BCC Minutes 07/08/2014 R BCC
REGULAR
MEETING
MINUTES
July 8, 2014
July 8, 2014
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, July 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 (Telephonic)
Donna Fiala
Georgia Hiller
Tim Nance
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Finance Director
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications & Customer Relations
Page 1
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
I ��
L .14
r Azontot..-..
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
July 8, 2014
9:00 AM
Commissioner Tom Henning, District 3 - BCC Chair
Commissioner Tim Nance, District 5 - BCC Vice-Chair; TDC Chair
Commissioner Donna Fiala, District 1 - CRAB Chair
Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair
Commissioner Fred W. Coyle, District 4 - CRAB Vice-Chair
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.
Page 1
July 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 COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Sheila Zellers - Motivated By Love MinistriesID, Inc.
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. June 10, 2014 - BCC/Regular Meeting
3. SERVICE AWARDS — EMPLOYEE
A. 20 Year Attendees
Page 2
July 8, 2014
1) John Plummer Jr. — EMS
B. 25 Year Attendees
1) Joe Delate — Transportation Engineering
2) Heather Sweet— Utility Billing and Customer Service
C. Retirees
1) Winona Stone — 15 years— Administrative Services
2) Kady Arnold — 18 years— Communications and Customer Relations
4. PROCLAMATIONS
A. Proclamation designating July 12, 2014 as Queens All Star Little League
Day. To be accepted by Julia Alessi, Lydia E. Cartwright, Victoria M.
Choinski, Jazlyn Curry, Olivia Eckelman, Kaylea Evans, Brooke Hackim,
Delaney Heidel, Sara Leon, Ashlee Lykins, Macie E. MacDonald, Bianca
Palacios, and Emily Wright. Sponsored by Commissioner Henning.
B. Proclamation recognizing the Collier Mosquito Control District for earning
the Waste Reduction Awards Program (WRAP Award). To be accepted by
Jim Stark, Executive Director Collier Mosquito Control District. Sponsored
by the Board of County Commissioners.
C. Proclamation declaring August 9, 2014 as Victor Bucket and Pappy Wagner
Day. To be accepted by Victor Bucket, US Navy Veteran and USS
Indianapolis survivor and Harold `Pappy' Wagner, US Marine Veteran.
Sponsored by the Board of County Commissioners.
5. PRESENTATIONS
A. Recommendation to recognize Connie Deane, Public Information
Coordinator, Growth Management Division, as Employee of the Month
for June, 2014.
6. PUBLIC PETITIONS
Page 3
July 8,2014
A. Public Petition request from Caitlin Weber representing the Conservancy
of Southwest Florida, regarding the Collier County Petition for a Formal
Administrative Hearing challenging the Consent Order between the Florida
Department of Environmental Protection (FDEP) and Dan A. Hughes
Company. The Conservancy would like to discuss groundwater monitoring
efforts and present updated information.
Item #7 to be heard no sooner than 1:00 p.m. unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to consider an Ordinance amending Ordinance 04-41,
as amended, the Collier County Land Development Code, which includes
the comprehensive land regulations for the unincorporated area of Collier
County, Florida, by providing for: Section One, Recitals; Section Two,
Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter
One - General Provisions, including Section 1.08.02 Definitions; Chapter
Two - Zoning Districts and Uses, including Section 2.03.01 Agricultural
Districts, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04
Industrial Zoning Districts, Section 2.03.07 Overlay Zoning Districts;
Chapter Three - Resource Protection, including Section 3.05.02 Exemptions
from Requirements for Vegetation Protection and Preservation, Section
3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07
Preservation Standards; Chapter Four - Site Design and Development
Standards, including Section 4.01.02 Kitchens in Dwelling Units, Section
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts,
Section 4.02.03 Specific Standards for Location of Accessory Buildings and
Structures, Section 4.02.16 Design Standards for Development in the
Bayshore Gateway Triangle Redevelopment Area, Section 4.06.02 Buffer
Page 4
July 8,2014
Requirements; Chapter Five - Supplemental Standards, including Section
5.03.02 Fences and Walls, Excluding Sound Walls, Section 5.03.03
Guesthouses, Section 5.03.05 Caretaker Residences, 5.04.04 Model Home
and Model Sales Centers, Section 5.04.05 Temporary Events, Section
5.06.00 Sign Regulations and Standards by Land Use Classification, Section
5.06.02 Development Standards for Signs within Residential Districts,
Section 5.06.04 Development Standards for Signs in Nonresidential
Districts, Section 5.06.05 Exemptions from Regulations, Section 5.06.06
Prohibited Signs, Section 5.06.09 Nonconforming Signs; Chapter Six -
Infrastructure Improvements and Adequate Public Facilities Requirements,
including Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements;
Chapter Nine - Variations from Code Requirements, including Section
9.03.03 Types of Nonconformities; Chapter Ten - Application, Review, and
Decision-Making Procedures, including Section 10.02.08 Requirements for
Amendments to the Official Zoning Atlas, Section 10.02.13 Planned Unit
Development (PUD) Procedures, Section 10.03.05 Required Methods of
Providing Public Notice, Section 10.03.06 Public Notice and Required
Hearings for Land Use Petitions; Section Four, Adoption of Amendments to
the Collier County Zoning Atlas, more specifically amending the following:
Zoning Map Number 05025 to rezone various properties located on the
north side of Davis Boulevard (SR-84) from Airport-Pulling Road (CR-31)
west to the Naples city limit, from C-4 General Commercial and C-5 Heavy
Commercial to C-4-GTMUD-MXD and C-5-GTMUD-MXD (Gateway
Triangle Mixed Use Overlay District - Mixed Use Subdistrict); Section Five,
Conflict and Severability; Section Six, Inclusion in the Collier County Land
Development Code; and Section Seven, Effective Date.
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. This item has been continued from the June 24, 2014 BCC Meeting to
the July 8, 2014 BCC Meeting. Recommendation to authorize advertising
an ordinance creating the Platt Road Improvement Municipal Service Taxing
Unit to fund and levy not to exceed 3 mils of Ad Valorem Taxes per year to
reimburse the County $10,500 for emergency roadway improvements made
to Platt Road. (Michelle Arnold, Alternative Transportation Modes Director)
B. Recommendation to adopt a resolution establishing Proposed Millage Rates
Page 5
July 8,2014
as Maximum Property Tax Rates to be levied in FY 14/15 and Reaffirming
Advertised Public Hearing dates in September 2014 for the Budget approval
process. (Mark Isackson, Corporate Financial and Management Services
Director)
C. Recommendation to approve an Agreement for Sale and Purchase with
Asset Recovery XVIII, LLC, for the purchase of property to accommodate
the future Wilson/Benfield alignment and improved access to the Resource
Recovery Business Park and approve a budget amendment. (Fiscal Impact:
$5,542,000) (Nick Casalanguida, Growth Management Administrator)
D. Recommendation to approve and execute a Purchase Agreement in the
amount of$3,337,500 with Kiropa Island, LLC for the purchase of 1.84
improved acres on Enterprise Avenue for the Supervisor of Elections, and
approve a $17,740 budget amendment. (Len Price, Administrative Services
Administrator).
E. Recommendation to award Bid #14-6269, "Collier County Northeast
Recycling Drop-off Center" to Cleveland Construction in the amount of
$5,156,769.21 and authorize a budget amendment of$1,400,000 to move
funds from Project No. 59015, "Airspace Recovery," to Project No. 59009,
"Northeast Recycling Drop-off Center." (George Yilmaz, Public Utilities
Division Administrator)
F. Recommendation to award Bid #14-6270, South Reverse Osmosis Wellfield
Medium Voltage Cable Replacement, to Quality Enterprises USA, Inc., in
the amount of$1,694,999; approve a Work Order in the amount of$306,826
with CDM Smith, Inc., for construction services; and, authorize a budget
amendment in the amount of$1,400,000 for Well/Plant Power Systems
Project No. 70069. (George Yilmaz, Public Utilities Division)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
Page 6
July 8, 2014
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future 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 approve a two year extension to complete Site
Development Plan (SDP) improvements associated with Tenchitas
Convenience Store (SDP AR-14305) pursuant to Section 10.02.03 H
of the Collier County Land Development Code.
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 final plat of Sienna Reserve, (Application
Number PL20130002033) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
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 Morningside Reserve,
Application Number PL20140000249.
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 Mussorie Village at Fiddler's
Creek, (Application Number PL20140000591) approval of the
Page 7
July 8,2014
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 final plat of Raffia Preserve - Phase 3,
(Application Number PL20140000592) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Palazzo at Naples, (Application
Number 20130002119) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
7) 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 Landings at Bears Paw,
(Application Number PL20120002819) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
8) Recommendation to approve final acceptance of private roadway and
drainage improvements for the final plat of Biscayne Bay at Heritage
Bay Unit 4 (AR-10129) authorize acceptance of the plat dedications
and release of the maintenance security in the amount of$157,902.16.
9) 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 Riverstone - Plat Seven,
(Application Number PL20140000666) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
Page 8
July 8, 2014
10) 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 Oyster Harbor at Fiddler's
Creek Phase 1, (Application Number PL20130002036) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
11) Recommendation to approve a release of lien with an accrued value of
$122,481.43 for payment of$3,081.43, in the code enforcement action
entitled Board of County Commissioners v. Melba Garcia, Code
Enforcement Board Case No. CESD20090014480, relating to
property located at 4280 6th Avenue NE, Collier County, Florida.
12) Recommendation to approve a release of lien with an accrued value of
$17,312.29 for payment of$562.29, in the code enforcement action
entitled Board of County Commissioners v. ABFC 200641E1 Trust,
Code Enforcement Special Magistrate Case No. CESD20100007028,
relating to property located at 3577 Randall Boulevard, Collier
County, Florida.
13) Recommendation to approve a release of a code enforcement lien with
an accrued value of$235,580.86, for payment of$3,580.86, in the
code enforcement action entitled Board of County Commissioners v.
Ofelina M. and Dean L. Patten, Code Enforcement Board Case No.
CESD20110007245, relating to property located at 4530 20th St. NE,
Collier County, Florida.
14) Recommendation to approve the release of a code enforcement lien
with an accrued value of$179,681.43 for payment of$17,681.43, in
code enforcement action entitled Board of County Commissioners v.
Julio C. Rodriguez, Code Enforcement Board Case No.
CESD20110006525, relating to property located at 2620 22nd Avenue
NE, Collier County, Florida.
15) Recommendation to approve a release of a code enforcement lien with
an accrued value of$177,830.57 for payment of$530.57, in code
enforcement action entitled Board of County Commissioners v. Edgar
Perez, Code Enforcement Board Case No. CESD20090010573,
Page 9
July 8,2014
relating to property at 3445 56th Avenue NE, Collier County, Florida.
16) Recommendation to approve release of a code enforcement lien (and
amended lien) with an accrued value of$23,967.96, for payment of
$1,168.90, in the code enforcement action entitled Board of County
Commissioners v. Jerry Currie and Susan Currie, Special Magistrate
Case No. CEPM20090008987, relating to property located at 1797
54th St. SW., Collier County, Florida.
17) Recommendation to approve seven releases of code enforcement liens
for a combined accrued value of$138,238.19 for payment of
$4,188.19, in the code enforcement action entitled Board of County
Commissioners v. Judith Harbrecht Hill and William P. Hill, Trustees,
Special Magistrate Case No. CEPM20100008282,
CEPM20 1 1 0004402, CEPM20110011182, CEPM20120000872,
CEV20120000968, CENA20120009734 AND CEPM20120017192,
relating to property located at 451 Torrey Pines Point, Collier County,
Florida.
18) Recommendation to approve release of two code enforcement liens
with a combined accrued value of$392,298.99 for payment of$9,904,
in code enforcement action entitled Board of County Commissioners
v. Linda & William Haines Special Magistrate Case Nos. 2007080938
and CEPM20120007772, relating to property at 3087 Lunar Street
(a/k/a 3077 Lunar Street), Collier County, Florida.
19) Recommendation to approve an easement agreement for acquisition of
Parcel 102TCE, a temporary construction easement required for the
construction of a replacement bridge on 28th Avenue Southeast over
Miller Canal. (Project No. 60123) Estimated Fiscal Impact: $1,180.
20) Recommendation to approve an easement agreement for acquisition of
Parcel 211RDUE, a Road Right-of-Way, Drainage and Utility
Easement required for expansion of Golden Gate Boulevard from east
of Wilson Boulevard to 20th Street East. (Fiscal Impact: $3,500)
21) Recommendation to approve an easement agreement for acquisition of
Parcel 258RDUE, a road right-of-way, drainage and utility easement
required for expansion of Golden Gate Boulevard from east of Wilson
Page 10
July 8, 2014
Boulevard to 20th Street East. Project No. 60040. (Estimated Fiscal
Impact: $2,527)
22) Recommendation to approve the award of Contract #14-6190, Golden
Gate City Stormwater Drainage Improvement Project Design to
Agnoli, Barber & Brundage Inc., CH2M Hill Engineers, Inc., Johnson
Engineering Inc., and RWA, Inc., for professional design and related
services and authorize the Chairman to execute the contracts.
23) Recommendation to declare a valid public emergency, waive the
threshold amounts established for a "Continuing Contract" in
accordance with the limited exception under the Consultants'
Competitive Negotiation Act, Florida Statutes § 287.055(3)(a) and
approve a Work Order under Professional Services Contract #13-6164
to complete design with modifications described herein and add
additional design services for maintenance of traffic for Design &
Related Services for Replacement of Bridge Number 034020 on
White Boulevard over Cypress Canal Project Number 66066.
24) Recommendation to award ITB #14-6234, Traffic Signal Upgrades at
the intersection of Pine Ridge Road at Pine Ridge Middle School to
Highway Safety Devices, Inc. in the amount of$257,457 Project No.
60172.
25) Recommendation to authorize an additional vehicle purchase in the
Growth Management Division, Road and Bridge Maintenance
Department as part of County asset management efforts and approve
necessary Budget Amendment. (Estimated fiscal impact: $30,000)
26) Recommendation to approve a Landscape Maintenance Agreement
with the Kings Lake Homeowner's Association that authorizes the
County to purchase vegetation for the County to plant along the Kings
Lake property line that abuts the Road Maintenance Facility located at
4800 Davis Boulevard. (Estimated fiscal impact: $5,502.50)
27) Recommendation to approve Amendment No. A01 to Agreement
4600002912 between Collier County and the South Florida Water
Management District, modifying the timeline for construction of the
28th Ave SE Bridge. (Project No. 60123)
Page 11
July 8,2014
28) Recommendation to approve selection committee ranking and
authorize staff to enter into contract negotiations with
VIBEngineering, Inc. for design of a comprehensive traffic system
engineering management plan (RFP #14-6246, FDOT local area
project, Network Study and Analysis, FM No. 430868-1-18-01).
29) Recommendation to adopt a Resolution to extend the Collier County
Architectural and Site Design Standards Ad Hoc Committee for 12
months.
30) Recommendation to approve a Developer Agreement between
Hacienda Lakes of Naples, LLC (Developer) and Collier County to
fund, design, permit and construct a portion of Rattlesnake Hammock
Road east of Collier Boulevard from two lanes to four lanes, in a
manner consistent with Development Order Resolution 2011-201.
31) Recommendation to recognize the commitment of the prepayment of
road impact fees in the agreement by and between Gateway Shoppes
II, LLC, Wal-Mart Stores East, L.P., and WCI Communities, Inc. and
Board of County Commissioners of Collier County, Florida, recorded
in O.R. Book 3859, Page 3211 and issue a Certificate of Public
Facility Adequacy (COA) in perpetuity for outparcels that remain to
be completed in the development.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
1) Recommendation to adopt a resolution to set a date, time and place for
an advertised public hearing where Board of County Commissioners
will adopt special assessments to be collected on non-ad valorem
property tax bills for curbside solid waste collection and disposal
service for FY 2015 and approve notification to customers.
2) Recommendation to authorize a budget amendment in the amount of
$2,800,000 recognizing funds from a litigated settlement agreement
and appropriating those funds into designated, programmed public
utility system capital projects.
Page 12
July 8, 2014
3) Recommendation to approve an agreement with Olde Cypress
Homeowner's Association, Inc., regarding the installation of fencing
around wastewater pump stations.
4) Recommendation to approve a 120 day extension for final completion
of Contract #12-5931 with D.N. Higgins, Inc., Purchase Order No.
4500142945, for Master Pumping Station 312 Rehabilitation project,
under Project No. 72549, and authorize payment of the remaining
balance of the contract for services rendered.
5) Recommendation to approve a contract with URS Corporation in the
amount of$922,959 under Request for Proposal #14-6198, "Design
and Support Services for the Collier County Landfill Leachate Deep
Injection Well," Project Number 70101.
6) Recommendation to direct the County Manager or his designee to
advertise a Resolution adjusting Collier County Water-Sewer District
Bulk Services Water Rates within the Hammock Bay Service Area, as
authorized by the Potable Water Bulk Services Agreement between
Collier County Water-Sewer District and City of Marco Island, dated
May 9, 2006.
7) Recommendation to approve payment in the amount of$4,950 to
Simmonds Electrical of Naples, Inc., for testing and repair of the
Irrigation Quality Water SCADA radio system.
8) Recommendation to authorize a budget amendment in the amount of
$285,100 transferring funds between cost centers and line items
within Collier County Water-Sewer District Fund (408) to cover costs
for unanticipated bank fees, IT support, fleet maintenance and
contractual services for the Collier County Water-Sewer District's
Financial Operations Department.
9) Recommendation to approve a budget amendment in the amount of
$320,000 transferring funds from Mandatory Trash Collection Fund
473 Reserves within the operating budget, to District I and District II
FY14 Operating Expense Budget to pay for collection and disposal
costs for residential curbside solid waste at Collier County Landfill.
Page 13
July 8, 2014
10) Recommendation to award Contract #14-6213, general utility services
to Douglas N. Higgins, Inc., Haskins, Inc., Kyle Construction, Inc.,
Mitchell & Stark Construction Co., Inc., Quality Enterprises USA,
Inc., and Southwest Utility Systems, Inc.; and, authorize the Chair to
sign and execute the contracts after final approval by the County
Attorney's Office.
11) Recommendation to direct the County Manager or his designee to
advertise a resolution amending schedule One through Two of
Appendix A, Section Four of Collier County Ordinance 2001-73, as
amended, titled Collier County Water-Sewer District Uniform Billing,
Operating, and Regulatory Standards Ordinance, to include proposed
rates for water, wastewater, and irrigation quality water services with
effective dates of October 1, 2014, October 1, 2015 and October 1,
2016 for schedules One and Two.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a Revocable Temporary License
Agreement with the South Florida Water Management District for the
installation, at District expense, of a rain gauge and associated
telemetry equipment at Freedom Park.
2) Recommendation to approve Amendment No. 3 to the Subrecipient
Agreement with Catholic Charities Diocese of Venice, Inc., providing
a time extension and subrecipient name modification for the FY12
Community Emergency Solutions Grant.
3) Recommendation to approve a "Release of Agreement Authorizing an
Affordable Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property" for the Ospreys Landing Apartments.
4) Recommendation to accept the State Housing Initiatives Partnership
Program FY2014-2015 allocation and approve a budget amendment in
the amount of$1,545,449 and authorize the Chairman to sign the
Fiscal Year 2014/2015 Funding Certification.
5) Recommendation to approve an "after the fact" submittal of the
attached proposed project proposal to the Florida Department of
Page 14
July 8, 2014
Transportation for the Federal Transit Administration Section 5310
grant program for a total funding request of$482,480, accept the
revised grant award in the same amount, authorize necessary budget
amendments and approve purchase of five paratransit vehicles using
those funds.
6) Recommendation to approve and authorize the Chairman to sign a
Partners for Fish and Wildlife Program Landowner Agreement
accepting a $15,000 grant award from U.S. Fish and Wildlife Service
Partners for Fish and Wildlife Program for fish and wildlife habitat
restoration at Rivers Road Preserve.
7) Recommendation to support the Parks and Recreation Department in
seeking national reaccreditation as a valid and proper public purpose
and adopt a Resolution authorizing the expenditure of funds to host
the Accreditation Commission not to exceed $10,000.
8) Recommendation to approve and authorize the Chairman to sign a
Satisfaction and Release of Lien for payment of deferred countywide
impact fees.
9) Recommendation to approve and execute a modified Developer
Agreement to clarify terms with NR Contractors, Inc. for RFP
#14-6259, "NSP Multi-Family Property and Program Assumption,"
(Gilchrist Apartments) and approve an extension of the legal non-
conforming waiver to May 31, 2017, and approve a Minor
Amendment to the NSP1 Action Plan.
10) Recommendation to approve a Transportation Coordination
Agreement with United Cerebral Palsy of Southwest Florida, Inc.
11) Recommendation to approve and execute the attached Joint
Participation Agreement in the amount of$1,100,000 with a 50%
match of$550,000 for a period not to exceed three years from the date
of execution, to provide operating and marketing funds to establish a
new Collier Area Transit route to service Collier Boulevard and
Immokalee Road which was previously approved by the Board,
approve a resolution authorizing the Chair to sign the agreement; and
authorizing all necessary budget amendments.
Page 15
July 8, 2014
12) Recommendation to recognize carry forward from accrued interest in
the amount of$105,519.28 and unused grant funds in the amount of
$2.12 from State Aid to Library Grants revenue and appropriate those
funds for expenditures on library materials, services, and equipment.
13) Recommendation to approve conveyance of a utility easement on
County property to the City of Naples, together with the related utility
infrastructure associated with the Gordon River Greenway Park
project.
14) Recommendation to approve an Underground Facilities Conversion
Agreement with Florida Power & Light Company for phase two and
three of the Vanderbilt Beach Municipal Service Taxing Unit Utility
Conversion Project.
15) Recommendation to approve a Master Contract with Area Agency on
Aging of Southwest Florida, Inc. for Federal- and State-funded
Services for Seniors programs.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to reject Invitation to Bid (ITB) #13-6165 for
Plumbing Contractors and extend Contract #09-5323 — On Call
Plumbing Contractors to Shamrock Plumbing and Mechanical, Inc.,
for six (6) months or until a new solicitation is executed.
2) Recommendation to approve and execute a First Amendment to Lease
with Randall Benderson and David H. Baldauf, Trustees, for office
space in Parkway Plaza, Golden Gate City, for the Health
Department's Women, Infants and Children's (WIC) program.
3) Recommendation to approve a contract for P25 Radio Consulting
Services associated with RFP #14-6279; and authorize the Chairman
to sign the contract after the County Attorney's final review.
4) Recommendation to approve and execute a Second Amendment to the
Lease Agreement with Sprint Spectrum L.P., successor in interest to
Nextel South Corp., concerning communication equipment on County
property.
Page 16
July 8, 2014
5) Recommendation to recognize and appropriate revenue for Special
Services to the Facilities Management Department's Cost Center and
approve all necessary Budget Amendments for FY2013-2014.
6) Recommendation to approve and authorize the Chairman to execute a
Resolution approving the 457 Roth after-tax contributions option with
ICMA-RC and Nationwide Retirement Solutions, Inc. (NRS) 457 Plan
Agreement for the Board of Collier County Commissioners and
Supervisor of Elections and designate the County Manager Official
Plan Coordinator.
7) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
8) Recommendation to approve award of Contract #14-6255R,
CCSO Substation at EMS-12 Orange Tree to BSSW Architects Inc.
for professional engineering services, approve an associated budget
amendment and authorize the Chair to execute an approved contract.
9) Recommendation to approve additions, deletions, and reclassifications
to the 2014 Fiscal Year Pay and Classification Plan made April 1,
2014 through June 30, 2014.
10) Recommendation to award Invitation to Bid (ITB) #14-6280, Fencing
Installation and Repair, to Carter Fence Company, Inc. and BUE, Inc.,
d/b/a Gatekeepers/Gateswork (Gateswork); and authorize the
Chairman to sign the attached contracts.
11) Recommendation to award contracts for services to assist county staff
in monitoring and documenting costs incurred to remove and dispose
of disaster-generated debris in full compliance with Federal
Emergency Management Agency (FEMA) rules and regulations.
(Contract #14-6188, "Federal Emergency Management Agency
Acceptable Monitoring of Disaster Generated Debris Management).
12) Recommendation to approve a Budget Amendment to recognize and
appropriate funds for Mile Marker 63 Fire Station-Ochopee Fire
Control, from Florida Department of Transportation in accordance
with an Interlocal Agreement approved by the Board April 8, 2014
Page 17
July 8, 2014
in the amount of$3,259,335.
13) Recommendation to approve a Lease Agreement with Immokalee Fire
Control District for EMS to use Immokalee Station 31 with no annual
rent.
14) Recommendation to accept the Hearing Officer's recommendation in
the appeal of ITB #13-6113 Janitorial Services; award the contract to
ISS Facility Services, Inc. and, authorize the Chairman to execute a
County Attorney approved contract.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a Termination of Agreement and Release
of Lien for Ospreys Landing, Ltd. for Ospreys Landing Apartments,
due to the impact fees being paid in full in accordance with the terms
of the 1994 Deferral Agreement and Multi-family Rental Impact Fee
Deferral Program, as set forth by Section 74-401(e) and 74-401(g) (5)
of the Collier County Code of Laws and Ordinances.
2) Recommendation to approve the Tourism Department's Sports
Marketing Section submittal of Florida Sports Foundation Grant
applications to support future Collier County Sports events in the total
amount of$140,700, authorize the County Manager or his designee to
execute applications and make a finding this item promotes tourism.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint one member to the Immokalee Enterprise
Zone Development Agency.
2) Recommendation to appoint a member to the Lely Golf Estates
Beautification MSTU Advisory Committee.
Page 18
July 8,2014
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended East Naples Civic Association's Lunch June 19, 2014.
$18 to be paid from Commissioner Fiala's travel budget.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of June 19, 2014 through
June 25, 2014.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of June 26, 2014 through
July 1, 2014.
K. COUNTY ATTORNEY
1) Recommendation to approve an Amendment to Agreement for Legal
Services for the Retention Agreement with Henderson, Franklin,
Starnes & Holt, P.A. extending the expiration date to September 12,
2016 and by amending Exhibit "A."
2) Recommendation to approve the mediation settlement prior to trial in
the lawsuit entitled Geraldine Harris v. Collier County, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida, Case
No. 13-904-CA for the sum of$10,000 and authorize the Chairman to
execute the Settlement Agreement and Mutual Release.
3) Recommendation to approve a Joint Motion for Final Judgment in the
amount of$28,300 for the acquisition of Parcels 113FEE and 113TCE
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: $13,470)
4) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa,
Page 19
July 8, 2014
and Astrid Ramireza in the Circuit Court of the Twentieth Judicial
Circuit, in and for Collier County, Florida, to recover damages for
repair of a traffic control box in the amount of$30,771.56, plus costs
of litigation.
5) Recommendation that the Board authorize the County Attorney,
working in conjunction with the County Manager, to secure an
expert/consultant to assist the County Attorney in litigation relating to
Dan A. Hughes Company, L.P.'s violation of Permit No. 1349H,
Collier-Hogan 20-3H Well, and also to assist the County Manager and
his staff as to all issues raised by the drilling and production of oil in
Collier County, and to waive any Purchasing Ordinance provision that
may be in conflict with this retention.
6) Recommendation that the County Attorney be directed to pursue an
appeal in the case entitled Thomas C. Curry v. Collier County, Case
No. 14-0087-CA.
7) Recommendation to approve a First Amendment to License
Agreement with Summit Broadband Inc. to expand the licensed area
to allow for installation of an upgraded electrical service connection
for the communications facility.
8) Recommendation to approve payment for mediation service by James
A. Helinger, Jr. for settlements of parcels taken for the improvements
to Collier Boulevard (Project No. 68056) and authorize the County
Attorney to retain Mr. Helinger for future mediation under the terms
of the attached letter.
9) Recommendation to formally and expressly accept the conveyance of
right-of-way for Collier Boulevard Extension. Fiscal Impact: None.
10) Recommendation to approve and execute a Settlement Agreement and
Release with Geraldine Lustro, in order to settle a claim by her against
funds donated to the Collier County Public Library by her brother,
Ronald M. Wade, deceased, and to accept and recognize the
remainder of the donated funds.
Page 20
July 8, 2014
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to approve (Adopt) an expansion to Northeast Quadrant of
Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier
Boulevard) as a 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)
(PL-2013-0002249/CPSS-2013-2) [Companion to Rezone Petition
PL20130001652 and Conditional Use Petition PL20130002241.]
