BCC Minutes 03/08/2016 R BCC
REGULAR
MEETING
MINUTES
March 8, 2016
March 8, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 8, 2016
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Donna Fiala
Tom Henning
Georgia Hiller
Tim Nance
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
March 8, 2016
9:00 AM
Commissioner Donna Fiala, District 1 — BCC Chair
Commissioner Tim Nance, District 5 — BCC Vice-Chair; CRAB Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Vice-Chair
Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC 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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March 8, 2016
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. Pastor Jim Thomas — East Naples United Methodist Church
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. February 9, 2016 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS
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March 8, 2016
4. PROCLAMATIONS
A. Proclamation designating March 19, 2016 as Save the Florida Panther Day
in Collier County. To be accepted by Tom Trotta, Amber Crooks and Mac
Hatcher, representing the Friends of the Florida Panther Refuge; and Jess
Sutt representing the Florida Panther National Wildlife Refuge.
B. Proclamation designating March 17- 27, 2016 as the 40th Annual Collier
County Fair and 4-H Show & Auction Days. To be accepted by Pat
Cookson, Lou Hoegsted, Shannon Hubbel, and Nico Vitale.
C. Proclamation designating March 13-19, 2016 as Sunshine Week in Collier
County and declaring our commitment to open and accessible government.
To be accepted by Mike Sheffield, representing Collier County Government;
Crystal Kinzel, representing the Collier County Clerk of Courts; Andrea
Lewis representing the Collier County Sheriff's Office; Vickie Downs
representing the Collier County Property Appraiser; Rob Stoneburner,
representing the Collier County Tax Collector; and Melissa Blazier,
representing the Collier County Supervisor of Elections.
D. Proclamation designating March 2016 as Bicycle Awareness and Safety
Month in Collier County. To be accepted by members of the Naples
Pathway Coalition.
E. Proclamation honoring the North Collier Fire Training Center for its
excellence in preparing fire and emergency service personnel and its
service to the citizens of Collier County. To be accepted by Deputy
Chief Eloy Ricardo, Director of the North Collier Fire Training Center
and Captain Michael Jimenez, Program Coordinator.
F. Proclamation honoring Arthrex and CEO Reinhold Schmieding and
congratulating them for 25 years of innovation and growth in Collier
County. To be accepted by Reinhold Schmieding.
G. Proclamation honoring the work and contributions of those medical
businesses and organizations in Collier County that are dedicated to
making Collier County a destination for medical tourism. To be accepted
by Dr. Allen Weiss, CEO of the NCH Healthcare System, Reinhold
Schmieding, founder and CEO of Arthrex and Scott Lowe, CEO of
Physicians Regional Healthcare System.
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March 8, 2016
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for March 2016
to Arthrex, Inc. To be accepted by Reinhold Schmieding, Founder and
President, Arthrex, Inc. and Arthrex Manufacturing. Arthrex staff, Michel
Dalby, President and CEO; the Greater Naples Chamber of Commerce,
Kristi Bartlett, Vice President, Opportunity Naples, the Greater Naples
Chamber of Commerce; and Andrea Sturzenegger, Vice President,
Marketing & Membership, the Greater Naples Chamber of Commerce.
B. Recommendation to recognize Rheannon Ketover, Chemist, Growth
Management Department, as Employee of the Month January 2016.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Items #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that the Board of County Commissioners (Board) appoint
a committee of ten (10) voting members to provide local input to the Florida
Fish and Wildlife Commission (FWC) on proposed changes to the manatee
protection zones in Collier County.
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid (ITB) No. 16-6573 to DEC
Contracting Group, Inc. in the amount of$2,512,853 for construction of the
CCSO Orangetree Substation, and authorize the Chairman to execute the
attached contract. (Hank Jones, Facilities Management Principal Project
Manager)
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March 8, 2016
B. Recommendation to authorize the creation of sixteen (16) additional
Full-Time Equivalent positions in the Growth Management Department
in response to increased customer demand. The proposed positions will be
funded with current user fee reserves, require no additional fees, and have
no impact on the General Fund. (Jamie French, Growth Management
Deputy Department Head)
C. Recommendation to approve a resolution superseding Resolution No.
2015-123, providing updates to the Collier County Growth Management
Department Development Services Fee Schedule with an effective date of
April 1, 2016, decreasing fees for building permit development-related
application, processing, review, and inspection fees, and related engineering
re-inspection fees. (Jamie French, Growth Management Deputy Department
Head)
D. Recommendation for the Board to direct the Clerk to the Board of County
Commissioners, pursuant to the scope of services enumerated in the
Interlocal Agreement between the Board of County Commissioners and the
Clerk of the Circuit Court, to prepare and submit a payables report in the
format and content specified by the Board. (Leo E. Ochs, Jr., County
Manager)
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
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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March 8,2016
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance of the water and
sewer facilities for Covenant Presbyterian Church, Phase 1 B,
PL20140001481, accept unconditional conveyance of a portion of
the water facilities, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of$9,460.50 to the
Project Engineer or the Developer's designated agent.
2) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Isles of Collier
Preserve, Phase 1 Multi-Family, PL20130002469, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$35,958.63 to the Project Engineer or Developer's designated agent.
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for Vyne House at Talis Park (F/K/A Tuscany Reserve
Clubhouse), PL20130002208, and to authorize the County Manager,
or his designee, to release the Utilities Performance Security (UPS)
and Final Obligation Bond in the total amount of$7,809.20 to the
Project Engineer or the Developer's designated agent.
4) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Bella Firenze,
PL20140000190, and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer's designated agent.
5) Recommendation to approve final acceptance and unconditional
conveyance of water and sewer utility facilities for Coquina Circle at
the Quarry, PL20130000980, and to authorize the County Manager, or
his designee, to release the Final Obligation Bond in the total amount
of$4,000 to the Project Engineer or Developer's designated agent.
6) Recommendation to approve the release of a code enforcement lien
with an accrued value of$38,726.48 for payment of$450, in the
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March 8, 2016
code enforcement action entitled Board of County Commissioners v.
Ramiro E. Llerena and Martha R. Llerena, Code Enforcement Board
Case No. CESD20140012087, relating to property located at 11263
Tamiami Trail E., Unit D, Naples, Collier County, Florida.
7) Recommendation to approve the release of a code enforcement lien
with an accrued value of$135,564.64 for payment of$2,000, in the
code enforcement action entitled Board of County Commissioners v.
Real Estate Holdings of Tienda Mexicana, Inc., Code Enforcement
Board Case No. CESD20120006666, relating to property located at
217 N. 15th Street, Immokalee, Collier County, Florida.
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$87,000 which was posted as a
guaranty for Excavation Permit Number 60.104 (PL20090000028) for
work associated with The Arlington of Naples.
9) Recommendation to accept the Fee Simple conveyance of portions of
the existing Livingston Road right-of-way located in Sections 24 and
25, Township 49 South, Range 25 East.
10) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation
to approve recording the final plat of Hacienda Boulevard Phase One,
(Application Number PPL-PL20130001954) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
11) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Regal Acres Phase One
(Application Number PL20110001516) with roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation
to approve recording the final plat of Lane Park, (Application Number
PL20130001482); approve the standard form Construction and
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March 8,2016
Maintenance Agreement and approve the amount of the performance
security. (Note: This is a companion item to #16D9 that recommends
acceptance of a land donation and maintenance fees to Conservation
Collier in lieu of on-site preserve requirements)
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this items
all participants are required to be sworn in. Recommendation to
approve recording the final plat of Esplanade Golf and Country Club
of Naples Benvenuto Court, (Application Number PL20150002533)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
14) Recommendation to notify the Florida Department of Agriculture and
Consumer Services - Forestry Division of Collier County's intent to
terminate lease of Tract 126, Golden Gate Estates Unit No. 23 (SW
corner of 8th Street NE and Randall Boulevard). (No fiscal impact.)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a $586,432 work order under Request
for Quotation #14-6213-54 to Douglas N. Higgins, Inc., for Project
No. 7 1065, "Tamiami Wellfield Raw Water Main Valves & Meter
Replacement," at the South County Regional Water Treatment Plant;
and approve budget amendments in the total amount of$350,000.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve an after-the-fact Amendment to the
Master Contract and Attestation Statement with Area Agency on
Aging of Southwest Florida, Inc. for Federal-and State-funded
Services for Seniors programs (No Fiscal Impact).
2) Recommendation to approve an after-the-fact Amendment to the
Older Americans Act Program Title III and Attestation Statement with
Area Agency on Aging of Southwest Florida, Inc. for Services for
Seniors programs (No Fiscal Impact).
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March 8, 2016
3) Recommendation to approve after-the-fact Amendment to the Home
Care for the Elderly Program and Attestation Statement with the Area
Agency on Aging for Southwest Florida, Inc. for Services for Seniors
programs (No Fiscal Impact).
4) Recommendation to approve release of lien for full payment of a
deferral of 100 percent of a countywide impact fee for an owner
occupied affordable housing dwelling unit.
5) Recommendation to approve a satisfaction of mortgage for the Collier
County HOME Investment Partnership Program for full payment in
the amount of$20,819.26.
6) Recommendation to approve six mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the combined amount
of$45,216.09.
7) Recommendation to approve a satisfaction of mortgage for the State
Housing Initiatives Partnership loan program for full payment in the
amount of$20,000.
8) Recommendation to approve a budget amendment recognizing
$20,819.26 in revenue received under the HOME Investment
Partnership Program.
9) Recommendation to approve a standard Donation Agreement that
allows Radio Rd, LLC, a Florida limited liability company to donate a
1.14 acre parcel along with a management endowment of$19,608, a
portion of which is a donation, to the Conservation Collier Land
Acquisition Program under the offsite vegetation retention provision
of the Land Development Code LDC Section 3.05.07 H.1.f.iii. (b), at
no cost to the County, and authorize the Chairman to sign the
Donation Agreement and staff to take all necessary actions to close.
(Note: This is a companion item to #16Al2, which recommends
approval to record the final Plat of Lane Park)
10) Recommendation to accept a Federal Transit Administration Section
5310 Grant award in the amount of$527,800, authorize the necessary
budget amendments, and approve the purchase of six paratransit
vehicles and radios using those funds.
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March 8, 2016
11) Recommendation to authorize the advertisement of an Ordinance for
future consideration establishing a Public Transit Advisory
Committee.
12) Recommendation to approve a Release, Waiver & Refunding
Agreement and Plan of Final Distribution for the Franz Pschibul
Revocable Trust of 1996, to accept final distribution in the amount of
$295,264.82 to specifically benefit the Naples Regional Branch
Library and authorize the Chairman to approve the required receipt
and necessary budget amendment.
13) Recommendation to approve corrected pages to the Sections 5310,
5311 and 5339-Rural FY 2015/16 grant applications for re-submittal
to the Florida Department of Transportation (FDOT).
14) Recommendation to approve and authorize the Chairman to execute a
Landlord Payment Agreement, allowing the County to administer the
Rapid Re-Housing and Homelessness Prevention Program through the
Emergency Solutions Grant Program.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to adopt a Resolution and to approve a License
Agreement with South Florida Water Management District to utilize
space within the County-owned communications equipment shelter on
Stockade Road, Immokalee.
2) Recommendation to approve a budget amendment in the amount of
$222,360.60 to fund the cost of moving Collier County Information
Technology fiber optic cabling in conjunction with Transportation
Project #60040.
3) Recommendation to approve the conveyance of a Grant of Utility
Easement to Comcast Cable Communications Management, LLC, to
provide cable connections for use of the Locution System, Inc. (a fire
and EMS station alerting system) within Collier EMS Station No. 76
at Vanderbilt/Logan.
4) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for modifications to work orders,
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March 8, 2016
change orders, surplus property and other items as identified.
5) Recommendation to retroactively waive formal competition for
purchases from Contract #12-5886R for Road Maintenance urban
mowing services (including aquatic mowing) from Superior
Landscaping & Lawn Services Inc., during the competitive bidding
process.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the termination of Agreements between
Fine & Dandy Service, Inc. (d/b/a NAPKING) and Collier County
Water-Sewer District for payment of Wastewater Impact Fees and
Allowance for Funds Prudently Invested Fees related to building
permit number 2010070017, and a debt write-off in the amount of
$13,839.69.
2) Recommendation to approve Tourist Development Tax Category `B"
funding to support the four upcoming FY 16 Sports Events up to
$15,300 and make a finding that these expenditures promote tourism.
3) Recommendation to approve an agreement between Collier County
and Arthrex under the Capital Investment for Diversification Incentive
("CID") Program, providing a grant in the amount of$572,970 in
support of Arthrex's planned 161,000 square foot medical device
manufacturing facility expansion project at Ave Maria.
4) Recommendation to authorize staff to work with Florida Department
of Environmental Protection (FDEP) to evaluate options for the
County's future potential participation in the operation of the
Everglades City utility.
5) Recommendation to authorize payment of the outstanding balance due
for the purchase and installation of office furnishings and a modular
wall system at the Naples Business Accelerator to Office Furniture
and Design Concepts (OFDC) in the amount of$195,328.28.
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached Collier County Airport
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March 8, 2016
Authority (Authority) Standard Form Lease Agreement with RTH
Enterprise, Inc., and associated Sublease Arrangement with West
Coast Karting, Inc.
2) Recommendation the Board of County Commissioners acting as the
Airport Authority approve a Site License Agreement with Immokalee
Chamber of Commerce, Inc. approving use of County-owned property
for the purpose of holding the Harvest Festival Event at the
Immokalee Regional Airport on April 22-24, 2016.
3) Recommendation that the Board of County Commissioners acting as
the Airport Authority approve a T-Hangar Lease Agreement between
the Collier County Airport Authority and Exec. Air, Inc., of Naples
and High Soaring, Inc.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint four members to the Affordable Housing
Advisory Committee.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners,
the check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between February 11 and February 24, 2016 pursuant to
Florida Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the total amount of$41,749 for Parcels 118RDUE,
118DE, and 118TDRE, in the lawsuit captioned Collier County v.
John C. Peeples, et al, Case No. 2015-CA-1957, required for the
construction of a replacement bridge on White Boulevard over the
Cypress Canal, Project No. 66066. (Fiscal Impact: $7,049)
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March 8, 2016
2) Recommendation to approve a Joint Motion and Final Judgment in
the amount of$8,000 for Parcel 227RDUE, in the lawsuit captioned
Collier County v. Arabel Subiaut, et al, Case No. 2014-CA-2762,
required for the construction of roadway improvements to Golden
Gate Boulevard Project No. 60040. (Fiscal Impact: $6,025)
3) Recommendation to hire Hole Montes, Inc. for expert analysis and
testimony in an amount not to exceed $24,357, Wilcox Appraisal
Services, Inc. for expert appraisal services and testimony in an amount
not to exceed $50,000, and Agnoli, Barber & Brundage, Inc. for
expert analysis and testimony in an amount not to exceed $35,000 for
support in the eminent domain cases styled Collier County v. S.D.
Corporation, Inc., Case No. 15-CA-1580, and Collier County v.
April Chappell, et al., Case No. 10-3932-CA filed in the Lely
Area Stormwater Improvement Project No. 51101. (Fiscal Impact:
$109,357)
4) Recommendation to approve hiring and authorize the expenditure to
retain Robin Doyle of Doyle Conflict Resolution, Inc. to serve as
Mediator for the Mediation with the North Collier Fire Control and
Rescue District as required by the Ch. 164 Governmental Conflict
Resolution Act.
5) Recommendation to approve a Retention Agreement for Legal
Services with Law Office of Brian Armstrong, PLLC.
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
18. ADJOURN
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March 8, 2016
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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March 8, 2016
March 8, 2016
CHAIRMAN FIALA: Will everybody please take their seats.
So now, after I have you sit down, I'm going to say, "Will
everybody stand." And with us today is Reverend Jim Thomas from
East Naples United Methodist Church to lead us in prayer.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND THOMAS: Thank you. May we pray.
Lord, we come this morning asking for your help this week, offer
our prayer with the help of the spirit. Lord, in this week where we are
told by time to spring forward, it's so often our inclination to fall back.
But may we have the courage, dear Lord, to seek new direction, to
seek new answers, to have open hearts to hear what each other have to
say and to hear your will.
Lord, as your word tells us, we are to press forward for the prize
and that you will be a lamp to our feet, a light to our path to help us
know the next step.
Guide and direct us, dear Lord, in all things, bless the people here
that are here to make decisions and the decisions that are made, and we
ask this humbly in your name. Amen.
CHAIRMAN FIALA: And with that, I ask you all to put your
hands over your hearts and say with me the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. And now we're going to
deviate a little bit from our normal agenda because we have a very
special guest with us today and a lot of his favorite people as well. Isn't
that a cool thing to say? Like, the hospital and the Chamber and all of
that stuff.
I want to -- I will be introducing you to Reinhold Schmieding.
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March 8, 2016
He's the founder and CEO of Arthrex. And he's chosen Naples -- we
are so happy he's chosen Naples. I'm deviating from this, but I can't
help it -- as his global headquarters for the last 25 years.
And this year Arthrex achieved the distinction of moving to No. 3
on the list of Fortune magazine's 15 best workplaces in manufacturing
production in the country.
(Applause.)
CHAIRMAN FIALA: I hope a lot of you have been through the
Arthrex facility. I've loved it from the time he was still in the one
place, and I've watched him grow, and thank heavens he's invited me
to some of the others things as well, and I've watched it grow.
And we're really lucky in this county to have him. I mean -- and,
by the way -- oh, see. I'm deviating from everything. And, by the
way, they pay taxes right here in the county.
(Applause.)
CHAIRMAN FIALA: And they also have all their employees
who pay taxes in the county. A lot of places want to bring a
headquarters here or bring something here, but they're paying taxes in
another state, so we're really proud of him.
Okay. Back onto the script.
Arthrex has established its global headquarters on Creekside
Boulevard and, in the last few years, has built two manufacturing
facilities in Ave Maria with plans for expansion continuing to make a
significant investment in Eastern Collier County.
Commissioners, I would like to ask if there's a motion to move
proclamation 4F and presentation 5A to this special presentation.
COMMISSIONER HILLER: So moved.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Good. Motion and a second.
All in favor?
COMMISSIONER TAYLOR: Aye.
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March 8, 2016
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay.
MR. OCHS: Madam Chair, excuse me. Also proclamation --
CHAIRMAN FIALA: And I was just going --
MR. OCHS: 4H is --
CHAIRMAN FIALA: -- and add another proclamation, 4H.
Let's see.
COMMISSIONER TAYLOR: Yes, 4H.
CHAIRMAN FIALA: We have 5 -- 4F, 5A, 4G, and now 4H as
well, okay, which we have right here. And I will give it to the County
Manager as well as moving the consent agenda, No. 16F3. That's
another one yet. See all the things he's doing within our community --
to this special presentation.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER HILLER: A motion has already been made.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HILLER: A motion was already made.
CHAIRMAN FIALA: And second. Okay. And all -- and we
already voted on that one.
But that's for the 4F, right?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN FIALA: Okay. And you seconded that?
COMMISSIONER NANCE: Yes, ma'am.
CHAIRMAN FIALA: Very good. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
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March 8, 2016
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Item #4F
PROCLAMATION HONORING ARTHREX AND CEO
REINHOLD SCHMIEDING AND CONGRATULATING THEM
FOR 25 YEARS OF INNOVATION AND GROWTH IN COLLIER
COUNTY. ACCEPTED BY REINHOLD SCHMIEDING — READ
INTO THE RECORD BY COUNTY MANAGER OCHS AND
APPROVED AS PRESENTED UNDER AGENDA ITEM #5A -
ADOPTED
CHAIRMAN FIALA: Okay. And I would like our County
Manager to read please -- and do a -- read the following proclamations.
MR. OCHS: Thank you, Madam Chair. Good morning,
Commissioners, ladies and gentlemen.
Mr. Schmieding, it's an honor to have you here with your senior
leadership team this morning. Thank you for being here.
Commissioners, I'd like to read the series of items on your agenda
today that recognizes Arthrex for their outstanding success and
innovation and their growth and commitment to Collier County.
The first item is Proclamation 4F, and it is a proclamation
honoring Arthrex and the CEO and founder, Reinhold Schmieding,
and congratulating the business for 25 years of innovation and growth
in Collier County.
Proclamation reads as follows:
Whereas, Reinhold Schmieding founded Arthrex 35 years ago
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March 8, 2016
with the vision of helping surgeons treat their patients better by
designing surgical devices; and,
Whereas, in 1991 he relocated his orthopedic surgical device
company with one employee to Naples to build his business in the
United States; and,
Whereas, over the last 25 years, Arthrex has grown into a global
leader in arthroscopic surgery developing more than 9,500 innovative
products in surgical procedures to advance minimally invasive
orthopedics worldwide; and,
Whereas, today Arthrex provides training to thousands of
surgeons annually at its premiere medical education facilities in Naples
as well as surgical skill labs throughout the world; and,
Whereas, more than 90 percent of Arthrex's products are
manufactured in the United States and exported to more than 100
countries around the world; and,
Whereas, the company's global market leadership in orthopedic
surgical device design, research, medical education, and manufacturing
is attributed to its special dedication and mission to helping surgeons
treat their patients better; and,
Whereas, Mr. Schmieding and his team pursue a core value of
making people better with the unique approach to business that has
created a workplace that fosters productivity and loyalty for more than
2,300 employees in Florida and 3,300 employees worldwide. Fortune
magazine names Arthrex one of the top 100 best companies to work
for and number three out of the 15 best workplaces in manufacturing
and production in the country; and,
Whereas, Arthrex believes in reinvesting its success back into the
community and making people's lives better through healthcare
innovation, employee growth and development, medical education
tourism, and charitable giving; and,
Whereas, the Board of Collier County Commissioners values
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March 8, 2016
Arthrex's contribution to our community and the economy.
