BCC Minutes 09/09/2014 R BCC
REGULAR
MEETING
MINUTES
September 9, 2014
September 9, 2014
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 9, 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
Tim Nance
Donna Fiala
Fred Coyle (Telephonically)
Georgia Hiller
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
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
September 09, 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.
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September 9,2014
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Rabbi Ammos Chomy - Beth Tikvah Synagogue
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 24, 2014 - BCC/Regular Meeting
C. June 26, 2014 - BCC/Budget Workshop
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September 9, 2014
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation recognizing the United Way of Collier for their dedication to
the citizens of our community and to wish them yet another year of great
success as they kick off the 2014-2015 campaign. To be accepted by Steve
Sanderson, President and CEO, United of Way of Collier County; Kathy
Connelly, Chair, United Way of Collier County Board of Directors; Tom
Donahue, Board Member and Chair of the 2014-2015 campaign; and
Brandon Box, Past Board Chair. Sponsored by the Board of County
Commissioners.
B. Proclamation recognizing the Brotherhood Ride Organization and the 36
firefighters and police officers who rode bicycles from Naples to Port
Charlotte to honor emergency responders who have fallen in the line of duty.
To be accepted by Lieutenant Jeff Morse of the North Naples Fire Control
and Rescue District, with a special musical tribute by singer/songwriter Jon
Bowlin. Sponsored by Commissioner Hiller.
C. Proclamation designating September 13, 2014 as Stuff the Bus Day in
Collier County. To be accepted by Joyce Jacobs from Harry Chapin Food
Bank, Elizabeth Morano from the United Way and a representative from
Publix. Sponsored by the Board of County Commissioners.
D. Proclamation designating September 8 to 13, 2014 as 2014 Industry
Appreciation Week. To be accepted by John Cox, Greater Naples Chamber
of Commerce CEO; Kristi Bartlett, Vice President Business Development
Greater Naples Chamber of Commerce and Gary Price, Board Member, The
Partnership for Collier's Future Economy. Sponsored by Commissioner
Hiller.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month award for
September 2014 to the Hilton Naples. To be accepted by Clark Hill, General
Manager.
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September 9,2014
B. Recommendation to recognize Angela Klein, Senior Equipment Operator,
Public Utilities Division as the Employee of the Month for July 2014.
C. Recommendation to recognize Collier Area Transit as the recipient of the
2014 Transportation Disadvantaged Safety Agency of the Year Award.
D. Presentation by the Florida Department of Environmental Protection
concerning oil drilling in Collier County to address safety issues, laws and
regulations and FDEP's current and future operations related to oil drilling
within Collier County. Presentation by Secretary Herschel Vinyard and
FDEP staff members.
E. Presentation by Collier Resources Company regarding its water quality
testing and modeling efforts at the Hogan Oil Well Site.
6. PUBLIC PETITIONS
A. Public Petition request from Homer Helter requesting that the Board of
County Commissioners allow small businesses to utilize sign holders.
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to Consider Adoption of an Ordinance Establishing the
Falls of Portofino Community Development District (CDD) Pursuant to
Section 190.005, Florida Statutes.
10. BOARD OF COUNTY COMMISSIONERS
A. Request for Reconsideration of Item #14B1 from the June 24, 2014 BCC
meeting titled: Recommendation that the Community Redevelopment
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September 9, 2014
Agency (CRA) review an offer to purchase CRA owned property in the
Gateway mini-triangle by Fortino Construction and Development, LLC and
Assignee and provide staff direction. (Commissioner Nance)
B. Recommendation to approve the submission of a Florida Highway
Beautification Council grant application to the Florida Department of
Transportation (FDOT) for a median improvement project involving a
portion of State Road 951 (Collier Blvd.), from Fiddler's Creek to Mainsail
Drive, in the amount of$100,000 for construction installation and $25,000
for design and inspection costs. (Commissioner Fiala)
C. This item to be heard in conjunction with Item #13B. Recommendation
that the Board direct the County Manager to issue an RFP (Request for
Proposals) for Qualified Public Depositories to provide the Board of County
Commissioners with banking services and to act as the County's depository
bank, to convene a selection committee, and to ultimately bring back a
proposed agreement to the Board.
11. COUNTY MANAGER'S REPORT
A. Recommendation to authorize advertising an ordinance creating the Platt
Road Improvement Municipal Service Taxing Unit to fund and levy not to
exceed three mills 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 approve an agreement, conservation easement, and all
documents necessary to generate U.S. Fish and Wildlife Service panther
habitat unit mitigation credits from Collier County's Caracara Prairie
Preserve to mitigate for proposed impacts to panther habitat at Collier
County's Resource Recovery Park and to authorize any budget amendments
necessary to fund the Caracara Prairie Preserve Trust Fund in the amount of
$1,582,800 for perpetual annual maintenance at Caracara Prairie Preserve.
(Melissa Hennig, Conservation Collier Senior Environmental Specialist)
C. Recommendation to approve the award of Request for Proposal #14-6295
Tourism Marketing and Promotion to Paradise Advertising and Marketing,
Inc.; authorize the Chairman to execute a contract which has been reviewed
and approved by the County Attorney; and make a finding that this action
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September 9, 2014
promotes tourism. (Jack Wert, Tourism Director)
D. Recommendation to approve the financing and expenditures associated with
the purchase and renovation of 1.84 improved acres on Enterprise Avenue
for the Supervisor of Elections Office, at a cost not to exceed $5,522,770
and authorize the necessary budget amendment. (Len Golden Price,
Administrative Services Administrator)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. Presentation to the Board of County Commissioners regarding vehicle
allowances and staff pay adjustments approved by the County Manager.
B. This item to be heard in conjunction with Item #10C. Recommend the
Board of County Commissioners (Board) review the results of the Clerk's
Request for Proposal (RFP) #2014-001 for Banking Services and approve
the contract.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE
CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY
ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF
DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT
ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
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September 9,2014
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water utility
facility for Tollgate Business Park Three, Phase II,
PL20140000353/AR11369, and to authorize the County Manager, or
his designee, to release the Utility Performance Security (UPS) and
Final Obligation Bond in the total amount of$11,381.72 to the
Project Engineer or the Developer's designated agent.
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for VeronaWalk Phase 4C-2, PL20 1 1 0000790, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the amount of$4,000 to the Project Engineer or
the Developer's designated agent.
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for VeronaWalk Phase 4D, PL20110000791, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the amount of$4,000 to the Project Engineer or
the Developer's designated agent.
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Via Veneto PL20130002051.
5) Recommendation to approve final acceptance of the privately owned
utility facility for Vanderbilt Country Club, PL20130001079, and to
authorize the County Manager, or his designee, to release a Utility
Performance Security (UPS) and Final Obligation Bond in the total
amount of$7,521.58 to the Project Engineer or the Developer's
designated agent.
6) Recommendation to approve final acceptance of the water and sewer
utility facilities for Heritage Bay-Biscayne Bay, Unit 4,
PL20110001274, and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the amount of
$4,000 to the Project Engineer or the Developer's designated agent.
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September 9, 2014
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 Isles of Collier Preserve Phase
3, (Application Number PL-20140001035) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$155,300 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20140000007) for work associated with Winding Cypress Phase 1.
9) Recommendation to approve an extension for completion of
subdivision improvements associated with the Coco Lakes
subdivision pursuant to Section 10.02.05 C.2 of the Collier County
Land Development Code.
10) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$103,500 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20130000727) for work associated with Mockingbird Crossing.
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Valencia Golf and Country
Club - Phase - 3, (Application Number PL20130001853) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Quarry Phase 7, (Application
Number PL20130002458) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
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September 9, 2014
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Temple Citrus Grove
(Application Number 20140000514), approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
14) 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 Isles of Collier Preserve Phase
4, (Application Number PL20140001091) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
15) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 5032322 in the amount of$30,181, which was
posted as a guaranty for work associated with Alden Woods, Site
Development Plan (SDP) AR-7819.
16) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 5032324 in the amount of$31,205.70, which
was posted as a guaranty for work associated with Players Cove, Site
Development Plan (SDP) AR-6927.
17) 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 Isles of Collier Preserve Phase
2, (Application Number PL20140000395) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
18) Recommendation to approve an extension of four years for
completion of Site Development Plan (SDP) improvements associated
with Journey's End (SDP AR-6048) pursuant to Section 10.02.03 H of
the Collier County Land Development Code.
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September 9,2014
19) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Del Webb Naples, Parcels 201 -
203, (Application Number PL20130002601) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
20) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Torino Lots 43-45
Replat, Application Number PL20140001479.
21) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
254RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $1,400).
22) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
278RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: Approximately $8,625).
23) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
176RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $4,385.50).
24) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
203RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: Approximately $4,060.50).
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September 9,2014
25) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
201RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $4,060.50).
26) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
209RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: Approximately $3,800).
27) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
158RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: Approximately $118,100)
28) Recommendation to approve the selection committee rankings and
authorize staff to proceed to the next step in the selection process for
Request for Proposal No. 14-6289, Design-Build Golden Gate
Boulevard 4-Lane, East of Wilson Boulevard, Project Number 60040.
29) Recommendation to approve Change Order No. 7 to Contract No. 05-
3865 in the amount of$27,630 with CH2M HILL, for design
modifications to Collier Boulevard (from Green Boulevard to Golden
Gate Boulevard) and to properly report and obtain approval of Change
Orders No. 5 and 6. Project No. 68056.
30) Recommendation to approve the short-list of design professionals
pursuant to RFP #14-6296 and to enter into negotiations between
Collier County and the top-ranked firm, High Spans Engineering, Inc.,
for "Construction Engineering and Inspection (CEI) and Related
Services for Chokoloskee Bridge (#30161) Replacement." (Project
No. 66066.9)
31) Recommendation to authorize the County Attorney's Office to make
an Offer of Judgment to Respondent, ABC Liquors, Inc., in the
amount of$250,001 for the acquisition of Parcels 119FEE and
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September 9,2014
119TCE in the lawsuit styled Collier County v. RTG, LLC, et al.,
Case No. 13-CA-259 (US-41/Collier Boulevard Intersection
Improvement Project No. 60116). (Fiscal Impact: $179,285.33
including attorney fees calculated according to the statutory benefit
formula if the offer is accepted).
32) Recommendation to approve the partial release of a code enforcement
lien with an accrued value of$136,012.20 for payment of$562.20, in
the Code Enforcement action entitled Board of County
Commissioners vs. Dusan Petric, Special Magistrate Case No.
CESD20100004782, relating to property known as 4609 Lakewood
Boulevard, Collier County, Florida.
33) Recommendation to approve the release of a code enforcement lien
with an accrued value of$99,680.57, for payment of$80.57, in the
code enforcement action entitled Board of County Commissioners v.
Kenneth T. Jenkins and Aundrea L. Jenkins, Code Enforcement Board
Case No. CESD20110012249, relating to property located at 260
Weber Boulevard S., Collier County, Florida.
34) Recommendation to approve the release of a code enforcement lien
with an accrued value of$118,612.47, for payment of$6,712.47, in
the code enforcement action entitled Board of County Commissioners
v. Eduardo Gonzales, Special Magistrate Case No.
CESD20100003073, relating to property located at 2140 48th Street
SW, Collier County, Florida.
35) Recommendation to approve the correction to two scrivener errors on
the 2014 Tourism Agreement between Collier County and the City of
Naples for FY 15 Category "A" City of Naples Projects including the
City of Naples Pier Repair.
36) Recommendation to approve a Resolution supporting the County's
applications to the Florida Department of Environmental Protection
(FDEP) for Long Range Budget Plan Requests for Beach
Renourishment Projects for Fiscal Year 2015/2016. This action
maintains the County's eligibility for State Cost Share Funding for
future renourishment projects.
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September 9, 2014
37) Recommendation for after-the-fact approval for zero dollar Change
Order #1 to Quality Enterprises USA, Inc., extending a Work Order
16 days, and to authorize final payment to the vendor under Contract
No. 08-5011, Golden Gate Estates Culvert Installation Project.
(Project 60127).
38) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $491,322 for the
construction of various sidewalks in Golden Gate City (20th Ct. SW,
46th Terr. SW and 48th St. SW), to authorize execution of the
necessary budget amendment and supporting Resolution.
39) Recommendation to approve an Easement Agreement required for the
"Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect"
segment of the Lely Area Stormwater Improvement Project (Project
#51101). Estimated Fiscal Impact: $20,100.
40) Recommendation to approve and accept the Florida Department of
Transportation's ("FDOT") time extension to December 31, 2014 to
complete performance under Joint Participation Agreement Project
Number 430874-1-93-01,"Video Detection equipment purchase for
upgrade at various locations."
41) Recommendation to authorize the creation of twelve (12) additional
Full Time Equivalent (FTEs) positions in the Growth Management
Division in response to increased customer demand. The proposed
positions will be funded with current user fee reserves, require no
additional fees and have no fiscal impact on the general fund.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners acting in its capacity as the Community
Redevelopment Agency (CRA) approve the attendance of three CRA
staff members and one Local CRA Advisory Board member at the
Florida Redevelopment Association 2014 Annual Conference;
authorize payment of attendees' registration, lodging, travel and per
diem from the Immokalee CRA Trust Fund (Fund 186) travel budget
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September 9,2014
in a total amount not-to-exceed $4800 ($1200 per person x 4); declare
the training received as serving a valid public purpose; and direct the
County Attorney to amend the Bylaws of the CRA, and bring back for
Board approval, to expressly authorize travel expenses for Advisory
Board members with prior Board approval.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2014 tax year.
2) Recommendation to approve a Florida Department of Environmental
Protection Certification of Financial Responsibility Form for the
South County Water Reclamation Facility Injection Well, IW-1.
3) Recommendation to approve a $237,268 work order under Request
for Quotation #14-6213-4 to Mitchell & Stark Construction Company,
Inc., for the South County Regional Water Treatment Plant Reactor
Tank 2 Improvements, Project No. 71065.
4) Recommendation to approve a $609,000 work order under Request
for Quotation #14-6213-1 to Mitchell & Stark Construction Co., Inc.,
to replace pumps and motor controls in Sludge Pump Station No. 3
under North County Water Reclamation Facility Technical Support
Project No. 73968.
5) Recommendation to award a contract for Request for Proposal #13-
6167R, "Generator Maintenance, Repair, and Installation," to Power
Pro-Tech Services, Inc. Estimated annual fiscal impact is
approximately $500,000.
6) Recommendation to reject all bids received for Invitation to Bid#14-
6269, "Collier County Northeast Recycling Drop-off Center," Project
59009.
7) Recommendation to authorize a budget amendment in the amount of
$400,000 to Project No. 72505 to upgrade the Public Utilities
Division's facilities located at Pelican Bay Services to meet safety and
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September 9,2014
compliance regulations and Department of Homeland Security
standards.
8) Recommendation to approve a $298,400 work order under Request
for Quotation #14-6213-3 to Douglas N. Higgins, Inc., to replace the
Pigging Receiver Station at the South County Regional Water
Treatment Plant, Project No. 70030.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve and authorize the Chairman to execute a
Memorandum of Understanding with the Dr. Piper Center for Social
Services, Inc. to provide volunteer services for Parks and Recreation
child care programs.
2) Recommendation to approve award of RFP No. 13-6146 "Radio
Frequency Identification System" to Bibliotheca, LLC to purchase
and implement a self-service check-out system for library materials
and approve related budget amendments.
3) Recommendation to approve the United States Department of
Housing and Urban Development Economic Development Initiative
Grant Closeout Agreement, Certificate of Project Completion, and
Federal Financial Report for the Immokalee South Park project.
4) Recommendation to award Invitation to Bid (ITB) No.14-6278RR for
"Aquatic Maintenance Support Services" to Vista Pools, Inc., to
provide preventive as well as on-call maintenance and repair support
for County-owned and operated aquatic facilities. Estimated annual
fiscal impact is approximately $80,000.
5) Recommendation to authorize payment of a $5,592.91 Invoice for the
public's use of Sovereignty Submerged Lands at Cocohatchee River
Park, approve submittal of the 2013/2014 Florida Annual Wet Slip
Revenue Report Form to the Florida Department of Environmental
Protection and authorize the Chairman to sign the Revenue Report
Certification.
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September 9, 2014
6) Recommendation to authorize execution of the grant award for the
Federal Transit Administration 49 U.S.C. § 5307 FY14 grant award in
the amount of$2,888,127 and appropriate a budget amendment to
allow continuous operation of the Collier Area Transit system prior to
the execution of said grant award.
7) Recommendation to approve execution of the 2013/2014 Federal
Highway Administration Flexible Funds grant award in the amount of
$1,186,348 for the construction of improvements to the Collier Area
Transit Administration, Operations & Maintenance facility located at
8300 Radio Road and authorize a budget amendment.
8) Recommendation to approve, "after the fact," submittal of the attached
grant application for a project proposal to the Federal Transit
Administration for the Bus and Bus Facilities Program, Ladders of
Opportunity Initiative for a total funding request of$3,487,850.
9) Recommendation to approve a resolution memorializing the Board's
July 8, 2014, affirmative vote approving a Joint Participation
Agreement to provide operating and marketing funding for
establishing a new Collier Area Transit route to service Collier
Boulevard and Immokalee Road and authorizing its Chairman to sign
the Agreement.
10) Recommendation to recognize FY 2014/2015 Federal Transit
Administration Section 5311 additional revenue up to $404,500,
authorize the Public Services Administrator to execute the notification
of funding award and approve appropriate budget amendments to
minimize the use of local funds for the Collier Area Transit system.
11) Recommendation to recognize FY 2014/2015 State Public Transit
Block Grant additional revenue up to $910,079, authorize the Public
Services Administrator to execute the notification of funding award
and approve appropriate budget amendments to prevent delay of the
use of grant funds for the Collier Area Transit system.
12) Recommendation to approve the SHIP Annual Report and authorize
the Chairman to sign the "Certification for Implementation of
Regulatory Reform Activities Required by SHIP" and SHIP
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September 9,2014
Certification for Fiscal Year 2011/2012 to ensure compliance with
program requirements.
13) Recommendation to approve the Second Amendment to the Home
Investment Partnership Program Agreement with Big Cypress
Housing Corporation to extend the project completion date and
milestone deadlines.
14) Recommendation to adopt a Resolution authorizing the County
Manager or Designee to sign all documents necessary to report
information on wetslips to the Florida Department of Environmental
Protection and to take all actions necessary to ensure timely payment
of invoices for related sovereignty submerged land lease fees.
15) Recommendation to approve Pepper Ranch Preserve Trail names
selected by volunteers and other user groups to delineate separate
trails and to ensure public safety.
16) Recommendation to approve the FY2014-2015 State Aid to Libraries
Grant Agreement, Technology Plan, and Current Year Action Plan,
authorizing the Collier County Public Library to apply for State Aid to
Libraries in the estimated amount of$282,851.
17) Recommendation to approve two Modifications to Disaster Recovery
Grant Agreements for disaster relief and long term recovery or
mitigation with the Florida Department of Economic Opportunity, and
approve two associated subrecipient agreement amendments. The
proposed modifications do not change the amount of the grant award.
18) Recommendation to approve four Annual eCDBG Access
Authorization Forms for submittal to the Florida Department of
Economic Opportunity for Disaster Recovery Grants. Approval of
this item will serve as the County's official designation of specific
personnel authorized to use the eCDBG system.
19) Recommendation to adopt a resolution authorizing the removal of
aged accounts receivable in the amount of$630,326.41 considered
uncollectible from the financial records of the Collier County Public
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September 9, 2014
Library in accordance with Resolution No. 2006-252.
20) Recommendation to approve the selection committee rankings and
authorize entering into negotiations with Q Grady Minor and
Associates, P.A. for a contract related to Request for Proposal No. 14-
6301, "Design Services for Clam Pass Park Boardwalk and Restroom
Facility."
21) Recommendation to award the Invitation to Bid No. 14-6310 "Burial
and Cremation Services" to Garfield Family Funeral & Cremation
Services, Inc. Estimated annual fiscal impact is $27,500.
22) Recommendation to approve the First Amendment to an Agreement
with the Boys & Girls Club of Collier County for the Community
Development Block Grant Site Design, Plan, and Permitting Project to
extend the completion date and clarify deliverables to satisfy federal
compliance requirements of meeting a National Objective.
23) Recommendation to approve an extension through the 2014-2015
school year for the Library Electronic Assistance Program to continue
to provide technology assistance services to library patrons.
24) Recommendation to execute the Underground Distribution Facilities
Installation Agreement and the documents necessary to convey an
easement to Florida Power and Light Co. for the installation of
electrical service related to the Community Center at Eagle Lakes
Community Park, Project No. 80184.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to recognize carry-forward from accrued interest
earned by EMS County Grant revenue and appropriate funds for a
total amount of$49.93.
2) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation claim files settled and/or closed by the Risk
Management Director pursuant to Resolution #2004-15 for the third
quarter of FY 14.
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September 9, 2014
3) Recommendation to approve a Memorandum of Agreement between
the State of Florida Department of Health and Collier County
Emergency Medical Services as the CHEMPACK Cache Location for
the purpose of responding to acts of chemical emergencies posing a
public health crisis.
4) Recommendation to authorize the County Manager and staff to use
the Federal GSA schedules (i.e., Schedule 70 and 1122 Program), the
State of Florida Contracts, Agreements and Price Lists,
competitively solicited contracts by US Communities, Western
States Contracting Alliance, National Intergovernmental
Purchasing Alliance (NIPA), National Joint Powers Alliance
(NJPA) public purchasing consortiums, competitive solicitations
from State of Florida cities, counties, and other public
municipalities (i.e., Sheriff's Association; Transit Consortium Bus
Procurement Contract) for the efficient purchase of goods and
services for the delivery of public services and for which funds
were approved in operating budgets; and authorize the County
Manager to sign user agreements or contracts associated with these
purchases.
5) Recommendation to approve the award of Request for Proposal #14-
6219 Full Service Auctioneer to Atkinson Realty and Auction, Inc.
6) Recommendation to award ITB #14-6304, "Air Filtration Services," to
Kleen Air Research, Inc. Estimated annual expenditures total
$135,000.
7) Recommendation to award Request for Proposal #14-6293, Onsite
Medical Clinic, to Millennium Physician Group, LLC, and authorize
the Chairman to execute the contract after final review by the Office
of the County Attorney. Total estimated cost to provide the Option 1
services (current clinic model) as outlined in the RFP is $523,728 per
year.
8) Recommendation to approve a Florida Emergency Medical Services
County Grant Application, Request for Grant Fund Distribution form
and Resolution for the funding of Medical/Rescue Equipment in the
Page 19
September 9, 2014
amount of$72,843 and to approve a Budget Amendment.
9) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
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
renew the annual Certificate of Public Convenience and Necessity
(COPCN) for Ambitrans Medical Transport, Inc., to provide Class 2
inter-facility transport ambulance service for a period of one year.
F. COUNTY MANAGER OPERATIONS
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meeting(s) dated July 22, 2014; August 12,
2014; and August 26, 2014).
July 22, 2014
A. Recommendation that the Board of County Commissioners
adopts a Resolution fixing the date, time and place for the
Public Hearing for approving the Special Assessment (Non-ad
valorem Assessment) to be levied against the properties within
the Pelican Bay Municipal Service Taxing and Benefit Unit for
maintenance of the water management system, beautification of
recreational facilities and median areas and maintenance of
conservation or preserve areas, and establishment of Capital
Reserve Funds for ambient noise management, maintenance of
conservation or preserve areas, including the restoration of the
mangrove forest, U.S. 41 berm, street signage replacements
within the median areas, landscaping improvements to U.S. 41
entrances and beach renourishment, all within the Pelican Bay
Municipal Service Taxing and Benefit Unit.
B. Recommendation to approve Amendment No. 1 to the State
Housing Initiatives Partnership Program Subrecipient
Agreement with Centro Campesino Farmworker Center, Inc. to
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September 9, 2014
shift amounts between fiscal funding years as identified on the
Budget Narrative (Exhibit B).
C. Recommendation to approve Amendment #0001 to the
Criminal Justice, Mental Health and Substance Abuse
Reinvestment Grant Agreement adding a provision for proper
accountability of state resources and requirements for the
purchase of tangible personal property.
D. Board declaration of expenditures serving a valid public
purpose and approval of disbursements for the period of July 2,
2014 through July 9, 2014.
E. Board declaration of expenditures serving a valid public
purpose and approval of disbursements for the period of July
10, 2014 through July 16, 2014.
F. Recommendation to approve Amendment No. 4 to the
Subrecipient Agreement with the Immokalee Community
Redevelopment Agency for the Community Development
Block Grant First Street Plaza (aka Zocalo) project to extend
the project completion date and update the retainage language.
August 12, 2014
A. Board declaration of expenditures serving a valid public
purpose and approval of disbursements for the period of July
17, 2014 through July 23, 2014.
B. Board declaration of expenditures serving a valid public
purpose and approval of disbursements for the period of July
24, 2014 through July 30, 2014.
C. Recommendation to accept reports and ratify staff-approved
change orders and changes to work orders.
D. Board declaration of expenditures serving a valid public
purpose and approval of disbursements for the period of July
31, 2014 through August 6, 2014.
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September 9, 2014
E. Recommendation to approve two (2) Modifications to Disaster
Recovery Grant Agreements for disaster relief and long term
recovery or mitigation with the Florida Department of
Economic Opportunity, approve reallocation of unused funds
within budgets to prepare for closeout, and extend agreements.
F. Recommendation to approve and authorize the Chairman to
sign a Satisfaction and Release of Lien for payment of
countywide impact fees.
G. Recommendation to approve a Temporary Use Agreement for
the no cost use of furnished office space for the initial
implementation of the Soft Landing Business Accelerator
Project.
August 26, 2014
A. Board declaration of expenditures serving a valid public
purpose and approval of disbursements for the period of August
7, 2014 through August 13, 2014.
B. Request that the Board of County Commissioners approve the
use of$500 from the Confiscated Trust Funds to support the
Florida Missing Children's Day Foundation.
C. Request that the Board of County Commissioners approve the
use of$500 from the Confiscated Trust Funds to support the
Florida Sheriffs Youth Ranches.
D. Recommend that the Board of County Commissioners serve as
the local coordinating unit of government for the Florida
Department of Law Enforcement's Federal Fiscal Year 2014
Edward Byrne Memorial, Justice Assistance Grant (JAG)
Countywide Program and authorize the Chairman to execute
the Certification of Participation, designate the Sheriff as the
official applicant. Sheriff's office staff as grant financial and
program managers, approve the grant application when
Page 22
September 9, 2014
completed, and authorize acceptance of awards and associated
budget amendments.
E. Recommendation that the Board accepts the investment update
report for the quarter ended June 30, 2014.
F. Recommendation to reject Invitation to Bid (ITB) #13-6165r
for Plumbing Contractors.
2) Recommendation to accept and approve the completed alternative
water and sewer impact fee calculation and approve a reimbursement
of water and sewer impact fees in the amount of$43,047.50 to
Discovery Village as a result of the alternative impact fee calculation.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
4) Recommendation to authorize budget amendments appropriating
approximately $297,982,968.68 of unspent FY 2014 grant and capital
project budgets into fiscal year 2015.
5) Recommendation to approve Tourism Development Grant
Application Agreements for FY 15 Category B ($50,000) and
Category C-2 ($150,000), to waive the TDC grant application
guidelines for multiple year applicants, and make a finding that this
action promotes tourism.
6) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners approves
and executes a Collier County Airport Authority Standard Form Lease
with the Armory Board for vacant land at the Immokalee Airport.
Page 23
September 9,2014
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint one member to the Pelican Bay Services
Division Board.
2) Recommendation to appoint a member to the Consumer Advisory
Board.
3) Recommendation to appoint a member to the Rock Road
Improvement MSTU Advisory Committee.
4) Reappointment of two members to the Collier County Planning
Commission.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve an agreement authorizing the Collier
County Supervisor of Elections to accept federal election activities
funds with a 15% matching contribution and to authorize the Board
Chairman to sign the Certificate Regarding Matching Funds and
Certificate of Equipment for Casting and Counting Ballots.
2) Recommendation to authorize a budget amendment in the amount of
$350,000 to reimburse the Sheriff for criminal justice training and
educational expenses in accordance with Section 938.15, Florida
Statute.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of August 14, 2014 through
August 20, 2014.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of August 21, 2014 through
August 27, 2014.
Page 24
September 9, 2014
K. COUNTY ATTORNEY
1) Recommendation to approve and provide informed, written consent
waiving any conflict that the Board of Board of County
Commissioners may have with its ongoing employment of Burt
Saunders with the law firm Gray Robinson, P.A., as one of the
County's State Lobbyists, and as to the retention of the law firm
Nabors Giblin & Nickerson, P.A., as to their respective
representations of the Orange Tree Utility Company and Collier
County relating to the acquisition and litigation concerning the
Orange Tree Utility Company.
2) Recommendation to approve a Work Order under Contract No. 13-
6164, Professional Services: Architect and Engineering, to AECOM
Technical Services, Inc., to provide technical and consulting services
associated with identifying environmental impacts resulting from the
oil exploration/production industry in Collier County, Florida and
approve all necessary FY2015 budget amendments.
3) Recommendation to approve filing a Second Appeal from the Federal
Emergency Management Agency's (FEMA) First Appeal level
decision concerning the Hurricane Wilma (FEMA-1609-DR-FL) PW-
2700 fund de-obligation in the amount of$11,172,272; the
expenditure of additional funds for legal and engineering expenses;
and approve all necessary budget amendments.
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
Page 25
September 9, 2014
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to approve a Resolution renaming Inverness Club Drive to
Naples Lakes Boulevard, which street is 0.9 miles in length, located in
Naples Lakes Country Club subdivision, on the northwest corner of the
Rattlesnake Hammock Road (C.R. 864) and Collier Boulevard (C.R. 951)
intersection, in Section 15, Township 50 South, Range 26 East, Collier
County, Florida. [SNR-PL20140000191]
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition AVPLAT-
PL20140000399, to disclaim, renounce and vacate the County and the public
interest in the 10-foot drainage easement located along the border between
Lots 15 & 16, Block "L" of Conner's Vanderbilt Beach Estates, Unit No. 2,
as recorded in Plat Book 3, Page 17 of the public records of Collier County,
Florida, in Section 29, Township 48 South, Range 25 East, Collier County,
Florida and to accept Petitioner's grant of a 9-foot drainage easement to
replace the vacated drainage easement.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 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 a Rural Agricultural District (A)
and Rural Agricultural District within a Special Treatment Overlay (A-ST)
to a Residential Planned Unit Development(RPUD) zoning district for the
project known as RMC-Enclave RPUD to allow construction of a maximum
of 114 single family or multi-family dwelling units or up to 350 group
housing units for seniors on property located in Section 13, Township 48
South, Range 25 East, Collier County, Florida, consisting of 28.38± acres;
and by providing an effective date [Petition: PUDZ-PL20120001981].
Page 26
September 9, 2014
D. Recommendation to adopt 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.
E. Recommendation to adopt a Resolution amending Schedules One and 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 on October 1, 2014; October 1, 2015; and October 1, 2016.
F. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls and adopting same as the non-ad valorem
assessment rolls for purposes of utilizing the uniform method of collection
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District No. I and Service District No. II,
Special Assessment levied against certain residential properties within the
unincorporated area of Collier County, the City of Marco Island and the City
of Everglades City, pursuant to Collier County Ordinance 2005-54.
G. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 239-252-8383.
Page 27
September 9,2014
September 9, 2014
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Welcome to the Board of County
Commissioners meeting back from recess, summer recess.
We're going to have invocation and Pledge of Allegiance.
Invocation will begin by Rabbi Ammos Chorny.
Rabbi, would you step up. Would you all rise, please.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — RABBI
AMMOS CHORNY — BETH TIKVAH SYNAGOGUE
RABBI CHORNY: Hello. Good morning.
This week in Synagogues around the world, Jewish communities
have been focusing on an important passage in the Bible which speaks
about remembrance. The verses begin with the words: Remember
what was done to you on your journey after you left Egypt when the
Lord your God granted you safety from all your enemies around you.
But then you shall remember and blot out the memory of those who
sought to destroy you when you were weak. Do not forget.
Rather emphatically the Bible calls us to remember. And this
week the world indeed remembers. Throughout we'll all remember the
catastrophic events of 13 years ago on September 11th, 2001 when the
homeland was attacked. Most of us know families who lost loved ones
in the attacks. Survivors recall the trauma of the events. Every day
people recount where they were and what they were doing when they
got the news of the events. College students who were children at that
time who can only remember what they were told back then.
For many of us the memories of 9/11 are still very painfully
traumatic and impossible to forget. We continue to remember the pain
and the sorrow, the trauma and the shock each year. However, this
Page 2
September 9, 2014
morning as we come together to manage the affairs of our local
government and our community, it is important that we move beyond
remembering the event and remember as well the response of our
nation, its heroes, police, firefighters, military service members,
doctors, nurses, healthcare providers and so many others who tried to
save lives. Those who ministered to the injured and the bereaved,
those who tried to bring comfort to those impacted by these traumatic
attacks.
We must remember how everyone came together and how for a
moment all were united as one great family. We should remember all
of this and more.
Today we remember the 11th of September, and we offer our
prayers to the Almighty. May it be His will to protect our country and
all its inhabitants, to strengthen us to face the challenges of our time
and to overcome them, to work tirelessly for peace and harmony
throughout the world, and for a day when all people everywhere will
live without fear and in safety and security and in peace.
Inspire each of us to do our part to make the world a more caring
place, a place where people reach out to help one another and
strengthen each other. May we draw inspiration from the memories of
those who were lost and from those who showed us how to respond in
times of need. May we all find blessings in this moment, in the
remembrance and inspiration for the days to come. Amen.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: Rabbi, thank you. That was very
fitting for a remembrance of 9/11, the anniversary of.
Item #1B
COMMISSIONER COYLE TO PARTICIPATE
TELEPHONICALLY DUE TO EXTRAORDINARY
Page 3
September 9, 2014
CIRCUMSTANCES — APPROVED
CHAIRMAN HENNING: Today Commissioner Coyle is going
to participate in part telephonically. So I'll entertain a motion for his
participation.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Hiller.
All in favor --
MR. KLATZKOW: You want to make a finding of extraordinary
circumstances, sir.
CHAIRMAN HENNING: Is that in your motion?
COMMISSIONER HILLER: It's in Commissioner Fiala's
motion.
CHAIRMAN HENNING: Is it in your motion?
COMMISSIONER FIALA: Yes, it is. Thank you.
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.
CHAIRMAN HENNING: Now, let's go to agenda changes.
County Manager?
Item #2A
Page 4
September 9, 2014
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EXPARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA — APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Sir, good morning, Mr. Chairman, members of the
Board. These are the proposed agenda changes for your Board of
County Commissioners meeting of September 9th, 2014.
First proposed change is to add Item 10.D to the agenda at
Commissioner Hiller's request. It's a discussion of a naming
opportunity for the Pavilion at the Rover Run Dog Park.
Next proposed change is to continue Item 11.A. That has to do
with the Platt Road proposed MSTU. And that is being continued to
your next meeting at Commissioner Nance's request.
Next proposed change is to continue Item 16.D.4. And that's a
staff request. We have some more work to do on that contract.
Next proposed change is to continue Item 16.D 17. It's a
modification to a grant agreement. That change is made also at the
staffs request.
And Item 16.H.1 is withdrawn. And that's a recommendation
from both the County Attorney's Office and separately by your Pelican
Bay Services Division board.
Commissioners, I have one agenda note this morning and that has
to do with Item 9.A on your agenda. That item will be heard after 1:30
this afternoon. And it should include the following phrase: This item
requires that ex parte disclosure be provided by Commission members,
and all participants are required to be sworn in.
You can do that, Mr. Chairman, when you hear the item, you
don't need to do that at the beginning of the meeting.
You have a couple time certain items this morning. Items 10.0
and 13.B will be heard consecutively immediately following the
Page 5
September 9, 2014
presentations under Items 5.B and 5.E this morning.
And those are all the changes that I have, Mr. Chairman.
CHAIRMAN HENNING: Okay, great, thank you.
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN HENNING: Commissioner Fiala, any changes or
ex parte communication under today's consent or summary agenda?
COMMISSIONER FIALA: No, sir.
CHAIRMAN HENNING: Ditto.
Commissioner Hiller?
COMMISSIONER HILLER: I have no disclosures, but I would
like to ask if the Chair would consider providing that the add-on Item
10.B -- D, I apologize, be heard right ahead of the public petition
which is Item 6.A. And the reason is in part 10.D and 6.A are related,
but importantly, Mr. Duzick's sister is here today to thank us for the
naming and to talk a little bit about her brother's death. Because this is
an add-on item, she didn't have that much notice to be able to arrange
her calendar to sit here all day and just wait 'til this matter came up.
She is one of the chief administrators for Lorenzo Walker and it would
be very difficult for her to miss the entire day to have this item heard.
So if you would indulge her and us to allow that, it would be very
gracious of you.
CHAIRMAN HENNING: Well, actually, since it's an add-on
item, nobody has the same opportunity. So, you know, maybe it's
appropriate to put it on the next agenda and have a time certain at that
time.
COMMISSIONER HILLER: I don't think so. I think it's
appropriate to hear it today. You know, she has come all this way
because it was to be treated as an add-on. And I don't think it would be
fair to her to make her come back twice.
CHAIRMAN HENNING: Okay. Commissioner Nance?
Page 6
September 9, 2014
COMMISSIONER NANCE: Mr. Chairman, I have no ex parte
disclosure on today's consent agenda. I have read the staff report on
Item 17.0 of the summary agenda which relates to the RMC Enclave
PUD. No further changes to the agenda, sir.
CHAIRMAN HENNING: Okay, any objections to hearing the
add-on item after the public petition?
COMMISSIONER HILLER: I actually suggested it before. But
after is just as well. Either/or.
CHAIRMAN HENNING: Okay. Seeing none, entertain a
motion to approve today's agenda as amended.
COMMISSIONER FIALA: Motion to approve today's agenda as
amended.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: 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.
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
September 9, 2014
Add On Item#10D: Recommendation to name the pavilion at the Rover Run Dog Park, located within
Veteran's Community Park, in memory of Stephen A. Duzick. (Commissioner Hiller's request)
Continue Item #11A to the September 23,2014 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 mills of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway
improvements made to Platt Road. (Commissioner Nance's request)
Continue Item #16D4 to the September 23,2014 BCC Meeting: Recommendation to award Invitation to Bid
(ITB)#14-6278RR, "Aquatic Maintenance Support Services" to Vista Pools, Inc., to provide preventive as well
as on-call maintenance and repair support for County-owned and operated aquatic facilities. Estimated annual
fiscal impact is approximately $80,000. (Staff's request)
Continue Item #16D17 to the September 23,2014 BCC Meeting: Recommendation to approve two
Modifications to Disaster Recovery Grant Agreements for disaster relief and long term recovery or
mitigation with Florida Department of Economic Opportunity, and approve two associated subrecipient
agreement amendments. The proposed modifications do not change the amount of the grant award. (Staff's
request)
Withdraw Item #16H1: Recommendation to appoint one member to the Pelican Bay Services Division Board.
(County Attorney's Office and Pelican Bay Services Division separate requests)
Note:
Item #9A title should include: 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. (County
Attorney's request)
Time Certain Items:
Items#IOC and #13B to be heard immediately following Items#51)and#5E.
September 9, 2014
Item #2B and #2C
BCC/REGULAR MEETING MINUTES FROM JUNE 24, 2014 AND
JUNE 26, 2014, BCC/BUDGET WORKSHOP MINUTES —
APPROVED AS PRESENTED
CHAIRMAN HENNING: Now, let's approve the meeting
minutes of June 24th, 2014, that's the regular meeting, and June 26th,
2014 budget workshop.
COMMISSIONER NANCE: Move to approve, Mr. Chair.
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: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Is Commissioner Coyle with us? Not yet?
MR. OCHS: Not yet, sir.
CHAIRMAN HENNING: There's no service awards so let's go
to proclamations.
Item # 4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS — ADOPTED
Page 8
September 9, 2014
Item #4A
PROCLAMATION RECOGNIZING THE UNITED WAY OF
COLLIER FOR THEIR DEDICATION TO THE CITIZENS OF
OUR COMMUNITY AND TO WISH THEM YET ANOTHER
YEAR OF GREAT SUCCESS AS THEY KICK OFF THE 2014-
2015 CAMPAIGN. ACCEPTED BY STEVE SANDERSON,
PRESIDENT AND CEO, UNITED OF WAY OF COLLIER
COUNTY; KATHY CONNELLY, CHAIR, UNITED WAY OF
COLLIER COUNTY BOARD OF DIRECTORS; TOM
DONAHUE, BOARD MEMBER AND CHAIR OF THE 2014-2015
CAMPAIGN; AND BRANDON BOX, PAST BOARD CHAIR —
ADOPTED
MR. OCHS: Item 4.A is a proclamation recognizing The United
Way of Collier County for their dedication to the citizens of our
community and to wish them yet another year of great success as they
kick off the 2014-2015 campaign. To be accepted by Steve Sanderson,
President and CEO of United Way of Collier County; Kathy Connelly,
Chair of United Way of Collier County Board of Directors; Tom
Donahue, Board Member and Chair of the 2014-15 campaign; and
Brandon Box, Past Board Chair.
This item is sponsored by the entire Board of County
Commissioners.
If you'd please step forward and receive your proclamation.
(Applause.)
MR. OCHS: There they are. I wonder where they all went.
(Applause.)
COMMISSIONER HILLER: And I actually thought you were all
here because of the very interesting agenda.
MR. DONAHUE: Well, good morning, everyone. My name is
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September 9, 2014
Tom Donahue, I'm the general manager for Shula's Steakhouse in
Naples, Florida here.
A few years ago I was fortunate enough to be introduced to The
United Way by my boss and mentor Clark Hill. Clark served on the
board for many years and was also the board chair.
I'm very pleased to say with that introduction, I was on the Walk
committee, which so many of you are and helped out with the walk
over the years. And a few years later now I'm pleased to tell you that
I'm on The United Way board and I'm this year's campaign chair. So
thank you Clark, Steve, for the opportunities.
We're very proud of all the work that we do in Collier County.
And on behalf of The Collier County United Way, thank you Collier
County Commissioners for this proclamation today and thank you to
all the Walk volunteers, everyone that helps out throughout the year.
I want to give a special thanks to Steve Carrell. Steve's also on
the board and he's really done a lot to help us put this over the top
every year with the Walk. And he has a special -- you were back there.
Thank you, Steve.
And also Hailey Alonso. Hailey's been so instrumental with
putting Team Collier together. And thank you, Hailey.
(Applause.)
MR. DONAHUE: Hailey, you've been great.
We at The United Way value our partnership with the county in
so many ways. Building better community in which we can all learn to
grow and live to our human potential.
So on behalf of the 100,000 Collier citizens served throughout the
-- through the Helping Hands of United Way and its partner agencies, I
applaud each you Commissioners and your staff for all the work you
do for us every day. So thank you, Collier County Commissioners.
(Applause.)
MR. DONAHUE: Thank you very much for your time.
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September 9, 2014
COMMISSIONER HILLER: I just want you to know,
Commissioner Henning who's going to participate -- are you
participating? Are you going to walk?
COMMISSIONER NANCE: I walk all the time.
COMMISSIONER HILLER: Are you walking? Are you going
to come and join us, cheer us on?
COMMISSIONER FIALA: I don't even know the date yet.
COMMISSIONER HILLER: Well, we'll take care of it for you.
We're going to wear our best athletic wear. Because you know
that's the new look. And I'm going to be in direct competition with
Commissioner Henning to see who looks better in LuLulemon. This is
special and different.
MR. DONAHUE: All right. Well, thank you so much.
COMMISSIONER HILLER: We're going to be there, we're
going to support you and we're going to walk for you.
MR. DONAHUE: Wonderful. Thank you.
(Applause.)
CHAIRMAN HENNING: Next proclamation?
Item #4B
PROCLAMATION RECOGNIZING THE BROTHERHOOD RIDE
ORGANIZATION AND THE 36 FIREFIGHTERS AND POLICE
OFFICERS WHO RODE BICYCLES FROM NAPLES TO PORT
CHARLOTTE TO HONOR EMERGENCY RESPONDERS WHO
HAVE FALLEN IN THE LINE OF DUTY. ACCEPTED BY
LIEUTENANT JEFF MORSE OF THE NORTH NAPLES FIRE
CONTROL AND RESCUE DISTRICT, WITH A SPECIAL
MUSICAL TRIBUTE BY SINGER/SONGWRITER JON BOWLIN
— ADOPTED
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September 9, 2014
MR. OCHS: Item 4.B is a proclamation recognizing the
Brotherhood Ride Organization and the 36 firefighters and police
officers who rode bicycles from Naples to Port Charlotte to honor
emergency responders who have fallen in the line of duty. To be
accepted by Lieutenant Jeff Morse of the North Naples Fire Control
and Rescue District, with a special musical tribute by singer/songwriter
John Bowlin.
And this item is sponsored by Commissioner Hiller. And
Lieutenant, if you'd step forward and receive your proclamation,
please.
(Applause.)
COMMISSIONER HILLER: Before we start with the musical
tribute, would you mind explaining what that is all about? Thank you.
LIEUTENANT MORSE: Commissioners, on behalf of the -- by
the way, I'm Jeff Morse, Lieutenant with North Naples Fire
Department. And I'm also president and founder of the Brotherhood
Ride.
And I heard Commissioner Henning say that we're going to ride
again. This is actually a homecoming from us. I don't know if you
realize this, but you gave us a proclamation back in 2008 when we did
our first bike ride to honor the fallen.
And what this Brotherhood Ride is, is a brotherhood ride of
police officers, firefighters and EMTs who ride bicycles to honor the
guys that have died in line of duty throughout the year.
We did it our first year in 2008 when we wanted to honor the nine
firefighters that died in Charleston, South Carolina in that massive
warehouse blaze, and we've done it ever since.
This year we had the privilege of riding two rides, one to honor
19 firefighters that died in the State of Texas. Took us seven days and
over 750 miles to complete that one. And the next day we did that
Charlotte County ride from Naples, Florida to Port Charlotte to honor
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September 9, 2014
four law enforcement officers who died in the line of duty, covering
over 350 miles in four days.
I do believe we have a video presentation that would kind of
explain what the Brotherhood Ride does.
(Video played.)
COMMISSIONER HILLER: After the beautiful song we're
about to hear, I'd like everyone to rise and let's have a moment of
silence for everyone that died in 9/11.
LIEUTENANT MORSE: And I'd just like to explain a little bit
about that. That video was actually done for us when we did our 2011
ride. On the 10th anniversary of 9/11 we rode our bicycles from
Naples, Florida up to New York City to honor the 411 first responders
that died that day, police, fire and EMS.
And not knowing -- been to New York before, did it on bicycle,
took us 22 days, 1,734 miles. But we heard John afterwards sing this
song about a point of light. And we happened to go into New York
City just when it was getting dark and I didn't know where we were
going, we had an escort. And all I could see was the pictures, the
beams of light coming up the World Trade Center remains. And when
I heard this song by John Bowlin, we adopted him, he adopted us and
we truly believe in this song, so thank you.
COMMISSIONER HILLER: And all the funds go to help the
families who lost their spouses.
(Following words to song:
There is a point when you cannot walk away,
when you have to stand up straight and tall and
mean the words you say.
There is a point you must decide just to do it
'cause it's right, that's when you become a point of
light.
There is darkness that everyone must face. It
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September 9, 2014
wants to take what's good and fair and lay it all a
waste. And that darkness covers everything in
sight, until it meets a single point of light.
All it takes is a point of light, a ray of hope
in the darkest night. If you see what's wrong and
you try to make it right, you will be a point of light.
There are heroes whose names we never hear,
a dedicated army of quiet volunteers. Reaching
out to feed the hungry, reaching out to save the land,
reaching out to help their fellow man.
There are dreamers who are making dreams
come true, taking time to teach the children there's
nothing they can't do. Giving shelter to the homeless,
giving hope to those without. Isn't that what this land's
all about.
One by one from the mountains to the seas, points
of light are calling out to you and me. All it takes is a
point of light, a ray of hope in the darkest night. If you
see what's wrong and you try to make it right, you will
be a point of light.
If you see what's wrong and you try to make it right,
you will be a point of light.)
(Applause.)
LIEUTENANT MORSE: So Commissioners, on behalf of the
Brotherhood Ride team, I'd like to thank not only the Collier County
Commissioners, but also for all our supporters, the firefighters and
police officers from this county that helped us make this happen and
more importantly the families of the fallen, I'd like to thank each and
every one of you. Thank you.
(Applause.)
CHAIRMAN HENNING: Moment of silence, please, thank you.
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September 9, 2014
Thank you.
That was touching. Next proclamation, please.
Item #4C
PROCLAMATION DESIGNATING SEPTEMBER 13, 2014 AS
STUFF THE BUS DAY IN COLLIER COUNTY. ACCEPTED BY
JOYCE JACOBS FROM HARRY CHAPIN FOOD BANK,
ELIZABETH MORANO FROM THE UNITED WAY AND A
REPRESENTATIVE FROM PUBLIX. SPONSORED BY THE
BOARD OF COUNTY COMMISSIONERS — ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating September
13th, 2014 as Stuff the Bus Day in Collier County. To be accepted by
Joyce Jacobs from Harry Chapin Food Bank, Elizabeth Morano from
United Way and a representative from Publix. And this item is
sponsored by the entire Board of County Commissioners. Please step
forward.
(Applause.)
