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BCC Minutes 09/28/2017 S (Post Hurricane Irma Clean Up & Restoration)September 28, 2017 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 28, 2017 SPECIAL SESSION 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 5:05 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Penny Taylor Andrew Solis Donna Fiala William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Mark Isackson, Office of Management & Budget Page 1 September 28, 2017 (Special) COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority SPECIAL AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 28, 2017 5:05 PM Commissioner Penny Taylor, District 4 – BCC Chair Commissioner Andy Solis, District 2 – BCC Vice-Chair Commissioner Donna Fiala, District 1 - CRAB Co-Chair (telephonically) Commissioner Burt Saunders, District 3 Commissioner William L. McDaniel, Jr., District 5 - CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. 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 PROCEEDING IS MADE, WHICH RECORD INCLUDES TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED SPEAKERS WILL BE LIMITED TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 Page 2 September 28, 2017 (Special) ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS’ OFFICE. 1. Recommendation to ratify the extension of Emergency Resolution 2017-144. 2. Recommendation to authorize FY 2017 and FY 2018 budget amendments and establish a process under which regular recurring budget amendments can be processed by the Office of Management and Budget and imputed by the Clerk of the Court’s Finance Section of behalf of user departments in connection with post Hurricane Irma clean up and restoration activity. 3. Restoration Activity going forward after Hurricane 4. Discussion regarding AshBritt Contract 5. Adjourned September 28, 2017 Page 2 MR. OCHS: And now we will go into the regular meeting. And do I need to -- no, I don't need to do it. Just get on with it. All right. We're getting on with it. Mr. Isackson? MR. ISACKSON: Thank you, Commissioners. Item #1 RATIFYING THE EXTENSION OF EMERGENCY RESOLUTION 2017-144. – APPROVED (NO RESOLUTION TO BE SUBMITTED PER THE COUNTY ATTORNEY’S OFFICE) MR. ISACKSON: There's a separate communication that was provided to the Board on Tuesday which talked about recommendation to authorize 2017 FY and 2018 FY budget amendments and establish a process under which regular recurring budget amendments can be processed by my office, the Office of Management and Budget, and then inputted by the Clerk of Courts finance section on behalf of user departments in connection with post hurricane -- I'll say it right -- Irma cleanup and restoration activity. The -- Commissioners, just a point of information that the BA process has a couple of different parties to it. There's my office, which acts as a clearinghouse for all budget amendments that come through the county. They all go through my office, some 700 of them, and our office reviews and scrutinizes them, and then we move them up to the Clerk of Courts finance section. There are a number of statutes and local ordinances that have to be adhered to when BAs are processed, and the reason for this particular agenda item is to make sure that, number one, we're providing for a seamless prosecution of work connected with Hurricane Irma and, number two, that post facto all of the required state statutes, local statutes, or local ordinances are adhered to and, September 28, 2017 Page 3 more specifically, not only for that but for audit purposes, because the external auditor will come back after the FY and start tagging certain areas for review. So what I'd like to at least identify for the Board right now, on September 6th you approved the tranche of BAs in roughly the amount of $5.9 million; four million of that was for the sheriff. The remaining was to set up some initial budget for the County Manager's agency to begin their work connected with that. Now, in -- that was prosecuted and the Board approved that under the emergency declaration. Now, as Commissioner Taylor just said, and Attorney Klatzkow and I talked about this afternoon, there has been a second extension or third extension of the declaration from September 27th through whatever the seven-day date beyond that is. And that will encompass this second tranche of BAs which were referenced in your executive summary that we had on Tuesday totaling $23.4 million. Now, there are certain buckets of BAs. Number one bucket is a -- it's what we call a resolution BA, where we're recognizing revenue into a certain particular fund. That's on your agenda for approval. Attorney Klatzkow has signed a resolution containing all the BAs that are part and parcel of that 23.4 that fall into that bucket of resolution BAs. And then there's a second tranche of BAs what we call public hearing BAs. Those will also be covered as part of your approval process. And we will ensure going forward that the event -- because of the disaster, we will post facto make sure that those BAs will come back to the Board after the public hearing; and there's four or five of them. You'll see those on your 10th agenda, even though you've approved them tonight, so that we are covered in terms of the statute. Going forward beyond that, we will handle BAs as we normally do as part of the board process. These are just -- this 23.4 