BCC Minutes 02/24/2015 R BCC
REGULAR
MEETING
MINUTES
February 24, 2015
February 24, 2015
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 24, 2015
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: Tim Nance
Donna Fiala
Penny Taylor
Georgia Hiller
Tom Henning
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
February 24, 2015
9:00 AM
Commissioner Tim Nance, District 5— BCC Chair
Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Chair
Commissioner Penny Taylor, District 4— TDC Chair; CRA Vice-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER 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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February 24,2015
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 Chorny - 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. January 27, 2015 - BCC/Regular Meeting
C. February 3, 2015 - BCC/Library Workshop
3. SERVICE AWARDS — EMPLOYEE
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February 24, 2015
A. 20 Year Attendees
1) Jerry Tharp - Risk Management
B. 25 Year Attendees
1) Karen Kocses - Library
2) Lisa Taylor - Transportation Administration
C. 30 Year Attendees
1) Jean Jourdan - Community Redevelopment Agency
2) Richard Winans - Road Maintenance
4. PROCLAMATIONS
A. Proclamation designating February 2015 as Literacy Month in Collier
County and recognizing the "Bring a Book, Bring a Friend" program of the
K is for Kids Foundation which provides books to children in need. To be
accepted by Karen Clawson, K is for Kids Founder and Executive Director,
volunteers and students.
B. Proclamation designating March 2015 as Women's History Month and
recognizing the unique role of women throughout history. To be accepted
by Annette Smith, Kathleen Mayo, Lisa Freund and Lovi Holland of the
Naples/Ft. Myers Chapter of National Organization for Women.
C. Proclamation recognizing all Publix Supermarkets in Collier County for
their efforts in recycling and reducing waste, with a special recognition of
Publix store #1458 (Kings Lake) as the recipient of Collier County
Hazardous and Solid Waste Department's Waste Reduction Awards Program
(WRAP) Award. To be accepted by Scot Oehmigen, Publix Store #1458
Manager and Kim Brunson, Publix Recycling and Solid Waste Program
Manager.
D. Proclamation recognizing and honoring the work of the PACE Center for
Girls of Collier County. To be accepted by Claudine Leger-Wetzel,
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February 24, 2015
Marianne Kearns, Angelina Spencer, Libby Fero and Stacey Herring.
5. PRESENTATIONS
A. Recommendation to recognize Kurt Vega, Wastewater Department
Instrumentation & Electrical Technician, as the Employee of the Month for
January 2015.
B. Presentation of the 2014 Domestic Wastewater Plant Operations Excellence
Award to the North County Wastewater Reclamation Facility, in recognition
of outstanding treatment plant operations, maintenance, and compliance. To
be presented by Jon Iglehart , District Director, Florida Department of
Environmental Protection, and accepted by Dr. George Yilmaz, Director,
Collier County Public Utilities Department and Beth Johnssen, Division
Director, Collier County Wastewater.
C. Recognition of Ron Jamro, Director of the Collier County Museum, for
being selected as the winner of the 2014 "Star in the Arts" award bestowed
by the United Arts Council of Collier County.
6. PUBLIC PETITIONS
A. Public Petition request from Ms. Jennifer Wallace requesting the
establishment of the Birdsong Lane Municipal Service Benefit Unit (MSBU)
and Municipal Service Taxing Unit (MSTU). The purpose of the MSBU
would be to perform a one-time upgrade to Birdsong Lane and the purpose
of the MSTU would be to maintain the upgraded Birdsong Lane.
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#9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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February 24, 2015
10. BOARD OF COUNTY COMMISSIONERS
A. This item continued from the February 10, 2015 BCC Meeting.
Recommendation that the Board of County Commissioners recreates the
Executive Director position for the Bayshore Gateway Triangle Community
Redevelopment Agency (CRA) and appoints Jean Jourdan as its Executive
Director, making her a direct report to the Collier County Redevelopment
Agency, and direct the County Attorney to work with the Chair of the CRA
and Ms. Jourdan on an employment agreement. (Commissioner Fiala)
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Contract No. 14-6289, Design-Build Golden
Gate Boulevard 4-Lane, East of Wilson Boulevard, to Ajax Paving
Industries of Florida, LLC, in the amount of$19,430,000, Project No.
60040. (Jay Ahmad, Transportation Engineering Director)
B. Recommendation to authorize the creation of ten (10) additional Full Time
Equivalent (FTE) 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. (James French, Growth Management Deputy
Administrator)
C. Recommendation to authorize the conversion of 20 job bank and four
contract labor positions to create 24 Full Time Equivalent positions in the
Public Utilities Division to respond to the growth in the demand for services.
(George Yilmaz, Public Utilities Administrator)
D. Recommendation to approve the attached agreement with Position Logic,
LLC, an existing Collier County technology firm, providing for a Business
Location Inducement Grant of$117,600 as an incentive for this company to
expand and maintain its operations in Collier County. (Bruce Register,
Office of Business and Economic Development Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
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February 24,2015
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2014 and
authorization to file the related State of Florida Annual Local Government
Financial Report with the Department of Financial Services.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule.
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to hear Land Development Code Amendment
5.05.05 Automobile Service Stations at two regularly scheduled
daytime hearings and waive the night hearing requirement. This
amendment proposes to add a conditional use to several zoning
categories.
2) Recommendation to award Invitation to Bid (ITB) #14-6247 for
Purchase and Deliveries of Fungicides, Pesticides and Herbicides to
multiple vendors, Aligare LLC, Crop Production Services, Inc.,
Helena Chemical Company, Red River Specialties, Inc., John Deere
Landscapes, and Univar USA, Inc.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
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February 24,2015
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Lipari - Ponziane, Block
"B" Replat Application Number PL20140002796.
4) Recommendation to approve an extension of two years for completion
of subdivision improvements associated with Orange Blossom Ranch
Phase 1A (AR-7186) and Orange Blossom Ranch Phase 1B (AR-
7431).
5) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 105870794 in the amount of$26,380 which
was posted as a guaranty for Excavation Permit Number 59.902,
(PL20130002701) for work associated with Arthrex Commerce Park.
6) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$25,000 which was posted as a guaranty for
Excavation Permit Number 60.088, (PL20130000154) for work
associated with the Sabal Bay Commercial Plat - Phase Four.
7) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Bucks Run Reserve
Application Number AR-7597 with the roadway and drainage
improvements being privately maintained, authorizing the release of
the maintenance security in the form of a cash bond in the amount of
$196,086.79 and acceptance of the plat dedications.
8) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
277RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Estimated Fiscal Impact: $59,100).
9) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (Agreement)
between Collier County and the Winding Cypress Homeowners
Association for a landscape planting within the Collier Blvd. (CR
951) Right-of-way.
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February 24,2015
10) Recommendation to approve the release of a code enforcement lien
with an accrued value of$10,534.04, for payment of$2,234.04, in the
code enforcement action entitled Board of County Commissioners v.
Gail A. Pandolfe, Code Enforcement Board Case No.
CEPM20140008527, relating to property located at 604 110th Avenue
North, Collier County, Florida.
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of$167,081.43, for payment of$1,381.43, in
the code enforcement action entitled Board of County Commissioners
v. Doreen Bigica, Code Enforcement Board Case No.
CESD20120004188, relating to property located at 2391 19th Street
SW, Collier County, Florida.
12) Recommendation to approve the release of a code enforcement lien
with an accrued value of$14,719.03, for payment of$1,669.03, in the
code enforcement action entitled Board of County Commissioners v.
Heather N. Green, Special Magistrate Case No. CEPM20140001612,
relating to property located at 2052 Crestview Way, Collier County,
Florida.
13) Recommendation to approve the release of a code enforcement lien
with an accrued value of$119,000, for payment of$450, in the code
enforcement action entitled Board of County Commissioners v. Mark
G. Martin, Code Enforcement Board Case No. CESD20090016590,
relating to property located at 4834 Devon Circle, Collier County,
Florida.
14) Recommendation to reject a request for a refund of$42,050, in the
code enforcement action entitled Board of County Commissioners v.
Nell H. Efird, Special Magistrate Case No. CEPM20130004506,
relating to property located at 541 100th Avenue N., Collier County,
Florida.
15) Recommendation to approve the purchase of CityView's Electronic
Plans Review (EPR) module to improve efficiency and eliminate
redundancy in the submission and processing of electronically
submitted plans for building and land development projects. Initial
software implementation costs totaling $115,974 and annual
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February 24,2015
maintenance cost totaling $8,565 will be funded with budgeted
building industry user fees.
16) Recommendation to waive all applicable purchasing ordinance
provisions and provide for the payment of services in the amount of
$49,975 to Preferred Materials Inc., for additional protective barriers
requested during a recent road resurfacing project by the Pelican Bay
Services Division.
17) Recommendation to award Invitation to Bid (ITB) #15-6363 for
Storm Drain Maintenance to EnviroWaste Services Group, Inc., as the
Primary Contractor and Shenandoah General Construction Company
as the Secondary Contractor.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the selection of Disney and Associates
under Request for Proposal #14-6356, Redesign of the Northeast
Recycling Drop-off Center, and direct staff to negotiate a contract for
the Board of County Commissioners' approval at a future meeting.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a no cost transportation coordination
agreement with Hope Hospice & Community Services, Inc.
2) Recommendation to authorize a release of lien for deferral of 100
percent of a countywide impact fee for owner occupied affordable
housing dwelling unit.
3) Recommendation to award a work order using Contract No. 13-6164
to Coastal Engineering Consultants, Inc. for the Clam Pass Boardwalk
Piling Inspection and make a finding that this expenditure promotes
tourism.
4) Recommendation to approve, an after-the-fact Standard Contract, a
Verification of Emergency Preparedness Plan and Attestation
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Statement with Area Agency on Aging for Southwest Florida, Inc.,
and to authorize associated budget amendments for the FY15 Older
Americans Act Title III Program in the amount of$671,792 and local
match funding of$74,644.
5) Recommendation to approve the Selection Committee's ranking of
firms under RFP #14-6322 (Collier Area Transit Program
Engineering/Architectural Services) and direct staff to bring
negotiated contracts to the Board for subsequent approval.
6) Recommendation to accept and ratify fee waivers granted by the
Director of Domestic Animal Services for the period of August 1,
2014 through December 31, 2014 in accordance with the process
established by Resolution No. 2014-29.
7) ' Recommendation to approve a no cost Modification to a Disaster
Recovery Grant Agreement for disaster relief and long term recovery
or mitigation with the Florida Department of Economic Opportunity.
8) Recommendation to approve an agreement with Naples Community
Health Care (NCH) System, in cooperation with the Safe and Healthy
Children's Coalition of Collier County, to provide water safety
instruction to Collier County youth identified with the SWIM Central
Program.
9) Recommendation to recognize carry forward from accrued interest in
the amount of$572.55 and appropriate those funds for expenditures
on library materials, services, and equipment.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve a Resolution authorizing the Board of
County Commissioners' Chairperson to execute Deed Certificates for
the sale of burial plots at Lake Trafford Memorial Gardens Cemetery
during the 2015 calendar year.
2) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement with Mother's Pharmacy, Inc. as it relates to
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February 24, 2015
Contract #14-6248 "Pharmacy Services".
F. COUNTY MANAGER OPERATIONS
1) Recommendation to review information related to the use of General
Government Buildings Impact Fees for the purchase of a building
located at 3750 Enterprise Avenue to be used by the Supervisor of
Elections.
2) Recommendation to adopt a Resolution to support House Speaker
Steve Crisafulli's setting of funding film, television and entertainment
incentives as one of his legislative priorities; urging all Florida
counties to join in this initiative with no fiscal impact to Collier
County.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
4) Recommendation to adopt a resolution approving the Prospect #15-
011, as a Qualified Applicant to Florida's Qualified Target Industries
(QTI) Tax Refund Program, providing up to $32,000 of local financial
support for an expansion of an existing business management firm in
Collier County that will create 40 new quality jobs and approve
necessary budget amendment.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approve a Site License Agreement with the
Immokalee Chamber of Commerce, Inc. allowing use of non-aviation
areas on the Southwest portion of the Immokalee Regional Airport on
March 26-29, 2015 for the Celebrate Immokalee Event.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attending the Collier County 100 Club Annual Dinner Meeting on
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March 2, 2015. The sum of$35 to be paid from Commissioner Fiala's
travel budget.
2) Recommendation to direct the County Manager, or his designee, to
bring back a Partnership Agreement (PA) with the Sunrise Rotary
Club of Marco Island, the residents of the Copeland Community, and
the Copeland Church whereby the County purchases and installs two
multi-use Bus Stop/Community Shelters for the Copeland area located
at Panther Park and Lake Gloria
3) This item continued from the February 10, 2015 BCC Meeting.
Recommendation to adopt a Resolution petitioning Governor Rick
Scott and the Florida Legislature to enact legislation that will restore
the local School Boards' control of educational standards, curriculum,
and student assessments.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Report to the Board regarding the investment of County funds as of
the quarter ended December 31, 2014.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of February 5 through
February 11, 2015.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of February 12 through
February 18, 2015.
K. COUNTY ATTORNEY
1) Recommendation to approve Third Amendments to Agreements for
Legal Services relating to Contract No. 06-4047 Eminent Domain
Legal Services with the law firms of Fixel & Willis and Smolker
Bartlett Schlosser Loeb & Hinds extending the expiration dates to
April 22, 2017. There is no new fiscal impact associated with these
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February 24,2015
Amendments.
2) Recommendation to accept a Proposal for Settlement offer by the
Plaintiff in the lawsuit styled Linda Spence v. Collier County, pending
in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, Case No. 14-0956-CA, for the sum of$4,950 as full
and final settlement of this claim.
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 2014-21, The Golf Club of the Everglades
Residential Planned Unit Development within the Rural Fringe Mixed Use
District Receiving Lands Overlay, and amending Ordinance No. 2004-41,
the Collier County Land Development Code, by amending the appropriate
zoning atlas map or maps by changing the zoning classification of an
additional 10± acres of land zoned rural Agricultural (A) to The Golf Club
of the Everglades RPUD; by amending the Master Plan; and by providing an
effective date. The subject property is located on Vanderbilt Beach Road
Extension,just east of Collier Boulevard, in Section 31, Township 48 South,
Range 27 East and Sections 25 and 36, Township 48 South, Range 26 East,
Collier County, Florida consisting of 845.68± acres [PUDA-
PL20140001511].
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
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February 24, 2015
required to be sworn in. Recommendation to consider a resolution of the
Board of Zoning Appeals of Collier County, Florida providing for the
establishment of a Conditional Use to allow Conditional Use #3, Private
Clubs, and Conditional Use #5, Commercial and Private Parking Lots and
Parking Garages, within the community commercial tract of the planned unit
development pursuant to Section 6.2.0 of Ordinance No. 95-33, the
Briarwood Planned Unit Development, for property consisting of 15.97
acres located at the northeast corner of Livingston Road and Radio Road in
Section 31, Township 49 South, Range 26 East, Collier County, Florida
[Petition CU-PL20130002048].
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
D. Recommendation to: (1) adopt an Ordinance creating the Fiddler's Creek
Municipal Rescue and Fire Services MSTU, (2) adopt an amendment to
Ordinance No. 78-49, as amended, the Isles of Capri Municipal Fire
Services Taxing District, to adjust its boundaries by removing the Fiddler's
Creek area within the MSTU, (3) to approve an Interlocal Agreement with
Greater Naples Fire Rescue District for providing fire services to properties
within the Fiddler's Creek Municipal Rescue and Fire Services MSTU, and
(4) to request that the Property Appraiser begin to levy the tax millage in the
2016 tax year once set by the Board of County Commissioners.
E. Recommendation to adopt an ordinance amending "Collier County
Administrator's Ordinance" as authorized by the Board of County
Commissioners at the February 10, 2015 BCC Meeting.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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February 24, 2015
February 24, 2015
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: Good morning, ladies and gentlemen.
Welcome to the Regular Meeting of the Board of County
Commissioners for February 24th.
I would appreciate it if all of you would silence your cell phones,
pagers, beepers, and other electronic devices to help us have a good
meeting today.
Please rise, as we have an invocation graciously delivered today
by Rabbi Ammos Chorny from the Beth Tickva Synagogue, and
remain standing for the Pledge.
Item #1A
INVOCATION BY RABBI AMMOS CHORNEY FROM THE
RABBI AMMOS CHORNEY FROM THE BETH TIKVAH
SYNAGOGUE — INVOCATION GIVEN
RABBI CHORNY: Good morning, and thank you.
Our Lord, you've blessed us already with the rising light, both
from the sun outside as well as the sun within. In so doing, you have,
again, reminded us of your presence, the joy of your blessings, of
peace, and the guarantees that you care for us all.
Help us this day to use our challenges and trials as steppingstones
to success, and may we stand tall, proud of our accomplishments, as
we discharge the duties of the office entrusted upon each and every
one of us here today.
May we always remain in close fellowship with each other, that
our disagreements and trivialities be dissolved, and as children of light
and true Americans, may we experience true liberty this day and
always. Amen.
(The Pledge of Allegiance was recited in unison.)
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February 24, 2015
CHAIRMAN NANCE: Thank you, Mr. Ochs. Would you like
to introduce us to the agenda this morning, sir.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) - APPROVED AND/OR ADOPTED
W/CHANGES
MR. OCHS: Yes, sir, Mr. Chairman.
Good morning, Commissioners.
These are the Proposed Agenda Changes for the Board of County
Commissioners' Meeting of February 24, 2015.
The first proposed change is to continue Item 5C to the March 10,
2015, meeting. Mr. Jamro is ill today.
The next proposed change is to withdraw Item 10A. That request
comes from Commissioner Fiala.
The next proposed change is to continue Item 16A2 to the March
24, 2015, BCC meeting. That request comes from Commissioner
Nance.
The next proposed change is to move Item 16A14 to Item 11F on
the regular agenda. It's a consideration of a request for a refund of a
code enforcement fine. That change comes at the request of both
Commissioner Taylor and Commissioner Fiala separately.
The next proposed change is to move Item 16F2 to Item 11E on
your regular agenda this morning. It's a resolution recommending
support of a state tax incentive program for the film industry. That
item is moved to the regular agenda at Commissioner Henning's
request.
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February 24, 2015
The next proposed change is to move Item 16H3 from the consent
agenda to become Item 10B under Board of County Commissioners.
It's a resolution petitioning the Governor and the Legislature to enact
legislation to restore local school boards' control of educational
standards. That move is made at Commissioner Taylor's request.
The next proposed change is to move Item 17A from your
summary agenda to become Item 9A under advertised public hearings.
This is a recommendation to rezone a 10-acre parcel of land at the
Club of the Everglades RPUD. That move is made at Commissioner
Henning's request.
And the final move is to -- request is to move Item 17B from the
summary agenda to become Item 9B, and this has to do with a
conditional use application for a private auto club, and this move was
made at Commissioner Taylor's request; however, Commissioners, in
speaking with Commissioner Taylor about this particular request, she
explained that in discussion with the developers, since this is an
application for a conditional use, it was discovered relatively late in the
conditional use process that the applicant's request for the square
footage of his project actually exceeded the allowed square footage in
the existing PUD. That would now cause the applicant to have to go
through an additional application for a PUD amendment, additional
time and expense involved in that as well.
Given those circumstances, I believe Commissioner Taylor has a
recommendation that she'd like to offer to the Board at this time to
avoid having to schedule this for a hearing in the afternoon.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, I would. I'd like to make a.
motion to direct staff to consider the application fee and review costs
associated with the current conditional use as satisfying the costs
associated with the PUD amendment application, and that all fees
assessed to the developer would be advertising costs associated with
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February 24, 2015
the PUD amendment petition. And, in addition, that staff would
expedite the processing of the PUD amendment application.
MR. OCHS: That would -- as I understand that, Mr. Chairman,
that's a motion that the Board could consider adopting as you set your
agenda this morning. So if the Board is in favor of that, we would not
need to have an afternoon hearing on that particular item.
COMMISSIONER HILLER: Second.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN NANCE: There's a motion and a second on the
floor for discussion. Any further discussion on the floor by
commissioners?
(No response.)
CHAIRMAN NANCE: Seeing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay. It passes unanimously.
MR. OCHS: Thank you, Commissioners.
And, finally, Mr. Chairman, you have one time-certain item on
your agenda today. That is Item 13A. It's the report from your
external auditor, and that item is scheduled for 10 a.m.
And you have two court reporter breaks scheduled, if required;
one in the morning at 10:30 and one in the afternoon at 2:50.
And those are all the changes I have this morning, Mr. Chairman.
CHAIRMAN NANCE: Thank you, sir.
All right. Let's move to any additional changes to the agenda and
Page 5
February 24, 2015
ex parte disclosure by commissioners.
Commissioner Taylor?
COMMISSIONER TAYLOR: Sorry. I'm dreaming here.
There's no disclosures at all today.
CHAIRMAN NANCE: All right. No further changes to the
agenda?
COMMISSIONER TAYLOR: No, and no further changes to the
agenda.
CHAIRMAN NANCE: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: No further changes to the agenda.
No disclosures on the consent agenda. And on the summary agenda,
Item No. 17A, which is the Golf Club of the Everglades, I've meeting
-- this is way in the past, but I thought I better just disclose them
anyway -- meetings, and I've had a ride-through and correspondence
and calls, so -- but that was a long, long time ago, and the staff report,
of course, was from this year, excuse me.
And also on Item No. 17B, but we've moved that to the regular
agenda, haven't we?
CHAIRMAN NANCE: Yes.
COMMISSIONER FIALA: Okay. So that's it.
CHAIRMAN NANCE: I have no ex parte disclosure on today's
consent agenda. Item 17A, on summary, I've read the staff report, and
I've had meetings and multiple conversations in the past. And on 17B,
I've also read the staff report. I've had phone calls with petitioner and
with citizens. And I have no further changes to the agenda.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
On 16A3, no disclosure, on 17A, no disclosure other than
receiving and reviewing the staff report, and on 17B, I've received
correspondence, emails, and calls.
Page 6
February 24, 2015
CHAIRMAN NANCE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: No further changes, and no ex
parte communication.
CHAIRMAN NANCE: Thank you very much.
Is there a motion to approve today's agenda as amended?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HENNING: So moved.
CHAIRMAN NANCE: A motion by Commissioner Fiala, and a
second from Commissioner Henning.
Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER HILLER: Does that incorporate the motion
and the second on Commissioner Taylor's --
CHAIRMAN NANCE: Yes, yes. All right. That's unanimously
approved.