B. Recommendation to approve an Ordinance amending Ordinance Number
2004-41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida, by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described
real property from Commercial Intermediate (C-3) and Heavy Commercial
(C-5) zoning districts to a General Commercial (C-4) zoning district, for
property located on the east side of Collier Boulevard (C.R. 951) north of
Rattlesnake-Hammock Road (C.R. 864) in Section 14, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 18.95+/- acres;
providing for repeal of Ordinances 99-84, 00-75, 02-26, 03-31 and 04-23;
and by providing an effective date. [RZ-PL20130001652 - companion to
CU-PL20130002241 and PL20130002249/CPSS-2013-2]
C. Recommendation to approve a Resolution of the Board of Zoning Appeals
Page 21
July 8, 2014
of Collier County, Florida providing for establishment of a Conditional Use
to allow Air-Conditioned Indoor Self Storage (SIC Code 4225) within a
General Commercial (C-4) Zoning District pursuant to Section 2.03.03.D.1.
c.21 of the Collier County Land Development Code for property located on
the east side of Collier Boulevard (C.R. 951) north of Rattlesnake-Hammock
Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier
County, Florida. (CU-PL20130002241) - companion to [RZ-
PL20130001652] and companion to [PL20130002249/CPSS-2013-2],
Collier Boulevard Commercial Properties).
D. Recommendation to consider approving Staff-Proposed 2011 Evaluation
and Appraisal Report-Based Amendments to the Collier County Growth
Management Plan, Ordinance 89-05, as Amended, to Fix Glitches Related
to Changes in 2011 EAR-Based Amendments and Revise for Internal
Consistency, for Transmittal to the Florida Department of Economic
Opportunity for review and Comments response. (Transmittal Hearing)
E. Recommendation to adopt an Ordinance repealing and replacing Ordinance
94-39, as amended, known as the Collier County Residential Rehabilitation
Program, to revise the program to be known as the Collier County Owner-
Occupied Rehabilitation Program.
F. Recommendation to approve an amendment to Tourist Development Tax
Ordinance No. 92-60, as amended, to authorize the reallocation of funds
between Tourist Development Tax categories with a supermajority vote of
the Board and make a finding that this item promotes tourism.
G. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
H. Recommendation to approve an amendment to Ordinance No. 83 - 25, as
amended, to correct the name of the deferred compensation provider to
Nationwide Retirement Solutions, Inc. previously known as National
Association of Counties (NACo) and previously administered by Public
Employees Benefit Services Corporation (PEBSCO), to approve removal of
Section 2 of the Ordinance removing the advisory committee, and to include
Supervisor of Elections (SOE) under the compensation plans of the Board of
County Commissioners.
Page 22
July 8,2014
I. Recommendation to adopt an Ordinance repealing Ordinance No. 91-37, as
amended, in order to sunset the Hispanic Affairs Advisory Board.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 23
July 8, 2014
July 8, 2014
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Good morning, everybody. Welcome
to the Board of Commissioners meeting. Last meeting before our
recess.
If you would silence your phone or put it on vibrate, it will help
us in today's proceeding.
I want to welcome Reverend Sheila Zellers from Motivation by
Ministry -- or Motivation by Love Ministry.
COMMISSIONER HILLER: That was appropriately said. Love
is a mystery. So that was --
CHAIRMAN HENNING: Ministry.
COMMISSIONER HILLER: -- correctly Freudian.
CHAIRMAN HENNING: And she's going to give us the
invocation today. And following that we'll have the Pledge of
Allegiance leaded by Commissioner Hiller.
Would you all rise.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND ZELLERS: Dear God of heaven and earth, we are
grateful today to live in the greatest nation of this world, the United
States of America.
Please help our President, Mr. Obama, our government leaders, to
be guided by the forefathers' design of government, one nation with
liberty and justice for all.
May your presence, God, and your blessing lead and guide and
direct every thought, word and deed done in these walls today. May
the Collier County Commissioners listen with open minds on biased
discernment and wisdom beyond their education as they hear all who
Page 2
July 8, 2014
speak. May each person from the Commission to those who are
listening accept wise council.
Proverbs 11 :14 says, for lack of guidance a nation falls, but many
advisers make victory sure.
Father in heaven, instruct and involve all to trust their inner voice
to teach, train and inspire others for the good of all people of Collier
County, not just today but for a brighter future for all who live, work
and visit our county.
In the name of the Father, Son and the Holy Spirit, in Jesus' name
I pray, Amen.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: You haven't heard one of Sheila's
ministries, do so. It's worthwhile.
And you're not on Golden Gate Parkway?
REVEREND ZELLERS: Yes. My mailing address is
Mercantile, but my church is at Parkway Life Church.
CHAIRMAN HENNING: Parkway Life, yes. Right on -- right
by I-75 interchange on Golden Gate Parkway.
Item #1B
RECOMMENDATION TO ALLOW COMMISSIONER COYLE TO
PARTICIPATE IN THE MEETING VIA TELEPHONE DUE TO
EXTRAORDINARY CIRCUMSTANCES — APPROVED
CHAIRMAN HENNING: Okay, I would entertain a motion to
add Commissioner Coyle viva (sic) telephone. Due to extraordinary
circumstances Commissioner Coyle could not be with us.
COMMISSIONER HILLER: So moved.
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Second.
Page 3
July 8, 2014
COMMISSIONER HENNING: Motion by Commissioner Hiller,
second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #2A
APPROVAL OF TODAY'S REGULAR CONSENT AND
SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA — APPROVED AND/OR ADOPTED W/CHANGES
CHAIRMAN HENNING: Also want to announce that due to the
agenda being so light, we may finish by noon. So those afternoon
items may be heard before noon. That would be our land use and
public comments.
County Attorney, would you walk us through the change list
today?
MR. OCHS: Yes, sir, Mr. Chairman, I'd be happy to.
These are the proposed agenda changes for the Board of County
Commissioners meeting of July 8th, 2014.
First proposed change is to add Item 10.A to the agenda under
Board of County Commissioners. This is a request from
Commissioner Fiala regarding the proposed ordinance establishing a
Collier County Sexual Offender and Sexual Predator Residency
Page 4
July 8, 2014
Ordinance.
The next proposed change is to add Item 10.B to the County
Commissioners agenda, again requested by Commissioner Fiala. This
is a two-part request to direct staff to bring forward a Future Land
Development Code Amendment regarding regulation of automobile
service stations. And in the interim to adopt a resolution to stay the
receipt of new applications for development orders regarding
automobile service stations.
Again, that item is being added at the request of Commissioner
Fiala.
The next proposed change is to continue Item 11.A from today's
regular agenda to the September 9th, 2014 BCC meeting. That was a
recommendation to establish an MSTU for the Platt Road
Improvement Area. And that request for continuance is made by
Commissioner Nance.
Next proposed change is to withdraw Item 11.E from today's
agenda regarding the construction award contract for a recycling
dropoff center. That's at staffs request and that will be scheduled at a
later date.
Next proposed change is to continue indefinitely Item 16.K.4. It's
under the County Attorney's consent agenda.
The next proposed change is not on your change list, and it was
inadvertently omitted and we apologize for this, Mr. Chairman. We'd
like to add on Item 5.B under Proclamations this morning. It's an
award of the Business of the Month Award to Patrick Neale and
Associates. And we look forward to that presentation.
We have several notes this morning, Commissioners. The first
note has to do with Item 11.0 on your regular agenda. There was a
typographical error in the spelling of Benfield in your executive
summary title.
And also, we're clarifying the exact acreage to be considered in
Page 5
July 8, 2014
this acquisition. It's 305.59 acre parcel of land.
The next agenda note has to do with Item 16.A.1. There's a
typographical error in the title of the agenda, although the
recommendation section is correct. And we are approving an
extension of a Site Development Plan for three years instead of two
years, as indicated in the title.
The next agenda note is related to Item 16.A 17. That is a release
of lien for Code Enforcement settlement. There was a settlement
agreement as part of that release. That is in your backup. We've added
it to the agenda index and also the recommendation of the executive
summary.
Item 16.E.10, we have added that that approval for work orders is
done with the approval of the purchasing department.
And a remainder, Item 17.B and C on your summary agenda
today do require ex-parte disclosure by commissioners.
We have one time certain request this morning, Commissioners,
and that's for Item 10 -- excuse me, 11.D. And that will be heard at
11 :45 a.m. That has to do with the proposed purchase agreement for
the office building for the Supervisor of Elections. 10:45. I'm so sorry,
10:45.
And those are all the changes that I have today, Commissioners.
CHAIRMAN HENNING: Thank you.
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: No changes, Mr. Chairman, and no
ex-parte on today's consent agenda.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: No ex-parte, but I was thinking of
pulling the item related to us hiring the expert to assist with the review
of the testing of the drilling.
Page 6
July 8, 2014
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: Which item is that, Leo, again?
Can you help me?
CHAIRMAN HENNING: 16.K.5. I believe that we have a
speaker on that.
COMMISSIONER HILLER: 16 --
MR. OCHS: 16.K.5, Commissioner.
Mr. Chairman, did you want to take the speaker on that first or
did you want to move it?
CHAIRMAN HENNING: Yeah, it may address any concerns
that Commissioner Hiller has.
COMMISSIONER HILLER: Can we go ahead and pull this item
and put it on the agenda?
CHAIRMAN HENNING: Sure, we're going to vote on that.
COMMISSIONER HILLER: Yeah, that's fine.
CHAIRMAN HENNING: So we'll make that 12.A.
COMMISSIONER HILLER: Let's see, 12 --
CHAIRMAN HENNING: I have no ex-parte communications on
today's consent or summary agenda, and no changes to today's agenda.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. On the consent agenda for
today I have disclosure on 16.A.4, which is the Fiddler's Creek
application. And just updates from staff plus correspondence and
emails. Same with 16.A 5, the Raffia Preserve, again, updates from
the staff plus correspondence and emails.
And then I move on down to 16.A.9, and that is Riverstone.
Again, correspondence and emails and updates from staff.
16.A. 10, and that is Oyster Harbor at Fiddler's Creek. And again,
same thing, updates from staff, correspondence and emails.
CHAIRMAN HENNING: Those say no disclosure.
COMMISSIONER FIALA: Here, sir.
Page 7
July 8, 2014
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: They don't say no disclosures. Sorry
about that, folks.
And then summary agenda on 17.B, I have staff report, I met and
spoke with Naples Lakes residents, also met with Bob Mulhere and
spoke to staff. I had meetings, correspondence, emails and calls.
And 17.C, again, I met with Naples Lakes residents, Bob
Mulhere, and spoke with staff. And these are all having to do with the
conditioned indoor self storage. Including meetings, correspondence,
emails and calls. Thank you.
CHAIRMAN HENNING: Okay. I do -- on Item 10.A the added
Item on 10.A about the sexual predators ordinance, I would request to
remove this from the agenda and have whoever wants to do this, the
County Manager or Sheriffs Office, to talk to the community prior to
putting it on our agenda.
COMMISSIONER FIALA: Sir.
CHAIRMAN HENNING: Yes.
COMMISSIONER FIALA: Without -- I put that on the agenda
with the full knowledge with the Sheriffs Office. And also with the
Probation Office, we have not talked with them, the Sheriffs Office is
doing that. Without going into detail, this is very important.
CHAIRMAN HENNING: Yeah. Well, it is important to the
public, and I think the public should be aware of this prior to drafting
an ordinance for the Board's consideration. So --
COMMISSIONER FIALA: Sir, I'm sorry, but I don't agree with
that.
CHAIRMAN HENNING: Okay. Well, we'll see what the
majority of the board wants to do.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I'd like to ask also that with
respect to what is now 12.A, that in light of a number of people who
Page 8
July 8, 2014
are here who would probably like to address this issue, if we could
move 12.A to ahead of 6.A, because I think the discussion with respect
to 12.A will address some of the issues in this petition. And, you
know, I think that it will be redundant to have to hear a lot of what's in
the petition after we have the 12.A discussion.
CHAIRMAN HENNING: Okay, so you want to have that prior
to the public petition?
COMMISSIONER HILLER: So it will be 5.A, 5.B, 12.A and
then 6.A.
CHAIRMAN HENNING: I don't see any problem with that.
They're related.
COMMISSIONER HILLER: Yeah.
CHAIRMAN HENNING: Okay, about approval of today's
agenda, as far as 10.A, does the Board wish --
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN HENNING: Oh, thank you. Commissioner Coyle,
go ahead.
COMMISSIONER COYLE: Yeah, I would like to say that I
don't have any changes to the agenda. But I do have ex-parte
disclosure for 17.B and C on the consent agenda -- I'm sorry, the
summary agenda. And I have read the staff report in both of those
cases. And that's all of the ex-parte disclosure I have.
I would like to make a -- place on the record my disapproval of
Item 16.K 6, which is a request for approval of the appeal of the
judge's decision concerning the Curry versus Collier County case. I do
object to the appeal, I think it's a waste of money, but nevertheless,
that's -- I know where that's going to go.
So that's pretty much all I have to say --
CHAIRMAN HENNING: Okay, duly noted.
COMMISSIONER COYLE: -- at this time.
CHAIRMAN HENNING: Commissioner Coyle, question, on
Page 9
July 8, 2014
10.A, the Sexual Predators Ordinance to bring back the County
Attorney with the County Manager and Sheriffs Office, there's been
request from the public -- I don't know if you read your email or have
access to it -- to continue that for a presentation to the public prior to
putting it on the Board's agenda.
Did you want to leave it on the agenda or did you want to
continue that until that is done?
COMMISSIONER COYLE: I don't have any problems having
this on the agenda, leaving it on the agenda.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Let's leave it on the agenda and just
comment on it briefly, sir. But I understand everybody's concern.
CHAIRMAN HENNING: Okay. Well, we'll go ahead and leave
it on the agenda. That's a majority.
So with that, I'll entertain a motion to approve today's agenda as
amended.
COMMISSIONER HILLER: Can you summarize again all the
changes that are being proposed, because we've had discussion going
back and forth, so everyone's on the same page as to what we're voting
on?
CHAIRMAN HENNING: Well, the only change that we do
have, besides what is read by the County Manager, is the Item 16.K 5
that you're requesting to be taken off of the consent and put on the
regular agenda heard prior to the public comment.
COMMISSIONER HILLER: And otherwise --
MR. OCHS: Public petition.
COMMISSIONER HILLER: -- everything else is staying --
CHAIRMAN HENNING: Public petition.
COMMISSIONER HILLER: There are no other proposed
changes, only the 12.A ahead of 6.A.
CHAIRMAN HENNING: Yeah, what is noted on the --
Page 10
July 8, 2014
COMMISSIONER HILLER: Right, what's noted on the change
sheet.
CHAIRMAN HENNING: Yes.
COMMISSIONER HILLER: Okay.
COMMISSIONER FIALA: May I ask -- may I say one final
comment? I agree with Commissioner Coyle regarding, and I can't
remember the number, regarding the lawsuit and to -- you know, I feel
that there's no need to bring it back, because we're just spending a lot
of money for nothing. And I know Jeff and I talked about this
yesterday, but -- and so I really don't agree with that. But Jeff said he
felt he was in a position where he must do this, and so although I do
not agree I will go along with it. Only because I know I'll be outvoted
anyway. So go ahead. But it's spending a lot of money to spin our
wheels. Thank you.
CHAIRMAN HENNING: All righty. Entertain a motion to --
COMMISSIONER NANCE: So moved.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion by Commissioner Nance,
second by Commissioner Hiller.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Motion carries -- is that --
Commissioner Coyle, did you vote for the -- or in favor of--
COMMISSIONER COYLE: Yes, I just wanted to have my --
CHAIRMAN HENNING: You did?
COMMISSIONER COYLE: -- vote of disapproval noted and
Page 11
July 8, 2014
that's it.
CHAIRMAN HENNING: Yep. Motion carries 5-0.
Page 12
Proposed Agenda Changes
Board of County Commissioners Meeting
July 8,2014
Add On Item 10A: Recommendation that the Board direct the County Attorney to work with the County
Manager and the Sheriff's Office to prepare and bring back a proposed ordinance that would establish a
Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State
Statute. (Commissioner Fiala's request)
Add On Item 10B: Recommendation to 1)Direct staff to develop and bring forward a Land Development
Code Amendment regarding the regulation of automobile service stations,including gas stations,adjacent to
residential property which have more than eight(8)fuel pumps or provide for fueling of more than eight(8)
cars at any point in time; and 2)Adopt a resolution to stay the receipt of new applications for development
orders regarding automobile service stations,including gas stations,adjacent to residential property while
the proposed land use regulation is prepared and vetted. (Commissioner Fiala's request)
Continue Item 11A to the September 9,2014 BCC Meeting: Recommendation to authorize advertising an
ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to
exceed three mils of Ad Valorem Taxes per year to reimburse the County$10,500 for emergency
roadway improvements made to Platt Road. (Commissioner Nance's request)
Withdraw Item 11E: Recommendation to award Bid No.14-6269,"Collier County Northeast
Recycling Drop-off Center,"to Cleveland Construction in the amount of$5,156,769.21;and,authorize
a budget amendment of$1,400,000 to move funds from Project No.59015,"Airspace Recovery,"to
Project 59009,"Northeast Recycling Drop-off Center." (Staffs request)
Continue Indefinitely Item 161(4: Recommendation to authorize the County Attorney to file a
lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards
Development Corporation,Debra Lee Gogan,Amelia Sosa,and Astrid Ramireza in the Circuit Court of
the Twentieth Judicial Circuit,in and for Collier County,Florida,to recover damages for the repair of a
traffic control box in the amount of$30,771.56,plus costs of litigation. (County Attorney's request)
Note:
Item 11C Executive Summary title should read: Recommendation to approve an Agreement for Sale and
Purchase with Asset Recovery XVIII,LLC,for the purchase of property to accommodate the future
Wilson/Benefield Benfield alignment and improved access to the Resource Recovery Business Park and
approve a budget amendment.
Also,in the Objective section,the reference to a "302+/-" acre parcel should be revised to a "305.59" acre
parcel. (Staff's request)
Item 16A1 Executive Summary title should read: Recommendation to approve an extension of two three
years for completion of Site Development Plan(SDP)improvements associated with Tenchitas Convenience
Store(SDP AR-14305)pursuant to Section 10.02.03 H of the Collier County Land Development Code.
(Staff's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
July 8,2014
Page 2
Item 16A17 Executive Summary title should read: Recommendation to approve seven releases of code
enforcement liens with a combined accrued value of$138,238.19,for payment of$4,188.19 and a related
settlement agreement,in the code enforcement actions entitled Board of County Commissioners v.Judith
Harbrecht Hill and William P.Hill,Trustees,in Special Magistrate Case Nos.CEPM20100008282,
CEPM20110004402,CEPM20110011182,CEPM20120000872,CEV20120000968,CENA20120009734 AND
CEPM20120017192,relating to property located at 451 Torrey Pines Point,Collier County,Florida.
Also,the Recommendation section should read: That the Board of County Commissioners waives accrued
fines in the amount of$134,050,accept payment of$4,188.19, releases the liens,and authorizes the Chairman
to sign the attached lien releases for recording in the Official Public Records,and attached Mutual General
Release and Settlement Agreement. (Staff's request)
Item 16E10: For purchases estimated to be greater than$50,000 per order and less than$200,000 per
order,the department may quote out work among the awarded vendor(s)with Purchasing Department
approval. (Staff's request)
Items 17B and 17C: 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. (Staff's request)
Time Certain Requests:
Item I ID to be heard at 10:45 a.m. (Commissioner Fiala's request)
7/18/2014 2:45 PM
July 8, 2014
Item #2B
MINUTES FROM THE JUNE 10, 2014 BCC REGULAR MEETING
— APPROVED AS PRESENTED
COMMISSIONER FIALA: Motion to approve the June 10th
BCC regular meeting minutes.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion to approve Item 2.A --
COMMISSIONER FIALA: 2.B.
CHAIRMAN HENNING: 2.B, I'm sorry. By Commissioner
Fiala, second by Commissioner Hiller.
All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #3A
SERVICE AWARDS — 20 YEAR ATTENDEES — PRESENTED
CHAIRMAN HENNING: Now we'll go to employee service
awards. And Commissioners, if you would join us down in front of
the dais for these awards.
MR. OCHS: Commissioners, our first service awardee this
morning is celebrating 20 years of service with county government.
Page 13
July 8, 2014
From your Emergency Medical Services Department, John Plummer,
Jr. John?
(Applause.)
Item #3B
SERVICE AWARDS — 25 YEAR ATTENDEES — PRESENTED
MR. OCHS: Commissioners, we have two employees
celebrating 25 years of service with county government this morning.
The first to be recognized from your Transportation Engineering
Department is Joe Delate. Joe?
(Applause.)
MR. OCHS: Also celebrating 25 years of service this morning
with our Utility Billing and Customer Service Department is Heather
Sweet. Heather?
(Applause.)
Item #3C
SERVICE AWARDS — RETIREES — PRESENTED
MR. OCHS: Commissioners, we're very pleased to be honoring
two employees, I should say former employees, recently retired with
tremendous service to county government. We're happy to recognize
them this morning.
First with 15 years of service from our Administrative Services
Division, Winona Stone. Winona?
(Applause.)
MR. OCHS: And our last awardee this morning, recent retire
who celebrated 18 years of county service with our Communications
Page 14
July 8, 2014
and Customer Relations Department, makes us all look good on TV
every other Tuesday, especially Ken, at least, Kady Arnold. Kady?
(Applause.)
CHAIRMAN HENNING: Before we take a picture, I do want to
-- this is -- Kady is -- I'm going to stand up over here.
Kady's been special to all the Board of Commissioners with her
dedicated service to Collier County. So we want to give Kady a
plaque, and I want to the read it. In special recognition of Kady
Arnold for bringing government home, how apropos, during her
18-year dedication service with Collier County TV. Presented by the
Board of Commissioners of today's date.
Thank you so much.
(Applause.)
MR. OCHS: Commissioners, that concludes our services awards
this morning. Thank you.
CHAIRMAN HENNING: Commissioner Hiller wants to make a
comment.
COMMISSIONER HILLER: Yeah, I would like to make a
comment.
We have so many wonderful employees and it's really an honor to
have the opportunity to recognize them publicly before the Board at
these meetings.
There is one employee I'd like to talk about who's not being
recognized today. But Leo, I would like to ask you a favor, if you
don't mind. You know Patricia Kernan in Parks and Rec, and you
know all the wonderful things she's doing with our handicapped
children and with boating and we've got a fabulous sailing program?
Well, a letter was written about her that just sang her praises, and I'd
like to make sure that's included in her file and that the Board is aware
of it.
And she loves Lilly Pulitzer, so I have a gift that I want you to
Page 15
July 8, 2014
pass on to her.
MR. OCHS: Oh, very nice.
COMMISSIONER HILLER: This is for her. So if you would,
I'd be really appreciative if you could send this to her and say on behalf
of the Board of County Commissioners, we love her and we thank her
for all she's doing for the kids of the community. And it's all about
Lilly Pulitzer, okay --
COMMISSIONER NANCE: You can wear that for the rest of
the meeting.
COMMISSIONER HILLER: That is the right Lilly pink, for
what it's worth. Even though it came from Sperry, but it's really Lilly.
MR. OCHS: I think it would look better on --
CHAIRMAN HENNING: On Tim.
Okay, we're going to go to proclamations.
Item #4
PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS — ADOPTED
Item #4A
PROCLAMATION DESIGNATING JULY 12, 2014 AS QUEENS
ALL STAR LITTLE LEAGUE DAY. ACCEPTED BY JULIA
ALESSI, LYDIA E. CARTWRIGHT, VICTORIA M. CHOINSKI,
JAZLYN CURRY, OLIVIA ECKELMAN, KAYLEA EVANS,
BROOKE HACKIM, DELANEY HEIDEL, SARA LEON, ASHLEE
LYKINS, MACIE E. MACDONALD, BIANCA PALACIOS, AND
EMILY WRIGHT — ADOPTED
MR. OCHS: Commissioners, proclamation 4.A is a proclamation
Page 16
July 8, 2014
designating July 12th, 2014 as Queens All Star Little League Day. To
be accepted by Julia Alessi, Lydia Cartwright, Victoria Choinski,
Jazlyn Curry, Olivia Eckelman, Kaylea Evans, Brooke Hackim,
Delaney Heidel, Sara Leon, Ashley Lykins, Macy MacDonald, Bianca
Palacios and Emily Wright. And I apologize if I butchered any of
those. This is sponsored by Commissioner Henning. Congratulations.
(Applause.)
CHAIRMAN HENNING: Thank you, ladies.
Item #4B
PROCLAMATION RECOGNIZING THE COLLIER MOSQUITO
CONTROL DISTRICT FOR EARNING THE WASTE
REDUCTION AWARDS PROGRAM (WRAP AWARD).
ACCEPTED BY STACY WELCH WITH COLLIER MOSQUITO
CONTROL DISTRICT — ADOPTED
MR. OCHS: Item 4.B is a proclamation recognizing the Collier
Mosquito Control District for earning the Waste Reduction Awards
Program, WRAP award, to be accepted by Jim Stark, Executive
Director of Collier Mosquito Control District.
This item is sponsored by the entire Board of County
Commissioners. If you'd please step forward and receive your award.
Stacy Welch.
MS. WELCH: My name is Stacy Welch and I'm the Director of
Administration for the Collier Mosquito Control District. And I would
just like to thank Collier County Solid Waste for educating our
employees. And more importantly, I'd like to thank Freddi Williams
who just walked up there. She's our office coordinator and she
implemented the program with our employees.
And we recognize that we're the first organization in the public
Page 17
July 8, 2014
sector to have received this award and we're honored, so thank you so
much.
CHAIRMAN HENNING: Thank you.
(Applause.)
Item #4C
PROCLAMATION DECLARING AUGUST 9, 2014 AS VICTOR
BUCKET AND PAPPY WAGNER DAY. ACCEPTED BY REG
BUXTON ON BEHALF OF VICTOR BUCKET, US NAVY
VETERAN AND USS INDIANAPOLIS SURVIVOR AND
HAROLD `PAPPY' WAGNER, US MARINE VETERAN —
ADOPTED
MR. OCHS: Item 4.0 is a proclamation to declare August 9th,
2014 as Victor Bucket and Pappy Wagner Day. To be accepted by
Victor Bucket, U.S. Navy veteran, and USS Indianapolis survivor, and
Harold Pappy Wagner, U.S. Marine veteran.
This item is sponsored by the entire Board of County
Commissioners. Please step forward and receive your award.
(Applause.)
MR. OCHS: Reg, would you like to accept on their behalf?
Appreciate that.
MR. BUXTON: All this is tied into the Spirit of'45 which
honors the greatest generation. And every year there are less and less
and less. So we have a breakfast honoring these gentlemen. Also
Peter Thomas at the Hilton on the 9th, sign-in 7:00; 8:00 to 10:00 is
breakfast and awards and speakers. And it's really great to see that this
community remains behind not only our current members of our armed
forces who are in harm's way or the people that made this happen so
we could all be here for that. Thank you.
Page 18
July 8, 2014
(Applause.)
COMMISSIONER HILLER: Leo, can you please make sure that
notice of that breakfast is put on our website so if any of the
constituents are interested in going that they have the details?
MR. OCHS: I'd be happy to.
COMMISSIONER HILLER: Thank you. That's July 9th, right?
MR. BUXTON: Yes.
CHAIRMAN HENNING: Entertain a motion to approve today's
proclamations?
COMMISSIONER HILLER: So moved.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #5A
RECOGNIZING CONNIE DEANE, PUBLIC INFORMATION
COORDINATOR, GROWTH MANAGEMENT DIVISION, AS
EMPLOYEE OF THE MONTH FOR JUNE, 2014 — PRESENTED
MR. OCHS: Commissioners, that takes us to Item 5,
presentations this morning. Item 5.A is a recommendation to
Page 19
July 8, 2014
recognize Connie Deane, Public Information Coordinator from the
Growth Management Division as your Employee of The Month for
June, 2014.
(Applause.)
MR. OCHS: Connie, stand right there for a minute, we're going
to embarrass you for another minute or two here. I want to let the
audience know exactly how valuable you are to all of us here at county
government.
Commissioners, Connie's been an employee of county
government for the last 14 years. She wears so many hats in our
growth management division, not only does she serve as our public
information officer but she also serves as our community liaison and
handles public relations for the entire division. She takes the lead role
in public information meetings, workshops, groundbreakings and
many of the dedication events that all of you have attended on a
regular basis. She's always well informed on all current projects in the
division, and she's often called upon to be the media spokesperson by
local TV stations on all the hot button issues.
She's also been very involved in the recent beach renourishment
project, making sure that everybody in the Collier County community
is informed about that project.
The word no is simply not in Connie's vocabulary,
Commissioners. She's always eager to help and is a trusted and
valuable team member who deserves not only the respect of her
coworkers but people across the agency and certainly across the
community as well, and she's obviously very deserving of this award.
And it's my privilege to recognize Connie Deane as Employee of
the Month for June, 2014. Congratulations, Connie.
(Applause.)
CHAIRMAN HENNING: Hey, go to work.
MR. OCHS: I think we're going to need her later today.
Page 20
July 8, 2014
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH AWARD FOR JULY, 2014 TO PATRICK NEALE
AND ASSOCIATES — PRESENTED
MR. OCHS: Commissioners, that takes us to our add-on item
which is 5.B under presentations this morning. It's a presentation of
the Collier County Business of the Month Award for July, 2014 to
Patrick Neale and Associates. This item to be accepted by Patrick
Neale, Principal Attorney, Carrie Hall, Paralegal, and Karen
Klukiewicz, Chief Operating Officer.
(Applause.)
