BCC Minutes 03/26/2013 R BCC
REGULAR
MEETING
MINUTES
MARCH 26, 2013
March 26, 2013
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 26, 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
Donna Fiala
Tim Nance
Fred Coyle
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Mike Sheffield, Business Operations Manager - CMO
Troy Miller, Television Operations Manager
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
March 26, 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 Vice - Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB 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 26,2013
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 Bob Scudieri - Faith Lutheran Church
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
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March 26,2013
C. Approval of today's regular agenda as amended.
D. February 26, 2013 - BCC/Regular Meeting.
E. March 5, 2013 - BCC/Animal Control Ordinance/Traffic Signal
Timing/GMP Electronic Plan Workshop.
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating April 2013 as "National Fair Housing Month" in
Collier County. To be accepted by Miguel Villarreal, Vice President/Area
Sales Manager-Residential Mortgage, Fifth Third Bank and staff from
Housing, Human and Veterans Services. Sponsored by Commissioner
Coyle.
B. Proclamation designating April 2013 as "Water Conservation Month" in
Collier County. To be accepted by Paul Mattausch, Water Department
Director; Steve Messner, Interim Wastewater Department Director; and Lisa
Koehler, Big Cypress Basin Administrator, South Florida Water
Management District. Sponsored by Commissioner Coyle.
C. Proclamation supporting the mission of the Collier County Community
Garden Initiative in an effort to encourage additional community gardens
and to inspire a love of gardening in children and adults alike. To be
accepted by Annie Alvarez and Vickie Wilson from the Collier County
Parks and Recreation Department, and Brooke Hollander, Katie Vance,
Alyssa Costa, Jim Zimmerman, Luwana Milner and Elsa Martinez
representing the Collier County Community Garden Initiative. Sponsored
by Commissioner Henning.
D. Proclamation designating April 7 to April 13, 2013 as "Everglades Week" in
Collier County. To be accepted by Captain Franklin Adams, Master
Naturalist; Brad Cornell, Collier County Audubon Society; Nancy Payton,
Florida Wildlife Federation; Nicole Johnson, Conservancy of Southwest
Florida; Lyle McCandless, Big Cypress Sportsmen's Alliance, Inc.; and
Wayne Jenkins, Collier Sportsman and Conservation Club. Sponsored by
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March 26, 2013
Commissioner Nance.
5. PRESENTATIONS
A. Presentation of the "Above and Beyond" Award to Collier County
Government by the Department of Defense Committee on Employer Support
of the Guard and Reserve (ESGR), to publicly recognize Collier County for
providing extraordinary support to Florida National Guard and Reserve
service member employees.
B. Presentation recognizing the winners and finalists of the Laws of Life
Essay/Speech Contest. The Laws of Life Program is a character building
activity that helps young people focus on and develop positive character
traits that lead to a successful citizenship and life.
6. PUBLIC PETITIONS
A. Public Petition request from Ernest Freeman representing Gospel Church of
Hope in Immokalee regarding zoning.
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item 8 and Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the January 8, 2013 BCC Meeting
and further continued to the April 23, 2013 BCC meeting.
Recommendation to approve a "small-scale" amendment to the Golden Gate
Area Master Plan Element of the Growth Management Plan, Ordinance 89-
05, as amended, for transmittal to the Florida Department of Economic
Opportunity. (Adoption Hearing)
10. BOARD OF COUNTY COMMISSIONERS
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March 26, 2013
A. Reappointment of members to the Bayshore Beautification MSTU Advisory
Committee.
B. Appointment of members to the Pelican Bay Services Division Board.
C. Appointment of member to the Collier County Public Safety Authority.
D. This item to be heard immediately following Items #13A and #13B.
Recommendation that the Board of County Commissioners direct staff to
meet with the Clerk of Courts to develop an action plan for coordinated
financial reporting in accordance with Generally Accepted Principles of
Accounting (GAAP) and rules as promulgated by accounting Standards
Boards. Further that staff together with the Clerk, work to eliminate or
reduce as much as practicable duplicate financial functions. This will
facilitate efficient monthly review and comparison by operations
management personnel, and provide usable information to the Board.
(Commissioner Nance)
E. Recommendation that the Board of County Commissioners direct staff to
solicit proposals to develop and implement targeted improvements to the
County's federal and state grants compliance and administration systems.
The solicitation should be directed to public accounting firms with known
expertise in grants compliance accounting and auditing, including but not
limited to the Big 4 firms. Responses by bidders shall give consideration to
the recommendations for improvements to the existing grant processes and
systems as will be provided by the County's auditors, Ernst & Young. The
request for proposals (RFP) shall be developed and released within 60 days
of receipt of the Ernst & Young assessment report. (Commissioner Hiller)
F. Recommendation that the Board of County Commissioners adopt Chapter III
of Florida Statute 112 in whole, as currently approved by the State
Legislature and as such law may be amended in the future, as the county's
Ethics Ordinance; and, that all ethics provisions in existing county
resolutions and ordinances inconsistent with F.S. 112, Chpt. III be repealed
and replaced by the provisions of F.S. 112, Chpt. III; further, that the County
Attorney be designated the county's Chief Ethics Officer responsible for
ensuring that the ethics provisions adopted by the county are respected, to
provide guidance and opinions to the county's elected officials, staff,
contract employees, advisory board members and contractors/vendors as to
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March 26, 2013
what constitutes ethical conduct consistent with adopted law, and to develop
a code of practices and procedures so that what constitutes ethical conduct is
readily understood - i.e. what constitutes timely disclosure of conflicts. The
Chief Ethics Officer shall also oversee compliance with the State's Sunshine
and Public records laws as applicable to the county, and any other laws, both
federal and state, that obligate the county's elected officials, staff, contract
employees, advisory board members and contractors/vendors to conduct
themselves in an honest, ethical manner - all in the public's interest. That
the Board direct the County Attorney amend the county's ethics ordinances
and resolutions as provided and prepare a resolution for Board approval
designating the County Attorney as the county's Chief Ethics Officer, for
approval at the second Board meeting in April, 2013. (Commissioner Hiller)
G. Recommendation that the Board of County Commissioners direct the
County Manager to work with the County Attorney and the Clerk of Courts
to develop a tailored grants program for the benefit of the Victims Advocacy
Organizations ("VAO") in Collier County. These organizations assist
victims that (in one of many worst case scenarios) may end as wards of the
State. In the absence of VAOs, local government would have to make a
direct contribution of local tax dollars to assist such victims. Program
considerations may include but not be limited to: allowing for private
matching gifts that will expand the VAO grant pool, fee based grant
procurement assistance, dedicated county staffing, and a revised approach to
grants administration. In addition, the County Attorney is directed to work
with the Sheriff's Crimes Unit and the VAOs to bolster and/or develop local
ordinances that address crimes against such victims. In combination, the
proposed fiscal and legal direction will serve to help increase the aid and
protection VAOs provide. The hope is that in later years similar programs
can be developed for the benefit of other non-profit organizations in the
county. Staff proposal to be brought back to the Board of County
Commissioners for approval at the second board meeting in May, 2013.
(Commissioner Hiller)
11. COUNTY MANAGER'S REPORT
A. Recommendation to direct the County Manager, or his designee, to give
notice to formally initiate the integration of the Orange Tree Utility
Company into the Collier County Water-Sewer District to provide water and
sewer utilities to Orange Tree Utility customers pursuant to the May 28,
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March 26, 2013
1991, Agreement, as amended, between Orange Tree Utility Company and
Orangetree Associates and the Board of County Commissioners of Collier
County (Board), with the objective of returning to the Board with a proposed
Utility System Integration Agreement. (George Yilmaz, Public Utilities
Administrator)
B. Recommendation to approve the purchase of property insurance effective
April 1, 2013 in the estimated amount of$3,542,000, a decrease of$18,000.
(Jeff Walker, Risk Management Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 2:00 p.m. Presentation by the Clerk of the Circuit
Court regarding Audit Report 2012-10 Economic Development Council —
Review of Public Sector Expenditures.
B. This item to be heard immediately following Item #13A. Presentation by
the Clerk of the Circuit Court regarding Audit Report 2012-3 Immokalee
Regional Airport—Fill Dirt.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Presentation by Airport Authority Executive Director of the Airport
Authority's Plan for Self Sufficiency in response to February 26, 2013
Agenda Item #14A1 directing the Airport Director to bring back a
plan to reduce or eliminate the Annual Fund transfer and to pay back
the County loan.
2) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, make a determination regarding
the renegotiation or extension of the Airport Authority Executive
Director's Employment Agreement with Thomas C. Curry.
(Commissioner Nance)
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March 26,2013
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
approve the sale of five (5) CRA owned mobile home lots to NIAN
Financing Corporation; authorize the CRA Chairman to execute all
documents necessary to facilitate the sale and authorize staff to
deposit the funds received from the sale into the appropriate account.
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 accept the specific past staff clarifications of the
Land Development Code (LDC) attached to this Executive Summary.
2) Recommendation to approve final acceptance of the water utility
facility for Ritz Carlton Hotel PL 20090001409 and to authorize the
County Manager, or his designee, to release the Utility Performance
Security Bond (UPS) and Final Obligation Bond in the total amount
of$5,425.99 to the Project Engineer or the Developer's designated
agent.
3) Recommendation to authorize the release of the Excavation
Performance Bond in the amount of$1,000,000 to the Project
Engineer or the Developer's designated agent for Arthrex at Ave
Maria AR-13095.
4) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Heritage Bay Commons
(Application Number AR-PPL5877) with the roadway and drainage
improvements being privately maintained and authorizing the release
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March 26,2013
of the maintenance security and acceptance of the plat dedications.
5) Recommendation to authorize staff to advertise an amendment to the
County's Flood Damage Prevention Ordinance (FDPO) to adopt
Letters of Map Change and Physical Map Revisions that have been
approved by the Federal Emergency Management Agency (FEMA)
and establish revisions to the effective Digital Flood Insurance Rate
Map (DFIRM).
6) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$75,000 which was posted as a
development guaranty for work associated with Lee County Electric
Company (LCEC) sub-station, (Application Number AR-13608).
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Arthrex at Creekside - Tract
"A", Application Number FP-PL20130000261.
8) Recommendation to approve the release of lien in the amount of
$314,557.86 for payment of$807.86, in the Code Enforcement Action
entitled Board of County Commissioners vs. Naples Property
Services, LLC, Code Enforcement Case Number 2007050653,
relating to property located at 865 95th Ave N, Collier County,
Florida.
9) Recommendation to approve a work order in excess of the Board's
$200,000 spending threshold and authorize the expenditure of$48,520
for McGee & Associates to prepare 100% landscape design plans for
the Immokalee Road/I-75 Interchange.
10) Recommendation to approve award of Invitation To Bid ITB No. 12-
5936R Beach Maintenance Activities to Eastman Aggregate
Enterprises, LLC for an as-needed contract for emergency beach
maintenance services, authorize the Chairman to sign the County
Attorney's approved contract, and make a finding that this activity
promotes Tourism.
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11) Recommendation to consider the developer's request to release a PUD
Commitment within the Tuscany Reserve PUD.
12) Recommendation to approve and authorize the Chairwoman to
execute a Promotional Fund Private Grant Agreement in the amount
of$500,000 for the County's artificial reef program, accept donated
professional services from Turrell, Hall and Associates Inc., and
approve any necessary budget amendments.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners acting as
the Community Redevelopment Agency (CRA) approve a budget
amendment authorizing the Immokalee Community Redevelopment
Agency to commit $61,087 of CDBG Grant Award #B-12-UC-12-
0016 for FY2012-2013, Job Creation Project, to Fund 715 for the
Immokalee Business Development Center (IBDC).
2) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Collier County Community
Redevelopment Agency (CRA) approve the selection committee
rankings and authorize entering into negotiations with CDM Smith,
Inc., for a contract related to Request for Proposal Number 13-5988,
"Immokalee Stormwater Improvements - Phase II."
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the Satisfactions of Lien for the 1991,
1992, 1993, 1994, 1995 and 1996 Solid Waste Collection and
Disposal Services Special Assessments where the county has received
payment in full satisfactions of the lien. Fiscal Impact is $97 to record
the Satisfactions of Lien.
2) Recommendation to approve and execute a Notice of Promise To Pay
and Agreement To Extend Payment of Wastewater System Impact
Fees with David K. and Cheryl L. Boot, in the amount of$3,220, with
estimated interest of$571.25.
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D. PUBLIC SERVICES DIVISION
1) Recommendation to approve and authorize the Chairwoman to
execute the Parks and Recreation Department Summer Food Service
Agreements to authorize Collier County to be a sponsor and operate
the 2013 Summer Food Service Program at designated recreation
camps. (Net Fiscal Impact $16,970.54)
2) Recommendation to authorize a waiver to the Land Development
Code (LDC) Section 9.03.02 G for the County owned properties
located at 5318-5340 Gilchrist Street to allow for needed
rehabilitation and repair in order to eventually dispose of the
properties from County ownership.
3) Recommendation to authorize a budget amendment recognizing
$64,822.16 in program income revenue generated by properties
acquired under the Neighborhood Stabilization Program (NSP 1).
4) Recommendation to approve one (1) release of lien for Affordable
Housing Density Bonus Agreement for an affordable housing unit
sold which is no longer subject to the terms of the agreement.
5) Recommendation to approve Modification #9 to a Subgrant
Agreement between the Florida Department of Economic Opportunity
(DEO) and Collier County, Disaster Recovery Initiative Grant
Agreement #07DB-3 V-09-21-01-Z01, to reinstate and extend the
grant agreement, expand one project at Hatcher's Preserve, initiate a
new corresponding subrecipient agreement with Empowerment
Alliance of Southwest Florida Community Development Corporation,
recognize program income and approve a budget amendment.
6) Recommendation to approve a Subrecipient Agreement with the
Collier County Community Redevelopment Agency - Immokalee in
the amount of$61,087 for a Community Development Block Grant
(CDBG) award.
7) Recommendation to terminate Contract #08-5128 - Pharmacy
Services with Sunshine Pharmacy, Inc., and ratify Contract #13-6053
Pharmacy Services with Woolley's Pharmacy, Inc., from February 1,
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1
2013 through April 13, 2014.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to reconsider retaining properties from active sales
obtained from Avatar Properties, Inc., that are part of the Golden Gate
Estates Land Trust.
2) Recommendation to approve and execute the document necessary to
convey an easement on County property at the Collier County
Landfill, located at 3730 White Lake Boulevard, Naples, FL, to
FP&L.
3) Recommendation to approve a Memorandum of Agreement between
the State of Florida Department of Health and Emergency Medical
Services as the CHEMPACK Cache Location for the purpose of
responding to acts of chemical emergencies posing a public health
crisis.
4) Recommendation to terminate Contract #12-5845, Countywide
Chemicals, with Tanner Industries, Inc., as a primary supplier of
ammonia for the Collier County Water Department.
5) Recommendation to approve and authorize the acceptance of a
Volunteer Fire Assistance Grant Award in the amount of$1,260 to
purchase Class A Foam for the Isles of Capri Fire Rescue District and
authorize all necessary budget amendments (local match $1,260).
F. COUNTY MANAGER OPERATIONS
1) This item continued from the February 26, 2013 BCC Meeting.
Recommendation to authorize Amendment #2 for Contract #09-5174
Management of Pelican Bay Services to Dorrill Management Group
to increase the number of hours per month, fees and the contract
period to Dorrill Management Group and extend the term for one
additional year; and authorize the Chairwoman to approve the
amendment.
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March 26,2013
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012-13 Adopted Budget.
3) Recommendation to approve FY14 Tourist Development Council
(TDC) Grant Applications for Category B and C-2 and authorize the
Tourism Director to work with a selection committee to review the
grant applications prior to presentation to the TDC.
4) Recommendation to approve Natural Resources Department Director
William Lorenz as second Alternate to represent Collier County at the
monthly Consortium meetings held in Gulf coastal counties as part of
the RESTORE Act.
5) Recommendation to establish a new position classification and salary
range assignment for County Commission staff members and a
revised budget allocation format for the BCC Office.
6) Recommendation to approve the proposed amendments to the Tourist
Development Tax (TDT) Ordinance to increase destination marketing
efforts and the annual accumulation of reserves for beach
renourishment, authorize advertisement of the proposed amendments
for public hearing, and approve the proposed resolution amending the
TDT Category "A" Funding Policy.
7) Recommendation to approve three destination marketing positions
from uncommitted FY12 Carry Forward up to $250,000 for additional
destination marketing staff in the Tourism Department, and approve
necessary budget amendments.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
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March 26,2013
1) To obtain Board approval for disbursements for the period of
February 28, 2013 through March 6, 2013 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of March
7, 2013 through March 13, 2013 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement and Release prior to trial in the
lawsuit entitled John W. Staley and Elizabeth E. Staley v. Board of
County Commissioners, filed in the Twentieth Judicial Circuit in and
for Collier County, Florida (Case No. 11-2962-CA) for the sum of
$20,000.
2) Recommendation to approve a Mediated Settlement Agreement in the
sum of$70,000 and direct the County Attorney to file all documents
necessary to end with prejudice the lawsuit styled Nyankadau Korti v.
Collier County Board of County Commissioners, Case No. 11-3710-
CA, pending in Collier County Circuit Court (Fiscal Impact: $70,000).
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
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March 26,2013
required to be sworn in. Recommendation to approve Petition AVESMT-
PL20120002638, to disclaim, renounce and vacate the County and the
Public interest in a portion of the 30-foot easements for public road right-of-
way as recorded in Official Record Book 3537, page 1017, Official Record
Book 764, page 1667 and Official Record Book 166, page 752, of the Public
Records of Collier County, Florida, being a part of Section 34, Township 48
South, Range 26 East, Collier County, Florida, being more specifically
shown in Exhibit A.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20120002668, to disclaim, renounce and vacate the County and the
Public interest in a portion of a 15-foot wide Drainage Easement, being a
part of Lots 77 and 78, Quail West Phase III, Unit 7, Plat Book 46, Pages 89
through 102 of the Public Records of Collier County, Florida, being a part of
Section 8, Township 48 South, Range 26 East, Collier County, Florida, more
specifically shown in Exhibit A and to accept the Grant of Drainage
Easement to replace the vacated Drainage Easement.
C. This item continued from the March 12, 2013 BCC meeting then further
continued to the April 9, 2013 BCC meeting. This item requires that ex
parte disclosure be provided by Commission members. Should a hearing be
held on this item, all participants are required to be sworn in.
Recommendation to approve 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.
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget.
E. Recommendation to adopt an ordinance that will establish the position of
Collier County Hearing Examiner.
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March 26,2013
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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March 26,2013
March 26, 2013
MR. OCHS: Madam Chair, you have a live mike.
CHAIRWOMAN HILLER: Good morning. This meeting is
called to order.
Can we all please rise for the invocation to be presented by
Pastor Bob Scudieri from Faith Lutheran Church.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR SCUDIERI: Lord, God, during this Christian holy
week, people around the world will remember the expedient choice
that the govern Pontius Pilate made to condemn Jesus.
We pray that our county commissioners would make decisions
today based on principles, not prejudices; hope, not fear;
consideration, not condemnation; exemplary choices, not expedient
ones.
Grant this, Lord, for your sake and for the sake of the people of
Collier County. In your name we pray. Amen.
CHAIRWOMAN HILLER: Commissioner Fiala, would you
lead us in the pledge?
COMMISSIONER FIALA: I would love to; thank you.
Please put your hands over your hearts.
(The Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: Well, first of all, I'd like to begin by
wishing everybody Happy Easter, Happy Passover, and any other
holiday that happens to fall during this time of year.
FORMAL ACCEPTANCE OF A BOOK FROM THE ARMY
CORPS OF ENGINEERS — APPROVED
CHAIRWOMAN HILLER: And before we jump right into the
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March 26, 2013
agenda, I also would like to say that we received a gift from the
Department of the Army, from the Corps of Engineers, and I would
like to present it to the board and ask them to accept it.
It's a really beautiful book called the River of Interests, and I
thought that it could be placed on the coffee table in our waiting room.
May I have a motion to accept?
COMMISSIONER FIALA: Motion to accept.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you. Can I pass it down to
the officer, and if they could give it to Mike Sheffield.
County Manager?
MR. OCHS: Thank you, Madam Chair. Good morning,
Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of March 26, 2013.
The first proposed change is to move Item 11A to Item 16C3 on
your consent agenda. It's authorization to continue to work towards an
integration of the Orangetree Utility Company into the Collier County
Water/Sewer District. That integration agreement will be brought
back to the board when it's fully executed by the parties at a future
date this spring.
The next request is to withdraw Item 16A3. That's a withdrawal
at the staffs request. We have some more work to do on that
particular item.
The next proposed change is to move Item 16A9 from your
consent agenda to become Item 11C on your regular agenda, and that
is a recommendation to consider landscape design plans for the
Immokalee Road/I-75 interchange. That move is made at
Commissioner Nance's request.
The next proposed change is to continue Item 16Al2 to the April
9, 2013, board meeting. That continuance is at staffs request.
Page 3
March 26, 2013
The next proposed change is to withdraw Item 16D4 from your
consent agenda. That is made at the county attorney's request in
concurrence with the staff. We'll bring that item back in a couple of
meetings.
