BCC Minutes 03/12/2013 R BCC
REGULAR
MEETING
MINUTES
March 12 , 2013
March 12, 2013
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 12, 2013
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:
CHAIRWOMAN: Georgia Hiller
Tom Henning
Fred Coyle
Donna Fiala
Tim Nance
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Mike Sheffield, Business Operations — CMO
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
41"
r d
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
March 12, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Vice-Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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March 12,2013
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Jim Thomas - East Naples United Methodist Church
2. AGENDA AND MINUTES
A. Approval of today's regular agenda as amended.
B. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
C. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
D. February 12, 2013 - BCC/Regular Meeting
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March 12,2013
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating March 10-16, 2013 as Sunshine Week in Collier
County. To be accepted by Robert St. Cyr, Director of Community
Outreach, Clerk of Courts. Sponsored by Commissioner Nance.
B. Proclamation designating March 2013 as "9-5-2-1-0 Let's Go! National
Nutrition Month" in Collier County, FL. To be accepted by Dr. Todd
Vedder, Chair, Safe and Healthy Children's Coalition of Collier County; Deb
Millsap, Public Information Officer, Collier County Health Department; and
Paula DiGrigoli, Executive Director, Safe and Healthy Children's Coalition
of Collier County. Sponsored by the Board of County Commissioners.
C. Proclamation designating March 17-23, 2013 as Surveyor's Week in Collier
County. To be accepted by Marcus Berman, Scott Rhodes, Rick Ritz and
David Sheppard. Sponsored by Commissioner Coyle.
D. Proclamation designating March 16, 2013 as Save the Florida Panther Day
in Collier County. To be accepted by Tom Trotta, President, Friends of the
Florida Panther Refuge; Amber Crooks, Secretary, Friends of the Florida
Panther Refuge; and Kevin Godsea, Project Leader, SWFL Gulf Coast
Refuges. Sponsored by Commissioner Nance.
E. Proclamation recognizing and congratulating Bowland Beacon on 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 Patty Robinson, General Manager and Ed
Trujello, Mechanic. Sponsored by Commissioner Hiller.
F. Proclamation recognizing St. William Parish, Morton Wasmer Abraham,
General Contractor, and Collier County Growth Management Department
for their collaboration on the renovation project of the original church built
in 1980 and congratulating them on completing the project three months
ahead of schedule due to the successful cooperation of all the parties. To be
accepted by Father George Ratzmann, Michael Mahr, Francesca Copeland,
Lew Schmidt, Ed Marsch, Robert Carsello, Stan Chrzanowski, Mike
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March 12, 2013
Behrndt, Sean Morton, John Wasmer, Tom Abraham and Mike Chura.
Sponsored by Commissioner Hiller.
G. Proclamation designating March 23, 2013 as Collier County Youth
Empowerment Day. To be accepted by Vaughn Young, Rose Young, Sharon
Franklin, Rhonda Cummings and Trista Sue Kragh. Sponsored by
Commissioner Coyle.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for March 2013 to
The Chapel Grill. To be accepted by Steve Fleischer, owner; Lori DeKett,
General Manager; and Jorge Nolasco, Chef.
6. PUBLIC PETITIONS
A. Public Petition request from Vaughn Young representing the Mother Perry
Youth Empowerment Project, seeking a partnership with the County for the
Southwest Florida Spring Youth X-Plosion.
B. This item continued from the February 26, 2013 BCCMeetin2. Public
Petition request from Randall J. Cohen regarding practices and procedures.
C. Public Petition request from Charles Minard requesting changes at the State
and Local level in regard to Emergency Medical Services.
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
A. This item to be heard at 1:00 p.m. This item requires 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 PUDA-PL20120000111, Creekside Commerce Park Commercial
Planned Unit Development (CPUD), an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance 2006-50,
the Creekside Commerce Park Commercial Planned Unit Development
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March 12, 2013
(CPUD), as amended, amending Section III, Industrial/Commerce District,
to include hotel, motel, senior housing including independent living, assisted
living, skilled nursing, continuing care retirement community and
intermediate care facilities as additional uses, establishing a floor area ratio
of.6 for additional uses, and revising the development standards to increase
the maximum height for parcels east of Goodlette-Frank Road to 75 feet
zoned height and 85 feet actual height; by amending Section IV, Business
District, to include hotel, motel, senior housing including independent living,
assisted living, skilled nursing, continuing care retirement community and
intermediate care facilities as additional uses, establishing a floor area ratio
of.6 for the additional uses, and revising the development standards to
increase the maximum height for parcels east of Goodlette-Frank Road to
75 feet zoned height and 85 feet actual height for the CPUD property located
in Section 27, Township 48 South, Range 25 East, Collier County, Florida,
consisting of 105 acres; and by providing an effective date.
B. This item to be heard at 2:00 p.m. This item requires 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 PUDZ-A-PL20120000726, The Top Hat Auto Commercial Planned
Unit Development (CPUD), an Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance 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 herein described real property from the
Princess Park Planned Unit Development Zoning District to a Commercial
Planned Unit Development (CPUD) Zoning District for an 11.36+/- acre
parcel to be known as the Top Hat Auto CPUD, to allow construction of an
automotive sales facility with associated repair services, on property located
at 6780 Airport Road North in Section 1, Township 49 South, Range 25
East, Collier County, Florida; providing for repeal of Ordinance No. 84-34,
as amended, the Princess Park PUD; and providing an effective date.
Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
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March 12, 2013
A. Appointment of a member to the Collier County Coastal Advisory
Committee.
B. Appointment of a member to the Library Advisory Board.
C. Appointment of members to the Collier County Code Enforcement Board.
D. Reappointment of members to the Golden Gate Community Center Advisory
Committee.
E. Recommend that staff be directed to research the history and trends of
Impact Fees and Business Development Fees in Florida Counties and other
States in advance of an anticipated discussion by the Board of County
Commissioners regarding the Collier County Impact Fee structure.
(Commissioner Nance)
F. Recommendation the Board of County Commissioners direct staff to present
a proposal to the Board at the second meeting in April 2013, establishing
one dog park in each commission district, and to add a dog park at the North
Naples Regional Park facility. Further, to direct staff to communicate with
the State to determine if a section of Wiggins State Park can be designated to
allow for dog walking along a portion of that beach on a limited schedule.
Any site selected for a dog park should be at a sufficient distance from
residential neighborhoods to ensure that private property owners' ongoing
right to the quiet enjoyment of their property is in no way compromised, as
provided by law. (Commissioner Hiller)
G. Recommendation the Board of County Commissioners (Board) direct staff
to develop a budget and implementation program to install emergency
vehicle pre-emption devices with white confirmation beacons at signalized
intersections as may be required as expeditiously as possible. The
emergency vehicle pre-emption system with white confirmation beacons is
essential to shorten the response times of emergency service vehicles as such
a system allows these vehicles to change a red signal to a green signal in
advance of intersection crossings while simultaneously announcing the
imminent approach of an emergency service vehicle through the use of white
confirmation beacons - thus ensuring a cleared roadway ahead of the
emergency vehicle's arrival. The installation of the pre-emption system
should be prioritized based on the most frequently used intersections by
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March 12, 2013
EMS and Fire Services. Accordingly, staff shall seek input from these
agencies to determine installation priorities. Staff shall present a proposed
budget and installation schedule for an emergency pre-emption signal
system by the first meeting in April, 2013. Providing a safe green to
approaching emergency service vehicles may save minutes. Saved minutes,
save lives. (Commissioner Hiller)
H. Recommendation the Board of County Commissioners direct staff to prepare
solicitations for the post of County Medical Director and Deputy County
Medical Director; that positions for County Medical Director and Deputy
County Medical Director be posted to accept applications by April 1, 2013;
further, that staff bring back the slate of all applications received for Board
review and consideration by the first Board Meeting in May, 2013. The
solicitation for the position of County Medical Director shall provide that the
applicant shall not be affiliated directly, nor indirectly with any local
hospital. The County Medical Director approves the county's emergency
service protocols and as such all conflicts of interest in appearance and in
fact must be avoided for ethical and legal reasons. (Commissioner Hiller)
I. Recommendation to establish a policy limiting the acceptance of anonymous
complaints for Code Enforcement and Domestic Animal Services code
violations. (Commissioner Henning)
11. COUNTY MANAGER'S REPORT
A. Recommendation to provide direction on a proposed Land Development
Code amendment to the Commercial Two and Three Zoning Districts to
allow existing structures which exceed square foot limitations to be occupied
by similar uses that have equal square footage limitations as the original user
without having to go through a Conditional Use. (Mike Bosi, Planning &
Zoning Interim Director, Growth Management Division)
B. This item to be heard at 11:00 a.m. Recommendation to adopt a Bond
Resolution authorizing the issuance of Bonds in an amount not to exceed
$78,000,000 in order to refund all remaining outstanding Collier County,
Florida Capital Improvement and Refunding Revenue Bonds, Series 2003
and Series 2005. (Mark Isackson, Corporate Financial and Management
Services Director)
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March 12, 2013
C. This item to be heard at 3:00 p.m. Recommendation to review history and
public benefit associated with the proposed Whippoorwill Lane & Marbella
Lakes Drive connection project, consider current comments from the public
and after consideration, provide direction to the County Manager or his
designee prior to soliciting an invitation to bid for this project. (Nick
Casalanguida, Growth Management Administrator)
D. Recommendation to establish a new position classification and salary range
assignment for County Commission staff members and approve a final floor
plan for the BCC Office. (Len Price, Administrative Services Administrator)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to authorize the County Attorney to advertise an ordinance
for future consideration which would provide for a Hearing Examiner.
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2012 and
authorization to file the related State of Florida Annual Local Government
Financial Report with the Department of Financial Services.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation the Board of County Commissioners acting as
the Collier County Airport Authority review options, consider
organizational and operational structures and prepare to provide
direction regarding management and operation of the Collier County
Airports. Options to consider should include but not be limited to
maintaining the existing Airport Authority/Executive Director
structure, Contract Airport Management, Long-term Lease of Airports
(Public-Private Partnership), Sale of the Airports (Full Privatization),
and/or any combination thereof. (Commissioner Nance)
B. COMMUNITY REDEVELOPMENT AGENCY
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March 12,2013
1) Election or reelection of Collier County Community Redevelopment
Agency (CRA) Chair and Vice-Chair for 2013.
2) Recommendation that the Community Redevelopment Agency (CRA)
review and discuss a letter dated March 5, 2013 from Bayshore
Cultural and Performing Art Center (CAPA) and provide guidance.
(Commissioner Fiala)
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 DIVISION
1) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$376,860.76 which was posted as
a development guaranty for work associated with Germain Toyota.
(Application Number AR-14125)
2) Recommendation to approve an Adopt-A-Road Program Agreement
for Hunter Boulevard from Santa Barbara Boulevard to Golden Gate
Parkway for the volunteer group, Tri Rose Realty.
3) Recommendation to approve an Easement Agreement and Temporary
Easement Agreement for acquisition of a Drainage Easement (Parcel
No. 272 DE) and Temporary Construction Easement (Parcel No.
272TCE) required for construction of the Haldeman Creek and Crown
Pointe Weirs segment of the Lely Area Stormwater Improvement
Project (#51101). Estimated Fiscal Impact: $2,325.
4) Recommendation to approve the release of lien in the amount of
$17,662 for a payment of$1,362.00, in Code Enforcement Action
entitled Board of County Commissioners vs. Olga Nikolakopoulos,
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Code Enforcement Case Number CEPM20100005355, relating to
property located at 1412 Monarch Circle, Collier County, Florida.
5) Recommendation to approve the release of lien in the amount of
$18,512.20 for a payment of$562.20, in Code Enforcement Action
entitled Board of County Commissioners vs. Wyneta Thelice, Code
Enforcement Case Number CESD20100018577, relating to property
located at 5472 27th Place SW, Collier County, Florida.
6) This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the final plat of the Hampton Village Phase 1 Replat
(PL20120002486), approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
7) This item was continued from the February 12, 2013 BCC Meeting.
This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the final plat of Camden Lakes, Application Number PPL-
PL20120000747 approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
8) This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the final plat of Riverstone - Plat 4 (PPL-PL20120002198),
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
9) Recommendation to approve the removal of Collier County as the
Lessee from the Sovereignty Submerged Land Aquaculture Lease as
requested by the State of Florida.
10) Recommendation to approve award of Contract #13-5993, Project No.
60088 to Midwestern Software Solutions for consulting services to
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March 12, 2013
develop and support a Traffic Count Software system. Contract
award amount $101,840.
11) Recommendation to provide a copy of the requested Official
Interpretation (OI) regarding the legal standing of the Site
Development Plan Insubstantial change (SDPI-PL20120000824)
that provided for redevelopment of the Riverchase Commercial
Center's landscape plan.
12) This item continued from the February 26, 2013 BCCMeetin,'.
Recommendation to approve Change Order 5 to Contract #09-5278
in the amount of$326,199 and for an additional 413 days (Phase I)
with Stanley Consultants, Inc., for Design & Related Services for the
Intersection Capacity Improvements to the US41 and SR/CR951
Intersection and Resurfacing, Restoration and Rehabilitation (3R)
roadway improvements to SR951; Project No. 60116.
13) Recommendation to consider a refund for the Subdivision Inspection
Fees, Utility Inspection Fees, and Excavation Inspection Fees, totaling
$30,109.01, requested by Norwood Naples, LLC for a project known
as 2005-AR-8592 and approve a budget amendment as required.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency review and approve the Bayshore Gateway Triangle and
Immokalee CRA's 2012 Annual Reports, forward the reports to the
Board of County Commissioners and Clerk of Courts and publish
public notice of the filing.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to accept Amendment No. 2, a $308,000 increase in
grant funding from the South Florida Water Management District for
Alternative Water Supply Grant Number 4600002535 and authorize
the necessary budget amendment.
2) Recommendation to award bid #13-6033, "7th St. SW Raw Water
Booster Station Pump and VFD Replacement," to Hinterland Group,
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March 12, 2013
Inc., in the amount of$653,400, and authorize a budget amendment in
the amount of$350,000 for Project Number 70085.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve an agreement with Naples Community
Health Care (NCH) System in cooperation with the Safe and Healthy
Children's Coalition of Collier County to provide water safety
instruction to Collier County youth identified with the SWIM Central
Program in the amount of$4,000.
2) Recommendation to approve three (3) Subrecipient Agreements with
Catholic Charities of Collier County, Diocese of Venice, The Shelter
for Abused Women and Children and St. Matthews House for the
FY 12-13 U.S. Housing and Urban Development (HUD) Emergency
Solutions Grant (ESG).
3) Recommendation to authorize staff to advertise an ordinance that
repeals the State Housing Initiatives Partnership (SHIP) Program
Ordinance (Ordinance No. 93-19, as amended) and the Affordable
Housing Advisory Committee Ordinance (Ordinance No. 91-65, as
amended) and adopt a single consolidated ordinance establishing the
Collier County SHIP Local Housing Assistance Program for
consideration by the Board at a future meeting.
4) Recommendation to approve the submittal of"Criminal Justice
Mental Health and Substance Abuse Reinvestment Grant Program
Grantee Application for Advance Funding" to the Florida Department
of Children and Families (DCF) and the corresponding budget
amendment to recognize revenue in the amount of$182,216.27.
5) Recommendation to accept a donation from the recently dissolved
Collier County Friends of Extension, Inc. in an amount of$40,631.43,
approve a budget amendment in that amount recognizing revenue and
appropriating $21,400 to supplement existing education program
materials and supplies and place the remaining $19,231.43 in reserves.
E. ADMINISTRATIVE SERVICES DIVISION
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March 12, 2013
1) Recommendation to create two new projects within the Court
Facilities Fees Capital Fund 181, for Court approved projects for
improvements to the Courthouse and authorize budget amendments in
the amount of$425,000
2) Recommendation to adopt a Resolution and approve a Lease
Agreement with State Representative Carlos Trujillio for use of
County-owned office space for two years for total revenue of$20.
3) Recommendation to approve contracts #09-5262-S2, Countywide
Engineering Services for Coastal Engineering Services with Humiston
and Moore Engineers and Turrell, Hall & Associates, Inc. and
authorize the chairwoman to sign the County Attorney approved
contracts.
4) Recommendation to award Request for Proposal (RFP) #13-6045,
Independent Legal Services for the Value Adjustment Board and
authorize the Board's representative to approve the contract to Bond
Schoeneck & King, PLLC.
5) Recommendation to approve the submittal of an EMS Matching Grant
Application to the State of Florida Department of Health, Bureau of
Emergency Medical Services for bariatric equipment in the amount of
$30,000 in grant funds and a required local match of$10,000.
6) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
7) Recommendation to reject Invitation to Bid (ITB) #12-5959 for Alarm
Monitoring Services and extend ITB #08-5101 —Alarm Monitoring
Services to DA Systems d/b/a Dehart Alarm Systems for six (6)
months or until a new solicitation is executed.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012-13 Adopted Budget.
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March 12, 2013
2) Recommendation to accept the fourth annual report on the "Impact
Fee Program for Existing Commercial Redevelopment" and approve a
resolution extending the program to July 1, 2013, in light of the
upcoming May, 2013 discussion/workshop where this has been
identified as a potential topic.
3) Recommendation to approve a resolution providing for an updated
distribution of the Five Cents and Six Cents Local Option Fuel Taxes
between the County, the City of Naples, the City of Marco Island and
Everglades City and authorize submittal of the resolution and findings
to the Florida Department of Revenue for implementation.
4) Recommendation to provide direction to the County Manager, or
his designee, on the refund of previously paid Affordable Housing
Contributions upon the approval of minor changes to Planned Unit
Developments or Settlement Agreements to remove the Affordable
Housing Contribution commitments, in accordance with the newly
approved Land Development Code process.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Advisory board vacancies March 1-22, 2013.
2) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attending the Grand Reopening of the Conservancy of Southwest
Florida on April 18, 2013. $75 to be paid from Commissioner Hiller's
travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon February 21,
2013. $18 to be paid from Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
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March 12,2013
Attended the Marco Police Foundation Luncheon on January 31,
2013. $20 to be paid from Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the United Arts Council of Collier County Stars in the Arts
Awards Luncheon February 28, 2013. $45 to be paid from
Commissioner Fiala's travel budget.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Free-Net Annual Meeting & Dinner March 11,
2013. $17 to be paid from Commissioner Fiala's travel budget.
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attending the Honor the Free Press Day Luncheon March 13, 2013.
$30 to be paid from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
February 21, 2013 through February 27, 2013 and for submission into
the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to adopt a Resolution extending the existence of the
Collier County ATV Park Ad Hoc Committee 12 additional months.
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
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March 12,2013
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 continued to the March 26, 2013 BCC Meetinji. This item
requires ex parte disclosure be provided by Commission members. Should
a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Petition VAC-PL20120002564, to disclaim,
renounce and vacate the County and the Public interest in a portion of the
Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract
"S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase
One, Plat Book 17, pages 47 through 49 of the Public Records of Collier
County, Florida, being a part of Section 5, Township 50 South, Range 26
East, Collier County, Florida, more specifically shown in Exhibit A and to
approve the Grant of Easement to replace the vacated U.R.O.S. easement.
B. This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20120002603, to disclaim, renounce and vacate all of Preserve P-6 and a
portion of Preserve P-8, as recorded in Official Record Book 2406, pages
0549 through 0589, of the Public Records of Collier County, Florida, all of
Preserve/Replant areas PA94, PA95, a portion of Preserve/Replant areas
PA96 and PA102, being a part of Tract 8 of Vanderbilt Country Club - 2,
Plat Book 32, pages 42 through 55 of the Public Records of Collier County,
Florida, and a portion of Preserve/Replant areas PA96 and PA102, being a
part of Tract FD10 of Vanderbilt Country Club - 2, Plat Book 32, pages 42
through 55 of the Public Records of Collier County, Florida, being a part of
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
more specifically shown in Exhibit A and to approve the Grant of Easement
to replace the vacated Preserve/Replant areas.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 16
March 12,2013
March 12, 2013
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Good morning. The Board meeting
is now in session.
Before we begin, I'd like to make a special announcement. We
have a very special guest this morning who will lead us in the Pledge
of Allegiance. The members of the Boy Scouts Pack 242, Den 8, are
here to lead us in the pledge.
And so what I will do is after the invocation by Pastor Jim
Thomas, and thank you very much for being here this morning with
us, I will step down, bring up Commissioner Henning's son and his
two den mates to, as I said, lead us. So if you'll bear with me when I
step down after the invocation, I would appreciate that.
So Commissioner Henning, are the Scouts here?
COMMISSIONER HENNING: They are.
CHAIRWOMAN HILLER: Thank you. Could I ask that they
come and sit up here in the first three seats so that I can bring them
forward at the appropriate time.
COMMISSIONER HENNING: That's great.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
CHAIRWOMAN HILLER: Gentlemen, if you would kindly sit
in the first three seats. I believe they look like they're even reserved
for you. Thank you very much.
If we could all rise for the invocation.
PASTOR THOMAS: May we pray.
Lord, we come here this morning seeking help of the Spirit as we
offer this prayer to you. Lord, your Word calls us to be servants, and
we thank you for these people that come to serve. We pray, dear
Lord, to serve the poor, the disenfranchised, as well as the wealthy and
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March 12, 2013
the powerful and all those in between.
Lord, we pray for wisdom and for courage. For wisdom for the
decisions that are made here and for the courage to carry them out.
And Lord, we pray for open minds and open hearts to hear what
each other has to say as these issues are discussed, and open minds
and open hearts to hear your will and to walk in your way. And we
humbly offer this prayer to you this morning. Amen.
(Pledge of Allegiance was recited in unison.)
(Applause.)
CHAIRWOMAN HILLER: County Manager, before we get
started with the agenda, I would like to ask the Board's indulgence on
the order of the agenda and minutes approval.
The Director of Public Records for the Clerk's Office, Trish
Morgan, made an observation, and her observation is sound and is
supported by logic, and that is that items 2.B and 2.0 ought to come
before 2.A so that when we finally approve the regular agenda as
amended with respect to items that had been moved from the consent
and the summary.
And while we are planning on making this a formal change as of
the next meeting, I would like us to practice at this one so we don't go
through that same confusion with ex parte communications and what
has shifted from which, you know, summary or consent agenda
section to the general.
So if I could have a motion that we move Item 2.A to where 2.0
is, and 2.B to where 2.0 is, then we can proceed in a very orderly
fashion with respect to these approvals.
COMMISSIONER HENNING: Move to shift.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
All in favor?
COMMISSIONER FIALA: Aye.
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March 12, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
So with that, let me begin with --
MR. OCHS: Go ahead. Do you want to go through the agenda
changes first or do you want to wait?
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR
ADOPTED
CHAIRWOMAN HILLER: Let's wait on that. I don't think it's
going to matter in this particular instance.
So let's begin with 2.B, which is now 2.A, which are the consent
agenda items as amended. And if you would please provide your ex
parte disclosures, beginning with Commissioner Henning.
COMMISSIONER HENNING: 2.B, I have no -- I have one
communication on 16.A.8, Apple 8. I received some emails on the
plat for Riverstone.
And I have no changes to today's consent agenda.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I have no ex parte disclosure for
the consent agenda.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I have no ex parte disclosure on the
consent agenda, nor changes.
CHAIRWOMAN HILLER: Commissioner Fiala?
Page 4
March 12, 2013
COMMISSIONER FIALA: 2.B or not 2.B.
CHAIRWOMAN HILLER: You sound so sick.
Wait, wait, Commissioner Fiala is not feeling well. She got the
flu, so we all have to be very patient, kind and understanding with her.
COMMISSIONER FIALA: And bronchitis.
CHAIRWOMAN HILLER: And bronchitis. So now no one is
allowed to kiss her. So all of you who were going to run up to hug
and kiss her, I highly recommend you avoid that. So we will indulge
you.
COMMISSIONER FIALA: I'm fine enough now.
CHAIRWOMAN HILLER: Let us know.
COMMISSIONER FIALA: I'm fine.
And on the consent agenda, I have nothing to declare.
CHAIRWOMAN HILLER: And I have nothing to declare on
agenda A as amended.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
Page 5
March 12, 2013
MEMBERS FOR SUMMARY AGENDA.) — ADOPTED
CHAIRWOMAN HILLER: The next item on the agenda was
2.C, and that now becomes 2.B, which is the approval of today's
summary agenda and disclosure of ex parte to be provided by the
commissioners.
Commissioner Henning?
COMMISSIONER HENNING: I have no ex parte
communications on today's summary agenda and have no changes to
the summary agenda.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I have no ex parte disclosure for
the summary agenda.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: On the summary agenda, I've had a
meeting on Item 17.A, which is the easement for the Embassy Woods
Golf and Country Club. Other than that, no disclosures and no
changes.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have no disclosures.
CHAIRWOMAN HILLER: Any changes?
COMMISSIONER FIALA: No changes.
CHAIRWOMAN HILLER: May I have a motion to accept the
summary agenda.
COMMISSIONER FIALA: Motion to accept the consent agenda
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: -- summary agenda.
CHAIRWOMAN HILLER: I have a second from Commissioner
Nance.
There being no discussion, all in favor?
COMMISSIONER FIALA: Aye.
Page 6
March 12, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, may I go through the --
CHAIRWOMAN HILLER: Yes.
MR. OCHS: -- changes to the regular agenda?
Item #2C
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
- APPROVED AND/OR ADOPTED W/CHANGES
CHAIRWOMAN HILLER: Yes. And now we're moving
through the approval of today's regular agenda as amended. There are
changes from what was originally published.
County Administrator, would you like to go ahead and present?
MR. OCHS: Thank you, Madam Chair. Good morning,
Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of March 12th, 2013.
The first proposed change is to continue Item 6.B to the March
26th, 2013 Board meeting, and that request is made by the petitioner.
Next proposed change is to move Item 8.A to become Item 9.A
under advertised public hearings. This item was inadvertently placed
in the wrong spot on your agenda index. It's not a Board of Zoning
Appeals hearing, it's a public hearing in front of the Board of County
Commissioners.
The same holds true for Item 8.B. That should be Item 9.B on
your agenda this morning.
The next proposed change is to continue indefinitely Item 11.C.
Page 7
March 12, 2013
That is the recommendation to consider the connection of
Whippoorwill Lane from Pine Ridge Road to Livingston Road,
running adjacent to the Marbella Lakes development and other
developments in that area. The homeowners association has asked the
staff for an additional -- some additional time to further discuss the
potential traffic impacts and timing of those improvements. So we
would like to take advantage of that offer and bring this back after that
subsequent discussion.
One agenda note this morning, Commissioners. It's on Item
10.H, which is an item under Board of County Commissioners relating
to a proposal by Commissioner Hiller. And the recommendation is
modified in part to read as follows: The applicant shall not be
affiliated directly nor indirectly with any local hospital or in the
alternative must be affiliated with all local hospitals.
And I believe that change is made at Commissioner Hiller's
request. Ma'am, I believe that accurately reflects your intent?
CHAIRWOMAN HILLER: It does. It was very well written.
MR. OCHS: Thank you.
Then we have a series of time certain items on your agenda
today, Commissioners. The first item is 13.A. That will be heard at
10:00 a.m. That's the report of your comprehensive annual financial
report and the presentation by your external auditor.
Item 11 .B will be heard at 11 :00 a.m. That's a sales tax bond
refunding resolution proposal.
Item 14.A.1 will be heard at 11 : 15. That is a recommendation to
consider options for the operation of your Collier County airports.
Item 9.A will be heard at 1 :00 p.m. That's the Creekside
Commerce Park PUD amendment.
And finally, Item 9.B will be heard at 2:00 p.m. That is the Top
Hat Auto PUD amendment.
And those are all the changes that I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you very much.
Page 8
March 12, 2013
Any discussion?
(No response.)
CHAIRWOMAN HILLER: I would like to address one item, if I
may, and that is continuing 6.B to the March 26th meeting. This item
has been continued twice. And while I appreciate the petitioner's
request to continue this, I think at this point we should not really as a
board be continuing this item but rather if the petitioner would like to
bring this back on a future agenda as the law allows, that it be handled
in that fashion.
And I would also ask, because I have been following the emails, I
understand that the petitioner made a public records request for
documents, which staff has fulfilled. And it is my understanding that
the petitioner has not picked up those documents. And I would ask
that, you know, again, staff please communicate with the petitioner
and please again remind him that everything was done and done
timely and awaiting his pickup. And then at a future time if he wants
to come back and petition the Board that, you know, he can do so.
But to constantly be continuing an item like this really suggests an
indefinite continuance, which procedurally is just not appropriate.
Would that be acceptable --
COMMISSIONER COYLE: Motion to approve.
CHAIRWOMAN HILLER: Thank you. Do I have a second?
COMMISSIONER FIALA: I do.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, motion
passes unanimously and that change will be incorporated.
May I have a motion to approve today's regular agenda as
amended.
COMMISSIONER FIALA: Motion to approve today's regular
agenda as amended.
CHAIRWOMAN HILLER: May I have a second?
Page 9
Proposed Agenda Changes
Board of County Commissioners Meeting
March 12,2013
Continue Item 6B to the March 26,2013 BCC Meeting: This item continued from the February 26,2013
BCC Meeting. Public Petition request from Randall J.Cohen regarding practices and procedures.
(Petitioner's request)
Move Item 8A to Item 9A: This item to be heard at 1:00 p.m. 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 the Creekside Commerce Park
Commercial Planned Unit Development amendment. (Staffs request)
Move Item 8B to Item 9B: This item to be heard at 2:00 p.m. 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 the Top Hat Auto Commercial
Planned Unit Development amendment. (Staffs request)
Continue Indefinitely Item 11C: Recommendation to review the history and public benefit associated
with the proposed Whippoorwill Lane and Marbella Lakes Drive connection project,consider current
comments from the public and after consideration,provide direction to the County Manager or his
designee prior to soliciting an invitation to bid for this project. (Staffs request in conjunction with
the Homeowners Association request in order to further evaluate traffic impacts and the appropriate
timing of improvements.)
Note
Item 10H: Recommendation is modified,in part,as follows: "...the applicant shall not be
affiliated directly,nor indirectly with any local hospital,or,in the alternative,must be affiliated with
all local hospitals..." (Commissioner Hiller)
Time Certain Items:
Item 13A to be heard at 10:00 a.m.
Item 11B to be heard at 11:00 a.m.
Item 14A1 to be heard at 11:15 a.m.
Item 8A 9A to be heard at 1:00 p.m.
Item 8B-9B 9B to be heard at 2:00 p.m.
3/12/2013 8:40 AM
March 12, 2013
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Page 10
March 12, 2013
Item #2D
MINUTES OF THE FEBRUARY 12, 2013 - BCC/REGULAR
MEETING - APPROVED AS PRESENTED
MR. OCHS: Takes you to 2.D, ma'am.
CHAIRWOMAN HILLER: Thank you. This is the approval of
the February 12, 2013 BCC regular meeting minutes. If there's no
discussion on this, may I have a motion to approve?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Thank you. There being a motion, a
second and no discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #4A
PROCLAMATION DESIGNATING MARCH 10-16, 2013 AS
SUNSHINE WEEK IN COLLIER COUNTY. ACCEPTED BY
ROBERT ST. CYR, DIRECTOR OF COMMUNITY OUTREACH,
CLERK OF COURTS — ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 4 on your
agenda this morning, proclamations.
Item 4.A is a proclamation designating March 10th through the
16th, 2013 as Sunshine Week in Collier County. To be accepted by
Robert St. Cyr, Director of Community Outreach, Clerk of Courts.
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March 12, 2013
This item is sponsored by Commissioner Nance.
Mr. St. Cyr, please come forward. Good morning.
(Applause.)
CHAIRWOMAN HILLER: Actually, Leo, how about some
anti-bacterial hand wash. Just bring it up here so when everyone
shakes Commissioner Fiala's hand they can rub it clean afterwards.
(Applause.)
COMMISSIONER NANCE: I'd just like to make a couple
comments on the proclamation. And thank you, Bob, for accepting
that.
Collier County has gone well out of its way to have an open
government for the people, to allow the people to come in and
participate in local government. And I would just like to say on behalf
of the Board of County Commissioners and our elected constitutional
officers, which of course provide the checks and balances in
government, and that is -- those people, the Clerk of Courts Dwight
Brock, the Property Appraiser Abe Skinner, the Tax Collector Larry
Ray, and the Supervisor of Elections Jennifer Edwards, together with
this Board are dedicated to providing open government that's
participatory in every way.
So thank you, Bob, so much today.
MR. ST. CYR: Well, thank you. Bob St. Cyr, Director of
Community Outreach for the Clerk of the Circuit Court.
And first of all, Commissioner Nance, thank you for sponsoring
the proclamation this year. And I want to thank the Board of County
Commissioners for the proclamation declaring Sunshine Week in
Collier County, March 10th through the 16th.
As you know, Sunshine Week provides an excellent opportunity
for all of us to be reminded about the open records laws, the right of
people to request and inspect records, and also to attend public
meetings.
And for the past few years the Clerk's Office has been at the
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March 12, 2013
forefront of creating these proclamations so that it would get some
visibility in the community. In addition to that, we issue press
releases and we have been holding seminars, free open public
seminars so that the people can actually see how to inspect records
and go on and look up records using Collierclerk.com. And over the
past years we literally have trained hundreds of citizens, if not
thousands, on how to use the Clerk's website. So we're very proud of
that.
And in fact on March 26th, at the Naples library on Central
Avenue, we'll be providing another free and open seminar on how to
search public records using Collierclerk.com.
The only thing I want to tell you, anyone who's interested in
attending, you better register early, because we have already over 90
people signed up. So they're very popular, and they seem to
accomplish what we're trying to do which was to make the records
more publicly accessible to the citizens of Collier County. Thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MARCH 2013 AS "9-5-2-1-0
LET'S GO! NATIONAL NUTRITION MONTH" IN COLLIER
COUNTY, FL. ACCEPTED BY DR. TODD VEDDER, CHAIR,
SAFE AND HEALTHY CHILDREN'S COALITION OF COLLIER
COUNTY; DEB MILLSAP, PUBLIC INFORMATION OFFICER,
COLLIER COUNTY HEALTH DEPARTMENT; AND PAULA
DIGRIGOLI, EXECUTIVE DIRECTOR, SAFE AND HEALTHY
CHILDREN'S COALITION OF COLLIER COUNTY — ADOPTED
MR. OCHS: Item 4.B is a proclamation designating March,
2013 as 95210 Let's Go!, National Nutrition Month in Collier County,
Florida, to be accepted by Dr. Todd Vedder, Chair, Safe and Healthy
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March 12, 2013
Children's Coalition of Collier County, Deb Millsap, Public
Information Officer, Collier County Health Department, Paula
DiGrigoli, Executive Director, Safe and Healthy Children's Coalition
of Collier County.
This item is sponsored by the entire Board of County
Commissioners.
Would you please step forward.
COMMISSIONER FIALA: Isn't there a song 95210 or
something?
CHAIRWOMAN HILLER: No, it's 90210. It was the
neighborhood in Hollywood where all of the hot kids supposedly
came from.
DR. VEDDER: Thank you, County Commissioners, for having
us, and for recognizing this occasion of National Nutrition Month.
For the last couple of months it seems like I've been battling the
flu epidemic in my office. I wish Commissioner Fiala a speedy
recovery.
But I'm here today to talk to you briefly about another epidemic
which makes the flu pale in comparison. Childhood obesity has been
increasingly plaguing our nation's youth for the last two decades. And
Collier County has by no means been immune to this.
I've posted up here our most recent statistics from the Collier
County Public Schools of the -- this is 2011, 2012 academic year.
You can see that of the children screened at the elementary and middle
schools 24 percent had a BMI greater than 95 percent, which puts
them in the obese range. And then there's another 19 percent, the
orange section, where these children are at risk for becoming obese.
And if you break it down by individual schools, you can see that
no school, no public school in Collier County, has obesity rate less
than 10 percent of the children screened. And there are 11 schools
that have obesity rates greater than 30 percent. And if you take into
account the children that are at risk for being obese, you actually see
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March 12, 2013
some schools in Collier County where the majority of children are
overweight.
And childhood obesity threatens our nation in many ways. On
the security front, a 2011 report from retired admirals and generals
actually listed obesity as the leading medical reason for exclusion
from military recruitment. So literally the obesity issue poses a
national security threat.
On the medical front, people who are obese are much more likely
to go to the doctor's office, they're more likely to be diagnosed with
chronic medical conditions and mental health issues, and they're more
likely to be hospitalized.
And I have a little patient, I'll call him Q. He comes to my
office, he's a six-year-old in kindergarten. And he told his mom one
day, mom, I can't see the whiteboard -- I guess it's not a blackboard
anymore -- I can't see the whiteboard anymore in school, I'm having
trouble, I'm having headaches. And he wears glasses, so mom thought
his glasses just needed to be corrected. So they took him to the
doctor, the ophthalmologist, and he said that your son's optic serves
are swollen. And so they promptly sent him over to Miami Children's
Hospital and they found that Q had increased swelling or pressure on
his brain. And this is a rare condition but it's called pseudotumor
cerebri, and it's associated with obesity.
So the treatment for this child was he had to undergo several
spinal taps to relieve the pressure, but then his treatment has basically
been weight loss.
So obesity hurts us in many ways. So in an effort to stem the tide
of this weighty epidemic, the Safe and Healthy Children's Coalition,
of which I'm chair -- and I'm a community pediatrician, if you haven't
guessed -- and the Health Department from Collier County have
launched a health and wellness campaign during the month of March,
which happens to be National Nutrition Month, and we chose 95210
BFF Let's Go! as a catchy and easy way for children, parents and
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March 12, 2013
grandparents to remember how to make healthier lifestyle choices.
We certainly know that caregivers have as much to gain, or
should I say lose, as their kids or grandkids.
So the numbers real quick: The nine means nine hours of sleep.
I know most of us in the room aren't quite getting that, but a lot of this
is geared towards the kids, so nine hours of sleep. Five servings of
fresh fruits and veggies per day. Less than two hours of screen time.
One hour of physical activity. 0 sugary beverages and tobacco. And
the BFF stands for breastfeeding for the first year of life.
Many community partners have been involved in this initiative.
And I would just like to single out Whole Foods Market, real quickly,
for sponsoring our Kids on the Go program at three of the Golden
Gate elementary schools where the obesity rates are all greater than 30
percent.
At these three schools, over 150 third to fifth graders are in the
process of running the equivalent of a marathon. They started on
February 25th, they run a little bit each morning before school starts,
and on May 23rd is going to be their final celebratory mile run over at
Golden Gate High School, and certainly any of the Commissioners are
welcome to attend. We have Sheriff Rambosk there in one picture and
there's Superintendent Patton shooting off the starter pistol, so it's a
good time and a great event.
Many thanks to Deb Millsap and her outstanding team from the
Collier County Health Department for jump-starting the 95210 BFF
effort in our community. We hope this campaign will last well
beyond March 31st, but we will need everyone, everyone, to think
outside the juice box if we are to stand a chance against this epidemic.
And we're hoping we can enlist the help of our County
Commissioners to overcome legal obstacles that -- to help us develop
joint use agreements with playgrounds and sports fields, help us plant
community gardens, expand co-op initiatives that move local fresh
produce more directly to daycares and after-school programs, and
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March 12, 2013
many, many more things.
But we really hope that the County Commissioners and everyone
in this room champion this idea and make 95210 mean more than just
a catchy collection of numbers.
So I thank you again for recognizing the national nutrition month
efforts. Thank you for all you do for the children of Collier County
and take care. And get well.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: (Applause.)
COMMISSIONER FIALA: I'm on the right side of well.
Dr. Vedder, in the list of schools that you had there, I notice that
a lot of the lower income schools were on that list. I'm wondering,
does that mean that they choose something sweet and sugary to fill
them up rather than something wholesome because maybe the parents
are working, maybe they don't have time to shop and cook for their
children like maybe parents that are -- you know, they have a mom at
home or something. Does that have anything to do with it?
DR. VEDDER: Absolutely. This is across the country,
socioeconomically disadvantaged area have, you know, less access to
fresh fruits and vegetables, less access to areas where they can play
safely and freely. Certainly there are some cultural factors at play, and
just access to healthy food choices. If you can spend a dollar for a Big
Mac, that, you know, tends to be cheaper than a couple dollars for a
batch of bananas, so that, you know, you've got to go with what's
cheapest to feed your family.
CHAIRWOMAN HILLER: Doctor, if I may, while you were
speaking, I was listening to you and I was quickly looking up on the
Internet a little bit of information on BMI so our constituents can
actually check themselves. And the Center for Disease Control, there
are many websites that have BMI calculators, which is a body mass
index calculator.
But the Center for Disease Control is a government website and
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March 12, 2013
you can go to that website and you can input information for yourself,
your kids, as to what your current weight and height is, and then it will
actually spit out your BMI and tell you how you rate, whether it's, you
know, below average, average or -- I shouldn't say average, that's not
the right word. Whether you're skinny, just right or --
COMMISSIONER NANCE: Or not.
CHAIRWOMAN HILLER: Or not. Or not. There you have it.
So I just want to let everybody know what the BMI is. Because
it is a very, very important indicator.
DR. VEDDER: Thank you for pointing that out. Thank you.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MARCH 17-23, 2013 AS
SURVEYOR'S WEEK IN COLLIER COUNTY. ACCEPTED BY
MARCUS BERMAN, SCOTT RHODES, RICK RITZ AND DAVID
SHEPPARD — ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating March 17th
through the 23rd, 2013 as Surveyors Week in Collier County. To be
accepted by Scott Rhodes, Rick Ritz and David Sheppard. And this
item is sponsored by Commissioner Coyle. Please come forward.
(Applause.)
MR. RITZ: Commissioners, thank you very much for
recognizing the surveying community.
I am Rick Ritz. I am the Director for the Florida Surveying and
Mapping Society, which was founded in 1955. We have over 2,200
members and 22 local chapters across the State of Florida. I'm also
this year president of the local chapter, which is the Collier/Lee. And
our chapter, we're involved in the community, we support the Ronald
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March 12, 2013
McDonald House, the Harry Chapin Food Bank, Healthy Starts, and
we also have a scholarship program for anyone who is seeking a
degree in surveying.
So once again, we'd like to thank you for recognizing us.
CHAIRWOMAN HILLER: I'd like to make a quick comment. I
have the honor of knowing the direct descendent of Ellicott, who was
the surveyor of Washington D.C. And he actually lives in Washington
and they're a very prominent family up there. And Ellicott City was
named after Ellicott. So if you ever want to like dig back, you know,
to our founding fathers and who did what when, I'm sure he can give
you some information that came down through the history of his
family, if you're ever interested. I'd be happy to make the
introduction.
MR. RITZ: We would appreciate that. Thank you very much.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING MARCH 16, 2013 AS SAVE
THE FLORIDA PANTHER DAY IN COLLIER COUNTY.
ACCEPTED BY TOM TROTTA, PRESIDENT, FRIENDS OF THE
FLORIDA PANTHER REFUGE; AMBER CROOKS,
SECRETARY, FRIENDS OF THE FLORIDA PANTHER
REFUGE; AND KEVIN GODSEA, PROJECT LEADER, SWFL
GULF COAST REFUGES — ADOPTED
MR. OCHS: Item 4.D is a proclamation designating March 16th,
2013 as Save the Florida Panther Day in Collier County. To be
accepted by Tom Trotta, President, Friends of the Florida Panther
Refuge; Amber Crooks, Secretary, Friends of the Florida Panther
Refuge; and Kevin Godsea, Project Leader, Southwest Florida Gulf
Coast Refuges.
Page 19
March 12, 2013
This item is sponsored by Commissioner Nance.
(Applause.)
MR. GODSEA: Thank you, Commissioners. Again, I'm Kevin
Godsea, Refuge Manager for Florida Panther and Ten Thousand
Islands National Wildlife Refuges.
And with this proclamation, also in conjunction with that, we
also have an open house for Florida Panther National Wildlife Refuge
this coming Saturday where we'll have Swamp Buggy tours, guided
hikes and hands-on archery workshops for kids. So we really
appreciate your dedication to conservation of endangered species
throughout the years.
And in the coming months, the Florida Panther National Wildlife
Refuge will be opening up public comments and public discussion on
how we manage the National Wildlife Refuge. So we're working on a
15-year comprehensive conservation plan, it's time for us to revise
that, and we look forward to a continued discussion with the county,
our state partners and the residents of Collier County on how we
actually manage the refuge over the next 15 years.
Thank you again for this important proclamation. Thank you for
all the work you do in conservation in Southwest Florida.
(Applause.)
Item #4E
PROCLAMATION RECOGNIZING AND CONGRATULATING
BOWLAND BEACON ON 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. ACCEPTED BY PATTY ROBINSON, GENERAL
MANAGER AND ED TRUJELLO, MECHANIC — ADOPTED
Page 20
March 12, 2013
MR. OCHS: Item 4.E is a proclamation recognizing and
congratulating Bowland Beacon on 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 Patty Robinson, General Manager, and Sue McLehorne.
This item is sponsored by Commissioner Hiller.
(Applause.)
CHAIRWOMAN HILLER: We have so many items for you, I'm
not sure if you can handle it all. If you need any help, I'm sure any of
the gentlemen in the audience will jump up to assist. Congratulations.
MS. ROBINSON: We are very honored to have this award and
promise to keep doing our best for the community. Thank you.
COMMISSIONER FIALA: You guys have done great work and
saved us a whole bunch of money.
Item #4F
PROCLAMATION RECOGNIZING ST. WILLIAM PARISH,
MORTON WASMER ABRAHAM, GENERAL CONTRACTOR,
AND COLLIER COUNTY GROWTH MANAGEMENT
DEPARTMENT FOR THEIR COLLABORATION ON THE
RENOVATION PROJECT OF THE ORIGINAL CHURCH BUILT
IN 1980 AND CONGRATULATING THEM ON COMPLETING
THE PROJECT THREE MONTHS AHEAD OF SCHEDULE DUE
TO THE SUCCESSFUL COOPERATION OF ALL THE PARTIES.
ACCEPTED BY FATHER GEORGE RATZMANN, MICHAEL
MAHR, FRANCESCA COPELAND, LEW SCHMIDT, ED
MARSCH, ROBERT CARSELLO, STAN CHRZANOWSKI, MIKE
BEHRNDT, SEAN MORTON, JOHN WASMER, TOM
ABRAHAM AND MIKE CHURA — ADOPTED
MR. OCHS: Item 4-F is a proclamation recognizing St. William
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March 12, 2013
Parish, Morton Wasmer Abraham, General Contractor, and Collier
County Growth Management Department for their collaboration on
the renovation project of the original church built in 1980, and
congratulating them on completing the project three months ahead of
schedule due to the successful cooperation of all the parties. To be
accepted by Michael Mahr, Francesca Copeland, Lew Schmidt, Ed
Marsch, Robert Carselo, Stan Chrzanowski, Mike Behrndt, Sean
Morton, John Wasmer and Mike Chura.
And this item is sponsored by Commissioner Hiller.
Congratulations.
(Applause.)
CHAIRWOMAN HILLER: You helped, right? Did you help in
any way? Jamie? Yes, Jamie. I didn't even see you there. Come on,
come on.
COMMISSIONER NANCE: Act like you like one another.
CHAIRWOMAN HILLER: Group hug.
(Applause.)
COMMISSIONER FIALA: You know, when Stan left, he
vowed he would always stay involved. And he sure has.
MR. MAHER: Commissioners, on behalf of Father George
Ratzmann, Pastor and parishioners of Siteway and Parish, I just want
to say thank you very much, Commissioner Hiller, for sponsoring this
and, Commissioners, for this recognition.
We'd also like to take this moment to say that we at St. William
are very grateful for what all has been accomplished. We were
blessed and we are grateful for the reason to do the expansion. That's
an expanding parish for the resources to do so.
We were also happy that it was -- we felt it was a good thing for
the larger Collier County community to have a project of this size at a
time when we felt like it was needed.
We especially want to thank Morton Wasmer Abraham,
Construction Managers, and the excellent work that they did. It was
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March 12, 2013
an ambitious schedule of 11 and a half months and they finished three
months early. It's just unheard of, so --
(Applause.)
CHAIRWOMAN HILLER: I would like to add to that. It was
an exceptional project. And it was 100 percent as a consequence of
what was truly a public/private partnership. The church and their
contractors in combination with county staff and community
volunteers like Stan Chrzanowski -- where are you, Stan? Okay.
Everybody stands up and look at -- Stan, thank you. Because Stan
was instrumental as the liaison between the county and the church and
their team. It was exceptional. At every single obstacle was
overcome efficiently and effectively. Everybody completed their
project happy. And the only person who isn't here today is Tom
Abraham, and we should recognize him and thank him for his
contribution and wish him the best.
MR. MAHER: He was the contractor on the job and did a
tremendous job of getting things done. He and Mike Chura are the
superintendent, orchestrated this thing like a symphony.
CHAIRWOMAN HILLER: It was.
MR. MAHER: It was wonderful to watch and to behold. And
also had an impeccable safety record and kept a very neat --
CHAIRWOMAN HILLER: Oh, it was amazing. I actually
visited the site during construction, and it was so clean you actually
thought it was ready for a service. I attended midnight mass for the
first midnight mass that you had, and it was breathtaking.
MR. MAHER: Thank you.
I did want to just add too as you said with Nick Casalanguida and
his staff, the working together was just extraordinary.
CHAIRWOMAN HILLER: It was.
MR. MAHER: It was an overall blessing, so --
CHAIRWOMAN HILLER: Absolutely.
MR. MAHER: -- we're very grateful.
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March 12, 2013
CHAIRWOMAN HILLER: And Jamie French, Nick, your staff
really did an outstanding job.
We still have one issue on the sidewalk, okay, and I just want
you to know, it ain't over 'til it's over, so I'm bringing that back. Just so
you know.