MR. OCHS: Commissioners, that takes us —
Item #12A
AUTHORIZING THE COUNTY ATTORNEY, WORKING IN
CONJUNCTION WITH THE COUNTY MANAGER, TO SECURE
AN EXPERT/CONSULTANT TO ASSIST THE COUNTY
ATTORNEY IN LITIGATION RELATING TO DAN A. HUGHES
COMPANY, L.P.'S VIOLATION OF PERMIT NO. 1349H,
COLLIER-HOGAN 20-3H WELL, AND ALSO TO ASSIST THE
COUNTY MANAGER AND HIS STAFF AS TO ALL ISSUES
RAISED BY THE DRILLING AND PRODUCTION OF OIL IN
COLLIER COUNTY, AND TO WAIVE ANY PURCHASING
ORDINANCE PROVISION THAT MAY BE IN CONFLICT WITH
THIS RETENTION - PRESENTATION GIVEN BY SECRETARY
HERSCHEL VINYARD, JR. WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
Page 21
July 8, 2014
REGARDING SAFETY PRECAUTIONS THAT WILL BE TAKEN
AND DEMANDS THAT ARE BEING MADE IN REGARDS TO
THE DRILLING OF OIL BY DAN A. HUGHES COMPANY;
MOTION TO APPROVE OBTAINING AN
EXPERT/CONSULTANT TO ASSIST THE COUNTY
ATTORNEY IN LITIGATION — APPROVED
CHAIRMAN HENNING: Yeah, before we go on to our business
part of the agenda, I want to recognize two distinguished people from
Tallahassee, and that's Cliff Wilson, Deputy Secretary of Department
of Environment Protection, and Herschel Vinyard from -- who is the
Secretary of the Department of Environmental Protection. So
gentlemen, welcome.
Herschel, do you have anything for the Board?
MR. VINYARD: Yes, sir, Mr. Chairman. Thank you so much
for allowing me to speak to you all. And we have some great news.
Thank you for your invitation for us to come back in the fall and make
a more comprehensive presentation to your Commission.
What I want to talk a little bit about today very briefly is how we
plan to hold the Dan A. Hughes Company accountable for the acts that
they committed in Collier County. We know that the people in Collier
County have a passion for the natural resources and the great health
that that provides us. And I will tell you, I have a passion for the
natural resources as well. It's something that we share.
We know of course that's one of the reasons why Southwest
Florida is so popular, our natural resources that attract people from all
over the country to come and live in Southwest Florida.
Commissioners, I appreciate your involvement in this issue. Mr.
Chairman, thank you so much for your leadership on this. This has I
know really been an important, important issue for Southwest Florida.
I want to thank the Southwest Conservancy. I've spoke with
Page 22
July 8, 2014
Jennifer Hecker a little bit earlier today for her participation. The
Stone Crab Alliance and the Preserve Our Paradise, all of them have
made constructive comments to the Department regarding what
happened at the Collier-Hogan well site.
I will tell you, people in Collier County are frustrated about the
Dan A. Hughes Company, and I am too. And that's why we're going to
hold them accountable.
I will use all the tools that I have in my regulatory tool box. And
I wanted to mention to you, we sent you a packet, you received all this
information previously, but we did provide you with a hard copy. And
I don't want to take away at all from the Southwest Conservancy's
presentation today. But they did have 11 items that they mentioned in
their public petition, and I thought it would be helpful for you to very,
very quickly walk through the 11 items and tell you what tools the
Department is using to essentially implement or complete or process
these 11 items hopefully to your satisfaction.
These tools that you have in your packet, they are the consent
order; the demand letter that we sent to Dan A. Hughes Company
earlier this month; the demand letter that we sent to the Collier
Companies earlier this month; and also the regulatory authority that we
have at our disposal.
The 11 items, just here again, very, very quickly on how we plan
to hold Dan A. Hughes accountable for their actions. There was a
request by The Conservancy to have a mechanical integrity test, and
that's item number one. Happy to announce today we're going it to
have a state-wide inspection program for the 200 some odd wells that
exist in Florida today. All will have mechanical integrity tests as part
of the inspection program that we're going to do statewide. We
estimate that that will be finished by September.
The Conservancy asks for additional wells at greater depth.
Earlier this month I instructed the Collier Companies to work with the
Page 23
July 8, 2014
Southwest Conservancy and you as the Board of County
Commissioners to implement and fund any additional testing that The
Conservancy and you all deem necessary.
And that -- I want to make clear, that additional work is in
addition to what the DEP is doing currently. We are not leaving
Collier County, we are going to continue our sampling protocol at the
well site.
The groundwater flow modeling is item number three that The
Conservancy asked for. We addressed that in the Collier Companies'
demand. This task, as we understand from the Collier family, is
already underway.
Number four was an operational plan to ensure that there is not
excessive dissolution of rock. We absolutely agree. This was
addressed in the consent order and in the Collier Companies' demand
letter.
Number five, wastewater disposal. The demand letter that we
sent to Dan A. Hughes Company specifically addressed this issue.
We've asked for some additional information from them and we hope
to have that very soon. We gave a July 15 deadline to get additional
information back to the Department.
Number six, groundwater flow monitoring and dye tracer study.
That request should be resolved with the Collier County demand letter
and the consent order.
Number seven, the interim spill prevention plan. I included that
in my letter to the Dan A. Hughes Company just earlier this month.
We agree totally with that.
Number eight, a stop work order. I will tell you, if Dan A.
Hughes Company does not comply with my recent demand letter by
July 15th, all of our enforcement tools are on the table.
Number nine, additional cleanup bond. We agree. We sent a
letter to Dan A. Hughes on June 19th, asking for additional cleanup
Page 24
July 8, 2014
bonds.
Number 10, remediation of dry boreholes. That was included as
an -- we believe it's covered in our demand letter to the Collier
companies.
And the large pad liner, which is number 11, we also agree that
that is included within the purview of our demand letter to the Collier
Companies.
Again, Mr. Chairman, I will say that I appreciate your leadership
and support. I appreciate the environmental organizations that
weighed in on this. I want to thank again the Stone Crab Alliance, The
Conservancy and Preserve Our Paradise, and we certainly look
forward to working with the County Commission on this.
CHAIRMAN HENNING: Okay. Mr. Miller, obviously we have
some problems with our sound system.
MR. OCHS: Mr. Chairman?
MR. MILLER: If we could take an intermission.
UNIDENTIFIED MEMBER FROM THE AUDIENCE: We're
not hearing.
CHAIRMAN HENNING: Too bad Kady had to --
UNIDENTIFIED MEMBER FROM THE AUDIENCE: Excuse
me, we can't hear anything.
MR. OCHS: Can we take two minutes, sir, take a quick break,
we'll fix that.
CHAIRMAN HENNING: Thank you.
(Recess.)
CHAIRMAN HENNING: Ladies and gentlemen, Commissioner
Coyle, due to the audio problems that we're having, that we're going to
hookup a new system and probably take about an hour. We're going to
be in recess until these mics are all fixed.
MR. OCHS: 11:00 a.m., sir.
CHAIRMAN HENNING: Approximately 11 :00 a.m. So we are
Page 25
July 8, 2014
in recess until these mics are fixed.
MR. OCHS: Thank you.
COMMISSIONER FIALA: Are you sweating, Troy?
MR. MILLER: Just a little. I'm too old to do all that.
(Recess due to technical difficulty.)
CHAIRMAN HENNING: Okay, Commissioner Coyle, can you
hear me?
(No response.)
MR. MILLER: He's not going to be there, sir. That's not going
to work. If we do him, he's only going to be able to hear through a
phone.
CHAIRMAN HENNING: Well, when you get Commissioner
Coyle on so we can hear us and we can communicate, let us know.
MR. MILLER: I think that's what Leo and Mike Sheffield are
going to do.
MR. OCHS: We're okay, Mr. Chairman.
CHAIRMAN HENNING: Okay, Commissioner Coyle is going
to participate by phone; is that correct?
MR. MILLER: Yes, sir.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: So how do we know when he wants to
communicate or participate?
MR. OCHS: Well, Mr. Durham's going to monitor the phone call
with Commissioner Coyle. He'll be monitoring the discussion through
the hand-held mic. And if he wants to make a comment, he'll tell Mr.
Durham, who will then put the microphone up to the phone.
CHAIRMAN HENNING: And I'm assuming that Commissioner
Coyle can hear the conversation of today's proceedings of; is that
correct?
MR. OCHS: Yes. That's -- that's the intent.
CHAIRMAN HENNING: Okay, so Tim, we're counting on you.
Page 26
July 8, 2014
MR. DURHAM: Yes, sir.
CHAIRMAN HENNING: So don't fail us, please.
MR. DURHAM: Yes, sir.
MR. OCHS: Mr. Chairman, I know that the Secretary was kind
enough to make some remarks a little while ago, but I'm not sure that
we captured those, and it might be good for the viewing public and the
audience here if the Secretary would be kind enough to maybe restate
those points.
CHAIRMAN HENNING: Or summarize?
Yes, if you would, Mr. Secretary, thank you.
MR. VINYARD: It's great when we have technology, right?
Again, Commissioners, Mr. Chairman, thank you so much for
having me here. And I know this is an important day for all of us. I
was able to get to meet some of your constituents actually during the
break so I was pleased to be able to visit with them and hear personally
their concerns.
As I mentioned, I know the folks in Collier County are frustrated,
and I'm frustrated as well. I think that The Conservancy and the Stone
Crab Alliance and the Preserve Our Paradise folks have been very
active in this and I appreciate their involvement. Obviously public
participation is paramount.
And as I mentioned, sir, I'd like to address, without taking away
from Jennifer's presentation, Ms. Hecker's presentation, but walk
through the four items which I believe will be able to address the 11
issues that The Conservancy will discuss.
We have four tools available to us, as I see it: The consent order;
the demand later that I sent earlier this month to the Dan A. Hughes
Company; the demand letter to the Collier Companies; and the
Regulatory Authority at our disposal, all of which can be used to hold
the Dan A. Hughes accountable for what's going on out there.
The first one that The Conservancy mentioned was the
Page 27
July 8, 2014
mechanical integrity test. And as I announced a little bit earlier today,
we are going to conduct a state-wide oil well inspection program. And
we expect that the 200 wells that exist today in the State of Florida will
all be inspected by September.
The second item was a request to drill some additional wells at
greater depths. And I sent a letter to the Collier Companies asking
them to take over some of these tasks; implement and fund some of the
activities that we all believe need to be performed.
The third one is a groundwater flow modeling. And I believe also
that that is being addressed in the Collier demand letter. And as I
understand from the Collier Companies that task is already underway.
Number four, the operational plan to ensure that there is not
excessive dissolutions of rock. We agree. We believe it's also been
addressed in both the consent order and in the Collier Companies'
demand letter.
Number five is the wastewater disposal. I went into detail about
that in my demand letter to the Dan A. Hughes company that I sent
earlier this month.
Number six, groundwater flow monitoring and dye tracer studies.
We believe that that is included in the Collier Companies' demand
letter, as well as the consent order.
Number seven, the interim spill prevention plan, I specifically
addressed that in the Dan A. Hughes demand letter.
Number eight, stop work order. As I stated, we have a deadline
of July 15th in our demand letter to the Dan A. Hughes Company, and
all options will be on the table of what we do if they fail to comply.
Number nine is the additional cleanup bond. And we sent a letter
June 19th to the Dan A. Hughes Company. We think that's a smart
move and we have not heard back.
Number 10 is remediation of dry boreholes. We think that's
covered under the Collier Companies' demand letter sent early this
Page 28
July 8, 2014
month. And finally, number 11 is the large pad liner, and that we
believe also is covered under the Collier Companies' demand letter.
I look forward to working with you, Mr. Chairman, and members
of this Commission and welcome any questions on how we plan to
hold Dan A. Hughes accountable for these unlawful acts.
CHAIRMAN HENNING: Thank you, Mr. Secretary.
Commissioner Hiller has a question for you.
COMMISSIONER HILLER: First of all, thank you very much
for coming to -- it's Commissioner Hiller -- for coming to Collier
County.
CHAIRMAN HENNING: Commissioner Fiala, I turned your
light off. Are you done?
COMMISSIONER HILLER: No, I just started. I'm just warming
up.
All right, let me continue.
We have a very affectionate relationship, I just want you know. I
love him very dearly.
COMMISSIONER FIALA: Careful, careful, don't say too much.
TMI, TMI.
COMMISSIONER HILLER: PDA, public display of affection?
All right. So I was saying, thank you very much for coming to
Collier County. I wish it had not taken as long as it did. I do
apologize for the inconvenience of causing you to wait because of the
malfunction in the mics.
During the break you asked if we could speak, if you could
answer any of my questions, and my response to you was no, that was
not an option. And the reason that's not an option is because I have
consistently refused to meet with you. The reason being, I feel that
conversations about this issue, any discussion about this issue, has to
be held in the public forum. And any dialogue we have has to be fully
viewable and in front of the public that is affected by the issue before
Page 29
July 8, 2014
us today.
Now, I have read the letters that you have sent out. And quite
frankly, I view what's happening here today as nothing more than a
public relations attempts on your part to try to excuse what you should
have done a long time ago. And I don't mean you personally but you
as in the DEP. And you seem like a very nice man. However, my
concern is DEP has failed to do what it has an obligation to do
vis-a-vis the citizens of the State of Florida. And I would like to
address my concerns.
To begin: Months ago these citizens came before our Board and
said we want to be sure that there is no contamination, please get
testing done. And you didn't do anything. And so what I did is I
turned to our staff and with the support of this board we asked our staff
to have reach out to the Collier Resources Company and to ask them to
test their wells, to hire experts and to go out there and make a
determination as to whether or not there was any contamination.
And they came back immediately and they said, we welcome the
opportunity to do that. And they committed their own resources and
we as a Board committed our resources to work with them to test.
So what you're saying now comes a little late, if I may say so.
The second thing I will say is that, you know, you send this letter
and you've got all these demands that you're imposing on them. And
again, that comes too late. Because at the last meeting I turned around
and I with the support of the Board again requested staff reach out to
the Colliers and to Collier Resources and the Dan A. Hughes Company
and ask them to cease and desist -- who's -- to cease and desist any
time further fracking or fracking-like drilling in the absence of DEP's
determination as to whether or not it is safe. And if in fact it is safe, to
have regulations in place to ensure the public's ongoing safety. And the
Colliers came back, Collier Resources came back, Dan A. Hughes
came back, and they said we would be happy to stop doing it. So
Page 30
July 8, 2014
again, your demands come too late.
In fact, I have a letter here which you sent to Mr. Gable and Mr.
Flood, and I'm going to read it to you the way I would have written it
to DEP. And I'm going to read every paragraph in turn and turn it on
its head. Because at the end of my reading this letter back to you, I am
going to request as a Collier County Commissioner, as an elected
official in the State of Florida, on behalf of the Collier County
residents and on behalf of the residents of the State of Florida, that you
do certain things and that you bring those things back to this Board the
second meeting in September.
And so I'm going to start the letter. And the letter starts: "Dear
Mr. Gable and Mr. Flood." And I'm going to change it to, Dear
Secretary Vinyard and staff of DEP.
"As you know, the actions of Dan A. Hughes has left families in
Collier County at unease." And I'm going to change that to read, as you
know, the actions of DEP has left families in Collier County at unease.
"And we notified the company that they must fulfill a list of
demands by the Department of Environmental Protection."
And I'm changing that to read: And we are notifying DEP that
they must fulfill a list of demands for the benefit of the residents of
Collier County and the State of Florida.
"As part of ensuring we do everything possible to protect our
families' groundwater from activities at the Collier-Hogan site, the
Department went above and beyond to begin its own water testing on
June 24th, 2014."
And I'm changing that to read: The Collier County Board of
County Commissioners, along with Collier County staff went above
and beyond to begin its own water testing in cooperation with Collier
Resources, ahead of any action by DEP.
"To date, the tests that were administered by the Department in
two private labs have indicated that groundwater has not been
Page 31
July 8, 2014
impacted. However, public trust has been damaged by Dan A.
Hughes' previous actions."
I'm changing that to read: However, public trust has been
damaged by DEP's previous inaction.
"As you stand to benefit financially from the company's activities
on your property, we instruct you to work with both Collier County
and The Conservancy of Southwest Florida to develop long-term
groundwater monitoring strategies."
And I change that to read: It is DEP's responsibility to develop
long-term groundwater monitoring strategies, working with Collier
County, working with The Conservancy, and working with the other
nonprofit agencies that have devoted time and resources to protecting
the public's interest when DEP did not.
"Based on sound science that ensure the safety of current and
future operations."
That's your responsibility.
"Furthermore, we instruct you to exclusively fund the
implementation of these strategies."
And I changed that to read: Furthermore, DEP needs to fully
fund the implementation of these strategies.
It goes on to say: "We look forward to seeing your plan."
And I change that to read: We, the Board of County
Commissioners, we, the citizens of Collier County, we, the citizens of
the State of Florida, look forward to seeing DEP's plan.
"Obviously consistent with DEP's obligation to safeguard the
community and the environment, we will continue our monitoring
efforts at this site."
And my response is: Obviously consistent with the Department's
obligation to safeguard the community and the environment, we the
Board of County Commissioners look forward that you continue your
monitoring efforts at this site.
Page 32
July 8, 2014
What I ask of you and the DEP is what we have asked all along.
This is DEP's obligation. But for the fact that DEP failed to in the first
place make a determination whether this type of drilling is safe for the
State of Florida; and secondly, if it is safe, to implement regulations to
ensure the ongoing safety of this type of drilling, we would not be here
today.
So what I'm asking is if you would please come back in
September and please tell us whether this type of drilling is in fact safe
or it is not safe as the case may be, as you make that determination. If
the decision by DEP that this type of drilling is safe, then come back
with regulations to continue protecting the public's interest. And that is
what we need.
And if we had had that in the first place, Dan A. Hughes either
would not have been allowed to drill to begin with; or secondly, if they
were allowed to drill, there would have been regulations in place that
would have assuaged the concerns of these people and we would not
have had months and months of citizens here worried sick about the
public's safety and health and welfare.
So with that, I would like to ask Mr. Fox, who is here
representing Collier Resources Company, to please read the letter that
Collier Resources has prepared on the record so everybody knows
what they and Dan A. Hughes has agreed to do with respect to drilling.
Could you please step up to the mic.
CHAIRMAN HENNING: I guess I'm not in charge.
COMMISSIONER HILLER: Not for the moment.
CHAIRMAN HENNING: I mean, we have somebody else
conducting this circus, so please --
COMMISSIONER HILLER: It's not a circus, it's very important.
CHAIRMAN HENNING: Please.
MR. FOX: Thank you, Chairman Henning, and Mrs. Hiller,
members of the County Commission. My name is --
Page 33
July 8, 2014
COMMISSIONER HILLER: Could you speak into the mic; we
can't hear you.
MR. FOX: Sorry. My name is Jim Fox. I am with the law firm
of Roetzel and Andress and I represent Collier Resources Company.
And they have sent a letter to the Board of County Commissioners
which they've asked me to read.
Dear Chairman Henning: In recent months Collier Resources
Company has closely followed the public debate regarding the
activities of Dan A. Hughes Company of Texas, which is one of our
lessees, not a contractor as some have reported.
The public debate was initially focused on Hughes's plan to drill
an exploratory well in a farm field adjacent to eastern Golden Gate
Estates. More recently much attention has been paid to a well that was
completed by Hughes in an area south of Lake Trafford. DEP has
publicly stated that Hughes was caught using a new and unapproved
exploration method when it completed this well. It is our
understanding that Hughes has denied any wrongdoing and that it
asserts that it has not broken any laws. It is important to note that
neither the cease and desist order or the consent order issued by DEP
have asserted any illegal activity.
Regardless, during the months following DEP's initial
announcement, we have been highly concerned by a flurry of
inaccurate and misleading media reports regarding a business that
Collier Resources Company has operated without issue whatsoever
since World War II.
The resulting public confusion has created an environment where
a number of groups, well intentioned or otherwise, have made
unsubstantiated and inaccurate claims about unplugged oil wells, oil
drilling in the Everglades, threats to the Florida panther and most
recently the safety of our drinking water.
When we learned of these allegations, particularly as it relates to
Page 34
July 8, 2014
clean drinking water, we were the first to raise our hands and volunteer
to immediately undertake water quality testing and groundwater
modeling in the area adjacent to the Hughes well. We agreed to pay
for the testing. We also agreed to utilize an independent subject matter
expert that has been vetted and approved by the Collier County staff.
We would expect the subject matter expert to evaluate all reasonable
recommendations, including recommendations from The Conservancy
of Southwest Florida regarding the nature and scope of any necessary
testing. We only insist that the testing be based on sound science and
that it is guided by modeling and is independently verifiable.
We wholeheartedly endorse DEP's decision to begin its own
testing on June 24th, 2014, and we look forward to learning of the
results as they become available.
In general, it seems that much of the recent controversy stems
from the fact that in its first and only exploratory well Hughes
apparently used a well completion method that is new in Florida.
Although this method is very common in other parts of the country, it
is not a method that DEP has -- it is a method that DEP has requested
additional time to study.
At the June 24th, 2014 meeting of the Collier County Board of
Commissioners, Commissioner Hiller requested that Collier Resources
Company meet with Hughes and seek agreement that this method
would no longer be used until such time as DEP has done whatever it
needs to do to determine whether or not it is an acceptable method or
not. Collier Resources Companies agrees with this request and
Hughes has agreed as well.
Additionally, until such time as DEP has issued clear regulations
regarding these new well completion methods, Collier Resources
Company will make sure that any future leases with third-party
exploration companies are limited to oil exploration using
conventional approaches that have been well accepted and understood
Page 35
July 8, 2014
in Florida since 1943.
Collier Resources is a dedicated community partner that has been
involved in oil exploration and development in Collier County for
decades. We trace our roots to the founder of Collier County. This is
our home. It is where we live and work and raise our children. We
take the issue of clean water and public safety very seriously.
Sincerely, Tom Jones, Vice President.
CHAIRMAN HENNING: Mr. Fox, this is with all leases, not
only Dan A. Hughes, but others that will not conduct any sort of
alternative drilling such as fracking?
MR. FOX: Collier Resources has taken the additional step to
have those conversations with all of its lessees, yes, Chairman.
CHAIRMAN HENNING: And everybody's agreed to that?
MR. FOX: Yes.
CHAIRMAN HENNING: Until we can resolve this issue?
MR. FOX: Yes, sir.
CHAIRMAN HENNING: And, you know, Secretary's initial
consent order, there was stated there would be no work orders. That
means there would be no other alternative well drilling other than the
conventional well drilling. You recognize that.
I also recognize that the Secretary is here today, along with the
Deputy Secretary, and their commitment is wide. And their
commitment to come back to the Board of Commissioners in a future
meeting to hopefully resolve this issue is a commitment of the agency,
okay?
So I know this is an emotional issue for some. And like the
Collier Resources Company, they want the facts and not emotion. And
that's what I'm looking forward to in a future meeting to address is the
factual information. And I think that we can resolve this through
diplomatic approaches and respect to all.
Commissioner Fiala, I apologize. Do you have a question for the
Page 36
July 8, 2014
Secretary?
COMMISSIONER FIALA: I have two comments. One question
and one comment.
The first comment was I just wanted to add that I too had spoken
to representatives from CRC and asked the same question, and so I
totally agree with Commissioner Hiller taking the lead on this. I'm
glad you did too. Your voice seems to be a little louder than mine, so
it's good that you've taken the helm.
Secondly, I have a question.
COMMISSIONER HILLER: We're partners, Commissioner
Fiala.
COMMISSIONER FIALA: Will there also be restrictions
regarding the proximity to residential homes? In all these years
drilling has always taken place in more remote areas, and now this
lessee is planning to drill in the backyard of homes with the likelihood
of this happening repeatedly. And I just wanted to make sure that we
keep the sanctity of peoples' residences, their homes, safe from any
drilling in that area.
CRC has always been very careful about not drilling near homes.
This lessee seems to have a different philosophy. And I would
encourage them to put some restrictions in place also and with your
overseeing. Thank you.
CHAIRMAN HENNING: Secretary?
MR. VINYARD: Commissioner, I fully expect that in the 2015
Florida legislative session that they will be reviewing the statutes that
govern DEP and the activities that take place in Florida.
CHAIRMAN HENNING: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes, I very much look forward to
DEP developing the best management practices going forward for
Collier County that fully take into account the sensitivity of our
environment and the sensitivity of our resources impacting the health
Page 37
July 8, 2014
and safety of our citizens.
I would further request, Mr. Secretary, that in -- I very much
appreciate you copying us when you send a letter to the Chair. But I
would also ask you to be so kind as to also send us your communiques
through something other than a press release to interested media. I
think it would aid our communication a great deal. And if you don't
have our email address, just copy to the Chair, he can have a one-way
communication with us. But I would appreciate it. That way we can
also keep our citizens informed in a timely basis without getting a
subscription to the Tampa Tribune. Thank you.
MR. VINYARD: Yes, sir.
CHAIRMAN HENNING: Okay, thank you. Have a safe travel
back to Tallahassee.
MR. VINYARD: Thank you, Mr. Chairman.
CHAIRMAN HENNING: Thanks for being here.
Now, the item that came off the consent, 16.K.5, Mr. Fox, you
still want to speak on that, or was that what you wanted to speak on?
MR. FOX: I've spoken, Mr. Chairman. Thank you.
CHAIRMAN HENNING: And that's what I'm afraid of, that
item, we have several speakers on that, has nothing to do with the item
on there.
COMMISSIONER HILLER: It can wait 'til public comment.
CHAIRMAN HENNING: And we have public comment for
those issues. Unless there's any objections, I'll entertain a motion to
approve 16.K.5 and now is 12.A.
MR. MILLER: I just want to make sure, you're saying that I
should take the speakers for 12.A and move them to public comment?
CHAIRMAN HENNING: Correct.
MR. MILLER: Thank you, sir.
COMMISSIONER FIALA: Could we just take a guess as to
when 12.A will -- will that now be at 1 :00 again or --
Page 38
July 8, 2014
CHAIRMAN HENNING: Yeah, right now. I'm going to make a
motion to approve 12.A. Is there a second?
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #6A
PUBLIC PETITION FROM CAITLIN WEBER REPRESENTING
THE CONSERVANCY OF SOUTHWEST FLORIDA,
REGARDING THE COLLIER COUNTY PETITION FOR A
FORMAL ADMINISTRATIVE HEARING CHALLENGING THE
CONSENT ORDER BETWEEN THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP) AND DAN A.
HUGHES COMPANY. THE CONSERVANCY WOULD LIKE TO
DISCUSS GROUNDWATER MONITORING EFFORTS AND
PRESENT UPDATED INFORMATION - PRESENTATION
GIVEN BY JENNIFER HECKER WITH THE CONSERVANCY
OF SOUTHWEST FLORIDA
CHAIRMAN HENNING: Next item is the public petition by
Caitlin Weber.
MR. OCHS: Actually, it's Jennifer Hecker, sir, instead of Caitlin
Weber, representing The Conservancy of Southwest Florida regarding
Page 39
July 8, 2014
the Collier County petition for a formal administrative hearing
challenging the consent order between the Florida Department of
Environmental Protection and Dan A. Hughes Company.
CHAIRMAN HENNING: Okay, are we recognizing this is The
Conservancy's petition and not Caitlin Weber's, as communicated
within our agenda.
MS. HECKER: Caitlin Weber is a staff that works for me and
she submitted the request on my behalf.
CHAIRMAN HENNING: Okay, that is --
MS. HECKER: Of behalf of the Conservancy. And it was
enumerated as that.
CHAIRMAN HENNING: This is -- we're not taking any other
speakers on your item.
MR. OCHS: No, Ms. Hecker is speaking in place of Ms. Weber
representing The Conservancy. They both work for The Conservancy.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I just -- before we get
started, I want to make sure that we don't go through a discussion here
where what has been asked of by Conservancy has already been taken
care of by the county.
County Attorney, can you speak to that? Because -- and I'm not
sure if my understanding is correct, but I thought that you had already
incorporated everything that's about to be presented here.
MR. KLATZKOW: I'm not sure what's about to be presented. I
incorporated what was in the petition.
COMMISSIONER HILLER: Isn't that what you're putting
forward?
MS. HECKER: That's what we had originally asked, but we
actually have a new request as part of our petition today --
COMMISSIONER HILLER: Could you --
MS. HECKER: -- which is incorporated in this presentation.
Page 40
July 8, 2014
COMMISSIONER HILLER: Can you limit your presentation to
what is not incorporated in the amended complaint by the County
Attorney? Don't go through what has already been incorporated.
MS. HECKER: Right, I will skip past anything that I feel was
covered.
COMMISSIONER HILLER: What we need to do is just focus
on what additional --
MS. HECKER: Right.
COMMISSIONER HILLER: -- wording you are asking be
added.
MS. HECKER: Okay. Certainly, I will do my best.
COMMISSIONER HILLER: Because we've already considered
all the other stuff.
MS. HECKER: Yes.
So before I begin, I just would like to start with a couple of
remarks based on what we've just learned, and in the interest of time
trying to not be redundant.