The next proposed change is to move Item 16F5 from your
consent agenda and to move it to the regular agenda to become Item
11D. That's a recommendation to establish position classification,
salary-range assignments, and budget-allocation format for the BCC
office. That move is made at Commissioner Henning's request.
The next change that's proposed is to move Item 17E to become
Item 9B under your advertised public hearings. That is a
recommendation to adopt an ordinance establishing the position of
Collier County hearing examiner, and that change is made at
Commissioner Coyle's request.
The next proposed -- and we have a number of agenda notes this
morning, Commissioners. The first note relates to Item 16C3, and that
is to note that the signature page of the second amendment to the
agreement was inadvertently left out of the printed agenda packet.
Those copies with the signature page have been provided to
commission members.
The next note is regarding Item 16A1. There are a number of
staff clarifications contained in that executive summary. The staff is
asking to withdraw the specific Staff Clarification 2003-02 related to
storage containers, which is Attachment No. 4.
Staff will be coordinating this clarification with the ongoing
broader review of storage containers with all of the zoning districts.
And that note is at staffs request.
The next note is Item 16C2. There's a folio number in the
executive summary that was incorrectly documented, and we have
provided the correct number, which is 00159480005.
The next note is regarding Item 16D5, and that is the correct
document titled "Modification to Sub-grant Agreement" to be
Page 4
March 26, 2013
consistent with all other references in the item by checking the
following box. And we did not have an "X" in the box, so we are
asking the board to acknowledge that that box has, in fact, been filled
in.
The next note is regarding Item 16F3. It is the intent for the
requirements in this document to be the same in Category B and
Category C2, grant applications. This is regarding your museum and
non-museum grant applications; therefore, the following additions
have been made to the C2 grant application: Number 1, Form 990 is
added to the checklist of required items on Page 11 of the application
and, Number 2, the financial statement to be reviewed and audited by
a CPA added to checklist of required items on Page 11 of the
application. Those changes are made by -- at staff request in
consultation with the Clerk's Office.
And you have several time-certain items this morning,
Commissioners.
The first time-certain item will be at 11 a.m. this morning. It's
Item 10G regarding the Victims Advocacy Organization grant
program.
The next time-certain item is Item 13A, and that will be heard at
2 p.m. immediately followed by Item 13B. Those are the two reports
from the clerk on internal audits.
Immediately following those reports, you will hear Item 10D.
That's an item placed on the agenda under Board of County
Commissioners by Commissioner Nance.
And then, finally, this morning, Commissioners, we have one
additional request for a time-certain from Commissioner Fiala related
to Item 14B 1. It's a Bayshore CRA item that the staff was hoping for
a 1 p.m. time-certain, Madam Chair, so that they could maintain
operations at the office. They only have a couple people there, and --
CHAIRWOMAN HILLER: May I suggest 1:15 --
MR. OCHS: Yes, ma'am.
Page 5
March 26, 2013
CHAIRWOMAN HILLER: -- just in case there's a runover from
the 11 o'clock time-certain, that everybody has an hour for lunch.
MR. OCHS: That's great, thank you.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: And you've let them know that,
Leo?
MR. OCHS: Yes, ma'am. We'll notify them right now.
And those are all the changes I have this morning, Madam Chair.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER NANCE: Madam Chair, I have one other
request for a change.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: I would like to pull off the consent
agenda Items 16F6 and 16F7 for the purposes of discussion, a little bit
of the language in the ordinance, for clarity. I intend to support those
items, but I think the board should review a little bit of language in the
ordinance.
MR. OCHS: Madam Chair, those items would become Item 11E
and 11F on your regular agenda under county manager's report.
CHAIRWOMAN HILLER: For clarification, 1 1E was
previously 16 --
MR. OCHS: F6.
COMMISSIONER NANCE: F6.
CHAIRWOMAN HILLER: And 11F was previously 16F7?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you.
Any other changes?
MR. OCHS: Not from me, thanks.
CHAIRWOMAN HILLER: Any members of the board?
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: One question of the county
Page 6
March 26, 2013
manager. With respect to the TDC allocation and the definition -- the
conflicts in definition between the executive summary and the backup
material, did you get that corrected? We're talking about the
out-of-county advertising.
MR. OCHS: Yes, sir. We're going to make that correction to be
consistent in both documents. And we could talk about that and get
that on the record as part of the discussion this morning.
COMMISSIONER COYLE: Okay. All right. So you've taken
care of that.
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: The other thing I would like to do
is to move 16F1 to the regular agenda, please.
MR. OCHS: 16F1, Madam Chair, would become Item 11G.
CHAIRWOMAN HILLER: And 16F1 is?
MR. OCHS: That is a recommendation to extend a contract with
the Dorrill Management Group for management of Pelican Bay
Services Division.
CHAIRWOMAN HILLER: Okay, that's fine. Could you please
notify Mr. Dorrill that he should be here for the discussion?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: And let's go ahead and make that a
time-certain to allow him to be able to attend and then leave. What
time would you like him to attend?
MR. OCHS: Well, 3:00 p.m. or perhaps 3:30, given the fact that
we have some --
CHAIRWOMAN HILLER: Alternatively, I would suggest
towards the end of the day. That's another way to approach it. Like,
for example, we could do it at, say, 5 o'clock or 4:30.
MR. OCHS: Whatever the pleasure of the board, ma'am. How
about 4:30?
CHAIRWOMAN HILLER: I like 4:30 also. So let's go ahead
and put that at 4:30.
Page 7
March 26, 2013
MR. OCHS: Very good.
CHAIRWOMAN HILLER: There being no further discussion as
to changes, can we move to Item 2A, County Manager?
MR. OCHS: Yes, ma'am.
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR
ADOPTED W/CHANGES
MR. OCHS: Item 2A is approval of today's consent agenda as
amended, ex parte disclosure to be provided by commission members
for consent-agenda items.
CHAIRWOMAN HILLER: Commissioner Henning, your ex
parte disclosure, please.
COMMISSIONER HENNING: Madam Chair, I have no ex
parte today on today's consent agenda, and I'll move to approve the
consent as amended.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: I have no ex parte on the consent
agenda, and I will second approval of the agenda as amended.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I have no further changes to the
agenda.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. No changes to the agenda and
nothing to declare on the consent agenda.
CHAIRWOMAN HILLER: And I have no ex parte disclosures
Page 8
March 26, 2013
myself.
There being no 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.
The next item.
Item #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA.) — ADOPTED
MR. OCHS: Item 2B is approval of today's summary agenda as
amended, also ex parte disclosure to be provided by commission
members.
CHAIRWOMAN HILLER: Commissioner Henning, ex parte
disclosures, please.
COMMISSIONER HENNING: Madam Chair, I have no ex
parte communication on today's summary agenda, and I'll make a
motion that we approve the summary agenda.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I have no ex parte on today's
summary agenda, and I'll move to second the agenda.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I have no ex parte disclosure for
the summary agenda.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: No ex parte on summary.
Page 9
March 26, 2013
CHAIRWOMAN HILLER: I, too, have no ex parte disclosure
with respect to the summary agenda.
There being no 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.
County Manager?
Item #2C
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
— APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Commissioner, that takes us to Item 2C, which is
approval of today's regular agenda as amended.
CHAIRWOMAN HILLER: May I have a motion to approve?
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no 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.
County Manager?
Page 10
Proposed Agenda Changes
Board of County Commissioners Meeting
March 26,2013
Move Item 11A to Item 16C3: Recommendation to direct the County Manager,or his designee,to
give notice to formally initiate the integration of the Orange Tree Utility Company into the Collier
County Water-Sewer District to provide water and sewer utilities to Orange Tree Utility customers
pursuant to the May 28, 1991,Agreement,as amended,between Orange Tree Utility Company and
Orangetree Associates and the Board of County Commissioners of Collier County(Board),with the
objective of returning to the Board with a proposed Utility System Integration Agreement.
(Commissioner Hiller's request)
Withdraw Item 16A3: Recommendation to authorize the release of the Excavation Performance
Bond in the amount of$1,000,000 to the Project Engineer or the Developer's designated agent for
Arthrex at Ave Maria AR-13095. (Staff's request)
Move Item 16A9 to Item 11C: Recommendation to approve a work order in excess of the Board's
$200,000 spending threshold and authorize the expenditure of$48,520 for McGee& Associates to
prepare 100% landscape design plans for the Immokalee Road/I-75 Interchange. (Commissioner
Nance's request)
Continue Item 16Al2 to the April 9,2013 BCC Meeting: Recommendation to approve and
authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of
$500,000 for the County's artificial reef program,accept donated professional services from Turrell,
Hall and Associates Inc.,and approve any necessary budget amendments. (Staffs request)
Withdraw Item 16D4: Recommendation to approve one(1) release of lien for Affordable Housing
Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the
terms of the agreement. (County Attorney's request)
Move Item 16F5 to Item 11D: Recommendation to establish a new position classification and salary
range assignment for County Commission staff members and a revised budget allocation format for
the BCC Office. (Commissioner Henning's request)
Move Item 17E to Item 9B: Recommendation to adopt an ordinance that will establish the
position of Collier County Hearing Examiner. (Commissioner Coyle's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
March 26,2013
Page 2
Note:
Item 16C3 44A: Signature page of the Second Amendment to Agreement was inadvertently
left out of printed agenda packet. Copies of the signature page have been provided to Commission
members.
Item 16A1: Withdraw clarification SC-2003-02, Storage Containers,attachment#4. Staff will be
coordinating this clarification with the ongoing broader review of storage containers within all
zoning districts. (Staffs Request)
Item 16C2: Folio number in executive summary corrected to read: David K. and Cheryl L.
Boot own the property located at 346 Cypress Way West,parcel number 004-594800005
00159480005.
Item 16D5: Correct document titled Modification to Subgrant Agreement to be consistent with all
other references in the item, by checking the following box:
® Change in Number of Accomplishments and/or Beneficiaries (Clerk's request)
Item 16F3: It is the intent for requirements to be the same in Category B and Category C-2
grant applications. Therefore,the following additions have been made to the C-2 grant application.
1. Form 990 added to checklist of required items on p. 11 of application.
2. Financial statement to be reviewed or audited by a CPA added to checklist of required
items on p. 11 of application. (Staffs request)
Time Certain Items:
Item 10G to be heard at 11:00 a.m.
Item 13A to be heard at 2:00 p.m.,immediately followed by Item 13B and Item 10D
3/26/2013 8:45 AM
March 26, 2013
Item #2D
MINUTES FROM FEBRUARY 26, 2013 - BCC/REGULAR
MEETING — APPROVED AS PRESENTED
MR. OCHS: Item 2D is approval of the Board of County
Commissioners' regular meeting minutes from February 26, 2013.
CHAIRWOMAN HILLER: May I have a motion to approve?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no 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.
Item #2E
MINUTES FROM MARCH 5, 2013 — BCC/ANIMAL CONTROL
ORDINANCE/TRAFFIC SIGNAL TIMING GMP ELECTRONIC
PLAN WORKSHOP — APPROVED AS PRESENTED
MR. OCHS: Item 2E is approval of minutes from the Board of
County Commissioners' planning workshop held on March 5, 2013.
CHAIRWOMAN HILLER: May I have a motion?
COMMISSIONER NANCE: Move approval.
CHAIRWOMAN HILLER: May I have a second?
Page 11
March 26, 2013
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no 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.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS — ADOPTED
Item #4A
PROCLAMATION DESIGNATING APRIL 2013 AS "NATIONAL
FAIR HOUSING MONTH" IN COLLIER COUNTY. ACCEPTED
BY MIGUEL VILLARREAL, VICE PRESIDENT/AREA SALES
MANAGER-RESIDENTIAL MORTGAGE, FIFTH THIRD BANK
AND STAFF FROM HOUSING, HUMAN AND VETERANS
SERVICES. SPONSORED BY COMMISSIONER COYLE —
ADOPTED
MR. OCHS: Madam Chair, that moves you to Item 4 on this
morning's agenda, proclamations. Item 4A is a proclamation
designating April 2013 as National Fair Housing Month in Collier
County. To be accepted by Miguel Villarreal, vice president/area
sales manager, residential mortgage, Fifth Third Bank, and staff from
Page 12
March 26, 2013
the Housing, Human, and Veterans Services department, and this item
is sponsored by Commissioner Coyle.
If you'd please come forward and accept your proclamation.
(Applause.)
COMMISSIONER FIALA: Thanks for all you've done for all of
our clubs and organizations here in town, as well as the Bayshore
CRA. You guys have been wonderful. Thank you.
CHAIRWOMAN HILLER: Would you like to step back, and
we'll take some photographs.
COMMISSIONER FIALA: Picture time.
CHAIRWOMAN HILLER: Yeah. Move to the center and
smile.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING APRIL 2013 AS "WATER
CONSERVATION MONTH" IN COLLIER COUNTY. ACCEPTED
BY PAUL MATTAUSCH, WATER DEPARTMENT DIRECTOR;
STEVE MESSNER, INTERIM WASTEWATER DEPARTMENT
DIRECTOR; AND LISA KOEHLER, BIG CYPRESS BASIN
ADMINISTRATOR, SOUTH FLORIDA WATER MANAGEMENT
DISTRICT. SPONSORED BY COMMISSIONER COYLE —
ADOPTED
MR. OCHS: Item 4B is a proclamation designating April 2013
as Water Conservation Month in Collier County. To be accepted by
Paul Mattausch, water department director; Steve Messner, interim
wastewater department director; and Lisa Koehler, Big Cypress Basin
administrator of the South Florida Water Management District. This
item is sponsored by Commissioner Coyle. Please come forward to
accept the proclamation.
Page 13
March 26, 2013
(Applause.)
MR. OCHS: I see Beth Johnssen is also here from staff. I'll
never hear the end of it if I don't announce her name.
COMMISSIONER FIALA: Did we say anything about the taste
of the water and winning these awards or anything?
MR. OCHS: I'm sure Mr. Mattausch will have a few words to
say about that, Commissioner.
CHAIRWOMAN HILLER: Dr. George, why don't you come up
also, really.
COMMISSIONER NANCE: I'm drinking it as fast as I can,
Lisa.
(Applause.)
CHAIRWOMAN HILLER: Would anyone like to say a few
words? Dr. George, do you want to talk about how good your water
tastes?
COMMISSIONER NANCE: They're trying to put you out of
business.
COMMISSIONER COYLE: Not here.
DR. YILMAZ: Maybe 30 seconds.
CHAIRWOMAN HILLER: Thirty seconds, but you promise.
DR. YILMAZ: Yes, ma'am.
CHAIRWOMAN HILLER: Thirty seconds. Okay, it's a deal.
DR. YILMAZ: For the record, Dr. George Yilmaz, public
utilities administrator.
It's our honor for the recognition. It's team work, and we are
working more and more as an agency within the county manager's
agency as one team. Now we're expanding that to other agencies like
Big Cypress Basin Board, South Florida Water Management District.
And when we have joint goals and objectives, we're optimizing
our resources to achieve the intent of the board as directed through by
our chief executive. I thank you very much.
(Applause.)
Page 14
March 26, 2013
Item #4C
PROCLAMATION SUPPORTING THE MISSION OF THE
COLLIER COUNTY COMMUNITY GARDEN INITIATIVE IN
AN EFFORT TO ENCOURAGE ADDITIONAL COMMUNITY
GARDENS AND TO INSPIRE A LOVE OF GARDENING IN
CHILDREN AND ADULTS ALIKE. ACCEPTED BY ANNIE
ALVAREZ AND VICKIE WILSON FROM THE COLLIER
COUNTY PARKS AND RECREATION DEPARTMENT, AND
BROOKE HOLLANDER, KATIE VANCE, ALYSSA COSTA, JIM
ZIMMERMAN, LUWANA MILNER AND ELSA MARTINEZ
REPRESENTING THE COLLIER COUNTY COMMUNITY
GARDEN INITIATIVE. SPONSORED BY COMMISSIONER
HENNING — ADOPTED
MR. OCHS: Commissioners, Item 4C is a proclamation
supporting the mission of the Collier County Community Garden
Initiative in an effort to encourage additional community gardens and
to inspire a love of gardening in children and adults alike. To be
accepted by Annie Alvarez and Vicki Wilson from our Collier County
Parks and Recreation Department; and Brooke Hollander, Katie
Vance, Alyssa Costa, Jim Zimmerman, Luwana Milner, Elsa
Martinez, and Donna Gleblin (phonetic) representing the Collier
County Community Garden Initiative. And this item is sponsored by
Commissioner Hiller.
If you'd please step forward and be recognized.
CHAIRWOMAN HILLER: Actually, it's Commissioner
Henning.
MR. OCHS: I'm so sorry. It's Commissioner Henning.
CHAIRWOMAN HILLER: But I'd be more than happy to
cosponsor with him.
Page 15
March 26, 2013
MR. OCHS: Commissioner Henning.
CHAIRWOMAN HILLER: If he will have me. But if not, it's
all yours.
MR. OCHS: Commissioner, I apologize. Commissioner
Henning.
(Applause.)
CHAIRWOMAN HILLER: Congratulations. Actually, you
know what? Let me give it to Commissioner Henning. You present
it. Go ahead.
COMMISSIONER NANCE: I'm going to step back.
CHAIRWOMAN HILLER: Is it the right one? Just checking.
COMMISSIONER NANCE: It's a great program.
(Applause.)
COMMISSIONER FIALA: This is so wonderful, Annie.
MS. HOLLANDER: Hi. Brooke Hollander, president of the
Collier County Community Garden Initiative, not-for-profit.
I just want to really give my thanks to the county -- Board of
County Commissioners for supporting us.
You know, community garden -- hopefully through creating
these community gardens we can bring together people that maybe
wouldn't necessarily come together but people who can relate to one
another through gardening and through food and growing and through
different cultures and really just be a place that we can kind of come
together and learn from one another.
This is a little 3D drawing that we have, schematic of the first
community garden, which is going to be held at Golden Gate
Community Center with Vickie Wilson, who's the director, and
Anniese (phonetic) Alvarez, who really helped support this. We have
Keep Collier Beautiful, who's our partner, and the IFAS master
gardening program.
So hopefully this garden, being the first, will be one of many to
spread throughout the county, and this is sort of, you know, of a
Page 16
March 26, 2013
grander scheme. And there's a lot of people that are supporting us.
And we want to say thank you so much to the Board of County
Commissioners, to Commissioner Henning for supporting this
proclamation, and to all the people that have supported us. And thank
you very much.
(Applause.)
COMMISSIONER HENNING: Madam Chair? If I may, you
know, it's -- I don't know if everybody knows it, but Commissioner
Nance has a vast background on agriculture in Collier County. I know
he's been very supportive of home gardening.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: And I hope he supports the
community garden for the future.
COMMISSIONER NANCE: I certainly do, and I look forward
to helping them along. I can supply them with a great many
transplants, and I look forward to a bountiful harvest and a good
success. I'm really excited about the project.
Thank you, Brooke.
CHAIRWOMAN HILLER: And, Commissioner Henning, I also
understand that you're very passionate about farming and gardening,
which is commendable. It's truly a very important activity. And no
pun intended, as they say, a rose by any other name is a rose. Well,
you by any other name are still Commissioner Henning,
notwithstanding what the county manager calls you.
COMMISSIONER NANCE: I thought you were going to say a
thorn.
CHAIRWOMAN HILLER: Oh, no, never, never.
Commissioner Fiala?
COMMISSIONER FIALA: I'd also like to say, I think that
they've also started a community garden over at South Regional
Library, if I'm not mistaken. In fact, I was there when they were
doing that. And so I think it's, like, a growing interest around our
Page 17
March 26, 2013
whole community, and that's a wonderful thing. It's something so
healthy for all of us.
Thank you.
CHAIRWOMAN HILLER: Absolutely.
MR. OCHS: Thank you, ma'am.
And, Commissioner Henning, I apologize for getting the wrong
name there.
COMMISSIONER HENNING: We'll talk about it later.
MR. OCHS: Okay. Yes, sir.
Item #4D
PROCLAMATION DESIGNATING APRIL 7 TO APRIL 13, 2013
AS "EVERGLADES WEEK" IN COLLIER COUNTY. ACCEPTED
BY CAPTAIN FRANKLIN ADAMS, MASTER NATURALIST;
BRAD CORNELL, COLLIER COUNTY AUDUBON SOCIETY;
NANCY PAYTON, FLORIDA WILDLIFE FEDERATION;
NICOLE JOHNSON, CONSERVANCY OF SOUTHWEST
FLORIDA; LYLE MCCANDLESS, BIG CYPRESS
SPORTSMEN'S ALLIANCE, INC.; AND WAYNE JENKINS,
COLLIER SPORTSMAN AND CONSERVATION CLUB.
SPONSORED BY COMMISSIONER NANCE — ADOPTED
MR. OCHS: All right. Item 4D, moving right along, is a
proclamation designating April 7 to April 13, 2013, as Everglades
Walk -- excuse me -- Everglades Week in Collier County. To be
accepted by Captain Franklin Adams, master naturalist; Brad Cornell,
Collier County Audubon Society; Nancy Payton, Florida Wildlife
Federation; Nicole Johnson, Conservancy of Southwest Florida; Lyle
McCandless, Big Cypress Sportsmen's Alliance, Incorporated; and
Wayne Jenkins, Collier Sportsmen and Conservation Club. And this
item is sponsored by Commissioner Nance.
