BCC Minutes 05/26/2015 R BCC
REGULAR
MEETING
MINUTES
May 26, 2015
May 26, 2015
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 26, 2015
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, and 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
Tom Henning
Georgia Hiller
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Tim Durham, Executive Manager of Corp. Business Operations
Troy Miller, Television Operations Manager
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
May 26, 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 Dev. 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.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
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."
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May 26,2015
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.
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.
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 DIVISION 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 DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Sheila Zellers - Motivated By Love Ministries, Inc.
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. April 28, 2015 - BCC/Regular Meeting Minutes
C. May 5, 2015 - BCC/Fleet Maintenance Workshop Minutes
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May 26,2015
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation honoring Collier County's fallen law enforcement officers. To
be accepted by representatives of the Collier County Sheriff's Office: Sgt.
Dan Salls, Sgt. Brian Sawyer, Cpl. David Schaare and Victim and Senior
Advocacy Supervisor Angela Larson.
B. Proclamation designating May 26, 2015 as Fire Marshal Shawn Hanson
Appreciation Day in Collier County, in recognition of her exemplary service
to our community and for being named the "2014 State of Florida Fire
Marshal of the Year" by the Florida Fire Marshals and Inspectors
Association. To be accepted by Fire Marshal Shawn Hanson and Fire Chief
Kingman Schuldt, Greater Naples Fire & Rescue District.
C. Proclamation designating June 1-5 as Code Enforcement Officers
Appreciation Week in Collier County, in recognition of our dedicated Code
Enforcement Officers who have contributed their time and expertise to the
improvement of our community. To be accepted by Code Enforcement
Division Director Jeff Wright and staff.
D. Proclamation designating May 2015 as Drowning Prevention Month in
Collier County, recognizing and promoting community drowning
prevention efforts, education and programs. To be accepted by
representatives of the NCH Safe and Healthy Kids Coalition of Collier
County: TJ Snopkowski, Program Coordinator; Paula DiGrigoli, Board
Member; and other staff members, volunteers and supporters.
E. Proclamation designating May 2015 as Trauma Awareness Month in Collier
County, recognizing the accomplishments of the Lee Memorial Hospital
Trauma Center and its critical role to citizens and visitors of Collier County.
To be accepted by representatives of the Lee County Trauma Services
District (which includes Charlotte, Collier, Glades, Hendry and Lee
Counties) - Michael Reagen, Member, Regional Advisory Committee on
Trauma Services and Chair, Collier Injury Prevention Coalition;
Ambassador-AARP Florida and Pat Barton, Member, Regional Advisory
Committee on Trauma Services, Retired Substance Abuse and Mental
Health Consultant
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May 26,2015
F. Proclamation designating May 27, 2015 as Stan Appelbaum Day in Collier
County, recognizing the contributions made by Stan Appelbaum, Founder of
Foster Care Council and Friends of Foster Children, for being a tireless
advocate, lobbyist and voice for abused and abandoned children in
Southwest Florida. To be accepted by Stan Appelbaum and his wife Carol.
5. PRESENTATIONS
A. Recommendation to recognize Pam Bastien, Customer Service Specialist,
Growth Management Department, as the Employee of the Month for March
2015.
B. Presentation of the funds raised by the Freedom Memorial Foundation, from
October 1, 2014 to present. The Board of County Commissioners has
committed to matching these funds up to $600,000. To be presented by
Mayor John F. Sorey and the officers of the Freedom Memorial Foundation:
Jerry Sanford, Jerry LaDue, Sam Cadreau and Rich Gibbons.
C. Presentation of the Boy Scouts of America Supernova Award to Pack 242
Scouts Colin Hennessy, Cove Byers, Daniel Falco, Darian Olson, Dylan
Hoover, Jacob Falco, Stephen Scott, Charlie Arseneau, Ethan Ginsberg,
Lucas Harmon, Lucas Nici, Garrison DeVries and Pack 12 Scout Alon
Tadmor. To be presented by Mr. James Giles, Boy Scouts District
Executive Southwest Florida Council.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 9:45 a.m. This item has been continued from
the April 28, 2015 BCC meeting, and continued again from the May 12,
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May 26, 2015
2015 BCC meeting. Recommendation to deny the single, 2013 Cycle 3
Growth Management Plan Amendment specific to the Vincentian Mixed
Use Subdistrict petition. (Adoption Hearing) (Companion to rezone petition
PUDZ-PL20130001726, Vincentian Village Mixed Use Planned Unit
Development)
B. This item to be heard immediately following Item #9A. This item has
been continued from the April 28, 2015 BCC meeting, and continued
again from the May 12, 2015 BCC meeting. This item requires that ex
parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve an Ordinance amending Ordinance Number
2004-41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida, by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described
real property from a Planned Unit Development (PUD) zoning district to a
Mixed Use Planned Unit Development (MPUD) zoning district for a project
to be known as the Vincentian Village MPUD, to allow construction of a
maximum of 224 multifamily residential dwelling units, up to 250,000 gross
square feet of commercial land uses, and a hotel limited to 150 rooms and an
assisted living facility (ALF) at 0.6 FAR. The commercial uses are subject to
conversions and limitations if the project is developed as mixed use or if a
hotel or ALF is constructed. The subject property is located at the southeast
corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50
South, Range 26 East, Collier County, Florida, consisting of 30.68+/- acres;
providing for the repeal of Ordinance Number 99-37, the Vincentian PUD;
and by providing an effective date. [PUDZ-PL20130001726. This is a
Companion Item to the Growth Management Plan Amendment establishing
the Vincentian Mixed Use Subdistrict, PL20130001767/CP-2013-10].
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint two Commissioners as regular members and
three Commissioners as alternate members to the Value Adjustment Board
(VAB).
11. COUNTY MANAGER'S REPORT
A. Recommendation to seek direction regarding options for facilitating the
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May 26, 2015
upcoming Growth Management Plan (GMP) Public Planning processes.
(Mike Bosi, Zoning Division Director)
B. Recommendation to award Invitation to Bid (ITB) #15-6442, "Concrete:
Sidewalks, Curbs, Floors and Other Applications" to Neubert Construction
Services, Inc. as the primary vendor and BQ Concrete, LLC as the secondary
vendor, Quality Enterprises, Inc. as the tertiary vendor. (Travis Gossard,
Road Maintenance Division Director)
C. Recommendation to approve an agreement between Collier County and
Arthrex under the Capital Investment for Diversification Incentive ("CID")
Program providing a grant in support of Arthrex's planned 55,027 square
foot medical device finishing facility at Ave Maria. This Agreement
provides for a grant in an amount of up to $164,613.82 paid over a four year
term as an inducement equivalent to the payment made for commercial
impact fees. (Bruce Register, Office of Business and Economic
Development Division Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule.
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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May 26,2015
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Twineagles Grand Arbors
(PL20110000733) and authorize the release of the maintenance
security in the amount of$261,735.96.
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Parrot Cay, (Application
Number PL20140002110) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Warm Springs, (Application
Number PL20140000667) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Oyster Harbor at
Fiddler's Creek Phase 1 - Replat, Application Number 20150000589.
5) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. SEIFSU0617785 in the amount of$205,000
which was posted as a development guaranty for work associated with
Canopy, Early Work Authorization (EWA) PL201300001018.
6) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. SEIFSU0617784 in the amount of$101,200,
which was posted as a guaranty for Excavation Permit Number No.
60.092, for work associated with Canopy.
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May 26, 2015
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Brandon Replat, (Application
Number PL20150000523) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
8) Recommendation to approve an extension for completion of
subdivision improvements associated with Ave Maria Unit 7, Liberty
Park (AR-8940) and Ave Maria Unit 8, Emerson Park (AR-8941).
9) Recommendation to approve the release of(2) code enforcement liens
with a combined accrued value of$124,750 for payment of$450, in
the code enforcement actions entitled Board of County
Commissioners v. Gwendolyn Green, Code Enforcement Board Case
Nos. CENA20120006825 and CENA20120015339, relating to
property located at 3675 10th Ave. SE, Collier County, Florida.
10) Recommendation to approve the release of a code enforcement lien
with an accrued value of$217,000 for payment of$450, in the code
enforcement action entitled Board of County Commissioners v. Mark
Brecher, Code Enforcement Board Case No. 2006090558 (A/K/A
CEB 2007-05), relating to property located at 4830 Cherry Wood
Drive, Collier County, Florida.
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of$14,211.50 for payment of$1,661.50, in the
code enforcement action entitled Board of County Commissioners v.
Lisa Lynnette Titus, Code Enforcement Special Magistrate Case No.
CEPM20130002193, relating to property located at 902 Bluebird
Street, Collier County, Florida.
12) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
207RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Estimated Fiscal Impact: $1,600).
13) Recommendation to adopt a resolution authorizing the condemnation
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May 26, 2015
of permanent and temporary easement interests necessary for the
construction of roadway and related drainage and utility
improvements at the intersection of Lake Trafford Road (CR 890) and
North 19th Street in Immokalee. (Intersection Improvement Project
No. 60016.) Estimated fiscal impact: $66,100.
14) Recommendation to approve and authorize the Chairman to sign an
amendment to the Wall Construction Agreement entered into between
Eagle Creek of Naples Condominium Association (ECN), Eagle
Creek Community Association, Inc. (ECCA), and Collier County and
approve reimbursement in the amount of$31,004 for trees that were
removed due to the construction of walls. Project #60116.
15) Recommendation to approve and authorize the receipt of two Arterial
Monitoring Cameras from the City of Marco Island to the Collier
County Traffic Operations Section.
16) Recommendation to approve and authorize the Chairman to sign a
Collier County Flagpole Installation and Maintenance Agreement
(Agreement) between Collier County and the Palm River
Homeowners and Civic Association, Inc. for a solar-powered lighted
flagpole within Palm River Park.
17) Recommendation to approve the granting of a drainage easement to
Cameron Partners to replace that portion of an existing Stormwater
Treatment and Storage Easement under which Public Utilities recently
installed two sewer force mains. (Project No. 60178.) Fiscal Impact:
$27
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC),
acting in its capacity as the Community Redevelopment Agency
(CRA), approve the attached lease agreement between the CRA and
The Southwest Florida Workforce Development Board, Inc. for the
continued use of the Immokalee CRA's office space in Immokalee.
Fiscal impact: $43,532.64 (24 months).
2) Request that the Collier County Board of County Commissioners
(BCC) as the Collier County Community Redevelopment Agency
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(CRA) approve submission of the attached $25,000 grant request to
the Florida Department of Economic Opportunity (DEO) related to
the development of a Strategic Economic Opportunity Plan for
Immokalee.
3) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Collier County Community
Redevelopment Agency (CRA) approve the attached Change Order #1
to grant-funded Contract #14-6236 between the CRA and Quality
Enterprises, Inc. entitled "Immokalee Stormwater Improvements —
Phase II" and approve a budget amendment in the amount of
$29,398.45 needed to execute the bid alternate work on North 16th
street.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve an Access Agreement with South Florida
Water Management District to access and maintain existing telemetry
equipment on a monitoring well at the South County Water
Reclamation Facility.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to authorize a budget amendment recognizing
$87,571.43 in revenue received under the Home Investment
Partnership Program.
2) Recommendation to approve a standard form Agreement for Sale and
Purchase with Earl Willett for a "good deal" purchase of 2.02 acres
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $3,050.
3) Recommendation to accept the award and approve budget
amendments in the amount of$64,127 to allow continuous operation
of the Retired and Senior Volunteer Program from the Corporation for
National and Community Service prior to execution of funding award
(Net Fiscal Impact $64,127).
4) Recommendation to approve budget amendments in the amount of
$1,092,009 to allow continuous operation of the Community Care for
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May 26,2015
the Elderly, Alzheimer's Disease Initiative, and Home Care for the
Elderly grants for the Collier County Services for Seniors program
from the Area Agency on Aging of Southwest Florida, Inc. prior to
the execution of funding award (Net Fiscal Impact $1,092,009).
5) Recommendation to approve substantial amendments to the U.S.
Department of Housing and Urban Development Community
Development Block Grant for FY2005-2006, FY2013-2014 and
FY2014-2015 Annual Action Plans, approve a Memorandum of
Understanding with Collier County Parks and Recreation, reduce
Community and Human Services Planning and Administration
funding amount and increase or allocate project delivery for the
following projects: Collier County Parks and Recreation and project
delivery-environmental review.
6) Recommendation to approve a Memorandum of Understanding with
the Southwest Florida Workforce Development Board which will
provide funds to allow up to 130 children to receive recreational
opportunities during the summer.
7) Recommendation to approve Second Amendment to the subrecipient
agreement with the City of Naples providing a time extension for its
Community Development Block Grant Intersection Improvements
Project.
8) Recommendation to approve Standard Facility Use Agreements for
Community Markets (Short-Term and Long Term) and authorize the
County Manager or his designee to execute the Short-Term Use
Agreements; the Long Term Use Agreements will be presented to the
Board for signature.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve and execute a Memorandum of Lease
with SBA Towers II LLC regarding the tower on County-owned
property located at the Golden Gate Public Safety Complex.
2) Recommendation to re-appropriate $62,000 previously approved in
Fiscal Year 2014 from the GAC Land Trust to reimburse Big
Corkscrew Island Fire Control & Rescue District, now known as
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May 26, 2015
North Collier Fire Control and Rescue District, for the purchase of
eight mobile data terminals, installation, technical support, and
software update for a Station Alerting System.
3) Recommendation to approve a budget amendment to the Property and
Casualty Insurance Fund (516) for the funding of three large claims
and to recognize corresponding reinsurance recoveries in the amount
of$255,100.
4) Recommendation to approve Amendment No. 10 to the Agreement
with Collier County District School Board for the Driver Education
Program.
5) Recommendation to recognize interest earned by EMS County Grant
revenue and appropriate funds for a total amount of$355.99.
6) Recommendation to adopt a resolution authorizing the cancellation of
2015 taxes upon a fee-simple interest in land Collier County acquired
by Warranty Deed for Conservation Collier and without monetary
compensation.
7) Recommendation to award Invitation to Bid #15-6380 Original
Equipment Manufacturer (OEM) and Aftermarket Parts for Fleet
parts, accessories, and tools to: Capri Lawn and Garden, Naples
Armature Works, Sam Galloway Ford, Sunbelt Automotive, Southeast
Power Systems of Fort Myers, Tamiami Ford, Tampa Truck Center,
LLC d/b/a Fort Myers Freightliner, TPH Acquisition, LLP d/b/a The
Parts House, Uni-Select USA, Inc.; and to waive the Purchasing
Ordinance for purchases from Gillig, LLC, for bus parts, including but
not limited to mechanical, body, glass and window assemblies
pending a new solicitation.
8) Recommendation to adopt a resolution authorizing the cancellation of
2015 taxes upon a fee-simple interest in land Collier County acquired
by Warranty Deed for Conservation Collier and without monetary
compensation (Espinar).
9) Recommendation to accept the report concerning the sale, scrap,
donation of items, and disbursement of funds associated with the
County surplus auction held on April 18, 2015 and to authorize
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May 26, 2015
quarterly on-line auctions.
10) Recommendation to approve and authorize the Chairman to sign the
Collier County Government Equal Employment Opportunity Plan.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
2) Recommendation to approve a revision to the Capital Investment for
Diversification Economic Incentive (CIDS) Program.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint one member to the Library Advisory
Board.
2) Recommendation to reappoint a member to the Educational Facilities
Authority
3) Recommendation to appoint one member to the Ochopee Fire Control
District Advisory Committee.
4) Recommendation to reappoint two members to the Water and
Wastewater Authority.
5) Recommendation to clarify that the Board's intent at its February 10,
2015 meeting (Item #10B) in approving a dollar for dollar match of
private donations toward the construction of the Freedom Memorial
includes all donations made by entities other than the County to
include other governmental agencies. (Commissioner Hiller)
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
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May 26, 2015
1) Recommendation to approve a budget amendment in the amount of
$29.50 recognizing interest earned in Supervisor of Elections'
2014/2015 Federal Election Activities Grant.
2) Recommendation to approve a budget amendment recognizing
$1,379,000 in revenues and expenditures in the Sheriffs FY2015
General Fund budget.
3) Recommendation that the Collier County Board of County
Commissioners approve a resolution changing the boundaries and
numeric designations of certain voting precincts.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of May 7 through May 13,
2015.
5) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of May 14 through May 19,
2015.
K. COUNTY ATTORNEY
1) Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds for a continuing care retirement facility known as The
Arlington of Naples.
2) Recommendation to approve payment for litigation support services
by professional real estate appraisal experts for the Order of Taking
Hearings for the Golden Gate Boulevard Widening Project No. 60040
in an amount not to exceed $10,225. Fiscal Impact $10,225.
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
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May 26, 2015
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 has been continued to the June 9, 2015 BCC Meeting. This
item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to deny Petition VAC-
PL20140001887 to disclaim, renounce and vacate the County and the public
interest in a portion of 15th Street as shown on the plat of Eastover, Plat
Book 1 Page 97, of the Public Records of Collier County, Florida, located in
Section 3, Township 47 South, Range 29 East, Immokalee, Collier County,
Florida.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20140002842 to disclaim, renounce and vacate the County and the public
interest in the two westerly 30-foot parcels reserved for right-of-way and a
portion of Linda Drive of Linda Park as recorded in Plat Book 4, page 19 of
the Public Records of Collier County, Florida, located in Section 14,
Township 50 South, Range 25 East, Collier County, Florida.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20140002166, to disclaim, renounce and vacate the County and the public
interest in the 15-foot drainage easement as shown in Official Record Book
4387, Page 956 et seq, of the public records of Collier County, Florida,
located in Section 11, Township 51 South, Range 26 East, Collier County,
Florida and to accept Petitioner's grant of a 20-foot drainage easement to
replace the vacated drainage easement.
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
18. ADJOURN
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May 26, 2015
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 26,2015
May 26, 2015
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: Ladies and gentlemen, if you'd take your
seats, please. Good morning and welcome to the Board of County
Commissioners' meeting of May 26th.
At this time I will ask each of you to silence your cell phones and
other electronic devises so we can have an orderly meeting.
At this time please rise as Reverend Sheila Zellers from the
Motivated by Love Ministries gives us our morning invocation, to be
followed by the Pledge of Allegiance.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE — INVOCATION
GIVEN BY REVEREND SHELIA ZELLERS OF THE
MOTIVATED BY LOVE MINISTRIES, INC.
REVEREND ZELLERS: Thank you.
Dear heavenly Father: We thank you for this day. We thank you
for the city in which we live, the county in which we gather for these
reasonings today. We thank you, Father God, that you are the author
and the finisher of our lives, our faith and our hope. That our county
will be the county that you created it to be.
I ask for wisdom to these County Commissioners, I ask for each
and every person that's here today, Lord God, that you would have
them bring their agendas in such a way that we will be seen as a group
of people that are giving, caring and unified for the best of Collier
County.
We thank you for the freedom that we have today, Lord God. We
thank you for the Memorial Day we just celebrated yesterday, that we
have freedom in the United States. And may the establishment of our
faith and our government be seen in this place as glorious to you and to
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May 26, 2015
all that would look upon Collier County and say that that is a county
that cares, that loves and that gives back because of what your Son
Jesus Christ did that we have freedom and the men and woman who
fought to keep it.
We give you honor, we give you praise, and we thank you for our
county, Collier County, today that we will continue to be a light in the
darkness, hope to the hopeless and help to the helpless, that we go
forward to do goodwill to all men. In the name of the Father, Son and
the Holy Ghost, in the name of Yeshua Ha-Mashiach, in the name of
Jesus Christ, Amen.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN NANCE: Yes, Mr. Ochs, would you take us
through today's agenda changes, please, 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 your proposed agenda changes for the
Board of County Commissioners meeting of May 26th, 2015.
The first and second proposed changes are companion items,
Commissioner. This is a staff request to continue Item 9.A, which is a
Growth Management Plan Amendment for the Vincentian Village
Mixed Use Planned Unit Development. And Item 9.B is the
companion PUD rezone request. Both of those items are being moved
to the next meeting, June 9th, 2015 at the staffs request so we can
finalize some details and refine the gap housing component of the
Page 3
May 26, 2015
project that the Board had directed at the previous meeting.
The next proposed change is to move Item 16.D.2 off of the
consent agenda to become Item 11 .D under the County Manager's
report. This is a recommendation to purchase some Conservation
Collier land. And that item was moved to the regular agenda at the
separate request of both Commissioner Nance and Commissioner
Henning.
The last proposed change is to continue Item 16.D.8 to the next
meeting, June 9th, 2015. That is a staff request.
I have one reminder about court reporter breaks, at 10:30.
And finally, Mr. Chairman, in the event that the meeting would
conclude prior to 1 :00 today, public comments would be heard at the
conclusion of the regular business.
And those are all the changes I have, sir.
CHAIRMAN NANCE: Thank you. At this time we will have
additional changes and ex parte communication from the
commissioners.
Commissioner Henning?
COMMISSIONER HENNING: Good morning. I have -- I don't
have any changes to today's agenda or ex parte communication on
summary agenda.
But whoever arranged for the Boy Scouts and Cub Scouts to be
here, thank you, it's really made my day.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you very much. Good
morning.
To begin, I hope everyone had a great Memorial Day.
I don't have any disclosures, but I do have an item that I would
like to bring as a walk-on. There is no executive summary.
But what happened was it was just brought to my attention that
our board room is going to -- or is being -- there's an intended use of
Page 4
May 26, 2015
our board room apparently on -- is it this Friday, Leo?