Good morning. Jennifer Hecker on behalf of The Conservancy of
Southwest Florida and our more than 4,500 members.
The Conservancy of Southwest Florida greatly appreciates
Secretary Vinyard personally attending the Collier County
Commission today and addressing the public's concerns.
However, what DEP is outlining is not satisfactory in addressing
our or the county's request. The Conservancy and the county's primary
request to DEP has and continues to be to revoke the permit to the Dan
A. Hughes Company for their Hogan oil well.
Dan A. Hughes has repeatedly willfully disregarded state
regulations and directives from our state regulatory agency. First when
they undertook the unauthorized fracking-like activities, second when
they didn't cease and desist immediately after DEP directed them to do
so, not agreeing to DEP's desire to conduct a press conference out of
Page 41
July 8, 2014
the site, and now today not appearing and providing a presentation to
the Collier County Board of County Commissioners as DEP directed
them to do so in its most recent demand letter.
The bottom line is DEP has already settled with Dan A. Hughes,
an illegally binding agreement, the consent order. DEP cannot add
legal requirements after the fact without number one, the existing
consent order being overturned, as Collier County is seeking in their
petition for an administrative hearing; or two, Dan A. Hughes
voluntarily accepting additional terms, which we've seen absolutely no
evidence that they are willing to do over the many months where this
has been discussed.
That is why the county must continue to legally challenge the
consent order to bring about meaningful enforcement. DEP's outlining
of actions today is not satisfactory also because it's not appropriate to
pass off these responsibilities to Collier Resources or the Dan A.
Hughes Company. Any of the necessary modeling, sampling or
remediation should be done by DEP, since both of the companies
involved have a direct financial interest in this issue and therefore have
an inherent conflict of interest in paying and retaining for a consultant
to do the work in a way that truly protects the public's interest.
So we've brought you today the science and the facts to show you
what the risk is to our public water supply from its unauthorized
activity, to give you some graphics as some of the Commissioners had
requested of us, to provide you additional information to clarify why
you and the public is right to support continued legal action to overturn
this deficient enforcement in the consent order. It is absolutely
necessary and it's warranted.
And to strengthen the county's efforts, The Conservancy is
requesting some additional steps. We are requesting that the Collier
County Board of County Commissioners authorize the County
Attorney to not only hire a technical consultant, as is being
Page 42
July 8, 2014
recommended, which we support, but also to consider hiring additional
outside counsel that has specific expertise in the administrative hearing
process and oil and gas regulations and law, and has no financial ties of
course to Dan A. Hughes or the Collier Resource Company.
And we have in the our presentation here, if you might allow me,
I'll go very quickly, this is, the front page, a list of chemicals, disposed
chemicals that we've now obtained from the Dan A. Hughes Company
to DEP. You'll see the first white row, if you can read that, is actually
hydrochloric acid, which is the acid that we've heard repeatedly about.
But all these other chemicals are chemicals that were planned to be
utilized during the work-over operation. So I think there's a cause for
concern there.
Wanted to make it clear that the testing is being conducted right
now by DEP in their surficial aquifer, but that Collier County relies on
several different aquifers for its public water supply, not just the
surficial aquifer which extends to 100 feet deep but also the
intermediate aquifer which is 150 to 820 feet deep and the upper
Floridan which is 820 to 1,100 feet deep.
So all of these water supplies are at risk because the chemicals
were injected beneath them thousands of feet underground. And there
are pathways for potential contamination that need to be investigated
to ensure that contamination did not occur.
Also the well fields, where are they located? This is a map of the
Collier County well fields. You can see the horizontal drilling where
the fracking-like activities took place is outlined in orange at the top of
the sheet, and there's a red arrow indicating where down gradient of
that activity there are several major Collier County well fields.
So we're concerned about again the risk to public water supply.
We're not talking about the old traditional type of drilling, vertical
drilling which has occurred for decades in Collier County. This is new
extreme extraction. Horizontal drilling using high pressure injection of
Page 43
July 8, 2014
chemicals and proppants like sand. It is a whole different type of
process and technique than we have utilized. We have a very unique
hydrology and geology down here in Florida and we need to be
especially careful using these techniques that pose greater risk to water
supplies.
You can see here several photos that were taken on-site at the
time of the violation of chemical formulations that are clearly labeled
that they may cause cancer.
There is an excerpt from DEP's own cease and desist order which
said that the department was not satisfied that Dan A. Hughes had
provided information about the work-over, that it would be protective
of the state's groundwater resources.
So they recognize it, we recognize it. They did it anyhow. And
now we have to deal with the consequences. We need effective
enforcement and remediation, and we cannot get that without legally
overturning the consent order, because that is the legal settlement
between Dan A. Hughes and DEP. DEP can demand whatever it
wants at this point and it can ask for additional terms, but it legally
can't require those additional terms, because the consent order was
finalized months ago. So that is why Collier County has to proceed
with the administrative hearing process to get that rectified.
This is a depiction, a 2D dimensional depiction of the well, the
distance to the dry borehole well 86. That is only 182 feet away. It
does not intersect. But in 2D the horizontal drilling leg did go right
past it 182 feet away. You'll see it as the same approximate depth as
where those drilling fluids were injected. Those drilling fluids are
more bouyant because they're being mixed with freshwater. At that
depth you're dealing with saltwater. So what's happening is those
fluids will want to migrate upward like a bubble wants to rise to the
surface. They're going to look for a pathway to do it. If they can find
a vehicle to move upward, they will.
Page 44
July 8, 2014
We have here a potential vehicle with this improperly plugged
borehole. We've seen records. The records only show that the
plugging was back in the early Fifties. That is by no means acceptable
plugging under today's industry practices.
So we still have concerns. Again, the concern is that the fluids
were being injected down, moving horizontally with the plugging
being improper or aged. That could have allowed for upward
migration in these boreholes right up into the USDW, which is the
underground source of drinking water, which Collier County relies on
for its public supplies.
So this just shows you the concern is for migration of fluids
outside the borehole. That's why we think sampling needs to be done
very deep in those boreholes, actually in the boreholes. Right now
DEP is talking about setting up a few shallow or relatively shallow
groundwater map wells nearby those boreholes but not actually going
in them. We think they should go in them and they should go very
deep down closer to where one would be likely to detect this type of
contamination.
And then we're also concerned that the well itself could have been
compromised. There's been continued production activities. Even if
they're not undertaking the fracking-like activities, they're continuing
to produce out of that well. If that well casement has been
compromised as a result of the pressure, there could be cracks or things
that would allow leaking of fluids out from that well which would be a
source of contamination, which is why there needs to be not only the
mechanical integrity test, but the dye tracer studies, the groundwater
flow modeling and also deeper monitoring wells installed that go down
past the USDW, which is 1,850 feet deep, based on Slumberger, the
consultant for Dan A. Hughes and the Collier Resource Company.
Based on their own documents they've identified the underground
source of drinking water to extent to 1,850 feet below the surface,
Page 45
July 8, 2014
which is why we are suggesting that the testing be done immediately
below that to detect any upward migration of fluids before they get
into public supplies.
This again is just showing a graphic very quickly. You see the
red lines are where DEP is monitoring, versus the green lines of where
they should be monitoring, a very large differential. The monitoring
being done right now is too shallow to effectively sample for this type
of contamination. It wouldn't detect contamination from these
fracking-like activities until all the public water supplies were
essentially contaminated. Because it is sampling above those water
supplies rather than below, as it should be done.
This is all the list of the things we provided. We heard of some of
these today. There's some movement. But again, a lot of that was
being punted to, you know, demand letters. And again, we've not seen
these demands being met. We have no reason to believe that they will
be.
So we think again that it would be in the county's interest to retain
outside counsel to assist the County Attorney in getting someone who
has also that specific expertise in administrative hearing law and at oil
and gas law and regulations. And we have suggested an amended
motion here that would secure that type of expertise to assist the
County Attorney in your efforts going forward. Thank you very much.
CHAIRMAN HENNING: Commissioner Hiller?
(Applause.)
COMMISSIONER HILLER: Jeff, can you comment as to
whether or not you think there's a need to hire counsel as
recommended by Conservancy?
MR. KLATZKOW: I don't know yet. I do have outside counsel
with administrative expertise, Nabors Giblin, which we've used for
many, many years.
COMMISSIONER HILLER: They're very well --
Page 46
July 8, 2014
MR. KLATZKOW: Whether I need somebody else at this stage
of the proceedings, I don't know. If it gets to the point where I believe
I will use it, I'll need a budget amendment at that point in time and it
will come back to the Board.
COMMISSIONER HILLER: Then I think that's how we should
deal with this petition, allow the County Attorney to evaluate his need.
You've satisfied the need to bring in an expert in administrative law. If
you, as you go through the process, make a determination you need to
bring in an oil and gas attorney, please come back to the Board and
allow us to give you an amendment to your budget to make that
happen.
MR. KLATZKOW: Okay.
CHAIRMAN HENNING: Anything else?
COMMISSIONER HILLER: (Shakes head negatively.)
CHAIRMAN HENNING: Next item?
Item #11D
A PURCHASE AGREEMENT IN THE AMOUNT OF $3,337,500
WITH KIROPA ISLAND, LLC FOR THE PURCHASE OF 1 .84
IMPROVED ACRES ON ENTERPRISE AVENUE FOR THE
SUPERVISOR OF ELECTIONS, AND A $17,740 BUDGET
AMENDMENT — APPROVED
MR. OCHS: Yes, sir, we had a 10:45 time certain. That would
take us to 11.D. That is a recommendation to approve and execute a
purchase agreement in the amount of$3,337,500 with Kiropa Island,
LLC for the purchase of 1 .84 improved acres on Enterprise Avenue for
the Supervisor of Elections and approve a $17,740 budget amendment.
Ms. Price is available to make the presentation.
CHAIRMAN HENNING: Questions by the Board?
Page 47
July 8, 2014
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner -- I'm sorry, motion to approve by
Commissioner Fiala, second by Commissioner Hiller.
We have public speakers?
MR. MILLER: Yes, I have one registered public speaker. Joyce
Fletcher.
MS. FLETCHER: No need, thank you.
MR. MILLER: She'll waive.
CHAIRMAN HENNING: You know, the concern I have on this
is it's not just the dollars requested to purchase the property, it's the
dollars -- potential dollars to retrofit for a certain user. My
understanding, this building has adequate offices and adequate storage.
So I need to have some kind of commitment by the Supervisor of
Elections on cost containment of retrofitting this building.
MR. PRICE: She's here, she can answer those questions for you.
MS. EDWARDS: Good morning.
CHAIRMAN HENNING: Good morning.
MS. EDWARDS: Jennifer Edwards, Supervisor of Elections.
Mr. Chairman, I will work very closely with the county staff and
do everything we can to be as conservative as possible while providing
the best service we can once we move into the space.
CHAIRMAN HENNING: Okay, you've reviewed the building.
Does it fit your needs?
MS. EDWARDS: Yes, it does fit our needs, but it will need
modifications.
CHAIRMAN HENNING: What are we talking about
modifications?
MS. EDWARDS: We're talking about office walls, partitions, the
-- I know that in the warehouse we will need to provide climate
Page 48
July 8, 2014
controlled equipment to make the area meet the standards that will be
required for the voting equipment, electronic equipment.
CHAIRMAN HENNING: Well, you recognize that we don't --
we have to budget, we have to take out of-- either borrow money
raising our debt or take our existing budget and amend it. Therefore,
you know, somebody's not going to get what they -- what has been
budgeted. You recognize that, right?
MS. EDWARDS: Of course I recognize that.
CHAIRMAN HENNING: Okay. So if we can hold the cost
down to the bear minimum until we have some monies to, you know,
do some retrofitting, I mean, we have air conditioning to replace, we
have roofs to replace. We have a lot of things that we have put off for
a number of years. So your cooperation in cost containment would be
much needed in this building, unanticipated expense.
MS. EDWARDS: I understand. And as I said, I will work with
the county staff.
And I want to thank you all for your consideration of this. And
actually, on behalf of all of our staff, over 800 election workers, as
well as the voters of Collier County, thank you for considering this
purchase.
And I want to thank the County Manager and his staff for
working so hard to get this item quickly turned around and back on the
agenda today.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER HILLER: Why don't you just translate what
he says.
MR. DURHAM: Commissioner Coyle relays that he's supportive
of Jennifer's request. He feels it's something that's been needed for
quite some time. However, he also is cognizant of the need to keep
improvements and renovations to a reasonable amount.
CHAIRMAN HENNING: I agree. Thank you, Commissioner
Page 49
July 8, 2014
Coyle.
MR. DURHAM: Thank you, Commissioner Coyle.
CHAIRMAN HENNING: Okay, discussion -- oh, I've got
everybody wanting to speak. I apologize. Who was first?
COMMISSIONER FIALA: I don't know, but I'll go first.
CHAIRMAN HENNING: Go first.
COMMISSIONER FIALA: You will be saving us some money
too because of the places you'll be moving out of and that rent money
can be used to help upgrade the building that you're going to be
moving into, I'm sure.
MS. EDWARDS: That's correct. We've been leasing space. But
also the county staff will have the space that we're in now here at the
county complex for expansion.
CHAIRMAN HENNING: Government expansion?
MS. EDWARDS: Well, let's say they just need more space so
they can move in where we are now.
COMMISSIONER HILLER: We'll give Leo the space as a
bigger office.
MR. OCHS: That's okay.
CHAIRMAN HENNING: I'd rather do that than grow
government.
Commissioner Hiller?
COMMISSIONER HILLER: I agree with Commissioner
Henning.
Leo, what was the estimated cost to improve that?
MR. OCHS: Commissioner, I honestly don't have that for you
right now. That's why we need the summer to work through the
renovation plans or the modification plans, incorporate that into the
financing options or funding options that we plan to bring back to you
at your first meeting in September.
We hear the Board loud and clear. Ms. Edwards and I have had
Page 50
July 8, 2014
that discussion already. She's well aware and so am I about the need to
keep the modifications down to the bear minimum that are reasonable
and consistent with your county space plans that you employ
throughout all of your office buildings and your warehouse facilities.
And I'm confident we can come up with a good plan that's cost
effective and will serve the citizens well.
COMMISSIONER HILLER: And you'll bring that plan to us
before you do anything in the fall?
MR. OCHS: Yes, ma'am. As we indicated the last meeting when
we talked about this, we will bring you funding options at your first
meeting in September. That will be in advance of the final adoption of
your FY 15 budget. So we'll have that decision from you and
incorporate that into your final budget document.
COMMISSIONER HILLER: Got it, thank you.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Ochs, you are going to
pursue a purchase agreement. I assume that you have due diligence
that you have to do before that agreement is going to be executed; is
that not correct?
MR. OCHS: Yes, sir. And as the staff pointed out in the
summary, we have 75 days of due diligence to undertake. And as the
County Attorney rightfully pointed out, this contract is a sales contract.
It's subject to appropriations by the Board. So at any time prior to that
appropriation you can back out of that agreement if you're not
satisfied.
COMMISSIONER NANCE: Do you anticipate you're going to
want to do that ahead of coming back to the Board or are you going to
want to come back to the Board again?
MR. OCHS: No, we're going to come back to you on September
9th.
COMMISSIONER NANCE: So we're not actually approving a
Page 51
July 8, 2014
purchase agreement then today; is that correct?
MR. OCHS: Well, you are, sir, but you have inside that
agreement a due diligence period and an out clause. Any time before
the 74th day of that due diligence you can terminate the contract.
COMMISSIONER NANCE: Understood, thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I hear loud and clear where
Commissioners do not want to grow government. On the other hand,
as our county continues to grow, we also have to be able to serve that
community. They're paying taxes to do that. And this is an important
function. They all want to vote and they all want to make sure who's
coming into office and who's not.
So, you know, this is not something that Jennifer has -- or the
Supervisor of Elections has made happen. Our community has grown
and she must grow with it. And she's been fighting for a few years
now to be able to do just that. So I think we have to give her some
leeway.
Who's moving into your office now?
MR. OCHS: There's been no decision, ma'am.
COMMISSIONER FIALA: Oh, okay, fine. I just -- we don't
usually hassle other people to outfit their office and I'm sorry that you
have to go through this. But you're always conservative in what you
do anyway. We've all seen your office, and we know there's nothing
ostentatious about it. Thank you.
MS. EDWARDS: Well, and I will tour the other Constitutional
officers' offices and see what's been done in the past also. Thank you.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Do you feel hassled?
MS. EDWARDS: I have not seen this happen before, that
Constitutional officers have to defend themselves as well as be told
you can't spend any money.
Page 52
July 8, 2014
That's why I said I'm willing to go visit the other Constitutional
officers' facilities to see what kind of money was spent there.
CHAIRMAN HENNING: Well, we're providing you space,
correct?
MS. EDWARDS: Um-hum.
CHAIRMAN HENNING: You have the space, you have
adequate space.
MS. EDWARDS: I don't now, but if you purchase the new space
that's being considered and do the modifications that will be needed in
order to make it functional, then yes, sir, we will have adequate space.
CHAIRMAN HENNING: What space are you needing? What
space are you short of today?
MS. EDWARDS: Today we're short warehouse space and we're
short training space and we're short space where we can meet together
and work under one roof--
CHAIRMAN HENNING: You have --
MS. EDWARDS: -- and totally utilize our resources.
CHAIRMAN HENNING: You have a training facility; is that
correct?
MS. EDWARDS: We do. We have a training facility in the
Golden Gate Community Park, six miles from my office.
And I will commend the county staff, because they have willingly
made improvements to that property because snakes and squirrels and
water come into that building from time to time.
CHAIRMAN HENNING: So you have training space. Do you
have -- you don't have --
COMMISSIONER FIALA: What are you --
CHAIRMAN HENNING: Be quiet, be quiet, you had your time.
You have storage space?
MS. EDWARDS: Yes, we're leasing storage space.
CHAIRMAN HENNING: Okay. The issue is you want to
Page 53
July 8, 2014
consolidate everything; is that correct?
MS. EDWARDS: Yes. In order to better utilize our resources,
we are requesting that we be under one roof, that we have our staff
under one roof.
One of the issues that occurs on election night is we have part of
our staff at the Golden Gate Community Center, we have part of our
staff here at the complex. And we work real hard to communicate.
But the calls that are coming in from precincts across the county are
calls telling the call center at the Golden Gate Community Park that
' there are issues with modeming. Oh, my. Then they take the time to
call us and we have to figure out what's going on so we can all
communicate via phone so that we can make decisions on what needs
to be done to better serve the community and have our results available
as soon as possible, as well as doing the best job we can do. We need
to be consolidated under one roof. And I appreciate --
CHAIRMAN HENNING: Is it -- it's a desire. We're meeting our
statutory requirements by providing you space. I don't feel this is
hassling any Constitutional officer. We have the obligation to
maintain the buildings that we provide not only to the Constitutional
officers, but all departments within the county. They are short-funded
by a tune of$40 million of backlog of improvements, okay? So we're
having to do budget amendments to accommodate your desire to put
your office in one location. I get that. And all I'm saying is -- all I'm
saying is please recognize the need for other departments to do
necessary repairs on their buildings by trying to hold cost containments
for your department. That's all I'm asking. I'm sorry you feel that it's
hassling you. All right? I'm going to call the question.
COMMISSIONER HILLER: Can I say one thing?
MR. MILLER: Mr. Chairman, your public speaker that waived is
now indicating she'd like to speak. Is that --
CHAIRMAN HENNING: Please.
Page 54
July 8, 2014
COMMISSIONER HILLER: Can I make a comment? I'd like to
respond.
CHAIRMAN HENNING: Please.
COMMISSIONER HILLER: Jennifer, I have to agree with
Commissioner Henning. You know, not only have we put limits on
ourselves, but we have put limits on the other Constitutionals. To give
you an example, and one that is of very serious concern to me, is the
lack of adequate and consolidated space for storing evidence at the
Sheriffs Office. They are absolutely out of space. They do not have
consolidated space. And the conditions under which they have to
house evidence is completely unacceptable. It is absolutely essential
that we provide a forensics facility for them, and we have delayed that
also.
So it is imperative that you cost contain in the most significant
way. And it is not true that we are not asking other Constitutionals to
either wait or contain costs as well. And we ourselves are doing that.
So I think it is -- I think Commissioner Henning's point is a very
important one.
And Leo, it is absolutely imperative that the retrofitting of this
acquisition is done with the utmost conservatism with delays built in to
add improvements as the facilities need to grow with growing
demands, not that it all be done today.
And getting back to the forensics center, that is something that is
now in the AUIR, and the horizon for that has to be looked at very
closely. Because it is a huge waste of money to apply resources to
patrol, to investigations, only to be unable to properly house evidence.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
Page 55
July 8, 2014
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed -- Commissioner Coyle's
vote.
MR. DURHAM: Your vote, sir?
You vote in the affirmative to support the -- yes, affirmative for
Commissioner Coyle.
CHAIRMAN HENNING: Can you ask him, did he vote in the
affirmative 12.A? That is --
MR. DURHAM: Sir, did you wish to vote on a prior Item 12.A
regarding getting the outside consultant?
He said no.
CHAIRMAN HENNING: He voted no.
MR. DURHAM: Is your vote no, sir, or do you wish not to vote?
COMMISSIONER HENNING: No, I'm just asking what his vote
was. Or did he participate?
MR. DURHAM: Oil drilling.
The majority of the board voted in favor of supporting getting the
outside counsel --
COMMISSIONER HILLER: Consultant.
MR. DURHAM: Outside consultant, sorry, sir.
CHAIRMAN HENNING: Okay, I'm going to recognize --
MR. DURHAM: He'll support that, Mr. Chair.
CHAIRMAN HENNING: -- that 12.D was voted on
unanimously and also was 12.A. Thank you.
We're going to have to go through this, Tim --
MR. DURHAM: I know, I'm sorry.
CHAIRMAN HENNING: -- every time. You're going to have to
announce Commissioner Coyle's vote.
Next item?
Item #10A
Page 56
July 8, 2014
THE COUNTY ATTORNEY TO WORK WITH THE COUNTY
MANAGER AND THE SHERIFF'S OFFICE TO PREPARE AND
BRING BACK A PROPOSED ORDINANCE THAT WOULD
ESTABLISH A COLLIER COUNTY SEXUAL OFFENDER AND
SEXUAL PREDATOR RESIDENCY ORDINANCE THAT IS
MORE RESTRICTIVE THAN STATE STATUTE - MOTION TO
APPROVE — FAILED; MOTION FOR STAFF TO WORK IN
CONJUNCTION WITH THE SHERIFF'S OFFICE, DAVID
LAWRENCE CENTER, THE COUNTY ATTORNEY AND
COUNTY PROBATION TO DEFINE AND EVALUATE THE
NEED OF BRINGING BACK A PROPOSED ORDINANCE —
APPROVED
MR. OCHS: Next item is Item 10.A. It was an add-on item at
Commissioner Fiala's request. It's a recommendation for the Board to
direct the County Attorney to work with the County Manager and the
Sheriffs Office to prepare and bring back a proposed ordinance that
would establish a Collier County Sexual Offender and Sexual Predator
Residency Ordinance that is more restrictive than state statute.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. And that's all I'm asking to do
right now is just to recommend that the County Manager and the
Sheriffs Office and the County Attorney work together to prepare --
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: -- such an item.
Pardon me?
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Thank you. And second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala.
Page 57
July 8, 2014
Can we get some more information what this is going to look like
when it comes back?
COMMISSIONER FIALA: Oh, I don't know.
CHAIRMAN HENNING: Obviously somebody has an idea.
MR. KLATZKOW: It's going to look substantially like the state
statute with the exception that the distance requirements may change.
Sir, if the distance requirement in the statute is 1,000 feet from a
school yard, it will come back maybe 1,500 feet from the school yard.
CHAIRMAN HENNING: We don't know that. Obviously
something's driving this. I'm trying to figure it out what --
COMMISSIONER FIALA: This has nothing to do with the
Sheriffs Office. It has everything to do with the parole office.
CHAIRMAN HENNING: I'm sorry?
COMMISSIONER FIALA: Parole office.
CHAIRMAN HENNING: Parole office?
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: When you bring this back --
CHAIRMAN HENNING: Hang on.
COMMISSIONER HILLER: -- bring it back with an explanation
as to why.
MR. KLATZKOW: And it will not be an ordinance, it will be a
request to advertise an ordinance, so it will be two readings of it.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, if everybody will recall,
several years ago we had this come up one time before. And I think
before we go rushing into an ordinance, we need to do due diligence
and research this item.
And this is what occurred back in '09 and '10. Dade County
decided that they wanted to extend the distance to 2,500 feet. And
when they did that, they found out there was no place in the county
where everybody could live and they ended up with 150 people living
Page 58
July 8, 2014
under the Julia Tunnel Causeway as homeless people.
So there are unintended consequences to doing some of these
things. This problem is something that spans all socio and economic
demographics in the county. It's unfortunately something we have to
contend with.
I believe before we go developing any ordinance we need to talk
to the professionals that deal with this issue, including the Sheriffs
Office and the David Lawrence Center, to find out what it is that's
wrong with what's going on right now before we take action and create
some unintended consequences we may not fully be aware of. If
there's an issue, we certainly should address it. But as everybody that's
investigated this knows, an essential part of managing this problem is
having the offenders registered and knowing where they are. If we
start moving them around as an unintended consequence or something
occurs in our county, we may actually make things worse rather than
better.
In the past when this was discussed a determination was made on
this dais by a previous board that what it was going to do was it was
going to disproportionately require that our sexual predators live in the
eastern part of the county, which would be in East Naples, Golden
Gate Estates and Immokalee. I don't think that's necessarily a good
thing. I think that those areas are areas where there's going to actually
be less supervision than perhaps what they have now.
So all I'm saying is I cannot support this at present without some
significant work on the part of staff, including the Sheriffs Office and
our professionals like David Lawrence to define what the issues are,
what needs to be done and what our options will fully be.
COMMISSIONER FIALA: Might I add that this is what I was
hoping they would do this summer. Everybody is on alert to do just
that. They have -- the Sheriffs Office has been working very closely,
they understand what the situation is. Not only that, that they feel that
Page 59
July 8, 2014
the move forward is a good move and it's a protective move for the
children in the community. And I believe that we should at least give
them the opportunity to work on it over the summer.
COMMISSIONER NANCE: Well, I have no problem with that,
ma'am. But to prepare an ordinance without the public also -- within
the past few hours I've already received several comments from
homeowners groups in the eastern part of the county wanting to
engage this issue and being very, very concerned because of what
happened last time.
COMMISSIONER FIALA: You know, if we --
COMMISSIONER NANCE: I could support a motion to have
staff look into it and give us a report on the issue, but I would hesitate
to support any motion to start working on an ordinance prior to us
defining the problem and our options.
COMMISSIONER FIALA: Sir, sometimes -- and I want to say
this very gently. Sometimes when the problem becomes too vocal, it
might be of a great concern and maybe fear for people. I think if we
handled this and we handled it through the Sheriffs Office with our
County Attorney to at least come up with a proposal rather than
frighten people, I think we're better off.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I think it sounds to me like
Commissioner Fiala has given a great deal of thought to it and she
seems sincerely very concerned. I don't think that she's looking for
unintended negative consequences. We all know about the situation
that happened in Dade County.
You know, her district would be one of those districts adversely
affected if this is done incorrectly, and she's not going to allow that to
happen. So I think we just support getting staff to work with the
Sheriffs Office and come back to us. I mean, we don't have to approve
anything that's presented. And the whole purpose of two hearings on
Page 60
July 8, 2014
an ordinance is to allow for that public vetting.
To just have a discussion, I think, you know, while they're -- you
know, you don't just have a discussion, you have a discussion with
proposed solutions. And that's what they will come back to us with.
They'll identify what the problem is, they'll identify a recommended
solution, and we can either choose to accept or deny it. So there's no
harm. And I don't think it makes sense to have any community
discussions until staff and the Sheriffs Office work together to define
the problem and a solution, and then have a discussion on both.
So I support Commissioner Fiala's direction on this. Because we
are not taking any action, we're merely directing staff to in effect do
what you would like to see done, Commissioner Nance.
CHAIRMAN HENNING: Tim, do you have any input?
MR. DURHAM: No, sir.
CHAIRMAN HENNING: All right.
MR. DURHAM: Commissioner Coyle is not available at this
time.
CHAIRMAN HENNING: I agree with Tim Nance. I've been
down this road. I'm not going to do it again until -- because you are
going to drive certain sectors of residents in certain areas, you know --
COMMISSIONER HILLER: They're not going to do it like that.
CHAIRMAN HENNING: Where's the problem? I don't see a
problem.
COMMISSIONER FIALA: Commissioner, you asked where the
problem is and I'd like to answer now before you go any further.
CHAIRMAN HENNING: I don't want you to answer, because I
didn't interrupt you and I don't want you to interrupt me or anybody
else.
COMMISSIONER FIALA: Then I would like to speak after
you're done.
CHAIRMAN HENNING: I will let you speak. But please, let's
Page 61
July 8, 2014
be ladies and gentlemen about this.