Page 18
March 26, 2013
Madam Chair, I understand that Commissioner Nance would like
an opportunity to read this particular proclamation.
CHAIRWOMAN HILLER: He would. And I would love to
give him the opportunity to both read the proclamation as well as
present it. So I'm going to go ahead and turn it over to him. And if
you would like to read it and then call the honorees up, it would be
super.
COMMISSIONER NANCE: Yes, ma'am. It's my pleasure to
write this proclamation on behalf of the board. It is my sincere hope
that Everglades Week and Everglades Day in Collier County can
become a greater event. I think it's an opportunity for us to celebrate
one of our greatest natural assets.
And I'll read the proclamation as follows:
Whereas, April 7th is the birthday or Marjory Stoneman Douglas,
one of the preeminent defenders and advocates for the Everglades;
and,
Whereas, in her honor the Florida State Legislature has
designated April 7, 2013, as Everglades Day; and,
Whereas, Collier County contains a significant area of the Big
Cypress Swamp and the greater Everglades ecosystem; and,
Whereas, Collier County has demonstrated its commitment and
dedication to conservation and protection of our natural resources with
over 800,000 acres of land in public ownership; and,
Whereas, our natural environment is a major component of our
quality of life and our economy in Collier County; and,
Whereas, Collier County has many distinguished organizations,
associations, and individuals dedicated to the preservation and
responsible use of our environment and natural resources; and,
Whereas, Everglades Week is a time for the citizens of Collier
County to recognize and educate the public about the issues facing the
Everglades while celebrating its uniqueness and beauty.
Now, therefore, be it proclaimed by the Board of County
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March 26, 2013
Commissioners, Collier County, Florida, that the second week in April
2013 be designated as Everglades Week in Collier County.
Ladies and gentlemen, please come forward to accept the
proclamation.
(Applause.)
COMMISSIONER NANCE: Captain Franklin, I'm going to give
this to you, sir. You deserve it.
CAPTAIN ADAMS: Thank you.
COMMISSIONER NANCE: Thank you for your help and
service.
CAPTAIN ADAMS: Thank you.
CHAIRWOMAN HILLER: He meant to say that you can also
share it with them if you wish.
CAPTAIN ADAMS: Oh, I intend to, by all means.
COMMISSIONER NANCE: Thank you, Lyle.
MR. McCANDLESS: Thank you, Tim.
CHAIRWOMAN HILLER: Congratulations, thank you.
COMMISSIONER NANCE: Nancy, thank you; Nicole; thanks
so much, Wayne.
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER NANCE: Thank you, Brad.
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER NANCE: Would anybody like to make any
remarks?
CHAIRWOMAN HILLER: Hey, it's not like I put up bunny ears
or anything.
COMMISSIONER NANCE: You want to make some remarks,
Captain Franklin?
CAPTAIN ADAMS: Yes.
Go ahead, Brad.
I'll be brief.
MR. CORNELL: Thank you. I'm Brad Cornell on behalf of
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March 26, 2013
Collier County Audubon and my colleagues today. I just want to
invite everybody here in the public as well as on the dais to our first
Southwest Florida celebration of Everglades Day. We're going to do it
actually on Saturday, April 6th, rather than the 7th, which is Marjory
Stoneman Douglas' birthday.
And I am going to be -- and Commissioner Fiala will be there to
speak. And she's holding up a flyer. And I have a bunch of these. I
will put them in the hall. Admission is free with the flyer, so get one.
And if you don't get one, just give us a call. The number is down at
the bottom -- or call Collier County Audubon Society.
We're going to get to hear area dignitaries honor the day,
followed by a walk across their observation bridge. This is at Rookery
Bay's environmental learning center off -- on Tower Road, just off of
Collier Boulevard. That will be followed by a short quarter-mile walk
through the mangrove snail trail, and conclude with a film that
features Clyde Butcher on estuaries in the auditorium.
So, again, I hope you-all can come April 6th, Saturday, at one
clock at Rookery Bay.
Thanks very much.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CAPTAIN ADAMS: Good morning, Commissioner Nance,
Chairwoman Hiller, fellow commissioners. I have the honor of
speaking for my friends here this morning. And we want to thank you
in particular, Commissioner Nance, for putting this together.
I hope that Everglades Week can become an annual thing. It's an
area -- we're in what we call the western Everglades, the Big Cypress
Swamp. Also it mentions and honors Marjory Stoneman Douglas who
was born in 1890 and lived to be 108 years old, passed away in 1998,
wrote the book "The Everglades, River of Grass" 66 years ago. It's
not out of date.
If you haven't read the book, I'd encourage you to do so. It's very
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March 26, 2013
educational still, very poetic.
I think a lot of people don't realize how important our economy,
the Everglades and Big Cypress are, particularly the people in the
Everglades City and the people that conduct ecotours. It's also the
source of most of South Florida's water. It's commercial and sport
fishing. And it's a wonderful recreational area and retreat for the
people of Collier County.
So thank you very much.
COMMISSIONER NANCE: Thank you.
(Applause.)
COMMISSIONER NANCE: I also see superintendent of Collier
district schools, Kamela Patton, and Mr. David Stump there, and I
hope they will consider utilizing Everglades Week for some
educational opportunities; see if we can get this celebration off to a
strong start.
Thank you for coming.
MR. OCHS: Commissioners, may I get a motion to approve
today's proclamations?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no 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.
MR. OCHS: That takes us to Item 5, Madam Chair.
(Performance by RSVP Flash Mob Dancers.)
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March 26, 2013
CHAIRWOMAN HILLER: Oh, my God. It's a flash mob.
Ladies and gentlemen, that was a real flash mob, and we need to
thank our RSVP Flash Mob Dancers for giving us a very special
spring moment.
(Applause.)
CHAIRWOMAN HILLER: For those of you -- yeah, I was
going to mention. For those of you who don't know -- thank you so
much, ladies. That was very special. Thank you.
For those of you who don't know, we have a very, very
successful program that is supported by the federal government called
the RSVP program, and this program is made up of retired senior
volunteers who help throughout the community on behalf of Collier
County Government. They save the community millions of dollars in
payroll expense, and they do so much good.
And the ladies who -- the young ladies who just left are actually
flash mob dancers, in case you didn't know. So I'm sure you were all
surprised. And I'm surprised you-all didn't stand up and start twirling
around with them.
So let's continue with the meeting.
MR. OCHS: Yes, ma'am. That takes us to presentations this
morning.
Item #5A
PRESENTATION OF THE "ABOVE AND BEYOND" AWARD
TO COLLIER COUNTY GOVERNMENT BY THE
DEPARTMENT OF DEFENSE COMMITTEE ON EMPLOYER
SUPPORT OF THE GUARD AND RESERVE (ESGR), TO
PUBLICLY RECOGNIZE COLLIER COUNTY FOR PROVIDING
EXTRAORDINARY SUPPORT TO FLORIDA NATIONAL
GUARD AND RESERVE SERVICE MEMBER EMPLOYEES —
PRESENTED
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MR. OCHS: Item 5A is a presentation of the Above and Beyond
Award to Collier County Government by the Department of Defense
Committee on employer support of the Guard and Reserve to publicly
recognize Collier County for providing extraordinary support to
Florida National Guard and Reserve service member employees.
Good morning, ladies and gentlemen.
CHAIRWOMAN HILLER: Good morning. I'd like to thank you
for being here, Colonel Perry and Mr. Cyr. These two important
people are with the Department of Defense, and they are here to honor
several of our employees for their very important contributions, which
they will explain.
Would you like to go ahead and proceed with the presentations?
COLONEL PERRY: Thank you very much, Madam
Chairwoman. That's an impossible act to follow, but we'll do our best.
CHAIRWOMAN HILLER: Hey, just start twirling.
COLONEL PERRY: We thank you very much. We are here
with the Department of Defense. You may not know that over a
million men and women serve in our National Guard in Florida and
throughout the country and in the Reserves, and they make up a total
of 50 percent of our active duty -- of our total force.
Having spent 26 years on active duty, I can tell you that it does
not happen with the Department of Defense without our guardsmen
and reservists, and they cannot do what they do without the support of
their communities, most especially their employers.
And today what we're here to do is to recognize three sections of
the Collier County Government for being above and beyond in their
support to our guardsmen and reservists. They simply could not get it
done without them, without them holding their jobs and making them
available to them when they come back. Some of them go beyond --
to the point of supporting the families that are left behind when these
guardsmen and reservists deploy over to places like Iraq and
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Afghanistan. It is a tremendous thing that employers do when they
support our guardsmen and reservists.
The Employers' Support of Guard and Reserve is a committee
that is replicated through all 50 states and the four territories of the
United States, and we are here representing the Florida Employers'
support to Guard and Reserve Committee.
And the statewide committee has recognized the county manager
and his immediate government, his immediate staff, as well as the
director of emergency services, Mr. Dan Summers, and the director of
parks and recreation, Mr. Barry Williams.
These departments are what are recognized, and the individuals
who lead those departments are recognized for their leadership. The
award is for the department, because the entire department makes this
support possible.
We are very proud to be presenting these awards that are selected
at the state level. This is not a local award. This is something that the
people in -- St. Augustine, actually, is where our headquarters is. In
St. Augustine and in Tallahassee, both, they recognize the outstanding
support, which is truly above and beyond the call for these guardsmen
and reservists to be able to do their jobs in support of our country and
doing the business of our nation.
So we are pleased to present Mr. Ochs --
CHAIRWOMAN HILLER: Colonel?
COLONEL PERRY: Yes.
CHAIRWOMAN HILLER: Why don't you both come stand up
here, and Mr. Ochs and --
COLONEL PERRY: Are Mr. Summers and Mr. Williams here?
CHAIRWOMAN HILLER: Mr. Summers. Is Mr. Williams
here?
MR. OCHS: Madam, if you don't mind, if we could ask Ms.
Price and Mr. Carnell on behalf of our Parks and Recreation staff.
CHAIRWOMAN HILLER: Yes, absolutely.
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March 26, 2013
MR. OCHS: Ms. Price --
CHAIRWOMAN HILLER: That would be appropriate.
MR. OCHS: -- please come forward.
MR. PERRY: On behalf of the Department of Defense, we thank
the Collier County Government and the representatives --
CHAIRWOMAN HILLER: And Leo? Leo, I believe you're part
of it, too.
MR. OCHS: Oh, okay. I'm part of it.
CHAIRWOMAN HILLER: We have to pull him out of his seat.
MR. OCHS: Thank you very much. Appreciate it.
MR. CYR: And the Bureau of Emergency Services.
MR. SUMMERS: Colonel, nice to see you again. Thank you
very much.
MR. CYR: And parks and recreation. Thank you.
(Applause.)
MR. CYR: Thank you.
(Applause.)
COMMISSIONER FIALA: How nice of them to come down
and do this. Thank you so much.
CHAIRWOMAN HILLER: Thank you very much.
MR. OCHS: Commissioners, again, very briefly, we would like
to express our sincere gratitude to the Guard for all of the support and
protection that they give not only our community but our country, and
we're very grateful for our association with the guard and the
Department of Defense. Thank you again for being here.
COLONEL PERRY: Thank very much, sir.
Item #5B
PRESENTATION RECOGNIZING THE WINNERS AND
FINALISTS OF THE LAWS OF LIFE ESSAY/SPEECH
CONTEST. THE LAWS OF LIFE PROGRAM IS A CHARACTER
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March 26, 2013
BUILDING ACTIVITY THAT HELPS YOUNG PEOPLE FOCUS
ON AND DEVELOP POSITIVE CHARACTER TRAITS THAT
LEAD TO A SUCCESSFUL CITIZENSHIP AND LIFE —
PRESENTED
MR. OCHS: Okay. Madam Chair, that takes us now to Item 5B.
It's a presentation recognizing the winners and finalists of the Laws of
Life essay and speech contest. The Laws of Life program is a
character-building activity that helps young people focus on and
develop positive character traits that lead to a successful citizenship
and successful life.
Madam Chair?
CHAIRWOMAN HILLER: Thank you. And I'm going to
continue with that introduction by saying that the 2012/2013 Laws of
Life program was offered to students in Grades 4 through 12
throughout Collier County. More than 3,400 students contributed
essays for judging. Forty semifinalists presented their papers orally in
front of the blue ribbon panel of judges. From these, four finalists in
each division, 4th to 5th grade, 6th to 8th, 9th to 10th, and 1 lth to 12th
grades were selected.
The Laws of Life essay competition focuses on 12 basic
character traits: Citizenship, cooperation, courage, fairness, honestly,
kindness, patriotism, perseverance, respect, responsibility,
self-control, and tolerance, which we all, as commissioners, have a
duty to respect every day.
We are here to hear from you and to learn from you. We are
honored that you are going to present to us today.
And with that, I would like to ask the winner in the first category
to step forward and read her essay to the board.
Could you state your name?
MS. CAMPBELL: Kiley Campbell.
CHAIRWOMAN HILLER: Hi, Kiley. Would you like to go
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ahead and read.
MS. CAMPBELL: Sure.
CHAIRWOMAN HILLER: Thank you.
MS. CAMPBELL: Helen Keller, a symbol of courage and
strength. As someone once stated, true strength is keeping everything
together when everyone expects you to fall apart, and that's precisely
what Helen Keller did.
Helen Keller lived in a silent, dark world, but she powered
through her overwhelming problems with one thing: Courage. Helen
had a hard childhood and threw horrendous tantrums often. Helen's
mother tried to calm and communicate with her but simply couldn't
because Helen was blind and deaf.
People told Helen's mother to put her away in a home for the
handicap. Helen's mother refused and decided to hire a tutor instead.
The tutor, Anne Sullivan, knew Helen was very smart, and the
tantrums were because Helen couldn't communicate.
After learning some self-control, Helen began to spell words into
Anne's hand and to read by feeling Braille. She also learned to read,
write, and speak. This was difficult for a blind and deaf person, but
Helen was successful. She may have had some hard times with the
tutor at first, but she had courage to persevere no matter how difficult.
Helen was soon recognized as a symbol for courage and strength.
She was the first blind and deaf person to ever go and graduate from
college. People wondered how she did this, but the answer's simple.
She did it with courage. When Helen graduated, she showed that her
handicaps had not held her back.
After Helen graduated, she was offered a job at the American
Foundation for the Blind. She was always wanting to help other
people like herself. She traveled the world giving speeches and giving
hope to others. It took real courage to stand up in front of thousands
of people and tell her life story.
Helen Keller proved that nothing is impossible when you have
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courage. She showed immense courage by having the strength to
accomplish so much when others couldn't see beyond her handicaps.
Helen Keller may have lived in a silent, dark world, but that didn't
stop her from doing the things she wanted to do.
Helen Heller is a great example to all of us, that with courage,
you can overcome any challenge.
COMMISSIONER FIALA: Wonderful.
(Applause.)
CHAIRWOMAN HILLER: That was incredible.
And now for the first-place winner in the next category. If you'd
state your name and your grade.
MS. TORRES: My name's Sophie Torres. I'm from Marco
Island Charter Middle School, and I'm the 8th grade. It's an honor to
be here.
CHAIRWOMAN HILLER: We're honored.
MS. TORRES: Thank you for having me.
CHAIRWOMAN HILLER: We're honored to have you here.
MS. TORRES: To be courageous requires no exceptional
qualifications, no magic formula. It is an opportunity that sooner or
later is presented to us all, and each person must look for that courage
in his own soul.
As he kissed his pregnant wife in his way out to the car, Todd
Beamer probably thought nothing of John F. Kennedy's famous quote.
He was more than likely pondering the route he should take to the
airport or what he should say to the businessmen he was meeting in
California. At about the same time, Jeremy Glick may have given his
last embrace to his 12-month-old daughter or grumbled about the
flight delay, not even considering that his valor would be inspiration
to millions.
At about 7:30 a.m. on September 11, 2001, both of these men and
several others boarded United Flight 93, a hijacked plane that crashed
into a Pennsylvanian field instead of the designated White House or
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Capitol building. The group of men and women who overtook the
hijackers not only gave their lives to protect our country, but gave us
the true definition of passionate courage.
Striving to reach a goal can be difficult, a road full of obstacles,
but with the support of others, victory is attainable. The calls made
and received by the passengers on Flight 93, often filled with
heartbreaking goodbyes from home, were also packed with
information about the crashes of the Twin Towers and words
encouraging the overthrow of terrorists. These passengers knew it
was unlikely that they would come home. Faithful to their country,
they did not hide in fear and let their nation fall apart, but they took
action.
Often being -- part of being courageous is being united to the
people who believe in the same cause. These passengers, who had
never met before, became united through the brotherhood of our
nation.
Would you be willing to sacrifice yourself for a cause you are
devoted to? Many of these men and women were just starting
families. Some were almost ready to become grandparents. One
passenger was pregnant with her first child. These passengers could
have died cowering in their seats, submitting to the terrorists, but
instead they gathered proposing ideas on attacking the terrorists, as
they could not bear to let their country fall apart in front of their eyes.
Although the exact details are unknown, the passengers,
weaponless, must have used hand-to-hand combat, eventually forcing
the plane into a Pennsylvanian field. Taking risks this immense only
heros would dare to accomplish.
On September 11, 2001, 2,977 innocent people lost their lives,
including the 40 passengers on Flight 93 who successfully aborted the
terrorists' mission. On that crestfallen day, it seemed as if hell had
come to earth, but there was hope. Those 40 noble Americans proved
to us that through inexcusable events, courage not only prevails but
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provides comfort to many and, in this case, our whole nation.
Thank you.
(Applause.)
CHAIRWOMAN HILLER: Thank you.
And next first-place winner?
MS. ARGUETA: Hi. My name is Alexandria Argueta, and I am
from Golden Gate High School. And thank you for having me today.
I used to be shy. So shy I'd always keep to myself. And
whenever anyone asked me, what are you good at, I would hesitate
and whisper -- oh, I'm sorry -- I would shrink back and shrug.
Whenever anyone asked me, what do you want to do? I would
hesitate then whisper, I want to be a writer. But I wouldn't tell them
the details, because I'm too much of a wimp. I'm afraid I would make
a fool of myself. How am I doing?
But the truth is, I was a liar. I do know what I'm good at, and I
do know exactly what I want to do. I want to be valedictorian of my
senior class. I want to graduate from a prestigious writing program at
Columbia University. I want to be top editor at Simon and Schuster,
and then I want to write a best-selling novel that will inspire people to
read it again and again and again, and buy it again and again and
again.
But how will I do it? How will I get there? I have no idea. All
dreams come with obstacles. I have one huge obstacle that has been
stalking me for as long as I can remember; my worst nightmare. When
people think of the word "nightmare," they usually think of the
enormous green, one-eyed monster that hides under beds and gobbles
up children, but that's not my nightmare. My nightmare is that 20
years from now I'll be bagging groceries at a local supermarket or
working at a McDonald's drive-through. Not that there's anything
wrong with those jobs; they're just not my dream.
I don't want to have to wake up each morning only to drag myself
to a job I absolutely hate, a job that reminds me each and every day
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that I was too much of a coward to pursue my dream and make
something of myself. The nightmare is of being knocked down and
never bothering to get back up. My nightmare is of cowering in a
corner avoiding each and every obstacle that gets in the way of my
dream. Knowing that I never tried, that is my worst nightmare.
When you have a nightmare, what is the thing you want most?
You want to wake up, right? Well, that's how I began to learn to deal
with my nightmare, I woke up. I woke up to the reality of people who
have faced their worst nightmares and succeeded. People like Rosa
Parks, Martin Luther King; even the Beetles had to face their fears just
to end up on top.
Have any of you heard of a story entitled "From Homeless to
Harvard," a courageous yet heartbreaking story of a woman named
Liz Marie? Liz came from nothing but ended up graduating from
Harvard University, Harvard. She had no family, no money, and no
home. She took whatever she had and she threw it all into her dream.
Her parents were drug addicts. And when she was only 15, her
mother had died of AIDS and her family had scattered.
While we were in our nice warm homes, Liz was sleeping on a
concrete bench in a New York subway. And each time I hear the
story, I get inspired all over again. I remind myself, I come from a
loving family, and my parents provide for us well. My home is safe,
cozy, inviting, and overall the best place on earth for me.
I get a tremendous boost to pursue my dreams and to never give
up. For Liz, she was afraid, just like me. And now I ask myself, what
do I fear most, making a fool of myself or living my worst nightmare
each and every day for the rest of my life? Now, with that
perspective, I find myself willing to make a fool of myself, to put me
and my dreams out there for all to see. I am ready to make fear fear
me.
I may be shy and I may be afraid, but what does that matter?
What matters most is that I face my fears and prevail. I will not let
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fear get the best of me. Fear will no longer dominate me or my life,
for I have discovered that the pathway to your dreams is through, not
around, your worst nightmares. Your dream is the goal. Your
nightmare is the journey. Take the journey, pursue the dream, and
make a life you want to be living.
Thank you.
(Applause.)
CHAIRWOMAN HILLER: I have to share a short statement.
Face the fear of fear, and the fear of fear will disappear.
Wonderful.
Next, first place high school.
MS. NGUYEN: Hi. My name is Kimberly Nguyen. I'm from
Golden Gate High School, and I'm in 11th grade. Thank you all for
having me here. It's an honor to speak in front of all of you.