Now, therefore, be it proclaimed that the Collier County Board of
County Commissioners honors Reinhold Schmieding and Arthrex and
congratulates them for 25 years of innovation and growth in Collier
County.
Done and ordered this 8th day of March 2016, Donna Fiala,
Chairman.
Congratulations, sir.
(Applause.)
Item #4H
PROCLAMATION HONORING THE WORK AND
CONTRIBUTIONS OF ARTHREX IN COLLIER COUNTY AND
ITS DEDICATION TO MAKING COLLIER COUNTY A
DESTINATION FOR MEDICAL TOURISM — READ INTO THE
RECORD BY COUNTY MANAGER OCHS AND APPROVED AS
PRESENTED UNDER AGENDA ITEM #5A - ADOPTED
MR. OCHS: Please be seated. There's more to come.
Not only does Arthrex do all of those things that I just read, but
they also are a leader in Collier County in the new business of medical
tourism, one of the target industries that this County Commission has
targeted and, as in most things, Arthrex and Mr. Schmieding have been
a leader and really ahead of the curve in this issue, so we're very
pleased to honor them with another proclamation this morning. It's
Proclamation 4H, and it's a proclamation honoring the work and
contributions of Arthrex in Collier County and its dedication to making
Collier County a destination for medical tourism.
It reads as follows:
Whereas, Collier County has initiated a robust community
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March 8, 2016
initiative to showcase our community; and,
Whereas, Collier County is well suited as a destination for
medical meetings at our world-class resorts and group meeting
facilities; and,
Whereas, our community is privileged to have Arthrex, a
company that has achieved the distinction of being ranked third on
Fortune magazine's list of the 15 best workplaces in manufacturing and
production in the country and a company that Collier County proudly
claims as their own; and,
Whereas, Arthrex has been at the forefront of medical tourism in
Collier County bringing, last year alone, 7,124 visitors with a total of
12,371 room nights consumed for medical education, project based
and normal transit business travel; and,
Whereas, the Board of County Commissioners would like to
officially recognize Arthrex's continuing leadership of our robust
medical tourism community.
Now, therefore, be it proclaimed that the Collier County Board of
County Commissioners hereby honors the work and contributions of
Arthrex in Collier County and its dedication to making Collier County
a destination for medical tourism.
Done and ordered this 8th day of March 2016, Donna Fiala,
Chair.
Congratulations, sir.
(Applause.)
CHAIRMAN FIALA: Leo? Leo? Can I just say one thing?
You know, as I said, I've been there. This gentleman started this whole
business on his kitchen table in the '90s. Look what he's made of
himself from that start. I mean, how many people can do that? I
mean, that's a genius that starts that.
And I just had to add that I loved going through your plants. He
has so many awards all over his walls and everything, and you can see
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March 8, 2016
how he manufactures -- he make these things like thread and different
things and everything to fit in your arms and -- I mean, it's just
amazing. Sorry. I just had to add that personal stuff.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR MARCH 2016 TO ARTHREX, INC.
ACCEPTED BY REINHOLD SCHMIEDING, FOUNDER AND
PRESIDENT, ARTHREX, INC. AND ARTHREX
MANUFACTURING. ARTHREX STAFF, MICHEL DALBY,
PRESIDENT AND CEO; THE GREATER NAPLES CHAMBER
OF COMMERCE, KRISTI BARTLETT, VICE PRESIDENT,
OPPORTUNITY NAPLES, THE GREATER NAPLES CHAMBER
OF COMMERCE; AND ANDREA STURZENEGGER, VICE
PRESIDENT, MARKETING & MEMBERSHIP, THE GREATER
NAPLES CHAMBER OF COMMERCE — PRESENTED; MOTION
TO APPROVE ALL ARTHREX AGENDA ITEM #4F, #4H AND
ITEM #16F3 — APPROVED
MR. OCHS: That's great.
Our next recognition also on your agenda today is Item 5A. This
is a presentation of the Collier County Business of the Month for
March 2016 to Arthrex, Incorporated. This is a monthly award that is
presented by the Greater Naples Chamber of Commerce, and we're
pleased this morning to have representatives from the Chamber here
that will join us in a few moments to make that presentation, including
Michael Dalby, the new president and CEO of the Greater Naples
Chamber of Commerce, so we're looking forward to chatting with him.
And then, finally, this morning -- and this is an item that was
moved to the regular agenda so we could take an official vote of
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March 8, 2016
approval on this, and this is an item that recommends approval of an
agreement between Collier County and Arthrex under the Board's
Capital Investment for Diversification Incentive Program providing a
grant in the amount of$572,970 in support of Arthrex's planned
161,000-square-foot medical device manufacturing facility expansion
project at Ave Maria. This is another expansion project by Arthrex out
in Ave Maria. Just fantastic.
COMMISSIONER HENNING: Move to approve.
Item #16F3
RECOMMENDATION TO APPROVE AN AGREEMENT
BETWEEN COLLIER COUNTY AND ARTHREX UNDER THE
CAPITAL INVESTMENT FOR DIVERSIFICATION INCENTIVE
("CID") PROGRAM, PROVIDING A GRANT IN THE AMOUNT
OF $572,970 IN SUPPORT OF ARTHREX'S PLANNED 161,000
SQUARE FOOT MEDICAL DEVICE MANUFACTURING
FACILITY EXPANSION PROJECT AT AVE MARIA -
PRESENTED UNDER AGENDA ITEM #5A AND DETAILED IN
THE EXECUTIVE SUMMARY
MR. OCHS: Let me just -- let me read this very quickly, sir, if I
might.
As I mentioned, Arthrex is planning construction of a
161,000-square-foot addition to its medical device manufacturing
facility at Ave Maria. This plant expansion is consistent with the
county's economic development goals for job creation and capital
investment in targeted industries in Collier County.
The estimated capital and investment for this expansion project is
$15 million with 350 new permanent jobs projected. That's a fantastic
track record, again, for Arthrex here in Collier County and particularly
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March 8, 2016
out in Ave Maria.
I will not read the rest of this summary, but it's in your packet,
and I would simply ask that this also be included in your motion with
the other items to approve subject to the terms and conditions of this
executive summary.
CHAIRMAN FIALA: And, Commissioner Henning, would you
mind, Penny Taylor was going to make this motion to approve all of
these, and then we can do you as the second, okay?
COMMISSIONER HENNING: (No verbal response.)
COMMISSIONER TAYLOR: I move, so move to approve the
proclamations and the agenda item as read.
CHAIRMAN FIALA: Thank you.
MR. OCHS: And it now would be appropriate, Commissioners,
if--
CHAIRMAN FIALA: And Commissioner Henning --
COMMISSIONER HENNING: Sure.
CHAIRMAN FIALA: -- was going to second that. He already
tried to approve it, you know, so I just snatched that right out of his
hands and moved it over. But forgive me, okay.
COMMISSIONER HENNING: That's fine.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you.
MR. OCHS: Mr. Schmieding, again, on behalf of the Collier staff
and the Board of County Commissioners, we'd like to thank you for
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March 8, 2016
your investment in Collier County, and we look forward to many,
many more years of success in partnering with Arthrex. And if you'd
be so kind to join us up at the podium for a few words, we'd appreciate
it. Thank you, sir.
(Applause.)
MR. SCHMEIDING: I don't have any prepared remarks, but I'd
like first to thank the County Commissioners for this honor.
Mr. Ochs, thank you also for your kind words.
It's really a privilege and an honor to be here today after 25 years.
In 1991 I returned from living in Europe for 10 years. You can
tell from my accent I'm from Michigan. I've been coming to Naples
since the early '70s because of my love for this community. I had
relatives here and knew some day that something special might
happened, and that happened in 1991.
I came back from Europe, and we moved our small little U.S.
office down to Naples with one employee, and that employee is
actually here tonight. She's our vice president of human relations,
Kathy Sparrow. So if you'd please stand up, Kathy.
(Applause.)
MR. SCHMEIDING: So Kathy and I moved our business in
1991, the middle of the summer. You can imagine what that's like,
you know, beating the rains and the storms, unpacking things into our
little office on Horseshoe Drive. And within a couple of years we built
a beautiful facility on Horseshoe Drive, which the county now owns.
So I hope you're enjoying our facility. Yeah.
After a number of years of successfully growing in Collier
County, we expanded further and we built another brand new facility
in Creekside, where we are today, and we've continue to expand,
acquiring the Hellerman Tyton facility -- it was abandoned -- and
turned that into a world-class manufacturing facility right here in
Collier County.
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March 8, 2016
And I must give credit again to Collier County, Susan Paragus
(phonetic). She was the head of the EDC at the time, and she was very
engaged. And she asked us, what can we do to create more high-tech
nonseasonal jobs here in Collier County?
And I said, well, right now we design and we teach surgeons, but
we don't manufacture that much here in Florida.
So she inspired us to hire an engineer and actually start
manufacturing. Today we employ over 1,500 people here in Collier
County who are making products in America, making products in
Florida, and making world-class products right here in Collier County.
How's that?
(Applause.)
MR. SCHMIEDING: The person that's led our growth in
manufacturing here in Southwest Florida is our vice president, Andy
Owen. Do you want to stand up, please, Andy?
(Applause.)
MR. SCHMIEDING: I'd like to introduce our other VPs that are
with us today. Dan Hall, our VP of Finance and Tax. Thank you.
(Applause.)
MR. SCHMIEDING: Yes, Arthrex still is a family business
because we're privately held, no outside investors, which allows us to
do special things to help surgeons treat their patients better, make
people better, and contribute to the well-being of our community
which is -- makes us very unique.
And one of my family members, my brother John, is the VP of
Legal; John Schmieding.
(Applause.)
MR. SCHMIEDING: We're all really a team. We're all friends.
We love working together to help this community. Some of the others
that contribute to that is Kevin Grife (phonetic), our VP of Logistics.
Kevin, please.
Page 13
March 8, 2016
(Applause.)
MR. SCHMIEDING: And our vice president of the southern
hemisphere. You mentioned, Leo, that 40 percent of our products are
exported around the world. That means fresh capital coming to Collier
County from around the world, and we don't really have to compete
against local businesses, so it's all fresh capital. So our growth is not a
detriment to someone else. I think that's an important point to
understand.
And, you know, building that international business is led by
Alex Seifert, you know, in the southern hemisphere.
(Applause.)
MR. SCHMIEDING: So it's been an amazing 25 years. We're
considered the largest sports medicine company in the world. It's quite
a feat, and we're not done yet. We're still growing about 15 to 20
percent a year with 300 to 400 new employees per year planned for the
next five to 10 years.
So we're really excited to be a leading company and to show the
world that economic diversification in Florida, manufacturing in
America, and being competitive around the world can happen right
here in Collier County.
(Applause.)
MR. SCHMIEDING: So I thank you all again for this honor. It's
a pleasure working here. We originally came here because of the
quality of life this community offered for employees, for our visitors,
and for my family. And that has continued to be one of the primary
reasons why we're growing and prospering in this area.
And then contributing to medical tourism with over 10,000
healthcare professionals coming to our community, and that is going to
grow to potentially 15 to 20,000 a year in the next coming years, you
know.
So I think we're redefining what medical tourism really means.
Page 14
March 8, 2016
It's not coming here when you're sick. It's coming here when you want
to learn, and this is a great place to attract people from around the
world, because the quality of this community that you've protected for
25 years has allowed us to do that.
So keep doing that great work. Protect the quality of our
community. That's our special little advantage that we have over other
areas. That's why we're here, and that's why people want to come visit.
So we appreciate all your work on maintaining the quality of our
community.
Thank you.
COMMISSIONER NANCE: Mr. Schmieding?
(Applause.)
COMMISSIONER NANCE: Mr. Schmieding, I'd like to make a
couple of remarks, sir. The success of your company and your
tremendous achievement in an industry that is so competitive and
based on speed to market and high-tech -- you know, we have an
expression in the south here that says it ain't bragging if you can do it.
And, you know, you have certainly demonstrated that, but let me
tell you something that I think is equally important, and everybody
knows this, but you need to be recognized for this.
Not only have you had tremendous success in your field, but you
have developed such a tremendous corporate culture. The treatment of
your employees, the social responsibility and community responsibility
of your company is what really makes Arthrex extraordinary, sir. And
through your leadership and guidance, that is what puts Arthrex as the
gold standard here. And we really need to thank you for that entire
package. It's your success in so many areas.
So I personally thank you, and this community thanks you for
being able to show people how to get it done. Thank you, sir.
(Applause.)
CHAIRMAN FIALA: Mr. Schmieding, come on up. I want to
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March 8, 2016
say hi to Donna Brown. She just sits there quietly.
I have this little Kleenex here only so it doesn't get all
fingerprinted, and I have a box for it. Thank you so much.
I have some other things, so I want to give them to you as well.
MR. OCHS: If you'd all stay right there for one more minute, Mr.
Schmieding. If you don't mind, we're going to bring up our partners
now from the Greater Naples Chamber of Commerce who have
presented you with the Collier County Business of the Month award
for 2016.
We have our new President and CEO of the Chamber, Michael
Dalby; Kristi Bartlett, Vice President of Opportunity Naples with the
Chamber; Andrea Sturzenegger, Vice President of Marketing and
Membership with the Chamber.
Finally, now, if I could just have Mr. Schmieding and the
members of the Board come on down from the dais for one photo. We
don't get many chances here, so we want to get it all done.
MR. SCHMIEDING: You've got to get back to work.
MR. OCHS: Thank you, sir.
All right. I'm sorry.
COMMISSIONER TAYLOR: I've asked Mr. Schmieding to talk
a little bit about his relationship with FGCU before we finish.
MR. OCHS: Very good. Hold on, sir.
COMMISSIONER HILLER: You know what, Leo, can I make a
suggestion? Can you come up and take a picture with us, because we
couldn't get any of this done without you.
MR. OCHS: Boy, I didn't even shine my shoes.
COMMISSIONER HILLER: Nick, you should come up.
CHAIRMAN FIALA: Don't put his shoes in the picture.
COMMISSIONER HILLER: And I understand that Reinhold's
photographer likes symmetry, so it would be very wrong not to have
you up here. And, really, thank you to our entire team of top
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March 8, 2016
management and all of our staff.
COMMISSIONER NANCE: So we can't have Nick stand next to
the Chair.
MR. SCHMIEDING: Yeah. With that said, I'd like to also thank
all the support within county management. We couldn't be here
without you. You've done what you could to incentivize us, to help us.
I know it's limited, but we do appreciate all those efforts, right? And
that's the spirit that really -- that inspires us to invest and grow in
Southwest Florida. I know that will continue in the future.
One thing we're very proud of, and Commissioner Taylor asked
me to discuss, is the impact we have on our children in Collier County.
Number one, I think Arthrex is a great example of what --
children in our community can aspire to come back to our community
and have a high challenging career here in Collier County.
I think, historically, we've lost a lot of our children that felt they
needed to go somewhere else, you know, to go to college and then
eventually pursue a career. And now I think with the STEM classes
we're impacting -- we gave free iPads to all of our high schools here in
Collier County to encourage the STEM classes, you know, so we can
potentially recruit, you know, engineers and technical skilled
community leaders in the future right from our community.
We've invested heavily in FGCU in the Engineering Department.
A lot of our engineers go there on a regular basis to lecture those
students. We employ their interns, our co-ops, and we recruit up to 50
percent or more of their graduates every year to work for Arthrex full
time, you know. So I think that does help our university, and we will
continue to do more.
We invested in their biomechanics lab, so we do a lot of research
together with FGCU in some of the future treatments of not only the
sports medicine, but Arthrex is on the verge of successful treatments
for osteoarthritis using biologics. I don't know if you're aware of that.
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March 8, 2016
But any of you that have arthritis, you will probably be treated some
day with technology that's been researched and developed right here in
Collier County and will eliminate --
COMMISSIONER NANCE: I need another --
MR. SCHMIEDING: And, frankly, I've had 10 different sports
injuries, and two of them that are arthritis, and I've been treating with
biologic treatments that we have at the company, and my symptoms
are gone.
So not only is it surgery that's going to potentially help you in the
future, but biologics such as stem cells and platelet therapy are really
exciting frontiers that we're leading in our industry in terms of research
and development, so that's all happening right here in Collier County,
so...
(Applause.)
MR. OCHS: Thank you very much.
Madam Chair, we're going to take a quick five-minute break to
say goodbye to our guests, and then we'll resume the meeting. Thank
you.
(A brief recess was had.)
CHAIRMAN FIALA: Well, that was a lot of fun, wasn't it?
What a nice way to start a meeting. Wow.
Item #2A
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 — MOTION TO
CONTINUE ITEM #4E TO THE FIRST BOARD MEETING N
APRIL SO ALL EMERGENCY SERVICE PERSONNEL CAN
PARTICIPATE AND TO ALLOW FLORIDA'S CHIEF
Page 18
March 8, 2016
FINANCIAL OFFICER JEFF ATWATER TO PRESENT THE
PROCLAMATION — APPROVED; MOTION TO APPROVE THE
AGENDA AS AMENDED — APPROVED
MR. OCHS: Madam Chair, that takes us back to Item 2, and that
is setting the agenda for today.
Madam Chairman, I have two proposed agenda changes for your
meeting today. The first is to move Item 16E5 from your consent
agenda to become Item 11E on the regular agenda, and that was moved
at Commissioner Taylor's request.
And the only other change on the change sheet this morning is to
-- at least my change sheet -- is to move Item 16F4 to become Item
11F, and that item was moved also at Commissioner Taylor's request.
Those are the only changes I have this morning, Commissioners,
except for the reminder, again, to ask the Board to declare the
expenditures listed in Item 16J1 as serving a valid public purpose and
approve those expenditures for payment by the Clerk of the Circuit
Court.
CHAIRMAN FIALA: Thank you.
MR. OCHS: That's it, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Henning, do you
have any changes, additions, corrections on this consent agenda or
even any ex parte?
COMMISSIONER HENNING: None of the above.
CHAIRMAN FIALA: Okay. Very good.
Commissioner Taylor?
COMMISSIONER TAYLOR: No. Everything is fine, yeah.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes, ma'am. I have no ex parte;
however, I, earlier in the week, sent a one-way communication to
Commission and staff because I believe that we have an unfortunate
Page 19
March 8, 2016
oversight on Proclamation 4E.
And while it's -- I think it fails to include some of the other
agencies who also demonstrate the great accomplishment that is
proposed to be honored in this proclamation.
So I am going to make a motion that we continue Item 4E to
allow time to include other cooperating emergency service agencies
across the county in the proclamation and arrange to have appropriate
representatives to attend and also receive recognition.
COMMISSIONER HILLER: Commissioner Fiala, can I
comment on that?
CHAIRMAN FIALA: Who's first on here? I don't see --
COMMISSIONER NANCE: There's a motion.
COMMISSIONER TAYLOR: You don't need me anymore.
CHAIRMAN FIALA: Okay. And you're not on this other?
COMMISSIONER TAYLOR: No.
CHAIRMAN FIALA: Okay. Yes, Commissioner Hiller.
COMMISSIONER HILLER: Commissioner Nance, I think
you're absolutely right, and I have really great news for everybody.
The chief financial officer of the state, the fire marshal of the state, one
and the same, Jeff Atwater, was the one who presented the award to
our agencies, to North Naples Fire, recognizing them as the number
one training facility in the state of Florida and recognizing one of the
fire inspectors from the city of Naples as the number one fire inspector
in the state of Florida. Such exciting news.
And I had the honor of being there when these awards were
presented. I was up in Tallahassee at that time. And Jeff Atwater is
going to be here, and he's going to present it in front of the Board. And
he would like to --
CHAIRMAN FIALA: You mean at a later date?
COMMISSIONER HILLER: Yes. It's going to be in April, the
first meeting in April. I'll give you his contact information. He
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March 8, 2016
introduced me to his -- you know, his chief coordinator, and he wanted
to be here.
In fact, when he made his presentation, he said, you know, I wish
the members of the various boards of the various counties that were
recognized were here. And he was very happy that I could be there,
and I was very honored to be there to recognize North Collier Fire and
the City of Naples Fire for their accomplishment.
CHAIRMAN FIALA: So is that a motion to approve?
COMMISSIONER HILLER: Yeah. I'll make -- yeah, it's a
motion to -- it's a motion -- it's a motion to second the continuance to
the first meeting in April to allow for Jeff Atwater to come down and
present these honors to the honorees in front of the Board of County
Commissioners, in front of all of Collier County. It is --
CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: -- so exciting.