COMMISSIONER FIALA: Well, I certainly try always to be a
lady and I hope you try and be respectful yourself.
CHAIRMAN HENNING: And I will allow you to talk, like a
gentleman should. So if you can just hold your comments until other
Commissioners are done, that would make our process much easier. Is
that okay?
COMMISSIONER FIALA: I'm doing that.
CHAIRMAN HENNING: Good.
So anyways, I can't support it because nobody has demonstrated
there is an issue.
Commissioner Fiala?
COMMISSIONER FIALA: That's what I was just trying to tell
you.
When you pack 18 people in one facility at the entrance to
children's neighborhoods and the children have no place to go, they
have no parental guidance until the parents come home from work.
When neighbors see new people being brought in every four days to
another neighborhood and repeatedly there is a problem, because now
they're concentrating them all into one area, and they seem to be in an
area where the little children have no one to protect them.
COMMISSIONER HILLER: Can I ask the County Attorney to
support or not support what's being proposed by Commissioner Fiala?
CHAIRMAN HENNING: You want him to have a vote?
COMMISSIONER HILLER: No, I would like to know from a
legal perspective, you know, you've had discussions with
Commissioner Fiala, whether or not you think, you know, it's worthy
of looking into and being more restrictive than the state.
MR. KLATZKOW: You can be more restrictive than the state.
COMMISSIONER HILLER: What?
MR. KLATZKOW: You can be more restrictive than the state.
Page 62
July 8, 2014
COMMISSIONER FIALA: You can be.
COMMISSIONER HILLER: You know, I understand that. And
the question I have is having spoken with Commissioner Fiala,
understanding what the issue is, do you from a legal perspective,
knowing what issues are involved with the Sheriffs Office as it relates
to this feel that we should go forward with this or not? I mean, would
you like the opportunity to work on this or do you not see a need
necessarily?
MR. KLATZKOW: I think there's a need to work on it. If--
okay. But I'm not going to work with Leo's staff and the Sheriffs staff
if there's no desire on the Board for this.
COMMISSIONER HILLER: Well, here's the thing: If there is a
public safety issue and we need to consider more restrictive standards
in order to promote public safety, then we can't be dismissive.
And we as a Board do not have the same information that
Commissioner Fiala has. So we're looking at it from, you know, an
uninformed platform, which is why I support you going back,
researching this issue, coming up with a solution to whatever the issue
is and bringing it back to us for further discussion and consideration.
MR. KLATZKOW: That's the intent.
COMMISSIONER HILLER: So you feel that it would be a good
idea to do that?
MR. KLATZKOW: Ma'am, that's up to you. That's a policy --
COMMISSIONER HILLER: But you have information we don't
have. I mean --
MR. KLATZKOW: All I can tell you is that --
COMMISSIONER HILLER: Is there a public safety issue that
warrants looking at this and making it more restrictive?
MR. KLATZKOW: Well, the states recognize this as a public
safety issue by having a statute. So you already have that as a
recognition that this is a public safety issue.
Page 63
July 8, 2014
COMMISSIONER HILLER: I understand, but --
MR. KLATZKOW: Now the issue is whether or not you need a
more restrictive. I can't tell you that without looking into this.
COMMISSIONER HILLER: Well, then I think we should look
into it. Because I think if we're not -- again, we can always deny any
ordinance that makes it more restrictive. But I think we need to be
informed as to what the public safety issue is and whether or not we
need a more restrictive standard. So I think it's very important --
CHAIRMAN HENNING: Any further discussion on this item?
COMMISSIONER HILLER: -- that we do this. Not to -- not to
explore this is problematic.
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Aye.
Motion fails.
COMMISSIONER NANCE: Mr. Chairman, I'd like to make
another motion.
CHAIRMAN HENNING: Please.
COMMISSIONER NANCE: I would like to make a motion to
request the County Manager to work together with the Sheriffs Office
and David Lawrence Center to assess our current regulation to see if
they have problems or possible suggestions for improvement, to bring
it back to the Board for possible development of an ordinance
following a report to the Board.
COMMISSIONER HILLER: I think you should incorporate the
County Attorney in that.
COMMISSIONER NANCE: That's fine. County Attorney
Page 64
July 8, 2014
would be fine.
COMMISSIONER HILLER: So basically you're taking what --
COMMISSIONER NANCE: I'm just asking for information. To
come back to the Board to assess if we truly have a problem. And if
we do, what sorts of the recommendations the professionals might
suggest to the Board. So if the County Manager, the County Attorney,
the Sheriffs Office and David Lawrence Center who are the
professionals in dealing with this social problem, criminal problem --
COMMISSIONER FIALA: Possibly include the Probation
Office as well?
COMMISSIONER NANCE: Yes, ma'am. Everybody that's
dealing professionally. Just give us an assessment on where we are to
address if we truly have a problem that rises to the level where we
need to add regulation.
COMMISSIONER HILLER: That's fine. I'll second that.
CHAIRMAN HENNING: Motion by Commissioner Nance to
have staff evaluate this issue, along with interested agencies. Second
by Commissioner Hiller.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Tim, do you have any input?
MR. DURHAM: No, sir. But thanks for asking.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Page 65
July 8, 2014
Item #10B
RESOLUTION 2014-155: A RESOLUTION TO STAY THE
RECEIPT OF NEW APPLICATIONS FOR DEVELOPMENT
ORDERS REGARDING AUTOMOBILE SERVICE STATIONS,
INCLUDING GAS STATIONS, ADJACENT TO RESIDENTIAL
PROPERTY WHILE THE PROPOSED LAND USE REGULATION
IS PREPARED AND VETTED; AND FOR STAFF TO DEVELOP
AND BRING FORWARD A LAND DEVELOPMENT CODE
AMENDMENT REGARDING THE REGULATION OF
AUTOMOBILE SERVICE STATIONS, INCLUDING GAS
STATIONS, ADJACENT TO RESIDENTIAL PROPERTY WHICH
HAVE MORE THAN EIGHT (8) FUEL PUMPS OR PROVIDE
FOR FUELING OF MORE THAN EIGHT (8) CARS AT ANY
POINT IN TIME - MOTION DIRECTING STAFF TO DEVELOP
AND BRING BACK AN LDC AMENDMENT REGARDING
AUTO SERVICE STATION REGULATION INCLUDING
STATIONS ADJACENT TO RESIDENTIAL PROPERTY WHICH
HAVE MORE THAN EIGHT (8) FUEL PUMPS OR THAT
PROVIDE FUELING OF MORE THAN EIGHT (8) CARS AT
ANY POINT IN TIME AND ADOPTING THE COUNTY
ATTORNEY PREPARED RESOLUTION — ADOPTED
MR. OCHS: Commissioners, that takes us to Item 10.B on your
agenda. This was an add-on item by Commissioner Fiala. It's a
recommendation to direct staff to develop or bring forward a Land
Development Code amendment regarding the regulation of automobile
service stations, including gas stations adjacent to residential property
which have more than eight fuel pumps or provide for fueling of more
than eight cars at any point in time. And also to adopt the resolution to
Page 66
July 8, 2014
stay the receipt of new applications for development orders regarding
automobile service stations including gas stations adjacent to
residential property while the proposed land use regulation is prepared
and vetted.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I think at the same time
possibly, and Nick, you would have to guide me on this one, but I
think this is -- our C-4 zoning right now is pretty outdated. I don't
know when we came together with that, at least 20, 25 years ago. And
at that time colossal gas stations were never even heard of
Things have changed for all of our C-4s. And I think -- especially
when they abut residential neighborhoods. And so I was hoping at the
same time maybe we could look through and see if there are any others
that we need to modify or improve upon at the same time.
MR. CASALANGUIDA: For the record, Nick Casalanguida,
Growth Management Division Administrator.
I think there are two questions, ma'am, on your writeup.
MR. OCHS: Get closer to your mic.
MR. CASALANGUIDA: One is to look at the zoning as you've
suggested. Obviously the question comes up commercial use adjacent
to residential.
The bigger issue I think is the stay on processing the applications.
I think those are two separate items. So as far as the zoning is
concerned, we'd be happy to do that. That's come up several times
with the Board. But as far as the stay is concerned, I think that's a
separate discussion.
COMMISSIONER FIALA: You mean the moratorium that we
talked of last time?
MR. CASALANGUIDA: Yes, ma'am.
So I think those probably need to be addressed separately. We
can certainly work on the zoning question. But, you know, how the
Page 67
July 8, 2014
Board feels about putting a stop to any development right now with
that --
COMMISSIONER FIALA: Well, you can't stop what's already
been purchased and approved. You know, that's done, that would take
away property rights. And I know we can't do that. As harmful as
maybe some might look or appear right now, still that's done.
But I think that any future purchases of C-4 zoning before we
address this issue could be stopped so that it doesn't happen to anybody
else's community.
MR. CASALANGUIDA: Certainly could, ma'am, with the
majority of the Board.
CHAIRMAN HENNING: Okay, I have a question. Essentially it
is a moratorium on anybody petitioning the Board, because on C-4 on
this particular use there has to be -- it's a conditional use; is that
correct, Nick?
MR. CASALANGUIDA: No, some of the gas stations that we're
talking about are by right in C-4. You know, for instance, I know a
couple of parcels in North Naples that could put in a RaceTrac just by
coming in with an SDP. But one of the RaceTrac applications or mega
gas station applications is a -- it's a distance waiver requirement that
will have to come in front of the Board, which is one of the issues
we've been discussing as well too.
So that's the issue at hand. And sometimes they are by right.
And when they are next to residential the Land Development Code
calls for a potential wall, and it says may be a wall and then a buffer.
CHAIRMAN HENNING: And Jeff, with that moratorium is a
regulatory taking of property rights?
MR. KLATZKOW: No, I crafted it so it's lawful. It's zoning in
progress. If the Board decides that this is something that you want to
consider doing, what you do is okay, stop anything new until we have
a chance to look at this and make a determination. And part of the
Page 68
July 8, 2014
problem we're dealing with is the Board's about to go on a summer
recess and so by the time we get back to you we may have the horse
out of the barn. That's the purpose of the moratorium.
CHAIRMAN HENNING: Do we have public speakers on this
item?
MR. MILLER: Yes, sir, we have one registered public speaker.
Mr. Richard Yovanovich.
COMMISSIONER HILLER: Isn't there an author that has your
same last name?
MR. YOVANOVICH: I wish she was my aunt, but she's not.
COMMISSIONER HILLER: You're not related?
MR. YOVANOVICH: Not related.
Good morning. For the record, Rich Yovanovich.
I think, Commissioner Henning, you kind of hit the nail on the
head. This is a de facto moratorium on currently existing property
rights. You have C-4 zoned property, you have the right to build a gas
station on it today, unless you're within 500 feet of another gas station,
then you have the right to petition and ask for a distance waiver.
Where, as I understand the proposed regulation today, and
something came up during the discussion regarding the purchase of
property. I represent RaceTrac and they have a couple different
scenarios. They are in on three different properties with Site
Development Plan applications. They do not currently own those
properties, but they have the right to buy those properties and they've
submitted their site development plans and they would like to continue
through the Site Development Plan process and ultimately obtain
building permits.
I believe the way the resolution has been written is that they
would be allowed to do that, even though they don't currently yet own
the property. I just need to make sure that that's clarified on the record,
that they would be allowed to continue through the Site Development
Page 69
July 8, 2014
Plan process on the C-4 zoned properties that they have identified as --
two of them are by right, one of them you've already heard some
testimony regarding the waiver application that has already been
applied for. We just want to make sure we can continue on with those
processes, because you are effectively adopting a moratorium for all
future applications. And I don't believe you're doing the right process
to adopt a moratorium while you look at this issue.
But it may not matter if the applications that we currently have in
the process continue on.
CHAIRMAN HENNING: Commissioner Fiala, is it your intent
to stop these SDPs through this item that you have on the agenda?
COMMISSIONER FIALA: As I stated, I'm not taking away
what they've already gotten. I didn't realize they don't own them. I
didn't -- that was not my intention at all. My intention was to protect
you guys in your districts. There's nothing I can do about ours.
And I would offer that I would hope that RaceTrac would
consider when it's abutting next to like the 55 and older community,
they would put in a Raceway that would seem more conducive to a
neighborhood rather than, you know, the monster place. But I have --
they can build it by right. I have no say in it, nor does our staff. They
can just do it. I just don't want to have this happen to anybody else.
CHAIRMAN HENNING: Does that answer your question?
MR. YOVANOVICH: I guess the answer is yes, we can continue
on and get our building permits on those properties that we've already
started the SDP process.
MR. KLATZKOW: Yes.
MR. YOVANOVICH: That's all I'm trying to confirm.
MR. KLATZKOW: Any pending application this would not
affect.
MR. YOVANOVICH: That's the concern we have.
CHAIRMAN HENNING: Right.
Page 70
July 8, 2014
COMMISSIONER FIALA: And you can tell them we would
hope that they would be considerate of their neighbors.
MR. YOVANOVICH: And I don't want to -- I mean, I can't --
and we are, and we're making sure we're doing appropriate buffering
and appropriate walls and all the like. I can't help that some people
may not want to live next to a gas station, but we are taking our
neighbors into consideration.
CHAIRMAN HENNING: I believe there's a motion to approve
by Commissioner Hiller; is that correct? And a second by
Commissioner Fiala? Or am I wrong?
COMMISSIONER HILLER: A motion to approve -- no, I think
it needs to be bifurcated in two parts, and we should have two motions.
The first is to direct staff to expeditiously amend the Land
Development Code to, you know, properly consider these -- to develop
regulation -- you know, to properly develop automobile service
stations, including gas stations adjacent to residential property with
more than eight fuel pumps.
COMMISSIONER FIALA: Right. Second.
CHAIRMAN HENNING: Okay, that's a motion.
COMMISSIONER HILLER: And/or providing fueling for more
than eight cars at any point in time. So that's the first one.
COMMISSIONER FIALA: And you've got a second.
MR. OCHS: Mr. Chairman?
CHAIRMAN HENNING: Yes.
MR. OCHS: I'm sorry, Commissioner Coyle I believe wants to
be heard on this as well.
CHAIRMAN HENNING: Are you sorry about that?
MR. OCHS: No, I'm sorry for the interruption.
COMMISSIONER HILLER: You are so sarcastic today.
MR. DURHAM: Sir, Commissioner Coyle is in favor of the
motion.
Page 71
July 8, 2014
CHAIRMAN HENNING: Okay, the motion just stated by
Commissioner Hiller and seconded by Commissioner Fiala.
MR. DURHAM: Correct.
CHAIRMAN HENNING: Discussion on that motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 5-0.
COMMISSIONER HILLER: And then the next motion is to
adopt a resolution to stay the receipt of new applications for
development orders regarding automobile service stations, including
gas stations adjacent to residential property while the proposed land
use regulation is being prepared and vetted. And that that resolution be
done in such a way as to not result in any takings of private property
rights that are vested.
CHAIRMAN HENNING: Well, that's a mouthful. I mean, what
are we really saying here? They already have the right to do it.
COMMISSIONER HILLER: No, he -- Jeff?
MR. KLATZKOW: The resolution I prepared is a lawful
resolution as it's written.
COMMISSIONER HILLER: So it satisfies the direction.
CHAIRMAN HENNING: No, you're saying --
MR. KLATZKOW: It's a different direction.
COMMISSIONER HILLER: I'm sorry? How would you like the
Page 72
July 8, 2014
motion made?
MR. KLATZKOW: Motion to approve the resolution.
CHAIRMAN HENNING: That's right.
COMMISSIONER HILLER: Oh, just to approve the resolution?
MR. KLATZKOW: That's the simplest.
COMMISSIONER HILLER: Okay. So motion to approve the
resolution.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala.
Discussion?
MR. DURHAM: Commissioner Coyle also favors the motion.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 5-0.
We have seven minutes until lunch break.
Item #11B
RESOLUTION 2014-156: ESTABLISHING PROPOSED
MILLAGE RATES AS MAXIMUM PROPERTY TAX RATES TO
BE LEVIED IN FY14/15 AND REAFFIRMING ADVERTISED
PUBLIC HEARING DATES IN SEPTEMBER 2014 FOR THE
BUDGET APPROVAL PROCESS — ADOPTED
Page 73
July 8, 2014
MR. OCHS: Yes, sir. I'm ready to go if you are, sir, to 11.B. It's
a recommendation to adopt the resolution establishing the proposed
millage rates as the maximum property taxes to be levied in FY 2014
and 15.
COMMISSIONER NANCE: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Nance to
approve Mr. Isackson's item, second by Commissioner Fiala.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Tim, you want to the say anything?
MR. DURHAM: After discussion he agrees with the motion.
CHAIRMAN HENNING: Okay, we're done with discussion.
MR. DURHAM: Okay. Yes, he votes in favor.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. ISACKSON: Thank you, Commissioners.
CHAIRMAN HENNING: Thank you. Good luck.
Item #11C
AN AGREEMENT FOR SALE AND PURCHASE WITH ASSET
Page 74
July 8, 2014
RECOVERY XVIII, LLC, FOR THE PURCHASE OF PROPERTY
TO ACCOMMODATE THE FUTURE WILSON -D
BENFIELD (PER AGENDA CHANGE SHEET) ALIGNMENT
AND IMPROVED ACCESS TO THE RESOURCE RECOVERY
BUSINESS PARK AND A BUDGET AMENDMENT. (FISCAL
IMPACT: $5,542,000) — APPROVED
MR. OCHS: Sir, Item 11.0 is a recommendation to approve an
agreement for sale and purchase with Asset Recovery for the purchase
of property to accommodate the future Wilson/Benfield alignment and
improved access to the Resource Recovery Business Park, and approve
a budget amendment.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: I would like to move approval of
the item and say that I think it's a really good news item. I know it's
going to take some budget amendments to get it done but I would like
to commend staff who are working judiciously on this property from I
think an original cost estimate of several billion dollars down to
something reasonable.
So I think it's going to be a great asset to Solid Waste, I think it's
going to be a great asset to Transportation, I think it's going to be a
great asset to the county for many other numerous things down the
road. I think it's a very good news item.
CHAIRMAN HENNING: Great. So that's a motion to approve.
Is there a second to the motion?
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Second by Commissioner Hiller.
Discussion on the motion?
MR. DURHAM: Commissioner Coyle favors it.
CHAIRMAN HENNING: Any further discussion?
(No response.)
Page 75
July 8, 2014
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously 5-0.
MR. OCHS: Thank you, Commissioners.
Item #11F
AWARD BID #14-6270, SOUTH REVERSE OSMOSIS
WELLFIELD MEDIUM VOLTAGE CABLE REPLACEMENT, TO
QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF
$1,694,999; APPROVE A WORK ORDER IN THE AMOUNT OF
$306,826 WITH CDM SMITH, INC., FOR CONSTRUCTION
SERVICES; AND, AUTHORIZE A BUDGET AMENDMENT IN
THE AMOUNT OF $1,400,000 FOR WELL/PLANT POWER
SYSTEMS PROJECT NO. 70069 — APPROVED
MR. OCHS: 11.F is a recommendation to award Bid #14-6220 to
Quality Enterprises in the amount of$1,694,999, and approve a work
order in the amount of$306,826 to CDM Smith, Incorporated for
construction services, and authorize a budget amendment in the
amount of$1,400,000 for the well and plant power system project.
This is a replacement and redundant electrical cable replacement for
the South County Water Treatment Plant. And Dr. Yilmez is available
to present, if the Board would like.
Page 76
July 8, 2014
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Fiala. Is
there -- we're going to hold off on that second for discussion.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I notice that Quality
Enterprises consistently gets bid award after bid award after bid award.
And I'm assuming it's because they come in as the low bidder. I want
to have assurances that these projects are not change ordered
subsequently where they end up being more than the low bid and --
you understand my point. I want assurances of that. Because I mean
-- and there are several companies that seem to consistently be getting
all the awards. Higgins, Quality Enterprises, I can't remember other
names off the top of my head. But I just want to make sure that, you
know, they're not coming in low and then change ordering up.
MR. OCHS: Yes, ma'am, we will keep an aye on that. And just
as a points of clarification on this one, as a matter of fact they were the
third lowest bidder, but because of your vendor preference policy,
they're within 10 percent and agreed to take the low price, so that's
why they're the recommended awardee in this case.
COMMISSIONER HILLER: That's fine. But again, let's just
make sure. Because I see that happening --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- consistently. It's the same names
popping up over and over and over again. And they may be the right
contractor for the job, I just want to make sure that the bidding -- the
integrity of the bidding process is maintained.
MR. OCHS: Absolutely.
COMMISSIONER HILLER: And they may be the most
efficient.
CHAIRMAN HENNING: Commissioner Nance, do you have
any discussion on this item?
Page 77
July 8, 2014
COMMISSIONER NANCE: No, sir.
COMMISSIONER HILLER: Did we skip 11.E?
MR. OCHS: That was withdrawn as part of your change sheet
this morning.
COMMISSIONER HILLER: Oh, okay, sorry. I wondered. I
missed that.
CHAIRMAN HENNING: I'll keep you straight, don't worry
about it.
COMMISSIONER HILLER: Thanks.
CHAIRMAN HENNING: I'll second Commissioner Fiala's
motion to approve.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
Tim?
MR. DURHAM: Yes. Unanimous, sir.
CHAIRMAN HENNING: Motion carries unanimously, 5-0.
DR. YILMEZ: We thank you, sir.
CHAIRMAN HENNING: Thank you.
MR. OCHS: Mr. Chairman, you have two other items, your
public hearing item and then your public comments. Both of those --
CHAIRMAN HENNING: Well, we're not going to take public
comment now. We don't have enough time. And the public hearing
item, why don't we wait 'til after lunch and come back?
MR. OCHS: That's fine.
Page 78
July 8, 2014
CHAIRMAN HENNING: We're going to come back anyways.
COMMISSIONER HILLER: I just want to say, if the mics had
not broken, you would have achieved your goal of being done by
lunchtime.
MR. MILLER: My apologies.
COMMISSIONER HILLER: All your fault. Ten lashes with a
wet noodle.
CHAIRMAN HENNING: Okay, we're on a one hour, two
minute break. We'll be back at 1:00 for the remainder of the meeting.
MR. OCHS: Thank you, Commissioners.
(Luncheon recess.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
CHAIRMAN HENNING: Let's go to public comment. We're
holding them up too long.
MR. OCHS: Yes, sir, Item 7 is public comments on general
topics not on the current or future agenda.
MR. MILLER: I have 15 registered public speakers, Mr.
Chairman. Your first speaker is Jennifer Hecker. She's been ceded
additional time by Caitlin Weber and Laura Markram.
I do not seat Jennifer here.
CHAIRMAN HENNING: Next speaker?
MR. MILLER: Your next speaker is Dr. John Dwyer, and he will
be followed by Dr. Karen Dwyer.
MR. DWYER: Thank you. John Dwyer, from Naples.
Only two weeks ago the FDEP mounted an enhanced and
expensive blitz to in my opinion undermine us by private talks with
Page 79
July 8, 2014
media and by secret offers of settlements. And like so many oily
things, even the name of the well obfuscates rather than clarifies.
Finding it was no small feat. Finding Herschel Vinyard and Daniel
Erwin during their transparency meetings last week was nearly as
difficult.
We should not brush this aside. What we can brush aside is the
phony tough talk and the 4th of July nine-point letter.
FDEP officials deceived us. Let us not forget the raccoon point
wells along with their oil pipeline at the end of the restricted 11-mile
road. Or Christian Spilker's televised interview with Jeff Lytle during
which he assured us all that there will be no fracking. Or the Hughes
representatives telling us, there will be no fracking. Or that fracking
incident was only revealed on Good Friday, April 18th. The cab
displays. The EPA meeting diffused by piggybacking it with the
surprise FDEP meeting. The minimal fines assessed and threatened.
The false water tests. The special visits by Mr. Vinyard. All were in
my opinion just elaborate psyops to make us forget that the FDEP has
not done and cannot do its job to protect the public and the
environment.
The Florida regulations for the oil industry are a mere checklist.
Permits are issued before the required preliminary hearings take place.
Mandatory studies not performed. Most serious of all, the FDEP lacks
enforcement powers, as Mr. Herschel claimed when Mr. Bruno saw
the fracking and didn't do anything about it.
We have to protect ourselves. And I thank you, Commissioners,
for enhancing our challenge to the consent order, and I ask you to
please fashion a local ordinance with teeth, a moratorium or a
prohibition or a demand, that no fracking procedures or enhanced
drilling procedures be allowed in our county. Thank you.
MR. MILLER: Your next speaker is -- I'm sorry.
COMMISSIONER HILLER: I'd like to ask a question. Can we
Page 80
July 8, 2014
legally -- do we -- it was my understanding that we did not have local
jurisdiction to be able to impose an ordinance. I thought that we were
preempted by the state with respect to developing an ordinance that
would prohibit fracking. That was my understanding.
MR. KLATZKOW: You've got two issues: You've got a state
preemption issue and you've got a Bert Harris issue. Those are your
two issues. I'm more concerned about the Bert Harris than I am about
the preemption.
CHAIRMAN HENNING: Now we have Commissioners'
communications. And this is public comment. We're going to allow
the public to comment without interruption.
MR. MILLER: Your next speaker is Dr. Karen Dwyer. She's
been ceded three additional minutes by Eduardo VillaLonga. She'll be
followed by Ray Judah.
DR. DWYER: We now know DEP realized the Hogan well was
going to be illegally fracked. They photographed the cancer-causing
chemicals and had an inspector on-site at the time of the illegal
fracking to observe but not stop the violation.
When asked why they didn't stop the unauthorized fracking,
Secretary Vinyard replied that the DEP does not have enforcement
powers. This means no one, not even the state, is policing the oil and
gas industry. We find this beyond belief and unacceptable. DEP
should have immediately revoked the permit six months ago.
Therefore, thank you, Commissioners. You were correct to call
for revocation of the permit. No amount of regulation will make
drilling safe if the company won't obey the rules.
You were also correct to add enforcement terms. The amended
petition will secure stronger financial commitments, remediation and
water monitoring to safeguard Collier County citizens and the public
water supply.
You were also correct to reject a secret closed door settlement.
Page 81
July 8, 2014
Your public hearing will give us the transparency, disclosure and
evidence we need to stop the illegal fracking from happening again and
again.
Make no mistake, the Hogan well is a test case. It will set a
precedent for the 450,000 acres already leased for a new Everglades
extreme extraction.
Your lawsuit has compelled DEP to start water testing. The
problem is no one gets their drinking water from three to 13 feet deep.
And testing for fracking chemicals is complicated, especially since six
months has washed away much of the evidence.
We're calling for additional water tests from expert sources like
Duke University that has won lawsuits with their comprehensive
fracking tests.
Finally, Secretary Vinyard ordered Hughes to, quote, publicly
testify at this July 8th meeting and said that noncompliance could
include pulling the permit. Since Hughes is a no show, highlighting
yet again their criminal negligence and reckless indifference, we call
on DEP to revoke the permit. They did not meet all nine of those
stipulations, because they're not here at this meeting.
Hughes is not using industry best practices and cannot be trusted
anywhere near our water or Everglades.
For the record, DEP has never held a public meeting regarding
the illegally fracked Hogan well. Many questions remain unanswered.
We need a moratorium maybe on all new oil and gas drilling, since
DEP can't compel compliance. We at least need a moratorium on all
extreme extraction, including but not limited to fracking. All, you
know, new techniques that have never been used before as the DEP put
it.
Thank you very much. Again, have a great summer, and thank
you.
MR. MILLER: Your next speaker is Ray Judah. He'll be
Page 82
July 8, 2014
followed by Dan Loritz.
MR. JUDAH: Good afternoon, Commissioners. Ray Judah,
coordinator for the Florida Coastal and Ocean Coalition.
You know, it's true that collectively you do all work in
partnership. But Commissioner Hiller, I just want to personally thank
you for really riding point on probably one of the most serious issues
that you all have dealt with. And I want to thank you from the
standpoint that it's unbelievable that the State of Florida, that is,
actually the Department of Environmental Protection, would actually
place themselves in a position of jeopardizing the primary water
supply for the State of Florida, and that's the Floridan aquifer. You all
recognize that. And I really compliment each and every one of you for
taking a very proactive position and dealing with the Collier-Hogan
well issue. Unlike DEP which really has come in in a very reactive
way.
I can't thank you enough for challenging the consent order. I
certainly am very appreciative of the work that must have gone on
behind the scenes working with the Collier Resource Corporation,
because they took it upon themselves, having obviously worked with
this Commission, in recognizing that they need to be held accountable
and stepped up to impose their own prohibition on any further use of
alternative means of drilling.
And I think if I heard correctly, it wasn't just until such time that
the appropriate water testing takes place, but until the appropriate time
that the regulations are in place. And that really I think set a huge and
loud statement to all of us. Because legislature really has abdicated its
responsibility. I think the only reason we're here today and have been
for months is because the legislature has not addressed the appropriate
oversight and regulation of not only drilling but also disposal of
drilling waste.