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
February 24,2015
Continue Item 5C to the March 10,2015 BCC Meeting: Recognition of Ron Jamro,Director of the Collier
County Museum,for being selected as the winner of the 2014"Star in the Arts"award bestowed by the
United Arts Council of Collier County. (Staffs request)
Withdraw Item 10A: This item continued from the February 10,2015 BCC Meeting. Recommendation
that the Board of County Commissioners recreates the Executive Director position for the Bayshore Gateway
Triangle Community Redevelopment Agency(CRA)and appoints Jean Jourdan as its Executive Director,
making her a direct report to the Collier County Redevelopment Agency,and direct the County Attorney to
work with the Chair of the CRA and Ms.Jourdan on an employment agreement.(Commissioner Fiala's
request)
Continue Item 16A2 to the March 24,2015 BCC Meeting: Recommendation to award Invitation to Bid(ITB)
14-6247 for Purchase and Deliveries of Fungicides, Pesticides and Herbicides to multiple vendors,Aligare
LLC, Crop Production Services,Inc., Helena Chemical Company, Red River Specialties,Inc.,John Deere
Landscapes,and Univar USA,Inc. (Commissioner Nance's request)
Move Item 16A14 to Item 11F: Recommendation to reject a request for a refund of$42,050,in the
code enforcement action entitled Board of County Commissioners v.Nell H.Efird,Special Magistrate
Case No.CEPM20130004506,relating to property located at 541 100th Avenue N.,Collier County,
Florida. (Commissioner Taylor and Commissioner Fiala's separate requests)
Move Item 16F2 to Item 11E: Recommendation to adopt a Resolution to support House Speaker
Steve Crisafulli's setting of funding film,television and entertainment incentives as one of his
legislative priorities;urging all Florida counties to join in this initiative with no fiscal impact to Collier
County. (Commissioner Henning's request)
Move Item 16H3 to Item 10B: This item continued from the February 10,2015 BCC Meeting.
Recommendation to adopt a Resolution petitioning Governor Rick Scott and the Florida Legislature to enact
legislation that will restore the local School Boards' control of educational standards,curriculum,and
student assessments. (Commissioner Taylor's request)
Move Item 17A to Item 9A: 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.2014-21,The Golf Club of the
Everglades Residential Planned Unit Development within the Rural Fringe Mixed Use District Receiving
Lands Overlay,and amending Ordinance No.2004-41,the Collier County Land Development Code,by
amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional
10±acres of land zoned rural Agricultural(A)to The Golf Club of the Everglades RPUD; by amending the
Master Plan; and by providing an effective date. The subject property is located on Vanderbilt Beach Road
Extension,just east of Collier Boulevard,in Section 31,Township 48 South,Range 27 East and Sections 25
and 36,Township 48 South,Range 26 East,Collier County,Florida consisting of 845.68±acres IPUDA-
PL201400015111. (Commissioner Henning's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
February 24,2015
Page 2
Move Item 17B to Item 9B: This item requires that ex parte disclosure be provided by Commission
members.Should a hearing be held on this item,all participants are required to be sworn in.
Recommendation to consider a resolution of the Board of Zoning Appeals of Collier County, Florida
providing for the establishment of a Conditional Use to allow Conditional Use#3,Private Clubs,and
Conditional Use#5,Commercial and Private Parking Lots and Parking Garages,within the community
commercial tract of the planned unit development pursuant to Section 6.2.0 of Ordinance No.95-33,the
Briarwood Planned Unit Development,for property consisting of 15.97 acres located at the northeast corner
of Livingston Road and Radio Road in Section 31,Township 49 South,Range 26 East,Collier County,
Florida [Petition CU-PL20130002048]. (Commissioner Taylor's request)
Time Certain Items:
Item 13A to be heard at 10:00 a.m.
3/11/21115111:111 AM
February 24, 2015
Item #2B
BCC REGULAR MEETING MINUTES FOR JANUARY 27, 2015
APPROVED AS PRESENTED
CHAIRMAN NANCE: Is there a motion regarding minutes on
g g
the January 27 BCC Meeting?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion to approve by
Commissioner Henning, a second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Thank you. That's approved
unanimously.
Item #2C
BCC LIBRARY WORKSHOP MEETING MINUTES FOR
FEBRUARY 3, 2015 — APPROVED AS PRESENTED
CHAIRMAN NANCE: And what about the minutes for the
Library Workshop on February 3rd?
Page 8
February 24, 2015
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN NANCE: Motion to approve by Commissioner
Fiala.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: A second by Commissioner Taylor.
Any discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right. We're approved.
All right. Mr. Ochs?
Item #3A
SERVICE AWARDS — 20 YEAR ATTENDEES
MR. OCHS: Mr. Chairman, that takes us to your Service Awards
this morning. If the Board would be kind enough to join us in front of
the dais.
Commissioners, this morning we're recognizing several
employees with long-standing service to county government.
We'll start with a 20-Year Service Awardee from your Risk
Management Department, Jerry Tharp.
Jerry?
(Applause.)
Page 9
February 24, 2015
CHAIRMAN NANCE: Wait a minute, wait a minute. It's not
official yet.
MR. THARP: I've got to run.
COMMISSIONER TAYLOR: He's got work to do.
CHAIRMAN NANCE: Hold it up, there we go.
Thank you, sir. You can run.
(Applause.)
Item #3B
SERVICE AWARDS — 25 YEAR ATTENDEES
MR. OCHS: Commissioner, we have two employees celebrating
25 Years of Service this morning. The first from our Library is Karen
Kocses. Karen?
MS. KOCSES: Thank you very much.
COMMISSIONER FIALA: Congratulations on your new
checkout system. It's great.
MS. KOCSES: Come see us.
COMMISSIONER FIALA: I did.
(Applause.)
CHAIRMAN NANCE: Commissioner Fiala, you're not checking
books out of the children's department, are you?
MR. OCHS: Also celebrating 25 Years of Service this morning
from Transportation Administration, Lisa Taylor.
(Applause.)
COMMISSIONER TAYLOR: Can we get that up here.
COMMISSIONER FIALA: Come on, Nick. Up again.
COMMISSIONER TAYLOR: Yeah, yeah, yeah. Come on.
Come on.
UNIDENTIFIED SPEAKER: I don't want to be in the picture.
Page 10
February 24, 2015
COMMISSIONER FIALA: Oh, isn't that cute?
MR. OCHS: Nice.
(Applause.)
MR. OCHS: Take your poster.
Item #3C
SERVICE AWARDS — 30 YEAR ATTENDEES
MR. OCHS: Finally, Commissioners, we have two employees
celebrating 30 Years of Service at county government this morning.
First from your Bayshore Community Redevelopment Agency, Jean
Jourdan. Jean?
(Applause.)
COMMISSIONER FIALA: You're so cool looking.
(Applause.)
MR. OCHS: Also celebrating 30 Years of Service this morning
from your Road Maintenance section is Richard Winans. Richard?
(Applause.)
MR. OCHS: And that concludes our service awards this
morning, Commissioners.
COMMISSIONER TAYLOR: Mr. Chairman?
CHAIRMAN NANCE: Yes, ma'am.
COMMISSIONER TAYLOR: One of the things that touched
me, and still does when I come in here as the new kid on the block, so
to speak, is the support for these awards and how much good will there
is within the staff and how much support. It's really a compliment to
our County Manager and the way he runs this outfit, and
congratulation on that.
MR. OCHS: Well, thank you, ma'am.
CHAIRMAN NANCE: It's a very great accomplishment for
Page 11
February 24, 2015
anyone to have service for over 20 years in any position anymore. I
mean, you notice people move on. So those sorts of dedicated
employees are really a testimony to a good program here at Collier
County and also a testimony to the dedication those people have to
public service.
So it's wonderful to be able to thank them, and what a lovely
group. We had five -- five employees here that had 20 to 30 years of
service, so what a great thing. Really very nice.
COMMISSIONER TAYLOR: They make us look good.
MR. OCHS: Thank you all for your support, Commissioners.
Mr. Chairman, that takes us to Item 4 on your agenda this
morning, proclamations.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING FEBRUARY 2015 AS
LITERACY MONTH IN COLLIER COUNTY AND
RECOGNIZING THE "BRING A BOOK, BRING A FRIEND"
PROGRAM OF THE K IS FOR KIDS FOUNDATION WHICH
PROVIDES BOOKS TO CHILDREN IN NEED. — ADOPTED
MR. OCHS: Item 4A is a proclamation designating February
2015 as Literacy Month in Collier County and recognizing the "Bring
a Book, Bring a Friend Program" of the K is for Kids Foundation,
which provides books to children in need.
To be accepted by Karen Clawson, K is for Kids Founder and
Page 12
February 24, 2015
Executive Director, volunteers, and students. If you'd please step
forward and receive your proclamation.
(No response.)
MR. OCHS: Not here? Okay. We'll have to contact Karen.
Item #4B
PROCLAMATION DESIGNATING MARCH 2015 AS WOMEN'S
HISTORY MONTH AND RECOGNIZING THE UNIQUE ROLE
OF WOMEN THROUGHOUT HISTORY. ACCEPTED BY
ANNETTE SMITH, KATHLEEN MAYO, LISA FREUND AND
LOVI HOLLAND OF THE NAPLES/FT. MYERS CHAPTER OF
NATIONAL ORGANIZATION FOR WOMEN — ADOPTED
Let's go to Item 4B. It's a proclamation designating March 2015
as Women's History Month and recognizing the unique role of women
throughout history. To be accepted by Annette Smith, Kathleen Mayo,
Lisa Freund, and Lovi Holland of the Naples/Fort Myers Chapter of
the National Organization for Women.
If you would please step forward and receive your proclamation.
(Applause.)
CHAIRMAN NANCE: Would you like to make some remarks?
MS. MAYO: Yes. Thank you. My name is Kathy Mayo, and
I'm the president of the Fort Myers/Naples Chapter of the National
Organization for Women.
And thank you for recognizing the important role that women
play in our nation and here in Collier County. We're just one of the
many, many groups of women who make -- who volunteer, who serve
in various ways on boards, both politically and in our daily lives, to try
and make this a better community.
And one of the things we're asking this year is that faith-based
Page 13
February 24, 2015
organizations honor the contributions that the women in their
denominations and their congregations have made to the life of their
community.
But thank you for recognizing this important role.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING ALL PUBLIX
SUPERMARKETS IN COLLIER COUNTY FOR THEIR
EFFORTS IN RECYCLING AND REDUCING WASTE, WITH A
SPECIAL RECOGNITION OF PUBLIX STORE #1458 (KINGS
LAKE) AS THE RECIPIENT OF COLLIER COUNTY
HAZARDOUS AND SOLID WASTE DEPARTMENT'S WASTE
REDUCTION AWARDS PROGRAM (WRAP) AWARD.
ACCEPTED BY SCOT OEHMIGEN, PUBLIX STORE #1458
MANAGER AND KIM BRUNSON, PUBLIX RECYCLING AND
SOLID WASTE PROGRAM MANAGER — ADOPTED
MR. OCHS: Item 4C is a proclamation recognizing all Publix
Supermarkets in Collier County for their efforts in recycling and
reducing waste, with a special recognition of Publix Store No. 1458 in
King's Lake as the recipient of Collier County Hazardous and Solid
Waste Department's Waste Reduction Awards Program. To be
accepted by Scot Oehmigan, Publix Store No. 1458 Manager, and Kim
Brunson, Publix Recycling and Solid Waste Program Manager.
Please step forward.
(Applause.)
COMMISSIONER FIALA: Thank you. Thank you for your
service. Recycling is so important to our community. And, of course,
I'm in your store all the time.
Page 14
February 24, 2015
COMMISSIONER TAYLOR: Always.
CHAIRMAN NANCE: When she's not checking out kids' books
from the kids' library.
COMMISSIONER TAYLOR: Congratulations. Great, great
store.
MS. BRUNSON: On behalf of Publix Supermarkets and the 18
stores in Collier County, it's my honor to receive this award.
From the beginning, our founder, Mr. George Jenkins, led us by
example to be intolerant of waste. Creating this public/private
partnership makes it easier for everyone to recycle. Recycling makes
-- improves our communities and our environment.
Commissioners and Director Rodriguez, we just thank you.
Together, I think we can make a difference.
MR. OEHMIGAN: Thanks, Kim.
I'm Scot Oehmigan. I'm the store manager at Publix on Davis
Boulevard.
It's a pleasure serving this community, and recycling is just one of
the many ways and many things that we do to make a difference in this
community.
Thank you very much.
(Applause.)
Item #4D
PROCLAMATION RECOGNIZING AND HONORING THE
WORK OF THE PACE CENTER FOR GIRLS OF COLLIER
COUNTY. ACCEPTED BY CLAUDINE LEGER-WETZEL,
MARIANNE KEARNS, ANGELINA SPENCER, LIBBY FERO
AND STACEY HERRING — ADOPTED
MR. OCHS: Item 4D is a proclamation recognizing and honoring
Page 15
February 24, 2015
the work of the Pace Center for Girls of Collier County.
To be accepted by Claudine Leger-Wetzel, Marianne Kearns,
Angelina Spencer, Libby Faro, and Stacey Herring.
If you'd please step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: Thank you for all you do for these
gals.
MS. KEARNS: Hi. My name is Marianne Kearns. I'm the
Executive Director of the PACE Center for Girls, Collier at
Immokalee. On behalf of the 67 girls in our program, our staff and our
board of directors, I'd like to thank you from the bottom of my heart
for this today, and I'm honored that PACE is being honored in addition
to our Women's History Month. I think that's amazing, because we're
growing girls to be great women in Collier County.
So thank you again.
(Applause.)
CHAIRMAN NANCE: All right. Do I have a motion to approve
the proclamations this morning?
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN NANCE: Motion and a second.
Any discussion?
(No response.)
CHAIRMAN NANCE: All those in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
Page 16
February 24, 2015
CHAIRMAN NANCE: All right. Thank you very much.
Wonderful proclamations today.
MR. OCHS: Mr. Chairman, that moves us to Item 5 on your
agenda, presentations.
Item #5A
RECOGNIZING KURT VEGA, WASTEWATER DEPARTMENT
INSTRUMENTATION & ELECTRICAL TECHNICIAN, AS THE
EMPLOYEE OF THE MONTH FOR JANUARY 2015 —
PRESENTED
MR. OCHS: Item 5A is a recommendation to recognize Kurt
Vega, Wastewater Department Instrumentation and Electrical
Technician, as Employee of the Month for January 2015.
Kurt, would you please step forward.
(Applause.)
CHAIRMAN NANCE: Here's a small token of our appreciation
and something to memorialize your accomplishments. Thank you so
much.
COMMISSIONER HILLER: Congratulations.
COMMISSIONER HENNING: Good job.
COMMISSIONER FIALA: Thanks for your service.
MR. OCHS: While Kurt's getting his photo, Commissioners, I'll
tell you a little bit more about him. Kurt's been an employee of the
county for two years working with our Wastewater and Power Systems
Department and Our Public Utilities Division.
Stand there, Kurt, and let us embarrass you for a second.
Kurt's an exceptionally knowledgeable employee specifically in
the areas of variable frequency drives, instrumentation, and electrical
troubleshooting in the wastewater facility. He's taken it upon himself
Page 17
February 24, 2015
to develop and train other team members and departments in arc flash
and electrical safety, which is now a countywide program.
Kurt takes the initiative to follow through on projects, often
working closely with project managers and design engineers, saving
many thousands of dollars by repairing equipment rather than
replacing it, if at all possible, and by utilizing his extensive knowledge
to troubleshoot issues before they become serious problems.
All of the power system staff admires Kurt's organizational skills,
his ingenuity, and perseverance, his easy-going demeanor, and his
exceptional knowledge of technical issues.
He is an asset to the community and very deserving of the
Employee of the Month award.
Commissioners, it's my honor to present Kurt Vega, your
Employee of the Month for January 2015.
Congratulations, Kurt.
(Applause.)
CHAIRMAN NANCE: I think we need a few more of those
variable drives in here, Mr. Ochs.
MR. OCHS: Oh, yes, sir.
CHAIRMAN NANCE: Yeah, we do.
Item #5B
PRESENTATION OF THE 2014 DOMESTIC WASTEWATER
PLANT OPERATIONS EXCELLENCE AWARD TO THE NORTH
COUNTY WASTEWATER RECLAMATION FACILITY, IN
RECOGNITION OF OUTSTANDING TREATMENT PLANT
OPERATIONS, MAINTENANCE, AND COMPLIANCE.
PRESENTED BY JON IGLEHART , DISTRICT DIRECTOR,
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND ACCEPTED BY DR. GEORGE YILMAZ,
Page 18
February 24, 2015
DIRECTOR, COLLIER COUNTY PUBLIC UTILITIES
DEPARTMENT AND BETH JOHNSSEN, DIVISION DIRECTOR,
COLLIER COUNTY WASTEWATER — PRESENTED
MR. OCHS: Commissioners, Item 5B is a presentation of the
2014 Domestic Wastewater Plant Operations Excellence Award to the
North County Wastewater Reclamation Facility in recognition of
outstanding treatment plant operations, maintenance, and compliance.
This award will be presented this morning by Jon Iglehart,
District Director of the Florida Department of Environmental
Protection, and accepted by Dr. George Yilmaz, Director of Collier
County Public Utilities Department, and Beth Johnssen, Division
Director for the Collier County Wastewater Division.
Mr. Iglehart.
MR. IGLEHART: Thank you.
Mr. Chair, Members of the Commission, I'm Jon Iglehart with the
Department of Environmental Protection.
Each year the State of Florida rates every utility in the state, and
we recognize the very best that we have. And your Wastewater
Department's North Collier facilities' compliance efforts to prevent
sanitary sewer overflows and meet the demand for sustainable reuse
are second to none. They've been able to accomplish --
(Applause.)
MR. IGLEHART: Oh, yeah.
They've been able to accomplish this through excellent
management, dedicated staff with technical and common sense
knowhow, and the support of this body.
The utility uses best-proven technology to monitor and control all
aspects of the wastewater process including real-time data, telemetry
towers at all pump stations for remote monitoring, flow control
accessibility from remote devices to maintain operations during power
Page 19
February 24, 2015
outages and other daily anomalies, portable generators stay throughout
the county to assure system continuation without interruption, and all
reuse sites are monitored and alarmed for all control monitors and
operational protocols.
They're also very proactive in providing information to their
customers. Press releases, educational pamphlets, participation at
county events, they reduce the call volume from our common
constituency, saving us both resources and, ultimately, tax dollars.
Their results, the Collier County North Water Reclamation
Facility provides reuse water throughout the county for watering golf
courses, residential, and all county public access areas which meets
approximately 40 percent of the irrigation-quality water demand in
Collier County.
In real numbers, that's 5.3 billion gallons of irrigation-quality
water distributed, reusing 91 percent of the wastewater influent to the
facility. Excellent, excellent record. Best in the state.
COMMISSIONER FIALA: Wow.
MR. IGLEHART: The Florida Department of Environmental
Protection is very pleased to award the Collier County North Water
Reclamation Facility with a 2014 Plant Operations Excellent Award in
the Type 1 Domestic Wastewater Facility Category.
Congratulations to the staff, the management, and this board for
your excellent work and continued support.
Thank you.
COMMISSIONER TAYLOR: Thank you.
(Applause.)
COMMISSIONER FIALA: Good work, guys.
CHAIRMAN NANCE: Who gets the Lexus SUV, John?
MR. OCHS: George, congratulations.
Everybody in?
(Applause.)
Page 20
February 24, 2015
COMMISSIONER FIALA: We always knew you were the best.
Now they know it around the state, too.
MR. OCHS: Congratulations.
CHAIRMAN NANCE: I think Dr. George is keeping some of
that water in his pool to get it up to that 91 percent.
COMMISSIONER FIALA: That's quite a record, best in the
state.
CHAIRMAN NANCE: Yeah, it is; that's outstanding.
MR. OCHS: Mr. Chairman, that takes us to Item 6 on your
agenda this morning. Those are your public petitions.
Item #6A
PUBLIC PETITION REQUEST FROM MS. JENNIFER
WALLACE REQUESTING THE ESTABLISHMENT OF THE
BIRDSONG LANE MUNICIPAL SERVICE BENEFIT UNIT
(MSBU) AND MUNICIPAL SERVICE TAXING UNIT (MSTU).
THE PURPOSE OF THE MSBU WOULD BE TO PERFORM A
ONE-TIME UPGRADE TO BIRDSONG LANE AND THE
PURPOSE OF THE MSTU WOULD BE TO MAINTAIN THE
UPGRADED BIRDSONG LANE - MOTION FOR STAFF TO
TAKE THE APPROPRIATE STEPS TO CREATE THE MSBU
AND BRING BACK TO THE BOARD FOR APPROVAL —
APPROVED
MR. OCHS: Item 6A is a public petition request from Ms.
Jennifer Wallace requesting the establishment of the Bird Song Lane
Municipal Service Benefit Unit and Municipal Service Taxing Unit.
The purpose of the MSBU would be to perform a one-time upgrade to
Bird Song Lane, and the purpose of the MSTU would be to maintain
the upgraded Bird Song Lane.
Page 21
February 24, 2015
Ms. Wallace, if you'd please step forward. You already have.
Thank you, ma'am. And you have 10 minutes, I believe.
MS. WALLACE: Okay. Members of the Board, I am Jennifer
Wallace, acting as a representative of Bird Song Lane property owners
with respect to this petition. Thank you for allowing this item to be on
the agenda for today.
The residents of Bird Song Lane have major concerns about our
roadway. The current road condition creates a safety hazard for our
children and limits the ability of emergency vehicles to respond to calls
for assistance from the residents. Furthermore, the terrible road
condition also creates excessive wear and tear on our vehicles.
We have followed all necessary steps to create the MSBU/MSTU.
There are 25 homes located on Bird Song Lane, and we have 14
validated, signed petitions meeting the 50-percent-plus-one
requirement. At this time we are still working on getting more signed
petitions.
The purpose of the MSBU would be to perform a one-time
upgrade to Bird Song Lane. The MSTU would provide for required
maintenance going forward. The combination of these two actions
would provide the residents with a safe, maintainable road surface.
In conclusion, on behalf of the residents of Bird Song Lane, we
are asking that the Board look favorably upon the signed petitions
requesting the establishment of the Bird Song Lane repair,
replacement, and Municipal Services Benefit District and Taxing.
Furthermore, we would across the board have staff move forward with
preparing the necessary ordinances and resolutions to effectuate the
establishment of the MSBU/MSTU.
I do have pictures that show the road in its condition, if you
would like to see them.
CHAIRMAN NANCE: Yes, ma'am.
Commissioner Fiala?
Page 22
February 24, 2015
COMMISSIONER FIALA: Could I ask you, where is Bird Song
Lane?
