BCC Minutes 04/12/2016 R BCC
REGULAR
MEETING
MINUTES
April 12, 2016
April 12, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 12, 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
Tim Nance
Tom Henning
Penny Taylor
Georgia Hiller
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Nick Casalanguida, Deputy County Manager
Crystal Kinzel, Finance Director
Troy Miller, Manager, Television Operations
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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
April 12, 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 Representative
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."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
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April 12, 2016
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 Michael Bannon - Crossroads Community Church of Naples
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. March 8, 2016 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS
4. PROCLAMATIONS
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April 12, 2016
A. Proclamation honoring The Holocaust Museum & Education Center of
Southwest Florida for 15 years of teaching the lessons of the Holocaust to
inspire action against bigotry, hatred and violence. To be accepted by
members of The Holocaust Museum & Education Center of Southwest
Florida's board.
B. Proclamation designating Tuesday, April 12, 2016, as NCH Healthcare
System and Blue Zones Project — SWFL Day in Collier County. To be
accepted by Dr. Allen Weiss, President and CEO of NCH Healthcare
System, and additional NCH and Blue Zones Project team members.
C. Proclamation designating the week of April 10-16, 2016 as National Public
Safety Telecommunicators Week in Collier County, in recognition of 911
call-takers, dispatchers, staff trainers, supervisors, managers, technicians and
staff. To be accepted by Sheriff Kevin Rambosk, Capt. Chris Gonzalez,
Cmdr. Bill Rule, Manager Nick McFadden, 911 dispatchers and staff.
D. This item continued from the March 8, 2016 BCC Meeting. Proclamation
honoring the North Collier Fire Center, which was named the 2015 Florida
Training Center of the Year by the Florida Fire Training Director's
Association, 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.
E. Proclamation designating the week of April 12, 2016 as the 36th
Anniversary of Know Your County Government Week. To be accepted by
Tish Roland, Wendy Hodgsen and Kathy Ryan representing the Collier
County University Extension and local 4-H Youth Development and 4-H
Students.
F. Proclamation recognizing Angels Undercover for serving families of Collier
County by providing clothing to students who would otherwise attend school
inadequately dressed. To be accepted by Jackie Bennett, Founder of Angels
Undercover and Sherry Whalen, Vice-President of Angels Undercover.
G. Proclamation designating April 23, 2016 as Immokalee Harvest Festival and
Parade Day in Collier County, in celebration of farm workers and the harvest
of our farming community. To be accepted by Cherryle Thomas, Danny
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April 12, 2016
Gonzalez, Andrea Halman, and Mariela Romero representing the Immokalee
Harvest Festival and Parade, the Immokalee Chamber of Commerce and
Immokalee area businesses and residents.
H. Proclamation recognizing and congratulating CJ's On the Bay for receiving
the WRAP award for its continued efforts to promote waste reduction, reuse
and recycling and for sustaining the usable life of the Collier County
Landfill. To be accepted by the owners Curt & Jacquie Koon, and Laura
Owen, executive chef/restaurant manager.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for April 2016 to
Champions for Learning. To be accepted by Susan McManus, President,
Champions for Learning; Michael Dalby, President and CEO, the Greater
Naples Chamber of Commerce; Kristi Bartlett, Vice President, Economic
Development, the Greater Naples Chamber of Commerce; and Ashley
Porraro, Account Executive, the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Anthony P. Pires Jr., on behalf of the
Vanderbilt Beach Residents Association, Inc., requesting that the Board of
County Commissioners direct staff to reevaluate the staff approved
administrative parking reduction for the Beach Box Café located at 9020
Gulf Shore Drive, Naples, and to further direct staff to bring
recommendations to the Board to amend the Land Development Code
provisions relating to administrative parking reductions to require notice be
provided to surrounding property owners.
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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April 12, 2016
A. This item requires that all participants be sworn in and exparte
disclosure be provided by commission members. Recommendation to
approve Ordinance No. 2004-41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of the herein described real property from a Rural Agriculture (A) zoning
district to a Residential Planned Unit Development (RPUD) zoning district
for the project to be known as the Abaco Club RPUD, to allow construction
of a maximum of 104 residential dwelling units on property located at the
southwest corner of Immokalee Road and Woodcrest Drive in Section 26,
Township 48 South, Range 26 East, Collier County, Florida, consisting of
15.9 +/- acres; and by providing an effective date [Petition PUDZ-
PL20150000204] [This is a companion to Agenda Item #16K3].
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 14-24, the Buckley Mixed Use Planned Unit
Development, to add single family detached dwellings and two-family,
duplex dwellings as permitted uses in the residential component of the PUD,
to add a master plan for residential development as an alternative to a mixed
use or all commercial development, to add deviations to allow more signage
and to allow dead-end streets. The subject property is located at the
northwest quadrant of the intersection of Airport-Pulling Road (CR 31) and
Orange Blossom Drive in Section 2, Township 49 South, Range 25 East,
Collier County, Florida, consisting of 21.7+/- acres; and by providing an
effective date (PUDA-PL20150001084).
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that the Board of County Commissioners (Board) ratify
the addition of four (4) non-voting members to the Local Rule Review
Committee to provide local input to the Florida Fish and Wildlife
Commission on proposed changes to the manatee protection zones in Collier
County.
B. Recommendation for a 6-month moratorium on golf course conversion
applications in order to provide staff time to study the various issues that
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April 12, 2016
should be considered before any recommendations are considered by the
Board of County Commissioners. (Commissioner Taylor)
C. Recommendation for staff to review the transportation/infrastructure impacts
of the future development of Collier County's Eastern Lands, to present the
results of the review to the Board of County Commissioners and to
participate in the US Fish and Wildlife Service Environmental Impact Study
(EIS) to help guide the process of the EIS. (Commissioner Taylor)
D. Recommendation that the Board of County Commissioners direct the
County Manager to work with the Collier County Clerk of Courts to develop
a process that will insure prompt payment of invoices. (Commissioner
Taylor)
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a Resolution authorizing 1) the issuance of the
Collier County Water-Sewer District Water and Sewer Refunding Revenue
Bond, Series 2016, in a principal amount not to exceed $60,000,000 to
refund the outstanding balance of the Collier County Water-Sewer District
Water and Sewer Revenue Bonds, Series 2006, to achieve debt service
savings of approximately $5.8 million; 2) awarding of the Series 2016
Bonds pursuant to a public bid; 3) the execution and delivery of an escrow
deposit agreement with US Bank and with The Arbitrage Group as the
Verification Agent; 4) the execution and delivery of a preliminary official
statement, an official statement and a continuing disclosure agreement; and
(5) certain other matters. (Joe Bellone, Operations Support Division
Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
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April 12, 2016
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.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Vanderbilt Beach Road from US 41 to
Goodlette-Frank Road, with two (2) recognition signs and two (2)
Adopt-a-Road logo signs at a total cost of$200 with the volunteer
group, Downing-Frye Realty, Inc.
2) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Lake Trafford Road from Carson Road to
Little League Road, with two (2) recognition signs and two (2) Adopt-
a-Road logo signs at a total cost of$200 with the volunteer group,
Lake Trafford Elementary School.
3) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
389RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $600).
4) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
29ORDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $5,100).
5) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
286RDUE) required for the expansion of Golden Gate Boulevard
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $5,100).
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April 12, 2016
6) Recommendation to award Contract No. 16-6584, County Wide
Pathways - Cypress Way East Sidewalk Project, to Coastal Concrete
Products, LLC, d/b/a Coastal Site Development, in the amount of
$310,337.50, Project No. 60118.4.
7) Recommendation to award Invitation to Bid (ITB) #16-6537R
"Annual Contract for Landscape Maintenance" to primary, secondary
and tertiary contractors.
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$81,300 which was posted as a
guaranty for Excavation Permit Number 60.113 (PL20140000392) for
work associated with TwinEagles Grand Arbors Phase Two C, Block
109.
9) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$25,000 which was posted as a guaranty for
Excavation Permit Number 60.097 (PL20130001021) for work
associated with Beach House Assisted Living Facility (fka Meridian
Village).
10) Recommendation to approve and authorize the Chairman to sign the
Utility Facilities Quit-Claim Deed and Bill of Sale between Collier
County and KE Talis Park Properties, LLC, in order to reconvey to
KE Talis Park Properties, LLC all irrigation utility facilities associated
with the development project at Talis Park Drive, PL20140000987,
which were previously erroneously conveyed to the County.
11) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Riverstone Plat
3, PL20130001035, 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.
12) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Saturnia Falls
Plat 1, Phase 3, PL20130000615, and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
amount of$4,000 to the Project Engineer or the Developer's
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April 12, 2016
designated agent.
13) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Saturnia Falls
Plat 1, Phase 1, PL20110002821, and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
amount of$4,000 to the Project Engineer or the Developer's
designated agent.
14) Recommendation to approve final acceptance of the water utility
facilities for VI at Bentley Village Sales Center, PL20140002129, 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$5,897.24 to the Project Engineer or the
Developer's designated agent.
15) Recommendation to direct the County Manager to prepare an
interlocal agreement with the City of Naples for a joint stormwater
and sanitary sewer improvement project for various streets between
Goodlette-Frank Road and US-41.
16) Recommendation to approve a change order for the "One Hundred
(100) Year Flood Elevations for Five (5) Basins in Collier County"
project in the amount of$50,000 for the ongoing update of the Federal
Emergency Management Agency (FEMA) Digital Flood Insurance
Rate Map (DFIRM) and extend the time of completion by an
additional 365 days. [Project No. 50100]
17) Recommendation for approval of the 2016 Collier County beach
renourishment plan and make a finding that this item promotes
tourism.
18) Recommendation to accept Bid No. 16-6601 Collier Creek Interim
Dredging from Waterfront Property Services, LLC dba Gator
Dredging dated February 18, 2016 for a bid price of$708,000;
authorize anticipated mobilization savings of$120,000 to be split
equally between Collier County and the Hideaway Beach District
through utilization of the same contractor; authorize the Chairman to
execute a contract to perform this work; authorize necessary budget
amendment; and make a finding that this item promotes tourism.
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April 12, 2016
Project No. 195-90064.
19) Recommendation to award Invitation to Bid (ITB) #16-6066
"Automotive Powered Airboat and Trailer" to Diamondback
Manufacturing, LLC in the amount of $62,901.
20) Recommendation to award Invitation to Bid (ITB) #16-6541
"Roadway Paint, Thermoplastic Markings, and Raised Markers" to
McShea Contracting, LLC as the primary contractor.
21) Recommendation to approve a Florida Power & Light Company
Right-of-Way Consent Agreement and accompanying memorandum
required for the replacement of the Pine Ridge Weir at Creekside
Parkway (Project No. 60119.) Estimated Fiscal Impact: $27.
22) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Riverstone - Plat Two
Application Number 20120001179 with the roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security.
23) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Maple Ridge at Ave Maria
Phase 1 Application Number PL2013000058 with the roadway and
drainage improvements being privately maintained and authorizing
the release of the maintenance security.
24) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Copper Cove Preserve
Unit 3 Application Number PL20120000116 with the roadway and
drainage improvements being privately maintained, and authorizing
the release of the maintenance security.
25) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Veronawalk Townhomes
Phase Two Application Number AR-5046 with the roadway and
drainage improvements being privately maintained and authorizing
the release of the maintenance security.
26) This item requires that ex parte disclosure be provided by
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April 12, 2016
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Avalon Park - Battlecreek Way
Extension (Application Number PL20150002907) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
27) Recommendation to approve the release of a code enforcement lien
with an accrued value of$128,900 for payment of$2,895, in the code
enforcement action entitled Board of County Commissioners v. BAC
Homeloans Servicing LP, Code Enforcement Special Magistrate Case
No. CESD20100009592, relating to property located at 2267 51st
Terrace SW, Collier County, Florida.
28) Recommendation to approve the release of a code enforcement lien
with an accrued value of$11,333.50 for payment of$2,283.50 in the
code enforcement action entitled Board of County Commissioners v.
Joseph C. Lester, Code Enforcement Special Magistrate Case No.
CEPM20140008380 relating to property located at 4395 Kentucky
Way, Collier County, Florida.
29) Recommendation to approve the release of a code enforcement lien
with an accrued value of$274,580.57 for payment of$580.57 in the
code enforcement action entitled Board of County Commissioners v.
Terry J. Kramer, Code Enforcement Board Case No.
CESD20120008679 relating to property located at 825 11th Street.
SW, Collier County, Florida.
30) Recommendation to approve the release of three (3) code enforcement
liens with a combined accrued value of$1,386,000 for payment of
$462, in the code enforcement actions entitled Board of County
Commissioners v. Omar Raul Garcia, Code Enforcement Board Case
Nos. CELU20100018294, CEPM20100018330 and
CESD20100018347, relating to property located at 10651 Greenway
Rd., Collier County, Florida.
31) Recommendation to approve the release of a code enforcement lien
with an accrued value of$311,112.56 for payment of$2,112.56, in the
code enforcement action entitled Board of County Commissioners v.
Jennifer Bonacki, Code Enforcement Special Magistrate Case No.
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April 12,2016
CEPM20120001710, relating to property located at 2456 Millcreek
Lane, Collier County, Florida.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve the payment of the remaining invoices to
Q. Grady Minor for work completed on the Sugden Park Pathway
Feasibility Study.
2) Recommendation to award Bid No. 15-6441 Pineland Avenue
Stormwater Improvements to Andrew Sitework, LLC for a bid price
of$91,285.50 and authorize the Community Redevelopment Agency
Board Chair to execute a contract to perform the work.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Invitation to Bid #15-6466 for the
purchase of cyber lock security access control components for the
Public Utilities Department to E.R. Tech Systems Group Inc., (d/b/a
Broadcast Systems).
2) Recommendation to award Invitation to Bid #15-6507, "Large
Meters," to Sunstate Meter and Supply, Inc., for the purchase of large
water meters and components.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve an Agreement for the Collier County
Sheriffs Office to provide security and Special Law Enforcement
Services reimbursed by the Board of County Commissioners for
special events occurring throughout the year at Collier County Parks
and Recreation facilities and authorize the County Manager or his
designee to sign a Law Enforcement Special Detail Agreement for the
provision of these services.
2) Recommendation to approve the "Tigertail Beach Restroom
Addition" in the amount of$19,263 and make a finding that this
expenditure promotes tourism.
3) Recommendation to approve the State Housing Initiatives Partnership
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April 12, 2016
Annual Report and authorize the Chairwoman to sign the State
Housing Initiatives Partnership Certification for fiscal year 2012/2013
to ensure compliance with program requirements.
4) Recommendation to approve Change Order #1 to McGee &
Associates for safety improvements associated with the design plans
to the sidewalk/pathway connecting the Collier County beach parking
lot at the end of Seagate Drive to the North Gulf Shore Boulevard
beach access for $5,140 and make a finding that this expenditure
promotes tourism.
5) Recommendation to approve and execute a Supplemental Joint
Participation Agreement (SJPA) with Florida Department of
Transportation (FDOT) to increase the amount of revenues awarded
under the State Transit Service Development Program, Contract
Number AQQ85 by $50,000 to improve the existing transit bus stops
in accordance with the American Disabilities Act (ADA); to provide
the required local match in the amount of$12,500; approve a
resolution authorizing the chair to sign the agreement; and authorize
all necessary budget amendments.
6) Recommendation to approve and authorize the Chairman to execute
an Agreement with the Collier County School District to provide for
the utilization of three mobile bleachers to be used for the US Open
Pickleball Tournament at East Naples Community Park.
7) Recommendation to approve and authorize the Chair to sign an
Agreement to Purchase Vended Meals from Another State-Approved
Program Sponsor with Collier County Public Schools to operate the
2016 Summer Food Service Program at designated recreation camps
and authorize all necessary budget amendments. (Fiscal Impact: Local
General Fund $26,649.40 and Grant Fund $80,148.06 for a total of
$106,797.46).
8) Recommendation to approve Contract No. 15-6530, "Professional
Design Services for Immokalee Fitness Center Remodel," Project
Number 33422 with Disney & Associates, P.A. (Fiscal Impact
$41,980).
E. ADMINISTRATIVE SERVICES DEPARTMENT
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April 12,2016
1) Recommendation to reject the sole response received from Invitation
to Bid (ITB) #16-6574 Large Vehicle Collision Repairs for Fleet
Vehicles and authorize staff to re-solicit.
2) Recommendation to recognize and appropriate revenue to the
Facilities Management Division cost center in the amount of
$244,081.30 through March of Fiscal Year 2015-2016 and approve all
necessary Budget Amendments.
3) Recommendation to approve Amendment #3 of Agreement #11-5729
with Allegiance, Inc., for Group Health Third Party Administration
Services, providing for an additional one year renewal term and
incorporation of an extension provision; and the rates will remain the
same.
4) Recommendation to approve adjustment to the pay grade of three
current classifications in the 2016 Fiscal Year Classification Plan
made from January 1, 2016 through March 31, 2016.
5) Recommendation to authorize the Division of Emergency
Management to purchase food and drinks for the flight crew and
support personnel from the National Hurricane Center during the
public aircraft static display at the Naples Airport (not to exceed
$500).
6) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for modifications to work orders,
change orders, surplus property and other items as identified.
7) Recommendation to award Request for Quotes (RFQ) #16-6594
Advertising of Delinquent Property Taxes to Scripps Media d/b/a
Naples Daily News as the news media source to advertise delinquent
real estate or property taxes.
8) Recommendation to authorize the County Manager to advertise an
ordinance for future consideration amending Section Twelve of the
Board's Purchasing Ordinance (Ordinance No. 2013-69, as amended)
to incorporate a procedure to accept unsolicited proposals.
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April 12, 2016
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
2) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
3) Recommendation to award RFP #16-6563 for Tourism Research
Services to Research Data Services, Inc., authorize the Chairman to
execute the County Attorney approved contract, and make a finding
that this item promotes tourism.
4) Recommendation to award RFP #15-6520 for Tourism Public
Relations Services to Lou Hammond and Associates, authorize the
Chairman to execute the County Attorney approved contract and
make a finding that this expenditure promotes tourism.
5) Recommendation to approve the 2016 Football University (FBU)
event expenses using Category "B" Tourist Development Tax Funds
with a local support budget of$86,000, authorize the Chairman to
execute the attached contract with All American Games, and make a
finding that this expenditure promotes tourism.
6) Recommendation to approve Tourist Development Tax Category "B"
funding to support the four upcoming FY 16 Sports Events up to
$12,400 and make a finding that these expenditures promote tourism.
7) Recommendation to award Invitation to Bid (ITB) #16-6566, Media
Monitoring Services to Cision US Inc. and make a finding that this
expenditure promotes tourism.
8) Recommendation to make a finding that the expenditure of Tourist
Development Tax Category "A" funds for maintenance dredging of
Clam Pass promotes tourism, authorize Category "A" funds for this
project, ratify the County Manager executed Contract with dredging
contractor Energy Resources, Inc., and authorize any necessary
budget amendments.
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April 12, 2016
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint a member to the Black Affairs Advisory
Board.
2) Recommendation to appoint three members to the Tourist
Development Council.
3) Recommendation to appoint three members to the Animal Services
Advisory Board.
4) Recommendation to appoint one member to the Lely Golf Estates
Beautification Advisory Committee.
5) Proclamation designating April 2016 as National County Government
Month. This proclamation will be sent by mail to recipients Bryan
Desloge, President of NACo and Lisa Hurley, Executive Director for
the Florida Association of Counties.
6) Proclamation designating April 10-16, 2016 as Crime Victim's Week
in Collier County and recognizing the Collier County Sheriff's Office,
State Attorney's Office, 20th Judicial Circuit and Project HELP, Inc.
who are joining forces with victim service programs, criminal justice
officials, and concerned citizens throughout Collier County and
America to raise awareness of victims' rights and observe National
Crime Victims' Rights Week. This proclamation will be sent by mail
to the listed recipients.
7) Proclamation designating April 2016 as Sexual Assault Awareness
Month in Collier County. This proclamation will be sent by mail to
Eileen Wesley, Sexual Assault Program Director, Project HELP, Inc.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
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April 12, 2016
1) Recommendation to approve the use of$500 from the Confiscated
Trust Funds to support the Florida Sheriffs Youth Ranches.
•2) Recommendation authorize execution of the budget amendment in the
amount of$105,000 for communications equipment (911).
3) Recommendation to approve the use of$500 from the Confiscated
Trust Funds to support the Florida Missing Children's Day
Foundation.
4) 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 March 10 to March 30, 2016 pursuant to Florida
Statute 136.06.
5) To provide the Board a "Payables Report" for the period ending
March 30, 2016 pursuant to the Board's request.
6) Recommendation that the Board of County Commissioners approves
the FY2016 SCAAP letter delegating authority to Sheriff Kevin
Rambosk to be the official grant applicant and contact person, or his
designee, and to receive, expends the payment and make any
necessary budget amendments of the FY2016 of the State Criminal
Alien Assistance Program (SCAAP) grant funds.
K. COUNTY ATTORNEY
1) Recommendation to approve a proposed Joint Motion and Stipulated
Final Judgment for Parcel 183RDUE in the lawsuit styled Collier
County v. Estilita Rodriguez, et al., Case No. 15-CA-333 for the
Golden Gate Boulevard widening project, Project No. 60040. (Fiscal
Impact: $7,400)
2) Recommendation to reject a mediated settlement agreement for an all-
inclusive amount of$2,100,000; authorize an Offer of Judgment to
Respondents, S.D. Corporation of Naples, Inc. and Cypress Landings
II of Naples, LLC, for Parcels 251DAME, 255DAME, 257DAME,
258DAME, 258TCE1 and 258TCE2 in the amount of$1,200,001
Page 17
April 12, 2016
(estimated to be $1,680,351.25 when attorney's fees and expert costs
are later included) in the lawsuit styled Collier County v. S.D.
Corporation of Naples, Inc., et al., Case No. 15-CA-1580, required for
the Wing South/Sandy Lane Interconnect portion of the Lely Area
Stormwater Improvement Project, Project No. 51101; and authorize
any necessary budget amendments. (Fiscal Impact: $669,851.25)
3) Recommendation to approve the proposed Developer Agreement with
Mary Wagner. This is a Companion Item to Item #9A (Abaco Club
PUD). If Item #9A is not approved, this Item shall be deemed denied.
(Fiscal Impact: None)
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that all participants be sworn in and exparte
disclosure be provided by commission members. Recommendation to
approve Ordinance No. 2004-41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of the herein described real property from a general commercial with a
Goodland Zoning Overlay (C-4-GZO) zoning district to a Village
Residential with a Goodland Zoning Overlay (VR-GZO) zoning district for
the project known as Goodland Rezone located in Block "Y", Goodland
Isles subdivision in Section 18, Township 52 South, Range 27 East, Collier
County, Florida, consisting of 1.36+ acres; providing for repeal of
Resolution No. 93-549, a conditional use for boat storage and sales and by
providing an effective date [RZ-PL20150000901].
Page 18
April 12, 2016
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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April 12, 2016
April 12, 2016
CHAIRMAN FIALA: Welcome, everyone. It looks so good to
see a nice full audience and all of these young faces.
We're joined today with Know Your County Government, young
people, and I'm so tickled to death that they would like to see what's
going on in county government and learn about it. Thank you for being
here, young folks. And thank you, everyone.
Now lock the door so that nobody leaves right after their subject,
okay, so we have a nice full audience.
COMMISSIONER TAYLOR: And the windows don't open so
you can't jump.
COMMISSIONER NANCE: Even if you think it's appropriate.
CHAIRMAN FIALA: And with that, I ask you to stand. Where
is our minister?
PASTOR BANNON: Right here. I'm one of the young faces.
MR. OCHS: This is Pastor, Michael Bannon, Madam Chairman,
from Crossroads Community Church of Naples to lead us in the
invocation this morning.
CHAIRMAN FIALA: Thank you.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR BANNON: Pray with me, please.
Oh, Lord God, what a privilege you've given to us to live in such
a beautiful place. We thank you for that.
And we thank you for our County Commissioners, who have
stepped up to serve, to preserve our way of life, our community, its
beauty, to be involved in creating new things and good things for us.
Father, I pray that today you would bless them with wisdom in
their deliberations. Where they are passionate and we come to
Page 2
April 12, 2016
impasses give them the wisdom for a way forward that would be good
for all.
Father, I pray that you would give them great insight into this
county and its needs.
Father, for those of us who are here, Lord, we are grateful for the
interest, grateful for this group Know Your County Government. And
I pray that as they see these proceedings that they too might be inspired
to serve and do well.
Father, help us to be good citizens. We ask that you would teach
us about yourself that we might know you the way you want to be
known. Glorify yourself we pray. Amen.
CHAIRMAN FIALA: Amen.
And with that, I ask you all to put your hands over your hearts
and say with me the Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you so much.
And with that, County Manager, would you like to begin?
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMIUSSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
(ITEM #16J4 SERVES A VALID PUBLIC PURPOSE AND
AUTHORIZE THE CLERK TO RELEASE PAYMENT)
MR. OCHS: Yes, ma'am. Good morning, Madam Chair,
Commissioners. These are the proposed agenda changes for the Board
of County Commissioners' meeting of April 12th, 2016.
The first proposed change is to add Item 10.E to this morning's
Page 3
April 12, 2016
regular agenda for an item to be heard at 10:00 a.m. It's a
recommendation to consider information regarding a potential spring
training baseball facility in Collier County.
That add is at Commissioner Fiala's request.
The next proposed change is actually to not hear that item or to
withdraw that item from today's agenda and have it rescheduled to a
future meeting to allow more adequate public notice. That change is
made at Commissioner Henning's request.
The next change is to add Item 10.F to today's County
Commission agenda, and that is a recommendation to direct the
County Attorney and the County Manager to ensure compliance with
our local government Prompt Payment Act.
And that item is brought forward at Commissioner Hiller's
request.
Next proposed change is to continue Item 16.A.7 from your
consent agenda to the April 26th BCC meeting, and that is due to a bid
protest that we'll need to hear at the staff level before we bring it back
to the Board with a recommendation.
The next proposed change is to move Item 16.A.20 to become
Item 11.B on your regular agenda. This is the recommendation to
award a contract for roadway marking and painting.
That move is made both at Commissioner Henning and
Commissioner Taylor's separate request.
The next proposed change is to move Item 16.D.4 from your
consent agenda to become Item 11.C. This is a change order to make
some sidewalk and pathway improvements in and around the Seagate
public beach access.
That move is made at Commissioner Taylor's request. And I
believe she may have a subsequent request on that one, ma'am, for
continuance?
COMMISSIONER TAYLOR: Yes, sir. I'm going to borrow this
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April 12, 2016
for a minute. I would like to request that it be continued.
MR. OCHS: Yes, ma'am, we'll bring that forward at the next
meeting?
COMMISSIONER TAYLOR: I think it will depend on how
much they can settle the concerns of neighbors that never got to see
this until this morning.
MR. OCHS: Will do.
COMMISSIONER TAYLOR: Thank you.
MR. OCHS: Thank you.
COMMISSIONER TAYLOR: A future meeting.
MR. OCHS: Yes, ma'am.
The next proposed change is to move Item 16.E.5 to become 11.D
on this morning's agenda. And that is a recommendation to authorize
an expenditure not to exceed $500 in support of the flight crew and
support personnel from the National Hurricane Center to bring the
Public Aircraft Static Display to the Naples Airport.
That move is made at Commissioner Taylor and Commissioner
Fiala's separate request.
The next change is to move Item 16.H.6 to become Item 4.I. It's a
proclamation designating April 10th through the 16th as Crime
Victims Week in Collier County.
That move is made at Commissioner Hiller's request.
The next proposed change is to move Item 16.H.7 to Item 4.J, and
that's a proclamation dealing with Sexual Assault Awareness Month.
That move is made at Commissioner Hiller's request.
The next proposed change is to continue Item 16.J.5 indefinitely
until such time as the Clerk certifies that the payables presented in the
report have been pre-audited as previously specified by the Board.
That change is made at Commissioner Fiala's request.
Also, I would ask the Board with regard to 16.J.4 to make a
finding that those expenditures serve a valid public purpose and that
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April 12, 2016
the Clerk is authorized to make disbursement.
We have a few agenda notes this morning, Commissioners. One,
as Madam Chair mentioned, we have the Know Your County
Government Teen Citizenship Program participants here with us today
and they will be attending a lunch with the Commissioners upstairs in
the fifth floor conference room at noontime.
Also another agenda note: Items 10.B and 10.D that were
brought onto the agenda by Commissioner Taylor are also being
co-sponsored by Commissioner Henning.
16.H.2, there's a title change and we're asking the Board to add
the appointment made by the City of Naples of Councilman Member
Michelle McLeod to your Tourist Development Council.
That change is made at the County Attorney's request when we
had late information from the City on that appointment.
Three time certain items are scheduled for today's meeting,
Commissioners: The first is Item 10.E. If that is heard, it will be heard
at 10:00 a.m.
Item 10.0 is scheduled to be heard at 10:45 a.m. That's
Commissioner Taylor's item having to do with the Habitat
Conservation Plan that's proposed in the Eastern Lands.
And finally, Item 10.D will be heard at 2:30 this afternoon.
One other reminder, we have court reporter breaks typically
scheduled for 10:30 and again at 2:50 in the afternoon, if required.
And public comment on general topics not on the current or
future agenda are heard no sooner than 1 :00 p.m. or at the conclusion
of the agenda, whichever occurs first.
And those, Madam Chair, are all the changes I have this morning.
I'm out of breath.
CHAIRMAN FIALA: Wow, that's quite a list.
County Attorney?
MR. KLATZKOW: I don't dare add anything else.
Page 6
April 12, 2016
CHAIRMAN FIALA: Good, I'm glad to hear that.
And now I ask all of the commissioners to declare their ex parte
on the agenda today.
And we'll start with you, Commissioner Henning.
COMMISSIONER HENNING: Ex parte communication on
today's consent and summary, I don't have -- I don't have anything.
The -- I do want to talk about the proposed changes, though.
Withdrawing the item on the baseball potential spring training facility,
more importantly is to -- is allow the public to participate in that item
by speaking. Items on five, they don't have the opportunity to do that.
CHAIRMAN FIALA: I've put it on the regular agenda so that
they do have an opportunity to speak.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: So would you still like to --
COMMISSIONER HENNING: No, I'll remove my item then.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HENNING: The other thing, is there any
backup material on 10.D, the add-on item?
COMMISSIONER HILLER: 10.D?
COMMISSIONER HENNING: 10 David.
COMMISSIONER TAYLOR: 10 David?
MR. OCHS: I don't believe that's an add-on sir, that was on the
regular agenda. That was one of--
COMMISSIONER HENNING: Commissioner Hiller's item, is
there --
MR. OCHS: Oh, that's Item 10.F, Commissioner.
COMMISSIONER HENNING: 10.F? Okay, is there any backup
material on that? Is there an executive summary on that?
MR. OCHS: Yes, sir, I -- yes, sir. There were hard copies
delivered and emails posted I think last evening or late yesterday
afternoon.
Page 7
April 12, 2016
COMMISSIONER HENNING: I don't have any hard copies.
COMMISSIONER TAYLOR: I don't either.
COMMISSIONER HENNING: Is there an urgency on this item,
add-on item?
MR. OCHS: It's not my item, sir.
COMMISSIONER HENNING: Is there an urgency on this item?
COMMISSIONER HILLER: Commissioner Fiala, may I speak?
CHAIRMAN FIALA: That's not mine, is it.
COMMISSIONER HILLER: No, it's mine.
COMMISSIONER NANCE: Commissioner Hiller's.
COMMISSIONER HILLER: May I speak to it?
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: Thank you.
Yes, all the information was provided to the commissioners
yesterday.
There is. The Clerk -- and I'm assuming that the Clerk is going to
be attending at 2:30; is that correct --
COMMISSIONER HENNING: You answered the question,
thank you.
COMMISSIONER HILLER: Is that correct?
COMMISSIONER HENNING: You answered my question.
COMMISSIONER TAYLOR: 2:30 is the time certain.
COMMISSIONER HILLER: Is the Clerk coming to speak at that
time?
COMMISSIONER TAYLOR: If that's the --
COMMISSIONER HILLER: Your item is 10.D.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER HILLER: Right.
So I'm so glad you raised that, Commissioner Henning.
COMMISSIONER HENNING: No, you answered my question,
thank you. So I'm going to move on.
Page 8
April 12, 2016
So we have -- County Manager, let me understand here, you have
two similar items or companion items, 10.E and 10.D. And you have a
time certain, one at 10:00 a.m. and the other at 2:30 a.m. (sic). What's
the purpose of that?
COMMISSIONER HILLER: I think you're confusing the items.
10.E is the baseball. 10.D is Commissioner Taylor's item to address the
process and have the Clerk speak to the Board. 10.E is the item that
I've brought forward which is the recommendation to direct the County
Attorney and County Manager to ensure compliance with the Local
Prompt Payment Act and the Collier County Procurement Ordinance
as it pertains to the prompt payment of vendors, and dispute resolution
as it relates to vendor invoices.
And Commissioner Fiala, I would like to set that at 2:00 p.m.
time certain ahead of the Clerk's presentation at 2:30, if I may.
MR. OCHS: Commissioner Henning, if I could answer your
question, sir. Commissioner Taylor had asked for the Chair to set a
time certain for Item 10.C, and that's the Habitat Conservation Plan.
CHAIRMAN FIALA: That's the one at 10:45.
COMMISSIONER HENNING: Usually we put down there who
requests.
MR. OCHS: No, we don't. But if you want to know, I'll be
happy to tell you.
As I said, Commissioner Taylor asked for the Chair to set a time
certain for Items 10.0 and 10.D.
COMMISSIONER TAYLOR: Yes.
MR. OCHS: Which she did. 10.0 is at 10:45 this morning, and
again, that has to do with the U.S. Fish & Wildlife Service
Environmental Impact Study on the Collier County Eastern Lands.
And then 10.D is the item that she put on the regular agenda -- on
the published agenda regarding the payment process discussion that
was set for 2:30, sir. So they're unrelated as far as I can tell in terms --
Page 9
April 12, 2016
COMMISSIONER HENNING: All right, I understand.
MR. OCHS: They're not companion items, are they,
Commissioner Taylor?
COMMISSIONER TAYLOR: No, no, they're not at all.
COMMISSIONER HENNING: My mistake.
That's all I have.
CHAIRMAN FIALA: Thank you very much.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
So if I understand correctly, we are going to hear from Mr. Price
at 10:00 a.m. on the baseball, on the spring training?
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: Okay. And Commissioner
Henning withdrew 10.E, the withdrawal of-- okay, I just wanted to
clarify that.
Commissioner Fiala, as I was saying earlier, if you would allow
me to have my item, which is 10.F, heard at 2:00 p.m., ahead of the
presentation by the Clerk at 2:30, because I think as to Commissioner
Taylor's request that a process be developed, a process already exists.
And I think that having the discussion about the process that already
exists would benefit this Board ahead of getting into a discussion with
the Clerk on reinventing the wheel, since the wheel already is rolling.
CHAIRMAN FIALA: Okay, that's fine with me.
COMMISSIONER HILLER: Thank you, I appreciate that.
So I'll make the motion to, after we hear all the comments, to
amend the agenda with respect to that.
CHAIRMAN FIALA: Okay, Commissioner Taylor?
COMMISSIONER TAYLOR: The ex parte, I will declare them
when we hear those two hearings we have.
Other than that, there's no disclosures at all. And there's no
changes or additions except to continue Item 16.D.4 to a future agenda,
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April 12, 2016
which is -- I wanted to move it to hear it, but I discovered this morning
that a NIM meeting actually has never taken place and the design has
been put forward without the benefit of the neighbors being involved.
So I think for a future agenda, not necessarily next agenda, I think it
would be appropriate.
CHAIRMAN FIALA: It's okay with me.
MR. OCHS: Oh, yes, ma'am, no problem.
CHAIRMAN FIALA: Very good, thank you.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Commissioner Nance?
And you said nothing to declare?
COMMISSIONER TAYLOR: Nothing to declare, yes.
COMMISSIONER NANCE: Yes, I have no further changes to
the agenda and no ex parte for today's regular or summary -- consent or
summary agenda.
CHAIRMAN FIALA: Thank you very much.
And lastly, bringing up the rear of this subject, I have nothing to
declare on the consent or the summary agenda, no changes or
corrections to the agenda.
So with that, I ask for approval of the agenda as it stands now.
COMMISSIONER NANCE: So moved.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Page 11
Proposed Agenda Changes
Board of County Commissioners Meeting
April 12,2016
Add on Item 10E to be heard at 10:00 a.m.: Recommendation to consider information presented
by Gary Price,Fifth Avenue Advisors,regarding potential Spring Training facility for the Atlanta
Braves. (Commissioner Fiala's request)
Withdraw Item 10E from the agenda to be rescheduled to a future BCC Meeting Agenda to allow
adequate public notice: Recommendation to consider information presented by Gary Price,Fifth
Avenue Advisors,regarding potential Spring Training facility for Atlanta Braves. (Commissioner
Henning's request)
Add On Item 10F: Recommendation to direct the County Attorney and County Manager to
ensure compliance with the Local Government Prompt Payment Act and the Collier County
Procurement Ordinance as it pertains to the prompt payment of vendors. (Commissioner Hiller's
request)
Continue Item 16A7 to April 26, 2016 BCC Meeting: Recommendation to award Invitation to Bid
(ITB)# 16-6537R"Annual Contract for Landscape Maintenance" to primary, secondary and
tertiary contractors. (Staff's request)
Move Item 16A20 to Item 11B: Recommendation to award Invitation to Bid(ITB)#16-6541
"Roadway Paint,Thermoplastic Markings,and Raised Markers" to McShea Contracting,LLC as
the primary contractor. (Commissioner Henning's request)
Move Item 16D4 to Item 11C: Recommendation to approve change order#1 to McGee&
Associates for safety improvements associated with the design plans to the sidewalk/pathway
connecting the Collier County beach parking lot at the end of Seagate Drive to the North Gulf
Shore Boulevard beach access for$5,140 and make a finding that this expenditure promotes
tourism. (Commissioner Taylor's request)
Move Item 16E5 to Item 11D: Recommendation to authorize the Division of Emergency
Management to purchase food and drinks for the flight crew and support personnel from the
National Hurricane Center during the public aircraft static display at the Naples Airport(not to
exceed$500). (Commissioner Taylor and Commissioner Fiala's separate requests)
Move Item 16116 to Item 4I: Proclamation designating April 10-16,2016 as Crime Victim's Week in
Collier County and recognizing the Collier County Sheriff's Office,State Attorney's Office,20th Judicial
Circuit and Project HELP,Inc.who are joining forces with victim service programs,criminal justice officials,
and concerned citizens throughout Collier County and America to raise awareness of victims'rights and
observe National Crime Victims'Rights Week. This proclamation will be sent by mail to the listed recipients.
(Commissioner Hiller's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
April 12,2016
Page 2
Move Item 16H7 to Item 4J: Proclamation designating April 2016 as Sexual Assault Awareness Month in
Collier County. This proclamation will be sent by mail to Eileen Wesley,Sexual Assault Program Director,
Project HELP,Inc. (Commissioner Hiller's request)
Continue Item 16J5 Indefinitely until such time as the Clerk certifies that the payables presented in
this report have been pre-audited as previously specified by the Board: To provide the Board a
"Payables Report" for the period ending March 30,2016 pursuant to the Board's request.
(Commissioner Fiala's request)
Note:
Commissioners will be attending lunch with the Know Your County Government Teen Citizenship
Program in the 5`h Floor Conference Room-Administration Building-from 12:00 to 1:00 p.m.
Items 10B and 10D: Co-Sponsored by Commissioner Henning,as well as Commissioner Taylor.
(Commissioner Henning's request)
Item 16112: (1) Change the Title to read: "Recommendation to appoint three four members to the
Tourist Development Council;" and(2)Change the Recommendation to read: "That the Board of
County Commissioners adopts the Committee Recommendation,approves the City of Marco Island
recommendation of the partial term extension of Councilman Larry Sacher,approves the City of
Naples recommendation of Council Member Michelle McLeod,and directs the County Attorney to
prepare a resolution confirming the appointments." (County Attorney's request)
Time Certain Items:
Add On Item 10E to be heard at 10:00 a.m.
Item 10C to be heard at 10:45 a.m.
Item 10D to be heard at 2:30 p.m.
April 12, 2016
Item #2B
MINUTES FROM THE MARCH 8, 2016 BCC REGULAR
MEETING — APPROVED AS PRESENTED
Moving forward, we need regular meeting minute approvals for
the BCC March 8th meeting.
May I hear a motion to approve?
COMMISSIONER NANCE: So moved.
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay, motion and a second.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
Moving on. Leo?
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION HONORING THE HOLOCAUST MUSEUM &
EDUCATION CENTER OF SOUTHWEST FLORIDA FOR 15
Page 12
April 12, 2016
YEARS OF TEACHING LESSONS OF THE HOLOCAUST TO
INSPIRE ACTION AGAINST BIGOTRY, HATRED AND
VIOLENCE. ACCEPTED BY MEMBERS OF THE HOLOCAUST
MUSEUM & EDUCATION CENTER OF SOUTHWEST
FLORIDA'S BOARD — ADOPTED
MR. OCHS: Yes, ma'am. That moves us to Item 4 or this
morning's agenda, proclamations.
Item 4.A is a proclamation honoring the Holocaust Museum and
Education Center of Southwest Florida for 15 years of teaching the
lessons of the Holocaust to inspire action against bigotry, hatred and
violence. To be accepted by the members of the Holocaust Museum
and Education Center of Southwest Florida's board, including Joan
Hogan, Marketing and Communications Manager; Tim Morrison,
Development Specialist; and Gary Lechtner, Board Member.
If you'd please step forward and receive your proclamation from
the Commission.
(Applause.)
CHAIRMAN FIALA: You've done a great job over there, really
have.
Would anybody like to make a comment? You can step to a
podium.
MS. HOGAN: Yes, on behalf of the Board and the staff and all
the volunteers at the museum, we would like to thank the
Commissioners for their support of the museum and its mission.
CHAIRMAN FIALA: You have to speak into the microphone.
We have to hear you.
MR. OCHS: Pull that down. That will adjust down, ma'am.
CHAIRMAN FIALA: There you go.
MS. HOGAN: On behalf of the Board and the staff and the
volunteers at the museum, we want to thank the Commissioners for
Page 13
April 12, 2016
their support of the museum and its mission these past 15 years, and
also to the community for their support and interest in what we do.
Thank you.
CHAIRMAN FIALA: Thank you very much.
(Applause.)
COMMISSIONER HILLER: I get very emotional when I talk
about the Holocaust, because my mother was a victim of the
Holocaust. My whole family was in a concentration camp, on my
mother's side. My mother was in Auschwitz, as was my grandmother.
They were brutally tortured. So I thank you for making sure that our
community never forgets. I really am grateful.
CHAIRMAN FIALA: Thank you, Commissioner Hiller.
Okay, and moving on.
Item #4B
PROCLAMATION DESIGNATING TUESDAY, APRIL 12, 2016,
AS NCH HEALTHCARE SYSTEM AND BLUE ZONES PROJECT
— SWFL DAY IN COLLIER COUNTY. ACCEPTED BY DR.
ALLEN WEISS, PRESIDENT & CEO OF NCH HEALTHCARE
SYSTEM, AND ADDITIONAL NCH AND BLUE ZONES
PROJECT TEAM MEMBERS — ADOPTED
MR. OCHS: Item 4.B is a proclamation designating Tuesday,
April 12th, 2016 as NCH Healthcare System and Blue Zones Project
Southwest Florida Day in Collier County. To be accepted by Dr. Allen
Weiss, President and CEO of NCH Healthcare System, and additional
NCH and Blue Zone Project Team members. If you would step
forward and receive your proclamation.
(Applause.)
CHAIRMAN FIALA: Would anybody like to say a few words?
Page 14
April 12, 2016
COMMISSIONER HENNING: Don't we have a speaker on this
one?
MR. MILLER: I do have a registered public speaker for
proclamations. I don't know what the disposition of that is, we don't
normally have those.
CHAIRMAN FIALA: I'm so busy admiring all the employees. I
used to work there so I know a lot of people. Thank you.
DR. WEISS: Commissioners, thank you very much for this
opportunity, and I'll speak for just a moment about NCH and then ask
my friend and colleague, Deb Millsap, who is the executive director of
the Blue Zone project to talk about that.
NCH has been here for 60 years and a month actually now. And
if you think what the community would be like if it did not have a
strong health system.
Long-term, our goal is to actually get more into prevention rather
than repair. We've recently been awarded a quality award of being
among the top five percent in the nation for health grades, along with
seven other hospitals in Florida, including Mayo, Jacksonville, our
North Naples campus, downtown Baker, and four other strong
hospitals in the community.
We are the largest private employer in the area, 4,000 folks. We
insure 6,000. We've had a budget of about $520 million, and hope to
be here for another 60 years but in a different capacity of keeping
people healthy, which is why I'll ask Deb Millsap to say a few words.
MS. MILLSAP: Thank you very much. And Madam Chairman
and Commissioners, thank you for -- I applaud you for recognizing
NCH for their 60 years of service in our community.
I have been fortunate to live here 31 years and to see them grow
and continuously meet the needs of our community. And now with
this comprehensive prevention project that they're funding for the next
eight years for our community, meaning that there's no government
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April 12, 2016
money involved, no taxpayer dollars involved to help make the healthy
choice and easy choice for everyone who wants to get involved. No
mandates, just if you want to live longer, healthier there's an
opportunity in Collier County and Bonita and Estero.
So I applaud you for recognizing them and their vision for
helping our community to continuously grow healthier. Thank you.
DR. WEISS: Congratulations, everyone for living in the
healthiest and happiest community in the nation.
(Applause.)
COMMISSIONER HENNING: Are we going to hear the public
speaker?
MR. OCHS: Yes, Madam Chair, you did have one registered
speaker on this item. As you know, the Board customarily does not
take public comment on proclamations or presentations. But I think
the County Attorney could advise you of your options at this point.
MR. KLATZKOW: It's your policy. If the majority want to hear
a public speaker, by all means. If the majority don't want to hear a
public speaker, then not.