MS. JACOBS: Thank you so much for the proclamation. I thank
you to the county, Collier County Commission, to Collier Area Transit,
United Way. Such a great partnership. Harry Chapin Food Bank.
We've been serving the Collier community for about 25 years
now, serving about 25 partner agencies. And last year we were able to
distribute 2.9 million pounds of food in Collier County to our partner
agencies, the church pantries, St. Matthews House, St. Vincent DePaul,
all those other agencies. But we couldn't do it without community
support, without the generous donations; with all the volunteers that
help us every day to get the food repaired, to get it out to the agencies.
And to the agencies that are on the ground serving families.
And, you know, we're seeing so many seniors nowadays, families
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September 9, 2014
that it's underemployment, they're really trying to do the best they can
but they need a little extra support.
So this is going to be fun. We're going to be at three Publix
locations. The buses will be there, volunteers. Publix has been
preparing bags to make it easy for you to contribute. And then we're
going to take all that food back to our location on Corporation Court
and distribute that food out to the agencies.
So thank you very much for this exciting first year, and it's going
to be great.
(Applause.)
CHAIRMAN HENNING: And our last proclamation?
Item #4D
PROCLAMATION DESIGNATING SEPTEMBER 8-13 2014
INDUSTRY APPRECIATION WEEK. ACCEPTED BY JOHN
COX, GREATER NAPLES CHAMBER OF COMMERCE CEO;
KRISTI BARTLETT, VICE PRESIDENT BUSINESS
DEVELOPMENT GREATER NAPLES CHAMBER OF
COMMERCE AND GARY PRICE, BOARD MEMBER, THE
PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY —
ADOPTED
MR. OCHS: Yes, sir. Item 4.D is a proclamation designating
September 8th through September 13th, 2014 as 2014 Industry
Appreciation Week. To be accepted by John Cox, Greater Naples
Chamber of Commerce CEO; Kristi Bartlett, Vice President of
Business Development, Greater Naples Chamber of Commerce; and
Gary Price, Board Member, for the Partnership for Collier's Future
Economy.
This item is sponsored by Commissioner Hiller. If you'd please
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September 9, 2014
step forward and receive your proclamation.
(Applause.)
MR. COX: Well, Mr. Chairman and members of the
Commission, thank you very much. Collier County continues to make
an incredible statement, not only in the State of Florida but to the
United States with respect to its commitment to economic
development. And a big piece of that commitment is what you do for
small and large industry alike. Thank you so much. And if you can
make the Excellence of Industry Awards event Friday at the Hilton,
please join us there.
Mr. Manager, thank you so much.
MR. OCHS: My pleasure.
(Applause.)
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I want to say to John and the
members of the Chamber how much we appreciate all you're doing for
the local economy. It's all about partnership. And it's not just a
partnership between us and you, but it's between us, you and the entire
business community.
And it has really been an incredibly successful year. We are
number one in job creation, we are number one in wage growth rate.
In fact, I had a conversation with our fearless reporter from the Naples
Daily News about the success of Collier County's economic
development initiative, and it leaves me breathless. It's very exciting.
So I want to thank you, John, for your leadership and Leo, for
leading staff, and for the business community working with all of us to
make this a success. Thank you.
(Applause.)
CHAIRMAN HENNING: Entertain a motion to approve today's
proclamation.
COMMISSIONER NANCE: So moved.
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September 9, 2014
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: Commissioner Coyle, are you with
us?
(No response.)
CHAIRMAN HENNING: Now we're going to go to
presentations?
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH AWARD FOR SEPTEMBER 2014 TO THE
HILTON NAPLES — PRESENTED
MR. OCHS: Yes, sir. Item 5.A is a presentation of the Collier
County Business of the Month Award for September, 2014 to the
Hilton of Naples. To be accepted by Clark Hill, General Manager,
Tom Donahue and Nicole Neebling. If you'd please step forward.
(Applause.)
MR. HILL: Thank you very much, Commissioners. It's indeed
an honor for us to be the recipient of this award, and to the Chamber as
well. Thank you very much for thinking of the Hilton Naples and
Shula's Steakhouse. And to Nicole Neebling and Tom Donahue, two
of our key managers, I appreciate everything you do for us and for the
community.
And we have under these two 150 others who are committed to
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September 9, 2014
the community because we appreciate the community giving us the
ability to give back occasionally.
So thank you very much. It's an honor and much appreciated,
thank you.
(Applause.)
CHAIRMAN HENNING: Next presentation.
Item #5B
RECOGNIZING ANGELA KLEIN, SENIOR EQUIPMENT
OPERATOR, PUBLIC UTILITIES DIVISION AS THE
EMPLOYEE OF THE MONTH FOR JULY 2014 — RECOGNIZED
MR. OCHS: Item 5.B is a recommendation to recognize Angela
Klein, Senior Equipment Operator, Public Utilities Division, as
Employee of the Month for July, 2014.
Angela, would you please come forward.
(Applause.)
MR. OCHS: Stay right there. Stay right there.
Commissioners, let me tell you a little bit about Angela.
She's been an employee with the county for eight years. She
provides exceptional customer service to the community, always takes
the time to educate the guests that come to her facility at the North
Collier Recycling Center each year. Angela's developed a dedicated
group of enthusiastic environmentally minded customers through her
welcoming personality and dedication to help protect the environment
and the community.
Angela's welcomed thousands of people to the Recycling Center
to properly collect, sort and store materials that are potentially harmful
to the environment and has had a part in recycling of many thousand
pounds of recyclables that would otherwise clog up our national
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September 9, 2014
resources, including our own landfill.
She continually strives to improve the customer experience, and
it's because of her positive attitude and dedication to both the facility
and those who utilize it that she's so deserving of this award.
Commissioners, it's my honor to present Angela Klein as your
Employee of the Month for July, 2014. Congratulations, Angela.
(Applause.)
CHAIRMAN HENNING: Commissioner Coyle, welcome to
today's proceedings. We're on 5.0 right now, if you want to follow us
along.
COMMISSIONER COYLE: Right. I'm here, but if you would
like me to do my ex parte disclosure very quickly, we can get that
underway.
CHAIRMAN HENNING: Yeah, I think that's a great idea. So
do you have any ex parte communication on today's agenda?
COMMISSIONER COYLE: Yes. I have ex parte for Item 9.A,
it was a phone call with Mr. George Shapiro in support of the Falls of
Portofino. And I have received emails from -- in reference to Isles of
Collier, and that would be on the consent agenda, 16.A.7, 16.A.14,
16.A.17. And that's it for me. Thank you.
CHAIRMAN HENNING: Thank you.
Okay, let's go to S.C.
Item #5C
RECOGNIZE COLLIER AREA TRANSIT AS THE RECIPIENT
OF THE 2014 TRANSPORTATION DISADVANTAGED SAFETY
AGENCY OF THE YEAR AWARD — RECOGNIZED
MR. OCHS: Yes, sir. Item 5.0 is a recommendation to
recognize Collier Area Transit as the recipient of the 2014
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September 9, 2014
Transportation Disadvantaged Safety Agency of the Year Award.
We'd ask Michelle Arnold and Trinity Scott to please step
forward.
(Applause.)
MS. ARNOLD: Commissioners, I want to thank -- for the record,
I'm Michelle Arnold, Alternative Transportation Modes Director.
I'd like to thank you all for recognizing our award that we receive
statewide. We're very proud of the fact that the state recognized the
efforts that we're making to transport our residents and visitors as
safely as we can.
What we were recognized for was a mirror check station that we
set up that's unique to the state. All of the drivers are required to pull
through the station and make sure that their mirrors are positioned in
such a ways that they can prevent blind spots. So we're very honored.
And again, thank you for this recognition.
(Applause.)
CHAIRMAN HENNING: Next item?
Item #5D
PRESENTATION BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION CONCERNING OIL
DRILLING IN COLLIER COUNTY TO ADDRESS SAFETY
ISSUES, LAWS AND REGULATIONS AND FDEP'S CURRENT
AND FUTURE OPERATIONS RELATED TO OIL DRILLING
WITHIN COLLIER COUNTY. PRESENTED BY SECRETARY
HERSCHEL VINYARD AND FDEP STAFF MEMBERS -
PRESENTED; MOTION TO DROP THE COUNTY'S LAWSUIT
AGAINST FDEP, FORM A PARTNERSHIP WITH FDEP ONCE
THEY PROVIDE A LETTER OF COMMITMENT THAT
ADDRESSES THE COUNTY'S ISSUES — APPROVED; MOTION
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September 9, 2014
DIRECTING THE CHAIRMAN TO WRITE A LETTER TO
COLLIER COUNTY'S LEGISLATIVE DELEGATION TO
EXPRESS SUPPORT OF WORKING TOGETHER WITH FDEP
AND OTHER INTERESTED PARTIES IN THE DEVELOPMENT
OF NEW LEGISLATION REGARDING OIL DRILLING —
APPROVED; MOTION FOR THE COUNTY ATTORNEY TO
BRING BACK AN EXECUTIVE SUMMARY AT THE
SEPTEMBER 23, 2014 BOARD MEETING ON THE PROSPECT
OF COLLIER COUNTY JOINING THE LAWSUIT THAT'S BEEN
FILED AGAINST THE DAN A. HUGHES COMPANY AND IN
ADDITION THE COUNTY ATTORNEY TO NOTIFY AND
PROVIDE COUNSEL REPRESENTING THE DAN A. HUGHES A
COPY OF THE EXECUTIVE SUMMARY WITH AN
INVITATION FOR THEM TO APPEAR AT THE SEPTEMBER
23, 2014 BCC MEETING — APPROVED
MR. OCHS: Yes, sir, that takes us to Item 5.D on the agenda this
morning. It is a presentation by the Florida Department of
Environmental Protection concerning oil drilling in Collier County, to
address safety issues, laws and regulations, and FDEP's current and
future operations related to oil drilling within Collier County.
We're honored this morning, Commissioners, to have Secretary
Herschel Vinyard from the DEP here to lead that presentation.
Secretary Vinyard? Good morning, sir.
CHAIRMAN HENNING: Yeah, actually, we have two items
that are similar in nature. If we can hear both of those and then go to
questions by the Commissioners, if they have any. Questions,
comments. And I think it's apropos to start with Commissioner Coyle,
since I can't see if he wants to speak or not.
MR. OCHS: Very good. That's a good suggestion.
CHAIRMAN HENNING: Is that okay, Commissioners?
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September 9, 2014
COMMISSIONER FIALA: Sure.
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Secretary, welcome to Collier County.
SECRETARY VINYARD: Thank you, Mr. Chairman and
members of the Commission. It's great to be back. Thank you for
having me back, and thank you, Mr. Ochs, for inviting me.
I certainly want to appreciate the engagement that DEP and many
of the residents of Collier County have had over the summer. I think
it's been very, very helpful for DEP and hopefully it's been helpful for
the folks here in Collier County.
I plan to touch on four items for you today relating to DEP's oil
program. First is the history of Florida's oil program. Second,
protections that are in place to ensure the safety of Collier County's
families. Third, additional protections that may be put into place. And
finally, an update on DEP's actions against the Dan A. Hughes
Company.
First the history of oil exploration in Florida.
We spoke last time about our shared passion for the national
resources in Southwest Florida. And we know that the natural
resources in this area actually attract folks from around the country to
actually move here and live here.
One of the things that I've noticed in my multiple trips to Collier
County this summer was a lot of our new residents didn't know that
Florida was an oil producing state. Actually, Florida has had a long
and safe history of oil production. Over 70 years. In fact, in 1941 the
Florida legislature authorized and encouraged oil production in our
state. They even put out a $50,000 bounty for any company that could
bring in a commercially viable oil well. And in 1943 right here in
Collier County the first commercially viable oil well was produced.
Where is this oil? There are now two regions in the state where
we have commercial oil operations. One right here in Southwest
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September 9, 2014
Florida, that being Collier, Lee and Hendry County. And then in the
western Panhandle, and that's Escambia and Santa Rosa County.
We have a rendering. This is -- I thought this would be important
to have a rendering of Collier County's geology. And I wanted to walk
through just a couple of basics with you.
First of all, Collier County's drinking water aquifer is in the first
1,800 feet below the surface. One of the things I think might be
important to note is there's not a giant pool of water underneath our
feet. It's actually -- kind of show and tell, what we have is about 1,800
feet of lime rock, rock just like this. And it's a porous rock. If you
poured water on this rock it would actually absorb the war. It's kind of
like a sponge. And the volume of a rock like that is about 20 percent
water. And so your drinking water comes from lime rock just like this.
And then below the green line on your sheet you have about two
miles of impermeable rock like this. Literally it's hard as a rock. Fluids
will not pass this kind of rock. And you have two miles of layers and
layers and layers of this rock. And after you get down two miles there
is oil in Collier County.
And just kind of for your mind's eye, we looked and say well,
what's a two-mile distance. And roughly it's from right here in this
building to the Collier County Airport, to the Naples Airport. We're
fortunate that there is a large separation between drinking water supply
and oil that exists in Collier County.
I want to highlight with you our permitting program and the
permitting protections that Florida law requires to ensure safety for
your citizens. First, Florida law encourages the avoidance of sensitive
lands, sensitive water bodies and endangered species when locating a
well.
Second, the well site requires a site pad, like the one shown on the
photograph. And before there's any oil drilling at all, the site pad has
to be constructed. It's typically made out of crushed rock, and it is a
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September 9, 2014
barrier between the activities on that site pad and the soil and
groundwater beneath it.
You might be able to notice in the photograph there's actually also
a berm around that entire site pad. And so that if there were a spill that
material would be contained on the pad. So it's an important barrier
that we require.
Another key permitting requirement is significant well casing.
And we're going to touch on that in just a minute.
Finally, when oil is no longer produced, wells are required to be
sealed with cement. They're required to be sealed with cement at
multiple depths to ensure the safety of your aquifer.
I want to talk a minute about the well casing. It protects our
drinking water source as the well moves down through the geology. It's
important to note, this is not one casing but five separate casings made
of steel and cement, approximately a half-inch thick. So you have
redundant protections required by Florida law for any oil well in
Collier County.
Next slide. I'm particularly proud of this point. DEP has one of
the best, if not the best, well to inspector ratios in the country. The --
we have for every inspector -- yes, ma'am?
COMMISSIONER HILLER: Wait a second, the slide keeps
jumping back and forth. Who's responsible for moving the slide?
CHAIRMAN HENNING: Troy's doing that.
MR. MILLER: I've lost my PC here. I have no control over it.
My PC has gone out so I have no control and I don't know if it's
fighting with --
CHAIRMAN HENNING: Can you help?
MR. MILLER: Yes, sir.
COMMISSIONER HILLER: Can we pause while Troy is --
SECRETARY VINYARD: This is deja vu.
CHAIRMAN HENNING: I know, that's --
Page 25
September 9, 2014
COMMISSIONER HILLER: Poltergeist.
CHAIRMAN HENNING: Technology doesn't like the agency
for some reason.
SECRETARY VINYARD: All right. There, we're back. And
I'll -- Mr. Chairman, I'll start over on this slide.
We have one of the best well to inspector ratios in the country.
Very proud of this. For every 40 wells we have a single inspector. And
what that means is every well is inspected, visited about 100 times a
year. Very, very important.
I want to draw your attention to the slide. Typically bigger is
better. In this case smaller is better. The shortest bar, Florida, means
that we have the best well to inspector ratio. You'll see Texas and New
Mexico, their inspectors are required to inspect thousands of wells. So
in this case Florida was much, much better than our counterparts.
Because of the number of inspectors and inspections, we've been
able to prevent harm before impact occurs. And that's very, very
important to me. We want to prevent the environmental harm before it
occurs. But if you break the rules, we have a number of tools in the
toolbox. Including revocation of the permit.
One tool that we put on this list, and I think it's important in this
particular case, is the cease and desist order. When I signed a cease
and desist order on New Year's Eve, it was the first time that a cease
and desist order had ever been issued in the history of our oil and gas
program. So the issue that occurred in Collier County was very, very,
very important to me and DEP.
So let's talk a little bit more about holding Dan A. Hughes
accountable. As you know, our inspector caught Dan A. Hughes
Company performing an unauthorized act on New Year's Eve. And
within hours, I issued that cease and desist order, which Dan A.
Hughes then violated.
We then turned the matter over to our enforcement section where
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September 9, 2014
they issued a consent order against Dan A. Hughes, requiring them to
spend about $300,000 in testing, sampling, monitoring, fines and
penalties.
After several months, Dan A. Hughes Company fell behind on the
requirements of that consent order. DEP agreed with many of the folks
in this room about Dan A Hughes's conduct. We revoked every permit
they had in the State of Florida and we filed suit right here in Collier
County Circuit Court.
Mr. Chairman, I would invite the Commission to join DEP if it
wishes in that lawsuit. I've extended a similar invitation to The
Southwest Conservancy.
DEP is committed to protecting the families of Collier County
and the environment here. And while that lawsuit is an important step
forward, we're not waiting around for the lawsuit to be completed.
We've moved forward. We are taking action.
We put together a site investigation team at DEP. As you may
know, we've already drilled six groundwater monitoring wells.
Fortunately we have not found any contamination at the Collier-Hogan
well site.
We're also drilling later this month an 1,850 foot well. If you
recall from the southwest geology slide, that is at the very bottom of
your drinking water aquifer.
Let's be very clear, if there is contamination there we will find it.
We're also hiring a team of independent experts to perform a
comprehensive study on the Collier-Hogan well site. We want to
know what happened at the Collier-Hogan well site. As you know, we
had not seen that particular process take place before and so we want
to have outside experts to advise us on what happened to your geology
and what happened to your groundwater.
And after we get the scientific data back that the team of experts
will produce, we will let science then dictate what steps we should take
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September 9, 2014
with respect to your groundwater, with respect to Dan A. Hughes
Company, and what potential statutory changes may be in store next
year.
Along the way I want to make sure that we receive your input.
We would like to be partners in this process. These commitments that
we've discussed in the previous slide with respect to the studying and
monitoring, testing, and lawsuits, we have also communicated that to
Southwest Conservancy. And we appreciate their engagement
throughout the summer on this.
As we continue to focus on the activities at the Collier-Hogan
well site, DEP is also engaged in coming up with ideas to present in
this legislative session to strengthen, strengthen DEP's regulatory
authority.
We will not be encroaching on local zoning authority. We think
it's important for local governments to determine where oil wells can
be placed in your community. But we see several items where we
believe DEP needs greater authority. We think that we should be able
to consider the past history of out-of-state violations for applicants
seeking permits in Florida. If you're a bad actor in another state, we
don't want you in Florida.
We want to increase fines for oil companies. DEP wants to be
able to fine an oil company more than $10,000 a day.
We want to increase the scope of our inspection requirements.
We want to use the latest technology for 24/7 monitoring of every oil
well in Florida.
Finally, increased bonding requirements. If a cleanup is required,
the company, not the taxpayers, should be financially responsible for
that cleanup.
Again, Mr. Chairman, members of the Commission, I would
appreciate and welcome your input and partnership with what's going
on in the 2015 legislative session, and again, thank you for having me
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September 9, 2014
back to Collier County.
CHAIRMAN HENNING: Thank you.
Now let's go to the next presentation.
MR. OCHS: Yes, sir, Mr. Chairman, that's --
CHAIRMAN HENNING: S.B.
Item #5E
PRESENTATION BY COLLIER RESOURCES COMPANY
REGARDING ITS WATER QUALITY TESTING AND
MODELING EFFORTS AT THE HOGAN OIL WELL SITE —
PRESENTED
MR. OCHS: S.E. And that is a presentation by Collier Resources
Company regarding its water quality testing and modeling efforts at
the Hogan well site.
CHAIRMAN HENNING: And then we'll go to questions and
comments. First starting by Commissioner Coyle, then Commissioner
Hiller, then Commissioner Fiala.
Secretary, be prepared after that to -- there might be some
questions for you.
MR. OCHS: Commissioners, while they set up, I just would
remind the Board, several weeks ago Collier Resources Company sent
a letter to the Board telling them that they were going to hire an expert
consultant and asked for the county staff to collaborate on the selection
of an analysis of the listed five firms that they had submitted.
Based on the Board's direction we did that collaboration and came
up with a couple of recommendations of what we thought would be the
most outstanding firms out of that list. And I believe that Collier
Resources Company has taken that suggestion and used one of those
firms.
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September 9, 2014
CHAIRMAN HENNING: Okay, great.
MR. LEWIS: Good morning. I'm Richard Lewis. I'm with
Conestoga-Rovers and Associates. And I was asked to look at the
geology of the site and understand a little about the chemicals that
were present at the site and to prepare a presentation. And that's what
I've got. And if you'd like, I'll play it for you.
Would the volume be right on this?
MR. OCHS: Yes.
(A video was played.)
MR. LEWIS: Thanks. And I've got just a few slides to confirm a
couple of details.
CHAIRMAN HENNING: Just make sure you speak into the mic
when you talk.
MR. LEWIS: Yes, thank you, absolutely.
So that presentation hopefully helped to understand some of the
geology and movement of chemicals at the site. I want to take a
moment to go over just a couple of quick points.
Here we see from the presentation the plume, a saltwater plume
basically. We calculated this using existing models. The groundwater
flow is to the south, southwest. And a number of the chemicals, the
salts would move the fastest.
Now, based on other sites that we have in the area, the hydraulic
conductivities used in this model, which are a way of measuring how
fast the water will move, suggests that these are overestimates. And
this is a very worst case -- very much a worst case scenario.
In any event, the other chemicals such as the acids, the
particulates and the salt won't -- I'm sorry, the organics, won't move as
fast as the salt will.
So let me talk just a bit more about what was injected and what
our understanding is. And this was based off of the material received
from the DEP about what Dan A. Hughes says was in their mixture.
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September 9, 2014
About 90 percent of it was water and sand. There were salts. The
primary salt was a potassium carbonate. Carbonate is what would be
present in the limestone, like calcium carbonate. And potassium is
what would be in fertilizer or vitamins. Too much of it wouldn't be
good for you, but it would move with the water.
The acid was primarily hydrochloric acid, HC1, like from
chemistry class. And although it was much less, the next acid was
citric acid, which is what's in citrus fruit.
This is the basic chemistry rear. The HC1 and the limestone, acid
in a base, you mix them together and you make a salt. In this case the
HC1 with calcium carbonate makes calcium chloride. And this isn't
going to move very far either.
Now, why they were doing this originally, mixing the HC1 in, was
exactly the same reason that municipal wellfields used this to
rejuvenate their wellfield. You might have a case where the wellfield's
been producing water for a number of years and because of
calcification you can't get as much water out of it. So what they'll do is
they'll inject HC1 into the aquifer, it will dissolve some of the calcium
carbonate, and now the wellfield will produce more water.
The organics, as was described in the video, are divided into two
groups. One group are chemicals that stick to soil. And these things
would be petroleum distillate and naphtha, things you'd find in oils.
But you've got to remember, the reason they're drilling down at
12,500 feet is because it has crude oil in it. So these are going to be
some of the same constituents that would be in the crude oil.
Now, the chemicals that degrade relatively rapidly, some of the
things they inject are ethanol, isopropyl alcohol, methanol, ethylene
glycol, these are some of the leading constituents. Ethanol is drinking
alcohol. Isopropyl alcohol, methanol or rubbing alcohol. And these
things degrade relatively rapid, especially in an aerobic environment,
would degrade very rapidly. So that's the nature of some of the
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September 9, 2014
chemicals at the site.
There are really three ways that potentially something could get to
the surface -- I guess four-ways: One is going up directly somehow
through the layers; another is through the existing well; another is
through the abandoned wells; and another is a release at the surface.
So we looked at each of those.
The anhydrite layers, it's difficult to imagine how a molecule
could move from 12,500 feet down up through each of these anhydrite
layers and then through the boulder zone. When we've sent cameras
into the boulder zone, you'll be going down, you see the borehole as it
goes down, and it just opens up into an abyss. I mean, you can't see
the sides, you can't see anything. So it's a little spooky looking into it.
In any event, this is where we put our municipal wastewater and
other industrial wastewaters and whatnot. And it's impossible for me
to imagine how you can get up through the boulder zone, given the
flows in that zone.
So from -- without any additional pressure, you know, how can
you move chemicals through these anhydrite layers? I can't find a way
for that to happen physically.
The next, though, is to go through the existing casing of the
Collier-Hogan well that was installed.
One of the things, and I need to talk about this, is you've got four
steel casings. The only pressure is on that internal well. And then
you've got four casings.
And what this looks like is, is they drill it in, as the video showed,
they telescope out. Each one of these, they drill it into a layer and
between the outer casing and the next casing they'll fill that with
cement. And then they'll drill down further into another layer and then
fill with cement. And the idea being is through this addition of
cement, hundreds of feet of cement, you don't allow water to be pushed
back up through the outer casing.
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September 9, 2014
At the bottom of the Collier-Hogan well they put in a packer.
And that's right down -- if it's okay, I'll use this. It's right at the -- well,
you can't really see it very well.
Right at the base where it's blue going horizontally, right there
there's a little black packer. And that packer is meant to resist liquids
and materials moving back up into that along the borehole.
In addition, there are 3,000 feet of cement that are used to plug
across that anhydrite zone.
It's important to note that if you had a well into that 12,000-foot
zone and you had a well into the surficial zone, the difference in the
water table elevation that would rise in the two is something on the
order of 9,000 feet. Meaning downhill is downhill in this case. If
some water got into a well, it would travel down the well and not the
other direction.
Okay, that brings us to the abandoned wells 86 and 103. I
focused on 86 because it's closer and I think that's the one that has been
focused on in terms of because of its proximity.
One of the things we noted, and it was originally shared with us,
that the well was only 200 feet away from the site. Well, we looked at
-- current aerial you see on this one, on the left-hand side abandoned
well 103, the Collier-Hogan in the middle and the abandoned well 86
on the right-hand side.
If we go back to the 1953 aerial, all these wells had roads driven
to them. And that's in fact Immokalee Road across the -- horizontally
across the bottom. And we can see where these abandoned wells are
located. And we've checked it with the DEP and they confirmed these
locations.
So in fact the abandoned well 86 was 1,000 feet north. And
remember the groundwater was traveled to the southwest, so it's up
gradient of where the Collier-Hogan well was located.
Well, let's look at that abandoned well 86. There are -- as it's
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September 9, 2014
drilled in we see the casings, and there's a plug put at the bottom. And
what has to happen is there has to be not one failure but multiple
failures along the way. The cement plug has to fail, the drilling mud
has to fail, there's another cement plug up at about 5,500 feet, that has
to fail, and then the mud to the surface has to fail.
But not only did they put drilling mud in, they also removed some
of the casing. And when you remove the casing in the boulder zone,
that's going to be open. You're going to discharge into the boulder
zone where we put the treated wastewater and industrial wastewater.
And it's difficult for -- based on the knowledge and information I have
now, it's difficult to imagine how you travel up that abandoned well
and get past the boulder zone. I can't find a physical way for that to
happen.
Finally, if we were to look at the entire area, you can see the
wellfields. And these are 20-year capture zone. So if you're on the
outside of that blue area, a little drip of water would take about 20
years to travel to the wellfield from that location. And you can see in
the yellow dot the Collier-Hogan well site is about six miles from the
-- the nearest down gradient would be the Orange Tree wellfield.
We're talking about that only moving, worst case scenario, about 1,500
feet. So it's difficult to ima-- in 10 years. So it's difficult to imagine
how that would encounter one of these 20-year capture zones that have
been calculated by the water management districts and whatnot.
So from that perspective as well, we don't understand in any
reasonable period of time how a wellfield would be threatened.
And with that, I'll conclude and see if there are any questions.
CHAIRMAN HENNING: Thank you.
Commissioner Coyle, questions or comments?
COMMISSIONER COYLE: Yes, Mr. Chairman. I think this
information has been very helpful, and it should be beneficial for the
DEP to develop appropriate standards going forward. But I don't see
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September 9, 2014
that we can make any decisions concerning this at this point in time.
I would suggest that the only request for a decision so far has
been such of Vinyard's request that we join them in their suit. And I
believe that we should consider that in a properly advertised meeting
of the Board of County Commissioners and where we can have an
open public debate concerning this.
So those are my only comments right now. And I think it's
appropriate that the information provided under public petition
presentation be considered by the Board for a possible additional
hearing at a publicly advertised time.
CHAIRMAN HENNING: Okay. Now, that lawsuit has been
filed, there has been motions filed within the court. So that process has
already begun. Is there any reason that you believe that that action
cannot take place by the Board of Commissioners at today's meeting?
We have a lot of players that I see in the audience that have
commented on this in the past.
COMMISSIONER COYLE: You know, I am -- I am reluctant to
take an action at a point in time when open public debate is not
available. But that's up to the majority of the Board. I don't see how a
two-week delay would bother this too much. At the glacial rate in
which court cases move, two weeks is probably not going to cause a
big problem.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I have a number of issues.
I'd like to start with a quick question and the answer should be yes or
no.
Dr. George, do you believe -- and would you just step up to the
mic? I just want to make sure I have a good understanding of this
issue.
MR. OCHS: Commissioner, while he's coming up, if I might just
interject. On your consent agenda today, as you all know, the County
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September 9, 2014
Attorney was authorized to hire an expert that the County Board and
staff can utilize to help do analysis on all the various modeling and
testing that's going on by a multitude of agencies, including DEP, The
Conservancy and certainly the landowner.
So George is not an expert. He has background in this, of course,
but we have -- or you have hired an expert today to help us evaluate
this and do a bit of a gap analysis when the results are in. So I just
wanted to kind of lay the foundation for that.
COMMISSIONER HILLER: Thank you. And with a full
understanding that you do not have your expert on board or maybe you
do and you've started only preliminarily addressing this, do you feel
that our wellfields are in any way threatened by the drilling that
occurred at the Collier-Hogan site?
DR. YILMAZ: For the record, George Yilmaz, Public Utilities
Administrator.
Commissioner, at this time what we do know is much less than
what we do not know. And I think we're not alone in this endeavor.
You heard from our Secretary Vinyard, they got a lot of homework to
do on a logistical front as well as they got work to do --
COMMISSIONER HILLER: I don't want to hear all that. I don't
need to know what they need to do. What I care about is whether in
your opinion you feel that our wellfields are at risk based on the
presentation that was done here today.
The presentation that was done here made it very clear that our
wellfields will not be reached to any significant degree in the next 10
years. Do you agree with the presentation made by the engineer this
morning?
DR. YILMAZ: If I might, I think as our County Manager
indicated, there are pending studies and data needs to come our way
for me to be able to render informed opinion for our governing board.
To make appropriate policy decisions would be premature at this time.
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September 9, 2014
COMMISSIONER HILLER: So at this point you're not able to
say whether or not you agree with the presentation made by the
engineer?
DR. YILMAZ: At this time I cannot render an opinion, ma'am.
COMMISSIONER HILLER: Thank you.
Continuing, I listened to the presentation by Mr. Vinyard and by
the expert. And I'd like to begin by saying that with respect to DEP's
presentation, I want to commend you. Because when you were here
last time, as you know, I was not very happy, to say the least. And,
you know, I pointedly said that you had done too little too late. The
fact that subsequent to our last meeting you have filed suit against the
Hughes Company I consider to be an appropriate position on your part,
so I commend you for doing that.
It is unfortunate that the Hughes Company is not here today. The
fact that you have, you know, revoked all of their permits is also a very
positive step, and I commend you for that.
With respect to your request to join the lawsuit, I absolutely
believe we should join that lawsuit. And I don't believe there's any
cause for delay. I don't want anything to happen between now and two
weeks from now that in any way compromises our ability to protect the
interests of this county.
So I would say yes, this is a publicly noticed meeting, we have
everybody here, and I feel it is absolutely appropriate for this Board to
make a decision to join that suit.
To that end we have a suit against you right now. And what I
would like to do is I would simultaneously like to recommend that we
withdraw the suit against you since we are joining you in the suit
against the Hughes Company. Which gives us the ability to be a part
of that settlement and to ensure that the rights of Collier County and
the interests of Collier County are protected.
I would like to continue and say that that is not all that's
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September 9, 2014
necessary. I think this Board has to take additional action. This Board
has to make it part of our legislative priority as part of our message to
our legislative delegation that we have to take an aggressive posture on
what is going on with respect to regulation and enforcement of that
regulation by the state, by your agency.
And you, you know, in your outline of regulatory changes talked
about standards for drilling and safety. Well, I think there needs to be
much more than that. I think it's very nice that you want to impose
higher penalties and you want to, you know, continue with strict
oversight.
But my concern is what is the methodology being used? What
type of drilling is being allowed? Why? How? Where? And it is
extremely important that we have standards. If fracking does not work
for Southwest Florida, then fracking should be prohibited legislatively
by the state. It's about the methodology.
So I feel that your recommended regulatory changes fall short of
what we need done by our state representative.
So as part of my motion, and I will be making motions on all
these things, I would like to see that we give direction to the legislative
delegation to strengthen the regulatory standards as you have
suggested in your slide, Secretary, but to add to that, that the State
make a determination where fracking shall be permitted and what
safeguards will be put in place if fracking is allowed. And I don't have
the answer to that because I'm not an engineer, I'm not a geologist, I'm
not, you know, whatever you call those, wildcatters, I'm none of the
above. I'm just a simple commissioner.
Having said that, in fairness, I think it would be nice if the
Hughes Company were invited to speak. I mean, we have everybody
here, we have the environmentalists here, we have Conservancy here,
we have you here, we have the Collier Companies here, we have our
delegation here, but we don't have the Hughes Company. And I think
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as a courtesy they should be invited to speak. I don't believe that
making the decision to move forward with this suit against them
should be held back in light of that invitation, but I do feel they should
be invited.
I'd now like to turn to talking a little bit about the discussion, the
presentation made by the engineer with respect to plugging the wells.
I like what I heard, but I'm not fully satisfied. And the reason is is
because the question has come up -- and I'd like to ask the engineer.
You know, one of the issues that was raised, and I have to -- in my
mind, I very strictly separate the issue of the wells and Hughes's
methodology. And I do that because the issue of whether or not these
wells are properly plugged was not Hughes's responsibility. So I don't
think those two issues should be overlapped and I think it's a false
argument to combine the two.
So focusing on the issue of the plugging of the wells, you gave a
great deal of testimony as to how these wells had been plugged. I
mean, layer upon layer upon layer, casing upon casing upon casing.
How much has the methodology for plugging these wells changed
from the time that these wells were plugged to today? Because what
you've demonstrated is, you know, tantamount to creating a vault
around, you know, these -- that particular silo or whatever you want to
call it. What do you call it? Well? What do you call that?
MR. LEWIS: Well abandonment?
COMMISSIONER HILLER: Well, whatever, you that --
MR. LEWIS: Drilling mud that they put in?
COMMISSIONER HILLER: Well, the point -- I don't know.
MR. LEWIS: Sorry.
COMMISSIONER HILLER: The well.
So my point is, is in your opinion has the well been plugged to the
degree necessary to protect against any potential invasion from any
contaminant source? And what would -- you know, if we were
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plugging the well today, how much more concrete would we put in and
how many more plugs would we put in beyond what's already there?
MR. LEWIS: I don't think I'll be very helpful on this. We were
doing an update to look at the geology. And I'm a transport person, so
I'm looking at how molecules move in the environment. So looking at
the boulder zone and looking at the layers. I think that's something
that could be looked into. But as I stand here today, I don't think I can
help you with that.
COMMISSIONER HILLER: Then you're the wrong person for
the question. But you're the right person. I figured out that pretty
quickly.
So you're the one -- DEP was the one who went in and inspected
the two wells, correct, and made sure that they were properly plugged?
SECRETARY VINYARD: The predecessor agency, yes, ma'am.
COMMISSIONER HILLER: And there were no issues with how
those wells were plugged in the opinion of DEP at that time or any
time from then to the present?
SECRETARY VINYARD: That's correct. And we've actually
had staff look at the older records that are available to us to confirm
that the wells have been properly sealed.
Having said that, however, we've included that as a task in hiring
this team of independent experts. We want them to also evaluate those
two wells to determine is there something more that we should be
doing.
COMMISSIONER HILLER: And the methodology that was
used to plug these wells is the same methodology that was used to plug
wells all through that Sunniland area in the past?
SECRETARY VINYARD: During that time period, yes, ma'am.
COMMISSIONER HILLER: And what is the difference between
what was done then and now?
SECRETARY VINYARD: More layers of cement plugs in the
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September 9, 2014
well.
COMMISSIONER HILLER: And how much more protection
does that provide?
SECRETARY VINYARD: Well, we wanted -- you know, as
we've increased our technological capability, what we wanted to do as
the rules changed over time is just add more protection for our
aquifers. But we do not have any evidence that the plugs that were put
into place in the 1940's have failed.
COMMISSIONER HILLER: So the plugs haven't failed, and
you're not requiring any of the wells that were plugged back in the
Forties to be plugged to a higher standard based on the current law?
SECRETARY VINYARD: No, ma'am.
COMMISSIONER HILLER: And if you did it to one well, you'd
have to do it to all the wells throughout Florida.
SECRETARY VINYARD: Hundreds of them, yes, ma'am.
COMMISSIONER HILLER: Hundreds of them.
SECRETARY VINYARD: Probably the best evidence of the
integrity of these old wells, really the data that Collier County has
submitted to DEP as part of your drinking water permits. Collier
County still has some of the cleanest drinking water in the state.
COMMISSIONER HILLER: And the best tasting. I just want
you to know. We got an award for that. I know, I was there, I saw it
happen.
SECRETARY VINYARD: So given the number of plugged
wells that we have in Collier County, if there were problems you
would think that it would show up in the data that's been submitted
from the county itself to DEP.
COMMISSIONER HILLER: Well, thank you so much. I
appreciate that. That really makes me feel a lot better about the
situation.
Of course I still want to see, you know, whatever evidence you
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come up with beyond what we have here today, and I do want to see
what our experts say with respect to my question to Dr. George, and I
expect a full report on that.
I would like to make a motion. And the motion I would like to
make is that we join you in the lawsuit against the Hughes Company;
that we step back from the lawsuit against you; that we make it part of
our legislative priority to tell our delegation that we expect that in this
legislative session that they do what you recommend, and in addition
set standards for whether or not fracking will be allowed and if it will
be allowed where and what safeguards will be put in place to protect
the public as well as the environment. And that is up to them to
decide, not up to us.
So when you guys want fracking to stop, you go to the state and
you tell your state representatives what you feel and why they should
or should not permit it. Because we don't have the legal authority to do
anything like that.
And then to invite the Hughes Company to come and speak, if
they so choose, to give them the opportunity to present, just like you
all have had the opportunity to present, in fairness. And that's my
motion.
CHAIRMAN HENNING: Three separate motions or is that one
separate motion?
COMMISSIONER HILLER: We can handle it any way you like.
CHAIRMAN HENNING: Well, I think it's going to fail
miserably if you want to do it in one motion.
COMMISSIONER HILLER: Okay, then let's break it up in three
motions and I'd like it to succeed on all counts.
CHAIRMAN HENNING: Okay. Is there a second to the motion
or are we going to --
COMMISSIONER HILLER: Well, three motions.
COMMISSIONER FIALA: You've got three. So can you break
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them apart?
COMMISSIONER HILLER: Yeah. So the first motion is that
we file suit against the Hughes Company and withdraw from the
litigation against DEP. Because we're going to become partners with
DEP against Hughes.
COMMISSIONER FIALA: I'll second that motion.
COMMISSIONER HILLER: Thank you.
So why don't we vote on that one first? And again, you know,
DEP has revoked Hughes's permits. And DEP is filing suit and any --
I feel it's extremely important that any litigation against Hughes
involves us so that we have the ability to be involved when -- and be
the beneficiaries of any judge's ruling or any settlement that may
ensue. And there's no point to go against DEP if they're our partners in
this.
MR. KLATZKOW: Can I get clarity?
COMMISSIONER HILLER: Yes.
MR. KLATZKOW: Matt, would you confirm the actions that are
now pending brought by FDEP against Hughes?
MR. OCHS: Identify yourself for the record.
MR. LEOPOLD: My name is Matt Leopold. I'm the general
counsel of the Department of Environment Protection.
We have two cases we brought against Dan A. Hughes. One is a
circuit court suit here in Collier County, an enforcement suit seeking
penalties and injunctive relief. And then secondly a revocation action.
It's an administrative proceeding in Tallahassee.
COMMISSIONER HILLER: And that's revocation of all the
permits.
MR. LEOPOLD: That's correct.
MR. KLATZKOW: So the motion's for both?
COMMISSIONER HILLER: Yes, absolutely.
MR. KLATZKOW: Thank you.
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September 9, 2014
COMMISSIONER HILLER: And that was my understanding
that you, you know, based on the Secretary's presentation that there
was a suit in circuit court that you filed on July 18th and that secondly
you had revoked all the permits.
CHAIRMAN HENNING: Okay. We're going to continue the
discussion and then come back to the motion. Okay? Or do you want
to do other motions?
COMMISSIONER HILLER: Well, I have the two other motions.
CHAIRMAN HENNING: Do you want to keep those until we
have further discussion?
COMMISSIONER HILLER: Well, we can finish one motion at a
time.
CHAIRMAN HENNING: I'm going to continue with
Commissioner Fiala. And I want to say something.
Commissioner Nance, do you have anything after?
COMMISSIONER NANCE: I have absolutely no trouble joining
DEP with the lawsuit against Hughes, although I'm not sure what it's
going to add. DEP is clearly and statutorily the agency with regulatory
and enforcement authority on the action that they've taken. I fully
endorse the action that they've taken, I think it's been very helpful.
And of course we've spent a tremendous amount of time discussing
this one acute incident, which was the Collier-Hogan well. And a
great deal of time has been spent on it, as it should be, and I think the
information today is very revealing.
However, I'm not quite as anxious as Commissioner Hiller to
drop our challenge to the petition with DEP for the simple reason that I
am anticipating, expecting and requesting from DEP written
assurances that they are going to indeed do some of the things that
they've suggested today, which includes putting in additional
guidelines, controls, safeguards and oversights. It's nice to request
from the legislature additional abilities to fine, inspect and put bonds
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into place. However, I'm looking beyond this acute incident, as I think
most of our citizens are, to the future in Collier County where if the
decision is made that drilling is going to continue we are going to have
to have additional controls.
And this Board has unanimously and repetitively requested a
whole series of issues be addressed. We've added -- we've stated those
issues on white paper that our Emergency Management Department
has put together. Private citizens have come with extensive lists, The
Conservancy and others have come forward.
So if DEP is prepared to give us written assurances that they are
going to do that, then I would consider dropping our challenge to their
petition. But I'm not going to just in good faith until I receive solid
written and public confirmation that they're going to do this to take that
action. I can't support that at this time.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I just wanted to
say, it's heartening to hear the FDEP's excellent, actually, excellent
response. It's totally different than what it started out to be months ago.
And I think it gives me a lot more confidence in what you're doing. I
hear the strength in what you're saying, and I hope that they don't ever
change secretaries, because we might have a little problem there. But
right now you're heading in the right direction. Yes, there's more work
to do, nobody denies that.
And it gives me confidence that you're going to take control of
this and continue to take control of more of the issues. Because this is
-- this concerns the safety of all of our residents. And of course the
companies too. You know, they -- I think that they deserve every bit
of oversight that you can give them as they move forward.
We had heard acid stimulation fluid a number of times during the
consultant's presentation. When was that first introduced in Collier
County?
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September 9, 2014
CHAIRMAN HENNING: Herschel, you want to --
COMMISSIONER FIALA: Fracking, in other words.
SECRETARY VINYARD: No, ma'am, the acid work was done
decades -- for decades in Collier County. Now, to be clear, the activity
that took place at the Collier-Hogan well site on New Year's Eve that
we tried to stop Dan A. Hughes company from conducting, we have
never seen that before in the State of Florida.
COMMISSIONER FIALA: Okay, so we're talking two different
SECRETARY VINYARD: Yes, ma'am.
COMMISSIONER FIALA: -- fracking methods altogether; is
that correct?
SECRETARY VINYARD: As the engineer mentioned, the acid
is used in a number of ways, including in many communities drinking
water wells. So it is an acceptable form of treating not only the
drinking water wells but the oil wells as well.
But the activities on New Year's Eve were unusual for Florida.
We've not seen that before. And of course we will not see that again
until the science shows whether or not it's safe for the families and the
environment.
COMMISSIONER FIALA: So then as we approach the Florida
legislature, we have to make sure to differentiate between the two
methods, just to make sure that we end what we need to end but not the
method that we've been using for our water and so forth.
CHAIRMAN HENNING: Well, based upon science.
COMMISSIONER FIALA: Right, right. I'm sorry, thank you
very much.
And, let's see. And also the consultant's presentation speaks of
companies that do these and how they cap the wells and so forth.
They're talking about reliable companies, honorable companies. And I
don't think everybody falls into that category. So how does the DEP
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September 9, 2014
plan to check the past performances of these companies in states -- in
other states before they give approval for anybody to come to the State
of Florida?
SECRETARY VINYARD: Ma'am, most states put all of their
enforcement actions on line. And actually, we meet every quarter with
all the -- my counterparts throughout the southeast. And so there are
opportunities. And we work very closely together with a number of
states. And we thought that because that information is publicly
available in every state that it would be important for our staff to utilize
whether or not if somebody's been a bad actor in another state, let them
stay in another state, don't let them come to Florida.
COMMISSIONER FIALA: Thank you. And the last comment I
wanted to make was I was just in Ohio recently and I had no idea there
was so much well drilling going on in Ohio, but it's a huge well drilling
operation there, or rather oil operation there.
They have not handled it in many cases in the proper way.
They're having a lot of water problems now. I think we've done a
different job here. I think that the Collier Resources has been working
also to make sure that they protect -- they live here -- to protect our
community. But we need the safeguards in place to make sure that
maybe a company that isn't quite as honorable is denied any access to
the oil in our whole state.
And I just wanted to tell you, they put out regular pamphlets in
Ohio telling the people what's happening to their water and with the
fracking and how it's actually changed the composition of the water
that is now drinking water that maybe is unsafe in many areas. I got
one of those letters over in Ohio.
And so I'm just -- I'm glad everybody's keeping track of this. I
know that Collier Resources doesn't want to see this happen anymore
than the rest of us. But at the same time, we need you there to work
with them and to prevent any unscrupulous companies from coming
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September 9, 2014
into the State of Florida. Thank you.
CHAIRMAN HENNING: Well, I'm not convinced that this new
method of extracting more oil is safe.
COMMISSIONER FIALA: Yeah, me neither.
CHAIRMAN HENNING: You're not going to convince me until
you have proven science that acid fracking or this stimulation is safe.
However, I do see a different movement. And Commissioner Nance is
spot on, the rubber is going to meet the road during lawmaking. And
we're only going to get successful laws written in the State of Florida if
we all partnership. And that --
COMMISSIONER FIALA: Commissioner Henning, could I
add? Just what you said. I totally agree with it. And I'm sorry that I'm
interrupting, I don't like to do that. But I think you're right. And we
have to prevent any of that -- of fracking that we found to be so
damaging to our community. And it should be prevented from coming
into the whole State of Florida, so --
CHAIRMAN HENNING: Yeah. Well, some feel that it is, some
feel that it isn't. The science needs to be performed on our geology
whether it's safe or not. And therefore, you get proper laws for the
oversight of such processes, okay.
But right now as it is today, I'm not -- I feel that it's not safe. I'm
not going to take that position, it's not safe until somebody proves me
wrong, and that's going to be proven through science.
COMMISSIONER HILLER: At the state level.
CHAIRMAN HENNING: Well, at the state level and the local
level. Because we're hiring -- we approved hiring knowledgeable
experts in this field, okay? So it's going to be checked and double
checked. And that's how you make good legislation is through proven
science.
I'm going to continue, if you don't mind.
Partnerships in creating law in Tallahassee is very important.
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September 9, 2014
People or groups or government that makes law without partnership is
going to fail, okay. And we need to be partnerships with the agency,
not fighting the agency. Because now they are proving that they have
our best interest at heart by going after Dan A. Hughes. Exactly what
we wanted is to shut down that well and let's examine what has
happened at that site.
And they're doing that through science, they're doing that --
they're hiring -- they're spending -- you know, I talked to Cliff, the
Deputy Secretary. They're spending upwards of a million dollars on
this issue alone. Okay, they're going to dig deeper, they have tested
the surficial surfaces for any contamination. They're going deeper than
any other. They're going to verify that those two abandoned wells are
safe or not safe and whether they need to be opened up again and be
plugged.
I mean, that's -- that is showing that we need to be a partner in
this. However, I don't agree with the motion. I don't think that we
should litigate against Dan A. Hughes, we're doing exactly -- or DEP's
doing exactly what we asked them to do and they stopped the process.
That's their deal. Our partnership with everybody should be
lawmaking, like Commissioner Nance has said.
COMMISSIONER HILLER: So do you agree with dropping the
lawsuit against DEP, given your position on partnership?
CHAIRMAN HENNING: Absolutely I do. As long as they
continue to be going after --
COMMISSIONER HILLER: Dan A. Hughes.
CHAIRMAN HENNING: -- Dan A. Hughes, yes. And they have
committed to that.
COMMISSIONER HILLER: So -- I understand where you're
coming from. And just so you understand, the reason why I feel we
need to join that lawsuit with them -- and they not only have invited us,
they've invited Conservancy as well. Conservancy doesn't have the
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September 9, 2014
ability to join our suit against DEP, but they would have the ability to
join the suit with DEP against Dan A. Hughes.