And Leo, and you know. Okay, just for the record.
MR. MAHER: We're all on notice. Thank you very much.
CHAIRWOMAN HILLER: Forewarned is forearmed.
Item #4G
PROCLAMATION DESIGNATING MARCH 23, 2013 AS
COLLIER COUNTY YOUTH EMPOWERMENT DAY.
ACCEPTED BY VAUGHN YOUNG, ROSE YOUNG, SHARON
FRANKLIN, RHONDA CUMMINGS AND TRISTA SUE KRAGH
— ADOPTED
MR. OCHS: Item 4-G is a proclamation designating March 23rd,
2013 as Collier County Youth Empowerment Day. To be accepted
Vaughn Young, Rose Young, Sharon Franklin, Rhonda Cummings
and Trista Sue Kragh.
This item is sponsored by Commissioner Coyle. If you'd please
come forward.
(Applause.)
COMMISSIONER HENNING: Move to approve today's
proclamations.
CHAIRWOMAN HILLER: I think Vaughn would like to say a
few words.
MR. YOUNG: Just a few.
CHAIRWOMAN HILLER: Go right ahead.
MR. YOUNG: Good morning. Thank you Commissioner
Coyle, and thank you Commissioner Hiller. Thank you for
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March 12, 2013
everything.
I just want to say a few words about what is the reason why we
felt that March 23rd or any date should be considered Youth
Empowerment Day. And now we're looking to do this year after year.
We think it's important that we're able to build the lives of young
people and help them. Because I realize when I moved here I moved
into paradise and when I become old I want to still be in paradise. I
want to know that there are young people that were prepared to do
what you guys are doing, what other people in the community are
doing to make this a better place. So that's the reason why we're here
and we thank you guys.
CHAIRWOMAN HILLER: And Vaughn, I really want to thank
you for supporting Drug Free Collier and for being at the concert on
Friday night. We were all listening to Casey Weston Friday night in
support of Drug Free Collier, and support our youth in the fight
against drugs. And Vaughn and my son were on the stage as the
backup dancers for Casey as she was singing away. You have never
seen such rhythm in your life. I swear. I mean, it was like amazing.
We were like oh, my God. From both. They could have been the
Blues Brothers, I mean they were that good.
You have a future. But what you're doing really has a future. So
thank you.
MR. YOUNG: Thank you.
(Applause.)
COMMISSIONER HENNING: Move to approve today's
proclamations.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
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March 12, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR MARCH 2013 TO THE CHAPEL GRILL.
ACCEPTED BY STEVE FLEISCHER, OWNER; LORI DEKETT,
GENERAL MANAGER; AND JORGE NOLASCO, CHEF —
PRESENTED
MR. OCHS: Madam Chair, that takes us to Item 5 on your
agenda. 5.A is a presentation of the Collier County Business of the
Month for March, 2013, to the Chapel Grill. To be accepted by Steve
Fleischer, Owner, Lori DeKett, General Manager, and Jorge Nolasco,
Chef.
(Applause.)
MR. FLEISCHER: I'm not so sure it was a good idea to have a
restaurant following 95210.
And I won't take up time of this organization this morning, but
two things that are important to mention. Forget the restaurant for a
second. The building is the second oldest building in the City of
Naples. And it was not -- without the collaboration between the City
of Naples and an entrepreneur, we would not have been able to save
that building, the First Baptist Church in Naples built in 1946.
And if it wasn't for that collaboration, the Chapel Grill wouldn't
exist. So thank you guys for the recognition, and the fun of
government working together and making something happen is nice to
talk about. Thank you.
(Applause.)
Page 26
March 12, 2013
Item #6A
PUBLIC PETITION FROM VAUGHN YOUNG REPRESENTING
THE MOTHER PERRY YOUTH EMPOWERMENT PROJECT,
SEEKING A PARTNERSHIP WITH THE COUNTY FOR THE
SOUTHWEST FLORIDA SPRING YOUTH X-PLOSION - STAFF
TO WORK WITH THE SCHOOL DISTRICT REGARDING
TRANSPORTATION; PROVIDE TRANSPORTATION IF
SCHOOL DISTRICT CANNOT, AND TO NAME THE COUNTY
AS ONE OF THE SPONSORS FOR THE EVENT — APPROVED
MR. OCHS: Madam Chair, that takes us to Item 6 on your
agenda, public petitions. Item 6.A is a public petition request from
Vaughn Young, representing the Mother Perry Youth Empowerment
Project, seeking a partnership with the county for the Southwest
Florida Spring Youth Explosion.
Mr. Young?
MR. YOUNG: Once again, thank you. I'm back. Happy to be in
the building.
CHAIRWOMAN HILLER: Let me just begin this discussion by
saying that what Vaughn would like is assistance with some buses to
transport the kids for the various events that he is promoting so that
they can have exposure and education to opportunities in the
community.
And one of the things that I have suggested, because this is all
about education, is that we ask the School Board and actually speak
directly with Kamela Patton to see if they would be willing to provide
assistance with the busing. They have a full fleet of buses that are
specifically designed to accommodate children. And what Vaughn
needs is two buses for these upcoming events for this season and/or
two of the large buses or four of the smaller buses, you know, the
15-person buses.
Page 27
March 12, 2013
So what I would like to suggest, rather than take Vaughn's time
to present here today, is that we direct staff to communicate directly
with Kamela and see -- Kamela Patton, being the Superintendent of
Schools -- and see if she would be willing to assist in that regard. And
it may not even be something that has to go before the School Board.
Because I know they do this kind of thing quite a bit.
And then if that doesn't work, to come back and we could see
what we could do to assist. But this is something that I would really
like to see the School Board involved with, or the school district
involved with. Because it's really part of the outreach to the
community that is so important.
MR. YOUNG: Yes, it is. We actually -- we were at the
Champions For Education I guess you would call it a conference, and
they -- and what we're doing is trying to do exactly what they asked,
we're trying to facilitate from the community and meet with the
School Board and, you know, we work everything out in the middle.
That's where we're at.
CHAIRWOMAN HILLER: And that is absolutely outstanding.
And Kamela is really into that. She's a big supporter and proponent of
that philosophy. So I think she will be very supportive.
If you need my assistance or Commissioner Coyle, because I
know Commissioner Coyle has been involved in this, if Commissioner
Coyle wants to deal -- you know, assist you in dealing with the School
Board, of course, you know, it's his choice, but I know he's very
supportive as well.
So I would like to make a motion that we direct staff to
communicate with the Superintendent of Schools to seek their -- the
school district's assistance in providing the two buses requested to help
with this student outreach into the community.
MR. OCHS: Madam Chair, if I might?
CHAIRWOMAN HILLER: Yes.
MR. OCHS: My understanding is the event is next Saturday; is
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March 12, 2013
that correct?
MR. YOUNG: Not Saturday. The 23rd. Not this Saturday, the
following Saturday.
MR. OCHS: Okay. Okay.
COMMISSIONER HENNING: That's prior to our next meeting.
So that's --
MR. OCHS: That's what I wanted to make sure, if there's a
contingency --
CHAIRWOMAN HILLER: So if we could establish --
MR. OCHS: -- in case the school district can't help --
CHAIRWOMAN HILLER: Do we have -- would we be able to
provide the buses if the school district can't?
MR. OCHS: Yes, ma'am, I believe we can. I'm looking at Mr.
Williams, our Parks and Recreation Director, and he's been put on
notice that if the school system cannot help --
CHAIRWOMAN HILLER: Then we can provide the assistance.
So let me make that as a second part to my motion and that is if
the school system can't, then we will provide the backup and we will
provide the two buses or alternatively the four smaller buses to
provide the transportation.
But I'd really like to see the school district be a part of this.
Because it ought to be an ongoing relationship for the future. And I
think that's exactly what Vaughn would like also.
And like I said, Leo, if you need our assistance with Kamela,
either myself or Commissioner Coyle or any other member of the
Board that would like to provide support, I think we'd be all there for
you.
MR. OCHS: Yes, ma'am, and I appreciate that. Just again to
clarify, this event will occur before your next meeting.
CHAIRWOMAN HILLER: Right. So if the school district says
no --
MR. OCHS: We're authorized --
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March 12, 2013
CHAIRWOMAN HILLER: -- we're on.
MR. OCHS: -- to go ahead and help.
CHAIRWOMAN HILLER: Yeah.
May I have a second?
COMMISSIONER COYLE: Madam Chair, there really is
another component to that.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER COYLE: Vaughn is interested in getting
Collier County's permission to be named as a sponsor on their fliers
and literature. And I think if we could incorporate that in --
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER COYLE: Is there anything else?
CHAIRWOMAN HILLER: You really want us to be on that?
Wow. I think that's a big compliment. Thank you, we're honored.
MR. YOUNG: The reason for it is because, like I told you
before, anything that we do within the community, whether it's
something that we bring before the Board as a whole or we just bring
it individually, we want you guys to be abreast of--
CHAIRWOMAN HILLER: Wonderful.
MR. YOUNG: -- what we're doing and our efforts in the
community --
CHAIRWOMAN HILLER: Sure.
MR. YOUNG: -- to know that there are people. You deal with
the big things, and if we can deal with the things that you --
CHAIRWOMAN HILLER: Beautiful.
MR. YOUNG: -- don't have to --
CHAIRWOMAN HILLER: It's another public private
partnership that makes sense.
MR. YOUNG: And that's what we --
CHAIRWOMAN HILLER: Beautiful.
MR. YOUNG: -- would love to see.
CHAIRWOMAN HILLER: So I'm going to make that part three
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March 12, 2013
of my motion.
So part one is to direct staff to communicate with the
Superintendent of Schools to have them involved with providing buses
and to assist going forward.
Part two is that in the event the school district is unwilling to
participate, that we will provide busing for this event.
And part three is that we allow Vaughn's organization, which is
the Mother Perry Youth Empowerment Project, to attach Collier
County as a sponsor and supporter of their initiative with respect to
this upcoming event.
May I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries.
MR. YOUNG: Thank you.
MR. OCHS: Thank you, commissioners.
Item #6C
PUBLIC PETITION FROM CHARLES MINARD REQUESTING
CHANGES AT THE STATE AND LOCAL LEVEL IN REGARD
TO EMERGENCY MEDICAL SERVICES - REQUESTING
ACCOUNTABILITY FROM THE COUNTY
MR. OCHS: Item 6.0 is a public petition request from Charles
Minard, requesting changes at the state and local levels in regard to
emergency medical services.
Page 31
March 12, 2013
MR. KLATZKOW: And Commissioners, I'd ask you not
respond or engage in conversations with this petitioner. We're
expecting litigation. This would be the second time he's before you on
the same issue.
CHAIRWOMAN HILLER: Mr. Minard, I just want to make
sure you understand that, you know, our not communicating is not
with any disrespect for your loss or anything like that. It's strictly on
the advice of counsel. So if we don't comment, I don't want you to
feel that we're insensitive to your situation.
MR. MINARD: I understand, I understand.
And again, I'm here just once again asking for accountability. I
don't see where we've really gotten anywhere as far as accountability
goes. I guess I'm, you know, I'm looking for somebody to take
responsibility in the death of my son; namely, two EMTs that weren't
paying attention to their jobs.
I want to reach out to our Commissioners maybe to reach out to
Governor Rick Scott on Statute 768.28 to make some changes in that
statute. One pertaining to the $200,000 cap. I'm looking around at
other states in the United States and I'd have to say Florida is probably
the one with the lowest cap in the state (sic). And I'd have to say my
guess would be because of the amount of lawsuits due to failure to
EMS and some of the things that have been going on.
I look around at a lot of the states in the United States that are
running private companies for EMS. They seem to be running more
efficient. They seem to be saving taxpayers a lot of dollars. And
when I say taxpayers a lot of dollars, I'm talking about an ambulance
and two EMTs showing up at the Publix yesterday to get groceries.
To me that's a little over-the-top to me.
It wasn't a week ago I was at the same Publix at the Vineyards; it
was three EMT's and an ambulance to pick up groceries. To me that
seems like quite a waste right there.
I mean, that parking lot particular, the Vineyards and Pine Ridge,
Page 32
March 12, 2013
is a mess. What are our EMTs going to do when they get in that
parking lot and they can't get out? Because they've got to throw
sirens, they get in trouble, people panic in that parking lot, they're
stuck. And here we are again in the same situation; we're going to
have a bad response time due to this.
It's a constant thing. If somebody was to take a look at the Pine
Ridge Publix over there, it's probably three times a week you can find
an ambulance sitting at the Publix, Pine Ridge.
You know, there's got to be easier ways. There's got to be ways
to save our taxpayer dollars from running EMSs going to the grocery
store. That's not what they're for. They're to save lives, which we
seem to be failing at right now.
Privatizing, you know, like I said, they seem to be running more
efficient, our response times are much better than what we're getting.
Taxpayer dollars. Accountability. The private companies seem to be
giving accountability to the folks that are having this issue. Which
like I said, looking around at the other states, they don't seem to have
these lawsuits as much because the private companies are taking better
care and they're doing better jobs. They're paying more attention to
the people, they're better response times, you know.
So to me I think a private company in Collier County would
benefit Collier County. That's my opinion.
On the statute limit, the 786 for kids, they're saying kids 18 and
older, you know, are considered an adult. Which I do agree with that,
but I think there needs to be some amendments in there, some changes
to that law, you know, such as my son. He lived at home. He lost his
son three years ago, his 29-month old baby. He lost him. He has
nobody to stand for him. He's not married. All he has is me and his
mom, you know. He was a year away from his bachelor's degree. If I
don't stand for him, if his mother don't stand for him, who's going to?
Nobody. Okay? And then his death is in vain. And I'm not going to
let that happen. You know, the law's got to change.
Page 33
March 12, 2013
You know, there can be stipulations in the law maybe, criterias
(sic) that have to be met in this law, you know, such as living at home,
in school, what have you, but, you know, I think these laws need to
change for parents such as myself and my wife and other families
around town that I have spoke with that are in the same situation that
I'm in right now, have lost a loved one, a child, and being told there's
nothing we can do. Nothing, you know.
Collier County -- Leo Ochs can get all the lawyers he wants to
stand behind him. Chief Nolen Sapp at the fire department can get a
pile of lawyers stand behind him. All I do is pick up the phone and I
got doors closing, people running from me. Nobody wants to talk to
me, you know, including Leo Ochs.
And I don't think that's fair. You know, I can't afford -- I can't
have a lawyer stand behind me. You know, come on, this is not right.
Laws need to change for people like me. You know, we should be able
to stand up for our children, you know, no matter the age.
You know, I understand if they're over 18 years of age, married
and have children, okay, then the parents shouldn't really have any
rights. I understand that. But when they're not married, they have no
children, they're in school, they're trying to build their lives -- because
we don't know who my son could have been. You know, in 10 years
he could have been sitting up here with you guys, we don't know that,
you know. He was working for a life in computer networking, he was
supposed to go to work at Home Depot on the 19th, three day -- or
two days before he passed, you know. He was building his future
from losing his son. You know, we lost our future. He lost his future.
Just looking around, like I said, throughout the United States, I'm
-- as you can see with the hand, I'm originally from Nebraska, you
know, so I've been checking there and just a lot of the different states.
And this cap that I speak of, most of the states around the United
States, a good percentage of them run anywhere from 500,000 to
700,000, upwards of a million, some upwards to five million,
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March 12, 2013
depending on the case, you know.
You know, I talk to people and I'm told, you know, we can't help
you, we can't help you, because, you know, like I said, there's -- if I
was to sue this county -- and that's not actually what I'm looking for,
to be honest, is a lawsuit. I think that's probably the only way I'm
going to get my point across. But that's not what I'm actually looking
for. I'm looking for change, I'm looking to save a life. And to date I
don't see that happening. I don't see that happening.
The EMS bill, I don't know where we're at with that, if that ever
got taken care of. I haven't heard nothing from Leo's office to let me
know if that was taken care of or not.
Today I brought some paperwork with me because I am being
told because of HIPAA Patient Privacy Act that I cannot have any
investigation, internal investigation.
Well, I went and set up an estate for my son and I brought with
me today the order appointing a personal representatives (sic) and
estate for my son, so I am now representative for my son. So now I
am asking for the internal investigation, because this is from a judge in
Florida. And I don't know --
CHAIRWOMAN HILLER: Can you go ahead and give that to
the County Attorney?
MR. MINARD: This would be which one of these gentlemen?
CHAIRWOMAN HILLER: Mr. Klatzkow.
MR. MINARD: (Handing.)
So I guess bottom line, I'm just looking for change. I just want
some change in Collier County. And I'd really like to see some
change and accountability. I don't believe there's been any.
I talked to someone at Naples Daily News and said that they
were making some changes. My mind's racing a little bit trying to
think. It was late last night. The County Manager, something about a
change in there. And something about the lights, I guess, a remote or
something when they come to the lights that are going to be --
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March 12, 2013
CHAIRWOMAN HILLER: Yeah, actually that's one of the
things that I'm bringing forward at today's meeting. It will be
upcoming in the agenda.
And we have certain lights that have a white light and certain
lights that have the ability for EMS to engage in a conversion of red to
green ahead of arrival at the intersection.
So the recommendation is to ask staff to expedite the
implementation of that lighting system.
MR. MINARD: Okay.
CHAIRWOMAN HILLER: And that's a matter of public record
and you can read the backup in the agenda, which is on-line.
MR. MINARD: Okay. I definitely will.
Okay, and I -- like I say, I guess that's at this time all I have right
now. I'm hoping somebody will reach out and give us some kind of
accountability. And it's -- you know, my wife and I, it's -- what, it's
been over two months now, you know. We really haven't had time to
mourn our son because from the minute we had to turn the machines
off, this is what we've been doing, you know. And we haven't had --
today is what, the 12th, I believe? His birthday is in three days. He
would have been 26 years old in three days.
It was a great loss. You guys, none of you know him, and I wish
you could have. And had you, he was a brilliant mind. I called him
the modern day Albert Einstein.
After dying, I found booklets and stuff, journals that my son had
made for years and years. And most people would look at him and go
wow, he's crazy. That's what a lot of people said about Einstein too.
You know, the kid had a brilliant mind.
Like I said again, I want accountability for my son's life. As I
said in the last thing, it's time.
CHAIRWOMAN HILLER: Thank you.
MR. MINARD: Thank you.
MR. OCHS: Madam Chair, you have a 10:00 a.m. --
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March 12, 2013
CHAIRWOMAN HILLER: Yes, we do.
MR. OCHS: -- time certain.
CHAIRWOMAN HILLER: With the auditor.
MR. OCHS: Would you like to take that?
CHAIRWOMAN HILLER: Yes.
Item #13A
PRESENTATION OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2012 AND TO FILE THE RELATED STATE OF
FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL
REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES
- DIRECT THE COUNTY MANAGER TO WORK WITH THE
CLERK'S FINANCE DEPARTMENT TO WORK ON SCOPE FOR
AN RFP REGARDING THE RECOMMENDATIONS GIVEN BY
ERNST & YOUNG FOR THE GRANTS PROGRAM; MOTION TO
ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT AND FILE THE STATE OF FLORIDA ANNUAL
LOCAL GOVERNMENT FINANCIAL REPORT WITH THE
DEPARTMENT OF FINANCIAL SERVICES — APPROVED
MR. OCHS: That is Item 13.A. It's a presentation of the
Comprehensive Annual Financial Report for the fiscal year ended
September 30, 2012, and authorization to file the related State of
Florida Annual Local Government Financial Report with the
Department of Financial Services.
Ms. Kinzel, your Director of Finance with the Clerk of Circuit
Court, will begin the presentation.
CHAIRWOMAN HILLER: Mrs. Kinzel, before you begin, I just
want to make sure that if anyone in the public would like to view this
document, that they have the ability to do so. And if you can direct the
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March 12, 2013
public where they can view it, I believe it's on your website on-line
and can also be physically viewed -- is it at every one of the public
libraries, including your office?
MS. KINZEL: It is not yet. Following this meeting it will be on
collierclerk.com in its entirety and we also will make them available at
the libraries.
CHAIRWOMAN HILLER: Thank you very much.
MS. KINZEL: Good morning, Commissioners. We're here today
to present, as the County Manager indicated, the Comprehensive
Annual Financial Report, commonly referred to as the CAFR. This
report is a summary of the financial activity of Collier County for
fiscal year 2012.
I want to take a moment, because this report wouldn't be possible
without the dedication and hard work of a few people, not only in our
office but in several county departments and the other constitutional
offices.
So I'd like to recognize a few, starting with Derek Johnnsen and
Kelly Jones. They lead the team that actually prepares the document,
which we think is an advertisement for our beautiful beaches this year.
And they lead a few accountants that we have here. Stand up.
They don't get recognition, they usually are in their cubicles working
away at numbers, so I made them come forward today, because they
do a lot of hard work all year long.
CHAIRWOMAN HILLER: Maybe your two directors could
stand as well.
MS. KINZEL: Stand up.
CHAIRWOMAN HILLER: And let's give them all a round of
applause.
(Applause.)
CHAIRWOMAN HILLER: It's a hopelessly tireless job with
very little gratitude, appreciation, et cetera. Having been a part of the
process many, many times, I'm very empathetic.
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March 12, 2013
MS. KINZEL: And they're very dedicated employees, and they
work year round.
Also, we would like to thank the other constitutional offices: The
Sheriff, the Tax Collector, Property Appraiser and the Supervisor of
Elections and the Clerk of Courts whose accountant is here, who also
did not stand. But Raymond, stand up. He does all of the financial
reporting for the Clerk's Office.
CHAIRWOMAN HILLER: Raymond, you deserve applause
too. We can't leave you out.
(Applause.)
MS. KINZEL: All of the constitutional officer financial reports
are also included in your CAFR, so anyone interested in those can find
them there.
And last but not least, we would also like to thank the County
Manager and all of the county staff for their assistance, particularly
the Office of Management and Budget, and I see Sherry, Therese, they
work with us very closely to coordinate all the efforts from the county
staff responses to make sure that this stays on track and keeps moving
forward. So we really appreciate the cooperation. It is truly an effort,
not only with utilities, administration, growth management; every area
of Collier County government has to cooperate and provide us the
financial information that is included in the CAFR.
So we work with staff all year long. This is the end result. I
think it's good news, and we wanted to bring it forward today.
We'd also like to thank Ernst and Young, our external auditors,
and particularly the team that they've brought on-site. We've been
very fortunate to have a very experienced staff return. That makes our
job a lot easier when we don't have to train new auditors to our
systems and accountability. And they've been very pleasant to work
with as far as an audit team can be pleasant to work with.
CHAIRWOMAN HILLER: Come on, Crystal, audits are always
pleasant.
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March 12, 2013
MS. KINZEL: Audits are always pleasant, right. Really, I've
never had a problem with audits, but most people complain about
them. I don't understand.
CHAIRWOMAN HILLER: We're talking about the auditors.
MS. KINZEL: Right.
But after the meeting today, as you asked at the beginning, the
CAFR will be available on the Clerk's website, if you go to
collierclerk.com and click on the Clerk to the Board line and Finance,
you will see the -- all of the CAFRS for many years are out on our
website and they're available to the public.
And with that, I would like to present -- we have again with us
Mr. John DeSanto, who is the Executive Director and the managing
partner on the Collier audit from E&Y and he's going to go over the
audit report for you and some of the highlights.
But thank you again, Commissioners. We had a very successful
year.
MR. DeSANTO: Thank you, Madam Chair and members of the
Board. Again, for the record, my name is John DeSanto. I am an
Executive Director with Ernst and Young, your external audit firm,
and I was the partner in charge of your audit.
I do appreciate the opportunity to come before you today to
present the 2012 audit results.
First a quick overview of the audit. We did issue unqualified or
clean audit opinions on the financial statements of the county, as well
as each constitution officer. In our Report on Compliance with Laws
and Regulations, Contracts and Grant Agreements pursuant to
government auditing standards, we disclosed no material weakness or
significant deficiencies in internal controls over financial reporting,
and no material instances of noncompliance or other matters.
In our management letter on internal control, we did have one
comment in both the current and prior year and it related to immaterial
instances of grant compliance. They were primarily related to
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March 12, 2013
sign-offs and approvals of time sheets in various departments as well
as in sub-recipients agreements, not necessarily having all of the
correct information or all of the required information that should be
included in those comments.
Also the management letter does include some required
disclosures that are required by the State of Florida Auditor General.
As far as the overview of the audit results, as far as the auditors'
responsibilities under generally accepted auditing standards, those
responsibilities are to provide reasonable assurance that the financial
statements are free of a material misstatement.
With respect to our responsibilities regarding internal controls
over financial reporting, our responsibility is to obtain an
understanding to allow us to plan and perform the audit, not to issue a
separate opinion on that internal control system and structure.
And as I mentioned previously, we did issue unqualified or clean
opinions on both the county audit and each constitutional officer.
With respect to the accounting policies used by management in
preparing the CAFR and the financial statements, those are disclosed
in footnote one to your financial statements.
With respect to fraud and illegal acts, we did not identify any
matters that would be material to the county's financial statements.
With respect to audit differences or audit adjustments, we did
identify three audit differences that were recorded in your financial
statements. The first one relates to depreciation expense for a project.
I think it was the 800 megahertz project. That was placed in service in
the prior year, but it was not capitalized in the books and records and
not started to be depreciated until the current year. And that amounted
to about $1.8 million.
We also noted a depreciation expense calculation error of about
600,000, and we also identified the potential of about $11 million in
FEMA funds that may be required to be returned to the agency.
We did have one unrecorded audit difference that is not reflected
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March 12, 2013
in your CAFR. This relates to the prior year effect of depreciation for
the first entry that was recorded, management record, the full 1.8
million in the current year. 1 .3 million of that related to the prior year.
So this is the effect of that 1 .3 million that should have been recorded
in the prior year.
We have also included an exhibit that actually lists out in detail
those adjustments.
As I mentioned previously with respect to material weaknesses
and internal controls, we did not identify any. We had no
disagreements with management, no serious difficulties in performing
our audit. We do continue to receive excellent cooperation in
performing our audit from not only county management, clerks
finance management but also each constitutional officer. There are no
consultations that management had with other accountants that we are
aware of.
And with respect to independence, Ernst and Young is
independent of the county.
This next slide is a similar slide that I've provided in previous
years, and it's just really a snapshot comparing our audit results to
previous years. And it starts with 2010 audit to the left all the way to
2012 audit to the right.
I think the one word that I would use would be progress. I think
the county is making progress, especially in the area of single audit
findings.
While we continue to audit a significant number of programs, the
types of audit opinions that we use are improving. They're not as
severe as they've been in the past. And also with respect to the
internal controls over compliance, we know that the severity of those
findings have been -- have become less in the current year that we
audited, the fiscal '12 year.
And as far as management letter comments go, they continue to
be right around one or two comments and they generally seem to be in
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March 12, 2013
the area of instances of grant compliance that are not material enough
to include in our grant compliance reports, which government auditing
standards requires us to disclose in the management letter.
CHAIRWOMAN HILLER: May I interrupt just -- you know,
materiality is something that has very different meanings to different
people.
MR. DeSANTO: Correct.
CHAIRWOMAN HILLER: Could you define materiality for
purposes of this discussion so people understand that you have a very
high threshold for what is deemed material?
MR. DeSANTO: Yeah, materiality at the financial statement
level is essentially the amount by the financial statements could be
misstated and not affect either a decision to be made by someone
who's going to use the financial statements or affect somebody's
interpretation of the audit results.
And again, as you mentioned, Commissioner, that level is pretty
high. It's in the -- it's between one and $2 million. Thank you.
The next couple of slides are just high-level, three-year
comparisons. One measure I know that the community typically looks
at, the strength -- the financial stability and strength of a particular
government is the amount by which their general fund fund balance
covers their annual expenditures.
And as you see, the county has been pretty much in the mid 20 --
mid to high 20 range, which is above the norm. Average and good
financial stability would be in the 15 percent range. So as you see,
Collier County has been significantly above that for the past three
years.
And we did show at the bottom how that compares to a couple of
other counties. These counties were chosen mainly because they're
the only other counties in Collier County's geographic area, that being
the west coast of Florida, who's completed their 2012 CAFRs this
early. And as you see, that's how Collier County compares to those
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March 12, 2013
two other counties.
And the last slide here is a three-year comparison of primarily
outstanding debt and debt per capita. And you do see that the debt per
capita is decreasing steadily year over year. During the 2012 year the
county did refund certain debt to take advantage of lower interest rates
and lower the interest payments on those debts in the future. And
similarly you do see the comparisons of Collier's debt per capita to
those two other counties that we compared the general fund
information.
And as I mentioned, this attachment A, it's probably very hard to
read on the screen, but this is the actual audit adjustments that I had
previously gone over.
And with that, I would just like to conclude my high-level
summary of the audit results and ask if you have any questions related
to the audit or the audit results.
CHAIRWOMAN HILLER: Commissioners?
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, this is really good news. I'm
glad to hear for the last three years that we just continue to improve, to
improve, to improve. Especially because we're just now climbing out
of that recession. We were still in it and still we were improving. And
so I give you high marks and I give us high marks. Thank you.
MR. DeSANTO: Yeah, I think so.
And something just for your information: As you've known, the
findings that we've had in the past primarily are in the grant
compliance audit procedures that we have to do. And as those results
get better and better, there'll be less and less programs that will be
required to be audited. And that of course to you all means less cost
in the audit to you as well. So there is a financial implication, if you
will, of these findings.
CHAIRWOMAN HILLER: Any other comments by the Board?
(No response.)
Page 44
March 12, 2013
CHAIRWOMAN HILLER: I'd like to make a comment.
First of all, I'd really like to thank you for conducting a very
professional and thorough audit.
I would like to address what you have defined as the progress
that we've experienced over these last two years. You're absolutely
right, the severity of the problems is diminishing. I think that is in
large part due to two things: We now have a Clerk who is actually
engaging in internal auditing and testing the internal control systems
to ensure that the controls are working. And in part to staff which has
changed in the course of these last two years. We have new
leadership in just about every division.
So the time frame you're looking at, 2010 to 2012, is actually
when I was elected. And I have seen a material change both in
performance and attitude of staff over that period of time. Radically
different from the day that I started and what you're using as your
benchmark date.
But to that end I do want to address the grant program, and that is
an area that we really do need to make significant improvements on.
And it is something I have spoken to Mr. Ochs about.
And one thing that I wanted to address, and I of course need to
make sure that this doesn't -- that this wouldn't impair your
independence, and maybe this is something that we need to put out to
bid, but there are programs out there that the big four have developed
with respect to federal and state grant administration. And I think it
really would be beneficial, because I know that the -- that Mr. Ochs
and the Board are ambitious to see that area be a non-issue, that it
work effectively and efficiently for the benefit of the county as well as
other nonprofits that we partner with.
And I don't know if your recommendation would be for us to
maybe consider putting this out to bid, because this is something I was
actually thinking of bringing forward in an executive summary, or if
this is something that we would wrap into your engagement letter as
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March 12, 2013
one of the things that we would want you to do for us for next year,
and that is develop the system so that the problems are eliminated.
And for us to try to reinvent the wheel when you as professionals
have already developed it makes no sense. And it would be -- I think
it would result in significant cost savings and significantly more
revenues coming into the county if we did that.
MR. DeSANTO: Yeah, I agree with those comments. I think in
the long run you're correct, it would end up saving the county money,
money across all fronts, as well as perhaps the ability to even receive
more grant funding.
CHAIRWOMAN HILLER: Exactly.
MR. DeSANTO: What you're describing, there are limitations to
what Ernst and Young, since we're your external auditors, can do.
CHAIRWOMAN HILLER: Exactly.
MR. DeSANTO: We pretty much can say here's what best
practice and what standards are, here's what your practice is and then
here's what you need to do to get there.
But we would have to stop there. We cannot deal with any part
of the implementation of that, where another firm would be able to
also help with the implementation side.
CHAIRWOMAN HILLER: So would you recommend as
direction that maybe we incorporate what you're describing as you can
do as part of next year's engagement and secondarily put out a request
for the other firms, be it Deloit or, you know --
MR. DeSANTO: Sure.
CHAIRWOMAN HILLER: -- any other firm that has --
MR. DeSANTO: To help with the implementation side --
CHAIRWOMAN HILLER: To help with the implementation.
MR. DeSANTO: -- of it. Yeah, I'd have to stop --
CHAIRWOMAN HILLER: Right, and I understand that, and
that's why I bring up the conflict issue.
I really think it could help tremendously. I know there are several
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March 12, 2013
firms. I've looked at some of the --
MR. DeSANTO: Yes, ma'am.
CHAIRWOMAN HILLER: -- implementation.
County Manager, your thoughts on that? We've talked about it
and --
MR. OCHS: Yeah, we have talked about it generally. I'd like to
spend some time with both the finance department for the Clerk and
the external auditor to try to develop a little bit of a scope --
CHAIRWOMAN HILLER: I think that would be great.
MR. OCHS: -- to bring that back and see if that --
CHAIRWOMAN HILLER: I think that's --
MR. OCHS: -- is something that the Board's interested in.
CHAIRWOMAN HILLER: I think that's exactly what you
should do, I mean, obviously. And the scope has to be, you know,
within the limits of the conflicts issue.
And then what I would like to do is secondarily bring back an
executive summary that proposes that we put out an RFP to the other
firms to help with the implementation of whatever you all agree as the
scope on this issue.
MR. OCHS: I'd be happy to do that, Commissioner.
CHAIRWOMAN HILLER: That's great. I think it's going to
really move their grants division in the right direction. Thank you.
MR. DeSANTO: Agree.
Thank you.
Any other questions?
COMMISSIONER FIALA: Yes, just --
MR. DeSANTO: Yes, Commissioner.
COMMISSIONER FIALA: -- one more.
I might have misunderstood this. But this is for the entire year of
2010, the entire year of 2011 and the entire year of 2012, right?
MR. DeSANTO: The financial report or the comprehensive
annual financial report you have in front of you is only for 2012. The
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March 12, 2013
summary I went over I just --
COMMISSIONER FIALA: The summary.
MR. DeSANTO: -- wanted to compare that to the prior two
audits just to give you some frame of reference or some context so you
can actually see that there's been --
COMMISSIONER FIALA: So you can see we already started
improving from 2012 on -- I mean 2010 --
MR. DeSANTO: 2010 on.
COMMISSIONER FIALA: -- on.
MR. DeSANTO: Yes, ma'am.
COMMISSIONER FIALA: I just wanted to go on record as
pointing it out. You know, I hope our people realize we're working
hard for them and we're trying to do everything we can to make it a
better world and yet not rob them of anything that is important to our
community. So this is a wonderful thing.
And you know what, you were so nice when you came into my
office too. That was very nice. Took the time to answer all my
questions. I appreciate that. Thank you.
MR. DeSANTO: Thank you, ma'am, it was my pleasure.
CHAIRWOMAN HILLER: I'd like to add one comment. And
this is not necessarily with respect to your performance but rather
what you're reporting.
From 2010 to the present we have seen a steady decline in
expenditures, which is exactly --
MR. DeSANTO: Correct.
CHAIRWOMAN HILLER: -- what the objective of this Board
is, so -- and by a lot.
MR. DeSANTO: Yes, ma'am.
CHAIRWOMAN HILLER: By millions. And we have steadily
been reducing our debt and restructuring our debt. In fact, one of the
other agenda items we have today is on that point --
MR. DeSANTO: Correct.
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March 12, 2013
CHAIRWOMAN HILLER: -- where we're reducing our debt
service and taking advantage of the lower interest rates, and as a
consequence, the other steady decline over this last two-year period is
the reduction in outstanding debt per capita, which is very significant.
And the community needs to know that the Board has heard and
has taken the direction that the community has always wanted with
that regard.
MR. DeSANTO: Yes, ma'am. And I think the results spell that
out and support that.
CHAIRWOMAN HILLER: Very positive.
MR. DeSANTO: Yes.
CHAIRWOMAN HILLER: Thank you.
MR. DeSANTO: All right, thank you. Appreciate your time this
morning.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we accept the CAFR --
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: -- Comprehensive --
CHAIRWOMAN HILLER: May I have the second?
COMMISSIONER HENNING: -- Annual Financial Report and
file the report with the State of Florida Annual Local Government
Financial reporting, Department of Finance and Service (sic).
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Thank you very much. And we have
a motion and a second.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
Page 49
March 12, 2013
CHAIRWOMAN HILLER: Motion carries unanimously. And
we've by agreement given the County Manager direction to move
forward to work with the amendment of the scope of services to be
provided by Ernst and Young, and I'll bring forward an executive
summary when they pull that all together for an RFP on assistance
with the grant program.
MR. OCHS: Thank you, Commissioners.
Madam Chair --
CHAIRWOMAN HILLER: Can we take a break for our court
reporter at 10:30, or would you like to --
MR. OCHS: Are there any public comments?
MR. KLATZKOW: No, sir.
CHAIRWOMAN HILLER: I was going to ask the same
question. Thank you for reading my mind.
MR. KLATZKOW: None registered.
MR. OCHS: Can we just move officially to public comments so
we can get that passed?
CHAIRWOMAN HILLER: Go ahead.
MR. MILLER: Yes, Madam Chair, we have no one registered
for public comments today.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Thank you. Ma'am, I think a break would be in
order for the court reporter.
CHAIRWOMAN HILLER: We'll be back at 10:40.
(Recess.)
CHAIRWOMAN HILLER: Commissioner Coyle, behave.
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you.
Item #10A
RESOLUTION 2013-66: APPOINTING DEBBIE RODDY
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March 12, 2013
REPRESENTING THE CITY OF MARCO ISLAND FOR A TERM
EXPIRING MAY 22, 2016 TO THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE — ADOPTED
MR. OCHS: We are moving to Item 10, Board of County
Commissioners, on your agenda this morning. 10.A is appointment of
a member to the Collier County Coastal Advisory Committee.
CHAIRWOMAN HILLER: The applicant who is being
recommended is Debby Roddy. Do I have a motion to approve?
COMMISSIONER FIALA: Motion to approve --
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Debby Roddy. The City of Marco
Island recommended her.
COMMISSIONER HENNING: I have a question.
CHAIRWOMAN HILLER: Yes, Commissioner Henning.
COMMISSIONER HENNING: Can we waive our requirements
that this person have familiarity with inlet dynamics, coastal
processes, coastal management programs? I mean, it's kind of like a
policy job.
MR. KLATZKOW: If you give me two minutes, I'll pull up the
ordinance.
COMMISSIONER HENNING: It's actually in back of the
agenda.
COMMISSIONER FIALA: But aren't the cities allowed to
recommend whomever they please?
COMMISSIONER HENNING: Well, not -- yeah, they can
recommend whoever they please, however, we still have a
requirement for all the CAC members. And since this become (sic) so
much of a political board, I'm just wondering if we could waive that.
COMMISSIONER COYLE: Well, that's not really what the
requirements specify. It says it would be based upon the applicant's
familiarity with coastal processes, inlet dynamics, coastal management
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March 12, 2013
programs or demonstrated interest in such programs. So if you have a
demonstrated interest in such programs, you've met the requirements.
COMMISSIONER HENNING: Well, you have to keep on
reading it on, Commissioner Coyle.
COMMISSIONER COYLE: Well, I can read the whole thing, if
you'd like. Relevant education and experience. What's relevant?
Leadership involvement in community affairs. Maybe they're a
member of a homeowner association.
And willingness to attend meetings and to undertake and
complete assignments. There is a lot of flexibility about meeting that
requirement.
MR. KLATZKOW: Commissioners, I'll agree with
Commissioner Coyle that there's a tremendous amount of flexibility
here. It's up to you how much expertise you want on the Board.
COMMISSIONER HENNING: Okay. You've answered my
question.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously,
Commissioner Nance being absent.
Item #10B
RESOLUTION 2013-67: APPOINTING LILLIAN CUEVAS
REPRESENTING DISTRICT #5 FOR A TERM EXPIRING
DECEMBER 31, 2016 TO THE LIBRARY ADVISORY BOARD —
ADOPTED
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March 12, 2013
MR. OCHS: 10.B is appointment of a member to the Library
Advisory Board.
CHAIRWOMAN HILLER: The individual recommending is
Lillian Cuevas. Do I have a motion for approval?
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: Do I have a second? I'll second it.
There being no discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously,
Commissioner Nance being absent.
The next item?
Item #10C
RESOLUTION 2013-68: RE-APPOINTING LIONEL L'
ESPERANCE AND APPOINTING JAMES A. BLAKE TO THE
COLLIER COUNTY CODE ENFORCEMENT BOARD —
ADOPTED
MR. OCHS: Appointment of members to the Collier County
Code Enforcement Board.
COMMISSIONER FIALA: I recommend --
CHAIRWOMAN HILLER: The two --
COMMISSIONER FIALA: Oh, I'm so sorry.
CHAIRWOMAN HILLER: That's okay. The two
recommendations are Lionel L'Esperance as a reappointment and
James Blake.
COMMISSIONER HENNING: I'll make a motion to approve.
CHAIRWOMAN HILLER: Do I have a second?
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March 12, 2013
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Motion carries unanimously -- oops,
sorry.
All in favor? I presumed, forgive me. All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Forgive me, I just -- I jump ahead of myself there.
Item #10D
RESOLUTION 2013-69: REAPPOINTING W. JAMES KLUG, III
AND KAYDEE TUFF TO THE GOLDEN GATE COMMUNITY
CENTER ADVISORY COMMITTEE — ADOPTED
MR. OCHS: 10.D is reappointment of members to the Golden
Gate Community Center Advisory Committee.
CHAIRWOMAN HILLER: The recommendations are James
Klug as a reappointment and Kaydee Tuff as a reappointment.
COMMISSIONER HENNING: Madam Chair, I'll make those --
a motion to reappointment Jim Klug and Kaydee Tuff.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: We have a motion and a second.
Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
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March 12, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10E
STAFF TO RESEARCH THE HISTORY AND TRENDS OF
IMPACT FEES AND BUSINESS DEVELOPMENT FEES IN
FLORIDA COUNTIES AND OTHER STATES IN ADVANCE OF
AN ANTICIPATED DISCUSSION BY THE BOARD OF COUNTY
COMMISSIONERS REGARDING THE COLLIER COUNTY
IMPACT FEE STRUCTURE - DISCUSSED AND TO BE
BROUGHT BACK AFTER THE LEGISLATIVE SESSION HAS
CONCLUDED IN MAY — APPROVED
MR. OCHS: 10.E is a recommendation that staff be directed to
research the history and trends of impact fee and business
development fees in Florida counties and other states in advance of an
anticipated discussion by the Board of County Commissioners
regarding Collier County -- excuse me, regarding the Collier County
impact fee structure. This item is placed on the agenda by
Commissioner Nance.
COMMISSIONER NANCE: Yes, sir. I put this item on the
agenda in anticipation that we are going to begin a public and business
and Board discussion of the impact fee structure in Collier County.
I think it's pretty widely understood and known that it's very
likely that Lee County is going to take some sort of action on their
impact fee structure today.
And in summary, most of the counties in our region and counties
of similar sizes in the State of Florida are acting on their impact fees in
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March 12, 2013
various ways to adjust them, make them attractive for business and so
on and so forth.
So in order to have everyone be informed about the history in
Collier County and to evaluate what others have done in response to
this question, I'm just making a recommendation that we direct staff to
take a look into all information, including current status and history of
where we've been, to include but not be limited to the use of impact
fees in the economic -- as part of the economic incentive plan for
business development.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I'm not going to make many
comments today, because as long as you want to bring it back
anyway, there's no use rehashing it once and then again. And you say
that you want to have an impact fee workshop the first Tuesday of
April, so that's fine, I'll just make my comments then.
But I just wanted to say that although I'm going to be remaining
silent from here on in about this subject, I will come back with my
comments in April.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Commissioner --
COMMISSIONER FIALA: I'm sorry, let me just say, I don't
really care what any other county does, because we're a different
county here. I don't care what anybody else does, I care what we do.
Thank you.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I remember Commissioner
Nance, one of his campaign commitments is to take a look at impact
fees in its totality and look at all aspects of it and see what we can do
about it and see what the costs are, and make it be fully aware to the
public if there is any adjustments that they realize what the cost would
be. And it could be a positive cost on it, we don't know. So I see this
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March 12, 2013
as just one step of a wide community discussion on it. I support it.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance, you had another comment?
COMMISSIONER NANCE: Yes, ma'am. You know, I put a
recommended date for a workshop in there. And I know there are
other related agenda items that have discussed impact fee related
workshops, so I believe that we should allow the County Manager to
take a look at all the various related requests.
But I did discuss with Mr. Ochs, and I will mention it to the
Board today, that I do believe we should plan as soon as practicable a
public workshop in a larger venue than this room, such as the North
Collier Regional Park or some other place where we have adequate
space and infrastructure to do so, to begin to collect public comment
on impact fees. And there is a lot of public comment that I think is
going to be warranted. And I think the public is going to want to
engage this issue.
So I believe in order to move forward in a judicious manner that
we should go ahead and try to schedule something so that we can get
it on everybody's calendar and just let it be known where the public
can come and we can have a generalized discussion on, you know,
what they've seen, what their perspective is from their businesses or
point of view and so on and so forth.
So, you know, I would hope that we could move forward with
some sort of scheduling in the not too distant future.
MR. OCHS: Commissioner -- I'm sorry.
CHAIRWOMAN HILLER: May I make a comment?
MR. OCHS: Please.
CHAIRWOMAN HILLER: Thank you for your comments,
Commissioner Nance.
And yes, it is important that we address this. But there is a
timing issue. When I brought forward a recommendation that staff
research, you know, the various issues that we're concerned about as it
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relates to a future economic incentive program, one of the things I did
include was impact fees. So you and I are on the same page with
respect to pulling that information together.
The timing, though, is important, as you point out, but from a
different perspective and that is what's going on up in Tallahassee. It's
highly possible, I wouldn't say probable -- but there are three levels,
there's remote, possible and probable, so we'll maybe drop it in the
possible category -- that the legislature will take action with respect to
impact fees in some manner.
And as such, for us to ask staff to do anything before we know
how the legislature decides the future of impact fees could potentially
be a waste of time. If the legislature decides to do nothing and impact
fees remain as-is, the law remains unchanged, then I think we should
absolutely incorporate your recommendation to the -- or your request
for information to the other requests that I've made for impact fee
related information and bring all of that forward at the same time and
address it as part of the whole economic development template. But
to take -- to request staff do any research ahead of where we know the
legislature is going to go could potentially result in a waste of staff
efforts.
So I would like to make a motion that we accept your direction to
staff, but only after the legislative session for this season is over and
only to the extent that impact fee policy has not changed so that this
isn't a waste of time.
COMMISSIONER COYLE: I'll second that motion.
CHAIRWOMAN HILLER: Thank you.
Any discussion on the motion?
(No response.)
CHAIRWOMAN HILLER: Commissioner Nance, are you okay
with that? That's basically saying yes.
COMMISSIONER NANCE: Well, yeah, I understand what
you're doing. But you're basing that on the idea that you know
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March 12, 2013
Tallahassee is going to do things, when --
CHAIRWOMAN HILLER: No, no.
COMMISSIONER NANCE: -- Tallahassee's been working on
some things for decades that they haven't accomplished.
You know, I don't think it would be a waste of time to collect
information, because I think we're going to need the information
anyway to take a look at a larger evaluation of our capital revenue
stream as a whole.
But, I mean, if you want to put it off, that's fine. I don't want to
be on the end of a long limb here when every other county in the state
has taken action and moving ahead and we're sitting waiting for
Tallahassee. I'm a little reluctant to --
CHAIRWOMAN HILLER: Well, we're only talking a very short
period of time. And we're not going to make a decision about impact
fees in these -- during the -- when does the session end? What's the
exact date?
MR. OCHS: It ends the first week in May. I believe it's May 5th.
CHAIRWOMAN HILLER: Okay. So we're basically -- we're --
let's --
COMMISSIONER COYLE: Forty-five days.
CHAIRWOMAN HILLER: Right, exactly. Commissioner Coyle
has properly pointed out, you know, we're looking at about 45 days.
In 45 days we're not going to change impact fee policy because, you
know, we still would have to have workshops and so on and so forth.
So to wait 45 days to begin the compilation of this information I don't
think is going to hurt the economic future of the county.
And just so that everybody knows, the county is doing really
well. Our -- the permits that are being pulled are rising. Our
employment number -- unemployment numbers are dropping. In fact,
we -- as I understand, we are over this last period of this economic
recession over the last two years have experienced -- and I can get you
the exact numbers, but I believe over this last year more specifically
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March 12, 2013
we have experienced the single largest job growth of any county in the
state. And I think we're like 16th in the nation. So, you know, we're
doing really well.
And of course anything we can do to help us do better, I mean,
our goal is not to do good but it's to do great. So yes, Commissioner
Nance is absolutely right, it is something to explore. But we don't
want to waste time or staffs time.
So 45 days is really all we're looking at, and then, you know,
we'll know exactly where we are in impact fees and then go for it.
And everything you want should come forward. Including an analysis
of how impact fees have been allocated for the different, you know,
initiatives, like parks and, you know, transportation and --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- emergency services.
And when we have that workshop we actually can more narrowly
define what information we want. But we'll do that once the
legislative session is over.
And I think it's a great suggestion, Commissioner Nance. I think
you're spot on. Just a matter of timing in the interest of efficiency.
Would that be acceptable to you?
COMMISSIONER NANCE: That's fine.
CHAIRWOMAN HILLER: Are you sure?
COMMISSIONER NANCE: Sure.
CHAIRWOMAN HILLER: Okay. I want you to be happy.
COMMISSIONER NANCE: No, I'm happy.
CHAIRWOMAN HILLER: As long as you're happy. Are we
happy?
Oh, Commissioner Fiala wants to contribute to the happiness.