MR. OCHS: Yes, Commissioner.
COMMISSIONER HILLER: Yeah, this Friday. For a private
group to host a what has now turned into a public meeting because the
City of Naples refused to allow them to use their facility.
The problem is right now we don't have a policy as it relates to
the use of our board room by such private groups, and there is a very
significant concern because this group, while it's being deemed a
public meeting is being exclusionary in terms of who they're allowing
to attend, and they're saying it's by invitation, which obviously does
not work.
So I really feel that we need to establish a policy ahead of this
meeting and we need to discuss this at today's board meeting to decide
how we are going to allow the Board room to be used.
I think we should limit the use of the board room to governmental
entities only, and that we do have other locations within the county's
properties that allow for private organizations to host private events,
and they have to enter into a rental agreement with the county. And
everybody is treated the same, and we can't exclude anyone, and how
they conduct their business is up to them. But to allow this one
organization to do what they're doing is going to be very problematic.
I believe the city is potentially going to be facing a lawsuit, and I
think we'll be in the same boat. This is all about open meetings, this is
all about the appropriate use of government property. And I think we
have to be very, very careful in how we conduct ourselves in this
matter.
So I think that if you don't mind, members of the Board, if we
could add this as an agenda item and discuss it.
I've spoken to the County Attorney about it. The County Attorney
has concerns also. And he has recommended that we need to establish
a policy. And something along the lines I'm describing is what would
Page 5
May 26, 2015
be best.
CHAIRMAN NANCE: Comments from Board members?
COMMISSIONER FIALA: I'd be willing to discuss it.
CHAIRMAN NANCE: Okay. Am I seeing nods to discuss this
item?
Mr. Ochs, would you like to -- Commissioner Henning?
COMMISSIONER HENNING: Yeah, I think it's worthy of
discussion because there's misstatements that was just stated.
COMMISSIONER HILLER: And this is -- just so you
understand, this is information that I've been given just in -- over the
last few days. So this is new to me. And any information that can be
added to this would be great. But like I said, I think we have to be --
we have to be fair and legally correct in this matter.
CHAIRMAN NANCE: Then let's add this item --
MR. OCHS: This would be 10.B under Board of County
Commissioners.
CHAIRMAN NANCE: Okay. All right, anything further,
Commissioner Hiller? No ex parte, no other changes?
COMMISSIONER HILLER: No, no, all is good. Just that.
CHAIRMAN NANCE: I have no further changes to the agenda
and no ex parte on today's agenda.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. No changes, no corrections, no
ex parte. I'm just fine with the whole thing.
CHAIRMAN NANCE: All right, Commissioner Taylor, it's up to
you to be unanimous, ma'am.
COMMISSIONER TAYLOR: I'm unanimous. There's no
changes, no additions.
CHAIRMAN NANCE: Very good.
Before we go to a motion, I hear from Mr. Miller that we have
one speaker on today's summary agenda.
Page 6
May 26, 2015
MR. MILLER: Mr. Chairman, the speaker for Item 17.B is
Patrick White.
MR. WHITE: Waive.
CHAIRMAN NANCE: Yes, sir, would you like to come forward
and make your remarks?
MR. WHITE: Waive.
MR. MILLER: He's waiving his remarks.
CHAIRMAN NANCE: He's waiving at us. Okay, sir.
Do I have a motion?
COMMISSIONER HILLER: Do we all wave back? I mean, you
said he was --
COMMISSIONER HENNING: Move to approve the agenda as
amended.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second to
approve today's agenda as amended.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Approved unanimously.
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
May 26,2015
Continue Item 9A to the June 9,2015 BCC Meeting: This item to be heard at 9:45 a.m. This item has
been continued from the April28.2015 BCC meeting.and continued again from the Mqv 12.2015 BCC
meeting. Recommendation to deny the single,2013 Cycle 3 Growth Management Plan Amendment
specific to the Vincentian Mixed Use Subdistrict petition.(Adoption Hearing) (Companion to rezone
petition PUDZ-PL20130001726,Vincentian Village Mixed Use Planned Unit Development) (Staff's
request)
Continue Item 9B to the June 9,2015 BCC Meeting: This item to be heard immediately following
Item 9A. This item has been continued from the April 28.2015 BCC meeting.and continued again from
the May 12.2015 BCC meeting. This item requires that ex parte disclosure be provided by Commission
members.Should a hearing be held on this item,all participants are required to be sworn in.
Recommendation to approve an Ordinance amending Ordinance Number 2004-41,as amended,the
Collier County Land Development Code,which established the comprehensive zoning regulations for
the unincorporated area of Collier County,Florida,by amending the appropriate zoning atlas map or
maps by changing the zoning classification of the herein described real property from a Planned Unit
Development(PUD)zoning district to a Mixed Use Planned Unit Development(MPUD)zoning district
for a project to be known as the Vincentian Village MPUD,to allow construction of a maximum of 224
multifamily residential dwelling units,up to 250,000 gross square feet of commercial land uses,and a
hotel limited to 150 rooms and an assisted living facility(ALF)at 0.6 FAR.The commercial uses are
subject to conversions and limitations if the project is developed as mixed use or if a hotel or ALF is
constructed.The subject property is located at the southeast corner of Southwest Boulevard and U.S.
41 in Section 32,Township 50 South,Range 26 East,Collier County,Florida,consisting of 30.68+/-
acres;providing for the repeal of Ordinance Number 99-37,the Vincentian PUD;and by providing an
effective date.[PUDZ-PL20130001726.This is a companion item to the Growth Management Plan
Amendment establishing the Vincentian Mixed Use Subdistrict,PL20130001767/CP-2013-10].
(Staff's request)
Move Item 16D2 to Item 11D: Recommendation to approve a standard form Agreement for Sale and
Purchase with Earl Willett for a"good deal"purchase of 2.02 acres under the Conservation Collier
Land Acquisition Program,at a cost not to exceed$3,050. (Commissioner Nance and Commissioner
Henning's separate requests)
Continue Item 16D8 to the June 9,2015 BCC Meeting: Recommendation to approve Standard Facility
Use Agreements for Community Markets(Short-Term and Long Term)and authorize the County Manager
or his designee to execute the Short-Term Use Agreements; the Long Term Use Agreements will be presented
to the Board for signature. (Staff's request)
6/9/20153:31 PM
May 26, 2015
Item #2B
BCC REGULAR MEETING MINUTES FROM APRIL 28, 2015 —
APPROVED AS PRESENTED
CHAIRMAN NANCE: BCC Regular Meeting Minutes from
April 28th.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: A motion and a second to approve the
meeting minutes. Discussion?
Commissioner Hiller?
COMMISSIONER HILLER: I want to say something at the end.
CHAIRMAN NANCE: You want to say something at the end.
COMMISSIONER HILLER: After 2.C.
CHAIRMAN NANCE: After -- okay. We have a motion and a
second to approve the BCC April 28th Minutes.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: All those opposed?
(No response.)
CHAIRMAN NANCE: It's approved unanimously.
Item #2C
Page 8
May 26, 2015
BCC WORKSHOP MINUTES RE: FLEET MAINTENANCE —
APPROVED AS PRESENTED
CHAIRMAN NANCE: The minutes of the BCC Fleet
Maintenance Workshop of May the 5th.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: A motion to approve the minutes and a
second.
Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: It passes unanimously.
All right, Commissioner Hiller?
COMMISSIONER HILLER: Yes, I just want to comment that
there was an item on our consent agenda that related to an IRB for
Arlington. And I know there are a number of people in the audience
from Arlington. Are you here? Hi. You want to stand up for a minute,
let everybody see you?
Arlington is an incredible community. It's a -- is it fair to describe
it as a retirement community? And they have done an absolutely
wonderful job serving our seniors. And we just want to thank you for
Page 9
May 26, 2015
continuing to grow and continuing to be such a great partner. So thank
you all for being here. And I just wanted to recognize you, because
your item was on consent, you took the trouble to be here today, and I
wanted to make sure you were appropriately acknowledged. So thank
you. (Applause.)
MR. OCHS: Mr. Chairman, that takes you to proclamations.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION HONORING COLLIER COUNTY'S FALLEN
LAW ENFORCEMENT OFFICERS. ACCEPTED BY
REPRESENTATIVES OF THE COLLIER COUNTY SHERIFF'S
OFFICE: SGT. DAN SALLS, SGT. BRIAN SAWYER, CPL.
DAVID SCHAARE AND VICTIM AND SENIOR ADVOCACY
SUPERVISOR ANGELA LARSON — ADOPTED
First proclamation this morning is Item 4.A. It's a proclamation
honoring Collier County's Fallen Law Enforcement Officers. To be
accepted by representatives of the Collier County Sheriffs Office,
Sergeant Dan Salls, Sergeant Brian Sawyer, Corporal David Schaare,
and Victim and Senior Advocacy Supervisor Angela Larson. If you'd
please step forward and receive the proclamation.
COMMISSIONER HILLER: And before --
CHAIRMAN NANCE: Commissioner Hiller has requested to
read this. And I think it's completely appropriate in that we just had
Memorial Day.
Page 10
May 26, 2015
So Commissioner Hiller, please.
COMMISSIONER HILLER: Thank you.
And last week was the remembrance week for fallen law
enforcement officers. And the reason it's so important to read this to
the community is because as you all know, we have had a wave of law
enforcement officers who have been killed in the line of duty
throughout the country and we need to stand up for them, we need to
remember them. We need to recognize these gentlemen and ladies for
what they're doing to protect and defend us.
So we want to thank you. And we want to remember those who
died in the line of duty and really gave the ultimate sacrifice.
WHEREAS, the Board of Collier County Commissioners would
like to honor those fallen law enforcement officers who gave their lives
in the ultimate sacrifice to keep Collier County residents safe; and
WHEREAS, when violent criminals threaten our communities,
law enforcement officers are the first ones to shield others from harm
and then track down the offenders. With their service comes great risk
and sacrifice; and
WHEREAS, on average one law enforcement officer is killed in
the line of duty somewhere in the U.S. every 58 hours. Since the first
known line of duty death in 1791, more than 20,000 U.S. law
enforcement officers have made the ultimate sacrifice, according to the
National Law Enforcement Officers' Memorial Fund website; and
WHEREAS, the Collier County Sheriffs Office held a memorial
service to honor Collier County's fallen officers on May 11th with a
candlelight vigil; and
WHEREAS the Board would like to honor the Collier County law
enforcement officers who have died in the line of duty. They are:
Deputy William E. Hutto, Deputy Maurice Eugene Anglin,
Investigator Arthur Allen Amos, Corporal Amedicus Quincy "Med"
Howell, III, Corporal Mark Carlton Caperton, Sergeant Roy Arthur
Page 11
May 26, 2015
Williams, Sergeant Joe Nathan Jones, and Deputy Raul "Rudy" Dimas,
Sr., all with the Collier County Sheriffs Office.
Officer Louis Collin Collins and Officer Carl Strickland of the
Naples Police Department and Deputy W.B. Richardson and Deputy
William Irwin of the Southwest Mounted Police.
AND NOW, THEREFORE, BE IT PROCLAIMED that the
Board of County Commissioners of Collier County, Florida, honors
those fallen law enforcement officers who gave their lives in the
ultimate sacrifice to protect and serve Collier County residents. They
will never be forgotten.
Done and ordered this 26th day of May, 2015 by the Board of
County Commissioners. We thank you. And we remember.
(Applause.)
COMMISSIONER FIALA: Commissioner Hiller, I'm so glad
you read that. That was beautiful. I have to say that I went to two
Memorial Services this weekend. And at both services every one of
the names was read, to honor them and thank their families for the
sacrifices they made for our community.
COMMISSIONER HILLER: And thank you for mentioning that,
Commissioner Fiala. I actually attended the candlelight vigil itself.
And it was so moving I was shaking and crying.
Item #4B
PROCLAMATION DESIGNATING MAY 26, 2015 AS FIRE
MARSHAL SHAWN HANSON APPRECIATION DAY IN
COLLIER COUNTY, IN RECOGNITION OF HER EXEMPLARY
SERVICE TO OUR COMMUNITY AND FOR BEING NAMED
THE "2014 STATE OF FLORIDA FIRE MARSHAL OF THE
YEAR" BY THE FLORIDA FIRE MARSHALS AND
INSPECTORS ASSOCIATION. ACCEPTED BY FIRE MARSHAL
Page 12
May 26, 2015
SHAWN HANSON AND FIRE CHIEF KINGMAN SCHULDT,
GREATER NAPLES FIRE & RESCUE DISTRICT — ADOPTED
MR. OCHS: Item 4.B is a proclamation designating May 26th,
2015 as Fire Marshal Shawn Hanson Appreciation Day in Collier
County, in recognition of her exemplary service to our community and
for being named the 2014 State of Florida Fire Marshal of the year by
the Florida Fire Marshals and Inspectors Association.
To be accepted by Fire Marshal Shawn Hanson and Fire Chief
Kingman Schuldt, Greater Naples Fire and Rescue District. Please
step forward.
(Applause.)
MR. OCHS: Chief, you want to step in for a photo?
COMMISSIONER HENNING: Mr. Chairman, can I say
something?
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Thank you. On this
proclamation I need to recognize all the fire marshals and plan
reviewers coming back into the county. There is true cooperation and
collaboration within the agency to at the end of the day serve the
customer better. And that's all due to the fire commissioners who
recognize there's a need for improvement. And it's happened. And all
good things to come.
CHAIRMAN NANCE: Thank you. Well said.
Item #4C
PROCLAMATION DESIGNATING JUNE 1-5 AS CODE
ENFORCEMENT OFFICERS APPRECIATION WEEK IN
COLLIER COUNTY, IN RECOGNITION OF OUR DEDICATED
CODE ENFORCEMENT OFFICERS WHO HAVE
Page 13
May 26, 2015
CONTRIBUTED THEIR TIME AND EXPERTISE TO THE
IMPROVEMENT OF OUR COMMUNITY. ACCEPTED BY
CODE ENFORCEMENT DIVISION DIRECTOR JEFF WRIGHT
AND STAFF — ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating June 1st
through June 5th as Code Enforcement Board Officers Appreciation
Week in Collier County, in recognition of our dedicated code
enforcement officers who have contributed their time and expertise to
the improvement of our community. To be accepted by Code
Enforcement Board Division Director Jeff Wright and his Code
Enforcement staff. Please step forward.
(Applause.)
CHAIRMAN NANCE: Mr. Wright?
MR. WRIGHT: Mr. Chairman, if I may, just a quick plug for our
investigators, if I may.
First off, I want to introduce our team back there. There's about
30 investigators that are being honored this morning. I wanted to
thank the Board for taking time out of their meeting to recognize their
efforts and the important contribution they make to our community.
I also want to thank the County Manager, the Deputy County
Manager and the Deputy Growth Management Head, that's Jamie
French, for their ongoing support of our team and our code
enforcement generally.
There are, like I said, 30 investigators, five supervisors, and
within their ranks they're a very diverse group of backgrounds,
including 12 military veterans, every branch of the armed services
represented in this group. We have former law enforcement officers.
And one thing they have in common is they add value every day to
every citizen through their efforts. And I just wanted to thank you very
much for taking the time to recognize that.
Page 14
May 26, 2015
(Applause.)
CHAIRMAN NANCE: Yes, Mr. Wright, I would personally like
to commend you and your team in your recent work since your
appointment to this position. I think Collier County Code
Enforcement's a very difficult job. Collier County has many
ordinances and all of us are aware of that. But I think you and your
team have done and made great strides in making Code Enforcement a
kinder, gentler agency. And I think the entire community thanks you
for that, sir. Appreciate it.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING MAY 2015 AS DROWNING
PREVENTION MONTH IN COLLIER COUNTY, RECOGNIZING
AND PROMOTING COMMUNITY DROWNING PREVENTION
EFFORTS, EDUCATION AND PROGRAMS. ACCEPTED BY
REPRESENTATIVES OF THE NCH SAFE AND HEALTHY KIDS
COALITION OF COLLIER COUNTY: TJ SNOPKOWSKI,
PROGRAM COORDINATOR; PAULA DIGRIGOLI, BOARD
MEMBER; AND OTHER STAFF MEMBERS, VOLUNTEERS
AND SUPPORTERS — ADOPTED
MR. OCHS: Item 4.D is a proclamation designating May, 2015
as Drowning Prevention Month in Collier County. Recognizing and
promoting community drowning prevention efforts, education and
programs. To be accepted by representatives of the NCH Safe and
Healthy Kids Coalition of Collier County, T.J. Snopkowski, Program
Coordinator, Paula DiGrigoli, Board Member, and other Staff
Members, Volunteers and Supporters. Thank you.
(Applause.)
Page 15
May 26, 2015
MR. SNOPKOWSKI: I just wanted to take the time to thank you
all very much for this consideration. T.J. Snopkowski, I'm the
program coordinator for the NCH Safe and Healthy Children's
Coalition.
And it's just proclamations like these that give public awareness
for our cause. Southwest Florida leads the country in drowning deaths
for children age one to four. But since we've come in, we -- our Swim
Central program's educated nearly 3,000 kids in safe swimming. We
have 12 life jacket loaner stations that I'm sure you guys have seen in
our public beaches, with plans to expand those as well.
And it's just moments like these where people are aware of what
we're doing and we've just got to get our message out there and just
come up with more ways to prevent. So thank you all so much for
your consideration and your time. Really appreciate it.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING MAY 2015 AS TRAUMA
AWARENESS MONTH IN COLLIER COUNTY, RECOGNIZING
THE ACCOMPLISHMENTS OF THE LEE MEMORIAL
HOSPITAL TRAUMA CENTER AND ITS CRITICAL ROLE TO
CITIZENS AND VISITORS OF COLLIER COUNTY. ACCEPTED
BY REPRESENTATIVES OF THE LEE COUNTY TRAUMA
SERVICES DISTRICT (WHICH INCLUDES CHARLOTTE,
COLLIER, GLADES, HENDRY AND LEE COUNTIES) -
MICHAEL REAGEN, MEMBER, REGIONAL ADVISORY
COMMITTEE ON TRAUMA SERVICES AND CHAIR, COLLIER
INJURY PREVENTION COALITION; AMBASSADOR-AARP
FLORIDA AND PAT BARTON, MEMBER, REGIONAL
ADVISORY COMMITTEE ON TRAUMA SERVICES, RETIRED
Page 16
May 26, 2015
SUBSTANCE ABUSE AND MENTAL HEALTH CONSULTANT
— ADOPTED
MR. OCHS: Item 4.E is a proclamation designating May, 2015
as Trauma Awareness Month in Collier County, recognizing the
accomplishments of the Lee Memorial Hospital Trauma Center in its
critical role to citizens and visitors of Collier County. To be accepted
by representatives of the Lee County Trauma Services District which
includes Charlotte, Collier, Glades, Hendry and Lee counties. Michael
Reagen, Member, Regional Advisory Committee on Trauma Services
and Chair of Collier Injury Prevention Coalition, and Ambassador of
AARP Florida. And Pat Barton, Member, Regional Advisory
Committee on Trauma Services, retired substance abuse and mental
health consultant.
If you'd please step forward and receive your proclamation.
(Applause.)
Item #4F
PROCLAMATION DESIGNATING MAY 27, 2015 AS STAN
APPELBAUM DAY IN COLLIER COUNTY, RECOGNIZING
THE CONTRIBUTIONS MADE BY STAN APPELBAUM,
FOUNDER OF FOSTER CARE COUNCIL AND FRIENDS OF
FOSTER CHILDREN, FOR BEING A TIRELESS ADVOCATE,
LOBBYIST AND VOICE FOR ABUSED AND ABANDONED
CHILDREN IN SOUTHWEST FLORIDA. ACCEPTED BY STAN
APPELBAUM AND HIS WIFE CAROL — ADOPTED
MR. OCHS: Item 4.F is a proclamation designating May 27th,
2015 as Stan Appelbaum Day in Collier County. Recognizing the
contributions made by Stan Appelbaum, founder of Foster Care
Page 17
May 26, 2015
Council and Friends of Foster Children, for being a tireless advocate,
lobbyist and voice of abused and abandoned children in Southwest
Florida.
And Mr. Chairman, I know that Commissioner Taylor would like
to read this proclamation before we bring up Mr. Appelbaum and his
wife.
CHAIRMAN NANCE: Yes, sir.
Commissioner Taylor?
COMMISSIONER TAYLOR: WHEREAS, Stan Appelbaum,
through founding the Foster Care Council and Friends of Foster
Children, has helped countless foster families with monetary support
and after-school tutoring and enrichment for children; and
WHEREAS, Stan Appelbaum has been an outspoken advocate
for individuals with mental health issues; and
WHEREAS, Stan Appelbaum serves on Florida's Gulf Coast
University's Human Subjects Institutional Review Board of Florida,
The Alliance of Collier County, the Children's Network and as a
founding director of the Foster Care Council of Southwest Florida; and
WHEREAS, Stan Appelbaum has continued to be a tireless
advocate, lobbyist and voice for abused and abandoned children in
Southwest Florida; and
WHEREAS, Stan Appelbaum was named 2015 Collier Citizen of
the Year by the Naples Daily News; and
WHEREAS, Stan Appelbaum has never forgotten his roots and
has reached out to children disadvantaged in the foster care system;
and
WHEREAS, there are hundreds of children in Collier County
foster care system at any given time, and they have a true friend in
Stan Appelbaum and his legacy of advocating ardibly on their behalf
NOW THEREFORE, be it proclaimed by the Board of the
County Commissioners of Collier County, Florida that May 27th, 2015
Page 18
May 26, 2015
be designated as Stan Appelbaum Day.