I really think if you look at it from a standpoint of what protects
our interest, to make sure that DEP doesn't step back from suing
Hughes, if we join them against Hughes we basically have a seat at the
table. And so that litigation doesn't go away because now we're a party
to it. Which is why I'm recommending it.
Now let me just say to your point --
CHAIRMAN HENNING: Let me just say --
COMMISSIONER HILLER: I just want to say that we can
always withdraw.
CHAIRMAN HENNING: Do you really think that Dan A.
Hughes is going to come to the Board of Commissioners when you're
suing them? No.
COMMISSIONER HILLER: I think they would. DEP -- you
know, we went -- let me give you a perfect example. We are point
blank in litigation with DEP and I have Secretary Vinyard standing
right in front of me today. So I don't agree that Dan A. Hughes would
not come.
And when Dan A. Hughes comes, what they can say is they can
say we followed the law, we did what the current law provides, and
that can be their defense. That is what is being debated. But they
should be given the opportunity to come, and they should be given
equal time to DEP and everybody else to address us. It is up to them to
choose to do -- to come or not.
And, you know, I just want to add one thing. I don't want to
digress from this discussion about the litigation, because I can
bifurcate my motion even more, and I don't mind doing that because of
what you've raised, and I'm willing to do that.
I think it's very important that we as a Board do not imply,
because we don't want to taint anyone's business reputation, that Dan
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September 9, 2014
A. Hughes had a history of bad acts, that they were drillers with a
history of citations from other states before they came to Florida.
Because it's my understanding that is not the case. So I don't want that
this discussion that we are having with you, Secretary Vinyard, with
respect to the idea of making sure that we don't allow drillers that have
a bad reputation to drill here be attributed to the Hughes Company,
because that would be completely unfair and is not correct. And I
think it's important to say it on the record because we don't want to,
you know, in any way engage in defamation of their business
reputation. That would be improper on our part.
I want to go back to the discussion of the litigation. If--
Commissioner Henning, let me bifurcate my first motion again. Let
me say that the first motion would be to drop the lawsuit against DEP.
And as part of that motion to incorporate what Commissioner Nance
has proposed is that we receive -- and I would like to talk to DEP's
counsel. Would you mind stepping up to the podium?
I as the rest of the Board completely understand that you can only
do what the law provides. So what we are asking you to do with
respect to ensuring that our interest with respect to all these wells is
treated by you to the highest possible degree under the law, could you
commit to in a letter to us, in a commitment letter to us, that you will
do the utmost necessary -- or the utmost that the law allows as it
currently stands to ensure that these wells are all properly plugged and
that, you know, the safeguards are in place, that if there is anything
leaking from this one fracking incident that it would not be able to
penetrate those two wells that are each a mile apart?
MR. LEOPOLD: Sure. First of all, you know, I'm a counselor
and, you know, that's ultimately the Secretary's decision. But we are
looking at those wells to see if they're properly plugged. And that's
something we're going to look to our outside expert to help advise us
on. But it's definitely something we're going to be pursuing,
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absolutely.
COMMISSIONER HILLER: Then you will make the
commitment -- Secretary, would you make the commitment that you
will do the utmost permitted under law to ensure that these wells are
properly plugged?
SECRETARY VINYARD: Yes, ma'am.
Be very, very clear, that will be part of the mission of our team of
outside experts. So that way you not only would have DEP experts
looking at this, and we have a number of experts in-house, but we will
also be asking the professional geologists and professional engineers
that we'll be hiring to look at these two wells, yes, ma'am.
COMMISSIONER HILLER: Then I'm going to bifurcate my
motion and I will change that motion from being to withdrawing from
the litigation and joining you in the Hughes litigation to -- for the first
motion to withdrawing from the -- that the Board of County
Commissioners will withdraw from the litigation against DEP, we will
work with you as partners, and that in turn you will give us, before we
withdraw, before our counsel officially withdraws, that you will give
us a commitment letter that provides you will do exactly what you
said, that you will do the utmost under the existing law to ensure that
those wells are properly plugged. Is that acceptable?
COMMISSIONER NANCE: Well, I would like to further ask
Secretary a question.
COMMISSIONER HILLER: Is that acceptable?
CHAIRMAN HENNING: No, the commitment should be that
DEP will work with Collier County and create a new legislation of
regulation of oil wells, okay. Collier County -- or the DEP will
continue its quest to hold Dan A. Hughes accountable for their actions
to the courts. And DEP will commit that -- of testing and verifying
that the action Dan A. Hughes made at this site has not affected natural
resources and our drinking water.
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September 9, 2014
COMMISSIONER HILLER: Can you do that, Secretary? I
really like the way --
SECRETARY VINYARD: All the County Commissioners --
COMMISSIONER HILLER: -- you said that. That's well said,
Commissioner.
SECRETARY VINYARD: If there's contaminate at the
Collier-Hogan well site, nobody wants to find that more than me.
CHAIRMAN HENNING: Right. That's your job.
SECRETARY VINYARD: That's my job.
COMMISSIONER HILLER: That's what you get paid the big
bucks for.
CHAIRMAN HENNING: But the commitment is further
legislation. Commitment is continue holding Dan A. Hughes
accountable through the courts. And if we can get that in a letter, I can
support the motion.
COMMISSIONER HILLER: Then I amend my motion.
Commissioner Fiala, would you amend your second?
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: All right, so we'll start with that.
Commissioner Nance?
COMMISSIONER NANCE: Yes, let me continue.
Mr. Secretary --
CHAIRMAN HENNING: Are you conducting this --
COMMISSIONER HILLER: It would be my pleasure. You
know I'd like nothing more.
COMMISSIONER NANCE: Mr. Chairman, who has the floor?
CHAIRMAN HENNING: You have the floor, and we're going to
stick with the motion. After that call the motion and then take a break
for the court reporter.
Go ahead, Commissioner Nance.
COMMISSIONER NANCE: Yes. Mr. Secretary, I'm going to
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September 9, 2014
make this a little bit stickier by just hypothesizing on the worst case
scenario. Let's assume that a horrific thing happens and that in your
suit with Dan A. Hughes Company DEP does not prevail. My concern
is what happens under those circumstances. And that is why I'm
asking additionally on the commitment letter that has been proposed
by Commissioner Hiller and likewise by Chairman Henning that you
address a little bit about additional guidelines, controls and safeguards
and oversights going forward. I think that's what our community is
looking for.
I'm very satisfied with your increased activity on this incident, as
I've stated before. I am very thankful for DEP. I think your
presentation today was revealing, it was on point and it helped
everybody understand what's going on.
Would you comment briefly on specifically what Collier County
residents and this Board can expect from your agency going forward
regarding the development of appropriate regulations on this new
technology, should you decide that it's appropriate and that it will
happen in the future? What can you -- can you add that to your letter
and communication to us?
SECRETARY VINYARD: Yes, sir, Commissioner.
First of all, as the Chairman said, we will be a slave to science.
As I mentioned, the third-party team of experts that we're hiring will
collect the science and that will dictate what steps we believe we need
to take moving forward. We're starting to collect on their best
practices as far as rules in other states, and then we will assemble some
recommendations to discuss with the legislature.
Now, what you may not know is before rules can be changed,
DEP rules can be changed, once the economic impact exceeds a
million dollars in the State of Florida, we're required to get legislative
approval of those rules.
So I don't have a magic wand. I must get approval from the
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September 9, 2014
legislature.
COMMISSIONER NANCE: But are you willing to engage all
the stakeholders in Collier County, including county government, our
consultants, outside parties of interest such as The Conservancy and
the property owners, Collier Resources, in this endeavor?
SECRETARY VINYARD: Sir, I welcome that.
COMMISSIONER NANCE: Will you so state?
SECRETARY VINYARD: I so state and I welcome working
together in partnership to find what's best for Florida.
COMMISSIONER NANCE: Well then Mr. Chairman, I can
support Commissioner Hiller's motion. After a long discussion, I
appreciate the time we've taken on this issue and I can support the
motion under those circumstances.
CHAIRMAN HENNING: Commissioner Coyle, do you have
anything before we take a vote and go to a break?
COMMISSIONER COYLE: No. I support joining the state in
this lawsuit.
But this long debate that we've had is certainly a good example of
why we should take two weeks and think about this and get all of our
concerns addressed. But if the --
MEMBERS OF THE AUDIENCE: Yes.
COMMISSIONER COYLE: -- majority of the Board wants to
proceed at this point in time, I will not stand in the way.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
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September 9, 2014
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
I just want to -- before we take a break, I want to recognize that
United Way is having a bake sale downstairs. They're selling hot dogs
and gluten free baked goods, Secretary, if you want --
COMMISSIONER HILLER: Are you gluten free too? No? You
should be. I'm just saying, it's a good thing.
CHAIRMAN HENNING: We're going to take 10 minutes, be
back at 11: 10 and continue on on this discussion, thank you.
(Recess.)
MR. OCHS: Mr. Chair, you have a live mic.
CHAIRMAN HENNING: Commissioner Hiller wants to say one
thing for the rest of the day. So we're going to go give her that
opportunity to say just that one thing for the rest of the day.
COMMISSIONER HILLER: That is a lie.
CHAIRMAN HENNING: That's what you just told me.
COMMISSIONER HILLER: I object, Your Honor.
Okay, so I was walking to the ladies room on break and I saw this
sign. See this sign here, Myra Janco Daniels Boulevard, right? Very
expensive public property. She has moved out to Ave Maria.
So I would like to say that we need to name a boulevard out there
and call it Myra Janco Daniels Boulevard Two. And we'll give you
this sign so you can take it out there and add it to the collection of
street signs. Here.
CHAIRMAN HENNING: Okay, you were -- continuing on.
You want to send a letter to the legislation delegation stating that we
are working with DEP and other interested parties to create new law
regulating well drilling based upon science?
COMMISSIONER HILLER: Yes. I like the way you've restated
my motion. My motion was far simpler, but I appreciate the way
you're phrasing it.
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September 9, 2014
And I feel that, you know, we're going to be putting together our
legislative priorities which we are going to present to our state
delegation in the very near future. And I think it would be beneficial if
we direct Leo to have staff put together what we want our delegation to
carry forward this session. And also to let our delegation know exactly
what you said, that we are working in partnership with DEP to make
recommendations based on science.
CHAIRMAN HENNING: And I'll do that as a letter to the
delegation. Is that a motion?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Is there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
Discussion?
(No response.)
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I'm here.
CHAIRMAN HENNING: Do you have any discussion on the
second motion?
COMMISSIONER COYLE: Would you repeat the motion for
me, please?
CHAIRMAN HENNING: Well, it's to direct the Chairman to
write a letter to our delegation in Tallahassee stating that we're going to
work with DEP and other interested parties to create new legislation on
well drilling.
COMMISSIONER HILLER: No, and that they will carry it
forward in this legislative session. That we want them to carry it
forward in this legislative session. We don't want delays on this.
COMMISSIONER COYLE: I'm very supportive of that motion.
CHAIRMAN HENNING: Okay. Well, just to inform you, I
talked to house member. They are -- the speaker has already picked
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somebody to go forward with new legislation. They want -- we want
the legislation to consider and support the county's recommendations
on new law on oil well drilling.
COMMISSIONER HILLER: Correct.
CHAIRMAN HENNING: Is that --
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Any further discussion?
(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: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
And you want to invite Dan A. Hughes to speak to the Board at a
future meeting; is that your motion?
COMMISSIONER HILLER: Yeah, it's an invitation. I think we
should as a courtesy extend them the same invitation that we've
extended to DEP and allow them the opportunity to come here and
speak. And the choice is theirs. I mean, and there's no prejudice if
they don't come, they have every right not to come. But I think as a
courtesy we should allow them to make a presentation if they so
choose.
CHAIRMAN HENNING: And that's to direct me to write that
letter?
COMMISSIONER HILLER: Sure. I like it. You're doing --
COMMISSIONER FIALA: Second.
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September 9, 2014
COMMISSIONER HILLER: -- all the heavy lifting here.
CHAIRMAN HENNING: There's a motion by Commissioner
Hiller, second by Commissioner Fiala.
Discussion on the motion?
COMMISSIONER COYLE: I would just say we have repeatedly
asked them to come speak to us over the past year and nothing much
has happened. I don't see the point in this.
COMMISSIONER HILLER: I think we should do it as a
courtesy to show goodwill. Everyone should have the right to address
and let's hear what they have to say.
CHAIRMAN HENNING: Okay, 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.
COMMISSIONER HILLER: There's one issue that's outstanding
and that is whether or not we join the lawsuit against Dan A. Hughes.
And we can do one of two things with respect to that: We can either
address that here and now or we can ask the County Attorney to
prepare an executive summary and lay out the pros and cons to us
joining that litigation.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I agree with Commissioner
Coyle on this one. I think we should wait just a little bit, let us study
that a little bit more before we move forward with that one.
COMMISSIONER HILLER: So maybe have the County
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Attorney prepare an analysis for us to bring back and then we can
address that at the next Board meeting.
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN HENNING: Yes, sir.
COMMISSIONER COYLE: If I could just make my position
clear here. I am fully supportive of joining that lawsuit. I just want to
make sure that we have a strategy laid out and that everyone has had --
all the commissioners and all the public has had a chance to voice their
opinions, either support or opposition, to that motion.
COMMISSIONER HILLER: Yeah, and I agree with
Commissioner Coyle, I think it is important that we are fully informed
as to exactly how we're going to join it and when we're going to join it.
So I think on that point we do need more information. And so I would
support -- my motion would be to direct the County Attorney to bring
back an executive summary that outlines for us how we should
proceed in joining that litigation.
COMMISSIONER FIALA: Right. And I do second that,
because this way then we'll come back with a stronger position, I think.
COMMISSIONER HILLER: I agree.
CHAIRMAN HENNING: Well, previously you said pros and
cons about joining in. Is that still within your motion?
COMMISSIONER HILLER: Yeah, because I think -- I mean,
we should be fully informed. I mean, the County Attorney should give
us all the possible options as it relates to joining that litigation and, you
know, some recommendation based on the weights of the positive and
the negative.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER FIALA: Yes, I already did that.
CHAIRMAN HENNING: You did, thank you.
Discussion on the motion?
(No response.)
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September 9, 2014
CHAIRMAN HENNING: Jeff, do you need anything else?
MR. KLATZKOW: It will be at your next meeting, sir.
CHAIRMAN HENNING: Okay.
COMMISSIONER NANCE: Mr. Chairman?
CHAIRMAN HENNING: Yes.
COMMISSIONER NANCE: I think it might be nice if we would
contact Dan A. Hughes and ask them to come forward and maybe what
they have to say to us would influence our decision on how we go
forward. Let's see what their attitude really is and give them an
opportunity to at least respond before we pile -- I mean, I've got no
problem piling on if that's already been determined. If that's the will of
the Board, that's fine. But if we're going to invite them, I think it's a
certainty if we decide we're going to sue them they have no reason to
come in here and tell us anything at all. I mean, you know, we're then
in litigation against them. So why don't we give them an opportunity
to at least step forward?
I commend the presenters today. I think they came with things
that were very clear and concise. You know, I hope they make those
exhibits available to the public. I hope that they will send them to us
electronically so we can make them available if our citizens ask for
them. But, you know, I would hope that Dan A. Hughes would have
something to say regarding what they did and how they're going to
behave in Collier County going forward. So maybe that will influence
our decision.
COMMISSIONER HILLER: I really like what Commissioner
Nance is saying. So why don't we invite them to the next Board
meeting? If they choose not to come, that's fine. And then have Jeff s
agenda item at that meeting as well, but following any presentation by
the Hughes Company.
MR. KLATZKOW: I have a relationship with their attorney. I've
been speaking with him off and on throughout this. I will send him an
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executive summary so they're aware of what's happening and invite
them to the next meeting.
COMMISSIONER HILLER: I think that's awesome.
CHAIRMAN HENNING: Okay. Amended motion by
Commissioner Hiller, and that's agreed by the second?
COMMISSIONER FIALA: Okay.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Discussion on the amended motion?
Commissioner Coyle?
COMMISSIONER COYLE: Nothing from me, thank you. I'm
supportive.
CHAIRMAN HENNING: Okay. Any other discussion by the
Board members on the amended 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 COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
I just have one question, Mr. Secretary, if you don't mind. Are
you going to post legislation on fracking? Are you going to issue any
permits on fracking or acid stimulation, post any law on that?
SECRETARY VINYARD: We have already announced that the
activity that took place on New Year's Eve at the Collier-Hogan well
site, we will not allow that activity to occur anywhere in Florida, not
just Collier County, anywhere in Florida until we have science to
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support whether or not that activity is harmful to the environment.
CHAIRMAN HENNING: Well, based upon science, if it comes
back that more law needs to be in place to regulate that, if it is proven
safe, are you still going to issue a permit?
SECRETARY VINYARD: Well, here again, you're making
some assumptions.
CHAIRMAN HENNING: Well, I know I am.
SECRETARY VINYARD: And so until we get the science
available to us to tell us whether or not that activity is appropriate,
we're not going to issue any permits, period.
CHAIRMAN HENNING: Okay. So if it says that it's safe as
long as this regulation is in place, without that regulation in place
you're not going to allow it?
SECRETARY VINYARD: Right. The Florida statutes make it
very clear that oil companies are not allowed to pollute land and water.
And as secretary of DEP, I get to interpret what that means. And so I
will commit to you again today that until we have the science available
to us we will not be issuing permits for that activity.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: And Mr. Chairman, I would also
remind the Board and the public that Collier Resources has likewise
voluntarily placed a moratorium on activities on the properties that
they have until there's some resolution to these issues.
CHAIRMAN HENNING: And was pointed out to me and that's
why I asked, knowing that Collier Resources done that, Collier
Resources is not the only mineral rights owner within Collier County.
COMMISSIONER NANCE: And that's important.
CHAIRMAN HENNING: That's important. That's why I wanted
to get that addressed.
COMMISSIONER NANCE: That's why your question is very
important.
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CHAIRMAN HENNING: Okay, thank you.
Safe travels. Look forward to working with you in the future.
SECRETARY VINYARD: Thank you.
CHAIRMAN HENNING: Next item?
Item #10C
BOARD DIRECT THE COUNTY MANAGER TO ISSUE AN RFP
(REQUEST FOR PROPOSAL) FOR QUALIFIED PUBLIC
DEPOSITORIES TO PROVIDE THE BOARD OF COUNTY
COMMISSIONERS WITH BANKING SERVICES AND TO ACT
AS THE COUNTY'S DEPOSITORY BANK, TO CONVENE A
SELECTION COMMITTEE, AND TO ULTIMATELY BRING
BACK A PROPOSED AGREEMENT TO THE BOARD - MOTION
TO HAVE THE COUNTY MANAGER TO GO OUT FOR RFP —
APPROVED
MR. OCHS: Yes, Mr. Chairman, as noted in your change sheet,
the next items to be heard in conjunction are Item 10.0 and Item 13.B.
And 10.0 is a recommendation that the Board direct the County
Manager to issue an RFP for qualified public depositories, to provide
the Board of County Commissioners with banking services and to act
as the county's depository bank, to convene a selection committee, and
to ultimately bring back a proposed agreement to the Board.
And this item was brought forward by Commissioner Hiller.
CHAIRMAN HENNING: Yeah, we're going to hear
Commissioner Hiller's item, and then the Clerk's item in conjunction
before we take any action.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Is that okay?
COMMISSIONER HILLER: Yep.
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CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I think what we ought to do
is let the Clerk present first, and then I'll go ahead and present mine.
CHAIRMAN HENNING: Well, that isn't what was just
announced.
COMMISSIONER HILLER: I understand. And I'm saying that
it's more appropriate to allow the Clerk to present first.
CHAIRMAN HENNING: Ladies -- not ladies before gentlemen?
Are you foregoing your item?
COMMISSIONER HILLER: I'm not foregoing anything, I'm
changing the order and restating that the Clerk ought to present his
item first.
CHAIRMAN HENNING: Yeah, this is not a court of law. It was
-- your item was announced, so I'm asking you, are you foregoing your
item?
COMMISSIONER HILLER: No, I'm not.
CHAIRMAN HENNING: Okay, please present.
COMMISSIONER HILLER: All right, I will.
At the, I believe it was, the last meeting of the Board of County
Commissioners, the county was asked if they would assign someone to
a selection committee which the Clerk had put together to solicit bids
on banking services. So I was appointed by the Board to attend the
meeting.
And I attended the first meeting, and it was very disappointing.
The material wasn't properly organized, you know, background checks
had not been done on the bidders who had submitted. So my first
remark was to give the information back and say you need to
reorganize it, you need to make it comparable, you need to check
references and so forth. So I did not at that point review the material
because it was not possible to do so in any reasonable fashion.
At the next meeting that was convened, I had received the
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information, I started reviewing it and we had discussion, and I started
to have serious concerns about what that selection committee was
doing and in fact what the Clerk was doing. However, at that point in
time I didn't raise my concerns, I went ahead and I decided to do a little
bit of research before I raised the issue.
Subsequent to that meeting I found out that it had been -- it hadn't
been noticed. And as you know, Florida Sunshine Law requires that
these meetings be noticed. And not only was that meeting not noticed
but the previous meeting was not noticed. So now I had two very
serious concerns. The first concern that I had related to whether the
Clerk could even be doing what he was doing, and the second concern
I now had was whether or not there were Sunshine violations.
So I consulted the County Attorney on both these issues, and I
specifically asked that what my concerns were and my legal analysis
behind those concerns be put to our outside counsel because my
concerns were so great at this point. And actually they became even
more weighted as this whole issue evolved going forward over the next
few months that I felt it was really important that we had outside
counsel answer my question because -- and provide any information to
allow me to make a proper determination of whether or not we could
allow the Clerk to proceed as he was proposing.
So I want to give you a little bit of background. The first piece of
information that you need to know is that in the Clerk's RFP on Page 6
under evaluation and criteria, the Clerk makes it clear that the selection
of the bank to provide the services will be made by the Clerk and that
it will only be the Clerk's decision and that decision is final. Nothing
could be further from the truth legally or ethically.
And here's why: First of all, this solicitation is not about banking
services to the Clerk. This solicitation goes to banking services for the
Board of County Commissioners. And this solicitation involves the
expenditure of public funds under the jurisdiction of the Board of
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County Commissioners. We as the Board have passed an ordinance,
we have a law, and that county ordinance is the purchasing ordinance.
And that ordinance very specifically provides that the Board of County
Commissioners shall not delegate its discretionary spending authority
to anybody. And that includes the Clerk of Courts.
The Board of County Commissioners is made up of five
members, and the reason is is because we make discretionary
decisions. The Clerk of Courts stands as one. And the reason is
simple, and that is because the decisions he makes are strictly
administrative. Are strictly ministerial and he has no jurisdiction to
make any discretionary decisions, particularly with the expenditure of
public funds under the jurisdiction of the Board of County
Commissioners.
The banking services costs, as well as any revenues generated on
overnight deposits, falls within the budget of the Board of County
Commissioners. The bank accounts are in the name of the Board of
County Commissioners. In fact, as a part of a public records request --
and every piece of information I have will be introduced on the record
-- the bank reconciliations produced by -- I'm sorry, the bank accounts
that were produced by the Clerk that he has in his possession are all
titled to Collier County Board of County Commissioners. Every single
one of them.
To continue, the Clerk wrongly says in his RFP that he will be the
sole decision maker. That is legally not possible. Furthermore, the
Clerk has a conflict of interest in making this selection in that the Clerk
prepares the bank reconciliation and audits cash. He cannot be
involved in the selection of the bank whose accounts he reconciles and
the cash he audits.
Contrary to his statement that he is the custodian, he is not. The
banks become the custodian of the Board's funds once they are on
deposit, not the Clerk. And in fact I make reference to two statutes
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which make that clear. One provides the definition and the other,
which is the one I'm relying on -- and by the way, everything that I'm
stating here today was provided to the Clerk. And I say that as an
aside. As soon as I discovered these issues, I immediately notified his
staff and advised his staff, as well as the County Attorney, to inform
him of these issues. So he was fully on notice before he continued to
proceed, notwithstanding the fact that the law was made clear to him.
In Florida statute 2. 18.415, subsection (23), it makes it clear that
the selective depository acts as custodian for the unit of local
government with respect to each financial deposit instrument issued for
its account.
And that unit of local government is us, not the Clerk. And while
he can partner with us and the Supervisor of Elections can partner with
us to getting banking services for their agencies or their unit of local
government, he cannot make a selection and make a final decision or
contract on our behalf. And that was clearly his intent and continues to
be through this day.
The unit of local government is defined in Florida Statute Section
2.18.403 subsection (11).
So as you can see, he clearly did not have the legal authority to do
what he was doing.
To continue, it gets worse. These meetings, as I told you, that he
convened to rank the banks who were competing for the Board of
County Commissioners' banking services contract was not noticed.
And when I advised the Clerk that those meetings made what had been
discussed in the selection process invalid, he said -- his solution was
well, we'll just reconvene. And this is how he reconvened: He
reconvened the meetings and eliminated my participation. And he
didn't replace me with anyone else from the Board of County
Commissioners, he just eliminated the Board of County
Commissioners entirely from the selection process.
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It gets worse. He held those meetings in a closed meeting room,
completely inaccessible to the public, without going through a
receptionist, without going through a closed door, entering into a room
that the public is not normally invited to attend and participate in.
There's an Attorney General opinion on point, which I'll go ahead
and make a part of the record. And I'll make the statutes a part of the
record as well. In fact, everything I have here today will be a part of
the record.
CHAIRMAN HENNING: Well, I would like to read, before you
introduce it into the Board's record, the material that you have.
Because trying to follow what you're saying and introducing stuff is
just not acceptable.
COMMISSIONER HILLER: Well, I'm going to continue.
CHAIRMAN HENNING: Well, I want you to continue, but as
far as introducing stuff into the record, the Board's record --
COMMISSIONER HILLER: That's fine. Then I'll make
reference to it. And for those of you who do not want to read the hard
copy I've made available, it's AGO 96.55, location of public meetings
and release of public records. It was an Attorney General opinion dated
July 15th, 1996.
To continue. As I said, the subsequent meetings held by the
Clerk were not open and therefore violated Sunshine. As a
consequence they are no cure to the defect of the meetings that were
not noticed in the first place. But again, he didn't have the legal right
to do any of this to begin with. So the Sunshine violation becomes
moot. Unless he insists he had the right to do it. The process was
illegal, the process was defective. In fact, the process, after I tell you
this next part, would in my opinion be considered nothing less than
corrupt.
The staff that he appointed, and it was his staff that he appointed,
to his selection committee came up with their rankings. He came up
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with his rankings. He never produced a written ranking. In fact, I did
a public records request for all written documents related to what had
gone on. His ranking was not included. In fact, I sent an email this
morning to him saying where is your documented ranking. I have your
staffs ranking, where is yours?
Crystal comes running down and after a delay in time produces a
handwritten document. That was not given to the individuals who were
competing for this bid. It was not given to me, notwithstanding my
public records request.
There's a bid protest. When the Clerk prepared his executive
summary and put it on our agenda, he did not even tell us there was a
bid protest. And in respect to that bid protest, the Clerk acts as judge,
jury and executioner. The Clerk, who made the selection, who in his
RFP says he's the only one who can make that selection, who is the
final decider, according to his standards is the only one who can decide
a bid protest.
I listened to the audio of that bid protest. It was shocking. And I
do have that, I received a copy of the CD and I will introduce that on
the record. And what I'd like to ask that this be transcribed. I think we
should listen to it this morning. Because Fifth/Third was the bank that
protested what the Clerk and his selection committee did.
The Clerk's decision was arbitrary and capricious. Fifth/Third
claimed that the rating was subjective, ignoring the facts, that others
had not submitted all documents, answered all questions, didn't carry
credit ratings, in fact were nonresponsive. And you know what? It
was true. And you know what the Clerk said? It doesn't matter what
the facts are, it is subjective and this is what I think. And while the
RFP clearly provided the weighting, based on what was supposed to be
factual information, neither the staff nor the Clerk respected that.
Neither the staff which sat on the selection committee and the Clerk
respected that.
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The entire selection process was corrupt.
The Clerk then comes before us and he presents a contract.
Because I said that what he had done was wrong. So he decides to
come to the Board of County Commissioners for legal cover for what
is a completely illegal process, an arbitrary and capricious process, a
process which is I do not believe would stand up if challenged in a
court of law, and wants us to bless what he has done. Because now he
has decided he needs cover.
And here's what he does. He presents as contract, which is in
your backup material, and that contract is not between the Board of
County Commissioners and the selective bank. It's between the Clerk
and the bank. We're not even a party to it. But he wants us to sign it.
And the indemnification in that contract doesn't protect us, it protects
him. So we're completely exposed.
And it gets worse. It gets worse. Modifications are going to be
made by him, not by us. But why even get to that contract? Because
we're not going to sit here and ratify. We cannot legally as a Board
ratify an illegal process.
This is not about subjectivity, this is about the law. This is about
ethics. The Clerk of Courts does not have legal jurisdiction to do what
he did. The Clerk of Courts conducted himself in an unethical manner.
The Clerk of Courts cannot now come before the Board of County
Commissioners and ask the Board of County Commissioners to ratify
his bad acts. We can't do it.
The only solution, the only cure, is to direct our County Manager
to go out and do what he should have done in the first place, which is
put this is out to bid and ask the banks to be responsive.
In fact, if I was putting together an RFP based on what the Clerk
said was his justification for his selections in the bid protest, it
wouldn't look at all like the RFP he put out. Because in his decision
making he completely changed the criteria. Our RFP would say oh,
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you don't have to have a credit rating, credit ratings are irrelevant.
Irrelevant. And that's just one small example. If you don't have it, oh,
that's okay, I can't ask you for what you don't have.
The Clerk cannot do what he did. The Clerk, if we ratify what he
did, will be criminally guilty of a Sunshine violation. We will find
ourselves in court with these other banks who with absolute
justification should sue us if we ratify this.
The only cure, the only cure is to put this out to bid under the
County Manager. And so with that I make the motion that that's what
we do.
CHAIRMAN HENNING: Okay, are you done?
COMMISSIONER HILLER: Yes, sir.
CHAIRMAN HENNING: So I take it your participation in the
selection committee didn't turn out very good?
COMMISSIONER HILLER: Actually, my participation on the
selection committee was very positive. The committee was made up
of a completely different panel than the new panel. I had no idea that
when a new selection committee was being convened that -- or should
I say that when the selection committee was going to be convened after
no notice was given, that he was going to create a whole new panel.
What's egregious is that he didn't select anyone from the county to
participate instead of me.
And again, just so you understand, Commissioner Henning, when
I identified that he did not have jurisdiction to do this, and when I
identified the Sunshine violations, I told Crystal immediately to tell
him so he wouldn't face what we are sitting here facing today, so that
he would have the opportunity to do the right thing, to do what is
required by law, to do what is required ethically, to step back from this,
to turn it over to the County Manager so he could bring it forward at
this meeting, tell what happened and allow the county to go forward
with the solicitation.
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So in answer to your question, it actually went very well with the
exception being that that meeting was completely invalid from its
inception and had no basis in law.
CHAIRMAN HENNING: I had a great summer too.
COMMISSIONER HILLER: Well, I was working so you could
be fishing. I did it just for you.
CHAIRMAN HENNING: Thank you.
Yeah, I was on the last selection committee.
Anyways, there's a motion on the floor. Is there a second to the
motion?
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I would like to applaud
Commissioner Hiller for her courage to bring this issue up. I think this
is a continuation of a pattern of behavior that has existed in the Clerk's
Office for a long, long time. And I think it is shocking, quite frankly.
And I think that we need to do something about it. To close our eyes
to this kind of situation makes us complicit. And I think we definitely
should institute a proper procurement process for this. But not only
that but to continue to look into issues in the Clerk's Office because
there are many other similar situations that occur on a regular basis.
So I will second the motion.
CHAIRMAN HENNING: Okay, as stated previously we're
going to hear both items before making any decision or having
discussion or questions.
So I guess on this one, Commissioner Hiller, do you think it's best
that we get a response from the Clerk and then move on to his item?
COMMISSIONER HILLER: Well, I think it's extremely
important that the record reflect that Nabors Giblin agreed that the
Clerk does not have legal jurisdiction to do what he did.
CHAIRMAN HENNING: Hold on a second. You said you were
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done.
COMMISSIONER HILLER: Yep. I know.
CHAIRMAN HENNING: Did you want the Clerk to respond to
your item or should he address his item? Or do it in tandem?
COMMISSIONER HILLER: I think -- County Attorney, what
do you recommend? Since I think there will be litigation that will
ensue from this. What's your opinion?
MR. KLATZKOW: I don't have an opinion at this moment.
CHAIRMAN HENNING: I'll tell you what, I'm going to make a
judgment call.
Clerk, do you want to respond?
MR. BROCK: Sure.
CHAIRMAN HENNING: Thank you.
MR. BROCK: I guess I sat here and all I can think of is deja vu.
You know, I discovered a bank account in Chokoloskee that the Board
of County Commissioners had set up and we litigated for seven years.
I thought we were beyond that.
I will show you the language of the appellate court. According to
Commissioner Hiller, who I now understand exactly what's going on in
light of the fact that somebody told me that she had told him that she
intended to run against me in 2016, but --
COMMISSIONER HILLER: Oh, so this is a political defense?
So you're doing exactly what that young lady who stood before us,
what was her name, the former Chief U.S. Attorney --
CHAIRMAN HENNING: You are going to --
COMMISSIONER HILLER: -- on the Barlow case.
CHAIRMAN HENNING: Commissioner --
COMMISSIONER HILLER: How rude of you. You are small.
You are a very small man. I'm sorry.
MR. BROCK: Did you not tell someone that?
COMMISSIONER HILLER: No, I did not.
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MR. BROCK: You didn't?
COMMISSIONER HILLER: No, I did not.
MR. BROCK: You didn't tell Randy Johns that?
COMMISSIONER HILLER: No, I did not.
MR. BROCK: Really?
COMMISSIONER HILLER: No. I'm sorry.
MR. BROCK: Commissioners, let's --
CHAIRMAN HENNING: Wait a minute, before you --
Commissioner, can you stand away from the mic so we can proceed
with this?
COMMISSIONER HILLER: No. I'm going to stay exactly
where I am.
CHAIRMAN HENNING: Okay, can you be --
COMMISSIONER HILLER: By the way, I just got reelected for
four years.
CHAIRMAN HENNING: Can you be silent so --
COMMISSIONER HILLER: As of November.
CHAIRMAN HENNING: -- we can continue this?
Commissioner Hiller? Seriously. I mean, we have several items
in here. We've got a lot of public here want to speak on issues. If we
go back and forth we're not going to get anywhere. The only thing that
I want to do is proceed with a -- you know, an item that we need to
make a decision on. So -- however, but if we're going to have back
and forth between the Clerk and yourself, we're not going to get there.
So that's why I'm asking, can you let the Clerk respond without
interruption?
COMMISSIONER HILLER: He asked me a question, I was
answering.
CHAIRMAN HENNING: No, he didn't ask you a question. He
made a statement.
COMMISSIONER HILLER: And then he followed it with a
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question.
CHAIRMAN HENNING: Are you going to have anymore
questions for Commissioner Hiller?
MR. BROCK: No, Commissioner.
CHAIRMAN HENNING: Okay, so there's no reason for a
response.
MR. BROCK: No need for me to have an exchange with the
Commissioner.
CHAIRMAN HENNING: Right.
COMMISSIONER FIALA: Can we stick to the subject?
CHAIRMAN HENNING: Yeah, I'm trying to. And I'm trying to
proceed with this so that we can come to a conclusion, Commissioner,
not have a debate on the dais to confuse everything, okay.
This is not a court of law, this is a proceeding by the Board of
Commissioners hopefully to make a decision based upon facts. And
we're just going to confuse it if we have arguments on the dais. Please.
MR. BROCK: Proceed?
CHAIRMAN HENNING: Proceed.
MR. BROCK: Can you make it larger?
What I have on the -- you probably can't read, but let me just read
it to you. This is the opinion of the Second District Court of Appeal
with regard to the bank account in Ochopee.
Article 8, Section 1.D of the Florida Constitution provides that
when not otherwise provided by county charter or special law
approved by vote of the electorate, the Clerk of the Circuit Court shall
be ex officio Clerk of the Board of County Commissioners, auditor,
recorder and custodian of county funds.
There is no special law. And this is this Clerk versus this Board.
There is no special law or charter provision divesting the Clerk of the
duties in this constitutional provision, as is the case with other
state/county officers. The powers and duties of the Clerk of the Circuit
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Court shall be fixed by law.
Article II, Section 5.0 of the Florida Constitution, Section 2812,
Florida Statutes, 2007 provides that the Clerk of the Circuit Court shall
be the Clerk and accountant of the Board of County Commissioners
and that the Clerk shall keep the minutes and accounts and perform
such other duties as provided by law.
The court goes on to say: A public officer with the right and
responsibility to maintain custody of public funds necessarily has the
authority both to investigate circumstances in which public funds have
wrongfully been withheld from the officers' custody and to seek to
obtain custody of the withheld funds.
I would suggest to the court that the court respectfully disagrees
with Commissioner Hiller as to who the custodian of the county's
funds are.
But be that as it may, the process that I have gone through as long
as I've been here, I think, in terms of entering into the banking services
contract was never from my perspective Clerk versus Board issue.
That's why I always had on the committee someone from both
Supervisor of Elections office and of the Board of County
Commissioners. I was the one that approached Commissioner
Henning about getting someone from the Board on there.
It's -- from my perspective, it was not my contract or your
contract. You know, I've got about $40 million in that bank. Are we
going to a scenario where we have -- when I say I, the Clerk's Office
has about 40 million. Are we going to a scenario where the Clerk's
Office has one bank? I then got to deal with another bank for the
Board's funds, and then I have got to deal with another bank for the
Supervisor of Elections funds? I don't think it's true with the
Supervisor of Elections.
But the process that we went through -- and she did make one
absolutely correct statement and that was that when I constituted the
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selection committee, I put one of everybody on it. And I began the
process of having that committee evaluate, do a fact finding and a
recommendation to the Clerk. Okay.
The first meeting was held, okay. The second meeting was held.
And I happened to walk into the second meeting at the end of the
meeting. And these tapes are all on our website and have been, so you
can go read them -- or listen to them for yourself.
It was in response to a question by me in which they were talking
about inviting the banks in to do their presentation. I asked the
question how are you going to avoid having all of the other banks
there? And they then said to me that they didn't advertise. At which
point in time the red flags went up all over the place, and I understood
that by them overlooking the advertising process that it created an
issue with them then making a recommendation. Fact-finding
committees do not have to meet in the Sunshine as the committee that
fact finds and recommends does.
And in order to cure that process, I dissolved that current
committee, removed everyone that was on it, to avoid the taint.
Reconstituted the committee. And the members on the committee
were all of my staff for two reasons. One of the members on the
previous staff was the Supervisor of Elections employee. That
employee voluntarily removed herself from the committee because her
parents or someone in her family had an interest in one of the
participants.
As it relates to the -- having someone else from the Supervisor
there, the Supervisor of Elections did not want to appoint anyone else.
The Board of County Commissioners at this point in time were on
recess, and I did not have a mechanism of trying to get the Board to
appoint someone else. And as a consequence I put four members from
my staff on it. And my choice of dealing with that then was to bring it
to the Board in the manner in which we're doing, okay. That was the
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cure that I perceived would work.
In the course of this process, Commissioner Hiller went over to
my finance director, Crystal Kinzel, on multiple occasions and told her
that she was committing a crime. To the point that it disturbed Crystal.
And in a process of trying to resolve that issue, I went to the State
Attorney's Office. State Attorney's Office, if you would like to file a
complaint with them, they fully understand exactly what's going on.
And you're more than welcome, I invite you to run over there and file a
complaint, Commissioner, if you think we committed a crime. I
wanted to make sure that there was not a problem.
You made the comment that there was no cure possible for that
violation. I think if you will recall, I will show you momentarily, the
letter that I sent you cited the very case that said yeah, there is.
But be that as it may, I have never looked at this as this being a
Clerk's function or a Board function. I looked at this as being a
collective function of all of us. If we are now going into the posture of
it's me versus you, I guess maybe we need to go back to the courtroom.
You know, I think that is just absolutely disastrous to engage in that
again. But that's okay. I understand.
The process that we went through, I'm fixing to go through with
you. And the Power Point, show you the documents that we went
through the process. Can you set it up, Derek?
Do you have the copies? I have them here.
We sent out our request for proposal and these were the names of
the banking institutions that picked up copies of the proposals. And
we tried to send them out and make everyone in the area aware that
there was a request for proposal. And these were the people who
actually solicited the proposals from us.
There was a deadline for training in the proposals to the Clerk's
Office. And four of the banks actually turned in proposals. These are
the ones that attended the pre-proposal conference. But four of these,
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September 9, 2014
it was F&B of Gulf Coast, now FIB, FFIB, which is Garrett Richter,
and Tice, Gary Tice, bank here in town. It was a former First National
Bank. Sun Trust, Wells Fargo, I think, and Fifth/Third Bank all
submitted proposals.
The -- after the reconstituted committee was put in place, they
evaluated the proposals. Those are the submitted bids.
That is my letter in which I sent out after I had discovered --
COMMISSIONER HILLER: Excuse me, Commissioner
Henning, point of order. If I'm not allowed to introduce documents on
the record, why is the Clerk?
CHAIRMAN HENNING: Are you entering these in the record?
It's part of your presentation, right?
MR. BROCK: Yeah.
COMMISSIONER HILLER: So I can do the same thing, I can
just make things as part of my presentation, hold them up, put them on
the overhead, but that does not make them part of the public record?
CHAIRMAN HENNING: The official record is kept by the
Clerk. Those documents are introduced to the court reporter. Are you
introducing any documents to the court reporter?
MR. BROCK: (Shakes head negatively.)
COMMISSIONER HILLER: We are presenting exhibits here
which will not be given to the court reporter so the history will not
reflect which documents are being referred to on these overheads?
CHAIRMAN HENNING: If they're not in the official record.
MR. BROCK: If you want me to introduce them, I will certainly
CHAIRMAN HENNING: Well --
COMMISSIONER HILLER: No, the problem is the Chairman
said that I couldn't introduce records but now -- and of course I would
like to. But he says you can?
CHAIRMAN HENNING: Well, you're really trying to confuse
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things, Commissioner.
COMMISSIONER HILLER: Am I?
CHAIRMAN HENNING: The Clerk is not introducing things
into the official record. This is a part of his presentation that is part of
the audio, it's not a part of the official record.
COMMISSIONER HILLER: I see. So now we are going to have
exhibits which are put on the overhead for this audience's viewing
barred from the rest of the public?
CHAIRMAN HENNING: This is not a court of law and you're
not going to --
MR. BROCK: They're on my website.
COMMISSIONER HILLER: No, we're --
CHAIRMAN HENNING: -- litigate this item.
COMMISSIONER HILLER: -- talking about what you're
introducing here in the public's forum in the course of your
presentation. I find this highly questionable.
CHAIRMAN HENNING: And, you know, everybody -- DEP
was given a presentation.
COMMISSIONER HILLER: And they introduced their exhibits
on the record.
CHAIRMAN HENNING: It's not in the record.
COMMISSIONER HILLER: And you didn't object. Oh, their
presentation is not on the record?
CHAIRMAN HENNING: Did they introduce it to the record?
MR. OCHS: Yes, sir, we will enter both of those Power Points.
CHAIRMAN HENNING: Did they ask for it to be in the record?
MR. OCHS: I don't recall. I don't recall, sir.
CHAIRMAN HENNING: Yeah, I don't recall that either.
COMMISSIONER HILLER: So we are going to exclude DEP's
documents from the public record after their presentation?
CHAIRMAN HENNING: They didn't ask.
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September 9, 2014
COMMISSIONER HILLER: No, the question is would what do
we as a Board want to do?
CHAIRMAN HENNING: Do you want me to answer your
question, Commissioner Hiller or do you want --
COMMISSIONER HILLER: You're scaring me.
CHAIRMAN HENNING: -- to continue being the prosecutor on
this item? That is a question for you.
COMMISSIONER HILLER: No, I am being a commissioner
and I am making sure that the law that is here to protect the people is
upheld. Because you are choosing to play pinocle with the public.
CHAIRMAN HENNING: Now let me answer your --
COMMISSIONER HILLER: And their rights.
CHAIRMAN HENNING: -- question. And if you're going to
continue, we're going to take a recess until you can compose yourself
Now, I will answer your question. You asked for certain
documents to be entered into the -- or stated that you're going to enter
them into the official record.
COMMISSIONER HILLER: Since I referred to them, yes.
CHAIRMAN HENNING: And I said I would like to view those
documents. One of them is this one right here. And I'll show the
public. Right here, there's a ream of paper here that she wants to
introduce into the official record of the Board of Commissioners'
meeting. I think that I have a right to view each and every one of these
documents before it's put into the official record.
COMMISSIONER HILLER: So you can sensor it?
CHAIRMAN HENNING: So that I have knowledge of what's
being discussed here. Okay?
Now, I will ask again, Mr. Brock, are you entering your
presentation into the official record?
MR. BROCK: I certainly will.
CHAIRMAN HENNING: Are you asking?
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September 9, 2014
MR. BROCK: I will. I'm asking.
CHAIRMAN HENNING: Well, the Board needs to accept that.
MR. BROCK: And I understand that.
CHAIRMAN HENNING: Because it is the Board's --
MR. BROCK: I will show you --
CHAIRMAN HENNING: -- record.
MR. BROCK: I will show you each one of the documents that I
will be introducing. And there's only one in each slide. And you can
make the determination if you want to accept them or not.
CHAIRMAN HENNING: Okay. At a certain point you will ask
the Board.
MR. BROCK: I will, I will. I will ask that the entire presentation
be put into the record, okay?
CHAIRMAN HENNING: Are you asking now?
MR. BROCK: If you want me to do it now, if you want me to do
it after I have shown you the documents that you've stated, I will do it
then.
CHAIRMAN HENNING: Why don't you finish.
MR. BROCK: Okay. The document you have in front of you --
CHAIRMAN HENNING: Well, wait a minute, before you start,
are we settled with the issue, Commissioner Hiller?
COMMISSIONER HILLER: Oh, no, not even close.
CHAIRMAN HENNING: Okay, you want to continue this?
Well, let's take a 10-minute break and you gather your thoughts and
we'll come back.
We're taking a 10-minute break. We'll be back at -- no, let's take
an hour break. We're going to come back after lunch at 11:08.
MR. OCHS: 1:08.
CHAIRMAN HENNING: 1 :08, thank you.
(Luncheon recess.)
CHAIRMAN HENNING: Commissioner Nance, you wanted to
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say something before proceeding?
COMMISSIONER NANCE: Yes. I'm just trying to -- I'm trying
to move this issue forward, because it's my understanding that we are
-- that our current contract for banking services is going to expire
shortly. Is that the case?
MR. BROCK: October. The end of October.
COMMISSIONER NANCE: Well, I mean, there's an ongoing
discussion and disagreement between the Clerk and Commissioner
Hiller, and I believe Commissioner Hiller is suggesting there's some
illegality or she's objecting to the process by which we -- the Clerk
employed to go forward with what he's apparently done previously in
the past. And I don't think we're going to resolve this today. I think --
you know, I cannot understand fully Commissioner Hiller's
information because I haven't been able to see it. If I could see it,
maybe we could have a lengthy discussion about this at some other
time. But I'm not in favor of extending this, because I don't think we're
going to come to any agreement on it today.
So I would like the Clerk to go forward rather than spending time
defending a discussion to try to lead us forward to his recommendation
and then the Board has to decide how we're going to deal with the
banking services contract going forward, whether we're just going to
let it lapse and do some intermediary step or take the current contract
that the Clerk is apparently bringing to us or what we're going to do.
Because we have to decide this issue, Mr. Chairman, and I don't know
what else to do, unless somebody's got a better suggestion.
CHAIRMAN HENNING: No, I totally agree. However, there's
politics that can played in this, and we might have to have the
presentation.
If your suggestion is seeing if we can resolve this with motions, I
agree. If not, then we're going to have to proceed with the presentation
by the Clerk.
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September 9, 2014
You are correct, the contract is going to expire. Board doesn't
renew it -- well, I know that I'm going to start setting aside monies for
a while knowing that it's going to expire, and I'm not sure what we're
going to write checks on. So, you know --
COMMISSIONER HILLER: Take the money out of your bank
account.
CHAIRMAN HENNING: This is an issue -- I agree, and I heard
the same thing, an issue about running for office in 2016. You know,
we heard it at the budget meeting. This is going to continue until after
the primary in 2016, my beliefs, unless we put a stop to it.
So you want to make -- well, we already have a motion on the
floor.
MR. BROCK: I have the process that --
COMMISSIONER HILLER: My light's on.
MR. BROCK: -- we went through to show you the evaluations.
COMMISSIONER HILLER: I have my light on.
CHAIRMAN HENNING: Well, Commissioner Nance --
MR. BROCK: That's where I'm headed at this point in time.
CHAIRMAN HENNING: Commissioner Nance is talking about
trying to get to the chase and see if we can --
MR. BROCK: That's what I'm trying to do. Commissioner, let's
see if this assists you.
CHAIRMAN HENNING: Commissioner Nance, are you okay
with that?
MR. BROCK: The rest of my presentation is to show you --
COMMISSIONER NANCE: I'm just trying to move this forward
while still allowing all the issues that have been brought forward.
MR. BROCK: -- the selection process that we went through so
you can make your own decision about the banking services. Because
as I said, you know, I always took this as this was everybody's
contract. Clerk has money in it, Supervisor of Elections has money in
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September 9, 2014
it and the Board has money.