COMMISSIONER FIALA: Let's see, how do I contribute to
happiness? Smiling.
COMMISSIONER COYLE: Stop coughing.
CHAIRWOMAN HILLER: Say nothing. No, I'm just kidding.
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March 12, 2013
COMMISSIONER FIALA: While you're starting to put these
figures together, I've got seven major communities that are rapidly
building right now. None of our things have stopped them at all. But
they've all being paying their impact fees without, by the way, a
concern. And that's a wonderful thing. I'm real happy about that. But
I know if I were building one of those major facilities or in the middle
of building one of them and all of a sudden somebody said we're going
to stop the impact fees for two years, I want my money back. And I
think we have to take this into consideration.
Not only that, but if there is some type of a moratorium, does that
mean that all of these people who have paid in also get their money
back until the moratorium is finished?
So, you know, maybe when you come to this workshop the
beginning of April, Leo, you could come up with some of those
figures.
Meanwhile, you could talk with some of these builders, because
I've been working closely with all of them and they don't have a
problem. So if somebody does, you might -- you know, you might
have Jamie or Nick talking with them as they go. So far they're just
excited about getting built and moving forward. And they're nice
communities.
CHAIRWOMAN HILLER: And I'm just going to quickly add to
that. I think Commissioner Fiala's idea of having staff take the pulse
of developers as they're submitting permits is a good idea, because
that will give us feedback essentially from those individuals who are
paying these fees.
I spoke to Ross McIntosh, who's a commercial broker, this
weekend at the Zoobilia, and it was actually very interesting, because
I asked him, you know, what his position on impact fees were and
whether they ought to be waived and he said no, there's no need to
waive them. Which I was really surprised to hear from a commercial
broker.
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March 12, 2013
I personally have in the past recommended to this Board that we
waive impact fees. And I actually proposed that last year when we
were not in as good a position, and the Board opposed my
recommendation to waive impact fees across the board, except for
emergency services, to assist with, you know, stimulating the local
economy.
But -- so it is -- it's definitely an item for discussion.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: And we can evaluate it in its proper
time.
So we have a motion and a second. There being no further
discussion and no public speakers, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER FIALA: If you'll wait one minute.
CHAIRWOMAN HILLER: Right, we have a time certain like
right now.
Item #11B
RESOLUTION 2013-70: THE ISSUANCE OF BONDS IN AN
AMOUNT NOT TO EXCEED $78,000,000 IN ORDER TO
REFUND ALL REMAINING OUTSTANDING COLLIER
COUNTY, FLORIDA CAPITAL IMPROVEMENT AND
REFUNDING REVENUE BONDS, SERIES 2003 AND SERIES
2005- ADOPTED
MR. OCHS: Commissioners, that takes us to your 11 :00 a.m.
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March 12, 2013
time certain hearing this morning. It is Item 11 .B on your agenda. It's
a recommendation to adopt a Bond Resolution authorizing the
issuance of bonds in an amount not to exceed $78 million in order to
refund all remaining outstanding Collier County Florida Capital
Improvement and Refunding Revenue Bonds, Series 2003 and 2005.
Mr. Isackson will present.
CHAIRWOMAN HILLER: County attorney, do we need
anything on the record?
MR. KLATZKOW: I don't believe so.
COMMISSIONER COYLE: We need on the record how much
you're saving as a result of this.
CHAIRWOMAN HILLER: Yeah. That is --
MR. ISACKSON: Commissioners, Mark Isackson within the
County Manager's Office.
There are two savings opportunities here. Number one, the cost
of the portfolio in an interest size is going to drop by approximately
$4.1 million. We will be returning the bulk if not all of$10.4 million
back to the enterprise funds which we borrowed in order to establish a
debt service reserve fund because of the collapse of the bond
insurance market. All that money will be returned back within a
four-year period as a result of not only this refunding but the four
previous refundings that we did since 2010.
CHAIRWOMAN HILLER: Can I ask if you would please
prepare a summary for us that shows us the refundings that have taken
place over 2011 and 2012 and what the savings are? Because I think
the Commission would like to take that back to the public and show
how your division has done such an exceptional job in restructuring
our debt to reduce our debt service and our overall obligation.
MR. ISACKSON: I'd be happy to do that, ma'am.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER COYLE: And that should be from 2010, by
the way --
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March 12, 2013
CHAIRWOMAN HILLER: Right, so --
COMMISSIONER COYLE: -- to get them all.
CHAIRWOMAN HILLER: -- forgive me.
COMMISSIONER COYLE: -- not 2011.
CHAIRWOMAN HILLER: Yeah, 2010, 2011 . The same as we
had with the audit. 2010, 2011 -- I'm sorry.
MR. OCHS: You got it.
COMMISSIONER FIALA: You got it. You're good, girl.
CHAIRWOMAN HILLER: 2010, 2011, 2012.
COMMISSIONER COYLE: And that by the way is calendar
year 2009, '10 and '11 . But that's all right, go ahead.
MR. OCHS: We will get it all for you.
CHAIRWOMAN HILLER: High maintenance.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. This is on the water
and sewer capital structures?
MR. ISACKSON: Commissioner, this is the last of the
remaining sales tax pledged capital improvement bonds, 2003 and
2005 Series that we're taking out. They're all now what we call a
CB&A pledge, special obligation revenue bond debt. The pledge now
is a covenant to budget and appropriate all legally available non-ad
valorem revenues, as opposed to just a single pledge of sales tax
revenue.
COMMISSIONER HENNING: Which divisions were these
capital projects done?
MR. ISACKSON: Commissioner, I've got a -- if you want, I've
got a list of projects that were financed by these bonds, if you want me
to slap them up on the screen there. You can see kind of an eye chart.
But you can see all the --
COMMISSIONER FIALA: Can you send all of us, all five of us
a copy of that --
MR. ISACKSON: Sure.
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March 12, 2013
COMMISSIONER FIALA: -- after this meeting?
MR. ISACKSON: Happy to do that, ma'am.
You get a sense for the various projects that were included in this
debt portfolio. And those bonds were refinanced over a series of time
since 2010. This is not the only portion of it. There were a number of
refundings that took place to eliminate what will effectively be all the
sales tax pledged debt out of the portfolio in favor of a more general
covenant to budget and appropriate pledge.
MR. OCHS: Commissioner, I think it's important also to point
out, Commissioners, that this refunding does not extend the existing or
the current term of any of these bond repayments.
CHAIRWOMAN HILLER: That is important.
And the other thing that's important to note is that impact fees
generally are not pledged specifically against debt repayment.
MR. ISACKSON: That's correct.
CHAIRWOMAN HILLER: Because there's often that
misunderstanding, and that isn't the case.
COMMISSIONER HENNING: Good news.
CHAIRWOMAN HILLER: May I have a motion to accept?
COMMISSIONER FIALA: Motion to accept this wonderful --
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: -- report and smart move.
CHAIRWOMAN HILLER: Motion by Commissioner Fiala,
seconded by Commissioner Coyle.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. ISACKSON: Commissioners, thank you.
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March 12, 2013
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: You're supposed to last a little
longer, Mark.
CHAIRWOMAN HILLER: Linger longer.
COMMISSIONER FIALA: Look, four minutes.
CHAIRWOMAN HILLER: Good news travels fast.
Item #1 OF
STAFF TO PRESENT A PROPOSAL TO THE BOARD AT THE
SECOND MEETING IN APRIL 2013, ESTABLISHING ONE DOG
PARK IN EACH COMMISSION DISTRICT, AND TO ADD A
DOG PARK AT THE NORTH NAPLES REGIONAL PARK
FACILITY. FURTHER, STAFF TO COMMUNICATE WITH
THE STATE TO DETERMINE IF A SECTION OF WIGGINS
STATE PARK CAN BE DESIGNATED TO ALLOW FOR DOG
WALKING ALONG A PORTION OF THAT BEACH ON A`
LIMITED SCHEDULE. ANY SITE SELECTED FOR A DOG
PARK SHOULD BE AT A SUFFICIENT DISTANCE FROM
RESIDENTIAL NEIGHBORHOODS TO ENSURE THAT
PRIVATE PROPERTY OWNERS' ONGOING RIGHT TO THE
QUIET ENJOYMENT OF THEIR PROPERTY IS IN NO WAY
COMPROMISED, AS PROVIDED BY LAW — APPROVED
MR. OCHS: Commissioners, that moves us back to Item 10,
Board of County Commissioners. We're on Item 10.F. It is a
recommendation that the Board of County Commissioners direct staff
to present a proposal to the Board at the second meeting in April,
2013, establishing one dog park for each commission district, and to
add a dog park at the North Regional Park facility. Further, to direct
staff to communicate with the state to determine if a section of
Wiggins State Park can be designated to allow for dog walking along
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March 12, 2013
a portion of that beach on a limited schedule. Any site selected for a
dog park should be at a sufficient distance from residential neighbors
to ensure the private property owners' ongoing right to the quiet
enjoyment of their property is in no way compromised, as provided by
law.
This item is brought forward by Commissioner Hiller.
CHAIRWOMAN HILLER: Thank you.
In the interim, since I brought this item forward on the agenda,
we have received a lot of very positive public input. And staff has
been responsive to the questions asked by the community. And so as
a consequence what I'm going to do is I'm going to rephrase what the
recommendation is.
The first is we've researched what the state does. And the state
has a policy that allows dogs on leashes in the state parks. And of
course there are manners in which that is allowed.
So the first thing I would like to do is make a recommendation
that as a first step -- and staff is already looking at doing this -- that we
amend our ordinance as it relates to the uses of parks and allowing
dogs to have an inclusion to allow for our taxpayers to use our county
parks by enjoying their dogs on leashes, just like all the state parks
allow.
So the first step would be that we would amend the ordinance to
allow dog walking in all county parks.
The second step would be to look at allowing for a dog park not
just at North Naples Regional, but at any and all regional park
facilities to accommodate the community as a whole.
And then before we move to looking for finding locations of
individual parks in each of the districts, let's see how the first two
recommendations are received by the community, and if that satisfies
the community's desire to be able to walk their dogs in the county and
regional parks, and then make the determination if we need to go out
and find additional sites for additional dog parks.
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March 12, 2013
So if we could change the deadline that I proposed for this
feedback from staff to become the deadline for amending the
ordinance to allow for dog walking on leashes. And then secondarily
to bring back the study on what can be done at the regional parks.
Let's defer looking for the district parks 'til after these are
implemented and we get feedback through staff. And so that's my
motion.
COMMISSIONER FIALA: Well, I'm going to second this
motion.
CHAIRWOMAN HILLER: Thank you. I appreciate that.
COMMISSIONER FIALA: And I think it's a great idea. And I
know we've had people all around the county writing us here and there
saying, you know, how come they have a dog park and we don't. And
you can understand that, because they love to take their dogs, you
know, just down to a little park for dogs. And I know -- now, we don't
have a regional park, but we have a community park in East Naples
that's Eagle Lakes. Now, if you have a certain section cordoned off--
but not near the birding section, because that's a great birding park, so
you kind of want to keep them separate -- that would be a wonderful
thing.
Might I add, though, that can you pay for these -- I realize it's just
like a fence or something. Can you pay for these things with an
impact fee so that we have money to finance that?
MR. OCHS: I can research that.
COMMISSIONER FIALA: It can't cost that much.
MR. OCHS: Let me research --
COMMISSIONER FIALA: You said that too.
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER FIALA: Pardon me?
MR. OCHS: I don't think so, but I'll do the research.
COMMISSIONER FIALA: I was wondering about that because
of the capital expense, but I can't see any capital expense in a fence,
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but, you know, that's a good thing to check on. Thank you.
CHAIRWOMAN HILLER: Well, a fence --
MR. OCHS: You know, if it's taking care of animals that are
already here, I don't think it's growth related.
MR. KLATZKOW: I don't think you can do it with impact fees.
I mean, growth is supposed to pay for growth.
MR. OCHS: Right.
MR. KLATZKOW: This is --
MR. OCHS: Existing.
COMMISSIONER FIALA: Stretching it?
MR. KLATZKOW: That's a good way to put it, yes.
CHAIRWOMAN HILLER: You mean dogs, like new dogs
shouldn't be paying for themselves? They shouldn't be carrying their
own new cost? No, I'm kidding. Growth shall pay for growth.
COMMISSIONER FIALA: We'll get this thing done.
CHAIRWOMAN HILLER: My dog gained a pound.
COMMISSIONER FIALA: Do you have a dog?
CHAIRWOMAN HILLER: Yeah. Oh, my God, I have the most
adorable dog. Her name is Elizabeth Periwinkle Swan. She's a Coton
de Tulear, and she's like one of the loves of my life. Yeah. I can't say
exclusive but --
COMMISSIONER COYLE: I bet my dog can beat up your dog.
CHAIRWOMAN HILLER: I bet my dog is hotter than your
dog.
MR. OCHS: Okay, we understand the direction, ma'am.
CHAIRWOMAN HILLER: And let me just say, it's not about
the guns, it's about the ammo.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, if we were to use impact
fees, I think we'd have to get rid of our spade and neuter program.
COMMISSIONER FIALA: A what?
COMMISSIONER HENNING: Get rid of our spade and neuter
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March 12, 2013
program. Yeah, because, you know, that wouldn't be growth.
The -- you know, what I hear my constituents clamoring for is
more ballparks.
CHAIRWOMAN HILLER: Yes. Oh, I have -- I'm with you.
COMMISSIONER HENNING: And I'm sure that's the same
thing in Commissioner Nance's district is, you know, a lot of people
have areas to walk their dog, but the kids don't have ballparks.
And I hope these dog owners understand that our kids are --
Parks and Rec are based upon activities for children that -- and we
heard this morning the doctors saying kids need to have more
activities, more exercise --
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER HENNING: -- and so on and so forth.
I'm supportive of your new direction, but I will be looking for
new ball fields myself.
CHAIRWOMAN HILLER: Can I respond? I'm so excited. Can
I tell you why I'm so excited?
COMMISSIONER HENNING: Sure.
CHAIRWOMAN HILLER: Because I'm on your wavelength.
And I've already been working on that. Because I have the same
issue. In fact, I think the community as a whole, between soccer and
ballparks, we really need more.
And so one of the things that I've been exploring, and I had
started looking into this quite a while ago, and we haven't finished --
or I haven't finished the research, but, you know, we have mitigation
banks that have not been banked yet.
And like, for example, take north Naples, we have areas that are
preserve that could be converted into more ball fields and baseball
parks and we could use the mitigation credits that come from our own
county mitigation banks. So there wouldn't be a cost, per se and we
could for example substantially expand our ball fields and soccer
fields to accommodate the demand that's out there.
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And again, this is in the exploratory phase. And I've talked to
Leo about the idea. But I am like absolutely 100 percent in agreement
with you. So, I mean, you have my full support. And I'm sure the
other commissioners feel the same way. Anything to get our kids
active, anything to support softball, baseball and soccer is totally a
gung ho --
COMMISSIONER HENNING: And scouting.
CHAIRWOMAN HILLER: Yeah, awesome.
COMMISSIONER FIALA: And what? And scouting?
CHAIRWOMAN HILLER: And what?
COMMISSIONER HENNING: Scouting.
CHAIRWOMAN HILLER: Oh, yeah, excuse me, and scouting.
COMMISSIONER FIALA: Does your little boy play Gulf Coast
Little League, or -- if that's what it's called, or Little League? Are
there -- how many Little League fields are there? I don't know that, so
I'm just --
COMMISSIONER NANCE: About half as many as we need is
the answer.
CHAIRWOMAN HILLER: Right. And I actually, I had --
Commissioner Fiala, I actually looked into that, and I had the pleasure
of working with Barry Williams and the softball community going
back over the last two years to work with Little League and Cal
Ripkin to better manage our programs to allow for everyone to have
their fair share of what's available. But the community wants more.
And if we can do it, you know, in a cost effective manner using what
we've got, oh, my God, it would just be an awesome thing. I get
goose bumps.
COMMISSIONER FIALA: Or even in a partnership. I have to
tell you, between Barry and Steve, they've been working closely with
me in the Gulf Coast Little League. And we had -- right across the
street we have a whole big huge field that doesn't belong to us, it
belongs to East Naples Fire. And so they've worked out a compromise
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with them, you let me use your --
CHAIRWOMAN HILLER: That's great.
COMMISSIONER FIALA: -- place to park. And then they've
opened up the back there or they're about to open up the back so more
people can park there.
I mean, now that's called creative. And I really appreciate when
they take a little bit of these creative juices and make it a better world
for our kids.
CHAIRWOMAN HILLER: I like it.
COMMISSIONER FIALA: Thank you, guys.
CHAIRWOMAN HILLER: Especially when it's orange juice.
Be true to Florida. Creative orange juice? Whatever.
Okay, Commissioner Coyle?
COMMISSIONER COYLE: I just want to add that when we're
asking the staff to evaluate certain alternatives, inherent in that
direction is a requirement to determine the costs of relative
alternatives.
CHAIRWOMAN HILLER: Correct.
COMMISSIONER COYLE: And so when you come back to us
about this, I want you to tell us what the cost implications are of
making these decisions.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER COYLE: And that will help us make a more
informed decision.
CHAIRWOMAN HILLER: And Commissioner Coyle is right.
And it's not just the cost of whatever capital improvement that is
needed, like if we need a fence or something like that, if there's, you
know, a designated park area, but also what the carrying cost of the
project is. So if we open up a dog park at the regional parks, like a
corner that's carved out, is there, you know, an additional maintenance
cost that is material? I mean, if it's an immaterial cost, then please
state it's immaterial. Like, I mean, if it needs to be cleaned in a certain
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fashion, it adds like a few thousand dollars, that is not as concerning.
But if we're talking like about a large sum -- and then it's up to the
people. I mean, we do expend public funds without a financial return
on investment. To give you an example, libraries. In fact, parks as a
whole are not supposed to be making money. It's what quality of life
is all about. So, yeah, Commissioner Coyle is correct.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I'm fully supportive of this.
One thing I would say is I believe we need to let the Parks and
Rec staff come back, because there are certainly some areas in our
parks that are not going to be appropriate for dogs and we need to
identify those and make sure that we have appropriate rules in place.
Because I will tell you that -- and we had this conversation a little
bit over break, all dogs are not created equal. Although I'm sure
Commissioner Hiller has a very well-behaved, cute and adorable small
dog, in my district we have dogs that would consider her dog a snack,
and I don't think we need to be promoting dog snacking in our parks.
It might create attention that we don't need.
So I think we need something that's regionally appropriate, as
well as consideration for Mr. Williams.
CHAIRWOMAN HILLER: I just want to -- you know, I have to
defend my dog. I mean, this is like -- this is just dog abuse. I'm going
to show you what my dog looks like. Okay, because I mean it's just
like wrong.
COMMISSIONER FIALA: I love her name.
CHAIRWOMAN HILLER: Yeah. She was actually -- yeah, she
was named after Elizabeth Swan from Pirates of the Caribbean, with
Periwinkle being the official flower of Madagascar. But, I mean, I
need to get this up there. Hang on a second.
COMMISSIONER NANCE: Maybe we need a definition of
what a dog is so we can know what kind of a park we need.
CHAIRWOMAN HILLER: Hang on a second. Can you put this
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on the overhead? I am defending my dog, okay?
COMMISSIONER FIALA: That's funny, what a dog is.
COMMISSIONER NANCE: You might be surprised.
Commissioner Coyle.
That's not a hamster, Commissioner Hiller?
CHAIRWOMAN HILLER: That is cruel and unusual
punishment.
COMMISSIONER NANCE: Bichon Frise.
CHAIRWOMAN HILLER: Excuse me?
COMMISSIONER NANCE: No, this is a Coton de Tulear,
Commissioner Coyle.
COMMISSIONER COYLE: Oh, really.
COMMISSIONER FIALA: What is it called?
COMMISSIONER COYLE: Oh, it is?
COMMISSIONER NANCE: I've been told.
COMMISSIONER COYLE: How can you tell that?
COMMISSIONER NANCE: I wouldn't know. I think it's a
language. Maybe it's as verbal or nonverbal language.
COMMISSIONER COYLE: Well, that's what the Canadians call
it in French.
COMMISSIONER NANCE: There you go.
COMMISSIONER FIALA: What kind of a dog is that?
COMMISSIONER NANCE: Coton de Tulear.
CHAIRWOMAN HILLER: Here's another version.
I rest my case. I rest my case.
COMMISSIONER COYLE: That's an appetizer.
COMMISSIONER NANCE: That's what I said.
CHAIRWOMAN HILLER: Okay, there being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
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COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
The only thing I will add is we had the issue of walking dogs on
our county beaches. Staff is continuing to explore if there's an
opportunity there.
And with respect to anything we do, we do as I've stated in my
executive summary, always have to be mindful of the residential
neighborhoods abutting any dog park or any park that dogs can be
walked in to ensure that the quiet enjoyment of these private
properties is in no way compromised. And that is a legal requirement.
So we look forward to your time, place and manner restrictions
on dog walking.
MR. MILLER: Madam Chair, I was just handed a speaker slip
on this item.
CHAIRWOMAN HILLER: Oh, of course. Who's our speaker?
MR. MILLER: Penny Taylor.
CHAIRWOMAN HILLER: Hi, Penny. How are you?
MS. TAYLOR: Very good, thank you.
CHAIRWOMAN HILLER: Would the Board indulge --
COMMISSIONER FIALA: Sure.
COMMISSIONER COYLE: Sure.
CHAIRWOMAN HILLER: Sure, go ahead.
MS. TAYLOR: Thank you, Madam Chairman.
The beach -- the dogs on the beach. I was very intimately
involved in that in Bonita. And so as you go forward, if this is
something that you wish to happen, I would encourage you to keep in
touch with SODA, save our off-the-leash dog leash area. They're in
Bonita. I can certainly provide you with some numbers.
CHAIRWOMAN HILLER: If you could give whatever
information you have to county staff as they're researching that, that
would be awesome.
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MS. TAYLOR: Okay, great.
CHAIRWOMAN HILLER: Thank you. And thank you for
bringing that to our attention.
MS. TAYLOR: Well, it's a very, very exciting idea. And if the
folks who are behind -- and this beach in Bonita has been in existence
probably -- and maybe you've walked your dog there -- but for maybe
10 years. And it's so well taken care of. And we take great pride in
keeping it clean.
CHAIRWOMAN HILLER: No, I really appreciate that. That's
wonderful. Thank you for --
MS. TAYLOR: But it's a grassroots effort. It's not the county
that does it. It's the people know that if they don't take care of their
beach, that beach is gone.
CHAIRWOMAN HILLER: That's awesome. Very well put.
If you could coordinate with Mr. Ochs and share what
information you have. And Steve Carnell, our interim Director of
Parks, is right there already ready to receive the information.
MS. TAYLOR: All right, thank you.
CHAIRWOMAN HILLER: Thank you for coming today.
COMMISSIONER COYLE: Penny, do you have a picture of
your dog with you?
MS. TAYLOR: No, but I could bring him the next time.
CHAIRWOMAN HILLER: Penny, Penny, I just want you to
know --
COMMISSIONER COYLE: Her dog would really love your
dog.
CHAIRWOMAN HILLER: I know he thinks it's Valentine's
Day, but he doesn't understand, we're moving to St. Patrick's Day.
Valentine's Day is over. So next time you do come to speak to this
issue, do bring a picture of your dog because I would like to see it.
MS. TAYLOR: Oh, okay.
CHAIRWOMAN HILLER: Because I love dogs.
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MS. TAYLOR: All right good, thank you.
MR. OCHS: Madam Chair, you have an 11 : 15 time certain, if
you'd like to go to that.
CHAIRWOMAN HILLER: Yes.
Item #14A1
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY REVIEW
OPTIONS, CONSIDER ORGANIZATIONAL AND
OPERATIONAL STRUCTURES AND PREPARE TO PROVIDE
DIRECTION REGARDING MANAGEMENT AND OPERATION
OF THE COLLIER COUNTY AIRPORTS. OPTIONS TO
CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO
MAINTAINING THE EXISTING AIRPORT
AUTHORITY/EXECUTIVE DIRECTOR STRUCTURE,
CONTRACT AIRPORT MANAGEMENT, LONG-TERM LEASE
OF AIRPORTS (PUBLIC-PRIVATE PARTNERSHIP), SALE OF
THE AIRPORTS (FULL PRIVATIZATION), AND/OR ANY
COMBINATION THEREOF - MOTION FOR STAFF TO PUT
OUT AN RFP FOR A CONSULTANT TO LOOK AT ALL OTHER
OPTIONS AND ALTERNATIVES INCLUDING THE
SEPARATION INCLUDING THE LEASE/SALE OF THE
IMMOKALEE AND EVERGLADES CITY AIRPORTS AND
BRING RECOMMENDATIONS BACK AT A FUTURE BOARD
MEETING — APPROVED; AFTER LUNCH BREAK
COMMISSIONER COYLE CHANGED HIS VOTE — APPROVED
MR. OCHS: That is Item 14.A.1 on your agenda this morning.
It is a recommendation that the Board of County Commissioners,
acting as the Collier County Airport Authority, review options,
consider organizational and operational structures, and prepare to
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provide direction regarding the management and operation of the
Collier County Airports. Options to consider should include but not be
limited to: Maintaining the existing Airport Authority/Executive
Director structure; contract airport management; long-term lease of
airports; sale of airports; and/or any combination thereof.
And this item was brought forward by Commissioner Nance.
MR. MILLER: Madam Chairwoman, you have one registered
speaker.
CHAIRWOMAN HILLER: Thank you, that's what I was going
to say.
Go ahead, Commissioner Nance.
COMMISSIONER NANCE: Yes, I brought this item forward in
response to the numbers of different conversations and agenda items
that have come before this Board in my brief tenure and in the
meetings previous to that regarding the status of the Collier County
Airports. And I just felt like it was time for the Board to make a
decision on some of the different things that have been mentioned that
we've talked about in agenda items at our workshops, at our reviews of
the costs and expenditures of the airport and status, and wanted to
open this for discussion, because I believe we have a responsibility to
the community, to the Collier County Airports and the customers
themselves and to Mr. Curry to decide what we're going to do with the
Collier County Airports in the short term and in the long term, as far
as we can see.
So I just wanted to open this for discussion and see what the
Board members thought we should do and decision-making going
forward about Collier County airport management.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Commissioner Nance, I would
hope that you would continue this item to the next meeting. Chris
Curry is going to bring -- have an item on the agenda on how we
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repay the debt. And I think that all kind of comes in together. And
maybe give direction from that. Because I think this really fits in with
whatever suggestion is brought back. Or may have a potential.
Does that make sense to you?
COMMISSIONER NANCE: Yes.
COMMISSIONER FIALA: Commissioner Henning, would you
say that one more time?
COMMISSIONER HENNING: Chris Curry's going to bring
recommendations on how to repay back the debt --
MR. CURRY: That's correct.
COMMISSIONER HENNING: -- at the next meeting, and I
think this item is appropriate for that discussion at that time.
COMMISSIONER FIALA: Okay, thank you.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, these items are important
items to be considered. This will not be the first time we've
considered them. We've considered them just about five years ago and
even to the point where we sent out advertisements to gather interest
from people who would be interested in contracting for the
management and operation of our airports. So there's absolutely
nothing wrong with doing it again.
But I think that if you wait until after Mr. Curry's presentation,
you will understand what those areas are that would offer a reasonable
opportunity to achieve the goals of the Board, and we can save
ourselves a lot of time with some of the other issues that we have
previously evaluated.
So I'm in favor of holding this off until after Mr. Curry's
presentation that is already planned and scheduled, and then decide
how we proceed at that point in time.
CHAIRWOMAN HILLER: I have a little bit of a different
perspective. I think this is an excellent suggestion and I actually think
that it doesn't matter when Mr. Curry brings this information forward,
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whether it's at the next meeting or the meeting subsequent to that. I
don't think we should hold off on what Commissioner Nance is
proposing because I think it ought to be done but in a different way.
And what I would suggest is that we direct staff to put out an
RFP to bring in a consultant that specializes in airports to evaluate the
various options that the Board could consider in light of, for example,
the information that Mr. Curry will be bringing forward.
So I don't think that this item needs to be delayed in any way, but
I would ask Commissioner Nance if he would consider making a
motion to direct staff to develop an RFP to have a consultant give us
the alternatives with respect to all three airports. Or a combination
thereof. I mean, thereof being the airport combination.
COMMISSIONER NANCE: I am absolutely open to any format
for this discussion. You know, I included some summary information
in the backup material just because, you know, it covered -- there's a
lot of ground to be covered when you look at these different things.
And certainly if you look at that, the suggestion that I made in that
information is that before you do or consider anything, you certainly
have to have a consultant that's versed in these sorts of things and is
beyond the scope of knowledge sitting on this dais certainly. So I
would not be adverse to doing that.
CHAIRWOMAN HILLER: So why not make the
recommendation for staff to developed the RFP to hire that consultant.
And Mr. Curry in the meantime can bring forward that information.
That information would be used by the consultant with whatever other
information is out there to propose a slew of alternatives for the
Board's consideration.
You know, we as a Board are not expert in, you know, what
options are out there or what the optimal option would be in light of
the facts that are before us, and I don't think we should halt the
process. I think we should move forward on your recommendation
and get that RFP out and get that consultant hired to evaluate, for
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example, Mr. Curry's report that will be presented next week -- or at
the next Board meeting.
COMMISSIONER NANCE: That's fine. If you want to make
that in the form of a motion I would second that.
CHAIRWOMAN HILLER: Okay, I'll make it as a motion then.
COMMISSIONER FIALA: Say it one more time?
CHAIRWOMAN HILLER: The motion would be to direct staff
to put out an RFP to bring in an airport consultant to give us the
alternatives that we could consider with respect to the -- you know, the
management lease or sale of any or all the airports. Because we're not
experts. So let's bring in a consultant to advise us on what our options
are. That's my motion.
COMMISSIONER COYLE: My light is on.
CHAIRWOMAN HILLER: Yeah, I just wanted to know if I had
a second.
COMMISSIONER NANCE: Yes, I will second that.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: We're going to spend some money
on a consultant, it could be a considerable sum of money, when we are
already paying a professional Airport Director to give us alternatives
and define courses of action.
I would suggest to you that it would be a lot less expensive if we
were to let Mr. Curry tell us what he thinks the viable options are, and
then if we want to verify that we can contact the FAA and other
agencies and to determine if those are options we can possibly pursue.
Now, the other option of course is to hire Mr. Courtright and
have him tell us how the airports should be managed, and hopefully
we wouldn't spend quite so much money on an outside consultant.
Because he seems to have an answer to almost everything that we do
here as far as airports are concerned.
But I think it is a waste of money to go out and hire a consultant
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to tell us something that we have qualified people to tell us right now,
including the Airport Advisory Board. There are experienced aviation
specialists on that board who can help us decide what we're going to
do.
Our problem is that we choose, at least the majority of the Board,
chooses to listen to people who don't know what they're talking about
rather than listening to the people who do know what they're talking
about. And to hire a consultant just to educate us on that process I
think is a terrible waste of taxpayer funds.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I believe, and please correct
me if I'm wrong, I believe that this all began when Commissioner
Henning said we're in debt and he wants to get the airports out of debt;
is that correct, Commissioner Henning?
COMMISSIONER HENNING: I didn't write this executive
summary.
COMMISSIONER FIALA: No, I know that, I know that. But I
said it all began when you were mentioning that, right?
COMMISSIONER HENNING: It could be somebody's
perception. I'm not sure what the question --
COMMISSIONER FIALA: Well, it was my perception. I think
you actually used those words that, you know, we're in debt and you
wanted to get that debt paid off.
Let me just know if that's what you were saying.
COMMISSIONER HENNING: You mean at a previous
meeting?
COMMISSIONER FIALA: Yeah, uh-huh. Actually, quite a few
meetings ago. We could always look it up in the record. I mean, it
isn't a problem. I was trying to, you know, get to the short end of the
stick rather than, you know, just hear it from you.
The reason I ask that is if we are in debt and we want to lease it
to somebody or sell them to somebody or give them away to
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somebody, who's going to pay that debt? Do they get to pay it then? I
mean, we don't want our taxpayers to pay it.
CHAIRWOMAN HILLER: It's actually an interagency debt. It's
a due to/due from between --
COMMISSIONER FIALA: I'm talking all the airports, ma'am.
CHAIRWOMAN HILLER: Yeah, I'm talking about all the
airports too.
COMMISSIONER FIALA: Interagency --
CHAIRWOMAN HILLER: Right, it's between the general fund
and the airport fund.
So the obligation is where the airport funds that are under the
Board owe the general fund, which is also under the Board the $20
million obligation.
COMMISSIONER FIALA: So then in other words we're not
going to pay it back just because we're leasing it to somebody, right?
And it's not going to be their responsibility, their financial
responsibility to pay it back either.
I mean, let's just cut to the bottom and see what we're really
trying to accomplish here so that we can see if we can solve the
problem. That's what I'm trying to get to.
CHAIRWOMAN HILLER: Right. Which is why we need a
consultant to advise us on the operations.
COMMISSIONER NANCE: I'd like to comment.
CHAIRWOMAN HILLER: Go ahead, sir.
COMMISSIONER NANCE: Yeah, Commissioner Fiala, the
purpose of this agenda item is to take action so that we can start
making our airports perform or do a little bit something different than
we have in the past decade. We have got a long history of operating
the airports in a manner very similar to what you're managing them
today. And what we have done is we have gathered this debt which
yes, it's an interagency debt, but if we continue the way we are at
present, there is no reasonable conclusion can be reached that we're
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going to be able to do anything except continue to suffer along with
the airports very similar to the way they are today and continue to lose
money.
COMMISSIONER FIALA: Okay, Commissioner Nance --
COMMISSIONER NANCE: Yes, ma'am.
COMMISSIONER FIALA: -- I understand that. The thing is,
that's why we hired Chris Curry two years ago, to move these things
forward. Which obviously he has. The things that he's accomplished
in the last two years are more than any of the airports have
accomplished in the last, well, since I've been on here 12 years. And I
don't know how much before then. We've suffered through -- you
haven't been here, but we've -- not suffered, that's not a very nice word
to say. Let me say that we've had other people managing the airports
before and it's nice and so forth, but this guy here has actually brought
it into a realm, to a business realm. He's making these airports a
business for the people who are using them. They've expanded, they're
-- I'm so proud of what they're doing.
And yeah, there's a couple of people that are disgruntled. Not of
course on Marco and not in Everglades City, only in one area. But
even if they're disgruntled, you know, we should be basing it on his
performance, not on a few disgruntled people.
COMMISSIONER NANCE: Well, I just think we're in a state of
disagreement over where we are with the airports as a whole, and
that's why I brought the agenda item forward. Because I believe if we
continue to manage them similar to the way we have in the past, we're
going to continue to achieve the results that we have, and I just don't
think there's very much upscale potential.
With a new director of economic development coming in here
and examining what people are trying to do in other areas, I thought it
was worth taking a look to decide whether we should go with other
options, explore our options and see if we can do something that's
going to have a little performance and actually make the airports into
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an economic contributor. That's the point.
COMMISSIONER FIALA: Okay, I understand that. Maybe I'm
just not misunder -- maybe I'm not understanding what in the past
means. Do you mean in the past two years or you mean the past 10
years?
COMMISSIONER NANCE: Look back as far as you want to
look.
COMMISSIONER FIALA: Well, because there's a great
difference between 10 years and two years. I mean, it's monumental.
Not only that, but we have aircraft landing in Marco now since we put
the taxiway in that could never land there before. Their insurance
wouldn't cover them because there was no taxiway. They would land
and depart on the same runway. And they also then had problems
with larger aircraft.
Since that taxiway has been built, the business there has
substantially improved. So I thought maybe I better get your idea of
what in the past means. You know, if we're discussing a different
length of time than the last two years, well, then that might be
different. But in the past two years, it doesn't hold water.
COMMISSIONER NANCE: Well, you know, as long as I've
been living in Collier County the airports have been fundamentally the
same. And what we've done is we've bumped from public relations
news release to news release about how great things are at the airport.
The fact of the matter is things are not great at the airport. The
airports continue to lose money, they're providing some basic service,
there's a lot of dissatisfaction among some of the base users of the
airport, and airports are losing money. Other than that, everything is
great.
I'm just saying that, you know, people continue to identify our
county airports as our things with potential. I think we need to go to
some professionals to tell us what it is we can do to actually realize
some measurable potential and not just things that are nice things to
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talk about but don't produce any real substantial economic results.
So, you know, I'm going to make this recommendation that we
go ahead and make -- we've got a motion and a second here to go out
and find a consultant to examine our options and opportunities to
move ahead with something more substantial.
COMMISSIONER FIALA: Could you tell me, County
Manager, does the Marco Airport make money?
MR. OCHS: I'm going to defer to your Airport Director for that,
ma'am, if you don't mind.
COMMISSIONER FIALA: Okay.
MR. CURRY: Chris Curry, Executive Director.
Yes.
COMMISSIONER FIALA: That's all I needed to know.
CHAIRWOMAN HILLER: Commissioner Coyle? I just want
to make sure, Commissioner Fiala, are you done?
Okay, she's done.
COMMISSIONER COYLE: I'm sure that we're going to hire a
consultant and spend a lot of money telling us things that we already
know. But I would ask that we examine all options to include the
separation of Immokalee from the other two airports and let them go it
alone if they think they can do a better job with it. And we can let Mr.
Fletcher be the airport manager, Mr. Courtright can be the chairman of
the advisory board out there, and then we'll see where that takes you.
One of the most important things a commissioner needs to know
is who to listen to. And if you're listening to the people who have been
responsible for the failure of Immokalee for decades, then you're
going to think that it's really bad and there is no future. And if you
listen to those people, there's no amount of debate that is going to
change any minds. I choose not to listen to them, quite frankly.
But in any event, if we will ask the consultant to consider all
options, including the separation of the Immokalee Airport as a
standalone facility, not subject to any general fund support, then I am
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quite happy to see this proposal proceed.
CHAIRWOMAN HILLER: I think that's very acceptable. I
think that should be included as an option. And I actually think that
what should be included as an option is the sale of the Immokalee
Airport.
COMMISSIONER COYLE: Yeah.
CHAIRWOMAN HILLER: So, I mean, there could be a lease to
a private party, a sale to a private party. And yes, absolutely. In fact,
one of the considerations I had was not quite along the lines of
Commissioner Coyle, but -- I wasn't thinking of Marvin Courtright as
the Board's consultant, though, but --
COMMISSIONER COYLE: That's who you're listening to.
CHAIRWOMAN HILLER: -- I mean, if Commissioner Coyle
would like that, please make sure that Marvin has the opportunity to
submit a contract offer. Although I'm not sure the Board as a majority
would hire him.
Sorry, Marvin, if you're out there listening, we love you, but --
but that being said, in all seriousness, we should look at options that
consider the separation and maybe really what we look at is Marco as
the standalone with -- and maybe that being left as-is with Immokalee
and Everglades being considered for lease or sale. I mean, that doesn't
-- I'm just throwing out alternatives.
Now, I'm not an expert in this field. And it's that combination of
alternatives and what the revenue potential is under each of the
various scenarios is what we need presented to us in light of the
current cost to support these airports. And in light of, as
Commissioner Fiala pointed out, the revenue production by these
airports.
So I don't think anything should be excluded from the analysis.
We want the options, we want the impact of the options quantified.
We want it brought back to the Board so we can make an informed
decision as to, you know, what the best scenario would be considering
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all three airports.
So if there's no further discussion, we have one public speaker.
MR. OCHS: I'm sorry, I do have one --
MR. MILLER: Your public speaker is Clarence Tears.
CHAIRWOMAN HILLER: Do you want to be a consultant?
Just asking.
COMMISSIONER FIALA: Good to see you, Clarence.
MR. TEARS: Thank you.
On behalf of Everglades City, I'm representing them today. I
have no comments at this time, and I'll wait 'til you move forward. As
long as you consider all options.
CHAIRWOMAN HILLER: That's what --
MR. TEARS: Because the city does have an interest --
CHAIRWOMAN HILLER: They do.
MR. TEARS: -- in taking over the operations of their airport.
Thank you.
CHAIRWOMAN HILLER: Absolutely. And thank you.
And Clarence, did you sign up as a lobbyist, since you're
representing them?
MR. TEARS: Not as a lobbyist, no.
CHAIRWOMAN HILLER: Are you being compensated by
them?
MR. TEARS: Yes.
CHAIRWOMAN HILLER: Okay. Then you do have to register
as a lobbyist, and because this is a new position for you, I don't think
the Board would, you know, take exception to you presenting without
having registered, but as a lobbyist you do need to register with the
Clerk of Courts and identify your client. And then when you come
before the Board, you know, identify yourself as representing, you
know, in a professional capacity.
COMMISSIONER COYLE: And you have to pay each
commissioner $250.
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March 12, 2013
MR. TEARS: I don't want to get involved with that, thank you.
CHAIRWOMAN HILLER: Congratulations on your new
position.
MR. OCHS: Madam Chair, if I might just get a quick bit of
clarification. You're directing staff to move forward in this way --
CHAIRWOMAN HILLER: To put out an RFP.
MR. OCHS: Yeah. Are you directing Airport Authority staff or
county staff?
CHAIRWOMAN HILLER: No, county staff, purchasing.
MR. OCHS: Purchasing can put the technical specification
together, Commissioner, but my staff or I do not have, you know, the
qualifications to make judgments on aviation consultants. So I would
hope that in putting the technical aspects of the specification or
certainly some committee that's reviewing proposals that we have
representatives from Clarence and his staff, because we don't have the
expertise.
CHAIRWOMAN HILLER: Sure. And why not work with
Commissioner Nance, since this is his item? Whatever you put
together with staffs assistant, let him review it before it goes out to
make sure it incorporates everything that, you know, we've --
MR. OCHS: Sure.
CHAIRWOMAN HILLER: -- discussed here today and what's
parts of his backup that's incorporated by reference.
COMMISSIONER FIALA: Now, that wouldn't be any conflict
for him, would it, if he was helping on that end and then having to
vote for it on this end, right?
CHAIRWOMAN HILLER: What, the RFP?
COMMISSIONER FIALA: I don't know, I'm just asking that
question.
MR. KLATZKOW: If we're going to do this according to Hoyle,
okay, you are now sitting as the Airport Authority. You have a
contract with Mr. Curry, he's your executive director, he runs your
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airports.
Any study to be conducted really should be under Mr. Curry's
auspices and he's the one who should be directed. You have an
Airport Advisory Board who could help you with this RFP.
Now, legal staff gives Mr. Curry support, so his purchasing
people could certainly help that. But I think the more elegant way to
handle this is to direct Mr. Curry to do this through his advisory board
and ask Mr. Ochs to allow his staff to support that effort.
CHAIRWOMAN HILLER: We could do that.
Now, just for clarification, the Airport Authority does not exist as
an independent authority. It's actually just another division of the
county under the Board of County Commissioners. And while we
label it as the Airport Authority, in reality we're not.
So I think it becomes somewhat of a blended issue, and which is
why I think it's -- and you know, there's the issue also of Mr. Curry
potentially having -- and I'm glad you raised the conflict of issue with
respect to Commissioner Nance being involved in assisting you,
because it raises the issue that Mr. Curry would have a conflict of
interest in the same regard and that that is obviously, you know, hiring
a consultant who could make a recommendation that for example
would suggest, you know, we should lease or sell all the airports
which would eliminate his position would be against his interest. So
that's kind of why I kind of view the County Manager and the
purchasing division under the county to put together an RFP to bring
back a consultant. I mean, the RFP is really simple, to basically
request that an individual or a company -- well, a company
experienced in airport consulting bring back -- you know, study the
financial state and the operational state of the local airports that the
county controls, and bring back alternatives that would allow for
optimizing operations and optimizing profitability. It's really simple.
I mean, it's not a complicated RFP. And then let them submit their
proposals and, you know, come up with a cost parameter and get it
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done.
But I think putting it through the County Manager's office and
through purchasing eliminates any conflict of interest. And I think,
you know, leaving Commissioner Nance out of the process eliminates
that also. So I'm really glad you raised that. You're a genius.
MR. OCHS: No, no, Commissioner Fiala's the genius, she raised
the question.
CHAIRWOMAN HILLER: Oh, okay, you're the genius.
COMMISSIONER FIALA: But my voice sounded different.
That's why.
CHAIRWOMAN HILLER: So I would like to leave it with
purchasing putting out an RFP as described and, you know, let's see
what responses we get and at what cost.
Is there any further discussion?
(No response.)
CHAIRWOMAN HILLER: Okay, there being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER HENNING: Opposed, aye.
CHAIRWOMAN HILLER: Oh, I'm sorry, Commissioner
Henning in opposition. 4-1.
COMMISSIONER FIALA: Madam Chair, could I ask you,
these guys that are sitting over here for 14.B.2.
CHAIRWOMAN HILLER: Sure, absolutely. You want for
handle them right now?
COMMISSIONER FIALA: Yeah, as long as we're here.
CHAIRWOMAN HILLER: Absolutely. I totally agree.
COMMISSIONER FIALA: Not that I don't like you in the
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audience, but we might as well get you up here.
CHAIRWOMAN HILLER: No, I think that's a really great idea.
Because -- is 10 minutes enough time for you? Sure, let's --
MR. OCHS: Commissioners, would you want to convene as the
Community Redevelopment Agency?
COMMISSIONER FIALA: Sure.
CHAIRWOMAN HILLER: And actually, why don't --
COMMISSIONER FIALA: As soon as I can stop coughing, yes.
Item #14B2
THE COMMUNITY REDEVELOPMENT AGENCY (CRA)
REVIEW AND DISCUSS A LETTER DATED MARCH 5, 2013
FROM BAYSHORE CULTURAL AND PERFORMING ART
CENTER (CAPA) AND PROVIDE GUIDANCE - MOTION FOR
CAPA TO SUBMIT AN APPRAISAL TO THE CRA STAFF AND
REAL PROPERTY TO REVIEW AND BRING BACK AT A
FUTURE BOARD MEETING — APPROVED
CHAIRWOMAN FIALA: CRA meeting is now in session, and
we're addressing number 14.B.2, recommendation that the Community
Redevelopment Agency, CRA, review and discuss a letter dated
March 5th, 2013 from the Bayshore Cultural and Performing Arts
Center, CAPA, and provide guidance.
MR. MILLER: Madam Chair, we have one public speaker
registered for this item.
CHAIRWOMAN FIALA: One public speaker, okay.
And this little cutie pie is Dwight Richardson.
MR. RICHARDSON: Good morning. I'm not the registered
public speaker; however, I am here representing the Bayshore Cultural
and Performing Art Center which we don't now have but wish to have
very soon, and we were looking to this Board and to the CRA Board
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to help facilitate the next step in this winding path as we move upward
and onward to get into the happy spirit that you all have set today.
You each have a copy of the letter that went to Commissioner
Fiala as chair of the CRA. And you'll note that while we have been
discussing with the various board members, all of you individually,
our interest in this property over the past several years, and are trying
to resolve towards a lease arrangement but have been advised
appropriately by everyone on the Board that it might be more effective
for us if we went into a purchase agreement with you and just went
ahead and bought it.
So that's what the essence of this offer is. We want to buy it. We
have -- there's a few other elements to a deal that we might put
together. We need to know a price. While we have an appraisal price
on it now, you might want to take a look at it now in due diligence.
We want to have the CRA remain intact, because that is in fact a
cultural district that you've established. And with the footprint,
cultural footprint we have in Botanical Garden, you've got the golden
triangle up there that you want to do something nice with. We're right
in the middle on that 18 acres of property that the CRA owns where
we could be in the other cultural footprint to bring in this Cultural and
Performing Arts Center.
So that's what we -- we need to have the CRA alive and well. As
we take on this project we also need to have an agreement or
commitment from the county board that would have a fast track as far
as working with Nick and all the people we'd have to work with to
update that rezoning that's already there to make sure it would satisfy
the requirements that we would define, you know, the 700-seat
theater, the 150 seat black box with art centers with administrative
space. It's going to be a beautiful place.
And you're all very familiar with that site. You might not realize
until it's pointed out to you that on the back side of that property is
Lake Avalon. It abuts our good friend in the regional park there.
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So we see it as a win/win. You've got some indebtedness issues
that I know were pressing on your mind relative to the CRA. This
brings some cash towards that solution. I know there's some other
resolutions that are going to be coming before you with a
renegotiation with that contract. So we're here to get on with it. And
COMMISSIONER FIALA: Okay.
MR. RICHARDSON: -- react to your reactions.
CHAIRWOMAN FIALA: I was going to call the speaker. May
I call the speaker and then you're the first one? Thank you.
Our speaker, please?
MR. MILLER: Your speaker is Penny Taylor.
CHAIRWOMAN FIALA: Did you say two speakers?
MR. MILLER: No, sorry.
MS. TAYLOR: Good morning, again.
I'm so excited by what I have learned about this project. This
project could may well define the future of this neighborhood. It is
ideally located. You've got people who have hung in for years and
years and years to make this a reality. We need it in the cultural arts
society, and we need to have that ability to have a huge and wonderful
theater in the area.
I believe that there's a Renaissance going on on Bayshore.
You've got folks interested now coming to the CRA Advisory Board I
think at the end of the month about the Sirus property. You've got a
comprehensive plan amendment that you're going to be looking at I
believe in April. And so to me the time is right.
And certainly the price has to be fair, it has to be correct. You're
not going to give anything away. But boy, once that deal is struck,
move quickly. Carry that impetus forward. Thank you.
CHAIRWOMAN FIALA: Thank you very much.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
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March 12, 2013
I'm so delighted to hear that you are now considering purchasing
the property. I think that is a step in the right direction.
I'm also delighted to hear that you're looking to buy it with your
own money, which is just again so commendable that you're not
looking to mooch off government. It's really the way to go.