(Applause.)
MR. APPELBAUM: Thank you, Penny, and thank all of you for
this honor. She's up here because without her it couldn't be done.
Thank you.
COMMISSIONER HILLER: I just want to add one thing to our
proclamation, and that it is wonderful to have the both of you here with
us today, because I know you couldn't attend the Chamber dinner.
And for those of you who don't know, the Appelbaums were
recognized. Mr. Appelbaum was recognized as Citizen of the Year at
the Chamber dinner by the Naples Daily News. And he could not
attend. So it's very fitting that you're here today so that the whole
community can see you live.
And again, we're very grateful to all you've done for the children.
Thank you.
CHAIRMAN NANCE: I make a motion to approve today's
proclamations.
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: So moved.
CHAIRMAN NANCE: Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Thank you very much.
MR. OCHS: Takes us to Item 5 on your agenda this morning,
Commissioners. Presentations.
Page 19
May 26, 2015
Item #5A
RECOGNIZING PAM BASTIEN, CUSTOMER SERVICE
SPECIALIST, GROWTH MANAGEMENT DEPARTMENT, AS
THE EMPLOYEE OF THE MONTH FOR MARCH 2015 —
RECOGNIZED
MR. OCHS: Item 5.A is a recommendation to recognize Pam
Bastien, Customer Service Specialist with Growth Management
Department as Employee of the Month for March, 2015.
Pam, please step forward.
(Applause.)
MR. OCHS: Stay right there, ma'am.
Commissioners, Pam's been an employee of the county for more
than four years working with our Growth Management Department.
She wears a number of hats: Is the first face and voice that most
people see or hear when they contact Growth Management, whether
it's an internal or external customer.
In addition to her outstanding customer service skills at the front
desk, Pam also handles the road alert for all projects, lane closures,
delays, construction, et cetera that are going on throughout Collier
County.
She works closely with outside construction companies, as well
as the Florida Department of Transportation, to keep our citizens
informed and updated.
She always has a smile and a kind word and always does her best
to ensure her customers are 100 percent satisfied.
She's also a proud military veteran, serving four years in the Navy
and 17 years in the Army National Guard. Pam is devoted to her job
and her coworkers and Collier County residents, and is very deserving
Page 20
May 26, 2015
of this award.
Commissioners, it's my honor to present Pam Bastien, Customer
Service Specialist, as your Employee of the Month for March (sic)
2015. Congratulations, Pam.
(Applause.)
CHAIRMAN NANCE: It seems we have tangible evidence that
these pesky sign waivers are indeed everywhere.
MR. OCHS: I hope they have a permit for those signs.
CHAIRMAN NANCE: We just had -- code enforcement was
just here. Did they leave?
MS. BASTIEN: They're funny back there, aren't they?
I just want to thank everyone. I won't be lengthy because I know
you have a lot ahead of you. It's a hard job for all of you.
I couldn't do my job without the support of the staff. And I want
to thank them, Jeanie Marcella, and all my friends for helping me do
my job. And I love working for Collier County. We're a little mad that
Leo stole Nick, but we'll survive, Leo.
Thank you all very, very much. Appreciate it.
(Applause.)
Item #5B
PRESENTATION OF THE FUNDS RAISED BY THE FREEDOM
MEMORIAL FOUNDATION, FROM OCTOBER 1, 2014 TO
PRESENT. THE BOARD OF COUNTY COMMISSIONERS HAS
COMMITTED TO MATCHING THESE FUNDS UP TO $600,000.
PRESENTED BY MAYOR JOHN F. SOREY AND THE
OFFICERS OF THE FREEDOM MEMORIAL FOUNDATION:
JERRY SANFORD, JERRY LADUE, SAM CADREAU AND RICH
GIBBONS — PRESENTED
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May 26, 2015
MR. OCHS: Item 5.B is a presentation of the funds raised by the
Freedom Memorial Foundation from October 1, 2014 to the present.
The Board of County Commissioners has committed to matching these
funds in an amount of up to $600,000. Presentation is being made by
Mayor John Sorey and the officers of the Freedom Memorial
Foundation, including Jerry Sanford, Jerry LaDue, Sam Cadreau and
Rich Gibbons.
(Applause.)
MR. SANFORD: Commissioners, this is indeed a great day. I
look back 13 years ago to 2003 when this whole idea, the seed was
planted to build something to remember everybody on 9-1-1 and all
the veterans that fought in all the wars that we could be here this
morning speaking.
And I would be remiss if I didn't thank Commissioner Fiala,
Commissioner Henning, Commissioner Coyle, Commissioner Halas
and Jim Coletta. They were here -- they were on the Board at the
beginning. And this is a great day.
The help with Mayor Sorey who picked up the ball in October
and came forward with Jeff Lytle and Bill Barnett and the wonderful
committee.
And the public. I can't forget the public that has helped us over
the years, from the $25 in the boot on Saturdays in the Green Market to
the Swamp Buggy races, to all the different things that our task force
has participated in. And again, we -- the light is much brighter now.
We're getting to the end of the tunnel.
So God bless you all and thank you so much for your support.
(Applause )
COMMISSIONER FIALA: Don't leave yet, fellas. I just want to
say how proud we are of you. You never gave up. Everybody just
kept on pushing along and pushing along. We didn't do it by ourselves,
you were there all the way, all the way. And we're just so proud that
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May 26, 2015
this has finally come to be, because we need to honor all of those
people, not only those who have fallen in the military, but also our -- it
was just pointed out that the fire department over New York City was
honored -- that's how they started.
And didn't they just have one of the metal things -- what were
they called, that was -- went down in the tower? What are those metal
structures called -- structural beams? Okay. That were displayed too.
And you guys have been so wonderful. And anyway, I'm a little
overcome so I'm not saying it right.
MR. SANFORD: I'd just like to add, on May 2nd I was part of
the honor flight up in Washington D.C. and I saw a wonderful T-shirt
on a member from Canton, Ohio and it had two sayings on the back of
the T-shirt. And the first reading was, if you can read this, thank a
teacher. And the second thing said, if you can read this in English,
thank a veteran.
Thank you.
(Applause.)
CHAIRMAN NANCE: Wait a minute. Hold up. I don't want
anybody to run away with a big check now.
Commissioner Hiller?
COMMISSIONER HILLER: For those who haven't read the
consent agenda, the Board of County Commissioners today approved
an item, it was 16.H.5, and what that item said that was it was a
recognition of the Board's intent which was made at the February 10,
2015 meeting to approve a dollar-for-dollar match to private donations.
And what we added was not only private donations, but also public
donations.
And just so the community understands, Mayor Sorey, though it's
my understanding the City of Naples, is going to be making an
additional donation of how much is it, $100,000?
MAYOR SOREY: $100,000, Commissioner. And you already
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May 26, 2015
have that check, so I didn't bring another check.
COMMISSIONER HILLER: Thank you very much.
Yeah, I just wanted to make sure everybody recognized what the
city has contributed as well.
So the Board of County Commissioners has agreed to match up to
$600,000, and now we have $525,000 in private donations, $100,000
from the city, that's $625,000, and $600,000 from the county. So the
total is $1,225,000 to fully fund this project.
And I want to thank Commissioner Coyle and Mayor Sorey, they
have sat down, met with myself and with the County Manager, we
have a time line in place. County staff is on board to get this project
done as quickly as possible. Now that we have the funding we're
going to be putting this out to bid.
And I really sincerely hope, and I know the Mayor hopes for this
and I know Commissioner Coyle hopes that maybe, everything going
as it ought to, that we could have this done by December 31st and
actually have a New Year's Eve party there. And it would be
wonderful to be able to invite the community to celebrate under that
memorial and see some fireworks there.
MAYOR SOREY: Absolutely. And thank the Commissioners
for all their work. It took a team. And one person that we should
recognize as well, but Ursula Pfahl was really --
COMMISSIONER HILLER: Absolutely.
MAYOR SOREY: -- instrumental in making it happen.
COMMISSIONER HILLER: She did an outstanding job.
MAYOR SOREY: We look forward to that ribbon cutting at the
end of the year. So thank you very much, Commissioners.
COMMISSIONER HILLER: And thank you all for your efforts.
CHAIRMAN NANCE: All the ladies and gentlemen that
participated in this, citizens, volunteers and community leaders, it is
very fitting and proper that we have this wonderful Memorial at
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May 26, 2015
Freedom Park. I think all of us look forward to its completion, it will
be a wonderful thing and a wonderful statement for our community.
Thank you very much.
COMMISSIONER HILLER: Thank you.
(Applause.)
MR. OCHS: Mr. Chairman, just one final point of information,
continuing on Commissioner Hiller's comment, we will be opening
those bids next Monday morning and plan to be in front of this Board
before you break for the summer with a contract award
recommendations so we can keep this project moving forward.
CHAIRMAN NANCE: Thank you, Mr. Ochs.
Item #5C
PRESENTATION OF THE BOY SCOUTS OF AMERICA
SUPERNOVA AWARD TO PACK 242 SCOUTS COLIN
HENNESSY, COVE BYERS, DANIEL FALCO, DARIAN OLSON,
DYLAN HOOVER, JACOB FALCO, STEPHEN SCOTT,
CHARLIE ARSENEAU, ETHAN GINSBERG, LUCAS HARMON,
LUCAS NICI, GARRISON DEVRIES AND PACK 12 SCOUT
ALON TADMOR. PRESENTED BY MR. JAMES GILES, BOY
SCOUTS DISTRICT EXECUTIVE SOUTHWEST FLORIDA
COUNCIL — PRESENTED
MR. OCHS: This takes us to Item 5.0 on your agenda this
morning, Commissioners. This is a presentation of the Boy Scouts of
America Supernova Award to Pack 242, Scouts Colin Hennessy, Cove
Byers, Daniel Falco, Darian Olson, Dylan Hoover, Jacob Falco,
Stephen Scott, Charlie Arseneau, Ethan Ginsberg, Lucas Harmon,
Lucas Nici, Garrison DeVries, and Pack 12 Scout Alon Tadmor.
This is to be presented by Mr. James Giles, Boy Scouts District
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May 26, 2015
Executive Southwest Florida Council.
Mr. Giles?.
(Applause.)
MR. GILES: Good morning, Commissioners and guests. We
have a National Boy Scouts of America award to present. We have 14
Scouts from two Cub Scout packs that have fulfilled the requirements
for the Dr. Charles H. Townes and Dr. Luis W. Alvarez Supernova
Awards.
In 2010 Exxon Mobile saw the potential to tie together 100 years
of stem activities in scouting. This would bring more opportunities to
Scouts to discover the fields of science, technology, engineering and
math.
To do this, the corporation donated $3 million to the National
Boy Scouts of America organization with a charge to create a
STEM-based awards program.
The Boy Scouts of America is truly a partner in education with
Collier County schools and the community to develop young people
into the future leaders of this country. With this new STEM-based
award system and curriculum, that partnership has expanded into a
new era.
Today we are joined by each boy's principal and their charter
organization. And I would ask you to please stand up and be
recognized.
(Applause.)
MR. GILES: To honor these youth, I would like to call upon our
volunteer STEM program chair, Ms. Grace Sidener to open our
National Court of Honor to award these Scouts.
MS. SIDENER: Good morning. Thank you. I'm very honored
and grateful to be here.
By the authority vested in me by the National Council of Boy
Scouts of America and the Southwest Florida Council, I declare this
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May 26, 2015
Court of Honor convened.
We have two groups of boys receiving the Supernova Award
today. First we will start with the second and third grade Scouts who
have earned the Dr. Luis Alvarez awards. Will the Wolf and Bear
Scouts please step up to the front.
These boys completed over 15 hours of work, and I'm sure much
more than that. Just a few of the items they accomplished: Research
to Dr. Alvarez was and the purpose of the Nobel Prize, learned about
particle accelerators and the invention of the bubble chamber to track
particles. Learned about Sir Isaac Newton's Laws of Motion through
active experimentation.
I ask that Mr. Giles, along with the boys' leader, assist in handing
out the awards for the following Supernova recipients, all from Pack
242, St. Monica's Episcopal Church: Cub Scouts, as your name is
called, please step forward: Cove Byers, Daniel Falco, Jacob Falco,
Colin Hennessy, Dylan Hoover, Alexander Navaro, Darian Olson,
Stephen Scott.
MR. OCHS: Smile, guys.
CHAIRMAN NANCE: Could all the parents and scout leaders
come behind the boys and get a photo? I think it would be a great
thing.
COMMISSIONER FIALA: That's a great idea.
(Applause.)
MS. SIDENER: Thank you boys. I'm so proud of each and every
one of you.
Now we will honor the Webelo Scouts fourth and fifth graders for
their outstanding achievements in earning the Dr. Charles H. Townes
Supernova Award.
Will the Webelo Scouts please step up to the front.
COMMISSIONER FIALA: What does Webelo stand for?
MS. SIDENER: We'll Be Loyal Scouts.
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May 26, 2015
These boys committed over 25 hours of work. Just a few of the
items they accomplished: Dr. Charles H. Townes and his contributions
to the quantum electronics field in connection with the maser and laser.
Bernoullis Principle of fluid dynamics in the engineering field. The
Scouts identified bridges and built them, they also learned about the
transfer of electricity.
The following Supernova recipients are from Pack 242, St.
Monica's Episcopal Church. Webelos, as your name is called, please
step forward: Charlie Arseneau, Garrison DeVries, Ethan Ginsberg,
Lucas Harmon, Lucas Nici, Alon Tadmor from Pack 12, St. Agnes
Catholic Church.
(Applause.)
MR. GILES: And one more photo with the boys in the front.
CHAIRMAN NANCE: We're going to get the families up here in
a minute.
Thank you. Could the families and support for these gentlemen
please come forward for a photo. To be followed by a final photo with
all the award recipients.
(Applause.)
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, it's an honor today. This
is Austin's troop, or pack, who has now moved on, obviously. But Jim
Nici is a local attorney here in Collier County, is really dedicated to
these boys. Along with a lot of support from family members that I
see was involved when Austin was involved. And the neat thing about
it is these boys' parents are parents to all the boys. In other words, if a
boy needs to be talked to, they step up and do that. And that's one of
the great things. So it's a great experience personally for me, but also
for obviously my son, Austin.
CHAIRMAN NANCE: And how wonderful to see so many
Scouts also out at the Memorial Day services yesterday. It was truly
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May 26, 2015
inspirational. Thank you, and congratulations to all of you, your
parents and all the people that support scouting in Collier County.
Thanks so very much.
(Applause)
MS. SIDENER: I'd like to thank all the volunteers as well and
parents who supported these boys in achieving the award. And
especially the STEM mentors. Because these people are volunteers
that stepped up to mentor these boys through the whole process. And
without those volunteers they wouldn't be here today. So we want to
thank the mentors especially. Thank you.
(Applause.)
MS. SIDENER: Finally, I'd like to thank the Board of County
Commissioners for allowing us, the volunteers, to honor these boys in
such a meaningful way. Thank you.
(Applause.)
Item #10A
RESOLUTION 2015-110: APPOINTING TWO COMMISSIONERS
AS REGULAR MEMBERS AND THREE COMMISSIONERS AS
ALTERNATE MEMBERS TO THE VALUE ADJUSTMENT
BOARD (VAB) - APPOINTING COMMISSIONER NANCE AND
COMMISSIONER HENNING AS REGULAR MEMBERS AND
COMMISSIONER TAYLOR, COMMISSIONER FIALA AND
COMMISSIONER HILLER ALTERNATE MEMBERS —
CONSENSUS
MR. OCHS: Mr. Chairman, that would take us to Item 10, Board
of County Commissioners this morning. Item 10.A is a
recommendation to appoint two commissioners as regular members
and three commissioners as alternate members to the Value
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May 26, 2015
Adjustment Board.
CHAIRMAN NANCE: Yes, it's my understanding from the
agenda item that Commissioner Hiller and Commissioner Fiala are
currently the Adjustment Board members with the other three
commissioners as alternates. I would volunteer to be one of the
members of the Board with the stipulation that unfortunately I would
not be able to attend the organizational meeting in August, but I would
be willing to serve as one of the members on the VAB.
COMMISSIONER FIALA: Good, you'll take my place then.
CHAIRMAN NANCE: With that exception -- I just can't be at
the Organizational Meeting in August, I will be out of town.
COMMISSIONER TAYLOR: I'll volunteer to be an alternate.
CHAIRMAN NANCE: Well, you have to be at least an alternate,
ma'am. Commissioner Henning is looking at his iPad. I guess that
means he doesn't --
COMMISSIONER HENNING: I'm looking for the date.
CHAIRMAN NANCE: Do we know the dates, sir, the dates of
the scheduled VAB Meetings? We know we have an organizational
meeting at some point in August. I'm unaware of the other dates. It
might have been included but they skipped my notice, sir.
MR. OCHS: There's reference to meetings in August, October
and March. But the exact dates in those months have not been listed,
to my knowledge, sir.
CHAIRMAN NANCE: All right. Well, I don't think there's any
event that we haven't had at least two members present as required. So
I will step forward, and I guess we need one other volunteer to --
COMMISSIONER HENNING: Sure.
CHAIRMAN NANCE: Okay, Commissioner Henning and I will
then be the designated members with Commissioners Hiller, Fiala and
Taylor as the alternates. Is that so agreed to? All right, thank you very
much.
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May 26, 2015
Item #10B
SETTING POLICY FOR PRIVATE MEETINGS HELD IN THE
BOARDROOM - MOTION THAT NO FORMAL POLICY IS
NEEDED — APPROVED
MR. OCHS: Item 10.B was an add-on item requested by
Commissioner Hiller. This is a discussion generally regarding the use
of the boardroom.
COMMISSIONER HILLER: County Attorney, can I ask you to
share your thoughts on this and solutions so that we can properly use
this room and other government meeting venues?
MR. KLATZKOW: Yeah, before the meeting you briefly shared
your concerns with me about a particular meeting. And my comment
was you really don't have a policy with respect to the use of the
boardroom. And that's really I think the underlying issue. I know you
use it for the Republican Executive Ccommittee at times, I've seen
Homeowners Associations in here from time to time, I've seen
obviously some of your Advisory Committees. But I don't know that
you have a policy. And before you start saying no to people, you
know, and then bringing up questions of favortism, either allow
anybody here first come/first serve, or create some sort of, you know,
policy as to whom you would like to be here.
COMMISSIONER HILLER: And that's really the issue.
Because since we don't have a policy and we clearly can't discriminate
against any group that wants to come in here and use it for free as of
right now, I think we need to adopt a policy and make that change.
Because if an organization came in, you know, Commissioner Taylor,
if I told you that the room is available this evening and the Ku Klux
Klan would like to have a meeting here, are you going to deny them?
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May 26, 2015
And we can't do that.
You know, so I really feel very strongly that what we need to do
is establish a policy here and now. I don't feel it's appropriate for any
entity that isn't a governmental entity to use this boardroom. If we
restrict this boardroom exclusively to governmental entities like our
Advisory Boards, our Planning Commission meetings, other
governmental entity meetings that are fully public meetings, and then
relegate the other venues that we have in the county to these other
entities so that they can use it and then they enter into a rental
agreement, there's no action on the part of the board. It's not like, you
know, one board member over another is, you know, advancing a
private entity on government property without paying, whereas the
other non-governmental entities are paying. Because that's what's
going on right now. You know, if someone wants to host a meeting --
what are the locations that we currently have a policy for?
MR. OCHS: Ma'am, you have policies governing the use of
meeting rooms in your Parks and Recreation division, as well as in
your Library Division.
COMMISSIONER HILLER: And are they -- do we enter into
rental agreements with these individuals and is there a cost, or do we
do it gratis? How does that work?
MR. OCHS: Yes, there is a cost. And we typically enter into a
rental use agreement or use agreement for the room.
COMMISSIONER HILLER: So I think that's appropriate. And,
for example, this group that wants to meet on Friday could enter into a
rental agreement with staff to use one of the venues that we have
available. For example, I believe the large meeting facility at North
Collier is available.
MR. OCHS: I'm not sure, ma'am, I'd have to check.
COMMISSIONER HILLER: I'm not sure if it's available on that
day, but it's available as a venue, for example, and it's a beautiful
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May 26, 2015
venue and could readily be used by this group, assuming that it's
available, for their meeting on Friday.
But I think we have a real problem if we start treating these
organizations differently where we're allowing some organizations in
this room and other organizations not in this room, some organizations
are paying, some organizations are not. And I think we need to
streamline our policy so the Board is not involved, so it's an
administrative decision and that everybody is treated the same way,
and that we make certain rooms available for these kind of meetings,
whether they're private or public. It's up to those individual groups,
and then we don't have the problem that's coming up with this Friday's
meeting.
CHAIRMAN NANCE: I see everybody's lights on. I'm going to
start with Commissioner Henning, followed by Commissioner Taylor
and then Commissioner Fiala.
COMMISSIONER HENNING: Yeah, thanks.
First of all, this is not the government's meeting room, the County
Board of Commissioners Meeting Room. It's the public's. We are just
stewards of it.
Florida Statute says the County Manager shall manage the
properties -- I was just trying to find the exact statutes -- of the county.
He's done that. And the Board should not and cannot interfere with
that because the North Naples union does not like for this meeting to
be taking place.
One of the organizers, Marvin Eastman, contacted me. I'm going
to be there. I'm going to participate in it. And I said only if the
meeting is open to everybody. I was going to get to -- and I will get
together with the County Manager to make sure that there is ample
overflow space for that. What happened at the City of Naples
happened at the City of Naples. But I don't know the particulars. I
really don't care. I know that this is going to be open to all. And, you
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May 26, 2015
know, the Board has no right to interfere with what the County
Manager's already done. If the Board wants to set a policy for the
future, that's the Board's prerogative.