CHAIRMAN FIALA: I'm just seeing some heads shaking.
No, we've never done that before. I hate to open the door,
because then we're going to have speakers on all other proclamations
come to be, so I would prefer to just keep with our regular policy.
Maybe they could come back and talk on public comment or
something.
MR. KLATZKOW: That would be appropriate.
CHAIRMAN FIALA: Okay, fine, thank you.
Item #4C
PROCLAMATION DESIGNATING THE WEEK APRIL 10-16,
2016 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS
Page 16
April 12, 2016
WEEK IN COLLIER COUNTY, IN RECOGNITION OF 911 CALL-
TAKERS, DISPATCHERS, STAFF TRAINERS, SUPERVISORS,
MANAGERS, TECHNICIANS AND STAFF. ACCEPTED BY
SHERIFF KEVIN RAMBOSK, CAPT. CHRIS GONZALEZ, CMDR.
BILL RULE, MANAGER NICK MCFADDEN, 911 DISPATCHERS
AND STAFF — ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating the week of
April 10th through the 16th, 2016 as National Public Safety
Telecommunicators Week in Collier County, in recognition of 911
call-takers, dispatchers, staff trainers, supervisors, managers,
technicians and staff.
To be accepted by Sheriff Kevin Rambosk, Captain Chris
Gonzalez, Commander Bill Rule, Manager Nick McFadden and the
911 dispatchers and staff If you'd please step forward and be
recognized.
(Applause.)
CHAIRMAN FIALA: Would you like to say a few words?
SHERIFF RAMBOSK: Good morning, Madam Chair and
Commissioners. Kevin Rambosk, Collier County Sheriffs Office.
I would just like to take an opportunity to recognize the men and
women of the Collier County Sheriffs Office communications section
who do a terrific job in responding what necessary equipment we may
need to emergencies. They have done a tremendous job all year.
As you know, we've been implementing a new CAD system, a
new 911 system. We are also in the process of becoming nationally
accredited this week, so we have a lot going on, and I will get back to
you with a little update there.
But please recognize those communicators that get that
emergency equipment to the people that need it. So thank you very
much. Appreciate it.
Page 17
April 12, 2016
CHAIRMAN FIALA: I have a little award here.
SHERIFF RAMBOSK: Oh, thank you.
CHAIRMAN FIALA: Looks like we have two of them. Or do
we? Public safety, yeah. Is that the one you have too?
SHERIFF RAMBOSK: That's the one I have, yes.
COMMISSIONER HILLER: And actually I wanted to bring that
up, if I may.
We have Item 4.I and J also, which is this one over here. And if I
could comment -- here's I and J. And --
MR. OCHS: Madam Chair, if you'd like, I'll read 4.I and J.
CHAIRMAN FIALA: I wanted to -- could I -- that's a different
one, right?
I just wanted to say before we end with Sheriff Rambosk, I took a
tour group up there one day over at the Emergency Operations Center,
you know I do these tour groups all the time? And just as they were
going through the 911, a 911 call came in, and man, oh man,
everybody was moving around the room and doing their thing. And
the people that were on the tour were fascinated to see their taxpayer
dollars at work. You did a great job, everybody knew what to do and
they took care of it and so I want to tell you it's very impressive.
SHERIFF RAMBOSK: Thank you, we have great people.
CHAIRMAN FIALA: Thank you.
MR. OCHS: Madam Chair, while we have the Sheriff here, I
think Commissioner Hiller brought two other proclamations on to the
regular agenda that are largely successful because of the efforts of the
Sheriff and his organization. So if you'd like, I'll read those now.
CHAIRMAN FIALA: Sure.
Item #4I
PROCLAMATION DESIGNATING APRIL 10-16, 2016 AS CRIME
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April 12, 2016
VICTIM'S WEEK IN COLLIER COUNTY AND RECOGNIZING
THE COLLIER COUNTY SHERIFF'S OFFICE, STATE
ATTORNEY'S OFFICE, 20TH JUDICIAL CIRCUIT AND
PROJECT HELP, INC. WHO ARE JOINING FORCES WITH
VICTIM SERVICE PROGRAMS, CRIMINAL JUSTICE
OFFICIALS, AND CONCERNED CITIZENS THROUGHOUT
COLLIER COUNTY AND AMERICA TO RAISE AWARENESS
OF VICTIMS' RIGHTS AND OBSERVE NATIONAL CRIME
VICTIMS' RIGHTS WEEK — ADOPTED
MR. OCHS: We don't have the other recipients, but Item 16.H.4
is now Item 4.I. And this is a proclamation designating April 10th
through the 16th, 2016 as Crime Victims Week in Collier County and
recognizing the Collier County Sheriffs Office, State Attorney's
Office, 20th Judicial Circuit and Project HELP, Incorporated who are
joining forces with victim's services programs, criminal justice
officials and concerned citizens throughout Collier County and
America to raise awareness of victims' rights and observe National
Crimes Victims' Rights Week.
And as I said, this proclamation will be sent to the listed
recipients, and we're honored to have Sheriff Rambosk here to accept.
Thank you, Sheriff.
(Applause.)
CHAIRMAN FIALA: Thank you so much.
Item #4J
PROCLAMATION DESIGNATING APRIL 2016 AS SEXUAL
ASSAULT AWARENESS MONTH IN COLLIER COUNTY. THE
PROCLAMATION WILL BE SENT BY MAIL TO EILEEN
WESLEY, SEXUAL ASSAULT PROGRAM DIRECTOR,
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April 12, 2016
PROJECT HELP, INC. (ACCEPTED BY SHERIFF KEVIN
RAMBOSK) — ADOPTED
MR. OCHS: And we have one other related item, and this is Item
4.J. It's a proclamation designating April, 2016 as Sexual Assault
Awareness Month in Collier County, and this proclamation will be
sent to Eileen Wesley, the Sexual Assault Program Director with
Project HELP. And obviously we want to recognize the County
Commission and the Sheriffs Office for all they do to help combat this
serious crime.
Congratulations, Sheriff.
(Applause.)
CHAIRMAN FIALA: Yes, go ahead, Commissioner Hiller.
COMMISSIONER HILLER: Sheriff, thank you so much. We
fight crime in Collier County as successfully as we do because of you
and your leadership and your entire team.
These two proclamations that I moved forward, I felt were very
important for the community to be aware of. Collier County, in my
second year, agreed to create a Victim Advocacy Coalition. And
together with our County Attorney's Office, County Manager's Office
and Sheriffs Office we have worked together with the most important
victim advocacy agencies in Collier County to protect victims and to
fight crimes that our children, women and our elderly community face.
Again, I want to applaud you for everything that you have done,
and I also want to thank staff for working with the non-profits like
Project HELP and the Shelter for Abused Women and Children, the
Child Advocacy Center, David Lawrence and other organizations like
the organizations that I have just named that have done an incredible
job protecting our victims in this community. Thank you.
CHAIRMAN FIALA: Thank you.
Page 20
April 12, 2016
Item #4D
PROCLAMATION HONORING THE NORTH COLLIER FIRE
CENTER, WHICH WAS NAMED THE 2015 FLORIDA TRAINING
CENTER OF THE YEAR BY THE FLORIDA FIRE TRAINING
DIRECTOR'S ASSOCIATION, FOR ITS EXCELLENCE IN
PREPARING FIRE AND EMERGENCY SERVICE PERSONNEL
AND ITS SERVICE TO THE CITIZENS OF COLLIER COUNTY.
ACCEPTED BY DEPUTY CHIEF ELOY RICARDO, DIRECTOR
OF THE NORTH COLLIER FIRE TRAINING CENTER, AND
CAPTAIN MICHAEL JIMENEZ, PROGRAM COORDINATOR —
ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 4.D. This is a
proclamation honoring the North Collier Fire Center, which was
named the 2015 Florida Training Center of the Year by the Florida
Fire Training Director's Association, for its excellence in preparing fire
and emergency service personnel and its service to the citizens of
Collier County.
To be accepted this morning by Deputy Chief Eloy Ricardo,
Director of the North Collier Fire Training Center, and Captain
Michael Jimenez, the Program Coordinator.
Gentlemen, if you'd please step forward.
(Applause.)
MR. OCHS: We're also joined by Chief Jamie Cunningham from
the North Collier Fire Rescue District.
CHIEF CUNNINGHAM: I'm sorry if I blocked you, Madam
Chair.
CHAIRMAN FIALA: I'm just fine.
CHIEF CUNNINGHAM: Commissioners, thank you once again
for honoring and recognizing the North Collier Fire District's training
Page 21
April 12, 2016
center. It's been in existence over 15 years, and we're very proud of the
men and women that our training center's provided to our community
and many fire districts around our community.
And as both on the day-to-day operational training from a
regional training perspective and I would say as new recruit firefighters
being recognized by the State of Florida is an attribute to our men and
women of our agency and all of the others that participate within our
fire training center. And we do this in combination with the Florida
Southwestern State College, so that people who go through our
training center also receive state credits towards their degree programs
and fire science, medical science and other programs.
So thank you so much for recognizing us, and we're proud of the
work our men and women do. Thank you.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING THE WEEK OF APRIL 12,
2016 AS THE 36TH ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK. ACCEPTED BY TISH ROLAND,
WENDY HODGSEN AND KATHY RYAN REPRESENTING THE
COLLIER COUNTY UNIVERSITY EXTENSION AND LOCAL
4-H YOUTH DEVELOPMENT AND 4-H STUDENTS — ADOPTED
MR. OCHS: Item 4.E is a proclamation designating the week of
April 12th, 2016 as the 36th anniversary of Know Your County
Government Week. To be accepted by Tish Roland, Windy Hodgsen,
Kathy Ryan, all representing the Collier County University Extension
and the local 4-H Youth Development and 4-H students. If you'd
please step forward and receive your proclamation.
(Applause.)
Page 22
April 12, 2016
CHAIRMAN FIALA: Come on down.
MR. OCHS: Come up and shake hands with the Commissioners.
MS. VIKITO: Hello. Good morning. I'm speaking on behalf of
Justice Riley Ann Myra. My name's Cassandra Vikito (phonetic). I'm
from Golden Gate High School.
We would like to thank the Commission's Office, the County
Manager, the participating county officials, the Constitutional Officers
and adults from 4-H, the League of Women's Voters and the Collier
County Public Schools who have worked together to Know Your
County Government program possible (sic).
Okay, 28 teams throughout the county are participating this year,
representing Golden Gate High School, Barron Collier, Naples,
Palmetto Ridge and Lely High School. Some of the things we have
learned included there is a strategy for where to place buildings
involving zoning conditions.
What impressed us the most is a 13-year-old girl that is currently
in jail. The department of corrections has programs to help the ones in
jail and they make education available and they help them find a job
after being released.
Today we are looking forward to seeing any available
opportunities to get jobs within the government. In addressing the
Board, we are able to add another component to our learning process.
And thank you again for your support.
(Applause.)
MR. KNIGHT: Good morning, everyone. My name is Tyler
Knight, and I go to Naples High School.
We wish to thank the Commission, County Manager and all
participating county officials. The Constitutional Officers and adults
from 4-H, the League of Women Voters and the Collier County public
schools have worked together to make the Know Your County
Government program possible.
Page 23
April 12, 2016
28 teams from throughout the county are participating this year
representing Immokalee, Barron Collier, Naples, Lely High School,
Golden Gate and Palmetto Ridge High School.
Some of the things we have learned include that in the Emergency
Services at the 911 center we learned that there are supplies that can
benefit at least 300 people in a disaster. And at the landfill we learned
about the acronym CRIT, which is corrosive reactive ignitable and
toxic.
What impressed me the most is how large the Collier County
public school administrative building is.
And today we're also looking forward to hearing new information
about our county, of course. And addressing the Board we are able to
add another component to our learning process. Again, thank you for
your support.
(Applause.)
CHAIRMAN FIALA: And those of you in the audience, or even
in the TV cameras couldn't see what we could see up here. Every one
of these students came up and they looked us in the eye when they
shook our hands. And that's something that you don't see a lot of
times. And so to me that's the first -- part of the first recipe for success,
shake hands, look somebody in the eye and give a firm handshake. So
you guys are terrific. And a couple of these guys I knew from way
back when, when I gave a speech to Abbot. And they're still around. I
think that's wonderful. Thank you.
MR. OCHS: Item --
CHAIRMAN FIALA: Oh, I think we have a few. Who's first?
COMMISSIONER NANCE: Commissioner Hiller.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: Thank you.
I think it's absolutely wonderful that you're all so civic minded.
And I can't wait to have lunch with you.
Page 24
April 12, 2016
That being said, Leo, if you could make arrangements that these
students can also attend our CRA meetings? When we were in
Immokalee on Friday having our MPO Meeting, it was very, very clear
that -- and we actually had some youth, like some young people in the
audience. They had expressed that there was a real interest on the part
of the younger community to understand what government is doing for
them and how they can participate and volunteer in the process.
So I think if we open up the CRA meetings to the youth that have
an interest in government, that it started educating them on how they
can get directly involved on bringing about change in a very positive
way and making things better for the community.
If you could reach out to Kamela.
MR. OCHS: I'd be happy to do that, Commissioner.
COMMISSIONER HILLER: And I'm very sad that no one from
Barron is here. My daughter goes to Barron, and I was like looking at
each of your name tags; I'm like, what school are you at? So I hope
next year that Barron shows up.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes, I would just like to comment
on what a terrific job the University of Florida Extension Service is
doing engaging our youth in Collier County, all across the entire
county. Our partnership with University of Florida helps to engage our
young people and expose them to a multitude of things, not just Know
Your Government Week, which has been an outstanding success, but
also in 4-H and other youth development across the county and
especially in district in eastern Collier County. So what great partners
we have with the University of Florida Extension Service and what a
tremendous job they're doing. My thanks to them.
(Applause.)
CHAIRMAN FIALA: This is the longest -- I've never seen so
many proclamations at one meeting.
Page 25
April 12, 2016
Continue, please.
Item #4F
PROCLAMATION RECOGNIZING ANGELS UNDERCOVER
FOR SERVING FAMILIES OF COLLIER COUNTY BY
PROVIDING CLOTHING TO STUDENTS WHO WOULD
OTHERWISE ATTEND SCHOOL INADEQUATELY DRESSED.
ACCEPTED BY JACKIE BENNETT, FOUNDER OF ANGELS
UNDERCOVER AND SHERRY WHALEN, VICE-PRESIDENT OF
ANGELS UNDERCOVER — ADOPTED
MR. OCHS: Item 4.F is a proclamation recognizing Angels
Undercover for serving families of Collier County by providing
clothing to students who would otherwise attend school inadequately
dressed.
To be accepted by Jackie Bennett, founder of Angels Undercover
and Sherry Whalen, Vice President of Angels Undercover.
If you'd please step forward.
(Applause.)
MS. BENNETT: Madam Chair and Commissioners, thank you
so much for this recognition.
As you said, we provide clothing for needy elementary school
students, a basic need that has not really been addressed previously in
Collier County at this level. So this year we did provide 18,000 items
of clothing to 22 schools.
But we're happy to say that next year we will be in all 30 of the
elementary schools, so we're very happy to be here, happy to be
recognized by you and continue our work. Thank you.
(Applause.)
CHAIRMAN FIALA: Commissioner Hiller?
Page 26
April 12, 2016
COMMISSIONER HILLER: It's really wonderful to see an
organization like yours emerge in the community. Being the first of its
kind is always a very positive thing and you should be commended for
it.
I had the opportunity to attend this organization's benefit, and it
was -- what was it called, Putt and Swing or Swing and Putt or -- Sip
and Putt.
And I have to say, to support this organization is a really great
experience. I've never played golf and this was the first time I had
actually stepped on a golf course in Collier County in over the 20 years
that I've been here, and it's actually an exhilarating experience. So I
would highly recommend next year when you have it, I think
everybody who likes golf or who wants the experience of playing golf,
you ought to attend.
And the music was outstanding. Which band was it? It was the
Golden Gate High School band? Oak Ridge? Oak Ridge. Yeah, they
were wonderful. The music was outstanding.
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: Thank you for what you're doing.
Item #4G
PROCLAMATION DESIGNATING APRIL 23, 2016 AS
IMMOKALEE HARVEST FESTIVAL AND PARADE DAY IN
COLLIER COUNTY, IN CELEBRATION OF FARM WORKERS
AND HARVEST OF OUR FARMING COMMUNITY — ADOPTED
MR. OCHS: Item 4-G is a proclamation designating April 23rd,
2016 as Immokalee Harvest Festival and Parade Day in Collier
County, in celebration of farmworkers and harvest of our farming
community.
Page 27
April 12, 2016
To be accepted by Cherryle Thomas, Danny Gonzalez, Andrea
Halman, Mariela Romero, representing the Immokalee Harvest
Festival and Parade, the Immokalee Chamber of Commerce and the
Immokalee area businesses and residents.
If you'd please step forward and receive your proclamation?
Anybody?
(No response.)
Item #4H
PROCLAMATION RECOGNIZING AND CONGRATULATING
CJ'S ON THE BAY FOR RECEIVING THE WRAP AWARD FOR
ITS CONTINUED EFFORT TO PROMOTE WASTE REDUCTION,
REUSE AND RECYCLING AND FOR SUSTAINING THE
USABLE LIFE OF THE COLLIER COUNTY LANDFILL.
ACCEPTED BY OWNERS CURT & JACQUIE KOON AND
LAURA OWEN, EXECUTIVE CHEF/RESTAURANT MANAGER
— ADOPTED
MR. OCHS: Okay, we'll make sure they get that. Thank you.
Item 4.H is a proclamation recognizing and congratulating CJ's
On the Bay for receiving the WRAP award for its continued efforts to
promote waste reduction, reuse and recycling and for sustaining the
usable life of the Collier County Landfill.
To be accepted by the owners, Curt and Jacquie Koon, and Laura
Owen, executive chef and the restaurant manager. Congratulations.
(Applause.)
CHAIRMAN FIALA: We have some nice little things for you
here.
Stay right there for a picture.
MR. KOON: We're truly honored to receive this award. It takes a
Page 28
April 12, 2016
lot of time and effort to do the things that you normally can just throw
under the blanket.
So my executive chef Laura is huge into it, my lovely bride who
couldn't make it today, is very big. But the most important thing is our
102 staff members that take it to heart, work on it every day, because
we can't do it ourselves. So without them we couldn't be successful in
trying to give back to the community from this perspective. So thank
you very much.
(Applause.)
MR. OCHS: Madam Chair, if I could have a motion to approve
today's proclamations?
COMMISSIONER NANCE: Move to approve today's
proclamations.
CHAIRMAN FIALA: And a second?
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: Thank you very much.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Moving on.
Item #5A
PRESENTATION OF COLLIER COUNTY BUSINESS OF THE
MONTH FOR APRIL 2016 TO CHAMPIONS FOR LEARNING.
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April 12, 2016
ACCEPTED BY SUSAN MCMANUS, PRESIDENT, CHAMPIONS
FOR LEARNING; MICHAEL DALBY, PRESIDENT AND CEO,
GREATER NAPLES CHAMBER OF COMMERCE; KRISTI
BARTLETT, VICE-PRESIDENT, ECONOMIC DEVELOPMENT,
THE GREATER NAPLES CHAMBER OF COMMERCE; AND
ASHLEY PORRARO, ACCOUNT EXECUTIVE, GREATER
NAPLES CHAMBER OF COMMERCE — PRESENTED
MR. OCHS: Takes us to Item 5 on today's agenda, Presentations.
Item 5.A is a presentation of the Collier County Business of the Month
for April, 2016 for Champions for Learning, to be accepted by Susan
McManus, President of the Champions for Learning; Michael Dalby,
President and CEO of the Greater Naples Chamber of Commerce;
Kristi Bartlett, Vice President, Economic Development with the
Greater Naples Chamber; and Ashley Porraro, Account Executive, also
with the Greater Naples Chamber of Commerce. Congratulations,
Susan.
(Applause.)
CHAIRMAN FIALA: Would you like to say a couple words?
MS. McMANUS: I would love to.
CHAIRMAN FIALA: Please do.
MS. McMANUS: Thank you very much. What an honor, and
very much appreciated.
Joining me being so proud of our students in Collier County, one
of our Take Stock students was up here thanking you. I can't find you.
But what began about 26 years ago with the Golden Apple
recognition program to honor those outstanding teachers in our
community has now become an organization that is serving our
students directly through mentoring and all of the wonderful
partnerships that we have in our community.
We were recently recognized nationally as Number 21 in the
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April 12, 2016
country as an education foundation. And we're very proud. But
nothing is more wonderful than when your local community
recognizes what you're doing and the impact that you're having.
So thank you very much. I think that we join together, we have
lots of exciting things coming collaboratively in our community
working with our Chamber of Commerce. Thank you very much for
recognizing us, Michael. And we'll look forward to being back and
sharing a lot of that with you in the future. Thank you.
(Applause.)
Item #5B
RECOMMENDATION TO RECOGNIZE GEOFFREY SWETS,
PARAMEDIC/FIREFIGHTER COMPANY OFFICER,
ADMINISTRATIVE SERVICES DEPARTMENT AS EMPLOYEE
OF THE MONTH MARCH 2016 — PRESENTED
MR. OCHS: Item 5.B is a recommendation to recognize
Geoffrey Swets, Paramedic/Firefighter Company Officer with our
Administrative Services Department as the Employee of the Month for
March, 2016.
Geoffrey, if you'd please step forward and be recognized.
(Applause.)
CHAIRMAN FIALA: We have a little plaque and a little check
for you.
MR. OCHS: While Geoff gets his photo I'll tell you a little more
about him.
Geoff is a paramedic/firefighter. He's been with the county since
2007, working with our EMS operations division. He's been assigned
a large project that includes taking on the responsibility for dispatch
procedures, computer aided dispatch upgrade. He's working closely
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April 12, 2016
with the Sheriffs Office to ensure that EMS is prepared for the
switchover to the new program.
He's been in charge also of arranging installation of a new system
called Locution which is a station alerting system to alert the
ambulance crews when a call has been received. The program sends
out warning tones, strobe lights within the station and red lights to
awaken crews at night.
His dedication and commitment to this project, in addition to his
regular responsibilities as a paramedic/firefighter make him very
deserving of the Employee of the Month Award, and Commissioners,
it's my honor to present Geoffrey Swets, your Employee of the Month
for March, 2016.
Congratulations, Geoffrey.
(Applause.)
CHAIRMAN FIALA: And from there, Leo?
Item #6A
PUBLIC PETITION REQUEST FROM MR. ANTHONY P. PIRES
JR., ON BEHALF OF THE VANDERBILT BEACH RESIDENTS
ASSOCIATION, INC., REQUESTING THAT THE BOARD OF
COUNTY COMMISSIONERS DIRECT STAFF TO REEVALUATE
THE STAFF APPROVED ADMINISTRATIVE PARKING
REDUCTION FOR THE BEACH BOX CAFÉ LOCATED AT 9020
GULF SHORE DRIVE, NAPLES, AND TO FURTHER DIRECT
STAFF TO BRING RECOMMENDATIONS TO THE BOARD TO
AMEND LAND DEVELOPMENT CODE PROVISIONS RELATED
TO ADMINISTRATIVE PARKING REDUCTIONS TO REQUIRE
NOTICE BE PROVIDED TO SURROUNDING PROPERTY
OWNERS — DISCUSSED; STAFF TO RE-EVALUATE AND
PROVIDE THE REQUIRED NOTICE TO MR. PIRES AND THE
Page 32
April 12, 2016
SURROUNDING PROPERTY OWNERS
MR. OCHS: Yes, ma'am. That takes us to Item 6.A. This is a
public petition request from Mr. Anthony Pires, Jr. on behalf of the
Vanderbilt Beach Residents Association, requesting that the Board
direct staff to reevaluate the staff approved administrative parking
reduction for the Beach Box Cafe.
MR. PIRES: Madam Chairman, members of the Board, thank
you very much for this opportunity.
My name is Tony Pires and I represent the Vanderbilt Beach
Residents Association on this public petition. And thank you for
having the opportunity for the public to bring these matters forward.
As articulated in the petition, the reason for this public petition is
two things, twofold: An action by staff and the growth management
division in reevaluating, reviewing and setting aside an administrative
parking reduction for the Beach Box Cafe that resulted in a parking
reduction from the required 47 parking spots to 16, which is a 60 some
odd percent reduction in parking and one-third of the required space
under this approved parking reduction would be provided, that's all, in
a very busy area.
And also the second request would be providing direction to
county staff and have staff bring back recommendations to this Board
and the Planning Commission to modify and change the Land
Development Code to give notice to adjacent and surrounding property
owners of these parking reductions.
In this particular case, as I said, the Beach Box Cafe,
unbeknownst to the property owners in the area on Vanderbilt Beach
applied for and in September of 2015 received a parking reduction
administratively at the staff level to reduce the parking from the
otherwise required 47 parking spots to 16. This was not found out or
discovered by the residents until December 22nd of 2015.
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April 12, 2016
In the packet of materials that were provided with the agenda
material and the public petition, outlined the emails that were made
and sent to county staff numerous times requesting reevaluation. Again
and again and again. December 22nd, January 14th, January 28th,
February 27th and March 3rd.
And it's unfortunate we have to bring this to the Board. We try to
generally work these out at the staff level.
For sake of reference for those who may not be familiar with that
area, if I can put this on the visualizer. And Leo will help me orient it
correctly, hopefully. Thank you.
You can see that the location of the Beach Box Cafe is in yellow.
This is Vanderbilt Beach Road. This is Gulf Shore Drive. This is the
area of the county parking garage. This is the Beachmoor Residential
Condominium. And this is the Beach Door of Naples.
You can see that the property owners in this area will be and have
been greatly impacted by this administrative parking variance. In fact,
in the agenda packet you'll find five letters or letters from the various
surrounding property owners and residents and businesses expressing
their concern with regards to the variance that was granted in this case.
The applicant has indicated many interesting things in their
application. And one is that there is a nearby beach parking garage.
Well, the problem with that is it's got 375 parking spots. We all know
how it is in the season, and it's open 8:00 a.m. to sundown. Therefor
the parking spots are not available after sundown, or before 8:00. And
you have a facility that outdoor activities or proposes outdoor activities
and a cafe that is open after sundown.
You also have in this issue; I think in reality it's over an 84
percent reduction in parking. The parking reduction justification, and
there are two of them in the material found in CityView portal on-line.
The one dated September of 2015, it reflects that there is proposed uses
(sic), and if you add up the parking spaces required for the proposed
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April 12, 2016
uses versus the existing, it's 36. And if you subtract the parking for the
existing uses, which is 11, you are basically reducing the parking from
36 parking spaces to five. And again, that's about an 84 percent
reduction in parking.
What's also interesting about this application, there was a first
application in August that reflected that they had additional parking
obtained by lease agreement. We asked for a copy of that lease
agreement, never received one. That document indicated that there
were 32 spaces available in August. Now they're saying there's 16
available in September. And they've dropped the lease issue. But it's
interesting, it says the existing parking spaces are frequented by
residents of the building and employees with little parking left over for
customer access.
So what's going on is that the residents and the property owners in
this area are suffering the brunt of the reduction in parking on this
particular facility that was granted again without any public
notification to them.
This no notice process fails to safeguard adjacent and surrounding
property owners and residents from reduction and required on-site
parking, particularly when there are major reductions in required
on-site parking. 47 required, 16 approved as in the Beach Box
situation.
Part of the rationale, also that county staff provided, was that the
applicant said, well, you know what, it's kind of like Fort Myers
Beach, the Town Square area. I'm not sure we want the Gulf
Shore/Vanderbilt Beach area to be considered our little town of Fort
Myers Beach Town Square.
Additionally, in Fort Myers Beach, that town council made a
legislative determination. There is an ordinance that says you have
various parking that we the town have set aside. There is no such
legislative finding in Collier County with regards to this area of
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April 12, 2016
Vanderbilt Beach or in the county.
We would request then again that the Board direct the staff to
bring back to the Board: number one, reasons for the inaction; number
two, reevaluate this application and re-send this application and also
direct staff to bring back before the Board a process to provide notice
to adjacent or surrounding property owners when you have such a
huge reduction in parking. Thank you.
CHAIRMAN FIALA: So as you know, we can't really discuss
this now or have any other speakers, but would Board members desire
to bring this back --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN FIALA: -- to a regular agenda?
COMMISSIONER TAYLOR: I'd like to make a motion that we
COMMISSIONER HILLER: Hang on a second. Before we make
a motion, I'd like to hear from the County Attorney and from staff I
think both of them want to --
COMMISSIONER TAYLOR: I thought we can't -- I thought we
couldn't discuss this.
COMMISSIONER HILLER: No, we're not discussing it, but
they can give us guidance.
MR. KLATZKOW: You have a certain process here that's
already in place. Mr. Bosi will introduce that existing process. And
after that you'll have the option of either going forward with that
process or coming back with an executive summary.
MR. BOSI: Mike Bosi, Director of Planning/Zoning.
And I won't get into the specifics of the criteria that was
established to grant this administrative parking reduction.
When we issue an administrative parking reduction, we offer
those on a provision or a conditional basis that if information as
provided is not inaccurate, that if it was called to the county staff
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April 12, 2016
attention that the parking --
(Cell phone ringing.)
COMMISSIONER HILLER: Someone has to turn off
something. Somebody's playing music somewhere.
CHAIRMAN FIALA: I think he got it turned off
MR. BOSI: If the conditions -- basically if the conditions stated
in the application do not prove to bear that there's adequate parking, a
revaluation can be provided for, and from that revaluation the applicant
will be brought in and a determination as to what's the most
appropriate in terms of the parking reduction.
MR. KLATZKOW: Would you put the second page up?
MR. BOSI: And --
MR. KLATZKOW: No, the second page of that letter, Michael.
You'll notice on the second page, whenever we do one of these
parking changes, they're conditional. They're not forever. So that if it
ever comes to our attention that there's a problem, staff retains the
ability to revisit it.
MR. BOSI: So based upon the potential direction today for staff
to evaluate this -- these -- the conditions of the parking reduction based
upon some new information that has been presented to staff regarding
the issue, staff could go back and make a revaluation of that original
determination.
Based upon that revaluation, all parties would be -- could be
notified. And we have a provision within our code that could be -- that
would be -- remedies to anyone who disagreed with that. And that's a
provision within our Code of Laws and Ordinances, basically which
provides for an administrative appeal for anything that's provided for
by general purpose government on an administrative level, which this
is, an administrative parking reduction. After the determination after
revaluation, a party that felt that they disagreed with it could seek that
administrative appeal and then ultimately the decision would be
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April 12, 2016
arbitrated by the Board of Zoning Appeals, which is this body, within
the public venue.
CHAIRMAN FIALA: Tony, would that work out for you and
your clients?
MR. PIRES: If I may approach?
It would be, if we knew what was going on. I think that's the
fundamental issue in this case, that you have a zoning -- you have an
APR approved September 22nd, 2015. No notice to anyone.
MR. KLATZKOW: What we're saying, Tony --
MR. PIRES: December 22nd we found out about it.
MR. KLATZKOW: Tony, Tony, what we're saying is that staffs
going to reevaluate it. They're going to come back with another
decision. I don't know what the decision's going to be. You will be
given notice of that decision. If that decision is something that you
disagree with, you have an administrative process to appeal to the
BZA.
MR. PIRES: If there is the assurance that my clients and I will
receive notice of that decision timely, then that would be acceptable for
us to -- if we feel that there's further action needed.
But once again, that's the fundamental issue we would suggest,
that also on a going forward basis that provision be provided in the --
MR. KLATZKOW: You will be given notice.
MR. PIRES: For others. I'm talking about other people in the
county, too. But thank you as to this. If that's going to --
CHAIRMAN FIALA: Would that for right now --
MR. PIRES: That's correct. That's this issue, Madam Chairman,
yes.
CHAIRMAN FIALA: If then you have any problems, you come
back.
MR. PIRES: We sure will, if we get notice. Hopefully we'll get
notice. And we have the assurance that we will be getting notice
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April 12, 2016
timely.
COMMISSIONER TAYLOR: And maybe this board could get
notice.
MR. OCHS: What kind of notice?
MR. KLATZKOW: No, the notice would be -- Michael is going
to be revisiting this. He's got additional information, okay, as far as the
parking number of space reduction, okay?
That decision you'll be copied on, okay? If you disagree with that
decision or if the property owner disagrees with that decision, there's
an appeal from that decision set forth in the LDC.
At that point in time it will go to the BZA. That's the process we
have.
CHAIRMAN FIALA: And that will work out with you, Tony?
MR. PIRES: Yes. And again, assuming that no one challenges
the Vanderbilt Beach Residents Association not having standing,
which some people have done that in the past. So we may have
individuals also filing the appeal.
But thank you, yeah, that would be -- that would be extremely
helpful and provide that opportunity for review. Thank you.
CHAIRMAN FIALA: Well, then I'll ask the other
Commissioners to just hold their comments until we get this settled. It
seems like both parties right now are willing to talk and settle this. And
then I'll ask that if you need to come back, you'll be here and the two
members that wanted to speak will speak at that time. Thank you.
Okay. Moving on.
MR. PIRES: Thank you very much.
CHAIRMAN FIALA: Thank you.
Item #1 OE
TO CONSIDER INFORMATION PRESENTED BY MR. GARY
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April 12, 2016
PRICE, FIFTH AVENUE ADVISORS, REGARDING A
POTENTIAL SPRING TRAINING FACILITY FOR THE
ATLANTA BRAVES — MOTION DIRECTING COUNTY STAFF
TO WORK WITH MR. PRICE AND ATLANTA BRAVES STAFF
TO EXPLORE A MORE SUITABLE LOCATION AND BRING
THE ITEM BACK ON A FUTURE AGENDA — APPROVED
MR. OCHS: Commissioners, Madam Chairman, that brings us to
our 10:00 a.m. time certain item this morning. It's Item 10.E under
Board of County Commissioners. It's a recommendation to consider
information presented by Mr. Gary Price of Fifth Avenue Advisers
regarding a potential spring training facility for the Atlanta Braves.
And this was brought forward at Commissioner Fiala's request.
MR. PRICE: Good morning, Madam Chair, Commissioners,
County Manager and staff. Thank you for the opportunity to present to
you this unique opportunity to bring a world-class franchise in the
Atlanta Braves to Collier County.
Just want to give you a little bit of background on our efforts.
And I wanted to introduce our team. We did rock/scissors/paper to see
who would do the presentation and here I am. The most important part
of this whole project is my teammates, and there's Tim Cartwright,
John Slusar and Craig Lyon. They're too shy. Stand up, please.
And what we've been committed to over the past five or six years
is looking at the resources available in this county as it relates to parks
and recreation. And we believe that there's an opportunity in this case
and only in this case to have a funding source that doesn't involve
taxpayer dollars, that involves state and private money. That's why
we're so passionate about it.
So what we hope to highlight today is to share what we've
learned, to talk about how the Atlanta Braves would be helpful in
improving the resources available to the residents and visitors, and
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April 12, 2016
that's the focus for today's brief presentation.
We did send to all of you the slide deck which I'll review, along
with a study and some letters of support. And so we hope that you've
all had a chance to review that. I will not cover the 45-page 2009
study, but it is available for your review.
I'm going to highlight the things that we're going to cover in this
presentation, and then I'll go over each slide individually. We're going
to take a look at the conceptual design, the site plan, cost of the park
and the baseball facilities, funding options for South Collier Regional
Park, share some comparable community funding sources, and finally
ask if this is something that you want to pursue. Ultimately at the end
of this eight to 10-minute presentation we're going to present to you
the option and see if it's something that you want to go forward with.
And so that's our focus for the next few minutes is to highlight the
opportunity and see if it's something that you are willing to pursue and
to take through the proper channels, as you do with everything with
respect to transportation impact on neighborhoods. We're not asking
for you to take a vote today in support of this project. We're asking to
see if this is something that makes sense for the county, and is a
different model of funding what we think are critical resources not
only today for sports tourism and recreation -- it was great to see Dr.
Weiss in recognizing the Blue Zone -- it's in keeping with everything
that you all are doing already in the investments that you're making.
We're just proposing a different way of funding it and using a
world-class tenant in the Atlanta Braves to help anchor that.
So the funding options we're going to talk about includes state
money in the amount of$20 million over 20 years, a lease from the
Atlanta Braves in the amount of$36 million over 30 years, and naming
rights for the stadium in the amount of$9 million over 30 years.
I'm going to get to my favorite slide which is an Excel
spreadsheet that's going to break all this down, but I wanted to give
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April 12, 2016
you the highlight of all of that.
We'd also like to talk about, some people have questioned what
the return on the investment is for the county. Return on the
investment for our community, based on what Lee County has studied,
and I'm going to share that with you, we think will be about $20
million of direct spending during the six weeks of spring training. So
if you only take a look at the six weeks of spring training and you
forget the rest of the time that you might choose to use your park
facilities for other venues and for other events, the direct spending
outside of baseball is $20 million. So approximately three to $4
million a year of an investment from the county results in about $20
million of direct spending into our community. We think that's a good
investment. You have to obviously make that decision.
That's why we've been working on this, because we're using
leverage of state money/private money to help offset the costs. We're
not looking to put this on the shoulders of the taxpayers. There's been
a lot of misstatements, of course a lot of media coverage, I want to
cover that, and tell you that first and foremost we don't think that the
property taxpayers should pay for this stadium. We think that it should
be funded by sports tourism. We think that if it's a sports tourism site,
and that's what we're going to use it for, to expand sports tourism, then
it should be paid by the tourists who come to visit. We think that this
project will make the bucket bigger of tourist revenue dollars.
We're not sure what project you all could consider or even this
county and the future commissioners, what project you could look at
that would include state money and private money with that kind of
return on investment and get the kind of infrastructure that you want.
And looking forward, if there are three or 400,000 new people to
Collier County, what are we doing in advance of that to make sure that
we have the appropriate facilities for them.
Let's get started and just go through the conceptual design.
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April 12, 2016
As you can see here, this is the conceptual design which features
the stadium, six full-size fields, two half fields -- I'm going to break
this down for you in a minute, but I wanted you to see the visual. The
parking areas that you see that look like they're fields, they actually
serve a double purpose. They are 13 fields that also is where we would
park. And we're going to get into a little bit more detail. I'm going to
go through each item so that you can see some of the elements, but I
wanted you to see the visual.
This is an opportunity that came to us by way of an introduction
to John Schuerholz. John is the president of the Atlanta Braves. He's a
Naples homeowner. He's been with the Atlanta Braves organization
for a long time. He's a big fan of Collier County. And we've been
working with him for a couple of years on trying to find out whether
this would be a good home for him.
The other element of this project is to try to find a suitable
landowner. And I know that's going to come up today in terms of the
location. The reason that we're coming to you now is that we finally
have found a landowner who's willing to sell the land that's already
been entitled to make this project a success. And so that is part of the
project.
There has been some criticism about why this wouldn't be a --
why wouldn't we come to the county and have the county develop this,
you know, come earlier and talk to you about it.
We believe that until we have something to talk to you about in
terms of a team and a landowner, there's been no public dollars spent
on this effort. This has all been our private investment. And we
believe that coming to you today and sharing with you this
opportunity, the next step is really for you all to take it over. We're
here to help and provide support on what we've learned, but we think
we've got it to a point where it's ready to be turned over as a county
project.
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April 12, 2016
(Members of the audience exit the boardroom.)
MR. PRICE: Something I said. I'm used to it. I get that at home
too, so that's okay. It's all right. And they're about that age. But I better
check my wallet, because usually there's money involved as they're
leaving. So okay.
One of the things that we wanted to provide as support is first of
all not to tell you how to pay for this. I've always treated this project
and we've treated this project -- I have a little bit of experience in
sitting in chairs that look similar to yours, and so we've always treated
this and I've always treated it as I would like to treat you like I would
like to be treated if I were in your position. So we're not going to
propose where you pay for it, how you pay for it. But we are going to
suggest that every single case in Florida, this is on the best practice,
that tourist tax is used to pay for spring training. It only makes sense
that if your goal is to increase tourism, that that be a source of funding.
It is in every single case in Florida for all of the teams that you see. It
is used for maintenance, development of a site, refurbishment of a site.
Those are all -- in every single case TDC dollars are used. I don't want
to get into a conversation today about how much of it is used, I don't
want to get into a conversation about raising the bed tax. We've never
proposed that you raise a bed tax. That's your job. We're just
suggesting that TDC dollars are used in spring training teams across
the State of Florida in every single case.
There are two elements of economic impact that we think are
important. In 2009, Lee County, there was a study done that surveyed
1,154 fans going to the Twins and Red Socks games. Something that
we found fascinating is that 73 percent of the people attending spring
training were non-residents. And so when you look at who actually are
the people who are going to attend these games, at least in this case in
this study 73 percent were non-residents. Again, speaking to sports
tourism.
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April 12, 2016
So during those six weeks, that was the study that was done.
Then in 2014 Lee County Sports Tourism estimated they had 113
amateur sporting events which include City of Palm and Terry Park,
and the economic analysis showed it yielded about 159,000 hotel room
nights.
We think that we are not going to be able to compare to Lee
County in terms of where we are with sports tourism. I would say
we're in an infancy stage. And so when I suggest these numbers -- and
the next slide is going to show you two teams -- I think we need to be
conservative in our estimates and projections on what we think the
revenues are going to be. So please know that I don't think that Collier
County is at the level of sophistication in terms of sports tourism that
Lee County is, and they've been doing it longer. And we expect that
those numbers will grow over time.
So let's take a look at what the economic impacts are.
2009 they did a study and determined that there was a $41 million
direct spending during the six weeks of baseball for both teams. So
that's two teams, $41 million during six weeks. My math, as you cut it
in half, it's about 20 million per team for the six weeks.
Here's what's interesting: Outside the six weeks of baseball you
have about $63 million in direct spending. This was done in 2014. The
source was Baseball's Multi-Million Dollar Business Heats Up in Lee
by David Dorsey of the News Press.
Again, if you take 63 and you cut it in half, because you have one
team, say $30 million, we would make the case that during spring
training you have about a $20 million economic impact. That's direct
spending outside of baseball. And if you chose to use this facility,
because you're going to be in charge of what the facility's used for, at
least in Lee County they're getting about $30 million per team outside
of baseball in the six weeks of spring training.
I wanted to show you a high level of the site plan and how we got
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April 12, 2016
to this site.
We reviewed 24 different sites -- I know this may be a little tough
to see, I do have a zoom, by the way, the next slide, but I wanted to
show the proximity to some of the neighborhoods, because I know
their concerns about how this would affect the neighborhoods. We're
also concerned about that and we want to talk about that. And we think
that part of your process, if you choose to go forward today, is the
proper vetting of this site in this location and what impacts it has on the
neighborhood, the traffic. You can't have a complete hearing today
about all those things and we're not suggesting that you do it, we're
trying to give a high level discussion.
So this is a -- and I don't have -- I guess maybe I have a pointer.
Will it show up? So this is Collier Boulevard. This parcel is an
out-parcel yet to be determined for its purpose, zoned by the current
landowner. And the idea is then you have the stadium, practice
facilities, this is parking and parking. This is a 60-acre conservation
area. And so if you start to visualize with the neighborhood, Forest
Glen to the north, the amount of distance between there and the
facility, you get some idea of the layout. And it was purposely done to
try to be respectful of its location within the neighborhoods.
The next slide gives you just a blowup so you can see a little bit
better how the stadium's laid out, the baseball fields, the parking, et
cetera.
Now let's talk a little bit about construction costs. We went out to
a company to get an estimate. They estimate the cost of construction,
$53 million. We're going to go through and show what the elements of
the construction and elements of the facilities are, but that's the cost of
the -- that's the cost to build the stadium and all the associated fields
and everything that I just showed you on the site plan.
Okay, this is my favorite slide I told you about. It is a complete
picture of the cost of construction, 53 million, and what we estimate
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April 12, 2016
land costs to be, 25 million. Keep in mind that the property owner and
the county will have to determine what that value of the land is.
You're going to have to have an appraisal, you're going to have to
have negotiations. I'm putting in the number 25 because that's what Jet
Blue Park, that's what Lee County paid for their land, and we put it in
as a number. We're not suggesting that's the number, but you have to
have a number in order to build a model and so that's what we did.
When you look at the columns starting with column one, that's the
revenue paid by the county. Second column is the state revenue. Team
lease is a million-one a year. And the naming rights on the building is
300,000.
We also think it's important that we not short sell what the real
costs of this project are. I don't know if any of you can relate to it, but
sometimes when we develop tree plans, we plant a lot of trees but we
don't budget to take care of those trees. I know we've faced that with
the City.
So we've learned along the way that it's not only the construction,
but it's the maintenance and operations. And in this case it's a pretty
significant cost of operations.
So you look at the costs, they're there. To the best of our ability
we've tried to get real numbers for major maintenance, stadium
insurance, there's an operations budget that increases over time, and
repair and replacement. And I'm sure I'll have questions about this and
I'll go back to it.
This is just a page that explains each column and how we got to
the numbers.
Just real quickly, I think I'm about up, the stadium dimensions, it's
really the field dimensions, will mirror the park that they're building in
Atlanta. It's called Sun Trust Park. It will be about 7,500 fixed seats,
2,500 bermed seats. And you can see the other features of the stadium.
These numbers and this information came from the baseball team.
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April 12, 2016
So they have criteria for what they need in terms of a facility, and that's
where these came from, we didn't just make them up.
The training facilities I've already discussed. In addition to the
fields you have pitching mounds, batting cages, agility fields, all the
things you would expect in a world-class spring training facility.
Office space, major league -- the Braves will use this as their
full-time year-round office for player development, rehabilitation.
Even though baseball is six weeks, they do have a skeleton crew of
staff that will be here year-round working with player development at
this facility.
I wanted to show you a model of what Palm Beach County --
they're currently building a two-facility -- two baseball team facility in
Palm Beach for the Nationals and the Astros. And we thought it was
appropriate to share with you what each team is paying Palm Beach
County on an annual basis. And that's a million one per team. That
includes a lease of the facility and it includes a concession license and
a parking license, at 250 each. So 600 for the lease and 250,000 each
for concession and parking. And that's where we came up with the
million-one that I referred to.