So thank you very much for suggesting it, and it is absolutely
outstanding. And for us to have the CFO come down here specifically
to honor --
CHAIRMAN FIALA: I don't think we need to --
COMMISSIONER HILLER: -- is incredible.
CHAIRMAN FIALA: -- put it in April anymore. You just did it
all.
COMMISSIONER HILLER: Thank you. Thank you. So thank
you very much, Commissioner Nance. Good job.
CHAIRMAN FIALA: Okay. We have a motion and a second.
All in favor, signify by saying.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
Page 21
March 8, 2016
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. So that will then be moved to
the April meeting.
And let's see. Any other things that you would like to add,
subtract, or multiply on this agenda?
COMMISSIONER NANCE: Nothing else, ma'am. I've done all
the math.
CHAIRMAN FIALA: Okay, fine.
And, Commissioner Hiller?
COMMISSIONER HILLER: Oh, no. I'm quite happy with
everything.
CHAIRMAN FIALA: Okay, very good. And same with me. I
have nothing to declare, nothing to add, nothing to change.
All in favor of approving the agenda as it stands?
COMMISSIONER NANCE: So moved --
CHAIRMAN FIALA: Okay. Everybody?
COMMISSIONER NANCE: -- as amended.
CHAIRMAN FIALA: Oh, as amended, yeah.
COMMISSIONER HILLER: I'll second it.
CHAIRMAN FIALA: You changed -- okay.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. You know, we just
had elected officials and officials from North Collier Fire Department.
It's a shame that if commissioners had concerns about this, continuing
it till the CFO got down here, they should have communicated that to
them, but their time is valuable just like our staff
COMMISSIONER HILLER: That's very considerate of you,
Commissioner Henning. I think that's a point well made. Thank you
for saying that.
CHAIRMAN FIALA: So, Commissioner Nance, would you like
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March 8, 2016
to speak on that? Commissioner Henning just said --
COMMISSIONER NANCE: No. I think we need -- you know,
my thoughts were to be as inclusive as possible. We have a
tremendous story to tell here in Collier County. If we have additional
people that are going to come down and participate, so much the
better.
So I say -- you know, I just thought it was appropriate to continue
the item and to try to --just to let people know what's going on across
the county, because it's a tremendous story, and it's worth telling.
COMMISSIONER HILLER: Yep, absolutely. And I hope the
news media picks up the recognition now as these people properly
deserve it now, and then we'll recognize them in front of the Board in
April with Jeff Atwater right here in our county, which is an honor in
and of itself.
CHAIRMAN FIALA: So then let's -- the motion that is kind of
on the floor, Commissioner Henning, would you like to change that
motion?
COMMISSIONER HENNING: Motion to approve today's
agenda as amended.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. We move forward then.
Page 23
March 8, 2016
Item #2B
MINUTES FROM THE FEBRUARY 9, 2016 BCC REGULAR
MEETING — APPROVED AS PRESENTED
MR. OCHS: Yes, ma'am. Item 2B is the approval of the regular
meeting minutes from the February 9, 2016, board meeting.
COMMISSIONER NANCE: Move to approve.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Second.
All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Item #4
PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING MARCH 19, 2016 AS SAVE
THE FLORIDA PANTHER DAY IN COLLIER COUNTY.
ACCEPTED BY TOM TROTTA, AMBER CROOKS AND MAC
HATCHER, REPRESENTING THE FRIENDS OF THE FLORIDA
Page 24
March 8, 2016
PANTHER REFUGE; AND JESS SUTT REPRESENTING THE
FLORIDA PANTHER NATIONAL WILDLIFE REFUGE —
ADOPTED
MR. OCHS: Madam Chair, that takes you to proclamations this
morning.
Proclamation Item 4A is a proclamation designating March 19,
2016, as Save the Florida Panther Day in Collier County. To be
accepted by Amber Crooks and Mac Hatcher representing the Friends
of the Florida Panther Refuge, and Jess Sutt representing the Florida
Panther National Wildlife Refuge. If you'd please step forward and
receive your proclamation.
(Applause.)
MS. CROOKS: Thank you.
MR. OCHS: Could we get a photo, please.
(Applause.)
MS. CROOKS: Good morning. I'm Amber Crooks. I'm here on
behalf of Friends of Florida Panther Refuge, and thank you for
recognizing Save the Florida Panther Day.
The state of Florida, as well as the county, has recognized this
third Saturday in March to highlight this species as part of our Florida
ecosystem and our state's official mammal.
As you know, the Florida panther is an umbrella species, and so
by protecting the panther we are also protecting many other species as
well as lands that are important to humans.
This day is celebrated at the Florida Panther National Wildlife
Refuge here in Collier County with an open house. The open house
will be held on April 30th from 8 p.m. till 1 p.m. This date has been
recently rescheduled due to the wet winter we've had and the high
water levels out at the refuge.
The event will include educational lectures, food, fun, and
Page 25
March 8, 2016
activities in Florida panther habitat.
So thank you for recognizing Save a Florida Panther Day and
hope to see you out there at the refuge next month, April 30th. Thank
you so much.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MARCH 17- 27, 2016 AS THE
40TH ANNUAL COLLIER COUNTY FAIR AND 4-H SHOW &
AUCTION DAYS. ACCEPTED BY PAT COOKSON, LOU
HOEGSTED, SHANNON HUBBEL, AND NICO VITALE —
ADOPTED
MR. OCHS: Item 4B is a proclamation designating March 17th
through the 27th, 2016, as the 40th Annual Collier County Fair and
4-H show and auction days. To be accepted by Pat Cookson, Lou
Hoegsted, Shannon Hubbel, and Nico Vitale. If you'd please step
forward and receive your proclamation.
(Applause.)
CHAIRMAN FIALA: Tell Lou I said hi, would you? This will
be fun.
MR. OCHS: Come on over in the middle, Pat, with that
proclamation. There you go. Fantastic.
(Applause.)
COMMISSIONER NANCE: Tell us a little bit about a fair.
Make a couple remarks here, and get us psyched up for this. This is
the 40th anniversary, yeah?
UNIDENTIFIED SPEAKER: That's right. We've been here, this
will be our 40th year. The fair will be March 17th through the 27th.
We open at 6 o'clock in the evening on weekdays and one o'clock in
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March 8, 2016
the afternoon on weekends. It's going to be great. We've got more
entertainment lined up this year than we've ever had before. It's going
to be bigger and better than ever, so come on out to the fairgrounds.
COMMISSIONER NANCE: When's the ribbon cutting, now,
and official opening day?
UNIDENTIFIED SPEAKER: That's going to be Friday, the first
Friday, March the 18th.
COMMISSIONER NANCE: Okay.
UNIDENTIFIED SPEAKER: Five p.m.
COMMISSIONER NANCE: Five p.m. We're going to have a
ribbon cutting.
UNIDENTIFIED SPEAKER: Absolutely. And you're all
invited, of course.
COMMISSIONER NANCE: Let it rock and roll.
UNIDENTIFIED SPEAKER: And we're going to have a few
h'ordeurves and various things.
COMMISSIONER NANCE: There we go. Absolutely. Thank
you so much.
UNIDENTIFIED SPEAKER: Thank you very much.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MARCH 13-19, 2016 AS
SUNSHINE WEEK IN COLLIER COUNTY AND DECLARING
OUR COMMITMENT TO OPEN AND ACCESSIBLE
GOVERNMENT. ACCEPTED BY MIKE SHEFFIELD,
REPRESENTING COLLIER COUNTY GOVERNMENT;
CRYSTAL KINZEL, REPRESENTING THE COLLIER COUNTY
CLERK OF COURTS; ANDREA LEWIS REPRESENTING THE
COLLIER COUNTY SHERIFF'S OFFICE; VICKIE DOWNS
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March 8, 2016
REPRESENTING THE COLLIER COUNTY PROPERTY
APPRAISER; ROB STONEBURNER, REPRESENTING THE
COLLIER COUNTY TAX COLLECTOR; AND MELISSA
BLAZIER, REPRESENTING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS — ADOPTED
MR. OCHS: Item 4C is a proclamation designating March 13th
through the 19th, 2016, as Sunshine Week in Collier County, and
declaring our commitment to open and accessible government. To be
accepted by Mike Sheffield, representing Collier County Government;
Crystal Kinzel, representing the Collier County Clerk of Courts;
Andrea Lewis, representing the Collier County Sheriffs Office; Vickie
Downs, representing the Collier County Property Appraiser; Rob
Stoneburner, representing the Collier County Tax Collector; and
Melissa Blazier, representing the Collier County Supervisor of
Elections.
If you'd all please come forward and receive your proclamation.
(Applause.)
COMMISSIONER HILLER: Transparency in government is
paramount in the interest of the public, and it's really nice to see that all
government agencies in Collier County state their commitment to
really being accessible and providing open government to our
constituents.
I look forward to next year and hope that all the agencies that
stood before us today and made the pledge that they were committed to
full transparency actually put their money where their mouth is and do
it. The public deserves it. We need it. That's what creates good
government. So thank you.
Item #4D
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March 8, 2016
PROCLAMATION DESIGNATING MARCH 2016 AS BICYCLE
AWARENESS AND SAFETY MONTH IN COLLIER COUNTY.
ACCEPTED BY MEMBERS OF THE NAPLES PATHWAY
COALITION — ADOPTED
MR. OCHS: Item 4D is a proclamation designating March 2016
as Bicycle Awareness and Safety Month in Collier County. To be
accepted by members of the Naples Pathway Coalition. If you'd please
step forward and receive your proclamation.
(Applause.)
MR. NEALE: I'd just like to thank the commissioners and the
staff for recognizing this as Bicycle Awareness and Safety Month.
I'm Pat Neale, the Co-president of the Naples Pathways Coalition.
Unfortunately, our Executive Director, Beth Brainard, couldn't be here
today because she's recovering from surgery, so we wish her well.
We do appreciate this and, certainly, I think one thing that we're
trying to promote as members in the Naples Pathways Coalition with
our 300-plus members, going to a thousand hopefully in the next year,
is the whole issue of bicycle awareness and safety, not just for the
people that you see out there riding fast down the side of the road in
their spandex, but for everybody that uses bicycles as some mode of
transportation either for recreation or for work.
And one of the issues that we're really working on as part of the
Naples Pathways Coalition is concentrating on the people who use
bicycles as their primary or secondary mode of transportation. And so
we're trying that with our Lights for Bikes Program and for just the
general awareness and just -- my final message to everybody is
remember three feet, please. We've got -- you're supposed to give
three feet of clearance.
And then one more note is a thanks, great thanks to
Commissioner Hiller for her efforts in Tallahassee this past session to
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March 8, 2016
getting much stronger bicycle protection law passed and on the books
so that when someone runs over a cyclist, he just doesn't get charged
with a careless driving ticket and gets to get away with it.
So thank you again, Commissioner Hiller, and thank you very
much for this, and we'll pass it along to the whole board. Thank you.
(Applause.)
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Patrick, thanks to you and the
Naples Pathways Coalition for everything you're doing for bicycle
safety. I can't tell you how much the whole community appreciates it.
You're absolutely right, it is about people using bicycles as their
primary means of transportation. This is not just about recreation. It's
about protecting all vulnerable users of the road and promoting shared
roads in Collier County and promoting connectivity as well.
I would like to ask Nick if you could please give Patrick one of
the folders that I brought back that includes all the information from
the Pedestrian and Bicycle Statewide Safety Council that I sit on. And
I hope that you review it with the Pathways Coalition. This is a big
deal, and it's very exciting. We are transforming as a community.
And just to let you know, when my son went to college, I
wouldn't give him his car, and he was very upset with me. He got
really mad. And he said, you know, everybody has a car. How come I
can't?
I said, well, you're going to have a bike. And so I forced him to
ride his bike everywhere. And in year two I allowed him to have his
car, and in year two he didn't use it and hasn't used it really till today
other than to drive back from Tallahassee to visit me.
So it really is a great way to get around. It's healthy, it's
inexpensive, it's great for the environment, and it's a great lifestyle.
COMMISSIONER NANCE: Now, Commissioner Hiller, you
just fell in love with his Jeep. I saw you buy that, and then you kept it.
Page 30
March 8, 2016
COMMISSIONER HILLER: Well, all right. Well --
COMMISSIONER NANCE: Let's tell the truth, come on. You
did look pretty good in the Jeep, and he never got it back.
COMMISSIONER HILLER: Yeah. Well, I have to admit, there
is some truth to that. I don't like to state it publicly, but if I must.
You're right. I do love his Jeep, I really do love his Jeep, but I love the
fact more that he is completely committed to cycling.
And, actually, you know, to that end, do you want to quickly
throw in a line for the ride across the state of Florida and what we're
doing to raise money for children who are hungry? I would appreciate
that, because I really think the whole community needs to know about
this initiative.
MR. NEALE: Yeah. This weekend there's the Pan Florida Ride
which is going on, which is a group of cyclists. We had an event, a
fundraising event for Naples Pathways Coalition last evening, and a
number of the people that were there were actually going to be doing
the ride. It's people riding a hundred and -- I think it's now a total of
173 miles in two days across the state of Florida, 106 miles on the first
day and the balance on the second day, solely to raise money for
hungry children and to raise awareness, and it's really a -- it's a pretty
impressive ride. They've done it every year for the past several years,
and this year they've got the biggest turnout ever.
COMMISSIONER HILLER: My son is going to be in that as
well. And, also, can you mention the ride of the three riders who are
riding their bikes from here to DC against domestic violence?
MR. NEALE: Yep. And you can probably speak to that as well,
if not better than I can. But, yeah, there's a group of riders that are
riding from here to DC to raise money for -- combats domestic
violence. There's all kinds of rides that do raise funds for a whole
variety of charities.
We've got the Miracle Limbs Ride coming up shortly, later this
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March 8, 2016
month which raises money for people who get prosthetic devices, and
so there's a lot of different charities that cyclists raise money for aside
from the fact that it is, as Commissioner Hiller says, a mode of
transportation for a lot of our people, and I think that's one of the
things that certainly we're working with county staff and everybody
else and the Sheriffs Department and everyone to try and -- try and
make sure that there's better awareness of cyclists who are out there
that are just trying to get from Point A to Point B.
And, you know, our whole goal in Naples Pathways Coalition is
not just cyclists but also, the way I describe it, everyone who uses
nonmotorized transportation, which includes cycles and your feet. So
if you're walking or jogging, we're trying to make the pathways safe
for them as well.
Thank you.
COMMISSIONER HENNING: Move to approve today's
proclamations as --
MR. OCHS: Sir, we have one more.
COMMISSIONER HENNING: We do? I thought we were
done.
MR. OCHS: I'm so sorry.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: So, Commissioner Nance --
COMMISSIONER NANCE: I've got one more comment on this
topic. I think it's very important, you know, since we have -- we have
some pretty aggressive road construction projects in a couple places of
the county in -- particularly in the east. We've got this long awaited
improvement of County Road 951/Collier Boulevard, and then we
have the extension of Golden Gate Boulevard, the four-laning of it
going east.
And I would like to ask staff to make a special effort. I travel
these roads each day, and each day early in the morning and around
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March 8, 2016
dusk I notice bicyclists who are using bicycles as their primary mode
of transportation trying to navigate these very constrained pinchpoints,
and we're going to -- we really -- with the traffic we've got now, heavy
volume, people that don't necessarily know where they're going,
they're unfamiliar with the improvement of the project as well as other
full-time residents that are hustling east and west in the county, we
need to make a special effort for safety, because I just don't want to see
anybody injured under these circumstances.
And it's tenuous right now. I can tell you, I pass bicyclists every
day, and my heart is always in my throat because sometimes, you
know, I can barely see them. And Gail and I are going down the road
both looking for people, for pedestrians and bicyclists.
We've got to make an extraordinary effort here to make sure we
don't have a tragedy, because it is -- it's just a tough, tough situation for
everybody to manage. But everybody needs to be on their guard.
MR. OCHS: Yes, sir.
CHAIRMAN FIALA: Thank you.
Item #4G
PROCLAMATION HONORING THE WORK AND
CONTRIBUTIONS OF THOSE MEDICAL BUSINESSES AND
ORGANIZATIONS IN COLLIER COUNTY THAT ARE
DEDICATED TO MAKING COLLIER COUNTY A
DESTINATION FOR MEDICAL TOURISM. ACCEPTED BY DR.
ALLEN WEISS, CEO OF THE NCH HEALTHCARE SYSTEM,
REINHOLD SCHMIEDING, FOUNDER AND CEO OF
ARTHREX AND SCOTT LOWE, CEO OF PHYSICIANS
REGIONAL HEALTHCARE SYSTEM — ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 4G, which is a
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March 8, 2016
proclamation honoring the work and contributions of those medical
businesses and organizations in Collier County -- excuse me -- that are
dedicated to making Collier County a destination for medical tourism.
To be accepted by Dr. Allen Weiss, CEO of the NCH Healthcare
System, and Scott Lowe, CEO of Physicians Regional Healthcare. I
didn't see Scott this morning.
Dr. Weiss, thank you for being here.
(Applause.)
COMMISSIONER HILLER: Congratulations.
DR. WEI S S: Thank you. Continuing in the theme this morning
of helping people live longer, happier, and healthier lives and safety,
two weeks ago on Tuesday we hit the national news, NBC-2, USA
Today, as being the healthiest and happiest community, actually the
metropolitan statistical area, Naples, Marco Island, and Immokalee, in
the nation of 190 MSAs.
Had we been one -- had we been the saddest or sickest, I think it
would have been an entirely different set of headlines locally and a
feeling of what's happened.
So to thank everyone here, our colleagues in our community, the
Pathways folks, the people helping the environment and nature as we
all embrace healthier and better lifestyles.
NCH celebrated our 60th birthday this past Saturday, 4,000 folks.
One out of seven of our people who spend a night or more in the
hospital come from elsewhere from around the country as a medical
destination for hip replacements, knee replacements, open heart
surgery, but really we want to get out of the repair shop business and
get in the prevention business and get our whole community, our
whole county much healthier long term.
It's a 10-year project. We're just in the beginning. We're making
nice progress. We'd like to be as good and as healthy as some other
areas of the country that have embraced this as a statewide progress.
Page 34
March 8, 2016
Interestingly enough, others in the state, a Baptist in Pensacola, a
community up just south Jacksonville are also looking to do the same
thing, so perhaps there'll be a statewide initiative.
We've presented the program to Leadership Florida. They're
getting very interested in it. We've got other opportunities, not only
locally but statewide and nationally.
So long term, big time in terms of not only economic
development but helping people do the right thing as we increase our
life expectancy and changed our lifestyles.
So thanks very much for this recognition, and thanks, all of us, for
being part of a community. Thank you.
(Applause.)
CHAIRMAN FIALA: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Dr. Weiss, thank you so much for
what you and NCH are doing for the community. And you are
absolutely right, the state has taken note.
When I was up in Tallahassee, I spoke to a representative from
the State Department of Health, and they were thrilled to hear about
your Blue Zones initiative. I contacted you about that, and so has the
Department of Transportation through their, you know, pedestrian and
bicycle initiative.
I do believe this is going to be a statewide movement. It's very
exciting. And I think Collier County should know, besides the fact
that we're the happiest, we also have, as I understand, women who live
longer than anywhere else.
So with Reinhold's arthritis medicine and your lifestyle initiative,
us girls are just going to rule. I'm just going to say that. I mean, very
soon, I mean, this whole board is just going to be women because there
won't be any men left.
COMMISSIONER NANCE: I think that's fair warning, sir.
Page 35
March 8, 2016
COMMISSIONER HILLER: So thank you very, very much for
all you're doing for us. Appreciate it, at least as women.
CHAIRMAN FIALA: And with that, Commissioner Henning?
COMMISSIONER HENNING: Motion to approve today's
proclamations.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: And a second.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
Item #5B
RECOGNIZING RHEANNON KETOVER, CHEMIST, GROWTH
MANAGEMENT DEPARTMENT, AS EMPLOYEE OF THE
MONTH JANUARY 2016 — PRESENTED
MR. OCHS: Commissioners, that takes to Item 5B, and this is a
recommendation to recognize Rheannon Ketover, our Chemist in the
Growth Management Department, as Employee of the Month for
January 2016. Rheannon, if you'd please step forward.
(Applause.)
MR. OCHS: Congratulations.
MR. CASALANGUIDA: Congratulations.
COMMISSIONER HILLER: Congratulations.
Page 36
March 8, 2016
CHAIRMAN FIALA: Congratulations. We're so proud of you.
COMMISSIONER TAYLOR: It's only fitting with all this talk
about medicine. You're a chemist.
MS. KETOVER: I am.
COMMISSIONER TAYLOR: Congratulations.
MR. OCHS: While Rheannon's getting her photo taken, I'll tell
you a little bit more about her.
Rheannon's been a chemist in our pollution control area since
2012 in our Growth Management Department. She's always bringing
new ideas and her -- into her division, and she recently suggested a
new method to reduce waste and increase reuse of glass vials used for
field samples. Historically, these vials were disposed of after a single
use, but Rheannon was able to analyze the current process and suggest
a new method to clean and sanitize and reuse the vials. Her vision for
a better lab and in performing the necessary testing will save the
pollution control lab several thousand dollars per year.
