spoke with Mr. Yovanovich.
CHAIRMAN HENNING: I received the staffs report. We all
received an email from Chris Thornton. I also spoke to John Botwell
(phonetic), and I spoke to staff about it.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I, too, have had meetings,
correspondence, emails, and spoke to Mr. Yovanovich and Patrick
Vanasse and Wayne Everett, and the updates from the staff.
CHAIRMAN HENNING: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: She got that from me?
COMMISSIONER FIALA: I did. I copied.
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COMMISSIONER COYLE: I have met with Mr. Yovanovich
on March the 24th and April the 7th, I've reviewed the staff report, and
I have received emails.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: And, by the way, it's Patrese, you
know. If we're going to attack names, then we have to call him
Patrese. Like Patrese Beljohon (phonetic).
CHAIRMAN HENNING: Mr. Yovanovich?
MR. YOVANOVICH: You're the only two that understood what
just happened, right?
CHAIRMAN HENNING: No. We're going to continue on with
the meeting.
MR. YOVANOVICH: Okay.
CHAIRMAN HENNING: Mr. Yovanovich, I understand that
you have agreements with the neighbor to the south?
MR. YOVANOVICH: Yeah. Let me -- I'll put up a master plan
so you can see what we -- just real briefly, what we agreed to do at the
Planning Commission is to provide an interconnection to these
property owners down here, which is the letter you received this
morning, or email you received this morning, to provide an
interconnection through the project and through the main gate for
access, because right now this parcel is landlocked.
At the Planning Commission, Mr. Kremani (phonetic) appeared
and attended representing seven property owners up here, and there's
one outlier property owner here.
The seven property owners up here have agreed to provide
connections amongst themselves, and the church -- and Mr. Thornton
is here on behalf of the church to verify this. The church has agreed to
provide interconnection for these property owners through its property
to get to this same access point.
So we've come up with a unified plan of access for property
owners that bought their property landlocked, so we've been working
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to assist them and, frankly, adding value to their property.
This person -- I don't know if it's a man or a woman or an entity
-- was not part of the consortium that Mr. Kremani represented, so we
left an interconnection on our master plan for that individual so they
could get access to our property.
We do have a written agreement in place with the church
regarding this access. I do not know if the seven property owners
have, likewise, reached out to the church to paper, if you will, their
interconnection at this point, but there is the ability to do that in the
future. So I think access has been resolved, at least to the satisfaction
of the Planning Commission and everybody who attended at the
Planning Commission meeting.
CHAIRMAN HENNING: Okay. And that's -- you're done with
your presentation?
MR. YOVANOVICH: Unless we get into more. I just wanted to
give you the -- kind of the brief history how we got to where we are.
CHAIRMAN HENNING: Any board members have any
questions for Mr. Yovanovich?
(No response.)
CHAIRMAN HENNING: Can we have staffs presentation?
MR. SAWYER: For the record, Mike Sawyer, project manager
for the petition.
Our recommendation of approval still stands consistent with the
executive summary and the staff report that you received. I'm here to
answer any questions you might have.
CHAIRMAN HENNING: Thank you, Mr. Sawyer. Any
questions by commissioners to staff?
Commissioner Hiller?
COMMISSIONER HILLER: The traffic impact from these
landlocked parcels is not going to adversely affect your projections in
terms of what you anticipate will be coming out of this project? I'm
sure you've given some thought to that.
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MR. SAWYER: Right. The traffic impact statement that we
received is specific to Brandon and the 204 units it has. Because
currently all of those parcels to the east are all currently zoned
agricultural, we don't know what might be proposed in the future.
COMMISSIONER HILLER: So as of right now, based on the
current zoning, you don't see any adverse impact over and above the
study you received?
MR. SAWYER: Correct.
CHAIRMAN HENNING: Okay. Let's go to public speakers.
MR. MILLER: Your first public speaker is Jason Holtz. He'll be
followed by Chris Thornton.
CHAIRMAN HENNING: Please.
MR. HOLTZ: Thank you very much.
As Mr. Yovanovich said, there are seven property owners that are
unified in their desire to provide access to one another. I'm an
attorney. I represent those seven -- those seven property owners. Mr.
Kremani is a real estate broker; does not represent them in this
capacity.
CHAIRMAN HENNING: What is your name again?
MR. HOLTZ: My name is Jason Holtz. The last name is spelled
H-o-l-t-z.
COMMISSIONER HILLER: Are you registered as a lobbyist
with the clerk?
MR. HOLTZ: I am not registered as a lobbyist.
COMMISSIONER HILLER: So you want to make sure you get
that done.
CHAIRMAN HENNING: Are you getting compensated for
being here?
MR. HOLTZ: I am being compensated for being here.
CHAIRMAN HENNING: Okay. Well, you do need to be a
registered lobbyist, and you should be prior to the -- making the
statement. But please go ahead.
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MR. HOLTZ: The statement that I want to make is based upon
the agreements -- I've spoken to Mr. Thornton, I've spoken to Mr.
Yovanovich, based upon the plan that is proposed, the agreements that
have been made concerning providing access to the seven lot owners,
that we have no objection to the plan as proposed.
CHAIRMAN HENNING: Okay. Crystal, they go on the fourth
floor to register as a lobbyist?
MS. KINZEL: Yes.
CHAIRMAN HENNING: One up. Upstairs you can do that.
MR. MILLER: Your final public speaker on this item is Chris
Thornton.
MR. THORNTON: Good afternoon. I'm Chris Thornton with
Goeda, Ademczyk, and Deboes, and I'm with the firm Goeda -- I
represent Centerpoint Community Church of Naples, Inc.
And I'll just confirm with Mr. Yovanovich's statement. The
church was concerned about losing its access. Under the old PUD
plan there was a frontage road that would have provided access to the
church.
Mr. Yovanovich advised us -- and I confirmed with the Army
Corps of Engineers that that road is in an area of wetlands that they
didn't really want to put a road there, and he has agreed -- we've
cooperated together over the past couple of weeks to come up with
written agreements for the one road -- and mine's highlighted. It's the
same exhibit, but the yellow is basically where they're providing
easements for us.
The one through the gate is going to be some shared maintenance
costs. The one at the bottom is -- it might not happen. We have to
unpermit the preserve that's been done there by them through the
Water Management District and the Army Corps. If we can do it,
we'll try. If we can't, we'll have to find another access. But they've
offered both of these alternatives to us, and we do have written
agreements in place.
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So we've withdrawn our objection to the rezoning. Thank you.
CHAIRMAN HENNING: Okay. I'm going to close --
MR. THORNTON: I'll also add, the church is willing to
cooperate, like Brandon did with us, to the seven property owners.
We'll be a good neighbor. We're not in for zoning now. But if and
when our property comes, we'll cooperate like Brandon did with us.
Thanks.
CHAIRMAN HENNING: Thank you, Mr. Thornton.
Close the public hearing. Entertain a motion.
COMMISSIONER HILLER: Motion --
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HILLER: Motion to approve.
CHAIRMAN HENNING: It's your district? I guess I'll
recognize your --
COMMISSIONER HILLER: Thank you. Motion to approve as
presented, including the agreement with respect to access for the seven
parcels, that one parcel next to the lake and as to the church.
CHAIRMAN HENNING: And does that include staffs
recommendations and the Planning Commission's recommendations?
COMMISSIONER HILLER: Yes, yes.
CHAIRMAN HENNING: And the second agrees to that?
COMMISSIONER FIALA: I'll second.
CHAIRMAN HENNING: I just want to say, you know, I've
been looking at this with one of the elders from Grace Bible Church,
and Verona Walk really plays a factor -- Verona Point plays a factor
in that. I'm going to be working with staff along with the elder to
come to resolution on that.
COMMISSIONER HILLER: That's great. Thank you.
CHAIRMAN HENNING: Yeah, they -- within the Verona Point
PUD, it provides access to its neighbor. So we're going to -- we're
going to assure that that is there in the future.
COMMISSIONER HILLER: Thank you.
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April 8, 2014
CHAIRMAN HENNING: Any discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. YOVANOVICH: Thank you.
Item #11A
RESOLUTION 2014-71 : AN INTERLOCAL AGREEMENT,
RESOLUTION AND AIRSPACE AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO
OPERATE A FIRE STATION AT THE MILE MARKER 63 REST
AREA ON ALLIGATOR ALLEY IN COLLIER COUNTY —
ADOPTED W/LANGUAGE CHANGES
MR. OCHS: Commissioners, that moves us back to Item 11,
county manager's report. Item 11A is a recommendation to execute an
interlocal agreement resolution and airspace agreement with the
Florida Department of Transportation to operate a fire station at the
Mile Marker 63 rest area on Alligator Alley in Collier County.
Ms. Len Price will present or respond to questions as the board --
COMMISSIONER HILLER: Motion to --
MR. OCHS: -- prefers.
COMMISSIONER HILLER: -- approve.
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April 8, 2014
CHAIRMAN HENNING: Motion to approve as amended with
the added language provided in our change sheet; is that correct?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Discussion? Commissioner Nance?
COMMISSIONER NANCE: (Shakes head.)
CHAIRMAN HENNING: I know that you had a lot of interest in
this.
COMMISSIONER NANCE: Yes. No; I'm good.
CHAIRMAN HENNING: It's a good-news item.
COMMISSIONER NANCE: It's a good-news items.
COMMISSIONER HILLER: Do you want to speak to it,
Commissioner Henning?
CHAIRMAN HENNING: Well, staff has been working on this,
of course, the county manager, our lobbyist, Keith Arnold, and myself
along with Senator Garrett Richter and FDOT officials, and, you
know, I think it's a good resolution. It provides guarantees for a
number of years until we get to a final resolution, which I'm sure
Commissioner Nance can enjoy that in his reelection.