I don't see anything that's broken myself. We have political
organizations use this room, we just have a whole host of it. It's not an
issue. So I'm not in favor of creating a policy when there's no need for
a policy.
CHAIRMAN NANCE: Commissioner Taylor, then
Commissioner Fiala.
COMMISSIONER TAYLOR: I've always looked at government
buildings as the people's buildings. It's built by taxpayers money and
they own it. And clearly when we -- when the County Manager in this
case allowed a meeting I'm sure he looked at it and figured it was a
government meeting. I mean, this has always been a public meeting.
When it was at the city it was a public meeting. It was publicly
noticed. Everyone was always invited.
The conundrum was is there room. Usually in big, big meetings
-- and the last one that I remember I think was in the Seventies, late
Seventies, early Eighties -- they had to move the entire meeting to the
Naples High School auditorium because there wasn't room. So that
became the concern of everyone.
But I think this is a great venue. We will have overflow seating.
I think we're almost double in capacity to the City Council's chambers,
and I just think it's very, very important to remember that this is the
people's room.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I worry too about treading on
some unchartered waters here. Being that we use this facility for other
things, like for instance when the League of Women Voters interview
the candidates and it's televised throughout the county so that
everybody who has any questions could either tune in or whatever.
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May 26, 2015
And there's not many places that you can go to televise all these things
other than our own facility. So I worry about what could happen there
as well.
CHAIRMAN NANCE: I will make one comment and then I'll go
to Commissioner Hiller.
I do think that this is an appropriate venue because simply it's of
great public interest. And, you know, we've had public referendums
on this, we've had many, many meetings in the independent fire
districts with their boards, their commissions and staff. We've had a lot
of agenda items related to first responders.
And I agree with Commissioner Fiala in that it's a venue where
we can record the meeting and the discussions so that the people who
might not be able to attend could further see the archived film of that
event.
So I see no reason -- I think actually it's probably fairly
appropriate.
Back to Commissioner Hiller.
COMMISSIONER HILLER: Well, this is not an event that's
sponsored by the Board of County Commissioners, is it?
COMMISSIONER FIALA: What is the event?
COMMISSIONER HILLER: Yeah, and that's what I'm a little
concerned and confused about as well. I mean, exactly who is hosting
this event and what is the agenda? Because what I've heard is it's a
private organization that wants to put forward data advocating cuts in
staffing in the Sheriffs Office and in the fire districts. And I'm not
sure that the Board of County Commissioners should be involved in
telling, for example, our Sheriff what his staffing ought to be in order
to adequately protect our county.
You know, I -- my understanding is, is that this is not a Board
sponsored event. My understanding is that it is a private entity that
wants to host a meeting. It's also my understanding that it's by
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May 26, 2015
invitation, because I got an invitation. And it wasn't that this was an
open meeting that anyone who wanted to come to this meeting could
attend.
And what my understanding is from -- and I saw, I think there
was an article in the paper, I think there was -- there was some
discussion at the City Council that essentially that those that did not get
an invitation could not attend.
You know, if we're going to have public meetings, and this is
absolutely, you know, a public building, how those meetings are held
has to be fair to all. We cannot -- in some of our buildings charge and
require a rental agreement and then in this building decide that we're
not going to charge and we're going to be selective who we're going to
allow.
I mean, if we are going to allow this group here, then you need to
allow the ACLU to host meetings here, you need to allow the KKK to
host meetings here, you need to allow the democrats to host their
meetings here. You need to allow any group that wants to use this
facility at no cost when it's available.
And as far as taping, this is not the only facility that allows for
taping. You can absolutely record meetings in North Collier at the
community park, at the North Naples Regional Park. Our meetings
that we host there that have been workshop meetings, for example
online use, have been taped.
So I have some real concerns about the inequity in how we're
handling it. And this is a policy matter, and the County Manager has
been executing policy. And that is why he has done what he has done.
With respect to what's happening on Friday, he did not have a
policy, and when this was brought to my attention I asked him what
policy he was acting under and he said he didn't have one and would
welcome the direction from the Board by way of policy so it would be
established for the future and we wouldn't end up being unfair to any
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May 26, 2015
single group in this county.
We have to treat everybody equally with respect to government
property. And whatever that policy is is fine with me. But I need to
make sure that we are not treating similarly situated private entities
differently with respect to these public assets. And that's exactly
what's going on.
And not just with respect to this group on Friday. I did not know
for example that the CCREC did not have a rental agreement and was
not paying rent. And regardless of the public benefit of the meeting,
because everybody has a different opinion of what the public benefit
is. I mean, you know, the KKK and the CCREC are going to have two
different perspectives, and both are going to believe that they have a
public benefit. The ACLU will have a different perspective as to what
the public benefit is.
So I think it's absolutely essential that we have some sort of a
policy that makes it fair to all nonprofit groups, all for-profit groups,
any group of citizens that wants to use public facilities. And we cannot
be arbitrary, we can't discriminate and we can't treat these people
differently, depending on who they are. And most importantly, we
can't sit around and say yes to one group and no to another.
CHAIRMAN NANCE: Mr. Ochs, would you like to give us any
information to add to this discussion?
MR. OCHS: Sure. I think in terms of the use of this boardroom
to date, we have been consistent. I wouldn't say that we've been
inconsistent.
The question is whether the Board wants to continue with that
approach or whether you would like a more formal policy. I'm already
working out a draft to avoid this situation in the future to bring back to
you at a future meeting so that I can get a little bit more specific
guidance on whether you want to differentiate on the type of events
you want to be held in this room and whether you want to change the
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May 26, 2015
way we've done business traditionally with meetings that have been
held in this room. So given the history of the use of this room and the
fact that we haven't charged historically and that this particular topic
has been one that elected officials throughout the county have
discussed and debated for many years when the question came to me
whether the Board room was available and whether this group could
use it, I did a little research, found the boardroom was available, saw
that there were over 70 confirmed attendees from various public
organizations in the county, and made the decision, right, wrong or
indifferent, and that's what I did, sir.
CHAIRMAN NANCE: Okay, thank you.
Commissioner Taylor, then back to Commissioner Henning.
COMMISSIONER TAYLOR: Yes, initially this was a public
meeting sponsored by the Naples City Council. However, when it was
decided 10 days ago, probably, not to go forward with it -- and I got
the notice on my email about it as one of the confirmed attendees --
then I reached out to the County Manager to ask him his -- for his
guidance and what he would suggest.
Just so you know, that there are three at this point -- there are 73
attendees at this point confirmed. And again, these were -- this was
done just to see, do we have room, where do we need to have chairs.
And this is at the Naples City Council. But there are three fire chiefs
and the sheriff, or three chiefs and someone from the Sheriffs Office,
28 elected officials, 11 firemen, and all seven chiefs plus the Airport
Authority, EMS, the Greater Naples Chamber of Commerce, our
Representative to the Florida House of Representatives, for a total at
least at this point of 73. But there will probably be more.
And one thing our office did on Thursday was to make sure that
all the fire chiefs had the Power Point that's going to be discussed so
that it was very clear and everyone could come forward with their
questions.
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May 26, 2015
I looked at this as an informational very important topic. Not that
anybody's going to be making any decisions. But the title attracted me.
I mean, it made me think, data driven decisions. And clearly as a new
commissioner I'd like to make my decision on data, not emotion.
COMMISSIONER FIALA: What is the title?
COMMISSIONER TAYLOR: Data Driven Decisions.
COMMISSIONER FIALA: Oh, that is the title.
COMMISSIONER TAYLOR: Yes. Yeah, yeah.
And so I think it's a seminar, it's three hours. And boy, I hope as
we -- if we move forward and develop a policy, I hope that we are
developing a policy with open arms to the public to be able to use their
room.
CHAIRMAN NANCE: Mr. Ochs, at this point this is indicated
that this is to be an advertised public meeting?
MR. OCHS: That was my intention, sir, to advertise it as a public
meeting.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, I -- my tablet is working.
Statute 125.7(G), which is the county administrator's powers and
duties. Supervise the care and custody of all county property.
I'm not -- I don't think we need a policy, because again, I don't see
anything broken. And I move that we move on to the next item.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's a motion and a second. Any
further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
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May 26, 2015
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: The motion passes 4-1 with
Commissioner Hiller dissenting.
Item #11A
SEEKING DIRECTION REGARDING OPTIONS FOR
FACILITATING THE UPCOMING GROWTH MANAGEMENT
PLAN (GMP) PUBLIC PLANNING PROCESSES - MOTION TO
APPROVE PROCESS #1 — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 11 .A, and that
is a recommendation to seek direction regarding options for facilitating
the upcoming Growth Management Plan public planning process. Mr.
Bosi, your Zoning Division Director, will present.
MR. BOSI: Mike Bosi, Planning/Zoning. Good morning,
Commission.
Behind the County Manager's head is the Growth Management
Plan with the allocation of our remaining acreages that are available in
the eastern portion of the county.
February 10th the Board of County Commissioners said to the
planning staff, it was time to pick up the mantle of planning for the
future populations of this county. And looking towards the east and
the four major areas, the Rural Fringe Mixed Use District, the Golden
Gate Area Master Plan, the Rural Land Stewardship Area and the
Immokalee Urbanized Area, are four areas within our Growth
Management Plan that are all needing an update and refreshing to.
The Board of County Commissioners at the February 10th
meeting directed staff to make -- budget allocations to provide for the
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May 26, 2015
staffing of that effort and to begin the process of actively engaging
these community planning efforts.
Staff has been following that direction.
One of the things that was contained within the executive
summary to that February 10th meeting was a project management
plan, just a draft high level. And one of the activities that was
associated with it was an ad hoc advisory committee. A number of the
past planning efforts that the county has engaged in, we've utilized ad
hoc committees. And these were really for the formation of individual
plans.
In discussing this with the Deputy County Manager, he reminded
me that we had a motion recent effort of a public planning process that
didn't require the ad hoc committee. And it was the master mobility
plan. And it was one where we really made an extensive effort for the
public notification and the vetting process to be provided without the
association of an individual committee member or committee to assist
the process. And we've -- from all accounts, I believe that the master
mobility plan was considered a success and was as inclusive as
possible in terms of inviting all the stakeholders to take part in the
discussions.
And as we discussed, maybe there's two -- there's a number of
different ways to provide for this public participation within the
planning efforts. We've arrived upon a third potential option. And I'm
not going to describe those options, I'm going to allow the individual
who we have retained as the community planning manager just --
allow me just a second to highlight some of the -- a little bit of the
history that Chris VanLengen brings. He -- when I first started
working with Comprehensive Planning, he was one of the staff
members that was writing the policies for the rural land -- or for the
rural fringe mixed use districts. He's also one of the members of the
East of 951 planning committee reviewing all of the issues on the east
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May 26, 2015
of 951 . He's also an individual member who worked with Bonita Bay
when they were proposing one of the first villages within the rural
fringe mixed use district.
So from the public's exposure within the issues of the East of 951,
from the private side, from a development perspective as well, Chris
brings a unique set of qualifications and credentials to the effort and
we're extremely pleased to have him onboard the team.
And with that, I'll introduce Mr. VanLengen. He can talk about
the third option, and some of the pros and cons that we've identified
moving forward with the effort.
Chris?
MR. VANLENGEN: Thank you, Mike.
Chris VanLengen, I'm your Community Planning Manager with
the Growth Management Department. And I'm very pleased and
thankful to be able to take this position, and I pledge to the County
Manager, Assistant County Manager and this Board to do so
conscientiously and objectively and with dispatch.
Mike mentioned the fact that we have used advisory boards
significantly in the past, more recently with the mobility study. It was
really a staff only effort.
What staff is really suggesting here is a hybrid type of effort,
which would be a very high level oversight committee that would take
a look at the overall process. Focus would be on process. Focus is
going to be on outreach, the who, what, why, when and where of
public meetings, how the agendas will go, and the progression that
makes sense from a consistency standpoint between the four plans.
So they would be involved in consistency, they'd be involved in
making sure that there was economic viability, but it would be a very
high level group, a team of-- a committee of seven individuals, four of
which would be drawn from the four different study areas and three at
large.
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May 26, 2015
They would meet quarterly. So from that, that would be an
indication that they're not going to get to the granular level. There will
not be -- they will not be advising policy per se, but they will be
overseeing the entire effort, making sure staff is on task.
And I think that pretty much sums up our idea at this point. And if
you agree with that approach, which is I think a hybrid approach and a
high level oversight committee approach, we would have for you at the
very next Board of County Commissioners meeting at a resolution that
would empower this group and we would be ready at that point to start
advertising.
Whether we would be able to get the candidates to you prior to
your summer break, I can't say for sure.
I just want to leave those comments at that and then be happy to
answer any questions.
CHAIRMAN NANCE: Yes, thank you, Mr. VanLengen. As my
fellow commissioners might imagine, I have put a great deal of
thought into the restudy of all these plans, a substantial portion of them
are of course in my district in the Eastern Lands.
And I would like to say that I was very, very impressed with the
enhanced public outreach and stakeholder outreach that we had with
the master mobility plan. I think it's the first time we did that. And
reflecting on our task at hand here, which is I think our first
opportunity to take four of our growth management plans and make
sure that they're fully coordinated. I think it is a daunting task but I
think it's a task that we have to be faithful to.
I believe that staff has a good recommendation here. I've thought
about it a great deal. I think it has the -- presents the opportunity for us
to have the best of both methodologies. I think all of us realize we have
to take a look at transportation, infrastructure, surface water
management and the environment across all these planes and make
sure that those elements are considered in a comprehensive way.
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May 26, 2015
And of course most recently there's been so much discussion
about the need for the coordination of economic development and the
integration of economic development into our Growth Management
Plan.
So I think an oversight committee that can bring some wise men
and women to that process is very -- I just think it's going to give us the
very best of what we've used in both plans over many, many years.
And I've participated in many of these plans in the past before my
service on the Commission.
So I'm going to make a motion to approve process number one as
proposed by staff.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN NANCE: We'll see if we can flush it out with some
detail.
COMMISSIONER FIALA: I'll second your motion.
COMMISSIONER HILLER: I support it also.
COMMISSIONER FIALA: Taylor was first.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Well, I just -- not having been
here not even a year, but understanding how successful that master
mobility plan was, it was a different -- it reached out, it has extended
outreach. It was considered highly successful. It was, I believe, what
I'm told now, and Commissioner Fiala and Commissioner Henning
were here, I believe, it was a little -- at the time it happened it was
about four years ago, there was a bleeding of employees, it was the
recession. There was a question, how are we going to do it, how are we
going to staff it. And you hired a consultant. And the consultant
blogged. There was a huge outreach into the community. And it's
considered a highly successful plan and results.
So I'd like to see that architecture applied here. And the reason is
I'm concerned with -- because there are estimates around, we don't
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May 26, 2015
know, but four to five years to do the whole process. And certainly
when you're looking at how one plan affects another, it's all one, which
is to the credit of growth management. I think that's the way to look at
it. That's a long time, even quarterly to ask folks to sit on a committee.
And I think that when you have an oversight committee, there will be
natural biases that will be brought forward into the planning process,
which I'm not sure you would get with a consultant whose reach is
more technical and certainly more of the digital age where there's
comments before in from a wider venue.
So I would like to see us follow a success story, which is the
master mobility plan, hire a consultant for four or five years. I'm told
it's not going to be very expensive at all because it will be over four or
five years. And let the computers do the work, let the outreach be 2015
in terms of the technology, and move forward.
CHAIRMAN NANCE: Before I go to Commissioner Fiala, I
agree with you, Commissioner Taylor. I would like to see staff come
up with some proposals to flesh this out.
One of the things that's very important on our public and
stakeholder outreach, I believe, particularly if we want to make sure
that we have a viable -- that we have viable changes is it's very
necessary for us to engage the people who have worked with these
plans extensively. And some of those of course are economic
stakeholders. And I think it's very easy to identify those economic
stakeholders. But I think it's also essential that we hear what they have
to say about it from an economic development standpoint and from an
operational standpoint. So I'm looking forward to staff fleshing things
out.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, this area is probably 90 percent
yours. I have a little piece of it myself, but about 90 percent of it is
yours. And you've been working in that area and know the whys and
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May 26, 2015
wherefores of that whole area for so many more years than I can even
count. And so I feel first of all that you of all people would know the
most about this area, and I'm going to bow to your knowledge. And I
trust that no matter what you do, it's going to be for the benefit of that
whole entire area.
And I think it's good these meetings will be open, everybody can
have input, so it's not like they're meeting in private or something. And
I think that as you gather people together, if you find any strong biases
that you feel are preventing the project from moving forward, that can
always be modified or changed somehow. So I believe that -- I like
your direction and I'm going to vote with you on that.
CHAIRMAN NANCE: Thank you, Commissioner Fiala.
I'm very, very pleased. I think Mr. VanLengen's assignment to
this project is very, very good. I think he brings a lot of skill to the
process. But I know there's a tremendous amount of work for this
Board going forward on this. And I know everybody's going to be
fully participating.
Commissioner Henning?
COMMISSIONER HENNING: No, I'll skip it.
CHAIRMAN NANCE: All right, any further comments?
COMMISSIONER HILLER: Call the question.
CHAIRMAN NANCE: There's a motion and a second.
MR. MILLER: Mr. Chairman, I have registered speakers on this
item.
CHAIRMAN NANCE: Oh, thank you, Mr. Miller.
MR. MILLER: Your first registered speaker is Nicole Johnson.
She'll be followed by Bruce Anderson.
MS. JOHNSON: Good morning. For the record, Nicole Johnson,
here on behalf of The Conservancy of Southwest Florida.
And we really appreciate the effort of staff to bring forward a
number of options for you to consider for this planning process, and
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May 26, 2015
we very much appreciate the $1.2 million that the county is going to
put into this effort. It's going to be a very monumental task I think
taking four very complex, very different but very interrelated planning
areas and studying them separately but sequentially. So we look
forward to participating in that.
And one of the really elemental things about the success of this
process from our perspective is making sure that that public
involvement component is -- really meets the needs of the community
and of the county.
Staff has provided for you three options, and The Conservancy
has participated in many planning efforts in the past. And we have
found that the process with the master mobility plan really seemed to
be the most inclusive to make sure that all the public had an equal seat
at the table and everyone could participate.
Now, for the master mobility plan, we did recommend that the
county not go to an outside consultant but that they do that in-house.
They decided to use a consultant in that case. But for the public
involvement portion of that, we really liked having it be a
non-committee led effort.
You know, this idea of having a hybrid between a full ad hoc
committee and no committee is something that I think merits a little bit
of additional consideration. I think our concern is that combining
those two into a hybrid of public workshops but also a committee may
lead to essentially a committee. Having this oversight committee look
at pure process, I'm not sure how you confine them to pure process.
And I'm a little concerned that when you start looking at the
economics of things, you have to make sure that the economics has as
its foundation those environmental and those quality of life
components that will come out of that public workshop process.
So we believe that really the most inclusive way is going to be
having a staff led process, no committee, and we would ask that you
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May 26, 2015
consider that and we look forward to working within the process that
you define and working on these planning areas. Thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, just a fast question. As Nicole
is talking about this, I wondered, if this committee is appointed, will
they then be subject to the Sunshine Law? And if they are, then we
have to make sure that they understand that, you know, anything that
they have to talk about has to be done in the public and not together
privately.
MR. VANLENGEN: Yes. And I'm not your panel expert but
yes, they would be subject to the Sunshine Law. Which is one of the
reasons why it's a diffused type of committee.
So that when, as Nicole was discussing, the real outreach takes
place, people within the -- let's just talk about the rural fringe for a
second, sending area, owners, developers and interests in the receiving
areas, all those people can get together without having been together
on a committee or on an advisory board. They can speak freely among
themselves. So it eliminates within each component I think those
Sunshine considerations.
CHAIRMAN NANCE: And what you're proposing, Mr.
VanLengen, is to come back on a separate agenda item to bring back
details on the formation of the committee and its duties; is that correct?
MR. VANLENGEN: That's correct. It would be a resolution that
would give the details of the committee itself.
CHAIRMAN NANCE: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Jeff, is this in fact an advisory
committee or is it a fact-finding committee? Because it sounds more
like it's a fact-finding committee. I mean, they're going to be soliciting
input and they're not going to be advising, they're compiling and then
bringing forward.
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May 26, 2015
MR. KLATZKOW: Well, one, I'd like to see what comes back to
you. But two, if they're going to be providing recommendations, then
they're going to need to be in the Sunshine.
COMMISSIONER HILLER: Yeah, there's no question. And
that's what I wasn't sure about. Are they going to be providing
recommendations or are they merely going to be reporting the
information brought back from these various meetings?
MR. VANLENGEN: I believe recommendations would be an
appropriate description.
COMMISSIONER HILLER: All right. Well, if it's
recommendations, it's very much Sunshine.
MR. VANLENGEN: I believe so.
COMMISSIONER HILLER: Okay. That's what I just wanted to
clarify.
CHAIRMAN NANCE: Mr. Miller?
MR. MILLER: Mr. Chairman, your final public speaker on this
item is Bruce Anderson.
MR. ANDERSON: Good morning, Commissioners. My name is
Bruce Anderson from the Law Firm of Cheffy Passidomo.
And first of all, I want to thank you for moving forward with
funding for these planning studies.