The title to my essay is "Perseverance Overcoming the Odds."
I entered my sophomore year blindly, with no real knowledge on
what it was going to be like. What did happen was the slap of reality.
My freshman year was like a whole different world. It consisted
of honors classes that were a breeze to ace. I was foolish to think that
my sophomore year would be the same. My honors classes turned
into AP classes, and boy had I underestimated the rigor of AP classes.
I had dug myself into a hole in which I had no way of escaping. I
would spend every night doing homework, and usually nighttimes
would melt into early mornings. I lost sleep, and I lost touch with my
friends and family. My life suddenly revolved around just
schoolwork.
To top it all off, not only were my classes extremely tedious, they
were also extremely labyrinthine. I often had to reteach myself the
lessons that I learned during school, because 45 minutes of learning a
new lesson was simply not enough for me to fully grasp the content.
I had my days where I felt like giving up and dropping
everything. Those days were my breaking points. Every time I would
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hit a brick wall, my mother would always be there to comfort me and
to persuade me to keep going.
Up until then, I never realized that my mother was the catalyst to
my success. My mother is the epitome of perseverance, and she is
what keeps me going through all of life's tough decisions. My mother
taught me what perseverance truly is.
My mother was born in 1970 in Vietnam, a child of the Vietnam
War. Her mother was a Vietnamese woman while her father was an
American soldier that, to this day, she has still never met.
In Vietnam, people born with American blood were nicknamed
"mutts" and were considered a huge disgrace. My mother faced a lot
of criticism and was rejected from society for no reason other than the
fact that she was half American.
My mother was the family outcast. Her own family ousted her
because of her background, something that was beyond her control.
Instead of having her mother care for her as a child, my mother was
required to care for the entire family. My mother was forced to climb
mountains for lumber, to cater to the families needs, and to quit school
in the sixth grade to find work.
My mother even found herself forcefully hidden in her room
when company was around because her family was embarrassed of
having a mutt. My mother was a slave and an embarrassment to her
own blood family.
Life was not pleasant for my mother. In fact, she lived a horrible
life. She spent every day being despised by her own family. My
mother became suicidal, and she contemplated why life was even
worth living. Each day brought nothing new to look forward to, but
my mother knew she had potential. She knew that she couldn't give
up, because she knew that there was a better life out there for her, and
that in order for her to live the life that she deserved, she had to escape
from her family, but not just her family. My mother had to escape
Vietnam. Being a mutt was an image that my mother desperately
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wanted to shed.
In 1989, my mother escaped Vietnam. She then proceeded to
spend 10 months living in the Philippines in the refugee camp Morong
Bataan PRPC. On February 16 of 1990, my mother finally landed on
American soil. In 1997, after years of hard work and studying, my
mother finally became a true American citizen.
In America, my mother found love and married my father. They
eventually had me. My mother currently works as a nail technician
and a hair stylist. She works hard to give me the life that she never
had. My mother promised herself to be a better mother to me than
hers ever was to her. My mother made many sacrifices so that I would
be able to have the childhood that she never experienced.
My mother defied all odds and now, not only is she successful,
she is also serving to me as a perfect example as for why it is
important to have perseverance and to never give up.
Whenever I reach a stage in my life where I just want to throw
everything away, I just look to my mother. I see her eyes, and I see
the story that hides behind those eyes. Then I know that if she can be
successful after everything she has gone through without giving up, I,
too, can persevere my way to success.
Thank you.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CHAIRWOMAN HILLER: We very much want to thank all
first-place essays for sharing. It was just incredibly moving.
In addition to your contributions, there are three other winners in
each category, and we want to honor all of you. We've included all
your essays in our backup material, and I'd like the Naples Daily
News to publish all 16 essays so the whole community can learn about
courage and how important it is to surviving and succeeding in life.
And with that, I would ask that the members of the board please
step down, because I know that -- in presenting these awards to each
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of these wonderful students, I know that each of them individually
would like to have a picture with the five of us, with the
superintendent of schools, with you, and with the special people in
their lives who are here, like their parents and teachers.
So if we could as a board step down, and then I will call up the
individual names of the winners to have them presented with their
awards and the opportunity for a photograph.
And, by the way, the reason I'm asking the Naples Daily News to
print all your essays is so you can actually on your resume say you
were published. Make sure you give them the release but only to do it
that one time, and any other time they want a copy, ask for money.
COMMISSIONER COYLE: That's not necessarily a good thing.
CHAIRWOMAN HILLER: Oh, I heard that's not a good thing,
but don't believe him.
Let me begin by calling up the first winner, Alexandra Argueta.
(Applause.)
CHAIRWOMAN HILLER: I'm going to give them to
Commissioner Fiala because she likes them.
COMMISSIONER FIALA: I do.
CHAIRWOMAN HILLER: And she recycles them.
MS. ARGUETA: Thank you.
(Applause.)
CHAIRWOMAN HILLER: The next winner is Sophie Torres.
(Applause.)
MS. TORRES: Thank you.
COMMISSIONER COYLE: Congratulations.
MS. TORRES: Thank you so much.
(Applause.)
CHAIRWOMAN HILLER: The next winner is Kimberly
Nguyen.
(Applause.)
CHAIRWOMAN HILLER: Bring your dad up. Is your mom
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here?
MS. NGUYEN: No.
CHAIRWOMAN HILLER: Bring your dad up. Congratulations.
Your essay was very moving.
COMMISSIONER COYLE: Congratulations. Good to meet
you.
COMMISSIONER FIALA: I know you're proud.
CHAIRWOMAN HILLER: Go ahead and stand in the middle.
(Applause.)
CHAIRWOMAN HILLER: And our last first-place winner is
Kylie Campbell.
(Applause.)
CHAIRWOMAN HILLER: Thank you so much, and happy
birthday.
(Applause.)
CHAIRWOMAN HILLER: Our next winner is Kevmely
Antoine.
(Applause.)
CHAIRWOMAN HILLER: Congratulations. Great job.
Our next winner is Alyssa Scuderi.
(Applause.)
CHAIRWOMAN HILLER: Are you her dad? No, come on up.
No, no, seriously, come on up. Come on down.
Oh, he's not the dad?
MR. SCUDERI: I am the dad.
CHAIRWOMAN HILLER: If you're not the father, we can find
MR. SCUDERI: I am the dad.
(Applause.)
CHAIRWOMAN HILLER: Our next winner is Rachelle
Salvatori.
(Applause.)
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March 26, 2013
CHAIRWOMAN HILLER: Rachelle, congratulations.
Our next winner is John Kuga.
MS. HODGSON: He's at the state science fair competition.
CHAIRWOMAN HILLER: Well, we're seriously not going to
fault him for that.
MR. OCHS: Slacker.
MS. HODGSON: I know, slacker; I know.
CHAIRWOMAN HILLER: Given that he's not here, we're going
to present his award to Dr. Patton, if you would willingly accept it on
his behalf.
DR. PATTON: Absolutely, thank you.
CHAIRWOMAN HILLER: What school is he with?
MS. HODGSON: He's with St. Ann's School.
CHAIRWOMAN HILLER: Why don't we open it up and take a
picture with it open, and he'll know that --
COMMISSIONER NANCE: We were thinking about him.
CHAIRWOMAN HILLER: -- we were thinking about him. And
we're glad he's up there at that science competition instead of us.
COMMISSIONER FIALA: Wonderful group, science
competition.
CHAIRWOMAN HILLER: The next winner is Helen Greider.
(Applause.)
CHAIRWOMAN HILLER: Helen, congratulations. It was a
great essay.
(Applause.)
CHAIRWOMAN HILLER: The next winner is Alexandra
Stanco.
MS. HODGSON: She's not able to be here this morning.
CHAIRWOMAN HILLER: Dr. Patton.
DR. PATTON: Yes.
CHAIRWOMAN HILLER: Thank you. And I really encourage
you to read all these essays. They are a part of the -- they are included
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March 26, 2013
in the agenda backup, and they are exceptional, every single one of
them.
The next winner is Maria Rodas-Bran.
MS. HODGSON: She is at school taking an exam this morning.
CHAIRWOMAN HILLER: Again, we're happy it's her and not
us.
MS. HODGSON: Yes, we are.
CHAIRWOMAN HILLER: I'm glad those days are over.
Thank you.
The next winner is Jazmin Dimas.
MS. HODGSON: She's not here this morning.
CHAIRWOMAN HILLER: Is she taking the exam maybe
helping the other students get through it?
DR. PATTON: Two for one.
CHAIRWOMAN HILLER: It's a two-for.
DR. PATTON: The tag team.
CHAIRWOMAN HILLER: The next winner is Valencia Fortin.
MS. HODGSON: Fortin. And she is not here this morning. So
many of our high school students are participating in so many things,
but she sends her regrets.
CHAIRWOMAN HILLER: We will not hold it against them at
all.
MS. HODGSON: I know. Thank you.
CHAIRWOMAN HILLER: It's all Commissioner Nance's fault.
Exactly. Now we know the problem.
The next winner is Autumn Armega-Finger.
(Applause.)
CHAIRWOMAN HILLER: Autumn, congratulations. Thank
you, beautiful essay.
MS. FINGER: Thank you for having me.
COMMISSIONER FIALA: What school?
MS. FINGER: Naples High. Thank you so much.
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March 26, 2013
CHAIRWOMAN HILLER: Are you Autumn's dad?
Wonderful, congratulations.
Please join us in the photograph.
MS. FINGER: Thank you. Thank you for having me.
(Applause.)
CHAIRWOMAN HILLER: Our next winner -- our next winner
is Bianca Long-Fazio.
MS. HODGSON: And she was not able to be here this morning.
CHAIRWOMAN HILLER: Thank you.
And our final winner is Charlotte Slabach.
MS. HODGSON: And she is hospital homebound but doing very
well.
CHAIRWOMAN HILLER: That's wonderful.
MS. HODGSON: Yes, thank you.
CHAIRWOMAN HILLER: And I've actually offered to be her
mentor.
MS. HODGSON: Wonderful.
CHAIRWOMAN HILLER: Yeah. So I'm looking forward to
working with Charlotte.
MS. HODGSON: Thank you.
CHAIRWOMAN HILLER: Thank you all very much. And, Dr.
Patton, thank you --
DR. PATTON: Thank you for having us.
CHAIRWOMAN HILLER: -- very much for what you're doing
to promote ethics and values in our society.
DR. PATTON: Thank you.
CHAIRWOMAN HILLER: We appreciate you for what you're
doing.
DR. PATTON: Thank you.
(Applause.)
CHAIRWOMAN HILLER: Well, it was really an honor to have
these young, very wise people share their incredible essays with us.
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March 26, 2013
Item #6A
PUBLIC PETITION REQUEST FROM ERNEST FREEMAN
REPRESENTING GOSPEL CHURCH OF HOPE IN IMMOKALEE
REGARDING ZONING - STAFF TO CHECK WITH
IMMOKALEE CRA FOR POSSIBLE ASSISTANCE WITH FEES
MR. OCHS: Madam Chair, that takes you to Item 6A on your
agenda this morning. It's a public petition request from Ernest
Freeman representing Gospel Church of Hope in Immokalee regarding
zoning.
Mr. Freeman, if you'd step forward to the podium.
MR. FREEMAN: Good morning, Board.
COMMISSIONER FIALA: Good morning.
MR. FREEMAN: My name is Ernest Freeman. I'm representing
the Gospel Church of Hope. Here's the pastor, Pastor Augustine,
who's the pastor of the church there.
What we are trying to do today is trying to request that we have
our fees waived for a nonconforming-use application for this building.
This building has -- was previously a post office in Immokalee back in
the early '70s and somewhat in the '60s. Probably don't want to share
my age, but ever since I've been a little boy it was a post office. And
then later on in the '90s they built a new post office in Immokalee,
which is on 15th Street.
And Pastor Augustine, he purchased the building for the use as a
church, which it has been used as a church for probably 15 years
consistently after the post office had moved and moved to the new
location.
So we've been going back and forth with the county trying to get
some status of why it couldn't be used as a church, which it had been
being used currently, and they have informed us that there are fees
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March 26, 2013
involved to get the use of the building changed.
The building, I guess I want to say it qualifies as commercial
because there are currently commercial structures in that area being
used by CenturyLink and other convenience stores.
So we're just trying to get these fees waived and are coming to
the board to ask that you could maybe assist us with the matter.
CHAIRWOMAN HILLER: County Attorney, what position are
we in if we waive fees for this petitioner and not for other petitioners?
Does that cause a problem?
MR. KLATZKOW: Does it cause a problem? Two parts to that
issue. One, I don't think -- the true answer isn't waiver of the fee. The
true answer is whether or not the board wants to direct that we use
General Funds to recompense for this fee.
CHAIRWOMAN HILLER: So, in effect, there is no waiver.
The cost of the fees still would have to be, obviously --
MR. KLATZKOW: It would be borne by the county.
CHAIRWOMAN HILLER: -- covered by General Fund dollars.
MR. KLATZKOW: By the county. Now, if the board finds it's
in the public interest to do this, then, yes, you can do this. I'd ask that
it come back on executive summary, if this is the direction we're
taking, so we could better flesh out the issue.
CHAIRWOMAN HILLER: The alternative is that we could
possibly come up with some sort of a payment plan to allow for a
longer period of time to pay the fees that are owed.
Commissioner Henning?
COMMISSIONER HENNING: Mr. Freeman, has the church got
a zoning verification on this parcel?
MR. FREEMAN: What do you mean by zoning verification? I
think the current zoning is village residential right now, you know,
because the zoning was changed in the '90s.
COMMISSIONER HENNING: Okay.
MR. FREEMAN: Sometime in the '90s that whole area there had
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March 26, 2013
an overlay that took place that changed the whole zoning throughout
Immokalee that we are currently aware of because we're going
through this new master plan and different things of that sort.
But way back in the '90s the zoning in that particular area was
changed. I don't know if it was changed from C4 to VR or what the --
you know, I hadn't looked up that much of the history of the current
zoning.
COMMISSIONER HENNING: Okay. Did it ever cease to stop
as a church, Mr. Bosi?
MR. BOSI: Mike Bosi, interim director of planning and zoning.
From our preliminary research, it was originally developed as a
post office, and it was originally zoned C4. Around the -- I believe
1990 it was changed from C4 to VR, made -- and the post office still
remained, transitioned to a church in the early '90s, has been a church
since then. It clearly qualifies for this petition to recognize a
nonconforming use changing to another nonconforming use because
of actions of the county changing the zoning. But the only way to
gain compliance is through the nonconforming-use change
application.
COMMISSIONER HENNING: And what is the process for
that?
MR. BOSI: It's strictly to the Board of County Commissioners.
It is an application, and it's an evaluation. It's an evaluation. Basically,
it evaluates the original use, a post office, compared to the proposed
use, meaning a church. Is that more compatible with the surrounding
area?
VR is a residential zoning district. A conditional use is allowed
for a church. A conditional use wouldn't be allowed for a post office,
a commercial center. Just by that initial summary, the compatibility is
more in line with a residential use for this church, so it clearly meets
the qualifications. But still, it's the procedural aspect that we have to
adhere to to gain compliance for the church.
Page 43
March 26, 2013
COMMISSIONER HENNING: And how much is the fee?
MR. BOSI: It's $1,500 plus a $500 advertising fee plus a $100
fire-review fee, so it would be a total of $2,100.
COMMISSIONER HENNING: A hundred dollars for fire
review for a petition?
MR. BOSI: Yes.
COMMISSIONER HENNING: In case the petition catches on
fire? You know what, don't answer. I'll ask the question later on.
I think this is something that we should refer to the Immokalee
area CRA. That's my personal opinion. They can assist businesses
and the like to expand, locate, or retain in the area.
Do you think that would be appropriate, Leo?
MR. OCHS: We could certainly explore that with the interim
director, Commissioner, and find out if they have a program that
would help offset these application fees if it's the will of the board.
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: I think that's a very good
suggestion.
COMMISSIONER HENNING: I'm going to defer to the
commissioner of the district.
COMMISSIONER NANCE: I think that would be a good idea.
Why don't we see if we can get Brad to meet with Mr. Freeman and
see if there's some program of assistance that they could come up
with.
CHAIRWOMAN HILLER: That's a great solution. So that's the
direction of the board. The county manager will assist you to get in
touch with the executive director of the Immokalee CRA who will try
to find a source of funds that would be available to assist you with the
fee deferral or the fee waiver. And then once that's done, then
essentially what will happen is you will pay the fee, but there will be a
source of funds provided to you to be able to pay the fee.
MR. FREEMAN: Okay. Thank you.
Page 44
March 26, 2013
MR. OCHS: Commissioner, again, just so everybody walks
away here with a clear expectation, we're going to consult with the
CRA on that if --
CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: To see if there's any possibilities.
MR. OCHS: Right. And if they can, we'll make this happen. If
not, we'll report back to the board and to the petitioner, and they may
want to seek another opportunity to petition the board on this.
CHAIRWOMAN HILLER: Sure. And you can come back if
that doesn't work. We're happy to hear this case again.
MR. FREEMAN: Okay, thank you.
CHAIRWOMAN HILLER: Thank you. And Happy Easter.
MR. FREEMAN: Same to you.
CHAIRWOMAN HILLER: With that, County Manager, it's
10:23, which means we're almost due for a break for our court
reporter, and I know she baked a lot of great stuff, so people probably
want to go back there and indulge, so --
COMMISSIONER COYLE: One public speaker.
CHAIRWOMAN HILLER: What? Oh, we had a public
speaker?
MR. MILLER: For public comment. I'm sorry, the next item.
CHAIRWOMAN HILLER: Oh, well, do you actually want to do
that? What's -- do you have a public speaker?
MR. MILLER: Yes. For public comment we have one
registered speaker, Bob Krasowski.
CHAIRWOMAN HILLER: Okay. Then why don't we go
ahead. I was not aware of that. I apologize. Thanks for pointing that
out, Commissioner Coyle.
MR. KLATZKOW: He just came.
CHAIRWOMAN HILLER: Yeah. I didn't think we had any
public speakers.
Page 45
March 26, 2013
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
COMMISSIONER COYLE: Well, if I'd known it was Bob, I
wouldn't have mentioned it.
CHAIRWOMAN HILLER: What can I say, you know. You're
too fast on the uptake.
Bob, good morning.
MR. KRASOWSKI: Good morning, Commissioners and
Mademoiselle Chair.
CHAIRWOMAN HILLER: I like that. Oooh, I'll tell you, you
know a way to a woman's heart.
MR. KRASOWSKI: Well, I work at it. You know, I really work
at it.
I don't want to take a whole bunch of time, but I just wanted to
kind of restate an interest that I have in the fact that our beach
renourishment project in the future it's -- you know, it's evolving more
and more, the bids are out, there's different categories that you'll
consider as far as what you're going to do. But I just want to restate,
because I haven't been around in the last couple of meetings, that, you
know, I just hope that you can contain the activity to perform the
beach nourishment in the six months we have that's outside of turtle
nesting season, and that's it, you know. There are -- you're having a
workshop next Tuesday.
CHAIRWOMAN HILLER: We are. And I was going to suggest
if you would like to attend and comment at that workshop based on
the discussion we have, your input would be appreciated.
MR. KRASOWSKI: Okay. Thank you very much. I will be
here. And I hope, like other interested people, you know,
environmentalists will come to hear how the whole thing is considered
and worked through, but -- so thanks for your time this morning.
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March 26, 2013
CHAIRWOMAN HILLER: We will give notice about that
meeting so anyone interested can attend.
MR. KRASOWSKI: Excellent, yeah.
CHAIRWOMAN HILLER: Thank you.
MR. KRASOWSKI: Sure.
CHAIRWOMAN HILLER: Thanks very much.
Are there any other public speakers?
MR. MITCHELL: No, ma'am.
CHAIRWOMAN HILLER: With that, can we go ahead and take
a 10-minute break?
MR. OCHS: Absolutely.
CHAIRWOMAN HILLER: Thank you.
So we'll return at 10:35.
(A brief recess was had.)
MR. OCHS: You have a live mike.
CHAIRWOMAN HILLER: We're going to call the meeting
back to order.
The next item on the agenda, County Manager.
Item #10A
RESOLUTION 2013-77: RE-APPPOINTING SHELIA A. DUGAN
AND ROBERT F. MESSMER TO THE BAYSHORE
BEAUTIFICATION MSTU ADVISORY COMMITTEE —
ADOPTED
MR. OCHS: Is Item 10A, Madam Chair. It's a reappointment of
members to the Bayshore Beautification MSTU Advisory committee.
CHAIRWOMAN HILLER: Commissioner Fiala, would you like
to make the recommendations in a motion.
COMMISSIONER FIALA: Oh, I would. I would love to
reappoint Sheila Dugan and Robert Messmer --
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March 26, 2013
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: -- as recommended by committee.
CHAIRWOMAN HILLER: There being no discussion, I
assume, 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.
The next item, County Manager.
Item #10B
RESOLUTION 2013-78: APPOINTING TOM CRAVENS, JOHN
DOMENIE, JOSEPH CHICUREL AND SCOTT WILLIAM
STRECKENBEIN IN THE CATEGORY OF "RESIDENT"
RESOLUTION 2013-79: DECLARING TWO (2) REMAINING
VACANCIES IN THE CATEGORY OF
"COMMERCIAL/BUSINESS/OTHER — ADOPTED
MR. OCHS: 10B is appointment of members to the Pelican Bay
Services Division Board.