COMMISSIONER NANCE: Well, thank you, Mr. Chairman.
This is nothing but positive. You know, disasters that occur out in the
wilderness are something that we have to be able to accommodate,
and I think FDOT -- I know everybody's got a lot of work into it, but I
think FDOT has been very accommodating.
I know that everybody hopes, ultimately, we'll receive maybe
some benefits from tolls along the road, although increasing --
increases in tolls are not likely during a gubinatorial election year
because they're not wanting to increase any costs. But I would like to
thank our staff for working steadfastly.
CHAIRMAN HENNING: Absolutely.
COMMISSIONER NANCE: And also Secretary Hattaway for
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being very approachable on this topic. So I can't be more delighted
about it. I know it's going to save lives.
CHAIRMAN HENNING: Yes. So there's a motion and a
second to accept the agreement as amended.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: The motion carries unanimously.
MS. PRICE: Thank you, Commissioners.
CHAIRMAN HENNING: Thank you.
Item #1 1 D
DETERMINE THAT THE PROPOSED ORCHID RUN
APARTMENTS PROJECT DOES NOT SATISFY THE CRITERIA
FOR EXEMPTION TO ALLOW FOR A STORMWATER
DISCHARGE RATE ABOVE THE .15 CUBIC FEET PER
SECOND (CFS) LIMIT EXPRESSED IN POLICY 6.3,
STORMWATER MANAGEMENT SUB-ELEMENT OF THE
GROWTH MANAGEMENT PLAN - MOTION TO CONTINUE
THE ITEM AND STAFF TO WORK WITH PETITIONER TO DO
A REVIEW AND PUT TOGETHER A CONCEPTUAL PLAN,
ADDRESSING ON-SITE RETENTION AND DENSITY AND
THEN BRING BACK TO THE BCC — APPROVED
MR. OCHS: Mr. Chairman, that takes us to 11 -- excuse me --
11 D. This item -- I'm going to ask the county attorney again just to
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confirm this, but as it reads here, that this item also requires ex parte
disclosure and swearing in of participants. It's a recommendation to
determine that the proposed Orchard Run Apartments project does not
satisfy the criteria for exemption to allow a stormwater discharge rate
above the .15 cubic feet per second limit expressed in Policy 6.3 of the
stormwater management sub-element of the Growth Management
Plan.
Mr. Bosi will present on behalf of staff.
CHAIRMAN HENNING: Okay. Anybody wishing to
participate in this item, please rise, raise your right hand to be sworn
in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN HENNING: Ex parte communication,
Commissioner Nance?
COMMISSIONER NANCE: Yes, I have had a meeting with Mr.
Anderson on the third of this month.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I spoke to Mr. Anderson.
CHAIRMAN HENNING: I spoke to staff on this item. I'm
sorry.
Commissioner Fiala?
COMMISSIONER FIALA: I spoke to Bruce Anderson. Also, I
spoke with staff, and I had a few emails.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I spoke with Mr. Anderson and
Chris Wright on April the 7th.
CHAIRMAN HENNING: Okay. Mr. Bosi?
MR. BOSI: Good afternoon, Commission. Mike Bosi, Director
of Planning and Zoning.
Within our Growth Management Plan we have a series of public
facilities elements. One of the public facilities elements is the
stormwater management sub-element.
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A unique criteria to that individual element is there's a specific
limit in terms of stormwater discharge rates for any one individual
project. They have them allocated per basin. And when there's not a
basin identified, if the geographic property locates not within a basin,
there is all other areas, and that limitation is expressed as .15 cubic
feet per second per acre. It means how much stormwater can be
discharged per second from any one given project.
Within those regulations, there is a provision for exemption. The
applicant is seeking exemption from that first provision, and that says,
when a project is part of an existing Southwest Florida Management
District permit which allows discharge rates different than those listed
above.
The applicant has identified the Livingston Road project
discharge rate -- I believe it's 54 feet per cubic second. So it's well
above our expressed limitation of stormwater rate.
At one point in time, 75 feet of the eastern portion of the Orchard
Run property was acquired by the county as part of the Livingston
Road project.
We provided compensation for that taking, but we still
maintained a 25-foot easement upon the property, which was
originally part of the Livingston Woods -- or the Livingston Road
permit project.
The applicant is asking for the board to consider that the Orchard
Run project can be combined with the existing county's district permit
and, therefore, be exempt from the stated discharge rates.
From the staffs perspective, staff reads it, from a clear reading of
the language, they do not possess an existing discharge rate currently.
And staffs opinion would be -- for the board to allow for this project
to move forward with an exemption, the board would have to direct
for the Orchard Run project to be piggybacked or combined with the
existing county district permit.
An important aspect has been raised by the county's attorney's
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office in the sense of that extra capacity that we have within that -- our
existing permit; that's a commodity. And if that is a commodity that
this developer is seeking because it has a bearing financially upon
their project, well, then, we have a public obligation to have -- to open
that commodity up to all bidders.
So even if the board was to -- even if the board was to find that
combining the project was an appropriate action, we would have -- we
would be bound to a competitive bidding process for that additional
capacity that we are providing to this individual project.
As you can see, there's a lot of complications. And from staffs
perspective, we're not aware of any projects that have been allowed to
piggyback upon an existing public district permit for the purpose of
being -- of exempting themselves from a limitation that's contained
within the Growth Management Plan.
That's the overview of the staffs perspective in regards to the
request. And any questions regarding the presentation I'd entertain.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. This is somewhat
confusing, because the first issue is the South Florida Water
Management District has determined that they're able to discharge
more, obviously, without adversely impacting, I suppose, their
neighbors and the tertiary system or the secondary system.
MR. BOSI: I think the Southwest Florida District has determined
that there's extra capacity within the discharge rate of the current -- of
the county's current project, the Livingston Road project, and within
that additional capacity that whatever additional discharge rate that
would be provided by the Orchard Run could be accommodated
within that capacity.
COMMISSIONER HILLER: So, basically, there's no adverse
impact to approving the higher rate? Because, obviously, the reason
why we have the limitation, the .15 cubic feet per second is because
we are concerned that people will, you know -- or developers or
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April 8, 2014
homeowners will run excess stormwater on adjacent properties or into
a system that doesn't have the capacity to hold it.
But South Florida Water Management has said that our system
does have the capacity to absorb the excess, so there is no harm done.
Now, I don't understand why they even need to consider buying
that right-of-way to try to get the number down to the .15 because
that's just -- that's not going to the objective of what we tried to
accomplish with -- by setting a discharge rate. I mean, there's no
reason to go through that manipulation, if you will, to try to massage
numbers.
Because the only thing that I'm -- that I care about is that, you
know, there is no adverse impact caused by the discharge in excess of
the .15 as approved by South Florida Water Management, and you're
telling me there isn't. So I don't even see why we're not approving it.
If the Growth Management Plan allows us to make an exception,
there is no adverse impact, and South Florida Water Management says
that we have the excess capacity to be able to absorb this, why
wouldn't we do it? Because you don't accomplish anything by
merging the two properties. That doesn't solve any issue.
MR. BOSI: I don't think it was the merging of the property. It's
allowing --
COMMISSIONER HILLER: For purposes of calculating --
MR. BOSI: -- this project to be included within the district
permit that the county possesses.
COMMISSIONER HILLER: Well, I mean, they should -- they
should go for their own permit and get approved on their own at the
rate approved by the South Florida Water Management, provided
there's no adverse impact.
MR. BOSI: And the problem with that approach would be is if
they are over the .15 that's expressed, the limit that's expressed within
our Growth Management Plan, we couldn't approve that project.
COMMISSIONER HILLER: But you can if you say that the
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April 8, 2014
Growth Management Plan provides for us, by exception, to approve a
deviation.
MR. BOSI: It says only for an -- you qualify for an exemption if
you possess an existing permit that discharges at a rate above what's
expressed in the GMP.
COMMISSIONER HILLER: Well -- so they're going to go get
that permit that allows them to discharge, and then we have the right
to approve that higher rate by exception.
MR. BOSI: Well, I guess -- if they were to go and petition the
district for a discharge rate above the -- and be granted that, they
would be in possession of that, and then you could find it within -- if
you felt it was appropriate, you could find it to say this permit
qualifies above the GMP stated level.
COMMISSIONER HILLER: Because the GMP provides that
mechanism for us to approve that.
MR. BOSI: It does provide that mechanism.
COMMISSIONER HILLER: So there's no reason. So the
petitioner should go get a permit from South Florida Water
Management and come back, and as long as we have assurances from
South Florida Water Management that we have the capacity to absorb
what they're providing, we could make the exception.
I don't understand why they can't come up with some sort of
on-site retention plan to, you know, absorb more. I mean, obviously
you want to maximize, you know, how much every site keeps on site
in terms of water retention. I mean, that's the best water management
that we can strive for. So can you answer that question?
MR. BOSI: I'm not a stormwater management design engineer.
I can only -- and I would have to defer to them, but I -- from my
conversations with the county manager -- the county engineer, is the
more they're allowed to -- the higher their discharge rate would mean
the less land area and the less expense that would have to go to the
construction of their on-site management retention facility.
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April 8, 2014
COMMISSIONER HILLER: So really what their objective is is
to minimize their -- the retention, the on-site retention requirements
that would achieve the lower discharge?
MR. BOSI: And I wouldn't -- I can't speak for them, but that's
what we have made the determination. That's the end result.