I'm here to support the staff recommendation. Perhaps guardedly
but support it. I represent a number of property owners in the rural
fringe who pooled their resource with other owners to identify problem
areas and issues and potential solutions to achieve the rural fringe
goals of preserving environmentally sensitive lands and steering future
growth to areas that are not environmentally sensitive.
They issued a report with specific recommendations for
adjustments to be considered to make the rural fringe a successful
program. A draft of that report was provided to local environmental
organizations, and with their helpful input changes were made to the
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May 26, 2015
report. And I would characterize their position, as I understand it, as
guardedly supportive.
I hope that the report can be used as a basis to move forward on
the rural fringe reassessment and that based on the spadework that the
private sector has initiated, that -- in providing this report, that the rural
fringe area be the first one to be considered in this sequential study.
Thank you very much.
CHAIRMAN NANCE: Thank you.
Any further comments from board members?
(No response.)
CHAIRMAN NANCE: Hearing none, there's been a motion and
second. All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
COMMISSIONER TAYLOR: Opposed. Only because I would
like to see the master mobility plan architecture implemented here.
MR. OCHS: Mr. Chairman, I believe it's the appropriate time for
your morning court reporter break, sir.
CHAIRMAN NANCE: We will take a break. We will return at
10:50.
(Recess.)
MR. OCHS: All set, sir?
CHAIRMAN NANCE: Yes, sir.
Item #11B
AWARD INVITATION TO BID (ITB) #15-6442, "CONCRETE:
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May 26, 2015
SIDEWALKS, CURBS, FLOORS AND OTHER APPLICATIONS"
TO NEUBERT CONSTRUCTION SERVICES, INC. AS THE
PRIMARY VENDOR AND BQ CONCRETE, LLC AS THE
SECONDARY VENDOR, QUALITY ENTERPRISES, INC. AS
THE TERTIARY VENDOR - MOTION TO EXCLUDE BQ
CONCRETE, LLC FROM THE AWARD AS ADVISED BY THE
COUNTY MANAGER DUE TO AN ONGOING INTERNAL
REVIEW OF INVOICES BY HIS OFFICE AND AWARDING
NEUBERT CONSTRUCTION SERVICES, INC. AS THE
PRIMARY VENDOR AND QUALITY ENTERPRISES, INC. AS
SECONDARY VENDOR — APPROVED
MR. OCHS: Commissioners, that takes us to Item 11 .B. This is
a recommendation for an annual bid award for concrete services.
Commissioners, before we get into the presentation by our
procurement services director, I would like to ask the Board to suspend
the recommended award to BQ Concrete as the secondary vendor at
this time. My office is involved in some ongoing internal review of
some of those invoices, and until I complete that review I would ask
that we suspend any award to this particular firm at this time.
COMMISSIONER HENNING: Move to approve as
recommended by the County Manager.
CHAIRMAN NANCE: Second.
MR. OCHS: So the tertiary awardee would become the
secondary awardee on this contract at this point.
CHAIRMAN NANCE: Okay, so we are approving a primary
and a tertiary vendor that has been moved up to the secondary vendor.
MR. OCHS: Yes, sir. Neubert Construction Services is the
primary and Quality Enterprises as the secondary.
CHAIRMAN NANCE: Comments from Board members?
COMMISSIONER TAYLOR: Yes.
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May 26, 2015
(At which time, Commissioner Hiller exits the boardroom.)
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, thank you.
So there's not going to be a tertiary then?
MR. OCHS: Ma'am, if we find a need for a third vendor, we'll
bring that back under a separate executive summary.
COMMISSIONER TAYLOR: Okay. And the reason is that
there is an ongoing issue --
MR. OCHS: Ongoing internal review that was initiated by my
office, and it's not yet concluded.
COMMISSIONER TAYLOR: Okay.
MR. OCHS: And so that's the reason.
COMMISSIONER TAYLOR: Okay. And this is -- it seems that
it's pejorative but it's not because of just it's an important and careful
process to follow.
MR. OCHS: Yes, ma'am.
COMMISSIONER TAYLOR: I want to make that really clear.
MR. OCHS: Thank you.
CHAIRMAN NANCE: All right. Seeing no other comments,
there's been a motion and a second to approve as amended.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, it passes 4-0 with
Commissioner Hiller absent.
Item #11C
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May 26, 2015
AN AGREEMENT BETWEEN COLLIER COUNTY AND
ARTHREX UNDER THE CAPITAL INVESTMENT FOR
DIVERSIFICATION INCENTIVE ("CID") PROGRAM
PROVIDING A GRANT IN SUPPORT OF ARTHREX'S
PLANNED 55,027 SQUARE FOOT MEDICAL DEVICE
FINISHING FACILITY AT AVE MARIA. THIS AGREEMENT
PROVIDES FOR A GRANT IN AN AMOUNT OF UP TO
$164,613.82 PAID OVER A FOUR YEAR TERM AS AN
INDUCEMENT EQUIVALENT TO THE PAYMENT MADE FOR
COMMERCIAL IMPACT FEES — APPROVED
MR. OCHS: Commissioners, Item 11.0 is a recommendation to
approve an agreement between Collier County and Arthrex under the
Capital Investment for Diversification Incentive Program for their
planned 55,000 square foot medical device finishing facility at the Ave
Maria location.
Mr. Register is available to answer questions or can take you
through a brief presentation. Pleasure of the Board.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's been a motion to approve and a
second.
I'd just like to say that I think this is a great example of how
capital infrastructure incentives are really in my view super and the
way to go. I fully endorse it.
Any further comments?
(No response.)
CHAIRMAN NANCE: Hearing none, there's a motion and a
second to approve. All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
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May 26, 2015
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Passes 4-0, with Commissioner Hiller
absent.
COMMISSIONER TAYLOR: Very good presentation, Mr.
Register.
MR. OCHS: Thank you, Commissioners.
Item #11D
A STANDARD FORM AGREEMENT FOR SALE AND
PURCHASE WITH EARL WILLETT FOR A "GOOD DEAL"
PURCHASE OF 2.02 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT
TO EXCEED $3,050 - MOTION TO DENY — FAILED; MOTION
TO APPROVE — APPROVED
MR. OCHS: That takes us to 11 .D, which was previously 16.D.2
that was moved from the consent agenda by both Commissioner Nance
and Commissioner Henning. It's a recommendation to approve the
purchase of 2.02 acres under the Conservation Collier Land
Acquisition Program.
Ms. Alex Sulecki is available to make the presentation or respond
to questions.
CHAIRMAN NANCE: Commissioner Henning, would you like
to begin comment, sir?
COMMISSIONER HENNING: Yeah, I just don't see a need to
continue on items like this, being that we're told in the future we're
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May 26, 2015
going to have a shortfall for maintenance. So I can't support approving
that item for purchase.
CHAIRMAN NANCE: I agree with you, Commissioner
Henning.
The reason I pulled it, and Ms. Sulecki, let me just make some
comments. I'm not opposed to what you did, but I'm very concerned
and I believe in the context that we've just had Amendment One
approved for the purchase of conservation lands by the state, that I
believe we should suspend all future purchases by Conservation
Collier as this Board actually had approved earlier. I believe we said
unless there was a good deal. I don't think we've really defined what a
good deal is.
My concern is that we have many, many small miscellaneous
parcels that have environmental value across the county, but I want to
make sure that Collier County is not proceeding without very firm
guidance on acquisition of those when many of them should rightfully
be acquired by the state or by the federal government. I mean, if we
look at the green map up here and you take a look at what we have --
I'm going to try not to blind the County Manager and his assistant.
All this green area, that's Federal. This is Federal. This is State.
This is State. The Collier Seminole State Park, that's State. This is
Federal down here in the Ten Thousand Islands. This is Federal up
here in Rookery Bay.
I mean, I can appreciate that Mr. and Mrs. Willets would like to
sell this property. You can see where it is on this map over here. It's
adjacent to some of the state owned properties over here and also to
Conservation Collier. But I don't feel like we're prepared to go
forward with full understanding of the long-term costs and
involvement that the county is going to have to make to get involved in
continuing to acquire properties in this fashion.
This particular property right here in my view is not threatened by
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May 26, 2015
development. I think it should rightfully be part of Rookery Bay. And
I believe that if the Willets would like to sell it to the Rookery Bay
project, they should do that or consider donating it to them and taking a
tax write-off or something. I just don't think that Conservation Collier
should jump into these sorts of things until the Board has given
guidance on this and really come to grips with where we're going.
It was my understanding that our intent was to sunset the Land
Acquisition Committee until we could find out the finances, and that's
the reason for my pulling this item and why I cannot support
continuing to buy them without fully knowing what our responsibilities
are.
COMMISSIONER HENNING: Move to deny.
CHAIRMAN NANCE: I will second that.
Comments from Commissioner Taylor, Commissioner Fiala?
COMMISSIONER FIALA: Yeah, just a question.
CHAIRMAN NANCE: Yes, ma'am.
COMMISSIONER FIALA: If the Willets gave this property to
us, would you be willing to accept it?
CHAIRMAN NANCE: Ma'am, I would not. Because in fact the
long-term costs of the care and feeding of these properties is what I'm
concerned about. We say we're going to take these and we're going to
take care of them forever. That's where the money is. The money is
not in their acquisition necessarily, it's in their care and feeding forever
and ever, amen. And that's what I'm concerned with.
My discussions at the time when we said we should take a look at
what properties we own and in fact convey them to adjacent properties
-- for example, we own a really nice piece of property that's right next
to Collier Seminole State Park, and it's actually an out-parcel to Collier
Seminole State Park. And I thought that it should rightfully become
part of Collier Seminole State Park and Conservation Collier should so
deed it to the State Park and let State Park take care of it rather than us
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May 26, 2015
taking care of it independently.
The glitch was when we approached the park they said yeah, we'll
take it but you have to provide us with the monies to take care of it
going forward. We said, well, we can't afford that. So there's where
we are. You know, it's not just owning the land, it's the funding of its
care and maintenance going forward.
So I believe we really should get together as a Board, examine
where we are with Conservation Collier and make sure that when we
acquire these properties we have the funding to take care of them,
because that's where the real money is. And that's -- you know, it's
been brought to my attention that our ordinances for accepting
properties, for example, with Conservation Collier don't provide for
private entities that give us those properties to take care of. They're not
providing the full amount of funding that we need for their care and
feeding and that we're not up to speed, we're not consistent with South
Florida Water Management, for example. I think we need to fix that
immediately.
Because if the Water Management District is requiring one
amount of money to be transferred with the property and we're a lesser
amount of money, I think we're accepting some of these properties at
our own peril.
So I believe we need to look at this and that's why I'm --
COMMISSIONER FIALA: I have always second question also.
And I see it on the map, and it looks like it's right there within
Rookery Bay. Who owns all the property around it? Is that all
Rookery Bay property?
CHAIRMAN NANCE: Well the blue is Conservation Collier,
ma'am, and the green is Rookery Bay.
COMMISSIONER FIALA: The blue is Conservation Collier.
So we're already in there caring for that property, right?
CHAIRMAN NANCE: Yes, we are.
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May 26, 2015
COMMISSIONER FIALA: And this is adjacent to that.
CHAIRMAN NANCE: Yes. It's also adjacent to other
properties.
COMMISSIONER FIALA: I don't agree with you on that, but
that's my opinion. I just feel that we have -- some of these chances are
once in -- you know, are an opportunity for us to make sure that we
have the land set aside so nobody else can take it or mar the efforts that
we've been putting forth to put properties in preservation forever. And
I totally believe in that. So I have to say that I do not agree.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Well, I can count, and if we take a
vote and it fails, it fails, and I don't want that to happen, because it will
be divided two-by-two.
So I wonder if the motion maker and the seconder -- and you've
been here much longer and I think you have extremely important
points here, absolutely. I mean, what are we doing? You know, it's
nice to gather land but what are we doing going in the future?
But I agree with Commissioner Fiala's reasoning based on what's
around it.
So would you consider that we allow this to go forward now and
then there's a moratorium, there's no more of these good deal purchases
until we look and really determine going forward if we can even afford
to go into the Conservation Collier monies anymore.
CHAIRMAN NANCE: Well, that's my point ma'am. My point
-- you know, last time -- we've had three or four of these come forward
after we agreed we weren't going to acquire anymore property. And
the last was the more compelling, because --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: -- it was a piece of property attached to
the Gordon River Greenway that had a clear public benefit. And I
supported that.
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May 26, 2015
But this is just another one of those -- we are going to have
opportunities to do this all the time. This piece of property right here is
not threatened by development. You can see where it is. It's
completely surrounded by conservation lands. I don't even think
there's access to it. So I don't think we should continue to purchase
lands unless there is some super compelling reason until we get our
thinking together on it. Because what's happening is I fear we're just
going more and more and more into debt when perhaps it's not
appropriate.
Perhaps, like I say, all these properties, including this blue
property that is currently owned by Conservation Collier should be
conveyed to Rookery Bay. Why do we want to have a standalone
preservation over there? It should be conveyed to that national
property, in my view. I don't know why we would want to
independently manage it. I just -- and that's the reason I pulled it.
So I'm in favor of just stopping -- I don't think anything's going to
happen to this property. I think we're going to have an opportunity to
do this and many, many more. But I don't think we're organized
effectively to go forward, and I think we're putting all our efforts at
jeopardy by continuing to build expense without a business plan.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, just a question. Really this is
for you, Alex.
So how much does it cost us to maintain and manage the
properties all around it and then keep that out of our way? Does it cost
us money to have to go around that property? It seems like if we're
managing, it's much easier to just continue to manage the whole thing.
MS. SULECKI: Good morning. And for the record, Alex
Sulecki, Coordinator of the Conservation Collier program.
And yes, Commissioner, normally when you buy a little piece of
property, one of the benefits is that you can manage through it and not
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May 26, 2015
around it.
In this particular piece it's mangrove swamp and we are not doing
a lot of management around it because it doesn't really need
management at this point, the mangrove swamp portions.
But there is one item of additional information that I just received
and I'd like to share with you, and it has to do with Rookery Bay, and
you've been talking about them acquiring it.
I spoke with the stewardship coordinator and preserve manager at
Rookery Bay this morning, and I had recalled that they had talked
about some water management projects that they were developing.
(At which time, Commissioner Hiller returns to the boardroom.)
MS. SULECKI: And he said yes, indeed they are working with
the CERP project up in Picayune Strand. And when the pumps and the
canals, everything becomes fully functional, water will be coming
down across and under 41 around here and moving through this area,
and that the road 92 here and then 951 to Marco Island and 41 had sort
of boxed this area in and created in their model, which has been
accepted by the Big Cypress Basin, a water starved area.
And so his message to me was that it was important to acquire
this area, not to have inholdings.
I did ask him if the State would be prepared to acquire it. And he
said at this time it is not within their acquisition boundary and they
would not be prepared to acquire it.
So I just thought I would lay that on the table.
CHAIRMAN NANCE: Okay. All right, I guess we're -- any
further comments?
(No response.)
CHAIRMAN NANCE: There's a motion and a second to deny.
COMMISSIONER HENNING: Public speakers.
CHAIRMAN NANCE: Public speakers?
MR. MILLER: Mr. Chairman, we have one speaker on this item,
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May 26, 2015
Nicole Johnson.
MS. JOHNSON: Good morning, again. Nicole Johnson, here on
behalf of The Conservancy of Southwest Florida.
And we very much appreciate the concern about management of
these parcels in the future and we support having a workshop to really
take a look and delve into how this program and the management
component can be something that is going to function properly in
perpetuity.
As far as this parcel, though, we would ask that you consider
moving forward with acquisition. It meets the intent of what could be
considered a good deal. It's been offered for somewhere around half of
the appraised value. So it is offered at a significant reduction. And it's
within the McElvain Marsh, which isn't a dedicated Conservation
Collier acquisition area, but the county has been acquiring several
hundred acres over the past several years within this area. So it's
adjacent to, connected to already owned public Conservation Collier
lands.
And as Ms. Sulecki indicated, this is really a healthy system. So
we're not talking about a lot of management expense. These are
healthy mangroves. Ecologically they're very, very important, very,
very viable. And we see this addition of just a little over two acres as
really being an important addition. And certainly appreciate that
Amendment One funding is out there and that the State certainly does
have an obligation to move forward with acquisitions for parcels that
they find important.
But let's face it, the State is a big lumbering bureaucratic machine.
And Collier County can move more quickly and efficiently in buying
some of these parcels. I think there's a good opportunity to work with
Rookery Bay in the future, to donate the land and get it off the county's
books and into State ownership. But the county in this case is much
more nimble and able to move forward on these things that the State
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May 26, 2015
just has a hard time moving on.
So we ask that you consider acquisition and we very much
support in that coming workshop to really discuss how we have the
management funds into the future. Thank you.
MR. MILLER: That is all, sir.
CHAIRMAN NANCE: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I really appreciate you telling
us that there's hardly any management dollars that we're talking about
here because it manages itself. And I think being that that has been the
key point to deny, and it seems like it's kind of fallen through the
cracks, and I didn't even realize when I asked the question that that was
the answer, so I thank you for that.
CHAIRMAN NANCE: All right. Any further comment by
board members?
(No response.)
CHAIRMAN NANCE: There's a motion and second to deny.
All those in favor, signify by saying aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
CHAIRMAN NANCE: All those opposed?
(No response.)
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER HILLER: Since the motion failed, I'd like to
make another motion that we approve.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: Okay, there's a motion to approve and a
second. Any further comment?
(No response.)
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May 26, 2015
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
Okay, it's approved to -- call those against?
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
It's approved 3-2 with Commissioners Henning and Nance in
opposition.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that takes you to --
MS. SULECKI: Thank you, Commissioners.
MR. OCHS: -- Item 7, public comments on general topics not on
the current or future agenda.
MR. MILLER: Mr. Chairman, Mr. County Manager, we have no
registered public speakers for public comment at this time.
COMMISSIONER HENNING: What?
COMMISSIONER FIALA: Doesn't somebody want to come up
and talk? Sorry about that. Humor.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
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May 26, 2015
MR. OCHS: Well, Mr. Chairman, that would take you to Item
15, which is Staff and Commission General Communications.
Commissioners, just a reminder that on June the 2nd, next week,
you have a workshop to go over the basic outline of the Fire Service
Proposals that we spoke about and the Board had commissioned a
solicitation earlier in the year.
Our intent is to take you through those proposals for
informational purposes, answer your questions as best we can, and
then schedule that for formal Board consideration before you take your
leave this summer.
And you see October 6th is your water resources workshop. And
November 3rd, we will talk about median landscape options.
CHAIRMAN NANCE: All right, thank you, sir.
Mr. Casalanguida, any comments, sir?
MR. CASALANGUIDA: No, sir.
MR. OCHS: Mr. Chairman, I have just one more quick item, if I
may.
CHAIRMAN NANCE: Yes, sir.
MR. OCHS: Several months ago Commissioner Henning and I
were invited when Commissioner Henning was the Chair of the
commission by Commissioner Kiker and my counterpart, Roger
Desjarlais from Lee County to participate in an informational meeting
and gathering of the six-county, including Sarasota, county
administrators and the chair of their boards.
We attended that meeting. There's been a couple of meetings
subsequent to that. Good information exchanged on topics like water
resource management, water quality, regional tourism, and sports
marketing, regional economic development.
If there's any recommended action coming out of those, each of
us would bring those actions back to this Board with an explanation
and a formal vote. But I just wanted to make sure that the Board was
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May 26, 2015
informed about that, and if there were any questions from your
counterparts, you knew a little bit more about the background on that.
That's all I had, Mr. Chair.
CHAIRMAN NANCE: All right, Mr. Klatzkow?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN NANCE: Ms. Kinzel?
MS. KINZEL: No, thank you.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: You jogged my memory, Mr.
Ochs. It's getting a little poor these days, about regionalism and how
important it is. And the Southwest Florida Regional Planning Council
in -- our Southwest Florida Regional Planning Council is struggling
with the reality that money is going to be cut and they're not looking
forward to the next session at all, because they feel that their budget
will be sorely lacking and that they need to either redefine themselves
or pretty much go out of business. And the appeal for funding will
have to go to local governments, as well as some state. But it's really
changing the whole paradigm of what they're about.
So in that light, it was suggested that -- they have a very short
video which is their annual report, which is very, very well done. And
I'm wondering if this Board would agree to --
COMMISSIONER HILLER: We've already done it.
COMMISSIONER TAYLOR: -- see it and not -- no one's going
to be handing out a hat for money, but it's more of an educational
situation.
So I don't know if that's something that, Mr. Chairman, and you
can help me with this, because you've been on this much longer than I
have.
CHAIRMAN NANCE: My personal opinion is that the Regional
Planning Council is in the process of reinventing itself. And it's been
-- there have been mixed signals from the Governor's office and from
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May 26, 2015
many leaders across the state about what the planning councils have
been and what they can be.
I think regionalism is much more important to us than we had
imagined, you know, in years past. I support it. And, you know, I
think we need to take a hard look at it. But, you know, we've been
committed to it. I found some great utility in some of the meetings and
then I -- you know, I found some of the activities to be divisive. So I
think we're kind of seeking our way and that we will be.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, that presentation has already
been made and the Board is informed. When I was the representative I
invited the executive director to come down and do a full presentation.
And you're welcome to review that, because it's saved on our website.
It's an archived presentation and archived as part of our public
meeting, so I don't see the need to do that again.
CHAIRMAN NANCE: Perhaps we should ask Ms. Wurstley to
forward the latest program, Commissioner Taylor, to everyone for their
review. I think it is insightful and I think it's a little different, a little
newer information.
COMMISSIONER TAYLOR: Yes, it's the annual report for
2014.