We believe this is a great opportunity to expand Collier County's
park recreational facilities, and a unique position to use sports tourism
dollars, state and private funding to help us to achieve a goal of
expanding and attracting the kind of sports tourism that we're excited
about for Collier County.
And I'm happy to answer any questions. Thank you for your time
and the opportunity to share with you.
CHAIRMAN FIALA: Thank you. Very good presentation, by
the way, and I think it answered a lot of questions for everyone.
Troy, how many speakers do we have?
MR. MILLER: Madam Chair, I have five registered public
speakers.
Page 48
April 12, 2016
CHAIRMAN FIALA: Okay. First, Commissioner Henning,
would you like to wait until after the speakers --
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: -- or before?
Okay, go ahead.
COMMISSIONER HENNING: You do recognize the state $20
million is taxes.
MR. PRICE: Yes, sir, absolutely.
COMMISSIONER HENNING: Tourist tax, that's a tax, right?
MR. PRICE: It is. On tourists, as opposed to property owners.
COMMISSIONER HENNING: Right. But it is a tax.
MR. PRICE: I didn't say we're building it tax free. I just don't
want it to be on property tax owners. I don't want it to be on Collier
County residents. So if I didn't make that clear, we don't think you
should use ad valorem revenue -- we don't think you should use
property tax dollars or general fund revenue to build a stadium.
COMMISSIONER HENNING: So this would require a bond
upon tourist tax, which the residents I think said twice on baseball in
the past no. Is that a correct statement?
MR. PRICE: I don't know what the question was.
COMMISSIONER HENNING: Well, the voters voted I think
twice.
MR. PRICE: To do what?
COMMISSIONER HENNING: Not to use tourist tax or increase
the tourist tax for baseball.
MR. PRICE: Our argument is last year's TDC revenues were $21
million. The request here in the first year is about 14 percent of the
TDC dollars.
One of the things that you might consider is what are you
spending money on now and is it getting you the most bang for the
buck in terms of dollars. You have pretty significant revenue and are
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April 12, 2016
they being used appropriately. And that's something that you -- we're
not proposing that you raise the bed tax. That's something that you
have to -- I think we have a significant advantage now over other
counties because the bed tax is lower. I'm just not so convinced that --
where are you going to get a return on investment on $3 million of 20
million of direct spending? I don't know that any dollar that you're
using -- I would say I would leave the beaches out because I'm a fan of
what we do for beaches, and we probably don't do enough. But are we
spending money to get that kind of return? And sometimes it's not
about return, it's about quality of life. We think this project not only
covers quality of life issues, but it also is the only way you're going to
get direct spending from tourists that you're not getting now if you just
build a park. If you just build a park and there's -- you know, we think
you should build other parks. We think there's a demand for parks.
You look at your capacity, the best I can tell is that you're over
capacity in a lot of parks. You need more park space.
We're just suggesting that this is an opportunity to combine the
need for parks and a way to pay for it that doesn't rest on the backs of
taxpayers. Of property taxpayers. Because I think that's where you
were going before.
COMMISSIONER HENNING: Yeah, a tax is a tax.
MR. PRICE: A tax is a tax.
COMMISSIONER HENNING: Now -- so you don't think that
the advertising is bringing in more revenue than -- you realize it is,
right? At least that's what's being purported to the Tourist
Development Council.
MR. PRICE: Well, what's interesting is -- no disrespect to the
newspaper, because you don't know if you can always believe what
you read, but what I read was --
COMMISSIONER HENNING: I do.
MR. PRICE: What I read was the places we're spending money
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April 12, 2016
right now, we're seeing a decline in those areas on tourists. And
somebody can correct me if I'm wrong.
COMMISSIONER HENNING: No, you're right, it is --
MR. PRICE: So we're spending money in areas and we're getting
a decline of people coming here.
I'm just suggesting that maybe there's another group of people,
families and people for football university -- there's a great article on
Steve Quinn --
COMMISSIONER HENNING: Fair enough.
Now, the proposed site, I mean, I looked it up -- let me just ask
you, this would need to be rezoned --
MR. PRICE: Yes, sir.
COMMISSIONER HENNING: -- so do you have a deadline
talking to the Braves on when they want to do this?
MR. PRICE: It's a great question. Should have covered it, but
thank you for asking.
They want to be in spring of'18, 2018. We told them -- we don't
speak for you, but I said, I don't know how it's possible to get through
all of the rezone and get a stadium built and funded by 2018. And if
that's going to keep us out, if that's going to kick us out of the
consideration, they're considering two other locations, then tell me
now, because I'd rather go back to work and actually --
COMMISSIONER HENNING: Well, that's -- I know how the
game is played in stadiums, spring training stadiums.
MR. PRICE: But it's not going to be -- I want to say --
COMMISSIONER HENNING: But anyway, okay, so we've got
approximately two years to a, get a majority of the Board to --
COMMISSIONER TAYLOR: Supermajority.
COMMISSIONER HENNING: -- approve -- no, supermajority
of the Board to change the allocation of tourist tax. Go through the
rezoning process. Now, the rezoning process would have to be by the
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April 12, 2016
landowner, correct?
MR. PRICE: Yes.
COMMISSIONER HENNING: Okay, which is Stock
Development.
Now, would that rezone include the land in front of it which I'm
told is going to be commercial?
MR. PRICE: Well, it's up to the landowner what that is. What
he's -- it's about 30 acres, the front parcel. We thought that it might be
beneficial, if the county wanted to move forward with the facility in
the park, is to work together to find the highest and best use. Maybe
that's a live/work/play environment, you know, maybe that's high-end
retail shops. But the idea is that that would be done in concert with the
development of the park. So there's no predetermined use for that site.
COMMISSIONER HENNING: Yeah, there's a lot of steps --
there's a lot of unknowns about this. A, is there a supermajority of
change to the ordinance; B, is there a supermajority of changing the
zoning designation? What is the sales price? What is the benefit to the
owner or other possible users in that? Is the county getting the bang
for their buck? You're purporting $25 million for this property. You
know, I would think we would want to do it by appraised value instead
of what somebody else has -- what other counties have paid.
MR. PRICE: I totally agree, and hopefully I covered that in my
presentation, that we think an appraisal absolutely is critical. And
whatever it appraises for, that's what you and the landowner negotiate
on.
I just put a number in because somebody has to put in a number,
and that's the number that Jet Blue paid and it's a good --
COMMISSIONER HENNING: And is this the appropriate
place?
MR. PRICE: Well, it's the place that the Braves -- after looking
at 24 sites --
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April 12, 2016
(Applause.)
MR. PRICE: -- it's the location that the Braves chose as their
favorite location.
(Laughter from the audience.)
COMMISSIONER HENNING: Have you -- has any discussion
been brought out about the new stewardship area, new stewardship
town next to Ave Maria? Have you brought that up to the owners of
the Braves?
MR. PRICE: We have.
COMMISSIONER HENNING: Because that's a fresh start
around there. All there is, is tomatoes, and tomatoes next to it.
MR. PRICE: Absolutely.
COMMISSIONER HENNING: Tomatoes.
MR. PRICE: Couple key issues for the team, they have to be
close enough to I-75 to get to the other teams, and so part of it is
proximity to the roadways and access to get to play the Red Socks and
the Twins. And so that all went into looking at all these sites and they
were all evaluated.
COMMISSIONER HENNING: Yeah, and I can tell you that the
road network for the new town is not there. And in my opinion it does
need a connection to I-75 to support the growth out there.
So, you know, there's a lot of-- in the checkmarks there, there's
not a lot of checkmarks there for me.
MR. PRICE: Okay.
COMMISSIONER HENNING: There's too many unknowns,
there's too many uncertains. I'm very concerned about the proposal.
(Applause.)
CHAIRMAN FIALA: Thank you.
And now Troy, would you please call on our speakers.
MR. MILLER: Madam Chair, your first speaker is Louis Piche.
I hope I'm pronouncing that right. He'll be followed by Don Hagen.
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April 12, 2016
MR. PICHE: Thank you, Madam Chairman and Commissioners,
thank you for allowing me to speak today.
MR. OCHS: Sir, if we could ask you to speak into --
MR. PICHE: Oh, sorry about that. Okay, my name is Louis
Piche and I'm a field director with Americans Prosperity here in
Naples.
And today we're looking at the information from the Office of
Economic Development and Research. It's a 57-page study. It was
done in 2014. And the -- it was called The Return on Investment for
Florida Sports Foundation Grants and Related Programs.
And they showed that the spring training element of it, the return
in investment was actually 11 cents on every dollar. That's our state
paid by taxpayer economist doing the study for the State of Florida and
giving that information.
And with Americans for Prosperity, we don't believe that
government handouts -- we don't believe in government handouts. We
believe that any time money is taken out of the marketplace and given
directly to business, it's a distortion of the market in picking winners
and losers. We believe that any money proposed for a new training
facility should go towards transportation infrastructure or other
projects that all taxpayers can enjoy.
Most businesses who are trying to relocate to a new area, they list
transportation infrastructure as either number one or number two as the
reason for locating to new areas.
Another option is we can simply give the money back to the
taxpayers. Wouldn't that be nice?
The state economist at the Office of Economic Development and
Research did the return investment analysis on construction and cost
and found that for every dollar, again for spring training facilities, we
only receive 11 cents back. That's our return on investment. And this
is the unbiased nonpartisan government agency clarifying that this deal
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April 12, 2016
is not good for Florida taxpayers.
Your creating a bidding war between local government and
taxpayers always seem beyond the hook. When governments bid
against each other for projects, it drives up the cost to compete and
taxpayers and local communities are going to be on the hook for it.
Thank you very much. I appreciate your time today.
(Applause.)
MR. MILLER: Your next speaker is Don Hagen. He'll be
followed by James Dishinger.
MR. HAGEN: Good morning. Commissioner, Chair and
Commissioners, thank you for the opportunity to speak.
My name is Don Hagen. I'm a Florida resident and a proud
homeowner in Forest Glen Golf and Country Club, and president of
our master board. As president of our board, I'm here today to ask that
you vote against the proposed facility directly adjacent to our
community. We respectfully request that the Board of Commissioners
instead evaluate other locations that would be better suited for a
stadium so as not to impact our community as well as our neighboring
communities with added volume of traffic, noise, stadium lighting and
people wandering about on foot.
Plans are already in the works by the Florida Department of
Transportation to build a bypass, an interchange -- the interchange to
handle current volumes of traffic along Collier Boulevard. And I can't
imagine what a facility like this would add to that volume. It would
seem that a more suitable location for a stadium would be property
north of I-75 that would have more direct access and egress to the
facility.
The financing of this facility is also of great concern. As reported
in the Naples Daily News, the financing could possibly come from an
increase in the Collier County tourist tax. But this may not even be
enough.
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April 12, 2016
I trust the Board will be diligent in their fiduciary responsibilities
and not burden homeowners and business owners with any notion of
financing a project of this magnitude through tax increases.
Again, I ask that you vote against this proposal on behalf of my
fellow board members, members of Forest Glen community and all the
communities along Collier Boulevard south of I-75 as far south as
Marco Island. Thank you.
(Applause.)
MR. MILLER: Your next speaker is James Dishinger. He'll be
followed by Barry Gerenstein.
MR. DISHINGER: Thank you, Commissioners, for hearing us
today.
I've been here a few years ago when we lost our access to our
front gate at Forest Glen. I was president of the Board at that time. I'm
no longer on the Board. But we have fought continuously to get part
of our access back, and thank you for helping us get that part access
back.
With a stadium like this or a complex like this just down the road
from Forest Glen; I'm looking, if we have a capacity for adding 10,000
people to that stadium per day every day there's a game. We're adding
at least 5,000 cars in and 5,000 cars out every day during season. We
can't even get out of our front gate today going north very easily during
season. And if we have to go to the stoplight at South Business Road
on the south side of Wal-Mart to make a U-turn to go back to Marco
Island or south, we normally can't get over the three lanes of traffic
during season very easily to do that. We often have to go farther north
to make a U-turn.
The people in the communities across the street, Cedar Hammock
and Naples Heritage and Naples Lakes would be similarly affected.
I'm with Don, I think the position -- the land that I think the
county owns, according to the paper, north of the interstate by the
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April 12, 2016
landfill would make a lot more sense.
I don't think any of us are against a complex like this in Collier
County, it's the matter of where we put it where it doesn't affect. We've
got four bundled communities right in that corridor plus the Aventine
Apartments, I think would have a very, very bad effect on those
residents, especially during the season. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Barry Gerenstein. He will
be followed by Richard M. Lofthouse. I hope I'm saying that right.
Did I get your name right, sir?
MR. GERENSTEIN: Gerenstein. Close enough.
Thank you, Madam Chairman and Commissioners, I appreciate
the time today.
I'm a resident of Verona Walk and director with the East Naples
Civic Association. I share the feelings of my neighbors in Forest Glen.
I think I'm not opposed directly to a stadium in our county, but I think
it belongs in the right location. It would be disastrous to place it on
Collier Boulevard in a residential area.
I'm a resident of Verona Walk. I'm just north of I-75. In season it
can take me 30 minutes to get to I-75. That's without an additional five
or 6,000 cars going to a sports complex.
We spoke about quality of life. I think quality of life would be
disastrous to put a sports complex in any residential area. I look at
sports complexes all around the country and they're not generally in the
greatest of neighborhoods. We just don't want that next to Forest Glen
and its neighbors. I certainly don't want it on Collier Boulevard at all.
The land by City Gate Boulevard would probably be an ideal
location for it, or up in the Ave Maria area. It wouldn't impact people
as drastically as it would. The land at City Gate Boulevard would
allow great access to I-75 in either direction for the teams.
I would also hate to see tax dollars -- anybody that pays taxes be
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April 12, 2016
burdened by this, whether they be a full-time resident, a part-time
resident, or just someone staying in a hotel in Collier County for a
couple of days. This shouldn't be a burden on taxpayers at all.
Thank you very much for your time, I appreciate it.
(Applause.)
MR. MILLER: Madam Chair, your final speaker on this item is
Richard M. Lofthouse.
MR. LOFTHOUSE: Lofthouse.
MR. MILLER: Lofthouse? Thank you, sir.
MR. LOFTHOUSE: I'm a dentist, so my writing's not very good.
Thank you, Madam Chair and fellow Commissioners for allowing
me to speak.
May I start by saying that I'm not against sports, I'm not against
funding new sources of tax revenue, and I'm surely not against
progress.
I live at Naples Heritage, so this proposed facility would literally
be out my back gate. I am against placing a commercial facility in an
area zoned residential. We have zoning rules and laws for a reason.
The reason is so that compatible properties are grouped together.
Variances are granted on a case-by-case base and generally slight
changes like setbacks and co-use variances, et cetera, are common.
But what this developer is saying is I have a residential property
but now there's so many other residential properties in the area it's just
not the right spot for another residential property so let's do something
else.
My concerns are numerous. By their own statements in the
Naples Daily News it is not intended as a six-week facility but a
year-round facility.
The light pollution is a concern. If you've driven by Naples High
School at night, it literally turns night into day. And this facility will
have significantly more lights.
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April 12, 2016
Noise, I can't even estimate.
Traffic is already difficult to gain access to I-75 from Collier
Boulevard. And I can't imagine adding -- I'm conservative saying
4,000 vehicles on game day.
The source of funding: There's already objection to increasing
hotel tax by those who generate it.
The developer says that the building will be funded by taxes from
the hotel tax. But on the other side of their mouth they're saying but
we're going to use this money to pay for the facility. I'm sorry, but you
can't have it both ways.
In conclusion, let's look clearly at the project. There are sites that
are already zoned commercial near I-75 with more acreage that could
be used to build this new home for the Atlanta Braves that might also
provide other benefits that the proposer has presented to the Board.
Thank you for the time, and I'd like to encourage you to vote
against this project at this site. Thank you.
(Applause.)
CHAIRMAN FIALA: That's all of our speakers. And
Commissioner Henning, I see that your light is on.
COMMISSIONER HENNING: Yeah, I think what I saw either
in the media or in an email is the county's property next to the landfill
to be utilized, and I could be wrong on that. But that's already slated
for other things.
I would encourage people that are proponents of baseball in
Collier County to talk to Barron Collier Companies -- no, I'm sorry,
Collier Enterprise, to see if they have a site that would be compatible.
We're trying to encourage growth to the east. I mean, it just really
makes a lot more sense. You know, Ave Maria had the school and the
church of Ave Maria as a catalyst for that community. Could this be a
catalyst for a sister community right across the way? And could there
be access to I-75 if the proposed stadium is there, would more interest
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April 12, 2016
of making that happen -- I don't know. I mean, that's what I would
encourage and encourage a dialogue with the public and the
Commissioners and everybody that has some interest in it.
And am I opposed to it? No. That's my recommendation. I know
you said you're not -- this is a presentation, you're not asking the Board
to take any official action on it. Thank you. Thank you for your
presentation.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Gary, is it the position of the Braves that if they are not able to
build the stadium at the location that you've identified that they're not
interested in coming to Collier County?
MR. PRICE: That is their current position.
COMMISSIONER HILLER: So really if that's the case, looking
at alternatives is a waste of time.
MR. PRICE: That's my understanding.
COMMISSIONER HILLER: I would suggest you revisit that
question with them.
MR. PRICE: And I think we're at the point where --
COMMISSIONER HILLER: Because quite frankly, I mean,
based on the sentiment of the public here, and it appears that the public
is not opposed to having the Braves build a stadium, but it seems that
the thought of building a stadium in a residential area is not something
that I think any residential community is going to --
MR. PRICE: Right.
COMMISSIONER HILLER: -- take lightly.
MR. PRICE: What I might suggest is that I think maybe I was
mischaracterized as a developer. We're a private group of people that
have carried this and brought together a team and a developer. And so
what I would suggest is that at this point I think we've carried it as far
as we can. We'd like to seek the support from the Commissioners to
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April 12, 2016
say that we would work with staff and if there are other locations and if
the team's interested, we would rather connect the staff to the team and
have those discussions about a possible other sites. And that really is
-- I think we've taken it as far as we can, and now it's going to require
you saying as a community and as our elected officials, this is
something we're interested in doing, interested in funding, we think it
has a lot of upside and we don't think the site is going to work, but if
you're interested, if you're open to other locations, then we'd like to
have our staff work with you on identifying those. I don't think there's
any downside to doing that. I can just share with you and answer your
questions on what we've had so far, and I'm not opposed to doing that,
if that's the will of the Board.
COMMISSIONER HILLER: And I understand what you're
suggesting. The reality is, that your presentation leaves at least me with
only one thing for sure and that is without any specifics the Braves are
potentially considering Collier, and everything else is up in the air. So
I couldn't possibly make a decision for or against this based on what
we've heard here today. If the Braves are serious about Collier County
and if they are open to, you know, working with the Board in a manner
that is in the best interest of the community, then I would suggest that
their CFO, their chief counsel, their manager, all visit with our staff to
discuss the reality of what's before us. Just like they did, oh, last week
in Palm Beach County, as was reported by the Palm Beach Post over
this weekend.
So I think if they are serious and they would like to consider
Collier, they need to sit down and work with our staff to put together a
proposal that's comprehensive and considerate of how our community
feels about this type of project and development in residential areas.
MR. PRICE: Good advice. And we're really a transition from a
private effort, which is our private effort, into a public effort, which is
if you all agree to allow the staff-- I don't have the ability to go and
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April 12, 2016
ask your staff to do anything and work with the team.
So we're trying to present this proposal and then if you all feel
like there's some value to it, then the next thing would be to allow us to
hand off, work with the staff, introduce the team and let them have
some discussions that benefit all of us.
CHAIRMAN FIALA: That's probably the best way to go. I
shouldn't speak, I'm just the chairman right now. I need to call on
Commissioner Nance next and then Commissioner Taylor.
COMMISSIONER NANCE: Yes, Mr. Price, thank you for
bringing the proposal forward. You know, I know you stand up there
and you probably feel like you're taking a lot of heat for bringing it
forward, and I really think that's inappropriate.
You know, I cannot object or find fault with any of the residents
that are here to talk about the impact that the present proposal would
have on their communities. I certainly can't fault them for coming
forward and, you know, they're rightfully probably correct in this case.
However, I will say I just need to make some remarks, because I
think there was really just a bad reaction to this proposal out of pocket
before it ever got a chance to have any discussion. And I think that is
really at our community's peril, and let me tell you why. Since I've
lived here, and I've lived here for most of my adult life, Anderson
Economic Group has come to our community twice at our request. We
paid them. And they said boy, you know, your economy has got some
big challenges, you've really got some problems.
And the first time they came, the Board of County
Commissioners, which I was not a participant in at the time took no
action. And then we had a great recession. The Anderson Economic
Group came back and said, you know, how do you like us now? How
you feeling about that? How is that working for you? Oh, we've got a
real problem.
And then, you know, the stock market recovered a few thousand
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April 12, 2016
points and Collier County did what it always does. Sometimes --
many, many times we trip over the truth and we jump up and dust
ourselves off and hurry off like nothing happened. And I think we're
doing it again. Because a gentleman came under our Opportunity
Naples after another evaluation of our economic situation in Collier
County, and within 30 days of his arrival he looked at it and he said,
you guys have got some of the worst challenging economic statistics
I've ever seen and I've worked all over this country. You've got 80
percent of your revenue coming from residential tax, ad-valorem
property tax dollars. Do you know that residences don't pay for
themselves? Do you know the average resident consumes about a
dollar and a quarter in services for every dollar that it pays in tax?
We said yes. We said but luckily, you know, we have tourist
taxes, we have impact fees, one-time impact fees to build all of this.
And they said well, how are you going to pay for that when the
carousel stops? Everybody went, I don't know, doesn't seem to be a
problem right now. You know, what are we going to do?
So here we are with a recovered stock market, pretending that our
economic situation has improved. With each home without supporting
economic development our economic situation deteriorates. And it will
affect homeowners and it will effect residential real estate properties in
the most serious possible way.
Now, people in this room probably won't be impacted, but your
heirs will, your children will and your grandchildren will.
So the discussion that we need to have on expanding our tourism
base into things like sports tourism I think is absolutely -- should be
one of our highest priorities. We should be embracing it. And I want
to thank you personally for taking your time and spending your money
to bring it forward. And if we don't consider this in a serious way, you
know, maybe this is not the location, but if we don't get some of these
things started, you know, somebody down the road is really going to
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regret it.
And that's one of the reasons I came to the Board, is to say these
things. And I'm sorry if everybody thinks this is a hard message, but
it's true. And the best and brightest in our nation are telling us we've
got to do some things, we've got to take action. I mean, we don't have
to do anything, and that's exactly what we're going to get, we're going
to get nothing.
You know, I think sports tourism, recreation, active lifestyles, the
baby boomers are looking for it. You know, this community, in my
view has really been built by people who were focused on material
experiences in their life. All of our best and brightest now tell us that
our new citizens and Americans are looking -- they're experience
consumers, they're not so much material consumers. There isn't
anybody that doesn't come to Naples for the first time and people go
hey, you know what we're going to do? We're going to go out and
we're going to have a great dinner, we're going to go out, we're going
to have a glass of best cabernet, we're going to watch the sunset and
you might even see the green flash, okay? That's great. But after you
check that box on your bucket list, what do you do then? We've got to
have something to do. We've got to play pickleball, we've got to have a
sports complex.
You know, listen, I'm a baseball fan. Here the Naples Daily News
can take this picture, all right? I'm saying we don't need anymore
homes; we need baseball in Collier County as a stimulator for outside
investment in our community. It can be important. It can work. We
shouldn't dismiss it out of pocket. We've got to go forward.
I want to thank Mr. Price. You know, the Blue Zone guys are
probably going to stand up and say, you know, hot dogs are poisonous
because they're processed meet. Well, guess what? The good news is
mustard is the antidote, okay?
Thank you, Mr. Price. Thank you.
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April 12, 2016
(Applause.)
CHAIRMAN FIALA: That was --
COMMISSIONER NANCE: Come on, you guys love baseball,
stop it, stop it. There are some bitter Cub fans out there. You went to
the Braves, come on.
CHAIRMAN FIALA: Actually, you know, I heard most
everybody be very supportive of baseball. It was just the location.
And I think if the right location would have been chosen initially we
would have all been --
(Applause.)
CHAIRMAN FIALA: That's right.
Commissioner Taylor?
COMMISSIONER HENNING: We tend to eat our own, though.
COMMISSIONER TAYLOR: Well, I have a little bit different
take than my colleague to my left. We indeed are seriously taking
economic diversification and sports marketing and the idea of sports
being a very important part of our economic outlook in this
community.
And to wit, what we've done is actually have paid for a consultant
to assess what we have and what we want to be, where we want to go.
That is a process that we're in now. So this is very, very good timing,
Gary. And I am looking forward to that report. I would say that we are
now at a point where I believe we're going to get it back and look at it
either later this month or beginning in May. And we're really going to
have to make some hard decisions. Are we going to be involved in the
quote, unquote amateur market, are we going to go pro baseball? It's
baseball, it's not football, it's baseball. It's always been baseball here.
And, you know, I worked with you on the City Council, and I
really respect you coming here. It's not easy to do what you've done.
And, you know, I am looking forward to seeing where this could
be and what we could do. But I would agree that the current place is
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April 12, 2016
not the right place because of not only traffic --
(Applause.)
COMMISSIONER TAYLOR: -- traffic and most importantly the
residential. Because frankly, we are a residential community.
Whether my colleague likes it or not, that's what we are. And, you
know, people have spent long hard-earned money investing in their
homes. And this is paradise and we want to keep it that way. Thank
you.
(Applause.)
CHAIRMAN FIALA: And so with that, Mr. Price, you know
that -- you know how everybody feels. You've heard the audience and
how they feel. And I would suggest you take that back to the Braves
and tell them they really want you, let's look for a new location and
work with the county staff.
(Applause.)
MR. PRICE: So just so I'm clear, do we have your approval to
work with the county staff on looking -- talking with the Braves,
looking at other locations, seeing what their interest is and excluding
this site? I mean, what is the will of the Board? Because really, this
isn't something I can direct. So I need maybe a little bit --
COMMISSIONER NANCE: I'm going to make a motion to do
just that, to ask Mr. Price if he'd be so kind to work with county staff
and work up other options and come back to something with the Board
if there's some other opportunities. I'll make that motion.
CHAIRMAN FIALA: Do I hear a second? I'll second it.
Any discussion on that motion?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
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April 12, 2016
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Good, that's a 4-0. Thank you very much.
(Applause.)
CHAIRMAN FIALA: And with that, County Manager, let's give
our court stenographer a little bit of a break and at the same time the
audience can clear out.
MR. OCHS: Yes, ma'am, 11: 15 return?
CHAIRMAN FIALA: Yes, that's great, thank you.
(Recess.)
MR. OCHS: Madam Chair, you do have a live mic.
CHAIRMAN FIALA: Would you take this away, please.
Item #10C
STAFF TO REVIEW TRANSPORTATION/INFRASTRUCTURE
IMPACTS OF THE FUTURE DEVELOPMENT OF COLLIER
COUNTY'S EASTERN LANDS, TO PRESENT RESULTS OF THE
REVIEW TO THE BOARD OF COUNTY COMMISSIONERS AND
PARTICIPATE IN THE US FISH AND WILDLIFE SERVICE
ENVIRONMENTAL IMPACT STUDY (EIS) TO HELP GUIDE
THE PROCESS OF THE EIS — MOTION TO PARTICIPATE IN
THE EIS PROCESS, PROVIDE EXISTING PLANS AND ATTEND
BOTH MEETINGS — APPROVED
MR. OCHS: Madam Chair, we're now on to your other morning
time certain item. That was 10.C, slated for 10:45. We're a little
behind.
This is a recommendation for staff to review the transportation
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and infrastructure impacts of the future development of Collier
County's Eastern Lands, to present the results of the review to the
Board, and to participate in the U.S. Fish & Wildlife Service
Environmental Impact Study.
And this item was brought forward by Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much.
Yes, I just would like to see if we have support to direct staff to
participate, as this is an extremely important period right now, it's the
formative period. And I was corrected by Mr. Cornell who said there's
two other periods after this. But clearly this time frame, in April, and
there are two opportunities, are the key ones in terms of creating the
issues that they would, you know, they would consider.
Excuse me, I'm going to lose my voice so I don't think I'm going
to speak anymore right now.
CHAIRMAN FIALA: Okay, very good.
We have some speakers. How many speakers do we have?
MR. MILLER: Madam Chair, I have four registered speakers for
this item.
CHAIRMAN FIALA: Commissioner Hiller would like to speak
before.
COMMISSIONER HILLER: Can you --
CHAIRMAN FIALA: Usually I like to get them afterwards.
Would you like to wait 'til after the speakers?
COMMISSIONER NANCE: Well, I'd like to make an
introductory --
CHAIRMAN FIALA: Well, let me first go to Commissioner
Hiller.
COMMISSIONER NANCE: -- statement.
CHAIRMAN FIALA: All right.
COMMISSIONER HILLER: Staff, what's your position on
being involved in this? I mean, you haven't done this before, have
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you?
MR. OCHS: Well, no, ma'am, this has a long history with the
Board. And the last time this idea was raised back in 2011 as part of
your EAR hearing, I think the Board's decision at that time was to
acknowledge that the private property owners in the Eastern Lands
were going to work with the federal agencies on development of this
habitat conservation plan and then we were going to work with them
when that plan was -- the Board was going to work with them when
that plan was concluded, to then consider additional RLSA LDC
amendments based on -- at least in part on the outcome of that HCP
study.
We agree that we need to be involved in the comment period and
stay attuned of what the federal agency is doing, but I think this is first
and foremost at this point, as I understand it, and Mr. Lorenz is here to
speak with more subject matter expertise than me, but it's an
environmental impact assessment to determine incidental takings in the
future based on the outcome of the review. And of course staff will be
very involved in following that and providing whatever input the
Board would direct.
COMMISSIONER HILLER: So what would you, based on that
history, advise the Board to do in this instance?
MR. OCHS: Well, my advice would be to direct us, like all the
other stakeholders, to participate as required in the review period. As
Commissioner Taylor just indicated, there's some comment period
coming up later this month and then there's follow-on comments as the
process develops.
So my recommendation would be that we stay engaged in that
process as appropriate and report back to the Board if needed or we
believe that's required at any time during the process. They have our
long-range transportation plan, or your long-range transportation plan
as a basis for some of the infrastructure requirements that the county
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would be looking at down the road, and we have historically dealt with
those in terms of impacts as development applications come forward.
Mr. Casalanguida, as you know, was very involved in the mobility
study a few years ago.
Nick --
COMMISSIONER HILLER: I remember that.
MR. OCHS: -- any comments on the process?
MR. CASALANGUIDA: No, I think in speaking to some of the
landowners and interested parties, we would provide copies of the
mobility study in our LRTP and that would be a good participation to
show where the landowners are preserving. And I know what Fish &
Wildlife and the agencies are looking at is connectivity. And then at
that point in time when we go to mitigate our road projects we would
include whether it be overpasses or those types of things, but that
would be on a project-by-project basis, so we could provide that data
to the agencies and let them look at it.
COMMISSIONER HILLER: So the recommendation would be
MR. CASALANGUIDA: To attend the meetings, provide
Collier County's transportation maps and plans, and participate and
answer questions and make sure --
COMMISSIONER HILLER: And not take a position.
MR. CASALANGUIDA: I don't know what position we would
take other than we would --
COMMISSIONER HILLER: I agree.
MR. CASALANGUIDA: -- encourage the plan.
COMMISSIONER HILLER: I mean, I just want to make sure
that there's no expectation that staff would be taking a position at any
of these meetings.
COMMISSIONER TAYLOR: Who talked about a position?
COMMISSIONER HILLER: No, I'm just making sure that it's
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clear that it's not about a position, that it's clearly about providing
information.
MR. CASALANGUIDA: That's clear.
COMMISSIONER HILLER: Yeah. Then I'll make what the
County Manager just said as the motion on this.
MR. OCHS: I think you have some speakers as well.
COMMISSIONER HILLER: Yeah.
CHAIRMAN FIALA: Yeah, I'd like to take the motion after we
COMMISSIONER HILLER: Okay.
CHAIRMAN FIALA: -- hear the speakers.
COMMISSIONER NANCE: We've got a long way to go here.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes, this is a federal process. It's a
NPA process and an Endangered Species Act process. You know, we
have been invited to an interagency scoping meeting, and I certainly
think that we should be attentive but, you know, this is a study that's
going to be done by a federal agency. I don't think we're being asked
by them to participate in their study, I think we're asked to be engaged
and perhaps we have information they'd like to consider but, you
know, Commissioner Taylor, you know, your recommendation says to
review the transportation infrastructure impact. So I'm -- you know,
I'm asking you for clarification on your summary. I don't know that
we need to actually be actively engaged in this. You know, I don't
think we can co-op their EIS here, but I certainly support, you know,
being engaged and paying attention to what's going on. Because it's --
you know, the Rural Land Stewardship Area is within Collier County
and it's an important endeavor that we've engaged in and we've been
participating in since its inception. So -- and I'd certainly like to hear
the public speakers, but I question what your intent is here, ma'am, on
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COMMISSIONER TAYLOR: Well, the intent --
COMMISSIONER NANCE: -- your recommendation.
COMMISSIONER TAYLOR: -- is to be aware and to do as our
Deputy County Manager Casalanguida suggested, that our
transportation, long-range transportation maps be a part of the
discussion and the process.
This is a situation which is about habitat but it's also about Naples
and Collier County taxpayer dollars. And it is incumbent that we are a
part of the discussion, certainly at this point, and then they'll go start
planning and then there will be another point, and I think Mr. Cornell
said there would be even another opportunity.
But right now it's important that we have this very short period,
which is the month of April, and tonight and then also I believe on the
25th, that we can bring Collier County to the table, the staff does it.
And I'm not sure, and I need some clarity, I've heard some things.
I don't know if we can do it also individually as commissioners without
speaking for the Board. I'm not sure how that works.
So that's it. Just it's an issue of bringing the level of awareness
and importance to this very, very important process.
CHAIRMAN FIALA: Did that answer your question,
Commissioner Nance?
COMMISSIONER NANCE: I think so. I'm just trying --
COMMISSIONER HILLER: And Commissioner --
COMMISSIONER NANCE: I just like to read the executive
summaries and I take them at their word, so this is a little different than
what really is here, but let's hear the public speakers.
CHAIRMAN FIALA: Well, I've got two more people:
Commissioner Taylor and Commissioner Henning. Then we'll hear
the public speakers.
COMMISSIONER HENNING: Yeah, I think we're all saying the
same thing, is for staff to be involved in the process and report back to
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the Board on those. And I don't see anything wrong with that.
COMMISSIONER HILLER: Nor do I.
COMMISSIONER HENNING: I support Commissioner Taylor's
item on the agenda.
However, if there's any hidden agenda on here, let it be known so
we know what's being asked. And I don't see it in the executive
summary.
COMMISSIONER TAYLOR: Thank you. There's no hidden
agenda. I couldn't be more forthright.
CHAIRMAN FIALA: And Commissioner Taylor, you also had
your light on?
COMMISSIONER TAYLOR: Thank you. And I think I've
spoken to it, now that I have a voice.
CHAIRMAN FIALA: Okay, very good.
COMMISSIONER TAYLOR: Thank you, Chairman Fiala.
CHAIRMAN FIALA: And now we can hear from our speakers.
MR. MILLER: Your first speaker, Madam Chairman, is Judith
Hushon. She'll be followed by Amber Crooks.
DR. HUSHON: Hello, Commissioners. I guess the last speaker
was really tall.
Anyway, the county does need to weigh in on the impacts. This
is a 50-year plan and so it will be impacting the Eastern Lands of our
county. It will also impact your obligations as the BCC, our
obligations as the taxpayers to pay for the infrastructure that's going to
have to go into this area as it's developed.
So it's important that the development occur in a planned fashion,
in a carefully planned fashion. We have roads, we have fire, we have
schools, we have garbage, we have water and sewer, we have lots of
things that the county will provide to these towns that will be built out
there. Therefore, the county needs to be part of the future planning for
the eastern part of the county.
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The ACP failed to consider the recommendations of the expert
panther panel for one thing, which met after they -- after the RLSA
stuff came down. But at a minimum they recommended that the
development occur in the primary panther -- not occur in the primary
panther habitat, they be put in those higher dryer areas. That would
have a positive advantage for the county. The county's roads and
infrastructure would be more centralized, less duplication. You could
really make a lot more money off of this -- or save money. We could
save money for the county. Because as things are centralized we don't
need so many roads, we don't need -- and not so many roads, it's also
good for the panthers. Because as you know we've had already 16
deaths this year. We had 40 last year, of which 30 were roadkill. So
we're not doing so well with our panthers.
And so I think that every developer that goes into the Eastern
Lands should have to put some money aside, whether they're in
primary or non-primary, to building overpasses. Because some of the
roads run through primary that get them to Naples. If you look at how
you get from Immokalee to Naples, you have to go through some
primary panther habitat. You're going to go across the sloughs.
So I think we need to start incorporating some of that into our
thinking, our planning.
But I also would like to really encourage the county to be part of
this exercise as it moves forward. Yes, it's a federal exercise, but it's
not without local participation, and that's critical. Because you all are
the local. Thank you.
MR. MILLER: Your next speaker is Amber Crooks. She'll be
followed by Nancy Payton.
MS. CROOKS: Good morning. I'm Amber Crooks, here on
behalf of The Conservancy of Southwest Florida and our 6,000
supporting families.
As you are aware, the service has reached out to many parties it
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believes would have a nexus or interest in the proposed habitat
conservation plans which would authorize 45,000 acres of urban
development and mining in your Rural Land Stewardship Area.
The purpose of the service's process and meetings is to inform
you about the project and obtain input on the issues that the county
believes are important to the EIS analysis.
An EIS process is intended to cast a wide net during the scoping
process so that the service, the ultimate decision-maker on the HCP,
may research and review relevant information on any and all aspects of
the human environment and society, not just wildlife issues, that would
change as a result of the proposed development.
Therefor it is appropriate your staff participate in the process to
ensure that the county's interests are protected.
The 100 miles of new and widened roadways that would likely be
needed as a result of the plan would perhaps be the most important
issue for you to be recommended to the service for review. However,
we could also see how the county's water quality, water supply and
watershed management planning would also have a nexus with the
proposal affects to agricultural lands and agricultural economy or
others. There is a limited window of opportunity at this juncture to add
these aspects into the service's EIS, and we encourage you to suggest
these topics as important areas for review.
We support the motion and the staffs recommendation for the
county to participate, and we encourage the county staff to attend the
meetings tonight and importantly the interagency scoping meeting
that's going to be held next Tuesday, April 19th. Written comments
are also accepted to the 24th.
We look forward to working with you on this process and would
also like to offer a presentation to you at a future date to go over the
details of the HCP itself. But we encourage you to participate in the
EIS process. Thank you.
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MR. MILLER: Your next speaker is Nancy Payton. She'll be
followed by Brad Cornell.
MS. PAYTON: Good morning. Nancy Payton, representing the
Florida Wildlife Federation.
And we do endorse the motion that's before you to engage in the
EIS shared data and information with the U.S. Fish & Wildlife Service.
I remind you that Collier County makes the final land use
decisions out there, not the Fish & Wildlife Service. And you have a
planning effort that's going on now or will be in the near future for the
RLSA, which is extremely important to address by the county the
issues that you've heard today.
And I want to again emphasize that you are the final
determination of where mining will happen out there, where the
rooftops will be, the road issues, not necessarily the Fish & Wildlife
Service. They're a regulatory agency. And it compliments what they're
doing, but you are the planners of that area.
I also remind you that the Growth Management Plan refers to
technical letters from the U.S. Fish & Wildlife Service to help you in
your decision making, and I think you should think of this HCP as one
big gigantic technical letter to the county in terms of how the U.S. Fish
& Wildlife Service has evaluated and what they will accept and they
won't accept out in the RLSA area.
It's unfortunate the Fish & Wildlife Service couldn't be here today
to answer some of your questions. You may want to schedule a
workshop with Fish & Wildlife Service to hear directly what this
proposal does and does not do, and to help put it in perspective of the
RLSA planning effort and the responsibilities of the county under the
growth plan.
That concludes my comments. Just trying to put this HCP in
perspective and what your obligations are under the Growth
Management Plan. And this is not usurping any of your planning
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authorities. Thank you.
MR. MILLER: Your final speaker on this item is Brad Cornell.
MR. CORNELL: Good morning, Commissioners. I'm Brad
Cornell. I'm here on behalf of Audubon of the Western Everglades.
And I appreciate the opportunity to comment on this very important
topic. I think Nancy framed it very well, as did the previous speakers.
Audubon of the Western Everglades also is very supportive of the
fundamental concept that is embedded in both the HCP and the Rural
Land Stewardship Area program that is a county program, as Nancy
pointed out. And that concept is that we need to collaborate and
incentivize private landowners in order to accomplish public good in
conservation outcomes. That is a really fundamental point. And
without that kind of collaboration we will not be able to recover
Florida panthers. We cannot. That's two and a half million acres of
Florida panther habitat that's currently occupied in Southwest Florida,
over 800,000 acres of that is privately owned. We must figure out a
way to work with these landowners. There's just no way to get around
it.
So this is a model. You all actually have a 14-year-old program,
the Rural Land Stewardship Program, that is your creation that you
approved back in 2002. This permit on the federal side is a permit for
facets of that Rural Land Stewardship Area program. So it has a great
deal to do with what you all have already established. These are not
new concepts.
We encourage the county and its staff and the public to offer
constructive data analysis and issues, which is what the service is
looking for, to get a beneficial outcome. We're not here to bring
torches and pitchforks, we're here to bring constructive comments.
And the county has some particularly useful sets of data and analysis.
And prospective. You have experience with this program.
50,000 acres has already been put under stewardship easement.
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That's a great outcome. That's part of the way towards the outcome that
we're looking for under this federal permit.
And I'll give you two examples that are of particular interest to
you: One is we want to see agricultural land protected into the future,
the source of food for all of us.
In the five-year review that came through your Growth
Management Plan, there was an amendment to achieve that through
agricultural stewardship credits. That's still sitting on the shelf; it
hasn't been acted on. It's something that's embedded in this HCP, but it
would take you all to find a way to implement that to make that come
to better fruition.
Another way to look at this from the county perspective is to say,
all right, we're going to be providing infrastructure and roads, kind of
what Commissioner Taylor had put into the executive summary. Why
don't we do our own HCP for public infrastructure, a separate HCP?
And actually the service has recommended this. So this is something --
you might look at this as a model, examine how it works and consider
it for your own purposes. So I do encourage you to stay involved and I
thank you for the time.
CHAIRMAN FIALA: Thank you very much, speakers.
You know, I'll tell you, just as one person, everybody seems to
know that they're talking about wanting to include the county. I didn't
know we weren't included. And I mean, if it's in Collier County and it
has to do with our land and land use, why wouldn't we be?
So each one is encouraging us, but we have to be involved in it
already. So I'm not quite sure what the message is. But maybe I'm just
missing it. So I just wanted to throw that on the record. Because I
seem to be --
COMMISSIONER HILLER: Commissioner Fiala, can I
comment on what you just said? I agree with you. That's kind of why
I turned to staff--
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CHAIRMAN FIALA: You have to talk into the microphone.
COMMISSIONER HILLER: I'm sorry, forgive me.
I agree with you. That's why I raised the point I did and turned to
staff and said okay, because I'm just not really sure why we're doing
this and not --
CHAIRMAN FIALA: Yeah, are we not included?
COMMISSIONER HILLER: I'm not really sure why we're
giving direction on something that I thought would be obvious.
MR. OCHS: We got the notice of the hearing in my office
through the chairman's office and immediately staffed it out so that we
could make sure we participate.
But I think, as I understand Commissioner Taylor's executive
summary, she just wanted to make sure that there weren't any gaps I
think in that participation.
COMMISSIONER TAYLOR: That's right.
MR. OCHS: And we have every intention --
COMMISSIONER HILLER: But you have Board direction to do
it; is that the point?
CHAIRMAN FIALA: Like we didn't want to participate? I
didn't understand that.
COMMISSIONER TAYLOR: No, I think it's more of an
education about what this process is. But more importantly, there are
two dates, that's it, on this phase of this whole process. And it's a very,
very important process. I think that's why our environmental
community is here, to encourage us to comment either written and also
maybe public comment on one of two days.
CHAIRMAN FIALA: We've always done that, though. I mean,
this is our county. We would always do that.
Well, anyway, I'm sorry, I'm just bringing this up because, I
mean, I didn't know that -- it made me feel like we were excluding
ourselves, and we sure don't want to do that. So I just -- I'm just trying
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to get that straightened out in my own head. So move on to --
COMMISSIONER HENNING: Commissioner, I think the most
important part is to bring it back to the Board --
CHAIRMAN FIALA: Yeah.
COMMISSIONER HENNING: -- the outcomes of it.
CHAIRMAN FIALA: Right.
COMMISSIONER HENNING: So where's the harm in the
executive summary? There is no harm in the executive summary.
CHAIRMAN FIALA: No, there's no harm at all. I was just
wondering why all this audience kept asking us -- all of our speakers
kept asking us to participate. I just didn't -- that isn't harmful, I'm just
trying to understand. You're with me?
COMMISSIONER HILLER: I'm with you 100 percent.
CHAIRMAN FIALA: So anyway, now that I've gotten that --
now that we are and everything, that's what -- they were just
encouraging us to do as we're doing? That's good.
COMMISSIONER HILLER: I have a motion on the table.
CHAIRMAN FIALA: Commissioner --just a minute, I've got
two speakers there.
COMMISSIONER TAYLOR: I spoke, so that's fine.
CHAIRMAN FIALA: Okay, Commissioner Nance?
COMMISSIONER NANCE: I want to go over what it says in
this executive summary. Okay, it says in the executive summary to
direct staff to review the transportation and infrastructure impacts of
the future development of Collier County Eastern Lands and present
the results of the review in a full presentation. And then it says
participate in the U.S. Fish & Wildlife Service environmental EIS.