COMMISSIONER HILLER: So that has to be the end result. I
mean, because obviously -- but, again, you know, we don't want to be
-- I mean, we want to be -- we want to have on-site retention to the
maximum amount possible.
What I want to know is what is the difference in cost to them to
put that on-site retention to achieve the .15 cubic feet per second? I'd
like them to answer that.
CHAIRMAN HENNING: Mr. Anderson?
MR. ANDERSON: Thank you, Mr. Chairman.
Commissioners, for the record, my name is Bruce Anderson from
the Roetzel and Andress law firm on behalf of P.A.C. Land
Development.
I don't know for certain how much it would save. What we're
asking to do is the opportunity to engage in a public/private
partnership with the county.
COMMISSIONER HILLER: But this isn't really about a
public/private partnership. This has nothing to do with it. Because,
again, you know, adding the county's right-of-way to massage
numbers doesn't achieve the objective that we need to achieve, which
is, you know, to ensure that we -- you maximize on-site retention of
storm -- excess stormwater runoff.
MR. ANDERSON: Well, the reason I mention public/private
partnership is because there have been separate discussions with the
county utilities division regarding their desire to dig a larger ditch to
put in a larger sewer force main on the client's property and also to
relocate a sewage lift station easement on the client's property.
So we were going to try to treat all of these things together --
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April 8, 2014
COMMISSIONER HILLER: And you would be compensated
for that.
MR. ANDERSON: What?
COMMISSIONER HILLER: You would be compensated for
what utilities wants to do.
MR. ANDERSON: Or if we come to a developer contribution
agreement, I'm not sure how it would come out in the wash. The
county might be the one receiving a payment.
COMMISSIONER HILLER: So that's another angle to this that
we need to hear from utilities.
MR. ANDERSON: If I could, since I'm up here, go ahead and --
CHAIRMAN HENNING: Yeah, please, Mr. --
MR. ANDERSON: Thank you.
This is an aerial of the subject property. It's right here.
MR. OCHS: Use the hand-held.
MR. ANDERSON: And you may remember this property from
years past. The county got to use this property free of charge to store
hurricane horticultural debris. So I would ask you to factor that in as
you consider whether to do this or not.
One of the basis for the county to grant itself this exemption from
its own discharge rate was the fact that it would not have an undue
hardship on abutting property owners.
And I'd just like to point out that of all the properties here at this
intersection, my client's is the only one that is not part of the county's
Water Management District Permit. This is included. This is
included.
COMMISSIONER HILLER: What are those properties?
CHAIRMAN HENNING: That's the FP&L substation. The one
to the east is Golden Gate Estates.
COMMISSIONER HILLER: I just can't read the --
MR. ANDERSON: Single-family homes.
COMMISSIONER HILLER: That's so much better.
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MR. ANDERSON: And at present, the county does have 25-foot
drainage and utility easement on my client's property. It runs the
entire length of the property. It does taper down as it gets to the
Golden Gate Canal.
What we're asking specifically you to do is to grant an exemption
by virtue of allowing us to come under your existing Water
Management District permit.
Now, staff does agree that there's nothing in the Comprehensive
Plan or the county ordinances that would prohibit that. The county
has the unused capacity, and my client is willing to pay its fair share.
And as far as the county not having done anything like this
before, well, number one, we see here already at this specific location
that they've allowed others to, you know, discharge into this pond and
be included in the county's permit, and I'd also point out that the
county regularly shares water management systems with private
developments.
It's often done where the development accepts the drainage from
the county's right-of-way. The only difference in this case is the water
is flowing the other way.
And I would respectfully submit that being business friendly
starts at the ground level with a small infill project like this, and that
instead of asking, why should the county help, maybe we ought to be
asking, how can the county help? And granting this exemption --
COMMISSIONER HILLER: I just want you to know, Bruce
said that to me, and I said he needs to run for federal office, because
he sounded just like, you know, Kennedy, ask not what I can -- what
your government can do for you but what can you do for your -- you
know, or what -- ask not what you can do for -- ask not what your
country --
CHAIRMAN HENNING: Are you sure?
COMMISSIONER HILLER: No. I can't say it anymore. You
know what I'm talking about.
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MR. ANDERSON: We would respectfully request that you
grant us a conditional exemption here today so that we could come
back and negotiate the terms of the Developer Contribution
Agreement, and at that time you can decide, boy, we like the terms,
there's something in here for both of us, everybody's saving some
money, or you can say, no, we're not approving the agreement nor are
we approving your exemption.
CHAIRMAN HENNING: I need to hear from staff whether
there is capacity within that stormwater system.
MR. ANDERSON: Thank you.
CHAIRMAN HENNING: And if so, are we reserving it for our
future use?
MR. CASALANGUIDA: Commissioner, I can't answer that
because I don't have a design that would tell you that. In talking to
Reed Jarvi, our Planning Manager, and Jay Ahmad, our Director of
Construction, we've identified that, obviously, Livingston Road at this
location backs up all the way to the airport overpass in p.m. peak hour.
At some point in time, we're going to have to do something, is
what they've told me. It will amend the LRTP, amend the
transportation plan, do some sort of improvements. They were
hesitant and reluctant; both of them spoke to me and said they'd give
up any capacity that's available until we could define what that need
might be in the future.
CHAIRMAN HENNING: Until we could define?
MR. CASALANGUIDA: That's right, sir.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: So to -- I think your question is a
very important one, Commissioner Henning, because basically we're
contemplating the possibility of using that excess capacity ourselves
down the road, as I understand.
MR. CASALANGUIDA: Based on what we're seeing now in
traffic, yes, ma'am.
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COMMISSIONER HILLER: So it goes back to, you know, the
on-site retention. If we -- even though they perceive that we currently
have excess capacity, if it's our intent to use that excess capacity based
on, you know, the future projections, then we can't enter into an
agreement even if it would seem to make sense at this point in time to
do so because the capacity exists. It's a reserve, if you will.
MR. CASALANGUIDA: If you will.
COMMISSIONER HILLER: Okay. So then it goes back to
them carrying their own permit and doing the necessary on-site
retention to meet the requirements of the code -- I'm sorry -- of the
Growth Management Plan.
CHAIRMAN HENNING: Well, I think what I heard from Nick
is they need to -- they need to look at -- see if whatever capacity is
there is going to be needed in the future.
COMMISSIONER HILLER: Yeah.
CHAIRMAN HENNING: He doesn't know that.
COMMISSIONER HILLER: You don't know that.
CHAIRMAN HENNING: So if there's any direction, it should
be to --
COMMISSIONER HILLER: Bring this back.
CHAIRMAN HENNING: -- for staff to bring it back if there is
going to be excess capacity within that stormwater system after an
assessment of our future needs.
COMMISSIONER HILLER: Absolutely true. So, I mean, if
you don't know, Nick -- if-- I misunderstood. I thought you knew that
we needed that based on --
MR. CASALANGUIDA: No, ma'am. I don't have a design.
And I'll tell you -- I said it to a couple of commissioners. I would love
to divest myself of maintenance responsibility -- I should say the
board -- of a pond like this, because one of the concepts was, okay,
you want to use it for stormwater, then you take care of it, and that
would come off our long term. And he's nodding his head probably
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yes, and we've discussed that.
But what they're telling me is, you know, to do some sort of
conceptual design now would take quite a bit to do it, and we've done
it at several intersections that -- there's some emails floating around
now about future overpasses.
But if the board asked me to get with transportation planning
staff and do a review of what may be needed in the future, we can
certainly do that on a conceptual basis.
CHAIRMAN HENNING: That should be the direction.
COMMISSIONER HILLER: I agree with that. And, you know,
the other thing I would like to know when this comes back is how
does this affect what they are going to do on this site both in terms of
savings with respect to the mitigation, the on-site retention, and also
what that means in terms of density because, obviously, they're going
to be -- or they are proposing to cover more impervious surface than
we would be expecting at .15 cubic feet per second.
MR. CASALANGUIDA: So we're clear, you're asking the
developer to provide us an example of what it would take if he had to
go under existing conditions?
COMMISSIONER HILLER: Right. Like what this --
MR. CASALANGUIDA: Very good.
COMMISSIONER HILLER: What does this really mean?
MR. CASALANGUIDA: Right. What would he say?
COMMISSIONER HILLER: You know, what does this mean in
terms of the on-site retention improvements that -- or, you know,
improvements related to on-site retention and what this means to
density if we actually allow them to have the higher discharge rate?
MR. CASALANGUIDA: So they would give us a delta and
those costs, both fill, site use, and things like that so the board --
COMMISSIONER HILLER: Right. And also what that means
in terms of density there, like actual -- the -- not just cost, but also the
physical construction.
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MR. CASALANGUIDA: Sure.
COMMISSIONER HILLER: Because that's what it's all about. I
mean, they're obviously covering more surface. And as a result,
they're going to have a higher discharge rate. They're going to be
absorbing less, sifting more off, and if they wanted to do -- if they
wanted to build at that higher density, then they would have to create
some sort of retention plan to keep that excess stormwater on their
property rather than discharge it into the public system.
CHAIRMAN HENNING: Commissioner Fiala?
MR. CASALANGUIDA: Surface area and height. So they could
look at that and give us --
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER HILLER: Right. Let's get all the facts. And
then the last fact that we need is how this ties into what public utilities
wants to do with whatever improvements they want to put on that site
or use that site for and how that compensation is going to come
forward.
I think we have a lot of missing facts here.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Well, interesting; you were reading
my mind. I was going to ask the same thing as far as public utilities
and if there was -- excuse me -- if there would be an agreement that
would save us money in the end which would make this worthwhile,
and also somebody mentioned here -- and I saw Commissioner Nance
point with a big smile on his face about maintaining this area. Is that
what I heard you say?