In addition to her focus on cost savings and reuse, Rheannon is
very mindful of the environment and strives to make the difference
both in her life and in her career.
She is very deserving of this award, and it is my honor,
Commissioners, to present Rheannon Ketover as your Employee of the
Month for January 2016.
Congratulations, Rheannon.
(Applause.)
CHAIRMAN FIALA: Thank you so much.
MR. OCHS: Thank you.
COMMISSIONER NANCE: This came as a great surprise to me.
I did not actually realize that we had a chemist anywhere on staff.
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: So as one old chemistry guy to
another -- young lady in that field, I'll say HUA.
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March 8, 2016
COMMISSIONER TAYLOR: And a female, mind you.
COMMISSIONER NANCE: Absolutely.
COMMISSIONER TAYLOR: A female.
CHAIRMAN FIALA: I hope she heard -- did you hear him?
MS. KETOVER: I didn't.
CHAIRMAN FIALA: Oh. Say it one more time.
COMMISSIONER NANCE: I said, from one chemistry person
to another, ma'am, I did not know that you existed. As a chemist,
you're hiding in county government, but congratulations, and I just
wanted to say HUA.
MR. OCHS: Congratulations.
(Applause.)
Item #10A
RESOLUTION 2016-47: APPOINTING MANATEE ADVOCATE
APPLICANTS DAVID C. BOESCHE, NANCY J. ANDERSON,
NANCY J. RICHIE, SUSAN SNYDER AND MARILYN
TEMPEST — ADOPTED; MOTION TO APPROVE WATERWAY
USER APPLICANTS JAMES KALVIN, MICHAEL CROFTON,
CLIFFORD E. HOLLAND, JOSHUA MAXWELL AND JEREMY
STERK TO A COMMITTEE OF TEN (10) VOTING MEMBERS
TO PROVIDE LOCAL INPUT TO THE FLORIDA FISH AND
WILDLIFE COMMISSION (FWC) ON PROPOSED CHANGES
TO THE MANATEE PROTECTION ZONES IN COLLIER
COUNTY — ADOPTED
MR. OCHS: Commissioners, that takes us to Item 10 on your
agenda this morning, Board of County Commissioners.
Item 10A is a recommendation that the Board appoint a
committee of 10 voting members to provide local input to the Florida
Page 38
March 8, 2016
Fish and Wildlife Commission on proposed changes to the manatee
protection zones in Collier County.
COMMISSIONER TAYLOR: Okay. Can I take this? Can I
mention --
CHAIRMAN FIALA: You may begin.
COMMISSIONER TAYLOR: No, no, please. If we've been
reading the paper, we know that there's a huge concern within the City
of Naples, specifically Mooring Bay, about boat speeds and the
concern with the manatees and also just the safety issue.
I asked staff to give us the maps of where these manatee zones
are. And I was looking at a lot of them, and I'd say the city of Naples
is probably, well, one of the few areas that manatee zones are in
existence that are surrounded by residential. So I think there's a real
concern right now of what we're doing and where we're going.
So, you know, on that note, I would like to nominate -- and,
Madam Chair, I don't know how you're going to go through this.
CHAIRMAN FIALA: Well, what they've asked for is for each
commissioner to nominate one person for manatee and one for boating
or water from their district, and then if they don't have one, I think we
can add others. I know I have a second one I'd like to nominate as
well.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Do you have anything to say, Leo?
MR. OCHS: No. Only that you're not necessarily restricted to
recommending a member from your own district. What we asked was
each commissioner make a recommendation for both the waterway
user and the environmental manatee advocate categories. It doesn't
matter, necessarily, what district they're from.
COMMISSIONER HILLER: Oh.
MR. OCHS: But we need five of each.
CHAIRMAN FIALA: So I guess I was just trying to make sure
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March 8, 2016
we got a balance first --
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: -- so everybody has an opportunity.
MR. OCHS: And we have the chart of the applicants up on your
screens. You can see, I believe, you only have five applicants in the
manatee advocate category, so that should be pretty easy to do.
CHAIRMAN FIALA: Well, if there's only five, we could just
sweep the house with them, then, I guess.
COMMISSIONER HENNING: I agree. I'll make that motion.
CHAIRMAN FIALA: Okay. And do I hear a second?
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second to
take the five -- the five applicants for the manatee advocate.
And I don't know if I can pronounce this correctly. David
Boesche; Nancy Anderson, who teaches about manatees; Nanny
Richie, who introduced me to my first manatee; Susan Snyder.
COMMISSIONER TAYLOR: Was it a cordial meeting?
CHAIRMAN FIALA: Yes. It was a nice meeting. And she had
her baby there, too.
And Marilyn Tempest. So those were the five applicants. I've
had a motion and a second.
Any conversation on those motions?
(No response.)
CHAIRMAN FIALA: Then I say, all in favor, signify by saying
aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
Page 40
March 8, 2016
(No response.)
MR. OCHS: Thank you.
CHAIRMAN FIALA: Good. We've got the five.
COMMISSIONER HENNING: Okay. I make a motion to
appoint Jim Kalvin from District 3 --
CHAIRMAN FIALA: Oh, I knew you'd do that. Good.
COMMISSIONER HENNING: -- as a waterway user.
CHAIRMAN FIALA: Yeah. Oh, he's good. Okay.
COMMISSIONER TAYLOR: I'd like to make a motion to
nominate Michael Crofton, please.
CHAIRMAN FIALA: Michael Crofton.
COMMISSIONER TAYLOR: Crofton, yes.
CHAIRMAN FIALA: I'd like to make a motion to nominate
Joshua Maxwell. I do not know him, but I read all of his background
here, and his family has lived here since the '50s and has been boating
all that time, so -- you might know him. He's in your district.
COMMISSIONER NANCE: Yes, ma'am. I will completely
defer to the coastal commissioners on this item to select the remainder
of the representatives. I feel very comfortable on your judgment on
this item.
CHAIRMAN FIALA: Okay. So we have three nominations.
COMMISSIONER TAYLOR: I'd like to nominate Clifford
Holland, please. Again, he's not a manatee advocate, but he is a
boater.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Hang on a second. Are we
supposed to each nominate one?
CHAIRMAN FIALA: Well, we're just seeing if we get --
MR. OCHS: Yes.
CHAIRMAN FIALA: Go ahead. Nominate one.
COMMISSIONER HILLER: I like who you nominated, Joshua
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March 8, 2016
Maxwell, but can we go over who's been nominated, because I thought
we were each supposed to nominate one.
CHAIRMAN FIALA: We were, but we were just --
COMMISSIONER HILLER: I would like to nominate one, but I
just want to know -- I just want to go over the names of who has been
COMMISSIONER TAYLOR: We have one left to be
nominated.
MR. OCHS: So far we have Mr. Kalvin.
COMMISSIONER HILLER: Mr. Kalvin.
COMMISSIONER TAYLOR: James Kalvin.
MR. OCHS: James Kalvin.
CHAIRMAN FIALA: He's the guy we see here all the time
who's really involved.
COMMISSIONER HILLER: Yeah, yeah.
MR. OCHS: Michael Crofton.
COMMISSIONER HILLER: Yeah.
MR. OCHS: Joshua Maxwell.
COMMISSIONER HILLER: Yep.
MR. OCHS: And I believe Clifford Holland was another
applicant that was put in --
COMMISSIONER HILLER: So I'm just looking --
MR. OCHS: -- the nomination.
COMMISSIONER HILLER: -- at who's left. John Psaras.
MR. OCHS: You have Jeremy Sterk, you have John Psaras, and
you have Daniel Mulheran. Those seem to be the three others,
Commissioner.
COMMISSIONER HILLER: Yeah. I was going to nominate
Joshua Maxwell also. So, Commissioner Fiala, was there anyone else
that you like besides him of the ones that are left?
CHAIRMAN FIALA: You know, Jeremy Sterk leaped to mind.
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March 8, 2016
I think he's been pretty active in that industry.
COMMISSIONER HILLER: And I like the fact that he's been on
Conservation Collier and DSAC. He's got the perspective of the
conservation as well as DSAC, so I'll nominate Jeremy Sterk.
MR. OCHS: Great.
COMMISSIONER HILLER: Thank you.
MR. OCHS: Madam Chair, we have five.
COMMISSIONER HENNING: Close the nominations.
MR. OCHS: Nominations.
CHAIRMAN FIALA: Did you say -- did you say motion to
approve the nominations?
COMMISSIONER HENNING: I said close the nominations.
COMMISSIONER NANCE: I will second that so we can go
forward.
CHAIRMAN FIALA: Okay. Very good. We have 10 nominees.
It seems everybody is in agreement on them. So may I have a motion
to approve all 10.
COMMISSIONER NANCE: Move approval of the nominees as
discussed.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. Motion and a second.
Any further conversation on this?
(No response.)
CHAIRMAN FIALA: Then with that, all in favor, signify by
saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
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March 8, 2016
(No response.)
MR. OCHS: Thank you, Commissioners.
Item #1 1 A
AWARD INVITATION TO BID (ITB) NO. 16-6573 TO DEC
CONTRACTING GROUP, INC. IN THE AMOUNT OF $2,512,853
FOR CONSTRUCTION OF THE CCSO ORANGETREE
SUBSTATION, AND AUTHORIZE THE CHAIRMAN TO
EXECUTE THE ATTACHED CONTRACT — APPROVED
MR. OCHS: We move now to Item 11, County Manager's report.
Item 11A is a recommendation to award an invitation to bid to Deck
Contracting Group in the amount of$2,512,853 for the construction of
the Collier County Sheriffs Office Orangetree substation, and Mr.
Hank Jones from your Facilities Management Division is prepared to
make a presentation or answer questions of the Board. The Board's
pleasure.
COMMISSIONER HILLER: I'd like to make a motion to
approve for the substation.
COMMISSIONER NANCE: I will second it.
COMMISSIONER HILLER: Thank you so much. This is, like,
16 years in the making, and I'm really excited to see this done. This
was a necessary project. And I appreciate Leo and staff for finally
bringing it forward and finding the funding to get it done.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER HILLER: And the next thing -- the next thing
we need to get done is that forensics building because we have a real
problem with the safeguarding of the custody of evidence which, as
you knowledge, is critical to all the trials.
CHAIRMAN FIALA: Commissioner Nance?
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March 8, 2016
COMMISSIONER NANCE: Yes. So very much needed, long
awaited, and anticipated. Thanks to all the Board of County
Commissioners for the support of the additional monies earlier in the
budgetary process to get this going. Everybody is very excited about
it, and I think it's going to be a great facility in an area where growth is
really going to pop, so it's going to be much, much needed. Thank
you.
COMMISSIONER HILLER: Absolutely.
CHAIRMAN FIALA: Boy, this is a unanimous thing, isn't it?
It's wonderful. So I have a motion on the floor and a second.
Okay. Any further conversation?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good, 5-0. Thank you.
MR. OCHS: Thank you, Commissioner.
MR. JONES: Thank you.
MR. OCHS: Appreciate it.
Item #1 1 B
THE CREATION OF SIXTEEN (16) ADDITIONAL FULL-TIME
EQUIVALENT POSITIONS IN THE GROWTH MANAGEMENT
DEPARTMENT IN RESPONSE TO INCREASED CUSTOMER
DEMAND. THE PROPOSED POSITIONS WILL BE FUNDED
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March 8, 2016
WITH CURRENT USER FEE RESERVES, REQUIRE NO
ADDITIONAL FEES, AND HAVE NO IMPACT ON THE
GENERAL FUND — APPROVED
MR. OCHS: Item 11B is a recommendation to authorize the
creation of 16 additional full-time positions in the Growth
Management Department in response to increased custom demand.
Jamie French, your Deputy Department Head for Growth
Management, will present.
MR. FRENCH: Good morning, Commissioners. Jamie French,
for the record. I'm here to answer any questions that you might have of
me.
COMMISSIONER NANCE: Sir, excuse me. Go ahead, Madam
Chair.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER NANCE: No. We've got Commissioner
Henning and Commissioner Hiller.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. Good morning. I saw
your PowerPoint presentation as far as the backup material and the
changes that we're seeing.
Now, you have a subcontractor reviewing permit applications,
and I believe the same subcontractor does the inspections; is that
correct?
MR. FRENCH: We do use a subcontractor, Nova Engineering,
that they're called in only when there's a staff shortage if we see a spike
in demand so that we can provide immediate assistance to our client,
that's correct.
COMMISSIONER HENNING: So what percentage are you
using the subcontractor now?
MR. FRENCH: We're maintaining -- currently we're maintaining
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March 8, 2016
-- of the for instance, 38, 40 inspectors, we maintain, full-time, four
Nova inspectors. We would get more, but that's all they have to offer
in this community.
COMMISSIONER HENNING: Okay. So there's -- there's no
ability to have them do more work?
MR. FRENCH: No, sir. We've struggled with just finding the
personnel even through the subcontractor. Essentially what happens is
that because they are statewide, they'll bring staff down, and they're
only here for a temporary basis. It's not a long-term fix.
COMMISSIONER HENNING: What's the -- what's the cost
benefit of hiring employees instead of using the subcontractor? What
do they charge?
MR. FRENCH: Well, the average cost of an employee, an
inspector that's currently on, is about $25 an hour. Nova charges about
$65 an hour, so we don't make money. We probably lose money off
using the subcontractor; however, it does provide immediate relief to
the client and it also maintains the level of service that this board has
set.
COMMISSIONER HENNING: Right, yeah. We've set the level
of service and the customer expectations.
Then why are we using Nova at all?
MR. FRENCH: Again, it's a staff augmentation contract, and in
order to approve the FTEs, we need to come back to this board, which
we do periodically. Now, I would tell you that in the event of a
slowdown, Nova would be the first employees that we would no longer
use. There's no guarantee to Nova that we will use them. That's
simply just a contract that we keep as a contingency.
COMMISSIONER HENNING: You use them 25 percent of the
time?
MR. FRENCH: We are using four full-timers for this entire --
well, for this calendar year, and probably about six or eight months of
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March 8, 2016
last year.
COMMISSIONER HENNING: At $65 an hour versus --
MR. FRENCH: That's correct. And that is -- that was the
cheapest bidder, sir.
COMMISSIONER HENNING: Well, I would imagine it would
be, but it appears that we can do the work cheaper in-house than we
can having a subcontractor. So why don't we move that way? Do you
have enough space for them, for employees?
MR. FRENCH: Well, we do have a space issue at our building.
There's no doubt that we're not full again; however, what this move --
for what this suggested move for your consideration --
COMMISSIONER HENNING: I agree with this one.
MR. FRENCH: Okay.
COMMISSIONER HENNING: That really makes sense, but
based upon what you're telling us, it makes more business sense to do
it in-house. So how do we get there, you know?
MR. OCHS: We get there through the budget process, sir. This
summer we can complete that analysis and if in fact, it's more cost
effective to recommend to you that we bring some more of this effort
in-house --
COMMISSIONER HENNING: Okay.
MR. OCHS: -- than on a contract basis, we'll make those
recommendations when we see you in June for the budget workshop, if
that's a soon enough time period for you.
COMMISSIONER HENNING: That's fine. It gives us time to,
you know, analyze it completely --
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: -- and bring back some
recommendation.
MR. OCHS: Yeah. I appreciate the suggestion. Thank you.
COMMISSIONER HENNING: Okay.
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March 8, 2016
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER HENNING: Thanks. I'll make a motion to
approve.
MR. FRENCH: Thank you.
CHAIRMAN FIALA: Second?
COMMISSIONER NANCE: Yeah. Mr. French, correct me if
I'm wrong -- and, Commissioner Henning, I fully endorse your line of
questioning here, but I want to make sure that -- correct me if I'm
wrong, sir, but we have these other employees that are available on a
contract basis. That helps us balance the peaks and valleys of the
workload.
MR. FRENCH: That's correct.
COMMISSIONER NANCE: You know, I've got absolutely no
problem in hiring additional full-time people. But it's great when you
hire them; not so good when you have to fire them. So, you know, if
we have a -- if we can balance our workload through a combination,
Commissioner Henning, I think that's probably what the suggestion is
and to, you know, rebalance that. I certainly endorse it, but I don't
think we should say out of pocket that we just need to eliminate that
contract option because I think it's going to -- it's going to help you,
you know, smooth out the peaks and valleys of full-time employees.
COMMISSIONER HENNING: And I agree, we should not
eliminate the contract.
COMMISSIONER NANCE: I just had one question for Mr.
French following up. And I notice that the next agenda Item, 11C, is
an item to approve a resolution that decreases fees. So what I want to
know, sir -- and to make sure that staff is -- that the -- that the cost of,
for example, these additional full-time equivalent positions that are to
be funded fees, that the fully loaded cost of these employees, tax, tag,
and title is covered by these fees before we decrease them, because I
don't want to decrease fees and then find out, oh, wait a minute, we
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March 8, 2016
forgot about healthcare costs or something like that.
Are these fees -- do these fees cover the full cost of these
additional employees top to bottom?
MR. FRENCH: Yes, sir. Not only do they cover the cost of our
employees but also of our job bank associates and any health insurance
costs that may be afforded.
COMMISSIONER NANCE: So it's fully loaded costs?
MR. FRENCH: Absolutely.
MR. OCHS: Fully burdened, yes, sir.
MR. FRENCH: All staff, that's correct.
COMMISSIONER NANCE: Okay. All right. Fine. Then I
certainly endorse the approval of the item.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yes. I agree with Commissioner
Nance that you absolutely have to have a balance of permanent staff
and our outside contractors to deal with the peaks and the valleys. I'm
sure you've considered that the additional staff you're bringing on will
be necessary for a longer period of time, because we owe it to these
families when we make the commitment to hire them that they have
job security, you know, to the extent we can, that it's not just a flash in
the pan, if you will.
I want to really commend you, because you're bringing on this
staff and at the same time you're lowering fees. And as an enterprise
fund, you have to have matching. You have to have the cost equal the
revenues you charge. You can't make a profit, and you certainly can't
make a loss. And the fact that you can bring the fees down showing
that you are, in fact, lowering the cost of providing this service while,
at the same time, increasing the level of service by bringing on these
permanent employees while maintaining the outside agency to
supplement when there are peaks is really an example of good
management, and that's the direction we need to go in.
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March 8, 2016
So I really want to thank you, I want to thank your boss, and I
want to thank your boss's boss and your boss's boss's boss for really
doing what would be done in the private sector under the
circumstances, and that ties in to 11C, which is the next agenda item
that talks about how you're reducing the fees again. So very, very
good. Thank you.
MR. FRENCH: Thank you, ma'am, but we have a wonderful
team as well as leadership, so thank you very much. Appreciate your
support.
COMMISSIONER HILLER: Thank you for all you're doing, and
thanks to your team.
CHAIRMAN FIALA: Looks like I've got another light on.
Commissioner Nance?
COMMISSIONER NANCE: Yeah. I do think that
Commissioner Henning, though, is also giving us wise counsel, and I
think when we look at our budget coming up, we need to examine the
entire thing. So I think -- I do support Commissioner Henning's
comments.
CHAIRMAN FIALA: Okay. With that, I have a motion on the
floor and a second. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay. That's a 5-0.
Item #11C
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March 8, 2016
RESOLUTION 2016-48: A RESOLUTION SUPERSEDING
RESOLUTION NO. 2015-123, PROVIDING UPDATES TO THE
COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT SERVICES FEE SCHEDULE WITH AN
EFFECTIVE DATE OF APRIL 1, 2016, DECREASING FEES FOR
BUILDING PERMIT DEVELOPMENT-RELATED
APPLICATION, PROCESSING, REVIEW, AND INSPECTION
FEES, AND RELATED ENGINEERING RE-INSPECTION FEES —
ADOPTED
MR. OCHS: Commissioners, 11C is as we've just discussed, a
recommendation to adopt a resolution that reduces certain building
permit and inspection fees in our Growth Management Department.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. Oh, I don't even have any lights
on.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
COMMISSIONER TAYLOR: You know, thank you --
CHAIRMAN FIALA: Who could ever oppose that, right?
COMMISSIONER TAYLOR: Well, it's proactive. You are --
MR. FRENCH: Thank you very much. We appreciate your
support.
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March 8, 2016
COMMISSIONER TAYLOR: Well done.
MR. OCHS: Thank you, Jamie.
CHAIRMAN FIALA: And for those in the audience, it went very
quickly because what the Growth Management Division is doing is
reducing our fees rather than increasing them. That was an easy one
for all of us. So just to explain why we went through that so quickly.
Thank you.
I want you to notice -- look at this. Commissioner Nance's wife is
out there. You're always a support system to us whenever you can get
here. How nice of you to be here.
COMMISSIONER NANCE: I need as much protection as I can
get.
MR. OCHS: Commissioner, Madam Chair, I'm looking at your
court reporter to see if--
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: Oh.
CHAIRMAN FIALA: We might as well just give her a little bit
of a break because we've got a few subjects yet. Let's take a break
right now, okay?
MR. OCHS: Ten minutes, ma'am?
CHAIRMAN FIALA: That would be good.
MR. OCHS: Very good.
CHAIRMAN FIALA: I need to bend your ear anyway.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you. Very good.
And, Leo, would you like to introduce us to the next subject,
which is what, 11D?