And what I would like to recommend is that the motion right now
be that we direct staff to do a fair market value appraisal on the
property so we know what the price is, and then bring that back to the
Board. And then based on what the price is, allow the Board to
consider whether or not it does want to put this property on the
market. And then if we were to decide to sell it, of course we would
have to put it out for sale generally and, you know, you could make an
offer on it. And if there were others out there that would be interested
in purchasing, obviously they would compete against you. But that is
the fair and proper way to dispose of our public's assets.
MR. RICHARDSON: We have to follow the process, whatever
you deem is appropriate.
COMMISSIONER HILLER: Exactly.
So I would like to make a motion that we direct staff to appraise
the property for its current fair market value and bring that back to us
for the Board to then consider whether or not it wants to put the
property up for sale.
MR. RICHARDSON: Or whether our offer would be deemed
sufficient.
COMMISSIONER HILLER: Well, I think we would have to put
it on the market and allow others to compete. We couldn't just sell it
to you at your offer and disregard that others might put an offer that
might be higher.
The likelihood that anyone else would be out there that would
want to purchase it -- I'm not going to speculate, but --
MR. RICHARDSON: I understand.
COMMISSIONER HILLER: You know, I mean, we have to -- if
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we're going to put it up for sale, we have to put it up for sale.
MR. RICHARDSON: Well, you have already put it up for sale
in an action on December 11th.
COMMISSIONER HILLER: Did we do that?
CHAIRWOMAN FIALA: Yes.
COMMISSIONER HILLER: Oh, is that part of that package?
Tell me, where -- did we get --
MR. RICHARDSON: It's an RFP that's being conducted now.
COMMISSIONER HILLER: Oh, okay. Do we have an updated
appraisal on that?
MR. OCHS: I'd ask Ms. Jourdan to come forward.
CHAIRWOMAN FIALA: The problem with that particular
piece of land, we're probably not going to get as much of an offer
because the middle of it is full of water.
COMMISSIONER HILLER: My mistake. I didn't realize that
that parcel is also --
MR. OCHS: Jean, give the Board a quick update --
COMMISSIONER HILLER: I forgot that was part of the same
MR. OCHS: -- of where you are with your commercial real
estate.
COMMISSIONER HILLER: -- RFP.
MS. JOURDAN: For the record, Jean Jourdan, Interim Director,
Bayshore/Gateway CRA.
Currently we are going through the process with purchasing to
have an RFP for real estate services. They have completed that RFP.
Now we're just recruiting selection committees.
COMMISSIONER HILLER: So you haven't actually -- so we're
not where you're saying, that you haven't actually advertised this
property for sale through -- and have obtained a fair market value
appraisal for selling it.
MS. JOURDAN: Not at this time. We did have an RFP out
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prior, which was for a developer for the property to sell or lease. And
that's when CAPA was the only respondent to that.
COMMISSIONER HILLER: Okay, which didn't work, which is
why we --
MS. JOURDAN: Right.
COMMISSIONER HILLER: -- are where we are today.
So you're jumping ahead. We're not where we need to be yet.
How quickly will you get that done?
MS. JOURDAN: As soon as we recruit the selection committee
the RFP will go out in about a week and we should have it within 90
days. Additionally --
COMMISSIONER HILLER: No, that RFP is for the broker or
for --
MS. JOURDAN: Correct. Yes, just for the broker. For the real
estate services. In order to --
COMMISSIONER HILLER: Well, I guess, you know, we could
save the commission if we put it out for sale without a broker, if we
simply just advertise it for sale. But again, based on a fair market
appraisal that's current.
MS. JOURDAN: Correct. But additionally, even in the RFP
with a real estate broker we can actually eliminate CAPA from that --
COMMISSIONER HILLER: That's fine.
MS. JOURDAN: -- since we've already --
COMMISSIONER HILLER: Since they've already approached
you.
MS. JOURDAN: So we wouldn't have to pay a commission --
COMMISSIONER HILLER: Yeah.
MS. JOURDAN: -- on that and still move forward.
CHAIRWOMAN FIALA: Oh, good.
COMMISSIONER HILLER: You know what, you're absolutely
right about that. We can exclude -- and in fact you should exclude
any known buyers, potential buyers from that commission and then
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still put it out.
CHAIRWOMAN FIALA: Commissioner Henning?
COMMISSIONER HILLER: So I'm going to make a motion.
COMMISSIONER HENNING: Ms. Jourdan, the CRA, I'm sure
there's special language in there in how we dispose of land. Can we --
do we have to take it out to bid?
MS. JOURDAN: Actually we can advertise it in accordance
with Florida Statute 163 where you just advertise it in the local
newspaper, just as we did for the sealed bids for the residential
properties.
COMMISSIONER NANCE: Why don't we do that?
COMMISSIONER HENNING: Hang on.
And do we have to accept the highest and best offer?
MS. JOURDAN: No, we do not.
COMMISSIONER HENNING: Okay. So if we want to guide
what goes on this property, why don't we do it now. And we have an
offer -- I mean, you have an appraisal on the property. Why don't you
give it to the county and let our real property take a look at that and
see if it's -- you know, do a comparable on there. And again, I mean, if
you want to guide what goes on this property to look at what happens
around that property, and I would want some more details what you're
going to do to the property, and I think that has to be in the offer.
MR. RICHARDSON: We've got that.
COMMISSIONER HENNING: Okay? But that has to be in the
contract offer of exactly what's going to happen there. Because you're
not going to pay any property taxes. You're a not for profit.
However, you could be the catalyst of what happens around there.
You have the Botanical Garden across the street, you have a large,
large parcel of land across from this parcel that's vacant. It was
housing there. It's all torn down. It could be a catalyst for that piece of
property.
CHAIRWOMAN FIALA: Sounds like a great solution. But I'd
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love to hear Jeff Klatzkow weigh in on that.
Is that legally possible?
MR. KLATZKOW: Yeah, I think we can work with that.
CHAIRWOMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes, I really commend you on
putting your proposal together. And I can support this. The one thing
that I would like to add though is I would like to make sure that
everyone understands if we do sell a piece of property at the appraised
value at present, the implications that it has for the indebtedness of the
CRA as a whole, so everybody understands what happens when we
have a certain amount of indebtedness, that the CRA has a certain
amount of indebtedness to a lending institution in that we sell a piece
of property at the appraised value today, which is probably less than
it's on the books for with the CRA; is that correct?
COMMISSIONER HENNING: I'm sure.
COMMISSIONER NANCE: So, you know, if we decide to do
this, I just want to make sure that we are fully understanding the
implications of divesting ourselves of a piece of property at this point.
With absolutely no prejudice, sir, as to your project. Your
project is certainly admirable. But I think we also have an obligation
to the lending institution to understand fully what that's doing to the
position of the CRA and its indebtedness.
CHAIRWOMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: And indebtedness in terms of
future revenues to pay debt service, because the intent was to sell this
property in order to generate more tax revenue to pay off the debt, not
just liquidate to pay off the debt. So it will be -- you know, there will
be an implication on both sides.
CHAIRWOMAN FIALA: And out of curiosity sake, you'd think
I'd know all this stuff by now. Does that person who owns like that
piece of land in there, I don't remember how much he owes, does he
still own that piece of land?
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March 12, 2013
MR. RICHARDSON: Yes. We're talking about two and a half
acres, the Shadley property.
CHAIRWOMAN FIALA: Yes.
MR. RICHARDSON: I'm well aware of that.
CHAIRWOMAN FIALA: Does he own that lake also in there?
MR. RICHARDSON: Yes.
CHAIRWOMAN FIALA: So in other words, that piece of
property and the lake is still his and your property that you're
interested in wraps around that?
MR. RICHARDSON: Our plans for this property, including the
18 acres of which only nine acres are above water, require us to have
an agreement with Jim Shadley and the Shadley family, which we
have, we have a right of first refusal on that property, as we do on the
CRA property, and we have a good faith offer in hand with the
Shadley family, which we will have to execute to put this whole
package together. So we need not only the CRA cooperation and
through them to the Board, but we also have to raise enough money to
take that hole of the donut to make this work. And we have all the
steps administratively, if you will, in hand and our fundraising is in
that direction.
CHAIRWOMAN FIALA: Thank you for explaining that to me.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, what I'd like to do is I'd like
to amend my motion to reflect what Commissioner Henning said, in
light of the fact that the County Attorney says that we can legally do
that.
And I commend you, Commissioner Henning, for your creative
approach to really moving this forward in a very effective way.
So would you like to restate -- or actually let me just withdraw
my motion completely and just allow you to restate what you have
proposed. Because it does make a lot of good sense.
COMMISSIONER HENNING: Well, to clarify your motion is
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to ask the CAPA -- is that the name?
MR. RICHARDSON: Yes, Commissioner, Cultural Performing
Arts Center.
COMMISSIONER HENNING: To submit their appraised (sic)
to the county CRA staff, and they can get that to real property to
evaluate that appraisal and see if it is at fair market value and bring it
back to the CRA for consideration.
CHAIRWOMAN FIALA: Thank you.
And you got that, the court reporter?
THE COURT REPORTER: Yes, ma'am.
CHAIRWOMAN FIALA: Okay, do I hear a second?
MR. OCHS: Madam Chair?
COMMISSIONER HENNING: I'll second Commissioner
Hiller's motion.
MR. OCHS: Just a point of clarification. We want to make sure
that the Board understands there is an advertising requirement
associated with that action.
MS. JOURDAN: Yeah, I'll work with the County Attorney's
Office, and once we advertise it, then they can make the agreement.
CHAIRWOMAN FIALA: Thank you. Now who made that
actual motion? Commissioner Henning, was it you?
COMMISSIONER HENNING: Yes -- no, it was Commissioner
Hiller, and I seconded it. I just clarified her motion.
CHAIRWOMAN FIALA: Okay. So Commissioner Hiller, you
made the motion, Commissioner Henning seconded it.
Did you have anything else to say, Jean?
MS. JOURDAN: No.
CHAIRWOMAN FIALA: Okay. Yes, sir?
MR. OCHS: I just want to understand, this ultimately will just be
a straight real estate transaction at the end of the day with all of the
due diligence that's required on the part of the CRA and the Board.
CHAIRWOMAN FIALA: Very good.
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March 12, 2013
Any other comments, questions?
(No response.)
CHAIRWOMAN FIALA: Okay, all in favor, signify by saying
aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
MR. RICHARDSON: Thank you very much. We feel like
we've made a step forward.
CHAIRWOMAN FIALA: I think I'm going to close the CRA
meeting right now, unless you would like --
COMMISSIONER COYLE: We're breaking for lunch.
CHAIRWOMAN HILLER: We are now breaking for lunch and
we'll be back at 1 :00 because we have a 1 :00 time certain.
(Lunch recess.)
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you.
Before we get started, we have a time certain item at 1 :00,
Commissioner Coyle would like to change his vote on the record on
the Airport Authority --
COMMIS SIONER NANCE: 14.A.1 .
CHAIRWOMAN HILLER: -- which is -- is it 14.A.1?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: So 14.A.1, the vote will be changed
from what was a 4-1 vote to a 3-2 vote with Commissioner Henning
and Commissioner Coyle dissenting.
MR. OCHS: Very good.
CHAIRWOMAN HILLER: If we could proceed to the time
certain item.
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March 12, 2013
Item #9A
ORDINANCE 2013-23: PUDA-PL20120000111, CREEKSIDE
COMMERCE PARK COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD), AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE 2006-50, THE
CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED
UNIT DEVELOPMENT (CPUD), AS AMENDED, AMENDING
SECTION III, INDUSTRIAL/COMMERCE DISTRICT, TO
INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING
INDEPENDENT LIVING, ASSISTED LIVING, SKILLED
NURSING, CONTINUING CARE RETIREMENT COMMUNITY
AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL
USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR
ADDITIONAL USES, AND REVISING THE DEVELOPMENT
STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR
PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET
ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT; BY
AMENDING SECTION IV, BUSINESS DISTRICT, TO INCLUDE
HOTEL, MOTEL, SENIOR HOUSING INCLUDING
INDEPENDENT LIVING, ASSISTED LIVING, SKILLED
NURSING, CONTINUING CARE RETIREMENT COMMUNITY
AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL
USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE
ADDITIONAL USES, AND REVISING THE DEVELOPMENT
STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR
PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET
ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT FOR THE
CPUD PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 105 ACRES; AND BY PROVIDING AN
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March 12, 2013
EFFECTIVE DATE — ADOPTED W/CHANGES
MR. OCHS: Yes, ma'am. This is a 1 :00 p.m. time certain item,
9.A, on your addenda. This item requires that ex parte disclosure be
provided by Commission members, and all participants are required to
be sworn in.
It's a recommendation to approve PUDA-PL20120000111,
Creekside Commerce Park Commercial Planned Unit Development.
An ordinance of the Board of County Commissioners of Collier
County, Florida, amending Ordinance No. 2006-50, the Creekside
Commerce Park Commercial Planned Unit Development, as amended,
by amending Section 3, Industrial/Commerce District, to include
hotel/motel, senior housing including independent living, assisted
living, skilled nursing, continuing care retirement community, and
intermediate care facilities as additional uses, establishing a floor area
ratio of .6 for the additional uses, and revising the development
standards to increase the maximum height for parcels east of
Goodlette-Frank Road to 75 feet zoned height and 85 feet actual
height by amending Section 4, Business District, to include
hotel/motel, senior housing, including independent living, assisted
living, skilled nursing, continuing care retirement community and
intermediate care facilities as additional uses, establishing a floor area
ratio of .6 for the additional uses and revising the development
standards to increase the maximum height for parcels east of
Goodlette-Frank Road to 75 feet zoned height and 85 feet actual
height for the CPUD property located at Section 27, Township 48
South, Range 25 East, Collier County, Florida, consisting of 105 acres
and by providing an effective date.
Ex parte, Madam Chair.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, I've received
emails on this item and also viewed the Planning Commission's
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meeting and viewed their packet.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, ma'am, I've read the staff
report, I've had meetings, received emails and correspondence and
packages of information.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I have had meetings with Mr. Rich
Yovanovich and Wayne Arnold. I have received correspondence and
emails on this item. And those items are in my ex parte folder, if
anyone wishes to view them.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have also met with Rich
Yovanovich, I've had meetings, correspondence, emails, and
everything that I have is right here to file.
CHAIRWOMAN HILLER: And I have had emails, phone calls,
meetings and have reviewed the staff report and have communicated
with Mark Strain of the Planning Commission with respect to the
Planning Commission.
MR. OCHS: If we're ready to begin the hearing, ma'am, we'll
swear the witnesses.
CHAIRWOMAN HILLER: County Attorney, do we need to
have any of the public speakers sworn in, since they will be testifying
as well?
MR. KLATZKOW: She should swear in everybody that's going
to give testimony.
CHAIRWOMAN HILLER: So anyone who is speaking to this
as a public speaker, as a member of the community, to please also rise.
(Speakers were duly sworn.)
CHAIRWOMAN HILLER: Do we have any public speakers
signed up for this?
MR. MILLER: We have one registered public speaker.
CHAIRWOMAN HILLER: And who is that?
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March 12, 2013
MR. MILLER: Patrick White.
MR. OCHS: The petitioner will begin, Madam Chair.
MR. YOVANOVICH: Good afternoon. For the record, Rich
Yovanovich, on behalf of the petitioner.
With me today, if you have any questions, is Dave Borden with
Barron Collier Companies, the property owner/applicant, and Wayne
Arnold with Grady Minor and Associates is also here to answer any
questions.
I think most of you have reviewed the staff report and the
Planning Commission report and basically the Planning Commission
made some recommendations, 8-0, recommending approval of what
we're requesting.
And as the County Manager mentioned, this is an amendment to
the Creekside PUD where we're trying to add three uses to the east
side of Goodlette-Frank Road. And those three uses are a hotel, senior
housing and an intermediate care facility.
I'm going to give an abbreviated presentation. Since the Planning
Commission meeting we've had a few meetings and several phone
conversations with residents and representatives of Collier's Reserve,
and we've agreed and I believe you received a letter, confirming that
there's an agreement as to some further revisions to the Planning
Commission recommendation that everybody's agreed to. So I'm
going to go over those changes.
I have them. I have copies of the changes to the PUD document
itself that have been reviewed by your County Attorney and your
staff. And if it's appropriate, I'll hand those to the Commissioners.
CHAIRWOMAN HILLER: Please do.
MR. YOVANOVICH: I've given a --
CHAIRWOMAN HILLER: And a copy for the court reporter.
MR. YOVANOVICH: She has a copy. I've given one to the
County Attorney and to your staff already.
CHAIRWOMAN HILLER: While this is being passed out, I just
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March 12, 2013
want to comment. There is no need to remand this modification back
to the Planning Commission, because everything that has been or is
being proposed now falls within the maximum that the Planning
Commission approved at their hearing.
So what's being proposed is actually less than what the Planning
Commission allows, and therefore would not require a review again
by that commission.
MR. YOVANOVICH: Okay. And I'll briefly go over the
revisions to the documents you've previously received.
The Planning Commission had originally recommended a
maximum height of 65 feet zoned height, 75 feet actual height on what
we've been referring to as the eastern B parcel. We've agreed to reduce
that height to 60 feet zoned, 70 feet actual, which is the same height
that was approved for the western B parcel.
We have limitations in the document as to where the hotel can
go. The hotel can go basically on this IC piece, and a small portion of
the B piece, and that's defined as 500 feet from Immokalee Road.
The original request was for up to 240 hotel rooms. We were
asked to go to between 180 and 200, so we agreed to reduce the
maximum number of hotel rooms to 180.
We were also asked to -- from a setback from Goodlette-Frank
Road, we were asked for the hotel to be a minimum setback of 75 feet.
And that applies to any portion of the hotel on the IC piece and the B
piece. So the hotel itself, regardless of height, will be a minimum of
75 feet from Goodlette-Frank Road. And then I'll use the term
wedding cake, if we go above 50 feet, then we wedding cake back
starting at that 75-foot mark.
The Planning Commission had recommended a 50-foot setback,
so we increased it from 50 feet to 75 feet.
COMMISSIONER COYLE: Madam Chair, can I ask a
question?
CHAIRWOMAN HILLER: Yes.
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March 12, 2013
MR. YOVANOVICH: Yes, sir.
COMMISSIONER COYLE: When you're talking about 75 feet
set back from Goodlette Road, you're really talking about 75 feet set
back from the right-of-way for Goodlette Road.
MR. YOVANOVICH: From our property line.
COMMISSIONER COYLE: And the property line is how far
from Goodlette Road?
MR. YOVANOVICH: I don't know that exact location, but we
can -- Wayne can scale that off as I'm going through the --
CHAIRWOMAN HILLER: It's quite a distance, I think.
MR. YOVANOVICH: I don't know exactly, but we can figure
that out.
But from the boundary line of the PUD we would be 75 feet
before we have any structure. And then we can go up to 50 feet and
then we would wedding cake at a two-to-one or one-to-two, however
you want to say it; for each foot up we go two feet back on that
building.
COMMISSIONER COYLE: But from the standpoint of
perspective from someone traveling on Goodlette Road, the
right-of-way distance really must be considered.
MR. YOVANOVICH: Right.
COMMISSIONER COYLE: Right?
MR. YOVANOVICH: Yes.
COMMISSIONER COYLE: And it would be good for us to
know -- all of us to know how far that is.
MR. YOVANOVICH: Okay.
CHAIRWOMAN HILLER: And that's an issue we have brought
up in other hearings. Like when there was a -- I believe it was Sable
Bay was proposing its retirement community off of 41. Similarly in
Commissioner Coyle's district we have Moorings Park which built a
parking garage very, very close to Goodlette where you drive down
and it feels like the building is right on top of you. And I think that's
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the sensitivity that we want to make sure that it's adequately set back
so that that impression is not made.
MR. YOVANOVICH: And keeping in mind today under the
current PUD we could have a 50-foot building at 50 feet set back.
That's why the residents for the very issue you're raising wanted a
75-foot building potential for the hotel to be further back from the
road to address that very concern that you're raising, Commissioner
Coyle.
CHAIRWOMAN HILLER: And what you're proposing here
actually is more restrictive than what the Planning Commission
allowed because your setback is actually at 75, whereas the Planning
Commission would have allowed you to be as close as 50.
MR. YOVANOVICH: Correct.
CHAIRWOMAN HILLER: Would you like to continue while
that is being pulled?
MR. YOVANOVICH: Yes.
And then I believe the final major area of change that we made to
the document is we made it -- a couple things. We made it clear that
the only uses that can go above the 50 feet that's currently allowed in
the PUD are the three new uses, which would be the hotel, the
intermediate care facility and the senior housing.
And we also made it clear that from Goodlette-Frank Road, the
setback for the intermediate care facility or the senior housing would
stay at the 50 feet as long as that building did not exceed a zoned
height of 50 feet. If that building exceeded a zoned height of 50 feet,
it too would go back to the 75-foot minimum setback and we would
have the same wedding cake that you have for the hotel.
So those two other uses, the two new uses, can stay at the
currently approved 50-foot height, width of 50-foot setback. But if
they ever exceeded the 50-feet zoned height, it would meet the same
setback requirements as the hotel.
And then I think the final thing is is recognizing that bald cypress
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has become an unpopular native tree. We were asked yesterday to
include in the PUD a prohibition on using bald cypress in our
landscape buffers along Goodlette-Frank Road and Immokalee Road.
And we've included that provision in Section 3 and Section 4 of the
ordinance that is before you today.
I think I've hit all of the major revisions that are in the PUD
document from what you've previously seen. I'm sure Patrick, if I've
missed anything, you'll let me know.
I apparently -- apparently what I handed you did not include Page
4.6 in the packet. And that's where I added the language regarding the
bald cypress in the Section 4 which is the business district. And
there's a similar provision in Section 3, which is the industrial district.
And that's where you'll see the landscape buffer restrictions. That's
the language I just mentioned.
CHAIRWOMAN HILLER: It's hard to believe that anyone
would believe a tree that's labeled bald could possibly provide a
canopy. But it's just a --
COMMISSIONER NANCE: I resemble that mark.
COMMISSIONER FIALA: People of Collier --
MR. YOVANOVICH: Anyway, we were asked yesterday to add
that, and we did.
I think that summarizes all of the revisions that we've made since
the Planning Commission recommended unanimously to approve the
PUD at higher heights and closer setbacks.
And again, your staff has had an opportunity to review the
revisions from the time that you've seen your document and what you
have in front of you, and I believe everybody's comfortable, including
Mr. White, that we've incorporated into the PUD everything that was
agreed to, as referenced in their letter.
CHAIRWOMAN HILLER: And if I just may, you have, as I
understand, and I look forward to hearing -- Mr. White, could you
please come to the podium? I'd like to hear confirmation on the
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record that this does represent what you have all agreed to.
The only thing I will add, it's also my understanding that the --
and this is separate and apart from what we're addressing, but as I
understand it was a condition of the acceptance of what is being
presented today and that is the tire store is acceptable now to the
constituency, provided that the preserve and the pond adjacent to that
tire store is preserved. Which I believe it has to be anyway as part of
the drainage system.
MR. WHITE: Correct. Patrick White for the record,
representing the Collier's Reserve Association.
And indeed, the letter from the president of the association
indicates that the association has resigned itself to the Board's ruling
from last year. And indeed we've confirmed that there's a
conservation easement and other stormwater management permit
restrictions on that preserve and lake that's part of the stormwater
management system. And absent some future redevelopment, it will
remain in that state.
CHAIRWOMAN HILLER: I'd like to make a motion to
approve.
MR. WHITE: May I just add --
CHAIRWOMAN HILLER: Sure.
MR. WHITE: -- a couple of things to the record, if I may?
CHAIRWOMAN HILLER: Of course. I just want to make sure
that --
MR. WHITE: Not to cause --
CHAIRWOMAN HILLER: No, no, no. No, no, not at all. Go
ahead.
MR. WHITE: I don't want him to hit me.
CHAIRWOMAN HILLER: I thought you were done.
Did he hit you?
MR. WHITE: He hit me.
CHAIRWOMAN HILLER: He did. Okay, it's on the record.
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MR. YOVANOVICH: That I did not hit him, right? That's
what's on the record.
CHAIRWOMAN HILLER: Listen, you guys can debate
whether he did or didn't receive a blow from you and we can have
another hearing on it.
MR. WHITE: As to the issue that Commissioner Coyle raised, it
was one that we did discuss. And my understanding, having heard
this from the staff, is that the right-of-way, the cross-section of
Goodlette-Frank, is not going to be required to be expanded. There
won't be any taking or condemnation action in the future based on
anything that's anticipated in terms of building additional roads for
capacity for concurrency purposes. And therefore there's no provision
that you may have otherwise seen regarding compensating
right-of-ways. I just wanted to clarify that for the Commissioners'
sake.
We also have the bald cypress provision in 2.19 where the
buffering requirements are stated.
And I just want to make it absolutely clear to the Board that
although in the B subdistrict there is the potential for quote, unquote
hotel/motel use, that potential does not apply to the actual rooms or
lodging facilities for the hotel. So we have a kind of more ancillary or
accessory aspect to the hotel that's in the B.
And all of that use is 500 feet or more southward from the
southern right-of-way of Immokalee Road.
CHAIRWOMAN HILLER: Great. If there's --
MR. OCHS: Madam Chair? Before you vote, if we could just
briefly get any staff comments on the record.
CHAIRWOMAN HILLER: Sure. Absolutely.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: Any staff comments?
MR. WHITE: No questions?
(No response.)
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March 12, 2013
MR. WHITE: Thank you, Commissioners.
MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy
Gundlach, I am Principal Planner for the Department of Planning and
Zoning.
And staff has accepted the changes to the PUD document, and we
are recommending approval, as this is consistent with the Land
Development Code and the Growth Management Plan.
And if you have any questions, it would be our pleasure to
answer them.
CHAIRWOMAN HILLER: Thank you.
Does the Board have any questions of staff?
(No response.)
CHAIRWOMAN HILLER: Okay, there being no questions of
staff, please have a seat.
MR. YOVANOVICH: I can give Mr. Coyle his answer
regarding the -- by the turn lanes as you can see on the visualizer
there's about 11 feet before you get to the actual property line between
the travel lanes and there. And then as you go further south it's about
25 feet from the travel lanes before you get to the actual property line.
So it actually appears further away.
COMMISSIONER COYLE: You're talking about roughly 100
foot setback then from the --
MR. YOVANOVICH: Yes.
COMMISSIONER COYLE: -- edge of the roadway.
MR. YOVANOVICH: From the edge of the roadway, yes, sir.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: I do have three commissioners who
would like to speak. But again, I'm going to try to make a motion to
approve.
COMMISSIONER FIALA: I'll second the motion.
CHAIRWOMAN HILLER: I've made the motion and
Commissioner Fiala has second approval of what's being presented
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here today as an amendment to the PUD. Which does, by the way,
differ from what the County Manager read into the record as the
introduction.
MR. OCHS: Yes, ma'am, thank you.
CHAIRWOMAN HILLER: For clarification.
Now, let's proceed with questions.
Commissioner Henning?
COMMISSIONER HENNING: Rich, do you have 4.6 of the
amended ordinance? Do we have a copy of that? Because I think all
this needs to be introduced into the record.
MR. YOVANOVICH: Heidi has the complete set, so -- that's the
piece I put on the visualizer. So I'll make sure that --
MS. ASHTON-CICKO: For the record, Heidi Ashton-Cicko,
Assistant County Attorney.
I've already given a copy of the Page 4.6 to the court reporter,
and that was what was on your visualizer.
COMMISSIONER HENNING: Okay. Along with the rest of
the revisions, has that gone with the court reporter also?
MS. ASHTON-CICKO: Yes, sir.
COMMISSIONER HENNING: And I think it's worthy of in the
motion to include that we accept the documents of the amended
ordinance into our proceedings.
CHAIRWOMAN HILLER: I will amend my motion
accordingly. Thank you.
COMMISSIONER FIALA: And my second.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I think we ought -- our staff
ought to be meeting sometime with the Collier's Reserve people.
Maybe they could help us design landscaping in shopping centers,
because they have some real good ideas. So we don't get into the
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same mess that we've had before. And before any new shopping
centers go in. I think you guys are wonderful.
CHAIRWOMAN HILLER: Absolutely. I agree. I concur.
Commissioner Coyle?
COMMISSIONER COYLE: No, I've already had my answer.
CHAIRWOMAN HILLER: Thank you.
Do we have any additional speakers?
MR. MILLER: No, ma'am.
CHAIRWOMAN HILLER: There being no further discussion
and no additional public speakers, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. YOVANOVICH: Thank you.
CHAIRWOMAN HILLER: I just want to comment on what a
great job all the parties have done, the Collier's Reserve community,
the Creekside community and staff, for working together to resolve all
the differences and coming to a consensus position where everybody
is just a little bit unhappy but for the most part happy. So
congratulations, you did great collectively. And very peaceably too, if
I may add. Notwithstanding that Rich beat you over the head to get
where he is, but --
MR. WHITE: Madam Chair, I appreciate your comments. And
just very briefly, we're very fortunate in this county to have a process
that's intended to early on engage the local communities. And I think
it's helpful. Sometimes we run pretty close to the mark in terms of
hitting the end line, but sometimes that's what it takes to get it done.
Thank you.
CHAIRWOMAN HILLER: Thank you.
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Item #10G
STAFF TO DEVELOP A BUDGET AND IMPLEMENTATION
PROGRAM TO INSTALL EMERGENCY VEHICLE PRE-
EMPTION DEVICES WITH WHITE CONFIRMATION
BEACONS AT SIGNALIZED INTERSECTIONS AS MAY BE
REQUIRED AS EXPEDITIOUSLY AS POSSIBLE. THE
EMERGENCY VEHICLE PRE-EMPTION SYSTEM WITH
WHITE CONFIRMATION BEACONS IS ESSENTIAL TO
SHORTEN THE RESPONSE TIMES OF EMERGENCY SERVICE
VEHICLES AS SUCH A SYSTEM ALLOWS THESE VEHICLES
TO CHANGE A RED SIGNAL TO A GREEN SIGNAL IN
ADVANCE OF INTERSECTION CROSSINGS WHILE
SIMULTANEOUSLY ANNOUNCING THE IMMINENT
APPROACH OF AN EMERGENCY SERVICE VEHICLE
THROUGH THE USE OF WHITE CONFIRMATION BEACONS -
THUS ENSURING A CLEARED ROADWAY AHEAD OF THE
EMERGENCY VEHICLE'S ARRIVAL. THE INSTALLATION
OF THE PRE-EMPTION SYSTEM SHOULD BE PRIORITIZED
BASED ON THE MOST FREQUENTLY USED INTERSECTIONS
BY EMS AND FIRE SERVICES. ACCORDINGLY, STAFF
SHALL SEEK INPUT FROM THESE AGENCIES TO
DETERMINE INSTALLATION PRIORITIES. STAFF SHALL
PRESENT A PROPOSED BUDGET AND INSTALLATION
SCHEDULE FOR AN EMERGENCY PRE-EMPTION SIGNAL
SYSTEM BY THE FIRST MEETING IN APRIL, 2013.
PROVIDING A SAFE GREEN TO APPROACHING
EMERGENCY SERVICE VEHICLES MAY SAVE MINUTES.
SAVED MINUTES, SAVE LIVES - MOTION TO BRING BACK
FOR FURTHER DISCUSSION — APPROVED
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March 12, 2013
MR. OCHS: Madam Chair, that takes you back to 10.G on your
agenda under Board of County Commissioners. It's a
recommendation that the Board direct staff to development a budget
and implementation program to install the emergency vehicle
preemption devices with white confirmation beacons at our signalized
intersections as may be required as expeditiously as possible.
There's more to this item, ma'am, but you brought it forward so
I'll let you take it from there.
CHAIRWOMAN HILLER: Thank you. Thank you very much.
I was at a speaking engagement where we were talking about red
light cameras, and as a consequence a constituent who is from
Minnesota told me that they had a lighting -- a signal system that
essentially would allow emergency service vehicles, like ambulances
or fire trucks, to change a red signal to a green well in advance of their
approach to that intersection.
What the system also provided was for a white light that would
go on when that would happen. So all the traffic at that intersection
would be able to move aside well ahead again of the oncoming
emergency service vehicle.
And as you all know, lives are saved by seconds and by minutes
in that business.
And so I found out at a presentation by staff very recently at a
workshop that we had a few of these white lights and a few of these
conversion lights in place, but quite frankly, very few. And so it
became very clear to me that what we wanted to do as a county in
promoting the highest level of care and protection for the public is to
do everything possible to expedite response in transport. And so I have
recommended that we direct county staff to research how much it
would cost us to get all our signals equipped in this manner, and to
prioritize the installation based on those intersections that are most
frequently used by our first responders.
And so with that, I'd like to make a motion that we direct staff to
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March 12, 2013
do that research and bring a proposal back to the Board for future
consideration. And as I concluded in my executive summary,
providing a safe green to approaching emergency service vehicles
may save minutes, and saved minutes mean saved lives.
COMMISSIONER FIALA: That's an excellent motion and I will
second it.
CHAIRWOMAN HILLER: Thank you.
Is there any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously. Thank
you. Thank you for your --
COMMISSIONER NANCE: Madam Chair, I'd like to make one
comment.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: And I'm going to step up a little bit
for the County Manager here.
The only concern I have at all with the recommendation, there's a
number of recommendations, is I believe we have to be sensitive to
the response times that the Commission is asking of the County
Manager. I can testify that over the last several meetings we've had a
number of things where we've specified exactly when the County
Manager was going to respond and have this information available,
and I'd like to give the county staff-- I'm very much concerned that
we do it right and not necessarily, you know, hitting a deadline.
So I'd like at some point for the County Manager to come back
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March 12, 2013
and just kind of inform the Board where they are with the many, many
requests that we've made so that we can give them the latitude to do a
good job that I think we all expect.
CHAIRWOMAN HILLER: Yeah. And one of the things I think
is a really good idea -- first of all I think a lot of the research with
respect to this has already been done because they have been
systematically in the process of trying to implement this system. We
basically want to get the budget to consider this now obviously
because lives are at stake by not having this.
What I think would be a really great idea, Leo, is that why don't
you calendar for the benefit of the Board when we make
recommendations -- and everything that we ask you to do obviously
has to have a time table, otherwise, you know, things can fall through
the cracks. But if you calendar for us what we direct you to do at a
particular board meeting when we recommend that you bring it back
at a certain meeting, we can, when we make future recommendations,
plan our deadline recommendations accordingly and then you're not --
you and your staff are not overburdened one way or another.
So I think that's an excellent thing to do. And just, you know,
you could post it on our calendar --
MR. OCHS: Sure.
CHAIRWOMAN HILLER: -- on our Board calendar internally
so we know what you're facing on what date.
MR. OCHS: Thank you, Commissioner, and thank you
Commissioner Nance, I appreciate that.
CHAIRWOMAN HILLER: I thought your staff all wanted the
overtime, but I guess --
MR. OCHS: What overtime?
CHAIRWOMAN HILLER: -- I was wrong. What overtime,
right? No such thing in county government.
MR. OCHS: No, we're working hard to meet those deadlines,
and if it appears that we need some more time, I won't be shy about
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coming back. Because as Commissioner Nance says, we want to not
only do it quickly but more importantly we want to do it correctly.
COMMISSIONER NANCE: When I see Mr. Sheffield walking
around with a carbide light on his hat, I know it's getting late in the
day. Thank you, sir.
CHAIRWOMAN HILLER: I've never seen him do that. What
are you talking about?
No, that's great. So if you make sure you post that for us, that
we're aware of, you know, where you are in our requests, that's
positive.
MR. OCHS: Will do, thank you.
CHAIRWOMAN HILLER: Thank you.
Item #10H
STAFF TO PREPARE SOLICITATIONS FOR THE POST OF
COUNTY MEDICAL DIRECTOR AND DEPUTY COUNTY
MEDICAL DIRECTOR; THAT POSITIONS FOR COUNTY
MEDICAL DIRECTOR AND DEPUTY COUNTY MEDICAL
DIRECTOR BE POSTED TO ACCEPT APPLICATIONS BY
APRIL 1, 2013; FURTHER, THAT STAFF BRING BACK THE
SLATE OF ALL APPLICATIONS RECEIVED FOR BOARD
REVIEW AND CONSIDERATION BY THE FIRST BOARD
MEETING IN MAY, 2013. THE SOLICITATION FOR THE
POSITION OF COUNTY MEDICAL DIRECTOR SHALL
PROVIDE THAT THE APPLICANT SHALL NOT BE
AFFILIATED DIRECTLY, NOR INDIRECTLY WITH ANY
LOCAL HOSPITAL, OR, IN THE ALTERNATIVE, MUST BE
AFFILIATED WITH ALL LOCAL HOSPITALS (PER AGENDA
CHANGE SHEET). THE COUNTY MEDICAL DIRECTOR
APPROVES THE COUNTY'S EMERGENCY SERVICE
PROTOCOLS AND AS SUCH ALL CONFLICTS OF INTEREST
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March 12, 2013
IN APPEARANCE AND IN FACT MUST BE AVOIDED FOR
ETHICAL AND LEGAL REASONS - MOTION FOR STAFF TO
PREPARE RFP FOR BOTH POSITIONS, ELIMINATING THE
AFFILIATION REQUIREMENT AT THIS TIME AND TO BE
BRING BACK AT THE SECOND MEETING IN MAY —
APPROVED
MR. OCHS: That takes us to Item 10.H on your agenda,
Commissioners. It is a recommendation that the Board direct staff to
prepare solicitations for the post of County Medical Director and the
Deputy County Medical Director; that the positions of the County
Medical Director and the Deputy County Medical Director be posted
to accept applications by April 1, 2013. Further, that staff bring back
the slate of all applications received for the Board's review and
consideration by the first Board meeting in May, 2013.
The solicitation for the position of County Medical Director shall
provide that the applicant shall not be affiliated directly nor indirectly
with any local hospital.
And also as a result of this morning's change sheet,
Commissioners, that portion of the recommendation will be modified
to add that in the alternative that the Director must be affiliated with
all local hospitals.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: That's Commissioner Hiller's item, Commissioners.
CHAIRWOMAN HILLER: Yeah. And I believe we have how
many public speakers?
MR. MILLER: Two.
CHAIRWOMAN HILLER: Two. Who are the two public
speakers?
MR. MILLER: The public speakers are Janet Vasey and Michael
Pettit.
CHAIRWOMAN HILLER: Okay, thank you.
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And Michael Pettit is the attorney who represents --
MR. MILLER: Says on the sheet Dr. Tober, Incorporated.
CHAIRWOMAN HILLER: Right, that's my understanding.
Is Janet here on behalf of the public services -- Janet, are you
here? Are you here on your own or representing the advisory board?
MS. VASEY: I'm here on my own.
CHAIRWOMAN HILLER: Okay, just for the record, Mrs.
Vasey is here on her own, not representing the advisory board.
The reason I brought this forward is Dr. Tober has provided
tremendous service to the community over the years. He has been in
the Office of the Medical Director as the county's Medical Director
under contract directly to the Board for about 34 years. And we have
not put this position out to bid in an obviously very, very long time.
As a consequence, in the interest of the public, it's important for
us to be aware of who's out there that might be able to serve our
current needs. And maybe at the end of the day it turns out that Dr.
Tober ends up being the right person again. But we will not know that
unless we go into the community and solicit for the post of the County
Medical Director, as well as the post of the Deputy County Medical
Director.
Right now the position of the Deputy Director falls under Dr.
Tober's contract. Basically he has assigned someone who works for
him as the deputy.
And there is a problem with that. Because now we have both
those positions wrapped up in one entity. And if that entity and the
Board decide to part company, we're left with nobody.
By having the Medical Director and the Deputy Director as two
separate contract employees, if one or the other chooses to leave for
whatever reason, the county is not left without continuity. And that's
extremely important.
The second issue is with respect to conflicts of interest. The
Medical Director, unlike the Deputy Director, actually sets protocol
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with respect to how the emergency services in the county are to be
provided. And to that end, it's important that the Medical Director be
independent both in appearance and in fact, which is why I suggest
that the solicitation provide that the Medical Director either not be
affiliated with any of the county hospitals or be affiliated with all of
them. We currently have two hospitals, Physicians Regional and
NCH, and so there are doctors who do have privileges at both
institutions, and that works. Again, all with the intent of there not
being any conflict of interest with respect to protocol
decision-making.
And just so you understand what that means, for example, a
protocol could be set that would shift for example emergency
transport to one hospital over another for a particular type of medical
condition which could result in one hospital getting for example more
stroke business than another hospital or, you know, one hospital
getting all the heart attacks versus another hospital not getting them, or
more so than another hospital.
And obviously what matters is patient care. It shouldn't be about
which hospital gets more business but rather all about patient care and
getting the patient to the best facility to provide the medical treatment
that that patient needs to receive as quickly as possible.
So what I have recommended is that we -- and by the way, the
Deputy Medical Director does not have a conflict issue because he
does not set protocol.
So what I've recommended is that we request the county's
purchasing department to put out an RFP to solicit for the post of the
Medical Director and the Deputy Medical Director.
Since I had put this item on the agenda, I have gotten some
feedback from the community asking what my position was with
respect to the involvement of the Public Safety Advisory Board that
we have recently established. And my recommendation with respect
to that is that they should be involved. And this is how they should be
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involved: Once the solicitation is put forth and we start receiving
resumes, those resumes should go in front of the advisory board and
advisory board should review all candidates and interview all the
candidates that wish to be considered. And then the advisory board
ought to rank the top 10 candidates for these respective positions and
then push all the applications, without exception, forward to the Board
so the Board can review the candidates as a whole and can, you know,
fairly consider whatever the advisory board's recommendation is and
then make hopefully the best selection at the end of the day in the
interest of the community.
And so with that, I'm going to ask -- it looks like we have one
member of the Board who would like to speak. I'm going to ask that
the -- that we turn it over to the public speakers and let Mr. Pettit and
Mrs. Vasey speak. But first I'm going to allow Commissioner Coyle
to speak.
COMMISSIONER COYLE: No, I'll wait 'til after the speakers.
CHAIRWOMAN HILLER: Okay.
MR. MILLER: Madam Chair, your first public speaker is Janet
Vasey, and she'll be followed by Michael Pettit.
CHAIRWOMAN HILLER: Michael, why don't you come up to
the opposite podium. That way you can start speaking as soon as Mrs.
Vasey is done.
MS. VASEY: Could I use the visualizer?
MR. OCHS: Yes, ma'am.
Hello. Good morning, Commissioners -- afternoon, I guess.
CHAIRWOMAN HILLER: Welcome back, and welcome back
from all your travels.
MS. VASEY: Thank you, thank you.
CHAIRWOMAN HILLER: I understand you're headed out
again soon.
MS. VASEY: Tomorrow morning at 6:00.
CHAIRWOMAN HILLER: Well, you just made it by the skin of
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your teeth.
MS. VASEY: Well, I'm here today -- for the record, I'm Janet
Vasey, I'm the Vice Chair of the Public Safety Authority.
And while I'm not speaking for the Authority, they have not had
an opportunity to review this, I have made observations during my
time on the committee, and I'd like to offer those to you.
First I would like to say that I applaud you, Chairman Hiller and
Commissioners, for your foresight in creating the Public Safety
Authority, because it's designed to address some of these issues you're
talking about right now. It's particularly well suited to evaluate
protocol changes, and in fact we're doing that right now.
Let me just draw your attention to the -- to your ordinance. And
the ordinance here, basically the ordinance says that the PSA will
evaluate issues -- let me see it too affecting pre-hospital emergency
medical services within all of Collier County.
And that committee is made up of amazing people. You've got
doctors, you've got hospital administrators. In fact from the two
hospitals you have one ER doc from each one, you have one hospital
administrator from each one, you have two other doctors that hold the
COPCNs in Collier County. You have the Sheriffs Office, you have
several paramedics, EMT's. You have a wide variety of people.
Sheriffs Office, police departments. This is a committee that is very
much able to deal with these issues.
Right now I wanted to tell you about something we're looking at
and that is a protocol change for EMS on how to handle stroke
victims. And basically Physicians Regional came in and showed us
that they are now a comprehensive center for stroke victims. So they
have more capabilities than NCH does. So they wanted to have a new
procedure on how the paramedics and EMS would transport the
patients. And they had a new procedure called LAMS. The L-A --
CHAIRWOMAN HILLER: L-A-M-S.
MS. VASEY: Yeah, it's the L-A-M-S. It's the LA Motor Skills
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Test. And depending on how that test is ranked, the idea would be if
you're a more severe patient, a stroke victim, you would be taken to
Physicians Regional. Otherwise you would be taken to the closest
hospital.
That came before the Public Safety Authority. It went into the
Medical Director's committee which has, you know, four doctors,
couple of paramedics, couple of EMT's.
There was a meeting between that committee and NCH and
Physicians Regional, but it's in process now of being looked at. And
my point in telling you about this is that the Medical Director, Dr.
Tober, does not make the final decision on this. This is going through
the review of the medical directors, it's going -- committee. It's going
to go then to the full public safety authority for whatever
recommendation comes out of the Medical Director's sub-committee,
and then it will come to you. Something as big as changing protocols
will come to you for a decision.
And your ordinance clearly covers all these issues, you've got all
the right people in place, and it's not -- you don't have the conflict of
interest and the legal issues because you have multiple people,
including both hospitals fully represented in looking at these issues.
So they will be making their cases, as well as anyone else who would
like to.
So I feel like as a person, not as a committee, and you might want
to check with what the PSA thinks, but I think that this is a very
comprehensive program that will eliminate any problems of conflict of
interest and legal issues because those changes, those major changes
between hospitals, are not going to happen alone.
CHAIRWOMAN HILLER: Thank you.
Just for the record, County Attorney, the advisory -- the PSA is
strictly an advisory board, correct?
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: Thank you.
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And what that means is that as an advisory board nothing that the
PSA provides is binding on the Medical Director or the Board. So
while it's very important input, it will not guard against what you're
suggesting it will. But thank you.
MS. VASEY: But it would come to you. After it comes to the
PSA and is voted on, something like this change would come to you
and you would have an opportunity to say yes or no.
CHAIRWOMAN HILLER: Understood. But again we're in a
position where we have to have whoever represents to us free of
conflict, both in appearance and in fact in the PSA.
While it will help to maybe highlight something like that, doesn't
guarantee that it will prevent it. But thanks.
MR. MILLER: Your next public speaker is Michael Pettit.
MR. PETTIT: Good afternoon, Commissioners. Michael Pettit
here for Dr. Tober, Inc. and Dr. Tober.
Ms. Vasey said much of what I was going to say. She said it
better than I probably can.
But I think that we shouldn't lose sight of the fact of how
transparent the PSA process is.
Commissioner Hiller, in fact you're welcome or any member of
the public is welcome to come tomorrow when this is voted on and
reviewed and discussed among doctors from multiple hospitals in the
community.
CHAIRWOMAN HILLER: You know, I want to make sure that
Mr. Pettit gets additional time for anything I say, but I do want to
respond, if I may, to what you just said.
I'm very well aware of how important the PSA is. In fact, the
structure that was ultimately adopted by the PSA in terms of its
representation from the various medical constituencies and emergency
service providers came about as a consequence of a committee that I
actually led that involved all the players other than the county. And
we proposed it at a workshop that was then finally adopted by the
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Board. So the structure is very familiar to me and the importance of
the transparency of the structure is something that I have long
supported. So thank you for commenting on that. And I do endorse
your position on that committee.
MR. PETTIT: It's certainly our position that that Sunshine effect
from the PSA would alleviate any purported concern about conflicts
of interest.
And I think the only other thing I have to say, and I wrote to
search of you individually last week asking that this matter be put over
for a couple of meetings so that we could have further investigation
and full public comment on the criteria you had proposed. Now, those
criteria changed this morning. But they still appear to have the
potential to screen out highly qualified applicants.
And so we would again request that this item be continued and
that we give additional opportunity to talk about the criteria. And I do
want to make it clear that we're not here -- I'm not here on behalf of
Dr. Tober to object to a competitive process, but we want to be sure
it's genuinely competitive.
CHAIRWOMAN HILLER: I appreciate it, thank you.
Any other public speakers?
MR. MILLER: No, ma'am.
CHAIRWOMAN HILLER: In that case, I'd like to turn to the
Commissioners, but first I would like to make a motion that we
recommend that the Board move forward and ask that staff prepare a
solicitation for the post of the County Medical Director and the
Deputy County Medical Director, as has been presented in the
executive summary so as not to have a conflict. And then to accept
applications to the PSA and let the PSA rank those applications with
emphasis on the top 10 and then forward all applications back to the
Board by the first meeting in May. Is that the -- did we say -- yeah, by
the first meeting in May. And actually, let's make that the second
meeting, the second Board meeting in May, to give us more time so
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PSA has the opportunity to review --
MR. OCHS: Thank you, ma'am.
CHAIRWOMAN HILLER: -- with adequate time.
MR. OCHS: We have a -- I'm sorry for the interruption, but this
-- back to Commissioner Nance's point, this is one of those where we
have a 21-day advertising requirement. Once we put the solicitation
on the street we still have to develop the specifications.
CHAIRWOMAN HILLER: Of course. So how much time
would you like? Let me put it to you that way. You tell me.
MR. OCHS: Well, I would appreciate the second meeting of
May --
CHAIRWOMAN HILLER: Sure.
MR. OCHS: -- at the earliest, if that's --
CHAIRWOMAN HILLER: Let's do that then. Let's make the
second meeting in May to be brought back before the Board of County
Commissioners.
MR. OCHS: Thank you.
COMMISSIONER FIALA: Commissioner, I will second your
motion, but there were a couple things that I had concerns with, but I'll
ask --
CHAIRWOMAN HILLER: Sure.