COMMISSIONER NANCE: Mr. Anderson is a very skilled
pond maintenance technician.
COMMISSIONER HILLER: We'll pay him as much as we pay
staff at Conservation Collier.
MR. CASALANGUIDA: I've discussed this with the county
manager. And when you're acquiring property, you're making claims
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in terms of public need. So the last thing we want to do is set a
precedence that we're buying property and then later a private entity
come in and take advantage of a condemnation or something like that.
But I think once we've made that claim and if there was
additional capacity that we gained, if there was an opportunity to
relieve ourselves of some maintenance burden, we would certainly
look at that. We're not naive to that.
I mentioned that to, I think, Mr. Anderson when we first met. I'd
like to evaluate what our need is, and then if turns out we can give that
up, what would you do in return is maybe maintain that pond, which
means long term. As you've seen, even with that Conservation Collier
program, what we pay for it versus what it costs us over 50 years to
maintain it can be quite significant. And ponds are not cheap.
So I'm happy to do that analysis, but I can tell you there's nothing
in our LRTP. It will be some concept plans, and we'll come back to
the board.
COMMISSIONER HILLER: But also, that goes to the issue of,
like I said --
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER HILLER: -- back to density.
• COMMISSIONER NANCE: Yes. Nick, you know, I don't think
anybody on the board expects you to go out to three decimal places.
MR. CASALANGUIDA: Sure.
COMMISSIONER NANCE: But if you could just give us a
swag and make sure that it fits and makes sense. And if it does, we'll,
you know --
MR. CASALANGUIDA: We'll do that.
COMMISSIONER NANCE: Take your opportunity to look into
it.
MR. CASALANGUIDA: Sure. Will do.
CHAIRMAN HENNING: Commissioner Hiller.
COMMISSIONER HILLER: Yeah. My concern -- I just want
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to make sure -- and I want to clarify a point.
The reason I'm looking at the question of density is by doing this
I don't want us to be in a position where we necessarily have to
approve a higher density because we approve this. I mean, it's not
necessarily that we're going to approve a higher density if we, you
know, allow for this excess discharge, because they've got --
Nick, have you seen what's being proposed here? Do you know
what we're talking about?
MR. CASALANGUIDA: Yeah, it's a site -- I've seen -- roughly
seen the site, but Mr. Anderson was just asking if he could continue
with the site plan while at his risk.
COMMISSIONER HILLER: Yeah. I think we really need to
continue this, because, again, you know, density is driving this
discharge.
MR. CASALANGUIDA: Cost. Obviously --
COMMISSIONER HILLER: Well, you've got a bunch of things.
You've got density, cost.
MR. CASALANGUIDA: To get more storage, they've got to go
vertical, higher with their fill, which means more cost. So, obviously,
by, you know, allowing our discharge rate, they can drop the site
costs, and that --
COMMISSIONER HILLER: So it's about the site.
MR. CASALANGUIDA: It's about the site development and
potentially how much usable land they could have. And I'd have to
get into site plan review.
COMMISSIONER HILLER: It goes back to the density.
COMMISSIONER FIALA: That's a good point.
CHAIRMAN HENNING: Any other public speakers?
MR. MILLER: Mr. Anderson and Chris Wright.
CHAIRMAN HENNING: Mr. Wright?
MR. ANDERSON: Nick briefly mentioned about us proceeding
at our own risk through the site planning process, and I just wanted to
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confirm that that's something that we could do if we wanted to while
they look at the issue.
COMMISSIONER HILLER: So I make a motion that we
continue this and let staff work with the petitioner to come back with
all the information that we've brought out here today that we need to
have in order to make that fair decision.
CHAIRMAN HENNING: Well, wouldn't the proper direction be
if the county has available storage considering our future is to allow
Mr. Anderson to bring back a DCA, a development -- no, a
development --
COMMISSIONER HILLER: No --
CHAIRMAN HENNING: -- agreement?
COMMISSIONER HILLER: -- because I think we need all the
information. I don't think that that's sufficient, because we have to
contemplate what's going to go on with public utilities and how they
want to use the site. We have to look at the density question, because
I don't want to be forced to, because we've accepted this higher
discharge rate, necessarily be committed to accepting a higher density.
CHAIRMAN HENNING: Well, they already have their zoning,
okay, so --
COMMISSIONER HILLER: What is the zoning?
CHAIRMAN HENNING: -- whatever their zoning allows --
COMMISSIONER HILLER: Yeah, but it's -- they're coming in
for a PUD, right?
CHAIRMAN HENNING: No.
MR. ANDERSON: No; no, ma'am.
CHAIRMAN HENNING: Site plan.
MR. ANDERSON: This is part of the Grey Oaks PUD.
COMMISSIONER HILLER: Oh, okay.
CHAIRMAN HENNING: Site plan. Just like the mobile home
people need to do.
COMMISSIONER HILLER: I misunderstood. I thought you
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were coming in for -- okay.
CHAIRMAN HENNING: So it would have to be some kind of
an agreement if they have some stormwater; otherwise, the rest of that
is ministerial.
COMMISSIONER HILLER: Well, no. I think we should get all
the facts. I mean, they can come back with a proposal if they want.
We don't have to direct them to do that. They can come back with an
offer.
CHAIRMAN HENNING: So what do you want them --
COMMISSIONER HILLER: For staff and the petitioner to get
all the answers to the questions we have and then bring it back with
whatever proposal they want to come up with.
CHAIRMAN HENNING: What is your question? What is the
question then?
COMMISSIONER HILLER: What do you mean what is the
question?
CHAIRMAN HENNING: Well, you know, the site selection for,
like, a sewer lift station is a ministerial issue. Now you're asking to
bring that back.
COMMISSIONER HILLER: Well, because -- I mean, if he
wants -- if Dr. George wants to put some sort of a -- whatever he
wants to put on that site, I mean, there's a question of compensation. I
mean, he can't just take their land and use it as he wants. I mean, he
has to --
CHAIRMAN HENNING: Well, I know that; however --
COMMISSIONER HILLER: I mean, it all -- everything -- I
mean, how is that going to affect what they're going to put on the
land?
CHAIRMAN HENNING: But that's more of a day-to-day --
COMMISSIONER HILLER: I mean, it's pretty straightforward.
CHAIRMAN HENNING: -- day-to-day thing, so that's all I'm
saying.
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COMMISSIONER HILLER: No. I mean, we have a whole
bunch of issues all wrapped up into this.
CHAIRMAN HENNING: I'm not going to get into site
improvement plan approvals by the Board of Commissioners.
MR. ANDERSON: We're certainly not asking that, sir.
COMMISSIONER HILLER: No.
CHAIRMAN HENNING: Yeah. Okay.
COMMISSIONER HILLER: And that's not what we're doing
here.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER FIALA: Yes, I'll second it.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Mr. Nance?
COMMISSIONER NANCE: I'm done.
CHAIRMAN HENNING: Discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
MR. ANDERSON: Thank you very much.
CHAIRMAN HENNING: Are we done?
COMMISSIONER HILLER: Oh, my goodness.
Item #15
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STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Just about, sir; yes, sir.
We're on to staff, commission, and general communications.
CHAIRMAN HENNING: What do you have for us?
MR. OCHS: Just two quick items, Mr. Chairman. The first one
is that I was contacted by email by Chief Bloom on behalf of the
sheriff yesterday, and I also received a call from the sheriff last
evening asking me to ask the board if they would allow the sheriff to
have access to your video camera footage from your intersection
cameras to assist them in their investigation of this recent rash of
terrible break-ins, and so --
COMMISSIONER HILLER: I don't see that we could deny it. I
think it's a public record, and I think he should have it.
COMMISSIONER FIALA: We would love that.
COMMISSIONER HILLER: Isn't it?
MR. KLATZKOW: The issue is that I think the sheriff wants us
to record it for him.
CHAIRMAN HENNING: No, he wants to record it.
MR. KLATZKOW: I think that's your issue.
COMMISSIONER HILLER: What's the issue?
MR. OCHS: He would like us to record it at least as a temporary
measure until we can develop a looping system, which we don't have
right now. Our video is just a streaming video. We don't loop it. Nick
can provide a little --
COMMISSIONER HILLER: If you start recording it, then it
becomes a public record.
MR. CASALANGUIDA: Ma'am, in a perfect world, we're just
going to run him the live feed; he'll record. I think our goal is to stay
out of the business of recording as Collier County.
COMMISSIONER HILLER: Oh, I see.
MR. CASALANGUIDA: What I'd like to do is -- and IT is
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working it from Len's shop to give live feeds to all the cameras. That
would go into his shop. He would then record, and we would not.
He can't do that right away. We're looking at time frame delays.
He'd like something in the interim. And I think we're going to come
back in the next couple of days with something only with a cost of an
interim solution; we could record short term.
So I think the county manager and myself are asking if you have
any objection to us doing that.
COMMISSIONER HILLER: Is there any -- there's no legal
prohibition, is there?
MR. CASALANGUIDA: No.
CHAIRMAN HENNING: I think the board ought to know what
the information's going to be used for. If it's to -- if it's to fight, you
know, crime, and not red-light turns, I think that we ought to know
what he's going to be using it for. So that should be the request of the
sheriff.
COMMISSIONER HILLER: Well, he's indicated -- he's
indicated that he wants to use --
MR. OCHS: Commissioners, let me put this email up from Chief
Bloom. Maybe that will provide a little more specificity. He was
fairly specific in his request.