CHAIRMAN NANCE: So I will independently from you ask her
to forward that to all the Commissioners for their review.
COMMISSIONER TAYLOR: All right, good.
And then on another note, it's my understanding that the Clam
Bay Advisory Board is an advisory board; is that correct? It's an
advisory board, right? And I'm just questioning the Clam Pass -- the
folks up there, I'm questioning why they're not making reports to us.
Because I don't think they've been televised yet. There was going to be
some kind of movement to have them be televised and I thought they
thought that it would be much better to do it in Pelican Bay rather than
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move that whole committee somewhere else.
COMMISSIONER HILLER: Are we talking about Clam Bay
Advisory Board?
MR. OCHS: We're talking about --
COMMISSIONER TAYLOR: Yes.
MR. OCHS: -- Pelican Bay Services Division.
COMMISSIONER HILLER: Pelican Bay Services Division?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER HILLER: There's no Clam Bay Advisory
Board.
COMMISSIONER TAYLOR: Well --
COMMISSIONER HILLER: It's Pelican Bay Services Division.
COMMISSIONER TAYLOR: I'm sorry, I misspoke then. But
I'm assuming that they are an advisory board to us; is that correct?
MR. OCHS: Yes, they your -- they are an advisory board to the
Commission, yes.
COMMISSIONER TAYLOR: Okay. I wondered if they could
just bring us up to date, even quarterly, about what's going on and give
us some kind of update? That would be wonderful.
I would expect at least to have monthly reports written if they
aren't being televised. You know, just summaries. It doesn't have to be
a lot.
But it's my understanding from a brief conversation between
meetings that the actual dredging has been changed significantly. And
I think we need to understand that. Of the Clam Pass.
And that's all I've got, thank you.
COMMISSIONER HILLER: Can I speak to that?
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, the PBSD is the MSTU
advisory board, correct?
MR. OCHS: Yes.
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May 26, 2015
COMMISSIONER HILLER: And don't they -- do they have
minutes for their meetings?
MR. OCHS: Yes.
COMMISSIONER HILLER: And are those minutes published
on the Clerk's website, like all the minutes for every MSTU advisory
board?
MR. OCHS: That is my understanding.
COMMISSIONER HILLER: And are we treating the MSTU
advisory board for the Pelican Bay Services Division the same way
we're treating every other MSTU in the county, or are we requiring
more of them than others?
MR. OCHS: I would say generally yes, Commissioners, you
remember that this advisory board is a little bit unique. You have a
separate Memorandum of Understanding with them about roles and
responsibilities. They have taken on I'd say a little bit more
responsibility than some of your smaller traditional MSTUs.
COMMISSIONER HILLER: So they're doing more than other
MSTUs?
MR. OCHS: Yes, and you have a more formalized scope of
services, if you will, for lack of a better term, with them through a
formal board adopted ordinance and board adopted Memorandum of
Understanding between both them and the Board and their
administration and my office.
COMMISSIONER HILLER: Uh-huh. And the staff member
that oversees the services provided reports to you, correct?
MR. OCHS: Yes, ma'am.
And Commissioner, I won't wait even 'til the next meeting. I will
find out right away --
COMMISSIONER TAYLOR: Thank you.
MR. OCHS: -- what I can about any changes that you raised and
make sure that all the Board --
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May 26, 2015
COMMISSIONER HILLER: Yeah, and we should all be
informed about what's going on --
MR. OCHS: Certainly.
COMMISSIONER HILLER: -- with respect to the dredging, but
that's a separate issue.
I mean, my concern is there are minutes, they are published
on-line, available with the click of a button. I think all these MSTUs
need to be treated the same way. I really have a problem if we're going
to start cherrypicking how we're going to treat our advisory boards,
that we're going to require meetings -- if we're going to require that the
meetings be on tape, which I don't have a problem with, I want that of
all of our advisory boards. Because they are here to advise us. I mean,
we either need to do it for everybody or we're not going to do it. But I
have a problem if we're going to single out one advisory board over
another because Commissioner Taylor doesn't like them versus another
group that she may like and doesn't want on tape.
Now, I don't have a problem with everything being taped. I think,
you know, a video is wonderful. And I think people should see how
these meetings are conducted. But if we're going to do this, I want it
for everybody.
COMMISSIONER TAYLOR: The request came from -- matter
of fact, came from one of the Pelican Bay Services Advisory Board
members and one of the City Council feeling that because there's been
so much misunderstanding and so much water under the bridge that
has cast such a negative pall over everything --
COMMISSIONER HENNING: What bridge?
COMMISSIONER TAYLOR: -- that it would be very -- I know,
what bridge? Don't bring that up.
What the suggestion was is that is that it would go a long way to
quelling fears and maybe irrational opinions on what is really going on
out there to have it all televised.
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May 26, 2015
And matter of fact, I did speak to their executive director who
was looking into that, so this wasn't something that I requested, it was
something that actually was discussed in November.
COMMISSIONER HILLER: And again, I don't have a problem
with that. But if we have issues, and members of community or board
members would like that done, I want to see it done for all of these
groups.
We had an issue with, you know, a CRA meeting. I mean, the
CRA meetings should all be put on tape. I mean, everybody should
see what the discussions are there. We've had issues, you know, with
the Bayshore CRA, with the Immokalee CRA and their advisory board
meetings.
I mean, if we're going to do this, we need to do it for everybody.
We're going to need to make this a requirement for everyone. And
again, I have no problem with everything being taped. I like it. I think
it's good. But if we're going to do it, we've got to do it for everyone.
And not because, you know, two people want it for one group.
COMMISSIONER TAYLOR: Well, again, no one's requiring it.
It was a request and it was well received.
COMMISSIONER HILLER: And what I'm saying is if we're
going to do it, we need to do it for all.
CHAIRMAN NANCE: Okay.
COMMISSIONER TAYLOR: And there was one other thing
which I can't remember right now. Oh, I know. Your workshop, Mr. --
Commissioner Nance.
CHAIRMAN NANCE: Which workshop, ma'am?
COMMISSIONER TAYLOR: Well, the conservation, the idea
of what is it going to cost to maintain the lands going forward. Can we
have some kind of meeting to make a decision and have it stick?
CHAIRMAN NANCE: Ma'am, I was hopeful. You know, I was
hopeful that we made a decision in the past, but the decision has kind
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May 26, 2015
of been rethought by -- you know, I fully support doing that, because I
want to see -- the program has got so many good elements, but I think
that it is drifting. I don't think that we are on our -- but we're well
focused and I think we have tremendous financial exposure. I think we
need to be coordinated with the state, coordinated with the feds. We
need to be spending money on things that have a clear public interest
in Collier County.
Because as you can see, it's a big place. And I'm sure that there
are a lot of people that would like to give us lands that have very
minimal value except for environmental purposes and have us assume
the cost for its care and feeding forever. I think that is somewhat
perilous.
And I don't how to exactly do that. I thought we did that, but we
haven't. So, you know, depending on the will of the board, I'm in favor
of buttoning this down a little bit, because I think we're drifting.
COMMISSIONER TAYLOR: I'll leave it to the Board. And
that's all I've got.
CHAIRMAN NANCE: Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you. I hope I remember
correctly, but I think it's this Thursday that the staff over at the Eagle
Lakes Community Park is holding a potluck for the community at
large. Anybody who wants to come over, they want to show off their
community center and they also want to get inside as to what things
might be offered, what things they wanted from the community. And
all of you Commissioners are invited to come to the potluck too. You
can bring cookies or something.
COMMISSIONER HENNING: What day?
COMMISSIONER FIALA: Thursday, at 11 :30, I believe.
COMMISSIONER TAYLOR: Oh, in the middle of the day.
COMMISSIONER FIALA: Yeah.
COMMISSIONER HILLER: Can you have your staff send an
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email as a one-way communication with all the details --
COMMISSIONER FIALA: Sure.
COMMISSIONER HILLER: -- so we can know exactly --
COMMISSIONER FIALA: Sure.
COMMISSIONER HENNING: And you want cookies?
COMMISSIONER FIALA: Yeah.
COMMISSIONER TAYLOR: Chocolates.
COMMISSIONER FIALA: Well, a potluck, you know, you've
got to bring something. Cookies would be good.
COMMISSIONER HENNING: I'll bring my pot.
COMMISSIONER TAYLOR: And just as an aside, that ribbon
cutting was absolutely one of the most moving --
COMMISSIONER FIALA: Wasn't it?
COMMISSIONER TAYLOR: -- ribbon cuttings. It just -- those
children. And you were wonderful. I mean --
COMMISSIONER FIALA: Thanks.
COMMISSIONER TAYLOR: -- Commissioner Fiala, you knew
everybody by name. And you kept, oh, you're here, oh, oh. And it
was just -- it was really so fitting. It was wonderful. Wonderful.
COMMISSIONER FIALA: Thank you so much. I really
appreciate it all. Staff did -- I was afraid nobody would show up.
COMMISSIONER TAYLOR: It was standing room only.
CHAIRMAN NANCE: I'm going to jump over myself to
Commissioner Hiller.
COMMISSIONER HILLER: Really?
CHAIRMAN NANCE: Yes, ma'am. I'm going to speak last.
COMMISSIONER HILLER: All right. Well, let me just begin
by saying that, you know, Commissioner Henning and Commissioner
Nance, you're right about being concerned about the cost of
maintenance with respect to these preserved lands. And we did have a
workshop and we did look at the cost issue, and we did all agree as a
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board that we weren't going to acquire additional lands if there was an
impact on the cost.
I voted the way I did today because staff said that there was not
going to be a cost impact. But I think you're absolutely right, okay.
And I do think both of you are absolutely right. And I do think we
need to revisit this. And we need to revisit this annually. And I think
what we should do is have it on the agenda at the same time every
single year at a minimum to revisit where we are with respect to
managing the maintenance cost of these preserved lands. Preservation
is important, but there is a cost associated with it. And if, you know,
we don't have the money to do it the way it's supposed to be legally
done, then that's an issue that we need to consider.
The second -- so thank you for bringing that up. And I think
you're absolutely on point.
The second issue is I've noticed that, you know, because of all this
discussion about the timing of public speaking and in an abundance of
effort on the part of staff to let everybody know when public speaking
is made available at these meetings to the public, I've seen all these
paper memos with Scotch tape next to our elevators. And I will tell
you, it's driving me nuts. I mean, it's really freaking me out to see that.
And I think what we need to do is invest in an electronic marquee
beside the elevators on the floors, you know, that the public frequents
when they attend these meetings, like the ground floor and the third
floor. And those electronic marquees will allow staff to put all sorts of
information up there and change that information without, you know,
printing out a piece of paper and using Scotch tape. Because I think it
looks very unprofessional. And it's not a big cost and it's something
that will be a good tool to share messages with the public. So that's a
suggestion.
CHAIRMAN NANCE: Be like a little mini variable message
sign?
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COMMISSIONER HILLER: Yeah, they're like little -- you
know, they're like a board like this, it's electronic. And then, you
know, they'll -- you know, like Mary-Jo will type in public speaking at
1 :00. We're not having a public --
CHAIRMAN NANCE: Can the sheriff get one of those trailers
up into the hall here, Mr. Ochs?
COMMISSIONER HILLER: Stop. He's making fun of me. All
right. I really -- I just think it would be -- because we need to -- we
want to maintain our level of professionalism in how we do stuff, and
we want the information to be, you know, highly visible and very clear
and changeable as things change. Like Scotch tape and paper doesn't I
think represent the way we do business.
I want to address a point that Commissioner Taylor brought up at
the previous meeting and then I want to go back to a last point.
And the point she made was she got upset with Commissioner
Nance over a letter that he sent on behalf of the board saying thank you
to Senator Richter for working so hard to advance legislation that we
as a board had set as our legislative -- as part of our legislative priority.
And, you know, the point that I want to address is not specifically
that letter, but the fact that there is absolutely no question that we act as
a Board. And we cannot be in a situation where Board members are
acting independent of the Board with information that's attributable to
the Board as a whole.
And my concern is what happened at that meeting with respect to
what Commissioner Taylor said at the end of the meeting. And she
said, you know, I've been told by the Clerk that like 1,700 letters are
going to go out to our vendors and those vendors are going to be told
that they're not going to get paid. And she had a concern about that.
Well, the problem I have is that the Clerk works for the Board as
a whole. The Clerk does not work for Commissioner Taylor, the Clerk
does not work for Commissioner Henning or Commissioner Nance or
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Commissioner Fiala or me. He works for the Board. And therefore
any information he has must come to the Board as a whole. He can't
cherrypick. And we have an agreement with him on services he's
supposed to be providing for us. If he has information, all information
he has must come to us collectively. He can't sit there and go okay, I'm
going to tell Commissioner Taylor so she can, you know, be
influenced one way or another to act in a certain way when she comes
to a Board meeting, or to any of the other Commissioners, myself
included.
And this goes to the point she made that we act as a Board and we
cannot be acting unilaterally when we're dealing with Board issues.
And so I think it's extremely important, given this litigation with
this Clerk and these letters that have gone out and all that's going on
that all communications that the Clerk would like to direct must be
directed to the Board as a whole, because he works for the Board. He
does not work for individual commissioners. And whatever
information he attributes to a commissioner is attributable to all of us
and we need to know because we need to be informed. Especially
when it comes to financial matters, which are of great important to us
since, you know, we are making all these financial decisions with, you
know, the public's money for the public's benefit.
So I'm not sure how we go about doing this, if, you know, the
Chair needs to write a letter to the Clerk and say, you know,
communications need to be to the Board as a whole, or how we do it.
Because, I mean, again, the contract is with the Board, not with
individual commissioners. And we all have to have the same
information so we can make decisions from the same playing field or
whatever you want to call it.
COMMISSIONER FIALA: Have you seen that letter that was
supposed to be -- I haven't seen it.
COMMISSIONER HILLER: Can we see that letter? Can you
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put it up on the overhead for us so we can see exactly what was sent?
CHAIRMAN NANCE: Which letter are we talking about?
COMMISSIONER HILLER: The --
COMMISSIONER HENNING: The one that's in your in-box.
COMMISSIONER HILLER: Can you please put it up on the
overhead?
MR. OCHS: We're trying to retrieve it now, ma'am,
electronically. I don't have it here in front of me.
COMMISSIONER HILLER: Well, can you get it, please? It's
very important.
CHAIRMAN NANCE: Okay, would you like to comment --
COMMISSIONER HILLER: I'm not done.
CHAIRMAN NANCE: You're not done, okay.
COMMISSIONER HILLER: While they're pulling that up, I
want to continue with a few other issues here.
The discussion we had this morning -- first of all, I want to thank
the Board for, you know, willingly putting this issue of, you know,
these meetings held by private entities in public places on the agenda.
And I thank you for doing it, because it was short notice and I just
found out about it and I didn't have an executive summary so it was all
very kind of you to do that.
I continue to have a very serious concern about what happened
with the Board's decision this morning, what this means going forward
to the public, and how this relates to the meeting on Friday.
Again, properly stated this morning, these are public facilities.
And if we are going to make these public facilities available for
meetings of public groups, regardless of who they are, as I think we
should, then we need to have a policy that is consistent for all public
groups, regardless of what their political affiliation is, regardless of
what their agenda is.
Right now we have groups that we are requiring that they enter
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into a rental agreement and pay rent to have a meeting on public
property. And we have a group coming in on Friday that wants to use
this room to host what they're claiming is a public meeting but I will
tell you it's by invitation and RSVP -- although they might be changing
that in light of our discussion this morning -- to have a meeting in this
room. And they are not entering into a rental agreement with us, and
they are not having to pay rent like other groups are.
Now, they're not the only ones who have been treated that way.
The CCREC is being treated like that too. And I see that as a problem
as well. And other groups like Commissioner Fiala mentioned, the
League of Women Voters. We cannot sit here and allow certain
groups the right to use public facilities, and there is a cost to that, at no
cost -- in other words, being subsidized by the tax dollar -- and other
groups are paying rents for events.
So I really would ask that this be revisited as a policy, because I
don't see how we can fairly do this. I don't see how we can legally do
this. Maybe you can legally do this, but I just don't understand how.
And I really think it is completely unfair.
This group could, if they wanted to have this videotaped, and
they're claiming they want a videotape, which is a public cost, are not
paying for it. They should have a rental agreement, they should pay
for rent, they should, you know, use whichever facilities, you know,
the County Manager wants to make available.
I don't have an issue specifically with this room or other rooms.
We just did not have a policy for this room. And all other public
facilities that we are allowing groups to use are entering into rental
agreements and are paying rent. I don't feel that this should be a
discretionary decision, I think it should be purely ministerial. I think
there should be a policy and everybody needs to be treated the same
way with respect to whatever spaces will be made available for those
kind of meetings. And, you know, you can address that beyond.
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Let's go back to the letter.
MR. MILLER: I've lost it. Give me a minute.
CHAIRMAN NANCE: It was there and then it was gone.
COMMISSIONER FIALA: I didn't see it at all.
CHAIRMAN NANCE: There it is.
COMMISSIONER HILLER: Okay, let's see what it says.
COMMISSIONER FIALA: Is that formerly Camp Dresser
McKee?
COMMISSIONER HILLER: Okay, the letter was written May
the 5th, 2015. This is a sample. It was -- this particular example is to a
vendor which is CDM Smith, Inc., formerly Camp Dresser McKee.
It says, "Dear Vendor: Pursuant to Florida Statute 125.01(3)(A),
it is the responsibility of the Board of County Commissioners (Board)
to approve contracts for the benefit of Collier County. Florida Statute
125.74(1)(M) states that the County Administrator (County Manager)
is limited to negotiating leases, contracts and other agreements,
"subject to the approval of the Board," in compliance with Florida law.
The Clerk is unable to make payments to persons under
agreements entered into by the County Manager or his staff without the
approval of the Board.
We apologize for any inconvenience to you or your company.
The Board, however, has the ability to ratify and approve agreements
signed by staff without the prior approval of the Board, provided
certain requirements are met. Please contact the Board of County
Commissioners' agency if you're concerned your contract was not
approved by the Board at a public meeting in order to have your
contract brought before the Board.
Please be aware that under Florida law anyone who contracts
under a governmental body is charged with knowing the limitations of
that governmental body's contracting authority. Respectfully, Crystal
Kinzel."
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May 26, 2015
What's her title on this letter? Director of Finance Accounting,
Collier Clerk of Court. Then it says, "Please see attached Florida
Attorney General Opinion 88-61 which gives us official direction
regarding this matter."
So Commissioner Taylor was apprised that these letters were
going to go out ahead of the Board being aware of this. And the Clerk
did not tell the Board of County Commissioners that he was planning
on sending this letter out, notwithstanding the fact that he has a
contract with the Board and he works for the Board with respect to
making payments and other financial services.
So again, the issue is by way of example to the point that
Commissioner Taylor made, and that is, you know, we act as a Board,
and as a Board the Clerk has to conduct himself accordingly. Again,
he doesn't work for Commissioner Taylor and he doesn't work for
Commissioner Fiala or Commissioner Nance or me or Commissioner
Henning, he works for the Board. And so any information that he
wants to impart needs to be addressed to the Board publicly at a public
meeting. That's why Crystal Kinzel sits here. She sits here because
she is supposed to provide information to us, and she's not. And I have
a problem with that. I have a problem with one Board member being
given information by someone who works for this Board and the rest
of the Board not getting it, not getting this information.
COMMISSIONER TAYLOR: May I speak?
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Thank you.
The information was communicated to me in a meeting that I
have on a biweekly basis before the meeting. I don't know if you meet
with the Clerk, Commissioner Hiller, but that's how it came out. And
it came out as an aside. I did not see a letter. In fact, I never saw the
letter until I heard there was a letter. And I heard the letter from Mr.
Ochs office, not from Ms. Kinzel. So --
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May 26, 2015
COMMISSIONER HILLER: That's fine. And that's not the
issue. The issue is, is that any information which should be made
available -- the Clerk, if he sits down with you and wants to brief you
on agenda items, the same information, if he has an opinion that an
agenda item is improper, he should be telling the whole Board at a
public meeting. He works for us, okay, and that's what should be
happening.
I think it's great that you meet with him and meet with anybody
else, you know, to give you information so you can draw your own
conclusions. And I hope that's what you're doing and not being a
mouthpiece for anyone.
So to that extent, again the issue is if he has information it needs
to be provided to the Board. And he should stand here or have Ms.
Kinzel, if it's his desire to have her or anybody else, tell the Board.
That's the issue. Not a problem. You can meet with anyone you want.
But that information, he works for the Board.
COMMISSIONER TAYLOR: Everybody has that opportunity to
meet with the Clerk.
COMMISSIONER HILLER: No, this is information that is to be
imparted to the Board as a whole, not in closed door meetings. I don't
know what he says to you that he may not say to me. Or he may say
something to me that is different from what he says to you. In order
for us to deal as a Board, and he works for us, we have to be given the
same information at the same time.
COMMISSIONER TAYLOR: I think that's why it's very helpful
to have regular meetings.
COMMISSIONER HILLER: And the meetings should be public
meetings where we are given the same information at the same time in
the public forum, not behind closed doors, and not different people
getting different information.
Like Commissioner Henning, when there was an issue with -- is it
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May 26, 2015
BQ Concrete? Is that the name of the company? I mean, he brought
up something that I had --
COMMISSIONER HENNING: What was it?
COMMISSIONER HILLER: I'll tell you. He brought up -- he
said, "Well, isn't there a problem with the fact that BQ is using
subcontractors, and more subcontractors than they're allowed to by
way of their contract on a percentage basis? Isn't that one of the
issues?" And he was sitting here referring to documents which were
clearly, you know --
COMMISSIONER HENNING: That's a lie.