MS. WALLACE: I have an aerial map of Bird Song Lane, if you
would like to see it.
COMMISSIONER FIALA: There was a map in here, but it was
not clear at all.
MS. WALLACE: Okay. I have a colored copy.
COMMISSIONER TAYLOR: How do you get there?
COMMISSIONER FIALA: Well, just tell us where it is; I mean,
what community?
CHAIRMAN NANCE: It's in North Belle Meade.
COMMISSIONER FIALA: Oh, in the North Belle Meade. Oh,
okay.
CHAIRMAN NANCE: It's in the North Belle Meade area, south
of Golden Gate Boulevard off of 16th Avenue and 17th --
MS. WALLACE: Twenty-third and Brantley.
CHAIRMAN NANCE: -- and 23rd, okay.
COMMISSIONER FIALA: Okay, thank you.
MS. WALLACE: You're welcome.
CHAIRMAN NANCE: Yes. Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I'd like to make a motion
that we direct staff to go ahead and take what necessary steps are
needed to create this MSBU and then start -- and bring that back to the
Board for approval so that the funds can be collected to improve that
road.
COMMISSIONER TAYLOR: Second.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: There's 14 signed petitions?
MS. WALLACE: That is correct.
COMMISSIONER HENNING: I count 48 parcels. Am I wrong
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February 24, 2015
in the count?
MS. WALLACE: I believe there's 25 homes, and that was given
to us by, I believe -- we've been working with Harry Sells on this
project for some time now.
COMMISSIONER HENNING: Well, there might be 25 homes,
but there's 48 parcels, including -- according to our backup material.
Those parcels that do not have a home will still be taxed for the
improvements.
MS. WALLACE: Okay.
COMMISSIONER HENNING: What is the requirement for -- is
it 50 percent or 51 percent?
MR. OCHS: Commissioner, I'll ask Ms. Arnold to come forward
and explain.
MS. ARNOLD: Good morning, Commissioners. Michelle
Arnold, Public Services -- excuse me -- well, Public Services Division.
There are 25 parcels on the property (sic), and it is a
50-percent-plus-one requirement.
COMMISSIONER HENNING: Okay. The backup material
shows several different parcels, more than -- I mean, I count 28 -- 48.
But if it meets the requirements, I don't have any objections, but I will
follow up on it.
MS. ARNOLD: Yeah. There are a couple parcels that are on the
corner lots that are not being included in the MSBU; maybe those
parcels are ones that you're also counting. Because they don't have
direct access and have access to an alternate road, we weren't including
those parcels.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: All right. Yes, Ms. Wallace, thank you
very much for bringing this forward. You know, the improvement and
maintenance of non-county maintained private roads is a very difficult
situation. I commend you for, you know, your request, and I certainly
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February 24, 2015
support the motion for staff to continue to engage the community to
find a methodology to do this, which also is going to include, you
know, straightening out your easements and where those all are and
everything.
So I certainly support it. I'm very glad that you're doing this. I
think it's a good thing for other neighborhoods to consider. We've --
with Michelle's leadership and Harry also working with the
community, we're moving forward very nicely with Rock Road to have
them finally move not only through improvement and maintenance of
their road, but now up to and including consideration for paving that
road.
So thank you very much for bringing it forward.
All those in favor of the motion, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Thank you.
MS. WALLACE: Thank you for your time.
Item #10B
RESOLUTION 2015-39: A RESOLUTION PETITIONING
GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE
TO ENACT LEGISLATION THAT WILL RESTORE THE LOCAL
SCHOOL BOARDS' CONTROL OF EDUCATIONAL
STANDARDS, CURRICULUM, AND STUDENT ASSESSMENTS
— ADOPTED
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February 24, 2015
MR. OCHS: Commissioners, that takes us to Item 10B on your
agenda this morning. It was previously 16H3, moved by
Commissioner Taylor to the regular agenda. This item was continued
from the February 10, 2015, Board of County Commissioners'
meeting.
It is a recommendation to adopt a resolution petitioning Governor
Rick Scott and the Florida legislature to enact legislation that will
restore the local school board's control of educational standards,
curriculum, and student assessments.
COMMISSIONER TAYLOR: Do we have any speakers on this?
MR. MILLER: I just received two speaker slips for this.
COMMISSIONER TAYLOR: Maybe we should hear from the
speakers first, if we could.
MR. MILLER: Your first speaker would be Jared Grifoni. He'll
be followed by Jared Jones. Oh, I'm sorry. Jared Jones will be ceding
his time to Jared Grifoni.
Mr. Grifoni, you'll have six minutes.
MR. GRIFONI: Thank you.
Good morning, Commissioners.
I've been in front of you a few times now talking about this issue,
and each time I've come up here I've tried to initiate the discussion on
the basis of the Florida Constitution. I think that's the most important
aspect here. Everything -- all the other issues involved, whether it's
education, high-stakes testing, common core standards, it all needs to
be filtered through the Florida Constitution.
And Florida Constitution Article IX, Section 1, deals with public
schools. It says, uniform, safe, secure and high quality system of free
public schools is guaranteed that allows students to obtain a high
quality education, and that the school boards, under Article IX, Section
4(b), have the authority to operate, control, and supervise those
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February 24, 2015
schools.
Now, the intent of those provisions seems rather clear to me;
however, these constitutional provisions are not being met in at least
three significant areas, and that's high-stakes testing, common core
standards, and data collection.
Our state legislature has simply forgotten us on these issues. It's
no coincidence that Thomas Jefferson wrote, if it's believed that
elementary schools will be better managed by the Governor and the
Council, the commissioners of the literary fund or any other general
authority of the government than by the parents within each ward, it is
a belief against all experience.
And I think we know in our heart of hearts that these areas are
best handled by local boards, parents, teachers, and students, not only
because of the day-to-day experience that they have in dealing with
them, first-hand experience, but due to the direct accountability that
local officials have to their constituents.
One of the most harmful aspects of common core is the
high-stakes testing that goes along with it. Teachers are forced to spend
a huge chunk of classroom time, up to 50 percent in many cases and
sometimes even more, teaching to the test, teaching about the test, how
to take the test, take the test, retake the test, rather than focusing on the
subject matter and a love of learning.
These results for the test determine 50 percent of a teacher's pay
raise. They determine whether students can graduate. They determine
district funding. It would be great if students could opt out of those
tests but, unfortunately, they can't.
Our Education Commissioner, Pam Stewart, recently wrote a
letter to the Florida Senate basically saying that there's no legal way to
opt out of these tests.
In September, the Greater Florida Consortium of School Boards
-- they represent 11 districts, coastal districts and 42 percent of public
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February 24, 2015
school enrollments statewide -- unanimously voted to suspend
high-stakes testing.
The teachers, like I said, face employment sanctions, districts lose
funding, kids are held back, just by discussing, encouraging, or
actually opting out of these tests. It's state-sponsored bullying.
And when you look at this, in light of the Florida Constitution, is
that the proper manner to achieve the public schools for students to
obtain a high quality education in? How can we have those safe and
secure public schools as guaranteed by the Constitution of the State of
Florida without clear protection of local students' identifiable data?
How can we have an efficient and high quality system of
education, as guaranteed by the Florida Constitution, without the
ability of teachers to protect and foster the individuality of their
students due to a one-size-fits-all approach to standards and a curricula
that ultimately blunts individual potential?
And by approving this item that calls upon the Governor and the
Legislature under the home rule powers under Article IX, Section 4(b)
for school boards, you're assisting in an effort that will allow these
areas to be addressed better than they are now.
We should all be working in conjunction with one another on this
issue, board to board, individual to individual, student to student,
teacher to teacher because we all share the same concern. Really, we
want better for our community's children than what we have right now.
So your action today will hopefully allow this conversation to
continue again, once again, by asking these elected officials, parents
and teachers to evaluate and consider better options. It expands
dialogue, again, which is the opposite of common core. Common core
is restriction. It's force, it's coercion, it's bullying, and we need to stop
letting our elected officials off the hook in these matters, and this puts
our Legislature on notice that they need to do better. There's no
one-size-fits-all solution to a one-size-fits-all curriculum, and that's
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February 24, 2015
why we need you to stand with us today.
So I formally request that you stand with parents and teachers and
your constituents in this community by voting in favor of this
resolution, resolving that the Governor and Legislature work to pass
legislation restoring standards, curriculum, and assessment control to
the local county school board which will ultimately protect the
standards, curriculum, and individual and community control of
education.
This resolution has been changed quite a bit from the original
form, and that's fine. When you look at it, it deals with control. It
deals with who has the power to deal with these issues. It's no longer
saying that we must do something or we must go in a certain direction,
but it allows our local boards the power to find that best path for the
students and teachers in this community.
And I think -- I think you-all will be doing a great disservice if
you voted this down or voted against this. You'd really be voting
against the people who teach our kids every single day, the
administrators who make sure our schools work and function the way
they're supposed to.
They know best, they live it, and I think we need to give them the
authority, and we need to give them the push to allow them to continue
to do that.
Thank you.
CHAIRMAN NANCE: Who would like to make a comment?
Anyone?
COMMISSIONER TAYLOR: I'll make a comment.
CHAIRMAN NANCE: Is your button working, Commissioner
Taylor?
COMMISSIONER TAYLOR: No, it's not.
CHAIRMAN NANCE: Oh, we're not allowing you to speak
today?
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February 24, 2015
COMMISSIONER TAYLOR: No, you're not allowing me to
speak.
CHAIRMAN NANCE: That's okay. Go ahead, please, ma'am.
COMMISSIONER TAYLOR: I was very interested in what you
were saying, Mr. Grifoni. And I've just copied down some of the
phrases: Assist the School Board; allow local boards; they know the
best; again, you use assisting the School Board.
And I think if we, as a body, feel inclined to do anything today,
we need to follow Mr. Grifoni's -- what he's suggesting, that we assist
the School Board in sending a letter of recommendation of what
they're endorsing and what their legislative priorities are.
We are not the School Board. We are legislators. It really isn't in
our purview to do anything right now because we haven't studied the
issue.
We all have our personal opinions about what should be done, but
we do not have the -- I'm going to say this. It's an odd thing to say --
the educational background by being immersed in School Board
legislative issues in order to opine on this.
But if we have to do anything, let's follow Mr. Grifoni's idea by
allowing the school boards to voice what they know the best, which is
their legislative itinerary.
CHAIRMAN NANCE: Yes. Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Yeah, the resolution is all about giving local control to school
boards to further govern themselves. You know, a school board
member told me they're not even allowed to put a proclamation on the
agenda such as the first proclamation that we had on our agenda
recognizing kids.
I'm trying to find out when school is going to start for the year
'15/'16, and the School Board hasn't made a decision because the State
of Florida is dictating when they can start within the time frame. I
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February 24, 2015
can't do any planning until that calendar is set.
The only thing -- one of the things they do is hire a
superintendent, pay their salary, pay the superintendent's salary, set
their own salary, but there's very little control on what the Florida
school boards can do. And I'm glad that some of the legislators are
recognizing there needs to be some more control locally, and I think
there's, like, three bills on the legislative agenda in the State of Florida.
So all this proclamation is doing is sending to the Governor in our
delegation, the Florida Speaker -- the House Speaker and the Florida
Senate President and say, our school board members know best what is
for our children, and please allow them to have more local control.
So I'm going to make a motion to approve the agenda (sic).
COMMISSIONER HILLER: Second.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just have a couple comments.
The first one -- and I don't know if I'm putting you in an unfair
position, but being that your wife works in the school system, and they
were saying the teachers don't like it, do you have a -- do you have a
comment on that?
CHAIRMAN NANCE: Do I have a comment on it? Well, yes,
actually I do.
I certainly support the motion simply because this resolution --
I've gotten many emails. I can see there's a lot of angst in the
community, people sending me different language that is not in our
resolution, and I don't think they really understand which resolution
we're considering today, because they're using a lot of words that don't
occur in this resolution, which is really, I think, very nicely crafted by
Commissioner Henning to just be a support of home rule.
Before I answer your question, Commissioner Fiala, I'm going to
say that if you'll notice, our Florida Association of Counties legislative
priorities, every year, in my recognition, in my remembrance, have
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February 24, 2015
requests continuously going to the Legislature and to the Governor
allow the counties to have home rule on a whole variety of different
things that we don't.
So, I mean, I think this is a wonderful resolution. I would hope
that the School Board would give us a resolution supporting home rule
for the Board of County Commissioners within the State of Florida
because I think the government that's closest to the citizens is that that
governs best.
So, yes, you know, Mrs. Nance always opines on education
because it is her passion. And, you know, she was talking to me the
other day about education, which she does and has done for over 40
years, and she said, you know, I know that good things are going to
happen with our school boards and all the way up to the state because,
she said, no one is happy right now. The students aren't happy, the
parents aren't happy, the teachers aren't happy, the administration and
the School Board is not happy, and the Legislature's not happy. So
when we get to that point, I know that something good will be
happening.
So, you know, I support the resolution. I support our school
boards in totality. Do I support their legislative priorities? Absolutely.
If anybody wants to add that to the motion, I would certainly support
that.
So with that, Commissioner Hiller.
COMMISSIONER FIALA: Okay. That was just my first part.
CHAIRMAN NANCE: Oh, okay.
COMMISSIONER FIALA: I have three parts, so if I may.
CHAIRMAN NANCE: Go ahead, ma'am.
COMMISSIONER FIALA: Kathy Curatolo is out there in the
audience. And do you have anything to say to us, or do you want to
just sit there?
MS. CURATOLO: I'm happy to a say a few words.
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February 24, 2015
COMMISSIONER FIALA: I'd just like to get as much
information as I can on the record.
CHAIRMAN NANCE: Yes, ma'am.
MS. CURATOLO: • Thank you, Commissioners. I'm here
actually not as a school board member, but happy to share the work of
the School Board.
I had sent you each a letter based on our legislative priorities and
requesting your support for those priorities. And, by the way, the
School Board, just to clarify, does a number of proclamations. Our
proclamations are always focused upon student learning and great
teaching, and we don't waiver from those arenas.
I'm not going to give a personal opinion. I'm not here to do that.
I represent the School Board. But I will ask you to support our
legislative priorities. Does it need to be in a resolution? Absolutely
not. Simply a letter of support.
We have had great collaboration in this community with County
Commissioners and with private sector folks. We hope to continue
that collaboration because, actually, it is not about the negativity. Yes,
there are things that school board members, that our school
administration, that our community would like to improve, but we
embrace one another, we discuss these issues, and create action plans
in partnership.
We rarely focus only on the negativity, because here in Collier
County we're about collaboration. We're about improving student
learning, and we do this in a positive way, always, and will continue to
do so.
Thanks.
COMMISSIONER FIALA: Thank you, Kathleen -- or Kathy,
I'm sorry.
And, lastly, I just want to say that this has been so difficult for me
only because I've -- you know, just like you, I've gotten all these letters
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February 24, 2015
one side or the other. They feel so many things. And I think that either
way -- not home rule. I'm all in favor of home rule. I just feel that
that's important, and I think sometimes it's been taken away from us,
and I don't like that at all. But I do feel that common core has some
good sides, but it also has some bad sides, and I think that needs to be
cleared up.
Will home rule do that? I don't know. It depends on what they
come up with, but I'm willing to at least try and see if we enact -- and
we're not enacting. We're just sending them a resolution and saying,
you know, we would prefer that they use home rule.
CHAIRMAN NANCE: And this resolution doesn't address any
specifics --
COMMISSIONER FIALA: No.
CHAIRMAN NANCE: -- which would be acted upon by the
School Board.
COMMISSIONER FIALA: Right.
CHAIRMAN NANCE: It just tries to request that our legislative
body grant broad home rule powers to the school board, so --
COMMISSIONER FIALA: Right, right. And so that's -- I think
I've said everything I wanted to say.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. I listened very closely
to Kathy Curatolo's personal statements. And what's very clear is
when she was talking, everything she said addressed how the local
board would act in the interest of the local community. Well, the local
board can't act in the interest of the local community without home
rule. So, by implication, I can only infer that she supports home rule
for the local school district and for all school districts in the State of
Florida. And that's what this is all about.
I have to echo what Commissioner Nance said. Home rule has
been a priority for the Florida Association of Counties since I can
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February 24, 2015
remember. I firmly support and endorse home rule for the Board of
County Commissioners. I support home rule for all local bodies.
Every jurisdiction is different. And without home rule, we cannot be
adaptative to the concerns and the needs of the local community.
If everything is going to be dictated to us by the state and the
federal government, who have no idea what's going on at the local
level, we are certainly not going to do our best for the community.
So your statement about whoever is closest to the people does the
best for the people in the people's interest is absolutely true,
Commissioner Nance. So I firmly endorse this resolution that goes to
home rule in every way.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I found my button.
So -- and I understand the -- I understand the broad appeal of
home rule, and I am one of those proponents of home rule, but we're
talking about the education of our children.
If we carry home rule to the degree that every school board can
handle -- can determine -- which is what this resolution says, to restore
the control. It's not just home rule we're talking about. We're talking
about restoring the control of standards, curriculum, and assessments
to the local county school districts, then folks in Miami might very
well have different standards, curriculum, and assessments than the
school boards in Collier County and vice versa.
It could probably go -- you could probably find difference of
opinions in these areas in every school board in the state, and that will
determine the education of our children, how they can move from
county to county or from state to state without penalty because maybe
they weren't taught certain things that they need to know.
So I respect the concern for home rule, but I would proffer that
this resolution talks a lot more about -- than home rule. It talks about
restoring the control of standards, curriculum, and assessments to the
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February 24, 2015
local county school districts. That is not what the Board of Governors
of the United States of America did several years ago. So we are
treading into a very dangerous area.
If we are going to pass this, then I would like -- I don't mind to
remaining (sic) "The Florida constitutional grant of broad home rule
powers bestowed upon Florida school boards," and let it end at that.
I'd like to strike "to pass legislation that restores the control of
standards, curriculum, and assessments to the local county school
districts under the State of Florida."
CHAIRMAN NANCE: Commissioner Henning, under Article
IX, does it not say that the school boards control -- what does Article
IX say?
COMMISSIONER HENNING: Well, I'd have to get to it, but
here's what the resolution -- the meat of it. Now, therefore, be it
resolved the Board of Commissioners of Collier County hereby calls
upon the Governor, state legislators to protect the Florida Constitution
granting broad home rule powers bestowed upon school board to pass
legislation to restore the control, standards, and curriculum assessment
to the school boards under Article IX. Let me get to the executive
summary.
Jeff, do you have that?
MR. KLATZKOW: The executive -- have what, sir? I'm sorry.
COMMISSIONER HENNING: The Article IX.
CHAIRMAN NANCE: Article IX of the Florida Constitution,
sir. Could you buzz that up on the computer real quick and tell me
what --
MR. KLATZKOW: Yeah. I'm actually looking at it as we speak.
I'll have it in two seconds.
CHAIRMAN NANCE: It's only about two sentences.
MR. KLATZKOW: No. I've got it. Give me a second, sir.
Section 4(b). Section 4(b) provides that the school board shall operate,
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February 24, 2015
control, and supervise all free public schools within the school district
and determine the rate of school district taxes within the limits
prescribed herein. Two or more school districts may operate and
finance joint educational programs.
Again, the school board shall operate, control, and supervise all
free public schools within the school district.
COMMISSIONER HENNING: There you go.
COMMISSIONER TAYLOR: So why are we passing the
resolution?
COMMISSIONER HENNING: Because they don't have. They
can't even set their calendar without -- it has to be within a certain time
period, or they get fined if it's outside of that.
COMMISSIONER TAYLOR: But the reason -- again, what I'm
understanding -- and this is, again, what I -- I'm not a school board
member, but I have children in the school system, so I pay attention to
this. The reason, that they do not want to penalize children taking
exams before Christmas; if they start too late, unfortunately, they
would have to take the exams after Christmas, and it would penalize
them.
So there's many, many nuances to what the School Board is
doing. This Board is not the School Board. We're treading into an
area that we do not belong, and that's -- I cannot support this.
CHAIRMAN NANCE: Okay.
COMMISSIONER HILLER: Call the question, please.
CHAIRMAN NANCE: All right. Any further comments?
(No response.)
CHAIRMAN NANCE: There's a motion by Commissioner
Henning and I think a second by Commissioner Hiller; is that correct?
COMMISSIONER HILLER: Correct.
CHAIRMAN NANCE: All those in favor, signify by saying aye.
Aye.
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February 24, 2015
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN NANCE: Commissioner Fiala and Commissioner
Taylor dissents. It passes 3-2.
COMMISSIONER HENNING: And if anybody hears when
school's going to start in 20 -- somewhere in 2015, let me know.
COMMISSIONER HILLER: Maybe we should ask President
Obama.
COMMISSIONER HENNING: It's on the calendar of, well, let's
see, the 24th of August --
COMMISSIONER TAYLOR: We have the answer, sir.
COMMISSIONER HENNING: -- or August 17th.
COMMISSIONER TAYLOR: Ms. Curatolo, please.
COMMISSIONER HENNING: That's a private matter.
COMMISSIONER HILLER: I think it's inappropriate to get into
this discussion. This is not on the agenda. Point of order.
CHAIRMAN NANCE: We're going to go to the next -- we're
going to go to the next agenda item. Thank you. We'll let the School
Board address all items relative to the schools.
Item #13A
PRESENTATION OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2014 AND AUTHORIZATION TO FILE THE
RELATED STATE OF FLORIDA ANNUAL LOCAL
GOVERNMENT FINANCIAL REPORT WITH THE
DEPARTMENT OF FINANCIAL SERVICES - MOTION TO
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February 24, 2015
ACCEPT REPORT — APPROVED
MR. OCHS: Mr. Chairman, that would take us to your 10 a.m.
time-certain hearing this morning. That is Item 13A. It's a presentation
of the Comprehensive Annual Financial Report for the fiscal year
ended September 30, 2014, and authorization to file the related State of
Florida annual local government financial report with the Department
of Financial Services. And your Clerk to the Court Finance Director,
Ms. Kinzel, will begin the presentation.
MS. KINZEL: Good morning, Commissioners. For the record,
Crystal Kinzel with the Clerk's Finance Department.
It's actually great to be here on another good-news item. We had
several this morning. This is another one.
For 28 consecutive years, we've received the GFOA Certificate of
Excellence in Financial Reporting, and we're here today to present to
you the 29th year, we expect.
We work all year long diligently to gather information, financial
data, and that takes a lot of people, not just the finance and accounting
staff. So I'd like to acknowledge and thank a few people first that
make this all possible.
The Clerk's Finance and Accounting staff, stand up. They're very
bashful about coming down to the boardroom, but I believe they
deserve some recognition. This is what they do and work on all year
long with the county departments.