COMMISSIONER FIALA: -- when my turn comes up. I think
Commissioner Coyle --
CHAIRWOMAN HILLER: Would you like to speak now?
COMMISSIONER FIALA: I think he was first.
CHAIRWOMAN HILLER: Okay, Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I think that the most
important thing we can do is get the best qualified person for Medical
Director that we possibly can find. And we're certainly not going to
find the best qualified person by ignoring all those who are affiliated
with hospitals in the county.
I am greatly concerned that this appears to be an attempt to steer
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the selection of Medical Director to a single person or perhaps
organization. We are screening out all qualified people who have
affiliations with hospitals in Collier County.
CHAIRWOMAN HILLER: No, that's not correct.
COMMISSIONER COYLE: Or they must be affiliated with all
local hospitals.
CHAIRWOMAN HILLER: That's correct.
COMMISSIONER COYLE: And those are very, very difficult
requirements. That means you're going to lose a lot of very qualified
people. And where would I like for their experience to be? In Collier
County, not somewhere else, in Tennessee or New York.
And to emphasize more directly my concern, Commissioner
Hiller, would you be willing to revise this requirement so that the
applicants would not be affiliated directly nor indirectly with any fire
district? Okay?
CHAIRWOMAN HILLER: Sure.
COMMISSIONER COYLE: Because I am concerned that the
way it is currently set up, that we'll screen out all those who are not
affiliated with all the local hospitals and we're going to be left with
one person perhaps to choose from. And when you cut the pool to that
level, we're not getting the most qualified Medical Director to do the
job.
I think there is no problem here. I think this is a process of
manipulation which is not necessary. We do not have a conflict of
interest. If we have a conflict of interest, we have the mechanism in
the ordinances and the organization to deal with it.
So I think that we're trying to address an imagined issue here
with an extremely restrictive qualification that will deprive us of the
best possible candidates for a County Medical Director.
CHAIRWOMAN HILLER: Let me address what you said with
respect to eliminating candidates affiliated with the fire departments.
First of all, that actually is irrelevant to the discussion for the
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following reasons: Number one, the fire departments are not providing
transport. Number two, we do not steer business to the fire
departments for medical care. The protocols will affect the hospital's
bottom line if a protocol is adopted that shifts business by virtue of a
protocol to one hospital over another rather than a protocol that
addresses what's in the best interest of the patient.
And, you know, I'm looking at an email here that Dr. Tober
wrote where he talked about essentially -- and I'll introduce in the
record -- where essentially adopting the LAM score would divert
about 40 percent of the patients currently going to NCH et cetera, et
cetera.
I mean, the fact that that even is included in an email in a
consideration is unbelievable. It's not about whether 40 percent of
some hospital's business is being diverted as a consequence of a
protocol. The protocol shouldn't even be considering whether it
diverts business from one hospital over another. It should absolutely
be considering what is in the best interest of the patient and that is all
that this is about.
So I appreciate your comment, but it doesn't hold water.
COMMISSIONER COYLE: Well, I --
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER COYLE: I haven't finished yet.
CHAIRWOMAN HILLER: Okay, sorry, Commissioner.
COMMISSIONER COYLE: What you've said is not correct.
There are fire districts who are aggressively pursuing transport
responsibilities and will do so even more aggressively in the future.
And there's just as much of an opportunity for conflict of interest for a
Medical Director at a fire district to influence things that benefit the
fire district as there is for a Medical Director who is affiliated with one
of the hospitals.
It is a serious issue and I would hope that the public would look
very, very closely at this manipulation of the selection of our Medical
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Director for Collier County.
CHAIRWOMAN HILLER: And really, the manipulation is
coming from your side because I will say, number one, there is no fire
department that has transport; none that has come before us requesting
transport. So, you know, doing something in anticipation of what
might be is not appropriate.
What I will say is that if there was a Medical Director affiliated
with any fire district and they did receive transport, I would find that
to be a conflict. And I would take exception to that, if that were the
reality. And if that were the case, I would certainly ask that Medical
Director to quit the district or resign as Medical Director.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I agree that we need the very
best possible person. Sometimes a doctor maybe doesn't have the
ability to run a whole department of ambulances. I don't know that.
So you're absolutely right, we want the very best outcome for the
patient and that's what's most important.
What I've been thinking about, though, is the wording of this.
Now, I only worked for the hospital in a different capacity, in a -- I
worked there for 13 years and I was in the capacity of a community
outreach person. But from what I saw, every doctor had some sort of
an affiliation with different hospitals. They had a patient that got sick,
even if they didn't work in a hospital they had to get them over there.
Same with -- some doctors had -- didn't want to work with two
hospitals because then they were on call. You know, they'd have to
work emergency and so forth, so they would only want to work with
one and not the other. So it would be difficult for them to work for
two hospitals. I don't know what we can do to adjust that. Those are
questions that I have.
But we want to make this totally fair. We want to make this
selection in a totally fair way so that you and me and you get the very
best medical care on our way to being transported to the hospital. And
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if the doctor only works for one hospital and only works there
part-time but he's the very best selection that we could come up with,
great. I'm not so much worried about the affiliation as to making sure
that we choose somebody who can run that department. Thank you.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Well, I think the item on the
agenda is very noble. We've had a long-term contract with Dr. Tober,
and I can see where it would be a benefit to have a Medical Director
affiliated with both the hospitals. So I think the item is an appropriate
item.
However, I have all the confidence in Dr. Tober. The only thing
I see wrong with Dr. Tober is he's just not political and he says it like
it is, you know, and we see it in the paper all the time. And I cringe,
but that's Dr. Tober.
And one thing that I believe that we must do is provide the health
and safety of our residents. And I feel confident that Dr. Tober is the
right person. And I don't think it was any kind of an agenda, Madam
Chair, I just can't support it. Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I'm going to try to craft a
middle ground here because I have a couple of expanded concerns that
may not be directly applicable to this recommendation, but I think are
going to come up in the end.
And that is, you know, we've got a Medical Director here that's
served us very capably for a very, very long period of time. And I
don't think any remarks that anybody makes here should be a critique
of that gentleman. He's proven himself, he's been awarded. I've heard
nobody say anything but absolutely the greatest compliments to Dr.
Tober.
I think that not only is it appropriate, however, to look at who we
have available but I think we also have to look at how we consider our
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Medical Director as a whole. I think it may well be appropriate to
update how we see our Medical Director, what we expect our Medical
Director to do, what relationships we indeed expect him to have as
well as not have. Because although we have listed hospitals in this
recommendation, I think that we are acquiring in our area other areas
of specialty care; for example, Bascom Palmer, that we may well have
an emergency where we need to actually take that person there rather
than to a hospital or to another center of care.
So I would prefer, Madam Chair, in your recommendation, I
think we should withhold how we evaluate the affiliations with the
hospitals, but we should delineate in our requests for applicants to tell
which ones they do have or would be interested in having and address
those in that way. That way I think we are open to as many applicants
as possible. I would hate to screen somebody out because of a
restriction that we put in our request.
So I would be in full support if you could expand that to include
as many people as possible. And I certainly hope that Dr. Tober will
be among those. And, you know, I could support it in that way.
I want it to be inclusive rather than to exclude somebody at this
point. If the Public Safety Authority feels there's an issue that will
give them a chance to weigh in on it, and of course this Board will
ultimately make the final selection. So I don't think we should screen
them in the application, I think we should screen them in our final
determination.
CHAIRWOMAN HILLER: I don't have a problem with that. I
think that's a very fair proposal. And screening them at the end as
opposed to in the beginning works.
COMMISSIONER NANCE: But we should ask for a declaration
with all their --
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: -- you know, with all their
affiliations, and not only just hospitals, but other centers of excellence
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CHAIRWOMAN HILLER: And just if I may, in terms of the
role of the Medical Director, that's statutorily defined. So we're not
going to redefine or expand or anything like that. I mean, we're going
to follow the law. Because that role is clearly defined for us.
COMMISSIONER NANCE: And narrowly defined. We don't
want to define it any other way? Are we sure?
CHAIRWOMAN HILLER: County Attorney, can we change
the role of the Medical Director as it's statutorily defined in terms of
what we want to do? Because I'm not sure that we want to create any
MR. KLATZKOW: You don't want to be in conflict with the
statute.
CHAIRWOMAN HILLER: That's my concern. I think it's a big
mistake. We're --
MR. KLATZKOW: But that's not what we're talking about here.
COMMISSIONER NANCE: Excuse me, Madam Chair. I
wasn't -- perhaps I didn't make myself clear. Maybe not in the
requirements of the Medical Director, but in the contract we have with
our Medical Director and what our expectations are in our contract for
service may require something in addition to what is statutorily
required by the state. In other words, not just their qualifications, but
our request and how they react in Collier County with our EMS or
with our first responders as a whole. Because I think that's a very fast
changing subject right now, as we all realize, that the Medical Director
deals not only with EMS and protocols and so on and so forth but with
our other first responders.
CHAIRWOMAN HILLER: County Attorney?
COMMISSIONER NANCE: And I'm not trying to make it
needlessly complicated. If that makes it needlessly complicated then
MR. KLATZKOW: You've got a two-part process here. Your
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first -- the first part of this process is a motion to basically put this on
the street to get applicants back. Commissioner Nance has expanded
the scope of what you're looking for, to go through your Public Safety
Authority to get recommendations. The issues raised by
Commissioner Nance can be addressed if you decide to make a change
with the new contract.
CHAIRWOMAN HILLER: So you can research that and bring
back to us --
MR. KLATZKOW: We have time.
CHAIRWOMAN HILLER: -- to what extent that could be
doable.
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: All right, let's -- now what I'm going
to do is as long as we consider --
COMMISSIONER NANCE: Would that answer your concerns,
Commissioner Coyle?
COMMISSIONER COYLE: Well, I think yes, it will. I mean,
here's the point that I think you just made: We have a Public Safety
Authority, and whatever the Medical Director does has to merge
seamlessly with that Authority.
So if we start the process out by getting the Public Safety
Authority involved in writing or structuring the RFP and the range of
duties that will be defined for the Medical Director and how he will
interact with the Public Safety Authority, then we can advertise.
But the problem right now is we're rushing out to try to get
something on the street without even going through the appropriate
reviews. And I think what you observed was that we were to go
through the Public Safety Authority and get this thing properly
coordinated.
While we won't necessarily change the nature of the definition of
a Medical Director, we will necessarily have to define how that
director is going to work with the Public Safety Authority.
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CHAIRWOMAN HILLER: Well, I think that's already defined
in the ordinance that created that advisory board. And again that is an
advisory board. And the relationship between the advisory board and
the Medical Director is explicit. So I think that's not necessary.
COMMISSIONER COYLE: But your --
CHAIRWOMAN HILLER: And again, in terms of the RFP, we
are going to be limited to what the statute provides, and that the role of
the Medical Director is clear.
I want to get back to what Commissioner Nance is proposing. I
absolutely have no problem whether we put the consideration of
conflicts at the beginning of the process or at the end of the process, as
long as it's included in the process and as long as there's full disclosure
on the part of every applicant of every medical institution they are
affiliated with, whether it's a hospital or Bascom Palmer or a hospital
outside of the county. Like, for example, you know, if we transport
our trauma patients up to Lee to the trauma center.
COMMISSIONER NANCE: Exactly.
CHAIRWOMAN HILLER: So I don't have a problem with that.
And so I will amend my motion to require -- to eliminate the conflicts
requirements at this point and to require full disclosure of all hospital
affiliations, directly or indirectly, and to provide that then when we
bring the candidates before us that we consider the potential third
conflicts as a consequence of affiliations.
COMMISSIONER COYLE: Once again, the Public Safety
Authority provides the mechanism to identify and to resolve those
kinds of issues. The fact that they are an advisory board has
absolutely nothing to do with the ability to identify and correct any
conflicts of interest. They will review the medical protocol changes
that the Medical Director will wish to make and then they will make
recommendations concerning those. And if they feel that there is
some conflict of interest, it's a public hearing, people will be able to
make their arguments there and it will come to us for a final decision.
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So the issue of conflicts is an imaginary one and simply will not
exist with a Public Safety Authority that is transparent in their
recommendations. And that's what we intend to do with it.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
I think as we look through this, we also have to think of what
does affiliated really mean, what does a conflict of interest really
mean.
Now, you know, I don't know that many doctors in town but I
know a few. And I would give to you right this very moment if some
doctor who was making the calls could see that that patient is a stroke
victim and he needs to go to Physicians Regional, that's where he's
going. The doctor doesn't care about his hospital. And if it's a heart
patient, he needs to go to NCH, that's it, period. Because they're the
best hospitals for those particular serious health issues.
CHAIRWOMAN HILLER: And that's exactly how it should be.
It should be like that.
COMMISSIONER FIALA: And so if they're affiliated with one
hospital or one eye doctor or whatever, I think that our doctors here
are above reproach. I don't think we have to worry too too much
about them.
But if we want to give it some kind of a definition as far as
affiliated or conflict of interest, fine. But we also have to give them
some credit too.
CHAIRWOMAN HILLER: Absolutely. And that's what we'll
do in the final selection process. I have amended my motion. Would
you be willing to amends yours?
COMMISSIONER FIALA: Oh, yeah, absolutely.
MR. OCHS: Madam Chair?
CHAIRWOMAN HILLER: Yes.
MR. OCHS: I'm sorry, I don't mean to belabor this, I know you
have a time hearing --
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CHAIRWOMAN HILLER: We do.
MR. OCHS: -- but I want to make sure I'm clearly following the
Board's direction here.
What I believe I'm hearing is for the staff to develop a draft RFP.
I would recommend that we bring in that draft to the PSA or the
designated sub-committee of the PSA for review and any value added
that they could bring. We release that on the street, get the proposals,
forward those to the PSA and let them rank 10, I believe you said, the
top 10?
COMMISSIONER HILLER: Include all of them but just rank
the top 10.
MR. OCHS: Yes. And send all the proposals and the ranked
proposers to the Board; is that --
CHAIRWOMAN HILLER: No, everything -- you're correct
except sending the RFP to the PSA. Because the RFP is very
straightforward. The RFP basically has to propose what the statute
provides is the role of the Medical Director and the role of the Deputy
Medical Director. So there's really no debate as to, you know, what is
a medical director for this county.
Now, having the PSA review the candidates, certainly. But, I
mean, there is really -- I mean, the RFP is very basic. There is no
debate. And it shouldn't be expanded in any way. I mean, it should be
what the statute provides, just as the County Attorney has provided.
COMMISSIONER NANCE: Excuse me, Madam Chair, just for
clarification, are we -- we're also bifurcating the Deputy Medical
Director from the Medical Director --
CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: -- so we're not going to have the
Deputy Medical Director be an employee of the Medical Director.
CHAIRWOMAN HILLER: No.
COMMISSIONER NANCE: We're going to bifurcate those into
two separate and distinct --
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CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: Two independent parties.
And the reason again being from what I said in the beginning is
that, you know, right now they're all wrapped under one company. If
that one company goes, the county has no continuity. If we have two
separate contracts with two separate individuals, if the Medical
Director goes, we have the Deputy Medical Director who stays, or
conversely. So we're never dependent just on one entity or one
individual, which I think is risky for that office. Because we by law
can never be without a medical director.
COMMISSIONER NANCE: But we are going to be all inclusive
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: -- but we're going to require them
to declare --
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: -- all affiliations and associations
with hospitals, medical centers --
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: -- centers of excellent --
CHAIRWOMAN HILLER: Correct.
COMMISSIONER NANCE: And so on and so forth. And I
think that can be a positive thing.
CHAIRWOMAN HILLER: Yes. Yes, that's exactly correct.
MR. OCHS: Correct. Then the scope of the RFP will essentially
be the --
CHAIRWOMAN HILLER: The statute.
MR. OCHS: -- statute.
CHAIRWOMAN HILLER: Correct. And the requirements
under the statute.
MR. OCHS: Okay.
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March 12, 2013
CHAIRWOMAN HILLER: No?
MR. KLATZKOW: It's up to you.
CHAIRWOMAN HILLER: Yeah. That's what it should be.
That's what we're hiring. That's what we have to do by law.
COMMISSIONER COYLE: So we are excluding the PSA from
having any input on the solicitation process itself. I think it's a big
mistake.
CHAIRWOMAN HILLER: No, they are very much involved in
the solicitation, but the solicitation from the standpoint of interviewing
the candidates and ranking the resumes in terms of how they qualify
against the statute -- we cannot be without a Medical Director. We
cannot be dependent on a single Medical Director who also controls
the Deputy Director or we're without a Medical Director if that
Medical Director leaves, which again goes contrary to law. And the
role of the Medical Director is statutorily defined, and that is what we
are seeking to satisfy. I mean, that is the criteria.
COMMISSIONER COYLE: There's no argument on the issue of
bifurcating the Medical Director and the Assistant Medical Director.
There is only a proposal that we send the information to the Public
Safety Authority before we release an RFP to solicit applicants. There
are things that the Public Safety Authority could do to help improve
the solicitation process.
CHAIRWOMAN HILLER: I'm not sure what. It's statutorily
designed.
COMMISSIONER COYLE: And the statute simply does not --
it does not deal with all of the internal operating procedures of our
Public Safety Authority and the methods of reviewing and vetting
medical policies.
CHAIRWOMAN HILLER: Well, that's again already legally
defined in the ordinance.
COMMISSIONER COYLE: No, it's not.
CHAIRWOMAN HILLER: Yes, it is.
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COMMISSIONER COYLE: No, it's not.
CHAIRWOMAN HILLER: It is.
MR. OCHS: Commissioner, my only concern was since you're
soliciting for independent contractor services of a physician, that a
group of physicians reviewing that solicitation before it went out may
be able to add some perspective or value added on the approach, not
necessarily changing obviously any of the statutory requirements. So
it's a recommendation you can take or leave.
CHAIRWOMAN HILLER: The only reason I say leave it is
because first of all the PSA has very few physicians.
MR. OCHS: Well, they have at least four on their medical
directory subcommittee, ma'am. They have two ER docs, plus they
have the current Medical Director and the holder of the North Naples
Fire Department COPCN.
CHAIRWOMAN HILLER: Again, I just don't see any value
add. I mean, if I believed that they would actually add value to the
process, I would completely support it. But since it's very clearly
defined, you know, the statute dictates, you know, what we're looking
for, that's really what we should be soliciting to. I mean, I don't think
that, you know, any -- what I don't want to see, and this is my concern,
I don't want to see any politics in this. And when you start massaging
what the statute provides by adding this or qualifying that way, you
basically are starting to manipulate the selection process and turn it
political. I would like to leave it as neutral and as generic as possible
so that we get all possible applicants.
Because I agree with Commissioner Fiala, you know, our goal is
to get as many qualified people as possible, have the PSA altogether
interview these candidates, because this individual will be working
with all the representatives in the PSA that are there on behalf of their
respective agencies, and that way you really have the fairest, most
clean process.
I would actually -- this is the last comment on this subject.
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Commissioner Nance?
COMMISSIONER NANCE: Yes, I agree completely with
Commissioner Coyle. You know, I felt like Commissioner Coyle's
efforts were to take the qualifications out of the solicitation, and I
don't think there's anything cleaner than what's been proposed and that
is just to take it based on the qualifi -- based on statute, and the statute
defines who a Medical Director can be. And it's actually pretty broad.
It's physicians associated -- associations of physicians, corporations,
all sorts of things. We just have to -- you know, if we do our job well
and advertise it well and get it out to people, I think we'll get a bunch
of solicitations and then we can see what we get. How could it be any
broader?
CHAIRWOMAN HILLER: Right. And it's --
COMMISSIONER NANCE: Am I missing something? If I am,
I don't know what it --
CHAIRWOMAN HILLER: I think it's very apolitical in this
matter.
COMMISSIONER COYLE: Then how could it hurt to send it to
the PSA for review before it goes out?
CHAIRWOMAN HILLER: Because it's unnecessary.
I'm going to call the question.
All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: No, I'll see it go forward. I think
you're making a big mistake by not giving it to the PSA, but I want to
see the solicitation move out.
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CHAIRWOMAN HILLER: Motion carries 4-1 .
And we encourage everybody who feels they're qualified and
who will serve the best interest of the community by way of providing
emergency service protocols apply. Thank you.
MR. OCHS: Madam Chair, that moves us to your 2:00 p.m. time
certain hearing. Normally you would have taken a short break before
that hearing for the court reporter, but we've been advised that the
court reporter is swapping out with the replacement at 3:00 and she's
indicated a willingness to keep going 'til that break, but we would ask
for a short break at 3:00, ma'am.
CHAIRWOMAN HILLER: Thank you.
Item #9B
ORDINANCE 2013-24: PUDZ-A-PL20120000726, THE TOP HAT
AUTO COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD), AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE 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 HEREIN
DESCRIBED REAL PROPERTY FROM THE PRINCESS PARK
PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR AN 11 .36+/- ACRE PARCEL TO BE
KNOWN AS THE TOP HAT AUTO CPUD, TO ALLOW
CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY
WITH ASSOCIATED REPAIR SERVICES, ON PROPERTY
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LOCATED AT 6780 AIRPORT ROAD NORTH IN SECTION 1,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 84-
34, AS AMENDED, THE PRINCESS PARK PUD; AND
PROVIDING AN EFFECTIVE DATE — ADOPTED
MR. OCHS: So your 2:00 time certain item is Item 9.B on your
agenda. This item requires ex parte disclosure be provided by
commission members and all participants are required to be sworn in.
It is a recommendation to approve PUDZA-PL20120000726, the
Top Hat Auto Commercial Planned Unit Development. And
ordinance of the Board of County Commissioners of Collier County,
Florida, amending Ordinance number 2004-41, as amended, the
Collier County Land Development Code, which established
comprehensive zoning regulations for the unincorporated area of
Collier County, Florida by amending the appropriate zoning atlas
maps and maps by changing the zoning classification of the herein
described real property from the Princess Park Planned Unit
Development zoning district to a Commercial Planned Unit
Development zoning district for an 11 .36 plus or minus acre parcel to
be known as the Top Hat Auto CPUD, to allow construction of an
automotive sales facility with associated repair services on property
located at 6780 Airport Road North in Section 1, Township 49 South,
Range 25 East, Collier County, Florida, providing for repeal of
Ordinance No. 84-34, as amended, the Princess Park PUD, and
providing an effective date.
CHAIRWOMAN HILLER: Thank you.
If we could have ex parte communication to begin.
COmmissioner Henning?
COMMISSIONER HENNING: Madam Chair, I received
correspondence, including emails. I viewed the Planning Commission
meeting on this item and reviewed their staffs report.
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CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes, ma'am, I've read staff report,
I've had meetings with citizens and with the petitioner, I've received
letters and written materials, and numerous emails.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I have had meetings, I've had
emails, telephone calls, correspondence of various types concerning
this petition.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. I too have had
meetings, correspondence -- here's my correspondence, by the way --
emails, I've met with Bruce Anderson, Tim Hancock, Tim Zellers, and
then I've met with Ron and Sally Cleminson and Elizabeth Lynn. And
I've had -- as I say, I've had phone calls even. Thank you.
CHAIRWOMAN HILLER: Thank you.
And I have met with the petitioner and the petitioner's
representatives with constituents. I have met with Mark Strain of the
Planning Commission, I've met with staff, I have emails I've had
phone calls, I've reviewed the staffs report. There's about nothing I
haven't done. Just kidding. But yeah, it's been certainly a very
comprehensive review both through -- by and through staff, and with
the community and the petitioner.
MR. MILLER: Madam Chair, you also have 10 registered public
speakers.
CHAIRWOMAN HILLER: Ten?
MR. MILLER: Ten.
CHAIRWOMAN HILLER: Are those public speakers --
MR. MILLER: Five of those public speakers submitted slips and
asked to be able to speak immediately following Mr. Hancock's
presentation.
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CHAIRWOMAN HILLER: Five.
MR. MILLER: Five. The first five, yes, ma'am.
MR. OCHS: Swear in the participants, ma'am.
CHAIRWOMAN HILLER: Anybody who signed up to speak as
a member of the public needs to stand as well. Where are the public
speakers? Okay, I just wanted to be sure. Okay, that's fine.
(Speakers were duly sworn.)
MR. ANDERSON: Good morning, Madam Chair -- or good
afternoon, Madam Chairman, Commissioners. My name is Bruce
Anderson from the Roetzel and Andress Law Firm, here on behalf of
the applicant.
Initially I'd like to introduce Mr. Tim Zellers sitting in the rear of
the room here. He is the president of Top Hat Auto and Tamiami
Hyundai. You'll be hearing from him a bit later. He's a second
generation Naples businessman, and the application before you is for a
home grown economic development and expansion based on 40 years
of success in our community.
CHAIRWOMAN HILLER: Can I interrupt you? Can I clarify?
Top Hat owns what? What dealerships? I understand that Top Hat
owns Ford. What else does Top Hat own? If you could just list the
dealerships that you have in town?
MR. ZELLERS: Hello, Commissioners, I'm -- for the record, I'm
Tim Zellers, I'm the owner of Tamiami Ford and Tamiami Hyundai.
Top Hat is Tamiami Hyundai and Tamiami Mitsubishi. Tamiami
Ford is a different corporation. Same ownership but a different
corporation.
CHAIRWOMAN HILLER: So you basically have three
dealerships in Collier County?
MR. ZELLERS: That's correct, plus the Collision Center, some
other sundry businesses, but three franchises.
CHAIRWOMAN HILLER: Thank you.
MR. ANDERSON: With me today who will be testifying right
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after I finish is Tim Hancock, the Director of Planning for Davidson
Engineering.
And before I forget, I would like to go ahead and tender him an
expert witness on land planning and ask the Board to accept and
recognize him as such.
CHAIRWOMAN HILLER: Does the Commission have any
objection to accepting Mr. Hancock as an expert.
COMMISSIONER HENNING: No objection.
COMMISSIONER COYLE: No.
CHAIRWOMAN HILLER: There being no objection, please
proceed.
MR. ANDERSON: Thank you.
Unlike most of the commercial PUDs that come before you, this
is a proposed single use PUD for an auto dealership with typical
accessory uses that you would expect when you bring your own car in
for service. It replaces another single use PUD, Princess Park, an
amusement park.
The Growth Management Plan intent is to permit commercial
development of this property so long as the new use is no more intense
than the current zoning allows.
The county has issued an official interpretation that the rezoning
of this property from an amusement park to a new car dealership does
not represent an increase in intensity of use.
This property has been zoned for commercial uses for almost 30
years. The first PUD was approved in 1984.
Neighboring property to the north, the Lone Oak PUD, which
was developed as Walden Oaks, was approved two years later, and it
has its own commercial zoning that fronts on Airport Road.
In other words, the county has long recognized that commercial
uses are appropriate at this location for both Princess Park and Lone
Oak PUD. So it should come as a surprise to no one that another
commercial use would replace the amusement park.
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The proposed auto dealership will typically close at 8:00 p.m.
through the week and on weekends at 5:00, while the current
amusement park, with go carts, bumper boats and more is open or
permitted to be open until 9:00 or 10:00 p.m. on weekdays and
midnight on weekends. And I would simply ask you to consider
which would you rather have as a neighbor.
I'm going to ask Tim Hancock to come forward and address the
planning issues and also the numerous meetings that have been held
with a special homeowners association committee to address residents'
concerns from Walden Oaks.
The results of those numerous meetings are numerous
development and operational conditions that Mr. Sellers has agreed to
demonstrate that he is a good neighbor.
Tim will elaborate on those conditions, and I thank you very
much for your time.
CHAIRWOMAN HILLER: Mr. Hancock, I just want to clarify
that what the County Manager read into the record as part of the
introduction is different than what you're proposing here today. And
what you're proposing is what has been arrived at by way of consensus
with the community.
MR. HANCOCK: Yes, ma'am.
CHAIRWOMAN HILLER: County Attorney, is that correct?
Staff? Mr. Casalanguida?
MR. HANCOCK: Well, there is a draft ordinance in your packet
that was the result of a lot of coordination and effort with the
homeowners. Since that time, up until literally yesterday we've
continued to touch on issues that we may or may not be able to further
increase compatibility. I have those in the form of an exhibit and a
strike-through underlined document to review with you today. Beyond
that, ma'am, I'm not sure if I answered your question.
CHAIRWOMAN HILLER: Again, I want to -- there have been
negotiations between the community and the --
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MR. KLATZKOW: Yes, it's been nonstop. And I hate this, by
the way, because these should all get done before they come to you.
But Ms. Ashton of my office has been working with Mr. Hancock, and
I believe that they do have an agreed upon final version to present to
the Board.
CHAIRWOMAN HILLER: Okay. So again, the agreed final
version that we are going to hear today is different from what the
County Manager read into the record as what --
MR. KLATZKOW: There are changes to the proposed PUD
amendment that's in your package, yes.
CHAIRWOMAN HILLER: Okay. So we're going to go ahead
and set aside what the County Manager has said and basically take
what you are presenting to us right now as what has been agreed
between the owner of the dealership and the constituents in the
community.
MR. HANCOCK: Yes, ma'am. And I will identify, there are six
additional conditions on top of the 23 that preceded them.
CHAIRWOMAN HILLER: Okay. So you're going to give us
the 23 that you have all agreed to and the six additional.
MR. HANCOCK: Yes, ma'am.
COMMISSIONER FIALA: Maybe we can put them on the
overhead.
CHAIRWOMAN HILLER: Could you please put them on the
overhead, as Commissioner Fiala recognized?
MR. HANCOCK: I absolutely will. And the 23 I speak of, those
are already contained in the ordinance in your packet.
CHAIRWOMAN HILLER: Okay.
MR. HANCOCK: The only thing new are six additional
concessions to further increase compatibility. And I will review those
with you, including the strike-through underlined copy of the
document so that we have absolute clarity on what they mean.
CHAIRWOMAN HILLER: Thank you. Go ahead.
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MR. HANCOCK: Commissioners, by way of background, the
site history is that we have an 11.3-acre parcel known as -- more
commonly known as King Richard's today, the Princess Park PUD.
It's approximately 395 feet wide at its widest point along Airport
Road, with a depth of over 1,200 feet.
As Mr. Anderson stated, it was approved in 1984. And the
development of the Lone Oak PUD or Walden Oaks followed the
development of this project.
The current conditions are that to the north right here you see is
the PUD for Lone Oak. Their entrance drive comes off of Airport
Road, it bends around a two-acre commercial site, moves along the
common -- or near the common property line, and as it arrives back
here it splits right, left and forward into a predominantly residential
area to the rear.
This here is the much talked about community pool that you've
heard quite a bit about and it is the closest facility and structure, other
than the commercial development here, to the property line for the
Princess Park PUD.
To give you -- there's been a lot of talk about distances, so let's be
real clear about that. This pool sits approximately 225 feet from an
existing batting cage, and approximately 325 feet from an existing
go-cart track. The residences in the rear also sit approximately 325
feet from that same go-cart track.
The proposal before you today with the development limitations
contained within it put the nearest point of the structure, which you'll
see later on in the PUD master plan, as being no closer than again
approximately 325 feet from the community pool and well over 600
feet from the residences to the rear. The building I'm talking about is
an enclosed service structure.
The Lone Oak project does wrap around on two sides. And as
we get to the south side here, this is the Willow Park PUD. It is an
office complex, commercial office complex approved for up to
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110,000 square feet of general and medical office. As you can see, it
is predominately built out with a few vacant parcels, and there may
even be some people here in the room that would be willing to sell one
of them to you.
Airport Road lies immediately to the west here, a six-lane arterial
roadway. And across that roadway, as we kind of circle the property
from Willow Park, down here you have a convenience gas station, an
industrial zoning, you have the Arbor Walk apartment complex, Bear
Creek apartment complex, current vacant ag. zoning, and then you
have -- up here is the Carlisle, and further north of that is areas that are
currently undeveloped or the Italian American Club and are
designated as future commercial areas.
The plan before you actually took a somewhat unusual path in
arriving here today. We arrived at the Planning Commission, put the
information into the record, and what we got from the Planning
Commission originally was a vote of approval 6-2. We felt that the
technical issues that were raised by the chairman, as well as some of
the resident's concerns at that time, were addressed. We thought it
was in our best interest to do everything we could to try and address
those issues.
So we did something I've not done before; we in essence went
back that same day and asked the Planning Commission to rescind
their approval and asked them to reschedule us and bring us back.
Three weeks later we came back to the Planning Commission,
and in that three weeks is when some very meaningful dialogue began
occurring between us as the petitioner and a committee of residents
appointed by the Walden Oaks Master Board. We met several times.
Communication was frequent and varied. There were very honest
discussions. Not everybody was happy with every discussion. And I
think sometimes that's a sign of a real negotiation.
But in the end they became to understand what our reality was
and our business practices were, and we began to understand more
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clearly what their concerns were.
Thanks to Mr. Zellers we were able to achieve a far greater
degree of compatibility with many of the development conditions
we'll review today.
We returned to the Planning Commission three weeks later. We
presented that, and we received a unanimous vote of approval from
the Planning Commission, 8-0. Good thing, or else Mr. Zellers may
not have been as pleased with my recommendation.
The proposed rezone before you is a rezone to request 65,000
square feet of automotive dealership building square footage. And I
think that's important, because when you look at 11.3 acres of
property and you have only 65,000 square feet on it, you have a very
low floor area ratio of roughly 13 percent. It is not a use that
consumes a tremendous amount of space, which is also why one of the
reasons you see the trip generation for this type of use for the amount
of acreage it takes up is fairly low. The primary reason being that
parked cars don't generate traffic. Your inventory, which has to be on
your lot, doesn't generate traffic. It is the sales force and the effort
you put forth and the business itself that drives it but again is a very
low intensity use.
As you look at the site plan you'll see two buildings. To the
north is what's going to be the building constructed in the first phase.
This is the primary focus of the property.
Up front you have a sales and service building. Vehicles will
enter the site off of Airport Road. If they're pulling in, there will be
display areas in the front, sales here. And if they're going to service,
they'll move around the right side of the building under a covered
service canopy. That canopy is where the vehicles, as we've all
experienced, are written up and then taken for service.
Those vehicles then are brought into the service facility, which is
the rear portion of the building here. And this will be a little bit
clearer on the PUD master plan that I show you.
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Again, as we're discussing, you come into the service area here.
This is the service building itself. Within that building it's a fully
enclosed contained building where all the service bays are located.
The days of having open service bays are pretty much ending. We
find it's better for the employees and better for the neighbors to have
enclosed service areas which are all obviously properly ventilated and
controlled.
But the way the building operates is there's a single point of entry
on the south side of the building where vehicles are taken into the
service area. They then access the service bays internally. When
service is completed there's a single point of entry as you exit the
building right here. Being very well aware that that opening, albeit
600 plus feet from the nearest residences does face in the direction of
residential development, Mr. Zellers put forward, after discussions
with the neighbors, what is called a speed door. This is an automatic
door that as you approach with the vehicle it rises very quickly, and as
the vehicle exits it closes very quickly. The idea being to minimize
any potential sound from traveling outside the building.
The only bays on this building that are open are the -- that are
used for any type of service or vehicle maintenance are three quick
lube bays that all face south towards the Willow Park PUD.
To the rear of the building back here is a carwash. And again
you'll hear some details about how the carwash issues have been
addressed.
The carwash is used only by employees of the dealership. It is
not a public carwash, it's not available for folks to come in and wash
their car whenever they like. It's used strictly by employees.
The method of circulation here is that you enter the carwash from
this end and you exit on the west end. The idea being obviously the
last cycle is a drying cycle. By moving the blowers to the west end it
reduces the ability for noise transfer to get to the residential
component of the Walden Oaks PUD.
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Just on the north side of this is something you've been -- has been
referred to as four detailed bays. Some people have erroneously
referred to them as four wash bays. There's only one carwash in this
plan. And there's one carwash that is being constructed.
The detail bays are ones that are used for preliminary work and
for the delivery of a vehicle to a customer, for example.
When you hear about wash bays, there's only one carwash.
These four detail bays to the north have additional areas that we've --
or areas we've designated for buffering and protection, and we'll go
over those in just a minute.
The parts department lies between the two -- kind of makes
sense, you want your parts near your service -- with sales and service
riding up front.
The building you see on the south side right here is a future
building to handle what is called the Equus line. It is basically
Hyundai's higher end vehicle. Taking a page out of the Lexus book,
for example, you've got your Hyundais, and the Equus is a little more
of a luxury vehicle.
This building may or may not be realized in the future. In an
abundance of caution we wanted to show all potential buildings so we
didn't have to come back before you and try and squeeze something in
later.
So at least in the first phase of development what you'll see will
be pretty much what you see here. We may or may not construct all
of the parking you see to the rear, we may not need all that inventory,
and this building will be at some point in the future, if at all.
In an effort to try and address the measures of increased
compatibility, one of the key issues in determining whether or not the
proposed project is equal to or lesser in impact to the existing zoning,
as identified by staff, was traffic. How do the two compare.
Now, if we look at the existing zoning and we look at an
amusement park, the traffic impact statement used the only Land Use
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Code available, which is a multipurpose recreational code called 435.
To keep from boring everyone beyond what I already have, 435
when applied to a building the same size, in other words, 65,000
square feet of multipurpose recreational facility versus 65,000 square
feet of auto dealership results in a 25 percent reduction in trips. And
by trips I mean p.m. peak hour, the busiest time of the day.
At the Planning Commission we discussed a revised traffic
impact statement where we actually took the project at the request of
transportation staff and we looked at the individual uses, such as the
18-hole miniature golf course, the batting cages, which have their own
trip generation rates. We assigned those rates and we pulled them out
of the overall square footage.
There's actually over 180,000 square feet of amusement park
space currently on site. That's over four and a half acres, each square
foot being developed for amusement park. When we ran those
numbers under that scenario they were even higher. The actual
difference between our p.m. peak hour generation and that analysis
was 41 percent more traffic. So we are again a 41 percent reduction
over that analysis.
Not quite done yet, we were asked, well, why can't you just be an
office park? To the south is the Willow Park PUD. Almost the exact
same size as our parcel, similar dimensions. At 110,000 square feet of
office space the trip generation is 46 percent higher than an
automotive dealership.
So when it comes to impacts and we look at impacts to the
roadway, the existing zoning plus even an office park generate
anywhere from 25 to 46 percent more trips than the proposed zoning.
Building placement. This is when we started off, it was real
simple. Move it as far away from the residents as we can and still be
able to do business.
As you look at this plan there's not a sea of parking between the
building and Airport Road. I think if you were in Mr. Zellers position
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you might actually like to see a few more cars up there, maybe.
But we recognize that one of the things we had to do is we had to
make sure that we created enough distance that the impacts to the
adjacent residential community were far beneficial over what's there
today.
The existing zoning, which is a commercial PUD, has an
equivalency of C-4 in our Land Development Code. An outdoor
amusement park can only be permitted as a conditional use within a
C-4 zoning. A new automotive dealership can be permitted in straight
C-4.
So you can see from a zoning standpoint within our code there's a
similarity. That C-4 zoning district has a rear yard setback of 15 feet.
What we have crafted into our PUD is a minimum rear yard setback of
500 feet, a factor of 33 over what the current code allows.
The service area being fully enclosed again is a modernization. I
think Mr. Zellers would love to be able to accept credit for doing
something that's never been done before, but it has been done. It is
what a new modern dealership is all about. The days of air chisels and
bending frames and all that kind of nonsense -- I heard Mr. Zellers
explain and I think he did to some of you, that a lot of times even a
significant repair or replacement of a part, it comes in what looks like
a suitcase. The mechanic opens it up, pulls that one off, puts it on.
I'm oversimplifying, I don't know how you guys do that, it's really
amazing. But, you know, it's not -- we're not stripping cars down and
bending frames anymore. You know, the calendar says 2013, and this
is how automatic repair is done today. And Commissioner Henning,
you may know a little something about that I understand.
COMMISSIONER HENNING: Well, you know, I had the
pleasure of knowing a young man who I've known since he was a
baby is now an automotive technician for one of the dealerships, local
dealerships in town. He went out of the community, got his education,
came back to the community and worked at a highways job. He wears
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gloves when he works on cars, the surgical gloves he wears. So yeah,
it has changed quite a bit.
MR. HANCOCK: I've heard Mr. Zellers say that to be an auto
mechanic today you're 50 percent IT and 50 percent everything else.
And it's absolutely true. And we do have a great training program and
I think we have somebody speaking to that with Vo-Tech.
One of the things we're really excited about this project is that it
creates expansion opportunities for two local businesses. By Hyundai
moving and growing, it allows Mitsubishi to also grow in its current
location. And we're looking at producing up to 40 to 50 new jobs with
those two expansions at the outset. It's an exciting component of
what's going on.
And when we talk about service, because of the way service is
run, you can actually get more vehicles in and out a little bit faster
these days than maybe you could have 10 or 15 years ago.
There's been suggestions that the number of service bays that are
associated with this project -- and I'll tell, the only reason that number
came up is when we were looking at what type of parking is generated
from the site, one of the more intensive parking requirements in our
Land Development Code is actually automobile service. You must
have three and a half parking spaces per service bay in order to meet
the county's code requirements.
You know, that hopefully doesn't tell us if there's three people in
front of us every time we take our car in, but as you can imagine, if
you have to order a part and the car's got to sit for a little bit, you've
got to have room for that. So it's understandable.
So we estimated the build-out at 37 service bays for this project.
It's been said that that's an awfully high number, and so we did a little
bit of checking. And what I found out is we've been very fortunate to
do site development engineering work for several of the dealerships in
town. Naples Nissan, for example, is one-third smaller than this
building and has 30 service bays. Naples Dodge is more than
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one-third smaller and has 42 service bays.
So when you look at a number of 37, the question is, is it out of
context, is it out of scale with modern dealerships? And the answer is
no. More importantly, it's how are we dealing with those 37 bays. In
this case fully enclosed with a speed door, we're addressing the noise
and the compatibility issue that way. But I do want to at least put to
bed that the idea of the 37 service bays in a dealership of 65,000
square feet is in some way out of scale. It is not.
Buffering and landscaping is probably one of the areas that we
spent the most amount of time. We are required, as you see on this
master plan, when we're adjacent to a residential component of a
project to have a 15-foot type B buffer. That 15-foot buffer will also
require a six-foot privacy wall. And we have even designated the type
of privacy wall in our PUD.
Also in that 15-foot buffer are oak trees at up to 10 feet at the
time of planting, every 25 feet on center, plus a hedge that has to reach
80 percent opacity within one year of planting. You have to build the
wall, then you have to build a hedge to cover the wall we just built,
and then we have trees on the outside of that.
The vegetation I just discussed with you actually will be on the
Walden Oaks side of the wall. And I have a picture I can share with
you. Walden Oaks over the time has done a phenomenal job with
their landscaping. I mean, they've got trees exceeding 35 feet on their
side. And so we get to spend money building a buffer that they can't
see. But it will be there.
The important thing really I think is to give the security that if
were something to happen on one side or the other that this buffer will
remain over time, including the six-foot privacy wall.
The petitioner has also agreed, because of the location of the
carwash and the four detail bays, to increase the height of the wall
from six feet to eight feet from from a point that you see on the master
plan designated as A all the way extending to the east 100 feet past
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where the detail bays are.
The detail bays are actually walled on three sides so noise
transfer at the most is to move out at a 45-degree angle. But these are
not locations in which, you know, air tools are used and so forth.
Literally they are for detailing. If you and I were to go out in our
driveway and polish up the dash and clean up the car, that's what goes
on in addition to buffing and a little more detail work than I care to
take on myself.
But the petitioner has agreed to increase the wall from six to
eight feet in this area. We feel that that with the buffer has done a very
nice job of addressing any potential noise.
We even went one step further in our buffering. The code says
you can have a list of these trees planted there. Well, we are right next
to an FPL easement that is on the Lone Oak property. So we have
power lines next to us. That begins to limit the type of tree you can
plant.
In addition, I think everybody agreed we didn't want the mess
associated with oaks in that area, and you can't really have oaks
underneath a power line anyway, so what we did is we gave the
residents a list of vegetation, they picked the hedge, which is
contained in your PUD, and they also picked the Holly trees.
Unknown to them at the time, by doing so they doubled the number of
trees we have to plant because the Holly doesn't have quite as big a
canopy. So we're actually going to have twice as many Hollies as we
would have if we could have planted oaks there. Again, something
Mr. Zellers is happy to do. It will create a better screen, a better
environment and less messy plants for everyone to deal with.
CHAIRWOMAN HILLER: No bald cypress? I'm just asking.
MR. HANCOCK: Only above and beyond what we've stated
already.
CHAIRWOMAN HILLER: For the record, no bald cypress.
MR. HANCOCK: Yes, ma'am, no bald cypress. We're willing to
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accept that as a condition, if required.
We went even another step further in dealing with loading and
unloading. One of the concerns again being if a car carrier comes in,
where's it going to off-load its vehicles.
And you can see from the master plan we've located an area to
the south of the site more than 400 feet from the community pool,
more than 400 feet from the residences.
And let's be clear: With diesel gas at five bucks a gallon, you
don't let the engine run. You get on site, you turn it off, you save your
money, you unload your cars, you put them back on and off you go.
So we still have located an area that we think again protects the
residents, protects the community assets and Lone Oak. And again, it
is designated on the master concept plan, something I've never done
on an automotive dealership before but something that I think was
important to the residents.
One of the things that you don't see, it doesn't jump out at you
that we accomplished in the first run at this was site circulation. By
making sure that when you enter the site you can actually drive all the
way around the building and around the site without ever having to
back up is important. Because every one of these vehicles, these
commercial vehicles, has an OSHA required backup signal. Now, we
would like to not have to get calls from the residents because there's
all these backup signals, so the site was designed with complete and
total 360-degree circulation. Everything from -- you know, we can't
keep Waste Management from having to back their trucks up when
they dump -- when they unload a dumpster, but certainly on a daily
operational standpoint that would not be an issue.
Probably the next biggest issue we tackled was lighting. The
petitioner has instituted a variety of lighting control measures, ranging
from including in the PUD that's before you already a measurement at
the residential property line of .5 foot candles as a maximum spillover.
Let me put that in a context for you. When you drive by and you see a
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driveway to a residential community that connects with an arterial
roadway, the minimum lighting required in that area is 1 .5 foot
candles. So we're saying we're going to be one-third or less than that
at the property line.
The second thing we did is we created a tiered lighting approach.
If you look at the master plan before you, the line marked as B,
between line B to the east, the rear property line, there will be zero
lighting. None. That's over 200 feet of no lighting fixtures
whatsoever.
From B up to the line marked as A will be security lighting only.
And we've even gone to the additional step of indicating the security
lighting is no greater than 50 percent of the lumens for display
lighting. So you start to see we're stepping the lighting up.
As you get forward of line A, that is display level lighting.
Automotive dealerships are not like banks. Most people don't visit the
parking lot of their bank at night and walk around. If they did, they
probably are going to meet some of these gentlemen --
CHAIRWOMAN HILLER: Get cased by the FBI.
MR. HANCOCK: Yes. But, you know, an inordinate number of
people like to visit car lots at night. It's just a reality. They do. So
there's a safety and security issue for the owner of the property to
make sure that the property is well lit and secure, but also safe for that
activity. It's like knowing what's going to happen. You know, you
can try to stop it but you can't. And so we want to make sure those
folks are safe.
So the display lighting will be in effect. And then at 11 :00 p.m. it
will power down to security level lighting. If they're out there at
midnight they're probably not just looking at a car. So we thinking
dropping it to security level lighting after 11 :00 p.m. again was a wise
move.
There are some additional -- some of those six items we're going
to discusses, we actually have taken some Dark Skies technology and
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applied it to the PUD, and I'll go over that with you in just a section.
We mentioned earlier the carwash and the blowers and moving
them to the west end. This continued to be a source of concern for the
residents of Walden Oaks because of the proximity of their pool area,
again approximately 325 feet away. Yes we have a wall at eight feet.
Yes, we have landscaping.
One of the suggestions at one of our meetings was can you put
the carwash inside the service building. And it sounded a little silly at
first. And the more we thought about it is, well, can we enclose it.
Now, I was born and raised in Florida, I've never seen doors on a
carwash. Apparently they have these things up north because they
have something called winter and it gets cold and they drop doors and
all that. There's ice. I've heard rumors of these things, I've never seen
them.
But what we found is that we could do that. The design of the
carwash allows us to basically put doors on each end of it so as the
vehicle enters, the door opens, the vehicle enters, the doors drop
during the full cycle, including the drying. We will be the only
carwash in Collier County with doors on it. And happily so. While it's
an expense to Mr. Zellers, we know it's the best way to protect the
neighborhood.
And with that concession on the carwashes, we do meet all of the
requirements of LDC Section 505.11 regarding carwashes. So if this
were a commercial carwash, we would meet or exceed all of your
code requirements in that regard.
Let me go ahead and go to what we're referring to as the
concessions.
CHAIRWOMAN HILLER: I don't think it will be viewable like
that. One page at a time.
MR. HANCOCK: I have great confidence in Mr. Och's ability.
I only put this up here for a reason; not to go line-by-line and
read it, Commissioners --
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CHAIRWOMAN HILLER: I know, but I just want you to know,
I don't think our vision at our collective age --
COMMISSIONER COYLE: I can read it. I don't even need
glasses.
CHAIRWOMAN HILLER: Okay, go ahead, you can start right
now.
MR. HANCOCK: The point is not to go --
CHAIRWOMAN HILLER: I understand.
MR. HANCOCK: -- line-by-line. Because the reason is, these
are all contained in the PUD in front of you. But I wanted to show
you the list that we have shared with some of you as to the
concessions that I have glossed over. If you have questions about any
of these issues, we certainly will delve into them at whatever depth
you're comfortable, but these are the concessions that went into the
document before you.
I think what we need to get to that is germane as much as
anything to today's hearing is what's happened in the last week.