I've got absolutely no problem. We've been given an invitation, I
think all the Commissioners got one, to participate in the interagency
scoping meeting, but I think it's --just me, I think it's premature to
have us do an independent review of the transportation infrastructure
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impacts of the future development of the Eastern Lands since we're just
getting ready to do this growth management review. I think that's
going to happen at that time, is it not?
MR. CASALANGUIDA: It is, sir. And you do a traffic analysis
every time you do an LRTP update. And you've done --
COMMISSIONER NANCE: Right.
MR. CASALANGUIDA: -- a master mobility plan and you've
done a build-out study --
COMMISSIONER NANCE: So I certainly support
Commissioner Taylor's saying that we participate fully in this process
as we've been invited, but I don't want to -- I can't vote for a full
presentation of an independent review on something that is already
scheduled down the line. I don't see what the need for this is. It's two
different things in my mind.
COMMISSIONER HILLER: That's not part of my motion. My
motion is specially -- and I had the County Manager tell me what he
viewed as his participation obligation, which is how I made the
motion, to ensure that that's what they're doing. Which basically is --
COMMISSIONER NANCE: Okay, so you're not asking us to --
COMMISSIONER HILLER: No.
COMMISSIONER NANCE: -- do an independent --
COMMISSIONER HILLER: No, I'm asking --
COMMISSIONER NANCE: All right, I could support your
motion. I'm not trying to be disrespectful to Commissioner Taylor, but
I see two elements --
COMMISSIONER HILLER: Right. Well, that's why I asked the
County Manager, because I'm not sure how this process works. I've
never attended these meetings to understand how this -- how our
involvement -- or what is expected by way of involvement of our staff.
So that's why I wanted you to articulate it.
COMMISSIONER NANCE: This Environmental Impact
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Statement is for a conservation plan on habitat that's done over the
RLSA in a completely comprehensive way. And I fully endorse that
approach. As I do with planning every other aspect of the
development of the RLSA. Because I don't think that doing it
incrementally in this case -- I think, you know, every environmental
advocate that I've talked to says if we plan for management of the
environment incrementally, everybody loses.
So I certainly support this. I think we need to be engaged, I think
we need to let them do their process, and I think it's going to be very
timely in view of our Growth Management Plan restudy. I think it's
going to be great to have it. And I hope it -- I'm anxious to see what
they come up with.
COMMISSIONER HILLER: And I like what Nancy Payton said
and that is ultimately it is all the Board's decision and Fish & Wildlife
is a regulatory body, and it's good that they're engaging in the exercise,
but it will rest on the Board's shoulders to make the right decision at
the right time with respect to all of this.
CHAIRMAN FIALA: Okay, so now repeat your motion, please.
COMMISSIONER HILLER: County Manager, can you repeat
the motion so that there's no ambiguity? I don't want to misstate
anything.
MR. OCHS: Ma'am, it would be my intent, unless otherwise
directed, to fully participate by providing existing plans and existing
data and analysis that we have that could help direct and influence the
federal government's study of this area, not to create a new study
necessarily at this point.
COMMISSIONER HILLER: And to attend both meetings.
MR. OCHS: Oh, yes.
CHAIRMAN FIALA: And Penny, is that what you understood?
COMMISSIONER TAYLOR: Yes. And it was never my
intention to create a new study. It was more to review what we have.
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You know, we have today and we have two weeks from now. That's
dreaming. And so I'm sorry if the wording was a little nebulous.
CHAIRMAN FIALA: No, that's all right.
COMMISSIONER TAYLOR: It was never ever intended to do
that.
CHAIRMAN FIALA: It's not a problem.
So now Commissioner Hiller, let me straighten this all out.
Commissioner Hiller, is that your motion --
COMMISSIONER HILLER: It is.
CHAIRMAN FIALA: -- that our County Manager repeated?
COMMISSIONER HILLER: It is, uh-huh.
CHAIRMAN FIALA: And do I have a second?
COMMISSIONER NANCE: I will second it.
CHAIRMAN FIALA: Okay, I've got a second on there.
Are there any other comments on that?
(No response.)
CHAIRMAN FIALA: Okay, all in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good.
So now that's exactly what we're doing and everybody's happy.
Good, let's go home and sing Kumbaya.
COMMISSIONER NANCE: The public is encouraged to come
to the meeting at the IFAS center tonight and participate from the
public perspective. And then of course we have our interagency
scoping meeting also again as an agency of interest on Tuesday, April
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the 19th.
COMMISSIONER TAYLOR: And so my question, and it's a
procedural question, when we comment, and I'm assuming for me it
will be in two weeks, do we comment as citizens, do we comment as
commissioners, do we -- speaking or do we identify that so that there's
no -- the Board's a little sensitive about this subject, so I just want to
make sure that we're really, really clear that when we do want to speak,
you know, what hat do we put on? Penny Taylor Citizen, Penny
Taylor Commissioner, not speaking on behalf of the Board, or don't
speak at all?
MR. KLATZKOW: You're welcome to identify yourself as a
Commissioner. Just make it clear you're not speaking for the Board.
COMMISSIONER TAYLOR: Thank you. Thank you.
COMMISSIONER NANCE: And that's what tonight's exercise is
all about for everybody to -- yeah, everybody's got their opinion. I
hope to see you there, ma'am.
CHAIRMAN FIALA: Okay, now we have 15 minutes left before
we have to go upstairs to have lunch with our youth, Know Your
Government guests, or I think we're their guests. No, we have to pay
for lunch. Bring your purses, ladies. Okay, fine.
So would you move us forward a little bit here?
MR. OCHS: Yes, ma'am.
Item #10A
RESOLUTION 2016-70: RATIFYING THE ADDITION AND
CONFIRMING APPOINTMENTS OF FOUR (4) NON-VOTING
MEMBERS TO THE LOCAL RULE REVIEW COMMITTEE TO
PROVIDE LOCAL INPUT TO FLORIDA FISH AND WILDLIFE
COMMISSION ON PROPOSED CHANGES TO THE MANATEE
PROTECTION ZONES IN COLLIER COUNTY — ADOPTED
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April 12, 2016
That moves us to Item 10.A. This is a recommendation for the
Board to ratify the addition of the four non-voting members to the
Local Rule Review Committee to assist the Florida Fish and Wildlife
Commission on the proposed changes to the manatee protection zones
in the county.
CHAIRMAN FIALA: Commissioners?
COMMISSIONER HENNING: That's move to approve the
outlying as presented.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: And a second.
Any further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay, that's a 5-0.
MR. OCHS: Thank you, Commissioners.
Item #10B
A 6-MONTH MORATORIUM ON GOLF COURSE CONVERSION
APPLICATIONS IN ORDER TO PROVIDE STAFF TIME TO
STUDY VARIOUS ISSUES THAT SHOULD BE CONSIDERED
BEFORE ANY RECOMMENDATIONS ARE CONSIDERED BY
THE BOARD OF COUNTY COMMISSIONERS — MOTION TO
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April 12, 2016
APPROVE THE 6-MONTH MORATORIUM AND DIRECTING
THE COUNTY ATTORNEY TO DEVELOP A PROPOSED
AMENDMENT BASED ON BOARD DISCUSSION AND
PROVIDE IT TO STAFF — APPROVED
Item 10.B is a recommendation for a six-month moratorium on
golf course conversion applications in order to provide time to study
the various issues.
This item is brought forward by both Commissioner Taylor and
Commissioner Henning.
COMMISSIONER TAYLOR: Oh, well, yes?
Okay, you know, it's fascinating, I've learned in the space
between our last meeting and this meeting that indeed it's becoming a
popular question on the government level. There's been now three.
One is in-house, one is looking and another one has come.
I think we have to answer some serious questions like how do you
integrate a golf course redevelopment into the current infrastructure
that serves the community? How do you mitigate the loss of open
space? And I would assume the mitigation would be on behalf of the
developer. So to benefit the community that he's taking the open space
from, is it possible? I mean, these are serious questions.
I also learned something that Commissioner Henning could
probably answer for me, but I learned that the only nighttime golf
course in Collier County is golf-- is the one in Golden Gate with
lights; is that correct?
COMMISSIONER HENNING: Hell, I'm a fisherman, how
would I know about it?
COMMISSIONER TAYLOR: Okay, well let's assume --
COMMISSIONER HENNING: I don't think there is. I think
that's one out in East Naples.
CHAIRMAN FIALA: Yeah, that's --
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April 12, 2016
MR. OCHS: That's my understanding as well.
COMMISSIONER TAYLOR: So it's not the one that's under
question, it's another one?
MR. OCHS: No, ma'am.
COMMISSIONER TAYLOR: Okay. All right.
So my -- you know, and I brought that up because a citizen called
me to say it's the only one. And frankly, you know, we always see
these patterns. But as someone who's watching the so-called hardship
of golf course preservation within Collier County, you kind of do a
whiplash when you read the paper that the Beach Club is now
investing millions in renovating their golf course. And as recently as
two years ago they talked about golf courses being on the, excuse me,
upswing because people are retiring here and want to play golf,
contrary to what's going on in the other parts of the country.
I think this subject deserves a thorough examination, the blessing
of time, which would be a six-month moratorium, to allow legal and
our planning staff to really research it and bring back some either
amendments or laws or concepts that have some teeth in it. Because
this is a -- this is going to be a challenging subject going forward.
CHAIRMAN FIALA: And none of the new developments are
building golf courses inside of them either.
Commissioner Henning? I don't know that you have something
on, but you also --
COMMISSIONER HENNING: I do, but Commissioner Hiller
was first.
CHAIRMAN FIALA: Oh, I was just calling on you because this
is partly your subject.
MR. OCHS: There has to be a co-sponsor on this, sir.
COMMISSIONER HENNING: Our Growth Management Plan
states that we should preserve open space. However, reviewing the
Land Development Code, I don't know what that means. Obviously
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open space is things like this. So I think there's opportunities to really
spell out in the Land Development Code, you know, open space and
preservation of open space. Now, is that off-site? I don't know. Is that
on-site? I would say yeah, it is.
Mike?
MR. BOSI: Mike Bosi, Zoning/Planning Director.
Within our current Land Development Code and our Growth
Management Plan, every residential development is required to
provide 60 percent open space within their development. We have one
of the most stringent open space requirements by code for each
individual development. It decreases a bit for commercial
development.
COMMISSIONER HENNING: When you say development,
obviously we now do development predominantly PUD. Does that
include straight zoning also?
MR. BOSI: The PUD has a requirement for the 60 percent. The
straight zoning, it's not as applicable because the dimensional
standards within the straight zoning provides for an open space. But
there's no other requirement for a 60 percent within a straight zoning if
you would come in for an individual plat.
COMMISSIONER HENNING: But it's still zoning, though.
MR. BOSI: Uh-huh.
COMMISSIONER HENNING: Why the differential?
MR. BOSI: The concept of converting your agricultural to an
alternative within the PUD, the development that's provided for has
that 60 percent open space requirement. For a straight zoning, the
aspect of the dimensional standards provides for the open space. The
water management components that would be associated with the plat
provide for additional open space as well within the individual
requirements. So those type of components provide for and get you
toward that 60 percent.
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April 12, 2016
COMMISSIONER HENNING: Well, straight zoning provides
the 60 percent. I'm a little confused because you said it's a requirement
on the zoning, but we have two different ways that we rezone, straight
zoning or PUD, which is a special one. Are they different in the
amount of open space?
MR. BOSI: The PUD will have a specific component that will
say requirement for that 60 percent open space. The straight zoning
would be -- that 60 percent has to be provided for when they go for the
plat. So it's not --
COMMISSIONER HENNING: Okay, the 60 percent -- all right,
so they're still 60 percent whether it's straight zoning or PUD?
MR. BOSI: Yes, it's just in the PUD it's expressed specifically
within the regulations.
MR. CASALANGUIDA: Commissioner, if I could, just a little
clarification. Some of the questions staff has received, like Golden
Gate City is a great example because you've got the golf course there
that has come up for questions.
Citizens have started to ask, when Golden Gate City was platted
was that golf course meant to be part of the open space as part of the
plat. So that's something we're going to have to look at as part of this
project coming forward, which is probably your question.
COMMISSIONER HENNING: Well, I don't know, there's one
in Lakewood that is a private facility. I think that's a very important
question.
CHAIRMAN FIALA: Stormwater retention would also probably
be a part of that.
COMMISSIONER HENNING: Well, they have requirements
through the water management to have that stormwater retention on
there.
The issue -- and I guess I have Golden Gate on my mind now is
the existing infrastructure, existing requirements. But, you know, are
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April 12, 2016
we -- do we have enough things within our Land Development Code to
-- it's all about protecting our citizens.
MR. BOSI: Within our Land Development Code we have the
open space requirements, we have the water management
requirements, we have our landscape buffer requirements, we have our
setback requirements, we have architectural requirements, we have our
compatibility review requirements, we have our concurrency
requirements. All those aspects will be applied against any conversion
that would be proposed by an individual developer that would have to
be satisfied. Those conditions would be analyzed by staff, brought to
the Planning Commission, then ultimately decided by the Board of
County Commissioners.
COMMISSIONER HENNING: Okay. So what is -- in the
six-month moratorium, what would we be doing then?
CHAIRMAN FIALA: Would we be putting together a policy for
golf course conversion? Because all those things are in the Land
Development Code but there isn't anything about fitting -- exchanging
a golf course into, say, a four-story condominiums or whatever and
maybe increased density because you're putting it in a four-story. And
especially when people have been purchasing their land and paying
taxes all these years on land so that they can look out over a golf
course.
COMMISSIONER HENNING: That's compatibility.
MR. BOSI: That's a direct question of compatibility. The Board
of County Commissioners is required to make that finding when you
deliberate over any individual development, those are one of the
questions that the Board is asked to satisfy as part of that evaluation.
Those are part of our Land Development Code process for how we
review development.
MR. KLATZKOW: Commissioners, if I may, this is what your
issue is going to be 10, 20, 30 years from now, all right. If you have
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land that's zoned for golf course that has no other use in your Comp.
Plan or your LDC, no other alternative use, and down the road golf
courses become uneconomical as a business in Florida, there's going to
come a point in time where you're not going to have any choice but to
rezone that property.
If you put into your regulations now alternative uses that you
could do with this property that are compatible with the neighborhoods
now, as people are purchasing this property over time they can't claim
that they had investment backed expectations otherwise because it's in
your code already.
And so what you're doing is you're planting the seed today that
you may not need for 10, 20, 30 years. But should that time come and
a golf course wants to convert, they won't be able to argue that I can't
do anything else with my land or I purchased my land and I didn't
know that I had other alternatives. You will have them in your code.
And that's really what you're doing here, you're doing very
long-term planning here for if and when that time comes when golf
courses are no longer viable.
CHAIRMAN FIALA: Unless they always stay viable.
MR. KLATZKOW: Nothing lasts forever. Once upon a time
horseracing and boxing were two of the most popular American sports.
CHAIRMAN FIALA: Well, that's another day.
Anyway I'm sorry, we're way off.
COMMISSIONER HENNING: No, I like that approach.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: I think it's spot on is to -- if it's
not economically viable, however, there needs to be the test of
economically viable, if it's not economically viable now.
MR. KLATZKOW: And you can put it in your code.
COMMISSIONER HENNING: There needs to be that burden of
proof. That's what needs to be done within this six months is the
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language of burden of proof.
The second one is provide alternative compatible uses that is
something similar.
COMMISSIONER TAYLOR: That would be acceptable.
COMMISSIONER HENNING: Be acceptable, yes.
COMMISSIONER TAYLOR: And that would require
neighborhood participation, and we've got some neighbors right now
that are -- their ox is being gored. So there's -- I see this as a win/win,
this moratorium.
CHAIRMAN FIALA: I do too. I agree with you.
COMMISSIONER HENNING: That's the direction to be is to
the -- exactly what Jeff Klatzkow said is alternative uses and the
burden of not economically viable anymore.
CHAIRMAN FIALA: And probably taking into consideration
the baby boomers who will be coming down soon and the new
developments being built that do not have any golf in it. Which even
-- well, I'll go on to that later.
I'm sorry, I shouldn't be talking, I'm the chairman.
Let's -- Commissioner Hiller is next.
COMMISSIONER HILLER: How long will it take staff to pull
this together?
MR. BOSI: The current Land Development Code staff is
currently in the process of bringing forward the first cycle of
amendments to the DSAC and ultimately to the Planning Commission.
They're well on their way of working towards the second cycle. It's a
staff of two with a manager.
There is a lot of obligations associated with those activities. I am
uncertain to be able to commit, especially I'm not the manager of those
staff, as to how long this effort will take. I guess it depends upon the
scope. If it's specifically trying to incorporate an economic viability
test to the conversion of golf courses, that may be a little bit more of a
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succinct process.
If it's alternative range of land use options, that's a much different
question, because the alternative range of land use options is dictated
by your Growth Management Plan. The Growth Management Plan
says what land uses are appropriate within the individual area. For
instance, the golf course at Golden Gate and 951, it's urban residential.
It's residential land uses that the Growth Management Plan would
suggest as appropriate.
So if we were to go beyond alternative land uses, you start getting
into your Growth Management Plan and how your Growth
Management Plan provides for the arrangement of land uses. So that
could be a much broader question and much longer endeavor.
COMMISSIONER HILLER: I want to get a clear understanding.
You don't need a lot of time to set the economic burden test.
MR. BOSI: We would have to do some research to see if there's
any -- what the construct of an economic burden test would be. I mean,
we don't have a lot of economists on staff, so how we would set that up
might take a little bit of time. But it seems --
COMMISSIONER HILLER: You could contract with someone.
You could contract with an economist to get it done.
MR. OCHS: Sure, Commissioner, but the question is what's
considered economically viable. I mean --
COMMISSIONER HILLER: Right, and like I said --
MR. OCHS: -- you can operate it at 10 percent margin or a --
COMMISSIONER HILLER: I don't know. You have to --
MR. OCHS: -- 30 percent margin.
COMMISSIONER HILLER: I don't know.
MR. OCHS: That's very subjective criteria.
COMMISSIONER HILLER: I understand that. But that's why
you would -- I mean, you'd have to do the research to find if there is
such a standard anywhere else, talk to an economist. You know, I don't
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think it's a decision our staff is capable of--
MR. OCHS: I agree.
COMMISSIONER HILLER: -- making.
MR. OCHS: I agree.
COMMISSIONER HILLER: And with respect to the second
issue, if the Growth Management Plan already provides alternative
uses for these golf courses, I mean, these are not strictly solely golf
course use --
MR. BOSI: No, and --
COMMISSIONER HILLER: -- planned land.
MR. BOSI: -- as we said, the Growth Management Plan provides
for what their allowable range of land uses are for any one geographic
area of the county.
COMMISSIONER HILLER: So that -- to the point that the
County Attorney was making, the alternative uses are already
established for these parcels that are currently golf courses.
MR. BOSI: And the only alternative I've heard of was residential.
MR. KLATZKOW: No, you can do alternative recreational uses
as well. There's no reason, for example, they couldn't convert it to
tennis courts.
COMMISSIONER TAYLOR: Pickleball courts.
MR. KLATZKOW: Or pickleball courts, or --
CHAIRMAN FIALA: There you go, pickleball.
MR. KLATZKOW: -- anything that's low intensity.
MR. BOSI: Well, and I guess --
COMMISSIONER HILLER: And then you'll have --
MR. BOSI: -- you start getting into issues of is that public
ownership or is that private ownership or private ownership for parks?
COMMISSIONER NANCE: It's a little more comp--
MR. BOSI: We're starting to get into areas --
COMMISSIONER HILLER: Well, will neighbors want a
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pickleball court in their backyard after they had a golf course in their
backyard which was quiet and didn't involve people, you know,
screaming up and down on a court that they made a point. If that's
what they do in pickleball, because I don't know because I haven't
played pickleball.
COMMISSIONER NANCE: They're brutal, ma'am.
Pickleballers are brutal.
CHAIRMAN FIALA: They are.
COMMISSIONER HILLER: But the point being is that if--
CHAIRMAN FIALA: Folks, we don't have much time. We're
supposed to be upstairs.
COMMISSIONER HILLER: I do have to just get an
understanding of this.
Is six months too much or too little to do what seems to be the
only thing that needs to be done which is the economic burden test?
MR. OCHS: Commissioner, I think that's a reasonable amount of
time. And if we need more, we would have to come back and ask you
for more. But I think six months --
COMMISSIONER HILLER: And if you need less, you will
deliver it as soon as possible?
MR. OCHS: Certainly.
COMMISSIONER HILLER: Okay.
CHAIRMAN FIALA: We're going to cut this short a little bit,
we're going to hear from Commissioner Nance and then we're not even
going to take a vote on this, we're going upstairs, because we --
COMMISSIONER NANCE: Yeah, we are, we're going to vote
on it soon.
CHAIRMAN FIALA: Okay then, let's go.
COMMISSIONER NANCE: Here we go. I'm going to go real
quick.
Okay, I support the six-month moratorium. I think it's great. I
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fully endorse Commissioner Henning spot on saying we need to
develop policies and methodologies for golf course conversions, but
I'm going to throw one little wrinkle into it that I don't think has been
discussed. Because from my perspective it's got to do with a property
rights issue. And I think the one thing that we haven't determined --
we've said we'd go all these alternate uses, but we have not determined
legally to my satisfaction that some of these properties do not have
encumbrances on them. And that may be clearly spelled out in the
agreements that were made or it may be an issue for the courts. And I
think the courts have weighed in on it.
It's my understanding that they're -- in the situation in Golden
Gate there's actually restrictive covenants on that land that outlined
some things. And if that's there and it's clear, that's fine. But it's this
area that I think we're going to have to come to grips with that's the
gray area where it's not clearly spelled out, and I believe this is going
to be so contentious that I believe there's actually some case law in this
and we need to put this into this process.
So with that I'll let us go vote.
CHAIRMAN FIALA: So Commissioner Taylor?
COMMISSIONER TAYLOR: I make a motion to approve the
agenda item as written and have a six-month moratorium on golf
courses.
COMMISSIONER HENNING: Yeah, a friendly amendment?
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER HENNING: Since the County Attorney
seems to be in line with the majority of the Board's idea what it should
look like, direct the County Attorney to write something and give it to
staff?
COMMISSIONER TAYLOR: Yes, I would agree to the
amendment.
CHAIRMAN FIALA: Okay, everybody understands the motion?
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I just want to make sure we don't encourage golf course
conversion. I just wanted to mention that on the record. We keep
saying golf courses are dying and yet other people are saying they're
coming alive. But I just wanted to put that on the record. And they
keep saying that without any new ones being built they're going to be
more and more in need of what we have remaining. Anyway, but this
is just calls I've received.
Okay, I've got a motion on the floor and a second. Any further
conversation on this subject?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: And with that we're going upstairs to meet
the youth.
(Luncheon recess.)
MR. OCHS: Madam Chair, you have a live mic.
CHAIRMAN FIALA: Thank you very much. And the meeting
will come back to order again. And where are we from here, Leo?
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: We go to item seven on your agenda, Madam Chair.
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It's public comments on general topics not on the current or future
agenda.
MR. MILLER: Madam Chair, your first speaker is Dan Truckey.
CHAIRMAN FIALA: How many speakers do we have?
MR. MILLER: Madam Chair, I have a speaker I held over from
the proclamation that I was as a courtesy going to call. Steven Bracci,
is he still here? Bracci.
I did not get a chance to confirm that he would stay, but I was
going to call his name anyhow.
CHAIRMAN FIALA: Okay, good.
MR. MILLER: Mr. Truckey?
MR. TRUCKEY: Thank you.
Today I bring an issue before you from a condominium
association in Port of the Islands, Villages at Stella Maris. We
represent the master association. I'm president with the master at
Villages.
In 2002 or '03 our condominiums were turned over. The builder
built several of them in our association, turned them over to the master
association, and the taxes were double collected on a piece of master
property from about 2003 until it sold at tax sale in 2010.
The notifications for the tax sale were not complete as they only
notified half of the owners because it's master property according to
our documents. Everyone has title to that property and should have
been noticed to all of the condominium owners and it was not, it was
only issued to about half of them.
We then went a few years where nothing really happened with it.
And last year we took it to the county. We went to the Tax Collector's
Office and the Tax Assessor's Office. And in the Tax Assessor's
Office they actually issued an E&I where they went back three years
and said yes, we have been collecting double taxes on that property.
And by statute of limitations that's what they went back.
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Now, we couldn't get an appointment with Mr. Skinner, he would
not see us. However, we did have an appointment with a Larry Ray
who covered some of the procedure with us.
So when they issued this they pretty much zeroed -- well, they did
zero the tax on a piece of property. Now, that was sold at tax deed
sale. So in our condominium association we have a piece of master
property that actually belongs to someone else. And this is a piece of
property that when you step one foot outside the building you're on this
piece of property, all right, and it goes from there to about 10 feet from
the seawall.
Now, there's a lot of restrictions that go with that property. The
master documents -- according to the attorney, the master documents
still apply. So our -- our owners are able to use the property, walk
across it, things like that.
Now, we maintain the property, you know, we water it, we take
care of the sprinkler systems, we mow it, we maintain the trees,
however, it is owned by another company.
So we bring this before you because there's been a couple of
issues here that just didn't make a lot of sense.
Now, the reason it went to tax sale is because the second tax bill
was never being paid. The owners -- when a builder takes on a piece
of property, he has a tax bill on that property. When he builds units on
it and then turns them over to the owners of the units, that tax bill gets
zeroed for the master lands, because now the unit owners, it's built into
their assessment for their building, the taxes. You know if that builder
doesn't continue to pay taxes forever on a piece of land that he's turned
over to the owners.
So we had a double tax system thing going on there where they
were collecting it twice. And half of it was paid by the owners, the
other half was building up and created the tax deed sale.
CHAIRMAN FIALA: That's all right, keep on going.
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MR. TRUCKEY: All right.
Now, we went through -- with the county, we were hoping that
when we brought this to their attention the county would be able to do
something, but at this point we've exhausted our resources with the
county. And now it's an option of bringing it here before the
Commission to see if there's something we can do or gear up to sue the
county. According to the attorneys we can do that, but that costs quite
a bit of money to sue the county.
COMMISSIONER TAYLOR: And you'd sue the county for
what, sir?
MR. TRUCKEY: Well, we would sue them to rescind the tax
deed sale because it never should have happened in the first place. The
reason the tax deed sale took place from the beginning is that the
county was collecting twice on the same parcel, okay, and they've
created a monster now that either way has to be addressed. Because
there's a company that owns a piece of property that pays zero tax on
it. How often does that happen? All right?
So it's an injustice that's still going on and it really needs to be
looked at. And we were hoping that maybe the Board or the
Commissioners would be able to take a look and give us some
guidance or maybe give this thing a little push that it needs to make it
right.
CHAIRMAN FIALA: Our County Attorney probably could
guide you a little bit. Would you like to speak to that, Jeff?
MR. KLATZKOW: Yeah, I'll work with him. This is where a
phone call might have been helpful. But I'll work with him and the
Tax Collector. I really have no idea what this is about, but we'll figure
it out.
CHAIRMAN FIALA: Okay, good.
You've got the expert sitting right there next to you.
MR. TRUCKEY: Perfect. All right.
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April 12, 2016
CHAIRMAN FIALA: Thanks for coming by.
MR. TRUCKEY: Thank you very much for your time.
CHAIRMAN FIALA: That was the only speaker?
MR. MILLER: That was the only speaker as Mr. Bracci is not
here.
CHAIRMAN FIALA: Okay, fine.
Okay, so then Leo?
Item #11A
RESOLUTION 2016-71/CWS 2016-01 : A RESOLUTION
AUTHORIZING 1) THE ISSUANCE OF THE COLLIER COUNTY
WATER-SEWER DISTRICT WATER AND SEWER REFUNDING
REVENUE BOND, SERIES 2016, IN A PRINCIPAL AMOUNT
NOT TO EXCEED $60,000,000 TO REFUND AN OUTSTANDING
BALANCE OF THE COLLIER COUNTY WATER-SEWER
DISTRICT WATER AND SEWER REVENUE BONDS, SERIES
2006, TO ACHIEVE DEBT SERVICE SAVINGS OF
APPROXIMATELY $5.8 MILLION; 2) AWARDING OF THE
SERIES 2016 BONDS PURSUANT TO A PUBLIC BID; 3) THE
EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT
AGREEMENT WITH US BANK AND THE ARBITRAGE GROUP
AS THE VERIFICATION AGENT; 4) THE EXECUTION AND
DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT, AN
OFFICIAL STATEMENT AND CONTINUING DISCLOSURE
AGREEMENT; AND (5) CERTAIN OTHER MATTERS —
ADOPTED
MR. OCHS: Yes, Madam Chairman, that moves us into Item 11,
County Manager's Report.
11.A is a recommendation to adopt a resolution that would
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authorize the refunding of revenue bonds, utility revenue bonds in your
water and sewer district and the principal amount not to exceed $60
million to refund the outstanding balance in order to achieve a debt
service savings of approximately $5.8 million.
And Mr. Bellone can present or entertain questions from the
Board.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Second.
Congratulations.
CHAIRMAN FIALA: Good presentation.
COMMISSIONER TAYLOR: Well done.
CHAIRMAN FIALA: All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Good. We're done.
MR. BELLONE: Thank you again, Commissioners.
MR. OCHS: Thank you, Joe. Good work.
COMMISSIONER NANCE: Joe says.
Item #11B
AWARD INVITATION TO BID (ITB) #16-6541 "ROADWAY
PAINT, THERMOPLASTIC MARKINGS, AND RAISED
MARKERS" TO MCSHEA CONTRACTING, LLC AS THE
PRIMARY CONTRACTOR — MOTION TO APPROVE —
APPROVED
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April 12, 2016
MR. OCHS: Next item on the agenda is Item 11.B. It was
previously 16.A.20. It was moved to the regular agenda for discussion
at separate request of both Commissioner Henning and Commissioner
Taylor.
This is a recommendation to award a contract for roadway paint
thermoplastic markings and raised markers to McShea Contracting,
LLC as the primary contractor.
Mr. Wilkison can make the presentation or respond to specific
questions at the pleasure of the Board.
COMMISSIONER HENNING: Ladies first.
COMMISSIONER TAYLOR: No?
CHAIRMAN FIALA: I'm sorry? You're supposed to be
speaking to this, David?
MR. WILKISON: Good afternoon, Commissioners. For the
record, David Wilkison your Growth Management Department Head.
I'm here to answer any questions you may have about this
particular item.
CHAIRMAN FIALA: And this was Commissioner Henning and
Commissioner Taylor who put this on the regular agenda?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN FIALA: Who wants to start then?
COMMISSIONER HENNING: Ladies first.
COMMISSIONER TAYLOR: I'll start.
Okay, you know, I appreciate the situation. And I just needed
you to explain on the record why the time of-- for qualifications, the
criteria for qualifications changed from three years to five years. Is
that we're more safe today, we need to be more safe? I don't
understand.
MS. MARKIEWICZ: Joanne Markiewicz, Procurement Service
Director.
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April 12, 2016
Commissioners, in the prior two contracts before this one, the
experience was three years. In both of those contracts the primary
vendor who was awarded was not able to perform the contract, and in
fact a secondary vendor assumed the contract both times. So this time
the Growth Management Department was interested in moving that up
to five years.
Previous to that also FDOT had a five-year experience.
COMMISSIONER TAYLOR: Previous to that? What do you
mean?
MS. MARKIEWICZ: FDOT about a year ago changed their
experience from five to three.
COMMISSIONER TAYLOR: Okay, good. Thank you.
MR. OCHS: The other way around.
MS. MARKIEWICZ: No, five to three.
COMMISSIONER TAYLOR: And I certainly appreciate, Ms.
Markiewicz, your response. I think it was a very professional response
except for just a tiny bit of-- a little bit of finger pointing at the
beginning when you said oh, but you should never have called, you
should never have emailed, you know, and I'm saying this --
CHAIRMAN FIALA: Nobody knows what you're talking about.
COMMISSIONER TAYLOR: It was in our -- it's backup. No?
It should be.
CHAIRMAN FIALA: Could you find that for me? I don't have
it in front of me.
COMMISSIONER TAYLOR: Well, let me get it.
CHAIRMAN FIALA: Well, that's all right, that's all right, just
tell me what it says and, you know --
COMMISSIONER TAYLOR: Well, I think Ms. Markiewicz's
response was -- it was on point. She methodically -- we had a man, a
company that bid that was rejected and then challenged it for a bid
protest.
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April 12, 2016
CHAIRMAN FIALA: Yes, I read that.
COMMISSIONER TAYLOR: And you got the letter.
And that letter -- and Ms. Markiewicz responded to that letter
methodically and thoroughly. I thought you did a great job. I was a
little concerned at the beginning because she started off by saying, you
know, I know you said this, but you strayed into a land you never
should be in because you responded -- you went and actually contacted
our staff during a process that you were not allowed to do it. And I
thought it was a little defensive. But other than that, I thought her
response was on point and very thorough and I thought answered all
the questions.
I had a question. One of his complaints was, you know, you've
always done it for three years, how come it's five years? And that
wasn't answered, and I got that answer right now, so I was fine with
that. Thank you.
CHAIRMAN FIALA: Okay. I'm sorry, I didn't --
COMMISSIONER TAYLOR: No, that's okay.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Yeah, the item is to award the contract and deny the protest of the
bid. And in the letter the gentleman is stating, you know, we didn't
count -- some of the items was not bidded properly and so on, so forth.
I think the resolution to this item is to award a primary and a
secondary or to both and let staff ask them for a bid on one of the
projects. And that way it's good for the taxpayer. That way you'll
know that you're getting the best price, A. B, this gentleman whose
company is new in Collier County then gets the experience. And by
having that experience in future bids you have more prospective
contractors to bid on your contract. So that would be my approach.
Joanne, do you have any input on that?
MS. MARKIEWICZ: Commissioners, this is a unit price
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April 12, 2016
contract. So that I don't think staff has any problem if you agree to
waive the minor irregularity of the experience to award as a secondary
this firm.
COMMISSIONER HENNING: Right.
MS. MARKIEWICZ: But it is a unit price contract, so the prices
are already set.
COMMISSIONER HENNING: Prices are already set.
So the motion would be to waive the irregularities within our --
the bid and approve the award of staffs recommendation of the
primary and the secondary to the company who protests the bid.
MR. OCHS: It's the irregularity.
MS. MARKIEWICZ: What you're waiving is the minor
irregularity of the experience.
COMMISSIONER HILLER: How is that?
COMMISSIONER HENNING: Within the bid --
MS. MARKIEWICZ: Solicitation, yes.
COMMISSIONER HENNING: Within the bid solicitation.
COMMISSIONER HILLER: How is that an irregularity? I don't
understand.
MS. MARKIEWICZ: The staff requested that all suppliers have
at least five years of experience, and this company had just about a
year now. Just about a year of experience.
COMMISSIONER HILLER: But that's not an irregularity.
COMMISSIONER HENNING: Within the bid.
COMMISSIONER HILLER: They're non-qualified.
MR. OCHS: You're waiving that requirement.
COMMISSIONER HILLER: Right, but that's not an irregularity.
MR. OCHS: No, I wouldn't characterize it as an irregularity.
COMMISSIONER HILLER: That's absolutely not an
irregularity. I mean, what you're asking is to waive the bidding
requirement for this particular vendor. I think that's a very bad
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April 12, 2016
precedent. I mean the bid is what it is. And if they didn't qualify, they
shouldn't qualify. And if the standard is, you know, five years or three
years or whatever you determine it to be, I don't see why you would
waive it.
COMMISSIONER HENNING: Let me ask you, Commissioner,
how do you get experience?
COMMISSIONER HILLER: That's not the issue.
COMMISSIONER HENNING: Well, yeah, it is.
COMMISSIONER HILLER: You know, what are you going to
do, tell the state, okay, let's not have any experiential requirements and
just -- because we want to promote business it doesn't matter that
you've never done anything, we're going to hire you nonetheless? I
mean, that's -- I'm sorry, it's illogical.
COMMISSIONER HENNING: It's not the state, okay, it's within
staffs requirements to have five years' experience. And I'm saying, I
mean, the person --
COMMISSIONER HILLER: They explained --
COMMISSIONER HENNING: -- we're giving it to has had this
contract for how many years?
MS. MARKIEWICZ: They --
COMMISSIONER HENNING: For a number of years.
MS. MARKIEWICZ: They assumed the contract. They were
secondary and they also assumed that, because the primary didn't have
the kind of experience required.
COMMISSIONER HENNING: Right. So -- and you only had
three bidders, right?
MR. WILKISON: That's correct.
COMMISSIONER HENNING: So what's going to happen down
the road? Are you going to have any bidders because nobody has any
experience?
MR. WILKISON: Well, you know, they can get experience by
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April 12, 2016
working for the state doing state road type striping. They can get
experience working on the private side, private roads. I mean, it's akin
really almost to, you know, when I had my own small engineering
company many years ago and I wanted to work for the county and I
really didn't have the experience to do that so one of the things that I
did is I teamed with bigger firms as a sub-consultant and gained that
experience so I could build that resume so I could apply later for
county work.
COMMISSIONER HENNING: Okay. Well, if there's no second
to my motion then I'll --
COMMISSIONER NANCE: What's the motion?
COMMISSIONER HENNING: Well, the motion is to award a
primary to the company who received the best scoring and award the
other company as a secondary to the contract.
COMMISSIONER NANCE: I'll second that.
Were they the second highest bidder? Second lowest?
MR. WILKISON: They were second lowest. Yes, they were.
COMMISSIONER NANCE: So that's just a secondary in case
the primary can't fulfill their obligations; is that right?
MR. WILKISON: That is correct, sir.
COMMISSIONER NANCE: Are there any requirements by
FDOT for putting striping on state facilities?
MR. WILKISON: Three years' experience as of last year.
COMMISSIONER TAYLOR: Is it three years or five years?
MR. WILKISON: Three years.
COMMISSIONER NANCE: Three years. So our requirements
are five?
MR. WILKISON: That's correct.
COMMISSIONER NANCE: And their requirements are three?
MR. WILKISON: That's correct.
COMMISSIONER NANCE: That would put us with a bidder
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April 12, 2016
then that could not perform, and under no circumstance are they going
to do anything on a state road?
MR. OCHS: They don't have three years.
COMMISSIONER NANCE: No, I understand that. But, I mean,
are we in a situation where we would have our contractor requested to
do something on a state facility or does the state strictly do that? I'm
just trying to figure out if we're going to end up with a vendor here that
can't do the wo-- some of the work we need done.
MR. WILKISON: The vendor that we've had has been able to
perform and do the work.
COMMISSIONER NANCE: I understand that. But if we make
this person a secondary vendor, then they would not be able to do work
on a state facility should we need that done; is that correct?
MR. WILKISON: That's correct.
COMMISSIONER NANCE: Well that's not going to work.
COMMISSIONER HENNING: They would do it on the county
roads.
COMMISSIONER NANCE: They'd do it on the county roads.
COMMISSIONER HILLER: But they're not even qualified
under the county standards.
COMMISSIONER NANCE: Yeah, I understand that.
COMMISSIONER HILLER: They're non-qualified --
COMMISSIONER NANCE: I'm going to withdraw my second
then. That's too complicated for me.
COMMISSIONER HENNING: Okay. Well, then I'll withdraw
my motion so we can move it along.
COMMISSIONER TAYLOR: Well, why is the county's
standards higher than the state?
MS. MARKIEWICZ: Commissioner, there's a few reasons.
Historically our primary and secondary hasn't been able to fulfill with
the three-year requirement, so we moved it up this year.
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April 12, 2016
Secondly, this contract has ebbs and flows. There's uptimes and
downtimes. So we need a contractor who will be able to mobilize very
quickly, especially if the state turns over a road. So we were looking
for a contractor with much more experience.
COMMISSIONER TAYLOR: Okay, thank you.
MR. OCHS: If you would like us to change that experience
requirement in future contracts, certainly you can direct that. I'm a
little concerned about changing it --
COMMISSIONER TAYLOR: For this.
MR. OCHS: -- right now on this solicitation.
COMMISSIONER TAYLOR: I mean, I'm not the expert here. I
consider staff. You know, I may not agree with it, but staff-- staff
needs to do their job, that's one thing that has to -- you know, there's no
off with their head because I don't disagree with you -- or I disagree
with you.
CHAIRMAN FIALA: So you want to make a motion?
COMMISSIONER TAYLOR: I make a motion to approve the
agenda item as submitted, which means to accept the --
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay, I have a motion and a second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good, thank you, that's a 5-0.
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April 12, 2016
Item #11D
AUTHORIZE DIVISION OF EMERGENCY MANAGEMENT TO
PURCHASE FOOD AND DRINKS FOR THE FLIGHT CREW AND
SUPPORT PERSONNEL FROM THE NATIONAL HURRICANE
CENTER DURING THE PUBLIC AIRCRAFT STATIC DISPLAY
AT THE NAPLES AIRPORT — APPROVED
MR. OCHS: Commissioners, that takes us to Item 11.D, which
was previously 16.E.5 on your agenda. And this was a
recommendation to authorize our Division of Emergency Management
to purchase food and drinks in an amount not to exceed $500 for flight
crew and support personnel from the National Hurricane Center during
the public aircraft static display at the Naples Airport.
And Commissioner Taylor and Commissioner Fiala separately
had moved this item to the regular agenda.
COMMISSIONER TAYLOR: Unbeknownst to each other, we
are so excited about this. Isn't it?
CHAIRMAN FIALA: That's exactly what I wanted to do too,
was I wanted to crow about that.
COMMISSIONER TAYLOR: I know, I know. The hurricane
planes are coming here. We're going to be able to go out to the airport
and see these planes that fly in the eyes of hurricanes. How
extraordinary.
CHAIRMAN FIALA: It's only one day that they're going to be
here, right?
MR. SUMMERS: Yes, ma'am.
CHAIRMAN FIALA: You want to tell us all about it?
COMMISSIONER TAYLOR: So yes, come on now.
MR. SUMMERS: Well, briefly.
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April 12, 2016
Good afternoon. For the record, Dan Summers, Director of
Bureau of Emergency Services and Emergency Management.
I have -- as you know, part of my job is to make sure that we're
lockstep with the National Hurricane Center. And in a previous life up
in North Carolina we had the opportunity to have the hurricane hunter
aircraft come and do a static display.
We put our name in the pot this year and won that. There's only
five visits that they'll be making this year. They'll be bringing -- they
scheduled right now to bring all three aircraft, which is the C130, the
P3 Orion and the Gulf Stream.
There will be a flight crew of about 40. That will include Dr.
Knabb from -- the Director of the Hurricane Center. The researchers
will also be there. And we have a very large goal to try to get 500
students through those aircraft that day as well as hopefully you all will
come out that day and enjoy the tour, have a quick media conference
with the National Hurricane Center, meet the pilots and have a little
meet and greet opportunity.
There are no food and beverage services at the Naples
commercial terminal where we'll be. This is an enormous investment
by the National Weather Service, and I'd be very honored if you would
allow us to give that flight crew who can't leave their aircraft a snack
there during the day.
Some of those aircraft will return. One of those aircraft crews
will be overnighting in Naples but it will be a very terrific venue for us
to promote the aircraft, the research and hurricane preparedness.
CHAIRMAN FIALA: Exciting. Very exciting.
COMMISSIONER TAYLOR: It is very --
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Mr. Summers, how many of you
have that hat?
MR. SUMMERS: The hat?
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April 12, 2016
COMMISSIONER NANCE: Yes.
MR. SUMMERS: The hat from the aircraft you're referring to?
COMMISSIONER NANCE: That's right.
MR. SUMMERS: I have a number of the patches. I don't have
the hat.
COMMISSIONER NANCE: That's right.
MR. SUMMERS: Although I think some of them should have
my name on them.
CHAIRMAN FIALA: Would you tell us about the hat?
COMMISSIONER TAYLOR: What's the hat?
COMMISSIONER NANCE: I have one of those hats. I think I
was up in a Lockheed Electra. They may not even use that plane
anymore. But that's a pretty terrorizing experience.
COMMISSIONER TAYLOR: Flying into a hurricane?
COMMISSIONER NANCE: Yeah. A hurricane is not fast
compared to an airplane. Everybody thinks I'm going into a hurricane.
It's 200 miles an hour.
COMMISSIONER TAYLOR: You're flying into a hurrica-- you
can rationalize --
COMMISSIONER NANCE: An airplane flies --
COMMISSIONER TAYLOR: -- it any way you want.
COMMISSIONER NANCE: -- you know, 500 miles an hour but
they just have to not break in half when you go into --
CHAIRMAN FIALA: That's all, okay.
COMMISSIONER NANCE: It's a little thing that they need to
have happen.
Anyway, thank you, sir, for arranging this. Outstanding.
MR. SUMMERS: Thank you for your support.
COMMISSIONER NANCE: It's -- you know, those guys are,
you know, they're pretty tough people. That's not a flight I'd like to
make again, I can tell you that for certain. But I'll bring you the hat
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April 12, 2016
next time, you can --
MR. SUMMERS: All right. Very good, we'll do some trading.
Thank you very much.
COMMISSIONER NANCE: Thank you, sir.
CHAIRMAN FIALA: Would you tell the audience, I'm sure that
people are sitting here with baited breath, wondering when it's going to
be, what time and where they can see these airplanes.
MR. SUMMERS: May 20th. It's Friday at the Naples
commercial airport -- commercial terminal off North Drive. We will
get those hours out in a news release, but it will be sometime likely
between 10:00 and 4:00 in the afternoon.
We are waiting on -- the aircraft will be coming in from Biloxi
that morning. We've got to get one commercial flight out of the way
so that we can commandeer the tarmac. And we're going to get the
students through there. And the students are going to have tours, mini
lectures, static display. We're going to have some of our response
partners out there as well.
So it's going to be a very quick kind of a cueing process and
certainly invite our local media to meet with aircraft crew and
representatives from the National Hurricane Center.
So May the 20th from about 10:00 to 3:00, 10:00 to 4:00, in that
neighborhood, and we'll get more information out as that -- those time
windows get confirmed.
COMMISSIONER NANCE: Mr. Summers, they still have the
caches from the storms on the planes, don't they?
MR. SUMMERS: They do. They do. It's just really neat.