Madam Chair, as the executive summary pointed out, the election
results were just tabulated yesterday, so we need to discuss the results
of that election as part of this appointment.
CHAIRWOMAN HILLER: We do. I'd like the county attorney
to address the outcome and to report to us who the winners are, since
he, along with the clerk, were officially responsible for the tabulation.
COMMISSIONER FIALA: Are these the ones that are in our
agenda packet now, the totals?
MR. OCHS: Did the -- they get updated?
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March 26, 2013
MR. SHEFFIELD: I'm not sure.
COMMISSIONER HENNING: That was an email to us.
MR. OCHS: Yeah. I think there was an email yesterday,
Madam Chair.
CHAIRWOMAN HILLER: And it's also --
MR. KLATZKOW: The election was tabulated yesterday by the
Clerk of Courts and myself. The summary of the votes cast are set
forth on the overhead. As you can see, the asterisk denote the top four
vote-getters. There was a significant difference in voting between the
top four and the number five so that there really was very little
discussion to be had on this, I believe.
CHAIRWOMAN HILLER: And I make a motion that we accept
the top four vote counts as the new members of the PBSD. The first
being Tom Cravens with 933 votes, the second being John Domenie
with 781 votes, the third being Joseph Chicurel with 759 votes, and
then the fourth being Scott Williams Streckembein with 709 votes.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no 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.
And congratulations to the four winners.
MR. OCHS: Madam Chair, a related item, we have an additional
resignation in the residential category and also a vacancy with no
applicants in your commercial representation. So Mr. Dorrill is here
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March 26, 2013
to address that with the board, if you please, unless you've already got
that covered.
CHAIRWOMAN HILLER: I would like to allow the county
attorney to address that.
MR. KLATZKOW: Yeah. I'd like the board to declare the
vacancy, and then we'll process that accordingly at the next meeting.
CHAIRWOMAN HILLER: Thank you. As such, the board
declares the vacancy in two positions, one with respect to residential
representation, one with respect to commercial representation. Both
openings will be addressed at the next board meeting.
So, Mr. Dorrill, would you kindly attend at that time. Thank you.
Anything further, County Attorney?
MR. KLATZKOW: No, ma'am.
CHAIRWOMAN HILLER: Thank you.
County Manager, any further on that matter?
MR. OCHS: No, ma'am. Thank you.
CHAIRWOMAN HILLER: Thank you.
Item #10C
RESOLUTION 2013-80: APPOINTING JOSEPH BERNARD TO
THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY —
ADOPTED
MR. OCHS: That takes us to 10C, which is appointment of
member to the Collier County Public Safety Authority.
COMMISSIONER FIALA: And I'd like to nominate or, rather,
make a motion to accept the Physicians Regional request for the
hospital administrator, Joe Benard, as Todd Lupton will be leaving,
and so in his place they'd like to appoint Joe Benard.
CHAIRWOMAN HILLER: And I will second that.
Any discussion?
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March 26, 2013
(No response.)
CHAIRWOMAN HILLER: There being no 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.
MR. OCHS: 10D will be heard this afternoon, Commissioners.
Item #10E
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DIRECT STAFF TO SOLICIT PROPOSALS
TO DEVELOP AND IMPLEMENT TARGETED
IMPROVEMENTS TO THE COUNTY'S FEDERAL AND STATE
GRANTS COMPLIANCE AND ADMINISTRATION SYSTEMS.
THE SOLICITATION SHOULD BE DIRECTED TO PUBLIC
ACCOUNTING FIRMS WITH KNOWN EXPERTISE IN GRANTS
COMPLIANCE ACCOUNTING AND AUDITING, INCLUDING
BUT NOT LIMITED TO THE BIG 4 FIRMS. RESPONSES BY
BIDDERS SHALL GIVE CONSIDERATION TO THE
RECOMMENDATIONS FOR IMPROVEMENTS TO THE
EXISTING GRANT PROCESSES AND SYSTEMS AS WILL BE
PROVIDED BY THE COUNTY'S AUDITORS, ERNST &
YOUNG. THE REQUEST FOR PROPOSALS (RFP) SHALL BE
DEVELOPED AND RELEASED WITHIN 60 DAYS OF RECEIPT
OF THE ERNST & YOUNG ASSESSMENT REPORT —
APPROVED
MR. OCHS: That takes you to Item 10E on your agenda. It's a
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March 26, 2013
recommendation that the board direct staff to solicit proposals to
develop and implement target improvements to the county's federal
and state grants compliance and administration systems. This item was
brought forward by Commissioner Hiller.
CHAIRWOMAN HILLER: Yes. And what I'm going to do is
I'm going to go ahead and read the entire recommendation and explain
why I'm bringing it forward, although the recommendation in and of
itself should be self-explanatory, and that is as follows:
Recommendation that the Board of County Commissioners direct staff
to solicit proposals to develop and implement targeted improvements
to the county's federal and state grants compliance and administration
systems.
The solicitation should be directed to a public -- to public
accounting firms with known expertise in grants compliance
accounting and auditing, including but not limited to the big four
firms. Responses by bidders shall give consideration to the
recommendations for improvements to the existing grant processes
and systems as will be provided by the county's external auditors,
Ernst and Young. The request for proposal shall be developed and
released within 60 days of receipt of the Ernst and Young assessment
report.
And that is what I would like presented as my motion. The
reason that I'm bringing this forward is, as you all recall, when the
external auditor stood before us a couple of meetings ago, he
explained that, essentially, our area of greatest weakness right now
happens to be in the grants division with respect to grants processing
and grants compliance.
It is a very difficult area of administration given that we're
dealing with so many different nonprofits with different issues and
where oftentimes the laws governing grants compliance can be very
difficult.
With respect to grants compliance, there has to be strict
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March 26, 2013
compliance. There are no -- there is no leeway, so it makes it a very
time-consuming and burdensome process. Fortunately for us, we have
new leadership in that division, and fortunately, again, there are
templates available that have been developed by the public accounting
firms to assist organizations like ours with respect to grants
administration and compliance.
And so rather than reinvent the wheel, we would like to give the
county manager the opportunity to drive the bus rather than build it,
and as such, having spoken to him and his staff and having heard from
the external auditor that the purchase of such a system would be paid
back to the county in spades over, I think, what would be a very short
amount of time.
It really makes good business sense for us to put out this request
for proposal and buy such a system. Everybody will benefit. The
county will benefit. The non-profit organizations will benefit. The
community will benefit as a result of getting more dollars faster. It's a
win-win.
And so, if I could have a second, I would appreciate it.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Thank you. Is there any discussion?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: Commissioner Nance.
COMMISSIONER NANCE: Yes. Madam Chair, I fully support
this agenda item, and I think it is -- has a very clear relationship to
another thoughtful agenda item which you have placed on today's
agenda, which is 10G, which we're going to talk about here in seven
minutes. But that is basically that these two agenda items propose to
make significant strengthening in the county's grant administration
staff system and oversight.
And I fully support that for the simple reason that I think the
number of available grants are going to be diminished, and I think it is
going to be in our very, very best interest to be as competitive as we
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March 26, 2013
possibly can. I think it will pay back not only organizations like your
victims advocacy organizations, but all the way down through our
other public service, nonprofits, and our county CRAs. So I fully
support this agenda item.
CHAIRWOMAN HILLER: Thank you. Thank you for those
kind words.
Do we have any public speakers on this agenda item?
MR. MILLER: No, we do not.
CHAIRWOMAN HILLER: 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.
MR. OCHS: Madam Chair, might I suggest, given the fact that
we have an 11 a.m., that perhaps we could do the staff Item 11B,
which is the renewal of your property insurance. It shouldn't take very
long.
CHAIRWOMAN HILLER: Absolutely.
Item #11B
RECOMMENDATION TO APPROVE THE PURCHASE OF
PROPERTY INSURANCE EFFECTIVE APRIL 1, 2013 IN THE
ESTIMATED AMOUNT OF $3,542,000, A DECREASE OF
$18,000 — APPROVED
MR. OCHS: 11B is a recommendation to approve the purchase
of property insurance effective April 1, 2013, in the estimated amount
of $3,542,000, representing a decrease of $18,000 in annual
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March 26, 2013
premiums. And Mr. Jeff Walker, your risk management director, will
present.
CHAIRWOMAN HILLER: Thank you.
MR. WALKER: Good morning, Madam Chair. Jeff Walker,
risk management director, for the record.
Did you have a question?
CHAIRWOMAN HILLER: I don't believe -- at least from my
part I have no questions. The backup material was very clear. You
answered my questions.
Is there any discussion or any questions --
COMMISSIONER FIALA: Nope.
CHAIRWOMAN HILLER: -- on behalf of the board?
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
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.
MR. WALKER: Thank you.
CHAIRWOMAN HILLER: Is there another item that we can
dispose of?
Thank you, Mr. Walker.
MR. OCHS: Madam Chair, unfortunately, I think most your
other items have time-certain assignments or the airport authority
items. I had indicated to Mr. Curry we probably wouldn't go until the
afternoon, so --
CHAIRWOMAN HILLER: Let me ask one question. 14B 1, is
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March 26, 2013
there -- that was at a time-certain. Did you want that as a time-certain,
Commissioner Fiala, for a particular reason?
COMMISSIONER FIALA: Yeah. The only particular reason is
they only have two people left in the CRA, and when one -- last time
she was here, she thought it would be discussed; we put it off till this
meeting, but she waited here nine hours. And so they were just, truly,
without any coverage in the office.
CHAIRWOMAN HILLER: Right.
COMMISSIONER FIALA: So I just called -- you know, we
could always ask her to run on over if she wanted to do that. There's
no particular reason other than to just --
CHAIRWOMAN HILLER: Okay.
COMMISSIONER FIALA: -- give them a little relief in the
office.
COMMISSIONER COYLE: Well, could we get a sense of the
board if there's going to be a debate about this? If there's no debate —
CHAIRWOMAN HILLER: Is there any intent for any
discussion about this matter? This is Item 14B1.
COMMISSIONER FIALA: You were the one that wanted to
bring it back, I think.
CHAIRWOMAN HILLER: No.
COMMISSIONER FIALA: No?
CHAIRWOMAN HILLER: No.
COMMISSIONER FIALA: That's what I was told.
COMMISSIONER NANCE: I was just going to inquire as to if
there was any urgency to do that, because the differential in between
what we pay for these properties and what they're currently assessed at
is dramatic. It -- you know, it amounted to a $450,000 expense by the
county for which we're going to receive $67,000, and I just wondered
if there was some particular --
COMMISSIONER FIALA: Per property you mean or --
COMMISSIONER NANCE: Yes, ma'am. I realize part of that
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March 26, 2013
was in the value of the mobile homes but, I mean, the assessment on
those lots has gone from $50,000 to 10-, $12,000. And, I mean, unless
there's some reason just to divest ourselves of these, maybe it would
be in the county's interest to hang on to them, let this recovering
economy bring a little more value back to the economy, unless there's
some --
MR. OCHS: Well, Madam Chair, if I might -- and I don't mean
to speak on behalf of the CRA, but based on the backup information,
Commissioner, I think the intent of the advisory board here was to
build single-family homes on these vacant lots to create new taxable
value that would add to their TIF going forward.
They had a few examples already within the CRA where they
were successfully doing just that by removing dilapidated mobile
homes, replacing them with upgraded single-family structures that
would, of course, add to the taxable value and create the -- grow the
TIF for the CRA.
COMMISSIONER FIALA: And it also reduced the crime
immensely --
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: -- when they ripped down all that
junk.
MR. OCHS: And your point is well made, Commissioner.
You're always trying to time the market.
COMMISSIONER NANCE: Right.
MR. OCHS: Things seem to be improving.
COMMISSIONER NANCE: That's the only comment I would
make.
MR. OCHS: I understand.
COMMISSIONER NANCE: You know, perhaps the
single-family residences that are contemplated won't support a lot
that's worth a lot more. And in that case, there's no further discussion.
But I mean, I just thought it was pretty dramatic what occurred in that
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March 26, 2013
instance.
CHAIRWOMAN HILLER: And there is no --
MR. OCHS: I think they're trying to build some momentum as
well --
COMMISSIONER HENNING: Buy high, sell low.
MR. OCHS: -- for improvement in that area.
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER FIALA: So should we wait to then discuss it
until we get the CRA person here, or just --
MR. OCHS: It's the pleasure of the board. If Commissioner
Nance is --
COMMISSIONER NANCE: I'll make a motion to approve it.
COMMISSIONER FIALA: Okay, second.
CHAIRWOMAN HILLER: Commissioner Fiala, since it is a
CRA item, would you like to recognize --
COMMISSIONER FIALA: I'm not the chairman anymore. I've
been removed.
CHAIRWOMAN HILLER: Oh, sorry. No, you're vice chair.
COMMISSIONER NANCE: We're going to open the Board of
County Commissioner's acting as the CRA in session.
Item #14B 1
RECOMMENDATION FOR THE COMMUNITY
REDEVELOPMENT AGENCY TO APPROVE THE SALE OF
FIVE (5) CRA OWNED MOBILE HOME LOTS TO NIAN
FINANCING CORPORATION; AUTHORIZE THE CRA
CHAIRMAN TO EXECUTE ALL DOCUMENTS NECESSARY
TO FACILITATE THE SALE AND AUTHORIZE STAFF TO
DEPOSIT THE FUNDS RECEIVED FROM THE SALE INTO THE
APPROPRIATE ACCOUNT — APPROVED
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March 26, 2013
MR. OCHS: This is Item 14B1. And, again, it's a
recommendation for the CRA to approve the sale of five CRA-owned
mobile home lots to NAIN Financing Corporation, authorize the CRA
chair to execute all documents necessary to facilitate the sale, and
authorize staff to deposit the funds received from the sale into the
appropriate account.
CHAIRMAN NANCE: And I had made a motion to approve,
and I believe, Commissioner Fiala, you seconded.
COMMISSIONER FIALA: I did.
CHAIRMAN NANCE: Is there any further discussion from
members of the board?
(No response.)
CHAIRMAN NANCE: Hearing none, I'll call the question.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: It passes unanimously.
Is there any other business on the CRA?
COMMISSIONER HILLER: Not right now.
CHAIRMAN NANCE: Not right at this time, so we'll close this
session of the CRA with no other business to be done.
CHAIRWOMAN HILLER: Thank you.
Item #10G
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DIRECT THE COUNTY MANAGER TO
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March 26, 2013
WORK WITH THE COUNTY ATTORNEY AND THE CLERK OF
COURTS TO DEVELOP A TAILORED GRANTS PROGRAM
FOR THE BENEFIT OF THE VICTIMS ADVOCACY
ORGANIZATIONS ("VAO") IN COLLIER COUNTY. THESE
ORGANIZATIONS ASSIST VICTIMS THAT (IN ONE OF MANY
WORST CASE SCENARIOS) MAY END AS WARDS OF THE
STATE. IN THE ABSENCE OF VAOS, LOCAL GOVERNMENT
WOULD HAVE TO MAKE A DIRECT CONTRIBUTION OF
LOCAL TAX DOLLARS TO ASSIST SUCH VICTIMS.
PROGRAM CONSIDERATIONS MAY INCLUDE BUT NOT BE
LIMITED TO: ALLOWING FOR PRIVATE MATCHING GIFTS
THAT WILL EXPAND THE VAO GRANT POOL, FEE BASED
GRANT PROCUREMENT ASSISTANCE, DEDICATED
COUNTY STAFFING, AND A REVISED APPROACH TO
GRANTS ADMINISTRATION. IN ADDITION, THE COUNTY
ATTORNEY IS DIRECTED TO WORK WITH THE SHERIFF'S
CRIMES UNIT AND THE VAOS TO BOLSTER AND/OR
DEVELOP LOCAL ORDINANCES THAT ADDRESS CRIMES
AGAINST SUCH VICTIMS. IN COMBINATION, THE
PROPOSED FISCAL AND LEGAL DIRECTION WILL SERVE
TO HELP INCREASE THE AID AND PROTECTION VAOS
PROVIDE. THE HOPE IS THAT IN LATER YEARS SIMILAR
PROGRAMS CAN BE DEVELOPED FOR THE BENEFIT OF
OTHER NON-PROFIT ORGANIZATIONS IN THE COUNTY.
STAFF PROPOSAL TO BE BROUGHT BACK TO THE BOARD
OF COUNTY COMMISSIONERS FOR APPROVAL AT THE
SECOND BOARD MEETING IN MAY, 2013 — APPROVED
(PERFORMANCE BY NAPLES RESIDENT CASEY WESTON, A
2011 FINALIST ON REALITY SHOW "THE VOICE")
MR. OCHS: And, Madam Chair, that takes us exactly to 11
a.m., and that is a time-certain item this morning. It's Item 10G on
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March 26, 2013
your agenda.
CHAIRWOMAN HILLER: Yes. We have a number of
representative organizations here this morning. I'd like all the
representatives and supporters of those victim advocacy organizations
to move forward to the front of the boardroom, please.
COMMISSIONER FIALA: See, that's -- everybody does the
same thing. We all sit in the back of the room, right?
CHAIRWOMAN HILLER: That's because they don't want to
see the teacher -- or they don't want the teacher to see them texting on
their phones instead of listening to the lecture. You know, we know
that.
Mimi, Rocky?
Mike, are you here representing the sheriff?
MR. WILLIAMS: No, ma'am; Ken Becker.
CHAIRWOMAN HILLER: Okay. First of all, I'd like to thank
you-all for being here. The organizations represented here today are
victim advocacy organizations, and these organizations are extremely
important to our community. These organizations represent
individuals who, in the absence of the help provided by these
organizations -- oh, I'm sorry. We've got Dave Schimmel over here,
too. Hi, Dave -- these individuals could potentially become wards of
the state or even face a worse fate.
Now, as a consequence, it is extremely important that our local
government plays a role in assisting these organizations help the
victims that these organizations represent.
And with that, I have had the opportunity and actually the honor
of working with these groups over the past few years and have very
carefully studied what their needs are to see what we as government
could do to help.
And as a consequence of many meetings over the past few years,
we have collectively, along with county staff, developed essentially
what is the skeleton for what we hope will be a future -- in the future a
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very successful program.
The intent here is to essentially bring these volunteer
organizations together with county government to, working through
this template, if you will, develop a mechanism to increase the number
of grants that come to these organizations to process these grants more
effectively and to develop better laws to protect the victims served,
again, by these VAOs.
And as a result of very close communications, we have decided
to come before the board and ask the board to allow county staff to --
and the County Attorney's Office to work with the victim advocacy
organizations that will be part of this pilot program to develop, I
guess, what you might call as the meat, as the substance, and bring it
back to the board for your approval.
The intent is not to use local tax dollars to help these
organizations but rather to bolster the system to bring more state and
federal tax dollars back to the county to fund more programs that we
hope will help everybody in the long run.
And so with that what I would like to do is have each of these
organizations stand and represent yourself. If you would come to the
podium and state the name of your organization, what your title is, and
who you're fighting for, and then after you've presented yourself, I
would like to have Dave Schimmel stand before this board and explain
what he believes is the reason we all need to work together and
support this initiative.
Now, before we get started, I will say this is intended as a pilot
program, and we know that there are other organizations out there that
help victims. We know there are other nonprofits out there that help
many who are in need of assistance in a number of different ways.
We hope that if this pilot program works that we can carry this
example to the other organizations and benefit them the same way that
the victim advocacy organizations that are here today will be
benefited.
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March 26, 2013
So hopefully this will be a successful project. Hopefully we can
roll it out to more organizations, and the community will be better in
the long run as a consequence.
So let's begin with the first organization, the shelter.
MS. OBERHAUS: Good morning, Commissioners. I'm Linda
Oberhaus, the executive director at Shelter for Abused Women and
Children. And our organization represents victims of domestic
violence here in Collier County.
CHAIRWOMAN HILLER: Thank you.
Steve, come on up.
MS. STEVENS: Good morning. I'm Jackie Stevens, and I'm the
chief executive officer of the Children's Advocacy Center here in
Collier County, and we provide services to the most seriously abused
and neglected children in our community.
MR. KISSINGER: Good morning. My name is Steven
Kissinger. I'm the chief financial officer of the Children Advocacy
Center.
CHAIRWOMAN HILLER: Thank you. Project Help.
MS. ENGLISH: Good morning. I'm Michelle English. I'm the
executive director for Project Help. We are the state-certified rape
crisis center, so we work with all victims of sexual assault and we deal
with all victims of crime.
CHAIRWOMAN HILLER: Thank you.
MS. ENGLISH: Thank you.
SGT. BECKER: Sergeant Ken Becker of the Collier County
Sheriffs Office, Exploitation and Special Victims Unit. We work
very closely with each and every one of these nonprofit organizations
to make sure that the victims in our cases, and along with NPD and
Marco Island, get the services that they need after this very traumatic
event.
CHAIRWOMAN HILLER: Thank you. Drug Free Collier?
Mimi, Rocky, you want to come up?
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March 26, 2013
MS. BLACK: Hello. My name is Melanie Black. I'm the
executive director for Drug Free Collier, and we are here to prevent
substance abuse among our youth, and we're also here to provide
resources for those parents who may be dealing with their child who is
using drugs.