CHAIRWOMAN HILLER: And these 21 or so concessions,
aside from the six, have already been incorporated in the documents
we have before us today?
MR. HANCOCK: That is correct.
CHAIRWOMAN HILLER: Thank you.
MR. HANCOCK: And I do have copies for the official record,
the court reporter of these concessions, and I also have a
strike-through underlined copy of the document that I can go through
with you to show where the changes are located.
When I say that the communication with the committee that was
appointed by the master board is continuous, I mean that. And these
gentlemen have put a tremendous amount of time in.
The discussion candidly has been very frank and very honest. I
don't think anybody was afraid of saying what they felt. And we've
had to do a lot of research. I know more about lighting fixtures than I
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had ever hoped to know.
CHAIRWOMAN HILLER: And I'm actually very glad that
you're bringing this all up, because one of the notes I have here is to
provide assurances that they're directional down and not, you know,
overly bright more than necessary. So that there wouldn't be any
potential for the creation of a nuisance by way of light transmitting
onto private property.
MR. HANCOCK: Yes, ma'am. And I think you will see that
unlike the current zoning which only has to meet the county's existing
LDC standards and actually has some lighting fixtures that exceed in
height the current standards of the LDC, I think you'll be hard pressed
to find a project anywhere that meets the standard being proposed
here.
So in addition to what we proposed earlier about the lighting
zones, we continued to massage this issue with the residents and see if
there's a way to do better.
Let me first talk about number one which is building heights.
There actually again was some misinformation that there are going to
be two 47-foot tall buildings here. Untrue. Can't happen. Not
consistent with the zoning document.
But we got far enough along I think in our architectural work that
we can tighten those numbers a little bit and maybe give a little bit
more peace and comfort to people who are looking at the project.
So what we've agreed to do is the maximum zoned height for the
service building, including the carwash and detail area, would be 30
feet. That is what the current PUD allows for Princess Park.
The maximum actual height -- and as you folks know, we have a
difference between zoned and actual. It's very confusing to someone
who doesn't deal with it on a regular basis. But that means nothing is
going to stick up above 35 feet, period. That's for the service building.
For the sales building, because we need a little bit of an
architectural facade to address that, the maximum zoned height, we're
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asking for 35 feet, with a maximum actual height of 40 feet.
That differs from the PUD that's in your package, and I'll review
those with you in strike-through, underlined format in just a moment.
Probably the largest amount of work over the last week has been
in the area of lighting. And Commissioner Nance mentioned Dark
Skies when we met with him. And the technologies that the Dark
Skies movement really looks for are being embedded in this PUD as
development standards.
They are, in addition to what's already in the PUD, number one:
All of the outdoor lights will be flat panel fixtures. And let me give
you a difference. If you drive by Naples Mazda, for example, their
fixtures seem much brighter than everybody else's. And the reason is
that they're concave lenses, so the light spills 180 degrees. What a flat
panel fixture is, what it means is the lens itself is flat and many times
the lighting source is inside a casing away from that panel. So as a
result the light only has one direction to go and that's down and
slightly out, usually about a 30-degree angle.
So by requiring flat panel lighting, that side spill is greatly
eliminated. And again, flat panel fixtures are one of the Dark Skies
criteria.
Secondly is: All outdoor lights on the perimeter of the project
would have full cut-off shields. That's, Commissioner, I believe what
you're getting at. You can have the light -- if you have a flat panel
fixture in the center of a piece of property it's -- if you will, a cone of
light has an angle to it. When you get to the perimeter of the property,
that's where cut-off fixtures are most important. So all lights on the
perimeter of the project will have full cut-off shields.
Any fixture within 50 feet of a residential property line will be
capped at 15 feet in height. Again, we're stepping up. Or stepping
down, depending how you look at it.
Any lighting to the east of the sales building will be no more than
20 feet in height. And let me -- let me be clear on that area, because in
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the PUD, with the help of the County Attorney's Office, we're able to
clarify that.
What we're talking about is the residents were concerned about
this area right here. For the folks who live on Tannen Lane back here,
yes, there's no lighting for 200 feet, yes there's security level lighting.
But basically all of this lighting back here will be at 20 feet. So we
have the perimeter lights at 15 feet next to residential, and we have
lighting to the rear at 20 feet. The only place in which our lighting
will be 25 feet is in this area of the site up here.
We did a little more work on the buffering, as requested by the
residents. While I think we reached agreement on what we could do
reasonably with the FPL power lines and everything along the north
property line, what they ask is that along the east property line along
Tannen Lane that we do two things: Number one, that we do Laurel
Oaks in that location, and they ask for -- we agreed on a minimum of
12 feet in height at the time of planting. And also they requested it to
be 20 feet on center. That is in the strike-through underlined
document that you have.
The second thing they asked is that we take the fence in that area
and move it back 10 feet from the property line. That way the hedge
and the oaks would have a 10-foot growth area between the property
line and the fence.
We are able to do that without having to fill in a portion of our
lake. So we saw that as a very easy agreement.
Concern about potential pumps for irrigation was brought up. So
we have instituted a requirement that all irrigation pumps be at least
50 feet from residential property lines. Because again, irrigation
pumps are typically similar to a pool pump in size and noise, so being
at least 50 feet away and having a six-foot masonry wall there we
think that is more than adequate sound buffering.
We did add to the length of the eight-foot section of wall, moving
it to the west up to that point A. Previously it was only within the
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15-foot buffer. We've extended it up to point A.
And we've gone a little step further on that wall and indicated
that it will be solid in construction and woodcrete or similar product.
Again, you have to kind of give a picture to folks what it's going to
look like, and there's a discussion about what type of wall is best, but
we thought that this is one that would maintain its look and
appearance over time, not require excessive maintenance and be good
for both parties.
Those are the additional conditions that are not contained in the
ordinance in front of you. As you can see, all of them are concessions
that actually tighten up in areas that we already had a standard that
exceeded the Land Development Code. But that's part of working
with neighbors.
CHAIRWOMAN HILLER: Have you included that as a
strike-through to what we have before us today? Do you have a
separate copy?
MR. HANCOCK: I do indeed. I've -- and again, I have a copy
for the court reporter.
The first change to the PUD document is on Page 2 of 9. The
height limitations that we discussed are reflected here under maximum
height zoned, 30 and 35 feet. That has a footnote number two below
that references the 30 feet as the service and wash and detail areas,
and the 35 feet as the remaining buildings on site.
I do need to offer a correction here. Under accessory use it
should also be 30/35, and I inadvertently crossed through the 35.
Again, the same height limitations for accessory as principal here, but
that is my mistake and needs to be corrected.
Under actual we have 35 and 40, again mirroring the language I
shared with you earlier. And I actually got that one right under
accessory.
The note number two at the bottom is a clarification that the
30-foot height and the 35 actual applies to service and wash and detail.
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And all others would be subject to the 35 and 40 for zoned height and
actual height.
CHAIRWOMAN HILLER: Mr. Hancock, we are going to be
changing our court reporters, so if you could finish the six -- or the
five remaining, then we'll take a break so that they can switch
positions.
In the meantime, if you would communicate with the County
Attorney and make sure he's satisfied with the changes that you're
proposing while we're taking that break so that, you know, we can
accept them, if it's the will of the Board.
MR. HANCOCK: I'll allow Mr. Klatzkow to answer, but I
believe Ms. Cicko has already looked at these and approved them.
MR. KLATZKOW: We're good.
CHAIRWOMAN HILLER: You're okay?
MR. KLATZKOW: Yeah, we're good.
CHAIRWOMAN HILLER: Okay, that's great. I'm glad to hear
that.
Then if you could finish up the five so we can switch out the
court reporter, we'll take a quick break and then come back for the
public's and the Board's comments.
MR. HANCOCK: Yes, ma'am. I'll be as quick as I can without
speaking too fast.
On Item H we have extended the wall, the eight-foot wall to
point A, as opposed to just within the 15-foot buffer. And that is the
change you see there.
Further down on item H, we added the notation that within the
rear buffer adjacent to Tannen Lane that it shall have laurel oaks a
minimum of 12 feet at time of planting and spaced no more than 20
feet apart, and the privacy wall in this area will be set back a minimum
of 10 feet from the property line.
Item K is the irrigation pump shall be a minimum of 50 feet from
the residential property lines.
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Item L is the required wall within the type B buffer shall be solid
in construction, utilizing a woodcrete or similar product.
I'll give you the Reader's Digest version. Outdoor lighting is
everything we just talked about.
That's all the changes that we've proposed, including A and B
were already in the document but they were moved to an outdoor
lighting section of the document, so I underlined them. C, D, E, F and
G were -- is the language. And this is where the Assistant County
Attorney helped, she got the language consistent in there and we
worked with that today and I greatly appreciate the County Attorney's
Office making themselves available at the last minute.
And probably one of the biggest ones is at the bottom there, G.
When you deal with lighting there are a number of variables. But the
standard out there is the 1,000-watt Metal Halide. They are LED
equivalents that have a variety of wattages.
So what we're saying is it will be no greater than 1,000-watt
Metal Halide, the litmus test being we're going to be no more intense
than what you see at Naples Nissan, and quite honestly we're going to
be below that, to give you a real world example. But since you can't
write that into a PUD we had to develop some form of a standard, and
this is the standard that we've arrived at.
And Commissioners, with the exception of an added period or
punctuation here and there, those are the six items as they're contained
in the revised PUD document.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning, would you like to comment before the
break?
COMMISSIONER HENNING: No, I found the answer that I
was looking for. Thank you. You can turn my light off.
CHAIRWOMAN HILLER: Thank you. With that, we will take
a five-minute break -- is that enough for you? A five-minute break to
allow for the exchange of our court reporters, and then we will return
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at 3:10 to continue this hearing.
CHAIRWOMAN HILLER: Thank you. We are back in session,
in case anyone had any doubt. I just wanted to make sure you all
knew we're back in session. I really want you to know, it's a lot of fun
doing this, you know.
COMMISSIONER COYLE: Has Tim Hancock finished
speaking?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER FIALA: I'm hoping so.
MR. OCHS: Ladies and gentlemen, please take your seats.
Remain quiet, please. Sorry, Madam Chairman, go ahead.
CHAIRWOMAN HILLER: Thank you. You have concluded
your presentation; is that correct?
MR. HANCOCK: Yes, ma'am.
COMMISSIONER COYLE: Yes, he's concluded.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER COYLE: Every minute you speak beyond
this point you lose a vote on the BCC.
MR. HANCOCK: I'm out of here.
CHAIRWOMAN HILLER: If I could ask that as you enter you
remain silent. Thank you.
MR. HANCOCK: The only last thing I have is I'd like to
introduce Mr. Tim Zellers to make a few comments.
CHAIRWOMAN HILLER: Thank you.
MR. ZELLERS: Good afternoon, Commissioners. I appreciate
the opportunity. I will be brief because I am not as eloquent a speaker
as Mr. Hancock.
CHAIRWOMAN HILLER: Yes. He kept us on the edge of our
seat for the whole time. I mean, we were breathless with anticipation.
And when it was all over, we were just blown away by the conclusion.
MR. ZELLERS: But for the record, I'm Tim Zellers. I'm the
owner of Tamiami Ford, my family and myself, and also Tamiami
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Hyundai, Tamiami Mitsubishi. I'm a Naples resident -- Florida native,
but Naples resident for 40 years.
Our family purchased the Ford dealership in 1973, and we've
operated it ever since. Originally, we were located on the Tamiami
Trail, and we moved to the Airport Road address about 20 years ago.
We purchased the Hyundai store approximately four years ago in
December of'08 in what was then pretty tough economic conditions in
the car business and otherwise, and we had previously purchased the
property where it's currently housed, which was the former Naples
Nissan. At the time we were using that property as a used car
operation.
And the Hyundai store became available, we purchased it, and it
just made sense to move it in there.
That facility is pretty small. It's 1.9 acres, and I would just say
we've kind of been the -- we've been hurt by our own success. We've
just run out of space.
The Hyundai brand in those four years has been the fastest
growing brand in the United States in -- by any of the major car
companies. And we've been able to parlay that, and our business has
been very good as well, so hence the need to try to move forward and
get a bigger -- you know, a bigger facility.
Real briefly, I would just say, why did we pick this particular
site? Number one, location. We wanted to stay in the Airport Road
corridor and close to our customers. We took a look at where our
customers reside and so forth, and it's far more to the north and, quite
frankly, to the east than it is to the south. So we wanted to stay on
Airport Road, so we felt this was a great site.
Number two, size. To make a commitment like this for myself
and my family, it's a big commitment. We're not chain operators.
We're not public money or all over the country. We are a family-held
company. And to make the move, it's a move that we wanted to be the
right size for probably the next 20 years where we wouldn't go in
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there, have additional success, and then have to go out and look for
more property or expand.
So this is really a move for the future for us. We felt like zoning
basically in place -- talking to Tim and Josh and his people, we felt
like the site, the King Richard's site, having zoning in place, we felt
like it made sense to attempt to put this together because of the zoning.
And then, lastly, it was for sale. There's not a lot of sites in the
10- to 15-acre size that are in a part of town that I would want to be at
operating that are available. So that was really the four reasons.
We didn't touch on employee -- the number of employees and so
forth and what it will do to the economy. When we move, the current
-- where the Hyundai store is at now, we also have Mitsubishi, which
is basically dualled into that; it's a dual operation. Mitsubishi will
move into what is currently the Hyundai store so we won't be winding
that building down. It won't be an empty building. It will be a new
dealership. And, quite frankly, all the employees, for the most part,
will move with Hyundai and will start over with a new dealership for
Mitsubishi.
So we're going to be talking about basically all new hires to
operate that store, which is probably, even initially, 25 to 30 people,
plus when we move to Hyundai, more than three times the size of
what we've got now, it's going to take additional personnel, so --
CHAIRWOMAN HILLER: And you're not coming to the
government trough to ask for money? Congratulations.
MR. ZELLERS: Well, that's probably next week.
CHAIRWOMAN HILLER: Oh, well, I spoke too soon, because
MR. ZELLERS: Are you offering?
CHAIRWOMAN HILLER: No, no. The taxpayers would like
to see their dollars used for public purposes.
MR. ZELLERS: But there are real jobs involved here. And, you
know, a lot of times, you know, you talk about, we're going to grow
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and we're going to add people, and we are going to do that, but we're
really creating a new dealership, and there's going to be people that
are involved in that.
And then again, to what Tim said, we have really done
everything that we could do to go along with the neighbors, because I
do understand that. I've been a resident here for 40 years. You know,
my house used to back up to woods, and I know what it's like as
growth comes. Sometimes progress is regress, and I get it.
But I will say, all the concessions that we've made, I had Tim and
his people explain them. For the most part, I think we took just about
everything and made it work, and I would say to you as a board, I'm
not just saying we're going to do it to go along to get along. I think
everything that we've proposed here and accepted on our part we can
be a successful dealership and operate. It's not going to impede our
business, but it will also make a better -- you know, a better lifestyle
for the people around us.
So some of the things were good ideas that I just never thought
of, so it's -- I would just say that. Other than that, I'd just say, thank
you for your consideration. I wouldn't be a car guy if I didn't say sign
the order, so I'm going to ask you to approve this at the end of the day.
Thank you.
CHAIRWOMAN HILLER: Thank you. We certainly see why
you were successful in the car business.
No. Thank you very much for your kind words, and thank you
very much for contributing to the economic success of Collier County,
not only with these new proposals, but with the existing dealerships
and how many jobs you're supporting as a consequence.
Thank you.
Staff?
MS. GUNDLACH: Good afternoon, Commissioners. For the
record, Nancy Gundlach, principal planner with the --
CHAIRWOMAN HILLER: You've been very busy, Nancy. I
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can tell you've had a lot of projects on your plate that keep coming
forward.
MS. GUNDLACH: Anyways, we are -- staff is recommending
approval of this petition; however, I do have a few things to share with
you.
First of all, on the last page of our PUD document, just a change
to the note on the cross-section exhibit. We would like to reference
Exhibit F for the planting requirements, and --
CHAIRWOMAN HILLER: Could you put that on the overhead?
MS. GUNDLACH: Oh, yes.
COMMISSIONER HENNING: So what is Exhibit G? In my
book landscaping is G.
MR. OCHS: What's G?
MS. GUNDLACH: Oh, okay. Exhibit G, sorry, thank you.
We're just crossing out that note and referencing the landscape
requirements in Exhibit G.
And then also, just for the record, we will require a clean copy of
the PUD with the strikethroughs and underlines removed.
And, just for the record, we did submit a copy of the report of
opposition to the clerk. And I think that is all for staff for today. And
if you have any questions, we're pleased to answer them for you.
CHAIRWOMAN HILLER: And staffs recommendation for the
record?
MS. GUNDLACH: Approval.
CHAIRWOMAN HILLER: Thank you. Any other -- Leo,
anything else --
MR. OCHS: No, ma'am.
CHAIRWOMAN HILLER: -- from your side? Okay.
In that case, there were five public speakers who wanted to speak
after Mr. Hancock's presentation. Can you bring them forward,
please.
MR. MILLER: Certainly. Your first speaker is David Pezullo.
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He'll be followed by Steve Utz. If you could alternate podiums so we
could move quickly, please.
CHAIRWOMAN HILLER: Just call all the names and have
them all come up, please.
MR. MILLER: David Pezullo, Steve Utz, Ken Paa, Larry Day
and -- I'm sorry, it was four. Those were the four that wanted to
follow.
CHAIRWOMAN HILLER: Please, sir, if you would come to
this other podium so we can get started.
MR. MILLER: Mr. Pezullo?
MR. PEZULLO: Thank you very much. I believe Mr. Day is
ceding me three of his minutes. This will be about a five-minute talk
from the committee.
CHAIRWOMAN HILLER: In that case, Mr. Day, you don't
need to come up. Thank you. You can go right back. Thank you.
MR. PEZULLO: Thank you. For the record, my name is David
Pezullo. I am a member of the committee that was appointed by the
Walden Oaks HOA board to address the Top Hat application.
We, in consultation with our residents, have searched for a
legitimate legal means to block this application. At the same time, we
have negotiated with Top Hat reps to get critical concessions that
would make a fully operating C4 usage next to us on two sides livable
if we were not able to block it.
Let me be honest, what we have wanted is to have this
application rejected along with any C4 use and have this board work
to downgrade the zoning of the Princess Park property into greater
consistency with the residential and like commercial on the east side
of Airport Road.
This is what we want. That is what would be best for us and for
the development of the area, we believe.
We have spoken to lawyers, expert county officials, investors,
whoever was willing to listen to explore this avenue. We have tried to
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find a way within the law that would hold under appeal. We have to
report that we have found no solid legal basis to do this. We wish we
had. If anyone on this board or in this audience has found one, please
present it.
Looking to the future, we respectfully recommend that this
county review the new use clause in the Growth Management Plan so
that this situation where, legally, full-use C4 is established next to
residential is remedied. This provision that brings the word of the law
into conflict with the spirit of it makes for spotty zoning that can only
hurt development of this county.
But given that the Growth Management Plan reads as it presently
does, we ask that this Board of Commissioners do what it can to
protect the key concessions that will make the oddity of C4 abutting
residential, us, on two sides, livable.
You're probably aware that very few at Walden Oaks welcome a
car dealership next door, but we have had to face that possibility head
on. We, in the -- we, in consultation with our residents, through two
special information meeting, an info sheet distributed door to door,
website postings, et cetera, have negotiated with Top Hat to get vital
concessions to assure that if a dealership were to move next door, our
community pool would not be overwhelmed by noise from car wash
blowers, the new dealership would not be an eyesore from our
property, and our home values would not be eroded.
We have negotiated within the framework of the Planning
Commission to make the best of the situation. We have many people
to thank for helping us to learn the facts, understand the process, and
negotiate the best deal we can get in a respectful and civil manner.
First, we want to thank our commissioner, Georgia Hiller of
District 2, since when we first consulted with her in the early fall to
explore ways of stopping this application, she has been unfailingly
frank and direct. From the start she said she would help us in any way
she could, but unless there was some solid legal rationale to block the
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application, she could not vote against it even if we wanted her to.
She has helped us in the most important way, always being
available and always telling us the truth rather than what we wanted to
hear.
The chairman of the Planning Commission, Mark Strain, has
gone way beyond the call of duty to help us. Not only did we benefit
from his diligence and rigor, but with impartiality he helped us face
the facts and get the most we could from the system designed to feed
agreements. He has met with us, informed us, advised us, come to
informational meetings at Walden Oaks clubhouse attended by over a
hundred residents, and fielded questions and clarified the trade-offs,
making clear he understood our concerns.
We have to thank you, Mr. Zellers, who has stayed true to his
reputation as a fine corporate citizen able to keep sight of the longer
view.
Top Hat reps have been unfailingly professional. Through all our
demands for information and concessions, and they were pretty much
endless, they were civil and direct. They were able to step in our
community's shoes to focus on the concessions that would help us
most so that we were able to press for those concessions that would
benefit us most while costing them less.
They and Mr. Zellers understood that we wanted to stop this, but
rather than take offense at our two-pronged effort, they negotiated in
good faith, just as we were up front throughout.
Likewise, our neighbors, hundreds of whom we have met with at
informational meetings or by the pool, along our byways, in front of
the garages, or by Internet, they had offered their advice, suggestions,
encouragement, and shared their experience and research.
The key has been that while they have challenged our logic,
questioned what was presented as fact, they did so in a civil manner
and in measured tones. These conversations improved our thinking,
obliged us to dig deeper into facts, and made us all better
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representatives of the community or the common interest.
With very few exceptions, our neighbors have been willing to
discuss this emotional issue in a civil fashion toward the best solution
we could find together. This is very significant. We live in a time
where differences are exploding into conflict, the social fabric is being
ripped apart by personal acrimony and accusation.
We need to discover the -- rediscover the virtues of civility,
measured conversation, considering the opposing perspectives,
searching for the common ground that turns differences of culture or
generation, perspective of personality into agreement. That makes us
all better.
Socrates once said that the more you engage in the world, the
public arena, or marketplace, the more you must learn about yourself
and, likewise, the more you learn about yourself, the more you're
obliged to recognize and fulfill your responsibilities as a citizen.
All in this process have stayed true to the proverb, "Better light a
candle than damn the darkness."
Thank you all.
CHAIRWOMAN HILLER: That's it. Between you and Zellers,
I have tears in my eye, all right, bottom line.
And I'll tell you what else Socrates said -- and this is absolutely
true -- the definition of justice is giving everybody what they deserve.
MR. PEZULLO: Correct, thank you.
MR. MILLER: Madam Chair, your next speaker, Steve Utz,
followed by Ken Paa, and the fifth name I misplaced was Paul
Boileau.
UNIDENTIFIED SPEAKER: Boileau.
MR. UTZ: Good afternoon, Commissioners. My name is Steve
Utz. I don three hats over in Walden Oaks. I am the president of the
master board, I am president of the Huntington Homeowners
Association, and I am a homeowner there.
As president of the master board, we -- when we first heard of
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this petition, we all were against it, and we still stand firm with that.
As the Huntington Homeowner Association president, we have
endured over the last, in my 14 years, the noise from the rides, the
noise from the kids, the noise from the go-carts, the smell from the
go-carts. Halloween Fright Week is right directly next to us where we
have endured chainsaw, screaming, all kinds of incredible stuff.
And as a homeowner, I have walked around in King Richard's,
and there will be no love lost between -- if we see it go.
So I -- we're not really enamored with the car lot, but being the
situation that it is, we have to make lemonade with lemons.
CHAIRWOMAN HILLER: And you're happy with the
concessions that have been made?
MR. UTZ: Yes.
CHAIRWOMAN HILLER: You feel protected?
MR. UTZ: Yes, ma'am.
CHAIRWOMAN HILLER: Okay. That's very important to
hear. So you accept the car wash (sic) as it's being proposed with all
the amendments that were brought forward through today?
MR. UTZ: The car wash or the dealership in whole?
CHAIRWOMAN HILLER: I'm sorry. The dealership, the
dealership, yeah.
MR. UTZ: Yes.
CHAIRWOMAN HILLER: Okay. Thank you very much.
MR. UTZ: Thank you.
MR. MILLER: Your next speaker --
CHAIRWOMAN HILLER: And, by the way (hand gesture,
thumbs down.)
MR. UTZ: Go Gators.
MR. MILLER: Your next speaker is Ken Paa.
CHAIRWOMAN HILLER: If you ever want to kill a vote in the
future.
MR. MILLER: Ken will be followed by Paul Boileau.
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MR. PAA: Good afternoon. I just want to thank my committee
for going through the process and establishing the facts and so forth
that we did not know previously, and we tried to do the best we could
to defeat it but, unfortunately, we couldn't.
And I just want to thank everybody -- everybody that we dealt
with and the cooperation to come to this conclusion, and I do accept
the concessions.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is Paul Boileau, to be
followed by Dustin --
CHAIRWOMAN HILLER: How many additional speakers do
we have?
MR. MILLER: I have four others.
CHAIRWOMAN HILLER: So why not call them all up again.
MR. MILLER: Okay. Mr. Boileau?
MR. OCHS: He wants to be last.
MR. MILLER: He wants to be last, okay. So we'll go with
Dustin Routerkrantz. He'll be followed by Mr. Mendozzi. We'll go
with that. And he'll be followed by John D'Angelis, and then Howard
Williams.
MR. ROUTERKRANTZ: Good afternoon. For the record, my
name is Dustin Routerkrantz.
How's everybody doing this afternoon?
COMMISSIONER FIALA: Good.
CHAIRWOMAN HILLER: Awesome.
MR. ROUTERKRANTZ: It's good to be here. I want to first say
thank you for giving myself an opportunity to speak on behalf of such
a wonderful company to work for here in Southwest Florida.
Unlike many of the residents in this city known as paradise, I've
had the privilege of being born and raised here in Naples. I grew up
right here in East Naples. And from what I hear, it's hard to find a
good old Napoleon these days, but that's who I am.
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I love this community and everything it has to offer for my
family, my wife, my three kids, and I love doing business with
companies that support their community. Tamiami Hyundai is one of
those companies.
I started my employment with Tamiami Ford back in 2007 in the
capacity as a service advisor. In December 2008, we purchased
Hyundai and Mitsubishi from O'Brien Company, and in 2010 I came
on board first as an advisor for Mitsubishi and then as an advisor for
Hyundai.
I've always enjoyed helping people; that's why I am part of the
service department. Nothing gives you the satisfaction you receive
from when you're able to exceed a customer's expectations and turn
their day around after fixing their vehicle.
In today's society we rely on our vehicles. For the most part, we
can't live without them. That's why I take my job so seriously.
Because I take my job so seriously, it's very troublesome when we're
overwhelmed during morning rush and throughout the day because we
are just -- we're out of room. We're out of room to grow. We're at
max capacity. It's not uncommon to run out of parking sometimes by
9:30 in the morning, have a completely full waiting area.
We currently employ 11 full-time technicians, and we're part of a
job shadowing program through Vo Tech, local vocational school.
During any given month, it's common to find several students from Vo
Tech working beside our technicians learning. As a matter of fact, five
of the 11 technicians we currently employ are graduates of that
program.
We continue to hire technicians straight out of the program
immediately after graduation, and we enjoy watching them become a
great asset to the Tamiami family.
Now, I called Tamiami a family because they've created an
atmosphere worthy of that title. I look forward to our big Christmas
luncheon every year. We have all the employees bring their families
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or children out, clear the showroom, set up tables, and it's very
common to find Mr. Zellers and his family behind the tables serving
the employees. It's a family.
This last month I was -- I needed to perform -- or I was actually
working on a project that required me to hand out surveys to our
technicians. It was one question: What made you come to work for
Tamiami? And, you know, you had your usual answers, I needed a
job, the pay was good, but I was amazed at how many technicians said
they heard great things about Tamiami and great things about working
for the Zellers family, and they wanted to be a part of that.
The new facilities, we're going to be able to increase our service
bays, as mentioned, from 13 to 37. This means we're expanding our
number of technicians and parts and service personnel, and we'll have
positions for approximately 15 to 20 new hires at that facility for
service alone.
We'll be hiring a full on-site office staff with about four
employees. Since Mitsubishi sales and service -- this has all been
stated before -- is staying where Hyundai building was, we'll have to
replace everybody. They stated before, 40 to 50 new hires. It's really
going to provide something for the community there.
With the increased space, we'll be able to better accommodate
our customers on a day-to-day basis, providing with the -- providing
them with the quality of service they deserve.
One of customers most desired additions is what's been talked
about so much is that car wash. It's a small request, but all of our
customers that mean so much to them, it's going to be great to be able
to wash each one of their vehicles as it comes through the service
facility.
CHAIRWOMAN HILLER: Okay. Your time is up.
MR. ROUTERKRANTZ: Okay.
CHAIRWOMAN HILLER: But thank you. I mean, we could
keep going on and on, and I think we got the message loud and clear.
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MR. ROUTERKRANTZ: Thank you.
CHAIRWOMAN HILLER: The board would like an invitation
to the Christmas dinner. I would like to be served by Mr. Zellers,
okay. I'd like to see that happen. Mrs. Zellers can take the day off.
She's cool. But him, I'd like to see him dishing out the turkey.
MR. ROUTERKRANTZ: Perfect.
CHAIRWOMAN HILLER: And to everyone in Walden Oaks.
MR. MILLER: Your next speaker is Mr. Mendozzi, to be
followed by Mr. D'Angelis.
MR. MENDOZZI: Good afternoon. My name is Remy
Mendozzi, and I'm also a native.
CHAIRWOMAN HILLER: Congratulations.
MR. MENDOZZI: So -- no. I am a citizen, though.
But I wanted to -- I appreciate the commission, the opportunity to
speak on behalf of Tamiami Hyundai. I moved to Naples in 1998, and
in 2009 I joined the Tamiami organization. I've known Mr. Zellers for
many years, and his reputation precedes him.
When I joined the organization, I didn't do it because I needed a
job. It was an opportunity, and I wanted to work for this organization.
I found it to be very ethnic diverse. We have employees from many
different countries; Cuba; Argentina, myself; we have Dominican
Republic; we have Kansas; Boston.
CHAIRWOMAN HILLER: Czech Republic?
MR. MENDOZZI: We have many different countries.
CHAIRWOMAN HILLER: The Czech Republic?
MR. MENDOZZI: Czech Republic.
CHAIRWOMAN HILLER: Okay. That works.
MR. MENDOZZI: What I like about working for the
organization, it's like Dustin saying, it's the family atmosphere, but
also I'd like to mention to the commission that the expanding that we
are asking, we need it because at the moment we are selling over a
hundred cars from a location that only allows us to park 80 cars. So
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they need to have more space for the comfort of our customers. It is
imminent.
Right now we have one set of bathrooms for all employees,
customers, sales customers, and service customers. We also have only
one waiting room for service customers as much as for sales
customers. So the need for expansion, I feel that it's necessary to
continue in the path.
And, also, the fact that we are going to be creating new jobs, like
we said; the location will be actually replaced by the Mitsubishi
franchise right now. They will employ all new employees. So that's
why we ask -- I ask the commission to consider the approval of this
project.
CHAIRWOMAN HILLER: Thank you.
MR. MENDOZZI: Thank you.
CHAIRWOMAN HILLER: Based on your description, I think
we should have the county manager send out code enforcement to
your current facility.
And I really have to introduce some humor into these hearings
because, otherwise, they are, like, so long and boring that I don't think
any of us would survive, so --
MR. MILLER: Your next speaker is John D'Angelis. He'll be
followed by Howard Williams.
MR. D'ANGELIS: Good afternoon, Commissioners. For the
record, John D'Angelis.
I represent the association of owners at Willow Park, which is the
adjacent business park. I own three of the parcels that abut the parcel,
King Richard's, and several businesses there we've been operating for
the last 16 years, and 11 at that site.
I think it's in order to say thank you to all of you who have made
a significant difference, you, commissioners, and your staff, in the
business environment in Collier County in the last couple of years. It's
been noticed by the business industry, the -- from permitting through
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-- you know, just the overall atmosphere has been one of assistance.
So we're very grateful for that.
I know that there's a lot of competition for jobs right now, and
that's been the -- that's been the, kind of, rule that has been very
important.
So as our neighbors to the north have just reduced impact fees by
80 percent this morning, I think it is very important that we send a
clear message that families of integrity like the Zellers family that
have been in business for 40 years, that we do want them to stay here,
we do want them to grow. And when I look out at these folks that are
sitting here with the Tamiami Hyundai shirts on, I'm sure that the folks
that would love to be here in this room if they could are the dozens of
people who are not yet employed at Tamiami Hyundai but will be.
So I think that these folks are representing those that aren't yet
here. So on behalf of my business interests and the association of
owners, we're in full support of this. Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next public speaker is Howard Williams.
He'll be followed by your final speaker, Paul Boileau.
CHAIRWOMAN HILLER: And were is Paul?
MR. BOILEAU: I'm coming.
CHAIRWOMAN HILLER: Oh. All right, hi. Come on up, or
come on down.
Yes, sir.
MR. WILLIAMS: I'm Howard Williams. I've been a resident of
Walden Oaks for about 15 years. I would just much rather see a car
dealership than the amusement park that's there right now.
CHAIRWOMAN HILLER: I completely understand that.
MR. WILLIAMS: Especially one that's going to be -- it's going
to be run by this organization like Mr. Zellers.
And I feel with that wall, with the 8-foot wall and the additional
foliage, we'll have the privacy and security we need. And I really
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didn't think about it, but I'd really like to see 40 or 50 people coming
back to work.
CHAIRWOMAN HILLER: Yeah, totally agree. Thank you.
MR. MILLER: Your final speaker is Paul Boileau.
MR. BOILEAU: Good afternoon, Commissioners. I'm Paul
Boileau, resident, representing Walden Oaks, and to be precise,
Tannin Lane in Huntington where the car dealership will be bordering.
After being heavily involved in the decision with the Toll
Brothers, the Pulling golf driving range, Naples View, and now Top
Hat dealership, I find the project very challenging, very much
surprised with the zoning.
As I look in depth, I personally was unable to find a better fit at
this time. All homeowners -- all homeowners felt from the beginning
this project would not be a good fit. As we worked our way through
the process, we found no solid legal grounds for rejecting the auto
dealership, Top Hat Auto, application for rezoning at Princess Park.
This is the first we knew -- this is the first we know about
property lines abutting each other for residential and auto dealership.
This is a very hard thing to swallow, but reality comes first. Many
hours, days, weeks have gone into this project to make every
homeowner in Walden Oaks feel comfortable under this situation.
We at Tannin Lane have accepted the facts presented to us and
are ready to move forward. We are the ones that will take the biggest
hit as far as seeing, hearing, and smelling it.
Exhibit A, I'd just like to show you people the location of the
homeowners favorable to the proposed Top Hat Auto dealership.
I just want to point out here, in the yellow is where the proposed
auto dealership is going to be. And if you look right to the right of it
where I circled in. red, is where Huntington homeowners are located.
So it just gives you an idea where -- we are the ones that it's -- actually
closest to the project.
One issue to mention is traffic in and out of Princess Park. Over
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the years traffic has not been a problem, only because King Richard's
was not successful. With the possibility of the auto dealership
locating, the intensity will be much greater, resulting in a nighttime
(sic) for Walden Oaks residents entering Airport Pulling. This must
be fixed and assure safety.
Mr. Zellers and his associates have worked with us, Walden Oaks
Committee, to assure us minimum impact to see, hear, and smell. I,
along with the committee, feel comfortable this has been 90 percent
accomplished, and we want to thank all involved.
At Tannin Lane, we have 49 homeowner units that constantly
hear the noise of King Richard's amusement park. We live hearing
this day and night and throughout many years.
Indications are we have close to 95 percent of the residents on
Tannin Lane affected by the proposed car dealership as long as no
hear, see, or smell (sic). They will work providing the traffic situation
is worked out. The time now is ripe to see daylight, the new venture,
that will help us on Tannin Lane and throughout Walden Oaks.
You have heard the concessions Top Hat has committed to
Walden Oaks, and I ask you to implement in concrete to the PUD. If
you elect to reject the applicant, most likely, under appeal, that
decision will be very -- likely be overturned. This would leave us
without key concessions, particularly regarding sound pollution from
car wash near our community pool that we have carefully negotiated
with Top Hat in consultation with our residents. That would be a
terrible outcome for all concerned.
This neighborhood does not welcome a car dealership next door,
but we have the responsibility to face the facts. We on the board and
committee have a particular responsibility to do what's best for the
residents, as we did throughout the process, by informing and
consulting our residents.
Commissioners, please don't reject this application. Even though
it is no solid legal back of the do so (sic).
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March 12, 2013
Thanks for your time and energy throughout this process.
CHAIRWOMAN HILLER: All right. Thank you very much,
Paul, and you can join the ranks of the other people that brought tears
to my eyes. Thank you.
MR. BOILEAU: Thank you.
CHAIRWOMAN HILLER: I really want to commend Top Hat
and Walden Oaks for negotiating and coming to concessions which
were mutually agreeable in everybody's best interest. You guys have
done an outstanding job. I mean, really. It's amazing how much this
project has changed from the day it was first brought to me and how
much time and effort went into pulling this together.
So I would like to make a motion to approve.
MR. OCHS: Commissioner, I'm so sorry. We have one revision
CHAIRWOMAN HILLER: Again?
MR. OCHS: -- from our prior comment that we have to correct
for the record.
MS. GUNDLACH: Just wanted to correct --
CHAIRWOMAN HILLER: This is number, let's see, 26. We
were at 21 plus six, 27. Are we at 28 now or 29? I mean --
MS. GUNDLACH: All we want to do is just correctly reference
Exhibit F on the notes in the landscape cross-sections. That's all.
CHAIRWOMAN HILLER: All right. Thank you. It's like
alphabet soup. Thank you very much.
All right. With that, we have several commissioners who'd like
to speak, but I'd like to put a motion on the table that we approve this
application as presented.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: When did the King Richard's
close? Has it been closed for a while?
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March 12, 2013
CHAIRWOMAN HILLER: No, it's not closed. It's open.
COMMISSIONER FIALA: They're not closed.
COMMISSIONER HENNING: Still open. Oh, okay.
CHAIRWOMAN HILLER: In other words, if you want to go
and catch a few rides with your son --
COMMISSIONER HENNING: Yeah, I know.
CHAIRWOMAN HILLER: -- before Top Hat -- and then after
that, once they close, you can go buy a new car.
COMMISSIONER HENNING: Well, that would be very nice;
however, the -- yeah. The present use and -- the proposed use is lesser
intense --
CHAIRWOMAN HILLER: Correct.
COMMISSIONER HENNING: -- than what's there today, and
the concessions that the Zellers family gave is above and beyond what
we could have asked for.
CHAIRWOMAN HILLER: No question.
COMMISSIONER HENNING: So I commend everybody,
including the residents of Walden Oaks, and I obviously support the
motion.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I support the motion as well.
I have -- I've thought a lot about the situation, I've watched it develop
and, actually, I've made two personal visits to the Walden Oaks
community and to King Richard's so I could personally view what is
existing there and what was going to happen with Mr. Zellers' project.
And, likewise, other comments that have been made, I thank
everybody for working together. You know, we've had two -- we've
had two projects today that started out being very contentious and, I
think, had a very, very good outcome.
I'm going to say two things that encourage me very much, and I
want to make these remarks not only to the petitioners and their agents
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March 12, 2013
who have done a wonderful job, but also to county staff.
I think the use of dark skies lighting is a wonderful thing that's
very underused in Collier County. I think it's a wonderful tool to help
make our commercial uses compatible, and I think everybody should
get on board a little more with that and look to that as a very good
solution that helps everybody. out.
And the second thing is landscaping, which was a major factor, I
think, in discussions on this project. Everybody has to remember that
landscaping in Collier County has three purposes. One of them is to
restore an environmental circumstance or have an environmental use,
the second thing is to make things beautiful; in other words, to be
ornamental.
And the third thing is to solve problems, and that is to buffer
noise and light. And I think as we look forward to our -- developing
our landscaping requirements and our codes, we need to take a look at
situations like this where we need to give a little more latitude for
problem solving and make it much easier for the petitioners to
accommodate the homeowners not only by meeting codes, but by
having the latitude to work with existing situations for even a better
result that's cheaper and better for everyone.
With that, I will say that I certainly support the -- I support the
motion. Thank you very much.
CHAIRWOMAN HILLER: Thank you.
And I agree with respect to landscaping, that that's very clearly
something that needs to be considered in light of the considerations.
Also, with respect to light and noise, we need to do everything in our
code to ensure that whatever is developed in Collier County does not
result in light or noise ever becoming a nuisance to adjacent property
owners, regardless of the use being proposed. So you're absolutely
correct.
There being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
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March 12, 2013
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. ANDERSON: Thank you.
CHAIRWOMAN HILLER: You know what, all the people who
are employees here, why don't you-all stand and be recognized. I
mean, you all took time off work. I hope you're being paid. Thank
you.
(Applause.)
CHAIRWOMAN HILLER: That's really awesome.
MR. MITCHELL: Just real quick. I was supposed to speak, and
I didn't because --
CHAIRWOMAN HILLER: Are you opposed to the project?
MR. MITCHELL: No, no. I want to just say --
CHAIRWOMAN HILLER: Then you're okay.
MR. MITCHELL: My name's Wayne Mitchell, and I've been
there 25 years.
CHAIRWOMAN HILLER: That's great.
MR. MITCHELL: And I want to tell you that the concessions
and all the things done aren't just for the people that work (sic) at
Walden Oaks. It's because that's the way Mr. Zellers is.
CHAIRWOMAN HILLER: That's wonderful.
MR. MITCHELL: And that's the way the Zellers family is. So
we want to thank you. And I wanted to say to you, Madam Chair,
when you brought up the traffic light thing with the white light, bravo.
CHAIRWOMAN HILLER: Thank you.
MR. MITCHELL: So from now on, everyone, when we see an
emergency vehicle with a white light, we're going to think of you and
the commissioners.
CHAIRWOMAN HILLER: Thank you. Thank you very much.
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March 12, 2013
Thank you.
(Applause.)
CHAIRWOMAN HILLER: Thank you very much.
I do want to say one thing. The residents of Walden Oaks have
expressed a concern about ingress and egress from their development,
unrelated to this development, but just in general, and the county
manager is working with staff to look at the timing of the signal lights
and the -- of the signals and the manner in which they're changing to
see what we can do to improve the residents' ability to get in and out
of their community.
So that is being looked into, and that's a completely separate
project that we're going to be addressing. So know that staff is on
that. And if you have problems down the road after staff corrects it,
let me know so that we can continue investigating what needs to be
done to make it easier for you guys to get in and out of your
community. And thank you all for being here today.
And are you all from Walden Oaks? You need to stand up, too.
And I just want to know who was paying your time or not paying your
time. There you go. Thank you very much for being here today.
Thanks.
(Applause.)
CHAIRWOMAN HILLER: Do we want a break? Do you want
a break or not? Do you want a break? Okay. That's fine.
COMMISSIONER COYLE: I'm all ready to vote on the next
Item.
CHAIRWOMAN HILLER: The next item is?
COMMISSIONER COYLE: 10I.
Item #10I
ESTABLISHING A POLICY LIMITING THE ACCEPTANCE OF
ANONYMOUS COMPLAINTS FOR CODE ENFORCEMENT
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March 12, 2013
AND DOMESTIC ANIMAL SERVICES CODE VIOLATIONS —
APPROVED
MR. OCHS: Madam Chair, that takes you to 10I on your
agenda.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: If I could ask you to remain silent.
Ladies and gentlemen, if I could ask you to remain silent as you're
exiting. Thank you.
101?
MR. OCHS: Yes. Madam Chair --
COMMISSIONER COYLE: Move to approve.
MR. OCHS: -- it's a recommendation to establish a policy
limiting the acceptance of anonymous complaints from code
enforcement and Domestic Animal Services code violations.
Commissioner Henning has brought this item forward at the
request of the board.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I really have to thank Mike
Sheffield and the county staff for working on this. They tweaked this,
and I think it's much, much better to where an anonymous complaint
can be lodged if there is a health/safety concern. However, if it -- staff
has determined it's not, they can also make an anonymous complaint
through the commissioner of the district where the property resides,
and that commissioner may or may not take it to the code
enforcement.
CHAIRWOMAN HILLER: Got it.
COMMISSIONER HENNING: That's basically it.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Thank you.
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March 12, 2013
Commissioner Nance?
COMMISSIONER NANCE: Yes. I just have one thing that I'd
like to mention on No. 2, which is the staff investigation of
anonymous complaints.
I completely support the phrase where it says "catastrophic
consequences to citizens, animals, or the environment," but I'm afraid
that allegations of animal neglect and abuse is going to be a situation
where the exception to the rule swallows the rule.
COMMISSIONER HENNING: Well, let's try it out.
COMMISSIONER NANCE: You want to try it?
COMMISSIONER HENNING: Yeah, let's try it.
COMMISSIONER NANCE: Okay. I will -- I'll support it,
Commissioner Henning. I just had a little concern about that, because
I didn't want it to go back to where we -- you know, go back to where
we were to begin with.
CHAIRWOMAN HILLER: And if I may comment. I like
Commissioner Henning's suggestion that we try something out.
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: And we should have -- I think,
Commissioner Henning, could you bring this back in, like, two
months or three months after it's been implemented and report to us if
you see it working or if-- Commissioner Nance, you tell us.
COMMISSIONER NANCE: I agree. That's fine.
CHAIRWOMAN HILLER: Then we can revisit it. Because, you
know, we have to -- law lives, so every time we do something, we try
to evolve and get better. There's nothing --
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: -- no guarantees that it's the best yet.
COMMISSIONER HENNING: Only -- how often do you want
to meet, Amanda?
MS. TOWNSEND: Monthly would be great.
COMMISSIONER HENNING: Okay.
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March 12, 2013
CHAIRWOMAN HILLER: This is kind of like the one-way
communication I had with Coyle on Valentine's Day where we were
going to have our secret rendezvous.
COMMISSIONER HENNING: No. This is strictly business.
CHAIRWOMAN HILLER: Right, yes, sir. Sir, yes, sir.
All right. We have a motion. Do I have a second?
MR. OCHS: You have one, right?
COMMISSIONER NANCE: Second. You have a second?
CHAIRWOMAN HILLER: I'm sorry. Forgive me.
COMMISSIONER FIALA: I think you had a motion and a
second here.
CHAIRWOMAN HILLER: All right. There being no further
discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
I keep wanting to hit the gavel.
Item #1 1 A
DIRECTION ON A PROPOSED LAND DEVELOPMENT CODE
AMENDMENT TO THE COMMERCIAL TWO AND THREE
ZONING DISTRICTS TO ALLOW EXISTING STRUCTURES
WHICH EXCEED SQUARE FOOT LIMITATIONS TO BE
OCCUPIED BY SIMILAR USES THAT HAVE EQUAL SQUARE
FOOTAGE LIMITATIONS AS THE ORIGINAL USER WITHOUT
HAVING TO GO THROUGH A CONDITIONAL USE —
APPROVED
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March 12, 2013
MR. OCHS: That takes us to 11A on your agenda. It's a
recommendation to provide direction on a proposed Land
Development Code amendment to the Commercial 2 and 3 zoning
districts to allow existing structures which exceed square-foot
limitations to be occupied by similar uses that have equal
square-footage limitations as the original user without having to go
through a conditional use.
Mr. Bosi will present.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER NANCE: Second.
MR. MILLER: Madam Chair, I have one registered public
speaker on this item.
COMMISSIONER COYLE: He just waived.
MR. MILLER: He's waiving.
CHAIRWOMAN HILLER: Are you waiving? In other words,
are you just waving at us or waiving your right to speak?
MR. ANDERSON: Both.
COMMISSIONER NANCE: Always the diplomat.
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: All right. Mike, could you just very
briefly, in plain English, say what this means --
MR. BOSI: Sure.
CHAIRWOMAN HILLER: -- because I think the community
needs to understand what we're approving here today.
MR. BOSI: Mike Bosi, Interim Director of Planning and Zoning.
Madam Chair, Commissioners, this really deals with existing
structures in your Commercial 2 and Commercial 3 zoning districts.
Both of those districts have specific square-foot limitations upon what
uses can go in as permitted uses and when those -- those square-foot
limitations are exceeded.
The example of this is the retail-square-foot use is 5,000 square
feet. Anything above 5,000 square feet requires a conditional use.
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March 12, 2013
There are structures out in existence that exceed those
square-foot limitations. Their uses have been discontinued for over a
year; therefore, they lose their status. A new like use, another retail
use could not occupy that existing structure unless they were going
through a conditional use.
This is one of those areas where we're trying to get our Land
Development Code up to par with redevelopment and reuse of the
existing structures.
CHAIRWOMAN HILLER: And this also -- and I spoke to the
county manager about this, but I want to reconfirm. This also will
allow for lifting of the size limitation where we have, like, in Category
C, where we have, you know --
MR. BOSI: No, it won't.
CHAIRWOMAN HILLER: That won't do that?
MR. BOSI: For new uses, for new buildings to be constructed
beyond those express limitation of the 5,000 square foot --
CHAIRWOMAN HILLER: Right.
MR. BOSI: -- those still -- those are -- we have marked that
within the next LDC cycle to bring back recommendations to the
board as to appropriateness of the square-foot limitations or whether
the board would like to waive those.
CHAIRWOMAN HILLER: So that is going to be revisited,
because we have a problem, like I said, with -- I mean -- and this is a
simple example, but a general store and a CVS, they're really both
doing the same thing, with the exception CVS gets 15,000 feet, and
the general store gets 5,000. So you're going to come back and adjust
that?
MR. BOSI: Caroline Celik, our LDC Administrator, through
coordination with Mr. Casalanguida, we have had -- that is one of the
top issues as part of the next LDC cycle.