Item #11D
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March 8, 2016
THE BOARD TO DIRECT THE CLERK TO THE BOARD OF
COUNTY COMMISSIONERS, PURSUANT TO THE SCOPE OF
SERVICES ENUMERATED IN THE INTERLOCAL
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE CLERK OF THE CIRCUIT
COURT, TO PREPARE AND SUBMIT A PAYABLES REPORT
IN THE FORMAT AND CONTENT SPECIFIED BY THE BOARD
- MOTION REQUESTING THE CLERK TO PROVIDE A
REPORT — FAILED; MOTION DIRECTING THE CLERK TO
PROVIDE A PAYABLES REPORT PURSUANT TO THE
FORMAT SPECIFIED IN THE INTERLOCAL AGREEMENT
BETWEEN THE CLERK AND THE BOARD OF COUNTY
COMMISSIONERS AND STAFF TO WORK WITH THE
CLERK'S OFFICE TO BRING BACK A PAYABLES REPORT IN
A FORMAT AGREED UPON BY BOTH PARTIES — APPROVED
MR. OCHS: Yes, Commissioners. 11D is the next item on your
agenda. This was an item that the Board had asked me to bring back at
one of your recent meetings, and it's a recommendation to, once again,
consider directing the Clerk to prepare an accounts payable report for
the Board in a format and content that the Board would specify to
allow the Board, basically, to satisfy the requirement of your
procurement ordinance which requires that, prior to payment, every
expenditure must have a declaration of valid public purpose by the
Board and an authorization, then, for the Clerk to release the payment
of the payable.
I think you're all familiar with this discussion. The last time we
had this discussion, Commissioner Nance was the Chair. The Board
had directed Commissioner Nance to send a letter to the Clerk asking
for this report, which he did in specific detail with respect to content
and format.
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March 8, 2016
The Clerk wrote back and essentially said that he would be happy
to do it, but he wasn't sure if he had all the information he needed
every time and, moreover, that there was a concern about the process
that Commissioner Nance and the rest of the Board had directed, and
that actually was the subject of the recent litigation. And as you all
know, there's been an appeal of the Circuit Court's decision.
So that's kind of where we stand right now. I think -- this is not a
legal opinion. This is just my professional opinion. I think that the
Clerk could produce this report with the information that's available in
the financial system and in the procurement system that he has access
to.
You have an interlocal agreement for services with the Clerk. I
think clearly within the scope of the services of the existing agreement
allows you to request those reports and have an expectation that they'll
be delivered but, again, that has been a subject of the litigation, so I'm
not sure whether there's any willingness to move forward off of the
current procedure.
And, again, the problem for me with the current procedure is that
even as I ask you at the beginning of each meeting to declare that the
expenditures that are on your disbursement report serves a valid public
purpose, there's a certain amount of those expenditures that have
already been released for payment, and I think -- and I'm going to ask
Ms. Kinzel at some point just to confirm that. That is my
understanding. If I'm wrong, then I'm wrong, but I know that there's
some automatic disbursements, ACH transactions, that go out on a
schedule, so there are certain payments that are released ahead of the
Board approving that disbursement report. And if I'm wrong, then I
certainly stand corrected.
But if they are, that -- that creates a problem for you in terms of
compliance with your procurement ordinance, again, because the
procurement ordinance requires that prior to payment every
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March 8, 2016
expenditure is deemed to have served a valid public purpose.
So that's essentially the background and the context of this item,
Madam Chair.
CHAIRMAN FIALA: So, Commissioner Henning?
COMMISSIONER HENNING: Thank you. The
recommendation's for the Board to direct the Clerk to the Board,
pursuant to the scope enumerated (sic) -- or just what you said;
however, he's an independent constitutional officer elected by the
people separate from the Board of Commissioners. He is the checks
and balances of the financial system.
Jeff, can we direct a constitutional officer?
MR. KLATZKOW: You can ask him to do something, and then
he can tell you no. And then after that, you know, I don't know what to
tell you.
COMMISSIONER HENNING: Jeff, another question. 16J1 is
the records pursuant to Florida Statute. It is to put the disbursements in
there. Are you familiar with that?
MR. KLATZKOW: Yes, I am.
COMMISSIONER HENNING: Okay. Well, let me ask you. Is
your understanding Item J1, 16J1 are items that are already paid?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: So -- and they're paid based
upon contracts that the Board has approved?
MR. KLATZKOW: They're based upon contracts. Whether the
Board has approved the contracts or staff has entered into the contracts
may be dependent upon the contracts, yes. They are lawful
expenditures of the Board of County Commissioners.
COMMISSIONER HENNING: They're already lawful
expenditures?
MR. KLATZKOW: Excuse me?
COMMISSIONER HENNING: They are already lawful
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March 8, 2016
expenditures?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: So, again, I'll say, there's no
need for a valid public purpose under that one because they are lawful,
and the Board has already deemed them a valid public purpose through
previous actions. It's the ones -- on 16I1, I think -- let me put my
glasses on -- that the Board needs to find it is a valid public purpose
because those are expenditures that haven't been preapproved by the
Board to expend.
Crystal, is that how I read it?
MS. KINZEL: You're correct, Commissioner Henning.
COMMISSIONER HENNING: Okay. That's how the Clerk
views it, and that's how the County Attorney has stated it.
MR. KLATZKOW: Partially. I mean, you do have an agreement
with the Clerk, and part of that agreement allows you to get certain
reports in certain formats, and you are paying for that service.
Whether the Clerk has the information to prepare those reports, I do
not know.
But if there's a particular report that you would want and the
Clerk is able to provide that report, as long as we're willing to pay for
that service, that's something that really should be done. It's what was
agreed to by the parties.
COMMISSIONER HENNING. And, you know, I agree. I need
some more information under 16I1. And I looked at that, and I was --
you know, some of those I just don't understand. In fact, the County
Manager and I spent half an hour on one item.
So we can ask -- and I'll make that motion -- ask the Clerk to
provide, under another column -- Crystal, you've got -- you and I
spoke, and the Clerk is okay to provide whatever information that he
can?
MS. KINZEL: Correct, Commissioner. We've always indicated
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March 8, 2016
that we're glad to present the report as long as we're provided the
information.
I think on this executive summary the County Manager has
indicated some very specific areas where he believes that information
is available. And what we can extract from those documents we will
provide in a report.
COMMISSIONER HENNING: Okay. Well, that's my motion.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second. But
we can't vote on it now because we still have to talk with other
commissioners. And the next one was Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
Commissioner Henning and Crystal, I'm really sorry to say that
you're both incorrect. The approval of a contract doesn't make the
payment of the expenditure automatic. In fact, there's no certainty that
the performance under the contract is done in -- along the terms of that
contract.
And I'll give you an example. We may execute a contract to have
a sidewalk installed on the right side of the road, and the contractor
makes a mistake and installs it on the left side of the road.
And, according to you, because we approved the contract,
notwithstanding the improper performance, the Clerk should be
authorized to automatically make the disbursement. Well, clearly,
that's not appropriate.
But if the Clerk does the audit and makes a determination that, in
fact, the expenditure was done pursuant to a public purpose, he brings
that to the Board ahead of payment because he certainly can't make a
disbursement without prior board approval, and we as a board can
decide, well, you know what, we will accept the deviation in this
contract, we will accept that the sidewalk was placed on the left side of
the road as opposed to the right side of the road, and we can determine
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March 8, 2016
that that was a valid public purpose.
The expenditure was made, you know, pursuant to a public
benefit, and we deemed the alternative as acceptable as the first, and
we, as a board, vote to declare that it is a valid public purpose and we
authorize the Clerk to make payment.
No, merely approving the contract ahead of the actual execution
of the contract doesn't justify automatic payment on that contract. We
have to do exactly what our ordinance provides.
Number one, the Clerk of Courts does not have the legal right to
usurp the Board's discretionary spending authority. He can only
disburse public funds after the Board has authorized that the funds can
be disbursed in payment of the services or goods provided.
And, secondly, it is absolutely inappropriate for the Clerk to make
disbursement before the Board has declared that the public purpose
being served by the intended expenditure of the funds is, in fact, valid.
That is reserved to the Board as well. That is a discretionary decision.
The Clerk makes the objective determination based on his testing
that a public purpose was being served. We make the determination,
subjectively, that it was a valid public purpose in light of our policy
direction. So I can't agree with you.
And with respect to this particular issue, County Manager, the
way you have prepared the executive summary and what you are
proposing the recommendation ought to be that we vote on is the right
recommendation. This request for this payables schedule is something
that the Clerk should already have. I'm not sure how he's doing his job
without. He should readily be able to produce it. Our contract
provides that he will provide schedules as we need, and this is one that
he should be readily able to produce at no additional cost because he
should have it right in front of him, you know, ahead of every board
meeting.
So I don't see -- I don't see any -- any problem whatsoever with
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requesting the Clerk to produce what you've asked to be produced,
County Manager.
So I think that motion needs to be restated. I can't support it. It
needs to be restated in the fashion in which the County Manager is
proposing it and, you know, if the Clerk doesn't want to pursue it
pursuant to the contract, then I think we need to bring his contract back
and we need to revisit it.
And I'm going to add one thing that isn't being addressed but,
since we are talking about the contract, I have serious concerns about
us allowing the Clerk to manage the financial IT system, the financial
computer system, because clearly there's a conflict of interest where --
if he's managing the financial system and he's also auditing the internal
controls over that system, there's a clear conflict, and I think that IT
system needs to be back under the County Manager.
And I think maybe what we need to do is just review his whole
contract and see, you know, how it needs to be modified and talk to the
Clerk about it. And some things, I think, you know, whether he wants
to or doesn't want to modify it, I just don't think he can legally do it in
some instances, do certain -- you know, certain aspects of his contract,
but maybe we can bring that back for another discussion.
But -- so my recommendation is that -- you know, I mean, I
certainly can't support Commissioner Henning's motion. I think we
need to leave the motion the way the County Manager proposed, and if
Commissioner Henning's motion fails, then I would re-propose what
the County Manager has proposed as the motion.
CHAIRMAN FIALA: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. You know, when we
originally sent the request, I was Chair at the time, and I don't think the
request was an onerous request. I think it was a request for
information formatted in a way which was very useful to the Board
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which supported our procurement process. It aligned all the approvals,
all the checks and balances that we have in management in the
procurement staff, feeding back into the -- into the system that we have
for improved grant compliance, and so on and so forth.
So I don't think in any way that the request or the letter that I
worked with the County Manager to develop was anything that the
Clerk cannot do easily.
COMMISSIONER HILLER: I agree.
COMMISSIONER NANCE: I thought it was reasonable. I still
do. I think all of the -- I think the bickering at this point is unfortunate.
I really don't see the public benefit to it. I'm very disappointed in the
current relationship between the Clerk and the Board. I think he's a
wonderful administrator, but I think the lack of-- the lack of
communication in spirit is -- you know, in my view at this point, it's
just a passive-aggressive attitude.
It's very unfortunate, because I actually do like Mr. Brock a great
deal. I think he's been a great service to this county over many years,
but at this point I think the amount of dysfunction that we have
together with one of the constitutional officers working with the Board
is really very, very regrettable. And I can't -- you know, I don't know
what to say.
I think we need to stop all this wordsmithing back and forth.
Certainly, we can't make Mr. Brock do anything that he doesn't want to
do. I don't have any desire to do that. I just want to request that we set
some of this aside and start going forward and start giving the
taxpayers good value.
So I -- I don't want to support Commissioner Henning's motion. I
want to go back and just ask him to do just basically what we agreed to
in the interlocal agreement. I think it would be a great -- a great
service to the community if he would just agree to do what he said he
was going to do initially, and I think that would be a great sign to the
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public of his willingness to cooperate with the Board, and let's put
some of this behind us. So I can't support the motion.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: You know, we're hearing a lot,
but we haven't heard from the Clerk's representative, Ms. Kinzel, so
how do we know? You know, I mean, I'm kind of amazed at this
conversation.
And as an aside -- and this is not disrespecting, Commissioner
Hiller, what you said. But if we talk about conflict of interest, if you
are going to run for Dwight Brock's seat, you have the biggest conflict
of interest up here.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: The analogy that was used up
here by Commissioner Hiller, Crystal, to where if the Board has a
contract for a vendor to install a sidewalk on the right side and the
contractor installs the sidewalk on the left side, would you pay that
today?
MS. KINZEL: No, sir. We would reject that item back to the
department and ask for clarification or ask them to bring it to the Board
for corrective action by the Board.
COMMISSIONER HENNING: Right. So, I mean, it's
happening already.
And she wants to be your boss. I mean, yeah, Commissioner
Taylor's right. What a conflict of interest and a lack of knowledge of a
position.
COMMISSIONER HILLER: I'd love to work with you, Crystal.
I really would love to work with you.
COMMISSIONER HENNING: That's just -- it's amazing.
Absolutely amazing.
MS. KINZEL: Could I add to that, please, because
Commissioner Taylor did ask some very specific things. I think when
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Commissioner Henning first asked me, the Clerk has said and
continues to say we will prepare this report.
Now that the County Manager's identified those areas where
county staff will be putting the information in regarding the purpose of
these items on the purchase orders, we will extract those fields and we
can provide a report. That's consistently what we have been asking
for, and we can provide that report to the Board.
MR. OCHS: Commissioners, that's fine. What I said was that
information has been in those reports historically. They're all scanned
and put into the system along with the purchase orders, the
requisitions, all the fields in the financial system that identify purpose,
general purpose of the expenditure and, as always, which happens
every day, and I think Crystal will agree, if there's confusion or a lack
of clarity on the purpose of a purchase, there's phone calls every day
between her staff and mine to get that done.
So the notion that the payables department is unable to determine
the public purpose of a transaction, I think, is something that my staff
and Crystal's staff should be able to overcome. I think it's an exception
and not the rule, frankly.
And the only other thing I would say, and I heard -- and I
appreciate her comment earlier about the report on the miscellaneous
correspondence section of the agenda that Commissioner Henning
alluded to -- that she was going to, I guess, provide the purpose or
provide more information about the purpose on that report, if that's --
COMMISSIONER HENNING: 16I or 16J?
MR. OCHS: 16I, sir. Right? I thought that's what I heard. Now,
I don't want to speak for you.
MS. KINZEL: No. And, Leo, let me clarify some of the -- some
of the issues are we know what fields have been on the reports. Some
of those fields are very unclear, and we have always asked for
clarification. When we ask for those clarifications, sometimes we get
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pushback.
But the big differentiation in what you've just indicated is we can
pull and extract whatever fields this board requests of the Clerk. That's
not the problem. The Clerk does not determine valid public purpose.
As Commissioner Hiller just pointed out, only this board determines
the valid public purpose of those expenditures.
MR. OCHS: Correct.
MS. KINZEL: That is not the Clerk's role, and we do not want to
indicate that on a report without it first having come to this board for
determination.
MR. OCHS: Yeah, and that's fine. We haven't asked for that.
MS. KINZEL: If we can provide the Board with the information
that's provided by staff-- we don't know why you're buying things.
We've talked about this in previous meetings. If you identify the
purpose for which you are providing the expenditure, we will capture
those fields that you've indicated on this executive summary, and we
will prepare that report for the Board of County Commissioners.
They will then determine the expenditure is -- serves a valid
public purpose, they approve the expenditure, and we move forward.
And it's been that way since the first conversation we had for this. But
I think identifying fields that you believe provides the staff purpose as
determined by the purchaser, we can definitely provide that to the
Board.
MR. OCHS: Well, yes. Those historical fields are there, as are
the scanned-in purchase requisitions and invoices, all of which,
together, I believe, provide sufficient information by which the Clerk's
Office can satisfy their pre-audit requirement for determining legality
of payment.
It's not about valid public purpose. That's reserved for the Board,
and I understand that. And your procurement ordinance says that
specifically, that prior to payment of every expenditure, this board
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must make a finding that that expenditure serves a valid public purpose
prior to the Clerk releasing payment. That's all I'm trying to get
accomplished here.
MS. KINZEL: And, Commissioner Fiala, could I put something
on the overhead for a minute?
CHAIRMAN FIALA: Yes.
MS. KINZEL: Thank you.
And, Commissioners, we really respect the disagreement
regarding the Clerk's role; however, we're willing to do these reports
that you've requested since day one, and part of our authority and part
of what we're looking to for this guidance is the Auditor General's
report in Okaloosa where the Auditor General of the state of Florida
cited the Attorney General of the state of Florida's opinion that the
Clerk should deny making payments on those items that have not been
presented to him having been determined serving a valid public
purpose. Okay.
CHAIRMAN FIALA: Who was it -- who was it that had been
cheating them and buying a boat and a car and so forth?
MS. KINZEL: That was their director of tourism, and they
discovered that they had purchased a yacht. And part of the criticism
was aimed, obviously, at the tourism and the Board and also the Clerk.
And we took this direction to heart. It gives fairly clear direction. And
I would just like to read --
CHAIRMAN FIALA: But they imposed this because of that
specific purpose. I guess the guy committed suicide then because of
this because he was wrong. So in Okaloosa, they specifically targeted
this because they wanted to tighten up because of such immense
offenses, but they didn't target everybody else in the state of Florida.
Everybody else does it the same way we do it. Just Okaloosa.
MS. KINZEL: No, Commissioner. I have to clarify that. No.
When the Auditor General or the Attorney General in the state of
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Florida take notice of an event, it's pretty much incumbent upon us as
the operating organization to also review what we're doing and make
sure that we're all in compliance with what the direction is in these
audits. So we review these for reference. We look to them as
guidance on, whoa, what should we maybe be looking at.
And it says very clearly, the Attorney General has indicated on
numerous occasions that documentation of an expenditure and
sufficient detail to establish the authorized public purpose served and
how that particular expenditure serves to further the identified public
purpose should be present at the point in time when the voucher is
presented for payment of funds.
And that's all we're looking for from the Board and county staff.
We can prepare those reports when the information's provided.
CHAIRMAN FIALA: Is there any confusion about -- this is just
from me. I don't know about how any -- sufficient? What did they call
it again? And "sufficient" what, to confirm what the -- what they're
spending it on or what they're requesting it for? Sufficient is kind of
like a word that you can define, whoever is saying it.
MS. KINZEL: Certainly you can, and that's part of the Clerk's
role is to determine that that information has been provided. But, very
specifically, part of the determination is that this board has approved it
and this board has said it's a valid public purpose or we shouldn't pay
it.
CHAIRMAN FIALA: Okay. Yes, Commissioner Hiller.
COMMISSIONER HILLER: Thank you so much.
There's no question the Auditor General is correct, and that is
exactly what the Board of County Commissioners does. That's exactly
what we do on behalf of the citizens of Collier County.
The Clerk, according to Alachua, has, as part of his pre-audit
testing, three objectives, one of which is the determination that the
goods or services provided to the county were for a public purpose, not
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that it's a valid public purpose, but that it's for a public purpose as
opposed to a private purpose.
What happened in the particular case that Crystal was referring to
and Commissioner Fiala just talked about is that a gentleman was
making purchases with public funds for private benefit, not public
benefit. He was using the boat for himself, not for the benefit of that
county.
So the Clerk has a duty as part of his legality testing, as part of the
pre-audit function, according to Alachua, to determine the legality of
the expenditure, to determine that the expenditure was for a public
purpose.
After he makes that determination, he presents that evidence or
lack of evidence, as the case may be, to the Board for the Board to
make a determination that it was for a valid public purpose.
And after the Board makes a determination that a valid public
purpose was served or not, the Board either gives or denies the Clerk
the authority to make the actual disbursement. And the validity of the
public purpose, assuming that the expenditure was for a public
purpose, is a subjective decision driven by the Board's policies and is
not something that the Clerk can decide, nor is it something that he
should decide.
So we do exactly what the Attorney General is recommending in
his opinion, and our law supports that; state law supports that.
I don't know what this discussion is about. You're not highlighting
anything that we're not doing, and we're not asking the Clerk to do
anything he's not required to do according to the Constitution, the
statutes, and the Supreme Court's interpretation of his obligations
according to Alachua. It's that simple.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Well, I have the report here,
December 13th operational audit. And on Page 20 the
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recommendation is that the Clerk should ensure that adequate
documentation accompanies each BCC payment voucher to document
the validity, legality, and authorized public purpose of the expenditures
or deny payment of these expenditures until such documentation is
provided.
So it appears that the Clerk has to get this information in order to
document. He doesn't determine it. I think that's -- this is the -- he
doesn't do anything where he determines there's a public purpose
before it's paid. He just has to make sure that documentation is
together in order so that he can document that there's some validity,
legality, and authorized public purpose.
COMMISSIONER HILLER: No. His duty is not merely to
accumulate documents.
COMMISSIONER TAYLOR: You disagree with the Attorney
General?
COMMISSIONER HILLER: No. I agree with the Attorney
General, and I agree with the Supreme Court of Florida in the Alachua
case. He has a duty to pre-audit to determine the legality of the
expenditures ahead of approval by payment by the Board and ahead of
approval of the determination of valid public purpose by the Board,
and he absolutely has the right to request from staff, our staff, county
staff, whatever evidence he needs to satisfy the limited objectives as
defined by Alachua, not more and not less.