CHAIRMAN HENNING: Yeah. I'm okay if he's going to be
using it for home invasions.
MR. OCHS: That's the nature of the request, Mr. Chairman.
COMMISSIONER NANCE: Mr. Chairman, I would be very
comfortable if we would record this for a finite period of time and not
on a continuous basis. I would say that we shouldn't maintain these
recordings in perpetuity. We should let them go for a certain amount
of time that the law enforcement agent might indicate as functional for
him. It might give the public more comfort.
CHAIRMAN HENNING: Yeah. The problem is that some
people get that false comfort, and that's how they become victims.
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COMMISSIONER NANCE: Well, that's not what I meant, sir. I
meant about surveillance as a practice in the county pending, you
know, what the other commissioners would think.
CHAIRMAN HENNING: Sure.
COMMISSIONER FIALA: Commissioner Coyle was first.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: How long do we keep the
recordings we have now?
MR. CASALANGUIDA: We have no recordings.
MR. OCHS: We don't record, sir, right now.
MR. CASALANGUIDA: We're streaming video. We don't
record at all.
COMMISSIONER COYLE: Okay. So there's -- you haven't
saved any of those at all?
MR. CASALANGUIDA: No, sir.
COMMISSIONER COYLE: Nothing has been saved?
MR. OCHS: Just a live stream of video that we can access.
COMMISSIONER COYLE: Well, let me explain why it would
be good if we were to do that, because they could go back to the
evenings when these home invasions occurred and look at the
intersections around that area at about that time to see if they could
identify a car or individuals in a car. If we don't -- I can understand if
you're giving the sheriff a live feed, but if he doesn't record it and save
it for the next home invasion, it's not going to do him much good. So
whatever you do, I think you have to have some way of saving these
things for some period of time.
Now, certainly, we'll know about a home invasion within a week
after it occurs, so you don't have to save it for months or years. But I
think it's a really good idea to archive some of these things for a short
period of time to aid in crime prevention and arresting.
COMMISSIONER HILLER: Well, unless you need it as
evidence, in which case you need it for a longer period of time.
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COMMISSIONER COYLE: Well, once we turn it over to the
sheriff--
COMMISSIONER HILLER: Then he keeps it.
COMMISSIONER COYLE: -- if he says, hey, give me your
recordings for these intersections last Tuesday evening --
COMMISSIONER NANCE: That's evidence.
COMMISSIONER COYLE: -- then he's got them. He saves
them for evidence if he finds someone he can charge with a crime.
MR. KLATZKOW: Commissioners, I don't know that you want
to be in this business long term --
MR. CASALANGUIDA: Yeah, I was just going to go there.
MR. KLATZKOW: -- because it's going to be more than the
sheriff asking for these things. It's going to be car accidents, so you'll
have people asking for that. I mean --
CHAIRMAN HENNING: Morgan and Morgan.
MR. KLATZKOW: For a short period of time to help the sheriff
out, my understanding is we have the hardware to do this. When the
sheriff gets the hardware to do this, we can feed them the streaming
videos, then he can do with them what he wants.
MR. OCHS: Yeah, he can record them once we --
COMMISSIONER COYLE: Yeah. How quickly can you do
that?
MR. CASALANGUIDA: Well, I think, sir, that's what we're
working on right now. We started on this project Friday afternoon and
hopefully within a couple days we can get something back to him in
terms of cost and implementation. Probably within 45 days we can
get all the streams going to him.
COMMISSIONER COYLE: Forty-five days. That means
another five or six homes.
MR. CASALANGUIDA: Sir, I think less than that for us to give
him a temporary fix, and that's the blessing we're asking for today
under communication. I think within days we can give him some
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recording capabilities, but long term, I think the direction is to just
give him the stream and let him record.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, two things. First of all -- and I
don't want to know where they're going to be, but how many locations
do you feel that we're going to need to put this -- these things in place
for?
COMMISSIONER HILLER: All over.
MR. CASALANGUIDA: Ma'am, we'd have all our systems --
we get approximately 96 feeds. I think our goal right now is to
provide him a 24/36-hour recording of all the 96 feeds in the short
term, and then over the next 30 to 45 days, with the board's blessing,
he would get the live feeds, and he would record them for whatever
the public record's law requires him to keep that information for. And
I think there are some statutory timelines in terms of information.
So -- but then that would become his responsibility. The county
would not have any recordings on our premises.
COMMISSIONER HILLER: I think approving --
COMMISSIONER FIALA: The second --
COMMISSIONER HILLER: Yeah, sorry.
COMMISSIONER FIALA: -- thing is, I really want to commend
the sheriff on taking this initiative to try and stop this horrendous
crime spree that is unusual for our county. And I'm so happy that he's
found a way that he can try and tackle it and bring it to an end, and I'm
glad that he asked us to participate.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I think we ought to support it, and
I'll make a motion to do so.
I think just taking these steps alone could very well be a deterrent
to these robbers from continuing their activity.
CHAIRMAN HENNING: There's a motion by --
COMMISSIONER FIALA: Second.
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CHAIRMAN HENNING: -- Commissioner Hiller to grant the
request of the Sheriffs Department, seconded by Commissioner Fiala.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
MR. OCHS: Thank you, Commissioners.
My final thing, Mr. Chairman, again, is just to, as we do from
time to time, confirm your upcoming workshop schedule.
We have the CRA advisory boards coming in for a workshop on
May 6th. The chair had received letter from the City of Marco Island
requesting a workshop here in your chambers that's set for June 3rd,
and then we're tentatively set for the Public Safety Authority
workshop that you directed the board to set up for July 1st, unless the
board wishes to make any changes at this point.
CHAIRMAN HENNING: Okay.
MR. OCHS: That's all I have, sir. Thank you.
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Nothing.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: (No response.)
CHAIRMAN HENNING: Nothing from me.
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Commissioner Hiller, nothing?
COMMISSIONER HILLER: No, no, no. I have two things.
CHAIRMAN HENNING: Oh, I'm sorry.
COMMISSIONER HILLER: The first thing is going back to this
issue. I don't know that we actually want to create a mechanism
where we record.
If the sheriff is recording off the live feed, the rules with respect
to that kind of evidence as far as being a public record goes, is
different, isn't it?
MR. KLATZKOW: I'm not sure I'm following you.
COMMISSIONER HILLER: In other words, if he records the
live stream himself as opposed to us recording it and giving it to him,
he's basically creating the evidence. It's not --
MR. KLATZKOW: He's now the custodian of the record.
COMMISSIONER HILLER: I'm sorry?
MR. KLATZKOW: He's now the custodian of the record.
COMMISSIONER HILLER: Well, I understand that, but, still,
the rules governing how those records are treated, if they are, you
know, evidence for a crime, is different than if we're just recording it
as part of our everyday business.
MR. KLATZKOW: We don't record it.
COMMISSIONER HILLER: But we're proposing that we will
be recording it.
MR. OCHS: On a temporary basis.
MR. KLATZKOW: On a very temporary basis.
COMMISSIONER HILLER: But, again, if he's the one that
records it from a live stream -- because if we record it and give
something to him, it's a public record, then he uses it for his criminal
investigations as -- and it's potentially evidence or, basically, protected
as part of the criminal investigation.
What I'm saying is he should just continue, you know, recording
off the live stream rather than us record and give to him. But I don't
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know enough about that --
MR. KLATZKOW: But my understanding is that he doesn't
have the resources at this moment to record; we do. While he's
obtaining the resources, we will record and give it to him. But as soon
as he has the resources and the ability, it's him.
COMMISSIONER HILLER: Okay. So he is going to do what I
suggest, which is take over recording off the live stream himself, and
we will not be involved in it?
MR. KLATZKOW: That is my understanding.
COMMISSIONER HILLER: Okay. Then that falls in line with
my understanding --
MR. KLATZKOW: Okay.
COMMISSIONER HILLER: -- of the public records laws.
COMMISSIONER NANCE: Evidentiary.
COMMISSIONER HILLER: It becomes evidence and is treated
differently than if we're recording it.
CHAIRMAN HENNING: What else do you have?
COMMISSIONER HILLER: Oh.
(Singing Happy Birthday to Commissioner Fiala.)
(Applause.)
COMMISSIONER FIALA: Everybody has to have this cake
with me.
COMMISSIONER HILLER: Make a wish. It's so springy.
Happy Birthday.
COMMISSIONER FIALA: She knew it would burn the place
down, so she just put one candle.
COMMISSIONER HILLER: Well, Happy Birthday,
Commissioner Fiala.
COMMISSIONER COYLE: I have a question, based upon what
Commissioner Hiller said.
COMMISSIONER HILLER: Well, wait. We're in the middle of
a party right now.
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April 8, 2014
COMMISSIONER COYLE: Well, no, I'm going to -- yeah.
CHAIRMAN HENNING: We're doing county business.
COMMISSIONER COYLE: Yeah, we're doing county business.
COMMISSIONER HILLER: Yes, sir.
CHAIRMAN HENNING: So just get over it.
COMMISSIONER HILLER: Sir, yes, sir.
COMMISSIONER COYLE: That's right.
Forget all this frivolity stuff. We're not here to have fun.
COMMISSIONER HILLER: Yes, absolutely. We are not here
to be happy. You're right.
COMMISSIONER COYLE: No. I just have a quick question
about this. There was a very serious accident involving a lady on a
bicycle. The truck hit her and apparently dragged her for some
distance.
COMMISSIONER HILLER: That's Vanderbilt.
COMMISSIONER COYLE: And there were different
allegations as to what happened, but either the sheriff or the state
police obtained a video of that accident. How did they get that?
COMMISSIONER HILLER: Was it probably a bystander
video?