And this is Mimi Scofield.
MS. SCOFIELD: Mimi Scofield. I serve on the board of
directors of Drug Free Collier. Thank you for having us.
CHAIRWOMAN HILLER: Thank you.
Dave Schimmel?
MR. SCHIMMEL: Hi, Commissioners. I'm Dave Schimmel, the
CEO of the David Lawrence Center, and the organizations that have
introduced themselves really represent the most vulnerable people in
our community. And it's safe to say that we probably will serve over
50,000 people, collectively, over this next year.
CHAIRWOMAN HILLER: Which is too many.
MR. SCHIMMEL: Which is too many. But it is what it is, and
all of us struggle to meet that need and maintain a strong safety net.
And one of the disadvantages that we have right now as a
community is we're not as well coordinated and organized as some of
the other counties that we're competing with. A good example is Lee
and Sarasota County have really used their county governments as an
impetus to bring people together.
So we are all here, obviously, to support this proposal. We are
literally leaving millions of dollars on the table on a state level and on
a federal level. And we know we send more money to Washington
than we bring home, so we think we can do a much better job of that.
So we would encourage all of you to support this proposal. It is a
struggle for all of us to put together a patchwork of services, and there
is very little direct taxpayer support in a lot of what it is that we do.
And almost every grant that we apply for, for example, in the mental
health area pretty much has to be submitted by Collier County
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March 26, 2013
Government.
So we're willing to work with you closely. Having the Clerk's
Office involved is critical because we can have discussions about
these issues before we submit grants. We can make sure that we can
all be in compliance and get the outcomes that we need.
We all know that for every dollar invested we're probably going
to save taxpayers nine to 10 dollars. So it does make good business
sense.
And we all also have donors and supporters who are willing to
pool money together to help meet the match requirements so that that
wouldn't be a burden on taxpayers as well.
So I would encourage you to support this pilot project. I see no
downside at all.
CHAIRWOMAN HILLER: Thank you. I would like before --
Commissioner Fiala, before you make your comment, I'd like to make
a motion, if you don't mind.
COMMISSIONER FIALA: Could I make my comment first?
CHAIRWOMAN HILLER: Yeah, go ahead.
COMMISSIONER FIALA: Good. Because I think this was a
very admirable initiative on your part, and I congratulate you for that.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: I was wondering also, is Youth
Haven a part of this as well and they're just not represented here
today?
CHAIRWOMAN HILLER: No. What we're doing right now,
we've limited -- there are a lot of other organizations that are not here
today. In order to manage the program, we're starting off with just
these organizations, and then we're going to bring more organizations
in as we build the template.
If we start with too many groups, it's going to be difficult for us
to work out the kinks and get the process in place. We hope we'll
have this up and running within less than six months. There are a
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March 26, 2013
number of organizations which are going to be part of this pilot
program, but we need to start small and then add.
COMMISSIONER FIALA: Okay. Then what I wanted to
suggest is, one of the problems that we've had along the way -- and
child advocacy team can certainly tell us about that -- is once they've
got their grants submitted, then to get their money has been a
tremendous problem --
CHAIRWOMAN HILLER: That's all being addressed.
COMMISSIONER FIALA: -- even though they've been
approved. So I'm hoping in your motion that then we include some
type of actual, like, ombudsman to work with them closely to make
sure that not only the grants meet the approval of the Clerk's Office,
but when they get it back, that they can get that stuff through to them,
because they need the money so desperately.
CHAIRWOMAN HILLER: You are on the money. And just so
you know, in all our meetings and discussions in those meetings,
exactly what you have said has already been addressed.
COMMISSIONER FIALA: Good, good.
CHAIRWOMAN HILLER: Your questions have been asked and
answered, and there is an understanding between the organizations,
county staff, the County Attorney's Office, and the Clerk's Office as to
the framework for solving the kind of problems you're raising, and
that's the whole point of the pilot program.
And we hope that once the meat is put on the skeleton, if you
will, that we will be able to roll this program out to other nonprofits,
both victim advocacy nonprofits as well as non-victim advocacy
nonprofits, because there are other organizations that could benefit
from, you know, the same type of assistance. But the idea is to start
small, to show that we can do it --
COMMISSIONER FIALA: But these are the most important
ones.
CHAIRWOMAN HILLER: Exactly.
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March 26, 2013
COMMISSIONER FIALA: Well, not that Youth Haven isn't
important, because they're certainly important.
CHAIRWOMAN HILLER: Right. No, they really are, they
really are.
So thank you for your comments. You're right on the money.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I will echo Commissioner
Fiala's support of this agenda item. I think this is one of the most
thoughtful agenda items that I've seen in my brief tenure. I think it's a
wonderful idea, and I think -- as I mentioned previously, I think it
networks very well with the approval we just gave to your other
agenda item on the grants compliance and administration system that
we're going to hopefully get from our accounting firm.
So unless you're going to make the motion, I'm going to make a
motion to approve this agenda item, my complete support.
CHAIRWOMAN HILLER: Thank you. And if you don't mind,
if I can read into the record what that motion would be, allowing you
to make it?
COMMISSIONER NANCE: Yes, ma'am.
CHAIRWOMAN HILLER: That would be fine.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. Well, we might as well
make an anonymous (sic) kudos, Commissioner Hiller. You did a fine
job again.
CHAIRWOMAN HILLER: Thank you. You're very kind. I
appreciate all your kind words.
I am very passionate about victim's advocacy, and I'm going to
do everything I can to help these organizations be successful. And I
commend all of you for what you do.
So I'm going to read the motion, ask for a second, but I do have
something special to announce before the vote.
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So for the benefit of Commissioner Nance's motion, the wording
will be that the Board of County Commissioners direct the county
manager to work with the county attorney and the Clerk of Courts to
develop a tailored grants program for the benefits of victims' advocacy
organizations in Collier County.
These organizations assist victims that in one of many worst-case
scenarios may end up as wards of the state. In the absence of victim
advocacy organizations, local government would have to make a
direct contribution of local tax dollars to assist such victims.
Program considerations may include, but not be limited to,
allowing for private matching gifts that will expand the VAO grant
pool, fee-based grant procurement assistance, dedicated county
staffing, and a revised approach to grants administration.
In addition, the county attorney is directed to work with the
sheriffs crimes unit and the VAOs to bolster and/or develop local
ordinances that address crimes against such victims. In combination,
the proposed fiscal and legal direction will serve to help increase the
aid and protection VAOs provide. The hope is that in later years
similar programs can be developed for the benefit of other nonprofit
organizations in the county.
The staff proposal is to be brought back to the Board of County
Commissioners for approval at the second board meeting in May
2013.
May I have a second?
COMMISSIONER FIALA: I seconded it.
CHAIRWOMAN HILLER: Oh, thank you. Thank you very
much.
So before we proceed to a vote, we have a special guest. Casey?
Do you all know Casey Weston?
UNIDENTIFIED SPEAKER: Of course, yes.
CHAIRWOMAN HILLER: Really. Okay. Well, Casey is here
today on behalf of the victim advocacy organizations and the victims
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March 26, 2013
of Collier County and to be sure that you-all vote in favor of this.
(A performance was given by Casey Weston.)
CHAIRWOMAN HILLER: That was really phenomenal.
(Applause.)
MS. WESTON: I'm grateful to be a part of this. Thank you.
(Applause.)
CHAIRWOMAN HILLER: That was awesome.
MS. WESTON: You guys are going to make me cry.
I just want to say Drug Free Collier means a lot to me. We're
going in to the youth, and we're telling them that there's a choice other
than the peer pressures.
And it means so much to have people in our schools that are
saying this to us because, really, what we experience every day going
through high school is not probably what you would imagine. It's a lot
worse nowadays.
And I survived, but a lot of us -- you know, there's a lot of peer
pressures, so I'm just so grateful that we're going to start this awesome
thing with Drug Free Collier.
Thank you.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
COMMISSIONER HENNING: So now we're going to refer to
you as Soul Sister Hiller.
CHAIRWOMAN HILLER: Casey, that was just remarkable.
That was just beautiful.
With that, I would like to -- since there is no further discussion, I
would like to go ahead and call the vote, and then I'd like to make a
presentation.
So all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
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March 26, 2013
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
And I just want you to know this does not constitute a bribe
because you guys have already voted. Number two, this is of nominal
value; therefore, this does not constitute a bribe, nor is it a kickback,
okay, because we're not allowed to give kickbacks or engage in
bribery.
So with that, I want to -- actually, wait a minute, wait a minute.
COMMISSIONER FIALA: I just want to read it.
CHAIRWOMAN HILLER: Hang on. Just a moment. What I
have here -- I actually had the honor of hearing Casey sing at a Drug
Free Collier concert, and I was with Mimi that night because her
husband was off fooling around somewhere else.
COMMISSIONER FIALA: With?
CHAIRWOMAN HILLER: We won't say with what, you know,
just carrying big guns. But I know John Lundin appreciates those
comments.
Anyway, so what happened was they were selling these disks to
assist Drug Free Collier, and I couldn't help myself. And I bought one
for each member of the board. And it's Casey's latest album with all
her original words. Every single song is written by her. She
autographed them for you, so when she becomes very famous, you
can sell it on eBay for a lot of money.
So I'm going to go ahead and give each of you this memory of
today for doing such good for this county. And I have one for the
county attorney, because he's going to have to do a lot of work to
make this happen, and I have one for the county manager, because he's
going to have to work hard to make this happen.
MR. OCHS: Thank you, ma'am.
CHAIRWOMAN HILLER: And now that you're completely
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guilt ridden.
COMMISSIONER COYLE: And how much did you pay for
these?
CHAIRWOMAN HILLER: Oh, nominal value. But if you feel
compelled, you're welcome to make a charitable contribution to any
one of these financial organizations.
COMMISSIONER COYLE: Okay. Who wants it?
CHAIRWOMAN HILLER: And feel free to add as many zeros
to that donation as you'd like.
COMMISSIONER HENNING: Madam Chair, exactly what I'm
going to do, I'll make a contribution to Drug Free Collier, and -- so
we're just keeping in the theme of today's present ordinance --
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: -- which we'll hear later on.
CHAIRWOMAN HILLER: Absolutely. I thank you for doing
that. And like I said, anyone who wants to make any donation to any
of these wonderful organizations or, quite frankly, if you're so
inclined, you can make them to all of them. It's a good thing.
Thank you very much.
MR. OCHS: Thank you.
(Applause.)
COMMISSIONER NANCE: I will say that following up on a
couple of agenda items we've had today, I congratulate the chair for
her innovation in regards to the entertainment component of today's
meeting.
COMMISSIONER FIALA: Yes. It's been a singing meeting. I
love it.
CHAIRWOMAN HILLER: Well, you ever heard of Bollywood,
right? Well, this is -- just call it Collywood.
You know, it's -- if I may say, this is the meeting before Easter.
And we had two options, either something like this or an Easter egg
hunt. And I just couldn't see Coyle crawling around looking for that
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last hidden egg. So, you know, I was just thinking -- I always think
about him, and that was just one more example.
COMMISSIONER FIALA: Well, I wore an Easter color.
CHAIRWOMAN HILLER: But you're always dressed for every
holiday. You're most appropriate. I remember your beautiful
Shamrock and at Christmas in your red, just perfect.
COMMISSIONER FIALA: I do, except I forgot my little egg
earrings.
CHAIRWOMAN HILLER: Oh, well. We can redo the whole
meeting if you'd like.
COMMISSIONER FIALA: I can go home and get them.
CHAIRWOMAN HILLER: Next item?
MR. OCHS: Yes, ma'am.
Item #10F — Motion taken; Discussed again later in the meeting
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT CHAPTER III OF FLORIDA
STATUTE 112 IN WHOLE, AS CURRENTLY APPROVED BY
THE STATE LEGISLATURE AND AS SUCH LAW MAY BE
AMENDED IN THE FUTURE, AS THE COUNTY'S ETHICS
ORDINANCE; AND, THAT ALL ETHICS PROVISIONS IN
EXISTING COUNTY RESOLUTIONS AND ORDINANCES
INCONSISTENT WITH F.S. 112, CHPT. III BE REPEALED AND
REPLACED BY THE PROVISIONS OF F.S. 112, CHPT. III;
FURTHER, THAT THE COUNTY ATTORNEY BE
DESIGNATED THE COUNTY'S CHIEF ETHICS OFFICER
RESPONSIBLE FOR ENSURING THAT THE ETHICS
PROVISIONS ADOPTED BY THE COUNTY ARE RESPECTED,
TO PROVIDE GUIDANCE AND OPINIONS TO THE COUNTY'S
ELECTED OFFICIALS, STAFF, CONTRACT EMPLOYEES,
ADVISORY BOARD MEMBERS AND
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March 26, 2013
CONTRACTORS/VENDORS AS TO WHAT CONSTITUTES
ETHICAL CONDUCT CONSISTENT WITH ADOPTED LAW,
AND TO DEVELOP A CODE OF PRACTICES AND
PROCEDURES SO THAT WHAT CONSTITUTES ETHICAL
CONDUCT IS READILY UNDERSTOOD - I.E. WHAT
CONSTITUTES TIMELY DISCLOSURE OF CONFLICTS. THE
CHIEF ETHICS OFFICER SHALL ALSO OVERSEE
COMPLIANCE WITH THE STATE'S SUNSHINE AND PUBLIC
RECORDS LAWS AS APPLICABLE TO THE COUNTY, AND
ANY OTHER LAWS, BOTH FEDERAL AND STATE, THAT
OBLIGATE THE COUNTY'S ELECTED OFFICIALS, STAFF,
CONTRACT EMPLOYEES, ADVISORY BOARD MEMBERS
AND CONTRACTORS/VENDORS TO CONDUCT
THEMSELVES IN AN HONEST, ETHICAL MANNER - ALL IN
THE PUBLIC'S INTEREST. THAT THE BOARD DIRECT THE
COUNTY ATTORNEY AMEND THE COUNTY'S ETHICS
ORDINANCES AND RESOLUTIONS AS PROVIDED AND
PREPARE A RESOLUTION FOR BOARD APPROVAL
DESIGNATING THE COUNTY ATTORNEY AS THE
COUNTY'S CHIEF ETHICS OFFICER, FOR APPROVAL AT
THE SECOND BOARD MEETING IN APRIL, 2013 - MOTION
TO FOLLOW THE CURRENT GUIDELINES SET BY STATE
LEGISLATURE AND THE COUNTY ATTORNEY AND
COUNTY MANAGER TO WORK TOGETHER TO MODIFY THE
EXISTING ORDINANCE TO INCORPORATE F.S. 112, CHPT. III
EXEMPTING THE BOARD OF COUNTY COMMISSIONERS
AND PROCUREMENT OFFICIALS AND TO BRING BACK
PROPOSED CHANGES FOR FURTHER DISCUSSION AND
SUBSEQUENT APPROVAL BY THE BOARD OF COUNTY
COMMISSIONERS - APPROVED 3/2 (COMMISSIONER FIALA
AND COMMISSIONER COYLE OPPOSED); MOTION
APPROVING THE COUNTY ATTORNEY AS THE CHIEF
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March 26, 2013
ETHICS OFFICER AND TO INCORPORATE IT INTO THE
COUNTY ATTORNEY'S ORDINANCE — APPROVED
MR. OCHS: The next item is Item 10F, and it's a
recommendation that the Board of County Commissioners adopt
Chapter 3 of Florida Statute 112 in whole. It's currently approved by
the state legislature and, as such, law may be amended in the future as
the county's ethics ordinance. And I'll let the chairwoman take it from
there.
CHAIRWOMAN HILLER: Yes. I'm going to go ahead and
continue reading so the public understand what's being proposed, and
then we'll have discussion on this matter.
So continuing where you left off, and that all ethics provisions in
existing county resolutions and ordinances inconsistent with Florida
Statute 112, Chapter 3, be repealed and replaced by the provisions of
Florida Statute 112, Chapter 3.
Further, that the county attorney be designated the county's chief
ethics officer responsible for ensuring that the ethics provisions
adopted by the county are respected, to provide guidance and opinions
to the county's elected officials, staff, contract employees, advisory
board members, and contractors and vendors as to what constitutes
ethical conduct consistent with adopted law, and to develop a code of
practices and procedures so that what constitutes ethical conduct is
readily understood. For example, what constitutes timely disclosure
of conflicts.
The chief ethics officer shall also oversee compliance with state
sunshine and public records laws as applicable to the county and any
other laws, both federal and state, that obligate the county's elected
officials, staff, contract employees, advisory board members, and
contractors and vendors to conduct themselves in an honest, ethical
manner, all in the public's interest;
That the board direct the county attorney amend the county's
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ethics ordinances and resolutions as provided, and prepare a resolution
for board approval designating the county attorney as the county's
chief ethics officer for approval at the second board meeting in April
2013.
The reason I brought this forward is because I have given
considerable thought to the need to develop a clear standard of ethics
for the county, and I emphasize the word "clear."
As you all know, I am very passionate about law and order in
government. I am very concerned about public corruption in
government at all levels of government, local, state, and federal.
One thing is very clear to me. Confucius has a statement which,
in a manner, could be applied to this. There are no degrees of honesty.
Either you're honest or you're dishonest. Similarly, there really isn't
much ambiguity as to what is considered ethical versus unethical
conduct. And it makes no sense that, for example, if the county
manager were to buy Mike Sheffield a cheeseburger, that could be
construed, under our existing laws, as not only unethical, but
downright criminal.
In fact, if the county manager were to buy Mike Sheffield a
cheeseburger, he would end up in jail for 60 days. Now, clearly, that
makes no sense.
In fact, right now, under the current law, our court reporter who
treats us to brownies and cakes and cookies ought to be arrested.
Sheriff, arrest her. We have evidence in the kitchen. That is how
ridiculous it is.
Public corruption in Florida is of the following nature: Federal,
federal crimes. They're major crimes. The crimes will not be averted
by having an ordinance which actually serves to do nothing more than
to trip people who had no intention of committing a criminal act. If a
secretary goes out with a developer, she's in jail.
If the county attorney -- give me an example, County Attorney.
MR. KLATZKOW: I do nothing wrong, so we're okay.
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CHAIRWOMAN HILLER: There you go. Good answer, good
answer. I like it.
The bottom line is, we have to have laws that are consistent, that
are reasonable, and are intended to do what we want to see avoided,
and that is public corruption.
Florida Statute provides that we cannot be bribed, we cannot take
kickbacks, we cannot solicit bribes, we cannot solicit kickbacks, and it
goes on and on.
There is no local ordinance that we can adopt that is going to
change the legal requirement that prohibits us from engaging in these
kind of illegal acts.
The reason I recommend that we adopt and follow Florida Statute
112 and Chapter 3, as I've described, is eliminate the ambiguity of
what is and is not permitted by law. The statute, as written, provides
for what is deemed to be ethical behavior at the state level and for all
counties.
There are no degree of ethics. If a state legislator can do it and it
is considered ethical, it is ethical for us. If another county can do it
and it is considered ethical, it is considered ethical for us. We are no
more ethical than they are. We are not better than them, and we are
not worse than them.
So, simply put, by respecting what the state has provided as the
standard, we have a clear body of law to follow that has been litigated.
There is precedent. We also have a state ethics commission.
Currently this law is being very closely examined to determine
what we can do to make it stronger and, as such, I recommend that this
law be adopted and that we respect it as amended. And that's what
we're bound by, pure and simple.
We will have guidance, and that guidance will come to us by way
of the county attorney acting as the county's chief ethics officer. The
fact that we have not had an ethics officer in this county is a problem.
It's long overdue. And, in fact, one of the recommendations of the
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different organizations that are promoting ethics in government
recommends that organizations like ours, governments like ours, have
an ethics officer.
The county attorney will not be there to arrest or enforce but
rather to provide opinion and counsel in a formal manner. So if
someone has a question about a conflict of interest, they can consult
with the county attorney ahead of the event and get a formal opinion.
Alternatively, if they do something and then question whether
what they did was ethical or not and are concerned and want to figure
out what corrective action might be, they can go to the county attorney
to find out how to reverse and remediate.
So the bottom line is, the intent is not to create a forum to allow
for corruption, because that can't happen. It's against the law. And
there is no county ordinance, no matter how strict, that will prevent
that.
If $25 is going to cause a county commissioner to change their
vote, we have far bigger problems than we know. And, by the way,
just so everyone understands, the law provides that if, for example,
you go for lunch, you can accept up to $25. Over $25, there has to be
full disclosure, full reporting up to 100, and then nothing above 100.
So there is no way that any county commissioner could collect
hundred dollar bills and put it in their refrigerator and wait for the FBI
to knock on their door, because they would have to report it. They
would have to state who the money came from and what the purpose
was, and it would be fully transparent for the public to see.
And, again, under no circumstances can anything be given to any
elected official or any procurement officer with the intent to bribe
them for their vote or in the way of a kickback or anything along those
lines because that is prohibited by law.
And so, with that, what I introduced this discussion with I ask to
be considered as the motion.
And, by the way, County Manager, if you want, if you want to
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impose a standard through your CMAs on county staff as to, you
know, how much they can or can't spend, like if you'd like to limit it
to, you know, $15 as part of your CMA or, you know, follow, you can
do that.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: That's up to you, and that really
should be at your discretion, because you can use the best judgment --
MR. OCHS: Understood.