So let me show you the process that we went through in
evaluating the proposals. And maybe that will shed some light in --
that's where I'm going, where we are right now.
COMMISSIONER HILLER: -- in light of your false accusations.
MR. BROCK: Okay? Is that --
COMMISSIONER NANCE: That's fine, sir, please go ahead.
MR. BROCK: As you will see on this particular exhibit, this is
the letter that I sent to the original members of the evaluating
committee setting forth the criteria for evaluating the banks. Okay?
There were 15 points to be given for responsiveness to their request for
proposal: 40 points based upon qualifications and experience; 20
points based upon understanding the county's needs; 10 points based
upon investments, options; and 15 points for the cost of banking.
Okay? That was the criteria that was to be used in evaluating the RFPs
that were submitted.
In the process of doing that, my staff, actually at the request of
Commissioner Hiller, prepared a matrix. This was at the first meeting,
okay. And let me explain to you how my committees for selection of
contracts work. My committees for selection of contract, I'm not
setting the criteria of you making your determination. I don't have
staff that are out there making decisions with regard to the information
that you are to be looking at and then handing that information, those
determinations, to the committee. I want the committee themselves to
make their own independent determination.
We gave the RFPs to each and every member, okay. And the first
meeting of the committee was designed for them to go through,
evaluate the proposals themselves, and to make a preliminary
determination of the score. That would be the preliminary
determination.
Then we would have a meeting in which we would all get -- or
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September 9, 2014
they, I wasn't a member of the committee -- they would all get
together, discuss the issues among themselves, decide what questions
they need to ask of the proposers and at that point in time then they
would bring in the proposals.
At the end of the second meeting where they were discussing the
issues that they needed to talk to the proposers about, and in that
discussion I walked in in the end of it. And as I walked into the
meeting at the end of it, as I said before, they were discussing having
the members come in -- or the banks come in and do a presentation.
And my question to them was, how are you going to keep the
other banks from hearing everybody's presentation? And the response
that I got was well, these weren't advertised. Needless to say, I cringed
when I heard that. I immediately then began trying to figure out a
process to correct that oversight on my staff. And the solution that I
came up with was to disband the committee before they'd ever make
any recommendation to me, reconstitute another committee to do the
very same work that they had done.
And let's understand why the members on this committee were
just members of the Clerk's Office. Supervisor of Elections had
already told us that they were not going to participate. They didn't
have anybody they wanted to participate after the one lady had actually
gotten off of the committee because she had a conflict of interest. And
unfortunately you all were in recess. So I comprised the committee of
members of my staff. Okay?
Now, I sent a letter -- I sent a letter on July the 18th, 2014, okay,
just as soon as I had figured out a solution to the issue of not
advertising the meeting. And the meeting dissolved the committee that
existed and reconstituted the committee and delegated to them the
responsibility of going back through and doing everything that the first
committee had done.
In the evaluation process -- let's see if we can't -- they then
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evaluated the committee, they spoke to all of the proposers, all of the
banks, and they did their evaluation. And here's their evaluation.
Evaluator one, who is on the letter, there is their score.
Out of the four proposers, three of them selected FFIB, Eric
Richter and Gary Tice's bank. A local bank. And one of them selected
Fifth/Third Bank.
Now, Fifth/Third Bank is our current provider, okay? They have
been our provider for many years. And as you can see, FFIB got about
85 percent of the possible votes, fifth/Third Bank got 84.25, and the
other two were way further down.
Because Fifth/Third Bank and FFIB were so close, I chose to
evaluate them myself. Okay? And here is my evaluation.
And Commissioner, you know, I know you accused me on the
dais of not complying with your public records request, but I've got the
two public records requests that you made and I would defy you to
show me where you had requested my evaluation. But that's okay.
The evaluator was me, okay. The response, I evaluated them
functionally the same. There was essentially no difference in my mind
in the response that they gave. They were equivalent. They had
responded.
Qualifications and experience. Obviously Fifth/Third had been
our banking -- the Clerk's banking services contractor for years, so I
gave them more weight than I did FFIB. But I rated FFIB at 35,
Fifth/Third at 37 for the following reason: All of the management
team from FFIB is the very same management team that had actually
worked for First National, and First National was the Clerk's banking
services provider prior to Fifth/Third.
So I'm dealing with people that knew the county, I'm dealing with
people that had had experience. So even though I rated them less
because of the more recent knowledge, it wasn't that far off
Meeting the county needs, I rated Fifth/Third a little higher, based
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September 9, 2014
upon exactly what I just mentioned to you. They had more recent
knowledge but yet FFIB had the historical knowledge as well.
Investment options was 10 points. I rated Fifth/Third a little
higher. And here's the reason. Fifth/Third made a proposal to LIBOR
which is an international bank rate, plus five basis points. FFIB
proposed Fed Funds minus five basis points. Historically LIBOR is a
little more. They both had a floor of point -- or of 250 basis points or
.25 percent that they would pay on the monies there.
Now, that is important to me for the following reason: Currently
that is more -- .25 percent is more than I can get in any short-term
investment option. But what used to be the SBA, which is now Florida
Prime, Florida Prime. And LIBOR is very close. LIBOR plus five.
So I evaluated Fifth/Third nine points and I evaluated FFIB eight
points.
The bottom is the important point. If one of them had given me a
higher base that they would go down to and paid, that would have
made a lot more difference. But the reason that it didn't make that
much difference is because once the interest rates go up I won't be
investing the taxpayers money. And either Fed Funds at the Fed Funds
rate minus five or the LIBOR plus five, I will be parking those in a
higher interest rate investment. And I will show you a slide with
reference to that shortly.
The cost of banking services, okay. The cost of banking services
is where FFIB excelled. FFIB had zero cost for the first year. Zero
cost for the first year. And $7,500 for the next four years. All of the
other banks were about -- a little less than three times what FFIB was
willing to pay. So I evaluated the cost from FFIB at a little less than
twice what I did for Fifth/Third. And that's where I came to the
conclusion that FFIB scored 90 points and Fifth/Third scored 87
points. Okay?
At that point in time I then sent the notice of intent to enter the
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contract to FFIB. My purchasing policy has a provision for protest.
Fifth/Third protested the last banking services contract. And I actually
sustained the protest. This time when they protested, their protest was
comprised of several points. One was that the individual members that
had scored it were subjective. Well, I mean, my point was yeah, I
mean, I -- all of it was subjective in the process. The members were
subjective in their decisions, but the members came out in a manner in
which FFIB was more successful.
Here is the notice of intent to issue. They thought of the policy
and -- well, filed a protest.
Now let's go back and look at who it is that gets paid out of this
bank, okay? The Clerk's agency -- this is for the last three weeks. The
Clerk's agency paid about $710,000 out of the bank. The Board of
County Commissioners paid about 1,329,000 out of the bank. And we
just went back for comparative purposes and pulled the last three
weeks.
So you can see, you know, this is not all the Board money. This
is the Clerk's money, the Supervisor of Elections' money and the Board
of County Commissioners' money, or the taxpayers money. It's county
money, okay.
If you look at Fifth/Third, here is the cost over the five-year
contract. Over the five-year contract, if you take out merchant
services, Fifth/Third would be charging the county a little over a
million dollars. If you look at First Integrity, theirs would be about
$360,000. There's a marked difference there in what the taxpayers are
having to pay for the same services. Okay?
But one of the other issues in Fifth/Third's protest was that you
can earn more investing in LIBOR plus five than you can in investing
in Fed Funds minus five. And Commissioners, if in fact I left the
money in the bank and only invested it in those two potential
investments, they would be absolutely correct.
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September 9, 2014
The thing that they overlooked is those are not the only two
options that are available for us to invest our short-term money in. In
fact, for years we kept almost no money in the bank. We invested it in
what was called the SBA at the time. And if you will recall, at one
point in time within the history of the SBA, the SBA had problems
because they had invested in securities that were relatively risky and
some people ended up in problems as a consequence of that. That was
years ago. That has now been corrected by the state and people are
beginning to invest back into that. When that happened we lost not
one penny because we were monitoring that. And we got all of our
money out before anything had happened to it.
So when you look at that these were simply a pair of options that
were available to us, their proposal didn't mean that much.
In addition to that, one of the things that you need to look at is
how much money we have in the bank and how much we would have
later on. Currently I can earn more by investing it and leaving it in the
bank and earning what the bank pays for the taxpayers than I can by
investing it either in Fed Fu-- in either one of the other alternative
investments, Fed Funds or LIBOR plus five. Or close thereto.
That changes. Somebody asked me one day, you know, what are
the interest rates in LIBOR and Fed Funds going to do? Well, the only
thing that I can -- you know, my kid broke my crystal ball, I'm sorry.
And I don't have any insight into the future. So what I have to do is
look at it from a historical perspective. And the current base that we
are receiving on money left in the bank today is point .25 percent. And
in order to see a point in time in which it would have become more
advantageous to take the money out of the bank, you would have to go
back to, what is it, December of 2012.
So obviously we've been leaving money in there. So there's quite
a bit of money in there right now.
But when the investment options change we will then begin
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moving the money out into another investment option for short-term
money for liquidity needs, and the only thing that is really of import is
the base. And the comparison between what either one of these two
banks were paying or willing to pay and what the SBA will pay, okay.
I at that point in time chose to deny their protest. I had a meeting
with Fifth/Third, I sat down with them, let them explain their scenario
to me. I explained to them exactly what our position was. And the
only issue that I had was I needed to go back and look at the interest
rate.
I went back and looked at the interest rates and came to the
conclusion, just as I had previously, that Fifth/Third was a little better
as a consequence of LIBOR plus five, historically being a little higher
than Fed Funds minus five. So I scored them a little higher. Then I
looked at the cost. And you can see the cost. I scored them at 15
because they were one-third of the cost of anyone else.
Here is a copy of their actual bid protest letter.
One of the other things that they complained about was well,
FFIB did not have a debt rating. And we asked them to provide a debt
rating. FFIB doesn't have a debt rating because they have no debt.
There is no bonds that they have issued, okay. Therefore, they did not
have a bond rating.
One of the things that you must consider is under the law all
banks are required to be what are called qualified public depositories
and they have to keep securities with the state to cover their deposits
for governmental entities.
So that made absolutely no difference to me in the grand scheme
of things. All of the other complaints were from my perspective not
relevant to the process, other than how I took it into consideration in
my evaluation. And I therefore proposed to give the contract to FFIB.
Commissioner Hiller had complained to Crystal -- she didn't even
complain to me, she complained to Crystal -- that the county did -- the
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Clerk didn't have the authority to be doing that, to issuing the contract.
And I said, this is nuts. You know, this is not a Clerk contract or a
Board contract. You know, this is everybody's contract. And I said
let's take it to the Board and let them review it and decide. It's
everybody's. And that brings us to where we are today.
CHAIRMAN HENNING: Before I go to Commissioner Hiller,
let's go to Commissioner Coyle like we agreed to in the beginning of
the meeting.
Commissioner Coyle?
(No response.)
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER COYLE: Yeah, I'm sorry. I had my end on
mute.
But can you hear me now?
CHAIRMAN HENNING: Yes, I can.
COMMISSIONER COYLE: I don't have any comments other
than what I have made before in support of Commissioner Hiller's
motion. But I think if we're going to have one body or one person
making decisions for all of the Constitutional officers and the Board of
County Commissioners, I think the Board of County Commissioners is
the best choice.
CHAIRMAN HENNING: Okay, thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you very much. I
obviously need to address a number of points that have been raised.
You know, the way you describe everything, Clerk, reminds me
of a movie, Yours, Mine and Ours. It's actually quite humorous to hear
you speak the way you do. And the reason is is because you're talking
out of both sides of your mouth.
Let's begin first with the statements that you and Commissioner
Henning made about politics and me running for your seat. If that
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were the case, I would have ambushed you. I would have not had the
courtesy of doing what I did which is as soon as I realized there was a
problem was to tell Crystal to tell you.
And by the way, the reason I don't talk to you is because you're
incredibly rude. In fact, the last meeting that I had where I called to
put you in front of Leo because you wrongly and falsely accused him
of something, and I felt he had the right to face his accuser, we were in
a meeting with Crystal, the purchasing agent, Len Price, Leo and
myself, and I wanted you to tell Leo and I wanted Leo to in front of all
of us have the opportunity to defend himself
And you didn't like what Leo said because what Leo said was
absolutely correct and you were wrong and you got so irate that you
just jumped out of your seat, and while we had all taken away from our
day to visit to discuss this issue, you stormed out of the room in a
frenzy. Totally unacceptable, unprofessional, and I won't stand for
that, as a Commissioner, as a person or as a lady.
Having said that, as a courtesy to you in the very beginning, once
I identified this issue I told Crystal to let you know that I had a concern
both about the Sunshine issues, which I think are serious, as well as
with respect to the fact that you could not do what you were doing.
And I gave full explanations as to why.
And what I told Crystal is that it is extremely important that we as
professionals -- I consider herself a professional, I consider myself a
professional, I consider you as a professional, I consider Derek a
professional -- that we as professionals ethically do not have the right
to subordinate our opinion or our judgment to anybody for any reason,
that we have to stand correctly on the side of the law, on the side of
ethics with every decision we make. And we don't subordinate
ourselves because we have a demanding boss who could take our job
away from us. Or we don't stand on the side of wrong because we're
afraid of how we're going to get elected or reelected. We stand on the
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side of the law and ethics at all times.
Having said that, I told Crystal, please let Dwight know what the
issues are and what my concerns are, so that he has the opportunity to
walk away from this and this doesn't become a public issuing. You
refused.
When I prepared the executive summary, I didn't upload it right
away. I did the same thing. Two weeks ahead, it was approximately
two weeks ahead, I told Crystal, I said, Crystal, if Dwight does not
allow us to do what is our legal duty, what is our legal right to do and
not his, he's usurping the Board's authority, then I will have to bring
this to the Board. I will have to bring this to the public's attention.
Because I am here elected to look out for the best interest of the public,
not to cover your back, Dwight.
And then before I uploaded it, since two weeks or so went by and
you still refused, I as a courtesy called Crystal again and said, Crystal,
let Dwight know I'm going to have to upload it. And then I uploaded
it.
So with your respect to a claim that I would like to run for your
office, well let me just tell you, over the lunch break this very nice
gentleman in the audience came up to me and said I should run for
president. And if I have a choice to run for president over Clerk of
Courts, I'm running for president. That is not a political statement to
be construed in violation of any election laws out there.
Having said that, let's move to the next point that you made. So
as to number one, you're wrong.
As to number two, your reliance on Alachua is completely
misplaced. This is not about your right to audit. This is not about your
role as custodian, this is about Florida Statute 218.415. And it's about
something that you have said in this forum to this Board during the
entire discussion we had on the purchasing ordinance.
Let me ask you a question: And a simple yes or no will suffice, I
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don't need an elaborate explanation. Does the Board of County
Commissioners have the legal right to delegate discretionary spending
authority to anybody? Just yes or no.
MR. BROCK: No.
COMMISSIONER HILLER: Thank you.
And with respect to that, would you agree, based on your
presentation, that 1.3 million in Board expenditures is at issue in this
contract? That's what you presented. You showed a breakdown that
the costs involved in this contract, the expenditure of county funds,
funds under the control of the Board of County Commissioners, that
the cost of banking services to the Board of County Commissioners
was 1.3 million.
MR. BROCK: No. Hopefully it will be 360,000. Hopefully
within --
COMMISSIONER HILLER: I asked about what the costs were.
You showed me the total costs. You said -- there was a schedule that
you showed. It doesn't matter. Are there costs --
MR. BROCK: Let's find the schedule.
COMMISSIONER HILLER: You said 1. -- not that one. No, sir,
sir.
MR. BROCK: Here's the schedule, 365.
COMMISSIONER HILLER: Sir, not the bidding. You had a
schedule that showed expenditures for banking services. Existing
expenditure of banking services.
MR. BROCK: Commissioner, that is not an existing expenditure
for banking services.
COMMISSIONER HILLER: That was not the expenditure --
MR. BROCK: No, that's --
COMMISSIONER HILLER: -- the 1.3 million?
MR. BROCK: That is the total expenditures --
COMMISSIONER HILLER: Over the term of the contract.
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MR. BROCK: No, for a three-week period. And I'll show --
COMMISSIONER HILLER: Well that was the total -- that's the
total we had running through the custodial accounts for a three-week
period?
MR. BROCK: I will show you --
COMMISSIONER HILLER: Okay. Well, let me ask you this --
MR. BROCK: Well, hold on, let me show you --
COMMISSIONER HILLER: While you're scrolling --
MR. BROCK: -- what you're talking about.
CHAIRMAN HENNING: Let's, let's --
COMMISSIONER HILLER: Let me make it simpler for you.
So while you're scrolling --
CHAIRMAN HENNING: We're going to take a 10-minute
break.
(Recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: The Board's back in session. Would
you all take your seats.
The Clerk is going to try to address a question.
MR. BROCK: The question was did this chart reflect $1,329,000
being the total amount spent.
COMMISSIONER HILLER: No, I see that it isn't. It's not what I
was referring to. But I'd like to continue, because it's not germane to
the point I'm making.
MR. BROCK: Was there something else here you were --
COMMISSIONER HILLER: No.
MR. BROCK: -- referring to?
COMMISSIONER HILLER: I'm referring --
MR. BROCK: This is the chart you were referring to?
COMMISSIONER HILLER: It was. But it wasn't germane to
my point, because I thought it represented something different. After I
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saw the header it was clear that that wasn't the point.
MR. BROCK: That is the average daily balance.
COMMISSIONER HILLER: Yes, I understand. No further
explanation necessary because I'm not relying on it. But thank you for
the clarification.
My point is, and I just spoke to my staff to get the number. The
past five years on average our expenditure for banking services for the
Board of County Commissioners, not for the Clerk, not for the
Supervisor of Elections, has approximately been somewhere between
five and 600,000, in that neighbor. So let's say conservatively if you're
looking at, you know, five times 600,000, you're looking at $3 million
in the expenditure of Board funds for banking services. And again,
we're talking about a decision with respect to the expenditure of Board
funds.
You said that we can't delegate discretionary spending authority
and yet throughout your entire presentation, Clerk, you talked about
the subjective nature of your decision-making, and that your decisions
and your rankings were subjective and subjective and more so
subjective.
So then I ask you, Clerk, do you audit these banks? Would you
audit the bank? Would you do bank reconciliations on the statements
prepared by First Integrity? Would you be preparing the bank
reconciliations.
MR. BROCK: Bank recons?
COMMISSIONER HILLER: Yeah.
MR. BROCK: Yes.
COMMISSIONER HILLER: You would be. And you would
basically --
MR. BROCK: My staff would be.
COMMISSIONER HILLER: Yeah, your staff. So you would be,
right? And you would in effect be engaging in the audit function over
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this bank that you're selecting?
MR. BROCK: We would be reconciling just like you would --
COMMISSIONER HILLER: You would not audit them?
MR. BROCK: -- your bank account.
COMMISSIONER HILLER: You would not audit any of these
accounts? You wouldn't have any concerns? Who would be looking
at the bank from an audit perspective?
MR. BROCK: Well, I guess --
COMMISSIONER HILLER: Who would be auditing cash? Not
you?
CHAIRMAN HENNING: Can you wait until he answers? Holy
crow. I mean, just take a few minutes and take a breath.
COMMISSIONER HILLER: Go ahead.
CHAIRMAN HENNING: Please.
MR. BROCK: I'm sure FDIC does for the federal banks. I'm
sure that the treasurer, Division of Banking and Finance does for the
state banks.
COMMISSIONER HILLER: But you would --
CHAIRMAN HENNING: Wait, wait --
MR. BROCK: Mr. Chairman, may I finish?
CHAIRMAN HENNING: You know, maybe she ought to step
down away from the mic just to let you do it. Or maybe -- somebody
give me some suggestions what to do here so we can proceed in an
orderly fashion.
MEMBERS OF THE AUDIENCE: Arm wrestle.
CHAIRMAN HENNING: Arm wrestle? Put those two in a
room and let's see who comes out.
Do you know what's worse than having a prosecuting lawyer and
a CPA in a room? Two. Okay? So that's what we have today. But we
need to get through this. So there needs to be a question, if there is a
question, and there needs to be a response. After that, let's proceed
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with a vote.
COMMISSIONER NANCE: Mr. Chairman, I would respectfully
request that these two presenters not interrogate each other. That's
what's dragging this out all day. We're not here to have them engage
in a back and forth. The gentleman needs to present and we need to
vote. We've got a motion on the floor and a second. We need to decide
if we're going to go through this whole thing again through the County
Manager's Office and getting banking services or we're going to let this
gentleman continue. That's what we're going to vote on. We can't --
COMMISSIONER HILLER: I have a question for the County
Attorney.
COMMISSIONER NANCE: This question can go on until it gets
dark.
CHAIRMAN HENNING: Are we done with the interrogation,
ques --
COMMISSIONER HILLER: No, I have questions.
CHAIRMAN HENNING: You have questions for the Clerk?
COMMISSIONER HILLER: And I have the right to ask
questions on behalf of the public.
CHAIRMAN HENNING: Do you have questions of the Clerk?
COMMISSIONER HILLER: I do.
CHAIRMAN HENNING: Okay, can we stop the interrogation
and ask your question.
COMMISSIONER HILLER: Yeah. If you say that banks only
had to be qualified public depositories, why did you put in your RFP
that a rating was required? Just --
MR. BROCK: I didn't.
COMMISSIONER HILLER: -- out of curiosity.
Oh, you didn't? Who did?
MR. BROCK: Nobody did.
COMMISSIONER HILLER: Nobody? So there's no
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requirement to provide information about ratings?
MR. BROCK: We asked them to provide their bond rating.
COMMISSIONER HILLER: I thought you just said there were
no ratings.
MR. BROCK: If you don't have a bond rating, you can't give me
one. I understood that.
COMMISSIONER HILLER: Is there a reason they don't have a
bond rating?
MR. BROCK: They don't --
COMMISSIONER HILLER: Is there a reason they can't issue --
what?
MR. BROCK: They don't have any bonds.
COMMISSIONER HILLER: But is there a reason that they can't
issue bonds?
MR. BROCK: Well, I would imagine that they have chosen not
to.
COMMISSIONER HILLER: But is there a reason that
financially they're not able to, that maybe they don't qualify to?
CHAIRMAN HENNING: Well, I read in the paper a long time
ago that it's going to be investors funding the bank and they're not
going out for bonding. That was in -- that was years ago that was in
the paper.
COMMISSIONER HILLER: Look, let's just cut to the quick
here. I really like what Commissioner Nance says. And the bottom
line is County Attorney -- or let me just ask one more question of the
Clerk and then I want to ask the County Attorney. Because I could get
into the details, and all of this is going to be a matter of public record,
because I'm going to ask, notwithstanding your objection to me
entering this on the record, I'm going to ask the County Manager to
take all the records that I have and post them to the county's website. I
have a page on the county's website, Georgia Hiller, you know, County
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Commissioner. Please take all these documents, post everything,
because the public has a right to know and should be able to see it.
So my question to you is, Clerk, do you believe you can enter into
this contract on your own?
MR. BROCK: I do.
COMMISSIONER HILLER: You do?
MR. BROCK: I do.
COMMISSIONER HILLER: And County Attorney, would you
sign off on legal sufficiency based on the Clerk's representation he
believes he can enter into this contract on his own?
MR. KLATZKOW: No.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Are you done? Are you done?
COMMISSIONER HILLER: I am.
CHAIRMAN HENNING: Thank you.
Well, what's on our agenda is not entering into a contract with the
Clerk, there's a signatory for the Board of Commissioners. It's not just
the Clerk's agreement, it is the Board's agreement.
COMMISSIONER HILLER: No, it isn't, sir.
CHAIRMAN HENNING: That's what's on our agenda.
COMMISSIONER HILLER: No, it isn't. Look at the contract.
We're not a party to it.
CHAIRMAN HENNING: Well, I --
COMMISSIONER HILLER: And we cannot ratify what he's
doing as a matter of law.
CHAIRMAN HENNING: I thought you were done, but I see
that's not going to take place. It's --
COMMISSIONER HILLER: You know, I'll tell you one thing,
Commissioner Henning. I will not be bullied by you, all right? You
may not want to hear what I'm saying, because I know you and the
Clerk are really good friends and you spend weekends fishing and
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drinking together, but it's really inappropriate for you to cut me off like
this.
CHAIRMAN HENNING: Well, let me get to the last page of the
agreement, and let me show you the page on the agenda.
Turn to page -- back at Page 446. Okay. Garrett Richter has
already signed it on behalf of the bank. There's a place for the Clerk to
sign it and there's a place for the Chairman, Tom Henning to sign it.
Okay? That's in the agreement.
The bottom line is our banking contract or, you know, ask
whoever you want to ask whose contract it is, it expires. So if we go
out for a request for proposals we're not going to have a contract, we're
not going to have a bank to do our banking, we're not going to have
checks to write on.
Is Commissioner Hiller correct in her assessment? You know, in
my opinion she has a valid point. However, this has been done for
years and years. And this is not only the Clerk's agreement, it is the
Board's agreement. That's why it's on our agenda, that is why our
signatory authority is on there.
So we don't need to be litigating with the Clerk of Court again.
What we need to do is move on and we can correct whatever happens
to -- you know, I can put something on the agenda for the next meeting
for us to work cooperatively.
And I think that's what the Clerk has done. Prior to this item I
was on the selection committee, ranking. Fifth/Third Bank was
chosen. And I think it -- well, I shouldn't say this, but most likely it
happened prior to Dwight Brock this is the process that went on.
Now, if somebody wants something different, Commissioner
Hiller brings up a good point. However, we don't need to go to the
court to determine this. If you want to do that again, very expensive
process. I'd say don't vote on the motion at hand, vote on the Board's
-- or the Clerk's item and I'll put something on the next meeting and
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we'll work together through this just like we have done in the past.
But if you want different people leading the dance, that's fine, we
can have different leaders leading the dance. But it doesn't make
sense.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, everybody -- you're all making
good points. I feel that we must -- we're at a time crunch right now
and we do have to go into this, but Commissioner Hiller also makes a
really good point that this is the Board of County Commissioners'
banking. It's our funds. We're collecting them and putting them in
there for the Clerk to then pay from. And I think we should readdress
that situation. But I don't think it can be done today. I don't think we
can get through that today.
You say we've always done it this way. But look, the Clerk has
just hauled out the mileage charges that we've always done that way
for our staff members and now all of a sudden that's being called in
question. I mean, so just because we've always done it that way
doesn't mean that we have to do it that way if there's a better way. And
I think it was so much easier with our staff members with the fueling
costs, but if the Clerk wants to do that, well then, okay, fine.
Same with this, I think that Commissioner Hiller has a really
good point, being that our name is at the top and we didn't even sit at
the dance, we ought to address both. So I'm just kind of underlining
kind of what you said, kind of what Commissioner -- yes?
COMMISSIONER HILLER: Commissioner Fiala, if I may, the
County Attorney said he will not sign off on this for legal sufficiency.
COMMISSIONER FIALA: You know what, we ought to have
an explanation on it too.
COMMISSIONER HILLER: Yes, I think that's extremely
important. But I do agree with your points that history is not a
justification.
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MR. KLATZKOW: The Clerk is of the opinion that he's got the
authority to do this. In fact, he's been doing similar contracts for many,
many years. He doesn't need you to sign off on it, all right?
CHAIRMAN HENNING: But he's asking for us to sign off on it.
MR. KLATZKOW: He's asking you to sign off on it. I've heard
a number of statements made from the dais that gives me some pause
as to the process that went on. I don't know why we'd want to be
involved in it. If the Clerk believes he has the right to do this, let him
do this and we're done.
I do not think this is worth fighting for. This is not an issue to
litigate. This is in my mind a small matter. In the past the Clerk has
done that, that's fine. If as a matter of law it should be a Board
contract, that's fine too. I don't want to spend four or five years
litigating that issue. It's not worth it.
CHAIRMAN HENNING: Right. And I agree. And that's why
I'm bringing probably an interlocal agreement for the future.
You know, Commissioner Fiala, your statement about the other
item, I'm ready to dispose of that real quick on the banking -- I mean,
on the fuel mileage. I already talked to the --
COMMISSIONER FIALA: But let me just finish my last little
statement and that is we have in front of us though the fact that we're
saving about $700,000 of taxpayer dollars. And that is important.
That's the bottom line.
COMMISSIONER HILLER: And actually what's interesting --
CHAIRMAN HENNING: Commissioner Nance and then
Commissioner Hiller. Thank you very much.
COMMISSIONER NANCE: Yes, I -- you know, we're fighting
amongst ourselves here. And it's really shameful to have a -- you
know, this -- if this needs to stand on its own, it needs to stand on its
own. But we're letting our disagreements and our procedural anxieties
get in the way of doing the public's business here. We can't even make
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a decision. We've been going on for hours and hours and hours here
on something that we're clearly not going to agree on today.
So I think we should call the question and make a decision on it
and go forth. If we have to fix it -- you know, we have an agenda here
that's got dozens of items every meeting that brings the final decision
on almost everything to the Board of County Commissioners. The
Board of County Commissioners gets the final look on it. The Clerk
himself has insisted on it. The County Manager now constructs the
agenda to make sure that this is never overlooked so that there is no
way in the world that the Board of County Commission is abrogating
its responsibility and its policy-making authority. It is not delegating
that to anyone, including this circumstance here.
So I think to continue to have anxiety about the fact that we -- if
we can't approve it in Collier County, I don't know who does. And
we're getting to approve everything ad nauseam. Ad nauseam. We are
approving things for $50 in this agenda right here. It cost more than
$50 to put it in the agenda. This is very frustrating to me from an
efficiency standpoint.
So please, this is like passing a kidney stone here, it's annoying.
CHAIRMAN HENNING: Commissioner Hiller, then we're
going to take a vote.
COMMISSIONER HILLER: County Manager, would you be
able to get an RFP out? And what would happen to our banking
services? Because, you know, Commissioner Nance makes the very
clear point that the Clerk obviously cannot usurp our discretionary
spending authority and we have to approve the expenditure of county
funds.
How quickly could you put an RFP out? Or what can you do to
tide us over while another bid is put out for banking services?
Now the Clerk can proceed and enter into a contract on behalf of
himself with Integrity Bank, but he can't do it on our behalf, even
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though he stands up there and says that he can. And we can't do it by
ratifying what he has done, because the County Attorney has made it
clear he will not sign off on that. So what can you do to tide us over to
address Commissioner Fiala's concern about, you know, the contract
expiring and the transition while we're getting a new bank?
MR. OCHS: Well, Commissioner, it's not uncommon from time
to time for staff to bring a contract extension agreement in front of the
Board if we have a situation like this or we have a need to rewrite a
specification, for example, and it's going to take us more time beyond
the current agreement. We usually ask the other party of the
agreement if they'd be willing to extend for 60, 90 days --
COMMISSIONER HILLER: So we --
MR. OCHS: -- bring that to the Board, get that authorization to
allow us to get whatever staff work is done prior to the next contract.
COMMISSIONER HILLER: So the notion that we have to give
into this situation here merely because we have a deadline coming up
on the old contract is not true, that we can make it work and that there
won't be any problems and Commissioner Henning doesn't have to
have the concern he currently has.
MR. OCHS: Well, I guess you'd have to address that to Mr.
Brock, Commissioner. I don't know if there's a provision for an
extension. And if there's not, if the current banking services contractor
is willing to extend on a month-to-month or a 90-day basis --
COMMISSIONER HILLER: You could talk to them about that.
MR. OCHS: Maybe Mr. Brock can --
COMMISSIONER HILLER: Why would he have anything to do
with it? That would be your position to deal with.
MR. OCHS: Well, I'm not a signatory on the contract --
MR. KLATZKOW: It's not a contract.
MR. OCHS: On the current contract.
COMMISSIONER HILLER: Oh, he's the signatory on the old
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contract?
MR. OCHS: Well, the contract --
CHAIRMAN HENNING: The existing contract.
MR. OCHS: -- that is existing right now.
COMMISSIONER HILLER: He was the only signatory?
MR. OCHS: I don't know, ma'am, I'll have to find out.
COMMISSIONER HILLER: I see your point. That is a problem.
So in other words --
CHAIRMAN HENNING: Three hours later.
COMMISSIONER HILLER: And just so you know, this is a
significant issue. Because it goes to the role of the Board. It goes to
the expenditure, the authority as to who has the right to make
discretionary decisions with respect to the expenditure of Board funds.
It goes to conflicts of interest. These are very serious issues. And I do
care about them. And the public should care about them.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: It's their money.
CHAIRMAN HENNING: With that, we are going to vote on --
COMMISSIONER HILLER: Commissioner Fiala, I would ask --
CHAIRMAN HENNING: All in favor of Commissioner Hiller's
motion -- aye.
COMMISSIONER HILLER: -- that you allow the County
Manager to move forward with this.
My motion is that the County Manager be allowed to move
forward with putting this out to bid.
MR. BROCK: Mr. Chairman?
CHAIRMAN HENNING: There's a second on the motion.
MR. BROCK: May I --
COMMISSIONER COYLE: I second.
MR. BROCK: -- make one point?
CHAIRMAN HENNING: Hang on, Commissioner Coyle?
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COMMISSIONER COYLE: Yes, I had seconded Commissioner
Hiller's --
CHAIRMAN HENNING: Oh, you seconded. I apologize, I
thought it was Commissioner Fiala.
COMMISSIONER COYLE: I think it was yesterday I seconded
it.
CHAIRMAN HENNING: Yeah, I know.
COMMISSIONER NANCE: Hard to remember, sir.
CHAIRMAN HENNING: I don't know about you,
Commissioner Coyle, but I'm not going to be here tomorrow to
participate, so grab some coffee, we're going to be here for quite a
while.
COMMISSIONER COYLE: Well, is this Wednesday already?
CHAIRMAN HENNING: Go ahead.
COMMISSIONER COYLE: I don't have anything more to say. I
support Commissioner Hiller.
CHAIRMAN HENNING: Great, thank you.
Mr. Brock?
MR. BROCK: You know, I keep hearing that the Clerk is
spending --
CHAIRMAN HENNING: Well --
MR. BROCK: -- your money. Wait, now this is a very important
issue.
I can assure you no money comes out of your account that has not
been signed off by the county as coming out of the account. Not one
penny. So that is not a correct statement of fact. It has been approved
by the county and sent to me to expend out of your funds or it does not
get spent. For banking services or anything else.
One additional thing. The overwhelming majority of the costs for
the banking services are for lockbox and for -- what's that other service
-- merchant services. That's most of the money.
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Now, there is in fact -- because I set the contract up such that the
Board of County Commissioners had to enter into that agreement or
agree to enter into the agreement before we would in fact let
Fifth/Third participate in that process through our contract. There are
also merchant services which is a large expenditure for the Board that
are for contracts that have nothing to do with the banking services
contract that we're dealing with. They are totally separate contracts
entered into by the Board.
This is for keeping the bank account, writing the checks,
protecting the assets and investing the taxpayers' funds. That is the
extent of my contract, without the Board telling me to do otherwise.
CHAIRMAN HENNING: Well, you know --
MR. BROCK: End of story, let's move on.
CHAIRMAN HENNING: This is going to create -- no, it's not
going to move on, because she's going to want to say something again,
and we're just going to be here back and forth.
So if you're done, can you step down, please.
MR. BROCK: I'm done. I won't be stepping up again.
CHAIRMAN HENNING: Are we ready to vote on this item?
(No response.)
CHAIRMAN HENNING: Hearing no objections, all in favor of
Commissioner Hiller's motion to direct the County Attorney to go out
for an RFP for banking.
COMMISSIONER HILLER: The County Manager.
CHAIRMAN HENNING: County Manager.
All in favor, signify --
COMMISSIONER FIALA: I wanted to hear what Commissioner
Coyle was trying to say?
CHAIRMAN HENNING: He said aye.
COMMISSIONER COYLE: That's what I was trying to say, aye.
COMMISSIONER HILLER: Aye.
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CHAIRMAN HENNING: Is there any other ayes?
COMMISSIONER FIALA: Let me just ask one more question.
Does that mean by the next meeting so that we know what's
happening, because we have a time limitation here or at least an
extension?
MR. OCHS: No, ma'am. If you're asking me if I can go through
an RFP process and --
COMMISSIONER FIALA: I know you can't do that in just two
weeks time, but are you going to check to see if we can have an
extension?
CHAIRMAN HENNING: Extension is not our contract.
COMMISSIONER HILLER: Yeah, but you can talk to the
Clerk, as you said. And now I understand why you're saying that, to
go to Fifth/Third and get an extension so you can have the time to go
out to bid.
MR. OCHS: I can ask the Clerk if that's what the Board wants
me to do?
CHAIRMAN HENNING: Is there any other ayes?
Commissioner Hiller, are you an aye?
COMMISSIONER HILLER: Yes, I'm an aye.
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Any opposed?
Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: So the motion carries 3-2.
Now we need to dispose because it's on our agenda the Clerk's
item, which is 12, 13, 14, 15?
MR. MILLER: 13.B.
COMMISSIONER HILLER: Thank you for your support,
Commissioner Fiala --
CHAIRMAN HENNING: Hang on.
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COMMISSIONER HILLER: -- I appreciate it.
CHAIRMAN HENNING: Please. Geez.
COMMISSIONER HILLER: And Commissioner Coyle.
Item #13B
BOARD OF COUNTY COMMISSIONERS (BOARD) REVIEW
THE RESULTS OF THE CLERK'S REQUEST FOR PROPOSAL
(RFP) #2014-001 FOR BANKING SERVICES AND APPROVE
THE CONTRACT - MOTION TO APPROVE — MOTION FAILED
CHAIRMAN HENNING: The Item 13.B, recommendation that
the Board of Commissioners review the results of the Clerk's request
for proposal, banking 14-001 for banking service and approve a
contract.
Okay, I'm going to make a motion to approve that.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: And here's the reason why I'm making
a motion to approve that. There won't be any interruption of service,
it's a local bank, and it is the best response by far for saving taxpayers
money. It will remove any litigation items between the Clerk of Court
and the Board of Commissioners. Like Jeff said, this is really not
worth it. So that's why I'm making my motion.
Discuss on the motion? Commissioner Coyle?
COMMISSIONER COYLE: I would oppose the motion, but the
only reason is, is that I think there's another possible solution and that
is to seek an extension until we can work all this out, that way there's
no emergency with respect to banking services. But the motion as it
currently stands I would have to oppose.
CHAIRMAN HENNING: Thank you.
Any other discussion? Commissioner Fiala.
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September 9, 2014
COMMISSIONER FIALA: Yes, thank you.
Jeff, do you have a comment on this? I mean, it seems one is in
conflict with the other.
MR. KLATZKOW: I'm assuming this one is going to be voted
down. If this gets voted up we have a conflict, yes.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: So I oppose it.
CHAIRMAN HENNING: All in favor of my motion to approve
13.B, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Motion carries -- motion does not
carry, it's defeated by 3-2. It's interesting -- I'm winning, Dwight. I
mean, it was a 4-1 vote going against you. At least I got one more that
doesn't want to litigate this issue.
So what is the pleasure of the Board? We have a ton of public
speakers, we have a public petition.
Commissioner Coyle, you have some interest on the agenda. Can
we get through some of these? I mean, we've got a full room of people
I'm sure want to talk about wells and signs.
COMMISSIONER COYLE: I would really like to try to take that
Item 10.A and get that completed.
CHAIRMAN HENNING: Okay. I don't think that's
controversial.
COMMISSIONER COYLE: Yeah, I don't think so. I hope not.
CHAIRMAN HENNING: Okay. County Manager, 10.A?
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Item #10A
COMMUNITY REDEVELOPMENT AGENCY (CRA) REVIEW
AN OFFER TO PURCHASE CRA OWNED PROPERTY IN THE
GATEWAY MINI-TRIANGLE BY FORTINO CONSTRUCTION
AND DEVELOPMENT, LLC AND ASSIGNEE AND PROVIDE
STAFF DIRECTION - MOTION TO WITHDRAW THE ITEM
FROM THE AGENDA — APPROVED
MR. OCHS: Mr. Chairman, 10.A is a request for reconsideration
of Item 14.B.1 from the June 24th, 2014 BCC meeting titled
recommendation that the Community Redevelopment Agency review
and offer to purchase CRA owned property in the Gateway mini
triangle by Fortino Construction and Development, LLC and assign
and provide staff direction. This item was placed on the agenda by
Commissioner Nance.
CHAIRMAN HENNING: So entertain a motion. Commissioner
Nance?
COMMISSIONER NANCE: Yes, I just think this is a very
important piece of property and a very important issue, and I think it
deserves additional discussion.
CHAIRMAN HENNING: Now, are we acting as the CRA or are
we acting as the Board of County Commissioners on this item?
MR. KLATZKOW: CRA.
CHAIRMAN HENNING: So Commissioner Fiala, I'm going to
recess the Board of Commissioners meeting and you're going to open
up the CRA meeting.
CRA CHAIRWOMAN FIALA: Okay, the CRA meet is now
open and we've heard what the issue is.
Commissioner Nance, would you state again your purpose in
wanting to reconsider.
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COMMISSIONER NANCE: Yes, I think this is a very important
parcel of property, a major asset of one of our CRA agencies. And I
believe that under the circumstances it deserves additional discussion
which I would like to have.
CRA CHAIRWOMAN FIALA: I see.
Do we have any questions from any of the Board members?
Commissioner Coyle?
COMMISSIONER COYLE: Yes, I wholly agree that this
deserves some additional discussion. The problem, however, is that it
has been overtaken by events. The offer -- this particular item requests
reconsideration of our decision on the 24th of June to review an offer
to purchase CRA property in Gateway Triangle by Fortino
Construction.
That offer has already been withdrawn, to the best of my
knowledge, and we instructed the staff at that point in time to proceed
with a request -- a competitive procurement for bids, and that
competitive procurement has already been completed and the bid is
awaiting opening tomorrow.
So this -- an effort to review an offer which has already been
withdrawn at a time when a new bid is going to be available for review
tomorrow or thereafter by the Board is simply not productive. If we
open the bid tomorrow, and we'll definitely have discussions about any
bid we get from the request for proposals. So it will be on our agenda
anyway coming up, so I don't really understand the need for
reconsideration at this point.
CRA CHAIRWOMAN FIALA: Thank you. And I do want to
make a comment. I see Commissioner Nance's point and he makes
some good points, and I think maybe this one I think is already on the
table and it's moving forward and we've had a cash offer for this
property. But maybe this is something that after this particular subject
has been voted upon for the future projects, maybe we could come up
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-- I think we would need to have a plan in place and maybe a little bit
of a study first before we put a plan in place to discuss other projects
that we would be wanting to reconsider.
I think at this time I would like to ask Commissioner Nance if
maybe we could consider his concerns but after we have voted on this
one. And maybe put a plan in place for future --
COMMISSIONER NANCE: You can bring it forward if you'd
like to, but I won't be able to support it under the circumstances.
CRA CHAIRWOMAN FIALA: I see.
COMMISSIONER NANCE: So you can --
CRA CHAIRWOMAN FIALA: I do want to hear -- we do have
four speakers.
MR. MILLER: Yes, ma'am, we have four registered public
speakers at this time.
CRA CHAIRWOMAN FIALA: And I'll reserve my comments
for it.
And Jean Jourdan, would you like to speak first?
MS. JOURDAN: For the record, Jean Jourdan,
Bayshore/Gateway Community Redevelopment Agency.
I just wanted to let you know where it is in the process. At the
last meeting when the CRA Board voted, they voted that we were
allowed to go forward and advertise. Basically that is what we've
done. We actually publicly advertised. We did so in the Naples Daily
News pursuant to Florida Statute. Additionally we went through the
purchasing department and we put it on our website, and sent out mass
emails.
What it did, it provided notice in 30 days for anyone to respond.
We received one response, it was a sealed bid, which it said would be
opened at the next public meeting, publicly advertised advisory board
meeting, which we have not opened. And actually that is tonight.
So basically the only action I knew that we were directed to do
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was to advertise it to see if there was any interest and just open the bid.
It wasn't accepting anything or moving forward except for to advertise
and see what type of interest there was.
CRA CHAIRWOMAN FIALA: Commissioner Nance, would
you like to tell us what your --
COMMISSIONER NANCE: I would like to hear what the other
commissioners think about it. And if there's not the will to do that, I
will withdraw my request for a reconsideration.
CHAIRMAN HENNING: Well, I'm confused what we're doing.
Because I'm hearing that a previous item, the contract was rejected or
something like that? So the old item --
COMMISSIONER HILLER: No, the previous item the contract
was approved with Commissioner Fiala, Coyle and Nance approving
it. And now at this meeting Commissioner Nance is back with a
request for reconsideration because he voted in the majority and he
would like to, you know, withdraw his support on that contract.
MR. KLATZKOW: The previous item was to authorize staff--
COMMISSIONER COYLE: Wait a minute --
COMMISSIONER HILLER: To put it out to bid, right.
COMMISSIONER COYLE: That's correct.
MS. JOURDAN: That was it, yeah.
CHAIRMAN HENNING: You guys, you're just going to confuse
me even more --
COMMISSIONER HILLER: Well, it's the same.
CHAIRMAN HENNING: -- I'm going to --
COMMISSIONER HILLER: To get a contract. Not to approve
the contract but to go out to bid.
COMMISSIONER COYLE: Correct.
MS. JOURDAN: Correct, no contract approval was made.
I had come to ask if the Board wanted me to bring a contract. We
had been given a contract on the property. I came before the Board
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and said did you want for the Board to bring that contract. And at that
point it was said no, to go out and advertise, which I did. So there's no
contract approval whatsoever.
CRA CHAIRWOMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Jean, was there any stipulation by
the Board as to what could be developed on that property? Because I
heard an interview with Penny Taylor where she had concerns with
respect to what might be developed there and the problems possibly
with parking and other issues like that. So I don't recall if the Board
had put stipulations as to what could be built when they put it out to
bid.
MS. JOURDAN: No, it basically stipulated what the zoning was
and what could be put there, which would be an MUP. An MUP
would allow for many different uses, ranging from C-1 to C-3 in
residential uses. But whatever someone would come to the Board
with, the Board does not have to approve any of it, just to be looked at.
They would have to bring -- prior to bringing any contract it was my
understanding from Board direction that they wanted to see, you know,
renderings, they wanted information. And before anything would even
be brought back for the Board to consider, they would have all that
information, we would gather all that information.
COMMISSIONER HILLER: Leo, can you help me on that? I
mean, I just want to be sure that what Jean is saying is true. Because, I
mean, if it's approved for zoning within, you know, C, did you say --
C-1 to C-3?
MS. JOURDAN: Currently the underlining zoning is C-4. So
currently right now anyone who purchases the property could develop
in conformance with the C-4 zoning.
COMMISSIONER HILLER: Up to C-4.
MS. JOURDAN: Or pursuant to the Gateway overlay which
allows MUPs, which allows for a mixture of residential and
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commercial. But in an MUP you can only utilize C-1 through C-3
commercial uses.
COMMISSIONER HILLER: I think the concern, Commissioner
Nance, was -- and I'm remembering the discussion that Commissioner
Henning and I had at that time, if my memory serves me correctly, that
we don't really know what's going to be developed on that. And this is
really part of a master plan and, you know, the goal is to gentrify that
neighborhood and make it better. And so we didn't want to put it out
to bid before we had properly developed what that greater vision was
going to be. So it wasn't any -- it wasn't the lack of desire to sell it but
rather to make sure that we had it properly zoned. Because once it's
zoned, as you properly say, Jean, they can come in and they can do it
and we can't object to it if it falls within the four corners of that zoning.
CRA CHAIRWOMAN FIALA: Let me jump in here, if I may.
When this all was first discussed before it was even starting to be
purchased they realized that this is a very difficult location to get in
and out of. And because of parking situations it's even more difficult.
And it's difficult to have businesses. They wanted to have one
coordinated effort throughout the whole triangle.
And so the CRA, one of their first efforts was to buy up some of
that land to be able to control rather than have what you have now, a
collision place and a used car sales and truck rental. I mean, it would
never make for a focal point, an entry point. And what we're trying to
do is reinvigorate that area, we're trying to change how it's received
right now into something that is so much better. And so we had to
have at least six units in there to be a decision-maker in what happens
further. We could not get the first two properties in the triangle to be --
who would even give us a bid that was reasonable. So we went about
buying those. And then of course no sooner did we buy them and we
were in the right direction when the market went down the toilet and
everything just sat there and continued to deteriorate.
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We've got a plan in place now. We've -- I think Jean and her staff
have very carefully planned this out for anybody who would come into
the office, making sure that the parking would be within the property.
You know, drive in off Commercial and right in back there you can
have all the parking you please. You can have the parking garage right
underneath there. And to have maybe a walking community so that
you have retail down on the bottom possibly and just sidewalks along
there, no parking along that area. And then to have some type of a
hotel. Say maybe it would have to be a graduated hotel so you don't
come up with too huge of a project but maybe a five-story project.
And you have a restaurant that's right at the entrance to the triangle so
that when you sit there and have your steak dinner in the restaurant you
can look over into the City of Naples and watch the sunset. I think it
would be the most sought after place in the whole county to have
dinner. And a really nice hotel.
It can't be right up next to the point of the triangle because you
need to have some kind of an entry feature. You need to have
landscaping and so forth. It needs to be everything that we need it to
be to set the tone for what's coming on behind it.
COMMISSIONER HILLER: I agree with you.