CHAIRMAN FIALA: You keep talking about Alachua. Are we
talking about Okaloosa?
COMMISSIONER HILLER: No. We're talking about Alachua.
Alachua is a Supreme Court case that defined the three objectives
under which the Clerk has to audit to determine the legality of
expenditures. He has to determine that the expenditure is made within
the limitations of the Board's approved budget for that particular
expenditure, he has to make a determination that the procurement was
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done in accordance with applicable state and local law, and he has to
make a determination that the expenditure served a public purpose, and
then it comes to us to make a determination based on what evidence he
has put together in his recommendation to either approve for payment
or not approve for payment, to decide whether or not the public
purpose identified serves a valid public purpose, and then to authorize
him to make payment once we have made a determination that, A, we
are satisfied with the pre-audit and we are satisfied that it serves a valid
public purpose.
The Clerk cannot independently make a decision to spend public
funds ahead of the Board authorizing such payment. To do so would
be a usurpation of the Board's discretionary spending authority. He
can't make a decision that an expenditure serves a valid public purpose.
That would also be a usurpation of the Board's discretionary decision
making; however, he must comply with the standards established for
testing as articulated in the Supreme Court case known as Alachua v.
Powers.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. Oh, Commissioner Nance. Excuse me.
COMMISSIONER NANCE: No, go ahead, go ahead. Let's just
go -- let's just try to move this forward because --
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: (No verbal response.)
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: We 3-2 (sic) vote on that.
COMMISSIONER HILLER: So then I would like to restate the
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motion to read as the County Manager has written the
recommendation.
County Manager, can you read the recommendation into the
record for purposes of the motion?
MR. OCHS: Yes, ma'am. It's a recommendation for the Board to
direct the Clerk to the Board of County Commissioners, pursuant to
the scope of services enumerated in the interlocal agreement between
the Board and the Clerk, to prepare and submit a payables report in a
format and content specified by the Board that is part of the backup
documentation for this executive summary.
COMMISSIONER NANCE: I will second that but,
Commissioner Hiller, I would like to also request from the County
Manager and from the Clerk's Office that they work on this report and
bring back at the next meeting the "agreed upon between them" format
of the report for the use of the Board so that we can finally understand
what it is that we have and its usefulness to the Board.
COMMISSIONER HILLER: Yes, I agree with that.
COMMISSIONER NANCE: I'll second that.
COMMISSIONER HILLER: I'll amend my motion to include
what you said.
COMMISSIONER NANCE: And I will second it then.
CHAIRMAN FIALA: Okay. Any further discussion?
COMMISSIONER HILLER: I would like to make one comment
with reference to what Commissioner Henning said about, you know,
the Clerk, if he -- going back to the sidewalk example. Can I make a
comment now before we vote, just to clarify?
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: Yeah. So if-- going back to what
Commissioner Henning said -- well, you know, obviously the Clerk
would find that the pre-audit objective wasn't satisfied because what
was done wasn't what was in the contract, notwithstanding that it was
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for a public purpose. He can't withhold advancing his conclusions as it
relates to that audit to the Board, which is what he did with those 1,800
vendors, and that's not an option.
He needs to do his pre-audit. If he makes a determination that he
can't determine legality, notwithstanding, he brings that to the Board.
He needs to advise the Board after he's tried to resolve whatever issues
he's got with staff and the underlying evidence, and then its up to the
Board to make the decision to either move forward or not based on
what evidence the Clerk has presented.
And I want to clarify that. It's not as simple as the Clerk will
deny it, it goes back to staff, and there's a stalemate.
COMMISSIONER NANCE: And that's a good thing.
COMMISSIONER HILLER: That's exactly how it's intended to
work. That's the purpose of the system being established the way it is.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I don't know what she
said, but anyways.
COMMISSIONER HILLER: I can understand that you wouldn't.
I can appreciate that.
COMMISSIONER HENNING: No. It's interesting that we have
a majority of the Board, including a candidate for Clerk of Court, feels
that this board can direct an independent constitutional officer. And if
they can direct the Clerk, they can direct the sheriff; they can direct the
Supervisor of Elections. It's just amazing.
COMMISSIONER HILLER: Oh, we're not directing anyone.
COMMISSIONER HENNING: Yeah, that's -- you read the
motion.
MR. OCHS: Yes, sir. That's --
COMMISSIONER HENNING: You made the motion to direct
the Clerk. Commissioner Nance seconded it. So --
COMMISSIONER HILLER: And that's not a direction.
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COMMISSIONER HENNING: Now she'll -- now she's going to
change it because --
COMMISSIONER HILLER: We have a contract.
COMMISSIONER HENNING: Commissioner Fiala?
COMMISSIONER HILLER: We have a contract.
COMMISSIONER HENNING: Commissioner Fiala, I have the
floor.
CHAIRMAN FIALA: Yes, you do.
COMMISSIONER HENNING: Can you ask her to step back
from the mike, please?
CHAIRMAN FIALA: Yes. Okay. So be it.
COMMISSIONER HENNING: Thank you.
It is -- this government was set up upon different authorities, and
that's why you have a House of Representatives, a Senate, and
executive so things are not done like a socialistic country is.
And the way it's set up in local government and the state of
Florida is a checks and balances. We can't tell the Supervisor of
Elections how many votes to count or not count. We can't tell the
Clerk of Court on how to do his job as Clerk to the Board. It's very
dangerous. The next thing you'll have a candidate for the Clerk of
Court directing to amend the minutes of this meeting, and it just goes
on and on.
They have no concept, and that's basically what happened with
the lawsuit that all -- it went all the way to the Supreme Court -- is this
board, by the majority, actually the supermajority, thought that they
had power over a separate constitutional officer.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Commissioner -- go ahead. I know you
want to speak, but could we hear from Leo first?
MR. OCHS: The commissioner can go.
COMMISSIONER HILLER: No. Go ahead.
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MR. OCHS: I just wanted to -- and I think that's why the -- I read
the recommendation verbatim, because that reference to direction is
only pursuant to the scope of the services in the interlocal agreement.
In other words, in this case you're effectively directing your vendor to
perform a service that's within the scope of that contract, and that is
prepare the payables report.
COMMISSIONER HENNING: He works for the taxpayers.
MR. OCHS: Sir, I understand that, but in this case he's --
COMMISSIONER HENNING: He's not a vendor.
MR. OCHS: In this case he's part of an interlocal agreement with
you.
COMMISSIONER HENNING: There is an agreement.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: And there's always an
interpretation of the agreement.
MR. OCHS: Yes, but I'm just trying to explain that no one's
suggesting that he be directed as either a constitutional officer or as --
under a statutory provision. This is basically to carry out the scope of
services that he's agreed to perform as part of that interlocal agreement.
COMMISSIONER TAYLOR: I wonder if we could hear from --
CHAIRMAN FIALA: Now Commissioner Nance.
COMMISSIONER NANCE: That's the only statement I would
like to clarify. And, Commissioner Henning, I'm not voting to direct
the Clerk or define further what his duties or responsibilities or
authorities are. All I'm asking him to do, sir, kindly --just let me
finish. I'm just asking him to do what he said he was going to do.
Now, you know, I've had some very funny, you know,
disagreements with folks in my lifetime, but when somebody tells me,
they go, yeah, okay, that's what I'm going to do, those are the most
frustrating agreements I've ever had, because I'm not asking them to do
something different. I'm not asking him to do what I want him to do.
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I'm asking him simply to honor the commitment that he made, and I
think that's a fair request.
I don't think it's an unfair request to say, look, you said that you
would be willing to give us a report that we would like and we think
we can use, and that's all we're requesting this gentleman to do is just
that. It's no more complicated than that.
So this doesn't have anything to do with limiting his authority or a
checks and balances or anything else. It's just asking him to fulfill a
commitment that he made to the Board and we entered into with him
in this agreement in good faith. And, you know, if he doesn't want to
do that, then I agree with Commissioner Hiller. I think we need to
look at this interlocal agreement, because if he's not going to honor this
part of it, I don't know how we can come to the conclusion he's going
to honor any -- the rest of it either. So I'm very disappointed.
COMMISSIONER HENNING: Then you should change your
second to you "request" the Clerk of the Court pursuant to the
agreement.
COMMISSIONER NANCE: Well, that's what it says.
COMMISSIONER HENNING: No, it says "direct."
COMMISSIONER NANCE: Well, sir, what you need to do is
you just need to read the letter. The letter was very carefully written,
and it just -- I don't think it's an onerous letter.
COMMISSIONER HENNING: No. I didn't say anything --
COMMISSIONER NANCE: We're fighting over the definition
of what "is" is here. We're sounding like Bill Clinton. This is --
COMMISSIONER HENNING: I'm talking about this motion.
I'm not talking about your letter. I'm saying the motion is to "direct"
the Clerk of Court instead of "request." That's all. It's right in your
packet.
CHAIRMAN FIALA: Let's hear from Crystal. She was just
asking to speak.
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MS. KINZEL: And, Commissioner Nance, I appreciate that,
because we've agreed to prepare the report. I think the nuance that
Commissioner Hiller is adding is that we indicate to you there is a
valid public purpose for a public purpose --
COMMISSIONER HILLER: No, that's not true. I'm sorry. That
there is a public purpose.
MS. KINZEL: Excuse me.
CHAIRMAN FIALA: Excuse me, Commissioner Hiller.
COMMISSIONER HILLER: Not valid public purpose. I have to
correct that.
CHAIRMAN FIALA: Go ahead. Commissioner Hiller.
MS. KINZEL: We have agreed to forward to this Board the
purpose that is indicated in the system by county staff who is making
the purchase for this board to determine valid public purpose for our
audit. That's the little bit of nuance that Commissioner Hiller
continues to put on the record.
But I want to make it very clear to Commissioner Nance; we are
not refusing to prepare the report that you requested. The report, now
that we have identified fields, we can extract that information and
move forward, and I appreciate that.
MR. OCHS: No. I'm not hearing that, Commissioner, and I'm
sorry. I'm sorry to belabor this.
CHAIRMAN FIALA: That's all right.
MR. OCHS: But, you know, part of this process that the Board
directed -- and I'm not sure -- I would ask Ms. Kinzel to clarify the
Clerk's position on this. It's not only to prepare the report, but it's to
present that to the Board subsequent to the Clerk's pre-audit. I just
heard her say we're going to prepare the report so the Board can make
a declaration so then we can do our pre-audit. That failed in the
lawsuit and it's the subject, I guess, of an appeal right now.
Maybe that's not what she meant, but I would appreciate a
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clarification on that, Madam Chair.
CHAIRMAN FIALA: Okay. Crystal?
MS. KINZEL: Leo, we will continue to provide the report
according to the Court order through the pendency of the litigation,
which was the agreed upon format of that report. So we will continue
the 273 report in that format.
What we are also willing to prepare is, according to the interlocal
agreement, a report that you have requested that we prepare.
The additional nuance of when and how the Clerk of Courts
performs their functions as Clerk of Court is not determined by that
interlocal agreement.
We have an independent right to audit, which has been to the state
Supreme Court, and we look for validation and information to give an
independent comfort level of the expenditures that are to be made.
So we've kind of indicated that over and over. The Board's going
to take the action. Be glad to work on the report as we have stated and
agreed to continue to do routinely.
CHAIRMAN FIALA: Is this --
MR. OCHS: That wasn't an answer, but --
COMMISSIONER HILLER: No, it wasn't.
CHAIRMAN FIALA: Okay. I was just trying to --
COMMISSIONER NANCE: Let's vote on the motion.
CHAIRMAN FIALA: -- see if we all understand, but we don't.
COMMISSIONER HILLER: Yeah. No, it wasn't an answer at
all. And, Leo, your concern is valid.
Alachua v. Powers is the Supreme Court case that requires the
Clerk, as part of his pre-audit testing, to make a determination that a
public purpose was served. He must do the necessary testing to
determine that the proposed expenditure was for a public and not a
private purpose, that the boat used in Okaloosa was for the benefit of
Okaloosa County, not for the private, personal benefit of the tourist
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development director in that county. That's the issue.
And that report that comes to us that -- where we make a
determination that the public purpose that has been identified by the
Clerk is valid, we make that determination as to the validity; however,
it is absolutely essential that he does -- or he has his staff do the testing
necessary as prescribed by Alachua and get whatever evidence he
needs to come to that conclusion. He may come to the conclusion that
it doesn't serve a public purpose. He will let the Board know that.
He may come to the conclusion that it serves a public purpose
based on his investigation, his review of the evidence, his inquiry of
staff, his visiting a site, or whatever other testing he needs to perform
to come to that conclusion.
But to suggest that we are going to make a determination that a
valid public purpose was served before he does his pre-audit testing to
make that determination that it was a valid -- that it was a public
purpose is not going to happen.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER HILLER: He has the first duty.
COMMISSIONER NANCE: I do not think we're going to
resolve this conflict today. It's very clear to me that Mr. Brock is going
to continue to spend hundreds of thousands of dollars of public money
to work on the limits of his authority until he is satisfied, and he's
going to continue to -- he's going to obstruct the activities of the Board
as far as he can, and all -- at the end of the day it's going to have
absolutely no public benefit, and I'm very sorry about that.
So we're going to continue to be -- we're going to continue to be
at loggerheads until he's exhausted all remedies and as much money as
he decides he wants to spend, and that's going to be his decision.
So I call the question. I think we've beat this horse sufficiently.
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
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March 8, 2016
CHAIRMAN FIALA: (No verbal response.)
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER TAYLOR: Opposed.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. So that's a 3-2 vote.
THE COURT REPORTER: I'm sorry. Commissioner Fiala,
which way did you vote?
CHAIRMAN FIALA: Pardon me?
THE COURT REPORTER: Which way did you vote?
COMMISSIONER HILLER: It's a 3-2 vote.
CHAIRMAN FIALA: Oh, I voted with the 3.
COMMISSIONER HILLER: 3-2.
CHAIRMAN FIALA: Thank you. Thank you for asking. Leo?
Item #11E
RETROACTIVELY WAIVING FORMAL COMPETITION FOR
PURCHASES FROM CONTRACT #12-5886R FOR ROAD
MAINTENANCE URBAN MOWING SERVICES (INCLUDING
AQUATIC MOWING) FROM SUPERIOR LANDSCAPING &
LAWN SERVICES INC., DURING THE COMPETITIVE
BIDDING PROCESS — APPROVED
MR. OCHS: Yes, ma'am. That takes us to Item 11E, which was
previously Item 16E5, and that is a recommendation to retroactively
waive formal competition for the purchases from Contract #12-5886R
for road maintenance urban mowing services, and this item was moved
at Commissioner Taylor's request.
COMMISSIONER TAYLOR: And let me -- let me say that I
support this waiving, and I am very pleased with the hustle that the
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staff did, and the medians look great. So, you know, at the end of the
day you did exactly what you needed to do to keep our county looking
wonderful.
It was the way this summary was written that I was having a
problem with and specifically, if I can find it here, it's -- if you look at
the paragraph under the boxes that talk about the contract was going to
expire in 2015 but that road and maintenance and procurement staff
immediately began to prepare specs, this is March of 2017 -- or '16,
pardon me.
So I'm just questioning -- you know, I understand maybe it was
overlooked. I don't know. I guess I need an explanation from you and
-- but as far as what you've done -- and it's great that we have one
landscaper that carried it through. No problem with that. So I'm just --
that's why I wanted to bring it up.
MS. PRICE: Sure. Commissioner, the solicitation process is not
something that's done very rapidly for all the right reasons. So here we
had a situation where we had lost all of our vendors or almost all of the
vendors, so we were taking a very close look at what caused that, what
we needed to do to the specifications to improve them, what we needed
to do for outreach to make sure that we had -- that we reached enough
people to get a good solicitation. It's my understanding that we're close
to closing that solicitation now.
Like I say, this is a process that is not a speedy process. So when
we realized in October, we -- we were -- we were under the impression
that one of the other vendors was going to renew, and so we didn't start
until in October when we realized that he had not, you know, that we
started the process. So it's gathering facts, putting things together, and
it takes some time.
COMMISSIONER TAYLOR: Yeah. And I understand that.
And, again, it was more -- you know, hindsight's always 20/20, but
when I looked at the dates under the urban mowing, one contract --
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you had three vendors. One ended in 2013; the second one ended in
2014. You were down to a final one who decided he didn't want to
renew in 2015.
You know, I just -- the flags were there, and I'm not -- it sounds
like a criticism. It's not you know. This is a -- this is a happy story. It
ends well. I'm sure it will. But it's just to bring it forward.
I wish this had been a little clearer in its -- in the way it unfolded,
but it's good.
MS. PRICE: And it's always a balancing act as to when to
re-compete and when not to. Right now what we're seeing in this
particular industry is the prices are going up, and so -- and so we made
that call not to immediately re-solicit so that we could keep the pricing
competitive. It's always a balancing act when it comes to, at what
point in time you want to re-compete something.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: All the contracts expired, right?
I'm seeing -- in the executive summary it says, rural mowing -- oh,
Superior. That's the only one you have is Superior.
MS. PRICE: Right.
COMMISSIONER HENNING: And then the other ones expired
for urban mowing, which Superior is doing urban also. I guess they're
doing both.
November of 2013, May of 2014, and October of 2015.
MS. PRICE: This was a one-year contract with renewals. The
first two that you mentioned, A&M and Evergreen -- I'm sorry,
Everything Green, both of those canceled their contracts.
COMMISSIONER HENNING: They didn't renew them?
MS. PRICE: They canceled them. They didn't not renew. They
didn't fail to renew. They actually -- off cycle they canceled the
contracts and pulled out, whereas, the last one failed to renew in '15.
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COMMISSIONER HENNING: And when did you get
notification that he wasn't going to renew?
MS. PRICE: We didn't. We didn't actually get notification that
he wasn't going to renew, but once the deadline hit, then his contract
expired without it renewing.
COMMISSIONER HENNING: Maybe we should ask them if
they want to renew it ahead of time.
MS. PRICE: I believe there was a conversation, and we were --
the indication was, yes, that they were planning to renew, but they did
not.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay. So, Commissioner Taylor?
COMMISSIONER TAYLOR: I'd like to make a motion to
approve.
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: I have a motion and a second. All in
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay. That's a 5-0.
Item #1 1 F
STAFF TO WORK WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) TO EVALUATE
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OPTIONS FOR THE COUNTY'S FUTURE POTENTIAL
PARTICIPATION IN THE OPERATION OF THE EVERGLADES
CITY UTILITY - MOTION TO APPROVE AND DIRECT STAFF
TO BRING BACK INFORMATION REGARDING THE
POTENTIAL FISCAL IMPACT AND ANY FINANCIAL
ARRANGEMENTS NECESSARY TO PARTICIPATE —
APPROVED
MR. OCHS: Madam Chair, Item 11F was previously Item 16F4.
This is a recommendation to authorize staff to work with the Florida
Department of Environmental Protection to evaluate options for the
county's future potential participation in the operation of the
Everglades City utility. This was moved forward at Commissioner
Taylor's request.
COMMISSIONER HILLER: Motion to approve.
CHAIRMAN FIALA: Well, let's hear what it is, if you don't
mind.
COMMISSIONER HILLER: Sure.
CHAIRMAN FIALA: Go ahead.
MR. CASALANGUIDA: Commissioner, if you have questions,
I'm here to answer questions.
COMMISSIONER TAYLOR: No. I'm interested in --
MR. CASALANGUIDA: Sure. Just some background, I guess,
is what the commissioner would like me to bring up.
FDEP, who's the regulatory agency, reached out to us several
times at the local office and also at the main office; noted they were
having issues with Everglades City management of the utility; asked us
our willingness to participate. Obviously, we conveyed to DEP that it's
a Board decision.
I said, please send me official notification, which Paula Cobb at
the main office did. With that, it's our intent to bring back a finding to
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the Board of what it would take if we were to proceed and what other
options the Board might have if they chose not to proceed with taking
over this utility. I think that's our action and our plan right now.
Nothing else, nothing more.
Anything else, Commissioner, that you'd like me to put on the
record?
COMMISSIONER TAYLOR: No. I just -- where we are and
what -- having gone through this when I sat on the City Council, with
Collier County, I know how serious this is and, you know, what's our
time frame, or do we have a time frame at this point?
MR. CASALANGUIDA: DEP would like us to move
expeditiously, probably less than six weeks. I'm thinking it's going to
be six to 12 weeks before we have something back to this board.
Our intent is to work with DEP, counsel, as well as a consultant to
evaluate our options and bring back those findings to the Board first.
COMMISSIONER TAYLOR: All right.
CHAIRMAN FIALA: Don't they also handle Copeland water?
MR. CASALANGUIDA: They do.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: I think Commissioner Hiller was
first.
CHAIRMAN FIALA: Oh, okay. Commissioner Hiller? Oh,
were you from before?
COMMISSIONER HILLER: Yeah. I made a motion. I just
wanted to get a second on my motion to approve and --
CHAIRMAN FIALA: Oh.
COMMISSIONER HILLER: -- get staff to go forward, get the
information, bring it back, and get it done.
COMMISSIONER NANCE: Yeah. I will second it, but I'd just
like to -- I'd just like to make one comment before we vote.