COMMISSIONER COYLE: No, no, no. This was --
COMMISSIONER HILLER: It was a camera?
COMMISSIONER COYLE: I think it was a camera. How did
they get that? Do we know? I'm just curious.
MR. KLATZKOW: I think it was our feed, if I remember right.
COMMISSIONER COYLE: But if we're not keeping it, how did
we have that available?
MR. KLATZKOW: I think back then with the red light program
we were keeping like 30-second blips or one-minute blips.
COMMISSIONER COYLE: Oh, really, okay. All right. I just
wanted to know.
COMMISSIONER HILLER: That's a valid question.
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COMMISSIONER COYLE: Because we did have it. We did
have that feed.
COMMISSIONER HILLER: I do have something to say beyond
Happy Birthday to Commissioner Fiala.
Can I say something more?
CHAIRMAN HENNING: Sure.
COMMISSIONER HILLER: All right. We have two major
holidays coming up, right; we have Passover and we have Easter. So I
want to wish everybody the best over these lovely spring holidays
with their families, and your cake reflects the spirit of the season, very
pretty with all the flowers.
And I remember going back to Valentine's Day, when I was
talking about Valentine's Day and making sure that everyone
remembered, a guy actually had the nerve to ask me whether or not
Valentine's Day was like Easter and changed every year by day. Just
kidding. Okay. I tried. I tried.
So I don't think I have anything else.
CHAIRMAN HENNING: Commissioner Nance, how are you?
COMMISSIONER NANCE: I've got two things. I've got one sad
thing and one happy thing. I'll start with the sad thing so we can get it
over with.
I just at the last break received information that's been pop --
made public that Mr. Jim Reif, the weatherman, had passed away due
to his extensive injuries in a bicycle accident that happened on Ben
Hill Griffin Parkway on Sunday. Not only was Jim a public figure
because he was on the weather with us every day, but he was just a
gentleman. I feel very hurt by this. I worked with him many, many
hours.
When he worked in the private sector as a consultant -- he was a
consultant to agribusiness, and he gave us a lot of really, really
important and valuable information and put himself out there.
He actually had a lot to do with readiness up north of us when
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Hurricane Charley hit, because he was one of the professional weather
prognosticators that called for that turn right up in Charlotte Harbor,
and I think a lot of people probably made last-minute preparations that
saved a lot of property, or perhaps even some lives.
So I just want to share that with you. It's very, very sad, and just
another example on how we really have to do better on our pathways
so we don't have these tragic bicycle accidents. They're just awful.
COMMISSIONER HILLER: And it's so fitting that we named
the pathway on -- this morning as Memorial --
COMMISSIONER NANCE: On a positive note, I'm going to
share a little handout with each of the commissioners and just tell you
about an opportunity that happened.
This gentleman contacted me the other day -- his name is Mr.
Smith -- and he came into the county suggesting that the family of
Local Artist George Rogers and some other benefactors were going to
-- would like to approach the county about a proposal to donate this
artist's historic art studio together with artworks and artifacts and also
some additional donations of money to support scholarship in our
community to the Board of County Commissioners.
And without going into it a long way, he would like to donate
this facility and move it to the Collier County Museum at no cost to
the county. They apparently have the people lined up to donate all the
funding and to accomplish this.
So without really knowing what is entailed, I just thought I'd
bring it before the board to see if the board would allow Mr. Ochs and
staff and Mr. Jamro from the museum to talk to the gentlemen about
their proposal and see if it has any merit or if it's anything that our
museum system is interested in. But it apparently is backed by some
philanthropists of considerable horsepower.
So it's something for everybody to consider. But I do believe that
there is some urgency with this, because I think they want to relocate
this historic art gallery because the property is either in the process of
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being sold or will be sold shortly.
So there is -- there's a need to allow staff to do so promptly if the
board cares to do that.
COMMISSIONER FIALA: Well, if I might comment,
Commissioner Nance.
COMMISSIONER COYLE: Does it cost the $52,000 here --
who's going to pay that money?
COMMISSIONER FIALA: They've already got it.
COMMISSIONER NANCE: This gentleman said they have
funding to pay for everything in its entirety, Commissioner, and also
to fund a scholarship.
He just threw some numbers out to me, and the staff would have
to verify, but he said they would be willing to give $4,000 a year for
the next 10 years to students in concert with the Naples Art
Association.
It was -- it was a proposal that has a lot of detail in it that needs to
be looked at by something other than myself.
COMMISSIONER HILLER: Well, just give it to staff to look at.
Is this the building?
COMMISSIONER NANCE: That's the building.
COMMISSIONER HILLER: That's what they want to donate?
COMMISSIONER NANCE: Yes.
COMMISSIONER FIALA: You know --
CHAIRMAN HENNING: Including the property?
COMMISSIONER FIALA: -- I think this is a good idea for us to
-- especially if there's some time limitations to this. You know, I'll
never forget what they tore down the painted house. Nobody ever
asked, nobody wanted to donate, nobody ever supported or threw in
some funds, and it's gone forever. And I hate to see historical pieces
passed by. And as long as we have a place for it -- you probably have
determined that -- and as long as they're going to fund it, I don't see
why we shouldn't move forward with it.
Page 156
April 8, 2014
COMMISSIONER NANCE: Yeah. Commissioners, I'm not
endorsing this. I'm not passing judgment on it in any way. I asked for
these copies so you, individually, could look at them, and I'm just
suggesting that if you think if it has any merit whatsoever, that we
should allow staff to get back to Mr. Smith and really find out if this
has merit and has benefit to Collier County and its citizens.
I'm not --
CHAIRMAN HENNING: Where are we going to put it?
COMMISSIONER NANCE: Sir?
CHAIRMAN HENNING: Where are we going to put that?
COMMISSIONER NANCE: I have no idea, sir.
COMMISSIONER HILLER: Yeah. I don't know. Let Leo --
why don't you take a look at it and -- I mean, if you think --
MR. OCHS: I'd be happy to.
COMMISSIONER HILLER: If you think it's worth bringing
back, then bring it back. And if you don't, just don't bring it back.
CHAIRMAN HENNING: Yeah. Items like this really should go
to staff first before it comes to the Board of Commissioners for their
evaluation.
COMMISSIONER HILLER: Because it's too --
COMMISSIONER NANCE: I wasn't going to recommend that,
sir, without the board knowing that -- you know, I wasn't going to do
that. I'm just bringing it the board to see if there's enough nods to let
Mr. Ochs take a look at it if you think it's appropriate.
COMMISSIONER HILLER: Do you want to take a look at it?
MR. OCHS: Yes, ma'am. We'd be happy to do that.
CHAIRMAN HENNING: Yeah. Donations are -- has to be
accepted by the board --
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: -- eventually, but that's something
that should come back in the future if-- you know, if we have a place
for it. Maybe Robert's Ranch or something.
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April 8, 2014
COMMISSIONER HILLER: Or if we want it. You know,
there's no way to --
MR. OCHS: We'll be happy to take a look at it and bring back
some recommendations to the board.
CHAIRMAN HENNING: What else do you have?
COMMISSIONER NANCE: Nothing, sir.
CHAIRMAN HENNING: Oh.
COMMISSIONER HILLER: I'm trying to think if there's
anything else.
CHAIRMAN HENNING: Okay. It's kind of early. Are you sure
somebody else doesn't have anything?
Commissioner Hiller?
I'll entertain a motion to adjourn.
COMMISSIONER HILLER: I'm trying to think if there's any --
well, do you want to --
CHAIRMAN HENNING: Second?
COMMISSIONER HILLER: Do you want to --
CHAIRMAN HENNING: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: I'm trying to think.
CHAIRMAN HENNING: We're adjourned.
COMMISSIONER NANCE: Happy Easter.
**** Commissioner Hiller moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
Page 158
April 8, 2014
THE EXTINGUISHMENT OF THE TEMPORARY DRAINAGE
EASEMENT AS SHOWN ON PAGE 9 OF THE PLAT OF
PIACERE - PAVIA AS RECORDED AT PLAT BOOK 48, PAGES
1 THROUGH 10 OF THE PUBLIC RECORDS OF COLLIER
COUNTY — DUE TO COMPLETION OF LASIP
IMPROVEMENTS
Item #16A2
FINAL PLAT OF ABRUZZESE REPLAT AT PELICAN BAY,
APPLICATION NUMBER PL20130002703 — THE DEVELOPER
MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL
APPROVAL LETTER
Item #16A3
FINAL PLAT OF RAFFIA PRESERVE - PHASE 2,
(APPLICATION NUMBER PL20130002569) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A4
FINAL PLAT OF DEL WEBB NAPLES, PARCELS 110 & 113,
(APPLICATION NUMBER PL20130002507) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
Page 159
April 8, 2014
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL
APPROVAL LETTER
Item #16A5
FINAL PLAT OF HAMPTON VILLAGE LOT 17 AND 18
REPLAT, APPLICATION NUMBER FP-PL20140000417 — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE FINAL APPROVAL LETTER
Item #16A6
ZONING MAP CHANGES AND SUPPORT
DOCUMENTATIONS, AND DIRECT THE CHAIR TO SIGN THE
OFFICIAL ZONING MAPS — UPDATES ARE RELATED TO BCC
AND HEARING EXAMINER APPROVALS, AS WELL AS
STAFF IDENTIFIED CORRECTIONS
Item #16A7
A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT
OF $990,000 FOR THE ACQUISITION OF PARCEL 123FEE IN
THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V.