CHAIRWOMAN HILLER: -- to do so.
COMMISSIONER FIALA: Commissioner Henning was first.
CHAIRWOMAN HILLER: Okay. Commissioner Henning.
COMMISSIONER HENNING: Yeah, thank you. The way I
understand our present ethics law is the county manager can buy that
hamburger for Mike Sheffield; however, Mike Sheffield cannot
reciprocate.
CHAIRWOMAN HILLER: No, no.
COMMISSIONER HENNING: No? That isn't your
understanding?
CHAIRWOMAN HILLER: No. County Manager, if you buy
Mike a hamburger. Mike, if you buy Leo a hamburger, you're in jail,
okay.
COMMISSIONER FIALA: Where does it say that?
CHAIRWOMAN HILLER: County Attorney? It's in the ethics
ordinance. I have it right here. You want it?
MR. KLATZKOW: I will tell you that one of the problems that
my office, David Weigel before me, Mike Pettit, always struggled
with was the lack of clarity in your ordinance.
In our opinions, consistently, since this ordinance has passed is,
don't take or give anything to anybody for any reason because we can't
-- we can't give you certainty on this one. That's your ordinance.
So in my office, there is no gift giving, either up, down, one way
or the other, because we just want to avoid it, which becomes a
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problem at Christmas, by the way, because that's really not human
nature. But that's the rule in our office. Nobody gives anything to
anybody.
You've got provisions of nominal. I don't know what nominal
means. Is it a dollar? Is it $5? Is it $20? So --
CHAIRWOMAN HILLER: And how do you define influence or
attempt to influence?
COMMISSIONER HENNING: Well, anyways, I thought we
had this discussion. The problem is, is the county manager and our
employees, if they're out on the job, they can't even receive a Coke or,
you know, a water or something like that; however, history tends to
linger, and the whole thing with the Stadium Naples, I think, is still in
minds of others.
What I would propose, Commissioner, is that we implement
these standards, the Florida standards, into the ordinance like you're
proposing and have an ethics officer like you're proposing, however,
hold ourselves to a higher standard. Some of the things in here, you
can't accept a loan for -- except for fair market rate and stuff like that,
let's keep that in there so we're not sending the wrong message to the
public. And I know that's not your intent. You still want to have
ethics, and it provides it in the Florida Statutes.
But we don't -- we don't have to tell our residents -- and, in fact,
I've heard from a lot of them -- what do you mean I can't give an
employee, one of your employees, a bottle of water. That's nonsense.
And, you know, quite frankly, I agree, and I support your efforts.
CHAIRWOMAN HILLER: Thank you. Thanks.
COMMISSIONER FIALA: I think it was Commissioner Coyle
next, then me, then Nance.
CHAIRWOMAN HILLER: Sure. Commissioner Coyle.
COMMISSIONER COYLE: Yeah, I -- there's a lot we can
debate about what our ordinance does or does not do, but we've had
this ordinance for many years, and it hasn't caused us any trouble.
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But the most important issue in my mind is that the state
legislators have already recognized that their statute is inadequate and
they have promised to bring it up in this legislative session and
hopefully do something that is a lot better.
There are many, many holes in the state statute. It is not at all
clear. In fact, it is more unclear than our county ordinance. So
without getting involved in a debate about what is or is not provided
by our ordinance, then what I would suggest is we let the legislature
try to clean up their ethics ordinance that they don't like and get it
better, and then once they do, let's consider the motion.
But until that point in time, don't throw the ethics guidelines,
which have proven to be very effective, for Collier County, out the
window. They are -- it is very clear to almost all of us that we have a
no-gift policy. And I don't want us to get in the mode of saying, okay,
if it's less than $100, I can accept it.
I can accept honoraria under the state statute, and there is no limit
on what can be paid there. I report it, of course, but under the
definitions, the state says honoraria is not a gift.
So you can't -- you can't have an inadequate state law providing
us ethics guidance at the local level; furthermore, the state law does
not prohibit specified employees and commissioners, elected officials,
from leaving office and going immediately into a lobbying position.
Our local ordinance prohibits that sort of thing and provides a
two-year waiting period.
So -- and the state ordinance clearly says that there's -- their
prohibition applies only to state employees and elected officials, and
they give us, local governments, the authority to write local laws that
are more stringent.
So -- but let's deal with one thing. Is now the time to do this?
Why not wait until the legislature cleans up the ethics ordinance that
they have before we start adopting what they have now?
CHAIRWOMAN HILLER: Commissioner Fiala.
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COMMISSIONER FIALA: Yes, thank you. Interesting, because
I was going to say just about the same thing. I feel that I would like to
see what they even have to offer. I've been very comfortable with our
ethics ordinance because it just says, period, you don't accept
anything. And that's been great, because every once in a while you go
to lunch with somebody -- somebody -- this happened to me a few
times where somebody will call, they want to talk about an issue that
concerns them, and they'll ask you to meet them at so-and-so country
club, but then that country club doesn't take any money from the
people. And they say, well, this is on me. Well, my aide always tells
them, commissioner pays for her own lunch.
Oh, and then I actually had a couple guys, very smugly, say,
well, you can't pay me because we don't accept money here. So I said,
then I'll give a donation to my Kiwanis club in your name. Okay, you
just do that, honey. So, of course, I have them send them a letter
saying, we've just received, in your name, a donation from
Commissioner Fiala for the lunch that you provided.
So there are ways to cover it just to make sure, because I think,
all in all, when we first started this, indeed, very strict ordinance, we
wanted to make sure that the public knew that we wanted to stand
above and beyond anybody else in our ethics.
It's true that we -- before we took office, and I talk about
Commissioner Henning, Commissioner Coyle, and myself -- things
weren't quite so smooth, and we wanted to straighten that out, and we
wanted to -- we wanted to earn the respect of our citizens, and that's
why we enacted such a strict ordinance.
Now, I can see adjusting it at some point in time, but I think we
should wait until the state comes up with theirs. It's not going to be
very much longer; only a couple more months. I think it's admirable
that you want to address this, Commissioner Hiller. At the same time,
I think that we should wait maybe just a little bit longer because
certainly everything can be modified or changed.
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And I don't think -- I think it's putting Jeff Klatzkow, our county
attorney, in an uncomfortable position. He's a contract employee, and
yet he -- the ethics violations would be on us, and how can he do
anything in that? I think he should assign somebody to that rather
than assume that responsibility himself if, indeed, we need an ethics
officer.
Thank you.
CHAIRWOMAN HILLER: If I may comment on a couple of
things you said, Commissioner Fiala. The county -- the chief ethics
officer gives opinions and, you know, contract employee or not, the
county attorney has a duty to provide the correct legal opinion
whether it's with respect to a board decision or vote or an ethics
opinion. I mean, his position -- his obligation remains consistent.
So there are no politics involved in providing an ethics opinion.
He wouldn't be compromised by being a contract employee when he
states his position, which would be provided by law.
More importantly is that if he feels uncomfortable about giving
an opinion, all he has to do under the circumstances as described
would be to go to the state ethics commission, describe the situation,
and get an opinion from them and bring that back to whoever is
presenting the question.
Now, with respect to making a statement to the community about
being, you know, above and beyond reproach ethically, the board,
historically, over the past years, notwithstanding they took this very
draconian position on a de minimis amount of $25, for example,
fought the Clerk of Courts to do everything in their power to prevent
the clerk from being able to audit the transactions of the board to
determine the legality of those expenditures to protect the public
against fraud. The board consistently fought against a procurement
ordinance which the integrity, you know, ethics in government
organizations say is essential.
COMMISSIONER FIALA: Are we going to just address this?
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CHAIRWOMAN HILLER: Yeah, that's all part and parcel.
So it's really important that now that we're moving in the
direction of doing the right thing that we don't have a law that is so
draconian that it intends to trip otherwise innocent acts because, again,
bribery is not going to come out of a cheeseburger. But, for example,
if a commissioner's kid gets a $100,000 job from the chairman of a
board of an organization because that chairman happens to sit on the
board of a developer that's looking to curry favor with the board and
that kid isn't qualified to get $100,000, that's a big deal, okay.
COMMISSIONER FIALA: Would you address the --
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER FIALA: -- thought of waiting till the state
comes up with theirs?
CHAIRWOMAN HILLER: No. I think we need to proceed
now, because I think our staff is being unfairly treated. I think that the
standard is unreasonable and doesn't address public corruption, which
does have to be addressed at the level where there is a concern, and
that is with respect to bribery, kickbacks, and so forth.
And that happens in, you know, the zoning arena and the
procurement arena. So, you know, we need to address the issues
where they exist and not create situations where people, you know,
look to trip other people up or, you know -- like I said, our poor court
reporter, right now she's in violation of the law. And if you ate one of
her brownies, both of you are in orange jumpsuits for 60 days.
I'm sorry. I love your brownies.
Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, let me address
what's happening in Tallahassee. I looked it up. The Senate is
moving on a bill of ethics, but the house has three bills, and it has
gone nowhere, no votes, as of present. So here we are at the end of
March. We only have one month, approximately one month, and none
of those bills have moved forward. So to wait for Tallahassee to do
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something, don't hold your breath.
I'm going to make a motion to direct staff to include the state
statutes on ethics as it applies to county staff, but let's keep, again, the
Board of Commissioners at a higher level of the ethics and keep those
provisions intact.
CHAIRWOMAN HILLER: That's fine.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I support the intent of the
chair to remove de minimis violations from our ethics ordinance, and
I'll tell you why. You know, when I travel around my community
during the holidays -- I have people that have sent me calendars in the
mail every year for 30 years since I've lived in the county. I have
people send me fruitcakes. I've got people that send me small gifts in
the mail.
I've gone to public barbecues where I've attended at my own
expense and had people come up to me and offer me a Coke that I've
had to turn down or offer me a bottle of hot sauce that they made or
offer my wife, Gayle, a bouquet of flowers or something that they
grew in their garden, and to turn these people down is ridiculous. It's
rude. It actually puts me in a very uncomfortable position because I
can see the look in their face.
And I don't think we should support an ethics ordinance that
allows for frivolous de minimus and -- complaints to be lodged against
people where everybody's walking around on eggshells because we
can't do just things that have to do with being a common, courteous
human being.
So I support going with the state standard. I believe if there are
things about it and particular issues that a commissioner finds
objectionable -- if Commissioner Coyle finds honoraria objectionable
and we can decide to do that, I believe we should go through it and
work through it.
So, you know, I will support Commissioner Henning's motion
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with the hope that we can come back and tweak it if there are some
things. But let's -- sure, let's get rid of these de minimis violations that
put us all in an uncomfortable position and just cause us to be liable
for nonsense when it has nothing to do with ethics as a concept
between us. I think we have to do something. I support going
forward.
CHAIRWOMAN HILLER: So, Commissioner Henning, I just
want to make sure I understand your motion. Are you saying we
should -- like, for example, if I -- I'm just curious. If I go out with
somebody who works with county government to Dunkin Donuts for
coffee and I order a medium decaf skinny latte --
COMMISSIONER HENNING: Why a medium?
COMMISSIONER COYLE: That wouldn't be very good.
CHAIRWOMAN HILLER: You know, I've got to -- okay, I
confess, I confess. I usually don't order medium. I was moving to
medium because I was thinking of that, you know --
COMMISSIONER NANCE: You're trying to give the public a
sense of frugality on your part that is not accurate.
CHAIRWOMAN HILLER: I was actually trying to address this
issue of nominal, because I thought maybe if I ordered a grande as
opposed to a -- what do you call a small one?
COMMISSIONER FIALA: Small.
CHAIRWOMAN HILLER: A tall, or maybe that's Starbucks. If
I order a tall instead of a grande or maybe a venti as opposed to a tall,
I mean, where do we move from nominal to, well, we're moving into
the realm of, potentially, that could be a bribe?
And so my question is, how can I accept that coffee? I can't.
And if I can't, how ridiculous is that?
COMMISSIONER HENNING: Well, you know, you're right.
I'm going to amendment -- amend that. When it applies to
commissioners and county staff, it doesn't -- it's not applicable. And I
like your comment, you know, let's bring an ordinance back and let's
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look at it and see if it really makes sense.
But, you know, if a county employee can -- if you can buy a gift
to a county employee and they can't reciprocate, that just doesn't make
sense. The whole idea is not to try to influence you of rezones or --
CHAIRWOMAN HILLER: Exactly. So --
COMMISSIONER HENNING: -- other decisions.
CHAIRWOMAN HILLER: So why not -- why not -- if we're
going to -- let's say if we want to go to a higher standard, if you want
to take that approach with respect to the commission, do what the state
statute provides. If you want zero tolerance for commissioners with
respect to gifts, limit it to lobbyists and limit it to anyone, you know --
like exactly the wording in the state statute, you know, PAX
(phonetic), what was the other thing? Principals of lobbyists, so forth.
You know, the same -- in other words -- and that would apply to
procurement officers also because, again, the risk is in the zoning
decisions and procurement decisions.
So this applies to not only the Board of Commissioners but
anyone involved in procurement in the county that we basically don't
-- instead of the $25 threshold, which is what the state provides, that if
you want a zero threshold with respect to those individuals, but if
you're going out with someone who is not before you on a zoning
matter or is not before you on a procurement matter --
COMMISSIONER HENNING: What does it matter?
CHAIRWOMAN HILLER: Well, the law right now provides
you can't, because everybody in the county has some reason to speak
with me to influence me. But it could be on a non-procurement matter.
It could be, for example, on the grants program here. If Dave
Schimmel bought me a cup of coffee under our current ordinance,
again, we would both be criminals.
COMMISSIONER HENNING: Well, Dave Schimmel probably
is a lobbyist, but --
CHAIRWOMAN HILLER: You're right. He is a lobbyist, so
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that's a bad example.
COMMISSIONER HENNING: But my comment is, you know,
if they're not a lobbyist, they're not trying to influence you. There's no
perception of influence and, therefore, there shouldn't be. So I agree
with that.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: However, we need to bring
through the strikethrough so we really understand what we're striking
and what we should be keeping in.
CHAIRWOMAN HILLER: Right.
And, County Attorney, do you understand our discussion to be
able to draft something to bring it back to us to address, you know, the
board and procurement officials as the state does but, you know, put
that at zero leaving -- you know, leaving out the other individuals and
leaving out the other staff?
MR. KLATZKOW: Anyone doing business with the county,
whether they're a lobbyist or vendor in any other capacity, no gift.
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: If you don't fall within those particular
classes, then you're outside the ordinance.
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: That's with respect to the five of you, and I
would recommend for public officials like Leo and myself.
CHAIRWOMAN HILLER: And procurement officers of the
county.
MR. KLATZKOW: And procurement officers.
CHAIRWOMAN HILLER: Anyone involved in procurement in
the county.
MR. KLATZKOW: Now, let's drop it a level.
COMMISSIONER HENNING: And Nick Casalanguida.
CHAIRWOMAN HILLER: And Nick Casalanguida. That was
funny. I'm sorry.
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March 26, 2013
MR. KLATZKOW: We can keep it at the administrative level.
But for the rank-and-file employee who really has no influence
whatsoever --
CHAIRWOMAN HILLER: Right. No decision-making power
whatsoever.
MR. KLATZKOW: Okay. Now, there is a prohibition to state
that a public employee cannot take anything to influence what they're
going to do.
CHAIRWOMAN HILLER: Of course.
MR. KLATZKOW: Okay. But outside of that, then we carve
them out of the ordinance.
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: Do I have three --
CHAIRWOMAN HILLER: Does that make sense?
MR. KLATZKOW: Is that a consensus?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Yeah, I think that makes sense.
COMMISSIONER HENNING: That does make sense.
CHAIRWOMAN HILLER: So that means I can go have that --
MR. KLATZKOW: Depends with whom.
CHAIRWOMAN HILLER: -- tall latte. Well, we're not going to
go there.
COMMISSIONER HENNING: Next item?
CHAIRWOMAN HILLER: Rhetorical question.
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: All right. Yeah, I think that makes
sense.
Leo, does that make sense to you?
MR. OCHS: I understand the intent of the majority, and I think I
can work with Jeff to bring back an ordinance that --
CHAIRWOMAN HILLER: Can you guys work together and do
something so that it's reasonable, I mean, you know, with the intent to
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do the right thing?
MR. KLATZKOW: Yeah. We'll come back with a
strikethrough outline -- strikethrough underline version.
Now, I take it you don't want any changes to your lobbyist
provisions?
CHAIRWOMAN HILLER: No, we're not addressing -- no. The
lobbyist provisions mirror the state statute, but they're not all
inclusive.
MR. KLATZKOW: That's fine.
CHAIRWOMAN HILLER: And, really, we should -- and I
actually do want to address the lobbyist provisions like, for example,
contingency fees should be prohibited. That was what led to the
Mozzolati (phonetic) corruption case in Palm Beach County.
MR. KLATZKOW: But that's state law, though.
CHAIRWOMAN HILLER: Right. But we can apply that
locally. So I mean, examples like that, but we can address that at
another time. That's not part of this discussion.
MR. KLATZKOW: And the provision on honoraria, that stays
the same as well.
CHAIRWOMAN HILLER: Can you explain the honoraria. I
wasn't --
MR. KLATZKOW: I'll give you a perfect example. A couple
years ago Barry Axelrod had the opportunity to present before a
professional group.
CHAIRWOMAN HILLER: Who is Barry Axelrod?
MR. OCHS: He was our former information technology director.
MR. KLATZKOW: He was the former IT director.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: And he came to our office and he said, they
would like me to present.
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: And they're willing to pay my flight out
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there and my hotel --
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: -- so I can do the presentation, and our
office said, you can't take that.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Okay. Because that would be in violation
of your ordinance.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: So the honoraria would be like somebody
asked you to speak, you can't take anything more than nominal value.
So you can take a small pen, I suppose, you know, that has thank you,
Commissioner Hiller on it. But a crystal glass, I mean, no, you
couldn't take that.
CHAIRWOMAN HILLER: Is there a threshold? Is there a
dollar amount, or is it just defined as --
MR. KLATZKOW: Nominal. We define it as nominal.
CHAIRWOMAN HILLER: Nominal, okay.
MR. OCHS: Well, nominal is defined as $50 or less in your
policy in terms of gifts, and in your ordinance, I believe.
CHAIRWOMAN HILLER: Oh, really?
MR. OCHS: Well, as I read it, unless I'm mistaken, Jeff. I know
it is in your CMA.
CHAIRWOMAN HILLER: I never saw that anywhere.
MR. KLATZKOW: That's your CMA. But we can come back.
I would suggest --
CHAIRWOMAN HILLER: Yeah. Let me make a suggestion
that you guys work it out, figure out what's reasonable, and come up
with a proposal on the honoraria also. I mean, you can look to what
other counties are doing. You can look to case law as to, you know,
how that all works, and then, the two of you working together, come
back with a proposal and present it to us.
I mean, you've received the guidelines. You understand what the
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objective is. I mean, the objective is not to trip people. I mean,
clearly also not to allow for a situation that would rise to the level of
encouraging, you know, bribery or, you know, kickbacks or anything
along those lines, which is prohibited by law both at the state and
federal level.
MR. KLATZKOW: Will do.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I just want to make sure I
understand what we're doing here.
So you're not going to throw out the county's ethics ordinance at
this time. The motion is to take a look at the ethics ordinance, see if
there are things that we would like to retain and incorporate that into
another ethics ordinance that also incorporates the Florida Statute; is
that what we're saying?
CHAIRWOMAN HILLER: No. What we're saying is is that the
county attorney and the county manager will work together to modify
the existing ethics ordinance as was discussed here before the board
with, you know, the inclusion of Florida Statute 112, Chapter 3,
except for the modification as we discussed applying to members of
the board and county procurement officials and then bring that back to
the board for discussion and approval.
COMMISSIONER COYLE: So we'll still have a county
ordinance?
CHAIRWOMAN HILLER: Oh, yes, absolutely.
COMMISSIONER COYLE: A county ethics ordinance?
CHAIRWOMAN HILLER: Uh-huh.
COMMISSIONER COYLE: Okay. I guess I'll have to wait and
see what happens.
CHAIRWOMAN HILLER: Right. And just to summarize is, for
example, there would be no gifts -- there would be zero tolerance for
gifts from lobbyists or principals of lobbyists, you know, people
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petitioning the board on a zoning matter, similar to what the state
provides, and that would apply -- but instead of a $25 threshold as the
state provides, we would remain at zero for that class of petitioners,
but we would then be able to -- if, you know, you're not dealing with
someone in that class, be able to have a cup of coffee and, you know,
they would be able to pay and you would be able to pay, and neither
one of you would be engaged in a criminal act at the county level as a
consequence.
COMMISSIONER NANCE: Is that your motion?
COMMISSIONER FIALA: But we're not waiting to hear what
the state does?
CHAIRWOMAN HILLER: No. We're incorporating 112, and
as amended by the state. Whatever the state does, we follow. We're
required to follow the state no matter what.
COMMISSIONER HENNING: Right.
COMMISSIONER FIALA: So -- excuse me, then. Let me just
ask one more question.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER FIALA: If we're required to go by what the
state says but now that's going to become our ordinance --
CHAIRWOMAN HILLER: Uh-huh.