(Applause.)
We also work very closely with your Office of Management and
Budget, Mark Isackson, and we'd like to thank Sherry Kimball -- stand
up, Sherry -- and Therese Stanley from the Grants Compliance Office.
They coordinate with us the external audit from the county department
side, and so we really appreciate their particular support.
But we'd also like to thank all of-- the County Manager for
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February 24, 2015
helping direct this and all of the county divisions. We, obviously, have
to work closely all year long; we do that. And this is the culmination
of all of those efforts, so we're quite proud of it.
We'd also like to thank the constitutional officers. If you look at
the back of the CAFR that you were previously provided, you will see
the financial statements for each and every officer. So they participate
and are included in the presentation to you today.
In addition, I would like to point out that we are bringing this a bit
earlier this year. We routinely bring this to the board in March. So
we're moving it back and getting it done a little sooner. We see that as
a great improvement. February, maybe one or two meetings, but we're
working towards more of a January time frame. Staff always frowns at
me when I say that, but that's somewhat of our goal. But we've
appreciate it at least earlier this year.
Also to remind the board, two years ago, we were paying over
$600,000 for our audit services. We were facing an escalation to over
$800,000.
We re-solicited for audit services in a rather constrained
environment. We were fortunate enough to receive submissions from,
including Clifton, Larson, Allen, your current external audit firm. They
are a Naples/Fort Myers office, so you have local availability, and the
office -- and the audit services both last year and this year remained at
330,000. So about half of what you were paying previously. We think
all of that is good news to the taxpayers and good news to the
preparation of the financial statements in whole.
So with that, I would like to introduce Marty Redovan, who is a
principal with Clifton, Larson, Allen. His presentation was included in
your agenda packet, and he will make the presentation. There are
certain things that he needs to get into the record, and then he will be
available, as will we, for any questions you might have.
Thank you.
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February 24, 2015
MR. REDOVAN: Thank you, Crystal.
Good morning, Mr. Chairman, Commissioners. As Crystal
mentioned, my name is Marty Redovan, and I was the principal in
charge of the audit for Collier County this year. And I want to go
through what our responsibilities were and the results of the audit with
you.
First of all, you hire an external auditor to report on your financial
statements to start with. We have to do some limited procedures on
what's know as required supplemental information. In your
documents, that would be management's discussion and analysis and
some information in the back regarding other post-employment
benefits.
We test and report on your compliance with federal grants. We
also test and report on your compliance with state grants, as well as
issue what's known as an attestation report on the county's compliance
with the investment statute for the State of Florida, which is 218.415.
Reports that are delivered to you and are part of the CAFR,
Comprehensive Annual Finance Report, include our independent
auditor's report, a report on internal control over finance reporting and
on compliance and other matters based on our audit, and then a report
on compliance with the requirements that could be -- or could have a
direct and material effect on each major federal program and state
project, and I'll get into that in just -- in a little more detail here
momentarily.
We also are required to issue a management letter under the rules
of the Auditor General, our attestation report, as I previously
mentioned, and a communication to you as governance on various
matters that are required under auditing standards, and I believe that
full document was also provided to you with your package.
So where does that leave us? The overall reporting. So the
independent auditor's report on the financial statements themselves is
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February 24, 2015
unmodified. In essence, it says that the financial statements present
fairly in all material respects the financial information for the county in
accordance with generally accepted accounting principle. That's the
highest level of assurance that we can render on your financials.
The independent auditor's report on internal control, no material
weaknesses noted in the internal control systems that we tested as part
of the audit.
The single audit reports, again. We call them single audit reports
because that's how the federal government phrases the enactment of
their legislation to test these. But we test compliance over federal and
state projects under a selection process dictated by both the federal and
state rules, but we issued an unmodified opinion on compliance with --
over the grants that we tested.
We had two findings over compliance and internal control over
compliance, one of which dealt with timely submission for
reimbursement requests for monies spent, and the other dealt with a
requirement for a vendor to use E-Verify, and that was not -- the
vendor did not follow that requirement, and we did -- you know, we
did find that.
Within your document, again, within the Comprehensive Annual
Financial Report, you will see the finding, but you will also see
management's corrective action plan to address the findings this next
coming year, of which we have the responsibility to report back to you
whether or not, you know, findings of the prior year were corrected.
That, too, is in your document and it lists the findings from our
prior audit that were corrected during, you know, Fiscal '14. So that's
also in the overall Comprehensive Annual Report.
The management letter; no deficiencies reported within the
management letter. But to kind of give you perspective, the one report
I mentioned, the independent auditor's report over intentional control,
within that document we would report what is known as a material
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February 24, 2015
weakness or a significant deficiency, both which are high-level
problems if you have them, and they would be reported there. Good
news is, there were none reported there.
Other items, we call them, you know, deficiencies based on the
way the auditor general describes them. We would basically say its,
you know, recommendations for improvement or other minor findings.
But in this particular case, we had none, and there's none in the
management letter.
We also had an unmodified opinion on the attestation report over
the county's investment policy and the implementation of that policy.
What I'd like to bring to your attention briefly -- and this is some
of the items that Crystal mentioned that I have to cover under our
standards. There was a change in accounting policies this year. That
was the implementation of what was known as a GASB 65, and so that
did have some changes on what's known as your beginning net
position or beginning fund balances in different funds to implement
that standard.
So when you read the CAFR and you see a restatement and
beginning fund balance because of 65. It's not an issue of anything --
you know, that people did anything wrong. A lot of times you see
"restatement," and you say, oh, must have had a problem last year.
That's not the case. It's really just the implementation of this new
standard and the way the rules work and how you recast beginning net
position or fund balance.
Embedded in your financial statements are some inherent
estimates. So depreciation of your capital assets, whether it's, you
know, the utility assets, other infrastructure assets and so forth. It's an
estimate of what the useful lives are on those properties, those capital
assets and depreciation set accordingly.
The allowance for doubtful accounts over utility receivables or
EMS, again, that's an estimate based on historical, you know,
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February 24, 2015
experience, yet it's an estimate inside your financial statements. And
the other two would be the post-employment benefits that I mentioned
before and landfill closure costs. Those are all based on -- one's based
on engineering estimates, the other's based on actuarial estimates.
So understand that not every number in the financial statements is
a hard and fast number. There are estimates within your financial
statements.
We did not experience any difficulties during the audit from
management, and when I talk about management, I am talking about
both from a Board perspective and a Clerk's perspective, because we
deal with departments of the Board, and we deal with Clerk's finance.
So we're working throughout the county.
And as Crystal mentioned, that also includes the constitutional
officers. We audited all the offices of the constitutional officers and,
again, no disagreements anywhere within the audits of the county that's
embedded in these financials.
And same statement being no disagreements with the
management, and that would be, again, all components of the audit.
Future considerations, this one I think is important and,
unfortunately, I don't have all the information for you yet because the
State hasn't provided quite a bit of it. There's a new standard that's
effective at -- you know, for this fiscal year that we're in. It's called --
you know, it's the pension standard or it's known as GASB 68,
Accounting and Financial Reporting for Pensions.
You are a participant in the Florida Retirement System, which is a
multi-employer cost-sharing pension plan. So right now you and the
counties, the school boards, other special districts, some state agencies
participate in this plan, all right. What -- where am I going with this?
Under this pronouncement, when you look at the Florida Retirement
System, under the old measures -- they're going to change with the
new requirements, but using the 2013 pension plan -- FRS's pension
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February 24, 2015
plan information, while the FRS is funded at 86 percent -- which is
very good for a state plan. Don't get me wrong, it's a very good funded
plan, but there still remains over a $21 billion unfunded liability, okay.
State -- plan-wide.
Over 70 percent of that unfunded liability could be attributable to
school districts, state agencies; 22 percent of that liability is
attributable to counties. So do the math; 22 percent of$21 billion.
What this statement is going to do is require that each county
reports their fair share of that amount on your financial statements.
So September 30th of'f 15, there will be a new liability on your
statement of net position for your share of that liability. Do I know
what that number is? Unfortunately, I do not. And the reason why I
do not is because the State does not know at this point. They're
working on it as we speak.
Speaking of going back to something that Crystal mentioned, you
know, we are working very hard, as everyone here at county is, to, you
know, complete the audit, you know, and release sooner for you.
Unfortunately, the State is behind on the implementation of GASB 68.
So with that, we can get the audit done to a point as -- you know, as
can the Clerk's Office and the Board departments. We can do what we
can do, but we're going to wait for the State to provide this information
for the implementation of 68.
I have heard that it's going to be the early part of 2016. So while
we may be able to finish up our work in December or early January,
we may be waiting for this information next year. Just to kind of give
you a heads-up. That's what somewhat, you know, maybe the less
important point versus what I've told you.
The other thing I would like to mention to you, though, is that
from a bond rating agency perspective, they are well aware of this
issue. They have been at the table as this standard was developed over
time. As you can see in the slide, this was basically adopted back in
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February 24, 2015
June of 2012. It was vetted, you know, many years before that, and the
rating agencies were part of the process during that.
To be honest with you, they already -- you know, when they're
looking at you or any other county when bonds are going out the door,
they're already evaluating your share of this. They're evaluating your
OPEB situation. That's already, you know, been part of the process.
So it's not going to be a surprise to them nor do I think that would
it have a negative impact on Collier County or any county for that
specific issue, okay. Just so you know that. I didn't want you to think
that, you know, okay, everything's going to change. It's not. It's
evaluated, but the number is not going to be small, and you need to be
aware of that.
In conclusion, like I mentioned, we work, you know, with various
departments at the county. We work with Clerk's Finance, and we
appreciate the cooperation from everybody that we have worked with
during the audit, the audit period.
And with that, I'll stop and be able to answer questions that you
may have.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Thank you very much, Marty.
The Clerk's internal audit staff has presented numerous internal
audits to the board, and those internal audits, according to them, reveal
substantial deficiencies. They would never make the claim that there
were material weaknesses, because I have asked them to define
materiality, and they apparently don't in their audits.
So I'm somewhat concerned, because your conclusion for the
same period is that there were no material weaknesses in the internal
controls of the county and that you noted no deficiencies as it relates to
your testing of the internal controls, which completely contradicts what
has been reported to us. So if you can explain that.
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February 24, 2015
And then the second thing is, I'd like to know to what extent
you're relying on internal control testing to reduce your own testing.
MR. REDOVAN: Okay. As to the first, the scope of our audit
and the materiality that we use within the scope of the audit is
completely different than what would be used in internal audit. So we
use our measures based on the financial information.
COMMISSIONER HILLER: And I understand that. But, again,
like I said, the Clerk's Office would not define materiality with respect
to their testing.
So what I'm saying is, let's assume that we don't address material
weaknesses, because you clearly said there were none, and the Clerk
won't define materiality.
But my concern is, you say there are no deficiencies, and the
Clerk's internal audits have revealed, you know -- they've stood --
Isn't that correct, Leo? Didn't the Clerk's audit staff stand before
us and go on and on about, for example, all the deficiencies in internal
controls over cash? Isn't that what they stated?
MR. OCHS: Yes, ma'am. I believe those were among the
findings in some of the recent audits.
COMMISSIONER HILLER: Yeah. And so, again -- I'm talking
to Marty, Crystal, if you don't mind.
MS. KINZEL: But I need to answer these questions. They relate
to the internal audit's process.
COMMISSIONER HILLER: If you don't mind --
MS. KINZEL: And we do have -- he's trying to answer some of
the questions that you have. But regarding the materiality, it is a
totally different set of circumstances.
COMMISSIONER HILLER: As, again, I said we obviously are
not dealing with materiality because you've clearly stated that you
don't have a materiality threshold.
So, again, as the County Manager pointed out, we were presented
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February 24, 2015
with audits that reveal all these deficiencies, and I'll give you cash as
an example most recently.
So I don't understand how your -- and I understand the issue with
respect to materiality. But, again, beyond or beneath that materiality
threshold is where you're looking at deficiencies, how come you did
not find all these issues that the Clerk brought to us and said were a
problem?
MR. REDOVAN: Well, let me try to frame it maybe with an
example, because I haven't -- I'm not aware of the complete details in
the internal audit report that you're referring to at this point.
COMMISSIONER HILLER: County Manager, would you give
him all those audits?
MR. REDOVAN: Well, we've got access to them, and I'll go
back and go back through them.
When we look at cash and investments from accounting
perspective --
COMMISSIONER HILLER: And that's just one example.
MR. REDOVAN: I know, but I'm trying to use it as maybe to
kind of put that example out there for each of these type of items.
We're looking at it from the perspective of hundreds of millions
of dollars, and we look at the process of reconciliation. Are they
timely? We do confirmation. We do specific procedures when you
look at it from that -- you know, that level. You know, hundreds of
millions of dollars following auditing standards.
Do I look at the cash collection process at parks and rec, for
example, when the amounts are -- from our perspective, again, in
context of the scope of the audit, not material. I can't say that every
year we look at every department and the cash collections. Do we
cycle through them? We do, and we look at it from a risk perspective.
So you have to kind of look at we're here based on the scope of
the overall financials and materiality that's set, and we don't turn over,
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February 24, 2015
you know, every leaf and every stone when we deem them, you know,
immaterial to the scope of the financials.
So if there are some, you know, items like that, whether it's cash
or any other item, it could be another grant. The way we have to attack
grants is set by both, you know, federal and state law.
If there's a grant that's under our threshold, let's say it's a $50,000
grant, it's outside the scope of the audit. So if there's findings there --
and there very well may be -- that's not part of the scope of the audit,
so there is going to be a difference in what internal audit does versus
what your external auditors do.
COMMISSIONER HILLER: And I completely understand that,
and I appreciate your answer, except the way these audits were
presented to us, they were presented as a systemic issue, not as a
narrow finding, if you will, and the scope of these audits were intended
to be systemic audits, not audits, again, limited to a specific inquiry for
a specific purpose.
So, generally, your statement is true, but as it relates to what's
going on, it doesn't reconcile. And I have concerns about that, and I
think we need to sit down and address that.
COMMISSIONER HENNING: Move to accept the 2014 CAFR.
COMMISSIONER HILLER: And also, could you answer the
second question, to what extent do you rely on the testing of internal
audit to reduce your own testing?
MR. REDOVAN: Internal audit or internal controls?
COMMISSIONER HILLER: Internal audit.
MR. REDOVAN: We don't rely on internal audit. We review
their reports to set our risk assessment and decide where we need to
deploy our resources based on those findings. So we will review those
from that perspective, but as far as a reduction overall in our audit --
COMMISSIONER HILLER: So you don't, like, test their testing
and rely on --
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February 24, 2015
MR. REDOVAN: No.
COMMISSIONER HILLER: -- and reduce work based on that?
MR. REDOVAN: No. Again, it's a risk-assessment approach,
and it stops there.
COMMISSIONER HILLER: Thank you.
MR. REDOVAN: You're welcome.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion to accept the report, and
a second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: It passes unanimously.
Thank you very much.
MR. REDOVAN: Thank you.
CHAIRMAN NANCE: I think, Mr. Ochs, do you want to take a
brief break, sir?
MR. OCHS: Well, pleasure of the board, sir.
CHAIRMAN NANCE: Or do you want to try to do one more?
We're closing in --
COMMISSIONER HILLER: Can we do John Cox since he's
sitting here? I know that they need to get back to work. If we could
address that.
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February 24, 2015
CHAIRMAN NANCE: Do you want to do that, Mr. Cox? Let's
do one more item then, if you'd like.
MR. OCHS: Yes, sir.
Item #11D
AN AGREEMENT WITH POSITION LOGIC, LLC, AN
EXISTING COLLIER COUNTY TECHNOLOGY FIRM,
PROVIDING FOR A BUSINESS LOCATION INDUCEMENT
GRANT OF $117,600 AS AN INCENTIVE FOR THIS COMPANY
TO EXPAND AND MAINTAIN ITS OPERATIONS IN COLLIER
COUNTY — APPROVED
MR. OCHS: Then, Mr. Chairman, I believe that would be Item
11D on your agenda this morning, and that is a recommendation to
approve the agreement with Position Logic, LLC, an existing Collier
County technology firm, providing for a Business Location
Inducement Grant of$117,600 as an incentive for this company to
expand and maintain its operation with Collier County.
Mr. Register, your Director of the Office of Business and
Economic Development, will make a brief presentation.
MR. REGISTER: Thank you.
Commissioners, good morning. I'm Bruce Register. I'm your
Director of Business and Economic Development Office.
Agenda Item 11D consists of staffs recommendation to approve
an agreement for Business Location Inducement Grant for Position
Logic. That's a successful cutting-edge information technology
company that has a long-standing Naples headquarters.
The agreement provides up to $117,600 over four years to induce
this firm to maintain and expand its operations in Collier County.
This company had indicated an alternative location outside of
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February 24, 2015
Collier to provide substantive advantage to the company's business
model. And given the consideration of this grant to offset this vacant
since-new office space cost, the company agrees to expand and grow
in Collier County.
Staff has worked with the Greater Naples Chamber's partnership
for Collier's future economy to work with this valuable community job
generator to focus on building our economy as laid out in the recent
Economic Development Strategic Plan.
This program that we intend to bring forth after this -- in the
subsequent agenda items in the very near future will address the
continuity of continuing this program. And I can assure the
Commission that this program will meet the principles that have been
outlined in our previous discussion about financial incentives in the
sense that it will be equitable, it will have public accountability, it will
also represent a strong relationship to public benefit, and it will meet
our legal conformity. In particular, this conforms with Florida Statutes
125.045.
With that, I stand ready to answer questions you may have.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: I'm assuming we have an
ordinance to do this. I know that job creation is one that's in the
agreement. There's no job creation.
MR. REGISTER: Commissioner, this is the preamble to a
program that we believe will focus on the public accountability effort
to make the business case for Collier's contribution that will offset the
capital investment which can have a direct correlation to the retention
and creation of quality jobs.
COMMISSIONER HENNING: What's the ordinance number?
MR. REGISTER: There is -- this is a program that we're
intending to bring to the commission in the very near future, and it will
be outside of the ordinance process. It will be a program, but it will be
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February 24, 2015
predicated on Florida Statute 125.045, which establishes broad
economic development powers for the county.
COMMISSIONER HENNING: Just answer the question; that's
all I was asking.
MR. REGISTER: I'm sorry, sir.
MR. OCHS: The authority is under your state statute,
Commissioner.
COMMISSIONER HENNING: State statutes. I said, what local
authority, okay. And, again, I know that we give grants for creation of
jobs. This one has no tie to jobs.
MR. OCHS: Just as a retention inducement; not a direct job
creation inducement, you're correct, sir.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: Any other comments?
Mr. Register, it's my understanding that if you wanted to describe
this sort of an effort -- and you and I discussed this -- that you're
describing this as a capital infrastructure investment sort of an
incentive.
And I actually hope that we can move forward with a program, if
we need to create an ordinance to expand this effort. I personally
believe that capital infrastructure investment is certainly a predicate to
any job creation, and I also personally like that sort of an incentive,
because I believe it puts more skin in the game by somebody coming
into Collier County.
Rather than saying they're going to hire somebody, if somebody
wants to build a $2 million building, I pretty much know they're going
to hang around. You know, they're not going to disappear the day after
tomorrow and our jobs with it.
So I really do endorse the concept of capital infrastructure
investment. You know, if Commissioner Henning has reservations
because of local authority, I would definitely want to consider that.
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February 24, 2015
But, you know, conceptually, I think capital infrastructure investment
incentives are something we should look very carefully at.
Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you. I agree with you,
Commissioner Nance. I feel the same way. And as to the legality of
what's being done today, the County Attorney did review -- and as part
of the executive summary, he has opined that this item was reviewed
and is deemed to be -- by the County Attorney and deemed to be
legally sufficient; is that correct, County Attorney?
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: So, in other words, the Board can
act on this even though there's no ordinance in place on this particular
incentive that's being proposed?
MR. KLATZKOW: You're acting under the state grant though of
substantial economic development powers granted you.
COMMISSIONER HILLER: Thank you.
So with that, I'd like to make a motion to approve, and if I could
have a second.
COMMISSIONER TAYLOR: Second.
COMMISSIONER HENNING: Second.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Okay. We have a -- we have a motion to
approve and two seconds. One from Commissioner --
COMMISSIONER HILLER: Two seconds, yes.
CHAIRMAN NANCE: -- Commissioner Taylor.
Commissioner Fiala?
COMMISSIONER FIALA: I was going to make the motion, so
CHAIRMAN NANCE: No further comment?
COMMISSIONER FIALA: No.
CHAIRMAN NANCE: All right. Any additional comments?
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February 24, 2015
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Thank you very much.
MR. REDOVAN: Thank you, Commissioners.
MR. OCHS: Thank you, Commissioners. That puts us right in
time for your court reporter morning break, sir.
CHAIRMAN NANCE: Thank you. We will return at 10:40.
MR. OCHS: Thank you.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: All right, sir. Depending on the will of
the board, I think we're going to try to proceed expeditiously through
the remaining of the late morning agenda.
I believe that takes us to which item, sir, 11A?
MR. OCHS: Yes, sir.
Item #11A
AWARDING CONTRACT NO. 14-6289, DESIGN-BUILD
GOLDEN GATE BOULEVARD 4-LANE, EAST OF WILSON
BOULEVARD, TO AJAX PAVING INDUSTRIES OF FLORIDA,
LLC, IN THE AMOUNT OF $19,430,000, PROJECT NO. 60040 —
APPROVED
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February 24, 2015
MR. OCHS: 11A is a recommendation to award Contract No.
14-6289, the design build Golden Gate Boulevard four-lane east of
Wilson Boulevard to the Ajax Paving Industries of the Florida, LLC, in
the amount of$19,430,000.
CHAIRMAN NANCE: I will tell you that this is a wonderful
project. This is the first extension of Golden Gate Boulevard
eastbound in many, many years. Everybody is looking forward to it.
The traffic out there is absolutely horrendous.
COMMISSIONER HILLER: Motion to approve.
CHAIRMAN NANCE: It's going to take it east to 18th Street.
Commissioner Hiller's making a motion to approve. I'm going to
second it.
COMMISSIONER FIALA: Second. Oh, you second it.
CHAIRMAN NANCE: You want to speak to this, ma'am? No.
COMMISSIONER HILLER: No. I think it -- I agree with you.
You're saying exactly what I think. I mean, we need that expansion,
and it's timely.
CHAIRMAN NANCE: Absolutely.
Any further comments?
COMMISSIONER FIALA: Yeah. This is one of those easy
ones. You need to do it. It's time to do it. We've been wanting to do it
for a while, but money didn't allow it, so let's move forward.