NEW PLAN FLORIDA HOLDINGS, LLC, ET AL., CASE NO. 13-
CA-23 8 (US 41/SR-CR-951 INTERSECTION IMPROVEMENT
PROJECT #60116), (FISCAL IMPACT: $596,170) — RELATING
TO THE FUTURE OVERPASS AT US 41 AND CR 951
Item #16A8
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April 8, 2014
CONVEYANCE OF A DRAINAGE EASEMENT IN SECTION 12,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. (FISCAL IMPACT: NONE.) — FOLIO #00738160005
Item #16A9
RELEASE OF LIEN IN THE TOTAL AMOUNT OF $80,880.86
FOR PAYMENT OF $480.86, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. ROBERT D. CAMPBELL, JR., ET AL., CODE
ENFORCEMENT BOARD CASE NO. CENA20110000844,
RELATING TO PROPERTY LOCATED AT 2331 8TH AVE. SE,
COLLIER COUNTY, FLORIDA — PROPERTY BROUGHT INTO
COMPLIANCE ON NOVEMBER 18, 2013 BY THE NEW
OWNER WEISBECKER HOLDINGS, LLC
Item #16A10
RELEASE OF LIEN IN THE ACCRUED AMOUNT OF
$190,580.57 FOR PAYMENT OF $3,238.57, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. ROBERT D. CAMPBELL, JR., ET AL.,
CODE ENFORCEMENT BOARD CASE NO. CESD20120006821,
RELATING TO PROPERTY LOCATED AT 2331 8TH AVE SE,
COLLIER COUNTY, FLORIDA — FINES RELATED TO THE
CONVERSION OF GARAGE TO LIVING SPACE AND
UNPERMITTED MOBILE HOME ON THE PROPERTY AND
BROUGHT INTO COMPLIANCE ON DECEMBER 12, 2013
Item #16A11
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April 8, 2014
RELEASE OF LIEN WITH AN ACCRUED VALUE OF $40,680.57
FOR PAYMENT OF $280.57, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. ROBERT D. CAMPBELL, JR., ET AL., CODE
ENFORCEMENT BOARD CASE NO. CEV20110000842,
RELATING TO PROPERTY LOCATED AT 2331 8TH AVE SE,
COLLIER COUNTY, FLORIDA — FINES RELATED TO
UNLICENSED VEHICLES ON THE PROPERTY AND
BROUGHT INTO COMPLIANCE ON NOVEMBER 18, 2013
Item #16Al2
RELEASE OF LIEN WITH AN ACCRUED VALUE OF $96,412.56
FOR PAYMENT OF $11,812.56, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. SANDRA L. CASTRO, ET AL., SPECIAL MAGISTRATE
CASE NO. CESD20100003742, RELATING TO PROPERTY
LOCATED AT 3950 31ST AVENUE NE, COLLIER COUNTY,
FLORIDA — FINES RELATED TO AN UNPERMITTED FENCE
AND STRUCTURES ON THE PROPERTY AND BROUGHT
INTO COMPLIANCE ON JANUARY 21, 2014
Item #16A13
RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$117,781 .15 FOR PAYMENT OF $5,000, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. ERIC AND DAYLE WESTOVER, CODE
ENFORCEMENT BOARD CASE NO. CESD20100017039,
RELATING TO PROPERTY LOCATED AT 5891 STAR GRASS
LANE, COLLIER COUNTY, FLORIDA — FINES RELATED TO
Page 162
April 8, 2014
AN ABANDONED POOL PERMIT AND BROUGHT INTO
COMPLIANCE ON MARCH 18, 2014
Item #16A14
SHORT LIST OF DESIGN PROFESSIONALS PURSUANT TO
RFP NO. 14-6227, "DEVELOP AND UPDATE COLLIER
COUNTY FLOODPLAIN MANAGEMENT PLAN," AND
AUTHORIZE STAFF TO NEGOTIATE CONTRACTS WITH THE
TOP RANKED FIRM FOR SUBSEQUENT BOARD APPROVAL —
FINAL RANKING: AMEC ENGINEERING AND
INFRASTRUCTURE, INC. #1 AND J.R. EVANS ENGINEERING
#2
Item #16A15
THE PURCHASE OF APPROXIMATELY ONE ACRE OF
PROPERTY SITUATED BETWEEN PIPER BOULEVARD AND
THE COCOHATCHEE CANAL FOR THE PALM RIVER PARK
(PROJECT NO. 60184.) FISCAL IMPACT: $1,200 — NEEDED
FOR IMPROVEMENTS TO THE EXISTING ASPHALT
SIDEWALK ADJACENT TO THE EAST-BOUND LANE OF
PIPER BOULVEARD
Item #16A16
AN AMENDED AND RESTATED DEVELOPER
CONTRIBUTION AGREEMENT (DCA) BETWEEN DR
HORTON, INC. (DEVELOPER) AND COLLIER COUNTY
(COUNTY) TO PROVIDE WATER MANAGEMENT AND
FINANCIAL CONTRIBUTIONS FOR THE CONSTRUCTION OF
Page 163
April 8, 2014
TREE FARM ROAD — FROM DAVILLA STREET TO MASSEY
STREET
Item #16A17
A COLLIER COUNTY REVOCABLE LANDSCAPE
MAINTENANCE LICENSE AGREEMENT (AGREEMENT)
BETWEEN COLLIER COUNTY AND STANDARD PACIFIC OF
FLORIDA (LICENSEE) FOR A LANDSCAPE PLANTING
BUFFER ALONG IMMOKALEE ROAD COUNTY RIGHT-OF-
WAY — FOR THE BENT CREEK PRESERVE PHASE 1 PROJECT
Item #16A18
A LEASE AGREEMENT WITH THE COLLIER COUNTY
SCHOOL DISTRICT TO ALLOW FOR A PLANNING
COMMISSION MEETING TO BE HELD AT THE IMMOKALEE
HIGH SCHOOL AUDITORIUM ON APRIL 29, 2014 — FOR A
NEIGHBORHOOD INFORMATIONAL MEETING REGARDING
THE APPLICATION TO AMEND THE IMMOKALEE AREA
MASTER PLAN AND A COMPANION CPUD
Item #16B1
AN AFTER THE FACT APPROVAL OF THE SUBMITTAL OF A
DISASTER RECOVERY INITIATIVE GRANT APPLICATION
TO COLLIER COUNTY TO FUND THE PINELAND AVENUE
STORMWATER IMPROVEMENT PROJECT IN THE AMOUNT
OF $56,570, THE CRA BOARD CHAIRMAN TO EXECUTE THE
SUBRECIPIENT AGREEMENT, IF THE GRANT IS AWARDED
AND ALL NECESSARY BUDGET AMENDMENTS —
APPLICATION DEADLINE WAS MARCH 13, 2014 AND
SUBMITTED WITH THE COUNTY MANAGER'S APPROVAL
Page 164
April 8, 2014
Item #16B2
AN AFTER THE FACT APPROVAL OF THE SUBMITTAL OF A
DISASTER RECOVERY INITIATIVE GRANT APPLICATION
TO COLLIER COUNTY TO FUND THE KAREN DRIVE
STORMWATER IMPROVEMENT PROJECT IN THE AMOUNT
OF $154,120, THE CRA BOARD CHAIRMAN TO EXECUTE
THE SUBRECIPIENT AGREEMENT, IF THE GRANT IS
AWARDED AND ALL NECESSARY BUDGET AMENDMENTS
— FUNDING THE BAYSHORE GATEWAY TRIANGLE CRA
FIRE SUPPRESSION INFRASTRUCTURE SYSTEM UPGRADE
PROGRAM
Item#16C 1
THE $102,802 UNDERGROUND CONDUIT INSTALLATION
AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY
(FPL) TO SUPPLY POWER TO SOUTH REVERSE OSMOSIS
WELLS NO. 5 AND 6; AND, APPROVE AND EXECUTE THE
DOCUMENTS NECESSARY TO CONVEY AN EASEMENT TO
FPL FOR THE INSTALLATION OF ELECTRICAL SERVICE
RELATED TO WELL/PLANT POWER SYSTEMS, PROJECT
#70069 — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C2
TWO SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR
SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT
IS $37 TO RECORD THE SATISFACTIONS OF LIEN — FOLIO
#61834800004, 191 ISLAMORADA LANE AND #81620400009,
2360 SHADOWLAWN DRIVE
Page 165
April 8, 2014
Item #16C3
RESOLUTION 2014-66: SATISFACTIONS OF LIEN FOR THE
1991, 1993, 1994, 1995, AND 1996 SOLID WASTE COLLECTION
AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE
THE COUNTY HAS RECEIVED PAYMENT IN FULL
SATISFACTION OF THE LIENS. FISCAL IMPACT IS $68.50 TO
RECORD THE SATISFACTIONS OF LIEN
Item #16C4
REJECT THE BID RECEIVED IN RESPONSE TO INVITATION
TO BID #13-6162, "CHLORINATOR EQUIPMENT
MAINTENANCE." — DUE TO A LACK OF CLARITY, ONLY
ONE BID WAS RECEIVED
Item #16D1
RESOLUTION 2014-67: AMENDING THE STATE HOUSING
INITIATIVES PARTNERSHIP COLLIER COUNTY LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 13/14-
15/16 TO INCLUDE ADDITIONAL PURCHASE ASSISTANCE
FOR SPECIFIED STATE-CERTIFIED OCCUPATIONS, ADD A
NEW OWNER-OCCUPIED REHABILITATION STRATEGY,
AND UPDATE EXHIBIT A — ADMINISTRATIVE BUDGET AND
EXHIBIT C TO REFLECT THE INCLUSION OF THE OWNER
OCCUPIED REHABILITATION PROJECT
Item #16D2
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April 8, 2014
AWARD OF CONTRACT #13-6178 TO HOLE MONTES, INC.