COMMISSIONER TAYLOR: I'd like to make a motion that we
are definitely going to buy them lunch.
CHAIRMAN FIALA: I agree, I'll second that motion.
MR. SUMMERS: Very good, thank you.
CHAIRMAN FIALA: Okay, we have a motion on the floor and a
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April 12, 2016
second. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Good, 5-0.
MR. OCHS: Thank you, Commissioners. And let me just
congratulate Dan Summers and thank him for his efforts in this regard.
I think it's not a coincidence that based on the experience and the
reputation that Dan has across the country and the industry that our
location was one of those chosen to host this event, so we appreciate --
COMMISSIONER NANCE: That's way cool.
Item #9A
ORDINANCE 2016-09: AMENDING ORDINANCE NO. 2004-41,
AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURE (A) ZONING DISTRICT TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
FOR THE PROJECT TO BE KNOWN AS THE ABACO CLUB
RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 104
RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED
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April 12, 2016
AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND
WOODCREST DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 15.9 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE
— ADOPTED W/STORMWATER STIPULATIONS
MR. OCHS: -- your efforts, Dan.
Commissioners, that takes us to your advertised public hearings.
Your first item is 9.A on this afternoon's agenda. This item does
require all participants be sworn in and ex parte disclosure be provided
by Commission members.
It's a recommendation to approve an amendment to the Collier
County Land Development Code and the Comprehensive Zoning
Regulations by amending that zoning classification from a rural
agricultural zoning district to a residential planned unit development
zoning district for the project to be known as the Abaco Club RPUD,
to provide for construction of a maximum of 104 residential dwelling
units for property located at the southwest corner of Immokalee Road
and Woodcrest Drive.
THE COURT REPORTER: All those speaking today raise your
right hand, please.
(All speakers were duly sworn.)
CHAIRMAN FIALA: And Commissioners, we'll start with
Commissioner Henning. Do you have any ex parte to declare?
COMMISSIONER HENNING: Yeah, I spoke to staff on this
item, I watched the Planning Commission meeting, briefly spoke to
Bruce Anderson and one of the Planning Commission members.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: I reviewed this project with staff
and reviewed the material provided.
CHAIRMAN FIALA: Very good.
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April 12, 2016
Commissioner Taylor?
COMMISSIONER TAYLOR: I spoke with Mr. Anderson about
this project and spoke to staff about this project and a Planning
Commissioner member.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: I've had meetings with Mr.
Anderson, meetings with staff and read the report. Nothing else.
CHAIRMAN FIALA: Very good. And I had also -- I met with
staff and I also talked with Bruce Anderson.
Okay, we can move forward.
MR. ANDERSON: Thank you very much.
COMMISSIONER NANCE: Motion to approve.
CHAIRMAN FIALA: Second -- I mean, do I hear a second? Do
I hear a second from anybody? No?
COMMISSIONER HILLER: Yeah, I'll second it.
CHAIRMAN FIALA: Okay, I have a second.
Bruce, I don't know, maybe nobody wants to hear a whole
presentation.
Commissioners, we have a motion and a second -- oh,
Commissioner Henning, we have his light on. You light up my life.
Go ahead.
COMMISSIONER HENNING: This is already an existing PUD,
correct?
MR. ANDERSON: No, sir.
COMMISSIONER HENNING: It's not?
MR. ANDERSON: No, sir.
COMMISSIONER HENNING: So it's within the activity band to
-- you're asking for I think 6.5 units per acre?
MR. ANDERSON: 6. -- yes.
COMMISSIONER HENNING: 6.5?
MR. ANDERSON: Yes, sir.
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April 12, 2016
COMMISSIONER HENNING: On a 12-acre site?
MR. ANDERSON: No, 15.96, I believe it is.
COMMISSIONER HENNING: Does that include the water
retention --
MR. ANDERSON: Yes, it does.
COMMISSIONER HENNING: -- area that the county is using
for the expansion of Immokalee Road?
MR. ANDERSON: Yes, sir.
COMMISSIONER HENNING: And it's going to be two stories,
I believe?
MR. ANDERSON: Yes, sir.
COMMISSIONER HENNING: And the Planning Commission's
concerns were the deviations.
MR. ANDERSON: Couple of them, as I recall.
COMMISSIONER HENNING: Two commissioners.
MR. ANDERSON: Yeah.
COMMISSIONER HENNING: Two commissioners about the
deviation.
MR. ANDERSON: Yes, sir.
COMMISSIONER HENNING: And total deviations of what,
eight?
COMMISSIONER TAYLOR: Nine.
COMMISSIONER HENNING: Nine deviations?
MR. ANDERSON: One of them was dropped of the nine, the
one about internal directional signs.
COMMISSIONER HENNING: Yeah, that's -- I don't know. The
external sign, or the marquee sign, I didn't get a chance to see that in
the review from the Planning Commission. The architectural
embellishment is what makes the sign so big?
MR. ANDERSON: Well, it's the face of the sign. Let me -- may
I show you some examples?
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April 12, 2016
COMMISSIONER HENNING: Yeah, put them on the viewer.
MR. ANDERSON: That's an example of the size of sign face
that we are asking for.
COMMISSIONER HENNING: It's the other things that -- the
lights and like the bricking on the side is why you have to have a
deviation?
MR. ANDERSON: No, sir, it's just the actual sign part where the
words are, not the decorative stuff around it.
COMMISSIONER HENNING: Okay. What's your other
example?
And that's the same thing as the -- it's not the architectural
embellishments, it's the lettering itself?
MR. ANDERSON: Yes, sir.
COMMISSIONER HENNING: Okay. Although I think that
Commissioner Saad brought up some very good points on his -- and by
the way, I think he's a great addition to the Planning Commission.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER HENNING: My real concern is, and it's not
in the backup material, is the traffic impact. And it's reviewed by the
county. From what I saw, if I recall right, you're saying that 10
percent's going to go down Woodcrest, 10 percent of the traffic?
Where's your transportation guy?
MR. ANDERSON: Mr. Banks?
MR. BANKS: For the record, Jim Banks.
Yes, that's correct, Commissioner Henning. 10 percent down
Woodcrest, when the Woodcrest and Massey connection is completed.
So we're looking at the long-term completion of that conditions.
COMMISSIONER HENNING: Pending permits. So I think it's
within the five-year plan they can --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: -- consider that?
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April 12, 2016
There's another, what is it, 35 percent, 38 percent you're
considering going -- tell me the percentage that's going down Collier
and the rest of them going in Immokalee Road.
MR. BANKS: Okay, we've got -- when Massey and Woodcrest
is complete, we're estimating that 10 percent of our traffic will travel to
and from the site from the south, 10 percent to and from the east out
towards like Orange Tree, and then 80 percent would be on Immokalee
Road between Woodcrest and 951. And then west of 951 we're down
to 35 percent of our trips would travel to and from west to the west of
Collier, and then south on Collier we have 35 percent.
And then we had a certain amount of-- we had 10 percent of
absorption of our trips right there at the Publix shopping center and the
hospital and all that new commercial district that's going in there.
COMMISSIONER HENNING: Well, that's going down Collier
Boulevard now.
MR. BANKS: That's correct. They would make the turn and go
into Publix. And again, it's only 10 percent of our trips that we're
estimating to the Publix and to the commercial on the north side of the
intersection as well.
COMMISSIONER HENNING: So the people going down
Collier Boulevard, what is their destination?
MR. BANKS: Just further south. Somebody that may be
working downtown Naples.
COMMISSIONER HENNING: Why wouldn't they take
Woodcrest?
MR. BANKS: Well, we have 10 percent -- Woodcrest and
Massey's not going to be like a major thoroughfare, but it will function
as a collector, but it's going to be two-laned. We suspect that most
people will think that the fastest route would be on the major arterials
which is Immokalee and 951. Some folks, you know, may decide to
use Woodcrest and Massey. But we just don't think it's going to be the
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bulk of the people that get up in the morning, heading downtown
Naples are going to take that route. Some folks might.
COMMISSIONER HENNING: Okay. Well, explain to me,
knowing that that intersection's going to fail, and it's very busy now,
why wouldn't they take Massey to avoid that?
MR. BANKS: Which intersection, Woodcrest and Immokalee?
COMMISSIONER HENNING: Well, now Woodcrest to Tree
Farm.
MR. BANKS: Well, that road is going to be posted at 35 miles
per hour. So you can either travel two miles south on a road that's
posted 35 miles per hour or you can turn out on Immokalee which is
50 and 45 and then get on 951 which is 45 and 50 miles an hour. So
your travel speed is much quicker.
Perfect example is I live in the Estates, and my parents live out at
Orange Tree. And I have the choice of either going down Golden Gate
or up Wilson, which is lower posted speed limits, or I can take 951 and
Immokalee. And I always choose 951 and Immokalee, because it
might be -- it's about the same distance, but my travel speed is much
greater. So I can actually travel from my home to my parent's home in
a quicker rate of speed than I can going the other route.
COMMISSIONER HENNING: Yeah, but the traffic impacts are
different than your scenario.
Did staff take a look at the --
MR. BANKS: They did. They did review the --
COMMISSIONER HENNING: Who's here from transportation
that can address that? Because what I saw in the report, they analyzed
the traffic from Collier Boulevard going east on Immokalee Road. Hi.
MR. SAWYER: For the record, Mike Sawyer, Transportation
Planning.
We did review the TIS. Basically what we actually principally
looked at was the overall number of p.m. peak trips that the project
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was going to develop, which is 62 two-way p.m. peak trips, which is,
lack of a better term, it's just our rush hour in the evening. Because
that's when we vet most of the traffic on the road system.
COMMISSIONER HENNING: Mike, can you stop?
MR. SAWYER: Yeah.
COMMISSIONER HENNING: So these people would be going
back home; is that correct?
MR. SAWYER: Correct.
COMMISSIONER HENNING: All right. So where are the --
so where are the impacts -- what are the impacts on Collier Boulevard?
What are the impacts on Immokalee Road west of Collier Boulevard?
Did you take a look at that?
MR. SAWYER: Yeah, we looked at all of the various links from
this development going whichever way it, you know -- from a number
of different directions.
COMMISSIONER HENNING: Can you show me those impacts
on -- I'm not concerned about traffic going to -- coming from the east,
because traffic patterns in that area are not coming from the east,
they're coming from the west. That's what I'm interested in.
And what's the level of service on Immokalee Road west of
Collier Boulevard? And how does that impact that?
MR. SAWYER: If you actually look at that, the actual impact in
that segment would be .46.
COMMISSIONER HENNING: Show me that. .46 what? .46
percent.
MR. SAWYER: Yes.
COMMISSIONER HENNING: And so you have a -- you have
to have a percentage of capacity there. What's your percentage of
capacity?
MR. SAWYER: .46 percent.
COMMISSIONER HENNING: No, those are the impacts.
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MR. SAWYER: Correct. And the way that we look at impacts
are that we consider basically going out from a project, we look at their
direct impacts on a two, two, three percent basis. So in other words, to
have a significant impact on the first segment out of the development
would be two percent, the next segment two percent and then --
COMMISSIONER HENNING: We said p.m. impacts. So
they're coming home. They're coming home. They're not coming out
of their community, correct?
MR. SAWYER: Principally. But we are looking at both -- we're
looking at two-way trips. So we're looking at both trips into the
development and out of the development. Because not all of your trips
are going to be into the development in the evening. A lot of us go
home and then we also go someplace else also.
So you do have both directional trips. That's why we look at both
two-way trips.
COMMISSIONER HENNING: Okay. Where's the impacts --
I'm mostly interested in Immokalee Road, impacts west of Collier
Boulevard. Where is that?
MR. CASALANGUIDA: Commissioner, it's seven p.m. peak
hour trips heading eastbound. It's the 43.2 link, Logan Boulevard to
CR 951. And the service capacity of that is 3,200 trips.
It would be helpful for the Commissioner if one of you guys
could show him the remaining capacity.
COMMISSIONER HENNING: Yeah, what's the remaining
capacity?
MR. BANKS: We will.
And just for the record again, Jim Banks.
What we're talking about is peak direction. So the 3,200 capacity
that Nick referred to is the actual peak hour peak direction. So we are
looking at the impacts on the eastbound trips in the p.m. peak hour.
And I think that was your point of concern.
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So we are looking at this project's impacts as their -- as the
project's trips are coming home in the evening, we're looking at that
impact and how it affects eastbound traffic flow on Immokalee Road.
COMMISSIONER HENNING: I just want to know what the
answer is. If you have -- I mean, the level of service is E. You have to
have adequate capacity available for the impacts of this community.
What are they?
MS. SCOTT: Commissioner Henning, to answer your question --
for the record, Trinity Scott, Transportation Planning Manager.
The Immokalee Road segment from Logan Boulevard to Collier
Boulevard, according to the 2015 AUIR, has 713 remaining trips.
COMMISSIONER HENNING: And these -- how many -- and
the impact of this one is 16?
MR. CASALANGUIDA: Seven.
COMMISSIONER HENNING: Seven, okay.
Well, the -- that's my biggest concern is I know the problem that
we have on Immokalee Road. By approving more density on there I
think is ludicrous unless it can show that there is the capacity if you got
700, which is not that much, on that road segment. That's what my
interest is.
As far as the deviations, they're -- I mean, they're nothing.
However, I think Commissioner Saad stated it correctly, why are we
doing all these deviations? Either change the code or have a very good
reason for the deviation of the code.
So, I mean, I can support the petition.
CHAIRMAN FIALA: Okay, Commissioner Taylor?
COMMISSIONER TAYLOR: Okay, thank you.
Deviation three, the -- which is a request for a manufactured
home, model home and sales center which is normally three years,
why are you asking for five? The deviation would be two years.
MR. ANDERSON: The request is for the ability to maintain the
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model units and sales center for that extra length of time without
having to spend the money and go through a conditional use process to
get an extension. We feel that this time frame is reasonable, based on
the number of units and an introduction of a new multi-family
community in this area. And it's also one that is frequently requested
and frequently granted.
COMMISSIONER TAYLOR: Is it? Mr. Bosi?
MR. SMITH: Hi. Daniel Smith, Principal Planner.
Based on the past PUD approvals, that's common. Just the
developments take a little bit longer than three years, so that way they
don't have to come back in and get another permit.
COMMISSIONER TAYLOR: Thank you for that.
And then the other one would be deviation four, which is
increasing, the way I read it, the height of the sign 100 percent or
more, from three feet to eight feet. I mean, I -- is that where we really
want to go?
MS. CRESPO: For the record, Alexis Crespo with Waldrop
Engineering.
This is also something that we commonly ask for, for really those
grand opening events at the communities. They are subject to very
specific time limitations in the temporary signs permitting process.
And it would allow for a banner type flag to be flanking the
entrance to the community and just draw attention, again the grand
opening event, the model grand opening, et cetera.
COMMISSIONER TAYLOR: No, I know the reason on your
part. I'm just -- is that marketing part of what we as a commission
need to grant a deviation for? That's my struggle with that one.
I guess I need to hear again, is this common to ask for this
deviation?
MR. SMITH: Daniel Smith, Principal Planner.
Yes, it is.
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COMMISSIONER TAYLOR: So now we've got some
deviations that other people are using and then rightfully so the
petitioner feels that they can ask for it also but there's still deviations.
Isn't it time we take a look at our LDC and decide whether we want to
keep granting deviations or maybe looking at what we're doing with
deviations? I'm not so sure -- if we've got a code and people spent time
with it, why are we not enforcing it? And if we're granting deviations
because everybody else is getting deviations then there's something's
missing here. So I guess I need rationale with this.
MR. BOSI: Mike Bosi, Planning/Zoning Director.
Within our code when we adopted the utilization of planned unit
developments we recognized that land use codes and land use
regulations are static and they apply to the vast majority of cases that
come before them. But because they don't provide for flexibility, that
there's opportunities and need to provide for a deviation process within
the planned unit development process.
It's established, it's codified that the deviation process is contained
within the process of requesting a planned unit development. We do
ask individual developers to provide the specific reasons why they are
seeking the deviation and we say each deviation is supposed to stand
upon itself and be unique to the circumstances that are contained
within the individual requests.
We've put a renewed emphasis with the dialogues to the
applicants to provide for more justifications with those deviations.
With that said, we do find a commonality within a number of the
landscape and the signage deviation requests, and there most certainly
can be some reanalysis and some -- in terms of what is appropriate,
what has been the common request that we've seen repeatedly and
maybe engage the Planning Commission to see should that be our new
standard.
But I offer that caveat with the expression of what we said before,
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we have a Land Development Code staff of three that is very engaged
with a vast number of projects right now. We could put it on the list
but that list in that queue is very deep and very long. So I'm not sure
what time, based upon the resources we have within the limited staff
that we have, as to when this could be on the queue.
And each time that we have a cycle of amendments, we provide
the Board of County Commissioners their individual review. And you
can make that a priority that you want to see. But as it comes down to
it and as you see it every time we have the Land Development Code
request that comes before the Board, there's a long list of areas that
need to be examined by our code and the resources that we have
available are somewhat limited.
So with that, we do recognize that there are some opportunities to
maybe evaluate, especially the ones that we see on a repetitive basis
from each individual PUD request.
And another portion tends to be the right-of-way within private
developments tends to be a common one as well.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: One more question.
Bruce, the deviation for the preservation of-- I don't have a
problem with it. But where are you -- what are you going to do as far
as making up the preservation standards off-site?
Alexis, just come up there and tell me.
MS. CRESPO: Again for the record Alexis Crespo.
We would comply with the Land Development Code. It's
currently being reviewed and they're looking at the off-site mitigation
program per action the Board took in March.
We could either purchase lands and donate those lands to
Conservation Collier with a maintenance fee or we could pay a
payment in lieu of preservation and go about it that way. So we would
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identify that by the time of the Site Development Plan approval.
COMMISSIONER HENNING: But also you have the ability I
think to give land to other agencies, DEP or --
MS. CRESPO: I believe that's an option through the
Conservation Collier program for off-site mitigation.
COMMISSIONER HENNING: But you're going to be
specifically looking at purchasing for Conservation Collier or donation
in lieu of.
MS. CRESPO: Correct.
COMMISSIONER HENNING: Okay, great.
COMMISSIONER TAYLOR: I do have one more -- oh, no,
Commissioner Hiller was first.
CHAIRMAN FIALA: Okay, well first we have Commissioner
Hiller and then you.
COMMISSIONER HILLER: I just want to address the issue of
deviations, because it does come up regularly. And a deviation is not a
reason to deny if their deviation is justified, reasonable and should be
granted. These decisions are not supposed to be like cookie cutter
decisions.
But I do know that staff does look to the history of deviations and
does do what Mr. Bosi says and that is to periodically evaluate if you
repeatedly see the same request coming up and the same request being
granted, then obviously it means that the code needs to be updated.
And we do that very often now. We were doing it less frequently in
the past, we had strict cycles, but now we've given staff more
flexibility to address those issues and be responsive to the change in
demand and the change in need as a result.
So I do have a concern about the no votes, merely because there
are deviations. I think that's very problematic and shows a very
inflexible approach to getting things done.
And I'm not saying that is what you're doing, Commissioner
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Taylor, I'm just saying just generally as a matter of course I think that
our advisory board needs to keep that in mind. And they have in the
past. But I just want to make sure that the right mindset prevails.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: I always get a little worried when
we hear about the right mindset when we start reviewing plans. It
always gives me pause to think about what is the right mindset. The
right mindset according to Commissioner Taylor, the right mindset
according to Commissioner Hiller or Commissioner Nance?
I appreciate all of us speaking our mind and having that -- those
ideas respected. And having the courage, even though they may be in
the minority, to keep speaking their minds, I think that's -- and
bringing their talent to the Board and the decision-making.
But I just needed one confirmation. On deviation number nine,
and that is you are withdrawing that, right? It's denied by staff and you
MR. ANDERSON: No, staff wound up recommending going
along with that, as did the Planning Commission.
It's deviation number five about the internal traffic signs that was
deleted.
COMMISSIONER TAYLOR: Okay, so -- and I must have
something that's not quite as current.
With this -- so staff is agreeing that there should be no buffer?
MR. ANDERSON: The -- we're going to have --
COMMISSIONER TAYLOR: The development and --
MR. ANDERSON: This deviation came about as a result of the
request of the neighboring property, Bent Creek PUD.
COMMISSIONER TAYLOR: Okay.
MR. ANDERSON: So -- and that's why it's there.
COMMISSIONER TAYLOR: Then I'm really okay with that.
I'm really okay with that. Okay, very good.
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CHAIRMAN FIALA: So do we have a motion on the floor and a
second? Did I --
MR. OCHS: Ma'am, I'm sorry to interrupt. We do have one other
item that needs to be addressed here.
COMMISSIONER HILLER: I want to answer Commissioner
Taylor. Can I --
MR. ANDERSON: Staff has asked that this additional paragraph
relating to maintenance of stormwater pond be added to the PUD, and
we have no objection to that.
CHAIRMAN FIALA: Okay.
Commissioner Hiller?
COMMISSIONER HILLER: Yes, I want to respond to
Commissioner Taylor's question about what the right mindset is.
The right mindset is respecting that the code does have a
provision that allows for deviation and that with evidence that supports
the reasonableness of the deviation request, that should be properly
considered and not take the position that merely because it's a
deviation, regardless of the reason for the deviation as supported by the
evidence, that it should be denied, that the petition should be denied.
And that's what I mean by it's a matter of what the code provides and
fairness and evidence.
CHAIRMAN FIALA: Was there a motion on the floor?
COMMISSIONER HILLER: Yeah, and a second.
COMMISSIONER NANCE: Yes, I made a motion for approval.
I'd like --
COMMISSIONER HILLER: I seconded it.
COMMISSIONER NANCE: -- to make one last statement --
CHAIRMAN FIALA: All right.
COMMISSIONER NANCE: -- and then I'd like to ask for the
Commission to vote.
COMMISSIONER HILLER: I seconded your motion.
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COMMISSIONER NANCE: Yes, ma'am.
Flexibility in these cases is good. Sometimes a deviation is for the
benefit of a circumstance that the neighbors might want. Deviations are
not only made available to benefit the petitioner. There needs to be a
certain amount of leeway.
And I think in a lot of cases we've had conflicts between
conflicting uses where we've been very happy to have those. And, you
know, I'm not upset that people look at the deviations, but please,
Commissioners, examine how many levels of people we have looking
at them. We have a petitioner making a suggestion, we've got public
involvement meetings where the public and the neighbors get a chance
to look at it, we've got the Planning Commission who's our most
trusted advisory board looking at it, and then ultimately if it doesn't
pass muster it comes before the Board of County Commissioners.
So having those -- that flexibility available in my view is really
good. I would counsel against stripping flexibility out of our Land
Development Code. I think there is a need and I think it's
demonstrated over and over again.
So with that said, I appreciate everybody's dedication to it but I
would like to call the question.
CHAIRMAN FIALA: All in favor --
COMMISSIONER NANCE: With the addition of the staff
requested item. I'd like to change my motion to add that staff
recommended language.
COMMISSIONER HILLER: I amend my second.
CHAIRMAN FIALA: Okay, the motion has been changed and
accepted by the second.
Okay, all in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
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April 12, 2016
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Okay, very good.
MR. ANDERSON: Thank you very much.
MR. OCHS: Madam Chair, that takes us to Item 9.B. This is an
item that requires ex parte disclosure be provided by Commission
members and all participants are acquired to be sworn in.
COMMISSIONER HILLER: Leo, we have a time certain at 2:00
and 2:30.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: But I have no problem. I don't
know how long this is going to take. I don't mind if my time is moved
to, you know, 2: 15 or 2:20. I don't need a great deal of time to state
what I have to state.
MR. OCHS: Thank you, ma'am. Based on what I've read, I don't
anticipate a lot of controversy on this.
CHAIRMAN FIALA: I don't think so either.
COMMISSIONER HILLER: Okay, that's fine.
Item #9B
ORDINANCE 2016-10: AMENDING ORDINANCE NUMBER
2014-24, THE BUCKLEY MIXED USE PLANNED UNIT
DEVELOPMENT, TO ADD SINGLE FAMILY DETACHED
DWELLINGS AND TWO-FAMILY, DUPLEX DWELLINGS AS
PERMITTED USES IN THE RESIDENTIAL COMPONENT OF
THE PUD, TO ADD A MASTER PLAN FOR RESIDENTIAL
DEVELOPMENT AS AN ALTERNATIVE TO A MIXED USE OR
ALL COMMERCIAL DEVELOPMENT, TO ADD DEVIATIONS
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TO ALLOW MORE SIGNAGE AND TO ALLOW DEAD-END
STREETS. THE SUBJECT PROPERTY IS LOCATED AT THE
NORTHWEST QUADRANT OF THE INTERSECTION OF
AIRPORT-PULLING ROAD (CR 31) AND ORANGE BLOSSOM
DRIVE IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 21.7+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE — ADOPTED
MR. OCHS: Thank you.
This is an ordinance amending Ordinance No. 14-24, the Buckley
Mixed Use Planned Unit Development, to add single-family detached
dwellings and two-family duplex dwellings as permitted uses in the
residential component of the PUD; to add a master plan for residential
development as an alternative to a mixed use or all commercial
development; to add deviations to allow more signage and to allow
dead-end streets.
So it would be appropriate to swear the participants and then take
ex parte.
CHAIRMAN FIALA: Could we do that first, right, and then
we'll -- would you like to swear them --
THE COURT REPORTER: All those speaking on this item,
please stand and raise your right hand.
(Speakers were duly sworn.)
CHAIRMAN FIALA: Ex parte, we'll start again with you,
Commissioner Henning.
COMMISSIONER HENNING: Yeah, you know, it's interesting
to see some people come up and look like they're the dear in the
headlights. But the process is really not that bad.
I don't have any ex parte communication except for reading my
agenda packet.
CHAIRMAN FIALA: Commissioner Hiller?
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COMMISSIONER HILLER: Yeah, I've spoken to Mr.
Yovanovich about this project.
CHAIRMAN FIALA: Okay. Yes, now, for some reason mine
says -- oh, I should let you go first, Commissioner Taylor.
COMMISSIONER TAYLOR: Okay, just read the staff report
and spoke to the staff and a Planning Commission member.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes, I've spoken to staff and read
the staff report. Nothing else.
CHAIRMAN FIALA: And mine says I've had emails and staff
and meetings and staff report and a meeting with Tim Hancock and
Bruce Anderson. Were they on this before?
COMMISSIONER NANCE: That was the other one.
MR. YOVANOVICH: That was the prior PUD petition, I
believe.
CHAIRMAN FIALA: Oh, yes, when it was a different -- okay,
fine, thank you very much.
Okay, no, I have not had much of anything on at this time, thank
you.
Proceed, sir.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN FIALA: I've got a motion to approve. Do I hear a
second?
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. Does anybody have any questions?
(No response.)
CHAIRMAN FIALA: Great presentation, Mr. Yovanovich.
And with that, all in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
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April 12, 2016
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: 5-0. Good.
MR. YOVANOVICH: Thank you.
CHAIRMAN FIALA: You're welcome.
Okay, moving on.
Item #10F
DIRECTING THE COUNTY ATTORNEY AND COUNTY
MANAGER TO ENSURE COMPLIANCE WITH THE LOCAL
GOVERNMENT PROMPT PAYMENT ACT AND THE COLLIER
COUNTY PROCUREMENT ORDINANCE AS IT PERTAINS TO
THE PROMPT PAYMENT OF VENDORS — MOTION FOR THE
COUNTY MANAGER AND COUNTY ATTORNEY TO WORK
TOGETHER TO CREATE A "DISPUTE RESOLUTION" PROCESS
AS IT RELATES TO THE PAYMENT OF VENDORS AND IN
ACCORDANCE WITH THE LOCAL GOVERNMENT
PROMPT PAYMENT ACT — APPROVED
MR. OCHS: Yes, ma'am. That takes us to the 2:00 p.m. time
certain hearing. This is agenda Item 10.F. It's a recommendation to
direct the County Attorney and County Manager to ensure compliance
with the local government Prompt Payment Act and the Collier County
Procurement Ordinance as it pertains to the prompt payment of
vendors.
This item was brought forward by Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
Commissioner Fiala, may I speak to this?
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April 12, 2016
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: Thank you.
The reason I brought this forward was prompted by agenda Item
10.D that was placed by Commissioner Taylor who requested that the
Board of County Commissioners direct the County Manager to work
with the Collier County Clerk of Courts to develop a process that will
ensure prompt payment of invoices.
And it became clear to me that the process has already been
promulgated by law, and that is the process that should be followed by
the county.
And so what I did is I prepared an executive summary in effect to
remind everybody that we are governed by the local government
Prompt Payment Act and by our local Procurement Ordinance that
adopts the Prompt Payment Act, and that within the Act there is a clear
timeline in process for how payments are supposed to be made once an
invoice is received, what is supposed to happen, and also a section,
specifically 218.76, which addresses the resolution of disputes when
there is a concern that there is an improper payment request or invoice
that has been received by the county.
So what I wanted to suggest is that the Board by way of motion
direct the County Attorney and the County Manager work together to
ensure that we as the local government comply with the requirements
of the Prompt Payment Act and our Procurement Ordinance which
adopts it.
What the law says is that this is how it shall be done unless our
ordinance provides otherwise. And it doesn't.
So I don't believe that there is an alternative to this process. This
process is mandated. And I would be very concerned if we do
anything other than what the statute clearly addresses.
I included a copy of Alachua's policy with respect to this issue.
And I also, I asked staff if they could give me just a sample of vendors
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with outstanding invoices, and so I included that as well. And it's not
all the outstanding invoices. And I haven't gone into the details as to
why these invoices are over 45 days old but, you know, obviously you
see by this very small sample that it's a long list, a very long list, that
involves some very large amounts. Like there's one amount here for
140,000 related to Paradise Advertising and Marketing that has been
outstanding since November the 18th of 2015, just as one example.
And you can look at some of the other items, other invoices that have
been held up.
So I would like to ask the Board if they would accept a motion as
I provided for in the recommendation, and that is to direct the County
Attorney and County Manager to ensure compliance with the local
government Prompt Payment Act provisions and our county
Procurement Ordinance as it pertains to the prompt payment of
vendors and the resolution of disputes when it's deemed that an
improper payment request or invoice has been received.
COMMISSIONER NANCE: I'll second it for discussion.
COMMISSIONER HILLER: Thank you. I mean, it is the law.
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: I do have a --
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER NANCE: -- question.
COMMISSIONER HENNING: Yeah, on the -- on a couple of
the ones that haven't been paid, one is BUE. Is that -- what is that, that
fencing contract?
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Okay, another one here is
Golden Gate Trophy Center, recognition appreciation.
Is that the recognition and appreciation of Waste Management
employees?
MR. OCHS: I'm not sure. I'll have to look that one up.
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MS. MARKIEWICZ: Joanne Markiewicz, Procurement Director.
It's for the Solid Waste Department, sir.
COMMISSIONER HENNING: Well, I know it's solid waste.
And I know they bought some plaques to recognize one of our
contractors. Instead of managing the contract, they wanted to recognize
the employees that we're paying to do it. Is that what that's for?
MS. MARKIEWICZ: Sir, I would have to check with the
division.
COMMISSIONER HENNING: Yeah.
CLERK OF COURTS BROCK: Commissioner Henning --
COMMISSIONER HENNING: What is that?
CLERK OF COURTS BROCK: -- I can answer that question.
COMMISSIONER HENNING: Okay.
CLERK OF COURTS BROCK: The answer to that question is
yes.
COMMISSIONER HENNING: Yeah.
CLERK OF COURTS BROCK: It's not county employees at all,
it's a vendor.
COMMISSIONER HENNING: Yeah, okay.
CLERK OF COURTS BROCK: We have --
CHAIRMAN FIALA: What is your name for the record, sir?
CLERK OF COURTS BROCK: I will state my name for the
record. My name is Dwight Brock, I'm the Clerk of the Circuit Court.
I have -- we only received this last night. But I asked my staff to
run through it and to analyze the reasons for them not being paid. And
I have a copy of that for each one of you, if you would like one.
COMMISSIONER HENNING: Yeah, I would like one.
But, you know, it's amazing -- it's amazing that we don't have a
clear policy about managing contracts. I mean, here you've got one
department recognizing a contractor for doing what he's supposed to
do by buying plaques for doing their job. I mean, it's mind boggling
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why staff is -- certain departments are doing that.
I mean, this is an evergreen contract that has been going on for
decades and the same staff is saying, oh, you should approve this
renewal of contract because you never know, it's going to be a lot more
expensive. You know.
CLERK OF COURTS BROCK: Commissioner, we have been
advised by staff through the payables department in the Clerk's Office
that this would be paid not by the county. After it was submitted to us
we rejected it and they indicated to us that it would be paid by county
staff. It has not taken place yet. But that's the reason it's sitting there.
COMMISSIONER HENNING: Well, I mean, I have some other
questions about this agenda item about the Prompt Payment Act.
Why aren't you paying them, Leo?
Because the recommendation is for the County Attorney to work
with you to get these paid, right?
Why aren't you paying those? Because you don't have the
authority to do that.
MR. OCHS: You know that, sir. I don't --
COMMISSIONER HENNING: All right. So this is more of a
political item than anything else. We can't tell a Constitutional Officer
what to be doing. This is all about politics.
Jeff, are you going to work with him to make sure these are --
work with the County Manager to make sure these are paid? Are you
going to give him a pen to sign the paychecks or the checks for that?
MR. OCHS: What I read, sir, was that we were being asked to
work together on this dispute resolution process to make sure that that
is being followed according to the statute to the best of our ability.
COMMISSIONER HENNING: All right. I mean, you got some
items on here that, I mean, just first glance, that because we just got
this last night. I mean, I just started getting it this morning. They're
unlawful. I mean, where can you find a public purpose for staff to be
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buying plaques for employees that is a contractor? You can't. For
doing their job. Not only they're getting paid, but we're going to give
you an award for doing your job. Where is the public purpose in that?
Tell me, Commissioner Hiller.
COMMISSIONER HILLER: Oh, it would be my pleasure.
The subject matter of this executive summary is not an analysis of
what's over 45 days but rather an example that there are a lot of
invoices that have not been resolved and it's well over 45 days, and
that the Prompt Payment Act has a procedure regarding the resolution
of disputes that sets out a time frame where at some point there has to
be a cut-off
And by the way, this statute, since it is very specific and says
unless it's modified by ordinance, doesn't seem to allow, oh, we're
doing an internal audit on this particular invoice to delay the time
requirements of the statute.
The point is we've got things that have been pending for months,
and a final decision has to be made. If the pre-audit reveals that it is
not legal and it should not be paid, then we and the vendor both need
to be made aware of that and that matter needs to be closed and the
vendor shall not be paid.
We're not here to analyze each one of these. This is merely to
show how many -- just a small sample of invoices that are over 45
days.
There is a statute that clearly provides what the process is. It
says, you know, how many days after receipt of the invoice that the
vendor shall be notified that for whatever reason their invoice is
improper, that in writing we shall indicate what the corrective action is
on the part of vendor in order for the payment request to be properly
processed. I mean, it's all very clearly laid out here. And I don't believe
that what the statute requires is happening.
The Clerk is acting as the Clerk to the Board, acting as our agent
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in this matter.
And one of the things I would like the County Attorney and
County Manager to evaluate is whether or not the Clerk is the one who
makes the final decision that no, there shall be no payment, or is it the
Board that shall make that final decision based upon information
provided by the Clerk? And I think we need clarification on that.
But as it stands right now we have issues that go beyond the
timelines provided for by statute that are not being properly addressed.
I mean, the framework is laid out for us. We're not here to reinvent the
wheel. We're here to do what the law says, and I don't believe that's
happening.
CLERK OF COURTS BROCK: Madam Chairman, may I
respond?
COMMISSIONER HILLER: Of course.
CLERK OF COURTS BROCK: May I respond? Thank you.
To begin with, I don't think there's any question who makes the
ultimate decision to make the final payment. Cases are clear,
everything is clear, Florida Statute is clear that I will not sign a check
until such time as the Clerk of the Circuit Court has determined the
request is lawful.
Having put that aside, the statute that we were referring to, which
is the Prompt Payment Act, we are fully aware of the Prompt Payment
Act. And the Prompt Payment Act doesn't say when you receive an
invoice you pay it within a certain period of time. What it says is when
you receive a proper invoice it gets paid within a certain period of
time.
Something that is very misleading is there is not a transaction that
goes through this system that the Clerk analyzes that there is not a
detailed description in a system which your agency has absolute and
complete control of, we actually communicate through that system to
advise your staff exactly what the problem is.
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They have the ability to go in there, they respond all of the time.
If you look at some of these, a lot of these are sitting in their hands and
we're awaiting a response.
Don't get me wrong, I don't have a problem with you instituting a
prompt payment ordinance. But a prompt payment ordinance is not
going to supersede Florida Statute, which tells me until such time as I
make a determination that the expenditure is legal, it won't get paid. It
cannot by law get paid until that determination that it is legal is made.
What happens before that you can control absolutely. We would
in fact invite an ordinance directing staff to comply with our request
and provide us with the information that we request so that we can in
fact make the payment on these invoices.
This is absolutely something that we would invite you to
undertake, not something that we oppose. But it's not just you send an
invoice regardless of what is in it and we got to pay it within 45 days.
It is a proper invoice, one which will demonstrate to the Clerk of the
Circuit Court that the expenditure of those funds is lawful. And the
Clerk and the Board of County Commissioners has the responsibility
to make that determination. The Board has that responsibility to make
the determination that it is lawful and that it serves a public function.
The next step of the process is that pay requests that have been
approved by the Board is sent to the Clerk of the Circuit Court. The
Clerk of the Circuit Court takes that request for payment and then
performs its function of auditing that request to make its determination
that is required by law.
You have to remember, Commissioners, it would be potentially
liable for the Clerk not to do that. Now, I assure you, I have enough
respect for the taxpayers, I would not allow that to occur. If I did it
knowingly, if we had made that determination that we couldn't
determine that it was legal and we made a payment, we would
potentially have criminal liability.
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Now, one of the things that affects you is if you send me that
request that you have voted on, you have liability. One of the
problems that I'm concerned about, with the way that it's happening
now is that there's a process that you're engaging in, you're trying to
circumvent that potential liability created by law. That is in fact not
something that I think you can do. And that is why we are doing what
we're doing.
I'll be more than happy to answer your questions.
CHAIRMAN FIALA: I have one, but go ahead, Commissioner
Hiller.
COMMISSIONER HILLER: Thank you.
What we're talking about is the resolution of disputes, if an
improper payment request or invoice is submitted by a vendor. And
you are not addressing that. And the Prompt Payment Act clearly
provides how notice is supposed to be given back to the vendor that in
your opinion an improper payment request or invoice has been
presented. And I would suggest that you read 218.76 in its entirety.
CLERK OF COURTS BROCK: Commissioner, I assure you I
have.
COMMISSIONER HILLER: Let me continue by saying that
Jeff, we reviewed the statutes and I believe that the statutes clearly
provide that the checks of the Board of County Commissioners are to
be signed by the chairman of the board and only attested as to the
chairman's signature by either you or whoever is designated as the
secretary of the board.
So if you're the one signing all the checks and it isn't the chairman
of the board who is doing that, I believe that's in violation of the
statute. And I hope that that's not what's happening. As I recall that's
what the statute says.
CLERK OF COURTS BROCK: This is not what's happening,
and I suspect you know that.
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COMMISSIONER HILLER: Oh, well, you said that you were
signing the checks.
CLERK OF COURTS BROCK: We are. We sign them. We
both have to sign them.
COMMISSIONER HILLER: No you attest to --
CLERK OF COURTS BROCK: I'm signing --
COMMISSIONER HILLER: -- the Chair's signature. You are
not signing the checks, it's an attestation function only.
CLERK OF COURTS BROCK: I'm signing it as attestation to
the check but it cannot be cashed without both of our signatures.
COMMISSIONER HILLER: That's not true. We could appoint
a secretary on this Board who could attest to his signature.
CLERK OF COURTS BROCK: I mean, Commissioners, I can't
stop you from doing anything you want to do, but --
COMMISSIONER HILLER: It's the law.
CLERK OF COURTS BROCK: -- if you want to do that, I'll be
more than happy to deal with it.
COMMISSIONER HILLER: And nobody on this Board is trying
to avoid the liability for approving an improper payment.
On the other hand, it is your duty to do the pre-audit and it is our
right to rely on your pre-audit before we approve. So the first
responsibility lies with you. And you've been remiss in doing that.
And BQ is an example.
CHAIRMAN FIALA: Now, excuse me --
CLERK OF COURTS BROCK: Commissioner, not only do I
disagree with you, but I think the Attorney General of the State of
Florida disagrees with you.
COMMISSIONER HILLER: No, I believe the Attorney General
opinion that you received in 2012 agrees with me very much so.
CLERK OF COURTS BROCK: No, ma'am, I don't think it does.
CHAIRMAN FIALA: Well, here's the -- let me just --
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CLERK OF COURTS BROCK: I think you will find --
CHAIRMAN FIALA: I was going to say this before, and I
probably should have, because Dwight was saying what his procedure
is. And if we then vote to approve something and it's illegal -- say that
sentence again, because it's been a while back since you -- just before
CLERK OF COURTS BROCK: There are several provisions in
your liability. You vote to incur a debt; you vote to make an unlawful
expenditure. Those create person --
CHAIRMAN FIALA: Vote to unlawful expenditure, that's the
one I was looking for, thank you.
And I know I had always been -- and things have changed and I
understand that. I had always been confident because I felt that the
pre-audit pre-audited before we voted on anything to make sure that
we weren't voting on anything illegally.
COMMISSIONER HILLER: Correct.
CHAIRMAN FIALA: And I realize somehow that's changed
now, but -- and I don't quite understand why. And you know what? I
mean that just --
CLERK OF COURTS BROCK: That is not the process,
Commissioner. You make the initial determination. The auditor looks
at what others have done.
CHAIRMAN FIALA: How do we know it's a good one if you
haven't audited it yet?
CLERK OF COURTS BROCK: I'm sorry?
CHAIRMAN FIALA: How do we know it's a good decision if
you haven't pre-audited it?
CLERK OF COURTS BROCK: You have the County Attorney
and the County Manager. The County Manager has the Statutory
responsibility to review contracts to ensure compliance and report back
to the Board of any failure of compliance. In addition to that you have
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legal counsel who is to advise you. Once you receive the information,
you make your own independent determination.
One of the things that the court says is if there is any question,
you should not be approving it.
CHAIRMAN FIALA: Well, see, that was never in my mind
before because you always pre-audited and then it came to us.
CLERK OF COURTS BROCK: No, ma'am, quite to the
contrary.
CHAIRMAN FIALA: You've never done that before?
CLERK OF COURTS BROCK: No, ma'am.
CHAIRMAN FIALA: You've never pre-audited before it came
to us?
CLERK OF COURTS BROCK: No, ma'am.
CHAIRMAN FIALA: I'm sorry, then I was wrong. Excuse me.
You've always sent it to us first and then you've pre-au-- I don't know
what pre-audit means.
CLERK OF COURTS BROCK: That is correct.
CHAIRMAN FIALA: Okay. I didn't think so, but if he's always
pre--
MR. OCHS: That's news to me.
COMMISSIONER HILLER: That's news to me.
CHAIRMAN FIALA: Yeah, okay. See, that's what's been
confusing to me, Dwight -- I mean, County Clerk or whatever.
Dwight. You call me Donna, I'll call you Dwight.
CLERK OF COURTS BROCK: Let me read something to you,
Commissioner. This is from the Auditor General of the State of
Florida, okay.
The Auditor General of the State of Florida makes the following
statement: The Clerk of the Circuit Court should ensure that adequate
documentation accompanies each BCC recommendation voucher to
document the validity, the legality and authorized public purpose of the
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expenditure or deny payment of the expenditure until such time as it's
received.
CHAIRMAN FIALA: So is that called a pre-audit?
CLERK OF COURTS BROCK: That is the Board's pre-audit.
The Board has the responsibility to determine the legality of
expenditure before you send it to me.
MR. OCHS: Commissioners, we just had a circuit court make
this determination. And with respect to the discussion about the
process for payment, the court said it has no basis in law, it's a
legislative decision.
Now, I'm going to look to your County Attorney because you're a
party of that lawsuit. I know what the ruling said. If we have to put it
on the screen, we can.
MR. KLATZKOW: It doesn't matter. It just doesn't matter, all
right. My understanding of the process was that staff would submit the
invoice, give sufficient information, sign off on their belief as to its
validity. Clerk would do a pre-audit on that. When the Clerk was
satisfied that the invoice was proper, it would come to the Board for
payment. That was my understanding of the process. Perhaps I'm
wrong, but that was my understanding of the process. If we have a
different process, okay. I don't know what to tell you.
CLERK OF COURTS BROCK: Okay, the Attorney General of
the State of Florida, okay: The statutory scheme relating to the Clerk
and the Board contemplates that the Board of County Commissioners
initially order the payment of a warrant prior to the Clerk's pre-audit
examination of whether the payment is for a legal purpose.
Commissioners, you know, we can stand up here and argue all
day long. I follow what the legal adviser of the State of Florida tells
me to do, and I do that. I follow what the Auditor General of the State
of Florida tells me to do, and I do that.
CHAIRMAN FIALA: Well, that answers my question. That's
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what's been my confusion all along in this thing. And it's not one
person is right or wrong, it was that I couldn't understand why a
pre-audit was done after you had a vote on something rather than
pre-auditing it before you vote on it.
MR. KLATZKOW: My understanding is that the Board's going
to do the pre-audit; then I don't know why any checks are being held.
I just don't quite understand the argument. But at the end of the day,
there's no point going back into litigation with this. You're talking
three to five years again. I just don't know what else to tell you other
than it would be nice if our side of the table and the Clerk's side of the
table could cooperate and just get this thing done.
CLERK OF COURTS BROCK: One other thing the Attorney
General says: There's a distinction between the County
Commissioners' determination that an expenditure serves a county
purpose and the pre-auditing approval exercised by the Clerk before
signing the warrant for payment. There is nothing in Florida law that
allows the Clerk to -- the Clerk's pre-auditing function to supplant the
Commission's duty to make a legislative finding that expenditures for
counting funds are for a county purpose. Clearly as set forth above the
Clerk's function operates as a check and balance on the exercise of the
Commission's power to expend county funds. To attempt to delegate
such power to the Clerk would disrupt the legislatively created system
that ensures the county funds will only be expended for a county
purpose.