CRA CHAIRWOMAN FIALA: I've talked to these people who
have this bid on there, and I've seen their plan, their preliminary plan.
And this is what they were planning on doing. They even went so far
as to finally, I don't know how they ever managed to do this, get a
contract on the two entry point pieces of land. So now you've got a
whole contiguous area so that they can move forward.
I think this is an opportunity. It's been like pulling teeth to get
other people to bid on it. Because you have to remember, this is not
the prize piece of property like others, and it's -- it needs a lot of work.
COMMISSIONER HILLER: And in that contract, Jeff, that we
would put together, if we do award this bid, can we put in restrictions
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as Commissioner Fiala is describing to ensure, or would that be
deemed contract zoning?
MR. KLATZKOW: No, the whole point of community
redevelopment is community redevelopment so you have far more
tools to work with.
COMMISSIONER HILLER: So do we have the legal latitude to
put stipulations in that contract to ensure that this developer, if we give
him the bid on this land, will do what Commissioner Fiala wants?
Because what she says makes sense, but we just need the guarantees
and we also need protection that if he doesn't do it that we have
recourse.
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: So you can ensure that we're both
protected on the recourse basis and on the stipulation side?
MR. KLATZKOW: If he's unwilling to agree to that, you can
reject the proposal.
MS. JOURDAN: May I interject? Because we're not to that
point yet. The only thing that we were given direction to do was to
advertise and accept a bid. That's --
COMMISSIONER HILLER: You did.
MS. JOURDAN: Not actually accept it but to open it.
No, that would be the Board who has to accept it. All we can do
is open it and bring it to you.
COMMISSIONER HILLER: No, I understand that we're the
only ones who can accept it. But my point is have you opened the bid
MS. JOURDAN: No.
COMMISSIONER HILLER: -- and received bids?
MS. JOURDAN: I received one bid, I had three inquiries, and
sent out information to three different companies. I received one
actual sealed bid which was scheduled to be opened tonight at the
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advisory board meeting during a public meeting. But that was it. No
contracts, gives them no guaranties.
COMMISSIONER HILLER: And we have the --
MS. JOURDAN: Nothing at this point.
COMMISSIONER HILLER: -- ability to give that.
MS. JOURDAN: Oh, most definitely, yes, yes. That was all it
was for.
COMMISSIONER HILLER: If we have the ability to reject the
bid, Commissioner Nance, why would we consider it at this point?
COMMISSIONER HENNING: You better get ahold of your
meeting. The court reporter can't --
COMMISSIONER NANCE: I will tell you why. The reason that
I requested the reconsideration is that I don't think we properly did our
homework in preparing this property to be let out for bid. And I think
that's validated by the fact that we only got one bid. That is not a
competitive way to sell a piece of property that belongs to the citizens.
When you get one bid -- we could open that up tomorrow, it could be
up for a dollar. And I realize we don't have to accept it. That's fine.
But what I did not want to do was I thought better of my decision. I
voted in the majority with Commissioner Fiala and Commissioner
Coyle because I do want the CRA to be successful and I want to see
the maximum public benefit to the taxpayers that paid for this piece of
property. I want to see them get a fair price back and I want to see the
maximum public benefit for the development of that property.
And I think in our exuberance that we had somebody interested
that we didn't properly prepare the property for the bidding process.
And I think we're going to find out -- if you want to open it, go ahead.
I think you're going to find out that the bid is not going to be
acceptable and it's going to condemn the property once again. I didn't
really want to see that happen, because I actually think a lot more of
that property than a lot of people do. Everybody says it's hard to sell.
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In a booming real estate market it might not be too darn hard to sell.
Because I think it's actually got some unique features that have a lot of
value. And if we properly prepared it, we would get more benefit to
the public and get what everybody wants too.
I'm very greedy when it comes to getting maximum benefit to the
public. And that's why I put the reconsideration in. I just thought we
were premature. Maybe it's too far down the road. Everybody thinks
we just ought to pop the bid open and then pass judgment. But that's
why I put the reconsideration in there.
MS. JOURDAN: One more thing. It's always been policy that
the CRA Board had given us direction that we had to put a minimum
bid of at least the appraised value so we have a recent appraisal, and
the minimum bid was the appraised value. It wasn't just --
COMMISSIONER HILLER: And what is that?
MS. JOURDAN: The appraised value was $5.2 million. We
currently have tenants in there now which are relocating. Because
even -- there has been a plan in place for years, and even all of the
tenants in their lease agreements that they've had for years has said that
the property is scheduled to be sold and is in the redevelopment plan as
a catalyst project. So it has been something thought out for years, have
been in the makings for years.
And now the tenants, we actually have one who is moving out.
Another one who had just bought who has a contract on the property
and they're going to be speaking today. So we are losing our tenants
from those properties because they know one of these days it is going
to be redeveloped.
CRA CHAIRWOMAN FIALA: Okay, thank you. And you can
just stay there for a minute because we shall call on our speakers.
MR. MILLER: Your first public speaker is John Brugger. He'll
be followed by Joe Formica.
CRA CHAIRWOMAN FIALA: John Brugger?
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MR. MILLER: Okay. Brugger, I think.
MR. BRUGGER: John Brugger. I'm an attorney with Forsyth
and Brugger down on Fifth Avenue in Naples.
We've been dealing with the CRA Advisory Board for several
years. I represent Auto Pride Collision Center, who has been
occupying the Bob Taylor location there and has developed quite a
thriving business.
We've been aware that the business is going to be required to
move. We attempted to deal with the CRA Advisory Board and come
up with a proposal to redevelop the property, put in a bid. But they
just -- they didn't want -- no matter how we skewed it they didn't want
a collision repair facility operating that location.
Unfortunately we need a C-5 property that's a couple acres of
size, and it's very difficult to find a suitable location. We're asking that
whatever proposal comes forward, that the existing tenant's given a
person of time in order to find that facility and maintain his
employment with local employees.
I'll let Mr. Formica who owns the business here speak further on
it.
MR. FORMICA: Good afternoon. My name is Joe Formica. I'm
actually the owner of Auto Pride Collision Center. We've been
operating in Collier County for about 14 years now. We actually like
that triangle piece, it's been very successful for us. But we understand
that progress and redevelopment is important.
We do have a couple sites that we're looking at now that we really
can relocate, but it's going to be a grounds up. We have to build the
facility. And because of our equipment infrastructure is a little more
complicated just finding a building. We have spray booths and fire
suppression things that we have to incorporate that.
So all we're asking is implement a time for us to construct a new
building, which could be up to maybe 24 months. We think we might
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be able to get it in 16, maybe 18 months. So we're just asking for your
consideration so we can continue operating in Collier County. And
we've got 30 employees, we want to keep them employed. Thank you.
CRA CHAIRWOMAN FIALA: Thank you. Next speaker?
MR. MILLER: Your next speaker is Anthony Fortino. He'll be
followed by Burt Saunders.
MR. FORTINO: Good afternoon, Commissioners. I appreciate
the opportunity and for my firm and I to put a proposal in, which we've
done, to the CRA.
I guess Commissioner Fiala described it the best. I mean, our
intent when we started studying this property, I got real excited over it
and started looking at not only your site but the adjoining contiguous
sites that we were successful in tying up two of those properties. We
all understand that it's a blighted area in need of redevelopment and
that's why we're here. We continue our interest. We hope that we will
be successful in obtaining ownership to the property. And all these
uses in C-4 District is what we're looking to obtain. Certainly mixed
use residential, retail on the ground floor. We'd like to do hotel. I have
a very successful partner of mine that owns and operates 46 hotels
throughout the State of Florida. He's very excited about putting a nice
high-end hotel use there.
Certainly would love to put a rooftop restaurant, which all the
residents and tourists that come to Naples would never forget that
experience, because that's what we're looking to do. So we're certainly
looking to make this a successful project.
When we put in our conceptual drawing on the original 5.27
acres, again conceptual, we wanted to keep it loose, we now have
control of the corner site which is the Union Motors property, which is
basically an eyesore to that site of the triangle. We also have under our
control 1.66, former Burger King site, which is basically a vacant
property. Not so attractive. Added with your 5.72 acres, we'll have
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about seven and a half acres to redevelop and make something really
spectacular there.
We continue our efforts to, you know, increase our land
development. Talking to, you know, a couple of other owners there in
the area, and hopefully we'll be successful in that is venture as well.
So hopefully you'll afford us the opportunity to move forward and
we can all be successful in our endeavors. Thank you.
MR. MILLER: Your final speaker on this item is Burt Saunders.
MR. OCHS: I don't see him here.
CRA CHAIRWOMAN FIALA: Looks like he's gone. Okay,
fine, thank you very much. Sony you missed out, Burt.
Do you have any comments to wind this up?
MS. JOURDAN: No, just here if anyone has any questions.
CRA CHAIRWOMAN FIALA: I'd like to make a motion, even
though I understand what you feel, Commissioner Nance, but I would
like to make a motion to deny.
Is there second?
COMMISSIONER COYLE: I second the motion.
And let me try to clarify the issue here. The motion for
reconsideration is based on an item that has already been superseded
by events. If you have a proposal that is sealed in an envelope right
now, what are you going to do? Are you not going to open it? Are
you going to forget about the advertisement? That's not the way to get
a partner to develop this property in a way we want it done.
There is ample opportunity for us to open that proposal, find out
what it says and go through the process of evaluation over the next
several weeks or months if necessary to make sure that we are
proceeding in the direction we want to go.
Now let me try to explain why it is impossible to have this
development drawn out in fine detail before you get some proposals
about what to do with it. And a perfect example is you would have
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one type of development if you could not acquire those two properties
at the very point of the mini-triangle. Those two commercial
properties there would dramatically diminish the quality of any
development that you place behind it. But if you can in some way get
control of that property and it can all be developed with a common
theme in a way that meets the needs of the people who live in that area
and who have funded this thing from their property taxes -- remember,
this is a community redevelopment project. If we get a proposal and
design that meets our specifications and then we can review it as we go
through the process, that serves the interest of the taxpayers far better
than delaying a decision and trying to create our own vision of
something without understanding or appreciating the economic
implications of that.
So having someone that we can proceed down the road with to
come up with an effective approach is a very, very good thing to do.
Because we have opportunities for decision-making that every point of
that process. This property will have to be rezoned. So we can take
that in consideration, that the zoning approval will have to come back
to the Board and we will see what is going to be done there. And it
will unfold over time, and that is the best way to get really quality
product before we have to make a final decision to proceed.
CRA CHAIRWOMAN FIALA: Right.
COMMISSIONER COYLE: You know, the business about
reconsideration would have been timely if there was a way it could
have been done earlier, but it didn't. And events have overtaken that.
Let's proceed with this advertisement and the sealed bid. Let's open it
and find out what it says. It will come to the Board of County
Commissioners and we'll debate it and we'll decide whether it's good
or bad and whether or not we need to go out again. But let's proceed
through the process; it's already been started.
CRA CHAIRWOMAN FIALA: Thank you. And --
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September 9, 2014
COMMISSIONER NANCE: Madam Chair, I agree with
Commissioner Coyle and I'd like to withdraw my request for
reconsideration.
CRA CHAIRWOMAN FIALA: Bless you, my son.
COMMISSIONER HILLER: I would have voted with them. He
saw that coming.
COMMISSIONER NANCE: Commissioner Coyle is exactly
right --
COMMISSIONER HILLER: He is.
COMMISSIONER NANCE: -- it's been overtaken by events. I
did not know actually coming into this meeting that we had a sealed
bid that was ready to be opened. So it's my bad and I apologize to the
Board for being uninformed on my item.
CRA CHAIRWOMAN FIALA: That's all right. You wouldn't
have known that anyway.
And you know, this now sends a good message. And we're right
now in the prime of wanting to redevelop an economic development
here, and I think it would have sent a bad message if we would have
reconsidered. So I applaud you all for a great decision. I thank you
very much.
And with that, the CRA meeting is closed.
COMMISSIONER HENNING: Well, we still need to vote on the
item.
COMMISSIONER COYLE: You took a vote?
COMMISSIONER FIALA: No, he pulled it.
MR. KLATZKOW: He withdrew.
COMMISSIONER COYLE: Okay, got it.
COMMISSIONER HENNING: The agenda was approved by the
Board with that item on there, so we need to vote on the removal of
that item.
COMMISSIONER NANCE: I make a motion to remove my
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item from the agenda.
CRA CHAIRWOMAN FIALA: Second.
COMMISSIONER HILLER: Third.
COMMISSIONER HENNING: So this was -- this could be
voted on by the Board of Commissioners, not the CRA, because it is a
Board meeting, correct?
MR. KLATZKOW: No, it's still CRA.
CRA CHAIRWOMAN FIALA: Okay, open it back up. Make
that motion again?
COMMISSIONER NANCE: Madam Chair, I make a motion to
remove my item from the CRA agenda.
COMMISSIONER HILLER: Second.
CRA CHAIRWOMAN FIALA: Okay, and the second from
Commissioner Hiller.
Any further discussion?
(No response.)
CRA CHAIRWOMAN FIALA: All in favor, signify by saying
aye.
COMMISSIONER HILLER: Aye.
CRA CHAIRWOMAN FIALA: Aye.
COMMISSIONER NANCE: Aye.
CRA CHAIRWOMAN FIALA: Opposed, like sign.
COMMISSIONER HENNING: Aye.
CRA CHAIRWOMAN FIALA: One opposition.
COMMISSIONER HENNING: Just because it took so damn
long.
MR. OCHS: Mr. Chairman, would you like to take a brief break
for the court reporter now or do you want to move on to something
else and take a break --
CRA CHAIRWOMAN FIALA: I didn't close the CRA. Excuse.
MR. OCHS: I'm sorry, m'am.
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September 9, 2014
CRA CHAIRWOMAN FIALA: CRA meeting is closed.
Okay, go ahead.
CHAIRMAN HENNING: We've got some control issues up
here.
Cherie', do you want to take a break or can you go do some more?
THE COURT REPORTER: I can keep going.
CHAIRMAN HENNING: Okay, next item. What do you want
to do?
MR. OCHS: I think that takes us to Item 6.A on your agenda, sir,
unless you want to go to your advertised public hearing, 9.A.
CHAIRMAN HENNING: No. You know, we got more public
comment people that's going to spill over. I'm kind of-- I'd like to hear
what all these fine folks with signs need to say.
COMMISSIONER HILLER: We talked about 10.D also when
we set the agenda that --
CHAIRMAN HENNING: So let's go to public comments.
MR. OCHS: Public comment or public petition?
CHAIRMAN HENNING: Comments.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Public comments on general topics -- actually it's
public comments on general topics not on the current or future agenda.
That item is Item 7.
MR. MILLER: Yes, sir, we have 20 registered public speakers
for public comment.
CHAIRMAN HENNING: Now, Jeff, we have a public petition
for the Board to take action under public comments. Do these people
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comment on the item under public petition? The way I read it is no,
because it's on the agenda. Those people wanting to talk about Homer
Helter's item should come back another day, correct?
MR. KLATZKOW: We don't take public comment on public
petitions.
CHAIRMAN HENNING: I know, but under public comment,
it's about commenting on items not on the agenda; is that correct?
MR. KLATZKOW: That's correct.
CHAIRMAN HENNING: Okay. Homer Helter's public petition
is on the agenda and I know there are people here that want to
comment on that item under public comment. They need to refrain
from or come back another day to, you know, meet our rules.
So if you have a comment under, you know, waving signs under
Homer Helter's public petition, you can waive and come back another
day and say your peace.
So go ahead and start calling them up.
MR. MILLER: Yes, sir, Mr. Chairman. If they've indicated sign
holders, do you want me to read their name and have them waive, or
how do you want me --
CHAIRMAN HENNING: Yes.
MR. MILLER: Okay, my first registered public speaker is Frank
Cummings. Mr. Cummings, are you here?
MEMBERS OF THE AUDIENCE: I'll be speaking for Mr.
Cummings.
MR. MILLER: Is this about sign holding?
MEMBERS OF THE AUDIENCE: No.
MR. MILLER: That's Chairman's prerogative.
CHAIRMAN HENNING: Is he here to waive his time to you?
MEMBERS OF THE AUDIENCE: No.
CHAIRMAN HENNING: Well, we're not going to allow that.
Next speaker?
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MR. MILLER: Oh, okay, I'm sorry.
CHAIRMAN HENNING: You're signed up to speak already.
CHAIRMAN HENNING: Your next speaker is Barry Nicholls.
He's registered to speak about sign holding.
MR. NICHOLLS: I want to speak about the sign holding. I
understand you're not going to let me speak. We've got disabled
people who sat here all afternoon that are being put out of work on this
issue. We should get a chance to talk. You all have wasted all
afternoon BS'g about this pissing --
CHAIRMAN HENNING: Okay, that's enough, sir. That's
enough.
MR. MILLER: Denise Duzick? I don't believe she's any longer
here. I don't see her.
Okay, Jennifer Hecker has been ceded additional time from
Caitlin Weber. And I see her here. And from Gladys -- I'm not going
to try to say your name, last name. Gladys that works at The
Conservancy.
So she would have a total of nine minutes public comment.
MS. HECKER: Thank you. And good afternoon,
Commissioners. Jennifer Hecker on behalf of The Conservancy of
Southwest Florida and our more than 5,000 members.
I am here today to comment on the earlier presentations. I know
there was a comment on presentations, but we want to comment on an
item not on the agenda today, which was the potential withdrawal of
the county's petition on the Hogan well, which of course now you have
taken action on, but it was not on the agenda so we had planned to
make comments on that. And we would still like to go ahead and
provide our comments.
So in handling this as a public process, the public has had three
major requests throughout this whole ongoing issue with how that
Hogan well violation has been handled by the DEP and what we've
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been asking at the county. The first thing that we had always asked the
county is that this be handled in a public process where the public
could participate and provide input.
However, today we were not given the opportunity to comment or
respond to the presentations which contradicted the extensive technical
and scientific information and evidence that we provided to you today.
And despite one of those presentations being from a consultant
that was retained by an entity with a direct financial interest in this
issue while we and our experts did not have the opportunity to provide
such information.
The public expects that commissioners may not always agree with
them but also expects the commissioners will at least allow and --
CHAIRMAN HENNING: Jennifer.
MS. HECKER: -- consider their input --
CHAIRMAN HENNING: Jennifer.
MS. HECKER: -- definitely not purposely precluding their
information --
CHAIRMAN HENNING: Jennifer. Please stop for just a
minute. Sony to interrupt you. We're getting some feedback here and I
can't understand what you're saying.
So Jeff, you want to take your friend outside.
COMMISSIONER FIALA: And Cherie' needs you to speak a
little more slowly. She can't keep up with you.
MS. HECKER: Okay. So I'm sorry, I was just trying to get to the
end of a sentence.
CHAIRMAN HENNING: No, that's fine. Go ahead.
MS. HECKER: My sentences are a bit long.
CHAIRMAN HENNING: Please continue.
MS. HECKER: I'll just start at the beginning of the last sentence.
The public expects commissioners may not always agree with
them but also expects commissioners will at least allow and consider
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their input, definitely not purposefully precluding any information or
comment from the public before taking action.
Our second primary quest has been that the DEP -- that the
county insists that DEP in itself obtain and rely on information
provided by technical experts who have or have been retained by
entities with no direct financial interest in this issue.
However, today the decision was clearly relying on information
that was based on a consultant that was retained by an entity who has a
direct financial interest in this issue.
Our third request to the county was to hold DEP accountable to
get legally binding commitments to address all three potential
pathways for contamination of Collier County's drinking. One, the
Hogan well itself; two, the improperly plugged boreholes; and three,
the flowback.
The Conservancy has provided you additional information to
detail the costs and the sequential actions necessary to address in each
of these to getting the minimal additional safeguards needed to address
each. The first would be a deeper groundwater monitoring well near
the Hogan well at the bottom of the USDW. We did hear about that
today; two, to get the sampling plug and abandonment of boreholes 86
and 103; and three, to get legal commitments to thoroughly investigate
and address potential improper treatment and disposal of the flowback.
However, the county withdrew its petition seeking these today for
a verbal commitment to only do one of three, which is the 1,850 deep
groundwater monitoring well and other issues that were not outlined in
its petition.
While we understand that often pending litigation can be avoided
with settlement, and we have tried tirelessly to assist the county in
getting the minimal assurances from DEP necessary to protect Collier
County's drinking water and to justify the withdrawal of its petition,
we were deeply disappointed today that the county has decided to
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withdraw without getting these minimal necessary safeguards and
commitments, in our view.
We also understand that (sic) the need for legislation and to create
proper laws and regulations. However, this was the county's
opportunity to get the current violation handled properly, setting a
better precedent and expectations for future drilling activities in Collier
County and throughout the state.
We've learned a lot over the break, and we wanted to share with
you what we've learned out of hundreds of pages of additional public
documents that we've been able to obtain. This included information
about the boreholes.
DEP did not mention that they have now released a study that
they themselves conducted in the Nineties which says explicitly that
boreholes 86 and 103 in their own study are inadequately plugged. It
has a list of wells and 86 and 103 are on that list, on the list, the
priority list to be addressed. And that list is titled Inadequately
Plugged Wells.
They mentioned how they inspected those wells. They mentioned
that well 86, that they had only inspected from the surface. Obviously
one cannot determine, but they relied on the records, as did we, and we
have tried to take those records to create some illustrations, which we
have tried to provide to each of you and emailed again yesterday,
which outline exactly why these are improperly plugged.
Yes, they were plugged in the late Forties, and they were intended
to be replugged in the Fifties with when the casing -- I know there was
a lot of mention about casings in these wells. The casing was removed
from these two wells.
So the plugging that was supposed to occur when that casing was
removed was supposed to be done in 1953. We have all the records of
what was intended both in the late Forties and 1950's. What those
records illustrate, and no one disputes this at this point, we've spoken
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with DEP and with the Colliers and no one disputes that the records
show that these are not plugged per current legal standards.
Now, this is important, because the legal standards have
obviously a scientific and technical justification. The state can't
require things for which there's no rational basis or scientific basis.
The legal standards require that there be a half-inch steel cap at
the surface and a 100-foot surface plug, and also a 400-foot plug at the
base of the USDW. This is to cap essentially the top of the aquifers
that Collier relies on for drinking water as well as the bottom to
essentially seal both ends to prevent contamination coming in from
above or underneath.
Neither of these plugs are present in either well.
So even though there are some plugs very deep in these wells,
those plugs do not serve the same purpose or provide the protections
necessary to Collier County to ensure that its groundwater is not being
contaminated as a result of these improperly plugged boreholes. And
since the DEP permitted a production well and an injection well within
a mile of these boreholes, these are now at a higher risk to Collier's
drinking water than ever before.
As we know at the production well there were incredibly toxic
chemicals used, including several known carcinogens. We not only
have that now, at the beginning of-- before break we provided you a
list that Hughes had provided DEP of those chemicals. But now we've
actually been able to obtain analyses of samples that were taken of the
flowback, which confirm that those carcinogens were in fact used in
high quantities at unsafe levels.
So we are concerned that this is still a threat. It's a threat not only
based on what has already occurred, but what could occur if Hughes is
successful in challenging the revocation of this permit and they
succeed, there could be continued production at this well. They
invested over $9 million to dig and create this well. They're not going
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to simply walk away from it. They're fighting legally to regain those
permits. And if they are successful, then we could have continued
activities at a well that's less than a mile away from these two holes
which if improperly plugged can serve as straws.
A lot was talked about how fluids move and that they only move
downward. That's not true. And our technical experts unfortunately
were not able to provide comment from their expertise to explain why,
but I'll try my best to synthesize it.
Generally you think of gravity going downstream, downhill. But
when you're dealing with fresh water injected into a saltwater aquifer,
it's bouyant. It will want to move upwards. And you're also dealing
with pressure. And pressure causes fluids to move in other directions
than just down. It can move sideways, it can move upwards.
So there's our concern with the fact that we weren't dealing with
natural conditions here, we were dealing with unnatural conditions
from a very unnatural process. These extreme extraction techniques
are not the old-fashioned vertical drilling that we're accustomed to in
Collier County. And we need to set the bar correctly with how we
handle this violation to ensure that we set the expectations and
hopefully frame this issue for the larger oil and gas industry properly.
So we would ask you all to consider providing additional
direction to the County Attorney that he work closely with The
Conservancy in drafting a letter to the DEP that outlines all the specific
commitments that you heard today. And we had been trying to get
information from the DEP in writing as to what it was planning to
present today. They had conveyed additional things that they'd be
willing to do that they did not mention.
I think it would behoove the county to work closely with The
Conservancy to get all of that hammered out in writing and submit it to
DEP and ask them to sign that and have that before the county
withdraws. Because once you withdraw you essentially will no longer
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have the window of opportunity to get these additional assessment and
remediation actions on this.
And I see my time has run but I thought I had extended time.
Does that reflect that?
MR. MILLER: You have nine minutes. I paused when they
asked you to stop.
I had one other person registered from The Conservancy, but it
did not note that they ceded time to you. Was that the case? Rob
Moher?
MS. HECKER: Yes, he is separate.
MR. MILLER: He is separate?
MS. HECKER: Right.
MR. MILLER: Your nine minutes has run.
MS. HECKER: Okay, thank you.
Your next speaker is Rob Moher. And he will be followed by Dr.
Karen Dwyer.
MR. MOHER: Thank you. Rob Moher, President and CEO of
The Conservancy of Southwest Florida.
I think Jennifer has covered a lot of the technical points for the
Board, but I guess I'd just like to reiterate a few things in this public
process.
The Conservancy as you know has been working diligently on
this issue for over a year. It's invested thousands of dollars, has
consulted with numerous experts at our own cost in order to help
advance the best science, the best technology to support the county and
the residents of the county protecting our groundwater resources.
Today's proceeding is really a violation of the public trust. I find
it very disheartening that the Board would bring a motion forward
procedurally without a notice of action. These are supposed to be
presentations, not action voted on where the public has no opportunity
to comment before you make your vote.
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Commissioner Hiller, you cited the presence of The Conservancy
staff in the audience, but neither The Conservancy nor its technical
experts were able to make any comments. We had very one-sided
presentations with no opportunity to refute with our own evidence.
This is very contrary to previous Commissioners and your own
statements of wanting to have this in the public light with public
dialogue, with meaningful public input, not after the fact.
Today's presentation does not make me feel relieved and I don't
think should make any of you feel relieved. There are significant
distortions and omissions in the consultant's presentation. A consultant
paid for by an interested party with a financial stake and these resource
extractions, Collier Enterprises.
The opportunity to protect and the responsibility to protect our
resources is a shared responsibility. One of your -- you
Commissioners mentioned this.
But I think the county shouldn't abandon all of its own efforts to
control drilling methods and locations through certain tools such as
conditional use permits, for example. The DEP can put forth a strong
recommendation to the legislature, but are we going to trust the Florida
legislature to protect the Collier County's groundwater drinking
resources? I just think that's a trust that we shouldn't put forward. I
think the best opportunity was to challenge and secure the necessary
legally meaningful enforcements that you were seeking through your
challenge to the consent agreement. And I don't think today's
presentations should have changed any of our minds about those facts.
So moving forward, I only hope that future decisions regarding
the issue of oil drilling, seisemic testing in Southwest Florida, we
know that there's a lot more on the horizon, are taken with continued
public transparency and meaningful public participation. We did not
have that opportunity today, and we're disappointed for that fact. But
we appreciate the time to register our comments at this point.
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CHAIRMAN HENNING: Rob, obviously this is an issue that
has been on the Board's agenda today. And public comments are
strictly on items that have not -- that are not on the agenda.
Now The Conservancy I understand is petitioning the Board at a
future meeting to take action; is that correct?
MR. MOHER: Well, we have been intervening in support of the
county, but you have withdrawn your --
CHAIRMAN HENNING: That isn't my question. And you know
what? You know --
MS. HECKER: I can answer that.
CHAIRMAN HENNING: -- talking to both of you, I never can
get my answer.
MS. HECKER: I was going to answer. He was unaware.
MR. MOHER: We're going to come --
CHAIRMAN HENNING: Leo, is The Conservancy petitioning
the Board of Commissioners to take action at a future meeting? Do
you know?
MR. OCHS: I do not know, sir.
MS. HECKER: We submitted a public petition request for this
meeting, and we were denied the opportunity to present.
CHAIRMAN HENNING: Yeah, and it's my understanding it
was late. So are you still going to want to petition the Board?
MS. HECKER: I think that what we're asking now, given the fact
that you've gone forward and taken action, is if you all would consider
the County Attorney working with The Conservancy's legal and
technical experts to --
CHAIRMAN HENNING: Are you going to do that --
MS. HECKER: -- try to collaborate --
CHAIRMAN HENNING: You're going to resubmit --
MS. HECKER: -- in getting things to address our mutual
petition, since we had filed a petition in support of the county which
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reflected the county's petition. We would like to work with the county
to try to draft something to present to DEP to iron out in writing the
commitments that DEP will be providing in exchange for the county's
withdrawal.
CHAIRMAN HENNING: Are you going to petition the Board to
do so?
MS. HECKER: We had wanted to, but that was -- but we didn't
CHAIRMAN HENNING: No, are, not --
MS. HECKER: But I am now asking that.
CHAIRMAN HENNING: You are going to.
MS. HECKER: I'm asking now if that would be a possibility for
the Commission to consider.
CHAIRMAN HENNING: Would you submit a public petition?
MS. HECKER: Another one? Because we had submitted one.
CHAIRMAN HENNING: Yes, and it did not meet the time
frame to get on this agenda. So are you going to put it on for the next
agenda? Will you put it on the next agenda?
MS. HECKER: Well, it wouldn't be timely at the next agenda for
us to be requesting that. So given that we were not expecting the
county to take action since that was not on the agenda today for the
county to take action --
CHAIRMAN HENNING: Well, you know what? You're wrong.
You can and we can change.
The only reason I'm asking is the Board's rules, and it's been
established, is public comment are on items that are not on the Board's
agenda. Both of you have addressed items on the agenda that was a
presentation. So we can't continue having this because we already
made that decision, we're not going to allow others to do the same
thing. So that's the reason my asking. I didn't get an answer, that's
fine, we'll deal with it another time.
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MS. HECKER: We would like to come at a future meeting and
give a presentation on other oil activities and oil legislation that you all
might be interested in knowing more about --
CHAIRMAN HENNING: Oh, you want us to take action?
MS. HECKER: -- on the larger issue of oil drilling in Collier
County.
CHAIRMAN HENNING: You want us to take action?
MS. HECKER: It would be similar to what Collier Resources
offered in an informational presentation. And just as they were
afforded that opportunity to provide that type of information, we would
be willing to provide that.
CHAIRMAN HENNING: Let's not waste our staffs time.
Maybe you and I can have a dialogue --
MS. HECKER: Okay.
CHAIRMAN HENNING: -- because you're not answering my
questions. Thank you. Thank you.
So with that being said, if there's any public speakers to talk about
items on today's agenda, we can't do it, okay.
Does everybody understand that?
MEMBER OF THE AUDIENCE: No. No. We've been waiting
here all day to do it.
CHAIRMAN HENNING: Then are you talking about the
presentation on today's agenda? I'll just ask everybody. Do you have
any comments on today's presentation, Ms. Dwyer?
MS. DWYER: I do.
CHAIRMAN HENNING: Okay. Well, then let's do it another
day.
Next speaker?
MS. DWYER: But the question is.
MEMBER OF THE AUDIENCE: When?
MS. DWYER: -- it's on the agenda that it's always been that you
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can -- that's when your time is to come present comments is when it's
on the agenda item. So I'm quite confused about, you know, if we just
come and speak about an issue that no one's even brought up, it seems
nonsensical all of a sudden, because this is what we've been doing for
the past year. Whenever oil is on the agenda, then we come to listen
and then usually we get an opportunity to comment. Sometimes it's
three minutes, sometimes it's two, and sometimes it's early, sometimes
it's late.
CHAIRMAN HENNING: Well, let me just say that
presentations, there's no public comment. There never has been.
MS. DWYER: But you took action today on it.
CHAIRMAN HENNING: We're not going to have a dialogue
here.
The public comment section, and I'll read it again, or it will be
read again.
MS. DWYER: I could probably say what I have to say quicker.
MR. OCHS: Sir, Item 7 on your agenda --
MS. DWYER: I mean with all respect.
CHAIRMAN HENNING: Public comments on general topics
not on the current or future agenda.
MEMBER OF THE AUDIENCE: Just because it's been done
wrong doesn't mean you have to do it wrong again.
MS. DWYER: So I guess just to make it straight so that we don't
all keep coming again and again and then not being allowed to speak,
when can we speak about anything then? When it's absolutely not
being discussed and no one's talking about?
MR. KLATZKOW: I am coming back at the next meeting on
executive summary dealing with Hughes --
CHAIRMAN HENNING: Hang on.
MR. KLATZKOW: -- dealing with Hughes and whether or not
we should be joining in the state.
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CHAIRMAN HENNING: Correct.
MR. KLATZKOW: All these comments can be brought up then,
each and every one of them.
CHAIRMAN HENNING: Right. Okay? Is that -- that answers
your question.
MEMBER OF THE AUDIENCE: No.
MS. DWYER: Well, I still am wondering --
MR. KLATZKOW: Or we can hear it twice.
CHAIRMAN HENNING: Or you can hear it twice. And that's
the purpose of this, so we don't --
MS. DWYER: We never say the same thing twice.
CHAIRMAN HENNING: So does anybody want to speak on
anything under public comments that is not on today's agenda?
AUDIENCE: I do.
MEMBER OF THE AUDIENCE: I want to speak on public
comment on the Florida Sunshine Law.
CHAIRMAN HENNING: So go ahead and stand up, please
stand up, the ones that raised their hand, and Troy will start calling
names. When he calls your name, the ones who stand up come to the
podium and then let's hopefully that you keep to your word that it's
nothing that was on today's agenda.
MR. MILLER: Dr. Karen Dwyer.
Dr. Jonathan Dwyer.
David B. Goldstein.
Matthew Schwartz.
MEMBER OF THE AUDIENCE: David's here.
CHAIRMAN HENNING: I know he's here, but he didn't stand
up. He wants to talk about something -- sir?
MR. MILLER: Matthew Schwartz.
Dona Knapp.
CHAIRMAN HENNING: You want to talk about things on the
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agenda?
MEMBER OF THE AUDIENCE: No. Not on the agenda.
CHAIRMAN HENNING: Dona Knapp?
MS. KNAPP: No, I'm not talking about anything on the agenda.
CHAIRMAN HENNING: I'm really confused. People are
popping up that wasn't standing up prior. Who wants to speak on
agenda items that are not on the agenda, please stand up.
AUDIENCE: I do.
MEMBER OF THE AUDIENCE: I want to talk about how
unfair this is. That's not on the agenda.
MEMBER OF THE AUDIENCE: I want to talk about how
America is supposed to be a democracy and it's not. You've proven it
here.
MR. KLATZKOW: You have the opportunity to speak on this at
the next meeting.
CHAIRMAN HENNING: Yeah, this is being addressed at the
next meeting.
MEMBER OF THE AUDIENCE: This is not on the agenda.
MR. MILLER: Mr. Chairman, most all of these slips do have the
subject matter written. And I can tell you, Dr. Karen Dwyer is oil, Dr.
John Dwyer is oil. David Goldstein is sign holders. Matthew
Schwartz is --
CHAIRMAN HENNING: Sign holders?
MR. MILLER: Yes.
CHAIRMAN HENNING: Well, let's hear him.
COMMISSIONER FIALA: Sign holders?
CHAIRMAN HENNING: Oh, sign holders. I thought you said
sunny holders.
MR. MILLER: Blue Schwartz. He's not listed but I think it's
sign holders as well.
CHAIRMAN HENNING: Let's call him up and ask them if he
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wants to talk about --
MR. MILLER: Matthew Schwartz, do you wish to discuss
something that's not on the agenda.
MEMBER OF THE AUDIENCE: He's not here.
MR. MILLER: Dona Knapp. She has not listed a topic.
CHAIRMAN HENNING: You have three minutes, thank you.
MS. KNAPP: I'd like to -- well, I was going to commend you
Commissioners on staying on top of things and suing DEP, making
them accountable for their shameful actions. They defended the oil
company Dan A. Hughes for months and months, knowing all the time
that they had violated and they had pumped chemicals down into our
groundwater. This is very serious. This is a really serious matter.
And I thought that we could -- I thought we could trust you all. I
thought you were here for the people. You're here to service. We pay
your salaries. You're our public servants and we trusted you to take
care of these matters and you haven't. I quite honestly feel we've all
been pushed to the curve, sold down the river so to speak.
It's not just a question of fracking and drilling, it's a question of
the water that is used for these things. And NASA has just --
CHAIRMAN HENNING: Next speaker, please.
MS. KNAPP: -- come out last month with a new program --
CHAIRMAN HENNING: Step away from the --
MR. KLATZKOW: Ma'am?
MS. KNAPP: -- call the Grace Program where they have
photography --
CHAIRMAN HENNING: Would you step away from the
podium, please.
MS. KNAPP: Pardon?
CHAIRMAN HENNING: Step away from the podium, please.
MS. KNAPP: Why?
MR. KLATZKOW: This is not productive. This is not the point
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of a public meeting. We're coming back at the next meeting. You can
have a full discussion of these very same issues. I mean, this might be
the third or fourth time we're going through this. The same thing I'm
hearing over and over and over again, all right.
I understand you're not happy. But there is -- the point of public
comment is for stuff that's not on the agenda.
CHAIRMAN HENNING: Okay, next --
MR. MILLER: Your next registered speaker was Jaime Duran
who wanted to speak about oil. Pamela Duran --
MS. KNAPP: My voting will be reflected --
MR. MILLER: -- wanted to speak about oil.
MS. KNAPP: -- in your denial for us to speak.
MR. MILLER: Kim Ross does not have a topic listed.
Do you want to speak about oil or sign holders?
MS. ROSS: Well, I want to speak about fracking.
MR. MILLER: That's on the agenda today.
MEMBER OF THE AUDIENCE: I drove six hours to be here.
MS. KNAPP: I sat here all day.
MR. MILLER: Joseph -- Jenny, excuse me.
MS. KNAPP: I want to talk about the way my daughter was born
with Mercury poisoning from the water from years ago.
CHAIRMAN HENNING: Would you please remove this person
from the room, please.
MR. MILLER: Joseph Jenny. No topic listed.
Laura Tooley, oil drilling.
Patti Whitehead, oil drilling.
MS. WHITEHEAD: No, sir. Different topic. I'm going to talk
about public comment under Florida Sunshine Laws.
All right. So I am going to read into the record. This is from the
Attorney General's website. Pam Bondi. Government in the Sunshine,
the manual for government in the Sunshine and -- let me get to my
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point here. Importance of public participation. The courts of this state
and the Attorney General's Office have recognized the importance of
public participation and open meetings. See AGO 04-53 and cases
cited at footnote six --
THE COURT REPORTER: Could you please slow down?
MS. ROSS: I'm sorry. I'll go slower.
See AGO 04-53 and cases cited at footnote six.
In Evergreen, the Tree Treasurers of Charlotte County versus
Charlotte County Board of County Commissioners, the Court held that
a county development review committee was subject to the Sunshine
Law and should have allowed public comment before making its
decision on a project.
THE COURT REPORTER: You are still going too fast.
MS. ROSS: Sure.
In the case Evergreen, the Tree Treasurers of Charlotte County,
Inc. versus Charlotte County Board of County Commissioners, the
court held that a county development review committee was subject to
the Sunshine Law and should have allowed public comment before
making its decision on a project. Providing that in a quasi judicial
proceeding on local government land use matters, a person who
appears before the decision-making body who is not a party or party
intervener shall be allowed to testify before the decision-making body
subject to control by the decision-making body. However, the
Supreme Court has indicated that there may not be a right under
5286.011 Florida statute for a member of the public to participate in all
meetings. See Wood versus Marsden in which the court in reviewing
the activities of committee carrying out executive functions
traditionally conducted without public input stated this court
recognizes the necessity for the free exchange of ideas and academic
forums without fear of government reprisal to foster deep thought and
intellectual growth. We hasten to reassure respondents that nothing in
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this decision --
COMMISSIONER FIALA: Slower.
MS. ROSS: -- gives the public the right to be -- we hasten to
reassure respondents that nothing in this decision gives the public the
right to be more than spectators.
The bottom line is, is that you have decided on something quasi
judicial or legislative today. So therefore I think it supersedes what the
Supreme Court's decision was and should have allowed public
comment prior to reaching that decision.
That concludes my comments, thank you.
CHAIRMAN HENNING: Thank you.
Jeff? Was anything that we -- the presentation, was that quasi
judicial? I didn't give --
MR. KLATZKOW: No, it's not quasi judicial.
CHAIRMAN HENNING: Okay. Next speaker?
MR. MILLER: I have Patti Whitehead, who's registered to speak
about oil.
CHAIRMAN HENNING: Next speaker.
MR. MILLER: Marcia Cravens, who was registered to speak
about oil.
CHAIRMAN HENNING: Next speaker.
MR. MILLER: And David Ortiz, who was also registered to
speak about oil.
MR. ORTIZ: I won't speak about oil.
MR. MILLER: Okay.
MS. CRAVENS: Marcia Cravens. And I'm speaking as a
representative of the Sierra Club Calusa Group and National Sierra
Club which we all speak with one voice. And I'll frame this as being
comments about the denial of The Conservancy's petition to present
today.
And I would just support recommendations that The Conservancy
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had intended to make today for multi-tiered testing and assessment not
only of the Collier-Hogan well but also the two wells that blanket,
being well number 86 and well number 103.
And I would just ask three questions. How well informed are you
on actual impacts, including contamination of potable waters in
communities of other states?
Two: Don't you think that other local and state governments were
given assurances, even given reports by landowners and oil companies
involved in oil extraction that it's not possible that chemicals injected
underground couldn't possibly contaminate surface and groundwater
by moving up gradient or outwardly from the well sites?
And three: Isn't it incumbent on you to acknowledge that
injection of toxic chemicals for extraction of oil, including at the
Collier-Hogan well site and its two flanking oil wells, creates a risk to
surface and groundwaters and requires you to take steps to address
those risks?
In closing, I urge you to allow The Conservancy to address you
with their multi-tiered recommendations and urge you that you would
adopt those recommendations and encourage the FDEP to also adopt
them. Thank you.
MR. MILLER: I have listed all the speakers that were registered,
sir, and the topics they wish to speak about.
MR. NICHOLLS: I want to speak about something not on my
sheet.
MEMBER OF THE AUDIENCE: Yes, I'd like to change my
topic.
MR. ORTIZ: I'm not going to talk about oil.
MR. MILLER: Mr. Chairman, I don't know how you want to
handle this.
CHAIRMAN HENNING: Yeah, we got two more speakers, then
we're going to --
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MR. MILLER: Mr. Nicholls. Please.
MR. NICHOLLS: Yes, sir. I'm Barry Nicholls, I've got Paradise
Jewelry here in Naples. I signed up to speak about one topic. I've been
denied.
As Donna Fiala mentioned, just because you've done something
before doesn't mean you have to do it again. The rule is wrong. You
all need to change it. If we have to come back and talk about a given
subject two weeks later, it's no longer relevant. When it's relevant is
when the petition is on the agenda. To bring it up later is dividing your
attention, dividing our efforts.
We all came down here and spent all day and we listened to you
guys go on and on and on. Okay, fair enough. But you don't want to
listen to us?
I was denied a petition today. I put in my request for a petition
weeks ago and was denied because someone else was going to be
speaking on the subject. So I said okay. They told me, sign -- they
told me sign up to speak during the public comments. I did, and now
I'm being denied. It's not right.
CHAIRMAN HENNING: Thank you.
MR. MILLER: And Mr. Ortiz.
MR. ORTIZ: Hello. My name is Didier Ortiz and I want to
speak on the failure of democracy that has just occurred in the last 15
minutes.
When you have people walking out of your room in disgust and
in destain, you have -- there has been a failure of democracy. The
reality is that yeah, maybe you have, you know, bylaws and you have
some rules to keep order. I understand that completely. But if your
rules and bylaws are not in accordance to the convenience of the
citizenry which you're supposed to represent, then there is a failure of
democracy there.
So at this point I'm simply going to ask you to reconsider your
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bylaws, your rules, whatever procedures you have implemented today
and simply scrap those. Because you can't have a democracy where
somebody cannot speak about something that's on the agenda. Doesn't
make sense.
So a decision's being made, I can't speak on it? That's it? That's a
huge issue. I think everybody in this room should be completely and
(applause) thoroughly upset and devastated by what has happened
today.
I understand there's rules, I understand there's order. But then
there's also convenience and then there's also censorship. And what has
happened today was censorship.
COMMISSIONER HILLER: And I will tell you, I feel the same
way as you. Because when I was trying to make my presentation
which, by the way, Mr. Nicholls, was a very important issue because
we were talking about in effect what would amount to about a $3
million contract, I will tell you, I was censored. And I was blocked
and I was stopped. And I don't think that's right.
And the Board in the past has tried to do that to me, just like
they've tried to do it to you. I'm the voice for people who are not here.
I should have the right to speak as well, just like you. So I agree with
you. But I'm saying that from the dais.
CHAIRMAN HENNING: Thank you, sir.
Okay --
MEMBER OF THE AUDIENCE: Point of information.
CHAIRMAN HENNING: Public comment --
MEMBER OF THE AUDIENCE: Excuse me, I wanted --
CHAIRMAN HENNING: No, no, we're going to continue on.
We're going to continue on.
Public petitions is an opportunity to hear somebody ask to take
certain action. We don't take that certain action at that time. That is --
could be potential direction to staff to bring back for a future meeting.
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MEMBER OF THE AUDIENCE: May I ask a question?
CHAIRMAN HENNING: And that time on that particular item
that we can hear public comments on that particular item.
Now, as far as these two issues, we've been hearing it over and
over and over. It's been discussed at every meeting. It's not that -- and
Mr. Klatzkow said we're going to be discussing it at the next meeting.
So it's not an issue -- you just don't like what the Board is doing. I get
that.
So we're going to move on to, what is it, 6.A?
MR. OCHS: Yes, sir.
Did you want to take a break?
CHAIRMAN HENNING: We're all done with public comments.
MR. OCHS: No, with your court reporter, sir. Should we --
CHAIRMAN HENNING: We're going to take a 10-minute
break. Thank you.
(Recess.)
CHAIRMAN HENNING: Everybody take their seat please.
We're going to go to 6.A. Leo?
Item #6A
PUBLIC PETITION REQUEST FROM HOMER HELTER
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS ALLOW SMALL BUSINESSES TO UTILIZE
SIGN HOLDERS - MOTION FOR THE COUNTY ATTORNEY
TO WORK WITH CODE ENFORCEMENT AND BRING BACK
RECOMMENDATION OR OPTIONS REGARDING SIGN
HOLDING IN A PUBLIC RIGHT-OF-WAY AT A FUTURE
BOARD MEETING — APPROVED
MR. OCHS: Yes, sir, Mr. Chairman. Item 6.A is a public petition
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request from Homer Helter, requesting that the Board of County
Commissioners allow small businesses to utilize sign holders.
CHAIRMAN HENNING: Mr. Helter, I want to interrupt you. I
still want you to give your public petition, but first of all I'd like to give
direction to the County Attorney to work with Code Enforcement to
look at our ordinance and make recommendations to the Board of
Commissioners on sign holding on public right-of-way at a future
meeting.
Okay, is there a second to that motion?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Seconded by Commissioner Fiala.
Go ahead.
MR. HELTER: Okay. Good afternoon, Commissioners. I'm
Homer Helter. And good afternoon, Leo. Good afternoon.
I got to tell you, my store's at 5510 Shirley Street. The reason I'm
telling you that, I want everybody in here to come and visit my store.
What we have there is a secondary location. And you'll find out a
lot of people that have sign holders either have a secondary location
which means they're not out on Pine Ridge Road or 41 or something
like that. Or they're in a strip center and they're buried in a strip center
like Barry Nicholls' store is on the corner.
What we have is a big metal building, it's 12,000 square foot. If it
was out on 41 somewhere or Pine Ridge Road, I wouldn't need a sign
holder. It's a big store, you could see it. But I don't. I'm on a
secondary location. And here's what we do. The building itself is a big
'ol metal building. It will never ever be on the cover of Gulfshore Life
Magazine. But once you get them in the store, once you come in the
store we have 50 antique dealers and then we have the big military
store in the back. And we have a really unsophisticated marketing
program. Probably in season we get all the tourists, there's people in
there that can speak three or four languages at any time. We get to --
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we have the friendliest store I think anywhere. And we dwell on
customer service. And we ask people, hey, how did you hear about
us? And a lot of them will say your sign holder. That's why I have a
sign holder. I wouldn't spend the money, I wouldn't do it if it wasn't
paying off. So that's why I do that.
So we did it for years. And all of a sudden one day somebody
said you can't have a sign holder no more. And I didn't listen to that.
But anyway, a few days after that somehow I asked Jeff Wright for a
copy of the rules. What can you do? How can I be a sign holder?
What's the rules that lets me have a sign holder?
Well, he sent me this thing, 76-42-21. And you read it and you
don't even know what it means. So I said to him, this is no good, I
need a sheet of paper that tells me what I can do. Well, he come up to
the store. Anyway, we became -- I've got to tell you, Jeff I think is a
fair guy and he has commonsense.
So we sit down and we worked at my store a couple times. I've
been down to the Code Enforcement building. And we worked a thing
out where probably on one sheet of paper you can do three things.