FOR CONSTRUCTION ENGINEERING INSPECTION,
LANDSCAPE INSPECTION AND SITE RESTORATION
SERVICES FOR THE "VANDERBILT BEACH MSTU: FPL
UNDERGROUND CONVERSION PROJECT - PHASE 2, 3 AND 4
PURSUANT TO RFP #13-6178, IN THE ESTIMATED AMOUNT
OF $546,093
Item #16D3
FOUR (4) DISASTER RECOVERY GRANT SIGNATURE
AUTHORITY FORMS FOR SUBMITTAL TO THE
DEPARTMENT OF ECONOMIC OPPORTUNITY — FOR THE
FOLLOWING GRANTS: #07DB-3V-21-01-Z01, #08DB-D3-09-21-
01-A03, #10DB-D4-09-21-01-K09 AND #12DB-P5-09-21-01-K39
Item #16D4
AMENDMENT #3 TO THE MOU WITH DCF AND
AMENDMENTS TO SUBRECIPIENT AGREEMENTS WITH THE
DAVID LAWRENCE CENTER, NAMI OF COLLIER COUNTY,
INC; AND THE COLLIER COUNTY SHERIFF'S OFFICE FOR
THE CRIMINAL JUSTICE, MENTAL HEALTH, AND
SUBSTANCE ABUSE PROGRAM UPDATING BUDGET AND
MATCH DETAIL
Item #16D5
AMENDMENTS AND ATTESTATION STATEMENTS WITH
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
D/B/A SENIOR CHOICES OF SOUTHWEST FLORIDA FOR THE
HOME CARE FOR THE ELDERLY PROGRAM TO ENSURE
Page 167
April 8, 2014
CONTINUOUS FUNDING FOR FY 2013/2014 AND A BUDGET
AMENDMENT RECOGNIZING AN ADDITIONAL $424 IN
GRANT REVENUE — THE INCREASE REFLECTS
FLUCTUATIONS IN THE NEEDS OF THE CLIENTS AND THE
CASE WORKERS' CLIENT LOAD
Item #16D6
THE COUNTY MANAGER OR HIS DESIGNEE TO ENTER
INTO SCHOOL FACILITIES LEASE AGREEMENTS WITH THE
SCHOOL BOARD FOR PARKS AND RECREATION SUMMER
CAMP PROGRAMS OR OTHER COUNTY DEPARTMENT
PROGRAMS — FOR THE USE OF SCHOOL AMENITIES SUCH
AS OUTDOOR FIELDS, GYMNASIUMS AND CAFETERIAS
Item #16D7 — Continued Indefinitely (Per Agenda Change Sheet)
RECOGNIZING A PORTION OF ROCK ROAD, FROM
IMMOKALEE ROAD TO MINGO ROAD WITHIN THE ROCK
ROAD MUNICIPAL SERVICE TAXING UNIT (MSTU), WHICH
THE COUNTY HAS REGULARLY MAINTAINED FOR MORE
THAN THE IMMEDIATE PAST SEVEN YEARS, AS HAVING
BEEN DEDICATED AND DEEDED TO THE COUNTY AS A
PUBLIC ROAD, A RESOLUTION IN SUPPORT THEREOF AND
TO AUTHORIZE THE BOARD'S CHAIRMAN AND THE EX
OFFICIO CLERK TO THE BOARD TO FILE A MAP WITH THE
CLERK OF COURT CERTIFYING OWNERSHIP HAS VESTED
WITH THE COUNTY; AND AUTHORIZE A SHORT-TERM
LOAN IN AN AMOUNT UP TO $130,000 TO THE ROCK ROAD
MSTU FOR THE PURPOSE OF PAVING OF A PORTION OF
ROCK ROAD, FROM IMMOKALEE ROAD TO MINGO ROAD
AND ALL NECESSARY BUDGET AMENDMENTS
Page 168
April 8, 2014
Item #16D8
PAYMENT TO PELUSO MOVERS, INC. FOR OUTSTANDING
INVOICES IN THE AMOUNT OF $1,750 AND THE
CONTINUED USE OF THIS COMPANY TO PROVIDE OFF-SITE
STORAGE SERVICES FOR MUSEUM ARTIFACTS THROUGH
FISCAL YEAR 2016
Item #16D9
RATIFYING THE CERTIFICATION FOR REALLOCATED
FISCAL YEAR 2013 ENTITLEMENT COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR $84,307, WHICH
WAS SIGNED BY THE COUNTY MANAGER ON MARCH 20,
2014. COLLIER COUNTY WILL RECEIVE $80,807, AND THE
CITY OF NAPLES WILL RECEIVE $3,500 — FUNDS
ALLOCATED TO MARCO ISLAND THAT WERE NOT
APPLIED FOR
Item #16D10
RESOLUTION 2014-68: A GRANT APPLICATION IN THE
AMOUNT OF $94,265 TO THE HOUSING, HUMAN &
VETERAN SERVICES FY2014-2015 HOUSING AND URBAN
DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FOR THE EXPANSION OF THE
IMMOKALEE SPORTS COMPLEX FITNESS CENTER WITH AN
IN-KIND FINANCIAL MATCH OF $24,353
Item #16D11
Page 169
April 8, 2014
A SUBSTANTIAL AMENDMENT RECOGNIZING A
REDUCTION IN U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY
$158,862 TO $1,933,445 FOR THE FY2013-2014 FUNDING
YEAR AND A BUDGET AMENDMENT IN THE SAME
AMOUNT — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E1
STANDARDIZING THE USE OF NEOGOV SOFTWARE
PRODUCTS FOR THE COUNTY'S HUMAN RESOURCES
PROCESSES, APPROVE ADDENDUM #1 TO SERVICE
AGREEMENT #10-5451, AND AUTHORIZE THE COUNTY
MANAGER OR DESIGNEE TO EXECUTE A COUNTY
ATTORNEY APPROVED CONTRACT FOR USE OF THE
PERFORMANCE EVALUATION MODULE — FOR
ADDITIONAL FULL TIME EQUIVALENT RESOURCES IN
HUMAN RESOURCES
Item #16E2
REQUEST FOR PROPOSAL (RFP) #14-6187 OFFICE SUPPLIES
TO STAPLES CONTRACT AND COMMERCIAL, INC., AND
THE CHAIRMAN TO SIGN A COUNTY ATTORNEY
APPROVED CONTRACT
Item #16E3
AN AMENDMENT TO THE SOFTWARE LICENSE
AGREEMENT WITH SAP PUBLIC SERVICES, INC.
REMOVING UNUSED LICENSES RETROACTIVE TO
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April 8, 2014
JANUARY 1, 2013 AND AUTHORIZE THE CHAIRMAN TO
SIGN THE #11-5656 MAINTENANCE TERMINATION
ADDENDUM — REMOVAL OF THE MAINTENANCE COST
FOR THE UNUSED LICENSES RETROACTIVELY TO
JANUARY 1, 2013
Item #16E4
STAFF-APPROVED CHANGE ORDERS AND CHANGES TO
WORK ORDERS — FOR THE PERIOD OF FEBRUARY 14, 2014
THROUGH MARCH 11, 2014
Item #16F1
RESOLUTION 2014-69: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET
Item #16F2
REFUNDS OF AFFORDABLE HOUSING CONTRIBUTIONS TO
SECOYA, LLC IN THE AMOUNT OF $12,000 DUE TO THE
REMOVAL OF AN AFFORDABLE HOUSING CONTRIBUTION
COMMITMENT FROM THE SANDALWOOD PLANNED UNIT
DEVELOPMENT/SETTLEMENT AGREEMENT
Item #16H1
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE EAST NAPLES CIVIC
Page 171
April 8, 2014
ASSOCIATION LUNCHEON ON MARCH 20, 2014. THE SUM
OF $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — HELD AT HAMILTON HARBOR YAGHT CLUB,
7065 HAMILTON AVENUE
Item #16J1
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL
JURISDICTION OVER PRIVATE ROADS WITHIN THE
MARBELLA LAKES SUBDIVISION
Item #16J2
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
DISBURSEMENTS FOR THE PERIOD OF MARCH 20, 2014
THROUGH MARCH 26, 2014
Item #16J3
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
DISBURSEMENTS FOR THE PERIOD OF MARCH 27, 2014
THROUGH APRIL 2, 2014
Item #16K1
AN INCREASE TO THE PURCHASE ORDER FOR NABORS,
GIBLIN & NICKERSON, P.A. ("NABORS GIBLIN") RELATING
TO SERVICES ON THE ORANGE TREE UTILITY COMPANY
INTEGRATION PROJECT — APPROVED BY THE BOARD ON
JANUARY 14, 2014
Page 172
April 8, 2014
Item #16K2
PAYMENT NOT TO EXCEED $13,000 FROM THE EXISTING
PURCHASE ORDER FOR MEDIATION SERVICES FOR
WILLIAM B. SMITH, P.A. RELATED TO THE US 41/COLLIER
BLVD. INTERSECTION IMPROVEMENTS (PROJECT NUMBER
60116) — RETAINED TO SETTLE PENDING EMINENT
DOMAIN LITIGATION
Item #17A
RESOLUTION 2014-70: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET — BUDGET AMENDMENTS #14-304 AND #14-342
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:02 p.m.
Page 173
April 8, 2014
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIA DIST ' CTS UNDER ITS CONTROL
TOM HENNING, C : IRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Attest as to Chairman's
signature only.
These minutes approved by the Board on S1/3 /)4 , as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 174