CHAIRMAN FIALA: Well, right. You're much smarter than
me. I just had a lot of confusion.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, thanks.
I really didn't understand what this item is all about, but what I'm
understanding is, is try to get the vendors paid on a timely basis.
However, you know, knowing that now, the Board just approved
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removing an item from the agenda, and that's the payables report, until
the Clerk does his pre-auditing and then bring it back to the Board.
How is that speeding up the process to get vendors paid? It
doesn't. It does just the opposite, it slows down the process. And now
what I'm hearing is the Clerk is going to pre-audit after the Board
makes a finding that it serves a valid public purpose. Those are not
going to get paid, Commissioner Fiala.
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: They're not going to get paid.
CHAIRMAN FIALA: I understand that.
COMMISSIONER HENNING: Commissioner Hiller doesn't
have the paycheck (sic), okay? She doesn't have the checkbook. And
clearly the law says the auditor shall be the custodian of the funds.
The Board's funds. She --
CLERK OF COURTS BROCK: No, sir, the taxpayer's funds.
COMMISSIONER HENNING: The taxpayer's funds.
So she doesn't have the checkbook, and she can't sign the check.
And if she creates a check, it's going to be on what account, the
account that you're the custodian of or some other account? Maybe we
have some other money someplace.
So this whole thing is not going anywhere; it's not speeding up
the process.
CHAIRMAN FIALA: I understand what you're saying.
COMMISSIONER HENNING: So, you know, that item that we
voted on is slowing down the process.
CHAIRMAN FIALA: Which item?
COMMISSIONER HENNING: The item, 16.J.5 that you asked
to be continued until after the Clerk audit. So yeah, those payments
are not going to happen.
CHAIRMAN FIALA: But that's just kind of like in keeping with
what's going on anyway.
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COMMISSIONER HILLER: It's not about slowing down the
process. Can I answer that?
CHAIRMAN FIALA: Yeah. Well, you're next on, if
Commissioner Henning is finished.
Are you finished?
COMMISSIONER HENNING: Yeah, we got somebody really
antsy to talk, so please let her.
CHAIRMAN FIALA: I'll tell you, this is --
COMMISSIONER HENNING: It's not going anywhere.
CHAIRMAN FIALA: -- way over my head. This is -- this is all
about politics, and I'm not good at politics.
COMMISSIONER HILLER: This is very much about process,
and it's a big deal. You know, we're talking about the process as it
relates to what should be happening if an improper payment request or
invoice is submitted by a vendor. The statute lays out exactly what the
timing should be and when a conclusion should be reached about it.
And what we have is a situation where the Clerk is not respecting
the process provided by statute and we have disputes which are not
being resolved one way or another and are ongoing for months. And
that's the problem.
And what needs to happen is there has to be finality.
And with respect to the Clerk's statement that we should be
approving everything as to valid public purpose ahead of him doing his
pre-audit, I respectfully disagree. And the court supports our position
and says that you are incorrect.
CHAIRMAN FIALA: What's --
COMMISSIONER HILLER: We just won the -- may I finish?
This is very important. We just won the lawsuit on that.
CLERK OF COURTS BROCK: No, ma'am, you haven't.
COMMISSIONER HILLER: Yes, we did.
CLERK OF COURTS BROCK: No, ma'am.
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COMMISSIONER HILLER: Yes, we did.
CLERK OF COURTS BROCK: There's nothing final in that
lawsuit.
COMMISSIONER HILLER: I understand that you've chosen to
appeal it. Notwithstanding that you said that you were only filing the
lawsuit against the County Manager and the Purchasing Agent so you
could have a safe harbor and ensure that you were not doing anything
improper.
And the court ruled that what we were doing is proper, and you
have that safe harbor. And notwithstanding that, you continue to waste
the taxpayer's dollars and now you're going up on appeal. There's
already a million dollars that's been spent in the litigation that you
brought and that you lost. How much more taxpayer money do you
want to waste?
CLERK OF COURTS BROCK: Commissioner Hiller, this is all
fiction and all politics, but --
COMMISSIONER HILLER: It's neither. What's fiction and
what's politics is the executive summary brought forward, and I'm sure
it was at your recommendation and request by Commissioner Taylor to
come up with a process. The process exists. When there is a dispute
regarding an improper payment request or invoice, there is a statute
that governs what the process should be. And that's what needs to be
respected and it's not being respected.
CLERK OF COURTS BROCK: And that statute --
COMMISSIONER HILLER: And what I would like to ask is
that the County Attorney and County Manager work together to ensure
that this is respected. The statute and our ordinance which incorporate
the statute has a process. We don't need to reinvent the wheel, we need
to do what the law says.
CLERK OF COURTS BROCK: Commissioner Hiller, the law
relating to the Clerk of the Circuit Court says that as basically the
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check and balance that exists in local government, county government,
the Clerk of the Circuit Court is not to approve the payment of money
which is lawful -- which is not found by the Clerk to be lawful. But --
COMMISSIONER HILLER: And there is a --
CLERK OF COURTS BROCK: Commissioner.
COMMISSIONER HILLER: -- process that makes that
determination.
CHAIRMAN FIALA: It's his turn now, please.
CLERK OF COURTS BROCK: The process by which we go
through when we receive a bill for payment is we analyze that bill. We
then report back to your county staff exactly what deficiencies that we
find are, and we relate to them to deal with those deficiencies. It is
done in every situation. It is what your county staff has requested that
we do, and we do it. And that's the methodology by which we do it.
I can bring in to you the printouts from the pages that your county
staff have and make entries into in response. That is the process that
we go through.
But I assure you there will not be any ordinance that I will follow
that will attempt to circumvent Florida Statute. It won't happen. I will
be more than happy to work with them to try to accomplish that, but
you will not circumvent the check and balance that was created by our
forefathers between the Board and the Clerk.
COMMISSIONER HILLER: And no one is attempting to do
that.
CLERK OF COURTS BROCK: And Madam --
COMMISSIONER HILLER: It's absolutely nonsense to suggest
that.
CLERK OF COURTS BROCK: May I finish?
CHAIRMAN FIALA: Yes, please.
CLERK OF COURTS BROCK: The process that was being
tested in the courts and what the court ruled upon was whether or not
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the County Manager could make those decisions as to whether or not
to enter into contracts, period. That was the complaint.
MR. OCHS: That was part of the complaint.
CLERK OF COURTS BROCK: No, that was my only
complaint.
COMMISSIONER HILLER: No, it wasn't.
CLERK OF COURTS BROCK: Well, it was. That was all I
filed.
MR. OCHS: Read the transcript.
CLERK OF COURTS BROCK: No.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: First of all, I guess we should -- I
don't know, should we just move to the second agenda item? Because
I'd like to make it very clear.
COMMISSIONER NANCE: There's a motion on the floor. And
if this -- I'm the motion maker. Is this Prompt Payment Act under this
section of Florida Statutes integrated completely into our purchasing
policy?
MR. OCHS: No, sir, not completely. I think it needs a more
formal dispute resolution policy that's approved by the Board. And I'd
like to develop that. I think that's what the Commissioner is
suggesting.
COMMISSIONER NANCE: There's a -- I think this agenda item
says that we need to follow Florida Statute, and I think we should.
And I think we should move through this process each and every time
we have a problem. It so delineates it. It's not ambiguous. It requires
that -- I assume that the Clerk of Courts believes he's a local
government entity.
Do you believe you're a local government entity?
CLERK OF COURTS BROCK: I do.
COMMISSIONER NANCE: Okay, well, then it applies to him.
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He has to have a dispute resolution procedure. Everybody should
know what that is. And, you know, within 60 days after a payment
request or an improper -- or he deems it to be an improper invoice is
received, it should have gone through this process and we should be at
a point where everybody including the vendor who is apparently not
satisfied, the request of the Clerk is completely cognizant of what the
requirement is in order for the Clerk to be satisfied, and then we can go
forward from there.
But, you know, it's very clear that we have a list here that exceeds
60 days in a lot of situations, some of them coming up on a year or
many, many months anyway. So I believe it's only fair --
CLERK OF COURTS BROCK: Would you point that one out,
Commissioner?
COMMISSIONER NANCE: Sir?
CLERK OF COURTS BROCK: Would you point that one out
for me?
COMMISSIONER NANCE: Point what out?
CLERK OF COURTS BROCK: Which one is a year.
COMMISSIONER NANCE: Well, somebody said from
November of last year. It's certainly more than 60 days.
COMMISSIONER HILLER: It's 11/21/2014.
COMMISSIONER NANCE: 11/21/14?
CLERK OF COURTS BROCK: Which one is that?
COMMISSIONER HILLER: It's on the first page.
CLERK OF COURTS BROCK: Go over to the vendor name.
COMMISSIONER HILLER: 1,125, BUE, Inc. or something like
that. BUE, Inc.
CLERK OF COURTS BROCK: Yes, that's a fencing contractor.
COMMISSIONER NANCE: Well, I'm just saying, what it says
here is within 60 days after the receipt we should be in a knowable
place for everybody. I don't think that's unreasonable. Apparently the
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legislature wrote it thinking it's reasonable. And so if that's what we
have to go by, I think we should. That's why I don't think this is
controversial.
CLERK OF COURTS BROCK: It's not --
CHAIRMAN FIALA: So do you want --
CLERK OF COURTS BROCK: It's not controversial to me.
CHAIRMAN FIALA: -- to add this to your motion?
COMMISSIONER HILLER: No, because if it shouldn't be paid,
it shouldn't be -- I seconded it.
If it shouldn't be paid, it shall not be paid. The vendor needs to
know at the end of that 60-day period what the decision is, based on
whatever the discussion was that ensued prior. And at that point in
time the vendor who is not paid has the right to sue the county or not
sue the county to get paid.
But what cannot happen is no decision made and an issue drag on
forever and ever and ever pending some sort of investigation by the
Clerk's Office. Decisions have to be made. And this Prompt Payment
Act addresses whether the decision is to pay or not to pay. That
decision has to be made in a certain manner prescribed by this statute
within the time frame prescribed by statute. And these issues would
not be pending. There would be finality. Whatever the decision is, to
pay or not to pay.
COMMISSIONER HENNING: That is the question.
CLERK OF COURTS BROCK: Commissioner, we make the
determination of the deficiencies. We communicate those deficiencies
with your staff because that is the way they ask us to do it. And we
anticipate that they will communicate that information to the vendor.
Because that is the way they ask us to do it.
So there are none of these that we didn't make a determination on
well before the 45 days.
COMMISSIONER HILLER: That's not true.
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CHAIRMAN FIALA: Okay, we have a motion on the floor and a
second. I have three lights on here. Are those three lights on the first
item or -- okay, two lights on here, thank you -- the first item or on the
second item? Because if they're on the first item, then we must hear
from them before we call the question. Otherwise it's Commissioner
Henning and Taylor that are waiting, or do they want to speak to the
second one?
COMMISSIONER TAYLOR: No, I think Commissioner
Henning is first and then I'm second.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: I just want to speak to the
motion.
CHAIRMAN FIALA: Okay, good.
COMMISSIONER HENNING: Is it -- the staffs going to bring a
policy back for the Board's consideration? Is that what the motion is?
COMMISSIONER NANCE: No, the motion is to incorporate
this statute into our purchasing policy.
COMMISSIONER HENNING: They have to bring it back to us.
COMMISSIONER NANCE: In its entirety.
COMMISSIONER HENNING: Don't you have to advertise it?
It's an ordinance.
COMMISSIONER NANCE: Okay.
MR. KLATZKOW: My understanding of the motion, and the
motion maker can correct me, is that you want to amend your
purchasing ordinance to put this procedure into it.
COMMISSIONER HILLER: Can I state that our local -- our
purchasing ordinance already -- if I may, our purchasing ordinance
already makes reference that we will adhere to this specific statutory
provision. Even if our ordinance did not incorporate it, this is what we
have to adhere to. Because what the statute says, in the absence of this
being in the ordinance, this is the governing law.
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So what -- there are two things: The first is it really would be a
good idea to take this statute as written and incorporate -- especially
the section relating to resolution of disputes. Because that is the
problem that we're having. The resolution of disputes is not being
properly handled into the ordinance.
COMMISSIONER HENNING: Okay, so it will have to come
back then.
COMMISSIONER HILLER: And the second thing is, is
notwithstanding that this law still governs, and I would like the County
Attorney's Office and the County Manager's Office to work to ensure
that this process is in fact being adhered to.
CHAIRMAN FIALA: Okay, now that's --
COMMISSIONER HILLER: It's not correcting -- amending the
ordinance is not necessary to effectuate this law. This law exists and
binds us now.
MR. KLATZKOW: Commissioners, I'm just trying to get clarity
so we can bring something back. That's all I'm trying, okay.
Now, as far as the Prompt Payment Act goes, I understand the
dispute resolution when it comes to a dispute between our staff and a
vendor. Okay, I understand that process. The piece that I'm having
difficulty with is the Clerk isn't paying. The Clerk is saying that there's
something wrong with the invoice, it's whatever it might be, not a
sufficient backup, whatever. He's communicating that to staff with the
vendor and he's not getting back a satisfactory answer. So that unless
there's a process that we can work with, with the Clerk, I don't know
what to come back with.
COMMISSIONER HILLER: He's bound by the same --
COMMISSIONER TAYLOR: That's why I --
CHAIRMAN FIALA: Wait a minute, one at a time. We've got a
secretary here -- I'm sorry if I'm calling you secretary -- who needs to
only hear from one person at a time.
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Commissioner Taylor?
COMMISSIONER HILLER: No, can I --
COMMISSIONER TAYLOR: That's my item.
COMMISSIONER HILLER: -- answer the question?
COMMISSIONER NANCE: So we can deal with that, that's
definitely my --
COMMISSIONER HILLER: No, the question was addressed to
me. May I answer it?
CHAIRMAN FIALA: Well, I wanted to hear from
Commissioner Taylor first. So finish what you were saying, please.
COMMISSIONER TAYLOR: That's why I put this item on the
agenda. And I think if we are going to have full disclosure and
transparency, we're going to hear it. So I'm patient to wait 'til this item
is finished and then we'll move to the next one.
Also, just for the public record, because not everybody has this
piece of paper that the Clerk's Office has handed us, but there's a
reason for every vendor here, that shows on unpaid. There's a reason
in a column. There's not -- it's not arbitrary and capricious.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Okay, thank you.
CHAIRMAN FIALA: Wind that up.
COMMISSIONER HILLER: I will.
Jeff, we have to comply with the Prompt Payment Act.
MR. KLATZKOW: And we are.
COMMISSIONER HILLER: Can I finish? The Clerk needs to
comply with the Prompt Payment Act. He needs to do whatever is
necessary to allow us to do what this statute provides. So if it says that
we have to respond -- and let's stick to the improper payment request
or invoice, let's just focus on that. If an improper payment request or
invoice is submitted by a vendor, the local governmental entity shall
within 10 days after improper payment request or invoices received
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notify the vendor in writing that the payment request or invoice is
improper and indicate what corrective action on the part of the vendor
is needed to make the payment request or invoice proper.
That's the first step.
And so in order for us to be compliant, the Clerk needs to get us
the same. He needs to get us the information in writing with respect to
that claim of improper payment or invoice so that we can take what he
is stating as being a problem and what the corrective action ought to be
back to the vendor.
We've had situations here, to give you an example, where we've
had vendors who have stood before this Board and they have said what
corrective action do we need to take? And Crystal won't tell them.
And these vendors sit there going, well, what should I produce? Or
why do I have to produce this for this particular item? And they won't
get an explanation. That's what we can't have happen. It needs to be
really simple.
And another situation that occurs is where they keep -- it's a
moving target. First they ask for one piece of evidence, then they
change their mind, ask for another piece of evidence, then change their
mind, ask for a third piece of evidence and it keeps changing.
I just spoke to Marshall Goodman who had an event at the
Accelerator, and it was a condition that was required in the contract.
And first the Clerk -- and I'm not going to say it's in specific order, but
first they said, you know, we want your guest list. Then they said they
wanted photographs of who attended the event. Then they wanted like
the sign-in sheet. Then they wanted the addresses of who came to the
event to confirm that they attended. And it's just like every single time
they gave one piece of information they came back with more and
more and more and more.
The bottom line is they need to do their pre-audit test, come up
with a list of exceptions, get it to us in writing with the corrective
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action that's required. We have to turn it over to the vendor and then
the vendor has to respond within, you know, the requisite time frame
and we need to work through a resolution of the dispute.
If at the end of the time frame it's prescribed by statute we are
unable to come to a resolution because they are not going to provide
what's necessary to get paid, then we're done. We don't pay, they have
the right to go to court and sue us.
CLERK OF COURTS BROCK: No, ma'am.
COMMISSIONER HENNING: Commissioner Fiala?
CHAIRMAN FIALA: Yes.
CLERK OF COURTS BROCK: You're suggesting that --
COMMISSIONER HENNING: I don't know what the direction
is. The county staff doesn't know what the direction is.
COMMISSIONER HILLER: I think they do know what the
direction is.
COMMISSIONER HENNING: No, they -- what's the direction?
What are you going to do? Are you bringing something back, or what?
MR. OCHS: My understanding is that I would work with the
County Attorney to develop a dispute resolution process that's
consistent with this Prompt Payment Act and bring it back to the Board
for incorporation in your Procurement Ordinance.
COMMISSIONER HENNING: Okay, great.
COMMISSIONER HILLER: I have a problem if you want to do
that.
COMMISSIONER HENNING: If it's coming back I'm not going
to sit up here and argue. I'm not a candidate for Clerk of Court, okay.
It is what it is, and we're going to hear this until after the election, over
and over again.
So if it's coming back for an ordinance change, it needs to be
advertised and so on and so forth and come back to the Board, we can
talk about it.
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COMMISSIONER HILLER: And I'm fine with that --
CHAIRMAN FIALA: And now --
CLERK OF COURTS BROCK: Commissioner, I --
CHAIRMAN FIALA: -- Commissioner Nance?
CLERK OF COURTS BROCK: -- cannot let that go
unchallenged what was just said.
My staff has never made any requests such as that. And if in fact
you will identify for me where that took place, I will institute
corrective action --
COMMISSIONER HILLER: Yeah, talk to Marshall Goodman --
CLERK OF COURTS BROCK: -- with regard to that.
That's sort of like somebody calling us up the other day telling us
that someone on my staff had said that they were getting paid more
than they were worth. And then whenever I called the person that was
at the meeting and asked them, did you ever say that, they responded to
me, absolutely not. Never even thought it.
These are the types of things that I'm dealing with on a daily
basis. If you've got a problem, address the problem with me. I'll be
more than happy to take corrective action.
CHAIRMAN FIALA: Commissioner Nance? And that's it.
COMMISSIONER NANCE: This number two on this statute
says if a dispute arises between a vendor and a local government entity
concerning payment of a payment request or invoice, the dispute shall
finally be determined by the local government entity pursuant to a
dispute resolution procedure.
I believe there's a number of instances where the Board of County
Commissioners is satisfied that we have received the services for
which we have bartered but the Clerk disagrees. In that case the
vendor and the local government entity in dispute is the Clerk of
Courts.
CLERK OF COURTS BROCK: Correct.
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April 12, 2016
COMMISSIONER NANCE: In which case the Clerk of Courts
is obligated to go through a dispute resolution procedure which is I
hope unambiguous and to do so within 60 days. And if he would like
to advise us of his determination at that point, I'm saying the dispute is
between the Clerk and the vendor, not between the Clerk and the
Board of County Commission.
COMMISSIONER HILLER: I agree.
CLERK OF COURTS BROCK: You are in agreement --
COMMISSIONER NANCE: And if he would like to start
generating those proceedings and let those people know, I would
appreciate it and I think it would solve any question of ambiguity over
what is expected of them. If this is a moving target, I think if he
generates a dispute resolution procedure and informs them in writing
what his expectations are with finality and what they need to do to
satisfy his inquiry, I think that will be sufficient.
CLERK OF COURTS BROCK: Consider it done.
COMMISSIONER HILLER: But it has to follow the Prompt
Payment Act. You have to have a procedure --
COMMISSIONER NANCE: Right.
CHAIRMAN FIALA: That's what he's reading from.
COMMISSIONER NANCE: So I'm saying -- so I'm just reading
from there. So if we incorporate --
COMMISSIONER HILLER: We don't have the same.
COMMISSIONER NANCE: -- if we incor-- right, this is from
your executive summary. If we have that incorporated, if the County
Manager will incorporate this into our purchasing policy and we will
so honor it and the Clerk will do it, perhaps it will move us in a similar
orbit that we might find acceptable.
CLERK OF COURTS BROCK: Commissioner Nance, I don't
have a problem with that at all. I will create the process. The reason
the process has never been created is because of the insistence of
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county staff that we send the complaints or the issues back to them to
let them resolve. We will no longer follow that, I will create a process
COMMISSIONER NANCE: Well, sir, sir --
CLERK OF COURTS BROCK: -- to accomplish that objective.
COMMISSIONER HILLER: No, no.
COMMISSIONER NANCE: Sir, I believe it has been both our
stated and restated --
COMMISSIONER HILLER: No.
COMMISSIONER NANCE: -- objectives to work together to
resolve it. But it does not seem that we are somehow able to do that
for reasons that escape me. So I don't know, you know -- so I've got a
motion on the floor and a second.
CHAIRMAN FIALA: And there is a second.
And so with that, we will go to the vote. All in favor?
COMMISSIONER HENNING: Kumbaya aye.
CHAIRMAN FIALA: Huh?
COMMISSIONER HENNING: Kumbaya aye.
CHAIRMAN FIALA: All in favor of the motion, say aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
COMMISSIONER HILLER: And the motion again, just to
reiterate, is to direct the County Attorney and County Manager to
develop the dispute resolution process and incorporate it into the
ordinance.
COMMISSIONER NANCE: That's correct.
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April 12, 2016
COMMISSIONER HILLER: In conformance with 2187.
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: Court reporter needs a break.
COMMISSIONER TAYLOR: She sure does.
CHAIRMAN FIALA: She sure does.
And with that, we will break for 15 minutes. 3:15 we'll be back.
(Recess.)
MR. OCHS: The meeting is back in session. You have a live
mic, ma'am.
CHAIRMAN FIALA: Thank you very much, Leo.
Okay, now we are moving on to Item 10.D?
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: Before we move on,
Commissioner Fiala, can I bring up two points for the record that are
very important?
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: The Clerk made the statement that
he only had one count to his lawsuit. In fact, he didn't, he had two
counts.
And County Attorney, since this was the suit against you, you can
address it with more specificity. But it went specifically to the issue of
the process and what the Clerk is claiming as what the process ought to
be as he described it.
This was a subject of the lawsuit, and I'll -- it was -- the second
issue is a challenge by the Clerk to the process by which the county
approves all expenditures. And then it goes on, and I'm not going to
restate the lawsuit.
The conclusion of the court was the Clerk's process claim fails as
a matter of law.
The second issue that I want to raise is specifically the statute that
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I was referring to is 136.06 that says that each check or warrant shall
be signed by the Chair of the Board attested by the Clerk or secretary
of the Board with the corporate seal thereof affixed.
The Clerk is supposed to have our seal. But the Clerk should not
be signing the checks. If the Clerk has the ability to post journal
entries, as well as control the checks, as well as sign the checks, as
well as do bank reconciliations, we have a serious problem.
And let me just return this to you.
Item #10D
BOARD OF COUNTY COMMISSIONERS DIRECT THE COUNTY
MANAGER TO WORK WITH THE COLLIER COUNTY CLERK
OF COURTS TO DEVELOP A PROCESS THAT WILL INSURE
PROMPT PAYMENT OF INVOICES — MOTION TO DENY —
APPROVED
MR. OCHS: Madam, Item 10.D is a recommendation that the
Board direct the County Manager to work with the Clerk of the Courts
to develop a process that will ensure prompt payment of invoices.
This item was placed on the agenda by Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much.
MR. OCHS: I'm sorry, Commissioner Henning also sponsored
this one.
COMMISSIONER TAYLOR: Thank you very much.
I felt very strongly, as I have from the inception of this lawsuit
between the Clerk and the County Manager that the Clerk brought, that
our vendors are really taking it kind of on the chin. And from talking
to the Clerk and talking -- certainly listening with the debate up here
and the discussion, I think it's prudent and a wise thing to hear from
our Clerk so we can get his point of view.
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I think, oftentimes I felt when Ms. Crystal has tried to respond --
or Ms. Kinzel has tried to respond to discussions and questions that
sometimes, I've been kind of keeping track, she's sort of been talked
over. And I just thought maybe now in a quieter moment, and it is a
quieter moment, we can hear what we've been asking for many, many
weeks and hear the answers. Whether we accept them or not is another
thing. But at least for the full opportunity for transparency but also to
hear the other side.
So on that note, I would like to ask County Clerk Brock to speak
to us about your concerns. And thank you.
CLERK OF COURTS BROCK: Commissioner Fiala, may I
respond?
CHAIRMAN FIALA: Absolutely.
Your name, sir, for the record.
CLERK OF COURTS BROCK: My name is Dwight Brock.
Sorry about that.
Can I respond to Commissioner Hiller's comments, very briefly?
CHAIRMAN FIALA: Yes.
CLERK OF COURTS BROCK: The Clerk filed a two-count
information -- or two-count complaint alleging the County Manager
could not enter into contracts and to request an injunction to prohibit
them from doing that.
Then the county filed litigation with complaints against the Clerk.
And the only thing we did was we amended our complaint to
incorporate those particular issues to our complaint.
So when we originally filed the complaint it had one count and an
injunction to request that they be prevented.
And now let's move on.
COMMISSIONER HILLER: I'm sorry, what you're saying is not
what you said before. You said that there was no litigation as to what
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you claimed was the process. You clearly repeated the process that the
court claimed had no legal basis when you were standing right before
us a few minutes ago. So --
CLERK OF COURTS BROCK: The --
COMMISSIONER HILLER: -- please don't play games.
COMMISSIONER TAYLOR: I hope we --
CLERK OF COURTS BROCK: I'm not going to address that
political shot. Let's move on, okay? The record will speak for itself.
COMMISSIONER HILLER: County Manager, please introduce
the court document that you have before you in the record.
CLERK OF COURTS BROCK: May we proceed?
CHAIRMAN FIALA: Sure, please do.
CLERK OF COURTS BROCK: Ladies and gentlemen, you
know, I have heard so many things that have been said with regard to
what is going on with our pre-audit process that I felt it imperative that
when Commissioner Penny Taylor asked me to come over and --
CHAIRMAN FIALA: You have to talk in the microphone.
CLERK OF COURTS BROCK: -- asked me to come over and,
sorry, show you the problems that we had with the invoices, that I
would be more than happy to do that. Okay?
Keep in mind this is just a minor sampling of what we have
found. But this is a sampling of the issues that we have discovered and
are dealing with, with the invoices that are being submitted to us.
Not up.
The first issue is the BQ Concrete invoice for concrete bins at
4800 Davis Boulevard.
Now, let's all understand that this is over on Davis Boulevard
right behind the Road and Bridge Administration Building.
Next.
The problem was that county staff wanted to build a gravel
storage structure used -- and used an inappropriate process and
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produced false information to our office in an attempt to induce
payment.
Next.
This is a picture of the concrete bins that were in fact built. There
are six small bins and there are two large bins. But these are not
separate structures; these are all one structure. So they're all connected.
So remember that there's one common wall.
Next.
That is the way the bins are laid out. They're all connected. And
as you can see, over where the large wall begins that there's a common
wall between the two walls.
Next.
County staff used an existing purchase order, which was
reportedly competitively bid, for curbs and sidewalks. No competitive
process was performed for the bins costing more than $150,478.
The contract that was used was brought before the bins (sic) and it
was approved by the Board of County Commissioners.
Next.
The parties all signed the contracts, BQ and Bonness, okay. So
we had a primary and a secondary contractor in this bid.
Next.
There was a single purchase order that was issued by your county
staff to BQ Concrete for $605,635.23. Now mind you, this is done by
your staff, not by me.
Next.
Problem: County policy under review allows staff to purchase up
to $50,000. This project was $154,000. Staff issued eight separate
work orders for the single structure, each less than $50,000.
Next.
This is a copy of the work order for one of the larger bins, this
was for $37,895.52. This is one project, not multiple projects.
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Next.
This is the second work order for the other large bin, for
$37,895.52.
Next.
This is a work order for one of the small bins for 13,114.65.
Next. This is -- you jumped from one to four. Go back. They're
all the same, okay? Go forward now.
Every one of them is the same.
COMMISSIONER NANCE: Mr. Brock, what's the date on the
previous one?
CLERK OF COURTS BROCK: They're all the same.
COMMISSIONER NANCE: They're all April 15th?
CLERK OF COURTS BROCK: Hold on.
COMMISSIONER NANCE: Just looking at the dates. Go to the
one right before this one.
CLERK OF COURTS BROCK: Right before this one?
COMMISSIONER NANCE: Yeah.
CLERK OF COURTS BROCK: Start date is 8/18/14.
COMMISSIONER NANCE: 8/18/14?
COMMISSIONER HENNING: And the stop date or completion
is 11/14/14.
CLERK OF COURTS BROCK: Correct.
COMMISSIONER NANCE: Okay. Thank you.
CLERK OF COURTS BROCK: Next.
Okay, this is the fifth one. Go on through these real quick,
through eight. They're all the same, okay?
Problem: The vendor contract for sidewalks allows no more than
20 percent of the work to be subcontracted.
That's a provision in the invitation to bid. Now, remember, these
contracts were let in conformance with an invitation to bid. Liberty
Concrete, who actually advised us that they did the work, they advised
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us that they performed 100 percent of the work and that BQ did none.
Now, let's remember where this particular structure is located.
This is right behind the administration building of the road department.
Next.
Mr. Billy Summers came in here and indicated to you, in this
room, on these particular invoices we've done 100 percent of the work.
20 years we've worked for you guys. Every single one of them have
been approved by Travis Gossard. They walked every single job.
Next.
This is the invitation for bid that includes the provision that only
-- the contractors could only sub out no more than 20 percent.
Next.
This is the provision that provides for how they would be paid.
Each awardee will provide complete services for the county (sic) as
needed basis and may be required by the owner in accordance with
terms and conditions of ITP. That's the invitation to bid for this work
for 125975974R.
Next.
Next.
Now, this is the invoice that was provided to the Clerk's Office by
Liberty Concrete for the work that they performed on this particular
project, for $130,288.
Next.
This is an excerpt from the contract as to how they will be paid.
Payments will be paid made to the contractor based upon the pricing
identified in this exhibit, which is the exhibit that was used in the ITB
for evaluating the contractors and accepting the bid.
The following terms shall apply: Line item one through 52 was
materials of equipment; line items 54 through 80 was miscellaneous
concrete work and all materials cost.
Next.
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April 12, 2016
This is an invoice representing the detailed charges that were
submitted to the Clerk's Office requesting payment.
Now, let me explain to you how this comes into my office. This
particular document is sent to us by the vendor through an electronic
system. And you'll notice they itemized miscellaneous concrete
installation. And they indicated that they used 112,385 thousandths of
a yard. They must have been measuring it with a teacup.
In addition to that they charged us, pursuant to the terms of the
contract, for construction foreman, equipment operator, laborer, track
and wheeled excavator, concrete pump truck.
Liberty Concrete advised us -- or the individual that was the
owner of Liberty Concrete, Bobby Tatum, advised us that he never
provided any of that type of information to BQ Concrete.
Next.
Here are the provisions right out of the ITB, 51 through 58 and 60
through 69, which correspond to the items that they billed the county
for.
Go back one.
Okay, if you notice on the invoice they have the P.O. That's the
P.O. number provided by the county.
Next.
Next.
This is another invoice for one of the large bins for $37,000, with
the breakdown of the individual components contained in the contract.
Next.
Same thing here for 37. This is another large big -- they're
identical, ladies and gentlemen.
Next.
Then you have the bid for the smaller one. $13,114.65. Okay?
Have the P.O. date, three of eight. With the items directly out of the
concrete that their billing is for -- out of the contract their billing is for.
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April 12, 2016
Next.
Same thing is true with the next one, four of eight.
Next, five of eight.
Six of eight.
Seven of eight.
All six of the small bins are identical.
Next.
There is the total of the invoices, $37,000, for the two large bins,
$13,114 for the two small bins.
Next.
Now, ladies and gentlemen, let me show you a potential problem
here. If they had been eight separate bins the billing could have been
potentially correct. But since you have a shared wall between number
seven and number six, number six obviously would have a different
wall, different concrete, different work comps, all of those things
would be different.
Next.
That's a total, $154,478.94. That was what was billed.
Next.
COMMISSIONER NANCE: Excuse me, Dwight, could you
back up a second to your little drawing there.
CLERK OF COURTS BROCK: Yes, sir.
COMMISSIONER NANCE: Okay, what -- how many yards of
concrete did you say you had in one of those small ones?
CLERK OF COURTS BROCK: Back up to one of the small
ones.
COMMISSIONER NANCE: 112? So a good portion of that had
to be in the floor; am I right?
CLERK OF COURTS BROCK: 112.385 square yards.
COMMISSIONER NANCE: Square yards?
CLERK OF COURTS BROCK: Absolutely.
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April 12, 2016
COMMISSIONER NANCE: Or cubic yards of concrete?
MR. CASALANGUIDA: Square.
CLERK OF COURTS BROCK: Commissioner, we fully
understand that now. Because it was billed -- if you look at the cost of
a cubic yard of concrete in the ITB, was much less than the square
yard, because a square yard was actually designed for sidewalks. A
cubic yard -- there is in fact a cubic yard miscellaneous concrete in
there. But that wasn't used.
Next.
COMMISSIONER NANCE: What is the definition of a square
yard of concrete?
MR. CASALANGUIDA: Sir, if I could help both of you. The
square yard has a spec of six inches in the contract. So a square yard is
COMMISSIONER NANCE: So it's three feet by three feet by a
half a foot.
MR. CASALANGUIDA: For every square yard they're saying
six inches in the contract.
COMMISSIONER NANCE: Okay.
MR. CASALANGUIDA: So that's why I think they reference
square yard using a six-inch multiplier.
COMMISSIONER NANCE: Okay.
CLERK OF COURTS BROCK: This is a cubic yard factor in the
contract.
Next.
Next.
Next.
BQ, remember the $130,000 bill that BQ was submitted by
Liberty or Liberty gave us with regard to the work he did on this
particular project? They advised us that they were only paid
approximately $90,000. That is a differential of$64,000.
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Next.
Now, just so we all understand we're dealing with the same
documents and same contract and same P.O. and the invoices, we have
tied the invoice by P.O. number to the purchase order, which is created
by your staff, submitted to us through the electronic system, to the
contract which is also created by your staff, the contract number.
Okay?
Next.
COMMISSIONER NANCE: Back up one second. So you're
telling me you're getting conflicting information between Liberty and
BQ?
CLERK OF COURTS BROCK: Yes, sir, I think that would be a
correct statement.
COMMISSIONER NANCE: So somebody's not telling the truth.
CLERK OF COURTS BROCK: That is correct.
COMMISSIONER NANCE: So who's not telling the truth?
CLERK OF COURTS BROCK: We'll get to that.
COMMISSIONER NANCE: Okay.
CLERK OF COURTS BROCK: Next.
Billy Summers comes into this room and says BQ Concrete, as
their representative, we've done really good work for you guys or we
wouldn't keep getting the contract every year. We can use
subcontractors any time we want as long as we don't go over 80
percent.
So they fully understood the requirements.
These are not subcontractors. None of them, not one. On these
particular invoices we've done 100 percent of the work. 20 years
we've worked for you guys, every single one of these has been
approved by Travis Gossard. They walked every single job we did.
Next.
Travis Gossard was the director of Road Maintenance. We spoke
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to Mr. Gossard. Mr. Gossard indicated to my staff the contractor had to
identify himself each time he entered the facility in order to be let
through the gate. The contractor always identified himself as BQ
Concrete.
Next.
At that point in time we spoke to the owner of Liberty Concrete,
Bobby Tatum, and asked if he had to identify himself to get through
the gate. He said he did not have to call anyone to get through the gate
and that he had been given the gate code by county staff and told us
what the code was.
Next.
After we had received this conflicting information -- now,
remember, all of this work was done in October, November or before.
Okay?
In April the 25th of 2015, we went to the road maintenance
facility on Davis Boulevard and tested the credibility of Bobby
Tatum's statement. The code number he gave us worked.
Next.
After we had spoken to them --
Next -- no, back up.
Next.
Next.
On April the 28th, after we had been told that oh, that code gets
changed all the time -- not on April the 28th, but we went back out
after we went out and tested it to see if it did work after we had been
told that it got changed all the time. And then we discovered the code
no longer worked.
Next.
Go back.
On April the 28th, the Clerk advised the Board of County
Commissioners there were serious issues and that an audit of BQ
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Concrete was underway.
Back up.
Back up one.
Okay, go ahead.
Several of the commissioners at that time -- next -- Commissioner
Fiala, and I can understand why you would come to the conclusion in
light of the stuff that was said at that board meeting, but you had
indicated that it was unfair for BQ. We signed a contract with Buddy,
we expected him to be paid, and then it's held up with no warning. The
guy doesn't get paid and it's just not unfair (sic). Without the
knowledge that we had, I understand your feelings.
Next.
Commissioner Hiller then indicated that the Clerk was being
abusive by withholding payments and that it was not justified.
She then further went to a Ms. Papajohn (sic), a WINK News
reporter, and indicated that she and the County Attorney were trying to
make sure that BQ gets paid.
Next.
Over the past 5-years county staff has approved 3,262 invoices
from BQ Concrete totaling more than $8.1 million.
The Clerk's audit with regard to BQ Concrete continues.
Next.
Under contract #12-597R, between 6/11/2013 and 6/10/2015 your
staff had approved 74 invoices of BQ Concrete totaling $1,622,249.16.
There were zero invoices from the secondary, Bonness. And if I'm not
mistaken, I think they're now the contractor.
Next.
Florida Statute 125.74 provides the county administrator's powers
and duties. Section N of that provision provides that the county
administrator shall see that all terms and conditions of all leases,
contracts and agreements are performed and notify the Board of any
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noted violation thereof.
Next.
You also passed a county ordinance that had that very same
language in it.
Next.
This is a copy of a page out of the computer system, which I was
telling you that we go through as we are auditing and delineate
problems or recognize staffs approval that the goods and services have
been done. In this particular case the project was approved by Travis
Gossard.
Next.
Now, this is in fact the certification provided to the Clerk by your
staff in every single invoice that is presented to us for payment.
I understand that by authorizing items for payment I am attesting
that the goods have been received and verified that services have been
performed and verified.
Next.
Billy Summers: Every single one of these has been approved by
Travis Gossard. They walked every single job we did.
Next.
Now, here is a sequence of events. In March, 2015 we discovered
the problems with BQ invoice, even though we had a certification that
everything had been done and the goods and services had been
received. The Clerk began auditing BQ invoices and payments in
greater detail in light of the discovery and requested additional records
from county staff.
The Clerk individually, through commissioner -- I mean through
Crystal who meets with four of you, advised you of the issues that we
had found, or that there were issues. And an audit was underway.
Then on 4/28/2015 in a public meeting right here in this room, we
stated at the BCC Meeting that BQ was being audited and some
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commissioners urged us to pay BQ.
Several commissioners on 4/30 publicly pressed the Clerk to pay
BQ.
On 5/8 of 2015 we requested additional records of county staff in
our exploration of these bills.
On 5/14/2015 I received communication in writing from your
County Manager that advised that the Clerk's audit staff were making
atypical inquiries of county staff and requested that all future inquiries
or requests for information go through him and him alone.
On 6/1/2015 the Clerk of the Circuit Court filed what is
commonly referred to as a civil demand letter for theft against BQ
Concrete and Billy Summers.
On 6/5/2015 Commissioner Hiller held a press conference
announcing that she and Leo Ochs discovered problems with BQ
Concrete.
Next.
The next item is a road -- yes, sir?
COMMISSIONER NANCE: Mr. Brock, on the construction of
those bins.
CLERK OF COURTS BROCK: Yes, sir.
COMMISSIONER NANCE: Were there any concrete blocks?
CLERK OF COURTS BROCK: I have no earthly idea.
MR. CASALANGUIDA: No, sir. It was a straight pour, sir.
COMMISSIONER NANCE: A complete straight pour.
MR. CASALANGUIDA: Steel reinforced.
COMMISSIONER NANCE: Okay.
CLERK OF COURTS BROCK: Next.
This is a road in which there was a sound wall in the county,
Vanderbilt Beach Road, car apparently ran into it and did the damage
and the county was attempting to repair it.
Now remember -- back up. We did not know this at the time, but
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we later discovered it, those walls are in fact unique to one contractor.
Next.
The problem was the Clerk receives false information in writing
attempting to elicit payment for a made up invoice, and work was done
by a subcontractor, Coastal Concrete, not BQ.
County staff again certified that the goods and services were
received pursuant to the contract.
Next.
This is the email that started the job, ladies and gentlemen. From
J.R. Gerents to Billy Summers: Bill, this is a time and material job.
And the notice to proceed and work order has been issued. This needs
to be done ASAP. So have them order whatever is needed for that job
and get 'er done.
Next.
This is the Vanderbilt Beach wall repair purchase order. The
purchase order number is there. It was for $400,000. It was a blanket
purchase order.
Next.
Then a work order for that job was issued by your county staff for
$28,388.
Next.
Please send me confirmation that you received this email or I will
assume that you have not received it — from Billy Summers. And it
indicates that he was the construction manager of BQ Concrete.
But ladies and gentlemen, I have more to show that that was Billy
Summers. Because Billy Summers did a public records request on us.
We responded to the public records request using that email, and he
responded back that he got it. That will be important just a little bit
later, okay.
So we know that is Billy Summers' email that sent that.
Next. Back up one.
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Back up.
That's a Vanderbilt Beach wall -- Vanderbilt repair invoice
number.
Next.
That is the invoice, 233R. Balance due is $28,388.88, okay? If
you notice out here, it has all of the items listed in the contract and
amounts. Again, we spoke to the people who actually did the work
who said we never gave them any such information as that.
Next.
In order to tie it all back together again, we have the invoice, the
P.O. and the contract, all identified in this process.
Next.
Again, thisis a page out of the system, and look who approved it
again. Travis Gossard approved it.
Next.
Gossard again, which is of the same certification. I understand
that by authorizing items for payment I am attesting that goods have
been received and verified and that services have been performed and
verified.
Next.
Clerk requested backup, BQ invoice 233. Please provide
breakdown backup for materials. Thanks.
Now, this is an excerpt out of the information that I was telling
you is in the computer that we send to your staff.
Next.
Billy Summers, II sends to Eddie Chesser, BQ Concrete,
Vanderbilt repair.
Next.
We are then provided with this so-called invoice. It reflects
$25,236 worth of work on this particular job from Coastal Concrete.
Now, you will notice that that is actually less than the bill that was
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submitted by BQ, because the bill submitted by BQ had some labor in
it as well.
We spoke to Coastal Concrete Products. They did the work.
Nobody else was even there.
Next.
And in addition to that, they tell us that was by no stretch of the
imagination their invoice. In fact, it appeared to have been created
from a proposal that they submitted to BQ Concrete for doing the work
for an amount of$6,840.
And one of the things that they told us at the time was we would
not even agree to do the work unless or until they paid us half of it up
front of$3,000.
Next.
And in fact they then provided us with the real invoice that they
created for the work that was mailed to BQ Concrete in the amount of
$6,840.
Next.
This is the proposal and the supposed invoice that was submitted
to us. And if you will look at it, you will see the things that we
identified as having been changed.
Next.
This is a letter from Coastal Concrete Products that is advising us
that that is not their invoice.
Next.
Surprisingly, this is a word document. And if you know anything
about word documents, you can go into them and tell who authored it
and who modified it. And it was Billy Summers. And again, that is the
same address we sent the public records to.
Next.
Summary: Fraud occurred. The lack of oversight. County staff
reviews the contract details and confirms compliance before certifying
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April 12, 2016
completion and requesting payment. That's a solution. Real simple,
not complicated. You make sure the work is done before you certify to
us that it has been done and that the invoice is proper and in
compliance with the contract.
Now -- go ahead.
COMMISSIONER NANCE: Mr. Brock, are you alleging that --
you're demonstrating here that BQ Concrete was defrauding or you're
suggesting that they were defrauding the county?
CLERK OF COURTS BROCK: Right.
COMMISSIONER NANCE: Are you suggesting that county
staff knowingly was aware that BQ Concrete was defrauding the
county?
CLERK OF COURTS BROCK: Commissioners, I will let you
draw your own conclusion with --
COMMISSIONER NANCE: No, no, no --
COMMISSIONER HILLER: That is what you're saying.
COMMISSIONER NANCE: -- I'm asking you if that's what
you're saying.
COMMISSIONER HILLER: Is that what you're saying?
CLERK OF COURTS BROCK: You draw your --
COMMISSIONER HILLER: No, you --
CLERK OF COURTS BROCK: -- own conclusions.
COMMISSIONER NANCE: No, I'm asking you your opinion.
COMMISSIONER HILLER: You tell us what your --
COMMISSIONER NANCE: Are you suggesting that Collier
County staff is complicit in this fraud? Because what I'm saying is
okay, you identified that there's fraud. Nobody is denying that the
repairs were made. So, I mean, they built bins and they built a wall in
the two examples that you made, right?
CLERK OF COURTS BROCK: Well, let me tell you what I do
know. We have spoken to J.R. Garents. J.R. Gerents, who was
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employed with you, indicated to us that he was assisting Billy
Summers in creating this false invoice. And he was doing it because
everybody was pushing him to get them paid.
COMMISSIONER NANCE: Did he approve them for payment?
CLERK OF COURTS BROCK: No, sir. Travis Gossard
approved it.
COMMISSIONER NANCE: So who was aware that this county
staff member was participating in this fraud?