CHAIRMAN NANCE: That's wonderful.
All those in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
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February 24, 2015
(No response.)
CHAIRMAN NANCE: Thank you, Jay.
COMMISSIONER HENNING: Just real quick.
CHAIRMAN NANCE: Sir?
COMMISSIONER HENNING: Yeah. It's a much needed relief
to the citizens of Golden Gate Estates, our workforce, you know,
traveling out there, you know, day and day.
CHAIRMAN NANCE: It has been tough for the longest time, so
everybody's excited about this project. And hopefully, you know,
we're going to be able to start it this summer with the early work. I
know we'll get caught up into the rainy season but, you know -- and I
also want to thank Travis and the other staff members that got back to
me on the provisions we have for asphalt on our project so that we can
potentially save some money on our bidding process going forward by
indexing the petroleum cost into the cost of our asphalt.
So thank you to staff and everyone else.
MR. OCHS: Thank you, Commissioners.
Item #1 1 B
AUTHORIZING THE CREATION OF TEN (10) ADDITIONAL
FULL TIME EQUIVALENT (FTE) 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 — APPROVED
MR. OCHS: That takes us to Item 11B. That is a
recommendation to authorize the creation of 10 additional full-time
positions in the Growth Management Department in response to
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February 24, 2015
increased customer demand.
The proposed positions will be funded with current user fee
reserves and requiring no additional fees and will have no fiscal impact
on the General Fund.
Mr. James French, your Deputy Administrator for your Growth
Management Department, is available to present or respond to
questions at the pleasure of the board.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN NANCE: There's a motion to approve by
Commissioner Fiala.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: A second by Commissioner Taylor.
COMMISSIONER HILLER: Call the question.
CHAIRMAN NANCE: Comments? Hearing none. Seeing none.
COMMISSIONER FIALA: Oh, there's a public speaker.
MR. MILLER: I have one public speaker.
CHAIRMAN NANCE: Excuse me. Mr. Miller, please.
MR. MILLER: Kathy Curatolo.
MS. CURATOLO: Chairman Nance, Commissioners, it is my
pleasure to speak to you on behalf of the other hat that I wear with
great pleasure, the Collier Building Industry Association.
CBIA certainly supports the additional full-time positions in
Growth Management, but I want to take this opportunity to share with
you for a few minutes some of the work that we have been doing
collaboratively and truly to acknowledge Mr. Jamie French, Mr. John
Walsh, and Mr. Rich Long from Growth Management.
They meet with the leadership of CBIA on a monthly basis at our
office. We do a lot of brainstorming together. We work out specific
issues together, and that has been a very fruitful relationship over the
past 18, 20 months or so, and we're pretty proud of that collaboration.
I speak to you today, however, on our continued collective desire
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February 24, 2015
to work together to think outside the box for ways that we can manage
growth effectively within our community.
And some of the things that we've been talking about over the
past few months, our focus, if you will, is on mapping the inspections
process. Where do redundancies exist between fire and county? How
are required inspections determined at the plan review stage?
Timing of-- the time frame for permits. Turnaround; for
residential it's five days. We're thrilled with that. For commercial it's
15 days. We'd like to tweak that somewhat as we work together in our
economic sustainability and effectiveness.
And, again, I just wanted to come forward so that you are aware
of the collaborative work that we're doing behind the scenes to
continually improve the process. Those areas in which I have outlined,
we will continue to work on, and then finally determine what are the
revenues coming in, what are the best opportunities for us to make
changes both in the private and public sector.
We need your support and your leadership to continue this effort
in our community. Thanks so much.
CHAIRMAN NANCE: Thank you. Is that the only speaker, Mr.
Miller?
MR. MILLER: Yes.
CHAIRMAN NANCE: All right. Any further comments by
board members?
(No response.)
CHAIRMAN NANCE: Seeing and hearing none, all those in
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
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February 24, 2015
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Passes unanimously.
11C.
MR. OCHS: Yes, sir.
Item #11C
AUTHORIZING THE CONVERSION OF 20 JOB BANK AND
FOUR CONTRACT LABOR POSITIONS TO CREATE 24 FULL
TIME EQUIVALENT POSITIONS IN THE PUBLIC UTILITIES
DIVISION TO RESPOND TO THE GROWTH IN THE DEMAND
FOR SERVICES — APPROVED
MR. OCHS: 11C is a recommendation to authorize the
conversion of 20 job bank and four contract labor positions to create
24 full-time positions in the Public Utilities Department to respond to
the growth and the demand for services.
Dr. Yilmaz, your Public Utilities Department Head, is available to
make a presentation or respond to questions.
I will add, Commissioners, that this proposal was taken to the
Development Services Advisory Committee fully vetted. They
received a unanimous endorsement from the DSAC, and Dr. Yilmaz is
prepared to respond to questions.
CHAIRMAN NANCE: Questions from board members?
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion to approve by
Commissioner Taylor, and a second by Commissioner Fiala.
Commissioner Henning?
COMMISSIONER HENNING: Don't we have a utility authority
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February 24, 2015
still?
DR. YILMAZ: Commissioner, if I might, for the record, George
Yilmaz, Public Utilities.
We do have Water/Sewer District Authority on the Growth
Management who does regulate private package sewer treatment plant
and FDEP nonregulated water/sewer facilities.
COMMISSIONER HENNING: But it doesn't make any
recommendations of the public?
DR. YILMAZ: No, sir, it does not.
COMMISSIONER HENNING: This is above and beyond during
the peak of what you're asking, what, by four?
DR. YILMAZ: Yes, sir.
COMMISSIONER HENNING: Will this include operation of
the new plant in Orangetree?
DR. YILMAZ: No, sir.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: Other comments?
(No response.)
CHAIRMAN NANCE: Hearing none, seeing none, all those in
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Commissioner Henning dissenting.
Item #1 l E
RECOMMENDATION TO ADOPT A RESOLUTION TO
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February 24, 2015
SUPPORT HOUSE SPEAKER STEVE CRISAFULLI'S SETTING
OF FUNDING FILM, TELEVISION AND ENTERTAINMENT
INCENTIVES AS ONE OF HIS LEGISLATIVE PRIORITIES;
URGING ALL FLORIDA COUNTIES TO JOIN IN THIS
INITIATIVE WITH NO FISCAL IMPACT TO COLLIER
COUNTY — MOTION TO DENY - MOTION FAILS FOR LACK
OF A SECOND; MOTION TO ADD THIS INITIATIVE TO
COLLIER COUNTY'S CURRENT LIST OF LEGISLATIVE
PRIORITIES - APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 11E, which was
previously Item 16F2 on your consent agenda. This item was moved
to the regular agenda at Commissioner Henning's request.
It is a recommendation to adopt a resolution to support House
Speaker Steve Crisafulli's setting of funding film, television, and
entertainment incentives as one of his legislative priorities urging all
Florida counties to join in this initiative with no fiscal impact to Collier
County.
Ms. Maggie McCarty, your Film Director from the Tourism
Department, is available and here to present or respond to questions
from the Board or Commissioner Henning.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Yeah. Until the -- it can be
proven that it will -- the money invested in bringing these film
companies to Florida, that it would generate more funds, I don't think
that we should take a position on it.
We heard from American Prosperity that it actually costs the
taxpayers money. I haven't seen any evidence that it will help.
So I make a motion not to approve.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
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February 24, 2015
I was really pleased to read the backup material on this. And I
had no idea that we were getting so many people in here. I was
especially interested to see Good Housekeeping was here and Ford
Motor and Estee Lauder and the Travel Channel. Those, especially the
Travel Channel, that tells a lot of people where we are and that maybe
they need to come and see us as well. I was so pleased with that.
And then when I saw that Nickelodeon and Mercedes Benz --
well, that's a good one to be put on there as well, as well as Fox
Broadcasting and BBC America, Nickelodeon. These are all just great
items.
And I say I would like to see you go forward and continue that
effort, so I make a motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: Well --
COMMISSIONER HILLER: The first motion failed for lack of a
second.
CHAIRMAN NANCE: Okay. So there is a motion to approve,
and a second by Commissioner Taylor. Who else would like to
comment on this?
I would, because I think that this program has been panned by
almost everybody that's critically evaluated it. So I was going to
second Commissioner Henning's motion, but we'll see if the motion go
the other direction.
Is there any further comment? So there's a motion to approve and
a second.
MR. MILLER: Mr. Chairman, I do have one registered speaker
other than Ms. McCarty.
CHAIRMAN NANCE: One registered speaker, Mr. Miller.
Thank you.
MR. MILLER: Kevin Schulbey. Am I reading that right?
Schulbey?
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February 24, 2015
MR. SCHULBEY: Schulbey.
MR. MILLER: Schulbey.
MR. SCHULBEY: Well, thank you. It's a pleasure to be in front
of you, Commissioners.
And as a resident of Collier County, I'm concerned by this issue.
My family's been making movies for over a hundred years, and I'll be
talking about that at the Chickee Chat, Naples Historical Society, on
Friday a little bit.
I'm now living in Naples and very happy to be here in this great
county.
My father made a movie in Collier County in 1957 called Wind
Across the Everglades. The movie is still very appealing to people in
Collier County. We had a screening at Silver Spot a few weeks ago
when it was sold out. People seem to have a real desire to see what
Collier County looked like in 1957.
My uncle made a series called Everglades about an Audubon
warden on an airboat in 50 -- around 1960.
So my argument would be that -- I mean, I made about 200
movies at Hallmark Entertainment, and -- but I never lived in
Hollywood. I'm not a Hollywood guy. So, you know, there's certainly
going to be outside people that come in and make movies in Florida in
Collier County, and I would welcome them, and some of them might
be my friends.
But I've got a group of people who want to make films locally,
good quality films. I've got one that I'm trying to set up now to shoot
later in the year, and two or three others behind that that would throw
about 20 to 25 million dollars into the local economy.
So I'm, for one -- and there's another -- there are people from Jon
Schooler and Pure Naples who are here -- who are local film makers
and think that we could do something to contribute to the county and to
get the word out about how gorgeous this is and maybe generate a little
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February 24, 2015
tourism.
So I just wanted to speak from a personal point of view as a
resident of Naples and make the case that this might be a good idea on
a jobs level and on a getting out, you know, the message about how
beautiful this county is. So I appreciate your time.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
I like what you said. A picture is worth a thousand words, and I
know people would really enjoy learning more about Collier County
through film, through television, and, you know, through other form --
other entertainment mediums as opposed to just the written word.
I don't think the issue before us today really is whether or not we
should be supporting the House speaker's legislative priorities. I think
the issue before us today is whether or not we should be endorsing any
state-elected representative's legislative priorities.
If we set the precedent of endorsing this, how many more
requests from other members of the House and Senate are we going to
get to endorse their programs? And I'm not opining as to whether this
program is good or bad. I just question whether this request -- and I
think, you know, politically, on the part of the speaker, him appealing
to each county and requesting endorsement and then going to his, you
know, fellow members at the State and saying, look, I've got
endorsement from all the counties, how can you refuse me, is genius.
But I'm afraid that what's going to happen is that we're going to
end up getting bombarded through this session with these type of
requests.
And so I don't think that we really should be voting for or against
this. I just think that what we really ought to be doing is, as a matter of
practice, agreeing not to adopt any individual legislator's -- I never can
say that -- lawmaker's legislative priority since we have our own, and
we should really just be advocating our own.
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February 24, 2015
And, individually, if we want to lobby a particular law, I think,
you know, we can do that, but collectively as a board, I think we're,
you know, opening the door to, like, a lot of-- a lot of votes on a lot of
other people's recommended courses of action. So I don't -- I don't -- I
don't want to say --
CHAIRMAN NANCE: Well, right now we've got a motion on
the floor and a second.
COMMISSIONER HILLER: I know. I understand. And that's
my point. I'm not saying that I -- by not voting with you,
Commissioner Fiala and Commissioner Taylor, I'm not saying I don't
agree with this program. What I'm merely saying is I don't think we
should be voting on endorsing anybody's individual state legislative
priority.
So that's the only reason. Because I think, you know, that the
program probably has merit, but I just don't -- I think we're setting a
precedent here which is going to be problematic going down the road.
So, I mean, if you would restate your motion, Commissioner
Fiala, to consider us not voting on anything like this for anybody, it
makes it easier even though you personally endorse this program.
COMMISSIONER FIALA: Yeah.
CHAIRMAN NANCE: Okay. Let's go back to the motion
making and the second.
COMMISSIONER FIALA: Good.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Or maybe we could just say adopt a
resolution to set funding of film, television, and entertainment, and
sends this as one of the legislative priorities for this legislative session.
It leaves anybody's name out or even reference to what they want to
do.
COMMISSIONER HILLER: Are you suggesting you want to --
you want us to add this to our already existing list of legislative
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February 24, 2015
priorities? Because we --
COMMISSIONER FIALA: Yeah, we can do that.
COMMISSIONER HILLER: -- have our own list, I mean, and
we could say that we endorse incentives for the film industry.
COMMISSIONER FIALA: You make a good point, you know,
because as soon as you approve one, then everybody else is going to
stand in line.
COMMISSIONER HILLER: Then everybody.
CHAIRMAN NANCE: Please, ladies. Let's deal with the --
COMMISSIONER HILLER: We are.
CHAIRMAN NANCE: -- the item that's on the agenda.
COMMISSIONER HILLER: We are, and Commissioner Fiala is
dealing with her motion with respect to that.
COMMISSIONER FIALA: So I was restating the motion, but
can I ask you, does that -- does that coincide with what you need from
us?
MS. McCARTHY: Well, actually, for me, the resolution is
simply to show your support along with other counties that film
incentives are going to be a legislative priority this year.
COMMISSIONER FIALA: Okay.
MS. McCARTHY: In years past, the Florida Association of
Counties has also supported this incentive. So so far this year
Miami-Dade, Okaloosa County, Palm Beach have already adopted
this. It doesn't necessarily have to be because the Speaker of the
House has said this, but this is, you know, just about Collier County,
because that's really what I'm here for is talking about the people in
Collier County who work in the industry.
COMMISSIONER FIALA: So, Commissioner Hiller, do --
would that wording be sufficient, do you think?
COMMISSIONER HILLER: Well, I think it should be clarified
as -- I think we should just add it to our list of legislative priorities.
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February 24, 2015
Then it becomes, like, part of our legislative priorities, not that we're
endorsing anybody else's, but that we accept it as part of our -- that we
support incentives for the industry.
COMMISSIONER FIALA: So when I go up to Florida
Association of Counties --
COMMISSIONER HILLER: Right. When we -- right.
COMMISSIONER FIALA: -- in a couple weeks, I can --
COMMISSIONER HILLER: Right, yeah, right.
COMMISSIONER FIALA: -- I can use that as one of our
priorities?
COMMISSIONER HILLER: Right, exactly.
COMMISSIONER FIALA: Also when we meet the legislators.
COMMISSIONER HILLER: Exactly. So it's not -- we're not
endorsing any state representatives. What we're saying is we think that,
as a local priority, it's a good one, and so we're adopting it as part of
our legislative priorities. And if you amend it, then I would support
that.
CHAIRMAN NANCE: Okay. Right now we've got a motion to
approve the resolution and a second. What are we going to do with
that?
COMMISSIONER HILLER: No. She just amended it.
COMMISSIONER TAYLOR: We're going to amend it to --
CHAIRMAN NANCE: So you're going to withdraw that?
COMMISSIONER HILLER: No, she's amending it.
COMMISSIONER TAYLOR: Just amend it.
COMMISSIONER FIALA: Yeah. We're going to just amend it
to adopt this resolution as part of our legislative priorities for this
legislative session.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: Okay. And we have a second.
You have additional comments, Commissioner Taylor?
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February 24, 2015
COMMISSIONER TAYLOR: No.
CHAIRMAN NANCE: Any other comments?
(No response.)
CHAIRMAN NANCE: Okay. We have a motion and a second.
No further discussion. All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Three ayes. All those against?
Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Passes 3-2 with Commissioner Henning
and Nance dissenting.
MS. McCARTHY: Thank you, Commissioners.
COMMISSIONER HILLER: And if I may, by virtue of the fact
that we are supporting incentives for that industry, we can go up there
and advocate what type of incentives we think ought to be supportive
of the industry, what the standards should be, you know, what kind of
returns we should get.
COMMISSIONER FIALA: We ought to maybe ask Debbie
Wright to set some -- Wight, rather -- go up there and set some
meetings for each of us, and we'll call on separate people to promote
that.
COMMISSIONER HILLER: Yep, and get FAC to give us the
history.
CHAIRMAN NANCE: It's just my personal opinion that our
legislative priorities need to be more carefully thought out. And I
really -- I disapprove of adding to our legislative priorities on the fly
like this, but that's just my own personal comment.
COMMISSIONER HILLER: Well, I think the legislative
priorities have been very carefully thought about. And, in fact, when I
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February 24, 2015
started there was no focus on prioritizing the legislative priorities, and
now what we do is we target what we believe are the most important.
We add the rest to show our support for a balance of issues that
concerns us locally because we don't want the lawmakers in
Tallahassee to think that those are not important to us.
So I think a lot of thought goes into it and, you know, we review
these issues very carefully with staff, we debate it publicly, you know,
we attend the meetings held by the legislative delegation to advocate
on these issues. And we lobby to FAC.
CHAIRMAN NANCE: I agree, ma'am, but that's not what we
just did. That's not what we just did.
COMMISSIONER HILLER: Well, I think a lot of thought has
gone into it. This is the second time this has come forward.
CHAIRMAN NANCE: Let's go to Item 11F, Mr. County
Manager, please.
MR. OCHS: Yes, sir.
Item #11F
REJECT A REQUEST FOR A REFUND OF $42,050, IN THE
CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. NELL H. EFIRD, SPECIAL
MAGISTRATE CASE NO. CEPM20130004506, RELATING TO
PROPERTY LOCATED AT 541 100TH AVENUE N., COLLIER
COUNTY, FLORIDA - MOTION TO APPROVE THE REFUND
REQUEST — FAILED
MR. OCHS: Item 11F was previously Item 16A14. It's a
recommendation to reject a request for a refund of$42,050 in the code
enforcement action entitled Board of County Commissioners versus
Nell H. Efird, Special Magistrate case relating to property located at
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February 24, 2015
541 100th Avenue North in Collier County, Florida, and this item was
brought forward by both Commissioners Taylor and Fiala.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I think we could make a one-time
extenuating circumstances decision on this that would not open the
doors for future claims. And I've talked to the County Attorney about
it. I'd like you to opine on it, sir, for me, because you can do it a lot
better than I can.
MR. KLATZKOW: Well, it's really your policy, and your policy
really is rooted in the thought that the purpose for Code Enforcement is
compliance, not to fine people.
We, in essence, fine people to get compliance, and then you have
a policy where we can reduce that fine once compliance is made and
we can get back our costs, for the most part.
So, you know, it would be keeping with your overall policy to
reduce this if that's the will of the board.
COMMISSIONER FIALA: And -- you're done, right?
COMMISSIONER TAYLOR: Yeah, I'm done.
COMMISSIONER FIALA: And the reason I wanted to pull this
was -- and I talked to Leo, and I've talked to Jeff, and I've talked to
Tim Durham. Here there was a sentence that says "a request for a fine
reduction or settlement was never made prior to payment in full." And
I thought -- so maybe they didn't know to -- they didn't know our
policy that, you know, if you request it in advance, you can get a
reduction in your fee as long as you've complied with all the rules and
your property is up to inspection and approval.
And I just thought for, you know, $45,000, yes, they owe some
fines in there, but probably 4- or $5,000 instead. And if it were me and
I were the homeowner and I didn't know any better, I would have
appreciated if somebody would have said, well, before you pay that,
you might want to ask -- especially with a sum this much. You know,
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February 24, 2015
for $2,000 or something like that, it would be different, but $45,000,
and then to not return it because they didn't know any better, it
bothered me, so that's why I wanted to bring it forward and possibly
even, like -- well, like Commissioner Taylor said, you know, maybe
this is just a one-time circumstance because we don't usually have this
problem. I think this is the first time that I can ever remember in my
14 years that this ever happened.
But I would like to refund what they would be allowed to be
refunded after they've paid their expenses. Because we had a lot of
work that we put into this as well, and staff time and so forth.
CHAIRMAN NANCE: Mr. Wright?
MR. WRIGHT: Yes, sir.
CHAIRMAN NANCE: Would you like to opine on this case?
MR. WRIGHT: Sure. As you may recall, the last meeting the
board heard this public petitioner and directed that the item be brought
back. And in preparing the item, I struggled with this, because it does
have some implications as far as precedent goes.
For example, on a tax deed sale, that's a tax foreclosure, our liens
survive. And if there's, let's just say, 5,000 due in taxes and it goes to
auction and they get $200,000 at the auction, all of that surplus goes
back to the homeowner, but if there's a code lien, it gets paid in full.
So there's a lot of little tricks along the way that we could be setting a
trap for ourself on.
I would just -- I would think -- my suggestion would be to defer
to the Board on the ultimate refund request. I've already made my
recommendation. But as far as going forward, we could -- we have a
resolution, 2012-46, and we could add a simple line in there that
addresses whatever the Board's wish might be.
For example, payment in full -- paid in full, liens shall not be
compromised, something along those lines, or we could leave it the
way it is and do this case by case.
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February 24, 2015
MR. OCHS: Commissioners, I think there's a bit of
misunderstanding about your policy. That policy is not applied to
every code violation that is issued or paid. Remember that these fines
are offsetting revenue against your Unincorporated Area General Fund
tax which pays for your Code Enforcement staff and the operations and
the capital that supports that operation.
So, County Attorney's correct, we have that program in place that
was put in a few years back, but we don't proactively, as I understand
it, Mr. Wright, go out and provide that information to every individual
who's received a code claim; is that correct?
MR. WRIGHT: And, realistically, and of course --
CHAIRMAN NANCE: Not staying on? Not staying on. We're
not talking to Commissioner Henning again either.
Well, you'll be next, Commissioner Henning. Let's go to
Commissioner Hiller, first.
COMMISSIONER HILLER: Leo, the fines that you're assessing
COMMISSIONER HENNING: Can we give this to
Commissioner Hiller? Can we trade?
COMMISSIONER HILLER: Sure. You know what, I think
Commissioner Henning has an overdeveloped sense of urgency with
respect to this matter, so let him speak first, and then I'll follow up,
since he's been trying to push buttons.
COMMISSIONER TAYLOR: It blinked.
COMMISSIONER HILLER: No pun intended.
COMMISSIONER HENNING: Ladies first.
COMMISSIONER HILLER: No, no, no, I insist.
COMMISSIONER HENNING: Go ahead.