What the sign holder -- and I'm not going to go into detail, but I'm
going to tell you, should a sign holder have an orange vest on or a
safety vest? Yeah, I think so.
Number two, the sign itself. There's no really any regulations on
the sign.
And three: The location where the sign can be held.
Now, I asked Jeff why we have all this trouble right now. And I
guess one of the commissioners was worried about the people, the
pedestrians having a right-of-way on the sidewalks.
Well, most of the time on the sidewalks the sign holder's not on
there much. They're either in the grass or in the dirt because it's hard
on their feet, legs and back to have a sign and be on that hard concrete
all the time.
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But I asked Jeff, I said, well, let me ask you something. Do you
really -- and I'm just speaking for Pine Ridge Road now. Do you think
you have more people walking down Pine Ridge Road or bicycles
going 15 miles an hour? I said, let me ask you, is bicycles legal on the
sidewalk? He said he didn't know.
So he went back and he checked it. And you know what? They
are. Bicycles are allowed on the sidewalks. The only caveat is they
have to give the pedestrians the right-of-way.
So I believe if a bicycle is allowed on the sidewalks, surely a
person holding a sign could be on there.
The other thing we talked about was signs are ugly. Every time I
redo my sign, and it's a couple times a year, I think I'm going to have a
better sign this time and it still isn't up to snuff to me. Maybe if we
went to a color scheme, maybe if every sign was red, white and blue,
something like that, maybe they would be more inviting. I don't know.
But I can tell you that a sign holder to me is important. We've
had this discussion with Jeff and he's got some ideas. And I think you
should hear them. And we've worked on them together.
And I got to tell you, the folks back here, from Barry, Barry and I
are buddies but he don't like my take of making a deal. And I'll tell
you the reason why he don't, or one of the reasons. I hate to spend
money. But for the Code Enforcement, the county to have some
control, I think every business should have a permit, a yearly permit to
have a sign holder. Maybe it cost a couple hundred bucks, I don't
know. It's just an idea. That way whenever a person wants to have a
sign holder and they fill the form out, they give the 200 bucks or
whatever it is, they get one sheet of paper and this is what you can do.
It makes sense. It doesn't have to go into a big bunch of foo-foo. You
can read it and do it.
Now, it's all up to you what you want to do. I'd rather try to come
up with something and try to make it work than have a war that's
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coming down the road. I don't want to have no wars to have a sign
holder out there. Let's just try to make a deal. Remember that boy --
I've been here since 8:30 this morning. I need a nap.
Remember that boy singing this morning what he said about the --
COMMISSIONER HILLER: Don't say that. You were going to
take me out dancing tonight. Actually maybe you do need a nap.
MR. HELTER: Okay, okay.
CHAIRMAN HENNING: I think that we would pay you to take
her when you leave this room.
MEMBER OF THE AUDIENCE: He's married.
COMMISSIONER HILLER: That's okay.
MR. HELTER: Anyway do I have any time left?
CHAIRMAN HENNING: Yes.
MR. HELTER: Could I let the ACLU lawyer -- now, he doesn't
believe in me either what I just said to you. But could I give the rest of
my time to him?
CHAIRMAN HENNING: No.
MR. HELTER: Okay. Are you guys allowed to ask me a
question or not?
CHAIRMAN HENNING: Yeah, is there any questions for Mr.
Helter?
Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Just a fast comment.
You know, one of the things that I think would really be
beneficial to businesses, and this might not apply to you but maybe to
many others, they don't have an address on them. Ever try to find a
business and you know where you want to go except you're looking for
the address and they have no addresses to be found. That's aggravating.
MR. HELTER: Oh, I have an address hanging that says free
donuts.
CHAIRMAN HENNING: Commissioner Hiller, then
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Commissioner Nance.
COMMISSIONER HILLER: So Homer, if I understand, what
you would like is for this Board to approve bringing this issue forward
on a future agenda --
MR. HELTER: Right.
COMMISSIONER HILLER: -- to discuss this and --
MR. HELTER: Exactly.
COMMISSIONER HILLER: -- see if we could impose some
reasonable regulation to allow for these type of signs being held, while
at the same time making sure it's done in a safe and tasteful way.
MR. HELTER: And Code Enforcement would still know -- or
county, you would know who had sign -- what businesses had sign
orders, you'd still have control.
COMMISSIONER HILLER: And you do understand there might
be some on the Board who feel that we should not allow that for a
number of different reasons.
MR. HELTER: Well, you're going to have a fight.
COMMISSIONER HILLER: I understand. But I'm just saying --
MR. HELTER: And Miss, let me tell you, I really try and not to
do one. And I know these folks back here and the ones who are back
there really don't agree with everything. But if it comes down to it, I'll
be in their foxhole. That's it.
COMMISSIONER HILLER: And still take me dancing?
MR. HELTER: Oh, absolutely.
COMMISSIONER HILLER: Okay, so I'd like to make a motion.
CHAIRMAN HENNING: A different topic. I already made --
there's already a motion on the floor.
COMMISSIONER HILLER: What's the motion?
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER HILLER: Who made a motion?
CHAIRMAN HENNING: I did.
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September 9, 2014
COMMISSIONER HILLER: What did you say?
CHAIRMAN HENNING: I said direct the County Attorney to
work with Code Enforcement to bring this item back and make
recommendations to the Board.
COMMISSIONER HILLER: Okay. Then I'll second.
CHAIRMAN HENNING: No, you can't.
COMMISSIONER HILLER: Why?
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER HILLER: Why can I not second it?
CHAIRMAN HENNING: It's already seconded.
COMMISSIONER HILLER: Who seconded? Who did?
CHAIRMAN HENNING: Commissioner Fiala.
COMMISSIONER HILLER: Did you? Where was I?
CHAIRMAN HENNING: This is the reason why our meetings
are so long, okay.
MR. HELTER: Well, I feel a little better. You know, I thought I
had a disadvantage, because I've been here since 8:30 this morning and
there's been great speakers, guys with great suits, they've got slide
presentations, they've got three-ring binders full of notes. I don't even
have any notes, and everything I got on I bought at Beall's at half price.
And then you guys seem mad to me.
COMMISSIONER NANCE: Thanks for hanging in there,
Homer. I support the discussion of the agenda item. I think there's
compelling reasons why we can do something thoughtful. I don't think
it's an epidemic or a blight on our community. If it was any of those
things in the recession, we would have had 20,000 sign holders out
there and we really didn't so --
MR. HELTER: Thank you. Thank you so much.
COMMISSIONER NANCE: Thanks for your thoughts. We look
forward to talking with you. Sony you had to wait so long.
COMMISSIONER HILLER: Can you call the question, please.
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CHAIRMAN HENNING: Commissioner Coyle, are you there
with us?
(No response.)
MR. MILLER: I don't think so.
CHAIRMAN HENNING: Okay, 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 #10D
RECOMMENDATION TO NAME THE PAVILION AT THE
ROVER RUN DOG PARK, LOCATED WITHIN VETERANS
COMMUNITY PARK, IN MEMORY OF STEPHEN A. DUZICK —
APPROVED
MR. OCHS: Mr. Chairman, that takes you to Item 10.D, which
was set to be heard immediately after the public petition. That is a
recommendation to name the Pavilion at the Rover Run Dog Park
located within Veterans Community Park in memory of Steven A.
Duzick. And Commissioner Hiller brought this item forward.
(Chairman Henning left the Boardroom.)
COMMISSIONER HILLER: Yeah. And you all remember
Steven Duzick. He was a sign holder and he was unfortunately hit by a
drunk driver and died.
And I read the article in the Naples Daily News that addressed --
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and I don't read the Naples Daily News. I actually have to take that
back. I was told about the article in the Naples Daily News that his
sister had tried so hard to put together a petition but was so depressed
over his death that she couldn't get it done. And that petition was to
name a feature in Rover Run Park after her brother.
So I'm going to read this statement and then I'm going to make a
motion.
And the statement of Denise Duzick, brother of Steven is as
follows: I'm here today in part because of my brother Steven that was
a sign holder on Pine Ridge Road who was killed over two years ago
while holding his sign. Steven was so much more than a sign holder.
He was a brother, uncle, godfather, cousin and friend.
I'm also here to thank the Commission for naming the Pavilion at
Rover Run in his honor. The thing that Steven loved about the dog
park was the people and of course the dogs. Although people were
sometimes unkind to Steven because of his differences, the animals
loved him unconditionally, just like this community did.
Your actions today as Commissioners epitomize the heart and
sole of this community that was so generous in spirit to my brother.
Steven -- I'm going to start crying. Steven will live on through the dog
park but he should not have died. There is no business, advertisement
or job that is worth endangering the life of anyone. I ask the
Commission to please consider the safety and well-being of all of our
citizens and thank you again for remembering my brother Steven.
So with that --
COMMISSIONER FIALA: Second the motion.
COMMISSIONER HILLER: Thank you. And that motion being
that we name the Pavilion at Rover Run Park in Steven Duzick's
memory.
VICE CHAIRMAN NANCE: Any further discussion?
(No response.)
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September 9, 2014
COMMISSIONER NANCE: I fully endorse it.
Any further discussion, Commissioner Fiala?
COMMISSIONER FIALA: No.
VICE CHAIRMAN NANCE: Hearing none, all those in favor,
signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
VICE CHAIRMAN NANCE: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN NANCE: Unanimously approved. Thank
you so much for bringing it forth. I think it's very thoughtful.
COMMISSIONER HILLER: Thank you. And County Manager,
you'll take care of getting the sign put up on a plaque?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: However you want to do it.
MR. OCHS: We'll work it out.
VICE CHAIRMAN NANCE: Mr. Ochs, the next item, please,
sir.
Item #9A
ADOPTION OF AN ORDINANCE ESTABLISHING THE FALLS
OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT
(CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES
- MOTION TO DENY BASED ON FACTOR #4 OF THE
EXECUTIVE SUMMARY — APPROVED
MR. OCHS: Yes, sir, Mr. Vice Chair, this is advertised public
hearing, Item 9.A.
As we mentioned at the start of the meeting, this item does
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require ex parte disclosure from the Board, and all that are
participating are going to be required to be sworn in. It's a
recommendation to consider adoption of an ordinance establishing the
Falls of Portofino Community Development District pursuant to
Section 190.005 Florida Statutes.
And it would be appropriate to do ex parte at this point.
VICE CHAIRMAN NANCE: All those wanting to testify in this
item, please rise to be sworn in.
(All speakers were duly sworn.)
(Chairman Henning enters Boardroom.)
VICE CHAIRMAN NANCE: Thank you.
Ex parte disclosure. Commissioner Fiala -- oh, Commissioner
Henning, you're back at the helm, sir. Ex parte.
COMMISSIONER FIALA: Thank you. Yes, ex parte on Item
9.A. I met with George Shapiro and that was it. I just read some -- I
talked with staff just a little bit about this as well. But please let me
just say that when you asked for ex parte at the beginning of the
meeting, I didn't have my stuff here. But my assistant helped me, but
there were a couple others and I better put them on the record so it --
CHAIRMAN HENNING: Would you do that now please.
COMMISSIONER FIALA: Okay, thank you very much.
16.A.7 I had meetings, correspondence and emails and update
with staff. With 16.A 19, I had updates from staff and correspondence.
From 16.A 14 and 16.A.17, both of them I had meetings,
correspondence, emails, and updates with staff. And finally, on 17.0 I
had staff report. Thank you.
CHAIRMAN HENNING: I had -- my ex parte communication is
I spoke to staff on this issue.
Commissioner Hiller.
COMMISSIONER HILLER: No ex parte.
CHAIRMAN HENNING: Commissioner Nance?
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September 9, 2014
COMMISSIONER NANCE: Yes, I likewise had some limited
discussions with staff. And I also have had a meeting with Mr.
Shapiro from the Prime Group on this item. Nothing else.
CHAIRMAN HENNING: All right, is there any public speakers
on this item?
MR. MILLER: I have no registered public speakers for this item,
sir.
CHAIRMAN HENNING: So we're not taking any registered
speakers on this item since the item has already started, according to
our rules.
And the petitioner presents first and then staff will present.
MR. SHAPIRO: Good afternoon. I'm George Shapiro
representing Prime Group. I'm here to talk about the Portofino Falls.
It's a beautiful community right here in Naples.
And unfortunately when the market took a turn a few years ago it
got stuck. We started building Portofino Falls in 2003. 2006 we had
sold every single home, but when -- again as we were building and we
built 118 out of over 250 units, 246 units, people walked away.
Unfortunately that was the reality of the conditions at that time.
A lot of owners and a lot of developers also walked away from
their projects. And we made a choice not to do that, from any project
that we are involved in.
We are a three generation family company. All of our projects are
called Portofino something, so there's a brand recognition to it. And
our name stays with it and it's important to us that everybody
recognizes that we meet our promises. And we've maintained the
community. Like I said, it -- not exactly halfway, 118 out of 246, but
we have a big portion of the community that was not built. Most
owners walked away. There's only 50 owners in the community. And
out of those, about half are investors, true investors, not people that
buy thinking that they're going to sell later, but true investors meaning
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they bought multiple units and we actually manage the lot for them.
You know, we're leasing those units that did not sell. So the units all
remain empty.
We've had to deal with vandalism, we've had to deal with all
kinds of problems. And through it we've maintained the place, we've
kept it looking good. But it needs to look better. It needs
improvements in order to restart sales.
We are ready and able to restart construction. We would love to
create new jobs, but unfortunately the financing is not there yet. At
some point it will come back, but right now it's not possible.
So we are requesting the CDD, which this was a community that
was planned to be a CDD from the beginning, so it's been a little
disjointed moving forward because of the lack of the CDD. And if we
were able to get the CDD approved now, we'd be able to start
financing with that the new construction and moving forward.
Now, just like not everybody likes an HOA, some people like
absolute freedom and to do whatever they want where they live, all the
people do like HOAs and like the idea of having somebody cut their
grass for them. Some people like condominium associations, some
people would rather live somewhere else.
CDD's are similar to both of those except that there is a much
higher level of scrutiny. They're overseen by the state. The function in
the Sunshine, they're subject -- the board of supervisors is subject to
Sunshine law, just like you guys and any other elected official. They
have to go through the electorate's office in order to run for office and
win a seat.
There's district attorneys and professional managers, you know,
you have HOAs that are simply run by the Board and that's it. CDD's
have to have professional managers that are district managers, and
they're the same kind of folks that run small cities. And they have
district attorneys just like their small cities hire attorneys to do as
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consultants to be their district attorneys.
There's also a district engineer, which of course HOAs and
condominiums lack. Because this is how -- they just don't cut grass.
Actually, they don't really get into that stuff, they get into higher level
stuff. Everything they spend has to be advertised. Their meetings have
to be advertised because they're public hearings in the Sunshine. So
they have to put public ads in the paper and advertise for everybody to
be noticed for them to be able to attend the meetings.
So there's a lot of scrutiny. The state audits the books. The books
are subject to Public Records Law so anybody can go request them. I
live in a condominium, and I've had issues improperly with the board
members at points denying me access to certain records. And I'm sure I
could have sued and won but, you know, who does that?
These managers are professional managers that this is all they do,
they handle CDD districts, just like the folks that are city attorneys and
city managers. And they have to provide you all the records. They're
required by law to keep records in the county that they're functioning
so that you can go over there and get copies of whatever you want.
And that's what I want to emphasize, the high level of scrutiny
that these entities are subject to.
And then they have the advantage that they can, unlike HOAs and
condominiums, that can't just, you know, get financing because these
entities are pseudo-governmental, they can go to the bond market and
sell tax free bonds. Which right now are very marketable. And I just
sold last year about a million or a million and a half worth of bonds
and had no problem selling it. So the financing is available. What we
can't get at the bank right now we would be able to get very quickly
with a bond issuance here and be able to spruce up the landscaping in
the community, fix the things -- you know the old saying, if you don't
use it you lose it. Infrastructure is like that. Some of the infrastructure
has been installed already but it hasn't been used because homes
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weren't built or the home has sat empty. So there's going to be
problems, there's going to be things that need to be fixed.
And then we would like to move forward with a Phase II once we
complete the Phase I. What I've read to you is the Phase I numbers.
This community, Portofino Falls, is part of a PUD where we
started out as one of three or four owners many years ago. And
unfortunately we're the only ones left today. Because again, the sad
market conditions, those were folks that had been part of this
community for a long time, some of them I actually know that had to
move away from Naples because of the economic conditions. And the
folks that have come in now, you know, some of them are national
builders, big companies that bought for pennies on the dollar. And
that's our competition, that's who we have to compete against.
We've been here all along. We've paid our bills, we've
maintained. You know, every time somebody broke one of the lights
in front of the homes, we've replaced it. We've kept up the place.
We're just asking for the CDD to be able to acquire the financing.
We just can't find from banks in today's market which will allow us to
start construction and start -- once you start construction you see
activity, people start coming by, more traffic is generated and sales
will improve. And that's what we want is to finish what we started.
We didn't walk away from it, we're still not going to walk away from
it. But right now not waiting years for the market to come back, we
want to hit it now when it's a little bit starting to move up and start
having homes ready for sale, new homes, and start contributing to the
tax base and to the job base. But we need your help.
And with that, I'd be happy to take any questions.
CHAIRMAN HENNING: Commissioner Hiller I believe has a
question. We'll see.
COMMISSIONER HILLER: If we approve the CDD and you go
to the bond market, basically what you're going to do is pledge the
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stream of individual homeowners who pay you to pay that debt.
Jeff, we have no -- there's no liability to us in any way if there's
any default on these bonds by approving the CDD. I mean, do they --
is it backstopped in any way by the county?
MR. KLATZKOW: We do not backstop these bonds.
COMMISSIONER HILLER: Okay, so there's no backstopping.
So we have no exposure. And this is -- what is really the purpose of
our approval? I mean, I understand that there's a statutory requirement.
But why do we -- why is that requirement there? What's the reason for
it?
MR. KLATZKOW: You need to determine whether or not it's
appropriate to establish a CDD for this particular application. Your
executive summary contains the criteria for you to look at to make that
determination.
COMMISSIONER HILLER: So staff finds it acceptable, Leo, to
create the CDD for the --
CHAIRMAN HENNING: Well, we're going to hear from the
staff after the presenter.
MR. OCHS: Staff recommendation is to approve, Commissioner.
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: And that isn't the correspondence I
received yesterday.
COMMISSIONER HILLER: I didn't receive it. Did you send it
to me? I didn't get any.
CHAIRMAN HENNING: Do you have any other questions,
Commissioner Hiller?
COMMISSIONER HILLER: No, my biggest concern was to
ensure that we have no exposure, that if you do go to the bond market
and if for some reason there's a default that no one has recourse against
the county.
MR. SHAPIRO: There's no recourse against the county. And to
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your second question, the -- my understanding, I'm not a lawyer, I'm an
architect, but I work with CDD's a lot, that's one of my areas of
expertise. And my understanding is that it's as simple as the state
allows through Chapter 190 and other chapters allows taxing
authorities. And we all know Southeast Florida Water Management
District, or Southwest Florida Water, those are authorities, there's
drainage authorities, and they just require the county to approve the
existence of this authority. Because it's an entity that's going to be
taxing, just like you would approve a city. You have to approve that
incorporation.
COMMISSIONER HILLER: The only concern I have is, if my
memory serves me correctly with respect to special taxing authorities,
is that if we as the Board approve it -- and I believe it's the approving
agency -- we then have a responsibility to review your financials and
ensure compliance. I could be wrong about that, but I want to make
sure that that's not the case. I mean, I could be wrong, but I thought
that there was some -- I just want to make sure that, you know, our
responsibility with respect to this ends with this vote.
MR. KLATZKOW: Your responsibility --
COMMISSIONER HILLER: That there's no review, no financial
review, no oversight, no monitoring, that there's nothing we have to do
with respect to this.
MR. KLATZKOW: Your responsibility ends with this vote.
COMMISSIONER HILLER: Okay. I thought it was in 189 --
MR. SHAPIRO: The state does audit the CDD, but not from the
county.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Well, their finances is on our agenda.
There's actually correspondence from all the CDDs into the Board.
And then it's on the future agendas.
COMMISSIONER HILLER: I thought it was in 189 Florida
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Statutes that there was some oversight --
CHAIRMAN HENNING: Do you have any other questions?
COMMISSIONER HILLER: No, just those two things. And I
want to be sure of that.
CHAIRMAN HENNING: I have questions.
What are you going to do with the monies received from a bond?
What infrastructure are you going to put in?
MR. SHAPIRO: Well, the infrastructure is water, sewer, paving,
drainage, some landscaping. And that's going off the top of my head.
I think that's it.
Like everything else with CDDs, what you can spend the bond
money on is very much controlled. There's only things that are
allowed, certain things are allowed, certain things that are not.
CHAIRMAN HENNING: Yes, I'm well aware of that. I'm well
aware of the law, I'm well aware of what they're doing. I want to know
what your -- the intention -- you're petitioning the Board. So you tell
me what you're petitioning for. And you said again is what?
MR. SHAPIRO: Water, sewer, paving, drainage and
landscaping.
CHAIRMAN HENNING: There's existing development on the
property. I know because it's in my district. I drive by it all the time.
There are existing townhouses I believe in there and they have water;
is that correct?
MR. SHAPIRO: They have water and sewer.
CHAIRMAN HENNING: They have water and sewer. They
have drainage there?
MR. SHAPIRO: Sure.
CHAIRMAN HENNING: They have landscaping?
MR. SHAPIRO: Sure.
CHAIRMAN HENNING: So this is for the development that has
not been developed that is in the back that you're going to put in water,
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sewer, drainage, roads, landscaping; is that correct?
MR. SHAPIRO: Also for the Phase I that needs to be completed.
One, the landscaping can be brought up to, you know, a new
community's level. Unfortunately it doesn't look as well as it did on
day one, so we need to spruce it up. There's also repairs are going to
have to be done, because like anything that you don't use, you're going
to have to do some repairs.
CHAIRMAN HENNING: Okay, so you're going to use this
money for the new development primarily. And I understand by your
comments you're going to do away with the HOA.
MR. SHAPIRO: No, no, sir. It's actually condominium. I'm
sorry if I -- I just said HOA as an example, but it's a condominium
association.
CHAIRMAN HENNING: A condominium association has a --
MR. SHAPIRO: With agreements.
CHAIRMAN HENNING: Condomin--
MR. SHAPIRO: They do different things.
CHAIRMAN HENNING: Tell me when you're done so I can ask
my question.
MR. SHAPIRO: I'm done.
CHAIRMAN HENNING: Okay. Is there a homeowners
association now?
MR. SHAPIRO: No, sir.
CHAIRMAN HENNING: There's a condominium association?
MR. SHAPIRO: Correct.
CHAIRMAN HENNING: So the condo owners have an
association.
MR. SHAPIRO: Yes.
CHAIRMAN HENNING: Do they have annual fees?
MR. SHAPIRO: Yes.
CHAIRMAN HENNING: Are those annual fees going away
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when you create the CDD?
MR. SHAPIRO: No, sir.
CHAIRMAN HENNING: Okay. That's what I thought. So
contrary to your statements. HOAs are under the Sunshine, okay.
They don't have to advertise their meeting but they have certain
requirements.
So you're going to have a condo association fee. Let's not call it
an HOA fee, it's a condo association fee. And this new CDD fee is
going to enhance new development.
And I had staff look at it. Approximately 40 percent of the
existing buildings is owned by individuals. Now you're saying -- I
don't know, I'm going to take your word for it. You're saying that
they're investors, they don't live there, they rent it out. Fine. Are they
going to be exempt from paying into this new CDD?
MR. SHAPIRO: They're not.
But may I address also your --
CHAIRMAN HENNING: I want you to address my question.
MR. SHAPIRO: They are not going to be exempt. Everybody
that's acquired a property in the CDD to be area has signed documents
acknowledging that this will be a CDD property and that there will be
an assessment that goes with it.
The assessment that is covered by the CDD is different from the
assessment covered by the condominium. Because one is private, the
other one is public. The private condominium pays for the common
elements for the condominium that are private and they have to
maintain, so that's one expense and that's separate. The CDD will pay
for public improvements that everybody takes a benefit from, and
there's a definition as to what that is, things like water and sewer
piping, and that's not something condominiums can easily do. So the
CDD does the big infrastructure stuff.
CHAIRMAN HENNING: Well, that's something in most cases
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that the developer takes care of. However, there are community
development districts that are created just to do the same thing.
MR. SHAPIRO: Well, the way -- you have two ways of doing it.
The developer can build it and usually the developer always builds it.
But then they get financing from a bank to build it or they can get
financing from a CDD to build it. They're still getting financing, and
somebody eventually has to pay for it. That loan has to come from
somebody, so it's either the bank or the CDD. The CDD doesn't
usually work by itself.
Once -- and this is a great thing about CDDs. Once CDDs are
established, say 20 years from now that the infrastructure needs
upgrading or they want to do something new, and there are examples
of this around the state where CDDs now are deciding you know what,
we want to go out to the bond market and sell new bonds or we're
going to do X, Y and Z. HOAs can't do that. A CDD is able to do that
because they have access to the bond markets.
CHAIRMAN HENNING: Well, I disagree with your comment
because we have a community in Isles of Capri that is getting its own
financing to repair a seawall that was originally developed -- originally
built by the developer. So there's no guaranty that you're going to
discount the sales of these new units that the existing and future units
are going to pay. You know, that's just the way it is.
But anyways, I'm done with my questions. Is there anymore
questions? Commissioner Fiala?
MR. SHAPIRO: Can I respond to the last comment? And
actually both comments. Because I don't like to talk in absolutes.
Nothing's perfect, nobody's great. Not every community is going to be
able to do the same thing, and some HOAs are going to get financing.
That's entirely possible. I'm not saying it's impossible for an HOA to
get financing today. Certainly in 10 years it will be a lot easier than it
is today. Today just things are tougher.
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The difference is that it's not whether you can get financing, it's
that you can get tax free bonds which are a very good rate and are very
-- because their tax fees are very much desired.
In terms of the pricing, the pricing is set the same way that you
price anything that has an HOA. There's two sides in capitalism
whenever you buy or sell anything. I can decide to price my watch for
a million dollars. That doesn't -- if you don't want to buy it for a
million dollars, I'm not going to sell it. So I have to price that what I
can sell.
That happens with HOAs. For example, the developer will sit
down and say okay, it's going to cost me this much to build this house,
I think I can sell it for this. It's going to cost this much to do the
maintenance for the HOA. Put both of those together. This is the type
of level of person that can acquire the house. And that person's either
going to buy it or not buy it. It's their choice. If they don't buy it, then
that developer is not going to be successful.
We are very successful at what we do so we are able to do this.
Then that buyer is going to go to the bank and is going to say bank, I
want a loan. The bank is going to say rule of thumb, we give you
loans for about 30 percent of your income. So if your living expenses
which are the mortgage, the HOA dues, taxes and which includes a
CDD and insurance, if those things add up to more than 30 percent,
we're not going to give you a loan for the house.
So the market is going to adjust itself. We can't just make up
numbers and sell for whatever we want, we have to build a house that
is going to respond to the market.
The acknowledgment is very big on all the sales. I actually
brought here deeds for all of these homeowners I mentioned. And
there's language in here in capital on the deed that says that this is a
CDD.
And then you have documents that this Exhibit A, all of that that
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you see there which is attached to the deed so it's searchable by title
when they subsequently sell, all of that in big capital bold letters, that's
all talking about CDD. And underlined here it says: Collier County,
Naples does not levy these special assessments.
It talks about what we do, that this is not your problem, your deal,
this is a CDD.
And then they sign another exhibit that -- no little fine print here
anywhere, nothing to hide. All it says is what condominium it is on
four lines: I the undersigned, owner of the above described unit
located in the Falls of Portofino community hereby consent to and
support the establishment of the Falls of Portofino community
development district by the Board of County Commissioners of Collier
County.
So none of this is required. The state law requires that above the
signature line there be a disclosure of the CDD. We go above. We do
things right. We go above and beyond to make sure everybody
understands what a CDD is, what it does, so that listen, if you don't
like it, you don't have to buy from us. If you don't like an HOA maybe
you want to go live somewhere else, or you don't like a condominium
you go buy a single-family lot somewhere that doesn't have these
benefits.
But if you're okay with it, then we completely advertise it, we
notify everybody. And it is a great benefit for the homeowners in the
long term because it gives them these abilities that they can do certain
things with HOAs and condos. There's a place for them to --
COMMISSIONER FIALA: Commissioner Henning, do you
mind if I stop him? He's kind of rambling right now.
CHAIRMAN HENNING: He spent a whole bunch of money to
petition the Board.
COMMISSIONER FIALA: What I'd like to hear is from our
staff so that they can reply.
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CHAIRMAN HENNING: Yeah, I agree, Commissioner. But we
need to allow sufficient enough time for the petitioner to complete his
presentation.
COMMISSIONER FIALA: Okay, I'm sorry. I do apologize,
excuse me.
CHAIRMAN HENNING: And I apologize. It's been a long day
and I understand.
And Commissioner Nance I think has a question.
Are you finished?
MR. SHAPIRO: Yes, yes, I'm done.
COMMISSIONER NANCE: Yes, I've just got one question.
And sir, we have some CDDs in Collier County, but I don't think
we have any that are as small as yours. And I don't think there's too
many in Southwest Florida that are this small.
How is it that you're going to be able to administer and conduct a
CDD with less than 500 units and have that pricing be anything that's
really honestly in the public interest? How are you going to
accomplish that? Particularly when you've got something that's
already half built out and has other complexities that you wouldn't
normally have if you started off with a fresh, you know, DRI or
something like we have elsewhere in Collier County.
MR. SHAPIRO: Well, as you know, we submitted a letter to staff
from the -- one of the largest district managers in the state talking
about that very issue, comparing this CDD with many others that are
existing CDDs around the state. And the smallest I think went down to
180 or 189; I'm going off the top of my head. You should have the
letters in your packets. The CDD viability established by the district
manager, the district attorney and the district engineer, they look at
this, they look at the amount of sewer that needs to be installed and,
you know, maybe if you build, you know, a huge pump station or plan
to build a huge pump station that is too big for your community, they
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would say well, you know, that's too expensive --
COMMISSIONER NANCE: I'm aware of that, sir. All I'm
asking you is how do you support -- the minimum number of items
you can have is one. How do you support all of this CDD overhead
with less than 500 units and make it something that makes sense for
people? I mean, I realize you can probably sell them, but is that really
-- is that a good deal? I'm not trying to get in your business but, you
know, we're supposed -- the Board of County Commissioners is
supposed to defend the public interest.
MR. SHAPIRO: Sure. And like I said, many CDDs around this
state are smaller. They function smaller. The overhead is the staffers
and they make their recommendations and there's no -- it's not like a
CDD that has a bunch of employees, not even some HOAs that hire
on-site staff, because they don't do grounds maintenance. That's not
what CDDs do, that's what HOAs and condominiums do. So they're
staffed -- they don't need staffs to do what they do.
So no, it's not an issue. As the letter showed, many other districts
around the states are much, much smaller and this is not a problem for
them, they're functioning perfectly well and distributing these costs
amongst all the homeowners. It's not an issue at all.
COMMISSIONER NANCE: Thank you.
CHAIRMAN HENNING: Okay, can we hear from the staff?
MR. SCHMIDT: Thank you, Commissioners. For the record,
Corby Schmidt with your Comprehensive Planning Department.
You've raised a couple of issues but first of all I'd like to
summarize that in the review from staff, including transportation
planners, the six factors are found to be met.
Now, the issues with size and density comes up and we tried to
address that in our executive summary in our explanation of the six
factors, and we point out that there are other larger CDDs in the
county, but it's not so much the size or the acreage that would make it
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compact or viable but the number of units or the density in the CDD.
By comparison, this CDD would have more than seven units per
acre to support it. Other existing CDDs, the parent Wolf Creek CDD
is about 1.8 net units per acre. In the Hacienda Lakes CDD, just 1.1
net units per acre. And the Falls of Portofino appears to be, and
obviously is, more compact with densities sufficient to function as one
interrelated community. And that's just one of your criteria and that's
what the staff is looking at.
Any other questions?
CHAIRMAN HENNING: No, I think Commissioner Fiala just
has an overall question.
COMMISSIONER FIALA: No, I really have a few comments.
The first one is, one of my fears about a CDD is in the past we
have seen CDDs who happen to tuck under their buying power then
things that really are outside of the community itself. Or they plan to
use the money for something and then they don't carry it through. I'm
very concerned about CDDs and how they're handled and who all has
any say about what all is bought and so forth.
Usually with a CDD they get everybody from the company who
doesn't live there at all and they vote on what expenses are involved.
And they're paid. And then when the people come to pay it they find
out they're paying for things they hadn't thought of. And I'm thinking
of two right in my head right this very minute that would surprise you.
Another thing is I think I heard this gentleman mention that they
have some existing buildings that need to be repaired and fixed up I
guess in order to be presentable again and salable again. I also
understood that things are kind of overgrown and the landscaping
needs to be upgraded and improved to make things again a salable
community; is that correct?
MR. SHAPIRO: On the landscaping, yes. The CDD would not
be --
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CHAIRMAN HENNING: Sir, we'll have to get you on the
microphone. Thank you.
MR. SHAPIRO: I'm sorry about that.
Landscaping, yes, that is an allowable expense. Buildings, no, the
CDD cannot use money to fix buildings or, you know, homes or stuff
like that. That's -- I did not mention that. I did talk about the
landscaping, for example.
COMMISSIONER FIALA: Yeah, you did say something about
fixing and repairing things.
MR. SHAPIRO: Infrastructure. Water, sewer, the roads. The
roads need a second lift. There's, you know, curbs that need to be
fixed, potholes, drains, all that kind of thing.
COMMISSIONER FIALA: Okay. Thank you.
CHAIRMAN HENNING: Thank you.
No other questions before I close the public hearing?
(No response.)
CHAIRMAN HENNING: Okay, I'm going to close the public
hearing.
You're not complete?
MR. SHAPIRO: Well, can I address some of the questions
besides that that --
CHAIRMAN HENNING: No, she made some comments. Do
you want to rebut?
MR. SHAPIRO: If I could.
CHAIRMAN HENNING: Sure.
MR. SHAPIRO: If allowed.
Thank you. No, I just wanted to emphasize on some of these
things that there is plenty of oversight. Bad stuff can happen in HOAs
and condominiums. Bad stuff happens in companies, bad stuff
happens in government. You can't control everything. And you
shouldn't blame the system that was created by the state because there's
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been a couple of bad apples.
And I don't know what examples you're bringing up so I don't
want to say that somebody did something wrong, but these districts are
overseen by managers and by attorneys that stake their license on
doing the right thing. So just like you have a CDD manager or county
manager, there may be a county attorney somewhere that gives bad
advice. But they're staking their license and their opinions, their
professional opinions, on doing the right thing.
There is much more accountability in a CDD than in an HOA
because of the Sunshine laws. And HOAs, you know, they have
records under lock and key. I have to fight them for it. CDD's have
records that are easily accessible.
And in fact the state just passed some laws about the budgets
where they're saying that the budgets are required to be on line, that's
always been the case with CDD's, like governments. But they're
making all these new requirements on how to do it. And CDDs, we're
discussing the CDDs I'm involved with, is how to address this.
So there's mandates from the state as to how to -- what
information to share, how to share it. A lot of oversight. Doesn't mean
that somebody's not going to do something bad. And maybe if
somebody does something bad, somebody will catch up with them
eventually, but there's many other CDDs around the state, they're well
watched, they function well. Very efficient. They provide financing
for the improvements.
Like I said, everything has to be publicly advertised, so just like
the Board here has to put out bids, CDDs have to put out bids for every
service. They can't just decide to give it to somebody, it has to be
advertised.
Again, I can go on forever because I know a lot about CDDs, but
if there's any other questions, please feel free to ask me. But this is a
very secure system, much more secure than the alternatives.
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CHAIRMAN HENNING: Thank you. I'm going to close the
public hearing.
I'm going to make a motion to deny based upon number four,
whether the district is the best alternative available for delivering
community development services and facilities in the area within the
serviced area by the district.
Finding that the community's half built out, there are property
owners that is -- that will pay for future development, future
infrastructure, that they will not in my opinion benefit from HOAs and
CDDs can do maintenance of facilities. Condo associations, HOAs
need and do budget for repairs such as roofs, air conditionings,
maintenance and landscaping, repair and maintenance of landscaping,
stormwater, so on and so forth.
So the best in my opinion of-- for this community, for the
existing landowners that have vertical improvements would be within
the condo association to provide that service and fund that services
through fees.
And we heard testimony that those fees will not go away. And
again, this is about infrastructure needed for future development and
not the existing landowners. So that's my motion.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
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 NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
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CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: It's a complex issue. I'm going to
-- I'm going to vote with the majority but I have to go back and look at
this.
COMMISSIONER FIALA: Say that again? I'm sorry?
COMMISSIONER HILLER: I'm going to vote with the majority.
CHAIRMAN HENNING: Okay, motion carries 4-0.
Next item?
Item #10B
RESOLUTION 2014-178: THE SUBMISSION OF A FLORIDA
HIGHWAY BEAUTIFICATION COUNCIL GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR A MEDIAN IMPROVEMENT
PROJECT INVOLVING A PORTION OF STATE ROAD 951
(COLLIER BLVD.), FROM FIDDLER'S CREEK TO MAINSAIL
DRIVE, IN THE AMOUNT OF $100,000 FOR CONSTRUCTION
INSTALLATION AND $25,000 FOR DESIGN AND INSPECTION
COSTS — ADOPTED
MR. OCHS: Next item, sir, is Item 10.B on your agenda. It's a
recommendation to approve the submission of a Florida Highway
Beautification Council grant application to the Florida Department of
Transportation for a median improvement project involving a portion
of State Road 951 from Fiddler's Creek to Mainsail Drive in the
amount of$100,000 for construction installation, and $25,000 for
design and inspection costs. And this item was placed on the agenda
by Commissioner Fiala.
CHAIRMAN HENNING: Make a motion to approve.
COMMISSIONER FIALA: Second.
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September 9, 2014
CHAIRMAN HENNING: You want to give a brief description
of this item?
COMMISSIONER FIALA: Yes, this is a continuing process as
we apply for grants. We've had to put them in abeyance for a while
because our economy was down, but now we're starting it back up.
We're hoping grant by grant by grant we get the whole road landscaped
some year. This is just the next extension.
CHAIRMAN HENNING: Hopefully our revenues from
increased assessed values will allow us to have the extra money to
maintain it.
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Discussion on the motion.
Commissioner Nance?
COMMISSIONER NANCE: Yes, it's a very short project, only
six-tenths of a mile, but it's got a -- looks like it's got a very nice
selection of native plants, so I will support it because it's been well
thought out in that direction.
CHAIRMAN HENNING: Seeing no further discussion on the
motion, 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 #11B
AN AGREEMENT, CONSERVATION EASEMENT, AND ALL
DOCUMENTS NECESSARY TO GENERATE U.S. FISH AND
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WILDLIFE SERVICE PANTHER HABITAT UNIT MITIGATION
CREDITS FROM COLLIER COUNTY'S CARACARA PRAIRIE
PRESERVE TO MITIGATE FOR PROPOSED IMPACTS TO
PANTHER HABITAT AT COLLIER COUNTY'S RESOURCE
RECOVERY PARK AND TO AUTHORIZE ANY BUDGET
AMENDMENTS NECESSARY TO FUND THE CARACARA
PRAIRIE PRESERVE TRUST FUND IN THE AMOUNT OF
$1,582,800 FOR PERPETUAL ANNUAL MAINTENANCE AT
CARACARA PRAIRIE PRESERVE - MOTION TO APPROVE —
APPROVED
MR. OCHS: Commissioners, that takes us to Item 11.B. It's a
recommendation to approve an agreement, conservation easement, and
all documents necessary generate a U.S. Fish & Wildlife Service
panther habitat unit mitigation credits from Collier County's Caracara
Prairie Preserve to mitigate for proposed impacts to panther habitat and
Collier County's Resource Recovery Park and authorize any necessary
budget amendments.
Ms. Melissa Hennig is here to answer questions or make a
presentation at the Board's pleasure.
CHAIRMAN HENNING: I just have one question. Is this
market rate what we're selling it for, or is it agreed upon previously?
MR. HENNIG: Agreed upon previously. Less than our contract
rate.
CHAIRMAN HENNING: Okay, let me ask a question.
Previously -- I mean, this has come out, Commissioner Nance has
brought it up. Did we not give direction that we need to do this at
market rate?
MR. OCHS: No, I don't remember that direction, sir. We had a
discussion about that, certainly, but I think in the course of the
discussion when we went back to the original discussion on the
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establishment of credits in these holdings on Conservation Collier, the
idea was to establish those for use by other county departments to
reduce our overall project costs. And that's what we've done with this
PHU.
CHAIRMAN HENNING: Okay. Is there any other questions?
(No response.)
CHAIRMAN HENNING: Would you like a presentation or
would you like to make a motion.
COMMISSIONER FIALA: I'll make a motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Fiala.
Is there a second to the motion?
COMMISSIONER NANCE: I'll second it. We've already
discussed this I think adequately.
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.
MR. OCHS: Thank you, Commissioners.
Item #11C
AWARD OF REQUEST FOR PROPOSAL #14-6295 TOURISM
MARKETING AND PROMOTION TO PARADISE
ADVERTISING AND MARKETING, INC.; AUTHORIZE THE
CHAIRMAN TO EXECUTE A CONTRACT WHICH HAS BEEN
REVIEWED AND APPROVED BY THE COUNTY ATTORNEY;
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AND MAKE A FINDING THAT THIS ACTION PROMOTES
TOURISM - MOTION TO APPROVE — APPROVED
MR. OCHS: That takes us to Item 11.C, which is a
recommendation to approve the award of a request for proposal
14-6295 Tourism Marketing and Promotion to Paradise Advertising
and Marketing, Incorporated; authorize the Chair to execute the
contract and improve -- make a finding that this action promotes
tourism.
Mr. Wert is here to either present or answer any questions the
Board may have.
CHAIRMAN HENNING: Questions by the Board?
COMMISSIONER FIALA: No. I make a motion to approve,
being that the TDC unanimously approved it. And I think all of the
selection committee was thrilled with them as well. And they've done
a great job. Look at what happened for us last year thanks to them. I
make a motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Fiala to
approve contract with Paradise Advertising and Marketing. Is there a
second to the motion?
(No response.)
CHAIRMAN HENNING: Well, I have a question, Jack.
MR. WERT: Yes, sir.
CHAIRMAN HENNING: How did the ranking people come out
with the same ranking of all of the perspective contractors? Came out
with the same ranking.
MR. WERT: For the record, Jack Wert, your Tourism Director.
The selection committee did come up with that independently.
They all reviewed the proposals independently of each other, they
came to that meeting in the purchasing department and went through it
and they did all feel the same about it.
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I was not present at the meeting and I did not serve on that
committee, so I'm not totally aware. But they all, according to the --
all of the transcript of that meeting, they unanimously felt the same
about each of the firms that had -- all the five firms that had sent in an
RFP proposal.
CHAIRMAN HENNING: And you and your staff never made
any contact with the selection committee members? I mean, that is a
real anomaly that something like that could happen. You know, I felt
that this process was needed and needed to go out to bid. Advertised --
Paradise Advertising was the best according to the rankers. And again,
I'm surprised by the ranking, but it is what it is, so I'll second
Commissioner Fiala's motion.
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 NANCE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Motion carries 3-1, Commissioner
Hiller dissenting.
MR. WERT: Thank you, Commissioners.
Item #11D
FINANCING AND EXPENDITURES ASSOCIATED WITH THE
PURCHASE AND RENOVATION OF 1 .84 IMPROVED ACRES
ON ENTERPRISE AVENUE FOR THE SUPERVISOR OF
ELECTIONS OFFICE, AT A COST NOT TO EXCEED $5,522,770
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AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT
- MOTION TO APPROVE - APPROVED
MR. OCHS: Commissioners, 11.D is a recommendation to
approve the financing and expenditures associated with the purchase
and renovation of 1.84 improved acres on Enterprise Avenue for the
Supervisor of Elections' Office at a cost not to exceed $5,522,770, and
authorize the necessary budget amendments. Ms. Len Price, your
Administrative Services Administrator, is here to present or answer
individual questions from the Board.
CHAIRMAN HENNING: Isn't this the one that Commissioner
Coyle wanted to participate in?
MR. OCHS: I believe he had an interest in this, sir, but I don't
know if he's --
MR. DURHAM: I just left a voice message with him, sir. He
didn't respond to this or 9.A.
CHAIRMAN HENNING: Okay.
MS. PRICE: Commissioners, I can answer your questions or I
can make a brief presentation.
CHAIRMAN HENNING: Well, I was hoping to delay this
enough to see if Commissioner Coyle is going to come on line.
COMMISSIONER FIALA: He's probably wrestling an alligator.
CHAIRMAN HENNING: Why don't we hold this off until our
last item on the agenda.
COMMISSIONER NANCE: I can ask a couple of questions to
eat up a little time, Mr. Chairman.
CHAIRMAN HENNING: Sure.
COMMISSIONER NANCE: Yeah, Ms. Price, what's the current
annual cost of the rents that the Supervisor of Elections has to pay? I
mean, I realize they have one facility over here that's county owned
and everything, but the outside facilities that hopefully we're going to
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be able to dispatch with, what's our annual rent? I know we're not
going to save money by spending $5.6 million, but I'm just trying to
get a sense of whatever economy there is there for the county.
(Chairman Henning exited the Boardroom.)
MS. PRICE: The only cost for space right now for the supervisor
is the storage at Robert Flinn, and that comes to $33,000 a year.
COMMISSIONER NANCE: 33,000 a year?
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: Are they going to additionally give
up the facility at the Parks and Recreation over in Commissioner
Henning's --
MS. PRICE: They are.
COMMISSIONER NANCE: What are we going to do with that
facility? Does anybody know what we're going to do with these other
facilities? In other words, is there any credit we're going to possibly be
able to get back from other facilities, or are we going to use them all
internally, sir?
MR. OCHS: I think we would make a proposal to use them
internally. The park property we would propose to turn back to Parks
and Recreation for programs at the community park.
COMMISSIONER NANCE: Okay. All right.
COMMISSIONER HILLER: Can I ask a question?
COMMISSIONER NANCE: Yes, go ahead.
COMMISSIONER HILLER: Following up on Commissioner
Nance, I had the same question. Do we have a need for these additional
properties like the office over here and the Parks and Recs building? Is
there a need for those properties?
MR. OCHS: I believe there is, Commissioner. The staff is
working on some options for me to bring forward to the Board here
probably within the next 30 days, but we have some offices that are
cramped and we have some other plans for expansion of a physical
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plant that HVAC, a chiller plant on this facility that really is going to
go in place where for example our procurement office is today. So
we're evaluating some options.
COMMISSIONER HILLER: And one of the things to consider
is, you know, as you move things around, if there's something that you
want to sell because you can use what we're getting as an offset to this
cost, that's a consideration that would mitigate against what you're
proposing in the budget.
MR. OCHS: Yes, ma'am.
(Chairman Henning returns to Boardroom.)
COMMISSIONER HILLER: So if there's some building
somewhere that you don't like and now you're getting this Parks and
Recs building that's better, get rid of that and keep this.
COMMISSIONER NANCE: If I'm not incorrect, there's also
going to be some savings in transportation. Not only is there some
safety issues and some logistics efficiencies that we're going to gain,
but we're not going to be driving this stuff around in trucks like crazy
every time we want to use our equipment. I'm frankly worried about
the wear and tear on our electronic equipment as we bump it all over
town, you know, numerous times during its useful life.
MR. OCHS: Yes, sir, I think that's --
COMMISSIONER HILLER: And end up like Lee County.
I'll make a motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Okay, Commissioner Coyle, are you
on line?
MR. MILLER: Mr. Chairman, I just rechecked the bridge and
there's no one there. The conference bridge, he's not there.
CHAIRMAN HENNING: Okay. Let's talk about the funding -- I
mean, you have options, recommendations is to pay part cash, part
internal borrowing, internal borrowing from --
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MR. OCHS: Yes, sir, there's two recommendations: One's an all
cash; the other is a combination of cash and internal borrowing. I'll
ask Mr. Isackson since he was good enough to stay up this late today,
to --
CHAIRMAN HENNING: The recommendation is to approve
staffs recommendation. So staffs recommendations on the financing
is select funding option two.
MR. ISACKSON: Yes, sir.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Which is partly cash.
MR. OCHS: Correct.
CHAIRMAN HENNING: And partly internal borrowing. Who
are we borrowing from?
MR. ISACKSON: Well, the suggestion right now is to borrow
from your user fee family of the county Water/Sewer District Fund, sir.
CHAIRMAN HENNING: So George is going to finance this?
MR. ISACKSON: As he has in numerous other occasions, sir.
CHAIRMAN HENNING: You're a good man, taking one for the
team.
Is there anything else we need to be aware of of the
recommendations?
MR. OCHS: No, sir, I think this is a comprehensive
recommendation. We've accounted I think very well for everything
that needs to be done to get the supervisor up and running in that
building.
CHAIRMAN HENNING: Is there any further discussion?
COMMISSIONER FIALA: No, we're heading in the right
direction so I'll just call for the question rather than belabor it.
CHAIRMAN HENNING: No, I think it's important to ask if
there's any discussion, that's why I was asking.
COMMISSIONER FIALA: I don't have any question.
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September 9, 2014
CHAIRMAN HENNING: On the motion.
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 4-0.
MR. OCHS: Thank you, Commissioners.