And I'm heartened to think that actually perhaps the Florida
Page 83
July 8, 2014
Department of Environmental Protection will actually be more
protective and not just acquiesce to the Environmental Protection
Agency on the disposal of drilling waste but actually take a position in
getting more involved in protecting our water resources.
But thank you, not only on behalf of Southwest Florida but the
entire State of Florida. Especially when you think about the Floridan
Aquifer providing water supply for people in Tallahassee and Daytona,
here in Southwest Florida, and to think that the proposed disposal of
this waste would have been placed in a deep well that would have
jeopardized the Floridan Aquifer, the fact that only 700 feet of a
supposedly clay confining layer composed of dolomite and limestone,
which clearly would be very susceptible to the very forces that the
drilling company was going to use to extract the oil from 12 to 13,000
feet deep.
Again, my thanks to all of you. Appreciate it.
MR. MILLER: Your next speaker is Dan (sic) Loritz. He'll be
followed by John Scott.
MR. LORITZ: Good afternoon. My name is Don Loritz. I'm the
vice president of Preserve Our Paradise.
About a month ago I presented to the Commission photographs
that we obtained through public records request documenting fracking
chemicals, hazardous chemicals, carcinogenic chemicals that were
photographed, observed and used at the Orange Tree Well, the
so-called Collier-Hogan well.
On July 1st Secretary Vinyard and the FDEP released to the press
a release of their first water quality testing reports and concluded that
there was little chance of any contamination as a result of those tests.
We sent those tests to our court-approved biochemist expert, Dr.
Ron Bishop, who's been very active in the anti-fracking fight in the
southern tier of New York, protecting communities there and trying to
enforce sound regulation of extreme extraction.
Page 84
July 8, 2014
Dr. Bishop looked at the results and found that the tests that
FDEP conducted did not test for any of the photographed chemicals,
did not test for the identified carcinogens or hazardous chemicals.
Instead the tests were primarily composed of routine tests that sewer
treatment plants, municipal water plants might employ to test chlorine
levels and the like in standard municipal wastewater.
So as a result, the conclusion is that the tests really did not in any
meaningful measure assure the public that no contamination has taken
place, even given the inadequate depth and breadth of the test that was
conducted.
I sent all of this to the Commission by email yesterday. I'd like to
just enter a copy of this into the record today so that you can look at
Dr. Bishop's findings and act accordingly. So far we're very pleased
with the actions you've taken on behalf of the citizens. Thank you very
much. Enjoy your summer.
MR. MILLER: Your next speaker is John Scott. He'll be
followed by Jaime Duran.
MR. SCOTT: Hello. John Scott from Clean Water Initiative.
Thank you for allowing me to speak to you today.
The FDEP -- my expectations for the FDEP's proposals and what
they were going to say today, I guess the bar was set pretty low in my
opinion, and they exceeded that, which isn't saying a whole lot,
considering their past actions or inaction. And so as a result it still
remains to be seen whether or not their newest tough rhetoric is lip
service or if we're going to actually see some tough -- some actual
tough action on the Dan A. Hughes Corporation. Because their
behavior to this point is completely unacceptable.
As my shirt says, we cannot replace the Everglades. And these
procedures, we have no idea what this is going to mean to the aquifers
or to the Everglades or any of that.
So I would hope that Secretary Vinyard is going to really follow
Page 85
July 8, 2014
through and hit hard with this. And so I'm a little encouraged. I'm
going to be optimistic. I try to stay optimistic, and so as a result I'll try
to stay optimistic on that.
But I think my group and other groups that I associate with, well
intentioned groups, think the only course of action is to revoke the
permit. I think that that should be agreed, and I think that's agreed by
all of you as well, or at least that seems to be what we're getting from
the Collier County Commission. And I really appreciate all your
leadership, Commissioner Hiller and Commissioner Nance and
everybody. I don't know if I'm allowed to single anybody out. But I
just want to applaud your leadership on the issue and for being
outspoken and for really following through and for making everybody
think -- or making everyone feel your passion on this. Because we
need some passion.
I think there was a statement earlier that was said, this is an
emotional issue for some. I think this is an emotional issue for all, if
you actually do care about our natural resources, specifically our water
and our ecosystem.
I don't know if I need to, sometimes I think I do, but I'm going to
say it anyway. I think it bears repeating, that our natural resources are
kind of the golden goose. And nobody wants to lay the goose -- kill
the goose who laid the golden egg. And I think from an economic
standpoint if nothing else, let's keep that in mind. Preserving our
natural resources is a no-brainer. Thank you so much for your
leadership. I hope to see the kind of action that we're hoping for, and
thank you very much.
MR. MILLER: Your next speaker is Jaime Duran. He'll be
followed by Dona Knapp.
MR. DURAN: For the record, my name is Jaime Duran Pinson
(phonetic). I live at Golden Gate.
Commissioners, thank you for the actions you have taken
Page 86
July 8, 2014
recently. We have a great opportunity to preserve the health of Collier
County citizens and our environment, the environment that we now
enjoy.
This window of opportunity is small and the world is watching.
At stake is the future and health of the region. Restore our faith and
trust. It has taken a lifetime to build it and it only took a moment to
lose it. Thank you.
MR. MILLER: Your next speaker is Dona Knapp. She'll be
followed by Marlaine Rieck.
MS. KNAPP: Hi. Dona Knapp. And thank you very much for
receiving us. And also thank you very much for the things that you
have done for us as citizens so far. Particularly you, Georgia Hiller, I
really admire the talk that you give to Herschel Vinyard earlier.
What I don't understand is this company, Dan A. Hughes, has no
integrity and they proved that. Right from the very first meeting last
year, May 30th, they told us they would not frack. And they're not
calling this fracking but they're calling it a fracking-like action. I don't
know what the difference is; chemicals were pumped into our water.
I would like to see -- first of all, I'd like to see their permits
revoked and I'd like to see them march right back to Texas. They don't
belong here and they're not welcomed here. I think they're here
because we have so much water, and that's what they need to do their
dastardly drilling, they need massive amounts of water.
In Texas where fracking is a very frequent event, many towns
have run out of water because of this. Citizens have to go for weeks
on end without water. Their water's turned off. And I don't want to
see that happen here.
So I'm wondering, why is Hughes still here? In the words of VP
-- ex VP/CEO, Tony Heyward, we would like our lives back. We've
been spending now months and months on this of our energy and our
time, which we don't get paid for, to protect the environment and fight
Page 87
July 8, 2014
this. And so I'm wondering why they are still here and why permits
have not been revoked after what they did in disrespecting and
disobeying state regulations.
I as an ex shrimper, if my husband and I had dumped anything
into the water, we would have had to -- we would have had strong
penalties imposed on us, maybe our licenses taken away. And it just
seems to me Dan A. Hughes is getting away with all kinds of things.
I don't trust them. I don't trust the DEP. I don't trust any of the
water testing that they've done so far. It's not deep enough. I think we
need -- and it's not -- also the water and the chemicals would have
migrated after six months. So I think we should be doing testing in
other areas and much, much deeper to the depth where the chemicals
were pumped down to.
It's -- anyway, I hope you all have a nice summer. And please,
please, follow through with all of this. I'm proud to share my
neighborhood with you, Georgia Hiller. I applaud you for all the good
work that you're doing. You're a very wise lady. Thank you.
MR. MILLER: Your next public speaker is Marlaine Rieck.
She'll be followed by Pamela Duran.
MS. RIECK: Hi. I'm Marlaine Rieck. I live in Golden Gate
Estates.
First of all, I want to thank you very sincerely for your strong
stand that you're taking against the actions/inactions of the Hughes
Company and DEP. It's good to have people doing the right thing.
I do support the request presented by The Conservancy, Preserve
Our Paradise, the Stone Crab Alliance and the other environmental
groups.
And please, find a way to stop fracking in this area before
something bad really happens. I hope it hasn't already happened. But
every time they do something, putting chemicals into the ground, it's
another hazard. You know that as well as I do. They're fracturing the
Page 88
July 8, 2014
earth, they're putting stuff in there that doesn't belong. It's going to
move around.
DEP has demonstrated their inability or reluctance to sufficiently
protect our environment. Perhaps they never will do their job.
Our local Water Management District also, I don't know if it's
their job to monitor water quality, but they haven't done it that I know
of. They didn't address that in the permitting process for the Golden
Gate Estates area well.
And I ask you to please put pressure or continue to put pressure
on DEP to deny or revoke the final permit for the Golden Gate Estates
area well. I thought that was permitted, I'm just told that the final
permit has not yet come through. So whether it's to deny that permit or
revoke it, Hughes record of deception, rule breaking and sloppy
practices such as their, so they said, to explain all the oil spray on top
of those trucks was that they sprayed oil into the holes on the tops of
the trucks instead of piping it directly into those holes? That doesn't
even make sense. I mean, I do that with my garden hose to water the
plants. But, you know, that's a different story. So thank you again.
Bye.
MR. MILLER: Your next speaker is Pamela Duran. She'll be
followed by Patty Whitehead.
MS. DURAN: Hi. My name is Pamela Duran. I'd like to thank
Commissioner Georgia Hiller and Commissioner Donna Fiala for
standing up to Herschel Vinyard and showing your concern and your
demands. Thank you very much.
There has been so many mistakes, too little concern and the same
complacent answers. I'm really sorry that I have to tell members of my
family, members and friends, that they can't come and visit me this
summer. I'm concerned about your health. I'm concerned because I
don't know what's in the water. I don't want to risk my family's health.
I wonder how many vacationers are thinking the same thing.
Page 89
July 8, 2014
This has gone on for a long time. You know, the DEP is saying
they're concerned. The Colliers say they're concerned. But being
concerned doesn't make me any happier to have my family come here
and knowing that, well, will they get sick? I don't want to risk that. I
don't know how many other people want to risk that. I just hope that
this is put to rest really soon and we don't have to face this again.
I look at the people coming into Naples and Collier County and
investing in real estate and not knowing that they don't own their
mineral rights. And even if they do, they can be drilled next to.
This is -- we have to fix this problem for the good of the county.
There has to be something done as soon as possible before this is
known as a place not to visit. We need to fix this. Thank you.
MR. MILLER: Your next speaker is Patty Whitehead. She'll be
followed by Judith Hushon.
MS. WHITEHEAD: Good afternoon, Commissioners. Thank
you for taking my remarks.
I'm speaking on behalf of the Responsible Growth Management
Coalition and Preserve Our Paradise.
It's a shame, a terrible shame all the dissembling, deception,
obfuscation that's gone on by this company that's coming from out of
state.
You know, there's a term for this under legal and economic
theory, and it's called moral hazard. And what is moral hazard? Moral
hazard is a situation in which a party is more likely to take risks -- the
risks in this case was fracking -- because the costs that could result will
not be borne by that party taking the risk. In other words, it is a
tendency to be more willing to take a risk, knowing that the potential
costs or burdens of taking such a risk will be borne in whole or in part
by others.
And those others are us: The residents of Collier County, the
folks whose drinking water is at stake, the folks whose aquifer will be
Page 90
July 8, 2014
permanently damaged. A moral hazard may occur where the actions
of one party may change to the detriment of another after a financial
transaction has taken place.
Yes, that financial transaction has taken place, and that was that
lease that was signed months ago between -- or years ago I suppose
between Hughes and Collier Resources. And I'm not thoroughly
convinced that putting Collier Resources in charge of oversight, or a
portion of this oversight, is the correct step. I mean, here you have --
you know, they have a vested interest in making sure that they get a
return on their dollar. They're looking at royalties. If you honestly
think that they're going to give you the hard figures on contamination,
they're going to soft pedal any results that come back, in my
estimation.
We need third-party oversight. We need folks coming in from
out of state. We need impartial monitors of our groundwater quality.
We cannot leave this up to the people have who have a vested interest
in gaining from this transaction, because they are grounded in this
transaction. And we are grounded in ensuring that our water remains
pure. Thank you.
MR. MILLER: Your next speaker is Judith Hushon. She'll be
followed by Marcia Cravens.
DR. HUSHON: It's Dr. Hushon and I have a Ph.D. in
biochemistry. And I'm a local expert. And I was asked -- and I have
done legal expert work. But I was asked to look over the list of
chemicals that were identified as being on site and to see what hazards
they might pose, and then to see whether -- also ask the question
whether the sampling that was being done was actually addressing
those chemicals.
I looked over the chemicals. There are three -- among those that
are listed, there are three carcinogens. There are several that are
severely toxic by the oral root, which would be the root we'd probably
Page 91
July 8, 2014
be talking about. And there are a number of other chemicals of
concern for various purposes.
On the list of chemicals that were not disclosed, one at least is an
acrylamide. Most acrylamides are carcinogens. That one is called
Trade Secret, as are a number of other chemicals.
I have a list of the Trade Secret chemicals that I would certainly
like to know what they really are. Because without being able to know
what they really are, we can't say whether they're a problem or not.
So I'd just like you to know, I have looked at the list. We have
some problems. We can stand on those problems.
The next thing is: Was of the sampling correct for what was
being done? The answer is no. It was not going to detect these
chemicals. Yes, it might have detected a few of them, but not any of
the ones that were representing problems. This was a general drinking
water analytics that were done. That's not what we have here. We
don't have general drinking water chemicals. We don't haves common
pesticides. We don't have other things that just end up in drinking
water and we have to take care of. These are chemicals that are being
added.
The water that's being used is our best water. They are allowed to
use this water supposedly because it was originally for agricultural
uses, which is what Collier held it for. Now they have rights to that
water, and they're using it for pseudo-fracking. That's use of our best
water for a not best use.
Meanwhile, Orange Tree and some of the other communities out
there are having to go down to much deeper and more saline water.
This isn't our best use of our resources in any way, shape or form.
I just wanted to point out that I think it does represent a hazard
from my professional point of view.
And I want you to know, you can call on me if you want to
locally here. But I hope you do continue to press against putting these
Page 92
July 8, 2014
wells in and endangering the water that is under running. We all rely
on it. This is the aquifer that is the Naples Aquifer, et cetera.
So don't be misled. Oh, also, the wells were put in totally
incorrectly. They are not going to detect anything. Because what
we're injecting is at 1,200 feet down and these were 13-foot wells. So
just know that. And if you have any more questions or anything, feel
free to get back to me. Thank you.
MR. MILLER: Your final public speaker under public comment
is Marcia Cravens.
MS. CRAVENS: Good afternoon, Commissioners, and thank
you for the opportunity to speak.
Under public comment I too want to address that item that
became 12.A and the issue with FDEP presentation and particularly
addressing appreciation of Commissioner Hiller's letter revisions that
she is making in regards to this issue.
I would certainly want to point out that Sierra Club is a national
organization with millions of members. It is subdivided by state,
chapter and regional groups. I chair the steering committee of our
regional group with over 1,400 members. It's a very important issue to
us. Our state chapter and our national organization is paying attention
also.
We echo and we support the sentiments expressed by the other
grassroots conservation organizations, in particular The Conservancy
of Southwest Florida.
And I would just add to that that we also agree that the water
sampling was inadequate, both in depth and in spatial extent. The
migration of these chemicals needs to be scrutinized and needs to be
more thoroughly investigated.
Additionally, that not only was the methodology illegal, but
production of oil from that methodology is illegal.
So our perspective is that the permit for Hughes needs to be
Page 93
July 8, 2014
revoked. We support the county and The Conservancy's efforts in that
respect, but also consider that the production of oil from that
methodology is also illegal and should not be allowed to continue.
Again, we thank you for your efforts and support them.
CHAIRMAN HENNING: Okay, next item?
COMMISSIONER HILLER: I'd like to speak. I'd like to
comment.
CHAIRMAN HENNING: Okay, under Commissioners
comments I think it's most appropriate.
COMMISSIONER HILLER: No, I'd like to comment now.
These people don't have to sit around waiting to hear another agenda
item. If they're here, I'd like to address their comments. I think we
have --
CHAIRMAN HENNING: Is public comment --
COMMISSIONER HILLER: -- the ability to do that.
CHAIRMAN HENNING: Leo, what's the next item? Let's get to
the next item.
COMMISSIONER HILLER: Commissioner Henning, I have the
right as a member of this Board --
MR. OCHS: It's Item 9.A.
COMMISSIONER HILLER: -- to address the public on the
comments they just made, and I intend to do so and you will not stop
me.
CHAIRMAN HENNING: You can under Commissioners
comments.
COMMISSIONER HILLER: No, I'd like to do it right now.
(Applause.)
CHAIRMAN HENNING: Leo, what is the next item?
COMMISSIONER HILLER: County Attorney, can you please
give --
MR. OCHS: The next item is 9.A --
Page 94
July 8, 2014
COMMISSIONER HILLER: -- me an opinion --
MR. OCHS: -- Mr. Chairman.
COMMISSIONER HILLER: -- as to whether or not I can
respond to the public comments.
MR. KLATZKOW: The Chair conducts the meetings, ma'am.
COMMISSIONER HILLER: That's fine.
Well, Commissioner Henning, I'm very disappointed in your
manner of conducting the meeting today.
CHAIRMAN HENNING: Okay.
Item #9A
ORDINANCE 2014-33: AMENDING ORDINANCE 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL
PROVISIONS, INCLUDING SECTION 1 .08.02 DEFINITIONS;
CHAPTER TWO - ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS,
SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,
SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION
2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE -
RESOURCE PROTECTION, INCLUDING SECTION 3.05.02
EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION
PROTECTION AND PRESERVATION, SECTION 3.05.05
CRITERIA FOR REMOVAL OF PROTECTED VEGETATION,
Page 95
July 8, 2014
SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER
FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.01 .02 KITCHENS IN DWELLING
UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR
PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION
4.02.03 SPECIFIC STANDARDS FOR LOCATION OF
ACCESSORY BUILDINGS AND STRUCTURES, SECTION
4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE
BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT
AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER
FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION
5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS,
SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05
CARETAKER RESIDENCES, 5.04.04 MODEL HOME AND
MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY
EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND
STANDARDS BY LAND USE CLASSIFICATION, SECTION
5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN
RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT
STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.05 EXEMPTIONS FROM REGULATIONS,
SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09
NONCONFORMING SIGNS; CHAPTER SIX -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE
PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION
6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY
REQUIREMENTS; CHAPTER NINE - VARIATIONS FROM
CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES
OF NONCONFORMITIES; CHAPTER TEN - APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.02.08 REQUIREMENTS FOR
Page 96
July 8, 2014
AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION
10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF
PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC
NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS
TO THE COLLIER COUNTY ZONING ATLAS, MORE
SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP
NUMBER 0502S TO REZONE VARIOUS PROPERTIES
LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD
(SR-84) FROM AIRPORT-PULLING ROAD (CR-31) WEST TO
THE NAPLES CITY LIMIT, FROM C-4 GENERAL
COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-
GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY
TRIANGLE MIXED USE OVERLAY DISTRICT - MIXED USE
SUBDISTRICT); SECTION FIVE, CONFLICT AND
SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION
SEVEN, EFFECTIVE DATE — ADOPTED
MR. OCHS: Mr. Chairman and Commissioners, the next item is
9.A. It's a recommendation to consider an ordinance amending
Ordinance No. 04-41, the Collier County Land Development Code.
Caroline?
MS. CILEK: Hi.
CHAIRMAN HENNING: This is the second reading, Caroline?
MS. CILEK: Yes, sir.
I'm here today just to present for the second here and --
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Questions? Any questions?
Page 97
July 8, 2014
(No response.)
MR. MILLER: I have two public speakers.
COMMISSIONER NANCE: It's my understanding that the
temporary events have been rejected from this particular second
approval. We're going to consider that separately at a future time?
MS. CILEK: Yes.
COMMISSIONER NANCE: Yes, thank you. Because I still -- I
see it remaining in here.
MR. OCHS: It's in the title, sir, you're right, as advertised
originally. But it's not in the body of the Executive --
COMMISSIONER NANCE: Thank you, sir.
CHAIRMAN HENNING: Please call the public speakers.
MR. MILLER: Your first speaker is Tony Pires. He'll be
followed by Marcia Cravens.
MR. PIRES: Mr. Chairman, I waive.
MR. MILLER: Marcia Cravens?
MS. CRAVENS: Thank you again for the opportunity to speak.
I did address this board in 2011 when there were some
amendments proposed to change preservation standards and in
particular exemptions and removal of the conservation easement
requirement for preserve areas.
I would echo those same sentiments. The heart of our Growth
Management Plan is the conservation and coastal management
elements. And to remove a requirement that encouraged balanced
development whereby development and conservation of our resources
was done in an orderly and again balanced fashion, we have LDC
requirements that did just that. And this amendment actually weakens
it. And I refer to the amendments for Section 3.05.02 and 3.05.05. It's
very concerning, some of these changes here that actually are not
necessary for the public interest. The public interest is a balanced
development and conservation of our natural resources. These
Page 98
July 8, 2014
amendments do not do that. Expansion of existing uses also must be
understood to be an intensification and additional development.
Intensity and density of development in those areas.
So the recommendation would be that that portion of this
amendment recommendation would be removed and reconsidered.
And also I don't believe that there has been enough outreach to the
public stakeholders whose quality of life is affected by these kinds of
amendments. Thank you.
CHAIRMAN HENNING: Okay, and I think that was addressed
in the industrial 3.05? It's addressed in the industrial standards,
industrial zoning.
MS. CILEK: Well, I do believe it's actually Amendment 30502
which is about seven deep into the binder. And it is an amendment
which looks at the environmental provisions within the LDC. And if I
am looking at 30502, the first change is to remain consistent with the
GMP, so I would need some clarity as to whether that change is
something where we're just following what the GMP has done already
and implementing it in the LDC. I can definitely look into that, but
that first change in 30502 is doing just that.
CHAIRMAN HENNING: Okay.
MS. CILEK: In 30507 I would again need a little bit more
specificity. The changes in this section are also implementing GMP
amendments. In general what we're doing here is streamlining some of
the proceedings. We're not changing any of the preserve requirements,
unless they've already been changed through the GMP process, from
what I understand.
CHAIRMAN HENNING: Okay. IS there any further discussion?
(No response.)
CHAIRMAN HENNING: Tim, is Commissioner Coyle
participating?
MR. DURHAM: He's unavailable, sir.
Page 99
July 8, 2014
CHAIRMAN HENNING: Okay. We have a motion and a
second to approve the amendments. By Commissioner Nance I think
and then Commissioner Hiller seconded; is that correct?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 4-0.
Thank you. Okay, now we go to communications.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, sir, that takes you to Item 15, staff and
Commission general communications.
CHAIRMAN HENNING: Go ahead.
MR. OCHS: My only communication, Commissioners, again is
to remind you that your first meeting back in the fall is your first public
hearing for your budget, and that is on September 4th at 5:05 p.m.
And then your first board meeting back is September 9th at the regular
time of 9:00 a.m.
So again, on behalf of the staff, we wish you all a great summer,
restful, enjoyable and we look forward to seeing you when you get
back in September. Thank you.
CHAIRMAN HENNING: County Attorney?
Page 100
July 8, 2014
MR. KLATZKOW: I hate bringing this up. During your recess if
there are additional permits being sought for oil well drilling in Collier
County, do you want me to work with the County Manager's Office to
oppose those, or not?
CHAIRMAN HENNING: What was -- that was one of the issues
from the prior meeting, that we want to stop any permits until we
resolve that.
MR. KLATZKOW: I understand that. And we've had the
Secretary here and a bunch of conversation. I just want to make sure
I've --
CHAIRMAN HENNING: But Collier Resources has committed
that there would be no alternative well drilling.
So what's the pleasure of the Board for guidance?
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I just want to make sure, again,
I spoke this morning. If they were drilling, if they're using regular
drilling, they still -- I feel that they should stay away from people's
homes. They're getting way too close. And that's something the CRC
never did. I think it's just a Dan Hughes issue. But we need CRC to
tell them as long as they're leasing it, tell them stay away from people's
homes. We shouldn't be approving anymore leases for that.
CHAIRMAN HENNING: Okay. My preference is I recognize I
don't have enough knowledge about this new technology, and I don't
feel comfortable in it. As long as there's no -- there's a commitment for
this fracking technology not to be used until we settle this issue. I'm
fine with the conventional well drilling and recognize the property
rights.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I mean, I think there's
absolutely no question that Collier Resources Company and Dan
Hughes have clearly stated on the record here today and by way of this
Page 101
July 8, 2014
letter that they do not intend to engage in any fracking or chemical
drilling until DEP makes a determination as to whether it is or is not an
acceptable method. And they've even gone so far as to say and in
addition has issued clear regulations if they make a determination that
it is an acceptable method.
So they, by their own volition, as a consequence of our request,
have agreed not to proceed any further with this type of drilling. For
them to engage in conventional -- in any conventional approach, and
appropriately as Commissioner Fiala says, you know, not so close to
any homes that any private citizen could be hurt in any way, is very
reasonable.
So if they come forward and request permits to do conventional
drillings, as they have since 1943, they cannot and should not be
denied. If they come forward and ask to do what they have done by
way of chemical drilling, then they're breaking their promise to us that
they've made publicly.
And I don't believe they're going to do that. I believe they're
going to honor their word and they are not going to proceed with this
type of drilling any further. They've made that commitment.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, I think we have to --
CHAIRMAN HENNING: Okay. We're having a discussion.
There's no public comments under the discussion.
COMMISSIONER NANCE: I think we need to be very careful
that we have -- we have two separate and distinct issues that we're
trying to manage, they're both heading for the same goal. Number one
is all the issues regarding the Hogan Island well. There are many,
many attendant issues to that.
The second thing is other future permits and oil related
discoveries and issues going forward. And we can't let -- you know,
one is going to affect the other, but resolution of the Hogan Island
Page 102
July 8, 2014
issues and the things that go on there don't necessarily transfer down
the line. We are going to have to depend upon DEP who cannot
forego their responsibilities and they cannot forego their authority to
do this. And this Board is going to have to be very steadfast to insist
that they do that. They are the ones that are going to have to be
responsible. The legislature and the State of Florida is going to have to
stand up in our behalf and our task is going to be to make them do that,
whether it's on the Hogan Island well issues or whether it's on the local
issues.
But I don't see any problem with them going along with what
they've done for the last 70 years if it's not extraordinary. And they
have -- you know, we have received their promise in writing today and
I agree with Commissioner Hiller, I think that we have -- that we
should -- we have a working relationship with them at this time that we
can count on. And if we don't, then we're going to have a real serious
problem. But I believe that we actually do.
So, you know, I'm willing to work with them. They've been very
forthcoming. If everybody had been as forthcoming actually as Collier
Resources has been, we wouldn't be in this predicament to begin with.
So we have to start somewhere. We have to realize, ladies and
gentlemen, that each day is a new day. Tomorrow we can't get back.
So we have to solve this problem going forward. We have to work as
hard as we can going forward. We have to do everything that we can.
Thank you.
CHAIRMAN HENNING: Does that answer your question?
MR. KLATZKOW: Yeah, I guess that means I'm not opposing
any permits until you get back.
COMMISSIONER FIALA: I'm sorry?
MR. KLATZKOW: I will not be opposing any permits --
COMMISSIONER HILLER: Yes, you will. You'll oppose any
permit that proposes fracking.
Page 103
July 8, 2014
CHAIRMAN HENNING: Right.
COMMISSIONER HILLER: We oppose fracking.
CHAIRMAN HENNING: Yeah. And actually, the permits, they
have to identify within the permit if they're doing the alternative
exactly how they're doing it.
UNIDENTIFIED MEMBER FROM THE AUDIENCE: They
can't do the --
CHAIRMAN HENNING: I'm going to clear the room if we can't
UNIDENTIFIED MEMBER FROM THE AUDIENCE: We're
leaving anyway.
CHAIRMAN HENNING: -- have a discussion.
UNIDENTIFIED MEMBER FROM THE AUDIENCE: We've
had enough of this facade.
CHAIRMAN HENNING: Okay.
UNIDENTIFIED MEMBER FROM THE AUDIENCE: Thank
you, Georgia Hiller.
No drilling, no drilling, no drilling.
Thank you, Donna Fiala.
CHAIRMAN HENNING: There you go.
UNIDENTIFIED MEMBER FROM THE AUDIENCE: You
can't trust Dan A. Hughes, they lied from the beginning.
COMMISSIONER FIALA: But now we're talking about CRC.
And we --
CHAIRMAN HENNING: Yeah, let me finish.
MR. KLATZKOW: I think I understand, sir.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: And just --
CHAIRMAN HENNING: Is there anything else?
COMMISSIONER FIALA: Just on this one.
As Commissioner Hiller said, back to the way they used to do
Page 104
July 8, 2014
things 70 years ago, which means they never drilled near people's
homes either. And I think that's important to say. Because I think the
plans are to have a few others around homes, from what information
I've received recently. And we don't want them to do that. And I don't
think CRC wants to do that either. That's never been their plan before.
CHAIRMAN HENNING: There's nothing else, right, Jeff?
MR. KLATZKOW: I have nothing else, sir, no.
CHAIRMAN HENNING: Okay, I'm going to go to
Commissioner Fiala's comments and then Commissioner Hiller's
comments and then Commissioner Nance's comments and then I'll
finish up and then ask for a motion.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Have a nice summer.