MR. CASALANGUIDA: Sir, little clarification. There's about
five people in that review chain. Travis is the final signer, but he
probably didn't, as the Clerk pointed out, walk every job. He doesn't
do that.
COMMISSIONER NANCE: I understand that, sir, that's why I'm
asking. What is the suggestion here? Okay, we have a guy that's
defrauding the county and I'm delighted that we determined that that's
the case. But I'm unaware how it was that we should have determined
that that was the case.
CLERK OF COURTS BROCK: Determined what?
COMMISSIONER NANCE: That BQ Concrete was attempting
to defraud the county through falsifying its invoices when those people
that are attesting that the job has been completed are not in charge of
determining the correctness of the invoices. Are they? All they're
determining is that the work has been accomplished, whatever was
requested. These are operations people on the street, sir, they're not --
CLERK OF COURTS BROCK: They're contract management
people, Commissioner.
COMMISSIONER NANCE: They're operations managers at the
site of the work.
CLERK OF COURTS BROCK: That is correct.
COMMISSIONER NANCE: That's correct.
CLERK OF COURTS BROCK: Right.
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COMMISSIONER NANCE: So if somebody says, okay, I'm
going to build a wall, their job is to make sure that the wall gets built to
the specifications indicated.
CLERK OF COURTS BROCK: Quite the contrary.
COMMISSIONER NANCE: Why --
CLERK OF COURTS BROCK: Read the certification.
COMMISSIONER NANCE: What?
CLERK OF COURTS BROCK: Read the certification.
COMMISSIONER NANCE: Sir, you can read all the
certifications you want. How is that person supposed to know that the
individual concerned was defrauding the county? Would anybody
reasonably say that an operations manager that was sitting there
looking at the wall was aware that that person was defrauding the
county? I don't think so.
CLERK OF COURTS BROCK: Are you suggesting to me that
they don't ensure they're out there doing it properly?
COMMISSIONER NANCE: No, they're building it to the spec--
CLERK OF COURTS BROCK: They weren't even there,
Commissioner.
COMMISSIONER NANCE: Well, you know what? When you
ask for a wall and one shows up, I'm assuming that somebody built it.
I'm assuming it didn't just drop out of heaven.
CLERK OF COURTS BROCK: Okay.
COMMISSIONER NANCE: Okay? So there's a wall there. If it
meets the specification of the job as bid, I don't know how --
CLERK OF COURTS BROCK: A wall that ultimately cost
$6,000 that you're being billed 26,000 for?
COMMISSIONER NANCE: Sir, I don't think they're negotiating
that, are they?
CLERK OF COURTS BROCK: Negotiating what?
COMMISSIONER NANCE: The differentiation that you're
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April 12, 2016
talking about. The person on-site that's saying we received the wall.
MS. KINZEL: Could I interject?
COMMISSIONER NANCE: Is he supposed to be passing
judgment on what the bid amount should or shouldn't be or whether
that person is trying to administratively fraud the county?
CLERK OF COURTS BROCK: Let me tell you, when we
identified this problem, okay, we dealt with your county staff who
began to try to justify how the bill was appropriate. To the extent that
they're trying to stop us from getting the documents.
But Commissioner, I'll let you draw your own conclusion. I'm
not going to tell you what. You're, I hope, as a county commissioner
smart enough to come to your own conclusion as to whether or not you
were being defrauded. I will present to you the facts.
COMMISSIONER NANCE: No, no, I did not say that it wasn't
apparent to me that we were being defrauded. I was asking who knew.
CLERK OF COURTS BROCK: I mean, there's no way.
COMMISSIONER NANCE: And when did they know? When
did you realize it?
CLERK OF COURTS BROCK: When we started looking at it
after we discovered the problem with the bins. We began going
through all of these. This is not the only one, Commissioner.
COMMISSIONER HILLER: That's a lie. That's not what
happened.
CLERK OF COURTS BROCK: Really.
COMMISSIONER HILLER: Really.
CLERK OF COURTS BROCK: I'm glad you know.
COMMISSIONER HILLER: I do know.
CLERK OF COURTS BROCK: No, you don't.
COMMISSIONER HILLER: Oh, yes, I do.
CLERK OF COURTS BROCK: No, you don't.
COMMISSIONER HILLER: I most certainly do. Because here's
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April 12, 2016
CLERK OF COURTS BROCK: Wow.
COMMISSIONER HILLER: -- what happened. Here's what
happened. And let's take the wall that you represent you uncovered the
fraud on. You paid on that wall. You paid on that wall based on your
pre-audit. Your determination that based on your pre-audit that
expenditure was legal. You made an improper payment, because you
didn't audit property.
And here's what happened: You had no idea that fraud existed.
You made the payment and time went by and then guess what
happened one day? Coastal's bookkeeper called and said that they
hadn't been paid.
CLERK OF COURTS BROCK: After --
COMMISSIONER HILLER: No.
CLERK OF COURTS BROCK: No, Commissioner --
COMMISSIONER HILLER: No, no, let me finish.
CLERK OF COURTS BROCK: -- you weren't there. I'm going
to tell you what happened.
COMMISSIONER HILLER: No, let me finish.
CLERK OF COURTS BROCK: After we discovered BQ --
COMMISSIONER HILLER: They called and told you and you
asked, oh, how much are you owed and they said 6,000. And your
staff said no, according to the invoice we have here, it's 25. And then
you ran down to Coastal with your staff and you interviewed that staff
going, oh my goodness, what's going on here, because you realized
that you had failed to do a proper audit and you made an improper
payment. And quite frankly, it wasn't within your jurisdiction to send
that letter to BQ, it was the Board's jurisdiction to reclaim that.
And if you wonder what my source is, take a look at your most
favorite audit, Okaloosa.
And I will tell you right now, you then withheld that information
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from the Board where you should have told us what was going on.
And as soon as I found out what happened and found that you were
withholding this information from us, I called our County Manager
and pulled all the documentation and took it straight to law
enforcement only to find out that you hadn't even communicated with
them. Notwithstanding that you were sitting on this for quite some
time. And when a criminal investigation was opened into this matter,
you obstructed our Sheriff and claimed they couldn't do their job. And
so he withdrew and turned it over to FDLE. And then you obstructed
FDLE by claiming you were conducting an internal audit and they
could not conduct their investigation while you were conducting your
internal audit, and they had to stand down and wait while you were
conducting this, quote, internal audit.
You're not an investigative agency. You don't have the power to
conduct criminal investigations.
CLERK OF COURTS BROCK: I have never --
COMMISSIONER HILLER: And you have no right to sit on
evidence of what potentially could be a crime, and it hasn't been
concluded that a crime has been committed, because as far as I know,
unless staff has information to the contrary or you have information to
the contrary, FDLE has not concluded their investigation.
And why you are bringing this forward when you know a
criminal investigation is ongoing in this matter is very curious.
But the bottom line is you failed to properly pre-audit. You failed
to independently verify the underlying invoice with the source. And as
a result you made an improper payment. And then you scrambled
when you found out that you, you, said that a payment should be made
when it should not have been made.
Whether or not there is an underlying crime and who is guilty will
be decided by FDLE. And I assure you, when I brought this to the
County Manager's attention, he had no hesitation to take it to law
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April 12, 2016
enforcement and he has no hesitation to ensure that there is full and
complete prosecution of any of his staff if they are guilty.
But what you did with respect to your duty to pre-audit and
determine the legality of expenditures did not happen. You were
derelict. And that's why an improper payment was made.
And don't sit here and pretend that through your audit process that
you uncovered this fraud was going on, because that is not what
happened at all.
CLERK OF COURTS BROCK: Now, I will tell you what
happened.
When we went through the process of dealing with the bins, it
became public issue. We received a telephone call from a contractor in
Lee County called Coastal Concrete who said to us, we are owed
money as well. And we went up and spoke to Coastal Concrete.
And when Coastal Concrete told us what happened, we then
began looking at all of the other ones that were of similar nature.
And during this process, Commissioner Hiller, for your
information, I made, I think three telephone calls, long before you ever
reported it, to the Sheriffs Department to call me back, and they never
called me back. So you don't know what you're talking about.
COMMISSIONER HILLER: I'm sorry, that's not true, because
Coastal Concrete called me.
COMMISSIONER HENNING: Commissioner Fiala?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: Thanks.
CLERK OF COURTS BROCK: I mean, that's fine, I don't have a
problem. But I'm telling you --
COMMISSIONER HILLER: You told me --
CLERK OF COURTS BROCK: -- exactly how it went down.
COMMISSIONER HILLER: No, it's not how it went down.
CLERK OF COURTS BROCK: Your imagination is running
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April 12, 2016
away. I know the facts.
COMMISSIONER HILLER: I'm sorry, it's not.
CHAIRMAN FIALA: Commissioner Henning has asked for a
few times now if he could speak, so would you like to speak?
COMMISSIONER HENNING: Yeah, we need to lose the
emotions. I mean, it doesn't get anywhere when you're that emotional.
But it's interesting that these contracts are even -- these invoices --
or these work orders are even let on this contract, because a wall on
Vanderbilt and bins or walls at the maintenance facility, because the
contract says concrete roads, sidewalks, curbs, floor, installation and
repair. It doesn't say anything about a wall.
MR. CASALANGUIDA: It allows miscellaneous concrete work,
sir, in the contract. Which is something that if you wanted to do a box
-- now, they could have procured it two different ways: They could
have gone out and got three quotes, or they -- they chose to use the
contractor.
COMMISSIONER HENNING: Well, maybe you can point that
out to me within the contract.
CLERK OF COURTS BROCK: It does.
COMMISSIONER HENNING: But more importantly --
CLERK OF COURTS BROCK: And that's the way it was
actually listed was miscellaneous concrete. Repair and maintenance.
COMMISSIONER HENNING: The invoices are given to the
county, not to the Clerk. They're given to the county, the county
uploads them for payment, is that --
CLERK OF COURTS BROCK: No. Generally --
MR. OCHS: There's two methods. Some go directly to the Clerk
and some come through staff and then scanned into the system and --
COMMISSIONER HENNING: What about these particular
invoices, do we know how they were -- how they got into the system?
Was it county staff or --
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April 12, 2016
MR. OCHS: Well, there's a record of it, sir, so I'll ask Ms.
Markiewicz if she knows. She's standing right there.
Ms. Markiewicz, do you happen to know on this fence item?
MS. MARKIEWICZ: Joanne Markiewicz.
This particular one we're talking about went to the Clerk's Office.
COMMISSIONER HENNING: Now that's the wall on
Vanderbilt, right?
MS. MARKIEWICZ: Yes, sir.
COMMISSIONER HENNING: What about the bins at the
facility?
MS. MARKIEWICZ: I'm getting the nod those went directly to
the Clerk's Office as well.
COMMISSIONER HENNING: Okay. And then the Clerk's
Office goes to the department and says please validate these, that it
happened (sic); is that how the process goes?
CLERK OF COURTS BROCK: And often approve them
pursuant to your certification.
MR. OCHS: That's true.
COMMISSIONER HENNING: All right. So what does staff do
to validate it?
MR. OCHS: Joanne?
COMMISSIONER HILLER: It's the Clerk who's supposed to
validate. The Clerk is supposed to validate.
COMMISSIONER HENNING: No, they're management --
MR. OCHS: We validate the receipt of the goods. And as
Commissioner Nance was saying before, that the product and services
were constructed in the place that they were specified to be constructed
in according to the contract.
COMMISSIONER HENNING: Okay. So --
MR. OCHS: Is that essentially right?
MS. MARKIEWICZ: Yes, sir.
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April 12, 2016
CLERK OF COURTS BROCK: Go back to the --
COMMISSIONER HENNING: Obviously the -- do you have
staff out there watching these repairs being done?
MR. CASALANGUIDA: Sir, they'll either go before, during or
after. They'll probably definitely go before and authorize the work. So
if it's a fence that's there they'll go out and say about 30 feet of fence
has been broken, request the work order, then the contractor will go
out and do the work and staff will follow behind and say take pictures
or stop by while they're working and verify that they're doing the work
and the work was done --
COMMISSIONER HENNING: Well, obviously the one at the
facility maintenance building, they're right there.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: Pardon me?
MR. CASALANGUIDA: Staff took pictures of the work with
the steel being put in and various phases of the job being done.
COMMISSIONER HENNING: I know, I saw BQ Contractor
trucks. They have it right on the side of them.
MR. CASALANGUIDA: Right.
COMMISSIONER HENNING: You know, obviously somebody
knew that a subcontractor was doing it. But BQ is the one that
submitted invoices for the county staff to validate that the work was
done by BQ.
MR. CASALANGUIDA: And they provided an affidavit to the
county stating such, sir, a signed affidavit.
COMMISSIONER HENNING: BQ did?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HILLER: And what was the basis for that
affidavit?
COMMISSIONER HENNING: But my point is, it's right at the
maintenance facility, the same facility that oversees the sidewalks.
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April 12, 2016
MR. CASALANGUIDA: And sir, what my understanding is in
going back is that BQ said that these people work for me whether
they're 1099 or laborers. And the other gentleman, I think his name is
-- Dwight, is it Billy Summers? Said I don't work for them, I'm an
independent contractor. And that was the dispute. So we said to BQ,
if they work for you, sign an affidavit saying that they work for you.
Because we don't go into their personal records and check 1099's or
what they do. And he brought an affidavit in and said, I have done the
work per the contract, and he signed that. So that was --
COMMISSIONER HENNING: So what's the resolution on that
particular invoice? We can't pay BQ for it because they didn't do the
work. They falsified documents and submitted it to the county saying
that they did do work. So what's the resolution for Liberty Concrete?
MR. CASALANGUIDA: Sir, I'm not going to jump the County
Attorney, but I think it would be court. If the prime contractor vendor
says, I did the work --
COMMISSIONER HENNING: Right.
MR. CASALANGUIDA: -- I'm the one who you have the
contract with and I signed that affidavit and yet someone who worked
underneath them says, wait a minute, I'm a subcontractor, I did the
work, that becomes a fight outside of the four corners of the county.
That becomes a private fight, not ours. We received the goods and
service.
COMMISSIONER HENNING: But is that the right thing?
COMMISSIONER HILLER: Wait a minute. Isn't Liberty your
friend. Or is -- Crystal, is it you or Dwight who are friends with the
owner of Liberty?
Are you friends with the owners of Liberty?
COMMISSIONER HENNING: No, I'm not done yet.
MS. KINZEL: You know, Commissioner Hiller, that's really
interesting that that rumor -- I've never laid eyes on Bobby Tatum until
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he filed the complaint about BQ Concrete not paying --
COMMISSIONER HILLER: Nobody's friends?
MS. KINZEL: No, ma'am.
And to make those kinds of accusations on the record are
unreasonable, so --
CHAIRMAN FIALA: Let's get back to Commissioner Henning's
questioning, please.
COMMISSIONER HENNING: What's the resolution on that?
CHAIRMAN FIALA: One thing at a time.
CLERK OF COURTS BROCK: Commissioner, look at --
COMMISSIONER HENNING: Let me ask --
COMMISSIONER HILLER: I believe Liberty sued --
COMMISSIONER HENNING: -- Jeff Klatzkow.
CHAIRMAN FIALA: Wait just a minute. Let's --
COMMISSIONER HILLER: -- BQ.
CHAIRMAN FIALA: Ma'am, let's listen to Commissioner
Henning, please.
COMMISSIONER HILLER: Liberty sued BQ.
CHAIRMAN FIALA: We'll hear from Commissioner Henning.
COMMISSIONER HENNING: Jeff?
MR. KLATZKOW: If we had withheld payment from BQ so that
the county didn't pay for the work and Liberty comes in and says
listen, we're the ones who did the work, ultimately I think the fair thing
would be then you'd probably want to run it through a court just to
make sure this entire dispute was taken care. The ultimate result would
be Liberty should be paid if they did the work.
COMMISSIONER HENNING: Well, yeah, that's -- so we have
investigations going on by different agencies on defrauding
government that needs to be settled first. Would that be the correct
order?
MR. KLATZKOW: You've got two separate issues. The work
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was done, okay. So let's say the value of the work was $25,000. BQ
invoices us for 100,000, okay. We have a separate issue with BQ as
far as the fraud goes, but ultimately the work got done.
But ultimately I would bring suit, I would name both BQ and
Liberty and, you know, let the court decide whether or not Liberty
should get paid and then be done with it.
COMMISSIONER HENNING: Well, does anybody have any
objections of doing that?
COMMISSIONER HILLER: Yes. Can I speak?
COMMISSIONER HENNING: Besides Commissioner Hiller,
does anybody have any objections to getting Liberty paid?
COMMISSIONER HILLER: Yes, Liberty has already filed suit.
As I understand, Liberty filed suit against BQ and has a judgment
against BQ. And I'm not -- and Liberty also hasn't provided evidence
that they did do the work. In fact, I think that was one of the issues,
they didn't produce time cards, evidence of payment. There's no --
there is -- other than their claim that they have done it, we're again in a
situation where there's no proof.
MR. KLATZKOW: Commissioner the issue is whether we paid
BQ or not. I don't know if we paid BQ.
COMMISSIONER HILLER: Did you pay BQ?
CLERK OF COURTS BROCK: Yes, we paid BQ.
MR. KLATZKOW: Well, that's the end of the discussion.
COMMISSIONER HILLER: That's the end.
MR. KLATZKOW: Because then Liberty's --
COMMISSIONER HENNING: Yeah, but what about Coastal?
Did BQ get paid for $25,000? They did.
CLERK OF COURTS BROCK: (Nods head affirmatively.)
COMMISSIONER HENNING: So we'd have to go after BQ to
recoup that money. Okay.
COMMISSIONER HILLER: And that's the improper payment
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that the Clerk made.
CLERK OF COURTS BROCK: Commissioner --
COMMISSIONER HENNING: The validation of the county
staff--
CLERK OF COURTS BROCK: I want you to look up there.
You know, Commissioner Nance says oh, yeah, go out and look at the
wall. Commissioner, they said that -- I understand that by authorizing
items for payment I'm attesting that the goods have been received and
verified that the services have been performed.
COMMISSIONER NANCE: There's not a wall there, sir? Is
there a wall?
MR. KLATZKOW: If we get vendors committing fraud on us,
staffs not going to find it.
COMMISSIONER NANCE: Hold on, sir.
That's a blanket attestation that probably is printed on every damn
thing everybody signs off on, okay? So it covers two different things:
Have we received goods or have we received services. If somebody
bartered for a wall and they said, look, here's the wall, we're going to
build it six feet high and six feet wide and two feet thick, okay, is there
a wall out there? And the operations guy goes out there and somebody
asks him, did we get the wall, and he says yes, do you have a problem
with that?
CLERK OF COURTS BROCK: In other words, what you're
telling me is that we can't rely upon you and your staff for anything; is
that correct?
COMMISSIONER NANCE: No, I'm not, sir. You're talking
about what he attested to. He is the person in the chain of command
that was supposed to say did we receive a wall? Yes, there is a wall.
That's all he knows about. He doesn't know what Mrs. Markiewicz did,
what anybody else did or whatnot. If he's supposed to supervise
operationally -- attest that there's a wall, there's a wall. What else is he
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supposed to know? Is he supposed to go in back of everybody else and
do everybody's job? Is each person in this chain of authority supposed
to do everybody else's job, or is there a division of labor? Of course
there's a division of labor.
All he's saying is we got the wall or the wall's been repaired or the
leak's been stopped or whatever was bartered for.
MS. KINZEL: Okay, excuse me.
Commissioner Fiala, may I respond to that?
Commissioner Nance, they attest to more than the wall being
built. It is county staff that actually issues the work order, it is county
staff that determines the value of the job to let that work order. It is --
they're supposed to get quotes identified to the contract rates, and that
is all done by that department, yes, sir.
COMMISSIONER NANCE: Travis did all that?
MS. KINZEL: His staff and Travis did that at Road Maintenance,
yes. They issued each other's work orders. If you go back to the
slides, the work orders are issued and the project is valued.
So what you're indicating to us is that a construction contract
manager and project manager did not know that a $6,800 wall was
being charged $25,000 plus dollars.
You know, I -- at the project management level, yes, I believe
they are responsible for at least identifying the value according to the
contracts. That's why we ask them to attest to us.
The Clerk's Office doesn't go to every project. We're not
construction managers, we're invoice reviewers. We review the
invoice to the contract. If the county staff has said yes, we've gotten
these goods and services for this value, they're in a far better position
to determine the appropriateness of a value of a wall than we are. And
they sign off on each and every one of those and then submit them to
the Clerk for payment.
And you know, this reminds me somewhat like the IRS, you
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know. Yes, Commissioner Hiller, we paid some of these. But, you
know, when you find out that you're getting defrauded, then you go
back and you review what you relied on and you audit differently.
And we went back and looked at more of these and identified more of
the issue. Does that make it inappropriate on our audit process? No, it
does not. We were lied to in all of these circumstances.
COMMISSIONER HILLER: You failed to properly audit
because you didn't request the underlying invoice from the source.
MS. KINZEL: Commissioner Hiller, we got the underlying
invoice from your staff, signed off by your staff The fact that it was
falsified we later discovered.
You know, we process over 100,000 invoices a year and you're
saying that I have to go to every subcontractor, every vendor and make
sure that that invoice is real?
CLERK OF COURTS BROCK: With 20 people on staff and you
have 1,600 out there doing this? Is that your suggestion,
Commissioner?
COMMISSIONER HILLER: I will tell you, I certainly -- if I'm
auditing, I'm going to audit to the source and I'm not going to audit --
I'm not going to rely on documents from the staff that I'm auditing to
determine that they're doing right, because you are auditing county
staff. And to require the supplier to provide the invoice directly as
opposed to requiring the contractor to provide his subcontract invoice
if it's a cost plus engagement, then yes, absolutely. And that's not a big
deal and it's not hard to do. And 100,000 is not a big number.
CLERK OF COURTS BROCK: And we can't rely upon your
1,600 people to do anything?
COMMISSIONER HILLER: That's not the issue.
CHAIRMAN FIALA: Folks.
CLERK OF COURTS BROCK: We have to do everything?
COMMISSIONER HILLER: You're auditing. You're auditing to
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legality.
CHAIRMAN FIALA: We're not getting anyplace.
CLERK OF COURTS BROCK: Commissioner, you don't audit
CHAIRMAN FIALA: We're not getting anyplace.
CLERK OF COURTS BROCK: -- each and every thing --
CHAIRMAN FIALA: Everybody is arguing but we're not
making any advances or coming to any conclusions or even solving the
problem. And I just don't know what to do. Do you think maybe we
ought to take a little 10-minute break and just get a breather and give
our court reporter a little bit of a break too?
COMMISSIONER NANCE: Great idea.
CHAIRMAN FIALA: Okay. Thank you, just 10 minutes.
(Recess.)
CHAIRMAN FIALA: Okay, Commissioner Nance, you have
your button on.
COMMISSIONER NANCE: I have my button on here.
MR. OCHS: Are you ready to start?
COMMISSIONER NANCE: I'm looking at this agenda item. I
don't know how we got in an in-depth investigational fraud.
CHAIRMAN FIALA: Yes, let me just -- there we go.
MR. OCHS: You have a live mic, Commissioners.
COMMISSIONER NANCE: Yeah, I don't know how we got
over on an in-depth discussion of-- I mean, I don't even know where
this is in the process or how we even got in here. This agenda item
says, I'm just taking Commissioner Taylor at her word here,
recommendation the Board of County Commissioners direct the
County Manager work with the Collier County Clerk of Courts, that
would be Mr. Brock, to develop a process that will ensure prompt
payment of invoices.
So I don't know where we got on here on that. But, you know,
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I'm saying we've got a process that will help us get prompt payment of
invoices already, or at least were sufficiently outlined.
So, you know, I'm going to make a motion to just table this item.
I don't think we need to take action on it. I don't know where we're
going, but it looks like the discussion has deteriorated into a -- I don't
even know what kind of structure we have or what we're hoping to
gain but I don't think we should continue this for another hour, because
I don't think we're working towards anything that I'm aware of.
CHAIRMAN FIALA: Do I hear second on the motion?
COMMISSIONER HILLER: I'll second it.
CHAIRMAN FIALA: I hear a second on the motion.
Now, I know I wanted to hear from Commissioner Henning, even
though his button isn't on right now, but he has something to say.
But Commissioner Henning, would you mind if we voted on this
motion first?
COMMISSIONER HENNING: No, I just want to know when
it's going to come back. I mean, when you're tabling it you want to
resolve the issue.
COMMISSIONER NANCE: All right, let me change it. Let me
make a motion to deny, because we already have it.
COMMISSIONER HILLER: I second it.
CHAIRMAN FIALA: Okay, so you restated your motion to
deny?
COMMISSIONER NANCE: Yeah. You know, I'm just trying to
terminate this conversation because I don't think it's productive.
CHAIRMAN FIALA: And then Commissioner Hiller seconded
that.
Does that answer your question, Commissioner Henning?
COMMISSIONER HENNING: On the motion, yes.
CHAIRMAN FIALA: Okay, very good.
COMMISSIONER HENNING: Even those I don't agree with it,
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but --
CHAIRMAN FIALA: Any other comments?
COMMISSIONER TAYLOR: Yes, I have a comment, as I put it
on the agenda.
I think for me as a relative newbie up here, I need the county staff
to define what they are responsible for on the field and what they're
responsible for in documentation, and what that means. And once I --
CLERK OF COURTS BROCK: That has been defined as to
what the responsibility is.
COMMISSIONER NANCE: Let's vote on my motion. If you'd
like to bring back another item to more clearly understand what our
process is --
CLERK OF COURTS BROCK: May I respond before you do
that?
COMMISSIONER TAYLOR: Well, again, I would just -- I
would really like to know what that is so that I understand it. Because
I think there's a lot of finger pointing from everywhere. But if there's
some muddiness about who's responsible for who, it sounds like
government at its worst. They point fingers. You know, it's like this
bureaucratic mess. And that's not what I, as an elected official, want to
be part of. I want the bucks to stop somewhere. And so I don't know
where that is and I'm not sure we can make that decision today.
CHAIRMAN FIALA: I don't know either, so that's why I think
this is exactly why Commissioner Nance has made his motion --
CLERK OF COURTS BROCK: Madam Chairman?
CHAIRMAN FIALA: Yes.
CLERK OF COURTS BROCK: You have a definition of the
responsibilities --
CHAIRMAN FIALA: Yeah, but we're --
CLERK OF COURTS BROCK: -- of your project manager.
CHAIRMAN FIALA: -- kind of putting that aside right now.
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CLERK OF COURTS BROCK: And you need to read that.
I think that clearly delineates that they have the responsibility to
oversee, administer/coordinate work performed by consultants,
contract --
CHAIRMAN FIALA: So --
CLERK OF COURTS BROCK: -- administer annual contract,
monitor work, ensure compliance with the terms of the contract --
CHAIRMAN FIALA: This isn't --
CLERK OF COURTS BROCK: -- renew invoices for pay
requests submitted by consultants and contractors. You know, this is
all nonsense --
CHAIRMAN FIALA: It is.
CLERK OF COURTS BROCK: -- as to who's --
CHAIRMAN FIALA: So we have --
CLERK OF COURTS BROCK: -- responsibility it is. You have
the initial responsibility; I have the responsibility to audit what
transpired.
CHAIRMAN FIALA: So right now we're --
COMMISSIONER NANCE: Well, clearly, sir, nobody was
effective at doing any of their respective jobs, because it's apparent we
have fraud here and we're going to have to figure out what to do about
that, but that's got nothing to do with agenda item.
CLERK OF COURTS BROCK: And I'm not on the scene,
whereas they are.
COMMISSIONER TAYLOR: Okay. And then also I think it
should be noted, and before we vote on this, is that the unpaid vendors
here, there is a reason and a column on the left-hand side of why these
vendors are not being paid. And I do believe it can be addressed if
indeed the County Manager's Office and the Clerk's Office work
together. It is not unsurmountable. This is not voodoo magic --
CHAIRMAN FIALA: Yes, you make --
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April 12, 2016
CLERK OF COURTS BROCK: Commissioner? I've met with
the contractor --
CHAIRMAN FIALA: Okay, all those in favor --
CLERK OF COURTS BROCK: -- the fence contractors --
CHAIRMAN FIALA: -- signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: And opposed?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay, that's 3-2.
And Commissioner Henning, you wanted to say something, and
I'm sorry that we didn't get there. So --
COMMISSIONER HENNING: No, no, no, not on this item.
CHAIRMAN FIALA: No, I know that.
COMMISSIONER HENNING: And it's because I have an
appointment coming up that's going to be late anyways.
However, you know, on this particular item if you can get this
copy of it, maybe it would explain how we can pay further the --
maybe settle some of these issues.
The action of the board, it takes a supermaj ority for any action,
correct?
MR. OCHS: Excuse me?
COMMISSIONER HENNING: It takes a majority of the Board?
MR. CASALANGUIDA: Yes.
COMMISSIONER HENNING: You still remember that, right?
MR. OCHS: Except in some cases it takes a supermajority,
you're right.
COMMISSIONER HENNING: Some cases. Any direction.
MR. OCHS: Yes.
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COMMISSIONER HENNING: On a good news item, I -- going
through the permitting process in growth management or community
development as we used to know it, I first went to Nick and I said, you
know, Nick, I don't want to be treated in any way special in this
process. You know, I just want to be treated just like the average guy
coming in there to get a permit.
And I can tell you, staff has taken their time to answer my
questions, as I'm naive of the process, and sometimes when I'm not
satisfied they continue to answer my question 'til I understand it. That
was the first process.
However, they -- whether it be contractor licensing, zoning
department, you know, the ladies, the intake personnel at the counter,
the permitting review, the inspectors, it's been a wonderful process.
And I can't understand why anybody nowadays since Jamie French
and Nick is -- and now David Wilkison is over the process, why
anybody would have any problems. Because they're there for a truly
customer service. And if all government, I'm not talking just Collier
County government, but all government agencies would do work like
they do at growth management, wow. You know, it's truly a good
service. So kudos, and thanks for the great service.
And I asked Nick, I said geez, can I take a case of Budweiser over
there for thanks? He said no, you can't do that. So he told me what to
do and I did it.
MR. OCHS: Commissioner, thank you very much for those kind
remarks.
CHAIRMAN FIALA: That was a nice note to end on.
COMMISSIONER HENNING: And everything I said is true.
It's a great experience of customer service. Government that does
work is a true example over there.
CHAIRMAN FIALA: Thank you, Commissioner Henning.
Thank you.
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Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: I think that was the start of your Item 15, ma'am,
which is our last item.
CHAIRMAN FIALA: So what Item 15 is, is Commissioner
comments. Do I have any other Commissioner comments?
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
The BQ case is under investigation by FDLE. And the Clerk,
when asked whether or not there was a crime committed, stated that we
had to draw our own conclusions, notwithstanding the fact that he's
clearly engaging improperly in his own internal criminal investigation
which he would like to call an audit.
It's very disturbing that he came before this Board and spoke the
way he did, knowing that FDLE is in the process of investigating this
case. Everything that he presented before us today the County
Manager and the County Attorney are aware of and have been aware
of for a long time. And as soon as the County Manager became aware
that there was a discrepancy between the documents, which I brought
to his attention, he addressed it immediately. And he was in front of
law enforcement within one hour. The time it took him to pull the
documents together was all the time he took before he went straight to
law enforcement.
What was presented here this afternoon -- or I should say the
reason that this was presented here this afternoon, I don't know. But
I will tell you that it concerns me that his presentation could in some
way compromise FDLE's investigation, and that is completely
unacceptable. It is unprofessional and unacceptable.
And as I said earlier, improper payments were made, he failed to
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properly audit, and as a result of his improper pre-audit of these
transactions, public monies were paid to a vendor. And he didn't tell
the Board he made that mistake. If it is a mistake. If there is a crime
that was committed. And we're still waiting for FDLE to let us know
that.
I don't think this matter with respect to BQ should be addressed
further by this Board until FDLE comes back and tells us what their
findings are. I think any further discussion on this matter would be an
improper interference with their criminal investigation.
CHAIRMAN FIALA: Thank you.
Any other comments, Commissioner Hiller?
COMMISSIONER HILLER: Let me think. Do we have a
holiday coming? Is there anything good coming up?
CHAIRMAN FIALA: Yeah, tomorrow.
COMMISSIONER HILLER: What's tomorrow?
CHAIRMAN FIALA: It's a holiday. We're not here.
COMMISSIONER HILLER: Oh, we're not? What's the holiday?
CHAIRMAN FIALA: No, there isn't, we're not here.
COMMISSIONER HILLER: Oh, we're not here. Oh, yeah,
you're right. You're absolutely right.
I'm trying to think if there's anything that I want to share.
Nick, has anything good happened that we ought to report?
MR. CASALANGUIDA: Anything good happen? I could give
you a list.
COMMISSIONER HILLER: No, no, have I done anything
lately? I work so hard, I don't even remember what I do.
MR. CASALANGUIDA: I'll bite my tongue.
CHAIRMAN FIALA: Okay, we'll move on to Commissioner
Taylor.
COMMISSIONER HILLER: No, I just want to say that I really
am very, very proud of our top management that is committed to doing
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the right thing for the right reason in ensuring that our staff does follow
the law. And we in an organization as large as ours is, we are going to
have problems. And that is why we need internal control and that is
why we need a Clerk who will ensure that improper payments are not
made by properly pre-auditing and testing for the legality of
expenditures.
So thank you. Thank you. And continue to set the standard. And
if you find that something is wrong, report it to the police, get whoever
did wrong arrested and let's protect the public's interest, like you've
been doing all along. Thank you.
CHAIRMAN FIALA: Okay, Commissioner Taylor?
COMMISSIONER TAYLOR: First of all, happy birthday to you
COMMISSIONER HILLER: Is it your birthday?
COMMISSIONER TAYLOR: Happy birthday to you.
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: Oh, my God. Why didn't you say
something? What's wrong with you? Happy birthday.
CHAIRMAN FIALA: Thank you. Tomorrow.
MR. OCHS: Happy birthday.
MR. CASALANGUIDA: Happy birthday.
COMMISSIONER HILLER: Why didn't we have a cake?
COMMISSIONER NANCE: Well, at least you got a piece of
carrot and some dip or something.
COMMISSIONER HILLER: I mean, like really.
CHAIRMAN FIALA: I almost brought a cake, but then I thought
everybody would yell at me.
COMMISSIONER HILLER: I wish someone had said
something.
CHAIRMAN FIALA: Oh, it's not important, for goodness sake.
COMMISSIONER HILLER: I mean, it would have been gluten
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April 12, 2016
free, for what it's worth.
Happy birthday.
CHAIRMAN FIALA: I bet that tastes like styrofoam, right?
COMMISSIONER HILLER: No, it tastes so good.
It tastes awesome, you must admit. Gluten free is good.
CHAIRMAN FIALA: Okay, Commissioner Taylor, on to the
next subject.
COMMISSIONER TAYLOR: On to the next subject is I've
heard from the neighbors regarding the RaceTrac waiver that's going to
come before us in May, and they're asking if we could do a meeting
after 5:00, because this is a working crew. These neighbors are
working and it would be helpful if they could meet at --
CHAIRMAN FIALA: Is this the one at Palm Drive.
COMMISSIONER TAYLOR: That's correct, yes.
So I don't expect an answer now, but do we have --
COMMISSIONER NANCE: A Board of County Commission
meeting after 5:00?
COMMISSIONER TAYLOR: Yes, sir.
COMMISSIONER NANCE: Because?
COMMISSIONER TAYLOR: They work and they want to
participate in the waiver. You're serious. You are serious, aren't you?
COMMISSIONER NANCE: I'm very serious.
COMMISSIONER TAYLOR: Oh, my gosh, where have you
been? You've been in Collier County too --
COMMISSIONER NANCE: Everybody in my district works,
ma'am. We'd never have a daytime meeting if we wanted to serve
those people.
COMMISSIONER TAYLOR: Oh, okay.
COMMISSIONER NANCE: Maybe you think your folks are
different, but I can tell you they're not.
COMMISSIONER TAYLOR: What do you mean, to have an
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evening meeting for this item.
COMMISSIONER NANCE: Well, look, it's already getting
ready to be after 5:00 and we started how many hours ago?
COMMISSIONER TAYLOR: Well, it doesn't mean -- it means
that we would recess. We did that all the time in the City Council,
we'd recess and reconvene.
CHAIRMAN FIALA: She's talking about a Board Meeting after
5:00 for the people in her district by the RaceTrac --
COMMISSIONER TAYLOR: No?
CHAIRMAN FIALA: -- to have a meeting after 5:00.
COMMISSIONER TAYLOR: I hear no?
COMMISSIONER HILLER: For what?
CHAIRMAN FIALA: For the RaceTrac thing -- issue. Because
she said they work. And so then Commissioner Nance is responding
that so do his people.
COMMISSIONER NANCE: Well, is there going to be any new
information introduced that we haven't already received 500 emails
and 300 letters on that's --
COMMISSIONER TAYLOR: I think it's public participation,
sir.
COMMISSIONER NANCE: Oh, I understand.
COMMISSIONER TAYLOR: And I think we work for the
voters. Last time I looked.
COMMISSIONER NANCE: Okay.
COMMISSIONER HILLER: County Attorney?
COMMISSIONER TAYLOR: So we don't have to make a
decision now, we can -- we've lost one of our members, so we can wait
'til -- and have him weigh in. But that is something I -- maybe we
could --
COMMISSIONER NANCE: You're suggesting that that be
considered.
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COMMISSIONER TAYLOR: Yes.
COMMISSIONER HILLER: How do we -- you know, we have
so many -- we have a lot of controversial issues. I mean, are we going
to start having meetings at night on every controversial issue so
everyone can attend? I mean, I don't know --
MR. KLATZKOW: Commission Board policy. You get to
choose whatever policy you want.
COMMISSIONER HILLER: I don't think we can do it for one
group and not do it for all of them. And then at that point --
MR. KLATZKOW: There are some Boards of County
Commissioners that meet in the evenings and they will meet 'til 2:00,
3:00 a.m., by the way.
COMMISSIONER TAYLOR: That's right.
MR. KLATZKOW: I would not recommend that.
COMMISSIONER TAYLOR: Come on.
MR. KLATZKOW: Your constituency tends to be older, I don't
think they would last.
COMMISSIONER NANCE: So now we have to conduct all of
our business between 5:00 p.m. and 8:00 p.m. because it's nap time at
8:00?
MR. KLATZKOW: I don't know what to tell you.
COMMISSIONER NANCE: Okay.
COMMISSIONER HILLER: And, you know, it's interesting
because we have an elderly population that finds it difficult to come
here at night, which is one of the reasons why we hold the meetings
during the day.
MR. KLATZKOW: And a lot of them are retired. But at the end
of the day it's Board policy, whatever you guys want.
CHAIRMAN FIALA: Okay, so Commissioner Hiller, if you'd
like -- I mean Henning -- or Taylor. Oh, gosh.
COMMISSIONER TAYLOR: It's been a long day.
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April 12, 2016
CHAIRMAN FIALA: Would you like to bring it up again at
another meeting --
COMMISSIONER TAYLOR: I will, okay.
CHAIRMAN FIALA: -- and maybe discuss it during a Board
meeting?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN FIALA: Anything else?
COMMISSIONER TAYLOR: Yes. And this is a good news
item. I think we should note that our new Collier County Medical
Society Physician of the Year is our own Dr. Tober.
CHAIRMAN FIALA: Yeah, I read that.
COMMISSIONER TAYLOR: So I think congratulations for his
achievements and I think we should be very honored that he achieved
that recognition. Thank you. That's it.
COMMISSIONER NANCE: Well, actually before I continue, I
will tell you that I didn't realize that they began doing that, but the first
person to be recognized was Dr. Paul Mitchell, who was one of the
physicians that came down with Cleveland Clinic. And for a period of
time he was the Dean of the Wayne State Medical School and my
personal physician for a while before he went to Avow Hospice. And I
will tell you a wonderful man.
COMMISSIONER HILLER: Me, too.
COMMISSIONER NANCE: Just a demeanor that was amazing.
And so it's good that these guys have the ability to be recognized.
COMMISSIONER HILLER: And actually Dr. Paul Mitchell was
my physician also.
COMMISSIONER NANCE: He's amazing. And his wife was an
amazing physician as well.
COMMISSIONER HILLER: And he's left town and he's moved
to Atlanta now. And he's one of the, I mean, nationally recognized
physicians in the area of palliative care.
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April 12, 2016
COMMISSIONER NANCE: He's amazing.
COMMISSIONER HILLER: And he's helped so many people.
He's truly a phenomenal man.
CHAIRMAN FIALA: They make Paul Mitchell hair products?
COMMISSIONER NANCE: That's a different guy, ma'am.
COMMISSIONER TAYLOR: Different guy, different. The
person behind that, his last name is not Mitchell --
COMMISSIONER NANCE: Anyway, what I wanted to say is
just kind of related to a little bit of discussion we had today. I wanted
to say one thing about operations staff. And, you know, I use that
word a lot because that's what I did professionally for most of my adult
life.
An operations person is a person that's responsible for getting the
ultimate work product, the physical work product accomplished on the
ground. And we have a lot of jobs in the county where that's required.
These jobs a lot of time are the jobs that everybody depends on to
make things continue to work to repair something, to build something
new, to get across all the attendant problems that it takes to end up
with the work product that whatever their office or division is
responsible for.
This is not glamorous work most of the time, it's not work where
you get a lot of notice. It's kind of expected that you're going to do it.
You have to do it in all sorts of weather. You have to do it in all sorts
of conditions. You have to do it under many demands from many
different people. Usually doesn't get a pay that's as much as some of
the other personnel.
And you know, when I came to work with the county
government, completely new to me, because I worked with a very
aggressive administrative part of the business when I was director of
operations for Gargiulo, but it was a different administration.
Government administration has many, many more layers of
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April 12, 2016
accountability and qualifications because it's with public money, and
so much transparency is required just by the nature of it. And that's
what the public demands and rightfully so.
But I want to tell you that from my point of view I don't believe
we can put a lot of administrative burden on these operations
managers. They just need to be focused on the work product that they
do. They need to be supported by a lot of administrative staff And no
administrative staff person ever wants to hear that.
But the guy that's the bricklayer needs a lot of people helping
him, if you really want to build a good wall. And that's what we need
to do. We need to be cognizant of the pressures that these operations
people have and not expect them to do anything except what their job
encompasses. And I think muddying the water on that is going to
produce very bad results for us in the end. So I'm just kind of sticking
up for the operations guys a little bit, because I know they're the guys
that are out there 24/7 getting the job done and hopefully making
everybody look good. Because if they don't do their job, if they don't
get it done, get it fixed or get it built, nobody else gets a happy result at
the end of the day.
So I just want to stick up for those guys a little bit. And I know
we've got literally thousands of them working in the county every day
and they deserve a little bit of credit for hanging in there under adverse
conditions.
That's it.
MR. OCHS: Thank you, sir.
CHAIRMAN FIALA: Thank you.
And sometimes a picture is painted by an artist and they paint the
picture how -- as to whatever they want it to look like, and then each
person that goes by interprets it differently.
COMMISSIONER NANCE: Oh, yeah.
CHAIRMAN FIALA: And when they interpret it, when they tell
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April 12, 2016
others, it even changes what it looks like again. It's interesting to see
how that all goes.
But I totally agree with you. I'm sure that I'm speaking for other
people as well here, but boy, every time I have a problem, I don't care
whether it's a pothole or a dog barking or can't get a permit or
whatever, I go to staff and bingo, they fix it. And I'm so happy. It
makes me look good but I didn't do anything, all I did was make a
phone call, they did the work. And they deserve a lot of credit, and so
I agree with you. And I think you're --
COMMISSIONER NANCE: Well, sometimes people -- things
seem very, very simple, and nobody imagines the run-up in getting a
little something constructed somewhere. These -- had no idea what the
conditions were, what people went through, what they had to
overcome to do it. But, you know, it's expected that it's there on time
and under budget and it takes sometimes Herculean efforts to do that.
It really does. And people -- you know, they just want to know it's
done, that's all they want. They want to look over and go, yeah, I see it
over there, thanks, appreciate it, you did good. And they're like, man,
there's 100 hours and a couple quarts of blood involved in getting it
done.
CHAIRMAN FIALA: Now, one of the things I wanted to ask
you, as I'm the last one to speak now, is a long, long time ago we used
to have a receptionist in our front office. It was great because when --
well, right now we have a few through the aides who actually work in
other offices most of the time, and if my aid happens to be on a lunch
hour and Commissioner Taylor's aide happens to have left to go pick
up the mail, the office is totally empty and there's nobody there to talk
to anybody. And yet the doors are open and somebody walks in and
they don't even know who to talk to.
And I was wondering if we could consider bringing a receptionist
back who -- there are plenty of other duties that they could also care
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about or take care of like the proclamations and like the mail and like
getting all the things that the -- what are those guys called from the
court system where you have to sign something and you have to come
in?
MR. OCHS: Couriers and process servers.
CHAIRMAN FIALA: Bailiffs, I think it is, or something like that
where they have to -- there's a lot of duties that we've had to pass on to
your office, Leo, as well as other people. Maybe we could bring them
back in house again and have a receptionist to answer some of these
needs.
So I was just going to put that out there for the other
Commissioners to consider. And if you think it's a viable thing, I can
put it on an agenda or maybe we could just approve it.
MR. OCHS: Well, you're moving into your budget season,
Commissioners. And if you would like me to prepare that as an option
in working with each of you on your budget for that office, I'd be
happy to do it, if the Board would like to see that as an option. It's up
to you.
COMMISSIONER NANCE: From my part, I would prefer if
you assess the total amount of reception duties that we actually have
and figure out how we're going to meet the different needs of those
different duties. Because I'm -- I understand what Commissioner Fiala
is saying, but I'm not sure there's enough work there. If I was out there
in that office waiting for somebody to come in, I'd be looking for that
bullet. Because there ain't nobody -- you know, there's a few people
walking through. I just don't -- I question whether the workload
justifies a full-time person.
Now, that having been said, I don't want to see the work pushed
off on the people that are present in the office. That's not what I'm
saying. What I'm saying is I think it deserves an assessment of what
we really have going on, how many people are coming in, who needs
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April 12, 2016
to be serviced so that we make sure that we service -- that we do what
needs done as efficiently as we could.