COMMISSIONER HILLER: No, it's absolutely the truth.
-- provided by the Clerk, annotated in Crystal's handwriting. I
was like sitting here, you had it all spread out.
And so -- and that's not a problem. But the problem is, we should
all have that same information. I don't have a problem with
Commissioner Henning getting that information from the Clerk. That's
good. But I should also have it. And these other commissioners
should also have it. And that's my point.
There is nothing wrong with the Clerk having given you that
information. There's nothing wrong with you bringing it up, and I'm
glad you did, because that's an important point. And if this vender is
doing something wrong like that, our staff should investigate it and
you're absolutely to be commended that you brought it out in a public
meeting.
The problem is, is if the Clerk had that information, that should
have been brought forward, and it should have been brought forward
publicly. And whatever information you're getting from him, I should
be getting, and Commissioner Nance should be getting and
Commissioner Fiala and Commissioner Taylor. Not based on these
closed door meetings. We should all get the same information at the
same time. He works for us and we have a contract with him. And
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this is all about matters under that contract. And it should be in the
public forum.
CHAIRMAN NANCE: Commissioner Henning, your light's
been on for a while. Would you like to make comments on what's
previously been said?
COMMISSIONER HENNING: I want to make sure that
Commissioner Hiller is complete.
CHAIRMAN NANCE: With her comments?
COMMISSIONER HENNING: Yeah.
COMMISSIONER HILLER: Well, Commissioner Nance, you
know, you're the Chair. What --
CHAIRMAN NANCE: Are you finished, ma'am?
COMMISSIONER HILLER: -- do you think -- I want to ask you
what you think we should do about it. Because this is like an
administrative issue with respect to the management of information to
the Board in a meeting.
CHAIRMAN NANCE: I think we should have better
communication with the Clerk, clearly. And I believe that some of the
things that have occurred, I think things are getting kind of out of hand,
that we need to come to grips with this issue, this is clearly a sticking
point that it's hurting our vendors, it's hurting the way the public
perceives local government, and I really want to have a better
relationship with the Clerk.
So clear, evenhanded information. I agree with your point, I
believe we need to get the information. Whatever the Clerk is doing,
he's got the decision-making ability to engage in audits and so on and
so forth. And if he discovers information that he wants to release, I
think it's not an unfair request at all that commissioners receive that
information in a timely fashion so that at least we're aware, all of us are
aware, of what's taking place and some of us are not better informed
than others. So your point I agree.
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And I believe Ms. Kinzel, you know, can do that, and we should
encourage, you know, her to do that and bring the messages that the
Clerk wants to give to the Board. And of course she meets with me on
a regular basis and I guess she meets with other commissioners on a
regular basis, although I don't know that. But, you know, certainly the
Clerk wants to communicate with us and we need to improve what's
taking place.
COMMISSIONER HILLER: So, I mean, should we -- should I
bring this as a matter for discussion at the next Board meeting that the
Clerk needs to openly communicate with us and give us all the same
information? Or how should --
CHAIRMAN NANCE: I think it's been communicated. Perhaps
Ms. Kinzel can get back to us and --
COMMISSIONER HILLER: Because this matter is not an audit
matter. This is a matter where he decided he was going to
communicate with our vendors. And he should have communicated
with us and told us his -- you know, because he works for us.
CHAIRMAN NANCE: Well, it impacts what we do.
COMMISSIONER HILLER: Absolutely.
CHAIRMAN NANCE: And we should be informed.
COMMISSIONER FIALA: Costs us much more money.
COMMISSIONER HILLER: Absolutely. You know what this
means? This means with the difficulties that have been created by the
Clerk, the long-term financial impact to the county is going to be
astronomical. It's not the cost of litigation. You know, what this
means is that vendors in our community who do business with the
county are going to say wow, it's really difficult to get paid. And
they're going to jack up the cost, and fairly, of every solicitation, every
bid we get by a factor to deal with collection. And absolutely they
should. I mean, and this is going to be a long-term problem. Because
collecting on a county bill is now clearly made far more expensive
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May 26, 2015
than it has to be because of the Clerk's manner of doing business. And
so it's -- I mean, the long-term cost to the taxpayers of the additional
overhead that every bill is going to include to collect, which they
should be able to do because it's a cost of doing business, is going to be
there. And every vendor that does business with the county is going to
do this. I think it's going to be just a horrible impact to the taxpayers
of Collier County.
And again, this letter should have come to the Board and he
should have said, you know, you've hired me to do certain things. You
know, based on this I feel this letter's going to go out and I'm going to
send it out and I wanted to inform you of it.
But to just tell one commissioner in a closed door meeting, and
whether or not you saw the letter -- and Commissioner Taylor, I'm not
finding fault with you. I'm just taking it as an example of what
situation you were placed in. Because you did nothing wrong, nor did
Commissioner Henning by any means. You know, neither
commissioner can be faulted for having received information in a
closed door meeting. But that information is attributable and should be
attributed to the Board as a whole and therefore communicated to the
Board as a whole because we make decisions as a Board.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Is she done?
CHAIRMAN NANCE: I think.
COMMISSIONER HENNING: Commissioner Hiller, thanks for
your comments about my comments and concerns about Conservation
Collier and of course Commissioner Nance.
I do have a solution for that for you. Just follow my lead and
you'll be okay.
Also, I don't know if you actually read the Constitution in the
State of Florida. The Clerk of Court is an independent Constitutional
officer. He gets his powers from the people, all right? And it's
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May 26, 2015
outlined in the Florida Statutes. He doesn't work for the Board of
Commissioners. You said that several times. That is false. He doesn't
work for each individual -- collectively does not work for the Board of
Commissioners. His power comes from the people. I don't know if
you actually read the Florida Statutes that was outlined in the letter,
125.04(3)(A), and more importantly, 125.74(1)(M). But more
importantly, there is a reference to a Florida Attorney General opinion.
How many of you read that?
COMMISSIONER HILLER: Which one?
COMMISSIONER HENNING: I bet none of you have read it.
COMMISSIONER HILLER: The one referenced in the letter?
COMMISSIONER HENNING: Correct.
COMMISSIONER HILLER: I've read it.
COMMISSIONER HENNING: Well, good. Then it shows to
me that this is a personal issue with you and the Clerk of Courts.
Because the AGO is very, very clear.
And what I'm hearing up here today reminds me of the exact
same thing what happened when the majority of the Board of
Commissioners wanted to block an independent Constitutional officer
who was elected by the people from auditing. It's the exact same thing
that went all the way to the Supreme Court. And then you had
commissioners running up to Tallahassee trying to block -- further
block an independent Constitutional officer by having the Florida
legislators create law.
That's exactly what's going to happen. However, I'll be gone
hopefully when that takes place, doing other things besides listening to
the mantra up here of how do we screw the independent Constitutional
Officers.
These people are elected by the people: The Supervisor of
Elections, the Property Appraiser, Tax Collector, Sheriff and the Clerk
of the Courts. We can't interfere with them. They're -- unless they're
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not doing their job, it's none of our business.
So anyways, continue the fight, spend the money, spend the heck
out of the taxpayers money, and who's going to lose in this whole issue
is the taxpayer. Who's going to win? The lawyers.
So, you know, if you're going to make statements about the Clerk
works for the Board, do your research. He doesn't work for the Board,
he works for the people. And it's outlined in the Florida Constitution
and further defined in the Florida Statutes.
COMMISSIONER HILLER: May I respond?
CHAIRMAN NANCE: I'm going to make one comment.
In fact of Commissioner Hiller and Commissioner Henning, I
believe that you're both correct. The Clerk has very clear statutory
authority, and he is an independently elected Constitutional officer and
he has some of his own funding.
But additionally the Clerk also works for the Board of County
Commissioners as is outlined by an interlocal agreement in which the
Clerk agrees to do certain things, together with the Board of County
Commissioners.
And I think that is indeed the most important part here. And I
don't think anybody wants to infringe upon the authority or the
independent statutory delegation of authority that's conveyed to the
Clerk.
But the fact remains is that the bottom line at the end of the day,
the Board of County Commissioners and the Clerk are not working
very well together in the public interest. And I hope we can continue
to work to iron that out. But that's the bottom line. And because there
is disagreement over nuances of who is supposed to do what and how
exactly it's supposed to be conducted, it's very awkward and very
expensive and I hope we can work together to iron that out.
Commissioner Hiller?
COMMISSIONER HILLER: And I agree with you,
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May 26, 2015
Commissioner Nance. I think you're absolutely correct in your
analysis.
And the Board does have a contract with the Clerk. The Board
pays the Clerk $6 million a year for the services that the Clerk's Office
is providing. And as Commissioner Henning properly says, when the
Clerk is not doing his job that is a concern. The information that he's
withholding from the Board as a whole relates to information that
should come to us pursuant to that contract, pursuant to that agreement.
And there is a very serious issue here, because he is not
performing. And it is hurting the taxpayers. And we are as a Board
expending $6 million of taxpayer money to have him perform these
services and they're not happening. I mean, this letter is proof of it.
COMMISSIONER HENNING: And those services are outlined
in the Florida Statutes. And I hope nobody gets removed for
maleficence in this is issue.
COMMISSIONER HILLER: Are you saying that we shouldn't
be paying him? Because, I mean, we don't have to pay him then. I
mean, if it's -- if what he's doing is statutorily outlined and maybe --
COMMISSIONER HENNING: His duties are statutorily
outlined.
COMMISSIONER HILLER: So we don't need a contract and we
don't need to pay him. He should just be doing it, right?
COMMISSIONER HENNING: You're wrong.
COMMISSIONER HILLER: Why am I wrong? Is there a
provision in the statute that says we should be paying him and we need
to have a contract with him for services?
COMMISSIONER HENNING: We need to fund all the
Constitutional officers. Now, it's a choice on how much it is. I
remember Commissioner Halas going after the Sheriff.
COMMISSIONER HILLER: We have to fund -- no, we have to
fund the Sheriff. We're required by law to fund the Sheriff. In fact,
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we're required to fund the Sheriff for as much as he wants, and there's a
statute -- yes, there's a statute on point. What he needs we have to
fund. We can't withhold money from the Sheriff.
But where does it provide in the statute that we have to fund the
Clerk of Courts? The Clerk of Courts is a fee officer, not a budget
officer. And the Clerk of Courts is supposed to be funded by the fees
he generates from --
COMMISSIONER HENNING: And we have an agreement, like
you said, that we're going to fund him for that service instead of him
charging a fee, okay. So that is why --
COMMISSIONER HILLER: I'm not sure he can charge us a fee.
I think he can charge fees according to statute for certain services.
COMMISSIONER HENNING: You should have been here in
2000 when it was -- wait a minute, it was 4-1 trying to block the Clerk
of Court from doing his job, and it's no different.
COMMISSIONER HILLER: No, there's a big difference.
COMMISSIONER HENNING: We have the budget hearing --
COMMISSIONER HILLER: The Clerk was --
COMMISSIONER HENNING: -- coming up. And you can
continue your mantra about trying to stop the Clerk of the Court from
doing his --
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: --job by removing the funding.
COMMISSIONER HILLER: No, the Clerk --
COMMISSIONER HENNING: But, you know, it was clear, it
was pointed out back then that he is a fee officer and he will charge us
fees for doing that job.
COMMISSIONER HILLER: So the Clerk of Courts -- the
litigation that we had before was with respect to the Clerk's right to
independently audit. And there's no question that he does have the
right and did have the right and I supported his position and I
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supported the legal position which was supported by the Courts that
the Clerk had the right to independently audit.
This issue before us, what he's claiming today is a very different
issue. The suit that the County Manager and the purchasing officer of
the county are facing is a very different matter. And the Clerk is
incorrect in terms of his position on that case. And it is hurting the
taxpayers. And it is hurting our vendors.
COMMISSIONER HENNING: Want to put a bet on it? I mean,
I read the Florida Statutes.
COMMISSIONER HILLER: This is not --
COMMISSIONER HENNING: And I read the AGO. I mean, it's
very clear. The Board is supposed to approve contracts. The County
Manager is supposed to negotiate contracts and leases subject to the
Board's approval. So --
COMMISSIONER HILLER: And the Board does.
COMMISSIONER HENNING: -- I'd be happy to put a bet on it.
COMMISSIONER FIALA: May I jump in here just a moment?
CHAIRMAN NANCE: We're going to take a few comments
from Commissioner Fiala because I don't think we're going to solve
this right today.
COMMISSIONER FIALA: No, we're not going anyplace with
that.
I think bring it back down to the subject that we were talking
about and that was the letter that was sent out. And then it was said,
well, you know, all of us should have been notified.
I think go back a little bit further. We've been doing this same
procedure for the last 20 years. And the Clerk felt that he wanted to
maybe adjust the way he interpreted it or whatever because the
interpretation's been the same for the last 20 years.
I think maybe what would be helpful is if he decides on an issue, I
don't care what it is, that even though we've been doing it the same
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way for many, many years, he is going to interpret things either in his
opinion as clearer or more stringent or whatever it is, he should let us
know first that he's going to be doing that so that from this day forward
this is how we're going to do it rather than catch us by surprise. And
maybe that would stop all of this business.
COMMISSIONER HILLER: And he did, Commissioner Fiala.
COMMISSIONER TAYLOR: It's my understanding, one of the
things I did is you had months of meetings where that was discussed --
COMMISSIONER HENNING: Right, it's --
COMMISSIONER TAYLOR: -- months and months and
months. In fact, those minutes I read.
COMMISSIONER FIALA: About sending the letter out --
COMMISSIONER TAYLOR: No, about requiring purchasing to
bring contracts for approval here. I read the minutes. And there were
meeting after meeting after meeting, I think from October to maybe in
April. And the decision was let's go to an AGO.
No one could come to any kind of conclusion about it. It lay
there. And then something triggered this lawsuit.
And I think the County Attorney had a very good solution. A
page and a half of the purchasing -- take a page and a half of that
purchasing. What your purchasing policy is for under 5,000, send it to
the AGO, get an opinion and have it done. The Clerk would have
backed away.
That was not the will of three people on this commission which I
at the time did not vote with you. I think it's a mistake, I think we're
spending taxpayers money recklessly. There was a solution, you turned
your back on it. Right now everybody can be paid if the contract
comes up here. Any contract comes up here it can be paid, as long as
it's approved. Everybody can be paid. Every vendor. Just bring it up
to us, get it before us, get our approval, life goes on, we're open for
business.
Page 90
May 26, 2015
CHAIRMAN NANCE: Okay, I'm going to make my comments
and then I'm going to go to Commissioner Henning, because we're
going to get out of here. We missed 12:00 and I'm very disappointed
about that.
I'm going to talk about two really good things and one grumpy
thing, and then I'm going to go to Commissioner Henning to wrap the
day up.
COMMISSIONER HILLER: Hiller.
COMMISSIONER HENNING: He said Henning.
CHAIRMAN NANCE: I said Henning. Then I'll come back to
Commissioner Hiller.
Two things. This Thursday past we had a wonderful dedication at
the University of Florida, the groundbreaking for the multimillion
dollar expansion out there at the Southwest Florida Research and
Education Center. Senator Richter was there, Representative
Passidomo was there, members of the board of trustees from the
University of Florida were there, a delegation from Collier County was
there, including myself and Mr. Ochs, our economic development
team. Many industry leaders and agribusinesses across the state.
Southwest Florida was there. It was just an absolutely wonderful
event. And we had an opportunity to speak with Vice-President Payne
who came down and all of the major deans from the University of
Florida College of Agricultural. It was absolutely a wonderful,
wonderful event.
Secondly, the Southwest Florida Research and Education Center
is looking to do a watershed study on Lake Trafford. I believe it will
be an opportunity for Conservation Collier, since they are landowners
on a significant part of the edge of Lake Trafford, to participate. I
think there's going to be some information to Ms. Sulecki with
Conservation Collier to ask the county if they would partner a little bit
with University of Florida to allow them to do some data collection on
Page 91
May 26, 2015
our properties, and I think that's a very, very good thing for Lake
Trafford.
Finally, I would like to also address a letter, a letter that was the
subject of a discussion last week. And what I would like to do is I
would like to let everybody in the public know exactly what it says in
the letter and then I would like to make some comments about what
has happened since that time. So I would like to read this letter and
I'm going to put it on the overhead so everybody can see.
It was sent by me on April 15 past to Senator Garrett Richter at
his Senate office in Tallahassee regarding Senate Bill 1468 concerning
regulation of oil and gas resources.
Dear Senator Richter: On behalf of the Collier County Board of
Commissioners I would like to once again express my appreciation for
your leadership in sponsoring legislation that significantly improves
regulation of the state's oil and gas industry.
In our view Senate Bill 1468 provides the regulatory authority
and legal framework necessary to safeguard the health and safety of
our residents and protect the precious natural resources of Collier
County.
As the technology and techniques for oil and gas exploration and
extraction evolve, equipping the Florida Department of Environmental
Protection with robust rule making authority becomes ever more
important.
Again, thank you for sponsoring Senate Bill 1468 and know that
we are in full support of your steadfast efforts.
Sincerely, Tim Nance, Chairman, Board of County
Commissioners.
There was some discussion about the appropriateness of me
sending out the letter, and I will accept that critique in that regard.
What I'm most concerned about is a guest commentary that was
published in the Naples Daily News by Mr. Rob Moher, who's the
Page 92
May 26, 2015
President and CEO of The Conservancy of Southwest Florida, on May
20 past. And what Mr. Moher did is he submitted a guest commentary
in which he outlined his opinion, his opinions on where we are and so
on, so forth. He did the nice job of advocacy that The Conservancy
normally does.
But what he did within that commentary is completely
unacceptable to me and I wanted to make a comment about it today
because I'm not going to let it pass.
Embedded in his commentary he said, I'm going to read what was
published in the paper, this is after The Conservancy had put in a
public information request for this letter and after the Naples Daily
News put in a public information request for that letter. This is how
Mr. Moher described the letter. And the reason I'm mentioning it is I
think it's very demeaning to the members of this Board and it's based
on complete fabrication. It is not true, it is a lie.
What he said was unfor-- after citing what had taken place, he
said: Unfortunately the Commission, with the exception of
Commissioner Penny Taylor, instead decided recently to send the
legislature a letter expressing support for the current bills, stating that
they will not be lobbying for amendments to address deficiencies that
even their own staff characterized as loopholes in the bills.
Now, I do not mind anyone advancing their opinions on topics.
We encourage that. I do not mind anyone critiquing me or saying that
they agree or disagree with my decision making as a commissioner.
Nor do I think any member of this Board does that. But when the
president and CEO of an organization I have worked together with for
many years and has built up a very high standing in this community
goes into Naples Daily News and prints something that they know is
not true and demeans this Board in a way that's completely fabricated,
I'm not going to tolerate it without comment.
Shame on this gentleman for demeaning the Board improperly
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May 26, 2015
and with full fabrication. Shame on him for demeaning The
Conservancy of Southwest Florida. I worked with Andrew
McElwaine for years, and Mr. McElwaine was a powerful advocate for
The Conservancy. I did not always agree with Mr. McElwaine and
Mr. McElwaine did not always agree with me in the statements that I
made before the Board of County Commissioners. But I am unaware
of him ever coming out and publishing something fictitious in the
Naples Daily News.
Shame also to the Naples Daily News for publishing it when they
knew it's not proper.
And that's all I'm going to say. I'm sorry, but this does not
promote factual and science based discussion on a very, very
complicated and difficult topic for the Board to deal with, for our
legislature and our legislative delegation to deal with. It does not
promote good information going out to the public. This was intended
to demean the Board and give the public false information about -- I
think we've worked pretty darn hard to get our heads around the issue
and made a great deal of progress.
I take this very personally and I would like Mr. Moher to retract
this, because this is simply fabricated and it's a lie. And I'm sorry, I'm
very upset about it.
COMMISSIONER HILLER: Thank you for your comments.
Thank you.
CHAIRMAN NANCE: And anybody that wants to see it, you
can put this up on the overhead too.
COMMISSIONER HENNING: Well, it goes to show you that
The Conservancy of Southwest Florida does not want to work with the
county. So I'll take that under consideration when other issues come up
for sure.
With that, I'll make a motion to adjourn.
COMMISSIONER FIALA: Second.
Page 94
May 26, 2015
CHAIRMAN NANCE: Commissioner Hiller, any final
comments, or are you done?
COMMISSIONER HILLER: I'm done.
CHAIRMAN NANCE: We're adjourned, thank you.