But this issue was affecting an individual structure that's sitting
vacant on the East Trail with a potential user to move in there.
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March 12, 2013
CHAIRWOMAN HILLER: Sure.
MR. BOSI: The effects have already been amortized by the
neighborhood. It doesn't make sense to allow that parcel or that
structure to remain vacant.
CHAIRWOMAN HILLER: All right. Commissioner Fiala
would like to speak, and then Commissioner Henning.
COMMISSIONER FIALA: Thank you. I just think it's a real
common-sense thing that we should have probably done a long time
ago. I'm glad to see that we've come aboard now to do it now. And if
I could have, I would have made the motion. But as long as I can't, I
think it's wonderful.
MR. BOSI: Thank you.
CHAIRWOMAN HILLER: Who made the motion?
COMMISSIONER COYLE: Me.
CHAIRWOMAN HILLER: Could you give it up and let
Commissioner Fiala do it --
COMMISSIONER FIALA: No, that's all right.
CHAIRWOMAN HILLER: -- because this is near and dear to
her heart.
COMMISSIONER COYLE: I don't care.
CHAIRWOMAN HILLER: I mean, this is an emotional issue
for her.
COMMISSIONER FIALA: No, I think I'll get over it.
CHAIRWOMAN HILLER: Okay. We'll let you -- we'll let you
take her thunder. I mean, seriously. Poor girl. I mean, you know, next
time be faster --
COMMISSIONER COYLE: Well, she can -- if she wants to
make a motion, she can. I'll vote against it.
CHAIRWOMAN HILLER: Well, I think we're going to have a
4-1 vote then, so go ahead.
COMMISSIONER FIALA: No. You've got a motion and
second.
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March 12, 2013
CHAIRWOMAN HILLER: That's fine.
COMMISSIONER FIALA: I think you have somebody else to
talk.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Thank you. I think in addition
we're asking to recognize the sporting goods store is allowed in a
particular property in East Naples.
MR. BOSI: Yeah, in that second -- and Mr. Anderson had just
reminded me or asked me to expand. This would allow for a sporting
goods store or any other like retail store to occupy that existing
structure while we're in the progress of updating our LDC so they
wouldn't have to wait for that LDC amendment to go forward. So a
zoning-in-progress action would be authorized by the Board of County
Commissioners, as Commissioner Henning has pointed out.
CHAIRWOMAN HILLER: Does the motion have to be
amended to include that?
COMMISSIONER HENNING: It's in our executive summary.
The only thing is, the recommendations are not quite -- explains that,
so that's why I wanted to bring it up.
And I -- is it true that the SIC code for the sporting goods store is
not in the code to allow it? Is that 5941? You probably don't even
remember that.
MR. BOSI: I believe there's a grouping of apparel, retail
apparels that -- the sporting goods store, I believe, is within that range,
but I'll have to confirm that.
COMMISSIONER HENNING: Yeah. But it's an appropriate
use within a C3.
MR. BOSI: The like general retail uses.
COMMISSIONER HENNING: Correct.
MR. BOSI: Any one of those, because we have -- within the C3,
we specify individual retail uses. But any one of those retail -- they
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March 12, 2013
all have the same square-foot limitation of 5,000 square feet. So any
retail use with that 5,000 square feet would be allowed to move in as a
permitted use.
COMMISSIONER HENNING: Right.
MR. BOSI: And thank you for the clarification, Commissioner.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: There are no public speakers?
(No response.)
CHAIRWOMAN HILLER: No further discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. ANDERSON: Thank you.
Item #11D
ESTABLISHING A NEW POSITION CLASSIFICATION AND
SALARY RANGE ASSIGNMENT FOR COUNTY COMMISSION
STAFF MEMBERS AND APPROVE A FINAL FLOOR PLAN
FOR THE BCC OFFICE - MOTION TO APPROVE FLOOR PLAN
OPTION #2 W/MODIFICATIONS — APPROVED; MOTION TO
CONTINUE THE CLASSIFICATION AND SALARY RANGE
ISSUE AND INDIVIDUAL BUDGET INFORMATION TO THE
NEXT MEETING — APPROVED
CHAIRWOMAN HILLER: The next item is, I believe, 11D.
MR. OCHS: Yes, ma'am. The item we've all been waiting for.
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March 12, 2013
Recommendation to establish a new position classification and salary
range assignment for County Commission staff members and to
approve a final floor plan for the BCC office.
Ms. Price will present.
MS. PRICE: Good afternoon, Commissioners. Len Price,
Administrative Services Division Administrator, for the record.
What can I answer for you? We've provided what I think --
CHAIRWOMAN HILLER: Do you want to put up the office
plan --
COMMISSIONER COYLE: Motion to approve with Option 2.
CHAIRWOMAN HILLER: Just put up -- yeah, let's just look at
the office plan that's being proposed.
COMMISSIONER HENNING: Yeah. It's -- I hate to say it, it's
kind of confusing to me.
MS. PRICE: Is there -- which of the options were you --
COMMISSIONER COYLE: I just made a motion to approve
with Option 2.
COMMISSIONER FIALA: He said Motion B or -- yeah.
COMMISSIONER COYLE: Option 2.
COMMISSIONER FIALA: Two, and I'll second that motion.
COMMISSIONER COYLE: It's one of the least expensive, and
it will only take 11 weeks.
CHAIRWOMAN HILLER: Why don't you put all the options up
one at a time so we can all see them so we're sure everyone's referring
to the same thing.
MR. OCHS: All right. Commissioners, Option 1 was the
original option you looked at that --
CHAIRWOMAN HILLER: We can skip that one. Because no
one wants that. That's what we rejected. Yeah, just go to 2 and 3.
Because there's no difference, really, in price.
Options 2 and 3 are no difference in price and immaterial
difference in time. So we should just look at these two and make sure
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March 12, 2013
-- if you could point to where each of the commissioners' office is and
where their respective aides are. Let's start with Option 2 and then go
to Option 3.
MR. OCHS: Well, Option 2 takes advantage of most of your
existing administrative offices. So you would have two aides directly
behind the dais here and two vacant offices, a third one would be
created in this area, and then you would split your conference room
and have two more aides on this side.
And in that contrast to Option 3 where you would, again, use the
two existing offices, but instead of splitting your conference room, we
would just put interior full walls in this interior area where some of the
aides -- former aide positions are now. So that's a bit less expensive
than Option 2.
CHAIRWOMAN HILLER: The question that I have, I think
Option 3 is the better option. The only thing is is can you show where
that reception area is in full? With the existing -- is that -- does -- that
reception area, is that where that desk is as well?
MR. OCHS: This is your existing, Commissioner, yes.
CHAIRWOMAN HILLER: Okay. So you're going to -- that's
what I wanted to see, that we're pulling out that horrible front desk
area.
MR. OCHS: Pull this out. The reception area would remain, but
CHAIRWOMAN HILLER: Can I also ask that there be aesthetic
sensitivity to the decor, you know, the color selection when the walls
are repainted?
MS. PRICE: What would you like?
CHAIRWOMAN HILLER: Anything except what we've got,
okay, and green. But, no, something -- I mean, it really -- you know,
if we did it, for example -- and, of course, we can discuss this up here,
but what -- if you go down to the County Manager's Office --
COMMISSIONER NANCE: I'll make a motion that we appoint
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March 12, 2013
Commissioner Hiller the decor coordinator, and she can coordinate
with any of the other board members --
CHAIRWOMAN HILLER: I just want you to know --
COMMISSIONER NANCE: -- that care about color and decor.
CHAIRWOMAN HILLER: Yes. Do you want to work with me
on that?
COMMISSIONER NANCE: And they can decide on that.
COMMISSIONER FIALA: I do.
CHAIRWOMAN HILLER: All right. The girls are taking over.
MS. PRICE: We can do leopard print or --
COMMISSIONER FIALA: Just leave it to the women, right.
CHAIRWOMAN HILLER: Yeah. We'll take care of the colors.
COMMISSIONER NANCE: Commissioner Coyle likes --
COMMISSIONER COYLE: We're going to have leopard-spot
walls, I guess, and linoleum floors now, all right.
MS. PRICE: Fuchsia, lots and lots of fuchsia.
CHAIRWOMAN HILLER: Okay. All right. I'm not going
there, but thank you very much for allowing the girls to be involved in
the decorating process. So I think Option 3, unless there's any
discussion.
Commissioner Henning?
COMMISSIONER FIALA: No, Option 2.
COMMISSIONER COYLE: Option 2. We've got a motion on
the floor for Option 2, if we have a second.
COMMISSIONER FIALA: We have a motion and a second,
yeah.
CHAIRWOMAN HILLER: I thought Option 3.
COMMISSIONER COYLE: Well, Option 2 gives the ladies a
little bigger office and a little more room and a little more privacy.
Also --
CHAIRWOMAN HILLER: You like Option 2 better than
Option 3?
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March 12, 2013
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: I thought you liked Option 3 better
than Option 2.
COMMISSIONER COYLE: I didn't, no. I like Option 2 better.
CHAIRWOMAN HILLER: Really?
COMMISSIONER COYLE: Yeah.
CHAIRWOMAN HILLER: Okay. What do you all --
Commissioner Henning?
COMMISSIONER HENNING: Let me just say that I think the
staff we have today in our office --
CHAIRWOMAN HILLER: Is awesome.
COMMISSIONER HENNING: And they work, and they work
together.
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER HENNING: And I think it will continue.
The concerns of the past, I believe, are in the past. You know, Option
3 is the least expensive. Now, I talked to one aide this morning; they
don't think they need any changes; however, they don't have a vote in
this. But, you know, whatever the majority wants to do. But I would
like to see that sign taken down on the door "Don't prop the door
open" taken down.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: Because it doesn't have a permit
number.
CHAIRWOMAN HILLER: Leo, call code enforcement.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: So -- Commissioner Nance, did you
want to speak?
COMMISSIONER NANCE: Yes. I think that Option 3 is the
better one for a couple of different reasons. Number one, it doesn't
disturb the current --
CHAIRWOMAN HILLER: Boardroom.
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COMMISSIONER NANCE: -- boardroom, and the second thing
is, I think it leaves a little more common area in the area where the
kitchen is and so on and so forth that I think everybody will appreciate
in the end.
If you look at Option 2, you'll see that it really cuts down a lot of
that, and it creates a lot more hallway, because you have to make a
hallway through the present boardroom, and I think you lose a lot of
room in excessive hallway.
CHAIRWOMAN HILLER: I agree with Commissioner Nance.
I like Option 3.
COMMISSIONER NANCE: If those offices, you know, are to
scale, the Al, 2, and 3, which are the ones that are going to be
configured in the current area, you know, you could even pull a little
more space, if you wanted to, out of the waiting room, if you wanted
to, and make those a little bit larger or gain a little back space.
But, you know, I like that waiting room. I think it's nice for
everybody, and it will also have a better entry. We'll have a better
entry with Option 3, because it takes people either directly into the
boardroom or right down the hall. We don't have to wind around
through that interior pathway like we currently have now.
MR. OCHS: Well --
CHAIRWOMAN HILLER: I think --
MR. OCHS: Commissioner, let's be clear on --
MR. CAMP: For the record, Skip Camp, facilities management.
The biggest difference is with Option 3 you maintain your conference
room.
CHAIRWOMAN HILLER: Yeah.
MR. OCHS: But the size of-- regardless of Option 2 or 3, Skip,
the size of the current reception area and the entrance and exits in and
out --
MR. CAMP: Won't change.
MR. OCHS: -- are unchanged, but --
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CHAIRWOMAN HILLER: Yeah. And if I may, I just want to
say I think it's very important that the size of the offices of the aides
all be the same. I think there's always a problem -- like if you look at
Option 2, you've got some that are really big, some that are a lot
smaller. You know, we all know what Ian Mitchell's office looked
like, which is the one that you see --
COMMISSIONER NANCE: It's AA5, right?
CHAIRWOMAN HILLER: I can't -- yeah, AA5, which is a very
reasonable-sized office, and all offices would be the same as that,
which is a very nice office space.
COMMISSIONER NANCE: Very handy.
CHAIRWOMAN HILLER: And it's just -- and it's really nice
because what you have in Option 3 is that each of the commissioners
that are on that corner, Commissioner Coyle, Nance, and Fiala, will
basically have their aides directly across from them, which is
something that had been expressed earlier, and you leave the
conference room intact.
Really, the only modification you're doing construction-wise is
that interior area, which is the least disruptive and makes the most --
COMMISSIONER COYLE: I could go for Option 3 on one
condition.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER COYLE: That we close off that door that
exists there and put a door further down the hallway that would be
approximately opposite from my aide's door, because the amount of
noise coming out of Commissioner Fiala and Commissioner Nance's
office is just absolutely deafening.
CHAIRWOMAN HILLER: Listen, I have constantly said that --
COMMISSIONER COYLE: You know, it is impossible to
conduct a reasonable discussion in my office.
CHAIRWOMAN HILLER: I totally agree. You are so right.
And, you know, Commissioner Fiala, you need to stop listening to
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Metallica. That has to stop. We've had enough of it.
COMMISSIONER NANCE: If we're going to do that, then I'm
going to request that we have dark skies lighting in Commissioner
Coyle's office, because I'm being blinded by the glare there.
COMMISSIONER COYLE: That's okay. I'll sacrifice it.
CHAIRWOMAN HILLER: All right. So having had this
discussion, I think we had a motion for Option 2. Who was the
motion maker?
COMMISSIONER COYLE: Me.
CHAIRWOMAN HILLER: Would you amend that to Option 3?
COMMISSIONER COYLE: Option 3 if you will give me a
different door.
CHAIRWOMAN HILLER: Sure. Where do you want the door
and what --
COMMISSIONER HENNING: To the outside?
COMMISSIONER COYLE: The outside, an exterior stairwell.
No, just --
COMMISSIONER HENNING: Just a doorway.
COMMISSIONER COYLE: Just to the lower corner of the
current room; in other words, seal off that door --
CHAIRWOMAN HILLER: The door that comes from the hall?
COMMISSIONER FIALA: Then I won't be able to watch what
you're doing.
COMMISSIONER COYLE: Well, that's an advantage for me.
CHAIRWOMAN HILLER: Yeah, that's fine. Staff says that
that isn't a problem.
COMMISSIONER COYLE: Okay.
MS. PRICE: No problem.
CHAIRWOMAN HILLER: Okay. So let's go ahead and do that.
MR. OCHS: Let's just make sure. You're going to close off the
current door --
COMMISSIONER COYLE: Yeah.
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MR. OCHS: -- and relocate it somewhere --
COMMISSIONER COYLE: Right about right in there
somewhere where your pen is.
MR. CAMP: We're good.
MR. OCHS: Okay.
COMMISSIONER COYLE: Okay. And then my aide would be,
I presume, in AA1 .
COMMISSIONER NANCE: Yes, sir.
COMMISSIONER COYLE: And that way she could have easy
entrance into my office there.
MR. OCHS: Yes, sir. We can do that.
COMMISSIONER NANCE: And if you look at Option 2, one of
aides has to go through the entryway to get back in the building.
CHAIRWOMAN HILLER: And then AA2's door should be
moved up closer to Commissioner Nance.
COMMISSIONER COYLE: Yeah.
CHAIRWOMAN HILLER: Since you've moved Commissioner
Coyle's actual door down, move Commissioner Nance's aide's door
up.
COMMISSIONER COYLE: Up, yep.
CHAIRWOMAN HILLER: Move that up, and then
Commissioner Fiala's door stays as-is, and then Commissioner
Henning and Commissioner -- and I will have AA4 and AA5
respectively.
COMMISSIONER FIALA: Maybe I could just have a whole
covered walkway into my room.
CHAIRWOMAN HILLER: And by the way, Commissioner
Henning, you're welcome to have AA4. I don't have a problem with
that. You know, AA5 works for me.
COMMISSIONER COYLE: In that case, I would suggest we
take out the door on AA5 completely and just seal it shut.
CHAIRWOMAN HILLER: Only if you're on the inside, and
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then just suck out the oxygen. Sorry. Just kidding.
MR. OCHS: Mr. Camp looks forward to working with all of you
to finalize this.
COMMISSIONER FIALA: I bet.
CHAIRWOMAN HILLER: You remember that it's the girls who
are going to be decorating.
MR. OCHS: Okay. So we have the office layout.
CHAIRWOMAN HILLER: All right. When it comes to
throwing on that splash of paint, yes. So we have a motion on the
table for Option 3 with the modifications to the doors as --
COMMISSIONER FIALA: And my second will hold for that
then.
CHAIRWOMAN HILLER: Thank you.
MS. PRICE: Excuse me.
CHAIRWOMAN HILLER: Yes.
MS. PRICE: Does your motion also accept the job description?
CHAIRWOMAN HILLER: We're not working on that yet.
We'll do it in two parts.
COMMISSIONER FIALA: That's a whole different thing.
CHAIRWOMAN HILLER: They're unrelated.
So Commissioner Henning, Commissioner Nance, and
Commissioner Fiala, you-all have your lights on. Do you all want to
address this?
COMMISSIONER NANCE: No, I'm done.
COMMISSIONER FIALA: Done.
COMMISSIONER HENNING: Done.
CHAIRWOMAN HILLER: Okay. There being no further
discussion, all in favor of Option 3, please say aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
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COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries with the adjustments
to the doors, as stated on the record.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: The next is the job description and
the salary range. Would you please -- are there any -- well, let me just
say this. Are there any -- is there any discussion on this?
COMMISSIONER FIALA: Oh, I've got plenty, yes; thank you.
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: Okay. Go ahead, Commissioner
Nance.
COMMISSIONER NANCE: Let Commissioner Fiala go first.
She seems to --
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Okay. Just for a little bit of
background for our audience so they understand, we never -- we
always had in our office a supervisor who hired all of our employees,
who interviewed them and then knew what their salaries were. We
never had any control over the salaries at all. So that everybody was
pretty well even Steven, and nobody stood out to make a lot more
money than anybody else. And that worked out just fine.
Not only that, we even had a receptionist so they could greet the
people and write up the proclamations and so forth. So that it really
hummed along pretty nicely.
Well, things changed with the recession, and we didn't have a
receptionist anymore and then, finally, we didn't even have an office
manager anymore.
Now, I've never hired my own employee, to be honest with you,
nor have I had any choice over what she was making. I had no idea
that others were doing that until all of a sudden I find this gal who --
she works her head off, she's always there when I need her, and she
makes far less than anybody else in that office, and I don't think that's
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right.
So my point is, I go to fairness. I think that we should have a
salary range for everyone in there, and I don't want to see my aide
making $10,000 less than somebody else's aide.
CHAIRWOMAN HILLER: Agreed. I think you're right.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: Equal pay for equal work.
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: I think someone on the board said
that once before.
COMMISSIONER COYLE: Well, my aide does twice as much
work as anybody else.
COMMISSIONER FIALA: She does not. But she's wonderful, I
have to say that.
COMMISSIONER COYLE: She is. But, yeah, that -- how do
you go about equalizing that?
COMMISSIONER FIALA: I don't know --
COMMISSIONER COYLE: How do you go about that?
COMMISSIONER FIALA: -- but I think we ought to have one
pay grade. Now, if they've been there one year or two years -- and, no
-- and that really wouldn't be a good decision factor, because
sometimes you get somebody who might have been there a year, but
they might not be as good; maybe you're even thinking of removing
them or something. And some people are working their head off and
taking -- and sharing the responsibilities of getting the other work
done out of that office. And so I think that that all should be taken into
consideration.
I just want to say, if anybody else's aide is making -- now, I don't
know; maybe your aide has been there longer than mine. I don't know
that.
COMMISSIONER COYLE: She's been here for 10 years.
COMMISSIONER FIALA: She has not. You lie. And so --
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CHAIRWOMAN HILLER: On the record.
COMMISSIONER HENNING: You just figured that out?
COMMISSIONER FIALA: So I would just want to make sure
that all of our aides know how much we appreciate them, and if one
gets -- say, for instance, if one gets a car, they all get a car. If one gets
a phone, they all get a phone. If one gets an iPad, they all get -- mine
doesn't have anything right now, to be honest with you.
But I just want to make sure that my aide is treated as fairly as
everybody else's aide.
CHAIRWOMAN HILLER: I like it.
COMMISSIONER COYLE: I agree.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Well, again, I think our office is
becoming very dynamic. I think there's some opportunities for
efficiencies, more efficiencies over there because of the dynamic of
the personnel over there.
I think we have an opportunity to share resources.
CHAIRWOMAN HILLER: I'm prepared to share.
COMMISSIONER HENNING: Yeah. I think we can share
resources up there and, potentially -- if we can keep our staff level
where it is, we could potentially get a person at the front desk.
COMMISSIONER FIALA: Well, remember when we used to do
that where each one would get assigned one day at the front desk, and
then they would -- so that all five would be spread out and they'd get
that. They'd still -- you know, they'd still be able to do their work at
the front desk, but everybody had their chance at it, you know, so that
nobody was stuck there all week long.
CHAIRWOMAN HILLER: I didn't like that.
COMMISSIONER FIALA: Unless you think something else
would work better.
COMMISSIONER HENNING: Well, I understand what you're
saying, Commissioner Fiala, but what I'm saying is if we keep our
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staff to where it is now and -- opposed to four years ago, we had an
office secretary, each one of us had an aide, and we also had a
manager.
CHAIRWOMAN HILLER: Too much.
COMMISSIONER HENNING: If we keep the aides that we
have now, if we can all work together to utilize those resources -- as
long as we don't burn anybody out -- we would still be saving money
if we hired a full-time secretary just for the front.
COMMISSIONER FIALA: Just for the front desk like or --
COMMISSIONER HENNING: Yeah. So I would just throw it
out there that we all work together to try to come up with ideas on
how we can keep the resources and still get everybody's work done at
the same time and then come back maybe at the budget time and have
a position in there for a secretary. I think we already have that kind of
classification.
COMMISSIONER FIALA: You know, I like that idea because
MR. OCHS: Yes, we do.
COMMISSIONER FIALA: -- they would be able to switch the
calls, then they would be able to pick up on things, greet the people
when they came in the door, meet the bail bondsman when they have
something to sign or something like that.
COMMISSIONER HENNING: Well, you know, if you think
about this, the staff that we have now is far and above answering the
phone.
COMMISSIONER FIALA: Oh, yeah.
COMMISSIONER HENNING: I mean, they are
troubleshooters.
COMMISSIONER FIALA: Right, they are.
COMMISSIONER HENNING: They solve issues for
constituents. They're helping us out with executive summaries.
COMMISSIONER FIALA: Yeah.
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COMMISSIONER HENNING: Doing research and so on and so
forth.
COMMISSIONER FIALA: Yeah.
COMMISSIONER HENNING: So they're above just answering
the phone. If we can have somebody just to answer the phone, that
would free up their time to concentrate on constituent complaints or
concerns --
COMMISSIONER FIALA: Sure.
COMMISSIONER HENNING: -- problem solving, and stuff
like that.
COMMISSIONER FIALA: And we need them for that the most.
And I don't mean to correct you at all, Len, but, you know, here you
were saying go to meetings. I want to go to the meetings myself. I
want to meet the people myself I don't want my aide doing that. She
can come along on the tours that I conduct, but I need her in the office,
I need her answering the phones.
If something comes in like a dog complaint or something, she
processes that thing right away; meanwhile, I'm sitting here in this
meeting. So all of that stuff is taken care of.
Like Commissioner Henning said, we really need them to keep
all of our constituents' concerns and questions active and moving
along.
MR. OCHS: Sure. Commissioners, good discussion. I just
wanted to bring you back for a second to what our last order was as a
staff, and that was that each of you wanted your own employee that
worked at your will that was exempt from overtime requirements and
that was a direct report to you, that you would have control over the
hire, fire, and discipline.
And so we've fashioned a position description that achieves that
and keeps you away from federal overtime law requirements. So
that's why you have what you have in front of you.
CHAIRWOMAN HILLER: Right.
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MR. OCHS: The discussion's kind of turning back now to a
secretarial receptionist.
CHAIRWOMAN HILLER: Not really. No, no, no, no.
COMMISSIONER HENNING: No, no, no, no.
MR. OCHS: Okay.
COMMISSIONER HENNING: I think it was just appropriate at
that time to discuss that.
MR. OCHS: Okay.
CHAIRWOMAN HILLER: That is separate and apart. A
secretary or a front desk or some sort of receptionist, if you will, if we
go to that, is down the road as a consideration.
MR. OCHS: Okay. But even the discussion about one aide
serving two commissioners, when it gets time to determine pay or
performance reviews, those kinds of things, or if you had a -- God
forbid, if you were going to terminate one of those people --
CHAIRWOMAN HILLER: Right. What happens? I think what
we need to do is keep it very simple at this point, and the simple thing
to do is to accept what you're proposing which is, basically, create the
aide's position as, you know, independent, self-directing, higher-level
individuals. We don't have a county manager (sic), we don't have a
receptionist -- I mean, not a county manager, an office --
COMMISSIONER NANCE: Office manager.
MR. OCHS: Freudian slip.
CHAIRWOMAN HILLER: -- office -- it was not Freudian.
That was not -- had nothing to do with Freud, I assure you.
Okay. So an office manager.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: A -- we have no office manager, no
receptionist, we each have the ability to hire an aide that directly
reports to us that is an independent, self-directed individual so there's
no overtime issue. That's what we should approve today. Like, for
example, in my case whether or not I actually hire an aide is really up
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to me. Whether I --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- share with Commissioner
Henning or Commissioner Fiala, that's something we can work
through. We all have a different way of working.
COMMISSIONER FIALA: Right.
CHAIRWOMAN HILLER: We all work at different levels of
independence. A lot of us need, you know, different levels of service.
So we will -- we have to accept being flexible in that regard, and we'll
work those details out.
But approving your job description and pay range is what we
should do today.
COMMISSIONER HENNING: Yeah. I'll make a motion to do
so. If we --
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Go ahead, sir.
COMMISSIONER HENNING: No, I'm sorry. Go ahead.
CHAIRWOMAN HILLER: Forgive me.
COMMISSIONER FIALA: When you said "make a motion to
do so," you're talking about a pay range or to discuss it later, or which
pay range?
CHAIRWOMAN HILLER: No. We're -- the pay range that was
recommended by the county manager. So your aide's salary would be
adjusted upwards to match what everybody is making.
COMMISSIONER FIALA: Forty-eight to seventy-one?
CHAIRWOMAN HILLER: That's too big.
COMMISSIONER FIALA: That's what I thought, too.
MR. OCHS: That is the --
MS. PRICE: That's the total range.
MR. OCHS: That's the range. You have four people working for
you now, and the spread of salaries from high to low is about a
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difference of$10,000 between the lowest and the highest.
CHAIRWOMAN HILLER: We need a narrow range. We need a
very narrowly defined range. There shouldn't be -- and they all should
start at the same pay.
MR. OCHS: Commissioners, you can pick a number anywhere
inside this range.
CHAIRWOMAN HILLER: So we can pick a number today
here?
MS. PRICE: Yes.
MR. OCHS: If that's what you'd like, yes.
CHAIRWOMAN HILLER: Well, what is --
MR. OCHS: But keep in mind that, you know, your highest paid
person is making fifty-six-seven, roughly.
CHAIRWOMAN HILLER: Fifty-six-seven.
COMMISSIONER FIALA: Mine doesn't even make 48-.
MR. OCHS: Your lowest is forty-six-three. So if you want to
equalize them all, you either move them all to the high number or pick
some other number.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. You know, I'm the trouble
maker that originally started this in putting this agenda item forward,
and the reason that I did it was I wanted to create enough flexibility in
this position so that the assistant that each commissioner has suits their
needs, not only their personal needs and the things that they want to
get done, but the needs of their district.
The needs of my district are vastly different than Commissioner
Coyle or Commissioner Fiala's district, so it requires somebody that
has the ability to do other things. Not only that, but my district is an
hour to an hour-and-a-half away from this building. So the
requirements I have of the person that works with me is to do a great
deal more travel than the average person.
You know, Commissioner Fiala is living and her office here is in
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her district. I am an hour away.
COMMISSIONER FIALA: Well, I don't like my secretary to
leave to go out. I want her to be here while I'm --
COMMISSIONER NANCE: Ma'am, and I think that's perfect,
but I need mine to do that. I need mine to go in the other direction
sometimes an hour away from here.
So what I wanted to do is I wanted to provide the flexibility to
have that happen and also the flexibility so that board members today
and in the future can choose an assistant or an aide or a coordinator,
whatever we're going to call this person, that fits their needs and the
needs of their district, and I think they're grant (sic) and varied.
So I did not create this to have the salary be uniform or, you
know, certainly fundamental fairness and whatnot, but I wanted it to
be so that you could attract a wide variety of people in a similar range,
and they would get paid relative to their skills and what they do.
And, you know, we have a budget within this office that each
district gets, and I think that money needs to be spent according -- you
know, so it serves the constituents that we're hired to represent. So I
think that money can be spent a great deal different between us. And,
you know, that's all I'll say.
The other thing I think needs to be addressed is I don't think we
should call these people executive coordinators. I don't know what an
executive coordinator is, and I don't think anybody else that receives
their business card will know what an executive coordinator is either.
COMMISSIONER FIALA: Well, that I agree with.
CHAIRWOMAN HILLER: Well, you have to have a title that is
commensurate with the position and that somehow identifies them at
an executive level as self-directed, you know, self-functioning;
otherwise, you will have federal labor law issues because --
COMMISSIONER NANCE: I know, but --
CHAIRWOMAN HILLER: You need to come up --
COMMISSIONER NANCE: I understand, but that --
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CHAIRWOMAN HILLER: The title has to somehow -- because
that's really what these people do. I mean, they're basically
coordinating everything.
COMMISSIONER NANCE: Well, they're meeting public. They
need -- to me, my -- you know, the person that's with me, it needs to
say, executive assistant to Tim Nance, County Commissioner, is what
it needs to say on their card so that --
MS. PRICE: Commissioner, if I might, we have functional job
titles that would go on their -- you know, into our SAP system. You
could actually refer to your assistant with virtually any title you want
on their job card.
COMMISSIONER NANCE: So you're saying --
MS. PRICE: So we don't really --
COMMISSIONER NANCE: This is an HR name?
MS. PRICE: This is an HR name.
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: Just don't call them "honey."
MS. PRICE: As I say, the name on the business card really can
be whatever -- whatever best reflects --
COMMISSIONER NANCE: So Commissioner Hiller can call
her aide "grand high exalted mystic ruler to Commissioner Hiller"?
MS. PRICE: Yes, absolutely.
COMMISSIONER FIALA: I could call mine "right arm."
COMMISSIONER NANCE: Okay. I'm done.
MS. PRICE: Absolutely.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: It's my turn, yeah. You know,
we're talking about a lot of stuff, but we're not dealing with the
problem.
CHAIRWOMAN HILLER: I agree.
COMMISSIONER FIALA: Good point.
COMMISSIONER COYLE: Here's the problem, and I'm sure
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each of you has the same opinion. I do not think there's anybody in
that office who deserves a higher pay than my aide. And the minute
you increase a salary for your aide to a higher level than my aide, I'm
going to increase my aide's salary, and we're going to keep doing that
until we're all bumping up against the top.
Now, there are two issues here. Number one is that they're --
they know now and they will know in the future what each of them is
making.
COMMISSIONER NANCE: That's fine.
COMMISSIONER COYLE: So if that happens, if somebody
bumps their aide to a higher pay level than someone else's, then you're
going to have inflation all the way across the board.
And maybe there's nothing wrong with that, but it creates
Problem No. 2, and Problem No. 2 is how do you manage the budget
for the Board of Commissioners office? We have a budget.
Now, either we're going to be able to use that budget any way we
see fit and each of us has the same budget and we can shift things
around in line items --
CHAIRWOMAN HILLER: That's a very reasonable approach.
COMMISSIONER COYLE: Okay. If we were to do that, that
provides us flexibility and so, you know, every week I'll make an
inquiry down at human resources to find out what the salaries are, and
every week I'll bump my salary of my aide up to the highest level that
it -- that it can be in that office.
So it's a problem, and we need to find out how we're going to
solve it.
CHAIRWOMAN HILLER: Well, I think -- I think what you've
identified as -- and it's something I agree with that I think every
commissioner should have their own budget in total, and they can
basically define the line items within their budget as they work,
because people have different needs.
Like, if Commissioner Coyle doesn't go to events but wants to
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hire a higher caliber of aide and if he wants to allocate his travel
budget to his aide's salary and he derives a great deal of benefit from
the service she provides, he should be able to do that.
And, again, you know, to -- it's not bumping up to the next
commissioner's higher pay, because you can't pay for other than what
service is being provided based on the qualifications of the individual.
So, you know, to say that, you know, there's going to be a race to the
top isn't necessarily so.
But I think the idea of having a pay range that is reasonable for
that position -- and that has to be a much narrower range than what's
being provided here. This range is just not realistic. The range needs
to be narrowly tailored to the services that that individual is going to
be providing. And then, you know, each individual can give
consideration based on the talent that the aide brings to the table as to
where in that range the commissioner wants to pay that person.
But, I mean, you're paying for a service, so there has to be a
range of pay that's commensurate with the service these people are
providing. And some people are going to provide less service because
that commissioner wants less, and some may want more, and maybe
some commissioner wants a part-time aide and some commissioner
wants --
COMMISSIONER FIALA: Regardless of whether they're
driving or anything. I mean, it's simple to drive someplace. You
know, I think what we have to make sure is that each one of our aides
knows how important they are to us.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER FIALA: And they have to be paid
accordingly. And just like Fred Coyle said --
CHAIRWOMAN HILLER: Commissioner Coyle.
COMMISSIONER FIALA: Oh, Commissioner Coyle.
COMMISSIONER COYLE: Fred's okay.
COMMISSIONER FIALA: As he says, you know, if he finds
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out somebody else is making more, then he wants his aide to make the
same, and I -- Commissioner Hiller said, the most important thing is to
be fair.
CHAIRWOMAN HILLER: Right.
MS. PRICE: Commissioners, if I might, in preparing this, while
we're not using our pay -- our pay plan -- because in doing so we had
issues with FSLA. The exemption that we've provided in this position
is an elected-official exemption, because they're working directly for
you; however, we did take the -- all the job description, run it through
our system, and it matched very closely to what we would put into our
pay scale as a Level 19 person, and then we took -- we actually just
rounded off the numbers, and we used the pay scale for the 19. If
you'd like to narrow that --
CHAIRWOMAN HILLER: But 19 is that wide of a pay scale
from basically 45- to 70-?
MS. PRICE: Yes, because we -- because our pay scale takes into
account different educational levels, different experience levels, and
years of service. An individual could put in 20 or 30 years at a Level
19, and so there needs to be room for growth there.
MR. OCHS: Remember, there's 15 to 20 job titles in most of
these salary ranges, not a single one. So the range that they're in right
now, if you don't change anything, is 45,446 to a max of 66,833, so --
COMMISSIONER FIALA: Is that 18, Leo?
MR. OCHS: Yes, ma'am. That's the current range for the aides.
COMMISSIONER FIALA: That's where we were all the time,
right?
MS. PRICE: And we moved this to the 19, based on what you
put in.
COMMISSIONER NANCE: That accounts for varied
experiences and educations. And that was my intent. My intent was
to allow people to match their assistant to their needs. And it doesn't
make any difference to me who pays their aide what. As long as their
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aides are being fairly compensated for the work they do and the
education and experience they have, I'm fine with it.
They can -- you know, if Commissioner Fiala wanted -- felt like
she needed somebody with two bachelor's degrees and wanted to pay
them $71,000 a year, I would be fine with that, personally. As long as
that person is getting paid for what they do and the commissioners are
happy, I'm -- I don't feel like there's any need for foolish consistency
here myself.
COMMISSIONER FIALA: Well, I know -- I feel my aide is my
lifeline. I mean, I don't know what I would do without her. And I'm
sure that we all feel that way. And so I want to make sure that she's
being paid the same as somebody else's lifeline. And --
CHAIRWOMAN HILLER: But you have the opportunity to do
that, Commissioner Fiala --
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: -- because basically what's being
proposed --
COMMISSIONER FIALA: I'm sorry to do that to our budget,
though.
CHAIRWOMAN HILLER: But you have a budget, and you can
use that budget any way you like. In other words --
COMMISSIONER FIALA: I don't have a budget for salary, do
I? I don't think so.
MR. OCHS: Commissioners, what was recommended here as
part of this executive summary was that we would set up five
individual cost centers that would cover salary and operating expenses
for each of the commissioners, and then one --
CHAIRWOMAN HILLER: So you could do whatever you
want.
MR. OCHS: -- common cost center for common expenses like
copying and some of these other routine matters.
The proposal would be that we would put an equal amount of
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budget in each one of those for salary and operating expenses. And
then I think what I'm hearing the commission say is then they can
decide, or each of you can decide within your --
CHAIRWOMAN HILLER: How you want to use it.
MR. OCHS: -- individual cost center how you want to spend that
budget allocation.
COMMISSIONER FIALA: Now, is that your gasoline charges
as well? I mean, Fred, he never turns any expenses in in all the years
he's been here. He pays for everything out of his own pocket.
Now, I'm sure that you would have more expenses for gasoline
than I would because you go further out. Yes, I'm on Marco Island
every day practically, and I go out to Goodland and I go out to Port of
the Islands but -- I mean, so those are long distances also, but yet at
the same time, that's a different budget, gasoline budget. Now, how
are you doing this?
MR. OCHS: Let me, perhaps, suggest that we go ahead and
develop these budgets and get them in front of you and then make sure
you're all comfortable with it, and then we'll go ahead and
memorialize that after we've had a chance to brief each one of you on
it so you can see what's available to you and determine, you know, if
that's adequate for your needs.
COMMISSIONER FIALA: Meanwhile, my aide makes less
than anybody else in the office. I would at least like her boosted up to
wherever we're -- you know, until the time comes that we have a
figure, but I --
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: -- feel embarrassed that she would
make so much less than everybody else.
MR. OCHS: Commissioner, it's nothing to be embarrassed
about. I mean, we can work this with you all individually by recasting
the budgets in equal fifths, if you will.
CHAIRWOMAN HILLER: Yeah, that's fair.
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MR. OCHS: And I think you will see you'll have sufficient
budget individually to get where you want to be with your aides.
COMMISSIONER FIALA: Okay. But until then, are you going
to boost her up a little bit?
MR. OCHS: Well, we're going to get with you, you know, right
away to get this budget recast.
COMMISSIONER FIALA: All right.
MR. OCHS: And by next meeting we should have this all
finished for you.
CHAIRWOMAN HILLER: I think that's beautiful.
MR. OCHS: Is that fair?
CHAIRWOMAN HILLER: I think that's really fair, so let's just
continue this.
COMMISSIONER FIALA: Just as long as it's always fair, you
know. And by the way, I agree with Commissioner Hiller; that
71,000, that's way high.
MS. PRICE: Commissioners, that would be, you know, after 20
years. This gives a lot of room --
COMMISSIONER FIALA: I don't think anybody could stand us
for 20 years.
CHAIRWOMAN HILLER: Let me answer that and -- then let
me just say this. After 20 years, based on where we're going with
inflation, that's going to be way low.
MS. PRICE: It probably will, and the next commission will
come to us and ask us to revise it.
CHAIRWOMAN HILLER: Right, and that's why -- let's
establish something that's reasonable and then allow for flexibility
within the budgets that you're going to establish.
MR. OCHS: What I --
MS. PRICE: Can I recommend a hiring range, that you state a
hiring range --
CHAIRWOMAN HILLER: Yes.
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MS. PRICE: -- as, you know, within that framework? So you've
got your pay range, and you've got a hiring range.
CHAIRWOMAN HILLER: Correct.
COMMISSIONER NANCE: Well, let's examine the $71,000
number a minute. I mean, let's think about who the person would be
that would work as Commissioner Hiller's aide for 20 years, and
imagine that they wouldn't be worth $71,000.
MS. PRICE: I would imagine a one in front of it.
CHAIRWOMAN HILLER: Let me just say this. I want to state
something for the record.
COMMISSIONER COYLE: It would be saints.
CHAIRWOMAN HILLER: I just -- let me just interrupt this
entire flow of conversation.
COMMISSIONER HENNING: Please do.
CHAIRWOMAN HILLER: I made a commitment to the
sheriffs officer sitting right there, you know, paying undivided
attention to this conversation, ready to throw himself in front of all
flying bullets, that we would be out of here by five.
COMMISSIONER HENNING: Move to approve.
CHAIRWOMAN HILLER: Okay. Move to continue.
COMMISSIONER FIALA: Yeah, move to continue.
CHAIRWOMAN HILLER: We are continuing this item to allow
the county manager to bring back a pay range within this salary range,
to bring back individual budgets that allow for individual flexibility by
the commissioners to the next meeting. And we're going to continue
that.
COMMISSIONER FIALA: Commissioner Hiller, do you mean
Pay Range 18, where we've been, or 19?
MR. OCHS: Commissioner, let me develop that over the next
two weeks and we'll --
COMMISSIONER FIALA: Okay.
MR. OCHS: -- and we'll get it all ironed out in two weeks.
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CHAIRWOMAN HILLER: He knows. And work with HR.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. Would you get with
some of the commissioners so they understand?
MR. OCHS: Yes, sir. I'll get with every one of them; yes, sir.
CHAIRWOMAN HILLER: Lunch. Your place.
Commissioner Coyle?
COMMISSIONER FIALA: Rum and coke, my place.
COMMISSIONER COYLE: That's for the next item.
CHAIRWOMAN HILLER: All right. Commissioner Henning?
COMMISSIONER HENNING: I'm fine.
CHAIRWOMAN HILLER: All right. There being no further
discussion, this item will be continued to the next meeting with the
direction we've given the county manager.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #12A
THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE
FOR FUTURE CONSIDERATION WHICH WOULD PROVIDE
FOR A HEARING EXAMINER — APPROVED
CHAIRWOMAN HILLER: The next item is county attorney to
advertise an ordinance for future consideration, which would provide
for a hearing examiner.
This item was brought forward at an earlier meeting as a
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recommendation on my part because I had gauged the sentiment of
this board and of the community, and it appeared to me that there was
a real desire and support for having a hearing examiner to address
variances and conditional uses.
And I believe the county attorney has addressed what the board
directed him to do by way of presenting this ordinance for our
consideration today. And if we accept it as presented, then -- or even
with modifications, it will come back two weeks from now for final
adoption.
MR. KLATZKOW: That's correct.
CHAIRWOMAN HILLER: Go ahead.
MR. KLATZKOW: All right. Just as an overview of my
thought process in designing this ordinance, we haven't had a hearing
examiner here before, so we're not really sure how it's going to work.
COMMISSIONER FIALA: Say that again. I'm sorry.
MR. KLATZKOW: We've never had a hearing officer in Collier
County before, so none of us are really sure how it's going to work.
And so the idea here is to create an ordinance with a bunch of light
switches.
And if the hearing officer is something that's working out great,
we turn on more and more light switches to give him more and more
duties. And if it's something that isn't turning out so great, we can turn
off the light switches, and we can do all that by resolution so that the
ordinance itself only has a handful of actual job duties that they're
doing.
The first job duty that the ordinance provides for the hearing
examiner is appeals of administrative decisions, and that's your typical
O&I. And my thought process there was, often the development
community gets gunked up with staff over very minor issues, and they
can take weeks and months. If I had a hearing officer there, you
know, at the ready, he could sort of get both parties through the
process and hopefully get the development order in an expedited
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fashion.
The second is variances. Nick and I have been talking about
these variances for years where you have somebody with a pool cage.
The pool cage is 1 foot within the setback. And, I mean, do we really
need to spend nine people on a planning commission to talk about a
cage that's been up for 20 years? And so the hearing examiner would
have the opportunity to hear something minor like that.
It's not designed for anything that affects communities or the
general public. It's designed to handle a very minor matter usually
with just one person.
CHAIRWOMAN HILLER: And if I may interrupt, an example
would be where we had that boat-dock variance that basically
eliminated, like, a 1-foot setback requirement.
MR. KLATZKOW: That's another one.
CHAIRWOMAN HILLER: That took, like, an enormous
amount of time. The Planning Commission had to hear that, then we
as a board had to meet with the constituent -- or with the -- you know,
the representatives, the engineers, and the this and the that. I mean,
there was basically 14 people, and I can't begin to tell you how many
man-hours involved in addressing that setback variance for a single
boat dock.
MR. KLATZKOW: It's an enormous cost to the public between
the time --
CHAIRWOMAN HILLER: Huge.
MR. KLATZKOW: -- on the Planning Commission, this board,
and the --
CHAIRWOMAN HILLER: Huge cost.
MR. KLATZKOW: -- applicants.
Another duty that they would have would be -- getting back to
boat docks -- the dock extensions. I mean, I sat in front of the Collier
Planning Commission for many years. Every single one of them got
approved. I mean, you would have your half hour to an hour's worth
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of a hearing and, ultimately, they would get approved, and it's another
one that we could expedite. Conditional uses also, if a conditional use
is very, very minor.
The ordinance provides that there will be additional duties. To
the extent that the hearing examiner's schedule permits, the hearing
examiner will make his special knowledge and expertise available
upon a reasonable request by the Board of County Commissioners, an
individual commissioner, county manager, or myself.
Now, from my own experience, over the years I have used Mark
Strain, I can't tell you how many times when I've been working on a
land-use item where we got an LDC amendment to the board, and I'll
send it to him; you know, what do you think of this? What do you
think of that? And come back.
So that's how I would use the hearing examiner, whoever it might
be, sort of as a sounding board; what do you think about this? What
do you think about that?
Because we all -- we all live in silos. I have my silo I live in.
Nick's staff has their silo. The hearing examiner has other range of
experiences they could bring to the table.
It provides for the recusal of the hearing examiner. And we'll get
into detail on that and the rules of procedure, which will also come
forth here. But there are certain items such as Jones Mine that will not
be heard by a hearing examiner. Something of that import would be
heard by the Planning Commission and then come to this board. And
so the hearing examiner has the ability to recuse himself.
The hearing examiner cannot hear any items that are statutorily
reserved to the Planning Commission. Usually those are
Comprehensive Plan amendments and review of the LDC. But that's
why you have them, okay. You really don't have a Planning
Commission to look at boat-dock extensions. That's something the
board did years ago because the board didn't want to do it; so they
gave it to the Planning Commission.
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They've got better things to do with their time. That's why we'll
have the hearing examiner. And it's set up to, again, open and close
like light switches. The more the process is working, the better
feedback we get from the development community, the greater
amount of duties we can give to the hearing examiner. If this is
something that's not working, we can shut down the light switches by
resolution. We don't have to go through the ordinance process.
Funding would be by -- through the Board of County
Commissioners. It would be a contract position terminable by will of
the board and so, you know, the hearing examiner would work for
you.
CHAIRWOMAN HILLER: That's great.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. One of the things -- we
attempted to do this a few years back, and Mark Strain especially --
you know, he's been a mainstay of our Planning Commission, and
Mark bitterly fought against it. He just felt that it was way out of line.
He did not want to see that happen. And then he had -- then other
planning commissioners also kind of talked heavily against it as well.
And I wouldn't want to in any way insult Mark or anything,
being that that's something he didn't want to see happen. What will
happen, then, to our planning commissioners?
MR. KLATZKOW: This one is very different. I looked at the
ordinance that they were working on back then. In fact, the way I did
this was, I took the county attorney ordinance I'm working on, I took
the Lee County hearing examiner ordinance, and I cut and pasted into
it, then I took the old Collier County one, cut and pasted into it, then I
started slashing out parts until I got to this. That's how this ordinance
was created.
CHAIRWOMAN HILLER: Is this how we make sausage?
MR. KLATZKOW: That's how we make sausage, yes.
CHAIRWOMAN HILLER: Understood.
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MR. KLATZKOW: I haven't created anything from whole in I
can't tell you how long.
CHAIRWOMAN HILLER: Well, it's actually very tasty as
presented.
MR. KLATZKOW: But that ordinance was far more broad than
this one. You contemplated a hearing examiner having far more
powers. This one is very, very minor powers with the ability to appeal
directly to the Board of County Commissioners or the BZA depending
upon the process.
The other one was more of a legalistic system where you would
really need an attorney who would have an adversarial proceeding.
CHAIRWOMAN HILLER: Yeah. We don't want that.
MR. KLATZKOW: That's not what this is about. The idea here
is for the hearing examiner to work with staff, to work with the
developer, and to help them through the process, or the homeowner,
help them through the process at a much reduced cost. And if this
works, you know, I think it will be good for everybody.
CHAIRWOMAN HILLER: I agree.
COMMISSIONER NANCE: Mr. Klatzkow, it's going to work
relative to the skill of the person we find to do this job; isn't that right?
MR. KLATZKOW: Always.
COMMISSIONER NANCE: I mean, if that person is highly
skilled, it's going to make it fly, and if we've got somebody that
doesn't know what they're doing, it's going to be a nightmare.
MR. KLATZKOW: Always.
CHAIRWOMAN HILLER: And that's always true, regardless of
what position we contract.
Commissioner Henning?
COMMISSIONER HENNING: I think Commissioner Coyle
was first.
CHAIRWOMAN HILLER: Oh, Commissioner Coyle.
COMMISSIONER COYLE: I don't mind. I'll wait.
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CHAIRWOMAN HILLER: No. Go ahead, Commissioner
Coyle.
COMMISSIONER COYLE: I'll wait.
I fundamentally support the concept, but I have some real
concerns that, you know, we're taking the route of shooting, aiming,
and then getting ready again, so we're going to have another training
session on marksmanship.
The board directed that the county -- and I'm reading here -- that
the county staff develop a job description based on the legal definition
of the newly created position, obtain board approval for funding the
position, and immediately advertise the position upon board approval
of the ordinance.
MR. KLATZKOW: Couldn't do it that way.