Mr. Casalanguida, please, I understand that this is -- this is a
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difficult situation, and it's got a lot of complexities and a lot of history,
but I'd like to request, sir, kindly, that staff bring back, particularly
focused on the fiscal impact and the financial arrangements, if any, that
we need to secure with FDEP to take care of this so that the taxpayers
of Collier County's money is being properly managed, and we're not
extending ourselves without the full faith and support of FDEP to do
what we need to do.
I think we need to have that before we make a commitment to
them that we're going to do something, we have to make sure that we
have funding in place that doesn't -- that doesn't put the county's
budget at risk.
MR. CASALANGUIDA: And, clearly, Commissioner, I noted
that, picked up on your comments, and it's in the executive summary to
assess our liabilities and risks by moving forward.
COMMISSIONER NANCE: Yes, sir. Thank you.
CHAIRMAN FIALA: Could I just ask you a question, as long as
everybody else is done?
Does it pose any danger to their health in Everglades City?
MR. CASALANGUIDA: Ma'am, I wouldn't want to speculate
on that. It's too early for us to make any comments on that.
CHAIRMAN FIALA: Okay, fine.
They have their own water system there, and it's old. I'll just say
it that way.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN FIALA: Okay. I had a motion and a second. All
in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
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March 8, 2016
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: And that is a 5-0. Okay.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chairman, that would take you to Item 7 on
your agenda, public comments on general topics not on the current or
future agenda.
MR. MILLER: We have no registered speakers for public
comment.
CHAIRMAN FIALA: Very good.
MR. OCHS: Thank you, Mr. Miller.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that would take us now to Item 15,
which is your staff and Commission general communications.
CHAIRMAN FIALA: Okay. Let's start with Commissioner
Henning.
MR. OCHS: Commissioner, if I might, I just have a couple of
quick things.
CHAIRMAN FIALA: Oh, okay. Before us, all right.
MR. OCHS: For the Board, yes, for you.
The first is just a reminder, again, of-- your upcoming April
workshop with your CRAs begins at one p.m. on April the 5th.
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And the second thing is that our public information office
received a request from the Collier Citizens Council to record some
upcoming commission candidate forums and to rebroadcast those on
Collier TV.
COMMISSIONER HILLER: What's that?
MR. OCHS: The Collier Citizens Council, they're a civic
organization, is apparently sponsoring a couple of commission
candidate forums in April and May. They had inquired in our public
information office if we would be interested in taping those and
rebroadcasting them on Collier TV. I was not comfortable with that,
and I wanted to consult with the Board.
We certainly have the capability but, you know, my concern is the
precedent that's being set here. The Board has historically allowed the
League of Women Voters to host a candidate's forum after the
qualifying period in this chamber, and that's been the Board's
contribution, if you will, to public awareness and education. I just -- I
wanted to bring it to your attention and get some guidance on this
request.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. My opinion, you can't
deny one group over another just because they've done it historically.
This room belongs to the taxpayers, not the Board of
Commissioners. We're just managing it. So if you have one request for
a group and another group wants to continue, how can you deny either
one?
MR. KLATZKOW: There's a cost consideration between using
this room and going off site. I'll note that.
MR. OCHS: Yes. They are hosting these off site.
MR. KLATZKOW: If you want to follow precedent where you
allow the League of Women Voters the use of this room and you want
to open that up to anybody, that would be a fair thing to do, but to go
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off site is a significant cost.
COMMISSIONER NANCE: Is the discussion whether we're
going to let them utilize facilities or whether we're going to record and
make that information available and rebroadcast it and manage the
information? Is that what's --
COMMISSIONER HENNING: It should be in this --
CHAIRMAN FIALA: And this it's before the qualifying period
ends?
MR. OCHS: Yes. These are -- these four --
COMMISSIONER HILLER: We always did it after.
CHAIRMAN FIALA: I know that, but I'm asking --
MR. OCHS: This group is sponsoring a forum -- two forums;
one for District 3 candidates on April 13th at the Golden Gate Senior
Center, and District 5 forum on May 3rd at the IFAS facility that are
adjacent to the fairgrounds.
They're -- again, they're inquiring if we would have an interest or
be willing to tape those and rebroadcast them on Collier TV.
COMMISSIONER TAYLOR: I think it's a slippery slope.
COMMISSIONER HENNING: Tell them they can do it here in
this meeting -- or in this format here.
COMMISSIONER HILLER: No. I think Commissioner Taylor
is right. I don't think we should be doing it at all, actually. I think for
us to be engaging in -- and I think if we open it up to one, we have to
open it up to all in whatever the same fashion is, and then we can --
you know, we'd be taping for every group and putting it on Collier TV,
and Collier TV is supposed to be strictly for government business.
MR. KLATZKOW: You have been doing that, though.
COMMISSIONER HILLER: I understand. It doesn't --
MR. KLATZKOW: Correct me if I'm wrong, we've been doing it
for many, many years.
COMMISSIONER HILLER: And I understand that, but Collier
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TV --
MR. OCHS: The League has done it in this room --
COMMISSIONER HILLER: -- is supposed to be for --
MR. OCHS: -- every year.
COMMISSIONER HILLER: And I understand that, and I know
we have, but Collier TV is supposed to be for government business,
not for --
MR. KLATZKOW: It's Board direction.
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: Okay. So board members --
Commissioner Taylor?
COMMISSIONER TAYLOR: I spoke my piece.
CHAIRMAN FIALA: Okay. So, Commissioner Henning, you
would like to do this?
COMMISSIONER HENNING: Well, not off site. If they utilize
this room, just like the League of Women Voters, to be fair to all, not
just because one -- trying to pick one group over another.
CHAIRMAN FIALA: Okay. Commissioner -- oh,
Commissioner Nance.
COMMISSIONER NANCE: Yeah. I don't think that people in
District 5 have any desire to hold a forum in this room. This is
probably an hour trip for those folks. They'd much rather have it at the
-- you know, at the IFAS facility. So I don't know that, really, the
broadcast might not be as important to them as to have the event local
so they have a reasonable chance to attend.
So, you know, I don't think I could support us going out to IFAS,
which I think is a fair request and a great venue for them and, you
know, taking all our equipment out there and then doing that. I don't
think that's -- I really don't think that's a good idea personally, but --
maybe that's unfortunate, but --
CHAIRMAN FIALA: Any other comments?
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MR. OCHS: So I don't see a majority of the Board that would
want to do that.
That's all I have, Madam Chair.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: Okay. Weren't you going to read a letter
from -- or mention, from Jeff Page?
COMMISSIONER HILLER: Jeff Page.
MR. OCHS: I wasn't planning to, ma'am. I know there was a
letter that got addressed to the Board.
COMMISSIONER HENNING: I'm bringing that up at the next
meeting.
CHAIRMAN FIALA: Oh, okay. All righty.
MR. OCHS: Thank you.
CHAIRMAN FIALA: County Attorney?
MR. KLATZKOW: Nothing, ma'am.
CHAIRMAN FIALA: Okay. Back to Commissioner Henning.
COMMISSIONER HENNING: In our agenda packet I just want
to point out, you know, I was very much involved in bringing back fire
plan review within the county instead of the system they have that
doesn't work.
The interesting thing is our employees, the fire plan reviewers,
with the coordination and cooperation from Greater Naples, is
absolutely wiping out the floor with North Collier Fire Department in
their review times. And it's amazing that -- the difference on it just
because it's been administered by North Collier Fire Department, really
amazing. That's all I have.
CHAIRMAN FIALA: So you're saying they're doing a great job?
COMMISSIONER HENNING: Our employees is doing a great
job in the review time.
CHAIRMAN FIALA: And I think they've fixed a lot of
problems. Well, you know, but --
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March 8, 2016
COMMISSIONER HENNING: You don't get near the
complaints, do you, Commissioner?
CHAIRMAN FIALA: No, I don't, and with the great amount of
growth growing right here -- and we could really mess up badly. And
the thing is, things have been going so smoothly. So I'm very proud of
them.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Yeah. That's a good point.
Okay. Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Well, to begin, Commissioner Fiala, thank you for managing the
meeting today. You did a great job. It was very positive, very happy.
CHAIRMAN FIALA: Thanks.
COMMISSIONER HILLER: We addressed a lot of significant
issues, and I think it was, overall, very well done.
Leo, I would like to suggest -- and if I could have the Board's
support on this, I think it would be worthwhile to do what
Commissioner Nance recommended and that is that we bring back the
contract we have with the Clerk for review by this board to make a
determination of whether it needs to be modified and, if so, how.
And I would suggest -- I mean, you obviously need to put it on
the timeline that you think it's appropriate, you know, based on your
current workload and whatever you have to do to prepare to address
what's currently in the contract and what might need to change.
I think that would be a worthwhile exercise so that everybody
knows what that agreement is and make sure that it is what it can be
and it is what it should be and that we are, in fact, paying what we
ought to be paying for what we are getting or should be getting or
should not be getting, as the case may be.
CHAIRMAN FIALA: Thank you. Anything else?
MR. OCHS: Oh, Commissioner, if I could --
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March 8, 2016
COMMISSIONER HILLER: Yeah.
MR. OCHS: --just make sure I have, you know, a majority in
agreement or disagreement on that before I move out on something
like that.
COMMISSIONER HENNING: I'm okay with Commissioner
Hiller putting an item on the agenda so she can try to articulate a little
bit better when she is, and we take formal action on it.
COMMISSIONER HILLER: And, you know, it's interesting that
you say that, because in July of 2015 I actually put something on the
agenda -- and I'll introduce a copy of my executive summary in the
record.
And what I can actually do, Leo, is I can give you a copy of the
executive summary. I mean, you have it. It's obviously in the record.
It was part of the minutes, and let's bring it back.
COMMISSIONER HENNING: What was the vote on that?
COMMISSIONER HILLER: It doesn't matter.
COMMISSIONER HENNING: Well, yeah. It does matter. It's a
reconsideration.
COMMISSIONER HILLER: No, it's not. The time has long
expired. The reconsideration is limited. It's not a reconsideration.
COMMISSIONER HENNING: Well, you can't bring it over and
over just because you're campaigning for Clerk of Court.
COMMISSIONER HILLER: It's nothing to do with
campaigning. I'm a county commissioner. This is my job, and this is a
contract that we have with a vendor, and we need to review it and
address it because it's important.
COMMISSIONER HENNING: It's campaigning on the public
dole.
COMMISSIONER HILLER: No, it's not. No -- not at all. And
I'm sure that you will be talking about fire and you will be talking
about East Naples Fire, as you indicated you were going to bring Chief
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Page's letter forward in an executive summary at the next meeting,
which I applaud you for, and I think you should. You haven't retired
or resigned --
CHAIRMAN FIALA: So I guess any of us can bring something.
COMMISSIONER HILLER: -- as a county commissioner, have
you?
CHAIRMAN FIALA: I guess anybody can bring any --
COMMISSIONER HENNING: Do you have a question for me?
COMMISSIONER HILLER: I do.
CHAIRMAN FIALA: Children. Anybody can bring something
back and put something --
COMMISSIONER HILLER: Answer it in public.
CHAIRMAN FIALA: Commissioner Hiller.
COMMISSIONER HILLER: Yes, ma'am.
CHAIRMAN FIALA: Anybody can put something on the
agenda.
COMMISSIONER HILLER: Yep, absolutely.
CHAIRMAN FIALA: Okay. So that's --
COMMISSIONER HILLER: Jeff, am I okay to reintroduce this
executive summary?
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: Thank you.
MR. KLATZKOW: Enough time has passed.
COMMISSIONER HILLER: Thank you.
So, Leo, I have an executive summary which was prepared. And
what we can do is if there's -- there might be a few modifications I'd
like to introduce because there are some issues that have come up since
then, but I think this will be a starting point. I'll modify it accordingly,
and I'll bring it forward at a time that works for you and staff
MR. OCHS: Thank you.
CHAIRMAN FIALA: Is that all?
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COMMISSIONER HILLER: Well --
CHAIRMAN FIALA: Good.
COMMISSIONER HILLER: -- I think so. And happy St.
Patrick's Day. My most favorite holiday of the year.
CHAIRMAN FIALA: I'm dressed for it.
COMMISSIONER HILLER: And you always are, and I didn't
this time. And I'm heartbroken that I didn't, but I really do want to
wish everyone a happy St. Patrick's Day. It is, by far, in my opinion,
one of the best holidays bar none.
So please enjoy, and do engage in shenanigans, and the luck of
the Irish to all of you.
CHAIRMAN FIALA: Commissioner Nance has his tie on, and
so does his assistant.
COMMISSIONER NANCE: Yes. I had several ladies suggest
that I must wear green today, so I reluctantly complied, with my blue
shirt.
COMMISSIONER HILLER: You have good advisors.
COMMISSIONER NANCE: But in honor of my wife's heritage,
the Irish, I'm wearing this tie. And --
COMMISSIONER HILLER: I love the Irish.
COMMISSIONER NANCE: -- my dear departed brother-in-law
used to always comment that, indeed, the Irish discovered civilization
but drank a couple Guinness and forgot where they put it.
COMMISSIONER HILLER: That's so funny. That's really
funny.
COMMISSIONER NANCE: So I just have one thing that I
would like to do. I will remind board members that we are currently
scheduled on March the 14th to have the Florida Statute 164 process
mediation together between the Board of County Commissioners and
the fire board of North Collier Fire, and I just wanted to ask
Commissioner (sic) Klatzkow to --
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March 8, 2016
COMMISSIONER TAYLOR: County Attorney.
MR. KLATZKOW: No, no, no, no, no.
COMMISSIONER NANCE: Excuse me. Okay. The Clerk to
the Board Klatzkow.
CHAIRMAN FIALA: Clerk to the Board?
COMMISSIONER NANCE: Mr. Klatzkow, in your official
capacity, whatever that may be, could you kindly give us a little
definition and just describe what this mediation process is going to be
like and tell us -- tell the Board and the public who might be watching
what to expect and what our duties and what, kind of, the process is all
about.
MR. KLATZKOW: The mediation will be conducted in this
room. I imagine the format will look an awful lot like your workshop
formats with the tables in front.
Commissioner Nance will be joined by myself and the County
Manager. I'm not entirely sure who will be there for North Collier. I
understand that Mr. Lombardo will be there with his counsel. Whether
they have other people, I do not know.
The portion of the mediation that everyone is together will be
televised. And there will be a mediator there who will run the
proceedings. There will come a point in time when the mediator will
ask to talk to the parties separately. Those are confidential and will not
be televised. And so we will be going back and forth throughout the
course of the day between the mediator having, well, I'll call it, a
breakout session with the individual parties and then the parties talking
back and forth.
The public is invited to attend; however, there will be no public
comment since there is no decision to be made.
Whatever agreement is reached, if an agreement is reached, must
go back to both the separate boards for consideration and approval. At
that time there will be the public comment as to whether or not the
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March 8, 2016
agreement should be ratified.
My understanding is that the Board has given direction on this as
far as the offer goes. That will be the starting point of it.
I will tell you that mediation -- people do shift positions. That's
part of the process. It's not a "take it or leave it." That would be a
bad-faith mediation.
So I would expect that Commissioner Nance will be given several
alternatives by the Fire District and the mediator that he might bring
back to the Board. And, overall, that's the process.
CHAIRMAN FIALA: And what was the date and time, please?
MR. KLATZKOW: It's going to be March 14th. I believe we're
starting at nine.
CHAIRMAN FIALA: March 14th.
COMMISSIONER NANCE: That's a Monday, I believe.
COMMISSIONER TAYLOR: Next Monday.
CHAIRMAN FIALA: And what time?
COMMISSIONER TAYLOR: Nine.
COMMISSIONER NANCE: Nine a.m.
CHAIRMAN FIALA: So all the public is invited to sit in, right?
COMMISSIONER TAYLOR: No tomatoes, though.
MR. KLATZKOW: Oh, they can bring tomatoes; they just can't
throw them.
COMMISSIONER NANCE: I'm a veteran at that, sir. I'm not --
I've got no problem with tomatoes.
CHAIRMAN FIALA: You grow them.
Thank you very much for telling us that.
COMMISSIONER HILLER: Commissioner Nance?
CHAIRMAN FIALA: Anything else?
COMMISSIONER HILLER: Commissioner Nance?
COMMISSIONER NANCE: No. You know, I just wanted to let
everybody -- all the board members know that I've -- I have -- you
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March 8, 2016
know, I'm expecting a very good professional public process here, and
I'm representing the stipulations presented by the Board, and I'm -- you
know, I'm looking forward to a good-faith mediation.
And, you know, clearly, whatever comes back to the Board, the
Board will deliberate and make a decision. I'm anticipating that all the
discussions that occur during the mediation and subsequent action of
the North Collier Fire Board will come back to the Board of County
Commissioners at the meeting of March the 22nd for final
determination of the will of the Board.
COMMISSIONER HILLER: Commissioner Nance, can I
address Gail for a moment?
COMMISSIONER NANCE: Can you address Gail? Ma'am,
that's not for me to approve.
COMMISSIONER HILLER: There is a Facebook page called
Irish Americans, which I suggest you join. And most recently they had
a really cute little post. And it's pubs, the official sunblock of Ireland.
So since we live here and sunblock is a big deal, I thought that would
matter.
And I forgot to say that, yes, I do have green on. My nails are
green, as are my toes. So I forgot. I sincerely forgot. But I do love the
Irish, and I love you.
CHAIRMAN FIALA: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: This --
CHAIRMAN FIALA: You're next, right?
COMMISSIONER TAYLOR: Yes. And it was a question to
this. This won't be televised, but the public is invited to come; is that
correct?
CHAIRMAN FIALA: They said part of it would be televised,
right?
COMMISSIONER TAYLOR: Mr. Klatzkow, is it going to be
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March 8, 2016
televised?
MR. KLATZKOW: Partially televised.
COMMISSIONER TAYLOR: Oh, okay.
MR. KLATZKOW: Partially televised. The portion where the
parties are talking with each other will be televised. The portions
which the mediator will be separately engaged with each of the
separate parties will not be.
COMMISSIONER TAYLOR: All right. Very good.
So the CRA, we're having a workshop the same day that the
Bayshore CRA meets in the evening. So I think it's probably
fortuitous to discuss it at the workshop, because when I attended the
meeting last Tuesday and I -- Commissioner Fiala was there, Chairman
Fiala was there also -- there was a discussion about their financing;
there's a million dollars in reserve, whether they could loosen that up
and perhaps purchase a lot to build a parking lot.
So I think a very frank and clear discussion about the numbers
would go a long way in terms of addressing the lack of parking on
Bayshore and what the options would be.
So, perhaps, unless there's another -- something else that we are
going to discuss, I think it would be very helpful.
CHAIRMAN FIALA: Well, we can certainly suggest -- are they
going to be conducting this or -- I mean, you know, the CRAs are
going to be letting us know what their subjects are? Is that --
COMMISSIONER TAYLOR: I don't know how it works. I just
wanted to make sure that -- because I had asked -- I had sent a memo
to staff after that meeting saying, you know, we probably should
appear at the next meeting to discuss this because it was high on their
list and -- but as they're going to be here in the morning or in the
afternoon, I think it might be an idea to bring it forward then.
CHAIRMAN FIALA: Is it at one o'clock, Leo, or --
MR. OCHS: Yes. It's at one o'clock, ma'am, yes.
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March 8, 2016
CHAIRMAN FIALA: Yeah. We can -- who sets the agenda as
far as the topics that each CRA wants to discuss?
MR. OCHS: What typically happens, your CRAs have a
requirement to submit an annual report to this board. That usually
goes on your consent agenda on the meeting prior to the workshop.
That contains not only their financial information but also a review of
all the program areas that -- and the accomplishments and the work
product during the year.
So I think, Commissioners, that gives you broad latitude working
through that review of the annual report, and that will be an item on the
agenda for the workshop. They will present a summary of that annual
report, and that will allow you to get into any area of operations of
finance that I think you would want to.
So it will be -- it will be sufficiently brought on the agenda to
allow you to get, I think, where you want to go, Commissioner.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: I remember one time they were going to
build a parking garage there. Well, that was before the recession.
COMMISSIONER TAYLOR: Yeah. The conversation has
come back again.
CHAIRMAN FIALA: Do you have anything else?
COMMISSIONER TAYLOR: No. That's it. Thank you.
CHAIRMAN FIALA: Okay, fine.
And as for me, first of all, I apologize if I was kind of, like,
forcing the issue of trying to keep it moving along, but I tried not to cut
anybody off and let everybody -- God bless you -- but just so we could
keep the meeting moving forward, and we made it before noon. That's
it. Happy --
COMMISSIONER TAYLOR: Congratulations.
CHAIRMAN FIALA: Happy St. Patty's Day, everyone.
With that, meeting adjourned.