*****
**** Commissioner Henning moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RESOLUTION 2015-96: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF
TWINEAGLES GRAND ARBORS (PL20110000733) AND
AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $261,735.96
Item #16A2
RECORDING THE FINAL PLAT OF PARROT CAY,
(APPLICATION NUMBER PL20140002110) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Page 95
May 26, 2015
Item #16A3
RECORDING THE FINAL PLAT OF WARM SPRINGS,
(APPLICATION NUMBER PL20140000667) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A4
RECORDING THE MINOR FINAL PLAT OF OYSTER HARBOR
AT FIDDLER'S CREEK PHASE 1-REPLAT (APPLICATION
NUMBER 20150000589) — LOCATED IN SECTION 13,
TOWNSHIP 51 SOUTH, RANGE 26 EAST
Item #16A5
THE CLERK OF COURTS TO RELEASE PERFORMANCE
BOND NO. SEIFSU0617785 IN THE AMOUNT OF $205,000
WHICH WAS POSTED AS A DEVELOPMENT GUARANTY
FOR WORK ASSOCIATED WITH CANOPY, EARLY WORK
AUTHORIZATION (EWA) PL201300001018 — THE WORK
ASSOCIATED WITH THIS PROJECT HAS BEEN INSPECTED
AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS
W/RESPECT TO THIS SECURITY
Item #16A6
Page 96
May 26, 2015
THE CLERK OF COURTS TO RELEASE PERFORMANCE
BOND NO. SEIFSU0617784 IN THE AMOUNT OF $101,200,
WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION
PERMIT NUMBER NO. 60.092, FOR WORK ASSOCIATED
WITH CANOPY — THE AS-BUILT LAKE CROSS SECTIONS
HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN
INSPECTED BY DEVELOPMENT REVIEW
Item #16A7
RECORDING THE FINAL PLAT OF BRANDON REPLAT,
(APPLICATION NUMBER PL20150000523) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A8
AN EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH AVE MARIA UNIT 7,
LIBERTY PARK (AR-8940) AND AVE MARIA UNIT 8,
EMERSON PARK (AR-8941) — THE THREE YEAR EXTENSION
AND PERFORMANCE BOND WILL ENSURE THAT THE
COMPLETION OF THE REMAINING IMPROVEMENTS SUCH
AS THE FINAL LIFT OF ASPHALT AND UNCOMPLETED
SIDEWALKS
Page 97
May 26, 2015
Item #16A9
RELEASE OF (2) CODE ENFORCEMENT LIENS WITH A
COMBINED ACCRUED VALUE OF $124,750 FOR PAYMENT
OF $450, IN THE CODE ENFORCEMENT ACTIONS ENTITLED
BOARD OF COUNTY COMMISSIONERS V. GWENDOLYN
GREEN, CODE ENFORCEMENT BOARD CASE NOS.
CENA20120006825 AND CENA20120015339, RELATING TO
PROPERTY LOCATED AT 3675 10TH AVE. SE, COLLIER
COUNTY, FLORIDA — A CODE VIOLATION FOR THE
ACCUMULATION OF LITTER WHICH WAS BROUGHT INTO
COMPLIANCE ON MAY 1, 2013
Item #16A10
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $217,000 FOR PAYMENT OF $450, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. MARK BRECHER, CODE
ENFORCEMENT BOARD CASE NO. 2006090558 (A/K/A CEB
2007-05), RELATING TO PROPERTY LOCATED AT 4830
CHERRY WOOD DRIVE, COLLIER COUNTY, FLORIDA — FOR
A CODE VIOLATION CONSISTING OF THE PLACEMENT OF
VEGETATION AND LIME ROCK WHICH WERE BROUGHT
INTO COMPLIANCE ON APRIL 12, 2010 (FOR ITEMS 3 & 8)
AND ON MAY 5, 2008 (FOR ITEMS 4 & 9)
Item #16A11
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $14,211 .50 FOR PAYMENT OF
Page 98
May 26, 2015
$1,661 .50, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. LISA LYNNETTE
TITUS, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE
NO. CEPM20130002193, RELATING TO PROPERTY LOCATED
AT 902 BLUEBIRD STREET, COLLIER COUNTY, FLORIDA — A
CODE VIOLATION OF AN UNMAINTAINED POOL WHICH
WAS BROUGHT INTO COMPLIANCE ON JULY 1, 2013
Item #16Al2
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 207RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST (PROJECT
NO. 60040) (ESTIMATED FISCAL IMPACT: $1,600) — FOR A
PORTION OF FOLIO #39265400005
Item #16A13
RESOLUTION 2015-97: A RESOLUTION AUTHORIZING THE
CONDEMNATION OF PERMANENT AND TEMPORARY
EASEMENT INTERESTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY AND RELATED DRAINAGE
AND UTILITY IMPROVEMENTS AT THE INTERSECTION OF
LAKE TRAFFORD ROAD (CR 890) AND NORTH 19TH STREET
IN IMMOKALEE. (INTERSECTION IMPROVEMENT PROJECT
NO. 60016) (ESTIMATED FISCAL IMPACT: $66,100)
Item #16A14
Page 99
May 26, 2015
CHAIRMAN TO SIGN AN AMENDMENT TO THE WALL
CONSTRUCTION AGREEMENT ENTERED INTO BETWEEN
EAGLE CREEK OF NAPLES CONDOMINIUM ASSOCIATION
(ECN), EAGLE CREEK COMMUNITY ASSOCIATION, INC.
(ECCA), AND COLLIER COUNTY AND APPROVE
REIMBURSEMENT IN THE AMOUNT OF $31,004 FOR TREES
THAT WERE REMOVED DUE TO THE CONSTRUCTION OF
WALLS (PROJECT #60116) — AND DUE TO THE CLOSE
PROXIMITY TO AN FPL POWER LINE
Item #16A15
THE RECEIPT OF TWO ARTERIAL MONITORING CAMERAS
FROM THE CITY OF MARCO ISLAND TO THE COLLIER
COUNTY TRAFFIC OPERATIONS SECTION —THE CAMERAS
WEREN'T COMPATIBLE WITH MARCO ISLAND'S TRAFFIC
SIGNAL SYSTEM
Item #16A16
CHAIRMAN TO SIGN A COLLIER COUNTY FLAGPOLE
INSTALLATION AND MAINTENANCE AGREEMENT
(AGREEMENT) BETWEEN COLLIER COUNTY AND THE
PALM RIVER HOMEOWNERS AND CIVIC ASSOCIATION,
INC. FOR A SOLAR-POWERED LIGHTED FLAGPOLE WITHIN
PALM RIVER PARK
Item #16A17
GRANTING OF A DRAINAGE EASEMENT TO CAMERON
PARTNERS TO REPLACE THAT PORTION OF AN EXISTING
Page 100
May 26, 2015
STORMWATER TREATMENT AND STORAGE EASEMENT
UNDER WHICH PUBLIC UTILITIES RECENTLY INSTALLED
TWO SEWER FORCE MAINS (PROJECT NO. 60178) (FISCAL
IMPACT: $27) — LOCATED IN SECTION 23, TOWNSHIP 48
SOUTH, RANGE 26 EAST
Item #16B1
BOARD OF COUNTY COMMISSIONERS (BCC), ACTING IN
ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT
AGENCY (CRA), APPROVE THE ATTACHED LEASE
AGREEMENT BETWEEN THE CRA AND THE SOUTHWEST
FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. FOR
THE CONTINUED USE OF THE IMMOKALEE CRA'S OFFICE
SPACE IN IMMOKALEE. FISCAL IMPACT: $43,532.64 (24
MONTHS) FOR THE PERIOD OF JULY 1, 2015 THROUGH
JUNE 30, 2016 WITH THE OPTION FOR A RENEWAL TERM
UNTIL JUNE 30, 2017
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) AS THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVE SUBMISSION
OF THE ATTACHED $25,000 GRANT REQUEST TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
(DEO) RELATED TO THE DEVELOPMENT OF A STRATEGIC
ECONOMIC OPPORTUNITY PLAN FOR IMMOKALEE
Item #16B3
Page 101
May 26, 2015
BOARD OF COUNTY COMMISSIONERS (BCC) ACTING IN ITS
CAPACITY AS THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVE THE
ATTACHED CHANGE ORDER #1 TO GRANT-FUNDED
CONTRACT #14-6236 BETWEEN THE CRA AND QUALITY
ENTERPRISES, INC. ENTITLED "IMMOKALEE
STORMWATER IMPROVEMENTS - PHASE II" AND APPROVE
A BUDGET AMENDMENT IN THE AMOUNT OF $29,398.45
NEEDED TO EXECUTE THE BID ALTERNATE WORK ON
NORTH 16TH STREET — REVISING THE COMPLETION DATE
TO AUGUST 31, 2015
Item #16C1
ACCESS AGREEMENT WITH SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO ACCESS AND MAINTAIN
EXISTING TELEMETRY EQUIPMENT ON A MONITORING
WELL AT THE SOUTH COUNTY WATER RECLAMATION
FACILITY — FOR DATA COLLECTION OF THE FLOOD
CONTROL SYSTEM IN THE BIG CYPRESS BASIN
Item #16D1
A BUDGET AMENDMENT RECOGNIZING $87,571 .43 IN
REVENUE RECEIVED UNDER THE HOME INVESTMENT
PARTNERSHIP PROGRAM — TO BE APPLIED TOWARDS THE
PROGRAM ONLY AS NO ADMINISTRATION ALLOCATION IS
ALLOWED WITH RECAPTURED FUNDS
Item #16D2 — Moved to Item #11D (Per Agenda Change Sheet)
Page 102
May 26, 2015
Item #16D3
BUDGET AMENDMENTS IN THE AMOUNT OF $64,127 TO
ALLOW CONTINUOUS OPERATION OF THE RETIRED AND
SENIOR VOLUNTEER PROGRAM FROM THE CORPORATION
FOR NATIONAL AND COMMUNITY SERVICE PRIOR TO
EXECUTION OF FUNDING AWARD (NET FISCAL IMPACT
$64,127) — THIS GRANT PERIOD IS FOR THREE YEARS FROM
JULY 1, 2015 THROUGH JUNE 30, 2018
Item #16D4
BUDGET AMENDMENTS IN THE AMOUNT OF $1,092,009 TO
ALLOW CONTINUOUS OPERATION OF THE COMMUNITY
CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE
INITIATIVE, AND HOME CARE FOR THE ELDERLY GRANTS
FOR THE COLLIER COUNTY SERVICES FOR SENIORS
PROGRAM FROM THE AREA AGENCY ON AGING OF
SOUTHWEST FLORIDA, INC. PRIOR TO THE EXECUTION OF
FUNDING AWARD (NET FISCAL IMPACT: $1,092,009) —
ENSURING UNINTERRUPTED SERVICES TO ELDERLY
CLIENTS
Item #16D5
SUBSTANTIAL AMENDMENTS TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT FOR FY2005-2006, FY2013-
2014 AND FY2014-2015 ANNUAL ACTION PLANS, APPROVE
A MEMORANDUM OF UNDERSTANDING WITH COLLIER
COUNTY PARKS AND RECREATION, REDUCE COMMUNITY
Page 103
May 26, 2015
AND HUMAN SERVICES PLANNING AND ADMINISTRATION
FUNDING AMOUNT AND INCREASE OR ALLOCATE
PROJECT DELIVERY FOR THE FOLLOWING PROJECTS:
COLLIER COUNTY PARKS AND RECREATION AND
PROJECT DELIVERY-ENVIRONMENTAL REVIEW — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D6
MEMORANDUM OF UNDERSTANDING WITH THE
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD WHICH WILL PROVIDE FUNDS TO ALLOW UP TO
130 CHILDREN TO RECEIVE RECREATIONAL
OPPORTUNITIES DURING THE SUMMER - INCLUDING
FIELD TRIPS, CULTURAL, ATHLETIC, EDUCATIONAL AND
WATER ACTIVITIES FOR THE CHILDREN IN IMMOKALEE
Item #16D7
SECOND AMENDMENT TO THE SUBRECIPIENT
AGREEMENT WITH THE CITY OF NAPLES PROVIDING A
TIME EXTENSION FOR ITS COMMUNITY DEVELOPMENT
BLOCK GRANT INTERSECTION IMPROVEMENTS PROJECT —
EXTENDING THE COMPLETION DATE FROM MAY 31, 2015
TO JUNE 30, 2015
Item #16D8 — Continued to the June 9, 2015 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE STANDARD FACILITY
USE AGREEMENTS FOR COMMUNITY MARKETS (SHORT-
Page 104
May 26, 2015
TERM AND LONG TERM) AND AUTHORIZE THE COUNTY
MANAGER OR HIS DESIGNEE TO EXECUTE THE SHORT-
TERM USE AGREEMENTS; THE LONG TERM USE
AGREEMENTS WILL BE PRESENTED TO THE BOARD FOR
SIGNATURE
Item #16E1
MEMORANDUM OF LEASE WITH SBA TOWERS II LLC
REGARDING THE TOWER ON COUNTY-OWNED PROPERTY
LOCATED AT THE GOLDEN GATE PUBLIC SAFETY
COMPLEX — FOR THE ERECTION OF A COMMUNICATION
TOWER
Item #16E2
RE-APPROPRIATE $62,000 PREVIOUSLY APPROVED IN
FISCAL YEAR 2014 FROM THE GAC LAND TRUST TO
REIMBURSE BIG CORKSCREW ISLAND FIRE CONTROL &
RESCUE DISTRICT, NOW KNOWN AS NORTH COLLIER FIRE
CONTROL AND RESCUE DISTRICT, FOR THE PURCHASE OF
EIGHT MOBILE DATA TERMINALS, INSTALLATION,
TECHNICAL SUPPORT, AND SOFTWARE UPDATE FOR A
STATION ALERTING SYSTEM
Item #16E3
BUDGET AMENDMENT TO THE PROPERTY AND CASUALTY
INSURANCE FUND (516) FOR THE FUNDING OF THREE
LARGE CLAIMS AND TO RECOGNIZE CORRESPONDING
REINSURANCE RECOVERIES IN THE AMOUNT OF $255,100 —
Page 105
May 26, 2015
FOR THE ADMINISTRATION BUILDING FLOOD, THE
EDWARDS VS COLLIER COUNTY AND THE CAPASSO VS
COLLIER COUNTY LAWSUIT
Item #16E4
AMENDMENT NO. 10 TO THE AGREEMENT WITH COLLIER
COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER
EDUCATION PROGRAM — THE DRIVER EDUCATION IS TO
SUPPLEMENT DRIVER EDUCATION FOR PUBLIC AND
PRIVATE HIGH SCHOOL STUDENTS
Item #16E5
RECOGNIZE INTEREST EARNED BY EMS COUNTY GRANT
REVENUE AND APPROPRIATE FUNDS FOR A TOTAL
AMOUNT OF $355.99 — FOR THE PERIOD OF JANUARY 1,
2015 THROUGH MARCH 31, 2015
Item #16E6
RESOLUTION 2015-98: A RESOLUTION AUTHORIZING THE
CANCELLATION OF 2015 TAXES UPON A FEE-SIMPLE
INTEREST IN LAND COLLIER COUNTY ACQUIRED BY
WARRANTY DEED FOR CONSERVATION COLLIER AND
WITHOUT MONETARY COMPENSATION
Item #16E7
AWARDING INVITATION TO BID #15-6380 ORIGINAL
EQUIPMENT MANUFACTURER (OEM) AND AFTERMARKET
Page 106
May 26, 2015
PARTS FOR FLEET PARTS, ACCESSORIES, AND TOOLS TO:
CAPRI LAWN AND GARDEN, NAPLES ARMATURE WORKS,
SAM GALLOWAY FORD, SUNBELT AUTOMOTIVE,
SOUTHEAST POWER SYSTEMS OF FORT MYERS, TAMIAMI
FORD, TAMPA TRUCK CENTER, LLC D/B/A FORT MYERS
FREIGHTLINER, TPH ACQUISITION, LLP D/B/A THE PARTS
HOUSE, UNI-SELECT USA, INC.; AND TO WAIVE THE
PURCHASING ORDINANCE FOR PURCHASES FROM GILLIG,
LLC, FOR BUS PARTS, INCLUDING BUT NOT LIMITED TO
MECHANICAL, BODY, GLASS AND WINDOW ASSEMBLIES
PENDING A NEW SOLICITATION
Item #16E8
RESOLUTION 2015-99: A RESOLUTION AUTHORIZING THE
CANCELLATION OF 2015 TAXES UPON A FEE-SIMPLE
INTEREST IN LAND COLLIER COUNTY ACQUIRED BY
WARRANTY DEED FOR CONSERVATION COLLIER AND
WITHOUT MONETARY COMPENSATION (ESPINAR)
Item #16E9
ACCEPT THE REPORT CONCERNING THE SALE, SCRAP,
DONATION OF ITEMS, AND DISBURSEMENT OF FUNDS
ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD
ON APRIL 18, 2015 AND TO AUTHORIZE QUARTERLY ON-
LINE AUCTIONS
Item #16E10
CHAIRMAN TO SIGN THE COLLIER COUNTY GOVERNMENT
Page 107
May 26, 2015
EQUAL EMPLOYMENT OPPORTUNITY PLAN — THIS EEOP IS
A REQUIREMENT FOR GRANTS RECEIVED FROM THE U.S.
DEPARTMENT OF JUSTICE
Item #16F1
RESOLUTION 2015-100: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2014-15 ADOPTED BUDGET
Item #16F2
A REVISION TO THE CAPITAL INVESTMENT FOR
DIVERSIFICATION ECONOMIC INCENTIVE (CIDS)
PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16H1
RESOLUTION 2015-101 : APPOINT ONE MEMBER TO THE
LIBRARY ADVISORY BOARD — APPOINTING MARJORIE
HALL GAGNON WITH TERM EXPIRING ON DECEMBER 31,
2016
Item #16H2
RESOLUTION 2015-102: REAPPOINT A MEMBER TO THE
EDUCATIONAL FACILITIES AUTHORITY — RE-APPOINTING
JOHN J. AGNELLI WITH TERM EXPIRING JUNE 12, 2020
Item #16H3
Page 108
May 26, 2015
RESOLUTION 2015-103: APPOINT ONE MEMBER TO THE
OCHOPEE FIRE CONTROL DISTRICT ADVISORY
COMMITTEE — APPOINTING ROBERT CRAIG WITH TERM
EXPIRING ON DECEMBER 31, 2016
Item #16H4
RESOLUTION 2015-104: REAPPOINT TWO MEMBERS TO THE
WATER AND WASTEWATER AUTHORITY — RE-APPOINTING
PATRICIA SHERRY AND JERRY P. MORGAN WITH TERMS
EXPIRING ON MAY 21, 2019
Item #16H5
CLARIFY THAT THE BOARD'S INTENT AT ITS FEBRUARY
10, 2015 MEETING (ITEM 10B) IN APPROVING A DOLLAR
FOR DOLLAR MATCH OF PRIVATE DONATIONS TOWARD
THE CONSTRUCTION OF THE FREEDOM MEMORIAL
INCLUDES ALL DONATIONS MADE BY ENTITIES OTHER
THAN THE COUNTY TO INCLUDE OTHER GOVERNMENTAL
AGENCIES (COMMISSIONER HILLER) — ALLOWING FOR A
MATCH DONATION OF $100,000 BY THE CITY OF NAPLES
TO BE MATCHED BY THE COUNTY
Item #16J1
A BUDGET AMENDMENT IN THE AMOUNT OF $29.50
RECOGNIZING INTEREST EARNED IN SUPERVISOR OF
ELECTIONS' 2014/2015 FEDERAL ELECTION ACTIVITIES
GRANT
Page 109
May 26, 2015
Item #16J2
A BUDGET AMENDMENT RECOGNIZING $1,379,000 IN
REVENUES AND EXPENDITURES IN THE SHERIFF'S FY2015
GENERAL FUND BUDGET
Item #16J3
RESOLUTION 2015-105: A RESOLUTION CHANGING THE
BOUNDARIES AND NUMERIC DESIGNATIONS OF CERTAIN
VOTING PRECINCTS
Item #16J4
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF MAY
7 THROUGH MAY 13, 2015
Item #16J5
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF MAY
14 THROUGH MAY 19, 2015
Item #16K1
RESOLUTION 2015-106: A RESOLUTION AUTHORIZING THE
AUTHORITY TO ISSUE REVENUE BONDS FOR A
CONTINUING CARE RETIREMENT FACILITY KNOWN AS
THE ARLINGTON OF NAPLES
Page 110
May 26, 2015
Item #16K2
A PAYMENT FOR LITIGATION SUPPORT SERVICES BY
PROFESSIONAL REAL ESTATE APPRAISAL EXPERTS FOR
THE ORDER OF TAKING HEARINGS FOR THE GOLDEN
GATE BOULEVARD WIDENING PROJECT NO. 60040 IN AN
AMOUNT NOT TO EXCEED $10,225 (FISCAL IMPACT $10,225)
Item #17A
THIS ITEM HAS BEEN CONTINUED TO THE JUNE 9, 2015
BCC MEETING. RECOMMENDATION TO DENY PETITION
VAC-PL20140001887 TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY AND THE PUBLIC INTEREST IN A
PORTION OF 15TH STREET AS SHOWN ON THE PLAT OF
EASTOVER, PLAT BOOK 1 PAGE 97, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN
SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA
Item #17B
RESOLUTION 2015-107: PETITION VAC-PL20140002842 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE TWO WESTERLY 30-FOOT
PARCELS RESERVED FOR RIGHT-OF-WAY AND A PORTION
OF LINDA DRIVE OF LINDA PARK AS RECORDED IN PLAT
BOOK 4, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 14, TOWNSHIP
50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Page 111
May 26, 2015
Item #17C
RESOLUTION 2015-108: PETITION VAC-PL20140002166, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 15-FOOT DRAINAGE
EASEMENT AS SHOWN IN OFFICIAL RECORD BOOK 4387,
PAGE 956 ET SEQ, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 11, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
AND TO ACCEPT PETITIONER'S GRANT OF A 20-FOOT
DRAINAGE EASEMENT TO REPLACE THE VACATED
DRAINAGE EASEMENT
Item #17D
RESOLUTION 2015-109: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2014-15 ADOPTED BUDGET
Page 112
May 26, 2015
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12: 11 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TIM NANCE, CHAIRMAN
ATTEST:
DWIGHT E,, BROCK, CLERK
anrytu:tJ'
Attest as to Chairman r
signature only.
These minutes approved by the Board on (/23//3-
as presented L -- or as corrected
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 113