Commissioner Nance, it's been a pleasure working with you this
year.
Commissioner Hiller, you and I seem to be agreeing more than
we ever disagree anymore, and it's great, and I love the way you're
dressed. This is going to be a nice summer, and I'm going to be going
and enjoying my Amish friends right now and getting back to basics,
which is so nice, where people respect people and work together and
help each other.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I would like to comment on
what members of the public spoke about this afternoon.
And to begin, I agree that water is our most precious resource, not
only in Collier County, in the United States. Look at what's going on
in Colorado, New Mexico with issues related to water there. Look
what's going on globally with water. Look at China. And the scarcity
of water is very much affecting all of us and is going to be a big deal in
the future.
Development in Collier County is going to be limited not because
Page 105
July 8, 2014
of a lack of available land but because of a lack of water. And people
don't realize that. So protecting our water as a resource is absolutely
fundamental and is most certainly primary.
And that is why this issue is very significant. The Collier
Resources Company and Dan A. Hughes has been responsive to the
Collier Commission. DEP has not. We ask that Dan A. Hughes and
the Colliers test and test with our oversight and our involvement, not
doing it on their own but with us looking over their shoulder and
making absolutely sure that that well is being tested adequately to
ensure that there is no public health, safety and welfare threat as a
consequence of contaminated water because of this type of drilling.
And our staff is working with Collier Resources and is working
with the other company to ensure that they do it correctly, regardless of
what DEP is doing, which is obviously inadequate.
To that end also, we as a Board requested that they cease using
any sort of chemical drilling. And you delivered that message and they
came back and we asked that their response be stated on the record at
this meeting and they honored that. And so we will hold them to this.
And we appreciate that they came back. Again, they have done more
than what DEP has requested. And again, DEP has failed us. It is
unacceptable. Not only is it unacceptable that DEP has failed us, but
we have a representative that represents the district where this drilling
is going on, and that's Representative Hudson. And Representative
Hudson is someone I approached. And I went up to him, it was just a
few short days ago, and I said, Representative Hudson, I am very
concerned, and what can you do to stop this?
And he said, oh, I can't do anything. I can't legislatively interfere
because you Collier County sued DEP and therefore it's hands off for
us. Really?
Well, let me tell you something, Representative Hudson. And I'm
speaking to you through TV, so hi out there. We have been in
Page 106
July 8, 2014
litigation, not only us but multiple counties have been in litigation with
the Department of Juvenile Justice with the State of Florida because of
different funding issues and mechanisms that were used.
And during the 2014 legislative session, the Florida Association
of Counties made every effort to pass beneficial legislation to fix a
fundamentally flawed cost share system and to end the cycle of
litigation.
Again, we are and were in the middle of litigation on this issue.
There were two bills that were presented: House Bill 5305 and Senate
Bill 1532. And they were put forth as a solution. Now, they didn't
pass the legislature, they didn't pass this legislation. But the point is, is
that while there is pending legislation it does appear that our legislative
delegation can do something about the interest of the Collier citizens.
I'm not an expert in administrative law by no means, but I have a
memo here that says action was taken. It didn't pass. Okay, so let's
have some action.
This is a state issue. This is not a local issue. This is the state's
responsibility. You need to storm your representative's office. You
need to go to Matt Hudson and you need to make him accountable for
what's going on. He needs to pass the legislation if legislation is
needed. He needs to put pressure on DEP to do the right thing by the
residents of Collier County and by the citizens of the State of Florida.
So get it done. We don't have time to lose.
I want to reread what was said here, because I think it's very
important that this paragraph be again clearly on the record.
At the June 24, 2014 meeting of the Collier County Board of
Commissioners, Commissioner Hiller requested that Collier Resources
Company meet with Hughes and seek agreement that this method
would no longer be used until such time as DEP has done whatever it
needs to do to determine whether it is an acceptable method or not.
Collier Resources Company agrees with this request and Hughes has
Page 107
July 8, 2014
agreed as well.
Additionally, until such time as DEP has issued clear regulations
regarding these new well completion methods, Collier Resources
Company will make sure that any future leases with third-party
exploration companies are limited to oil exploration using a
conventional approach that has been well accepted and understood in
Florida since 1943.
So no chemical drilling, no fracking is what they have committed
to.
The issue is, there are other wells owned by other companies and
there are other drilling companies. It's not about Collier Resources
Company, it's not about Dan Hughes. They've made a commitment
not to do anything. The problem is we need to ensure that no one out
there aside from these companies will engage in what has happened up
to now. And that is what we have to prevent. And that is why we need
the Department of Environmental Protection to make a determination
whether this is safe or not, take it to the legislature. If the legislature
has to pass something either saying yes, it's okay but under these
circumstances or no, and there's a complete ban on it, and then DEP
has to enforce and monitor to ensure if it is approved that it is done in a
way that the public isn't hurt.
Water is our most important resource and we do have to protect it.
Do we have jurisdiction to impose a local moratorium? I'm going
to ask the question again.
MR. KLATZKOW: On oil drilling?
COMMISSIONER HILLER: No, on fracking, on chemical
fracking.
MR. KLATZKOW: No, I don't believe you do.
COMMISSIONER HILLER: Okay. And I want to make
absolutely sure that we don't, because in New York I believe there was
-- and I understand that New York's laws are different from ours and
Page 108
July 8, 2014
we have different, you know, standards with respect to preemption,
and that is very clear to me.
I want to just make absolutely sure that we cannot do it. Because
I don't want us to bypass an opportunity to exercise home rule, you
know, if we've got it.
MR. KLATZKOW: Well, I will tell you this: It's -- there's risk
here and your risk is the Bert Harris Act. And your risk here is a
lawsuit that I don't think you can write a check for if you're
unsuccessful. That's the risk.
COMMISSIONER HILLER: Well, we cannot break -- you
know, we cannot engage in takings. I mean, that is without question.
So, I mean, that is -- that's clearly prohibited constitutionally.
MR. KLATZKOW: Ma'am, the approach to take is to -- in my
opinion the approach to take is each and every permit that comes down
the pike that you think they're going to frack is you oppose that, one
after the other.
COMMISSIONER HILLER: Okay. We can do that. And we've
committed to do that.
CHAIRMAN HENNING: Anything else?
COMMISSIONER HILLER: Yeah, a couple of things. Let me
just put this all away.
I just want to say I'm so looking forward to this summer. I can't
even begin to tell you. I'm watching that clock thinking it can't come
fast enough.
Commissioner Fiala, it has absolutely been a pleasure working
with you. Truly. It's really -- it's interesting to see how by working
together we have started developing a common philosophy that's
starting to form the character of this county. I mean, we all agree, you
know, on less government, we don't like to see any waste. We do.
Don't give me that look of disregard.
CHAIRMAN HENNING: No, this is your turn, it's not my turn.
Page 109
July 8, 2014
COMMISSIONER HILLER: It is my turn.
But we at the same time are environmentally conscious of how
we do business. And it's a really great balance. Because we're
balancing, you know, the interest of being economically and fiscally
responsible while at the same time promoting conservation. And that's
a very happy marriage. So I really -- and Commissioner Nance, you
feel the same way and I've heard that from you, and it's really great
that, you know, we're philosophically so like minded that we can get
things done together.
And Commissioner Henning, I just want you to know, the person
who taught me this philosophy, this way of thinking was you before I
got elected. Just want to let you know that.
CHAIRMAN HENNING: Are you done?
COMMISSIONER HILLER: Yeah.
CHAIRMAN HENNING: Practice what you preach.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I want to thank everybody. I
think we had a very productive first part of the year.
I would also like to thank our Chair, Commissioner Henning. I
think that he provided a lot of very quiet and firm leadership through a
lot of issues this year. He wasn't making a lot of noise but I can tell
you that he was leading the Board forward and conducted some
meetings under some pretty stressful conditions. So thank you, sir, I
think you did a really nice job.
COMMISSIONER HILLER: Yes, thank you very much,
Commissioner Henning.
COMMISSIONER NANCE: I think we're on a real good
pathway. And I'm going to spend a little bit of time talking about this
particular issue, because I know you all have been here so many times
at so many meetings and so on and so forth.
And I'm actually very encouraged. I'm very encouraged that the
Page 110
July 8, 2014
Board has now given the County Attorney and the County Manager
working together with our landowner here who is a major part of this
county to work forward and get some professional consulting on this
issue so that we are going to be informed as to best management
practices and we are going to actually catch up to speed on the
technology that we need to help us decision-make going forward.
And also, I'm going to say that although it has been a very, very
rocky road for a long-term solution to this problem, we are going to
have to have much better communication between all parties and
agencies than we've had right now. We've had a lot of contentious
conversations, very strained meetings, and that makes progress really
difficult. We spend an awful lot of horsepower on that.
So I am very encouraged by where we are particularly with
Collier Resources stepping up. It's been a very long journey to start to
get better communication. And I hope that we're going to be able to
establish a working relationship with DEP that's much, much better
than it is right now. Because it's certainly not what it needs to be. It's
just not anywhere close to where it needs to be.
And I'm not going to give up on that, because we have to have it.
That's the agency of record, they're the regulatory authority, they're the
ones that are empowered by the state.
And so yes, Commissioner Hiller is exactly right, we have to
work through our legislative delegation and we do have to work
through this agency, because in the long term they're going to be
somebody we're going to have to work with for a long time.
The good news on that is I am very, very happy with our
relationship with DEP with our local representatives in the Fort Myers
office. These are good people. These are people we've worked with
successfully for a long time.
So we actually have an excellent base. The administration of DEP
is I think where our problem has been. They have not been
Page 111
July 8, 2014
forthcoming. If they had worked as hard on this issue as their
scientists and staff members have worked for us in the past, we would
be in a much, much different place.
So I'm going to continue to be a strong advocate for
communication across all lines. I think it's the only thing that's going
to take us to where we want to go and finally get us headed in the right
direction.
And, you know, I'd like to thank the people for allowing us to
work through a very difficult issue and understanding how challenging
it has been for us and at the same time understanding that we are very,
very interested and we're committed to this county. I wouldn't be
sitting here if I wasn't committed to this county, I would be in North
Carolina, which I'm going to go in about another hour.
So thank you all for coming, thank you all for working through,
my fellow Board members, thank you very much.
Thank you to Commissioner Coyle, if he's still around or
listening. And we'll see you in September. Thank you very much.
CHAIRMAN HENNING: Okay, first of all, I'm resigning from
the canvassing board. Commissioner Fiala is the next in line for the
liaison of the Board of Commissioners, unless somebody else has a
burning desire or a change of heart.
COMMISSIONER FIALA: Excuse me, while you're saying that,
so I fill in for you tomorrow, right?
CHAIRMAN HENNING: If there's a meeting, yes.
The second thing, I think the Commissioners received a
correspondence from East Naples Fire Chief on the continued efforts
of merging. And also the relationship that we're building with
Ochopee Fire Department. In there it clearly states they're not
interested in doing fire inspections for the City of Everglades. I think
Commissioner Fiala brought that up previously. So that answers your
question. I communicated for you directly and instead of on the dais
Page 112
July 8, 2014
here.
So, you know, the Board of Commissioners is the fire district
Ochopee being a dependent district. We depend on the fire chief to be
the fire marshal of that district unless we do something different.
So therefore, it's only proper that we communicate with the
Mayor, that the agency that's going to do the inspections on Everglades
City will be the fire chief. Or is the designee. So I will do that.
The last thing I have is the question about the merging -- or the
question on the ballot, I'm sorry, of merging East Naples and Isles of
Capri.
Leo, has staff really outlined what the cost would be if it is not
merged and stays within the county?
MR. OCHS: Outlined it, sir, in regard to the ballot question or
just --
CHAIRMAN HENNING: Well, outlined it for the public. I see
that the union in Isles of Capri is going to interject themselves into this.
I just want to make sure that we're having factual information given to
the citizens and the voters. And I want some thought into it of what it's
going to cost if it remains, knowing that Fiddler's Creek is going to
annex within East Naples in the future. So what is the short term cost
going to be?
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Because we know that Fiddler's Creek
can't do this on the fly, it needs to be done over a period of legislation
for that to take place.
So we -- so I think the citizens needs to know short-term and
long-term of what the cost of the county providing fire service to that
district. Okay?
MR. OCHS: Yes, sir, we'll have that prepared.
CHAIRMAN HENNING: I think that's very important.
I don't have anything else, and entertain a motion to adjourn.
Page 113
July 8, 2014
COMMISSIONER HILLER: I'd like to make the motion, but I'd
like to say one last thing before I make that motion, and that is this is
for Mary Jo, Leo, because she's been providing, you know, little bars
of chocolate. So this is my turn to provide one to her.
This is probably the best. There's a love poem inside also. And
it's ginger crystallized and dark chocolate, and it basically, just so you
know what she's getting: Upon eating, tangy dark chocolate gives way
to soft moist sugar-coated chunks of hot spicy ginger. The sweet and
spicy transitions are delightfully stimulating.
So this is for Mary Jo from me, and tell her thank you so much.
MR. OCHS: I'll make sure she gets it, ma'am, thank you.
COMMISSIONER HILLER: Thank you.
And with that I'd like to make a motion to adjourn and wish all of
staff and the community a very happy summer.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: You have the gavel. We're adjourned.
*****
*****Commissioner Nance moved, seconded by Commissioner
Hiller and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted *****
Item #16A1 — Correction (Per Agenda Change Sheet)
AN EXTENSION OF TWO THREE YEARS FOR COMPLETION
OF SITE DEVELOPMENT PLAN (SDP) IMPROVEMENTS
ASSOCIATED WITH TENCHITAS CONVENIENCE STORE
(SDP AR-14305) PURSUANT TO SECTION 10.02.03 H OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE — OWNER
HAS PAID THE REQUIRED IMPACT FEES AND WISHES TO
Page 114
July 8, 2014
BEGIN CONSTRUCTION
Item #16A2
RECORDING THE FINAL PLAT OF SIENNA RESERVE,
(APPLICATION NUMBER PL20130002033) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — LOCATED OFF OF
LIVINGSTON ROAD, BETWEEN IMMOKALEE ROAD AND
VANDERBILT BEACH ROAD
Item #16A3
RECORDING THE FINAL PLAT OF MORNINGSIDE RESERVE,
APPLICATION NUMBER PL20140000249 — THE DEVELOPER
MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL
APPROVAL LETTER
Item #16A4
RECORDING THE FINAL PLAT OF MUSSORIE VILLAGE AT
FIDDLER'S CREEK, (APPLICATION NUMBER PL20140000591)
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 FINAL CONSTRUCTION PLAN FINAL LETTER
Page 115
July 8, 2014
Item #16A5
RECORDING THE FINAL PLAT OF RAFFIA PRESERVE -
PHASE 3, (APPLICATION NUMBER PL20140000592)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY — THIS
PROJECT IS WITHIN THE PALERMO RPUD BETWEEN
VANDERBILT BEACH ROAD AND IMMOKALEE ROAD
Item #16A6
RECORDING THE FINAL PLAT OF PALAZZO AT NAPLES,
(APPLICATION NUMBER 20130002119) 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 FINAL
CONSTRUCTION PLAN FINAL LETTER, OFF OF IMMOKALEE
ROAD
Item #16A7
RECORDING THE FINAL PLAT OF LANDINGS AT BEARS
PAW, (APPLICATION NUMBER PL20120002819) 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
Page 116
July 8, 2014
OF THE FINAL CONSTRUCTION PLAN FINAL LETTER, AT
THE CORNER OF GOLDEN GATE PARKWAY AND AIRPORT
ROAD
Item #16A8
RESOLUTION 2014-142: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF BISCAYNE BAY AT HERITAGE BAY
UNIT FOUR (AR-10129) AND AUTHORIZE THE ACCEPTANCE
OF THE PLAT DEDICATIONS AND RELEASE OF THE
MAINTENANCE SECURITY IN THE AMOUNT OF $157,902.16
Item #16A9
RECORDING THE FINAL PLAT OF RIVERSTONE - PLAT
SEVEN, (APPLICATION NUMBER PL20140000666) 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 FINAL CONSTRUCTION PLAN FINAL LETTER,
NORTH OF IMMOKALEE ROAD OFF OF LOGAN BLVD
Item #16A10
RECORDING THE FINAL PLAT OF OYSTER HARBOR AT
FIDDLER'S CREEK PHASE 1, (APPLICATION NUMBER
PL20130002036) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
Page 117
July 8, 2014
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE FINAL CONSTRUCTION PLAN
FINAL LETTER
Item #16A11
RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$122,481 .43 FOR PAYMENT OF $3,081 .43, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. MELBA GARCIA, CODE
ENFORCEMENT BOARD CASE NO. CESD20090014480,
RELATING TO PROPERTY LOCATED AT 4280 6TH AVENUE
NE, COLLIER COUNTY, FLORIDA — FOR AN UMPERMITTED
ENCLOSING OF A GARAGE AND ADDITION OF A FULL
BATHROOM
Item #16Al2
RELEASE OF LIEN WITH AN ACCRUED VALUE OF $17,312.29
FOR PAYMENT OF $562.29, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. ABFC 2006-HE1 TRUST, CODE ENFORCEMENT SPECIAL
MAGISTRATE CASE NO. CESD20100007028, RELATING TO
PROPERTY LOCATED AT 3577 RANDALL BOULEVARD,
COLLIER COUNTY, FLORIDA — FOR AN UNPERMITTED
SHED
Item #16A13
Page 118
July 8, 2014
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $235,580.86, FOR PAYMENT OF
$3,580.86, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. OFELINA M. AND
DEAN L. PATTEN, CODE ENFORCEMENT BOARD CASE NO.
CESD20110007245, RELATING TO PROPERTY LOCATED AT
4530 20TH ST. NE, COLLIER COUNTY, FLORIDA — FOR
EXPIRED COLLIER COUNTY PERMITS FOR A POOL AND
SCREEN CAGE, FAILURE TO OBTAIN 10-DAY SPOT
SURVEYS, AND AN UNPERMITTED SHED ON THE
PROPERTY
Item #16A14
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $179,681 .43 FOR PAYMENT OF
$17,681 .43, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. JULIO C.
RODRIGUEZ, CODE ENFORCEMENT BOARD CASE NO.
CESD20110006525, RELATING TO PROPERTY LOCATED AT
2620 22ND AVENUE NE, COLLIER COUNTY, FLORIDA — FOR
EXPIRED COLLIER COUNTY PERMITS FOR A POOL, POOL
CAGE, AND SCREEN ENCLOSURE, AND AN UNPERMITTED
FENCE
Item #16A15
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $177,830.57 FOR PAYMENT OF $530.57,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. EDGAR PEREZ, CODE
Page 119
July 8, 2014
ENFORCEMENT BOARD CASE NO. CESD20090010573,
RELATING TO PROPERTY LOCATED AT 3445 56TH AVENUE
NE, COLLIER COUNTY, FLORIDA — FOR UNLAWFUL
MODIFICATION OF ELECTRICAL AND PLUMBING TO THE
MAIN STRUCTURE AND FENCE, AND AN INVALID PERMIT
FOR A HORSE BARN WITHOUT ISSUANCE OF A
CERTIFICATE OF COMPLETION
Item #16A16
RELEASE OF A CODE ENFORCEMENT LIEN (AND
AMENDED LIEN) WITH AN ACCRUED VALUE OF $23,967.96,
FOR PAYMENT OF $1,168.90, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. JERRY CURRIE AND SUSAN CURRIE, SPECIAL
MAGISTRATE CASE NO. CEPM20090008987, RELATING TO
PROPERTY LOCATED AT 1797 54TH ST. SW., COLLIER
COUNTY, FLORIDA — FOR AN UNMAINTAINED POOL
Item #16A17 — Correction (Per Agenda Change Sheet)
SEVEN RELEASES OF CODE ENFORCEMENT LIENS WITH A
COMBINED ACCRUED VALUE OF $138,238.19 FOR
PAYMENT OF $4,188.19, AND A RELATED SETTLEMENT
AGREEMENT IN THE CODE ENFORCEMENT ACTIONS
ENTITLED BOARD OF COUNTY COMMISSIONERS V. JUDITH
HARBRECHT HILL AND WILLIAM P. HILL, TRUSTEES, IN
SPECIAL MAGISTRATE CASE NOS. CEPM20100008282,
CEPM20110004402, CEPM20110011182, CEPM20120000872,
CEV20120000968, CENA20120009734 AND CEPM20120017192,
RELATING TO PROPERTY LOCATED AT 451 TORREY PINES
Page 120
July 8, 2014
POINT, COLLIER COUNTY, FLORIDA — FOR VARIOUS CODE
VIOLATIONS
Item #16A18
RELEASE OF TWO CODE ENFORCEMENT LIENS WITH A
COMBINED ACCRUED VALUE OF $392,298.99 FOR
PAYMENT OF $9,904, IN THE CODE ENFORCEMENT
ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS
V. LINDA HAINES AND WILLIAM HAINES, SPECIAL
MAGISTRATE CASE NOS. 2007-080938 AND
CEPM20120007772, RELATING TO THE PROPERTY LOCATED
AT 3087 LUNAR STREET (A/K/A 3077 LUNAR STREET),
COLLIER COUNTY, FLORIDA — FOR A DETERIORATED
VACANT MOBILE HOME
Item #16A19
AN EASEMENT AGREEMENT FOR THE ACQUISITION OF
PARCEL 102TCE, A TEMPORARY CONSTRUCTION
EASEMENT REQUIRED FOR THE CONSTRUCTION OF A
REPLACEMENT BRIDGE ON 28TH AVENUE SOUTHEAST
OVER THE MILLER CANAL. (PROJECT NO. 60123.)
ESTIMATED FISCAL IMPACT: $1,180
Item #16A20
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 211 RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
Page 121
July 8, 2014
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: $3,500)
Item #16A21
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 258RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. (PROJECT
NO. 60040.) ESTIMATED FISCAL IMPACT: $2,527
Item #16A22
AWARD OF CONTRACTS #14-6190 GOLDEN GATE CITY
STORMWATER DRAINAGE IMPROVEMENT PROJECT
DESIGN TO AGNOLI, BARBER AND BRUNDAGE, INC., CH2M
HILL ENGINEERS, INC., JOHNSON ENGINEERING INC., AND
RWA, INC., FOR PROFESSIONAL DESIGN AND RELATED
SERVICES AND THE CHAIRMAN TO EXECUTE THE
CONTRACTS — MOST OF THE SYSTEM IS MORE THAN 50
YEARS OLD AND IS NOW FUNCTIONALLY OBSOLETE
Item #16A23
DECLARING A VALID PUBLIC EMERGENCY, WAIVE THE
THRESHOLD AMOUNTS ESTABLISHED FOR A
"CONTINUING CONTRACT" IN ACCORDANCE WITH THE
LIMITED EXCEPTION UNDER THE CONSULTANTS'
COMPETITIVE NEGOTIATION ACT, FLORIDA STATUTES §
287.055(3)(A) AND A WORK ORDER UNDER PROFESSIONAL
Page 122
July 8, 2014
SERVICES CONTRACT NUMBER #13-6164 TO COMPLETE
THE DESIGN WITH MODIFICATIONS AS DESCRIBED
HEREIN AND ADD ADDITIONAL DESIGN SERVICES FOR
MAINTENANCE OF TRAFFIC FOR THE DESIGN & RELATED
SERVICES FOR REPLACEMENT OF BRIDGE NUMBER 034020
ON WHITE BOULEVARD OVER CYPRESS CANAL PROJECT.
(PROJECT NUMBER 66066) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A24
AWARD ITB #14-6234 FOR THE TRAFFIC SIGNAL UPGRADE
AT THE INTERSECTION OF PINE RIDGE ROAD AT PINE
RIDGE MIDDLE SCHOOL TO HIGHWAY SAFETY DEVICES,
INC., IN THE AMOUNT OF $257,457 FOR PROJECT #60172 —
UPGRADING THE EXISTING SPAN WIRE SIGNAL TO A
STEEL MAST ARM ASSEMBLY
Item #16A25
AUTHORIZING AN ADDITIONAL VEHICLE PURCHASE IN
THE GROWTH MANAGEMENT DIVISION, ROAD AND
BRIDGE MAINTENANCE DEPARTMENT AS PART OF THE
COUNTY'S ASSET MANAGEMENT EFFORTS AND
NECESSARY BUDGET AMENDMENT (ESTIMATED FISCAL
IMPACT $30,000) — NEEDED FOR ASSET DATA COLLECTION
AND DATA MAINTENANCE
Item #16A26
Page 123
July 8, 2014
A LANDSCAPE MAINTENANCE AGREEMENT WITH THE
KINGS LAKE HOMEOWNERS ASSOCIATION WHICH
AUTHORIZES THE COUNTY TO PURCHASE VEGETATION
TO BE PLANTED BY THE COUNTY ALONG THE KINGS
LAKE PROPERTY LINE THAT ABUTS THE ROAD
MAINTENANCE FACILITY LOCATED AT 4800 DAVIS
BOULEVARD. (ESTIMATED FISCAL IMPACT $5,502.50) — THE
EXISTING HEDGE NO LONGER PROVIDES ADEQUATE
SCREENING
Item #16A27
AMENDMENT NO. A01 TO AGREEMENT #4600002912
BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT, MODIFYING THE
TIMELINE FOR THE CONSTRUCTION OF THE 28TH AVE SE
BRIDGE. (PROJECT 60123) — ALLOWING CONSTRUCTION TO
TAKE PLACE OUTSIDE OF THE RAINY SEASON
Item #16A28
SELECTION COMMITTEE RANKINGS AND STAFF TO ENTER
INTO CONTRACT NEGOTIATIONS WITH VIBENGINEERING
INC. FOR DESIGN OF A COMPREHENSIVE TRAFFIC SYSTEM
ENGINEERING MANAGEMENT PLAN (REQUEST FOR
PROPOSAL NO. 14-6246 FOR THE FDOT LOCAL AREA
PROJECT, NETWORK STUDY AND ANALYSIS, FM NO.