COMMISSIONER HILLER: No, no, I insist.
COMMISSIONER HENNING: Really.
COMMISSIONER HILLER: No, no, really. Go ahead.
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February 24, 2015
CHAIRMAN NANCE: Commissioner Hiller, you have the floor.
COMMISSIONER HILLER: So pushy.
The fines that are assessed are commensurate with the cost for the
enforcement of that particular issue that you're dealing with, or is it a
blanket fine? I thought it was a blanket fine. You know, if they're in
noncompliance for a certain number of days, the fine accrues daily,
correct?
MR. WRIGHT: Generally speaking. And the types of violations
we're dealing with in this case were property maintenance violations,
broken window and a deck that was falling apart. Those will have -- at
the discretion of the Code Enforcement Board, the statute says and
their ordinance says there has to be a daily fine in those circumstances,
so --
COMMISSIONER HILLER: But it's at the discretion of the
officer?
MR. WRIGHT: Yes -- at the discretion of the Board, not the
officer.
COMMISSIONER HILLER: Oh, the discretion of the Board.
MR. WRIGHT: Yes.
COMMISSIONER HENNING: Code Enforcement Board.
MR. WRIGHT: Or the Magistrate.
COMMISSIONER HILLER: The Code Enforcement Board.
And how often is the Code Enforcement Board exercising discretion?
Do they review -- do they review the fines in every instance and make
a decision, and how are they basing that decision?
MR. WRIGHT: Well, there's -- typically there's two hearings that
have to happen before a lien is imposed. So the first hearing is where
they spell out, all right, we've found a violation, here's what you need
to do to fix it, and if you don't, there will be a daily accrual of fines at
X rate per day.
And then you fast forward. We have protocols that trigger when
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February 24, 2015
we bring it back to another hearing. The second hearing is a lien
hearing, and that lien hearing -- at that point let's say it's not in
compliance at the point of that hearing, we say, so far the accrued fines
are, let's say, $100,000. We'd like an order that recites that number and
also provides for continuing accrual of fines as we go forward.
So then, obviously, when that person eventually wants to get that
lien cleared from the title, they'll come to us and say, hey, I've got this
old lien. I don't know what the value is. What do I need to do? And
we have a procedure for that. It's a $25 cost for a payoff.
And that's what happened here. We gave a payoff to an attorney.
There were actually two attorneys involved on both sides of this
transaction. And they approached us and didn't ask for a reduction.
We do 10,000 payoffs a year, and we never run into this. And we had
two attorneys. It really is an aberration what happened here, factually.
That's how the fines work.
COMMISSIONER HILLER: And they asked -- the two
attorneys asked for a reduction?
MR. WRIGHT: No.
COMMISSIONER HILLER: No, didn't.
MR. WRIGHT: They didn't.
COMMISSIONER FIALA: They didn't know.
COMMISSIONER HILLER: So --
MR. WRIGHT: Until after they've paid in full.
COMMISSIONER TAYLOR: Oh.
COMMISSIONER HILLER: But they're all -- in the history of
this type of situation -- I mean, there's nothing in the law that allows us
to give an abatement after it's paid in full and satisfied.
MR. WRIGHT: I'm not sure of anything that prohibits it either.
COMMISSIONER HILLER: I think -- County Attorney, can you
talk to this, because this is -- I mean, this is -- you know, because --
and I understand your point because, you know, once -- you know,
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there is an appeal process. The appeal process wasn't availed of. The
fine was paid. If all of a sudden you're going to give this particular
party a refund having failed to appeal it timely, what does that mean
for everybody else who has paid and didn't appeal?
I mean, you're really opening the flood gates to a situation which
financially could be very problematic. I'm not sure that that's a
precedent. I mean, there's a procedure that's in place to allow for an
appeal, and it was waived. And if you have two attorneys that failed to
study it, that's not -- that's not our problem.
MR. WRIGHT: In their defense, by the time they contacted our
office, the appeal window had already expired.
COMMISSIONER HILLER: Well, that's their problem.
MR. WRIGHT: Understood.
COMMISSIONER HILLER: Not -- again, that's not our
problem. I mean, again, I just think in this particular case, if we
establish this as a precedent, it's basically -- and it doesn't matter what
the
reason is whether, you know, it had expired because they knew
about it or didn't know about it. It had expired. So it becomes very
problematic if we do it just for these people and not for everybody else
that's going to come forward as a consequence of seeing that it was
done for these people. Is that your concern?
MR. WRIGHT: That is my concern.
COMMISSIONER HILLER: It would seem a reasonable one.
County Attorney?
MR. KLATZKOW: I'm comfortable with your making a
decision today. I'm comfortable if you want this to be brought back
and more detail set forth as to all the various liens that we've had.
You'll note in your agenda today that you're waiving multiple Code
Enforcement Board liens, one of$167,000 for payment of$1,300, one
for $119,000.
I, personally, believe that code liens of$45,000 are just absolutely
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February 24, 2015
excessive, but that's just a personal --
COMMISSIONER HILLER: Why do you believe those are
excessive?
MR. KLATZKOW: What happens is you'll get a relatively minor
offense and for whatever reason, I mean -- and most people take care
of these things. But for whatever reason somebody doesn't take care of
them. There are a hundred reasons why. And the next thing you
know, you're looking at something that's almost confiscatory.
COMMISSIONER HILLER: So if that's the case, do we need to
-- and I don't disagree with you -- do we need to go back and revisit the
code enforcement fines, and shouldn't they be more commensurate
with what's deemed to be the offense?
MR. KLATZKOW: Which is why you have your policy of
reducing them.
COMMISSIONER HILLER: So what I'm asking is, should they
be reduced more? Should they be bifurcated and maybe there should
be different types of fines depending on what the violation is?
MR. KLATZKOW: The fine is set by the Code Enforcement
Board. They're usually $50 a day or $100 a day, and that's usually,
you know, after multiple hearings that they get to that point. Again,
most people just fix the problem; that's the end of it. But if somebody
for whatever reason, illness or death or whatever reason, doesn't take
care of it, $100 a day is $36,000 a year.
COMMISSIONER HILLER: Well, there's no question it's a large
sum.
MR. KLATZKOW: And it just racks up. But this is the first time
this has come before this board, and it's a very, very long time since
we've had this policy. I don't know that you can't act on this one thing
and, if this becomes a recurring issue, perhaps, you know, relook at
your process.
COMMISSIONER HILLER: Maybe we need to look at the
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February 24, 2015
history of waivers, too, and see how much, you know, these have been
waived in the past on the appeal.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
COMMISSIONER HILLER: Sure, go ahead.
COMMISSIONER HENNING: I may try to resolve this. This
was heard by the Special Master, Jeff?
MR. WRIGHT: Code Enforcement Board.
COMMISSIONER HENNING: Code Enforcement Board,
appointed by this board, and the time has expired to appeal the
decision of the Code Enforcement Board; however, I think if this -- the
Board reprimands (sic) this down to the Code Enforcement Board to
give advice to this board, I think that it would be -- serve us well
instead of case by case, you know, somebody petitions the board to
waive a fine.
MR. WRIGHT: Commissioner, I misspoke. It is the Special
Magistrate. I apologize.
COMMISSIONER HENNING: Yeah. And per the ordinance, it
says any appeals from the Special Master shall go into the Circuit
Court, not to the Board of Commissioners. That's our own ordinance.
So I'm not sure that we have the power to waive fines/fees associated.
MR. KLATZKOW: They're your liens.
COMMISSIONER HENNING: My recommendation would be
to take it to the Special Master.
COMMISSIONER HILLER: What was the County Attorney
going to say?
MR. KLATZKOW: You have the power to waive your lien.
You own the liens. You're the only entity that can reduce the liens or
waive the liens. You can get a recommendation back to you if that's
what you'd like, but you're the only entity --
COMMISSIONER HENNING: Yeah, that's what I'm saying.
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February 24, 2015
MR. KLATZKOW: -- that has the power.
COMMISSIONER HENNING: But our ordinance, the way I
read it -- and, of course, it has so many -- if it's not this ordinance or
that ordinance, then it goes to the Circuit Court and so on and so forth.
Anyways, I can't support a waiving of these fines unless I, you
know, have a recommendation from someone who imposed the fines.
CHAIRMAN NANCE: Commissioner Henning, I agree with
you. I think we're tinkering with something that's worked very, very
well. And I think if we get into doing this on a case-by-case basis as a
board, we're going to be on a very slippery slope.
But let's go back to Commissioner Fiala.
COMMISSIONER FIALA: Way back when I was trying to add,
with the waiver -- and you're talking about setting a precedent. But,
Jeff, didn't we talk last night, and you said this is the first ever that you
remember in your years here, and first, certainly in my years here, of
this magnitude that anybody's ever asked for a refund? It's not like it's
an everyday occurrence. In fact, how many people have asked for a
refund at all?
MR. WRIGHT: I don't have that number here, but this is an
aberration. Statistically the amount is higher than most of our
paid-in-full liens.
COMMISSIONER FIALA: Right. And I just felt that -- you
know, I was just trying to be fair. That's -- I know if it were me, and I
didn't know to ask for it and my attorney didn't know to ask for it, and
all of a sudden it was costing me $42,000 extra over and above what
my fines would be, I know -- I mean, that would hurt me pretty badly.
But, anyway, that was my point in bringing this to you. Your
decision, of course, is yours.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: And I echo my colleague's
sentiments, Commissioner Fiala.
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February 24, 2015
I looked at it from a lawmaker's side, but I also look like -- at it
from a human side. And if the laws -- well, I don't want to say that,
but let's just put it this way: We must be lawful. We must be lawful.
But the reason we're here is to make decisions in extenuating
circumstances, and this, to me, is an extenuating circumstance.
If we -- if this motion fails, I would love to see if there's another
motion so that if we have -- you know, send it to the Special
Magistrate for his decision. But I think the buck stops here, I think, is
what our County Attorney is saying.
And I think we need to bring the human side of situations into our
decision making. And in this case, it's an -- that's what moved me to
ask for this to be taken off the consent agenda.
COMMISSIONER HILLER: Who are the two attorneys
involved? Who are the two attorneys?
MR. WRIGHT: George Langford and Timothy Kaiser, both of
whom are from out of town.
CHAIRMAN NANCE: All right. Any further comments?
(No response.)
CHAIRMAN NANCE: There's been a motion and a second, and
the motion is to refund the $42,050; is that correct?
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: Can I ask one --
CHAIRMAN NANCE: Any further comments?
COMMISSIONER HILLER: Can I ask one more question?
CHAIRMAN NANCE: Commissioner Hiller.
COMMISSIONER HILLER: County Manager?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: What's your feeling on this?
MR. OCHS: Well, our staff recommendation is to reject the --
COMMISSIONER HILLER: I saw that, but what's --
MR. OCHS: That's my recommendation as well as staffs
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February 24, 2015
recommendation.
COMMISSIONER HILLER: And the reason?
MR. OCHS: Again, as Commissioner Nance pointed out, we've
got a program that's generally worked quite well. I don't -- we don't
have the authority, obviously, to do it even if we wanted to, but I'm
concerned about the precedential nature of the action again. You just
heard Mr. Wright say we have several thousand of these --
MR. WRIGHT: Payoff requests.
MR. OCHS: -- payoff requests a year, so you can imagine if
those people got knowledge of the fact that now they can come back
after the fact when they've paid already and seek a refund because they
didn't understand the rules.
COMMISSIONER HILLER: What's the total dollar value of the
payoffs?
MR. WRIGHT: The payoffs that are requested of us or in this
particular --
COMMISSIONER HILLER: No, the requested ones.
MR. OCHS: Revenue, annually, rough.
MR. WRIGHT: Yeah. We had 10,000, roughly, last fiscal year,
and we get $25 each one. So that, I think, $250,000 in revenue that
comes in.
COMMISSIONER HILLER: Well, I'm not concerned about the
payoff requests. I'm concerned about the potential for these to come
back to apply the same way as this petitioner has.
MR. OCHS: How many do we process, roughly, did you say, a
year, Jeff?
MR. WRIGHT: We -- roughly, 500 paid-in-full releases. Those
are the ones that don't come to the Board of County Commissioners;
about 500 last year in 2014.
COMMISSIONER HILLER: Why didn't those people apply for
waivers?
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February 24, 2015
MR. WRIGHT: Well, a lot of them -- this goes to the aberration
-- aberrational nature of this number. A lot of those paid-in-full lien
releases are going to be for lawn mowing, pure cost liens where we
don't have any room to settle with them or bring it to the board.
So when we bring stuff to the board, we want to make sure that
they've paid every penny of taxpayer dollars back. So when somebody
comes and requests a payoff for a lawn mowing violation, for example,
we'll tell them it's $312.82. That's all taxpayer money. There's no
room to wiggle. We need that full amount. It won't come to the board
because we won't release it unless it's paid in full.
So you get this list, and we had 500 last year paid-in-full liens.
And it's a lot of 300, 300, 300, 300, and then you get -- I think there's
one for 11,000. There's a couple that stood out, but the 54- stood out
head and shoulders above the rest for the year.
COMMISSIONER HILLER: So of the total list that you had,
there's only a few that are large dollar amounts?
MR. WRIGHT: Yes, yes.
COMMISSIONER HILLER: I see.
MR. WRIGHT: When I say "large," I'd say five figures or more.
COMMISSIONER HILLER: Right. And of those, they did not
apply for waivers why?
MR. WRIGHT: Well, what we see often is -- like we did here, is
it's part of a conveyance or an estate administration or a title payoff,
somebody's doing a -- cleaning up their title, and they'll just ask us for
the payoff. Sometimes they'll do it online where they don't even talk to
anybody, and we give them the number of the payoff; they send a
check.
COMMISSIONER HILLER: So of the ones on that list, let's say
the five or six that are the large dollar amounts, they have the potential
to come to us now and ask for a refund up to the actual cost?
MR. WRIGHT: Yes, they do, and that's the concern. And also I
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February 24, 2015
mentioned, in passing, the tax deed sales, we recently brought an item
to the Board of County Commissioners to release a lien, a plain old
release. It was on consent. But we called it a net amount, because we
already had $85,000 mailed to us as a result of a tax deed sale. That
money's already been deposited.
So, potentially, that's another class of people that could say, hey,
wait a minute, I paid $85,000 directly from the Clerk to the Board. I
want some of that money back. It wasn't all hard costs. That was a lot
of fluff. It was a lot of penalties. I want to do what Mr. Kaiser did and
do the same thing that's happening today.
CHAIRMAN NANCE: Any further questions?
(No response.)
CHAIRMAN NANCE: Okay. We have a motion to refund the
motion and a second. All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Two.
All those opposed?
Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Okay. The motion fails 3-2.
Item #9A
ORDINANCE 2015-21 : AN ORDINANCE AMENDING
ORDINANCE NO. 2014-21, THE GOLF CLUB OF THE
EVERGLADES RESIDENTIAL PLANNED UNIT
DEVELOPMENT WITHIN THE RURAL FRINGE MIXED USE
DISTRICT RECEIVING LANDS OVERLAY, AND AMENDING
ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND
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February 24, 2015
DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF AN ADDITIONAL 10± ACRES OF LAND
ZONED RURAL AGRICULTURAL (A) TO THE GOLF CLUB OF
THE EVERGLADES RPUD; BY AMENDING THE MASTER
PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE
SUBJECT PROPERTY IS LOCATED ON VANDERBILT BEACH
ROAD EXTENSION, JUST EAST OF COLLIER BOULEVARD,
IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND
SECTIONS 25 AND 36, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 845.68±
ACRES — ADOPTED
MR. OCHS: Mr. Chairman, that takes you to Item 9B on your
agenda. It was previously Item -- excuse me, Commissioner, 9A,
which was previously Item 17A on your summary agenda, and this
was moved to the --
COMMISSIONER HENNING: Don't we have to wait till the
afternoon?
MR. OCHS: Commissioner, we did -- what your agenda reads is
that the item could be heard no sooner than 1 :30 p.m. unless otherwise
noted. The Board didn't set a different time. The petitioner's attorney
is here. I don't know -- I'd have to ask Mr. Klatzkow if he could advise
the Board on whether that's sufficient or not, or maybe the counsel for
the petitioner can indicate that, sir.
MR. KLATZKOW: I don't have an issue if the Board hears this
right now. This went through the Planning Commission. I believe it
was unanimous. I do not believe there was any public opposition to
this whatsoever. And as long as the applicant's willing to go forward
with this now, I'm fine with it.
COMMISSIONER HENNING: So it was noted that it was -- it
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February 24, 2015
could be heard prior to 1 :30?
MR. OCHS: No, sir, I wouldn't say that. What we did was
contact Mr. Yovanovich, who represents the petitioner, and advised
him that the Board meeting is running early and may conclude before
noon; could he be present, so --
COMMISSIONER HENNING: I'm just going by what the public
sees.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: That's fine. I don't have a
problem with it. I think we can handle it -- deal with this prior to lunch
and take a lunch break forever.
CHAIRMAN NANCE: Commissioner Henning, proceed.
COMMISSIONER HENNING: Mr. Yovanovich, what's the
deviation? This has several deviations. One of the deviations
requirements that in the rural fringe, during plat or site plan, they have
to sever their TDRs. Now, this one, Rich -- and help me. This one
has, by right, a TDR of one unit per five acres, correct, base density?
MR. YOVANOVICH: Yeah. Do I need to be sworn?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: Why? We're not doing anything
else right.
MR. YOVANOVICH: I just --
CHAIRMAN NANCE: 17A.
COMMISSIONER FIALA: 17A?
COMMISSIONER TAYLOR: 17A or 17B?
CHAIRMAN NANCE: 17A.
MR. YOVANOVICH: This is A.
MR. OCHS: 17A.
Yes, sir, you do.
(The speakers were duly sworn and indicated in the affirmative.)
COMMISSIONER HENNING: Do you want ex parte
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February 24, 2015
communication?
COMMISSIONER HILLER: We already did that this morning.
We have to do it again?
CHAIRMAN NANCE: You want to do it again?
COMMISSIONER HENNING: I didn't do it again because this
was on the regular agenda to be heard this afternoon.
COMMISSIONER FIALA: Likewise.
CHAIRMAN NANCE: All right. Well, let's do ex parte
communication.
Commissioner Henning?
COMMISSIONER HENNING: I talked to a Planning
Commission member, Mr. Casalanguida, the County Attorney's Office.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: None, other than to review the staff
report.
CHAIRMAN NANCE: I have reviewed the staff report, I've had
meetings with Jeff Kahn (phonetic) and Mr. Daley, and multiple
conversations with Mr. Kahn.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Actually, I just had -- I've just
read the staff report, and I was -- looked into this, but this was years
back when they first started something completely different, so I guess
that wouldn't really apply, would it, on this agenda? But I was
involved -- I was hearing people that are involved who are all in favor
of, so --
COMMISSIONER TAYLOR: Read the staff report, and no other
communication.
CHAIRMAN NANCE: Thank you.
COMMISSIONER HENNING: Okay. The question is, where's
the rest of the TDRs coming from?
MR. YOVANOVICH: We are in the process of acquiring those
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February 24, 2015
TDRs. Just real briefly, we're adding 10 acres to the PUD and,
basically, our base density is 169 units on the total acreage.
What we're at -- the deviation basically says let us use what we
already have as property rights first. Once we use up the 169, we'll go
buy TDRs. We are in the process of buying TDRs now because we
have a plat in that's almost at 169 units.
The second plat is going to require from that forward, basically,
100 percent TDRs. So we're in the market right now buying up as
many TDRs as we can so that we can keep the project going.
If it comes to a point where we can't acquire the TDRs to reach
our ultimate density of 750, we'll do something short of 750, but we're
confident and comfortable that we're going to -- we're one of the few
people out there actually buying TDRs from sending land property
owners in the market. So we saw this as a good thing. Your staff saw
it as a good thing, and the deviation made sense.
It made no sense to require a PUD to have to do a proportional
share, which is basically 80 percent of your -- for each -- each one unit
you bring in, you've got to buy four if you're a PUD. But if you're
regular zoning, you don't have to buy any until you use up your 169
units.
So we just said, let's level the playing field. It's a cost up front to
have to buy all these units when you're sinking all the money into the
project up front anyway, cash flow issue. Let us use what we already
own, and we'll buy additional TDRs as we go along. That's basically
what the deviation requested.
COMMISSIONER HENNING: Wow. I think there was an
answer to my question in that.
The -- what's wrong with having a provision within the deviation
of saying you don't have to identify your TDRs, the ones that you own
in the plat?
MR. YOVANOVICH: Well, right now we have not -- we have
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February 24, 2015
contracts to buy TDRs. We have 169 base units. Those are not TDRs.
Those are the base.
COMMISSIONER HENNING: Let me try to restate it, because I
don't -- I want to get to it, and I don't think I need to waste anybody's
time, is there's no checks and balances. What this statement is in the
ordinance of not having to show your TDRs within the platting, there's
no checks and balances. I mean, it's just whatever I want to do, let me
just go ahead and blow and go, and I don't have to ever show that.
MR. YOVANOVICH: There is an administrative process that we
go through when we plat the property.
COMMISSIONER HENNING: Right.
MR. YOVANOVICH: Let's say I come in with a plat for 300
units. I show them I have 169 base units, and I have to bring with me
the difference, which I think is 131 . I'd have to bring 131 TDRs at that
time to get the plat approved. That process is taken care of in the
platting process, not in the PUD.
In our particular case, we're coming in for something short of 169
on our first plat. Let's just call it 100. So I come in with my plat for
the first 100 units. Staff knows I have 169. We have a ledger that says
I have 69 left. When my next plat comes, if I go above 69, they're
going to say, Rich, where's your TDR to go above 69? So there's an
administrative process as part of the plat. It's not part of the PUD.
COMMISSIONER HENNING: Okay. No. And I'm okay with
that if that's what you're saying, but that isn't what Deviation No. 5
says.
MR. YOVANOVICH: Well, I think Deviation 5 says that I don't
have to bring in any TDRs until I use up my base density.
COMMISSIONER HENNING: Deviation 5 seeks relief from
LDC 2.03.07 David (4)(G) to clarify the timing of the use of the first
TDR credits, period. The LDC section requires upon new issuance of
approval of the Site Development Plan or subdivision plat that the part
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February 24, 2015
of the PUD or DRI, TDC credits -- TDR bonus credits shall be
redeemed at the rate proportionally to the percentage of the PUD or
DRI, approved grossly that derivative (sic) from the TDC to credits.
MR. YOVANOVICH: And the way it works is -- what the code
currently says is --
COMMISSIONER HENNING: That the developer --
MR. YOVANOVICH: Let's use 1,000, because we can do that --
I can do that in my head.