Item #13A
PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS REGARDING VEHICLE ALLOWANCES
AND STAFF PAY ADJUSTMENTS APPROVED BY THE
COUNTY MANAGER - MOTION TO APPROVE AS LONG AS IT
DIDN'T SET A PRECEDENT — APPROVED
MR. OCHS: Mr. Chairman, that takes you to Item 13.A. It's a
presentation of the Board regarding vehicle allowances and staff pay
adjustments approved by the County Manager.
CHAIRMAN HENNING: Crystal, I just want to say that I
appreciate the staff-- your staff taking a look at this. However, I spoke
to County Attorney's Office, Scott Teach, on this particular item, and
he came to the same conclusion that I did. When we offer jobs or
when we set salaries, ranges, we set it upon a consultant's
recommendations. And those recommendations is not just the salary
but what the benefits are. Whether it be healthcare or a number of sick
days off or vacation time, cell phone allowance, the list goes on and
on. And those recommendation -- or those -- everything is captured
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within that salary range on the high and low.
So I understand the concern about the Florida statutes, but we are
-- the County Manager is making a great business decision, and that
business decision is to take those vehicles away, put it back into the
fleet system for others to use and these particular administrators and
directors to use their personal vehicle. And he has taken a look at what
the salary ranges should be and is making recommendation for
adjustments.
So I'm going to make a motion that we direct -- we support the
County Manager in his determination of a salary adjustment for these
particular positions and request that the Clerk make payment.
MS. KINZEL: And Commissioner Henning, thank you. That
was all we were looking for. If the vehicle allowance is an adjustment
to pay, then there's a prescribed statutory requirement to track the cost
or identify the calculation in which that vehicle allowance is based. If
you are indicating that this is just a special pay adjustment, if we could
just get on the record that the salary adjustment, the reason for the
salary adjustment is not -- is not a vehicle allowance. Because one of
the issues that the Clerk's Office had a concern is that if it is any
method of calculating a vehicle allowance, it should be statutorily
prescribed. If it's not a vehicle allowance and we're doing it as a salary
adjustment, it just needs the public purpose indication for the record
and that the pay adjustment is based on a cost calculation of savings to
the county for discontinuing of the vehicle plan, but not in lieu of a
vehicle allowance on their behalf There should be some other merit or
other salary basis to warrant the special pay, as it's defined in the
County Manager's CMA in the policies.
CHAIRMAN HENNING: Yeah, and it is, like I stated, talking to
the County Attorney's Office, this is a salary adjustment and has
nothing to do with reimbursement.
Is there a second to my motion?
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September 9, 2014
COMMISSIONER NANCE: I'll second.
COMMISSIONER HILLER: There's some discussion on this.
CHAIRMAN HENNING: I wanted to see if there was a second
before we go to this.
So we have a motion and a second. So do we want to have
discussion on the motion?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Okay. Well, Commissioner Nance
was first. Or do you want to go first, Commissioner Hiller?
COMMISSIONER HILLER: Commissioner Nance?
COMMISSIONER NANCE: I commend the County Manager on
this business decision. I think it's a very wise decision. It was for me.
I made a very similar decision. It's my understanding, sir, now that we
have no other vehicles that people are driving around other than
operational people that need them on a 24-hour on-call emergency
basis?
MR. OCHS: That is correct, Commissioner.
COMMISSIONER NANCE: I would commend you on this step.
I think it's going to be a big cost savings in the end for the county and I
think it's actually better off for our highly compensated employees
because I think in their complicated lives they can better deal with a
salary. As long as it's commensurate and you feel like it's going to be
sufficient to keep our highly compensated staff at the appropriate level,
I fully support your change and approach.
MR. OCHS: Thank you, sir. That is the intent.
COMMISSIONER NANCE: Thank you.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, Leo, I have a concern about
the precedent we're setting here. I think as Commissioner Nance says,
you know, eliminating the use of a county vehicle or providing a car
allowance is the appropriate thing to do.
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But what you're doing here is something different. You're not
bringing that issue before the Board, because the Board is not involved
in that. That goes to your jurisdiction as to how you run the county
and what you allow your staff to do or not to do. So that's not what's
before us today.
What's before us today is this question of whether or not you need
Board approval to adjust pay for employees when the pay adjustment
is within a range that has been approved by this Board. Because the
Board approves the pay plan.
And quite frankly, I don't see why we're voting on this. Because
this is something that you can do, provided that the funding is
approved already in the budget and we have approved the pay plan.
You know, if Commissioner Henning gives his aide a raise and that
raise -- you know, the salary falls within the range that we as the Board
have approved for that position and the funding has been approved in
the budget, he doesn't come back to us. We've never in the entire
history of all the raises that you've ever given have ever heard this
issue before us. So I'm not really sure that there's anything to vote on.
I mean, you --
MS. KINZEL: Commissioner Hiller, let me explain. It was not.
We have -- you're absolutely correct, that we have made salary
adjustments within the parameters of the CMA. The particular nuance
to this was that the payments were in lieu of the vehicle allowance
that's --
COMMISSIONER HILLER: No, they're not.
MS. KINZEL: -- prescribed. Well, that was the paperwork that
was submitted to us. This clarifies that question.
COMMISSIONER HILLER: Can you please --
MS. KINZEL: But I would like the Board's vote --
CHAIRMAN HENNING: Hang on, hang on.
MS. KINZEL: -- so that we have that supported.
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COMMISSIONER HILLER: No, she interrupted me.
Leo, can you please provide what you sent the Clerk? Do you
have that document? Because --
MR. OCHS: I do, Commissioner.
CHAIRMAN HENNING: Well, we do -- the Board approves
adjusted salary.
COMMISSIONER HILLER: We never have before.
CHAIRMAN HENNING: Sure, it's been on the agenda.
Leo, is that true?
MR. OCHS: What you do annually, Commissioners, is you
approve the compensation and classification plan that establishes the
job titles and the salary ranges that go with those. You don't routinely
approve the many, many adjustments, the compensation that go on
every two weeks in the payroll processing. Including these types of
adjustments.
This is a sample of-- and this is in the backup that Ms. Kinzel
provided to you in the item. But you can see that the request is not for
anything in lieu of another thing, it's for a special pay adjustment
consistent with the CMAs. I cite the section, the article of-- the
particular section of that article that this pertains to.
This is different. We've never had to bring this to the Board
before. The Clerk has refused to pay. And I think it's unfair to the six
people who have not received -- who have had a reduction in their pay
since July. And whatever it takes to make them whole,
Commissioners, I would urge you to do. But I have the same concern
quite frankly that Commissioner Hiller has about -- I don't expect this
to set any precedent at all with respect to my ability under the HR
practices and procedures to administer your compensation program.
COMMISSIONER HILLER: Absolutely. I mean, I don't see
what we're even voting on. You have the legal authority to make this
decision. The pay scale was approved, the budget was approved. You
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do this, as you say, every two weeks. I'm sure there are employees all
around who are getting pay raises for different reasons.
I don't see what we're voting on and I am very concerned that this
is setting an improper precedent.
MS. KINZEL: Commissioner Hiller --
COMMISSIONER HILLER: I mean, I certainly don't want to
every two weeks be approving, you know, pay adjustments. We never
have in the past, we wouldn't now.
Now, the actual expenditure, when we make the expenditure in
the form of payroll, you know, we approve everything. It comes
before us, the checks are presented to us and, you know, we make a
determination that the expenditure serves a legal and valid public
purpose and we're done.
So I don't see what we're doing here now. This shouldn't even be
on the agenda.
CHAIRMAN HENNING: Are you done?
COMMISSIONER HILLER: I am now.
MS. KINZEL: Commissioner Henning, we don't see this setting
a precedent on a regular salary adjustment. I did include in the packet
what represented the question.
What the County Manager just put on the visualizer is the second
submission. The first submission, taking away the car allowance, says
very specifically in lieu of a travel -- the car allowance. That's what
generated the additional questions.
When he resubmitted these as merely a salary adjustment without
any identification of the reason for special pay adjustment, as he
normally does. When he submits for a pay adjustments he usually
provides an explanation about the work effort, pay plan outside the
scope of the ordinary duties, other language so depicting.
This was a secondary submission after it said in lieu of allowance.
And we've already said we do not believe that sets a salary precedent
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but we would like just the Board's approval on this item and move
forward.
MR. OCHS: And my definition of in lieu of means instead of.
So, you know, when I was told you can't use a vehicle allowance, I
wanted to make clear that this pay adjustment that I was implementing
was not in addition to the existing automobile allowance. It was just
meant to clarify.
COMMISSIONER NANCE: I'm not supporting it because it's
precedent setting. I'm just suggesting it's precedent setting, I'm just
trying to get across a ministerial correction to resolve a little minor
dispute, and I hope we can say aye.
COMMISSIONER HILLER: And I think the motion should
reflect that. I can't support Commissioner Henning's motion as it's
stated.
I would support what you're proposing, Commissioner Nance. I
think what you're saying, you know, if that's the way you would like to
state it, absolutely. But in no way does this reflect that there's a need
to do this.
COMMISSIONER NANCE: Is that an acceptable amendment to
the --
CHAIRMAN HENNING: Yea, I'm not sure, but I think we're
taking the high road, right, Leo?
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Let me get to Commissioner Fiala and
let's talk about your issue, Commissioner Nance.
COMMISSIONER FIALA: Yeah, all we're doing is changing
words around in order to get the same pay. We've done it this way --
like the Clerk said this morning, we've always done it this way. Well,
we've always done it this way. Now all of a sudden -- they've helped
pay because it was stated this way that they've always done and now
they want us to change the words so they can still give them the same
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pay.
I don't understand why we're going through all this folderol when
it should be plain and simple. It is a car allowance. That's one of the
perks of--
COMMISSIONER HILLER: No, it's not.
COMMISSIONER FIALA: -- bringing somebody to this county.
But now it cannot be. Now it cannot be a car allowance.
But at the same time that's one of the things that we have to give
them in order to keep people here. It's such a game anymore, and it's
so sad to see --
MS. KINZEL: Commissioner Fiala, though it can be a car
allowance. But if it's called a car allowance, the statute requires a
certain calculation be prepared and presented.
COMMISSIONER FIALA: How come you didn't require that
for the last 15 years?
MS. KINZEL: They didn't have those for the last 15 years, this
started in January when they brought in the cars.
There were some -- we went back and looked for the County
Manager back during the early 2000's. I believe there were two and
we don't show that those were currently in place, so -- and that was
before Crystal's time, so I apologize.
MR. OCHS: There was one process, and --
CHAIRMAN HENNING: Wait a minute, we're taking the high
road, right?
MR. OCHS: Pardon me?
CHAIRMAN HENNING: We're taking the high road.
MR. OCHS: Yes, sir. Thank you.
CHAIRMAN HENNING: Crystal, you're not going to win on
this issue. You see the misunderstanding. We're going to try to move
on. And it is what it is.
MR. OCHS: Thank you, Commissioners.
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September 9, 2014
CHAIRMAN HENNING: What is your --
COMMISSIONER NANCE: Modification to your motion reflect
the concern of Commissioner Hiller so that we're not precedent setting
and I'll second --
CHAIRMAN HENNING: Precedent setting of?
COMMISSIONER NANCE: Approving salary raises routinely.
CHAIRMAN HENNING: For? For any reason.
COMMISSIONER HILLER: They have to be within the --
CHAIRMAN HENNING: Salary range.
COMMISSIONER HILLER: -- the salary range which we
approve they have to be budgeted for. But the discretion as to whether
an employee deserves a raise is the County Manager's decision. We
cannot get involved in that. We're barred from being involved with that
by 125 and we just have to make sure that, you know, again the budget
was approved, that the pay grade was -- you know, that the pay range
for that pay grade and position was approved.
CHAIRMAN HENNING: By the Board.
COMMISSIONER HILLER: By the Board. Which it was.
And then we subsequently when, you know, when approve the
check run we approve the public purpose and the legality of the
expenditure. So I don't see what we're doing here.
CHAIRMAN HENNING: I'll put that into my motion.
COMMISSIONER HILLER: Yeah, this is --
CHAIRMAN HENNING: And you include that --
COMMISSIONER NANCE: I second that.
CHAIRMAN HENNING: -- into your second. Commissioner
Nance accepted that.
So we can beat this a little bit more or we can vote on it. What's
the pleasure of the Board? Anymore discussion?
(No response.)
CHAIRMAN HENNING: Hearing none, all in favor, signify by
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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.
MR. OCHS: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: That takes us to Item 15, staff and general
communications.
What do I have today. Just wanted to go over a couple quick
calendaring updates. You are scheduled for a bicycle safety workshop
on October the 7th. And I'm looking for your endorsement or
concurrence or not on whether or not you want to try to reschedule the
workshop with the City of Marco Island that they had asked to
postpone as they brought new counselors on a few months ago. There
are a few items, most notably the Goodland Road issue that we're not
making much headway on. And if the Board would like to have a
workshop with --
COMMISSIONER NANCE: What's their proposed future date?
MR. OCHS: Well, I'm suggesting December 2nd. And if the
Board's all right with that, I'll work through the Chair to get a letter out
to the City Council.
COMMISSIONER FIALA: When was it supposed to be, Leo?
MR. OCHS: Pardon me?
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COMMISSIONER FIALA: When was it supposed to be?
MR. OCHS: Oh, we originally had scheduled it --
CHAIRMAN HENNING: For June.
MR. OCHS: Yes, I think in June. And they wrote us a letter and
said that they had to postpone. They wanted to wait 'til they got some
of their people on board. They'd be on board by December.
If you'd like, I can try to set that up.
CHAIRMAN HENNING: Fine with Commissioner Nance, fine
with Commissioner Fiala. Is it fine with Commissioner Hiller?
COMMISSIONER HILLER: Yes, it is.
CHAIRMAN HENNING: I would recommend that we stop -- I
was talking to one of our administrators. The cost to repair the
Goodland Road and the existing future payments is questionable
whether they can even commitment to their -- and I would say let's
stop any future payments until we resolve this issue.
Can the Board support that? Commissioner Nance?
COMMISSIONER NANCE: Yes, sir.
COMMISSIONER HILLER: Say that again?
CHAIRMAN HENNING: Stop --
COMMISSIONER NANCE: Stop payments until we get some
movement.
COMMISSIONER HILLER: For what?
CHAIRMAN HENNING: For a meeting.
COMMISSIONER FIALA: What they're talking about is the
million dollars a year we've been giving them.
And I believe, Leo, that we sent them a letter saying, you know,
that we encourage them to meet their responsibilities and things that
they had promised or we would have to withhold. And I think that's
what you're all talking about, right?
CHAIRMAN HENNING: Correct.
MR. OCHS: I'm looking at your County Attorney, because you
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have -- you've seen the agreement that calls for two installments every
year. But I think we can make an argument that part of that was
intended to be applied to Goodland Road and it hasn't yet. And there's
only two years left in the agreement.
MR. KLATZKOW: I think probably the more prudent thing to
do is for County Manager to come back with an executive summary on
consent --
COMMISSIONER HILLER: I think so.
MR. KLATZKOW: -- making that recommendation. And then
it's an action item.
CHAIRMAN HENNING: Okay, we'll do.
COMMISSIONER HILLER: I think so.
CHAIRMAN HENNING: All right, so let's -- I'll send them
another letter stating the December 2nd meeting, if they so desire to
meet, and we'll try to resolve that.
Further direction is the County Manager to bring an action item to
stop payments until we resolve our differences with the Marco Island
City Council.
MR. OCHS: Thank you.
Commissioners also, Commissioner Nance had asked about a
potential workshop on our library system sometime after the first of the
year. I didn't know if the Board wanted to select a target date for that
or you wanted me to plug that in?
COMMISSIONER NANCE: I'd like to make a little comment.
I just -- you know, I supported the consent agenda items on the
library and there were two quite significant ones there actually, in my
opinion. And one of them was almost a million dollars to go to RFID
identification in our library materials to assist with check-out. But
there was also some rather disturbing things regarding writing down of
losses in the library that were primarily late fees that weren't collected.
But for the four-year period between '07 and '10, if you'll notice, it was
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over $600,000.
And, you know, I had a very productive meeting with Mr. Carnell
and a young lady from -- the library director for Collier County, and
I'm very, very much in support of our libraries, but I also think that our
libraries have not been considered very much. It's not a really sexy
topic. But I think the libraries, just because of the way print media and
its use is changing are going to have to evolve. And I contemplate that
there's going to be significant costs involved and some significant
changes.
So I just thought we ought to kind of review where our libraries
are and what's good about them, you know, what demographics we see
changing and how we can support our libraries and the significant
change they're going to have to make.
And I don't think it's a crisis, but I just thought after the first of the
year when we get some things done on our bill, it might be a
thoughtful topic for a workshop.
COMMISSIONER FIALA: I agree. I think that's a great idea.
MR. OCHS: Schedule it?
CHAIRMAN HENNING: Yes.
MR. OCHS: Thank you.
Then just a final reminder, the Board has already set this, but just
to confirm, we have one Board meeting scheduled in November and
one in December. The November meeting is November 18th and the
December meeting is December 9th. Commissioner elect Taylor will
actually be taking her seat at that November meeting, according to my
information.
So that's all I have, sir.
CHAIRMAN HENNING: Thank you.
County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Who wants to start first? And can you
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-- can we complete commissioners comments?
Who has a burning desire to start first?
COMMISSIONER FIALA: I'll start first.
CHAIRMAN HENNING: Okay, thank you.
COMMISSIONER FIALA: Mine's pretty simple. I wanted to --
being that you mentioned libraries, I'll just throw in, as I was flying to
and from Ohio this summer, one of the things I was surprised to see,
not only in the airplanes but also in the airports, were so many people
carrying books and magazines. I thought everybody would be carrying
their electronic reading equipment, and that isn't true. Young people. I
was so surprised.
And I asked a couple people along the way and the one girl who
was -- she couldn't have been any older than 25, said I like the smell
and the feel of a book. I can't get that out of a Kindle.
And I asked a guy across the hall, because he looked like a guy
that would be in business, and he too said it's so much better when you
have a book; I like carrying a book. So I just thought I'd throw that in
a little bit in preparation for our library workshop. Thank you.
COMMISSIONER HILLER: Commissioner Fiala --
COMMISSIONER FIALA: And I don't have anything else to
add.
CHAIRMAN HENNING: Commissioner Hiller, do you have
anything?
COMMISSIONER HILLER: Yeah, I'd like to comment on what
Commissioner Fiala said.
You know, I was up in Boston and I agree with you. I was in a
taxi and headed to a bookstore that serves breakfast called Trident, on
Newberry, and it's like the cutest little place. The place was packed.
Taxi driver and I are talking about all these books that he's reading and
like buying at the store. And it was just -- it's so refreshing to see that.
I mean, I love things that are electronic, but I do agree with you, I have
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a large collection of books and it's fun. It's a good thing, you know.
So do I have anything to report? No. It was a very productive
summer. I worked hard. And I'm going to bring some really good stuff
forward this year. And hopefully, you know, we'll have a fun time
with our new commissioner. I welcome her, and I look forward to
working with her and seeing her in November.
But I am going to miss Coyle. I am truly going to miss him. So
maybe he'll take me out dancing after all.
COMMISSIONER FIALA: Your very own sparring partner.
COMMISSIONER NANCE: You already signed up with Homer
now. How are you going to resolve this?
COMMISSIONER HILLER: I like to breed a little jealousy.
Makes it more exciting.
CHAIRMAN HENNING: Do you have anything else,
Commissioner Hiller?
COMMISSIONER HILLER: No, not at all.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, a couple things. In the month
of October I anticipate that we're going to have an opportunity to honor
the Big Cypress Natural Preserve in its 40th year of existence, and we
might have an opportunity to have some pretty exciting guests to
receive a proclamation from the Board that I'm going to be bringing
forward.
Secondly, there is quite a bit of interest in the eastern part of the
county suddenly by some grocers and other commercial entities.
Although we've had some tragic foreclosures and we still struggle with
small businesses in the area out towards the Estates, Randall Boulevard
and so on, so forth, there's also within the past few months a lot of
interest. And I notice that we had an agenda item on consent to give
growth management a number of additional FTE's to handle
permitting.
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And I just wanted to let you know that for the first time in many,
many years it's exciting for me to see things happening in the area of
Golden Gate Estates and the rural fringe.
So in response to that I will say if the discussions and inquiries
and applications that I think are going to happen are indeed going to
happen, we're going to be -- soon it's going to be appropriate to start
talking about the long awaited restudy on the Golden Gate Area
Master Plan which should be almost linked with the Rural Fringe
Mixed Use District review that the stakeholders there are currently
undertaking.
So if things continue good and we get an opportunity to do that
and we get the applications that I think we're going to see, there'll be
some exciting things but there will also be some challenges for us and
staff, and I'll be looking forward to bringing some things forward to the
Board to talk about what we can do to finally get something jump
started out there. It would be very, very exciting for the residents in
my district.
CHAIRMAN HENNING: Can I ask you a question on your
comment you made?
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: The Golden Gate Area Master Plan
restudy, are we restudying land use or are we --
COMMISSIONER NANCE: Well, to an extent, yes, sir. You
know, we've always struggled with the commercial elements. And I
think commercial elements in the rural fringe are going to really
impact what goes on in the Golden Gate area, particularly Golden Gate
Estates.
So depending upon what comes out of the RFMUD restudy and
suggestions, it may pose some questions to some of the land use
struggles we have had, particularly in the Estates area where we don't
have zoning, you know, for a great deal of commercial. But there's a
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constant need and desire to have those services. So we've constantly
struggled on how to provide those services without devastating the
rural residential nature that so many people are hoping to maintain in
the Estates.
And that is so valuable to our county, because, you know, people
fail to remember until it comes up that Golden Gate Estates is actually
providing the watershed for a great deal of the urban coastal zone,
including the City of Naples. So there are many reasons for us to think
kindly on the rural setting we have and a great deal of the Estates.
But, you know, we're getting enough residents out there that we
need to provide some services without having Nick having to build
another five, six-lane roads to take them all to the coast. So we need
some overlays for commercial, we need to try to compartmentalize
some of the multitude of applications that I think we're going to see
coming together. And our current plan just doesn't contemplate it and
doesn't help us accomplish it in an orderly fashion.
So we've got transportation issues that everybody's working on
and I think now we're finally going to have some commercial
development proposals that are going to make -- that frankly are going
to make a lot of work for us, but I think it's something that our citizens
can embrace out there and something that long term will really help us.
COMMISSIONER HILLER: I --
CHAIRMAN HENNING: No, hang on.
COMMISSIONER HILLER: Would like to speak again.
CHAIRMAN HENNING: Yeah, I realize that.
The RFMUD, the rural fringe, the Board hasn't given any kind of
blessing for restudy on that, you recognize that, right?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: And you're saying that's coming
forward in the future?
COMMISSIONER NANCE: What I'm saying, sir, is that private
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stakeholders are going to bring information to the Board and quite
possibly request staff time and the Board's blessing to reconsider the
RFMUD.
CHAIRMAN HENNING: And because of that and the outcome
of that, it may --
COMMISSIONER NANCE: May stimulate another restudy.
CHAIRMAN HENNING: Restudy of Golden Gate master plan,
because of what may or may not potentially happen out there.
COMMISSIONER NANCE: Yes, sir. The thinking --
CHAIRMAN HENNING: The only reason I'm asking this is the
prior board, any time there was a request to change the master plan
outside of the existing master plan, all of a sudden we have a new
committee formed. Instead of making the tough decisions that we are
elected to make of saying yes or no and not going to a straw pole vote,
I just hope that we're not going in the same direction that we did in the
past.
COMMISSIONER NANCE: I don't think we are, Commissioner
Henning. And the reason is that I fully support, and I hope that my
fellow Commissioners endorse this same methodology, and that is that
we cannot have these studies exist and be studied in a vacuum. They
have to contemplate what's going on around them. Particularly with
three things: Surface water management, environmental and
transportation. If these plans don't talk to one another, I think we've
gotten -- the results have been disappointing because sometimes we've
done what seems like is an intuitively good thing to do but it doesn't
contemplate what's next door.
And the next one, quite honestly right behind it, is the Rural Land
Stewardship Area.
CHAIRMAN HENNING: Well, we had the East of 951
committee.
COMMISSIONER NANCE: Yes.
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CHAIRMAN HENNING: So maybe in the future, and I'm not
asking to do anything right now, tell us how it's going to look different
than it has in the past.
COMMISSIONER NANCE: Well, remember this, one of the
things that was so disappointing to that committee was it got specific
direction not to consider and not to discuss land use. And because of
that I think it crippled the study, Commissioner, honestly. I mean, we
didn't even open -- you know, they weren't asked for land use
recommendations, but we weren't even allowed to talk about land use.
So we didn't even bring some of the things to the table that might have
been helpful. So hopefully, you know, we're going to have
stakeholders and landowners out there working together with staff to
solve some of these problems. That's what I'm hopeful that we're
going to get.
COMMISSIONER FIALA: May I also suggest, as you have an
opportunity now, you have almost like a clean slate to now shape what
the future is going to look like and to carefully shape it. In that you
might also want to address zoning. Because now we're seeing the
problems with these giant mega-stations coming in and the zoning in
place allows that to happen even though it impacts horribly
neighborhoods. I think that that's an important thing.
And I'm having the same lovely opportunity in mine. We have a
clean slate now to either build and develop or to rebuild and redevelop.
But we have to make sure that we handle this in such a manner that the
future can live with the decisions we make now. And I think we have
to make sure that we keep preservation in line, we have to make sure to
preserve future water sources, as well as environmentally sensitive
lands and not let them go astray.
COMMISSIONER NANCE: Commissioner Henning, what is
your concern, sir, please?
CHAIRMAN HENNING: My concern is because there is some
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kind of petition, land use petition, that is controversial that we create a
new study committee. Instead of making the hard decisions that we
need to make, we're going to a straw vote. You have addressed my
concern. You have given me some more thought of-- or information
about your thoughts of what needs to take place out there. The only
opportunity I have to ask you that is in a public forum.
COMMISSIONER NANCE: Yes, absolutely.
CHAIRMAN HENNING: So I'm glad -- you relieved any of my
concerns.
And then I just want to -- Commissioner Hiller wants to chime in.
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Are you done addressing my --
COMMISSIONER NANCE: Yeah, I just wanted to further say
that, you know, I think a thoughtful update that crosses some of those
lines and does consider land use is going to eliminate every time we
have an exciting project we have to have a land use change. And then
it goes into a fight.
You know, I think if we consider it and we make those hard
decisions and we do it in a comprehensive way and we do some things
that makes some sense, we're going to eliminate a lot of that. And it's
going to take a lot of the, you know, people wanting to go to straw
poles and referendums and holding up signs and things like that. If we
do put some comprehensive thought into it and get the appropriate
overlays and make those hard decisions, I'm ready.
COMMISSIONER FIALA: What about a workshop that would
discuss some of these issues that are important to us to outline for
staffs future addressing?
CHAIRMAN HENNING: I would support that if the County
Manager will support working with Commissioner Nance on, you
know, some kind of a future action item that we can kind of get an idea
what we're looking at.
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COMMISSIONER NANCE: Generalize some things, maybe?
COMMISSIONER FIALA: And me too, please.
CHAIRMAN HENNING: Or maybe even in a presentation at a
regular Board meeting.
COMMISSIONER NANCE: You know, I frankly would love to
put some maps up there and discuss some of the opportunities that I
think we have. Because I think it feeds right back not only to
answering some problems and needs of our constituents, but I think it
goes right to economic development in a lot of cases. I think, you
know, if we do the right thing we're going to see good things happen.
CHAIRMAN HENNING: Well, anyway so you've addressed my
concerns.
And I want to go to Commissioner Hiller to further this
conversation.
COMMISSIONER HILLER: Thank you.
I have a different topic, and there's something I was remiss at. I
should have brought this up, and it's very important that I do.
I have stated on the record in the past that whenever Brent Batten
sends me any questions that I would respond on the record from the
dais, because I don't believe that anything that I say should be
expressed in a manner where the public doesn't receive the same
information he or anyone at the paper does.
CHAIRMAN HENNING: Can you put that on Youtube?
COMMISSIONER HILLER: It would be great. So let me just
address this. And this is something I do want to bring up. And I was
actually thinking of bringing it up at a future meeting but I'll bring it up
right now.
I'm going to go through these questions and I there's something
that I feel is very important we need to talk about because it's right --
based on a letter we received from the Clerk's office.
His first question is: Do you have any plans to run for Clerk in
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2016? With a follow-up question: Can you categorically rule out such
a run?
Well, I'm not going to politic from the dais, so my response to
that is I have been asked to run for Congress, I have been asked to run
for Kathleen Passidomo's seat for House of Representatives, I have
been asked to run for State Attorney, I have been asked to run for the
Clerk's seat, I've been asked to run for President.
There is nothing that I will not consider. And I will -- if I ever
move out of this seat that I just got elected in and I'm seated for for the
next four years to 2018, promise everybody that I will make a formal
announcement and no one will ever have to guess what my intentions
are. Until I make a formal announcement, I'm not running for
anything. I am County Commissioner for District 2, Chair of
Economic Development for Collier County, and I will continue to
serve in my capacity 'til 2018 until further notice.
So: Did you recently express concerns to Mr. Brock's staff over
his hiring of James Molenaar from the State Attorney's Office to work
on his audit staff? If so, can you explain what those concerns are.
I most definitely did.
CHAIRMAN HENNING: Wait a minute --
COMMISSIONER HILLER: No this is --
CHAIRMAN HENNING: No, this is --
COMMISSIONER HILLER: This is very important.
CHAIRMAN HENNING: You said you were --
COMMISSIONER HILLER: This is my time and it's my choice
of--
CHAIRMAN HENNING: No, you said you were done --
COMMISSIONER HILLER: No, I --
CHAIRMAN HENNING: I asked you and you said you were
done. I thought you were asking --
COMMISSIONER HILLER: No, no.
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CHAIRMAN HENNING: -- Commissioner Nance a question.
COMMISSIONER HILLER: It is my right to speak. It is time
for commissioner comment and you have to stop trying to limit my
ability to speak, it is my right.
CHAIRMAN HENNING: Did you not have time under
commissioners comments? Did you not have time?
COMMISSIONER HILLER: I'm going to continue speaking to
this, because this goes to an issue that is an open matter related to the
Clerk.
CHAIRMAN HENNING: No, this is --
COMMISSIONER HILLER: Not only did I object, but I
objected to his hiring for a very specific reason. I also objected to who
he hired previously and he ended up terminating.
Now, the reason I objected is because Dwight, and I'll refer to
him as Dwight, and I'm referring to the Clerk, Mr. Molenaar applied to
the county for a position. In fact, Mr. Molenaar first approached me
and wanted me to create a position to benefit him to be the Inspector
General for the county, which I refused to do in light of the fact that I
thought it would be more cost effective and make far more sense to a
point that County Attorney as our chief ethics officer, which we did by
way of ordinance and that has worked out very well.
The position then opened for head of Code Enforcement, and Mr.
Molenaar applied for that position. Now, Mr. Molenaar was not
selected for that position. And Dwight, when he applied for that
position, had a discussion with me and basically told me in no
uncertain terms that Mr. Molenaar was not worthy of the position, was
not competent and that we should not hire him under any
circumstances. Which I shared with Leo.
Subsequently the selection process took place and Mr. Molenaar
-- and I'd like you to make all of this available to the Board because the
Board should be informed about this -- ended up sending a letter to
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Leo on graph paper in handwriting in the most unprofessional way,
objecting to the fact that he wasn't hired and felt that the selection
committee was biased against him because he had been involved in an
investigation of Michelle Arnold.
Based on staffs review of his qualifications and his experiences
with the State Attorney's Office, that clearly was not the case.
I personally found it unbelievable that Mr. Brock hired Mr.
Molenaar after telling me that we should not consider him for
employment, notwithstanding that I was not on the selection
committee. What I can't believe is that Mr. Brock would hire an
attorney who is not an auditor, who is not even a CPA to head up his
internal audit division. It really -- it defies logic.
And in fact the manner in which Mr. Molenaar has conducted
himself has raised an issue which the County Manager has brought
back to the Clerk's attention because it was an issue that I raised and
take exception with and that is the manner in which the Clerk conducts
his audits.
I will introduce this letter which is very important that addresses
how an internal audit protocol should be conducted versus the manner
in which internal audit is engaging in inquiry and investigation, which
is completely inappropriate and unprofessional.
CHAIRMAN HENNING: I just want to --
COMMISSIONER HILLER: Let me continue.
CHAIRMAN HENNING: Cherie', do you need a break?
CHAIRMAN HENNING REPORTER: Yes, please.
CHAIRMAN HENNING: Yeah, we're going to take --
COMMISSIONER HILLER: Can I take --
CHAIRMAN HENNING: 10-minute break.
COMMISSIONER HILLER: Okay, let's take a break.
(Recess.)
CHAIRMAN HENNING: Okay.
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COMMISSIONER HILLER: So continuing where I left off.
MR. OCHS: You have a live mic.
COMMISSIONER HILLER: So continuing where I left off,
what are my concerns with Mr. Molenaar? My concerns with him is
that he's not an auditor, he's not trained to be an auditor, he's not a
CPA, he has no experience with governmental accounting and internal
controls, so I'm not sure how effective he can be doing his job. But
what concerns me the most, and I do care that the Clerk has a strong
internal audit staff-- because I place a high value on the internal audit
process. But what concerns me the most is that he hired a gentleman
who he told me we should not consider hiring based on his opinion of
his competency.
Then it goes on to say: Did you express concerns over inquiries
the Clerk's staff was making relative to the business incubator project
when that project appeared on a commission agenda a few months
ago? And again, if so, can you elaborate?
Most definitely. What happened was we have been very
successful in moving forward the accelerator project, part of our
economic development initiative. And apparently there was a reporter
at the Naples Daily News who was making inquiry regarding, you
know, where we were in the process and who we were considering or
how and who we were considering as possible candidates to run that
accelerator on our behalf and how we were going to go about getting
that done.
Well, all of a sudden Bruce Register, who is the Economic
Development Director for the county, received a phone call from Mr.
Molenaar making all sorts of inquiry about Marshal Goodman, who is
a consultant who we hired who did the study for us that landed us two
and a half million dollars in state funding, very successful study that
basically enabled us to launch that project.
And what was curious about Mr. Molenaar's call to Mr. Register
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is that we have not been told that there is any audit being conducted
with respect to Economic Development or the accelerator program or
anything of that sort, which violates how you're supposed to introduce
an audit or conduct an audit, an internal audit, even for that matter an
external audit, as we have discussed with the Clerk's Office.
So I went ahead and I talked to Crystal and I said Crystal, what's
going on? And she said, I don't know. She said, I have no idea. I don't
know why Molenaar called; let me call him and ask.
And when we sat down, what they shared as the reason for
Molenaar calling was because it was on the agenda and he was doing it
as part of the pre-audit. Well, there's a conflict. The internal auditor
cannot be engaging in the pre-audit function, they're two very distinct
and separate activities. Nor can the internal auditor be engaging in
audit testing in the absence -- and inquiry is a form of testing -- in the
absence of the announcement of a formal engagement, whether it's a
surprise audit or a regular audit.
So it was very concerning to me. And I talked to Leo about it,
only to find out that Bob Sincere from the Clerk's Office was then on
the back side calling our information officer, Mike Sheffield, and
asking him when he was going to reply to the Naples Daily News's
inquiry, again with respect to the accelerator program and Mr. Marshal
Goodman.
So does this make any sense? Absolutely not. It is absolutely
improper conduct on the part of Clerk's Office. I don't know what
they're doing and why, but one thing is for sure, they are not involved
in an audit of the accelerator or of Mr. Goodman in any way because
that was attested to me by Crystal in our conversation related to this
matter in the presence of Mr. Molenaar.
Mr. Molenaar obviously doesn't know how to conduct himself
with respect to his position in light of the experience we had. And I
told Crystal very clearly at that time that, you know, the rules of
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engagement have to be respected. In fact, there is a fundamental
inefficiency in the way the Clerk runs his audit division. You know,
they're running all over the place, generating schedules themselves that
really should be generated by our staff.
Our staff now is bolstered by professional accountants. We have
bolstered our internal controls as a consequence. We have bolstered
how we prepare schedules and how we gather supporting
documentation.
And as a consequence what I'm going to recommend to this
Board at a future date to promote efficiencies and optimal results with
respect to providing information and having the benefits of productive
audits is that we hire someone who is essentially the audit and
accounting liaison. And that person would be responsible to
coordinate with the Clerk's accounting and auditing staff with respect
to any information that they need, whether they want underlining
documentation in the form of evidence, whether they want a schedule
prepared, whether they want to meet with a staff person to engage in
inquiry as a matter of testing pursuant to an audit. And I think it is
absolutely essential we do that. I have never been involved in an audit
where auditors are allowed to willy-nilly just interrupt people during
the course of their day and engage in inquiry or testing that isn't
pursuant to an announced audit engagement.
CHAIRMAN HENNING: How long have you got on your
continuing commissioners comments?
COMMISSIONER HILLER: Then you and -- going to the next
question -- you and Dwight seem to be in agreement on most topics
over the past few years. Is there anything you can point to that would
sour the relationship, make him act in a rude manner toward you?
And the answer to that is yes, absolutely. You know, I feel it's
extremely important to audit according to best practices, to respect
protocol. I think it is extremely important --
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CHAIRMAN HENNING: Well, you know what, I'm going to
interrupt you. You've had your time.
COMMISSIONER HILLER: Okay, thanks.
CHAIRMAN HENNING: It's very inappropriate the way you're
conducting yourself and you need to stop.
Your correspondence with Brett Batten is like hearing
everybody's email, commissioners so on, so forth. You're not going to
waste tax dollars by corresponding through the media or running for
office through this Board.
COMMISSIONER HILLER: I'm not running for office.
CHAIRMAN HENNING: It's just not efficient --
COMMISSIONER HILLER: No, that's not true --
CHAIRMAN HENNING: No, you need to stop.
COMMISSIONER HILLER: No, sir, you need to stop. Because
if I --
CHAIRMAN HENNING: Because you had your time.
COMMISSIONER HILLER: Mr. Batten has always known and I
have stated on the record for a long time that if he has any questions
I'm going to do it in the public forum. Not everybody reads the Naples
Daily News --
CHAIRMAN HENNING: Then you sit here --
COMMISSIONER HILLER: Everybody has a right to these
answers.
CHAIRMAN HENNING: Let them record you, because you're
wasting taxpayers time --
COMMISSIONER HILLER: Oh, no, absolutely not. These are
very --
CHAIRMAN HENNING: -- with the County Manager, with all
the staff members here.
COMMISSIONER HILLER: -- important issues.
Not at all.
Page 219
September 9, 2014
CHAIRMAN HENNING: It's your battle with the media.
COMMISSIONER HILLER: It's not a battle with the media.
CHAIRMAN HENNING: It's not a battle with the county and
the media, it's your battle.
COMMISSIONER HILLER: These are not battles. These are --
CHAIRMAN HENNING: You need to conduct yourself in a
different way.
COMMISSIONER HILLER: Mr. Batten has asked some very
important questions that properly should be answered --
CHAIRMAN HENNING: Jeff, how can we handle this? I mean,
I'm supposed to be conducting this meeting in a civil manner. We
have somebody that wants to dominate the meeting and talk about
issues that have nothing to do -- it's her correspondence with the
general public or the media.
MR. KLATZKOW: You can make a motion to adjourn.
CHAIRMAN HENNING: Okay. No, I want to speak. I have an
opportunity to speak. She has twice had an opportunity to speak.
Now the Clerk wants to address the things you said. However,
what I'm going to say to that is at the next meeting I'm going to allow
the Clerk to address the comments that Commissioner Hiller has made
about the Clerk and the Clerk's employees.
You know, this is ridiculous. And I've heard the same thing, that
she's running for Clerk in 2016. Not from the Clerk, outside the
government agency.
COMMISSIONER HILLER: I'm running for an MRS degree.
CHAIRMAN HENNING: So, you know, this is something that
somehow we need to address and put a stop to it, okay.
Another thing, Jeff, when somebody wants to introduce
something into the record, what is (sic) our procedure states about that?
MR. KLATZKOW: The Board takes a vote.
CHAIRMAN HENNING: Okay. That has been explained over
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September 9, 2014
and over, and yet we still have the same issue of Commissioner Hiller
wanting to put something in the record that hasn't -- she hasn't even
asked to put in there. She's just, it's my record, I'm going to throw this
in there. It's the Board's record and you need to ask for a vote. So you
need to stop that.
COMMISSIONER FIALA: May I ask? I thought everything we
did was on the record. I don't quite understand that. I mean, the
meeting is being recorded, everything is on the record. Isn't everything
on the record or --
CHAIRMAN HENNING: Well, I think the County Attorney can
explain that to you later.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: So I want to get to my comments.
And I can't wait 'til the chairman's -- my chairmanship is over. This
lady is just impossible to continue trying to please over and over being
very dominant. And it's not very ladylike, I can tell you that right now.
Jeff, your correspondence with The Conservancy's lawyer, is it
true that he would say, recommend not to challenge the consent order?
MR. KLATZKOW: Yes. Well, I shouldn't say yes. In my
discussions with him because we had discussed that it was his thought
that it was counterproductive to continue the petition in light of the fact
of this revocation hearing going on, because it undercuts DEP's
position.
CHAIRMAN HENNING: Okay. And you would have
recommended the same thing to the Board of Commissioners under the
action that we've done?
MR. KLATZKOW: Strongly recommended it. Our best -- we
wanted it, all right? That's what nobody understands. We had asked
for a revocation of the permit and we got that, all right?
In the alternative we said if you're not going to revoke the permit
that in order to keep using business we want certain modifications in
Page 221
September 9, 2014
the consent order, all right. So we won, all right.
And then you have DEP come in here today telling you that
they're not going to issue any new permits until they get proper
legislation in place, at least they're going to attempt a proper
legislation. They told you they're going to put in an 1,850 foot test
well on-site so in case there was any damage done to the aquifer we'll
know. They've commenced the revocation hearing, they've
commenced the injunction against Hughes in circuit court. You know,
whether or not the Board wants to join in on that will be two weeks
from now, we can have that discussion. We won.
CHAIRMAN HENNING: Well, the correspondence, and
continuing what Jennifer Hecker from The Conservancy says, is her
disappointment and disagreeing that we should stop the challenge.
Also, that The Conservancy is working on legislation in their
correspondence with other environmental organizations on a future law
or legislation to the Florida law to further regulate control so there is
more transparency and accountability by the landowner in the
company.
I want to tell you, I -- and Jeff, correct me if I'm wrong, because
you were there when I had this conversation with Jennifer Hecker, or
at least hearing my part of it. I wanted to -- I think it's very important
to bring everybody to the table to have -- ask the legislators to create
law.
Jennifer Hecker, representing The Conservancy, refuses to
recognize landowner has a stake. In fact, she said no, we don't need
the landowner.
Well, I totally disagree with that. So again, I hope The
Conservancy changes their mind on future legislation. It has to be
done on some facts.
MR. KLATZKOW: You're not going to get legislation -- I
shouldn't say that. Your best chances of getting legislation is when all
Page 222
September 9, 2014
of the affected parties concur in it.
CHAIRMAN HENNING: All interested parties.
MR. KLATZKOW: All interested parties concur in it. We try to
do that here all the time. We try to reach consensus before we can get
to the Board of County Commissioners. Because otherwise you've just
got a fight on your hands and nobody wants a fight.
CHAIRMAN HENNING: No. And the legislators won't take
any action.
MR. KLATZKOW: You won't get it.
CHAIRMAN HENNING: However, I'm committed to still trying
to get The Conservancy at the table.
MR. KLATZKOW: And keep in mind they want drilling in the
Panhandle.
CHAIRMAN HENNING: Pardon me?
MR. KLATZKOW: They want drilling in the Panhandle.
They're a different economy than we are, they have different land uses
than we have up there.
So, you know, if you're going to get a fight in Tallahassee, you
know, you may have a big fight on your hand. You want to go in there
basically with a bill that everybody can agree with.
CHAIRMAN HENNING: But anyways, I think it's important
that we make recommendations on law based upon facts. There are no
facts right now. We don't know if the acid fracking or fracking is safe.
We need to establish best practices. Those are not done. However, we
have The Conservancy working on language with other environmental
groups that we don't have the facts. We hired somebody, a
professional, to assist us in going through all the stuff and provide us
facts so that we can make recommendations to it.
So let's try to get The Conservancy to stop the rhetoric, stop
fundraising, because it's on their website as of last week that I saw on
the issue of oil drilling. And it said big bold letters, Donate to The
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September 9, 2014
Conservancy, okay. So let's stop that and let's work together on best
practices on this issue. And so I'm asking my colleagues to convince
The Conservancy to do that.
With that, I'll entertain a motion to adjourn.
COMMISSIONER FIALA: Motion to adjourn.
CHAIRMAN HENNING: Second?
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: We're adjourned.
*****
**** Commissioner Fiala moved, seconded by Commissioner Nance
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR TOLLGATE BUSINESS PARK THREE, PHASE II,
PL20140000353/AR11369, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITY
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $11,381.72 TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
AGENT —COLLIER COUNTY WATER-SEWER DISTRICT WILL
Page 224
September 9, 2014
RECEIVE AN UNCONDITIONAL TITLE TO THE UTILITY
FACILITY
Item #16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR VERONAWALK PHASE 4C-2,
PL20110000790, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
AGENT — COLLIER COUNTY WATER-SEWER DISTRICT
WILL RECEIVE AN UNCONDITIONAL TITLE TO THE
UTILITY FACILITY
Item #16A3
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR VERONAWALK PHASE 4D, PL20110000791,
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR
THE DEVELOPER'S DESIGNATED AGENT — COLLIER
COUNTY WATER-SEWER DISTRICT WILL RECEIVE AN
UNCONDITIONAL TITLE TO THE UTILITY FACILITY
Item #16A4
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR VIA VENETO PL20130002051 — COLLIER
COUNTY WATER-SEWER DISTRICT WILL RECEIVE AN
Page 225
September 9, 2014
UNCONDITIONAL TITLE TO THE UTILITY FACILITY
Item #16A5
FINAL ACCEPTANCE OF THE PRIVATELY OWNED UTILITY
FACILITY FOR VANDERBILT COUNTRY CLUB,
PL20130001079, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE A UTILITY
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $7,521.58 TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
AGENT — THE COUNTY HAS NO RESPONSIBILITY FOR
MAINTENANCE OF THE FACILITY
Item #16A6
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR HERITAGE BAY-BISCAYNE BAY, UNIT 4,
PL20110001274, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
AGENT — COLLIER COUNTY WATER-SEWER DISTRICT
WILL RECEIVE AN UNCONDITIONAL TITLE TO THE
UTILITY FACILITY
Item #16A7
RECORD THE FINAL PLAT OF ISLES OF COLLIER PRESERVE
PHASE 3, (APPLICATION NUMBER PL-20140001035)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
Page 226
September 9, 2014
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY — THE
COUNTY MANAGER IS TO WITHHOLD THE CERTIFICATES
OF OCCUPANCY AND DELAY RECORDING THE PLAT
UNTIL THE SECURITY AND CONSTRUCTION AND
MAINTENANCE AGREEMENT ARE APPROVED AND
ACCEPTED BY THE COUNTY ATTORNEY'S OFFICE
Item #16A8
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $155,300 WHICH WAS POSTED
AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20140000007) FOR WORK
ASSOCIATED WITH WINDING CYPRESS PHASE 1 — THE
FINAL CONSTRUCTION PLANS WERE APPROVED BY THE
BOARD ON MARCH 25, 2014
Item #16A9
AN EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH THE COCO LAKES
SUBDIVISION PURSUANT TO SECTION 10.02.05 C.2 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE —
EXTENDING THE SUBDIVISION IMPROVEMENTS TO
SEPTEMBER 9, 2015 SO THAT THE DEVELOPER MEETS
COMPLIANCE REQUIREMENT
Item #16A10
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
Page 227
September 9, 2014
BOND IN THE AMOUNT OF $103,500 WHICH WAS POSTED
AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20130000727) FOR WORK
ASSOCIATED WITH MOCKINGBIRD CROSSING —THE FINAL
PLAT WAS RECORDED ON MAY 19, 2014, NO LONGER
REQUIRING THE SECURITY
Item #16A11
RECORDING THE FINAL PLAT OF VALENCIA GOLF AND
COUNTRY CLUB - PHASE - 3, (APPLICATION NUMBER
PL20130001853) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — THE COUNTY MANAGER IS TO WITHHOLD
THE CERTIFICATES OF OCCUPANCY AND DELAY
RECORDING THE PLAT UNTIL THE SECURITY AND
CONSTRUCTION AND MAINTENANCE AGREEMENT ARE
APPROVED AND ACCEPTED BY THE COUNTY ATTORNEY'S
OFFICE
Item #16Al2
RECORDING THE FINAL PLAT OF QUARRY PHASE 7,
(APPLICATION NUMBER PL20130002458) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE COUNTY MANAGER IS TO
WITHHOLD THE CERTIFICATES OF OCCUPANCY AND
DELAY RECORDING THE PLAT UNTIL THE SECURITY AND
CONSTRUCTION AND MAINTENANCE AGREEMENT ARE
Page 228
September 9, 2014
APPROVED AND ACCEPTED BY THE COUNTY ATTORNEY'S
OFFICE
Item #16A13
RECORDING THE FINAL PLAT OF TEMPLE CITRUS GROVE
(APPLICATION NUMBER 20140000514), APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE COUNTY MANAGER IS TO
WITHHOLD THE CERTIFICATES OF OCCUPANCY AND
DELAY RECORDING THE PLAT UNTIL THE SECURITY AND
CONSTRUCTION AND MAINTENANCE AGREEMENT ARE
APPROVED AND ACCEPTED BY THE COUNTY ATTORNEY'S
OFFICE
Item #16A14
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 4, (APPLICATION NUMBER
PL20140001091) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — THE COUNTY MANAGER IS TO WITHHOLD
THE CERTIFICATES OF OCCUPANCY AND DELAY
RECORDING THE PLAT UNTIL THE SECURITY AND
CONSTRUCTION AND MAINTENANCE AGREEMENT ARE
APPROVED AND ACCEPTED BY THE COUNTY ATTORNEY'S
OFFICE
Item #16A15
Page 229
September 9, 2014
CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO.