430868-1-18-01) - TO INVESTIGATE AND GATHER
INFORMATION FROM THE TRAFFIC NETWORK AND THE
INTELLIGENT TRAFFIC SYSTEMS
Page 124
July 8, 2014
Item #16A29
RESOLUTION 2014-143: EXTENDING THE COLLIER COUNTY
ARCHITECTURAL AND SITE DESIGN STANDARDS AD HOC
COMMITTEE FOR 12 MONTHS
Item #16A30
A DEVELOPER AGREEMENT BETWEEN HACIENDA LAKES
OF NAPLES LLC (DEVELOPER) AND COLLIER COUNTY
(COUNTY) TO FUND, DESIGN, PERMIT AND CONSTRUCT A
PORTION OF RATTLESNAKE HAMMOCK ROAD EAST OF
COLLIER BOULEVARD FROM TWO TO FOUR LANES, IN A
MANNER CONSISTENT WITH THE DEVELOPMENT ORDER
RESOLUTION 2011-201
Item #16A31
RECOGNIZING THE COMMITMENT OF THE PREPAYMENT
OF ROAD IMPACT FEES IN THE AGREEMENT BY AND
BETWEEN GATEWAY SHOPPES II, LLC, WAL-MART STORES
EAST, L.P., AND WCI COMMUNITIES, INC. AND THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AS RECORDED IN O.R. BOOK 3859, PAGE 3211
AND TO ISSUE A CERTIFICATE OF PUBLIC FACILITY
ADEQUACY (COA) IN PERPETUITY FOR THE OUTPARCELS
REMAINING TO BE COMPLETED IN THE DEVELOPMENT
Item #16C1
RESOLUTION 2014-144 (DISTRICT I) AND RESOLUTION 2014-
Page 125
July 8, 2014
145 (DISTRICT II): SETTING THE DATE, TIME AND PLACE
FOR AN ADVERTISED PUBLIC HEARING WHERE THE
BOARD OF COUNTY COMMISSIONERS WILL ADOPT
SPECIAL ASSESSMENTS TO BE COLLECTED ON THE NON-
AD VALOREM PROPERTY TAX BILL FOR CURBSIDE SOLID
WASTE COLLECTION AND DISPOSAL SERVICES FOR
FISCAL YEAR 2015 AND THE NOTIFICATION TO
CUSTOMERS
Item #16C2
A BUDGET AMENDMENT IN THE AMOUNT OF $2,800,000 TO
RECOGNIZE FUNDING FROM A LITIGATED SETTLEMENT
AGREEMENT AND APPROPRIATE THESE FUNDS INTO
DESIGNATED, PROGRAMMED PUBLIC UTILITY SYSTEM
CAPITAL PROJECTS — RECOVERING DAMAGES INCURRED
DUE TO A RAW WATER TRANSMISSION PIPELINE FAILURE
AT THE SOUTH REVERSE OSMOSIS RAW WATER
WELLFIELD
Item #16C3
AN AGREEMENT WITH OLDE CYPRESS HOMEOWNERS'
ASSOCIATION, INC., REGARDING THE INSTALLATION OF
FENCING AROUND WASTEWATER PUMP STATIONS
Item #16C4
A TIME EXTENSION OF 120 DAYS TO THE FINAL
COMPLETION OF CONTRACT #12-5931 WITH D.N. HIGGINS,
INC., PURCHASE ORDER 4500142945, FOR THE MASTER
Page 126
July 8, 2014
PUMPING STATION 312 REHABILITATION PROJECT, UNDER
PROJECT 72549, AND AUTHORIZE PAYMENT OF THE
REMAINING BALANCE OF THE CONTRACT FOR SERVICES
RENDERED — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C5
A CONTRACT WITH URS CORPORATION IN THE AMOUNT
OF $922,959 UNDER REQUEST FOR PROPOSAL NUMBER 14-
6198, "DESIGN AND SUPPORT SERVICES FOR THE COLLIER
COUNTY LANDFILL LEACHATE DEEP INJECTION WELL,"
PROJECT NUMBER 70101 — DESIGN AND PERMITTING ARE
EXPECTED TO TAKE 15 MONTHS WITH CONSTRUCTION
EXPECTED TO BEGIN IN OCTOBER 2015
Item #16C6
ADVERTISING A RESOLUTION ADJUSTING THE COLLIER
COUNTY WATER-SEWER DISTRICT BULK SERVICES
WATER RATES WITHIN THE HAMMOCK BAY SERVICE
AREA, AS AUTHORIZED BY THE POTABLE WATER BULK
SERVICES AGREEMENT BETWEEN THE COLLIER COUNTY
WATER-SEWER DISTRICT AND THE CITY OF MARCO
ISLAND, DATED MAY 9, 2006 — INCREASING BULK WATER
SERVICE RATES OVER THE NEXT THREE YEARS,
EFFECTIVE OCTOBER 1, 2014
Item #16C7
PAYMENT IN THE AMOUNT OF $4,950 TO SIMMONDS
ELECTRICAL OF NAPLES, INC., FOR TESTING AND REPAIR
Page 127
July 8, 2014
OF THE IRRIGATION QUALITY WATER SCADA RADIO
SYSTEM — COVERING THE FEE FOR A SUBCONTRACTOR,
ADVANTAGE COMMUNICATIONS
Item #16C8
A BUDGET AMENDMENT IN THE AMOUNT OF $285,100
TRANSFERRING FUNDS BETWEEN COST CENTERS AND
LINE ITEMS WITHIN THE COLLIER COUNTY WATER-
SEWER DISTRICT FUND (408) TO COVER COSTS FOR
UNANTICIPATED BANK FEES, IT SUPPORT, FLEET
MAINTENANCE, AND CONTRACTUAL SERVICES FOR THE
COLLIER COUNTY WATER-SEWER DISTRICT'S FINANCIAL
OPERATIONS DEPARTMENT — FUNDING IS NEEDED TO
TAKE ADVATANGE OF SAVINGS ON A THREE-YEAR
MAINTEANCE CONTRACT VERSUS PURCHASING EACH
YEAR INDIVIDUALLY
Item #16C9
A BUDGET AMENDMENT IN THE AMOUNT OF $320,000
TRANSFERRING FUNDS FROM MANDATORY TRASH
COLLECTION FUND RESERVES, AND FROM WITHIN THE
OPERATING BUDGET, TO THE DISTRICT I AND DISTRICT II
FY14 OPERATING EXPENSE BUDGET TO PAY FOR
COLLECTION AND DISPOSAL COSTS FOR RESIDENTIAL
CURBSIDE SOLID WASTE AT THE COLLIER COUNTY
LANDFILL — THE FORECASTED TONNAGE OF RESIDENTIAL
CURBSIDE TRASH AND YARD WASTE IS EXPECTED TO
EXCEED BUDGET BY 9 PERCENT
Page 128
July 8, 2014
Item #16C10
AWARD CONTRACT #14-6213 FOR GENERAL UTILITY
SERVICES TO DOUGLAS N. HIGGINS, INC., HASKINS, INC.,
KYLE CONSTRUCTION, INC., MITCHELL & STARK
CONSTRUCTION CO., INC., QUALITY ENTERPRISES USA,
INC., AND SOUTHWEST UTILITY SYSTEMS, INC.; AND,
AUTHORIZE THE CHAIR TO SIGN AND EXECUTE THE
CONTRACT AFTER FINAL APPROVAL BY THE COUNTY
ATTORNEY'S OFFICE — REPLACING CONTRACT #08-5001
WHICH EXPIRES ON SEPTEMBER 10, 2014
Item #16C11
ADVERTISING A RESOLUTION AMENDING SCHEDULES
ONE THROUGH TWO OF APPENDIX A TO SECTION FOUR OF
COLLIER COUNTY ORDINANCE NO. 2001-73, AS AMENDED,
TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM BILLING, OPERATING, AND REGULATORY
STANDARDS ORDINANCE, TO INCLUDE PROPOSED RATES
FOR WATER, WASTEWATER, AND IRRIGATION QUALITY
WATER SERVICES WITH EFFECTIVE DATES OF OCTOBER 1,
2014, OCTOBER 1, 2015 AND OCTOBER 1, 2016 FOR
SCHEDULES ONE AND TWO
Item #16D1
A REVOCABLE TEMPORARY LICENSE AGREEMENT WITH
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
FOR THE INSTALLATION, AT DISTRICT EXPENSE, OF A
RAIN GAUGE AND ASSOCIATED TELEMETRY EQUIPMENT
Page 129
July 8, 2014
AT FREEDOM PARK — PROVIDING THE NECESSARY TOOLS
TO OPERATE STORM WATER EQUIPMENT AND PREVENT
FLOODING
Item #16D2
AMENDMENT NO. 3 TO THE SUBRECIPIENT AGREEMENT
WITH CATHOLIC CHARITIES, DIOCESE OF VENICE, INC.,
PROVIDING A TIME EXTENSION AND SUBRECIPIENT NAME
MODIFICATION FOR THE FY12 COMMUNITY EMERGENCY
SOLUTIONS GRANT — THE COMPLETION DATE IS
EXTENDED FROM AUGUST 31, 2014 TO SEPTEMBER 30, 2014
Item #16D3
A "RELEASE OF AGREEMENT AUTHORIZING AN
AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING
COVENANTS AND RESTRICTIONS ON REAL PROPERTY"
FOR THE OSPREYS LANDING APARTMENTS — THE UNITS
DESIGNED AS AFFORDABLE RECEIVED CERTIFICATES OF
OCCUPANCY BETWEEN OCTOBER 31, 1995 AND DECEMBER
28, 1995, THEREFORE THE AGREEMENT MAY HAVE BEEN
TERMINATED ON DECEMBER 28, 2010
Item #16D4
THE STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM FISCAL YEAR 2014-2015 ALLOCATION AND A
BUDGET AMENDMENT IN THE AMOUNT OF $1,545,449 AND
AUTHORIZE THE CHAIRMAN TO SIGN THE FISCAL YEAR
2014/2015 FUNDING CERTIFICATION — CONTINUING TO
Page 130
July 8, 2014
AWARD FUNDS TO FIRST-TIME HOMEBUYERS FOR
PURCHASE ASSISTANCE AND ADMINISTER A
REHABILITATION PROGRAM FOR LOW-TO MODERATE-
INCOME PERSONS
Item #16D5
AN "AFTER THE FACT" SUBMITTAL OF THE PROPOSED
PROJECT PROPOSAL TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE FEDERAL TRANSIT
ADMINISTRATION SECTION 5310 GRANT PROGRAM FOR A
TOTAL FUNDING REQUEST OF $482,480, ACCEPT THE
REVISED GRANT AWARD IN THE SAME AMOUNT,
AUTHORIZE NECESSARY BUDGET AMENDMENTS AND
APPROVE THE PURCHASE OF FIVE PARATRANSIT
VEHICLES USING THOSE FUNDS
Item #16D6
AUTHORIZING THE CHAIRMAN TO SIGN PARTNERS FOR
FISH AND WILDLIFE PROGRAM LANDOWNER AGREEMENT
ACCEPTING A $15,000 GRANT AWARD FROM THE U.S. FISH
AND WILDLIFE SERVICE PARTNERS FOR FISH AND
WILDLIFE PROGRAM FOR FISH AND WILDLIFE HABITAT
RESTORATION AT RIVERS ROAD PRESERVE — A 76 ACRE
PRESERVE LOCATED IN CENTRAL COLLIER COUNTY,
WITHIN THE PRIMARY ZONE OF THE FLORIDA PANTHER
FOCUS AREA
Item #16D7
Page 131
July 8, 2014
RESOLUTION 2014-146: SUPPORTING THE PARKS AND
RECREATION DEPARTMENT IN SEEKING NATIONAL
REACCREDITATION AS A VALID AND PROPER PUBLIC
PURPOSE AND A RESOLUTION AUTHORIZING THE
EXPENDITURE OF FUNDS TO HOST THE ACCREDITATION
COMMISSION NOT TO EXCEED $10,000
Item #16D8
A SATISFACTION AND RELEASE OF LIEN FOR PAYMENT
OF DEFERRED COUNTYWIDE IMPACT FEES — FOR
PROPERTY AT 7358 BRISTOL CIRCLE, NAPLES
Item #16D9
A MODIFIED DEVELOPER AGREEMENT CLARIFYING
TERMS WITH NR CONTRACTORS, INC. FOR REQUEST FOR
PROPOSAL (RFP) #14-6259, "NSP MULTI-FAMILY PROPERTY
AND PROGRAM ASSUMPTION," (GILCHRIST APARTMENTS)
AND AN EXTENSION OF THE LEGAL NON-CONFORMING
WAIVER TO MAY 31, 2017, AND A MINOR AMENDMENT TO
THE NSP1 ACTION PLAN — MODIFICATIONS WILL ENSURE
CONSISTENCY WITH REGARDS TO BUILDING CODE AND
HOUSING QUALITY STANDARDS
Item #16D10
A TRANSPORTATION COORDINATION AGREEMENT WITH
UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC
— PROVIDING TRANSPORTATION SERVICES FOR
Page 132
July 8, 2014
INDIVIDUALS RECEIVING SERVICE
Item #16D11
RESOLUTION 2014-147: JOINT PARTICIPATION AGREEMENT
IN THE AMOUNT OF $1,100,000, WITH A 50% MATCH OF
$550,000 FOR A PERIOD NOT TO EXCEED THREE YEARS
FROM THE DATE OF EXECUTION, TO PROVIDE OPERATING
AND MARKETING FUNDING FOR ESTABLISHING A NEW
COLLIER AREA TRANSIT ROUTE TO SERVICE COLLIER
BOULEVARD AND IMMOKALEE ROAD WHICH WAS
PREVIOUSLY APPROVED BY THE BOARD, A RESOLUTION
AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT; AND
ALL NECESSARY BUDGET AMENDMENTS
Item #16D12
RECOGNIZING CARRY FORWARD FROM ACCRUED
INTEREST IN THE AMOUNT OF $105,519.28 AND UNUSED
GRANT FUNDS IN THE AMOUNT OF $2.12 FROM STATE AID
TO LIBRARY GRANTS REVENUE AND APPROPRIATE
THOSE FUNDS FOR EXPENDITURES ON LIBRARY
MATERIALS, SERVICES, AND EQUIPMENT
Item #16D13
THE CONVEYANCE OF A UTILITY EASEMENT ON COUNTY
PROPERTY TO THE CITY OF NAPLES, TOGETHER WITH THE
RELATED UTILITY INFRASTRUCTURE ASSOCIATED WITH
THE GORDON RIVER GREENWAY PARK PROJECT — ALONG
GOLDEN GATE PARKWAY AT BEAR'S PAW COUNTRY
Page 133
July 8, 2014
CLUB, FOLIO #61947800001
Item #16D14
AN UNDERGROUND FACILITIES CONVERSION
AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY
FOR PHASE TWO AND THREE OF THE VANDERBILT BEACH
MUNICIPAL SERVICE TAXING UNIT UTILITY CONVERSION
PROJECT — ALONG VANDERBILT DRIVE BETWEEN
VANDERBILT BEACH ROAD AND 111TH AVENUE
Item #16D15
A MASTER CONTRACT WITH AREA AGENCY ON AGING OF
SOUTHWEST FLORIDA, INC. FOR FEDERAL- AND STATE-
FUNDED SERVICES FOR SENIORS PROGRAMS —
REPLACING CONTRACT EXTENSIONS FOR STATE-FUNDED
CCE, ADI AND HCE GRANT AGREEMENTS THAT WILL
TERMINATE ON JULY 24, 2014
Item #16E1
REJECT INVITATION TO BID (ITB) #13-6165 FOR PLUMBING
CONTRACTORS AND EXTEND CONTRACT #09-5323 — ON
CALL PLUMBING CONTRACTORS TO SHAMROCK
PLUMBING AND MECHANICAL, INC., FOR SIX (6) MONTHS
OR UNTIL A NEW SOLICITATION IS EXECUTED —
ALLOWING STAFF TO MAKE NECESSARY MODIFICATIONS
TO THE SOLICITATION
Item #16E2
Page 134
July 8, 2014
A FIRST AMENDMENT TO LEASE WITH RANDALL
BENDERSON AND DAVID H. BALDAUF, TRUSTEES, FOR
OFFICE SPACE IN PARKWAY PLAZA, GOLDEN GATE CITY,
FOR THE HEALTH DEPARTMENT'S WOMEN, INFANTS AND
CHILDREN'S (WIC) PROGRAM — LOCATED IN GOLDEN
GATE CITY AT 4945 GOLDEN GATE PARKWAY, SUITE #103
Item #16E3
A CONTRACT FOR P25 RADIO CONSULTING SERVICES
ASSOCIATED WITH REQUEST FOR PROPOSAL #14-6279;
AND THE CHAIRMAN TO SIGN THE CONTRACT AFTER
FINAL REVIEW BY THE COUNTY ATTORNEY — STARTING
JULY 8, 2014 AND ENDING JULY 7, 2019
Item #16E4
A SECOND AMENDMENT TO LEASE AGREEMENT WITH
SPRINT SPECTRUM L.P., SUCCESSOR IN INTEREST TO
NEXTEL SOUTH CORP., CONCERNING COMMUNICATIONS
EQUIPMENT LOCATED ON COUNTY PROPERTY —
RELOCATING THE ANTENNA EQUIPMENT TO ANOTHER
POSITION ON THE ROOF IN ORDER TO IMPROVE
COVERAGE
Item #16E5
REVENUE FOR SPECIAL SERVICES TO THE FACILITIES
MANAGEMENT DEPARTMENT COST CENTER AND ALL
NECESSARY BUDGET AMENDMENTS FOR THE FISCAL
Page 135
July 8, 2014
YEAR 2013-2014 — FOR BUILDING MAINTENANCE WHEN
REQUESTED BY VARIOUS DEPARTMENTS
Item #16E6
RESOLUTION 2014-148: APPROVING THE 457 ROTH AFTER-
TAX CONTRIBUTIONS OPTION WITH ICMA-RC AND
NATIONWIDE RETIREMENT SOLUTIONS, INC. (NRS) 457
PLAN AGREEMENT FOR THE BOARD OF COLLIER COUNTY
COMMISSIONERS AND SUPERVISOR OF ELECTIONS AND
DESIGNATE THE COUNTY MANAGER TO BE THE OFFICIAL
PLAN COORDINATOR
Item#16E7
STAFF-APPROVED CHANGE ORDERS AND CHANGES TO
WORK ORDERS — FOR THE PERIOD OF MAY 13, 2014 TO
JUNE 26, 2014
Item #16E8
AWARD OF CONTRACT #14-6255R CCSO SUBSTATION AT
EMS-12 ORANGE TREE TO BSSW ARCHITECTS INC. FOR
PROFESSIONAL ENGINEERING SERVICES, AN ASSOCIATED
BUDGET AMENDMENT, AND AUTHORIZE THE CHAIRMAN
TO EXECUTE THE APPROVED CONTRACT
Item #16E9
ADDITIONS, DELETIONS, AND RECLASSIFICATIONS TO
THE 2014 FISCAL YEAR PAY AND CLASSIFICATION PLAN
Page 136
July 8, 2014
MADE FROM APRIL 1, 2014 THROUGH JUNE 30, 2014 -
WITHIN THE GROWTH MANAGEMENT DIVISION
Item #16E10
AWARD INVITATION TO BID (ITB) #14-6280 "FENCING
INSTALLATION AND REPAIR" TO CARTER FENCE
COMPANY, INC., AND BUE, INC., D/B/A
GATEKEEPERS/GATESWORK (GATESWORK); AND
AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACTS —
FOR NEW FENCE INSTALLATIONS AND REPAIRS TO
EXISTING FENCES FOR FACILITIES, PARKS AND
RECREATION, PUBLIC UTILITIES AND GROWTH
MANAGEMENT
Item #16E11
AWARD CONTRACTS FOR SERVICES TO ASSIST COUNTY
STAFF IN MONITORING AND DOCUMENTING THE COST
INCURRED TO REMOVE AND DISPOSE OF DISASTER-
GENERATED DEBRIS IN FULL COMPLIANCE WITH
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
RULES AND REGULATIONS. (CONTRACT #14-6188,
"FEDERAL EMERGENCY MANAGEMENT AGENCY
ACCEPTABLE MONITORING OF DISASTER GENERATED
DEBRIS MANAGEMENT) — THREE FIRMS WERE
RECOMMENDED, LEIDOS, INC. AS PRIMARY, THOMPSON
CONSULTING SERVICES AS SECONDARY AND LANDFALL
STRATEGIES AS TERTIARY
Item#16E 12
Page 137
July 8, 2014
A BUDGET AMENDMENT TO RECOGNIZE AND
APPROPRIATE FUNDS FOR THE MILE MARKER 63 FIRE
STATION-OCHOPEE FIRE CONTROL, FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION IN ACCORDANCE
WITH AN INTERLOCAL AGREEMENT APPROVED BY THE
BOARD ON APRIL 8, 2014 IN THE AMOUNT OF $3,259,335 —
REVENUE IS FOR ONE YEAR'S OPERATING COST AND
CAPITAL COST
Item #16E13
A LEASE AGREEMENT WITH IMMOKALEE FIRE CONTROL
DISTRICT FOR USE BY EMS OF IMMOKALEE STATION 31
WITH NO ANNUAL RENT — LOCATED AT 1107 CARSON
ROAD
Item #16E14
THE HEARING OFFICER'S RECOMMENDATION IN THE
APPEAL OF INVITATION TO BID (ITB) #13-6113 JANITORIAL
SERVICES; AWARD THE CONTRACT TO ISS FACILITY
SERVICES, INC; AND, THE CHAIRMAN TO EXECUTE A
COUNTY ATTORNEY APPROVED CONTRACT — THE
HEARING WAS CONDUCTED ON MAY 7, 2014 BY SPECIAL
MAGISTRATE BRENDA C. GARRETSON
Item #16F1
A TERMINATION OF AGREEMENT AND RELEASE OF LIEN
FOR OSPREYS LANDING, LTD. FOR THE OSPREYS LANDING
Page 138
July 8, 2014
APARTMENTS, DUE TO THE IMPACT FEES BEING PAID IN
FULL IN ACCORDANCE WITH AND THE TERMS OF THE 1994
DEFERRAL AGREEMENT AND THE MULTI-FAMILY RENTAL
IMPACT FEE DEFERRAL PROGRAM, AS SET FORTH BY
SECTION 74-401(E) AND 74-401(G) (5) OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES
Item #16F2
THE TOURISM DEPARTMENT'S SPORTS MARKETING
SECTION SUBMITTAL OF FLORIDA SPORTS FOUNDATION
GRANT APPLICATIONS TO SUPPORT FUTURE COLLIER
COUNTY SPORTS EVENTS IN THE TOTAL AMOUNT OF
$140,700, THE COUNTY MANAGER OR HIS DESIGNEE TO
EXECUTE THE APPLICATIONS AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F3
RESOLUTION 2014-149: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET
Item #16H1
RESOLUTION 2014-150: APPOINTING MARTHA D. WILLIAMS
TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT
AGENCY
Page 139
July 8, 2014
Item #16H2
RESOLUTION 2014-151 : APPOINTING LINDA RAE
JORGENSEN TO THE LELY GOLF ESTATES
BEAUTIFICATION MSTU ADVISORY COMMITTEE
Item #16H3
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION LUNCHEON ON JUNE 19, 2014. THE SUM OF
$18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — HELD AT 7065 HAMILTON AVENUE
Item #16J1
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND DISBURSEMENTS FOR THE
PERIOD OF JUNE 19, 2014 THROUGH JUNE 25, 2014
Item #16J2
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND OF DISBURSEMENTS FOR
THE PERIOD OF JUNE 26, 2014 THROUGH JULY 1, 2014
Item #16K1
AN AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
FOR THE RETENTION AGREEMENT WITH HENDERSON,
Page 140
July 8, 2014
FRANKLIN, STARNES & HOLT, P.A. EXTENDING THE
EXPIRATION DATE TO SEPTEMBER 12, 2016 AND BY
AMENDING EXHIBIT "A" OF THE AGREEMENT
Item #16K2
THE MEDIATION SETTLEMENT PRIOR TO TRIAL IN THE
LAWSUIT ENTITLED GERALDINE HARRIS V. COLLIER
COUNTY, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 13-904-CA
FOR THE SUM OF $10,000 AND AUTHORIZE THE CHAIRMAN
TO EXECUTE THE SETTLEMENT AGREEMENT AND
MUTUAL RELEASE — THE LAWSUIT ARISES FROM A SEWER
BACK-UP THAT OCCURRED ON MARCH 17, 2009 AT THE
PLANTIFF'S RESIDENCE
Item #16K3
A JOINT MOTION FOR FINAL JUDGMENT IN THE AMOUNT
OF $28,300 FOR THE ACQUISITION OF PARCELS 113FEE AND
113TCE 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:
$13,470) — PARCELS ARE PART OF THE FREEDOM SQUARE
SHOPPING CENTER
Item #16K4 — Continued Indefinitely (Per Agenda Change Sheet)
RECOMMENDATION TO AUTHORIZE THE COUNTY
ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE
Page 141
July 8, 2014
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AGAINST THE VINEYARDS DEVELOPMENT CORPORATION,
DEBRA LEE GOGAN, AMELIA SOSA, AND ASTRID
RAMIREZA IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY,
FLORIDA, TO RECOVER DAMAGES FOR THE REPAIR OF A
TRAFFIC CONTROL BOX IN THE AMOUNT OF $30,771.56,
PLUS COSTS OF LITIGATION
Item #16K5 — Moved to Item #12A
(Per Commissioner Hiller during Agenda Changes)
Item #16K6
THE COUNTY ATTORNEY TO PURSUE AN APPEAL IN THE
CASE ENTITLED THOMAS C. CURRY V. COLLIER COUNTY,
CASE NO. 14-0087-CA — RELATING TO A MAY 29, 2014 TRIAL
COURT AWARDING SEVERANCE DAMAGES
Item #16K7
A FIRST AMENDMENT TO LICENSE AGREEMENT WITH
SUMMIT BROADBAND INC. TO EXPAND THE LICENSED
AREA TO ALLOW FOR THE INSTALLATION OF AN
UPGRADED ELECTRICAL SERVICE CONNECTION FOR THE
COMMUNICATIONS FACILITY — EXPANDING THE AREA BY
1,400 SQUARE FEET IN THE PELICAN BAY AREA
Item #16K8
PAYMENT FOR MEDIATION SERVICES BY JAMES A.
Page 142
July 8, 2014
HELINGER, JR. FOR THE SETTLEMENTS OF PARCELS
TAKEN FOR THE IMPROVEMENTS TO COLLIER
BOULEVARD (PROJECT NO. 68056) AND TO AUTHORIZE
THE COUNTY ATTORNEY TO RETAIN MR. HELINGER FOR
FUTURE MEDIATIONS UNDER THE TERMS OF THE LETTER
Item #16K9
RESOLUTION 2014-151A: CONVEYANCE OF RIGHT-OF-WAY
FOR COLLIER BOULEVARD EXTENSION. FISCAL IMPACT:
NONE
Item #16K10
A SETTLEMENT AGREEMENT AND RELEASE WITH A
GERALDINE LUSTRO, IN ORDER TO SETTLE A CLAIM BY
HER AGAINST FUNDS DONATED TO THE COLLIER COUNTY
PUBLIC LIBRARY BY HER BROTHER, RONALD M. WADE,
DECEASED, AND TO ACCEPT AND RECOGNIZE THE
REMAINDER OF THE DONATED FUNDS
Item #17A
ORDINANCE 2014-27: AN EXPANSION TO THE NORTHEAST
QUADRANT OF MIXED USE ACTIVITY CENTER NO. 7
(RATTLESNAKE HAMMOCK ROAD AND COLLIER
BOULEVARD) AS A 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) (PL-2013-
Page 143
July 8, 2014
0002249/CPSS-2013-2) [COMPANION TO REZONE PETITION
PL20130001652 AND CONDITIONAL USE PETITION
PL20130002241 .]
Item #17B
ORDINANCE 2014-28: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM COMMERCIAL
INTERMEDIATE (C-3) AND HEAVY COMMERCIAL (C-5)
ZONING DISTRICTS TO A GENERAL COMMERCIAL (C-4)
ZONING DISTRICT, FOR PROPERTY LOCATED ON THE EAST
SIDE OF COLLIER BOULEVARD (C.R. 951) NORTH OF
RATTLESNAKE-HAMMOCK ROAD (C.R. 864) IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 18.95+/- ACRES; PROVIDING FOR
REPEAL OF ORDINANCES 99-84, 00-75, 02-26, 03-31 AND 04-
23; AND BY PROVIDING AN EFFECTIVE DATE; [RZ-
PL20130001652 - COMPANION TO CU-PL20130002241 AND
PL20130002249/CPSS-2013-2]
Item #17C
RESOLUTION 2014-152: A CONDITIONAL USE TO ALLOW
AIR-CONDITIONED INDOOR SELF STORAGE (SIC CODE
Page 144
July 8, 2014
4225) WITHIN A GENERAL COMMERCIAL (C-4) ZONING
DISTRICT PURSUANT TO SECTION 2.03.03.D.1.C.21 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED ON THE EAST SIDE OF COLLIER
BOULEVARD (C.R. 951) NORTH OF RATTLESNAKE-
HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (CU-
PL20130002241) - COMPANION TO [RZ-PL20130001652] AND
COMPANION TO [PL20130002249/CPSS-2013-2], COLLIER
BOULEVARD COMMERCIAL PROPERTIES)
Item #17D
RESOLUTION 2014-153: STAFF-PROPOSED 2011
EVALUATION AND APPRAISAL REPORT-BASED
AMENDMENTS TO THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, TO
FIX GLITCHES RELATED TO CHANGES IN 2011 EAR-BASED
AMENDMENTS AND REVISE FOR INTERNAL
CONSISTENCY, FOR TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW
AND COMMENTS RESPONSE (TRANSMITTAL HEARING)
Item #17E
ORDINANCE 2014-29: REPEALING AND REPLACING
ORDINANCE 94-39, AS AMENDED, KNOWN AS THE
COLLIER COUNTY RESIDENTIAL REHABILITATION
PROGRAM, TO REVISE THE PROGRAM TO BE KNOWN AS
THE COLLIER COUNTY OWNER-OCCUPIED
REHABILITATION PROGRAM
Page 145
July 8, 2014
Item #17F
ORDINANCE 2014-30: AN AMENDMENT TO THE TOURIST
DEVELOPMENT TAX ORDINANCE NO. 92-60, AS AMENDED,
THE REALLOCATION OF FUNDS BETWEEN TOURIST
DEVELOPMENT TAX CATEGORIES WITH A
SUPERMAJORITY VOTE OF THE BOARD AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM
Item #17G
RESOLUTION 2014-154: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET
Item #17H
ORDINANCE 2014-31 : AN AMENDMENT TO ORDINANCE NO.
83 - 25, AS AMENDED, TO CORRECT THE NAME OF THE
DEFERRED COMPENSATION PROVIDER TO NATIONWIDE
RETIREMENT SOLUTIONS, INC. PREVIOUSLY KNOWN AS
NATIONAL ASSOCIATION OF COUNTIES (NACO) AND
PREVIOUSLY ADMINISTERED BY PUBLIC EMPLOYEES
BENEFIT SERVICES CORPORATION (PEBSCO), TO APPROVE
REMOVAL OF SECTION 2 OF THE ORDINANCE REMOVING
THE ADVISORY COMMITTEE, AND TO INCLUDE
SUPERVISOR OF ELECTIONS (SOE) UNDER THE
COMPENSATION PLANS OF THE BOARD OF COUNTY
COMMISSIONERS
Page 146
July 8, 2014
Item #17I
ORDINANCE 2014-32: REPEALING ORDINANCE NO. 91-37, AS
AMENDED, IN ORDER TO SUNSET THE HISPANIC AFFAIRS
ADVISORY BOARD
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:12 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL gRIC UNDER ITS CONTROL
TOM HENNING, CHAIRMAN
v ,
ATTEST: « '
DWIGHT E . ROCK, CLERK
OgS. Aaj‘)' 3t\ OAA'\
ttest as to Chairman's
r fir'
These minutes approved by the Board on 1c9-3
as presented or as corrected
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 147