COMMISSIONER HENNING: The developer is requesting that
the TDR credits not be required prior to the use --
MR. YOVANOVICH: Right.
COMMISSIONER HENNING: -- of base density. So is that the
only deviation --
MR. YOVANOVICH: That is the only deviation we're asking for
is -- bottom line is this: If I have a 1,000-unit project, 200 of those
units are base; 800 are TDRs.
The way your code reads right now, if I come in with a PUD for
100 units under my base, I have to buy 80 TDRs and give you 20 of
what I already own. What we're saying is, let me use up my 200 in
that example and then start buying TDRs. That's -- because the code
proportionally requires me to come in with, in that case, 20 base, 80
TDRs, only because I'm a PUD.
COMMISSIONER HENNING: And I think this part of the
ordinance could be written a little bit better to clarify that.
MR. YOVANOVICH: I think staff agrees.
COMMISSIONER HENNING: Pardon me?
MR. YOVANOVICH: I think staff agrees with the deviation and
probably, hopefully, a revision to the LDC as we go through the
restudy program.
COMMISSIONER HENNING: No. I'm saying that the
provision within the deviation could be written better. It's not a total
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February 24, 2015
deviation from Section 2.03.07(D)(4). You're not asking for that.
You're asking for the TDRs that you own. You're not having to --
you're not asking to go beyond what you own.
MR. YOVANOVICH: Correct.
COMMISSIONER HENNING: Okay. What the provision of--
within the code says is you've got to have those, but it's a proportional
deviation from the code, correct? Mike?
MR. BOSI: Mike Bosi, Planning Director.
You're correct, Commissioner. They're asking to remove that
proportionate requirement from the TDRs to utilize their base first.
And then to utilize any additional units beyond that would be required
with the TDRs.
COMMISSIONER HENNING: And that's what the ordinance
should state then.
MR. BOSI: And I agree with you. We will have to work on the
-- and the ironic part about this -- and we've agreed with the applicant
on this and within the San Marino PUD, which will be upcoming, the
Board will hear, has this provision.
This provision was incorporated to promote the TDR use, but
then from talking with the development community from the
development side, because of the up-front costs associated with the
infrastructure provision as well as the acquisition of TDRs, it's actually
-- it's acting as a deterrent, and it's most certainly not the intended
purpose of what we were trying to accomplish.
So this will be something that we will most certainly focus upon
during the restudy of the rural fringe mixed-use district.
COMMISSIONER HENNING: Okay. So how can we do some
wordsmithing to really correct what the ordinance -- what the intent is?
It's not an actual deviation. It's the developer will plat its proportional
share of TDR credits. They're not going to come in and plat the whole
thing without having the credits; is that correct?
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February 24, 2015
MR. BOSI: No. They could only -- they would only plat to the
point of their base density that they have allocated. Anything beyond
that base density, then they have to secure the TDRs as required.
COMMISSIONER HENNING: You want to know what page,
Rich?
MR. YOVANOVICH: Well, I know where the deviation is, but I
remember writing very specifically -- here it is. It's on Page 12 of 15
under planning. It says -- the new language says, the use of TDRs will
not be required prior to the use of the base density per Deviation No. 5,
which the deviation was to say don't make me do it proportionally. It
says I don't have to use any TDRs until I use my base, and my base is
also set forth in that paragraph, of 169.
COMMISSIONER HENNING: Is that in the ordinance?
MR. YOVANOVICH: Yes, it's in the ordinance on Page 12 of
15.
COMMISSIONER HENNING: Okay. 3A?
MR. YOVANOVICH: 3A, yes.
COMMISSIONER HENNING: Okay. All right.
MR. YOVANOVICH: They tie together.
COMMISSIONER HENNING: Move to approve.
CHAIRMAN NANCE: Second.
Further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
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February 24, 2015
(No response.)
MR. YOVANOVICH: Thank you.
CHAIRMAN NANCE: Okay. It passes unanimously.
Okay. That takes us to 9B, sir, and we have this --
MR. OCHS: No, that was handled at --
CHAIRMAN NANCE: That was dispatched earlier?
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: All right.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: That will take you to your public comments on
general topics not on the current or future agenda, Item 7.
MR. MILLER: Mr. Chairman, we have one registered speaker
for public comment, Dr. Joseph Doyle.
DR. DOYLE: Good morning, Commissioners. I want to thank
you for passing the resolution to help us with the Education
Empowerment Act.
We are going to Tallahassee next week on March 5th. It's called
March for the Children. We're going to bring the resolution with us.
Several busloads from around the state of parents and their children
and concerned taxpayers are going to be there, so -- to talk to the
legislators and also have a rally.
Along those lines, too, for any of the commissioners and general
public that are interested in further education on common core, we
have Dr. Duke Pesta, who will be in town this week at several
locations.
Wednesday, February 25th, at 6:30, at Marco Island Lutheran
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February 24, 2015
Church, and then on Thursday, February 26th at 6:30 at Naples New
Hope Ministries on Davis Boulevard.
He has some eye-opening examples about what's in the -- on how
to do the math, the new math that takes a very long time for the
children to get through and most of the parents can't understand, and
also a lot of the examples about what's going on in sex education, and
then the literature that the children are reading in this new common
core.
But my real comments here, the reason why I'm here today, is
because obviously we're having a booming tourist season, as we can
see from all the traffic congestion. It took me a while to get down here
today.
And I'm concerned -- I just wanted to raise an early warning or
concern about, you know, tax revenues. I'm sure we're probably going
to have -- I know a lot of the merchants are having a booming
business. That will mean increased tax revenues. And I know the
temptation would be to spend but, of course, we're mostly conservative
Republicans here, and I'm going to ask for fiscal constraint.
And I know that we have some deferred maintenance that -- you
know, because of the last economic downturn that we have to address.
But I would like to ask the commissioners to look at, you know, really
paying down the debt.
As you know, a lot of things happen in seven-year cycles. And I
don't know if you're familiar with the Harbinger and Rabbi Cahn, but
-- or the book After Shock, but we are looking at a potential -- we
know that the stock market's overheated, we know that the national
debt is approaching 19 trillion.
If we were to have an increased interest rate with the Federal
Reserve, our debt service would go up a lot, because right now interest
rates are low and debt service is low.
So I'm concerned about the debt, but I'm also concerned about a
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February 24, 2015
possible 'nother financial crash in the next year or so. So I think we
need to be prepared for that and to, you know, really look at our -- the
level of debt that we're carrying in the county. So I'd just ask you to
look into that. Thank you.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Leo -- and you probably don't
know this off the top of your head, and I don't remember the number --
what portion of our debt is fixed versus variable in terms of interest
rates? Because I thought a large portion of it -- of what is still
outstanding is fixed.
MR. OCHS: You're correct, Commissioner. Almost all of it has
been refinanced.
COMMISSIONER HILLER: With fixed -- yeah.
MR. OCHS: It's very low market rates for the foreseeable future.
COMMISSIONER HILLER: So it's actually the opposite. In
light of the fact that we have very low fixed-rate debt, if we were to
pay that off and if down the road we have to borrow because, for
example, our revenues fall off again, then we would be in a negative
fiscal position because the cost of financing would be so much higher
than our cost of debt right now.
You know, our cost of debt is virtually nothing right now. We've
-- and we have very significantly reduced our debt service costs by
refinancing the balance of outstanding debt. We're still defeasing debt,
and we're on track to do several hundred million.
So we're definitely following that trajectory in the right direction.
But with the balance of what's been financed, our debt service was
literally reduced by 50 percent by refi-ing.
DR. DOYLE: And I under -- and that's terrific. But I'm looking
at, if we do have another downturn, perhaps this fall, because, you
know, most of these economic crashes happen in September and
October, and you can look in seven-year cycles. You know, 2008 --
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February 24, 2015
this is 2015, 2008, 2001, 1987, 1980, 1973, et cetera.
COMMISSIONER HILLER: But I think that the finance staff is
carefully monitoring that and has been reducing debt in order to take
all of that into consideration, and that's why they've refinanced the un
-- you know, the non-defeased portion at very low fixed-rate costs.
DR. DOYLE: Right. But I do recall looking at this year's budget,
and we're not doing as much debt drawdown as we had in previous
years, and I'm just saying that if we have these extra funds probably
coming in through tax revenues because of our current little economic
booming activity, that we try to prioritize to that.
Thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. And I'll chime right in with
you. Not only are we systematically paying off our debt -- and I'm
pretty proud of the way we're doing that -- we have also been putting
money back into the reserves and building that reserve fund back up to
where it has been, and we're doing an excellent job at that as well.
I have to say -- I don't know what you've read, but I've just been
listening to Leo when -- and his reports that he's given, and I've had a
town hall meeting, and we were able to tell people exactly how much
we're pouring into both of these things.
And so I'm pretty proud of the way we're moving forward, and
they've taken that into consideration to make sure that if there is a
downfall, we'll still on the upside.
COMMISSIONER HILLER: Yep.
COMMISSIONER FIALA: Thank you.
CHAIRMAN NANCE: Well, one thing that you also need to
look at is you need to look at what's costing the county taxpayer
money. Right now the debt that we have is costing us virtually
nothing. The crashed capital infrastructure that we have to operate on a
fix-and-repair basis and the cost payments that we're going to have to
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February 24, 2015
make going forward if we don't get those paid for is going to cost us
much, much more than the fixed debt we have that we're paying
virtually nothing for.
So it's a mathematical question on how to spend the money the
best. And I think Mr. Isackson has done journeyman's work in guiding
us in that way. He has cut down our debt cost extraordinarily well.
My hat's off to him for what he's done.
Other commissioners?
(No response.)
CHAIRMAN NANCE: Thank you, sir. Thank you, Mr. Doyle.
DR. DOYLE: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that takes us to Item 15, staff and
general communications.
And if I might begin, sir, just a reminder. These are the upcoming
workshops scheduled for the Board of Commissioners. March 3rd is
your Affordable and Workforce Housing; April 7th you have both your
CRAs and the discussion on park impact fees; May 5th is your Fleet
Management workshop; and on June 2nd we hope to workshop with
the Board on the results of the request for information on the
operations of the Isles of Capri and perhaps the Ochopee fire districts.
That's all that we have in the schedule right now for workshops,
sir.
CHAIRMAN NANCE: Thank you, sir.
Mr. Klatzkow?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN NANCE: Commissioner Taylor?
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February 24, 2015
COMMISSIONER TAYLOR: Yes, I have a few items.
Where's Commissioner Hiller? Oh, she's back there. Well,
contrary to the way the South Florida -- West Florida Regional Council
has conducted their meetings in the past, we all must attend those
meetings in person or our vote is not allowed. And that's been
researched, and that's the new Sunshine Law, so --
CHAIRMAN NANCE: Really?
COMMISSIONER TAYLOR: -- we have to show up.
COMMISSIONER FIALA: Say that again.
COMMISSIONER TAYLOR: Well, it was -- Commissioner
Hiller, in trying to persuade me that it's not such a bad gig to be a
member of the Southwest Florida Regional Planning Council kept
saying, well, you can call in. Well, you can call in, but your vote won't
count.
So I was at a meeting on Friday where three or four people called
in, but they couldn't consider that a quorum.
COMMISSIONER HILLER: You know, that's really interesting,
because we call in, you know, here. So I don't know. Look, I have no
idea. They never told us that.
COMMISSIONER TAYLOR: Well, it's -- no, no. This is brand
new. This was --
COMMISSIONER HILLER: Oh, okay. Yeah.
COMMISSIONER TAYLOR: This was for my very first
meeting. And when we call in -- I remember Former Commissioner
Carter, he was in the hospital, and he called in for meetings. But it has
to be, you know, determined by the Board that there are extenuating
circumstances. And the traffic and it's too far to drive is not part of
that venue.
COMMISSIONER HILLER: They just started doing that.
COMMISSIONER FIALA: It's way over to the north end of Fort
Myers.
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February 24, 2015
CHAIRMAN NANCE: Well, there's a bill to disband all the
regional planning councils effective July 15th, so it may be a moot
point shortly.
COMMISSIONER TAYLOR: Yes. Well, that's the other thing.
They're on life support, very much so.
COMMISSIONER HILLER: I agree, Commissioner Henning,
let's support that.
COMMISSIONER FIALA: Say that again.
COMMISSIONER HILLER: Let's support it, disbanding it. We
should -- maybe we should write a letter. Who's -- there's a bill to do
that?
COMMISSIONER TAYLOR: Yeah, there's a bill.
CHAIRMAN NANCE: There's a bill to do that, but we need to
look at our debt structure, ma'am. You might be surprised what
happens if we do that. We might have to write a big check.
COMMISSIONER HILLER: Maybe we'll save money.
CHAIRMAN NANCE: Maybe.
COMMISSIONER TAYLOR: So the other issue is, as I'm on the
Steering Committee of the blue zone effort within Collier County, and
Collier County has agreed to be a test case for blue zone, to bring blue
zone amenities here, we have a little lunchroom in our back office that
has a table and four chairs, and no one uses it. What if we put a
treadmill in there or a StairMaster or something?
It's not uncommon in offices to have a treadmill where folks can
actually read and -- I mean, I know there's offices here that do that.
COMMISSIONER HILLER: I want an Erg.
COMMISSIONER TAYLOR: What's that?
COMMISSIONER HILLER: An Erg? The rowing machine.
COMMISSIONER TAYLOR: Oh, I love rowing machines.
COMMISSIONER HILLER: I mean, if we're going to do it, let's
have an Erg.
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February 24, 2015
COMMISSIONER TAYLOR: Well, there's little space --
COMMISSIONER HILLER: Set of waves.
COMMISSIONER TAYLOR: -- but I just wanted to throw this
out to see if there was -- I love rowing machines.
Also, as the Bayshore/Gateway's CRA is in my district, I went to
the CRA board there and suggested -- and it was received very, very
favorably -- that over a series of, you know, not -- it's not back to back,
but maybe over the next year and a half we bring speakers to that CRA
board in preparation for the revising of the CRA plan.
And because I'm -- was 10 years on the City Council, I know a lot
of folks that were very involved in the CRA on 5th Avenue and have
suggested that, perhaps, they may like to speak, not about anything that
is going on with them, but just about the way to approach it and ideas
and, more importantly, have a -- like, a very open discussion of
fielding questions. And they were very excited about it, but I wanted
to bring it to my colleagues here to see if you would agree to that. And
so that's what I'm doing.
You okay?
COMMISSIONER FIALA: As far as I'm concerned, if they like
it, if they think that's a good idea. I think the city CRA is a totally
different structure than the County's; obviously, it is. But, you know, I
think all CRA people like to go to these seminars.
Now, right now, they're handicapped because they don't have an
executive director, so that's a problem. But anything that would assist
them, as long as you feel that the city's ideas would be --
COMMISSIONER TAYLOR: That would be up to them to
decide. It's more, okay, what their experience was. I mean, there's
some folks there that were there before and during and after and some
very talented planners and architects that maybe could bring some
ideas to the forefront as they struggle with how do we want us to look.
All right. Is there a consensus?
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February 24, 2015
CHAIRMAN NANCE: I've got no problem with it. I think it
should be an open dialogue on all things. You'll never find me
objecting to anything like that.
COMMISSIONER TAYLOR: Commissioner Hiller?
COMMISSIONER HILLER: (Nods head.)
COMMISSIONER TAYLOR: Okay. Commissioner Henning?
COMMISSIONER HENNING: What?
CHAIRMAN NANCE: He's okay with it, I think.
COMMISSIONER TAYLOR: Okay. So then I have one more
question. My ears pricked when we talked about stockpiling -- maybe
the word, Nick, is not "stockpiling," but buying enough asphalt with
petroleum low so that we can go forward with our road building into
the future. I don't know if you can store it or whatever. You can't?
CHAIRMAN NANCE: No. It's an indexing process, ma'am. Let
Mr. Casalanguida explain to you how it works. It's to help us with a
bidding process so that people don't have to comp -- so that bidders
don't have to compensate for what they expect might be extreme costs.
So when they put in a bid, they can provide us good value.
MR. CASALANGUIDA: Sure. For the record, Nick
Casalanguida, Growth Management Division Administrator.
Right now our resurfacing has indexing in it so that when the
prices go up, we fairly pay the vendors, and prices go down.
Our road projects are fixed. We do a, kind of contractor at risk.
We want to get locked in because our budgets are very tight and we
don't have a lot of flexibility.
DOT does some indexing. We're going to look at that for road
projects going forward. That's the best you're going to do. Stockpiling
wouldn't work, yeah.
COMMISSIONER TAYLOR: Okay. All right. Thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: While you're up there, Nick, I just --
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February 24, 2015
as long as you're there anyway.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: I wasn't going to say anything, but
being that you're talking roads, I want to tell you and all of your staff
members what a great job you're doing on the 951/41 corridor. You're
about, what, six months ahead of time?
MR. CASALANGUIDA: Close to six months.
COMMISSIONER FIALA: And you're below budget. I can't
believe how, in such a huge, major project, tearing everything apart in
sight, and they still keep the traffic moving. Yes, there's times between
three and six coming off Marco that it's really tough, but I tell you,
you've done a great job.
MR. CASALANGUIDA: Kudos to staff, ma'am, and the
contractor. He's showing great commitment, and he's our vendor for
the 951 north project, so --
COMMISSIONER FIALA: And just in case anybody's listening
right now, yes, they've had to turn streetlights off temporarily because
they were too close to the power lines, and so people have been
mentioning that they -- they're having trouble seeing. But that will be
finished by the end of this week. And the reason -- what is close to the
power lines is the wall that DOT has to build in front of Eagle Creek.
Just so everybody knows that they'll be coming back on by the end of
the week. Thank you.
MR. CASALANGUIDA: Yes, ma'am. Thank you.
COMMISSIONER FIALA: That's all for me.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you.
Two things. The first is we received an exceptionally nice letter
from the Executive Director of the YMCA, Paul Thein, about your
staff, Mr. Casalanguida, and how exceptional the county did in helping
them and how great that project was, so good job.
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February 24, 2015
And to that end, the Sneaker Ball is this Saturday. It's the grand
opening of the new Y, and I would encourage everyone to attend. It's
going to be very special. And it was an unfortunate fire that resulted in
the unintended positive consequence of a brand new Y which had been
a long time in the making. So I would encourage you to attend. It will
be held at the Y from 6:30 to 11 p.m.
On a historical note, the Freedom Memorial Foundation had an
exceptional event on Friday night at Freedom -- at the Fred Coyle
Freedom Park to raise funds for the completion of the memorial itself.
And we don't have the final tally on the number that was privately
raised, but we know that it's at least 400,000, which means with the
county match, we would be at 800-. We're waiting for the final
number.
And what I'm hoping is the reason they're not giving it to us is
because they're going to come back and tell us that they actually raised
600-, and we're going to have to fully fund it.
And my response to that, well, New Year's Eve we're going to see
you there and bring 2016 in in front of a completed project.
Right, Leo?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: So that will be a fast-track
construction project.
COMMISSIONER FIALA: So, Commissioner Hiller, am I
hearing you say to anybody in the audience who might be listening that
donations are still happily received?
COMMISSIONER HILLER: Absolutely, absolutely. And so,
you know, keep bringing them in till we're done.
CHAIRMAN NANCE: Representatives for the Naples Daily
News are here to take the request back to their administration to finish
the project.
COMMISSIONER HILLER: Correct. I know it's hard to write
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February 24, 2015
about good news, but if you would. If you would, you know, deign to
stoop so low, we would be very grateful.
So, yeah, all in all, it was an incredible event, and the speeches
that were made were very, very moving. Wayne Smith talked about
his history and the importance of fighting for freedom and his personal
sacrifices and the sacrifices of others.
So it's been a week full of very important events to support very
important causes. And other than the fact I can't believe that we're
going to be done before lunch --
COMMISSIONER FIALA: Oh, that's what I meant to do.
Congratulations, Commissioner Nance. We're going to be walking out
of here before lunchtime.
CHAIRMAN NANCE: Perhaps.
Commissioner Henning?
COMMISSIONER TAYLOR: It's up to you, sir. It's up to you.
COMMISSIONER HENNING: Motion to adjourn.
COMMISSIONER HILLER: I think we have four seconds.
CHAIRMAN NANCE: I have two really good items, quickly.
This Thursday past the County Manager, myself, Dr. Calvin
Arnold from the Southwest Florida Research and Education Center,
and the county Economic Development team went to an invited
meeting from senior vice president for Agriculture and Natural
Resources Jack Payne at the University of Florida in Gainesville,
together with Dean Nick Place, who's the director of University of
Florida Extension.
And the purpose of the meeting was to find synergy together for
our new food-based culinary accelerator in Immokalee, and I'm happy
to report to you that it was a wonderful meeting. We met with these
gentlemen for over two-and-a-half hours, together with staff members
which also included Dr. Susan Percival, who is the department chair of
the Department of Food, Science, and Human Nutrition, who will be
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February 24, 2015
closely working together with us to make the services of the University
of Florida function together with our economic development effort out
there.
A wonderful development happened right during that meeting in
that Brian Flick, our Collier County Extension Director, offered his
position opening, which was to replace Robert Halman's position, as
he's retired, and that Dean Nick Place approved making that position a
food systems position to work directly together with Collier County
extension and the accelerator, which is absolutely wonderful. So very
good things developing there.
Secondly, I'll ask Mr. Ochs to put a little -- this is a little light
hearted, my last comment. Out at Lake Trafford, Mr. John Stewart of
Alva caught an eight pound, two ounce Florida bass out of Lake
Trafford, which is the first trophy catch out of Lake Trafford since its
restoration. And those awards are made by the Florida Fish and
Wildlife Conservation Commission. The FWC recognizes those
Trophy Catches.
So that's a testament to our restoration of Lake Trafford, and
maybe we can even convince Commissioner Henning to go freshwater
fishing now that there's some big fish in Lake Trafford.
Other than that, my thanks to everyone.
COMMISSIONER HENNING: August.
CHAIRMAN NANCE: Get caught up and out there with Mr.
Olesky and airboats and alligators.
Any other business for the good of the public?
COMMISSIONER HILLER: One last thought I want to add, and
I was going to send this in an email to Leo, but I'm going to just say it
here because I think the public needs to know about it.
In talking to Paul Thein, he made a request which I think is a very
good one. And he asked if we could look at the -- our CAT system to
see if there was any way a route could be established to bring residents
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February 24, 2015
from certain neighbors to the Y.
And I don't want to get into any details as to what he was
specifically looking at, because he had certain ideas of, you know, how
these routes could stop in front of the Y from different other stations.
So if you could contact him and find out what his ideas are and
see if it's something that we can incorporate for the benefit of the
community.