just gets us to September 28, 2017 Page 4 a place where we need to be, and then I can take it from there as part of the normal October, November, and December, if necessary, beyond board process where you'll have a separate executive summary from me and my office, and it will also tell you what's happening with the BAs and where they need to be slotted and things of that nature. So I just wanted to lay that out. The Clerk of Courts finance section is requiring a couple of things to happen so that they can input the BAs and make sure that there's sufficient comfort that all of the statutes are covered and that our audit processes will be very clean as we go forward. The first -- and I don't know whether the County Attorney wants to weigh in -- is their request to have the Board just identify, just similar to what they did on September 6th, that a quorum of the Board approves the emergency declaration extension. That would be the first item that they would be looking for in terms of -- in terms of the comfort level. We all know the legal considerations. I've laid that out for sufficiency there. And then I just laid out for the record how we're going to be handling not only this 23.4, which is specific approval that I'm asking for tonight, but also what's going to be happening going forward through my office as part of the normal budget process. So the specific action tonight is to, number one, identify through quorum that the emergency has, in fact, been extended from September 27th. The date specific I don't remember in the resolution, County Manager. CHAIRMAN TAYLOR: When you say to identify by quorum, you expect us -- MR. ISACKSON: What you provided for, ma'am, as part of the -- CHAIRMAN TAYLOR: You want us to have a motion? MR. ISACKSON: Yes. September 28, 2017 Page 5 CHAIRMAN TAYLOR: Okay. So let's ratify it. COMMISSIONER SOLIS: I'd move that we ratify the extension of the emergency resolution. CHAIRMAN TAYLOR: Do I hear a second? COMMISSIONER FIALA: Second. CHAIRMAN TAYLOR: Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. Item #2 RESOLUTION 2017-181 & RESOLUTION 2017-182 (REQUESTED BY THE CCSO): AUTHORIZING FY 2017 AND FY 2018 BUDGET AMENDMENTS AND ESTABLISH A PROCESS UNDER WHICH REGULAR RECURRING BUDGET AMENDMENTS CAN BE PROCESSED BY THE OFFICE OF MANAGEMENT AND BUDGET AND IMPUTED BY THE CLERK OF THE COURT’S FINANCE SECTION OF BEHALF OF USER DEPARTMENTS IN CONNECTION WITH POST HURRICANE IRMA CLEAN UP AND RESTORATION ACTIVITIES – ADOPTED MR. ISACKSON: Second, Commissioners, is the specific roster September 28, 2017 Page 6 of resolutions, roster of BAs that we gave you. We would want you to approve -- and I can put this up on the visualizer, County Manager -- the various resolutions that, in fact, encompass the majority of that $23.4 million, and there -- as I mentioned before, there are five additional BAs that require a transfer, including additional $3 million that the sheriff has requested to cover additional salaries and wages in connection with the event. So a motion to approve the resolution and the remaining BAs encompassing the $23.4 million that we're looking for. COMMISSIONER SAUNDERS: I'll make that motion to approve that. CHAIRMAN TAYLOR: Do I hear a second? COMMISSIONER FIALA: Yes. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Double second. Okay. Any discussion? COMMISSIONER McDANIEL: Yeah, question. I had a question a while ago. I just wanted a point of clarification. The majority of these BAs have designations of recognizable funds, I'm assuming, from FEMA reimbursement, and are these specific requests that we've actually put in for? Is that why there is actual amounts there of these just -- MR. ISACKSON: Well, I will answer it this way, sir: When we put together a budget, we anticipate what we think we're going to get in; all kinds of revenues sources, like impact fees or sales tax. This is no different. COMMISSIONER McDANIEL: Got it. Okay. MR. ISACKSON: That's the simple answer. COMMISSIONER McDANIEL: Call the question. I'm done. COMMISSIONER FIALA: I might just add that we never can tell when that reimbursement will come. It usually takes us -- well, the September 28, 2017 Page 7 time it took us five years. COMMISSIONER McDANIEL: We've still got one from Wilma -- COMMISSIONER SOLIS: We're still waiting. COMMISSIONER McDANIEL: -- we're waiting on. COMMISSIONER SOLIS: 750,000. COMMISSIONER FIALA: So just so everybody knows why we're talking about this. COMMISSIONER McDANIEL: Seven million, eight million from Wilma. CHAIRMAN TAYLOR: But this year, this time, there's been a concentrated effort right from the beginning by upper level staff to request in a very respectful way that we get reimbursed on a monthly basis, what I'm understanding. COMMISSIONER FIALA: I love it that Congressman Rooney has been to all of our offices, and he's bringing his aide who works directly with FEMA with him to see if he can't move that process along, and hopefully that will give us a better outcome time -- a more timely outcome, let me say that. CHAIRMAN TAYLOR: Okay. MR. ISACKSON: Finally, Commissioner -- I'm sorry. Was there a vote and a -- CHAIRMAN TAYLOR: We haven't voted. We're going to vote. So that was the discussion. So any other discussion? (No response.) CHAIRMAN TAYLOR: Okay. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. September 28, 2017 Page 8 CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. Item #3 RESTORATION ACTIVITY GOING FORWARD AFTER HURRICANE IRMA – DISCUSSED MR. ISACKSON: Finally, Commissioners, what to expect going forward: At your October 10th meeting and any other succeeding meeting until we get out from underneath this restoration activity of the community, you'll see an executive summary from me covering BAs. It will be a little bit more explanatory than what we would normally do as part of a budget amendment process. And that first will be -- at that first October meeting you're going to be probably seeing another $30 million for debris removal and things of that nature. That should carry us forward as -- get out ahead of this so that we're not lagging behind on this stuff. So that's all I have. CHAIRMAN TAYLOR: All right. Thank you very much. So -- COMMISSIONER SAUNDERS: Madam Chairman, let me ask a quick question on -- CHAIRMAN TAYLOR: Yes. COMMISSIONER SAUNDERS: -- the debris removal, because I know that's been discussed and it's obviously something that's very important. And the conversation has sort of been that we should be spending our reserves to expedite this. And the fact is, we are spending our reserves to do this. So I just wanted you to maybe spend just a second explaining how we are paying for that and the process for reimbursement. I know September 28, 2017 Page 9 that FEMA will reimburse that over some period of time. COMMISSIONER SOLIS: Certain percentage. MR. ISACKSON: We laid out nine or 10 capital project funds, sir, where this -- where our major activities will be going on. Give you an example in the General Fund. We've already dropped our reserves by about $9 million, including the additional money that the Sheriff requested for salaries and another couple million dollars that we've moved to the various capital funds that are associated with a direct draw of money from the General Fund. And you remember that the General Fund is a significant funder of transfer dollars for capital projects. Debris removal, we're cash-flowing it through one of our major public utilities capital funds. We're using their cash from a cash-flow standpoint, and their reserves, some 30 to $40 million, and some $85 million in cash sitting in those particular funds. The danger you run into -- and it's the point that I recognized in my fiscal impact to the item that you got on Tuesday -- is my office and the fiscal people under the County Manager's agency will be monitoring very closely cash and we're monitoring very closely the amount of reimbursement revenue that comes in, and we will make adjustments to the budget as necessary to make sure that there is sufficient cash to conduct our normal operations. And you'll be getting those updates as we go along. So in answer to your question, yeah, there's a reason why we do reserves, and there's a reason why we have sufficient cash. And one of the reasons is for events just like this. COMMISSIONER SAUNDERS: I just wanted it to be clear that we're not hoarding money. MR. OCHS: No, sir. COMMISSIONER SAUNDERS: We're spending the cash that we have to engage in this debris removal as quickly as we can. September 28, 2017 Page 10 CHAIRMAN TAYLOR: Yes. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN TAYLOR: Thank you very much. MR. ISACKSON: That's all I have. COMMISSIONER McDANIEL: Madam Chair, my light was on. CHAIRMAN TAYLOR: Okay. Item #4 DISCUSSION REGARDING ASHBRITT CONTRACT – DISCUSSED COMMISSIONER McDANIEL: Just on the same subject matter -- and I just -- I would like to make a statement that it's important for us as policy makers to give direction to our staff to hold our contractors' feet to the fire to adhere to the existing agreement that we, in fact, have. There are time limits. Mr. Casalanguida shared with me on Tuesday -- shared with us on Tuesday what that rate amount is, and it's a highly -- as we all know, there's a lot of disasters going on in the world, in our country, and it's a highly competitive market, and it's going to be imperative that we really stay on top of them. I did have a question. Is there a penalty for failure other than a civil action? MR. CASALANGUIDA: Sir, in looking at the contract, the penalty is nonperformance, but if they're delivering trucks at the rate, now it gets a little gray. So I think we're kind of working with that vendor. We haven't -- that penalty phase is not really that black and white. COMMISSIONER McDANIEL: Okay. Just -- as a point, September 28, 2017 Page 11 though, it's imperative for us to -- and I know you are. We've talked about it regularly -- but for us to hold them -- hold their feet to the fire and make sure they perform. CHAIRMAN TAYLOR: Okay. So we're done, right? MR. OCHS: Yes, ma'am. CHAIRMAN TAYLOR: Any other discussion? (No response.) CHAIRMAN TAYLOR: Thank you very much for being with us. Trust that we have your safety and the beauty of this community at our foremost thoughts every day. We will get the job done because we are Collier County. Thank you very much. ******* September 28, 2017 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:23 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECTISTRICTS UNDER ITS CONTROL I i/. D PENNY LOR1HAIRMAN ATTEST: DWIGHT E. BROCK, CLERK iTh, ,444\,.,_' 7- .,y- • , A est as to Chairman's nature only. These minutes approved by the Board on OfIbtr 2q , (14017 , as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 12