Page 98
March 8, 2016
**** Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER AND SEWER
FACILITIES FOR COVENANT PRESBYTERIAN CHURCH,
PHASE 1B, PL20140001481, ACCEPT UNCONDITIONAL
CONVEYANCE OF A PORTION OF THE WATER FACILITIES,
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $9,460.50 TO THE PROJECT ENGINEER
OR THE DEVELOPER'S DESIGNATED AGENT — LOCATED
OFF OF TAMIAMI TRAIL WITHIN THE PINE RIDGE
COMMUNITY
Item #16A2
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
ISLES OF COLLIER PRESERVE, PHASE 1 MULTI-FAMILY,
PL20130002469, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $35,958.63 TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
AGENT — FINAL INSPECTION WAS DONE ON NOVEMBER 5,
2015 AND THE FACILITIES WERE FOUND TO BE
SATISFACTORY AND ACCEPTABLE
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March 8, 2016
Item #16A3
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR VYNE HOUSE AT TALIS PARK (FKA
TUSCANY RESERVE CLUBHOUSE), PL20130002208, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $7,809.20 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT— FINAL INSPECTION
WAS DONE ON OCTOBER 30, 2015 AND THE FACILITIES
WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
BELLA FIRENZE, PL20140000190, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT — FINAL INSPECTION WAS DONE ON
OCTOBER 19, 2015 AND THE FACILITIES WERE FOUND TO
BE SATISFACTORY AND ACCEPTABLE
Item #16A5
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
COQUINA CIRCLE AT THE QUARRY, PL20130000980, AND
TO AUTHORIZE THE COUNTY MANAGER, OR HIS
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March 8, 2016
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT —
LOCATED OFF OF COLLIER BOULEVARD WITHIN THE
HERITAGE BAY PUD
Item #16A6
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $38,726.48 FOR PAYMENT OF $450, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. RAMIRO E. LLERENA AND
MARTHA R. LLERENA, CODE ENFORCEMENT BOARD CASE
NO. CESD20140012087, RELATING TO PROPERTY LOCATED
AT 11263 TAMIAMI TRAIL E., UNIT D, NAPLES, COLLIER
COUNTY, FLORIDA — VIOLATION CONSISTING OF
ALTERATIONS TO COMMERCIAL PROPERTY WITHOUT THE
PROPER COUNTY PERMITS AND BROUGHT INTO
COMPLIANCE ON JUNE 3, 2015
Item #16A7
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $135,564.64 FOR PAYMENT OF $2,000,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. REAL ESTATE HOLDINGS
OF TIENDA MEXICANA, INC., CODE ENFORCEMENT BOARD
CASE NO. CESD20120006666, RELATING TO PROPERTY
LOCATED AT 217 N. 15TH STREET, IMMOKALEE, COLLIER
COUNTY, FLORIDA — VIOLATION FOR ALTERATIONS TO A
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March 8, 2016
COMMERCIAL PROPERTY AND BROUGHT INTO
COMPLIANCE ON OCTOBER 7, 2015
Item #16A8
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $87,000 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.104
(PL20090000028) FOR WORK ASSOCIATED WITH THE
ARLINGTON OF NAPLES — SITE LOCATED OFF OF LELY
CULTURAL PARKWAY
Item #16A9
THE FEE SIMPLE CONVEYANCE OF PORTIONS OF THE
EXISTING LIVINGSTON ROAD RIGHT-OF-WAY LOCATED IN
SECTIONS 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 25
EAST — WITHIN THE GREY OAKS SUBDIVISION
Item #16A10
RECORDING THE FINAL PLAT OF HACIENDA BOULEVARD
PHASE ONE, (APPLICATION NUMBER PPL-PL20130001954)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY — LOCATED
OFF OF COLLIER BOULEVARD EAST OF RATTLESNAKE
HAMMOCK ROAD
Item #16A11
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March 8, 2016
RESOLUTION 2016-44: FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF REGAL ACRES PHASE ONE (APPLICATION
NUMBER PL20110001516) WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED AND AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16Al2
RECORDING THE FINAL PLAT OF LANE PARK,
(APPLICATION NUMBER PL20130001482); APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY. NOTE: THIS IS
A COMPANION ITEM TO 16D9 THAT RECOMMENDS
ACCEPTANCE OF A LAND DONATION AND MAINTENANCE
FEES TO CONSERVATION COLLIER IN LIEU OF ON-SITE
PRESERVE REQUIREMENTS — LOCATED NEAR THE
INTERSECTION OF RADIO ROAD AND LIVINGSTON ROAD
Item #16A13
RECORDING THE FINAL PLAT OF ESPLANADE GOLF AND
COUNTRY CLUB OF NAPLES BENVENUTO COURT,
(APPLICATION NUMBER PL20150002533) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — WITHIN THE MIRASOL PUD,
NORTH OF IMMOKALEE ROAD
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March 8, 2016
Item #16A14
NOTIFYING THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES - FORESTRY
DIVISION OF COLLIER COUNTY'S INTENT TO TERMINATE
THE LEASE OF TRACT 126, GOLDEN GATE ESTATES UNIT
NO. 23 (SW CORNER OF 8TH STREET NE AND RANDALL
BOULEVARD). (NO FISCAL IMPACT.) — LOCATED OFF OF
RANDALL BOULEVARD JUST WEST OF 6TH STREET NE
Item #16C1
A $586,432 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-54 TO DOUGLAS N. HIGGINS, INC.,
FOR PROJECT NUMBER 71065, "TAMIAMI WELLFIELD RAW
WATER MAIN VALVES & METER REPLACEMENT," AT THE
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT;
AND APPROVE BUDGET AMENDMENTS IN THE TOTAL
AMOUNT OF $350,000 — THE VALVE VAULT IS PRONE TO
FLOODING AND SUBMERGES THE CONTROL VALVES AND
FLOW METERS IN WATER FOR EXTENDED PERIODS OF
TIME
Item #16D1
AN AFTER-THE-FACT AMENDMENT TO THE MASTER
CONTRACT AND ATTESTATION STATEMENT WITH AREA
AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. FOR
FEDERAL-AND STATE-FUNDED SERVICES FOR SENIORS
PROGRAMS (NO FISCAL IMPACT) — RATIFYING A GRANT
AGREEMENT THAT WAS RECEIVED ON JANUARY 29, 2016
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March 8, 2016
UNDER CONTRACT #HM 203.14
Item #16D2
AN AFTER-THE-FACT AMENDMENT TO THE OLDER
AMERICANS ACT PROGRAM TITLE III AND ATTESTATION
STATEMENT WITH AREA AGENCY ON AGING OF
SOUTHWEST FLORIDA, INC. FOR SERVICES FOR SENIORS
PROGRAMS (NO FISCAL IMPACT) — RATIFYING A GRANT
AGREEMENT THAT WAS RECEIVED ON JANUARY 29, 2016
UNDER GRANT #OAA 203.16
Item #16D3
AN AFTER-THE-FACT AMENDMENT TO THE HOME CARE
FOR THE ELDERLY PROGRAM AND ATTESTATION
STATEMENT WITH AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. FOR SERVICES FOR SENIORS
PROGRAMS (NO FISCAL IMPACT) - RATIFYING A GRANT
AGREEMENT THAT WAS RECEIVED ON FEBRUARY 4, 2016
UNDER GRANT #HCE 203.15
Item #16D4
RELEASE OF LIEN FOR FULL PAYMENT OF A DEFERRAL OF
100 PERCENT OF A COUNTYWIDE IMPACT FEE FOR OWNER
OCCUPIED AFFORDABLE HOUSING DWELLING UNIT —
LOCATED AT 4520 BOTANICAL CIRCLE, NAPLES
Item #16D5
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March 8, 2016
A SATISFACTION OF MORTGAGE FOR THE COLLIER
COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM
FOR FULL PAYMENT IN THE AMOUNT OF $20,819.26 —
LOCATED AT 964 7TH AVE N, NAPLES
Item #16D6
SIX MORTGAGE SATISFACTIONS FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE
COMBINED AMOUNT OF $45,216.09 — FOR THE FOLLOWING
ADDRESSES: 4833 CORTEZ CIRCLE, 191 LEAWOOD CIRCLE,
8294 KEY ROYAL CIRCLE #1633, 3583 CARSON LAKES
CIRCLE, 236 PEBLE BEACH BOULEVARD #7402 AND 5428
27TH AVE SW
Item #16D7
A SATISFACTION OF MORTGAGE FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM
FOR FULL PAYMENT IN THE AMOUNT OF $20,000 —
PROPERTY LOCATED AT 5290 19TH AVE SW
Item #16D8
A BUDGET AMENDMENT RECOGNIZING $20,819.26 IN
REVENUE RECEIVED UNDER THE HOME INVESTMENT
PARTNERSHIP PROGRAM — FUNDS RECEIVED THROUGH
LOAN REPAYMENTS AND DOWN PAYMENT ASSISTANCE
Item #16D9
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March 8, 2016
A STANDARD DONATION AGREEMENT THAT ALLOWS
RADIO RD, LLC, A FLORIDA LIMITED LIABILITY COMPANY
TO DONATE A 1 .14 ACRE PARCEL ALONG WITH A
MANAGEMENT ENDOWMENT OF $19,608, A PORTION OF
WHICH IS A DONATION, TO THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM UNDER THE OFFSITE
VEGETATION RETENTION PROVISION OF THE LAND
DEVELOPMENT CODE LDC SECTION 3.05.07 H.1 .F.III. (B), AT
NO COST TO THE COUNTY, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE DONATION AGREEMENT AND
STAFF TO TAKE ALL NECESSARY ACTIONS TO CLOSE.
NOTE: THIS IS A COMPANION ITEM TO 16Al2 WHICH
RECOMMENDS APPROVAL TO RECORD THE FINAL PLAT
OF LANE PARK — LOCATED WITHIN THE WINCHESTER
HEAD PRESERVE IN GOLDEN GATE ESTATES
Item #16D10
A FEDERAL TRANSIT ADMINISTRATION SECTION 5310
GRANT AWARD IN THE AMOUNT OF $527,800, NECESSARY
BUDGET AMENDMENTS, AND THE PURCHASE OF SIX
PARATRANSIT VEHICLES AND RADIOS USING THOSE
FUNDS — FOR VEHICLES RECOMMENDED OR SCHEDULED
FOR REPLACEMENT BY FLEET MANAGEMENT
Item #16D11
THE ADVERTISEMENT OF AN ORDINANCE FOR FUTURE
CONSIDERATION ESTABLISHING A PUBLIC TRANSIT
ADVISORY COMMITTEE
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March 8, 2016
Item #16D12
A RELEASE, WAIVER & REFUNDING AGREEMENT AND
PLAN OF FINAL DISTRIBUTION FOR THE FRANZ PSCHIBUL
REVOCABLE TRUST OF 1996, TO ACCEPT FINAL
DISTRIBUTION IN THE AMOUNT OF $295,264.82 TO
SPECIFICALLY BENEFIT THE NAPLES REGIONAL BRANCH
LIBRARY AND AUTHORIZE THE CHAIRMAN TO APPROVE
THE REQUIRED RECEIPT AND NECESSARY BUDGET
AMENDMENT — THE TRUST SPECIFIES THAT FUNDS MUST
BE USED AT THE NAPLES REGIONAL LIBRARY
Item #16D13
APPROVAL OF CORRECTED PAGES TO THE SECTIONS 5310,
5311 AND 5339-RURAL FY 2015/2016 GRANT APPLICATIONS
FOR RE-SUBMITTAL TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D14
A LANDLORD PAYMENT AGREEMENT, ALLOWING THE
COUNTY TO ADMINISTER THE RAPID RE-HOUSING AND
HOMELESSNESS PREVENTION PROGRAM THROUGH THE
EMERGENCY SOLUTIONS GRANT PROGRAM — WITH PIKUS
PROPERTY MANAGEMENT, LLC
Item #16E1
RESOLUTION 2016-45: A LICENSE AGREEMENT WITH
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March 8, 2016
SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO
UTILIZE SPACE WITHIN THE COUNTY-OWNED
COMMUNICATIONS EQUIPMENT SHELTER ON STOCKADE
ROAD, IMMOKALEE
Item #16E2
A BUDGET AMENDMENT IN THE AMOUNT OF $222,360.60
TO FUND THE COST OF MOVING COLLIER COUNTY
INFORMATION TECHNOLOGY FIBER OPTIC CABLING IN
CONJUNCTION WITH TRANSPORTATION PROJECT #60040 —
AWARDED TO AZTEK COMMUNICATIONS OF SOUTH
FLORIDA, INC.
Item #16E3
THE CONVEYANCE OF A GRANT OF UTILITY EASEMENT
TO COMCAST CABLE COMMUNICATIONS MANAGEMENT,
LLC, TO PROVIDE CABLE CONNECTIONS FOR USE OF THE
LOCUTION SYSTEM, INC. (A FIRE AND EMS STATION
ALERTING SYSTEM) WITHIN COLLIER EMS STATION NO. 76
AT VANDERBILT/LOGAN — FOLIO #41820800009
Item #16E4
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR MODIFICATIONS
TO WORK ORDERS, CHANGE ORDERS, SURPLUS PROPERTY
AND OTHER ITEMS AS IDENTIFIED — COVERING THE
PERIOD OF JANUARY 21, 2016 THROUGH FEBRUARY 17,
2016
Page 109
March 8, 2016
Item #16E5 — Moved to Item #11E (Per Agenda Change Sheet)
Item #16F1
THE TERMINATION OF AGREEMENTS BETWEEN FINE &
DANDY SERVICE, INC. (D/B/A NAPKING) AND THE COLLIER
COUNTY WATER-SEWER DISTRICT FOR PAYMENT OF
WASTEWATER IMPACT FEES AND ALLOWANCE FOR
FUNDS PRUDENTLY INVESTED FEES RELATED TO
BUILDING PERMIT NUMBER 2010070017, AND A DEBT
WRITE-OFF IN THE AMOUNT OF $13,839.69 — THE COUNTY
WAS NOTIFIED THAT NAPKING HAD OFFICIALLY CLOSED
AND ALL ASSESTS WERE LIQUIDATED
Item #16F2
TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO
SUPPORT THE FOUR UPCOMING FY16 SPORTS EVENTS UP
TO $15,300 AND MAKE A FINDING THAT THESE
EXPENDITURES PROMOTE TOURISM — FOR THE
FOLLOWING UP COMING EVENTS: NAPLES SPRING
SHOOTOUT TO BE HELD APRIL 2-3, 2016, TBS/FLORIDA
STATE BASEBALL CHAMPIONSHIP TO BE HELD APRIL 22-
24, 2016, SPORTS RECRUITING USA SOCCER SHOWCASE TO
BE HELD APRIL 23-24, 2016 AND THE FHSAA BOYS'
VOLLEYBALL STATE CHAMPIONSHIP TO BE HELD MAY 6-
7, 2016
Item #16F3 — PRESENTED AT THE BEGINNING OF THE
MEETING
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March 8, 2016
AN AGREEMENT BETWEEN COLLIER COUNTY AND
ARTHREX UNDER THE CAPITAL INVESTMENT FOR
DIVERSIFICATION INCENTIVE ("CID") PROGRAM
PROVIDING A GRANT IN THE AMOUNT OF $572,970 IN
SUPPORT OF ARTHREX'S PLANNED 161,000 SQUARE FOOT
MEDICAL DEVICE MANUFACTURING FACILITY
EXPANSION PROJECT AT AVE MARIA
Item #16F4 — Moved to Item #11F (Per Agenda Change Sheet)
Item #16F5
AUTHORIZING PAYMENT OF THE OUTSTANDING
BALANCE DUE FOR THE PURCHASE AND INSTALLATION
OF OFFICE FURNISHINGS AND A MODULAR WALL SYSTEM
AT THE NAPLES BUSINESS ACCELERATOR TO OFFICE
FURNITURE AND DESIGN CONCEPTS (OFDC) IN THE
AMOUNT OF $195,328.28 — UNDER AGREEMENT #SL007
Item #16G1
COLLIER COUNTY AIRPORT AUTHORITY (AUTHORITY)
STANDARD FORM LEASE AGREEMENT WITH RTH
ENTERPRISE, INC., AND ASSOCIATED SUBLEASE
ARRANGEMENT WITH WEST COAST KARTING, INC — FOR
GO CART OPERATIONS ON 41.14 ACRES AT THE
IMMOKALEE REGIONAL AIRPORT
Item #16G2
A SITE LICENSE AGREEMENT WITH THE IMMOKALEE
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March 8, 2016
CHAMBER OF COMMERCE, INC. APPROVING THE USE OF
COUNTY-OWNED PROPERTY FOR THE PURPOSE OF
HOLDING THE HARVEST FESTIVAL EVENT AT THE
IMMOKALEE REGIONAL AIRPORT ON APRIL 22-24, 2016
Item #16G3
A T-HANGAR LEASE AGREEMENT BETWEEN THE COLLIER
COUNTY AIRPORT AUTHORITY AND EXEC. AIR, INC., OF
NAPLES AND HIGH SOARING, INC — FOR HANGAR AND
STORAGE SPACE AT THE IMMOKALEE REGIONAL AIRPORT
Item #16H1
RESOLUTION 2016-46: APPOINTING DENISE MURPHY TO
CATEGORY "E" WITH TERM EXPIRING OCTOBER 1, 2018,
JOSEPH SCHMITT TO CATEGORY "I" WITH TERM EXPIRING
OCTOBER 1, 2018, CHRISTINA APOSTOLIDIS TO CATEGORY
"J" WITH TERM EXPIRING ON OCTOBER 1, 2017 AND DR.
CARLOS PORTU TO CATEGORY "K" WITH TERM EXPIRING
OCTOBER 1, 2017 TO THE AFFORDABLE HOUSIN ADVISORY
COMMITTEE
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
Page 112
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
March 8, 2016
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. CLERK OF COURTS:
1) Items to be Authorized by BCC for Payment:
B. DISTRICTS:
1) Heritage Greens Community Development District:
Meeting Agenda 01/18/2016
Meeting Minutes 01/18/2016
C. OTHER:
March 8, 2016
Item #16J1
RECORDING IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN FEBRUARY 11 AND
FEBRUARY 24, 2016 PURSUANT TO FLORIDA STATUTE
136.06
Item #16K1
A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN
THE TOTAL AMOUNT OF $41,749 FOR PARCELS 118RDUE,
118DE, AND 118TDRE, IN THE LAWSUIT CAPTIONED
COLLIER COUNTY V. JOHN C. PEEPLES, ET AL, CASE NO.
2015-CA-1957, REQUIRED FOR THE CONSTRUCTION OF A
REPLACEMENT BRIDGE ON WHITE BOULEVARD OVER THE
CYPRESS CANAL, PROJECT NO. 66066. (FISCAL IMPACT:
$7,049)
Item #16K2
A JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT
OF $8,000 FOR PARCEL 227RDUE, IN THE LAWSUIT
CAPTIONED COLLIER COUNTY V. ARABEL SUBIAUT, ET
AL, CASE NO. 2014-CA-2762, REQUIRED FOR THE
CONSTRUCTION OF ROADWAY IMPROVEMENTS TO
GOLDEN GATE BOULEVARD PROJECT NO. 60040. (FISCAL
IMPACT: $6,025) — LOCATED AT THE CORNER OF GOLDEN
GATE BOULEVARD AND 14TH STREET NE
Page 113
March 8, 2016
Item #16K3
HIRING HOLE MONTES, INC. FOR EXPERT ANALYSIS AND
TESTIMONY IN AN AMOUNT NOT TO EXCEED $24,357,
WILCOX APPRAISAL SERVICES, INC. FOR EXPERT
APPRAISAL SERVICES AND TESTIMONY IN AN AMOUNT
NOT TO EXCEED $50,000, AND AGNOLI, BARBER &
BRUNDAGE, INC. FOR EXPERT ANALYSIS AND TESTIMONY
IN AN AMOUNT NOT TO EXCEED $35,000 FOR SUPPORT IN
THE EMINENT DOMAIN CASES STYLED COLLIER COUNTY
V. S.D. CORPORATION, INC., CASE NO. 15-CA-1580, AND
COLLIER COUNTY V. APRIL CHAPPELL, ET AL., CASE NO.
10-3932-CA FILED IN THE LELY AREA STORMWATER
IMPROVEMENT PROJECT, NO. 51101. (FISCAL IMPACT:
$109,357) — WITHIN THE SHADOWWOOD PUD NORTH OF
RATTLESNAKE HAMMOCK ROAD BETWEEN COLLIER
BLVD. AND SANTA BARABARA BLVD.
Item #16K4
AUTHORIZING THE EXPENDITURE TO RETAIN ROBIN
DOYLE OF DOYLE CONFLICT RESOLUTION, INC. TO SERVE
AS MEDIATOR FOR THE MEDIATION WITH THE NORTH
COLLIER FIRE CONTROL AND RESCUE DISTRICT AS
REQUIRED BY THE CH. 164 GOVERNMENTAL CONFLICT
RESOLUTION ACT — TO BE HELD ON MARCH 14, 2016 IN
THE BCC CHAMBERS
Item #16K5
Page 114
March 8, 2016
A RETENTION AGREEMENT FOR LEGAL SERVICES WITH
LAW OFFICE OF BRIAN ARMSTRONG, PLLC — FOR
EXPERTISE KNOWLEDGE IN PUBLIC UTLITY LAW
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11:51 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
a-3-40 14.
DONNA FIALA, CHAIRMAN
ATTEST
DIGHT ,BROCK, CLERK
0._a-v\ALITA
Attest as to Chairman's
'signature only.
These minutes proved by the Board on u ) L� )I , as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 115