MR. OCHS: Yep.
CHAIRMAN NANCE: All right. Any other comments?
(No response.)
CHAIRMAN NANCE: Seeing none, we are adjourned. Thank
you.
**** Commissioner Fiala moved, seconded by Commissioner
Henning and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
BOARD OF COUNTY COMMISSIONERS TO HEAR LAND
DEVELOPMENT CODE AMENDMENT 5.05.05 AUTOMOBILE
SERVICE STATIONS AT TWO REGULARLY SCHEDULED
DAYTIME HEARINGS AND WAIVE THE NIGHT HEARING
REQUIREMENT. THIS AMENDMENT PROPOSES TO ADD A
CONDITIONAL USE TO SEVERAL ZONING CATEGORIES —
THE PLANNING COMMISSION HAS REVIEWED THIS
AMENDMENT ON THURSDAY, JANUARY 15, 2015 AND
AGAIN ON THURSDAY, FEBRUARY 5, 2015
Item #16A2 — Continued to the March 24, 2015 BCC Meeting
(Per Agenda Change Sheet)
Page 105
February 24, 2015
RECOMMENDATION TO AWARD INVITATION TO BID (ITB)
#14-6247 FOR PURCHASE AND DELIVERIES OF FUNGICIDES,
PESTICIDES AND HERBICIDES TO MULTIPLE VENDORS,
ALIGARE LLC, CROP PRODUCTION SERVICES, INC.,
HELENA CHEMICAL COMPANY, RED RIVER SPECIALTIES,
INC., JOHN DEERE LANDSCAPES, AND UNIVAR USA, INC.
Item #16A3
RECORDING THE MINOR FINAL PLAT OF LIPARI -
PONZIANE, BLOCK "B" REPLAT APPLICATION NUMBER
PL20140002796 — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE FINAL APPROVAL LETTER AND
THE RECORDING OF THE PLAT
Item #16A4
AN EXTENSION OF TWO YEARS FOR COMPLETION OF
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
ORANGE BLOSSOM RANCH PHASE 1A (AR-7186) AND
ORANGE BLOSSOM RANCH PHASE 1B (AR-7431) — THE
EXTENSION IS SUBJECT TO THE TERMS AND CONDITIONS
CONTAINED IN THE ORIGINAL APPROVAL LETTER, WITH
THE COMPLETION DATES EXTENDED TO JANUARY 13, 2017
AND FEBRUARY 6, 2017
Item #16A5
CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO.
Page 106
February 24, 2015
105870794 IN THE AMOUNT OF $26,380 WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
59.902, (PL20130002701) FOR WORK ASSOCIATED WITH
ARTHREX COMMERCE PARK — THE AS-BUILT LAKE CROSS
SECTIONS HAVE BEEN RECEIVED AND THE LAKES
INSPECTED BY ENGINEERING SERVICES
Item #16A6
CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $25,000 WHICH WAS POSTED AS A GUARANTY
FOR EXCAVATION PERMIT NUMBER 60.088,
(PL20130000154) FOR WORK ASSOCIATED WITH THE SABAL
BAY COMMERCIAL PLAT, PHASE FOUR — THE AS-BUILT
LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE
LAKES INSPECTED BY DEVELOPMENT REVIEW
DEPARTMENT
Item #16A7
RESOLUTION 2015-33: FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF BUCKS RUN RESERVE APPLICATION
NUMBER AR-7597 WITH THE ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIVATELY MAINTAINED,
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY IN THE FORM OF A CASH BOND IN THE
AMOUNT OF $196,086.79 AND ACCEPTANCE OF THE PLAT
DEDICATIONS
Item #16A8
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February 24, 2015
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 277RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (ESTIMATED FISCAL IMPACT: $59,100) — FOR A
PORTION OF FOLIO #39327560003
Item #16A9
THE CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE
MAINTENANCE AGREEMENT (AGREEMENT) BETWEEN
COLLIER COUNTY AND THE WINDING CYPRESS
HOMEOWNERS ASSOCIATION FOR A LANDSCAPE
PLANTING WITHIN THE COLLIER BLVD. (CR 951) RIGHT-
OF-WAY — THE HOA WILL MAINTAIN THE LANDSCAPE
AND IRRIGATION IMPROVEMENTS AND ARE RESPONSIBLE
FOR THE RECORDING FEES
Item #16A10
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $10,534.04, FOR PAYMENT OF
$2,234.04, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. GAIL A.
PANDOLFE, CODE ENFORCEMENT BOARD CASE NO.
CEPM20140008527, RELATING TO PROPERTY LOCATED AT
604 110TH AVENUE NORTH, COLLIER COUNTY, FLORIDA —
FOR AN UNMAINTAINED POOL VIOLATION THAT WAS
BROUGHT INTO COMPLIANCE ON OCTOBER 10, 2014
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February 24, 2015
WHILE IN PRE-FORECLOSURE
Item #16A11
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $167,081 .43, FOR PAYMENT OF
$1,381 .43, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. DOREEN BIGICA,
CODE ENFORCEMENT BOARD CASE NO. CESD20120004188,
RELATING TO PROPERTY LOCATED AT 2391 19TH STREET
SW, COLLIER COUNTY, FLORIDA — FOR CONVERTING A
GARAGE DOOR INTO A DOUBLE GLASS DOOR WITHOUT
OBTAINING COUNTY PERMITS THAT WAS BROUGHT INTO
COMPLIANCE IN AUGUST 21, 2014
Item #16Al2
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $14,719.03, FOR PAYMENT OF
$1,669.03, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. HEATHER N.
GREEN, SPECIAL MAGISTRATE CASE NO.
CEPM20140001612, RELATING TO PROPERTY LOCATED AT
2052 CRESTVIEW WAY, COLLIER COUNTY, FLORIDA — FOR
AN UNMAINTAINED POOL WITH GREEN WATER
VIOLATION THAT WAS BROUGHT INTO COMPLIANCE IN
JUNE 11, 2014
Item #16A13
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
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February 24, 2015
ACCRUED VALUE OF $119,000, FOR PAYMENT OF $450, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. MARK G. MARTIN, CODE
ENFORCEMENT BOARD CASE NO. CESD20090016590,
RELATING TO PROPERTY LOCATED AT 4834 DEVON
CIRCLE, COLLIER COUNTY, FLORIDA — FOR A BUMP OUT
ADDITION WITHOUT COUNTY PERMITS AND NOT GETTING
A CERTIFICATE OF COMPLETION/OCCUPANCY FOR A
FENCE THAT WAS BROUGHT INTO COMPLIANCE IN
DECEMBER 15, 2014
Item #16A14 — Moved to Item #11F (Per Agenda Change Sheet)
Item #16A15
PURCHASE OF CITYVIEW'S ELECTRONIC PLANS REVIEW
(EPR) MODULE TO IMPROVE EFFICIENCY AND ELIMINATE
REDUNDANCY IN THE SUBMISSION AND PROCESSING OF
ELECTRONICALLY SUBMITTED PLANS FOR BUILDING AND
LAND DEVELOPMENT PROJECTS. INITIAL SOFTWARE
IMPLEMENTATION COSTS TOTALING $115,974 AND
ANNUAL MAINTENANCE COST TOTALING $8,565 WILL BE
FUNDED WITH BUDGETED BUILDING INDUSTRY USER
FEES — IMPROVING THE ABILITY TO ACCEPT AND REVIEW
LAND USE AND BUILDING PLANS SUBMITTED
ELECTRONICALLY
Item #16A16
WAIVE ALL APPLICABLE PURCHASING ORDINANCE
PROVISIONS AND PROVIDE FOR THE PAYMENT OF
Page 110
February 24, 2015
SERVICES IN THE AMOUNT OF $49,975 TO PREFERRED
MATERIALS INC., FOR ADDITIONAL PROTECTIVE
BARRIERS REQUESTED DURING A RECENT ROAD
RESURFACING PROJECT BY THE PELICAN BAY SERVICES
DIVISION — STAFF IS REQUESTING THAT THE BOARD
DETERMINE THAT IT WAS IN THE BEST INTEREST OF THE
COUNTY THAT THE PBSD STAFF DIRECTED THE
CONTRACTOR, WITHOUT QUOTES OR A CHANGE ORDER,
TO INSTALL PROTECTIVE BARRIERS IN ADVANCE OF THE
WORK
Item #16A17
AWARD INVITATION TO BID (ITB) #15-6363 FOR STORM
DRAIN MAINTENANCE TO ENVIROWASTE SERVICES
GROUP, INC., AS THE PRIMARY CONTRACTOR AND
SHENANDOAH GENERAL CONSTRUCTION COMPANY AS
THE SECONDARY CONTRACTOR — WAIVING A MINOR
IRREGULARITY IN THE SOLICITATION DOCUMENT
ADDING A SECONDARY VENDOR TO ENSURE SERVICE
DELIVERY IF THE PRIMARY VENDOR ISN'T AVAILABLE
Item #16C1
SELECTION OF DISNEY AND ASSOCIATES UNDER
REQUEST FOR PROPOSAL #14-6356, REDESIGN OF THE
NORTHEAST RECYCLING DROP-OFF CENTER, AND DIRECT
STAFF TO NEGOTIATE A CONTRACT FOR THE BOARD OF
COUNTY COMMISSIONERS' APPROVAL AT A FUTURE
MEETING — TO BE LOCATED EAST OF THE COLLIER
COUNTY FAIRGROUNDS ON 39TH AVENUE OFF OF
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February 24, 2015
IMMOKALEE ROAD ON COUNTY-OWNED LAND
Item #16D1
NO COST TRANSPORTATION COORDINATION AGREEMENT
WITH HOPE HOSPICE & COMMUNITY SERVICES, INC. —
PROVIDING TRANSPORTATION SERVICES FOR THE
CHILDREN, YOUNG PEOPLE AND ELDERLY THAT MAY
HAVE MENTAL OR BEHAVIORAL PROBLEMS AND ALSO
FOR THE AT RISK THAT ARE RECEIVING SERVICES AT A
FACILITY OPERATED BY THE GRANTEE
Item #16D2
RELEASE OF LIEN FOR DEFERRAL OF 100 PERCENT OF A
COUNTYWIDE IMPACT FEE FOR OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNIT — LOCATED AT
3763 JUSTICE CIRCLE, IMMOKALEE
Item #16D3
AWARD A WORK ORDER USING CONTRACT NO. 13-6164 TO
COASTAL ENGINEERING CONSULTANTS, INC. FOR THE
CLAM PASS BOARDWALK PILING INSPECTION AND MAKE
A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM
— FOR THE OVERLAND TRAM BOARDWALK
Item #16D4
AN AFTER-THE-FACT STANDARD CONTRACT, A
VERIFICATION OF EMERGENCY PREPAREDNESS PLAN
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February 24, 2015
AND ATTESTATION STATEMENT WITH AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., AND TO
AUTHORIZE ASSOCIATED BUDGET AMENDMENTS FOR
THE FY 15 OLDER AMERICANS ACT TITLE III PROGRAM IN
THE AMOUNT OF $671,792 AND LOCAL MATCH FUNDING
OF $74,644 — PROVIDING UNINTERRUPTED SUPPORT
SERVICES FOR THE COUNTY'S FRAIL AND ELDERLY
CLIENTS
Item #16D5
SELECTION COMMITTEE'S RANKING OF FIRMS UNDER RFP
#14-6322 (COLLIER AREA TRANSIT PROGRAM
ENGINEERING/ARCHITECTURAL SERVICES) AND DIRECT
STAFF TO BRING NEGOTIATED CONTRACTS TO THE
BOARD FOR SUBSEQUENT APPROVAL — RANKED FIRMS:
CH2MHILL, ATKINS N. AMERICA, HOLE MONTES, JOHNSON
ENGINEERING, STANTEC CONSULTING, Q. GRADY MINOR
AND DAVIDSON ENGINEERING
Item #16D6
RATIFY FEE WAIVERS GRANTED BY THE DIRECTOR OF
DOMESTIC ANIMAL SERVICES FOR THE PERIOD OF
AUGUST 1, 2014 THROUGH DECEMBER 31, 2014 IN
ACCORDANCE WITH THE PROCESS ESTABLISHED BY
RESOLUTION NO. 2014-29 — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D7
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February 24, 2015
NO COST MODIFICATION TO A DISASTER RECOVERY
GRANT AGREEMENT FOR DISASTER RELIEF AND LONG
TERM RECOVERY OR MITIGATION WITH THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY —
MODIFICATION #11 WAS TO MEET GRANTOR COMPLIANCE
REQUIREMENTS SHOWING THE COMPLETION AND
REALLOCATION FROM A COMPLETED ROBERT'S CENTER
PROJECT TO THE DEPARTMENT OF ECONOMIC
OPPORTUNITY
Item #16D8
AN AGREEMENT WITH NAPLES COMMUNITY HEALTH
CARE (NCH) SYSTEM, IN COOPERATION WITH THE SAFE
AND HEALTHY CHILDREN'S COALITION OF COLLIER
COUNTY, TO PROVIDE WATER SAFETY INSTRUCTION TO
COLLIER COUNTY YOUTH IDENTIFIED WITH THE SWIM
CENTRAL PROGRAM — FOR CHILDREN AGES 4-5 IN AN
EFFORT TO PREVENT DROWNING IN COLLIER COUNTY
Item #16D9
RECOGNIZE CARRY FORWARD FROM ACCRUED INTEREST
IN THE AMOUNT OF $572.55 AND APPROPRIATE THOSE
FUNDS FOR EXPENDITURES ON LIBRARY MATERIALS,
SERVICES, AND EQUIPMENT — FROM A STATE AID
LIBRARY GRANT FOR WHICH FUNDS WERE RECEIVED IN
ADVANCE AND ACCRUED INTEREST THAT REQUIRES
RECOGNITION AND APPROPRIATION IN ORDER TO
EXPEND THE FUNDS
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February 24, 2015
Item #16E1
RESOLUTION 2015-34: A RESOLUTION AUTHORIZING THE
BOARD OF COUNTY COMMISSIONERS' CHAIRPERSON TO
EXECUTE DEED CERTIFICATES FOR THE SALE OF BURIAL
PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS
CEMETERY DURING THE 2015 CALENDAR YEAR
Item #16E2
THE CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT
WITH MOTHER'S PHARMACY, INC. AS IT RELATES TO
CONTRACT #14-6248 "PHARMACY SERVICES" — COUNTY
STAFF WAS NOTIFIED ON DECEMBER 4, 2014 OF THE
ACQUISITION AND NAME CHANGE OF WOOLEY'S
PHARMACY
Item #16F1
REVIEW INFORMATION RELATED TO THE USE OF
GENERAL GOVERNMENT BUILDINGS IMPACT FEES FOR
THE PURCHASE OF A BUILDING LOCATED AT 3750
ENTERPRISE AVENUE TO BE USED BY THE SUPERVISOR
OF ELECTIONS — TO FACILITATE HOUSING THE ENTIRE
SUPERVISOR OF ELECTIONS OPERATION AT ONE SITE
Item #16F2 — Moved to Item #11E (Per Agenda Change Sheet)
Item #16F3
RESOLUTION 2015-35: A RESOLUTION APPROVING
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February 24, 2015
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2014-15 ADOPTED BUDGET
Item #16F4
RESOLUTION 2015-36: A RESOLUTION APPROVING THE
PROSPECT #15-011, AS A QUALIFIED APPLICANT TO
FLORIDA'S QUALIFIED TARGET INDUSTRIES (QTI) TAX
REFUND PROGRAM, PROVIDING UP TO $32,000 OF LOCAL
FINANCIAL SUPPORT FOR AN EXPANSION OF AN EXISTING
BUSINESS MANAGEMENT FIRM IN COLLIER COUNTY THAT
WILL CREATE 40 NEW QUALITY JOBS AND APPROVE
NECESSARY BUDGET AMENDMENT
Item #16G1
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE AIRPORT AUTHORITY, APPROVE A SITE LICENSE
AGREEMENT WITH THE IMMOKALEE CHAMBER OF
COMMERCE, INC. ALLOWING USE OF NON-AVIATION
AREAS ON THE SOUTHWEST PORTION OF THE
IMMOKALEE REGIONAL AIRPORT ON MARCH 26-29, 2015
FOR THE CELEBRATE IMMOKALEE EVENT — THE
CHAMBER WILL PAY ALL COSTS ASSOCIATED WITH
PERMITS, PORTABLE LAVATORIES, DUMPSTERS ON THE
PROPERTY DURING THE EVENT AS WELL AS
SECURITY/POLICE FOR CROWD AND TRAFFIC CONTROL,
INCLUDING PARKING REQUIREMENTS
Item #16H1
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February 24, 2015
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. SHE ATTENDED THE COLLIER
COUNTY 100 CLUB ANNUAL DINNER MEETING ON MARCH
2, 2015. THE SUM OF $35 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET — HELD AT THE NAPLES BEACH
HOTEL AND GOLF CLUB, 851 GULF SHORE BLVD. N.,
NAPLES
Item #16H2
DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO
BRING BACK A PARTNERSHIP AGREEMENT (PA) WITH THE
SUNRISE ROTARY CLUB OF MARCO ISLAND, THE
RESIDENTS OF THE COPELAND COMMUNITY, AND THE
COPELAND CHURCH WHEREBY THE COUNTY PURCHASES
AND INSTALLS TWO MULTI-USE BUS STOP/COMMUNITY
SHELTERS FOR THE COPELAND AREA LOCATED AT
PANTHER PARK AND LAKE GLORIA — THE COUNTY WILL
PURCHASE, INSTALL AND MAINTAIN THE TWO SHELTERS
INCLUDING CEMENT SLABS, BENCHES AND TRASH
RECEPTACLES AND THE ROTARY CLUB WILL MAINTAIN
THE LANDSCAPING AND PROVIDE UPKEEP OF THE
SHELTERS
Item #16H3 — Moved to Item #10B (Per Agenda Change Sheet)
Item #16J1
REPORT TO THE BOARD REGARDING THE INVESTMENT OF
Page 117
February 24, 2015
COUNTY FUNDS AS OF THE QUARTER ENDED DECEMBER
31, 2014
Item #16J2
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 5
THROUGH FEBRUARY 11, 2015
Item #16J3
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 12
THROUGH FEBRUARY 18, 2015
Item #16K1
THE THIRD AMENDMENT TO AGREEMENTS FOR LEGAL
SERVICES RELATING TO CONTRACT NO. 06-4047, EMINENT
DOMAIN LEGAL SERVICES WITH THE LAW FIRMS OF
FIXEL & WILLIS AND SMOLKER BARTLETT SCHLOSSER
LOEB & HINDS, EXTENDING THE EXPIRATION DATES TO
APRIL 22, 2017. THERE IS NO NEW FISCAL IMPACT
ASSOCIATED WITH THESE AMENDMENTS — FOR
PROFESSIONAL SERVICES
Item #16K2
ACCEPT A PROPOSAL FOR SETTLEMENT OFFER BY THE
Page 118
February 24, 2015
PLAINTIFF IN THE LAWSUIT STYLED LINDA SPENCE V.
COLLIER COUNTY, PENDING IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, CASE NO. 14-0956-CA, FOR THE SUM OF
$4,950 AS FULL AND FINAL SETTLEMENT OF THIS CLAIM —
FOR A VEHICLE ACCIDENT THAT OCCURRED ON OCTOBER
25, 2012
Item #17A — Moved to Item #9A (Per Agenda Change Sheet)
Item #17B
RESOLUTION 2015-37: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL
USE TO ALLOW CONDITIONAL USE #3, PRIVATE CLUBS,
AND CONDITIONAL USE #5, COMMERCIAL AND PRIVATE
PARKING LOTS AND PARKING GARAGES, WITHIN THE
COMMUNITY COMMERCIAL TRACT OF THE PLANNED
UNIT DEVELOPMENT PURSUANT TO SECTION 6.2.0 OF
ORDINANCE NO. 95-33, THE BRIARWOOD PLANNED UNIT
DEVELOPMENT, FOR PROPERTY CONSISTING OF 15.97
ACRES LOCATED AT THE NORTHEAST CORNER OF
LIVINGSTON ROAD AND RADIO ROAD IN SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA [PETITION CU-PL20130002048] — MOTION
DIRECTING STAFF TO CONSIDER THE APPLICATION FEE
AND REVIEW COSTS ASSOCIATED WITH THE CURRENT
CONDITIONAL USE AS SATISFYING THE COSTS
ASSOCIATED WITH THE PUD AMENDMENT APPLICATION
AND THAT ALL FEES ACCESSED TO THE DEVELOPER
Page 119
February 24, 2015
WOULD BE ADVERTISING COSTS ASSOCIATED WITH THE
PUD AMENDMENT PETITION AND IN ADDITION THAT
STAFF WOULD EXPEDITE THE PROCESSING OF THE PUD
AMENDMENT APPLICATION
Item #17C
RESOLUTION 2015-38: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2014-15 ADOPTED BUDGET
Item #17D
ORDINANCE 2015-18 AND ORDINANCE 2015-19: (1) ADOPT
AN ORDINANCE CREATING THE FIDDLER'S CREEK
MUNICIPAL RESCUE AND FIRE SERVICES MSTU, (2) ADOPT
AN AMENDMENT TO ORDINANCE NO. 78-49, AS AMENDED,
THE ISLES OF CAPRI MUNICIPAL FIRE SERVICES TAXING
DISTRICT, TO ADJUST ITS BOUNDARIES BY REMOVING
THE FIDDLER'S CREEK AREA WITHIN THE MSTU, (3) TO
APPROVE AN INTERLOCAL AGREEMENT WITH GREATER
NAPLES FIRE RESCUE DISTRICT FOR PROVIDING FIRE
SERVICES TO PROPERTIES WITHIN THE FIDDLER'S CREEK
MUNICIPAL RESCUE AND FIRE SERVICES MSTU, AND (4)
TO REQUEST THAT THE PROPERTY APPRAISER BEGIN TO
LEVY THE TAX MILLAGE IN THE 2016 TAX YEAR ONCE SET
BY THE BOARD OF COUNTY COMMISSIONERS
Item #17E
Page 120
February 24, 2015
ORDINANCE 2015-20: AN ORDINANCE AMENDING
"COLLIER COUNTY ADMINISTRATOR'S ORDINANCE" AS
AUTHORIZED BY THE BOARD OF COUNTY
COMMISSIONERS AT THE FEBRUARY 10, 2015 BCC
MEETING
Page 121
February 24, 2015
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:01 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
eAke-e_
TIM NANCE, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
est as to Chairman:ti •;' 110
signs on1Y.
These minutes approved by the Board on 3\2 5 , as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 122