CHAIRMAN FIALA: It doesn't look like there's as much to do
as there is, because we passed it all down on to Leo's office and they've
had to pick up what the receptionist used to do because we don't have
anybody there to do it.
COMMISSIONER NANCE: Well, we need to take that into
account. I mean, how many people do we need? I know the minimum
is one. Okay, that's the minimum of people you can have do anything
is one person. Do we need more than one?
MR. OCHS: If I could get three nods to perhaps work with my
HR staff and do a little desk audit, see what the true needs are --
COMMISSIONER NANCE: Yeah, that's what I would do.
MR. OCHS: -- and current duties and responsibilities are, I can
work on that and then incorporate that into the budget and you can see
that as an option.
CHAIRMAN FIALA: It's also going to benefit because this
summer, now, we're going on vacations, and each person deserves to
have a vacation. And then it's going to be just up to one person. And
if they happen to get sick or just have to go out to lunch, then there's no
one there.
COMMISSIONER HILLER: You know, just evaluate it. And
maybe it's like during holidays, maybe it's, you know, during certain
times of a week. I mean --
MR. OCHS: Maybe it's a job sharing thing.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: Yeah, maybe it's job sharing thing.
CHAIRMAN FIALA: Good, thank you.
Do I have three nods?
COMMISSIONER NANCE: Yeah.
COMMISSIONER HILLER: Could I say one last thing?
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April 12, 2016
CHAIRMAN FIALA: Okay. Well, wait, wait. You can say one
last thing, because I'm just -- thank you very much, we'll do that then.
Two things. There's nobody left watching in the audience, why
would they be, but don't forget, the hurricane planes are going to be in
town May 20th from 10:00 to 4:00, and you might just want to go over
to the Naples Airport because that is going to be a fun thing to see, and
probably all their charts and everything else they're going to bring, and
I think people will enjoy that.
And of course we have a pickleball tournament coming up pretty
soon too. It's April 26th to the 30th -- to the 1st of May.
And I want to tell you that people in Parks and Rec have done an
outstanding job. You should see, I go over and watch them all the time
as they put layers on these things. And they are working their heads off
to bring that place up. I never saw so many pickleball courts in one
area in my life. There must be over 50 of them, right?
COMMISSIONER NANCE: Are you a contract promoter of
pickleball?
CHAIRMAN FIALA: Yes. But nobody pays me.
COMMISSIONER NANCE: Well, I was going to say,
somebody's missing a bet.
COMMISSIONER HILLER: Let me just say this: You have
every potential to get paid. Because with your pickleball line of
jewelry, you know, Donna Fiala. I can see -- what's the name of that
jewelry channel, QVC or whatever, where they do like the pickleball
ring and the pickleball necklace and yours or 88.99. Three
installments.
COMMISSIONER NANCE: I want to tell you something, you're
making a joke out of that. I'll bet you if you put pickleball jewelry, one
little ad in USA today, you'd have to hire a whole factory in China to
catch up to the orders.
COMMISSIONER HILLER: Don't run for reelection. Start the
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April 12, 2016
Donna Fiala pickleball line of everything and let Commissioner Nance
be your business consultant.
COMMISSIONER NANCE: People have become millionaires
off of less than that, I promise you.
COMMISSIONER HILLER: I believe that.
MR. OCHS: Chia pets.
CHAIRMAN FIALA: And with that, did you --
COMMISSIONER HILLER: Chia.
Yes, I did.
County Attorney, could you please clip the entire discussion that
was had over BQ and the Clerk's exhibits and send it to FDLE, please?
And they should be fully aware of what was discussed here today so
that they can take --
MR. KLATZKOW: You want that for Leo or for me?
COMMISSIONER HILLER: Whoever. I'm sorry. Whoever --
MR. KLATZKOW: You're looking at Leo going --
CHAIRMAN FIALA: Yeah, but you said County Attorney.
COMMISSIONER HILLER: I look at you now as Siamese
twins.
MR. KLATZKOW: We were separated at birth.
COMMISSIONER HILLER: I no longer distinguish you as
individuals. I think we have a hybrid species here, the County
Attorney/Manager.
So I don't care, whoever wants to do it. I was looking at you. But
it --
MR. OCHS: I just need three nods.
COMMISSIONER HILLER: Yeah, because I think under the
circumstances --
CHAIRMAN FIALA: Do I have --
MR. KLATZKOW: Actually, you need two nods right now.
COMMISSIONER HILLER: I think we really need to --
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April 12, 2016
COMMISSIONER NANCE: I'm nodding off. I'm not --
COMMISSIONER HILLER: -- package everything that was
discussed and send it to them, if you would.
MR. KLATZKOW: I just think Troy should do it, how's that?
COMMISSIONER HILLER: What's that?
MR. KLATZKOW: We'll let Troy do it.
COMMISSIONER HILLER: Oh, Troy, there you go.
Yeah, please make sure that they have all of it, the video and the
exhibits.
CHAIRMAN FIALA: Okay, folks, with that, thank you very
much for sticking with us, Cherie', that was just a --
COMMISSIONER HILLER: Yeah, Cherie', you're amazing.
Thank you.
CHAIRMAN FIALA: -- wonderful thing.
With that, have a nice rest of the day. Meeting adjourned.
**** Commissioner Nance moved, seconded by Commissioner
Hiller and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE
ROADWAY SEGMENT OF VANDERBILT BEACH ROAD
FROM US41 TO GOODLETTE-FRANK ROAD, WITH TWO (2)
RECOGNITION SIGNS AND TWO (2) ADOPT-A-ROAD LOGO
SIGNS AT A TOTAL COST OF $200 WITH THE VOLUNTEER
GROUP, DOWNING-FRYE REALTY, INC. — A PROGRAM
DEVELOPED THROUGH A PUBLIC/PRIVATE PARTNERSHIP
TO PROVIDE SAFE AND CLEAN ROADS BY REMOVING
ROADSIDE LITTER IN ACCORDANCE WITH INSTRUCTIONS
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April 12, 2016
OUTLINED IN THE AGREEMENT
Item #16A2
AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE
ROADWAY SEGMENT OF LAKE TRAFFORD ROAD FROM
CARSON ROAD TO LITTLE LEAGUE ROAD, WITH TWO (2)
RECOGNITION SIGNS AND TWO (2) ADOPT-A-ROAD LOGO
SIGNS AT A TOTAL COST OF $200 WITH THE VOLUNTEER
GROUP, LAKE TRAFFORD ELEMENTARY SCHOOL — A
PROGRAM DEVELOPED THROUGH A PUBLIC/PRIVATE
PARTNERSHIP TO PROVIDE SAFE AND CLEAN ROADS BY
REMOVING ROADSIDE LITTER IN ACCORDANCE WITH
INSTRUCTIONS OUTLINED IN THE AGREEMENT
Item #16A3
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 389RDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145.
(ESTIMATED FISCAL IMPACT: $600) — A 1,500 SQUARE FOOT
VACANT RECTANGULAR EASEMENT LOCATED ON THE
EAST SIDE OF EVERGLADES BOULEVARD N. BETWEEN
GOLDEN GATE BOULEVARD E. AND 2ND AVENUE NE,
GOLDEN GATE ESTATES, NAPLES, FLORIDA
Item #16A4
EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD
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April 12, 2016
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 29ORDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145
(ESTIMATED FISCAL IMPACT: $5,100) — A 380 SQUARE FOOT
PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN
GATE BOULEVARD BETWEEN 20TH AND 22ND STREET SE
Item #16A5
EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 286RDUE) REQUIRED FOR EXPANSION OF
GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO
EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145
(ESTIMATED FISCAL IMPACT: $5,100) — A 48-FOOT WIDE
PORTION OF A PARENT TRACT AT 75300 20THST SE
Item #16A6
AWARDING CONTRACT #16-6584, IN THE AMOUNT OF
$310,337.50, TO COASTAL CONCRETE PRODUCTS, LLC,
D/B/A COASTAL SITE DEVELOPMENT, FOR COUNTY WIDE
PATHWAYS-CYPRESS WAY EAST SIDEWALK PROJECT NO.
60118.4 — TO INSTALL A SIDEWALK ON CYPRESS WAY E,
NORTH OF PIPER BOULEVARD TO EASTWOOD DRIVE
Item #16A7 — Continued to the April 26, 2016 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AWARD INVITATION TO BID (ITB)
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April 12, 2016
#16-6537R "ANNUAL CONTRACT FOR LANDSCAPE
MAINTENANCE" TO PRIMARY, SECONDARY AND
TERTIARY CONTRACTORS
Item #16A8
CLERK OF COURTS RELEASE OF A PERFORMANCE BOND
IN THE AMOUNT OF $81,300 POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER 60. 113 (PL20140000392) FOR
WORK ASSOCIATED WITH TWINEAGLES GRAND ARBORS
PHASE TWO C, BLOCK 109 — ASSOCIATED WORK HAS BEEN
INSPECTED AND THE DEVELOPER HAS FULFILLED HIS
COMMITMENTS WITH RESPECT TO THE SECURITY
Item #16A9
CLERK OF COURTS RELEASE OF A CASH BOND IN THE
AMOUNT OF $25,000 POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER 60.097 (PL20130001021) FOR
WORK ASSOCIATED WITH THE BEACH HOUSE ASSISTED
LIVING FACILITY (F/K/A MERIDIAN VILLAGE) — FOR THEIR
FACILITY AT 1000 AIRPORT PULLING ROAD S, NAPLES
Item #16A10
CHAIRMAN TO SIGN A UTILITY FACILITIES QUIT-CLAIM
DEED AND BILL OF SALE BETWEEN COLLIER COUNTY
AND KE TALIS PARK PROPERTIES, LLC, IN ORDER TO
RECONVEY TO KE TALIS PARK PROPERTIES, LLC ALL
IRRIGATION UTILITY FACILITIES ASSOCIATED WITH THE
DEVELOPMENT AT TALIS PARK DRIVE, PL20140000987,
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April 12, 2016
THAT WERE PREVIOUSLY AND ERRONEOUSLY CONVEYED
TO THE COUNTY — THE COUNTY DOES NOT ACCEPT
CONVEYANCE OF PRIVATE FACILITIES; RECONVEYANCE
WILL ALLOW THE PROJECT TO PROCEED AND IT WILL BE
BROUGHT TO THE BOARD FOR FINAL APPROVAL AND
ACCEPTANCE AT A LATER PUBLIC HEARING
Item #16A11
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
RIVERSTONE PLAT 3, PL20130001035, 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 — A FINAL INSPECTION BY STAFF ON
DECEMBER 29, 2015 FOUND THAT THE FACILITIES WERE
SATISFACTORY AND ACCEPTABLE
Item #16Al2
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
SATURNIA FALLS PLAT 1, PHASE 3, PL20130000615, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION
BY STAFF ON DECEMBER 29, 2015 DETERMINED THE
FACILITIES WERE SATISFACTORY AND ACCEPTABLE
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April 12, 2016
Item #16A13
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
SATURNIA FALLS PLAT 1, PHASE 1, PL20110002821, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION
BY STAFF ON JANUARY 12, 2016 DETERMINED THE
FACILITIES WERE SATISFACTORY AND ACCEPTABLE
Item #16A14
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
VI AT BENTLEY VILLAGE SALES CENTER, PL20140002129,
AND AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $5,897.24 TO THE PROJECT ENGINEER
OR DEVELOPER'S DESIGNATED AGENT — STAFF'S FINAL
INSPECTION JANUARY 12, 2016 FOUND THE FACILITIES
SATISFACTORY AND ACCEPTABLE
Item #16A15
DIRECTING THE COUNTY MANAGER TO PREPARE AN
INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES
FOR A JOINT STORMWATER AND SANITARY SEWER
IMPROVEMENT PROJECT FOR VARIOUS STREETS
BETWEEN GOODLETTE-FRANK ROAD AND US-41 — A
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April 12, 2016
PROPOSED COMPREHENSIVE SOLUTION THAT WOULD
HELP ALLEVIATE FLOODING IN THE AREA AND AN
INTERLOCAL AGREEMENT THAT WOULD IDENTIFY
DETAILS OF THE PROJECT AND WOULD BE PRESENTED TO
NAPLES CITY COUNCIL AND THE BOARD FOR APPROVAL
BEFORE THE PROJECT PROCEEDS
Item #16A16
A CHANGE ORDER FOR THE "ONE HUNDRED (100) YEAR
FLOOD ELEVATIONS FOR FIVE (5) BASINS IN COLLIER
COUNTY" PROJECT IN THE AMOUNT OF $50,000 FOR THE
ONGOING UPDATE OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) DIGITAL FLOOD
INSURANCE RATE MAP (DFIRM) AND EXTENDING THE
PROJECT COMPLETION TIME AN ADDITIONAL 365 DAYS —
CONTRACT #11-5626, CHANGE ORDER #13 THAT INCLUDES
A 2004 AGREEMENT WITH TOMASELLO CONSULTING
ENGINEERS, INC.
Item #16A17
COLLIER COUNTY'S 2016 BEACH RENOURISHMENT PLAN
AND TO MAKE A FINDING THAT THIS ITEM PROMOTES
TOURISM — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A18
AWARDING BID #16-6601 TO WATERFRONT PROPERTY
SERVICES, LLC D/B/A GATOR DREDGING FOR THE BID
AMOUNT OF $708,000 DATED FEBRUARY 18, 2016, FOR
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April 12, 2016
COLLIER CREEK INTERIM DREDGING; AUTHORIZE AN
ANTICIPATED MOBILIZATION SAVINGS OF $120,000 TO
BE SPLIT EQUALLY BETWEEN COLLIER COUNTY AND
THE HIDEAWAY BEACH DISTRICT THROUGH UTILIZATION
OF THE SAME CONTRACTOR; AUTHORIZE THE CHAIRMAN
TO EXECUTE A CONTRACT TO PERFORM THIS WORK;
AUTHORIZE NECESSARY BUDGET AMENDMENT; AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM.
PROJECT NO. 195-90064 — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A19
AWARDING INVITATION TO BID #16-6066 "AUTOMOTIVE
POWERED AIRBOAT AND TRAILER" TO DIAMONDBACK
MANUFACTURING, LLC IN THE AMOUNT OF $62,901 — THE
EXISTING AIRBOAT USED TO ROUTINELY MAINTAIN
SECONDARY AND TERTIARY DRAINAGE SYSTEMS IN THE
COUNTY HAS EXCEEDED ITS USEFUL LIFE
Item #16A20 — Moved to Item #11B (Per Agenda Change Sheet)
Item #16A21
A FLORIDA POWER & LIGHT RIGHT-OF-WAY CONSENT
AGREEMENT AND ACCOMPANYING MEMORANDUM
REQUIRED FOR THE REPLACEMENT OF THE PINE RIDGE
WEIR AT CREEKSIDE PARKWAY PROJECT NO. 60119
(ESTIMATED FISCAL IMPACT: $27) — A TEMPORARY
EASEMENT (PARCEL 115TCE) NEEDED FOR THE PROJECT
BURDENED BY FPL HIGH VOLTAGE OVERHEAD LINES
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April 12, 2016
Item #16A22
RESOLUTION 2016-60: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF RIVERSTONE PLAT TWO (APPLICATION
NUMBER 20120001179) WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED
AND AUTHORIZING RELEASE OF THE MAINTENANCE
SECURITY
Item #16A23
RESOLUTION 2016-61 : FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 1
(APPLICATION NUMBER PL2013000058) WITH ROADWAY
AND DRAINAGE IMPROVEMENTS PRIVATELY
MAINTAINED AND AUTHORIZING RELEASE OF THE
MAINTENANCE SECURITY
Item #16A24
RESOLUTION 2016-62: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF COPPER COVE PRESERVE UNIT 3
(APPLICATION NUMBER PL20120000116) WITH ROADWAY
AND DRAINAGE IMPROVEMENTS PRIVATELY
MAINTAINED, AND AUTHORIZING RELEASE OF THE
MAINTENANCE SECURITY
Item #16A25
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April 12, 2016
RESOLUTION 2016-63: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF VERONAWALK TOWNHOMES PHASE TWO
(APPLICATION NUMBER AR-5046) WITH ROADWAY AND
DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED
AND AUTHORIZING RELEASE OF THE MAINTENANCE
SECURITY
Item #16A26
RECORDING THE FINAL PLAT OF AVALON PARK —
BATTLECREEK WAY EXTENSION (APPLICATION NUMBER
PL20150002907) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — W/STIPULATIONS
Item #16A27
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $128,900 FOR PAYMENT OF $2,895,
IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. BAC HOMELOAN SERVICING
LP, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CESD20100009592, RELATING TO PROPERTY LOCATED AT
2267 51ST TERRACE SW, COLLIER COUNTY, FLORIDA — THE
RESULT OF A VIOLATION FOR CONSTRUCTING A SHED
WITHOUT REQUIRED PERMITS ON PROPERTY THAT IS
ACTIVELY BEING MAINTAINED BY A NEW OWNER
Item #16A28
Page 227
April 12, 2016
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $11,333.50 FOR PAYMENT OF $2,283.50
IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. JOSEPH C. LESTER, CODE
ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM20140008380 RELATING TO PROPERTY LOCATED AT
4395 KENTUCKY WAY, COLLIER COUNTY, FLORIDA — THE
RESULT OF VIOLATIONS FOR AN UNMAINTAINED POOL,
SCREEN ENCLOSURE AND AN INFESTATION OF BEES ON
PROPERTY THAT WAS ACQUIRED BY FEDERAL NATIONAL
MORTGAGE ASSOCIATION FOLLOWING FORECLOSURE,
THAT HAS MET COMPLIANCE AND IS BEING ACTIVELY
MAINTAINED BY A NEW OWNER
Item #16A29
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $274,580.57 FOR PAYMENT OF $580.57
IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. TERRY J. KRAMER, CODE
ENFORCEMENT BOARD CASE NO. CESD20120008679
RELATING TO PROPERTY LOCATED AT 825 11TH STREET.
SW, COLLIER COUNTY, FLORIDA — THE RESULT OF
VIOLATIONS FOR EXPIRED PERMITS ON A STEEL
BUILDING, A POOL AND ELECTRIC ON PROPERTY
ACQUIRED BY CKC PROPERTY HOLDINGS LLC, IN 2015
FOLLOWING FORECLOSURE THAT IS NOW COMPLIANT
AND IS BEING ACTIVELY MAINTAINED BY A NEW OWNER
Item #16A30
Page 228
April 12, 2016
RELEASING THREE (3) CODE ENFORCEMENT LIENS WITH A
COMBINED ACCRUED VALUE OF $1,386,000 FOR PAYMENT
OF $462, IN THE CODE ENFORCEMENT ACTIONS ENTITLED
BOARD OF COUNTY COMMISSIONERS V. OMAR RAUL
GARCIA, CODE ENFORCEMENT BOARD CASE NOS.
CELU20100018294, CEPM20100018330 AND CESD20100018347,
RELATING TO PROPERTY LOCATED AT 10651 GREENWAY
RD., COLLIER COUNTY, FLORIDA — RELATED TO CODE
VIOLATIONS FOR AN UNLICENSED/INOPERABLE VEHICLE,
BROKEN WINDOWS AND CONVERTING A BARN INTO A
GROW HOUSE WITH EXTENSIVE ELECTRICAL
ALTERATIONS, WIRING, OUTLETS, ELECTRICAL PANELS,
AIR CONDITIONING UNITS, IRRIGATION SYSTEMS AND
PARTITION WALLS WITHOUT PERMITS ON PROPERTY
THAT HAS BEEN BROUGHT INTO COMPLIANCE AND IS
BEING ACTIVELY MAINTAINED BY A NEW OWNER
Item #16A31
RELEASING A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $311,112.56 FOR PAYMENT OF
$2,112.56, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. JENNIFER
BONACKI, CODE ENFORCEMENT SPECIAL MAGISTRATE
CASE NO. CEPM20120001710, RELATING TO PROPERTY
LOCATED AT 2456 MILLCREEK LANE, COLLIER COUNTY,
FLORIDA — FOR VIOLATIONS SURROUNDING MOLD ON
INTERIOR WALLS AND BASEBOARDS IN A VACANT
CONDOMINIUM BROUGHT INTO COMPLIANCE IN
NOVEMBER, 2015 BY THE NEW OWNER OF THE PROPERTY
Page 229
April 12, 2016
Item #16B1
PAYMENT OF REMAINING INVOICES TO Q. GRADY MINOR
FOR WORK COMPLETED ON THE SUGDEN PARK PATHWAY
FEASIBILITY STUDY — TO PAY OUTSTANDING INVOICES IN
THE AMOUNT OF $12,490 DUE TO AN INADVERTENT STAFF
ERROR AND WORK PERFORMED USING AN EXPIRED
WORK ORDER, ISSUED UNDER CONTRACT #13-6164
Item #16B2
AWARDING BID #15-6441 TO ANDREW SITEWORK, LLC IN
THE AMOUNT OF $91,285.50 FOR PINELAND AVENUE
STORMWATER IMPROVEMENTS, AND AUTHORIZE THE
COMMUNITY REDEVELOPMENT AGENCY BOARD CHAIR
TO EXECUTE A CONTRACT TO PERFORM WORK — USING
$98,050 HUD/CDBG IN GRANT FUNDS AWARDED IN 2015
FOR A PROJECT TO HELP ALLEVIATE FLOODING AND
IMPROVE DRAINAGE ON PINELAND AVENUE BY
CONSTRUCTING SWALES AND CULVERTS THAT WILL
CONNECT TO SURROUNDING STORMWATER
INFRASTRUCTURE AND AN OUTFALL ON US 41
Item #16C1
AWARDING INVITATION TO BID #15-6466 TO E.R. TECH
SYSTEMS GROUP INC., (D/B/A BROADCAST SYSTEMS) TO
PURCHASE CYBER LOCK SECURITY ACCESS CONTROL
COMPONENTS FOR THE PUBLIC UTILITIES DEPARTMENT —
A 1-YEAR CONTRACT WITH THREE (3) ONE (1) YEAR
OPTIONS TO RENEW FOR A COMPUTER-BASED PROGRAM
Page 230
April 12, 2016
OF CYBER KEYS & LOCKS USED TO MINIMIZE SECURITY
RISKS AT CRITICAL WATER ACCESS POINTS IN THE
COUNTY, INCLUDING THE REGIONAL WATER TREATMENT
PLANTS, 102 WELL SITES, 5 REMOTE PUMPING STATIONS
AND OVER 300 WATER-SAMPLING STATIONS WITH COSTS
PER FISCAL YEAR OF APPROXIMATELY $100,000 FOR THE
1,570 LOCKS CURRENTLY USED BY ROUGHLY 400 USERS
Item #16C2
AWARDING INVITATION TO BID #15-6507 TO SUNSTATE
METER AND SUPPLY, INC. FOR THE PURCHASE OF LARGE
WATER METERS AND COMPONENTS — A 1-YEAR
CONTRACT WITH THREE (3) ONE (1) YEAR OPTIONS TO
RENEW FOR THE PURCHASE OF METERS & COMPONENTS
ESSENTIAL IN MAINTAINING CONSISTENT AND RELIABLE
ACCOUNTING OF CUSTOMER WATER USEAGE AND
BILLING AND PART OF AN ON-GOING METER PROGRAM
TO REPLACE BETWEEN 20-30 LARGE METERS ANNUALLY
THAT HAVE REACHED END OF LIFE WITH COSTS
AVERAGING $2,000,000 PER YEAR FOR THE PAST 5 YEARS
Item #16D1
AN AGREEMENT WITH THE COLLIER COUNTY SHERIFF'S
OFFICE TO PROVIDE SECURITY AND SPECIAL LAW
ENFORCEMENT SERVICES REIMBURSED BY THE BOARD
OF COUNTY COMMISSIONERS FOR SPECIAL EVENTS
OCCURRING THROUGHOUT THE YEAR AT COLLIER
COUNTY PARK AND RECREATION FACILITIES AND
AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE
Page 231
April 12, 2016
TO SIGN A LAW ENFORCEMENT SPECIAL DETAIL
AGREEMENT FOR THE PROVISION OF THESE SERVICES —
AN AGREEMENT FOR ONE (1) YEAR WITH TWO (2) ONE
YEAR EXTENSIONS TO PROVIDE ADDITIONAL SERVICES
DURING SPECIAL EVENTS AND WITH APPROXIMATELY
$5,000 SPENT ANNUALLY
Item #16D2
THE "TIGERTAIL BEACH RESTROOM ADDITION" IN THE
AMOUNT OF $19,263 AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM — TO PROVIDE
ADDITIONAL RESTROOM FACILITIES AT TIGERTAIL
BEACH ON MARCO ISLAND IN THE (SOUTH) PARKING LOT,
BY ADDING A MODULAR PREFABRICATED UNIT THAT
WILL PROVIDE TWO ADDITIONAL RESTROOM STALLS FOR
MEN AND TWO ADDITIONAL STALLS FOR WOMEN WITH
WORK BY Q GRADY MINOR & ASSOCIATES, P.A. AND
ANNUAL EXPECTED OPERATING COSTS OF $10,000 FOR
LANDSCAPING, CLEANING, UTILITIES AND BUILDING
MAINTENANCE
Item #16D3
THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
ANNUAL REPORT AND AUTHORIZE THE CHAIRWOMAN TO
SIGN THE STATE HOUSING INITIATIVES PARTNERSHIP
CERTIFICATION FOR FISCAL YEAR 2012/2013 TO ENSURE
COMPLIANCE WITH PROGRAM REQUIREMENTS — THE
ANNUAL CLOSE-OUT REPORT CERTIFIES LOCAL HOUSING
INCENTIVE STRATEGIES AND THE LOCAL HOUSING
Page 232
April 12, 2016
INCENTIVE PLAN HAVE BEEN IMPLEMENTED THAT GETS
SUBMITTED ELECTRONICALLY TO THE FLORIDA HOUSING
FINANCE CORPORATION AND MUST BE DONE TO BE
ELIGIBLE FOR FUTURE SHIP PROGRAM FUNDING
Item #16D4 — Moved to Item #11C (Per Agenda Change Sheet);
Request to continue to a future BCC Meeting
(Per Commissioner Taylor during Agenda Changes)
RECOMMENDATION TO APPROVE CHANGE ORDER #1
WITH MCGEE & ASSOCIATES FOR SAFETY
IMPROVEMENTS ASSOCIATED WITH DESIGN PLANS TO
THE SIDEWALK/PATHWAY CONNECTING THE COLLIER
COUNTY BEACH PARKING LOT AT THE END OF SEAGATE
DRIVE TO THE NORTH GULF SHORE BOULEVARD BEACH
ACCESS FOR $5,140 AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM
Item #16D5
RESOLUTION 2016-64: MEMORIALIZING BOARD APPROVAL
OF A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
(JPA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) TO INCREASE THE REVENUE AWARD UNDER
STATE TRANSIT SERVICE DEVELOPMENT PROGRAM
CONTRACT NUMBER #AQQ85 BY $50,000, TO IMPROVE
EXISTING COUNTY TRANSIT BUS STOPS IN ACCORDANCE
WITH THE AMERICAN DISABILITIES ACT (ADA); TO
PROVIDE A REQUIRED LOCAL MATCH IN THE AMOUNT
OF $12,500; APPROVE A RESOLUTION AUTHORIZING THE
CHAIR TO SIGN THE AGREEMENT; AND AUTHORIZING
Page 233
April 12, 2016
ALL NECESSARY BUDGET AMENDMENTS
Item #16D6
AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH COLLIER COUNTY SCHOOL DISTRICT
TO PROVIDE FOR THE UTILIZATION OF THREE MOBILE
BLEACHERS TO BE USED FOR THE US OPEN PICKLEBALL
TOURNAMENT AT EAST NAPLES COMMUNITY PARK — FOR
USE AT NO CHARGE WHILE BLEACHERS FOR THE PARK
ARE BEING BUILT TO ALLOW SPECTATORS TO WATCH
PLAYERS IN THE UPCOMING PICKLEBALL TOURNAMENT
THAT WILL BE HELD APRIL 26 — MAY 1, 2016 AND IS BEING
NATIONALLY TELEVISED BY CBS SPORTS
Item #16D7
AN AGREEMENT TO PURCHASE VENDED MEALS FROM
ANOTHER STATE-APPROVED PROGRAM SPONSOR WITH
COLLIER COUNTY PUBLIC SCHOOLS TO OPERATE THE
2016 SUMMER FOOD SERVICE PROGRAM AT DESIGNATED
RECREATION CAMPS AND AUTHORIZE ALL NECESSARY
BUDGET AMENDMENTS. (FISCAL IMPACT: USDA GRANT
FUNDS $80,148.06/LOCAL MATCH $26,649.40 = $106,797.46) —
EFFECTIVE JUNE 13 THROUGH JULY 29, 2016 TO PROVIDE
OVER 28,000 BREAKFASTS AND LUNCHS TO CHILDREN
WHO ARE UNABLE TO GO TO SUMMER CAMPS OFFERED
BY THE SCHOOL DISTRICT
Item #16D8
Page 234
April 12, 2016
AWARDING CONTRACT #15-6530, "PROFESSIONAL DESIGN
SERVICES FOR IMMOKALEE FITNESS CENTER REMODEL,"
PROJECT NO. 33422 WITH DISNEY & ASSOCIATES, P.A.
(FISCAL IMPACT $41,980) — INCLUDES ARCHITECTURAL,
PLUMBING, MECHANICAL & ELECTRICAL ENGINEERING
AND INVOLVES THE REDESIGN OF AN EXISTING FACILITY
AND REHABILITATING AN ADJACENT STORAGE FACILITY
AT 505 ESCAMBIA STREET IN IMMOKALEE; THE PROJECT
IS EXPECTED TO TAKE BETWEEN 45-57 WEEKS
Item #16E1
REJECTING THE SOLE RESPONSE FOR INVITATION TO
BID #16-6574, LARGE VEHICLE COLLISION REPAIR FOR
FLEET VEHICLES AND AUTHORIZE STAFF TO RE-SOLICIT —
THE ONE BID RECEIVED WAS DEEMED NON-RESPONSIVE
BECAUSE REQUIRED GRANT DOCUMENTS WERE NOT
SUBMITTED; MODIFICATIONS WILL BE MADE AND STAFF
WILL RE-SOLICIT AS SOON AS POSSIBLE
Item #16E2
RECOGNIZING AND APPROPRIATING REVENUE TO THE
FACILITIES MANAGEMENT DIVISION COST CENTER IN THE
AMOUNT OF $244,081.30 THROUGH MARCH FISCAL YEAR
2015-2016 AND APPROVE ALL NECESSARY BUDGET
AMENDMENTS — BA #122240, REVENUE RECEIVED FOR
SERVICES REQUESTED BY COUNTY DIVISIONS THAT ARE
NOT CONSIDERED TYPICAL BUILDING MAINTENANCE
Item #16E3
Page 235
April 12, 2016
AMENDMENT #3 TO AGREEMENT #11-5729 WITH
ALLEGIANCE, INC., FOR GROUP HEALTH THIRD PARTY
ADMINISTRATION SERVICES, PROVIDING AN ADDITIONAL
1-YEAR RENEWAL TERM AND INCORPORATION OF AN
EXTENSION PROVISION; RATES WILL REMAIN THE SAME —
EXTENDS THE AGREEMENT THROUGH DECEMBER 31, 2017
TO FACILITATE A JOINT COMPETITIVE SOLICITATION
WITH THE SCHOOL DISTRICT IN CALENDAR YEAR 2017
Item #16E4
ADJUSTMENT TO THE PAY GRADE OF THREE CURRENT
CLASSIFICATIONS IN THE 2016 FISCAL YEAR
CLASSIFICATION PLAN MADE FROM JANUARY 1, 2016
THROUGH MARCH 31, 2016 — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E5 — Moved to Item #11D (Per Agenda Change Sheet)
Item #16E6
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES DIVISION FOR MODIFICATIONS TO WORK
ORDERS, CHANGE ORDERS, SURPLUS PROPERTY AND
OTHER ITEMS AS IDENTIFIED — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E7
AWARDING RFQ #16-6594, ADVERTISING DELINQUENT
Page 236
April 12, 2016
PROPERTY TAXES, TO SCRIPPS MEDIA D/B/A NAPLES
DAILY NEWS AS THE NEWS MEDIA SOURCE TO
ADVERTISE DELINQUENT REAL ESTATE OR PROPERTY
TAXES — TO ADVERTISE A LIST OF THE DELINQUENT
PROPERTIES ONCE A WEEK FOR THREE (3) CONSECUTIVE
WEEKS IN THE MONTH OF MAY IN ACCORDANCE WITH
SUBSECTION 197.402(3), FLORIDA STATUTES AND ON
DATES AND WITH VERBATIM TEXT PROVIDED BY THE
TAX COLLECTOR'S OFFICE
Item #16E8
AUTHORIZING THE COUNTY MANAGER TO ADVERTISE AN
ORDINANCE FOR FUTURE CONSIDERATION THAT WOULD
AMEND SECTION TWELVE OF THE BOARD'S PURCHASING
ORDINANCE (ORDINANCE NO. 2013-69, AS AMENDED) TO
INCORPORATE A PROCEDURE FOR ACCEPTING
UNSOLICITED PROPOSALS
Item #16F1
RESOLUTION 2016-65: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2015-16
ADOPTED BUDGET
Item #16F2
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY —
Page 237
April 12, 2016
BA #16-271 (FUND 111) AND BA #16-292 (FUND 007)
Item #16F3
AWARDING RFP #16-6563, TOURISM RESEARCH SERVICES
TO RESEARCH DATA SERVICES, INC., AUTHORIZE THE
CHAIRMAN TO EXECUTE THE COUNTY ATTORNEY
APPROVED CONTRACT, AND MAKE A FINDING THE ITEM
PROMOTES TOURISM — A 1-YEAR CONTRACT WITH (4)
ADDITIONAL (1) YEAR RENEWAL OPTIONS FOR AN
ANNUAL COST OF $126,800 FOR SERVICES INCLUDING A
MONTHLY VISITOR PROFILE, VISITOR IMPACT STUDY,
HOTEL OCCUPANCY AND AVERAGE DAILY RATE STUDY,
AN ANNUAL IMPACT OF TOURISM STUDY, INFORMATION
INQUIRY CONVERSION STUDY AND FOCUS GROUP
RESEARCH
Item #16F4
AWARDING RFP #15-6520, TOURISM PUBLIC RELATIONS
SERVICES TO LOU HAMMOND AND ASSOCIATES,
AUTHORIZE THE CHAIRMAN TO EXECUTE THE COUNTY
ATTORNEY APPROVED CONTRACT AND MAKE A FINDING
THAT THIS EXPENDITURE PROMOTES TOURISM — AS
DETAILED IN THE EXECUTIVE SUMAMRY
Item #16F5
PAYMENT OF EXPENSES FOR 2016 FOOTBALL UNIVERSITY
(FBU) EVENTS USING CATEGORY "B" TOURIST
DEVELOPMENT TAX FUNDS WITH A LOCAL SUPPORT
Page 238
April 12, 2016
BUDGET OF $86,000, AUTHORIZE THE CHAIRMAN TO
EXECUTE THE CONTRACT WITH ALL AMERICAN GAMES,
AND MAKE A FINDING THIS EXPENDITURE PROMOTES
TOURISM — AN EVENT THAT HAS BEEN HOSTED BY
COLLIER COUNTY FOR THE PAST 2-YEARS THAT WILL
BE HELD DECEMBER 17-20, 2016 AND A YET TO BE
DETERMINED DATE IN 2017; ORGANIZERS PLAN TO
DOUBLE THE NUMBER OF TEAMS FROM 12 TO 24 IN THE
FUTURE FOR THE EVENT THAT SHOWCASES SIXTH,
SEVENTH AND EIGHTH GRADE FOOTBALL TEAMS AND
ALSO INCLUDES SPORTS STARS FROM AROUND THE
NATION
Item #16F6
TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDS TO
SUPPORT FOUR UPCOMING FY16 SPORTS EVENTS FOR AN
AMOUNT UP TO $12,400 AND MAKE A FINDING THESE
EXPENDITURES PROMOTE TOURISM — FOR 2016 EVENTS
THAT INCLUDE FYSA SOCCER STATE CUP MAY 7-8; USTA
FLORIDA WOMEN'S TENNIS OPEN PRO CIRCUIT MAY 9-15;
USSSA COLLIER KEEP CALM & PLAY FASTPITCH
SOFTBALL TOURNAMENT MAY 28-29 AND THE BOYS GULF
COAST LACROSSE CLASSIC JUNE 18-19, 2016
Item #16F7
AWARD INVITATION TO BID (ITB) #16-6566, MEDIA
MONITORING SERVICES TO CISION US INC. AND MAKE A
FINDING THAT THIS EXPENDITURE PROMOTES TOURISM —
A ONE (1) YEAR AGREEMENT AND ANNUAL COST OF
Page 239
April 12, 2016
$11,467.50, WITH PAYMENTS OF $2,866.88 QUARTERLY TO
ANALYZE OUTPUT OF LOCAL PRINT, ONLINE, BROADCAST
AND SOCIAL MEDIA COVERAGE OF TOURISM ACTIVITIES
AND MONITORING SERVICES INCLUDING EVALUATING,
REPORTING, REPUBLISHING WITH PERMISSION AND THE
ANALYTICS OF WORLD-WIDE PROMOTIONAL EFFORTS
Item #16F8
FINDING THE EXPENDITURE OF TOURIST DEVELOPMENT
TAX CATEGORY "A" FUNDS FOR THE MAINTENANCE
DREDGING OF CLAM PASS PROMOTES TOURISM,
AUTHORIZING CATEGORY "A" FUNDS FOR THIS PROJECT,
RATIFYING A COUNTY MANAGER EXECUTED CONTRACT
WITH DREDGING CONTRACTOR ENERGY RESOURCES, INC.
AND AUTHORIZING ANY NECESSARY BUDGET
AMENDMENTS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16H1
RESOLUTION 2016-66: APPOINTING LIS ESQUILIN TO THE
BLACK AFFAIRS ADVISORY BOARD FOR THE REMAINDER
OF A TERM EXPIRING JUNE 25, 2019
Item #16H2 — Adding the recommendation for appointment by
Naples City Council (Per Agenda Change Sheet)
RESOLUTION 2016-67: APPOINTING MAC CHAUDHRY,
(OWNER/OPERATOR CATEGORY) NANCY KERNS, (NON-
OWNER/OPERATOR CATEGORY) AND COUNCIL MEMBER
Page 240
April 12, 2016
MICHELLE MCLEOD (REPRESENTING CITY OF NAPLES)
FOR TERMS EXPIRING APRIL 21, 2020 AND RE-APPOINTING
MARCO ISLAND COUNCILMAN LARRY SACHER, (WHO IS
NOT SEEKING RE-ELECTION TO CITY COUNCIL) FOR A
PARTIAL TERM EXPIRING OCTOBER 31, 2016 TO THE
TOURIST DEVELOPMENT COUNCIL
Item #16H3
RESOLUTION 2016-68: RE-APPOINTING AIMEE LETEUX
(VET TECH CATEGORY) AND MARJORIE BLOOM (AT
LARGE CATEGORY) AND APPOINTING DR. ROBIN FOX
(HUMANE SOCIETY) TO THE ANIMAL SERVICES ADVISORY
BOARD TO TERMS EXPIRING APRIL 13, 2020
Item #16H4
RESOLUTION 2016-69: APPOINTING THOMAS CONNOLLY
(MSTU RESIDENT), TO FILL THE REMAINDER OF A TERM
EXPIRING OCTOBER 1, 2017, TO THE LELY GOLF ESTATES
BEAUTIFICATION ADVISORY COMMITTEE
Item #16H5
A PROCLAMATION DESIGNATING APRIL 2016 NATIONAL
COUNTY GOVERNMENT MONTH. THE PROCLAMATION
WILL BE SENT BY MAIL TO RECIPIENTS BRYAN DESLOGE,
PRESIDENT OF NACO AND LISA HURLEY, EXECUTIVE
DIRECTOR FOR THE FLORIDA ASSOCIATION OF COUNTIES
Item #16H6 — Moved to Item #4I (Per Agenda Change Sheet)
Page 241
April 12, 2016
Item #16H7 — Moved to Item #4J (Per Agenda Change Sheet)
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED —
Page 242
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
April 12, 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 Bay Community Development District:
Meeting Agenda 12/30/2015; 01/07/2016
Meeting Minutes 12/30/2015; 01/07/2016
2) Naples Heritage Community Development District:
Meeting Agenda 01/05/2016
Meeting Minutes 01/05/2016
3) Port of the Islands Community Improvement District:
Meeting Agenda 01/15/2016
Meeting Minutes 01/15/2016
C. OTHER:
April 12, 2016
Item #16J1
USING $500 FROM THE CONFISCATED TRUST FUNDS TO
SUPPORT THE FLORIDA SHERIFF'S YOUTH RANCHES —
USED TO SUPPORT THEIR JUVENILE DELINQUENCY
PREVENTION PROGRAM
Item #16J2
A BUDGET AMENDMENT IN THE AMOUNT OF $105,000 FOR
COMMUNICATIONS EQUIPMENT (9-1-1) — USED TO ASSIST
THE COLLIER COUNTY 9-1-1 SYSTEM TO IDENTIFY AND
CORRECT DISCREPANCIES IN 9-1-1 CALLS MADE BY
CITIZENS AND VISITORS IN COLLIER COUNTY
Item #16J3
USING $500 FROM THE CONFISCATED TRUST FUNDS TO
SUPPORT THE FLORIDA MISSING CHILDREN'S DAY
FOUNDATION — USED TO RAISE AWARENESS ON MISSING
CHILDREN, EDUCATE THE PUBLIC ON CHILD SAFETY AND
ABDUCTION AND RECOGNIZE INDIVIDUALS WHO HAVE
MADE OUTSTANDING CONTRIBUTIONS FOR THE ISSUE
Item #16J4
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR
THE PERIOD BETWEEN MARCH 10 TO MARCH 30, 2016
Page 243
April 12, 2016
PURSUANT TO FLORIDA STATUTE 136.06
Item #16J5 — Continued Indefinitely (Per Agenda Change Sheet)
TO PROVIDE THE BOARD A "PAYABLES REPORT" FOR
THE PERIOD ENDING MARCH 30, 2016 PURSUANT TO THE
BOARD'S REQUEST
Item #16J6
THE FY2016 SCAAP LETTER DELEGATING AUTHORITY TO
SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT
APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE,
AND TO RECEIVE, EXPENDS THE PAYMENT AND MAKE
ANY NECESSARY BUDGET AMENDMENTS OF THE FY2016
OF THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) GRANT FUNDS — THE GRANT WILL BE SUBMITTED
APRIL 13, 2016 AND FUNDING IS BASED ON THE NUMBER
OF INCARCERATED ALIENS AND CORRECTION SALARY
EXPENSES BETWEEN JULY 1, 2014 AND JUNE 30, 2015 AND
REQUIRES NO LOCAL MATCH
Item #16K1
A PROPOSED JOINT MOTION AND STIPULATED FINAL
JUDGMENT FOR PARCEL 183RDUE IN THE LAWSUIT
STYLED COLLIER COUNTY V. ESTILITA RODRIGUEZ, ET AL.,
CASE NO. 15-CA-333 FOR GOLDEN GATE BOULEVARD
WIDENING PROJECT NO. 60040. (FISCAL IMPACT: $7,400) —
A 9,949 SQUARE FOOT EASEMENT ON GOLDEN GATE
BOULEVARD AND 8TH STREET NE
Page 244
April 12, 2016
Item #16K2
REJECTING A MEDIATED SETTLEMENT AGREEMENT IN
AN ALL INCLUSIVE AMOUNT OF $2,100,000; AUTHORIZE
AN OFFER OF JUDGMENT TO RESPONDENTS, S.D.
CORPORATION OF NAPLES, INC. AND CYPRESS LANDINGS
II OF NAPLES, LLC, FOR PARCELS 251DAME, 255DAME,
257DAME, 258DAME, 258TCE1 AND 258TCE2 IN THE
AMOUNT OF $1,200,001 (ESTIMATED TO BE $1,680,351.25
WHEN ATTORNEY'S FEES AND EXPERT COSTS ARE LATER
INCLUDED) IN THE LAWSUIT STYLED COLLIER COUNTY V.
S.D. CORPORATION OF NAPLES, INC., ET AL., CASE NO. 15-
CA-1580, REQUIRED FOR THE WING SOUTH/SANDY LANE
INTERCONNECT PORTION OF LELY AREA STORMWATER
IMPROVEMENT PROJECT NO. 51101; AND AUTHORIZE ANY
NECESSARY BUDGET AMENDMENTS. (FISCAL IMPACT:
$669,851.25)
Item #16K3
A PROPOSED DEVELOPER AGREEMENT WITH MARY
WAGNER AND A COMPANION TO THE ABACO CLUB PUD
ITEM #9A (FISCAL IMPACT: $0) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #17A
ORDINANCE 2016-08: AMENDING ORDINANCE 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
Page 245
April 12, 2016
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A GENERAL
COMMERCIAL WITH A GOODLAND ZONING OVERLAY
(C-4-GZO) ZONING DISTRICT TO A VILLAGE RESIDENTIAL
WITH A GOODLAND ZONING OVERLAY (VR-GZO) ZONING
DISTRICT FOR THE PROJECT KNOWN AS GOODLAND
REZONE LOCATED IN BLOCK "Y", GOODLAND ISLES
SUBDIVISION IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
1.36+ ACRES; PROVIDING FOR REPEAL OF RESOLUTION
NO. 93-549, A CONDITIONAL USE FOR BOAT STORAGE AND
SALES AND BY PROVIDING AN EFFECTIVE DATE [RZ-
PL20150000901]
Page 246
April 12, 2016
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:09 p.m.
BOARD OF COLLIER COUNTY COMMISSION
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E. BLOCK, CLERK
• AJ‘ito . O.( ,
Atteo .'S m
signa!uTe Qnty
These minutes app roved by the board on ail 2 4�
asp resented V or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 247