5032322 IN THE AMOUNT OF $30,181, WHICH WAS POSTED
AS A GUARANTY FOR WORK ASSOCIATED WITH ALDEN
WOODS, SITE DEVELOPMENT PLAN (SDP) AR-7819 — THE
IMPROVEMENTS HAVE RECEIVED A SATISFACTORY
INSPECTION BY THE ENGINEERING SERVICES
Item #16A16
CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO.
5032324 IN THE AMOUNT OF $31,205.70, WHICH WAS
POSTED AS A GUARANTY FOR WORK ASSOCIATED WITH
PLAYERS COVE, SITE DEVELOPMENT PLAN (SDP) AR-6927
— THE IMPROVEMENTS HAVE RECEIVED A SATISFACTORY
INSPECTION BY THE ENGINEERING SERVICES
Item #16A17
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 2, (APPLICATION NUMBER
PL20140000395) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — THE COUNTY MANAGER IS TO WITHHOLD
THE CERTIFICATES OF OCCUPANCY AND DELAY
RECORDING THE PLAT UNTIL THE SECURITY AND
CONSTRUCTION AND MAINTENANCE AGREEMENT ARE
APPROVED AND ACCEPTED BY THE COUNTY ATTORNEY'S
OFFICE
Page 230
September 9, 2014
Item #16A18
AN EXTENSION OF FOUR YEARS FOR COMPLETION OF
SITE DEVELOPMENT PLAN (SDP) IMPROVEMENTS
ASSOCIATED WITH JOURNEY'S END (SDP AR-6048)
PURSUANT TO SECTION 10.02.03 H OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE — THE PROJECT
TECHNICALLY EXPIRED ON APRIL 29, 2011, THIS
EXTENSION IS RETROACTIVE THROUGH APRIL 29, 2015
Item #16A19
RECORDING THE FINAL PLAT OF DEL WEBB NAPLES,
PARCELS 201 - 203, (APPLICATION NUMBER PL20130002601)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY — THE
COUNTY MANAGER IS TO WITHHOLD THE CERTIFICATES
OF OCCUPANCY AND DELAY RECORDING THE PLAT
UNTIL THE SECURITY AND CONSTRUCTION AND
MAINTENANCE AGREEMENT ARE APPROVED AND
ACCEPTED BY THE COUNTY ATTORNEY'S OFFICE
Item #16A20
RECORDING THE MINOR FINAL PLAT OF TORINO LOTS 43-
45 REPLAT, APPLICATION NUMBER PL20140001479 — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE FINAL
APPROVAL LETTER AND RECORDING OF THE PLAT
Page 231
September 9, 2014
Item #16A21
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 254RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: $1,400) — FOR A PORTION OF
FOLIO #39382400001
Item #16A22
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 278RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: APPROXIMATELY $8,625) — FOR
A PORTION OF FOLIO #39386880009
Item #16A23
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 176RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: $4,385.50) — FOR FOLIO
#37228600006
Item #16A24
Page 232
September 9, 2014
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 203RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: APPROXIMATELY $4,060.50) —
FOR FOLIO #39265360006
Item #16A25
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 201 RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: $4,060.50) — FOR FOLIO
#39261840003
Item #16A26
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 209RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: APPROXIMATELY $3,800) — FOR
A PORTION OF FOLIO #39265440007
Item #16A27
Page 233
September 9, 2014
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 158RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: APPROXIMATELY $118,100) —
FOR FOLIO #3726200000
Item #16A28
SELECTION COMMITTEE RANKINGS AND AUTHORIZE
STAFF TO PROCEED TO THE NEXT STEP IN THE SELECTION
PROCESS FOR REQUEST FOR PROPOSAL NO. 14-6289,
DESIGN-BUILD GOLDEN GATE BOULEVARD 4-LANE, EAST
OF WILSON BOULEVARD, PROJECT NUMBER 60040
Item #16A29
CHANGE ORDER NO. 7 TO CONTRACT NO. 05-3865 IN THE
AMOUNT OF $27,630 WITH CH2M HILL, FOR DESIGN
MODIFICATIONS TO COLLIER BOULEVARD (FROM GREEN
BOULEVARD TO GOLDEN GATE BOULEVARD) AND TO
PROPERLY REPORT AND OBTAIN APPROVAL OF CHANGE
ORDERS NO. 5 AND 6. PROJECT NO. 68056 — THE PROJECT
WILL HAVE A USEFUL LIFE OF 20 YEARS WITH MINOR
AND PERIODIC MAINTENANCE THAT WILL INCLUDE
STRIPING, SIGNAGE, DRAINAGE SYSTEM, LIGHTING, AND
SIGNAL SYSTEM
Item #16A30
Page 234
September 9, 2014
SHORT-LIST OF DESIGN PROFESSIONALS PURSUANT TO
RFP #14-6296 AND TO ENTER INTO NEGOTIATIONS
BETWEEN COLLIER COUNTY AND THE TOP-RANKED FIRM,
HIGH SPANS ENGINEERING, INC., FOR "CONSTRUCTION
ENGINEERING AND INSPECTION (CEI) AND RELATED
SERVICES FOR CHOKOLOSKEE BRIDGE (#30161)
REPLACEMENT." (PROJECT NO. 66066.9)
Item #16A31
COUNTY ATTORNEY'S OFFICE TO MAKE AN OFFER OF
JUDGMENT TO RESPONDENT, ABC LIQUORS, INC., IN THE
AMOUNT OF $250,001 FOR THE ACQUISITION OF PARCELS
119FEE AND 119TCE IN THE LAWSUIT STYLED COLLIER
COUNTY V. RTG, LLC, ET AL., CASE NO. 13-CA-259 (US-41 /
COLLIER BOULEVARD INTERSECTION IMPROVEMENT
PROJECT NO. 60116) (FISCAL IMPACT: $179,285.33
INCLUDING ATTORNEY FEES CALCULATED ACCORDING
TO THE STATUTORY BENEFIT FORMULA IF THE OFFER IS
ACCEPTED)
Item #16A32
PARTIAL RELEASE OF A CODE ENFORCEMENT LIEN WITH
AN ACCRUED VALUE OF $136,012.20 FOR PAYMENT OF
$562.20, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS VS. DUSAN PETRIC,
SPECIAL MAGISTRATE CASE NO. CESD20100004782,
RELATING TO PROPERTY KNOWN AS 4609 LAKEWOOD
BOULEVARD, COLLIER COUNTY, FLORIDA — THE LIEN
WILL CONTINUE TO ENCUMBER THE 3122 SANTA
Page 235
September 9, 2014
BARBARA BLVD. PROPERTY, THIS PARTIAL RELEASE THE
LAKEWOOD PROPERTY ALSO OWNED BY MR. PETRIC
WHICH HAS NO VIOLATIONS
Item #16A33
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $99,680.57, FOR PAYMENT OF $80.57,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. KENNETH T. JENKINS
AND AUNDREA L. JENKINS, CODE ENFORCEMENT BOARD
CASE NO. CESD20110012249, RELATING TO PROPERTY
LOCATED AT 260 WEBER BOULEVARD S., COLLIER
COUNTY, FLORIDA — BASED ON 644 DAYS OF NON-
COMPLIANCE THAT WERE BROUGHT INTO COMPLIANCE
ON JANUARY 13, 2014
Item #16A34
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $118,612.47, FOR PAYMENT OF
$6,712.47, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. EDUARDO
GONZALES, SPECIAL MAGISTRATE CASE NO.
CESD20100003073, RELATING TO PROPERTY LOCATED AT
2140 48TH STREET SW, COLLIER COUNTY, FLORIDA —
BASED ON 1,185 DAYS OF NON-COMPLIANCE WHICH WERE
BROUGHT INTO COMPLIANCE ON MAY 14, 2014
Item #16A35
Page 236
September 9, 2014
CORRECTION TO TWO SCRIVENER ERRORS ON THE 2014
TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
THE CITY OF NAPLES FOR FY 15 CATEGORY "A" CITY OF
NAPLES PROJECTS INCLUDING THE CITY OF NAPLES PIER
REPAIR
Item #16A36
RESOLUTION 2014-160: A RESOLUTION SUPPORTING THE
COUNTY'S APPLICATIONS TO THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP) FOR LONG
RANGE BUDGET PLAN REQUESTS FOR BEACH
RENOURISHMENT PROJECTS FOR FISCAL YEAR 2015/2016.
THIS ACTION MAINTAINS THE COUNTY'S ELIGIBILITY FOR
STATE COST SHARE FUNDING FOR FUTURE
RENOURISHMENT PROJECTS
Item #16A37
AFTER-THE-FACT APPROVAL FOR ZERO DOLLAR CHANGE
ORDER #1 TO QUALITY ENTERPRISES USA, INC.,
EXTENDING A WORK ORDER 16 DAYS, AND TO
AUTHORIZE FINAL PAYMENT TO THE VENDOR UNDER
CONTRACT NO. 08-5011, GOLDEN GATE ESTATES CULVERT
INSTALLATION PROJECT (PROJECT #60127) — EXTENDING
THE COMPLETION DATE THROUGH TO JUNE 28, 2014,
ALLOWING FOR FINAL PAYMENT FOR ADDITIONAL
ASPHALT WORK
Item #16A38
Page 237
September 9, 2014
RESOLUTION 2014-161 : A LOCAL AGENCY PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION IN WHICH COLLIER COUNTY WOULD
BE REIMBURSED UP TO $491,322 FOR THE CONSTRUCTION
OF VARIOUS SIDEWALKS IN GOLDEN GATE CITY (20TH CT.
SW, 46TH TERR. SW AND 48TH ST. SW), TO AUTHORIZE
EXECUTION OF THE NECESSARY BUDGET AMENDMENT
AND SUPPORTING RESOLUTION
Item #16A39
AN EASEMENT AGREEMENT REQUIRED FOR THE "CREWS
ROAD, COPE LANE AND SANDY LANE/WING SOUTH
INTERCONNECT" SEGMENT OF THE LELY AREA
STORMWATER IMPROVEMENT PROJECT (PROJECT #51101)
ESTIMATED FISCAL IMPACT: $20,100 — FOR FOLIO
#00407680007
Item #16A40
THE FLORIDA DEPARTMENT OF TRANSPORTATION'S
("FDOT") TIME EXTENSION TO DECEMBER 31, 2014 TO
COMPLETE PERFORMANCE UNDER JOINT PARTICIPATION
AGREEMENT PROJECT NUMBER 430874-1-93-01,"VIDEO
DETECTION EQUIPMENT PURCHASE FOR UPGRADE AT
VARIOUS LOCATIONS" — EXTENDING THE EXPIRATION
DATE FROM SEPTEMBER 15, 2014 TO DECEMBER 31, 2014,
FOR THE PROCUREMENT AND INSTALLATION OF THE
MOUNTING BRACKETS DUE TO A DELIVERY ISSUE
Item #16A41
Page 238
September 9, 2014
THE CREATION OF TWELVE (12) ADDITIONAL FULL TIME
EQUIVALENT (FTES) POSITIONS IN THE GROWTH
MANAGEMENT DIVISION IN RESPONSE TO INCREASED
CUSTOMER DEMAND. THE PROPOSED POSITIONS WILL BE
FUNDED WITH CURRENT USER FEE RESERVES, REQUIRE
NO ADDITIONAL FEES AND HAVE NO FISCAL IMPACT ON
THE GENERAL FUND — TO KEEP UP WITH THE DEMAND
AND LEVEL OF SERVICE
Item #16B1
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS ACTING IN ITS CAPACITY AS THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE
THE ATTENDANCE OF THREE CRA STAFF MEMBERS AND
ONE LOCAL CRA ADVISORY BOARD MEMBER AT THE
FLORIDA REDEVELOPMENT ASSOCIATION 2014 ANNUAL
CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES'
REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM
THE IMMOKALEE CRA TRUST FUND (FUND 186) TRAVEL
BUDGET IN A TOTAL AMOUNT NOT-TO-EXCEED $4800
($1200 PER PERSON X 4); DECLARE THE TRAINING
RECEIVED AS SERVING A VALID PUBLIC PURPOSE; AND
DIRECT THE COUNTY ATTORNEY TO AMEND THE
BYLAWS OF THE CRA, AND BRING BACK FOR BOARD
APPROVAL, TO EXPRESSLY AUTHORIZE TRAVEL
EXPENSES FOR ADVISORY BOARD MEMBERS WITH PRIOR
BOARD APPROVAL
Item #16C1
Page 239
September 9, 2014
RESOLUTION 2014-162: ADOPT A RESOLUTION APPROVING
SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR
CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2014
TAX YEAR
Item #16C2
A FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION CERTIFICATION OF FINANCIAL
RESPONSIBILITY FORM FOR THE SOUTH COUNTY WATER
RECLAMATION FACILITY INJECTION WELL, IW-1 —
CERTIFYING THAT THE COUNTY WILL BE
UNCONDITIONALLY OBLIGATED TO HAVE THE
FINANCIAL RESOURCES NECESSARY TO CLOSE, PLUG
AND OR ABANDON IF ITS DEEMED NECESSARY
Item #16C3
A $237,268 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-4 TO MITCHELL & STARK
CONSTRUCTION COMPANY, INC., FOR THE SOUTH
COUNTY REGIONAL WATER TREATMENT PLANT
REACTOR TANK 2 IMPROVEMENTS (PROJECT NO. 71065) —
IN ORDER TO MEET THE DEMAND FOR POTABLE WATER
THROUGHOUT THE COLLIER COUNTY WATER SERVICE
AREA
Item #16C4
Page 240
September 9, 2014
A $609,000 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-1 TO MITCHELL & STARK
CONSTRUCTION CO., INC., TO REPLACE PUMPS AND
MOTOR CONTROLS IN SLUDGE PUMP STATION NO. 3
UNDER NORTH COUNTY WATER RECLAMATION FACILITY
TECHNICAL SUPPORT PROJECT NO. 73968 — REPLACING 5
PUMPS AND MOTOR CONTROLS AT NCWRF'S SLUDGE
PUMP STATION #3 THAT TREATS 2.4 MILLION GALLONS OF
WATER PER DAY
Item #16C5
AWARD A CONTRACT FOR REQUEST FOR PROPOSAL #13-
6167R, "GENERATOR MAINTENANCE, REPAIR, AND
INSTALLATION," TO POWER PRO-TECH SERVICES, INC.
ESTIMATED ANNUAL FISCAL IMPACT IS APPROXIMATELY
$500,000
Item #16C6
REJECT ALL BIDS RECEIVED FOR INVITATION TO BID #14-
6269, "COLLIER COUNTY NORTHEAST RECYCLING DROP-
OFF CENTER," (PROJECT #59009) — MODIFYING THE DESIGN
TO FACILITATE ADDITIONAL SAFETY FEATURES AND
IMPROVE OPERATIONAL EFFICIENCY
Item #16C7
A BUDGET AMENDMENT IN THE AMOUNT OF $400,000 TO
PROJECT NO. 72505 TO UPGRADE THE PUBLIC UTILITIES
DIVISION'S FACILITIES LOCATED AT PELICAN BAY
Page 241
September 9, 2014
SERVICES TO MEET SAFETY AND COMPLIANCE
REGULATIONS AND DEPARTMENT OF HOMELAND
SECURITY STANDARDS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C8
A $298,400 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-3 TO DOUGLAS N. HIGGINS, INC., TO
REPLACE THE PIGGING RECEIVER STATION AT THE
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
(PROJECT NO. 70030) - MEETING THE DEMAND FOR
POTABLE WATER AND REMAIN IN REGULATORY
COMPLIANCE
Item #16D1
THE CHAIRMAN TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE DR. PIPER CENTER FOR
SOCIAL SERVICES, INC. TO PROVIDE VOLUNTEER
SERVICES FOR PARKS AND RECREATION CHILD CARE
PROGRAMS — FOR TUTORING AND MENTORING CHILDREN
IN AFTER SCHOOL PROGRAMS WITH VOLUNTEER
SERVICES IN THE FOSTER GRANDPARENT PROJECT
Item #16D2
AWARD RFP NO. 13-6146 "RADIO FREQUENCY
IDENTIFICATION SYSTEM" TO BIBLIOTHECA, LLC TO
PURCHASE AND IMPLEMENT A SELF-SERVICE CHECK-OUT
SYSTEM FOR LIBRARY MATERIALS AND APPROVE
Page 242
September 9, 2014
RELATED BUDGET AMENDMENTS - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D3
THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT ECONOMIC DEVELOPMENT
INITIATIVE GRANT CLOSEOUT AGREEMENT, CERTIFICATE
OF PROJECT COMPLETION, AND FEDERAL FINANCIAL
REPORT FOR THE IMMOKALEE SOUTH PARK PROJECT —
THE CERTIFICATE OF OCCUPANCY WAS ISSUED ON
JANUARY 9, 2014
Item #16D4 — Continued to the September 23, 2014 BCC Meeting
(Per Agenda Change Sheet)
AWARD INVITATION TO BID (ITB) NO. 14-6278RR FOR
"AQUATIC MAINTENANCE SUPPORT SERVICES" TO VISTA
POOLS, INC., TO PROVIDE PREVENTIVE AS WELL AS ON-
CALL MAINTENANCE AND REPAIR SUPPORT FOR
COUNTY-OWNED AND OPERATED AQUATIC FACILITIES.
ESTIMATED ANNUAL FISCAL IMPACT IS APPROXIMATELY
$80,000
Item #16D5
AUTHORIZE PAYMENT OF A $5,592.91 INVOICE FOR THE
PUBLIC'S USE OF SOVEREIGNTY SUBMERGED LANDS AT
COCOHATCHEE RIVER PARK, APPROVE SUBMITTAL OF
THE 2013/2014 FLORIDA ANNUAL WET SLIP REVENUE
REPORT FORM TO THE FLORIDA DEPARTMENT OF
Page 243
September 9, 2014
ENVIRONMENTAL PROTECTION AND AUTHORIZE THE
CHAIRMAN TO SIGN THE REVENUE REPORT
CERTIFICATION
Item #16D6
AUTHORIZE EXECUTION OF THE GRANT AWARD FOR THE
FEDERAL TRANSIT ADMINISTRATION 49 U.S.C. § 5307 FY14
GRANT AWARD IN THE AMOUNT OF $2,888,127 AND
APPROPRIATE A BUDGET AMENDMENT TO ALLOW
CONTINUOUS OPERATION OF THE COLLIER AREA
TRANSIT SYSTEM PRIOR TO THE EXECUTION OF SAID
GRANT AWARD — FOR UNINTERRUPTED TRANSIT
SERVICES IN COLLIER COUNTY
Item #16D7
EXECUTION OF THE 2013/2014 FEDERAL HIGHWAY
ADMINISTRATION FLEXIBLE FUNDS GRANT AWARD IN
THE AMOUNT OF $1,186,348 FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE COLLIER AREA TRANSIT
ADMINISTRATION, OPERATIONS & MAINTENANCE
FACILITY LOCATED AT 8300 RADIO ROAD AND
AUTHORIZE A BUDGET AMENDMENT — THIS PHASE WILL
INCLUDE A BUS WASH FACILITY AND PASSENGER
CANOPY
Item #16D8
THE "AFTER THE FACT," SUBMITTAL OF THE ATTACHED
GRANT APPLICATION FOR A PROJECT PROPOSAL TO THE
Page 244
September 9, 2014
FEDERAL TRANSIT ADMINISTRATION FOR THE BUS AND
BUS FACILITIES PROGRAM, LADDERS OF OPPORTUNITY
INITIATIVE FOR A TOTAL FUNDING REQUEST OF $3,487,850
Item #16D9
RESOLUTION 2014-163: A RESOLUTION MEMORIALIZING
THE BOARD'S JULY 8, 2014, AFFIRMATIVE VOTE
APPROVING A JOINT PARTICIPATION AGREEMENT TO
PROVIDE OPERATING AND MARKETING FUNDING FOR
ESTABLISHING A NEW COLLIER AREA TRANSIT ROUTE TO
SERVICE COLLIER BOULEVARD AND IMMOKALEE ROAD
AND AUTHORIZING ITS CHAIRMAN TO SIGN THE
AGREEMENT
Item #16D10
RECOGNIZING FY 2014/2015 FEDERAL TRANSIT
ADMINISTRATION SECTION 5311 ADDITIONAL REVENUE
UP TO $404,500, AUTHORIZE THE PUBLIC SERVICES
ADMINISTRATOR TO EXECUTE THE NOTIFICATION OF
FUNDING AWARD AND APPROVE APPROPRIATE BUDGET
AMENDMENTS TO MINIMIZE THE USE OF LOCAL FUNDS
FOR THE COLLIER AREA TRANSIT SYSTEM — IN ORDER TO
EXPEDITE FUND AND PREVENT THE EXCESSIVE USE OF
COUNTY FUNDS
Item #16D11
RECOGNIZING FY 2014/2015 STATE PUBLIC TRANSIT
BLOCK GRANT ADDITIONAL REVENUE UP TO $910,079,
Page 245
September 9, 2014
AUTHORIZE THE PUBLIC SERVICES ADMINISTRATOR TO
EXECUTE THE NOTIFICATION OF FUNDING AWARD AND
APPROVE APPROPRIATE BUDGET AMENDMENTS TO
PREVENT DELAY OF THE USE OF GRANT FUNDS FOR THE
COLLIER AREA TRANSIT SYSTEM — IN ORDER TO
EXPEDITE FUND AND PREVENT THE EXCESSIVE USE OF
COUNTY FUNDS
Item #16D12
THE SHIP ANNUAL REPORT AND AUTHORIZE THE
CHAIRMAN TO SIGN THE "CERTIFICATION FOR
IMPLEMENTATION OF REGULATORY REFORM ACTIVITIES
REQUIRED BY SHIP" AND SHIP CERTIFICATION FOR
FISCAL YEAR 2011/2012 TO ENSURE COMPLIANCE WITH
PROGRAM REQUIREMENTS — THESE ARE NECESSARY TO
KEEP COLLIER COUNTY IN COMPLIANCE WITH
REPORTING REQUIREMENTS OF THE SHIP PROGRAMS
Item #16D13
THE SECOND AMENDMENT TO THE HOME INVESTMENT
PARTNERSHIP PROGRAM AGREEMENT WITH BIG CYPRESS
HOUSING CORPORATION TO EXTEND THE PROJECT
COMPLETION DATE AND MILESTONE DEADLINES —
EXTENDING THE COMPLETION DATE FROM OCTOBER 31,
2015 TO APRIL 30, 2016
Item #16D14
RESOLUTION 2014-164: A RESOLUTION AUTHORIZING THE
Page 246
September 9, 2014
COUNTY MANAGER OR DESIGNEE TO SIGN ALL
DOCUMENTS NECESSARY TO REPORT INFORMATION ON
WETSLIPS TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND TO TAKE ALL
ACTIONS NECESSARY TO ENSURE TIMELY PAYMENT OF
INVOICES FOR RELATED SOVEREIGNTY SUBMERGED
LAND LEASE FEES
Item #16D15
PEPPER RANCH PRESERVE TRAIL NAMES SELECTED BY
VOLUNTEERS AND OTHER USER GROUPS TO DELINEATE
SEPARATE TRAILS AND TO ENSURE PUBLIC SAFETY — THE
VISITORS CENTER TRAIL WILL BE KOWACHOBE TRAIL,
THE CENTER HORSEBACK RIDING/HIKING TRAIL WILL BE
TUSCAWILLA TRAIL AND THE SOUTHWEST HORSEBACK
RIDING/HIKING TRAIL WILL BE SUNFLOWER TRACE TRAIL
Item #16D16
THE FY2014-2015 STATE AID TO LIBRARIES GRANT
AGREEMENT, TECHNOLOGY PLAN, AND CURRENT YEAR
ACTION PLAN, AUTHORIZING THE COLLIER COUNTY
PUBLIC LIBRARY TO APPLY FOR STATE AID TO LIBRARIES
IN THE ESTIMATED AMOUNT OF $282,851 — TO BE UTILIZED
FOR OPERATING PURPOSES, PERSONNEL, MATERIALS AND
EQUIPMENT BUT NOT FOR CAPITAL CONSTRUCTION
Item #16D17 — Continued to the September 23, 2014 BCC Meeting
(Per Agenda Change Sheet)
Page 247
September 9, 2014
TWO MODIFICATIONS TO DISASTER RECOVERY GRANT
AGREEMENTS FOR DISASTER RELIEF AND LONG TERM
RECOVERY OR MITIGATION WITH THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY, AND
APPROVE TWO ASSOCIATED SUBRECIPIENT AGREEMENT
AMENDMENTS. THE PROPOSED MODIFICATIONS DO NOT
CHANGE THE AMOUNT OF THE GRANT AWARD — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D18
FOUR ANNUAL ECDBG ACCESS AUTHORIZATION FORMS
FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY FOR DISASTER RECOVERY
GRANTS. APPROVAL OF THIS ITEM WILL SERVE AS THE
COUNTY'S OFFICIAL DESIGNATION OF SPECIFIC
PERSONNEL AUTHORIZED TO USE THE ECDBG SYSTEM —
AUTHORIZING EDMOND KUSHI AND LISA OIEN AS THE
GRANT ADMINISTRATORS
Item #16D19
RESOLUTION 2014-165: A RESOLUTION AUTHORIZING THE
REMOVAL OF AGED ACCOUNTS RECEIVABLE IN THE
AMOUNT OF $630,326.41 CONSIDERED UNCOLLECTIBLE
FROM THE FINANCIAL RECORDS OF THE COLLIER
COUNTY PUBLIC LIBRARY IN ACCORDANCE WITH
RESOLUTION NO. 2006-252
Item #16D20
Page 248
September 9, 2014
THE SELECTION COMMITTEE RANKINGS AND AUTHORIZE
ENTERING INTO NEGOTIATIONS WITH Q GRADY MINOR
AND ASSOCIATES, P.A. FOR A CONTRACT RELATED TO
REQUEST FOR PROPOSAL NO. 14-6301, "DESIGN SERVICES
FOR CLAM PASS PARK BOARDWALK AND RESTROOM
FACILITY" — THIS PROJECT WAS APPROVED BY THE PARK
AND RECREATION ADVISORY BOARD ON MAY 16, 2007
AND THE TDC APPROVED ON MAY 29, 2007
Item #16D21
AWARD THE INVITATION TO BID NO. 14-6310 "BURIAL AND
CREMATION SERVICES" TO GARFIELD FAMILY FUNERAL
& CREMATION SERVICES, INC. ESTIMATED ANNUAL
FISCAL IMPACT IS $27,500 — FOR THE INDIGENT
COMMUNITY AND UNCLAIMED DECEASED OF COLLIER
COUNTY
Item #16D22
THE FIRST AMENDMENT TO AN AGREEMENT WITH THE
BOYS & GIRLS CLUB OF COLLIER COUNTY FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT SITE DESIGN,
PLAN, AND PERMITTING PROJECT TO EXTEND THE
COMPLETION DATE AND CLARIFY DELIVERABLES TO
SATISFY FEDERAL COMPLIANCE REQUIREMENTS OF
MEETING A NATIONAL OBJECTIVE — EXTENDING THE
COMPLETION DATE FROM NOVEMBER 10, 2014 TO
JANUARY 9, 2017, AND ADDING LANGUAGE THAT WILL
IMPOSE SANCTIONS FOR NON-PERFORMANCE AND OR
NON-TIMELY PERFORMANCE TO SATISFY COMPLIANCE
Page 249
September 9, 2014
REQUIREMENTS
Item #16D23
AN EXTENSION THROUGH THE 2014-2015 SCHOOL YEAR
FOR THE LIBRARY ELECTRONIC ASSISTANCE PROGRAM
TO CONTINUE TO PROVIDE TECHNOLOGY ASSISTANCE
SERVICES TO LIBRARY PATRONS — TO EXTEND THE LEAP
PROGRAM BECAUSE OF INITIAL HIRING DELAYS
Item #16D24
EXECUTE THE UNDERGROUND DISTRIBUTION FACILITIES
INSTALLATION AGREEMENT AND THE DOCUMENTS
NECESSARY TO CONVEY AN EASEMENT TO FLORIDA
POWER AND LIGHT CO. FOR THE INSTALLATION OF
ELECTRICAL SERVICE RELATED TO THE COMMUNITY
CENTER AT EAGLE LAKES COMMUNITY PARK (PROJECT
NO. 80184) - PROVIDING ELECTRICAL SERVICES TO THE
DONNA FIALA COMMUNITY CENTER AT EAGLE LAKES
COMMUNITY PARK
Item #16E1
RECOGNIZE CARRY-FORWARD FROM ACCRUED INTEREST
EARNED BY EMS COUNTY GRANT REVENUE AND
APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $49.93
Item #16E2
RATIFY PROPERTY, CASUALTY, WORKERS
Page 250
September 9, 2014
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE
THIRD QUARTER OF FY 14
Item #16E3
A MEMORANDUM OF AGREEMENT BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF HEALTH AND COLLIER
COUNTY EMERGENCY MEDICAL SERVICES AS THE
CHEMPACK CACHE LOCATION FOR THE PURPOSE OF
RESPONDING TO ACTS OF CHEMICAL EMERGENCIES
POSING A PUBLIC HEALTH CRISIS — FOR RESPONDING TO
ACTS OF CHEMICAL TERRORISM OR OTHER
EMERGENCIES POSING A PUBLIC HEALTH CRISIS
Item #16E4
COUNTY MANAGER AND STAFF TO USE THE FEDERAL
GSA SCHEDULES (I.E., SCHEDULE 70 AND 1122 PROGRAM),
THE STATE OF FLORIDA CONTRACTS, AGREEMENTS
AND PRICE LISTS, COMPETITIVELY SOLICITED
CONTRACTS BY US COMMUNITIES, WESTERN STATES
CONTRACTING ALLIANCE, NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA),
NATIONAL JOINT POWERS ALLIANCE (NJPA) PUBLIC
PURCHASING CONSORTIUMS, COMPETITIVE
SOLICITATIONS FROM STATE OF FLORIDA CITIES,
COUNTIES, AND OTHER PUBLIC MUNICIPALITIES (I.E.,
SHERIFF'S ASSOCIATION; TRANSIT CONSORTIUM BUS
PROCUREMENT CONTRACT) FOR THE EFFICIENT
Page 251
September 9, 2014
PURCHASE OF GOODS AND SERVICES FOR THE DELIVERY
OF PUBLIC SERVICES AND FOR WHICH FUNDS WERE
APPROVED IN OPERATING BUDGETS; AND AUTHORIZE
THE COUNTY MANAGER TO SIGN USER AGREEMENTS OR
CONTRACTS ASSOCIATED WITH THESE PURCHASES — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16E5
AWARD OF REQUEST FOR PROPOSAL 14-6219 FULL
SERVICE AUCTIONEER TO ATKINSON REALTY AND
AUCTION, INC. FOR THE COUNTY'S ON-SITE AND ON-LINE
AUCTIONS FOR THE DISPOSAL OF COUNTY SURPLUS
PROPERTY
Item #16E6
AWARD ITB #14-6304, "AIR FILTRATION SERVICES," TO
KLEEN AIR RESEARCH, INC. ESTIMATED
ANNUAL EXPENDITURES TOTAL $135,000 — REMOVING,
REPLACING AND INSTALLING AIR FILTERS THROUGHOUT
ALL COLLIER COUNTY GOVERNMENT BUILDINGS
Item #16E7
AWARD REQUEST FOR PROPOSAL #14-6293, ONSITE
MEDICAL CLINIC, TO MILLENNIUM PHYSICIAN GROUP,
LLC, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
CONTRACT AFTER FINAL REVIEW BY THE OFFICE OF THE
COUNTY ATTORNEY. TOTAL ESTIMATED COST TO
Page 252
September 9, 2014
PROVIDE THE OPTION 1 SERVICES (CURRENT CLINIC
MODEL) AS OUTLINED IN THE RFP IS $523,728 PER YEAR
Item #16E8
RESOLUTION 2014-166: A FLORIDA EMERGENCY MEDICAL
SERVICES COUNTY GRANT APPLICATION, REQUEST FOR
GRANT FUND DISTRIBUTION FORM AND RESOLUTION FOR
THE FUNDING OF MEDICAL/RESCUE EQUIPMENT IN THE
AMOUNT OF $72,843 AND TO APPROVE A BUDGET
AMENDMENT
Item #16E9
REPORTS AND RATIFY STAFF-APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS — FOR THE
PERIOD OF JULY 25, 2014 TO AUGUST 22, 2014
Item #16E10
RENEW THE ANNUAL CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS
MEDICAL TRANSPORT, INC., TO PROVIDE CLASS 2 INTER-
FACILITY TRANSPORT AMBULANCE SERVICE FOR A
PERIOD OF ONE YEAR —PROVIDES TRANSFER SERVICES
WITHIN AND OUTSIDE THE COUNTY
Item #16F1
BOARD RATIFICATION OF SUMMARY, CONSENT AND
EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY
Page 253
September 9, 2014
MANAGER DURING THE BOARD'S SCHEDULED RECESS.
(IN ABSENTIA MEETING(S) DATED JULY 22, 2014; AUGUST
12, 2014; AND AUGUST 26, 2014)
Item #16F 1 A — July 22, 2014
RESOLUTION 2014-157: A RESOLUTION FIXING THE DATE,
TIME AND PLACE FOR THE PUBLIC HEARING FOR
APPROVING THE SPECIAL ASSESSMENT (NON-AD
VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE
PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE
OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION
OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND
MAINTENANCE OF CONSERVATION OR PRESERVE AREAS,
AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR
AMBIENT NOISE MANAGEMENT, MAINTENANCE OF
CONSERVATION PRESERVE AREAS, INCLUDING THE
RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM,
STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN
AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41
ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN
THE PELICAN BAY MUNICIPAL SERVICE TAXING AND
BENEFIT UNIT
Item #16F 1 B — July 22, 2014
AMENDMENT NO. 1 TO THE STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM SUBRECIPIENT AGREEMENT
WITH CENTRO CAMPESINO FARMWORKER CENTER, INC.
Page 254
September 9, 2014
TO SHIFT AMOUNTS BETWEEN FISCAL FINDING YEARS AS
IDENTIFIED ON THE BUDGET NARRATIVE (EXHIBIT B)
Item #16F 1 C — July 22, 2014
AMENDMENT #0001 TO THE CRIMINAL JUSTICE, MENTAL
HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT
AGREEMENT ADDING A PROVISION FOR PROPER
ACCOUNTABILITY OF STATE RESOURCES AND
REQUIREMENTS FOR THE PURCHASE OF TANGIBLE
PERSONAL PROPERTY
Item #16F 1 D — July 22, 2014
DISBURSEMENT FOR THE PERIOD OF JULY 2, 2014
THROUGH JULY 9, 2014
Item #16F 1 E — July 22, 2014
DISBURSEMENT FOR THE PERIOD OF JULY 10, 2014
THROUGH JULY 16, 2014
Item #16F 1 F — July 22, 2014
AMENDMENT NO. 4 TO THE SUBRECIPIENT AGREEMENT
WITH THE IMMOKALEE COMMUNITY REDEVELOPMENT
AGENCY FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT FIRST STREET PLAZA (AKA ZOCALO) PROJECT TO
EXTEND THE PROJECT COMPLETION DATE AND UPDATE
THE RETAINAGE LANGUAGE
Page 255
September 9, 2014
Item #16F 1 A — August 12, 2014
DISBURSEMENT FOR THE PERIOD OF JULY 17, 2014
THROUGH JULY 23, 2014
Item #16F 1 B — August 12, 2014
DISBURSEMENT FOR THE PERIOD OF JULY 24, 2014
THROUGH JULY 30, 2014
Item #16F 1 C — August 12, 2014
ACCEPT REPORTS AND RATIFY STAFF APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS — FOR THE
PERIOD OF JUNE 27, 2014 THROUGH JULY 24, 2014
Item #16F 1 D — August 12, 2014
DISBURSEMENT FOR THE PERIOD OF JULY 31, 2014
THROUGH AUGUST 6, 2014
Item #16F 1 E — August 12, 2014
TWO (2) MODIFICATIONS TO DISASTER RECOVERY GRANT
AGREEMENTS FOR DISASTER RELIEF AND LONG TERM
RECOVERY OR MITIGATION WITH THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY, APPROVE
REALLOCATION OF UNUSED FINDS WITHIN BUDGETS TO
PREPARE FOR CLOSEOUT, AND EXTEND AGREEMENTS
Item #16F 1 F — August 12, 2014
Page 256
September 9, 2014
AUTHORIZE THE CHAIRMAN TO SIGN A SATISFACTION
AND RELEASE OF LIEN FOR PAYMENT OF COUNTYWIDE
IMPACT FEES
Item #16F 1 G — August 12, 2014
A TEMPORARY USE AGREEMENT FOR THE NO COST USE
OF FURNISHED OFFICE SPACE FOR THE INITIAL
IMPLEMENTATION OF THE SOFT LANDING BUSINESS
ACCELERATOR PROJECT
Item #16F 1 A — August 26, 2014
DISBURSEMENTS FOR THE PERIOD OF AUGUST 7, 2014
THROUGH AUGUST 13, 2014
Item #16F 1 B — August 26, 2014
THE USE OF $500 FOR THE CONFISCATED TRUST FUNDS TO
SUPPORT THE FLORIDA MISSING CHILDREN'S DAY
FOUNDATION
Item #16F 1 C — August 26, 2014
THE USE OF $500 FROM THE CONFISCATED TRUST FUNDS
TO SUPPORT THE FLORIDA SHERIFF'S YOUTH RANCH
Item #16F 1 D — August 26, 2014
THE BOARD OF COUNTY COMMISSIONERS SERVING AS
Page 257
September 9, 2014
THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S
FEDERAL FISCAL YEAR 2014 EDWARD BYRNE MEMORIAL,
JUSTICE ASSISTANCE GRANT (JAG) COUNTYWIDE
PROGRAM AND AUTHORIZE THE CHAIRMAN TO EXECUTE
THE CERTIFICATION OF PARTICIPATION, DESIGNATE THE
SHERIFF AS THE OFFICIAL APPLICANT. SHERIFF'S OFFICE
STAFF AS GRANT FINANCIAL AND PROGRAM MANAGERS,
APPROVE THE GRANT APPLICATION WHEN COMPLETED,
AND AUTHORIZE ACCEPTANCE OF AWARDS AND
ASSOCIATED BUDGET AMENDMENTS
Item #16F 1 E — August 26, 2014
THE BOARD ACCEPTS THE INVESTMENT UPDATE REPORT
FOR THE QUARTER ENDED JUNE 30, 2014
Item #16F 1 F — August 26, 2014
REJECT INVITATION TO BID (ITB) #13-6165R FOR
PLUMBING CONTRACTORS
Item #16F2
AN ALTERNATIVE WATER AND SEWER IMPACT FEE
CALCULATION AND APPROVE A REIMBURSEMENT OF
WATER AND SEWER IMPACT FEES IN THE AMOUNT OF
$43,047.50 TO DISCOVERY VILLAGE AS A RESULT OF THE
ALTERNATIVE IMPACT FEE CALCULATION — EXPANDING
THE COUNTY'S INFRASTRUCTURE NECESSARY TO
ACCOMMODATE GROWTH
Page 258
September 9, 2014
Item #16F3
RESOLUTION 2014-167: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2013-14 ADOPTED BUDGET
Item #16F4
BUDGET AMENDMENTS APPROPRIATING
APPROXIMATELY $297,982,968.68 OF UNSPENT FY 2014
GRANT AND CAPITAL PROJECT BUDGETS INTO FISCAL
YEAR 2015 — FOR CAPITAL PROJECTS, GRANTS AND
MATCH MONEY
Item #16F5
TOURISM DEVELOPMENT GRANT APPLICATION
AGREEMENTS FOR FY 15 CATEGORY B ($50,000) AND
CATEGORY C-2 ($150,000), TO WAIVE THE TDC GRANT
APPLICATION GUIDELINES FOR MULTIPLE YEAR
APPLICANTS, AND MAKE A FINDING THAT THIS ACTION
PROMOTES TOURISM — CATEGORY B MARKETING &
EVENTS GRANTS ARE AS FOLLOWS: ARTS NAPLES WORLD
FESTIVAL, INC. AND BETTERMENT ASSOCIATION OF THE
EVERGLADES AREA, INC. — EVERGLADES SEAFOOD
FESTIVAL; CATEGORY C NON COUNTY OWNED/OPERATED
MUSEUMS ARE AS FOLLOWS: HOLOCAUST MUSEUM OF
SW FLORIDA AND GOLISANO CHILDREN'S MUSEUM OF
NAPLES, INC.
Page 259
September 9, 2014
Item #16F6
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY — TO
ESTABLISH AN AUDIO/VIDEO CONNECTIVITY FOR
FUELING OPERATIONS AT THE COCOHATCHEE PARK, A
LIGHT POLE AT THE BAYVIEW BOAT RAMP, OUT-OF-
HOUSE SPAY/NEUTER SERVICES, CAT TREES, FIXED
ROUTE CAT OPERATIONS, REPAIRS TO CRAYTON AND
PELICAN BAY BLVD.
Item #16G1
EXECUTE A COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE WITH THE ARMORY BOARD FOR
VACANT LAND AT THE IMMOKALEE AIRPORT — A FOUR
ACRE VACANT LAND LEASE FOR STORING
CONSTRUCTION EQUIPMENT AND VEHICLES CONDUCTED
BY THE NATIONAL GUARD AT THE IMMOKALEE AIRPORT
Item #16H1 — Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO APPOINT ONE MEMBER TO THE
PELICAN BAY SERVICES DIVISION BOARD
Item #16H2
RESOLUTION 2014-168: APPOINT A MEMBER TO THE
CONSUMER ADVISORY BOARD — APPOINTING JEFFREY
Page 260
September 9, 2014
WILLIAMS WITH TERM TO EXPIRE ON DECEMBER 1, 2016
Item #16H3
RESOLUTION 2014-169: APPOINT A MEMBER TO THE ROCK
ROAD IMPROVEMENT MSTU ADVISORY COMMITTEE —
APPOINTING CHARLES R. WILSON WITH TERM TO EXPIRE
ON JULY 26, 2017
Item #16H4
RESOLUTION 2014-170: REAPPOINTMENT OF TWO
MEMBERS TO THE COLLIER COUNTY PLANNING
COMMISSION — REAPPOINTING KAREN J. HOMIAK FOR
DISTRICT 1, DIANE K. EBERT FOR DISTRICT 3, BOTH TO
SERVE A FOUR YEAR TERM
Item #16J1
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL
ELECTION ACTIVITIES FUNDS WITH A 15% MATCHING
CONTRIBUTION AND TO AUTHORIZE THE BOARD
CHAIRMAN TO SIGN THE CERTIFICATE REGARDING
MATCHING FUNDS AND CERTIFICATE OF EQUIPMENT FOR
CASTING AND COUNTING BALLOTS
Item #16J2
A BUDGET AMENDMENT IN THE AMOUNT OF $350,000 TO
REIMBURSE THE SHERIFF FOR CRIMINAL JUSTICE
Page 261
September 9, 2014
TRAINING AND EDUCATIONAL EXPENSES IN
ACCORDANCE WITH SECTION 938. 15, FLORIDA STATUTE
Item #16J3
DISBURSEMENTS FOR THE PERIOD OF AUGUST 14, 2014
THROUGH AUGUST 20, 2014
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF AUGUST 21, 2014
THROUGH AUGUST 27, 2014
Item #16K1
INFORMED, WRITTEN CONSENT AND WAIVING ANY
CONFLICT THAT THE BOARD OF BOARD OF COUNTY
COMMISSIONERS MAY HAVE WITH ITS ONGOING
EMPLOYMENT OF BURT SAUNDERS WITH THE LAW FIRM
GRAY ROBINSON, P.A., AS ONE OF THE COUNTY'S STATE
LOBBYISTS, AND AS TO THE RETENTION OF THE LAW
FIRM NABORS GIBLIN & NICKERSON, P.A., AS TO THEIR
RESPECTIVE REPRESENTATIONS OF THE ORANGE TREE
UTILITY COMPANY AND COLLIER COUNTY RELATING TO
THE ACQUISITION AND LITIGATION CONCERNING THE
ORANGE TREE UTILITY COMPANY
Item #16K2
A WORK ORDER UNDER CONTRACT NO. 13-6164,
PROFESSIONAL SERVICES: ARCHITECT AND
Page 262
September 9, 2014
ENGINEERING, TO AECOM TECHNICAL SERVICES, INC., TO
PROVIDE TECHNICAL AND CONSULTING SERVICES
ASSOCIATED WITH IDENTIFYING ENVIRONMENTAL
IMPACTS RESULTING FROM THE OIL
EXPLORATION/PRODUCTION INDUSTRY IN COLLIER
COUNTY, FLORIDA AND APPROVE ALL NECESSARY
FY2015 BUDGET AMENDMENTS — WHICH WILL INCLUDE
AN ANALYSIS OF PAST DRILLING COMPARING IT TO
DIRECTIONAL DRILLING AND HYDRAULIC FRACTURING
Item #16K3
FILING A SECOND APPEAL FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY'S (FEMA) FIRST
APPEAL LEVEL DECISION CONCERNING THE HURRICANE
WILMA (FEMA-1609-DR-FL) PW-2700 FUND DEOBLIGATION
IN THE AMOUNT OF $11,172,272; THE EXPENDITURE OF
ADDITIONAL FUNDS FOR LEGAL AND ENGINEERING
EXPENSES; AND APPROVE ALL NECESSARY BUDGET
AMENDMENTS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #17A
RESOLUTION 2014-171 : A RESOLUTION RENAMING
INVERNESS CLUB DRIVE TO NAPLES LAKES BOULEVARD,
WHICH STREET IS 0.9 MILES IN LENGTH, LOCATED IN
NAPLES LAKES COUNTRY CLUB SUBDIVISION, ON THE
NORTHWEST CORNER OF THE RATTLESNAKE HAMMOCK
ROAD (C.R. 864) AND COLLIER BOULEVARD (C.R. 951)
INTERSECTION, IN SECTION 15, TOWNSHIP 50 SOUTH,
Page 263
September 9, 2014
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [SNR-
PL20140000191]
Item #17B
RESOLUTION 2014-172: PETITION AVPLAT-PL20140000399,
TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN THE 10-FOOT DRAINAGE
EASEMENT LOCATED ALONG THE BORDER BETWEEN
LOTS 15 & 16, BLOCK "L" OF CONNER'S VANDERBILT
BEACH ESTATES, UNIT NO. 2, AS RECORDED IN PLAT
BOOK 3, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, IN SECTION 29, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND TO
ACCEPT PETITIONER'S GRANT OF A 9-FOOT DRAINAGE
EASEMENT TO REPLACE THE VACATED DRAINAGE
EASEMENT
Item #17C
ORDINANCE 2014-34: AN ORDINANCE AMENDING
ORDINANCE NO. 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 A RURAL
AGRICULTURAL DISTRICT (A) AND RURAL
AGRICULTURAL DISTRICT WITHIN A SPECIAL
Page 264
September 9, 2014
TREATMENT OVERLAY (A-ST) TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
FOR THE PROJECT KNOWN AS RMC-ENCLAVE RPUD TO
ALLOW CONSTRUCTION OF A MAXIMUM OF 114 SINGLE
FAMILY OR MULTI-FAMILY DWELLING UNITS OR UP TO
350 GROUP HOUSING UNITS FOR SENIORS ON PROPERTY
LOCATED IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.38±
ACRES; AND BY PROVIDING AN EFFECTIVE DATE
[PETITION: PUDZ-PL20120001981]
Item #17D
RESOLUTION 2014-173: 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
Item #17E
RESOLUTION 2014-174: A RESOLUTION AMENDING
SCHEDULES ONE AND 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
Page 265
September 9, 2014
DATES ON OCTOBER 1, 2014; OCTOBER 1, 2015; AND
OCTOBER 1, 2016
Item #17F
RESOLUTION 2014-175 (DISTRICT I) & RESOLUTION 2014-176
(DISTRICT II): APPROVING PRELIMINARY ASSESSMENT
ROLLS AS THE FINAL ASSESSMENT ROLLS AND ADOPTING
SAME AS THE NON-AD VALOREM ASSESSMENT ROLLS
FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF
COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA
STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE
BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE
DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST
CERTAIN RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY
OF MARCO ISLAND AND THE CITY OF EVERGLADES CITY,
PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54
Item #17G
RESOLUTION 2014-177: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2013-14 ADOPTED BUDGET
Page 266
September 9, 2014
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:53 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIS RIOTS UNDER ITS CONTROL
/ -
TOM HE G AIRMAN
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DWIGHT •B Cib , CLERK
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These minutes approved by the Board on Ic(i 4 2oi& ,
as presented 1.," or as corrected
I
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 267