CHAIRWOMAN HILLER: No, you can't.
MR. KLATZKOW: You have to have the ordinance --
CHAIRWOMAN HILLER: That's not what I said.
MR. KLATZKOW: -- first so you know what you want. And
after that --
CHAIRWOMAN HILLER: I provided --
COMMISSIONER COYLE: That's bullroar.
CHAIRWOMAN HILLER: No, it isn't.
MR. KLATZKOW: You know what you want, and then staff
will come back with a job description.
CHAIRWOMAN HILLER: Correct.
COMMISSIONER COYLE: That's bullroar.
CHAIRWOMAN HILLER: It's not.
COMMISSIONER COYLE: You can easily accomplish that by
telling the staff what duties you want the person to perform, and then
you go about doing this process. I don't know why anybody would
support moving ahead with an ordinance for which you haven't even
determined the potential cost.
When we start passing laws, we should do it with the -- with the
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greatest amount of information that we can get about what will be the
consequences of the law, and it requires a substantial amount of
support.
A court reporter for all hearings, a staff person, a secretary for the
hearing officer; staff members can be called to attend the hearings and
produce documents; the community development services division
shall be the professional staff of the hearing examiner, and funding for
necessary and reasonable expenses for the operation, maintenance,
space, facilities, and expenses associated with the office of the hearing
examiner.
Now, all of those things are spelled out here, and there's no
reason we can't ask the county manager to produce a job description
and, by the way, a salary range for this job and for the secretary that is
going to be supporting this person. And then once we understand the
implications of the decision we're about to make, then we vote on the
ordinance and pass the ordinance.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: The proposal for a hearing
officer basically did away with the Planning Commission in the past.
This one is much different on hearing smaller items and, oh, by the
way, are supported by fees.
Those fees -- I apologize. I thought I had that off. Those fees
should be supporting the hearing officer and, in fact, some of those
fees are coming down. What's a conditional use application fee? Five
thousand. I hear a boat-dock extension is about 3,000, you know.
So -- and if you take a look at -- because it has to go through that
process, if you take a look at -- this is going to still provide public
input, it's going to have hopefully a professional that has dealt with
these prior, deal with that, and it's going to shorten the process not
only for the public but the application.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER HENNING: And it's like Jeff said, an
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application for setbacks of a pool cage that's been there for 20 years.
And, in fact, we've had one in Lely that was there for, I think, 20
years, and it had to go through all the processes up to the Board of
Commissioners with no objections. But that application was -- what
was that? Do you remember that? Yeah, it was an ungodly amount of
money.
So it's not about raising taxes. I see it as the potential to lower
fees, because it has a different process that it's going through. And
what I like about this executive summary, it's giving it a lot of
flexibility. So if we get, like Jeff Klatzkow said, somebody that, you
know, is mediocre, we don't have to expand it. In fact, we might
condense it a little bit more and shift stuff back over to the Planning
Commission, or if we get somebody dynamic, we could expand that
job description or duties, I should say; not job description, but the
duties.
So thank you for writing this executive summary. I'm fully in
support of it.
CHAIRWOMAN HILLER: I fully agree also. I think the
flexibility that you've introduced into the ordinance is appropriate.
And it is exactly because of that flexibility and our adoption of this
ordinance that we, afterwards, go back and define what we want the
hearing officer to do for us and, with that job description, define the
salary because of that flexibility. We allow ourself that latitude in
making that decision. And, again, because of that flexibility, that is
subject to change.
If we find that we need a hearing officer to do more, then we pass
resolutions to expand the scope, and we adjust the salary accordingly.
The point that you make, Commissioner Henning, is so correct,
and that is that by introducing the hearing officer in the process to
address the issues that the county attorney has defined, we will, in
fact, be saving substantial monies, expediting the hearing of so many
issues for citizens and developers that have been just delayed because
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of how long it takes to get these things through the system in the
burden fashion in which we currently have it.
So at the end of the day, I think that you will see that the
efficiencies will result in a cost savings that hopefully, ultimately,
will, in whole or in part, offset any costs that will be incurred.
Yes, sir?
MR. OCHS: Commissioners, do you anticipate hiring a hearing
officer as a staff person to the board or more like an independent
contractor --
CHAIRWOMAN HILLER: Independent contractor.
MR. OCHS: -- like your medical director contract is structured?
CHAIRWOMAN HILLER: Independent contractor, right.
MR. OCHS: So you could potentially have more than one if the
volume or if there were --
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: -- a situation where one of the officers was tied up
for any period of time, you could have --
CHAIRWOMAN HILLER: That's actually an excellent
suggestion that I personally had not contemplated, but it's very --
MR. KLATZKOW: The ordinance provides for that.
CHAIRWOMAN HILLER: What?
MR. KLATZKOW: The ordinance provides for multiple.
CHAIRWOMAN HILLER: I agree, but I just hadn't
contemplated that we would ever need more than one. But it's so
reasonable to consider that as something we may very well consider.
If the volume of work picks up, as we're seeing this uptick in permits,
that we do have the ability to do that; just another flexibility that has
been built into the ordinance.
MR. OCHS: Or as a contingency.
CHAIRWOMAN HILLER: Or as a contingency.
Commissioner Henning -- I mean Commissioner Nance.
COMMISSIONER NANCE: Yeah. Let's see what the options
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are on that. I would like to, you know, discuss that when we take a
look and see what options you come up with.
It's clear to me that every hour spent by this hearing examiner is
going to be a savings in money. If you look at what the meter is
running in this room right now and all the staff time that it takes
before and after this meeting, I think it's clear that, you know, you're
going to be saving money, and that's before you get to the money
saved in the business community and from petitioners.
So I think -- I think we should move ahead with it, and we can
calculate it out.
CHAIRWOMAN HILLER: Based on --
COMMISSIONER NANCE: I'm not concerned that we're
making a bad decision.
CHAIRWOMAN HILLER: Right. Because, essentially, this
ordinance provides the umbrella, and then we'll tailor it down to
specifically what we want at this time to help us, you know, with the
process. Thank you.
Yes, sir.
MR. OCHS: Ma'am, two more. And forgive me, but I just want
to make sure that we discuss these. Two things I saw in the ordinance.
One was that, as I read it, the hearing officer or officers can also serve
concurrently on the plan commission provided there's, obviously, no --
CHAIRWOMAN HILLER: Right, because those issues --
MR. OCHS: -- direct route back. Because the appeal does not
come back to the Planning Commission.
CHAIRWOMAN HILLER: It does not; it does not.
MR. OCHS: But I'm just trying to think through any scenario
where the hearing officer may sit to rule on a variance involving a
PUD, and then that PUD comes back at a later date with a large
change that would require a visit to the plan commission, would that
create any kind of a conflict?
MR. KLATZKOW: No, it's a different issue.
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COMMISSIONER HENNING: Didn't you meet with staff prior
to this meeting?
MR. OCHS: Yeah.
COMMISSIONER FIALA: Say that again. I'm sorry?
CHAIRWOMAN HILLER: I think it's good to clarify that on the
record.
MR. OCHS: That's all.
COMMISSIONER FIALA: What did you say?
CHAIRWOMAN HILLER: It's okay. I think -- yeah. I mean,
Commissioner Henning questioned whether the county manager
hadn't met with staff on this prior to the meeting. It's a fair question,
and I don't believe it creates a conflict at all.
MR. KLATZKOW: No, I don't think it creates a conflict and --
MR. OCHS: Good.
MR. KLATZKOW: -- I went back and forth on this issue with
the Planning Commission, because in one sense you want a
bifurcation of the two --
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: -- but at the end of the day, I've been here
10 years, and I keep seeing the same handful of people in this room
before you on land-use items. I mean, there's Rich, there's, you know,
Bruce, there's a couple of planners. We don't have a lot of people in
this county that have a depth of knowledge as to our Land
Development Code and rules and regulations, but you do have nine
people on your Planning Commission, and they do have that.
So if you're going to ignore the possibility of those people as
candidates for it, you're taking out a good chunk of the applicant pool,
quite frankly.
CHAIRWOMAN HILLER: Right. Oh, there's no doubt. But I
don't see a conflict, legal or otherwise, yeah, the fact that they're
working on the same project if they're in the respective positions. The
key is that they're not working on the same issue, which they're not.
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We're bifurcating the issues. So given that you're bifurcating the
issues, if they're wearing two different hats, that's like, you know, us
being on the Board of County Commissioners, us being on the Value
Adjustment Board. I mean, we --
MR. OCHS: No. I appreciate the clarification.
CHAIRWOMAN HILLER: Right. But it's a good --
COMMISSIONER NANCE: But if there's some conflict that
develops, they can always recuse themselves.
MR. OCHS: Right.
CHAIRWOMAN HILLER: That, too.
Commissioner Coyle?
COMMISSIONER COYLE: Wouldn't it be nice if we use that
concept with respect to the medical director, too? Huh?
Look, tell me when are you going to do a job description and a
budget for this thing?
CHAIRWOMAN HILLER: After this ordinance is passed.
COMMISSIONER COYLE: Okay. You pass the ordinance, and
then you're going to do a job description and a budget, and then you
go out and advertise, right?
CHAIRWOMAN HILLER: That's what was proposed, yeah.
COMMISSIONER COYLE: Is that -- well, that's --
MR. OCHS: Well, the ordinance says that the commission, once
the ordinance is adopted, will determine what the qualifications will
be and then, based on our discussion we just had, that would develop
into a request for proposals that would go out --
CHAIRWOMAN HILLER: Correct.
MR. OCHS: -- for competitive solicitation, correct?
CHAIRWOMAN HILLER: Correct, right.
COMMISSIONER COYLE: Okay. And so you want a
competitive solicitation, right?
MR. OCHS: This is your hearing officer.
COMMISSIONER COYLE: And the person who wants the job
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is actually involved in helping write the ordinance?
MR. KLATZKOW: No. I wrote the ordinance. I passed it by a
couple of people on your staff.
COMMISSIONER COYLE: Yeah.
MR. KLATZKOW: No, no, no. I did, sir.
COMMISSIONER COYLE: Yeah, yeah, I understand.
MR. KLATZKOW: No, I did. Let's be fair about this, okay. If
you want to look at the version I sent out and the version that came
back, it's 99.9 percent the same.
COMMISSIONER COYLE: Okay. You know what I would
have told you if somebody came to me and said, I'd like you to write
an ordinance or comment on an ordinance that you might be the
employee we select? I would say I think that's a conflict of interest,
and I'd prefer not to do that. But I can see that that didn't happen.
So we've got the guy who wants the job who is helping write the
law that creates the position, and you think you're going to have a
competitive solicitation of people? This thing is tailor made for Mark
Strain, and that's exactly what it is. It's creating a paid job for Mark
Strain. And I see that you're intent on proceeding down that path, and
there, apparently, is no way for you to even follow an appropriate
sequence of actions in order to get it accomplished.
CHAIRWOMAN HILLER: I think what the county attorney has
done is absolutely correct, and the proper sequence of actions is --
COMMISSIONER COYLE: Of course. He's done exactly what
you've told him to do.
CHAIRWOMAN HILLER: Well, the board --
COMMISSIONER FIALA: May I ask a couple questions,
please?
CHAIRWOMAN HILLER: And the board approved it. And by
the way, if I might add, the board fully -- I just want to clarify that the
board fully approved the course of action that's being taken.
Commissioner Fiala?
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COMMISSIONER FIALA: Yes. Way, way, way back
somebody down at that end of the table said something about, and
they might need a secretary. I didn't read anything about a secretary.
Are we talking about -- does a --
MR. KLATZKOW: We're talking about somebody at a hearing
would be there to assist. We're not talking about a permanent
secretary. We're not talking as an aide.
COMMISSIONER FIALA: Are you talking like a court reporter
secretary?
MR. KLATZKOW: No. We're talking about, if you -- like the
code enforcement board, if you look at their proceedings, they have a
secretary at that meeting. They'll put out the agenda. They will be
there to take the slips.
COMMISSIONER FIALA: Who pays for that position?
MR. KLATZKOW: The county does.
MR. OCHS: It's county staff.
COMMISSIONER FIALA: The county pays, so --
MR. KLATZKOW: It's county staff.
COMMISSIONER FIALA: -- there is a secretary needed for this
position?
MR. OCHS: We'll use current existing staff.
MR. KLATZKOW: We'll use existing current staff.
COMMISSIONER FIALA: Okay, fine. And then also, does --
now, I know Fort Myers uses a hearing officer, right?
MR. KLATZKOW: Yes.
COMMISSIONER FIALA: Do they also have a planning
commissioner -- I mean a Planning Commission?
MR. KLATZKOW: Yes, but their hearing examiners are very
different than this proposal. They're more of a legalistic venture.
Their board wanted nothing to do with zonings and that sort of thing,
so they set up a hearing examiner that takes care of all that, and the
appeal is directly to the Circuit Court after that.
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COMMISSIONER FIALA: Okay. And then Commissioner
Nance said something about this is money saved. Can you tell me
how this is money saved?
MR. KLATZKOW: I think this will be money saved -- I don't
think it's going to be a lot of money.
COMMISSIONER FIALA: I mean, because the Planning
Commission is free, you know.
MR. KLATZKOW: Well, no, it's not, because you've got nine
people sitting here --
CHAIRWOMAN HILLER: It's not free at all.
MR. KLATZKOW: -- you've got a court reporter, you've got
staff, just like you have here, sitting there a good chunk of the day.
You know, you've got the cameras going. There's a cost to it. I
couldn't tell you what the per diem cost is. This will just be one
person hearing a boat-dock extension and being done with it.
COMMISSIONER FIALA: But you still need the same people,
right?
MR. KLATZKOW: No.
COMMISSIONER FIALA: Oh, okay.
MR. KLATZKOW: Instead of having nine --
COMMISSIONER FIALA: And we don't pay him then?
CHAIRWOMAN HILLER: Pay who?
MR. KLATZKOW: You will pay the hearing examiner, yes.
COMMISSIONER FIALA: Okay, okay.
MR. OCHS: Commissioner, we think this is a more efficient
way to get the public's business done and also to free up the
commission to deal with matters of policy and maybe some more
substantive land-use items, frankly.
COMMISSIONER FIALA: Well, I would like to -- I would like
to talk to Mark Strain, I would like to talk to the other planning
commissioners and see what they think, unless this job is designed for
Mark Strain, you know.
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COMMISSIONER COYLE: Oh, it's for Mark. We may as well
cut straight to the chase right now. We'll save a lot of time and effort.
COMMISSIONER FIALA: Okay. Well, then --
COMMISSIONER HENNING: Just one more thing.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Jeff, did you write this ordinance?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: So the allegation is not true.
You wrote --
MR. KLATZKOW: It isn't. And if I've consulted with Mark -- I
have consulted with Mark for eight years.
COMMISSIONER HENNING: And I have, too. And I know
previous commissioners used his services. I think the staff consults
with him, too, right?
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: So if it is true on the assumption
by some that we get Mark Strain, wouldn't that be great for the county
and the citizens?
COMMISSIONER FIALA: Well, he would certainly be the
most powerful guy around here, wouldn't he?
COMMISSIONER HENNING: No, no.
CHAIRWOMAN HILLER: But this is for minor variances.
This is for, like, if you have a boat dock and you want -- he would be
absolutely not powerful. This is a small -- like, if you have a 1-foot
variance -- let's say your pool cage is over the setback by a foot.
COMMISSIONER FIALA: Well, I understand. I understand
what all that stuff means. I mean --
CHAIRWOMAN HILLER: Like -- let me --just to put in
perspective, the hearings that we had here today wouldn't go before
Mark Strain. We're talking about --
COMMISSIONER FIALA: But both of them then -- if he still
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had it, he would also be in charge of the Planning Commission, and he
would be the hearing officer, right?
CHAIRWOMAN HILLER: Well, he's -- his -- there's no being
in charge of the Planning Commission. The Planning Commission is
purely an advisory board.
COMMISSIONER FIALA: No, but he is the chairman.
CHAIRWOMAN HILLER: Yep, he's the chair, but it's advisory.
COMMISSIONER FIALA: I mean, and they really all -- they
count on him to lead them in the direction that, you know --
CHAIRWOMAN HILLER: Staff, would you be happy if Mark
was not helping you as part of this county?
COMMISSIONER FIALA: They love him, you know, and I
think we all depend on him.
COMMISSIONER HENNING: Doesn't sound like that. I wasn't
done yet.
CHAIRWOMAN HILLER: Go ahead. Go ahead.
COMMISSIONER HENNING: But, again, the citizens and the
staff and I think the County Commissioners, if we're that fortunate that
he applies for it, what a blessing. And, of course, now, he doesn't
write for any of the papers and oppose some of the commissioners'
ideas on the board -- and I know where that's coming from, Jackson
Labs, where he was vocal about that. He doesn't write a column
anymore, okay.
So -- and I think if you ask the average citizen -- Commissioner
Fiala, you go out there quite a bit -- what do you think of Mark Strain?
I think you'll get an honest answer, and I also think that you'll get a
clear direction.
COMMISSIONER FIALA: Well, you know, I refer to him all
the time, so, you know --
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: -- I'm certainly in that camp.
CHAIRWOMAN HILLER: All right. Do we have a motion to
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approve the --
COMMISSIONER HENNING: Motion to approve. I think I
did.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Okay. We have a motion and a
second on the floor.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries 4 --
COMMISSIONER COYLE: 4-1 .
CHAIRWOMAN HILLER: -- 4-1 with Commissioner Coyle
dissenting.
Item #14B1
ELECTION OR REELECTION OF COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) CHAIR
AND VICE-CHAIR FOR 2013 - MOTION TO APPOINT
COMMISSIONER NANCE AS CHAIRMAN AND
COMMISSIONER FIALA AS VICE-CHAIR — APPROVED
We're now moving to the next item, which is the election on the
-- or re-election of the Collier County CRA chair and vice-chair for
2013.
MR. OCHS: Would you like to convene as the CRA, Madam
Chair?
CHAIRWOMAN FIALA: Oh, CRA meeting is now in order.
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MR. OCHS: It's 14B1, Madam Chair, election or re-election of
the Collier County Community Redevelopment Agency Chair and --
COMMISSIONER HENNING: I make a motion we appoint
Commissioner Nance to be chair.
COMMISSIONER HILLER: I'll second that.
Any discussion?
(No response.)
COMMISSIONER HILLER: There being no discussion --
MR. OCHS: It's --
CHAIRWOMAN FIALA: I can't say anything, you know.
That's --
MR. OCHS: You're the chair, though.
CHAIRWOMAN FIALA: Okay. All in favor?
COMMISSIONER HILLER: I'm doing your job.
Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: You can vote for yourself.
CHAIRWOMAN FIALA: All opposed, like sign.
COMMISSIONER NANCE: Well, I'd like to ask if
Commissioner Fiala would like to remain the chair. I will gladly be
vice-chair if she would like to be chair. It doesn't matter to me one
way or the other.
CHAIRWOMAN FIALA: It doesn't -- I love being the chair
because --
COMMISSIONER NANCE: If you would like to continue the
chair, I'll vote no.
CHAIRWOMAN FIALA: Oh, well. I don't want you to do that
either, as long as --
COMMISSIONER NANCE: I just did it.
COMMISSIONER HILLER: Well, I mean, the other --
COMMISSIONER NANCE: I nominate Commissioner Fiala to
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March 12, 2013
be chair.
COMMISSIONER HILLER: Hang on. You can't do that. We
have a motion --
CHAIRWOMAN FIALA: I think you've got --
COMMISSIONER NANCE: I voted no.
COMMISSIONER HILLER: -- on the table and a second. And
just -- the only other thing is is that Commissioner Fiala could be the
vice-chair, because I think -- you would like to stay involved with all
the CRAs, right?
CHAIRWOMAN FIALA: Well, I am involved with them --
COMMISSIONER HILLER: Right. And that's why.
CHAIRWOMAN FIALA: -- whether I'm here or not.
COMMISSIONER HILLER: And that's why -- right. So, I
mean, one of the things -- I mean, one option would be to have
Commissioner Nance as the chair and Commissioner Fiala as the
vice-chair.
COMMISSIONER NANCE: Yes.
COMMISSIONER HILLER: Or -- does that work?
COMMISSIONER NANCE: That works fine.
COMMISSIONER HILLER: Okay. So then Commissioner
Nance is the chair.
So then, Commissioner Henning, would you amend the motion to
make -- to nominate Commissioner Nance as the chair and
Commissioner Fiala as the vice-chair?
COMMISSIONER HENNING: We didn't finish the vote then.
Did the motion --
CHAIRWOMAN FIALA: We did, actually. It was a 4-1 vote
for Commissioner Nance.
COMMISSIONER HILLER: It was a 4-1 .
COMMISSIONER NANCE: Okay.
COMMISSIONER HENNING: I'll make a motion that we
appoint Commissioner Fiala as vice-chair.
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March 12, 2013
COMMISSIONER HILLER: Okay. So --
COMMISSIONER NANCE: Second.
COMMISSIONER HILLER: Commissioner Fiala?
CHAIRWOMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER COYLE: (No verbal response.)
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed?
(No response.)
CHAIRWOMAN FIALA: The CRA meeting's closed.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: That takes us to Item 15, Commissioners, staff and
commission general communications. I have no items for the board
this afternoon, ma'am.
CHAIRWOMAN HILLER: What's that?
MR. OCHS: I have nothing.
CHAIRWOMAN HILLER: Nothing?
MR. OCHS: No, ma'am.
CHAIRWOMAN HILLER: Nothing? I know nothing?
MR. OCHS: I know nothing.
CHAIRWOMAN HILLER: I do have a request.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Chocolate, dark chocolate.
MR. OCHS: Okay. I'll write that down.
CHAIRWOMAN HILLER: We have this thing going. No public
funds involved, but --
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COMMISSIONER NANCE: I only have one comment.
CHAIRWOMAN HILLER: But lasting through these meetings
does require some basic sustenance, and dark chocolate works.
Yes, sir?
MR. KLATZKOW: I just have one very minor thing. While
Commissioner Coyle's aide was working with my aide on the
resolutions for the various advisory board members, they found that
there was a typo in your executive summary for the Code
Enforcement Board nominations. It says that the terms will expire
February 14, 2017. The terms will actually expire February 14, 2016.
So we'll bring those resolutions to the chair for signature --
CHAIRWOMAN HILLER: That's fine.
MR. KLATZKOW: -- if that's okay with the board.
CHAIRWOMAN HILLER: That's not a problem.
MR. KLATZKOW: That's it.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Nothing for me.
CHAIRWOMAN HILLER: Nothing?
COMMISSIONER FIALA: Yes, I do have something to say;
two things, actually. Thanks to -- she's probably not listening
anymore, but thanks to Tammy in the County Attorney's Office for
bringing me down some little throat lozenges. I really appreciate that.
And the second thing is I want to thank each one of you
commissioners and all of the staff members for putting up with me all
day long blowing my nose and coughing and sneezing and using my
hand lotion. I really appreciate everybody just, you know, not even
treating me like I was a bag of sinuses here. Thank you.
MR. OCHS: We hope you feel better soon, ma'am.
COMMISSIONER FIALA: Oh, I will. You can't keep a good
woman down.
COMMISSIONER COYLE: Here's some throat spray for you.
CHAIRWOMAN HILLER: Commissioner Henning?
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March 12, 2013
COMMISSIONER HENNING: The Gulf Coast Consortium, the
dues are going to change a little bit. I think ours is actually going to
go down a little bit. And I apologize, I didn't bring my notes;
however, I would highly recommend that we appoint an alternative, a
third alternative to the Gulf Coast Consortium. Commissioner Fiala is
an alternative.
The scenario is, if the consortium gets together on a day that
Commissioner Fiala and I have a mandatory meeting like this one,
then Collier County's not represented. Other counties have done it,
appointed a third alternative, and I think we should do that just --
CHAIRWOMAN HILLER: Who do you -- who do you
recommend as the third?
COMMISSIONER HENNING: Well, I think -- I don't know. It
would have to be -- I would say one of the county manager's staff, and
I'll be glad to bring something on the agenda.
CHAIRWOMAN HILLER: Could you?
COMMISSIONER HENNING: And that action item needs to go
to the consortium anyways for them to recognize that.
CHAIRWOMAN HILLER: Could you bring it to the next
meeting?
COMMISSIONER HENNING: Sure.
COMMISSIONER FIALA: And you're absolutely right, when
we can't make it, we've got to be represented there. We don't want
anything flowing by us without representation. Thank you for
suggesting that.
COMMISSIONER HENNING: Right. But I did clear my
calendar when the meeting's in the Keys, so I will be going down
there.
COMMISSIONER FIALA: So I know not to go to that one,
huh?
COMMISSIONER HENNING: Well, no, you can go.
MR. OCHS: If you need any staff support, sir, you just let us
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March 12, 2013
know.
COMMISSIONER HENNING: If you would kind of--
MR. OCHS: I mean for the Keys.
COMMISSIONER HENNING: -- some kind of-- give me some
kind of indication so I can get it on the agenda.
MR. OCHS: Yep.
COMMISSIONER HENNING: You know, the last meeting is
really -- it was important that we had the meeting; however, there
wasn't a lot of business. We're still waiting for the courts and the
federal government to decide where the money -- the details of how it
can be spent.
But the Pot 2 money, which is controlled by -- is it Pot 2 or Pot
3? I should have brought that chart -- controlled by the state, that's
basically all going to be environmental projects.
COMMISSIONER FIALA: Is that the one that was up in
Pensacola?
COMMISSIONER HENNING: Yes.
COMMISSIONER FIALA: Yeah, I did that one by telephone
because I didn't think we could ever afford to send me up there.
COMMISSIONER HENNING: Well, I actually rode with a Lee
County Commissioner.
COMMISSIONER FIALA: No kidding. Did you?
COMMISSIONER HENNING: Yeah.
COMMISSIONER FIALA: Good for you, good for you.
COMMISSIONER HENNING: So we're -- I mean, it was far,
far -- like, you know, a thousand percent cheaper than, you know,
going up myself.
COMMISSIONER FIALA: Just as a note for everybody else,
did you know it's farther to go from Pensacola all the way down to
Key West to drive there than to go from Pensacola to Chicago? I
learned that while I worked for the airline. Now, that's a fact.
COMMISSIONER NANCE: It's 930 miles.
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March 12, 2013
COMMISSIONER HENNING: But, anyways, that's all I have.
Motion to adjourn.
CHAIRWOMAN HILLER: Thank you. No, no, no; no, no, no.
Not so fast.
COMMISSIONER HENNING: Okay. I apologize.
CHAIRWOMAN HILLER: Not so fast.
COMMISSIONER NANCE: Is it my turn?
CHAIRWOMAN HILLER: Yes, sir.
COMMISSIONER NANCE: Well, I think since Commissioner
Hiller's dog is going to start receiving honorariums as a result of this
meeting, I just want to make sure that Collier County gets their --
CHAIRWOMAN HILLER: Fair share?
COMMISSIONER NANCE: -- gets their fair share of the cut.
CHAIRWOMAN HILLER: Their cut? Hey, I can't help it if
Elizabeth becomes a super model, you know. She could show up on
K-9 Today for all I know.
Okay. All proceeds from -- that are raised as a result of Elizabeth
appearing anywhere in public will be donated to DAS, and I promise
that --
MR. OCHS: All right.
CHAIRWOMAN HILLER: -- to benefit all dogs and cats and
other animals of Collier County.
I do want to put a few things on the record. Brent Batten, as
usual, wrote an article which was factually incorrect and misleading to
our community.
COMMISSIONER HENNING: Really?
CHAIRWOMAN HILLER: Yeah, surprise, surprise.
So here are a few things which I'm sure he will not correct but
needs to be placed on the record. North Naples Fire District only gave
me 500 bucks, but what he also failed to state, because he's prone to
one-sided stories where he factually only reports those facts that
support his opinion, he failed to disclose that Dr. Tober, for example,
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March 12, 2013
in the last election that just passed, donated $5,550 directly, or through
his family, to Commissioner Coletta. I think he donated about a
$1,500 to Commissioner Coletta. And to the -- and to three gentlemen
who were running in three fire district races for fire commissioner, he
donated 3,000 bucks.
COMMISSIONER HENNING: He donated to my campaign.
CHAIRWOMAN HILLER: No, he didn't donate to your
campaign.
COMMISSIONER FIALA: How about mine?
CHAIRWOMAN HILLER: I didn't see him on your -- I didn't
see --
COMMISSIONER FIALA: No, he's not on mine.
CHAIRWOMAN HILLER: He didn't -- he didn't -- you know,
you're right, Commissioner Fiala.
COMMISSIONER FIALA: I'm not even on his email list.
CHAIRWOMAN HILLER: Wow, I didn't even notice that.
You're right. He didn't donate to you. He donated -- and he didn't
donate to Commissioner Nance, and he didn't donate to Commissioner
Henning.
COMMISSIONER HENNING: He did.
CHAIRWOMAN HILLER: I mean -- forgive me. To Henning?
Did he donate to you?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Really? It didn't show up here. It
shows Coletta. How much did he donate to you?
COMMISSIONER HENNING: I don't recall.
CHAIRWOMAN HILLER: Really? Because it's not showing
up. I have the Supervisor of Elections results here.
So, you know, when we're talking about influencing votes with
donations, well, I think it speaks for itself.
COMMISSIONER HENNING: How much advertising --
CHAIRWOMAN HILLER: Or not.
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March 12, 2013
COMMISSIONER HENNING: How much advertising -- the
hospitals put in the Naples Daily News?
CHAIRWOMAN HILLER: Yeah, good question. I don't know.
But, anyway, the bottom line is, you know, Dr. Tober made his
contributions. North Naples Fire only donated 500 to mine. So I'm
going to introduce this as an exhibit on the record so everyone can see
how the donations are flowing, if that matters which, according to
Brent Batten, in his opinion it seems to matter. So if it matters, then it
matters as to Dr. Tober. That's number one.
And, Number 2, very importantly, this weekend is St. Patrick's
Day, and I think everyone deserves all the Irish luck that can come
their way. And I have to commend Commissioner Fiala, because she
is the only one who is honoring that day with the appropriate color.
And could you just flash for the cameras, because let's --
COMMISSIONER FIALA: I've already been in one of the
parades.
CHAIRWOMAN HILLER: -- face it, she has the spirit. And,
you know, I just -- I think it's one of the best holidays in the world. I
just love it.
So Happy St. Patrick's Day.
And would you like to make a motion to adjourn, Commissioner
Henning?
COMMISSIONER FIALA: Make a motion to adjourn.
CHAIRWOMAN HILLER: Wait, wait. Commissioner Henning
called it first.
COMMISSIONER FIALA: Oh.
COMMISSIONER HENNING: Yeah, motion to adjourn.
CHAIRWOMAN HILLER: Okay. Thank you. Commissioner
Fiala?
COMMISSIONER FIALA: Oh, second, yeah.
CHAIRWOMAN HILLER: Awesome. All in favor?
COMMISSIONER COYLE: (No verbal response.)
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March 12, 2013
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
**** Commissioner Fiala moved, seconded by Commissioner
Henning and carried unanimously that the following items under the
Consent Agenda be approved ****
Item #16A1
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $376,860.76 WHICH WAS POSTED
AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH GERMAIN TOYOTA (APPLICATION NUMBER AR-
14125) — DEVELOPER HAS FULFILLED THEIR
COMMITMENTS WITH RESPECT TO THE SECURITY
Item #16A2
AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR HUNTER
BOULEVARD FROM SANTA BARBARA BOULEVARD TO
GOLDEN GATE PARKWAY FOR THE VOLUNTEER GROUP,
TRI ROSE REALTY
Item #16A3
AN EASEMENT AGREEMENT AND TEMPORARY EASEMENT
AGREEMENT FOR THE ACQUISITION OF A DRAINAGE
EASEMENT (PARCEL NO. 272 DE) AND TEMPORARY
CONSTRUCTION EASEMENT (PARCEL NO. 272TCE) WHICH
IS REQUIRED FOR THE CONSTRUCTION OF THE
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March 12, 2013
HALDEMAN CREEK AND CROWN POINTE WEIRS SEGMENT
OF THE LELY AREA STORMWATER IMPROVEMENT
PROJECT (PROJECT #51101) ESTIMATED FISCAL IMPACT:
$2,325 — FOLIO #74380000361
Item #16A4
RELEASE OF LIEN IN THE AMOUNT OF $17,662 FOR
PAYMENT OF $1,362, IN THE CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS VS. OLGA
NIKOLAKOPOULOS, CODE ENFORCEMENT CASE NUMBER
CEPM20100005355, RELATING TO PROPERTY LOCATED AT
1412 MONARCH CIRCLE, COLLIER COUNTY, FLORIDA —
FOR AN UNMAINTAINED POOL THAT WAS BROUGHT INTO
COMPLIANCE ON DECEMBER 28, 2010
Item #16A5
RELEASE OF LIEN IN THE AMOUNT OF $18,512.20 FOR
PAYMENT OF $562.20, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. WYNETA THELICE, CODE ENFORCEMENT CASE
NUMBER CESD20100018577, RELATING TO PROPERTY
LOCATED AT 5472 27TH PLACE SW, COLLIER COUNTY,
FLORIDA — FOR AN UNPERMITTED FENCE THAT WAS
BROUGHT INTO COMPLIANCE ON NOVEMBER 1, 2011
Item #16A6
RECORDING THE FINAL PLAT OF HAMPTON VILLAGE
PHASE 1 REPLAT (PL20120002486), APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
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March 12, 2013
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL
APPROVAL LETTER
Item #16A7
RECORDING THE FINAL PLAT OF CAMDEN LAKES,
APPLICATION NUMBER PPL-PL20120000747 APPROVAL OF
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY— DEVELOPER
MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A8
RECORDING THE FINAL PLAT OF RIVERSTONE - PLAT
FOUR (PPL-PL20120002198), APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY— DEVELOPER MUST RECEIVE A CERTIFICATE
OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE
ISSUANCE OF THE CONSTRUCTION PLAN FINAL
APPROVAL LETTER
Item #16A9
THE REMOVAL OF COLLIER COUNTY AS THE LESSEE
FROM THE SOVEREIGNTY SUBMERGED LAND
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March 12, 2013
AQUACULTURE LEASE AS REQUESTED BY THE STATE OF
FLORIDA — DUE TO THE STATE PURSUING AQUACULTURE
IN LEE COUNTY
Item #16A10
CONTRACT #13-5993 FOR PROJECT #60088 TO MIDWESTERN
SOFTWARE SOLUTIONS FOR CONSULTING SERVICES TO
DEVELOP AND SUPPORT A TRAFFIC COUNT SOFTWARE
SYSTEM. CONTRACT AWARD AMOUNT $101,840 —
CONSOLIDATING FOUR SYSTEMS INTO A SINGLE
AUTOMATED DATABASE
Item #16A1 1
OFFICIAL INTERPRETATION (OI) REGARDING THE LEGAL
STANDING OF THE SITE DEVELOPMENT PLAN
INSUBSTANTIAL CHANGE (SDPI-PL20120000824) THAT
PROVIDED FOR THE REDEVELOPMENT OF THE
RIVERCHASE COMMERCIAL CENTER'S LANDSCAPE PLAN
Item #16Al2
CHANGE ORDER NO. 5 TO CONTRACT #09-5278 IN THE
AMOUNT OF $326,199 AND FOR AN ADDITIONAL 413 DAYS
(PHASE I) WITH STANLEY CONSULTANTS, INC., FOR
DESIGN & RELATED SERVICES FOR THE INTERSECTION
CAPACITY IMPROVEMENTS TO THE US41 AND SR/CR951
INTERSECTION AND RESURFACING, RESTORATION AND
REHABILITATION (3R) ROADWAY IMPROVEMENTS TO
SR951 ; PROJECT #60116 — DUE TO SCOPE ENHANCEMENTS
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March 12, 2013
THAT COULD NOT HAVE BEEN FORESEEN AND TO ADD
FUNDING FOR POST DESIGN SERVICES
Item #16A13
A REFUND FOR THE SUBDIVISION INSPECTION FEES,
UTILITY INSPECTION FEES, AND EXCAVATION
INSPECTION FEES, TOTALING $30,109.01, REQUESTED BY
NORWOOD NAPLES LLC FOR THE PROJECT KNOWN AS
2005-AR-8592 AND A BUDGET AMENDMENT AS REQUIRED
— REQUESTED BY APPLICATANT SINCE A PRE-
CONSTRUCTION MEETING WAS NOT HELD AND
INSPECTIONS WERE NOT PERFORMED FOR THE
REMINGTON LAKES (SABAL BAY TRACT 1) PROJECT
Item #16B1
THE BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE
CRA'S 2012 ANNUAL REPORTS, FORWARDING THE
REPORTS TO THE BOARD OF COUNTY COMMISSIONERS
AND CLERK OF COURTS AND PUBLISH PUBLIC NOTICE OF
THE FILING
Item #16C1
AMENDMENT NO. 2, A $308,000 INCREASE IN GRANT
FUNDING FROM THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR ALTERNATIVE WATER
SUPPLY GRANT #4600002535 AND THE NECESSARY
BUDGET AMENDMENT — FOR THE RO AND BOOSTER PUMP
PROJECT AND ASR WELL PROJECT
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March 12, 2013
Item #16C2
BID NUMBER 13-6033, "7TH ST. SW RAW WATER BOOSTER
STATION PUMP AND VFD REPLACEMENT," TO
HINTERLAND GROUP, INC., IN THE AMOUNT OF $653,400,
AND A BUDGET AMENDMENT IN THE AMOUNT OF $350,000
FOR PROJECT NUMBER 70085 — FOR MAINTAINING RAW
WATER BOOSTER PUMP STATION RELIABILITY THAT
SUPPLIES 60% OF THE RAW WATER AT BOTH THE NORTH
AND SOUTH COUNTY REGIONAL WATER TREATMENT
PLANTS
Item #16D1
AN AGREEMENT WITH NAPLES COMMUNITY HEALTH
CARE (NCH) SYSTEM IN COOPERATION WITH THE SAFE
AND HEALTHY CHILDREN'S COALITION OF COLLIER
COUNTY TO PROVIDE WATER SAFETY INSTRUCTION TO
COLLIER COUNTY YOUTH IDENTIFIED WITH THE SWIM
CENTRAL PROGRAM IN THE AMOUNT OF $4,000 —
PROVIDING SWIM LESSONS TO CHILDREN 4-5 YEARS OLD
TO ASSIST WITH DROWNING PREVENTION EFFORTS
Item #16D2
THREE (3) SUBRECIPIENT AGREEMENTS WITH CATHOLIC
CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE,
THE SHELTER FOR ABUSED WOMEN AND CHILDREN AND
ST. MATTHEWS HOUSE FOR THE FY2012-2013 U.S. HOUSING
AND URBAN DEVELOPMENT (HUD) EMERGENCY
SOLUTIONS GRANT (ESG) — SUPPORTING VARIOUS
HOMELESS PROGRAMS
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March 12, 2013
Item #16D3
STAFF TO ADVERTISE AN ORDINANCE THAT REPEALS THE
STATE HOUSING INITATIVES PARTNERSHIP (SHIP)
PROGRAM ORDINANCE (ORDINANCE NO. 93-19, AS
AMENDED) AND THE AFFORDABLE HOUSING ADVISORY
COMMITTEE ORDINANCE (ORDINANCE NO. 91-65, AS
AMENDED) AND ADOPT A SINGLE CONSOLIDATED
ORDINANCE ESTABLISHING THE COLLIER COUNTY SHIP
LOCAL HOUSING ASSISTANCE PROGRAM FOR
CONSIDERATION BY THE BOARD AT A FUTURE MEETING
Item #16D4
THE SUBMITTAL OF "CRIMINAL JUSTICE MENTAL HEALTH
AND SUBSTANCE ABUSE REINVESTMENT GRANT
PROGRAM GRANTEE APPLICATION FOR ADVANCE
FUNDING" TO THE FLORIDA DEPARTMENT OF CHILDREN
AND FAMILIES (DCF) AND THE CORRESPONDING BUDGET
AMENDMENT TO RECOGNIZE REVENUE IN THE AMOUNT
OF $182,216.27 — IN ORDER TO ACCESS THE THIRD YEAR OF
FUNDING
Item #16D5
A DONATION FROM THE RECENTLY DISSOLVED COLLIER
COUNTY FRIENDS OF EXTENSION, INC. IN THE AMOUNT
OF $40,631 .43, A BUDGET AMENDMENT IN THAT AMOUNT
RECOGNIZING REVENUE AND APPROPRIATING $21,400 TO
SUPPLEMENT EXISTING EDUCATION PROGRAM
MATERIALS AND SUPPLIES AND PLACE THE REMAINING
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March 12, 2013
$19,231 .43 IN RESERVES — FOR CONTINUED SUPPORT FOR
HORTICULTURAL PROGRAMS AT THE UNIVERSITY OF
FLORIDA EXTENSION
Item #16E1
CREATING TWO NEW PROJECTS WITHIN THE COURT
FACILITIES FEES CAPITAL FUND 181, FOR COURT
APPROVED PROJECTS FOR IMPROVEMENTS TO THE
COURTHOUSE AND BUDGET AMENDMENTS IN THE
AMOUNT OF $425,000 — REPLACING THE COURTROOM
LIGHTING AND DIMMER SYSTEM AND FOR INSTALLATION
OF A NEW ELECTRONIC EVIDENCE PRESENTATION
SYSTEM
Item #16E2
RESOLUTION 2013-60: A LEASE AGREEMENT WITH STATE
REPRESENTATIVE CARLOS TRUJILLIO FOR USE OF
COUNTY-OWNED OFFICE SPACE FOR TWO YEARS FOR
TOTAL REVENUE OF $20 - LOCATED IN THE
ADMINISTRATION BUILDING AND RUNS UNTIL
NOVEMBER 15, 2014
Item #16E3
CONTRACTS #09-5262-S2 COUNTYWIDE ENGINEERING
SERVICES FOR COASTAL ENGINEERING SERVICES TO
HUMISTON AND MOORE ENGINEERS AND TURRELL, HALL
& ASSOCIATES, INC. AND THE CHAIRWOMAN TO SIGN THE
COUNTY ATTORNEY APPROVED CONTRACTS — USED BY
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March 12, 2013
COUNTY DEPARTMENTS TO FACILITATE OPERATIONS
AND CAPITAL PROJECT IMPLEMENTATION
Item #16E4
REQUEST FOR PROPOSAL (RFP) #13-6045 INDEPENDENT
LEGAL SERVICES FOR VALUE ADJUSTMENT BOARD AND
THE BOARD'S REPRESENTATIVE TO APPROVE THE
CONTRACT TO BOND SCHOENECK & KING, PLLC
Item #16E5
SUBMITTAL OF AN EMS MATCHING GRANT APPLICATION
TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH,
BUREAU OF EMERGENCY MEDICAL SERVICES FOR
BARIATRIC EQUIPMENT IN THE AMOUNT OF $30,000 IN
GRANT FUNDS AND A REQUIRED LOCAL MATCH OF
$10,000 — FOR SAFER MOVEMENT AND TRANSPORT OF
BARIATRIC PATIENTS
Item #16E6
REPORTS AND RATIFY STAFF-APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS — FOR THE
PERIOD OF JANUARY 30, 2013 THROUGH FEBRUARY 19,
2013
Item #16E7
REJECT INVITATION TO BID (ITB) #12-5959 FOR ALARM
MONITORING SERVICES AND EXTEND ITB #08-5101 —
ALARM MONITORING SERVICES TO DA SYSTEMS DBA
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March 12, 2013
DEHART ALARM SYSTEMS FOR SIX (6) MONTHS OR UNTIL
A NEW SOLICITATION IS EXECUTED — ALLOWING STAFF
TO MAKE NECESSARY MODIFICATIONS TO THE
SOLICITATION
Item #16F1
RESOLUTION 2013- 61 : AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2012-13 ADOPTED
BUDGET — RELATING TO THE IMMOKALEE CRA GRANT
FUND, CATT TRANSIT ENHANCEMENT FUND AND PARKS
& RECREATION CAPITAL IMPROVEMENT FUND
Item #16F2
RESOLUTION 2013-62: THE FOURTH ANNUAL REPORT ON
THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT" AND A RESOLUTION EXTENDING THE
PROGRAM TO JULY 1, 2013, IN LIGHT OF THE UPCOMING
MAY 2013 DISCUSSION/WORKSHOP WHERE THIS HAS BEEN.
IDENTIFIED AS A POTENTIAL TOPIC
Item #16F3
RESOLUTION 2013-63: AN UPDATED DISTRIBUTION OF THE
FIVE CENTS AND SIX CENTS LOCAL OPTION FUEL TAXES
BETWEEN THE COUNTY, THE CITY OF NAPLES, THE CITY
OF MARCO ISLAND AND EVERGLADES CITY AND
SUBMITTAL OF THE RESOLUTION AND FINDINGS TO THE
FLORIDA DEPARTMENT OF REVENUE FOR
IMPLEMENTATION
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March 12, 2013
Item #16F4
DIRECTION TO THE COUNTY MANAGER, OR HIS
DESIGNEE, ON THE REFUND OF PREVIOUSLY PAID
AFFORDABLE HOUSING CONTRIBUTIONS UPON THE
APPROVAL OF MINOR CHANGES TO PLANNED UNIT
DEVELOPMENTS OR SETTLEMENT AGREEMENTS TO
REMOVE THE AFFORDABLE HOUSING CONTRIBUTION
COMMITMENTS, IN ACCORDANCE WITH THE NEWLY
APPROVED LAND DEVELOPMENT CODE PROCESS — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16H1
ADVISORY BOARD VACANCIES MARCH 1-22, 2013
Item #16H2
COMMISSIONER HILLER'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE GRAND REOPENING OF THE
CONSERVANCY OF SOUTHWEST FLORIDA ON APRIL 18,
2013. $75 TO BE PAID FROM COMMISSIONER HILLER'S
TRAVEL BUDGET
Item #16H3
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION LUNCHEON ON FEBRUARY 21, 2013. THE
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March 12, 2013
SUM OF $18 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET — HELD AT THE HAMILTON HARBOR
YACHT CLUB, 7065 HAMILTON AVENUE
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE MARCO POLICE FOUNDATION
LUNCHEON ON JANUARY 31, 2013. THE SUM OF $20 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET —
HELD AT THE HIDEAWAY BEACH CLUB, 250 SOUTH BEACH
DRIVE
Item #16H5
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE UNITED ARTS COUNCIL OF
COLLIER COUNTY STARS IN THE ARTS AWARDS
LUNCHEON ON FEBRUARY 28, 2013. THE SUM OF $45 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET —
HELD AT THE WALDORF ASTORIA
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE NAPLES FREE-NET ANNUAL
MEETING & DINNER ON MARCH 11, 2013. THE SUM OF $17
TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — HELD AT THE ROYAL WOODS GOLF COUNTRY
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March 12, 2013
CLUB, 4300 ROYAL WOOD BOULEVARD (OFF
RATTLESNAKE HAMMOCK ROAD)
Item #16H7
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. TO ATTEND THE HONOR THE FREE PRESS DAY
LUNCHEON ON MARCH 13, 2013. THE SUM OF $30 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET —
HELD AT THE NAPLES HILTON, 5111 TAMIAMI TRAIL
NORTH
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 21, 2013
THROUGH FEBRUARY 27, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16K1
RESOLUTION 2013-64: EXTENDING THE EXISTENCE OF THE
COLLIER COUNTY ATV PARK AD HOC COMMITTEE FOR 12
ADDITIONAL MONTHS - CURRENT SUNSET DATE IS JUNE
12, 2013
****Commissioner Fiala moved, seconded by Commissioner Nance
and carried unanimously that the following items under the Summary
Agenda be adopted
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March 12, 2013
Item #17A
THIS ITEM CONTINUED TO THE MARCH 26, 2013 BCC
MEETING. PETITION VAC-PL20120002564, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE UPLAND RECREATIONAL
OPEN SPACE EASEMENT (U.R.O.S), BEING A PART OF
TRACT "S" OF EMBASSY WOODS GOLF AND COUNTRY
CLUB AT BRETONNE PARK, PHASE ONE, PLAT BOOK 17,
PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 5,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT "A"
AND TO APPROVE THE GRANT OF EASEMENT TO REPLACE
THE VACATED U.R.O.S. EASEMENT
Item #17B
RESOLUTION 2013-65: PETITION VAC-PL20120002603, TO
DISCLAIM, RENOUNCE AND VACATE ALL OF PRESERVE P-
6 AND A PORTION OF PRESERVE P-8, AS RECORDED IN
OFFICIAL RECORD BOOK 2406, PAGES 0549 THROUGH 0589,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
ALL OF PRESERVE/REPLANT AREAS PA94, PA95, A
PORTION OF PRESERVE/REPLANT AREAS PA96 AND PA 102,
BEING A PART OF TRACT 8 OF VANDERBILT COUNTRY
CLUB - 2, PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND A
PORTION OF PRESERVE/REPLANT AREAS PA96 AND PA 102,
BEING A PART OF TRACT FD 10 OF VANDERBILT COUNTRY
CLUB - 2, PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
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March 12, 2013
A PART OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY
SHOWN IN EXHIBIT "A" AND TO APPROVE THE GRANT OF
EASEMENT TO REPLACE THE VACATED
PRESERVE/REPLANT AREAS
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:18 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OF CIO GO, ERNING BOARD(S) OF
S ' • AL DISTRICTS UNDER ITS CONTROL
G . 'i RGIA HILLER, CHAIRWOMAN
ATTEST
DWIGHT,E: BIOOK, CLERK
i
b . V!1 , A. � .
r•� Attestts to Chairman's
These minutes aplov the Board on Aw9 3_61_3 ,
as presented or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY CHERIE NOTTINGHAM AND
TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.
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