COMMISSIONER FIALA: -- the state ordinance, and they
change it but we're not comfortable with what they change --
CHAIRWOMAN HILLER: We have to accept what they
provide. We don't have any choice but to accept it.
COMMISSIONER FIALA: So even if we feel that that's too
loosely written --
CHAIRWOMAN HILLER: We can become -- we can always be
more restrictive, which we are -- we are being more restrictive as it
relates to elected officials, the county manager, the county attorney,
and procurement staff.
COMMISSIONER FIALA: You see, I agree with some of what
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you've said, especially about staff because, you know, for them not to
even be able to take a bottle of water when they're going out and doing
something, I understand that, but --
CHAIRWOMAN HILLER: You won't be able to take a bottle of
water from a lobbyist, but you will be --
COMMISSIONER FIALA: But we never did anyway, so, I
mean --
CHAIRWOMAN HILLER: I understand. But now if you're --
that gentleman sitting right over there, right in the audience in the
second row there who's on one of your advisory boards, that
handsome guy who's holding his hand like that. Oh, now we see his
face. You see that smiling, handsome face. If he wants to go out and
have a meeting with you, okay, because he's not a lobbyist, okay, and
because he is not here trying to sell services or products to the county,
he can buy you a cup of coffee without both of you going to jail.
COMMISSIONER FIALA: Yeah. Well, we're not going to go
to jail now for a cup of coffee anyway.
CHAIRWOMAN HILLER: Yeah, you will.
COMMISSIONER FIALA: But -- well, I don't think so.
CHAIRWOMAN HILLER: Depending -- well, yeah, because
we could have an argument on the price. I mean, if it's under $4,
maybe you wouldn't.
COMMISSIONER FIALA: Right.
CHAIRWOMAN HILLER: Because in the opinion some would
consider that nominal.
COMMISSIONER FIALA: But anyway, let's not get a little silly
about it.
CHAIRWOMAN HILLER: You could. No, that's the law. But
it's the law. The law is silly.
COMMISSIONER FIALA: I'm just concerned -- I agree with
some of this, but then if the state law comes out and the state law is
even looser -- more loosely written than it is now, I don't feel
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comfortable about that. I really like these restrictions in place.
So right now, as long as you say that's going to take precedence, I
have a problem voting for this, I'm sorry.
CHAIRWOMAN HILLER: The state law is going to be stricter
than it is now, because it is the --
COMMISSIONER FIALA: How do you know?
CHAIRWOMAN HILLER: That's the intent. I mean, that's --
everything that's being proposed, if it gets passed, is intended to be
more restrictive. Not necessarily with respect to this, but generally.
The objective is to reduce these federal public corruption
convictions, okay. Federal public corruption convictions, not -- the
intent is not to reduce misdemeanor arrests related to the purchase and
consumption of a cheeseburger at Five Guys.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I was just wanting to confirm
that that was going to be Commissioner Henning's motion. Certainly,
if we bring it back and we go through the document that the county
attorney's going to bring forward, I would look forward to the
opportunity to hear everyone's feedback about what elements of it
they're uncomfortable with and willing to support whatever their
concerns are as long as we can get rid of all this de minimis stuff that's
causing everybody just a lot of inconvenience and embarrassment.
So I understand Commissioner Coyle's concern, and I would look
forward to his review of what comes back to us.
COMMISSIONER HENNING: Well, it is my motion.
COMMISSIONER NANCE: Then I will second it, sir, and let's
go forward.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor.
Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
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CHAIRWOMAN HILLER: Motion carries -- Commissioner
Fiala?
COMMISSIONER FIALA: Nope.
CHAIRWOMAN HILLER: Okay. Commissioner Coyle?
COMMISSIONER COYLE: (Shakes head.)
CHAIRWOMAN HILLER: 3-2 with Commissioner Fiala and
Coyle dissenting.
Thank you.
COMMISSIONER HENNING: Lunch?
CHAIRWOMAN HILLER: We will now adjourn for lunch. We
have a 1:15 -- oh, no. We no longer have a 1:15.
MR. OCHS: We took care of that, ma'am.
CHAIRWOMAN HILLER: Right, wow. We're good. So we no
longer have a 1:15 time-certain.
MR. OCHS: You still have -- forgive my interruption, but you
normally take your public hearing items at 1 p.m., and your hearing
examiner ordinance has moved under public hearing.
CHAIRWOMAN HILLER: So what we'll do is we'll indulge
everyone with an extra five minutes, and we'll be back at 12:06 (sic).
COMMISSIONER FIALA: Good, good, good.
COMMISSIONER NANCE: 1:06.
CHAIRWOMAN HILLER: I'm sorry, 1:06.
COMMISSIONER COYLE: I would like to announce that I'm
going to violate the law now and go back and have a brownie.
(A luncheon recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRWOMAN HILLER: Thank you.
County Manager, will you take us to the next item?
MR. OCHS: Yes, Madam Chair.
Item #9B
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ORDINANCE 2013-25: RECOMMENDATION TO ADOPT AN
ORDINANCE THAT WILL ESTABLISH THE POSITION OF
COLLIER COUNTY HEARING EXAMINER - MOTION
APPROVE THE ORDINANCE AS PRESENTED AND THE
COUNTY MANAGER TO WORK WITH THE COUNTY
ATTORNEY TO BRING BACK THE POSITION
CLASSIFICATION AT THE APRIL 9, 2013 BCC MEETING FOR
APPROVAL AND TO ADVERTISE THE RFP FOR THE
HEARING OFFICER POSITION — ADOPTED
MR. OCHS: Your next item is under advertised public hearings.
It's Item 9B. It was formerly Item 17A on your summary agenda. It's
a recommendation to adopt an ordinance that will establish the
position of Collier County hearing examiner, and this item was moved
at Commissioner Coyle's request to the advertised public hearing
agenda.
MR. MILLER: Madam Chair, we do have two public speakers
on this item.
CHAIRWOMAN HILLER: That's great.
Commissioner Coyle, you pulled this. You wanted to speak to
it?
COMMISSIONER COYLE: Yeah. I just wanted some
clarification.
The executive summary says that we should immediately
advertise the position upon board approval of the ordinance also that a
hearing officer is hired and in place by April 15th, 2013.
I'll ask the same question I asked last time. I have seen no salary
range or job description, financial impact of any kind associated with
this, and I was informed last time that you had to create an ordinance
before you could do those things. And I'm wondering if those things
have been done or if there's any intent to do them, or are we really just
going to go advertise this for this position to be filled by April the 15th
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without doing those things?
CHAIRWOMAN HILLER: County Manager -- I mean, County
Attorney. County manager, county attorney. Actually, I'd like to
suggest that we hear from both of you, whichever --
MR. KLATZKOW: Leo, why don't you take the lead on this.
CHAIRWOMAN HILLER: -- would like to speak first.
MR. OCHS: No, Jeff. I insist.
MR. KLATZKOW: Well, Leo's going to be coming back to you.
CHAIRWOMAN HILLER: Well, let me just say this. When I
drafted the executive summary on this item, one of the things that I
did request that staff do is develop a budget for this position and bring
it back to the board for approval and then go out to -- with an
advertisement for the position.
The going out with the solicitation could only happen after the
ordinance was approved. And if the -- if it's the will of the majority of
this board today, that ordinance will be approved.
In the interim, it's my understanding that Leo has been
researching salaries and has, I believe, discussed with the county
attorney the job description, if you will, for the hearing officer for
purposes of the advertisement.
So, Leo, would you like to comment on that?
MR. OCHS: Yes. And I'm actually -- I'm glad that this got
moved for discussion because I was going to address the board under
communications just to get some further clarification.
When we talked about this at the last meeting, I raised the
question of whether the board intended this position to be a full-time
employee based on a contractual relationship similar to myself or the
county attorney or if you wanted this to be more like an
independent-contractor relationship like you currently have with your
medical director, for example.
The distinction being in the case of an independent contractor,
you pay an annual contract amount or retainer, if you will, for those
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services. In the case of the medical examiner, for example, you
provide some malpractice insurance, but you do not provide the full
array of fringe benefits that you would normally to a full-time
employee, like health insurance and workers' compensation,
retirement package.
So I would need some clarification. When we talked about this
the last time, Madam Chair, I believe the consensus was to approach
this as an independent-contractor relationship primarily because you
may, in some cases, need more than one hearing officer if one of them
-- if the hearing officer is out of town or is otherwise indisposed and
you want to hear a case, you may need a backup, and it would be
easier to do it as an independent contractor relationship.
But I need some --
CHAIRWOMAN HILLER: Of course.
MR. OCHS: Once I get that affirmed, then I know which path I
take. If it's an independent contractor, then we go out for a solicitation
through an RFP or a letter of interest, and then we will bring those
back to the board for consideration.
If it's going to be a full-time employee that's a contract employee
to the board, then we will use a recruitment process and an applicant
vetting process --
CHAIRWOMAN HILLER: Of course.
MR. OCHS: -- like we do for your full-time contractual
employees. So once I get that clarification, I can move along either
one of those paths.
The other issue that I need some clarification on is the
requirements. The ordinance says that the board will determine the
criteria or requirements. And when we talked about this last time, the
consensus, as I recall, was that we would use the plan commission
ordinance as the guideline of general requirements and qualifications,
if you will, for the job.
So that is the extent of the direction --
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CHAIRWOMAN HILLER: Sure.
MR. OCHS: -- or lack of direction that I have at this point, and I
would appreciate a little more direction.
CHAIRWOMAN HILLER: No. Your questions are very fair.
Commissioner Henning, do you mind if I just ask the county
attorney to provide his opinion as to which of the two positions would
be preferrable from a legal perspective?
Does it matter at all, Jeff?
MR. KLATZKOW: Doesn't matter. Doesn't matter to me.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: You can go both ways.
CHAIRWOMAN HILLER: Okay, okay.
Then, Commissioner Henning.
COMMISSIONER HENNING: Well, we don't know what the
workload is going to be at this point. That's -- it's a position that needs
to be created. We need to let it run for a while and see how much time
it's going to take. At that time we need to decide whether it's going to
be a contract employee or a full-time employee.
But I think what you would want at this point is a contract
employee until we determine it might be in the best interest of the
county to have it as an --
CHAIRWOMAN HILLER: Independent contractor.
COMMISSIONER HENNING: -- independent contractor to
start out with, and then it may develop into a full-time employee.
CHAIRWOMAN HILLER: So --
COMMISSIONER HENNING: It might be -- I mean, what I
understand is the things that the hearing officer is going to be taking
care of is a lot of these setback issues to be more efficient for the
constituents in Collier County and conditional uses and, furthermore,
I'm understanding that there's a possibility that staff will be using the
hearing officer for determinations or interpretations of our laws,
land-use laws, and we might find something that the hearing officer
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can do above and beyond what I just stated. So --
CHAIRWOMAN HILLER: I think what you're saying makes a
lot of sense, and that is because this is a new position, it's very
difficult to determine with certainty which way we should go as of
right now. So we should make a decision with the understanding that
it is subject to change once we see, you know, what volume of work is
presented to the hearing officer and what nature of work is presented
to the hearing officer.
COMMISSIONER HENNING: Right.
CHAIRWOMAN HILLER: So what we need to do is basically
come up with a threshold proposal so that the county manager can
move forward with whatever the appropriate solicitation is and allow a
candidate to be selected, fill the position, and then review it, for
example, in six months' time.
So, Commissioner Henning, do you have a proposal for what you
would like to see as the opening offer and opening job description, if
you will, under the circumstances?
COMMISSIONER HENNING: That needs to be -- in my
opinion, that needs to be set by HR staff and Nick Casalanguida,
county attorney --
CHAIRWOMAN HILLER: That's a good idea.
COMMISSIONER HENNING: -- county manager. I'm sure
they have some ideas with that.
So with that said, I think, in my opinion, a contract employee to
start out with is the way to go.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Now, by contract -- the ordinance
anticipates you'll be using a contract employee. I think what Leo was
getting at is you've got two types of contract employees.
MR. OCHS: Right.
MR. KLATZKOW: You've got the kind like Leo and I where we
get full county benefits. Then you get others like Brenda has and Dr.
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Tober has where it's more -- Brenda's a per diem and Dr. Tober a
straight --
MR. OCHS: Retainer.
MR. KLATZKOW: -- retainer, for lack of a better word. So I
guess one of the things we need to know is, is this position going to
get county benefits or is it just more of a retainer position?
MR. OCHS: Because if it gets county benefits, Commissioners,
then I would take an approach more like a recruitment of applicants as
opposed to an RFP process where we have a 30-day advertising for
proposals that would then, you know, be solicited and brought back
and evaluated.
CHAIRWOMAN HILLER: And it doesn't really make any
sense to have proposals, because there are no proposals. We're
looking for the qualifications of the individual, because the job
description will already be set. So they basically merely have to put
forth -- you know, we have the qualifications, we can do what you're
asking, as opposed to, here's our plan of, you know, what we can do or
how we can get it done. So, in that case, the former makes more
sense.
MR. OCHS: Commissioner?
COMMISSIONER HENNING: Yeah, I agree.
CHAIRWOMAN HILLER: Is that acceptable?
MR. OCHS: Yeah, I believe I understand the board's intent.
CHAIRWOMAN HILLER: And HR would develop the salary
range, again, in conjunction with Mr. Casalanguida that is reasonable
commensurate to the level of services being provided.
MR. OCHS: Yes, ma'am. And we will use the Planning
Commission ordinance and the requirements as they're specified in
this ordinance and any survey information that we're able to get from
other counties to formulate a position description that we can use then
for recruitment purposes.
CHAIRWOMAN HILLER: Sure.
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MR. OCHS: And then we'll bring those applicants, all of them,
back to the board. You can shortlist them, or we can try to evaluate
them and bring you a rank list and then you can determine if you want
to interview one or more or what you want to do. It's up to you at that
point.
CHAIRWOMAN HILLER: Well, probably what makes sense is,
depending on the volume of candidates -- you know, if there's a large
volume of candidates, then, you know, present all of them to us but
maybe give us your top 10 or top five, as the case may be, and we'll
have the opportunity to consider everyone and also consider who you
consider is the most qualified.
MR. KLATZKOW: Do you want us to do it like we do the CNA
where you'll get everybody as backup but staff will sort of like give
you a ranking?
CHAIRWOMAN HILLER: Yeah, that's exactly --
MR. OCHS: But I'm not going to solicit it like a CNA contract.
I'm going to do it more like --
CHAIRWOMAN HILLER: No, not at all.
MR. OCHS: -- an application process.
CHAIRWOMAN HILLER: Right, absolutely.
MR. OCHS: You're recruiting for a full-time position.
CHAIRWOMAN HILLER: Right, because that's, in effect, what
they're doing in looking at qualifications.
MR. OCHS: And it will be a contract position to the board.
CHAIRWOMAN HILLER: Right.
COMMISSIONER COYLE: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: I'm not getting a good answer to
my question. If you would let me just amplify on it a little bit.
CHAIRWOMAN HILLER: Of course.
COMMISSIONER COYLE: If you don't know what the
workload is going to be, why would you even approach a salary
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range? Why wouldn't you do it on an hourly basis and then keep track
of hours that are spent on getting this done? And then if it is
appropriate to do so, then convert it to a salary range?
But you don't know how many hearings there are going to be. So
that's my problem. Nobody has thought through this process clearly,
and we're just stumbling from one meeting to another trying to get this
process approved, and we've got to spend a little time dealing with
these questions.
And the other question I have, is there going to be time for us to
-- for you to bring this back to us, the board, so that we can look at
what you're proposing and approve it? I hope you're not just going to
rush out and advertise as soon as you can come up with something.
And if you're going to bring it back to this board, it can't be done
by April the 13th or so. So that's what I'm trying to sort out here. So --
CHAIRWOMAN HILLER: Thank you for raising the questions.
We'll get them all answered at this meeting.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I think, you know, it's going
to be a developmental job. I have absolutely no doubt in my mind that
it's going to be a job that's going to pay us benefits because whatever
is assigned to this person, which have been routine, uncontroversial
things to this board, is being taken care of by this board at a
tremendous cost of staff time and board time.
So, I mean, I don't think you could assign a modest professional
rate of pay for this person with the idea that he is going to address
routine matters or uncontroversial matters and then, in addition to that,
if we're smart we'll utilize that feedback in those examples that he's
going to generate to fix the problems in the Land Development Code
and the Growth Management Plan so we don't continue to have the
same things arise, which we stumble over again.
So, I mean, if we get a person that's got good ability, we're going
to be able to not only take actions on these items at a much lower rate,
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but we're also going to be able to solve some of our problems and
review the rough points of the things that have been missed or are
inefficient items in the Growth Management Plan and the LDC.
So I don't think there's a lot of risk that we're going to be
misspending the taxpayers' money on this thing. I think it's going to
be saving us money from day one.
COMMISSIONER HENNING: And time.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER NANCE: And time. And time is money
here, because you've got staff running around trying to come to -- I
mean, look at this gentleman that was here with the church. We could
have had -- we could have had the hearing examiner work on that, and
he would have provided us clear action; would have saved everybody
time and money.
CHAIRWOMAN HILLER: Absolutely. I'd like to comment on
what you said, Commissioner Nance. You know, I said earlier we're
not sure what the volume of work is. In fact, we do have an idea what
the volume of work is, because Mr. Casalanguida deals with this week
after week after week.
So he can actually develop an estimate of what the volume of
work will be, and the salary will be commensurate with that volume.
If it turns out that the volume is greater because we're placing more
demands, we can adjust the salary accordingly. If it turns out that the
volume is less, we can adjust the salary accordingly.
But from an overall standpoint of getting the biggest bang for the
taxpayers' dollar, certainly going to the salary as opposed to the hourly
does make much more sense and will give the staff the freedom to
work with that hearing officer without worrying about, you know, the
clock running every time they speak, which is always concerning. So
it does make sense.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you very much.
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Do we have -- if we're going to advertise for this, do we have a
legal time frame that we must adhere to to advertise for a position?
MR. OCHS: No, ma'am.
COMMISSIONER FIALA: Okay, good. So we can -- it can
even be in there just two days or something like that? I mean, we
don't have to wait 45 days like when we go out for an RFP?
MR. OCHS: No, you don't, but obviously you want to have a
reasonable recruitment period so you have an opportunity to attract a
reasonable number of qualified candidates.
COMMISSIONER FIALA: Okay, good. And so then -- and
you're probably going to want a little bit of a better description than
what we've been talking about today, but I'm sure you can hone in on
that pretty clearly as you're advertising for it as far as the job
description goes.
But do you think then maybe we ought to just adjust that April
15th date so that we get this done right and it can come back to us and
we can approve things? I think it's good that we're -- that we're trying
to set a date, but that's only two weeks away, and that's a lot of work
to do in two weeks, and it can't -- the ad can't even come back to us
before then.
MR. OCHS: Commissioner, honestly, I don't think two weeks is
sufficient time to go through the entire process of developing the
position description, advertising the position, bringing back and
vetting the candidates through the board, and then the board finally
making a selection. I don't think that's a practical deadline.
CHAIRWOMAN HILLER: What would you prefer, Leo?
MR. OCHS: Well, again, I think back to Commissioner Coyle's
earlier point. If I had my druthers, I would bring you at the next board
meeting an outline of a position classification and a suggested salary
range so all of the board members knows exactly what we're recruiting
for in terms of salary potential and qualifications. It would give the
staff, you know, much better clarity and then to go out and not only
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recruit through certain sources that match up with those qualifications,
but also as we then screen the candidates when they come in and try to
put it in some kind of rank order for the board to consider all the
candidates at that point. It would be helpful.
I guess bottom line, I think all the commissioners want to get this
right, not just fast. We want to do it as quickly as we can but, of
course, you want to get the best candidates for the job as well.
COMMISSIONER FIALA: Right. This is going to be a position
I think we're going to be highly dependent on, and we want to do it
right in the first place and keep that position -- keep that person in that
position.
MR. OCHS: And no one wants this position on board quicker
than I do, trust me, and my staff. So we have no interest in delaying
this, Commissioners. But we do want to make sure that you're getting
what you want. And the best way to do that, in my view, is to bring
that back.
CHAIRWOMAN HILLER: Right. So let's set a timetable.
MR. OCHS: Let me bring you the draft of the position
description and a suggested salary range at your next meeting. If I get
the green light, we'll move that day into recruitment.
CHAIRWOMAN HILLER: And how long will you advertise
for?
MR. OCHS: Well, I would recommend at least three weeks of
advertisement, and then as soon as that deadline is over, we'll quickly
evaluate the candidates and get them to the board at the next meeting
after that recruitment deadline.
CHAIRWOMAN HILLER: That basically -- now you're
pushing it out -- you're pushing it into May?
MR. OCHS: Yeah, it would probably be into May,
Commissioner, by the time we go through the entire process. Again,
we can compress the recruitment window, if you would like. It's the
pleasure of the board.
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COMMISSIONER FIALA: But now this person will be able to
work all summer when we're not in session. They'll be able to handle
all of those small things anyway that normally have to go through us.
This person can be working to keep that stuff cleared up, right?
CHAIRWOMAN HILLER: You're absolutely right,
Commissioner Fiala.
Mr. Casalanguida, could you -- do you mind, Leo, if he gives us
some input since he's going to be using him predominantly?
MR. OCHS: No, ma'am. Yes, I've asked Nick to, you know, call
around, and he's gotten some basic information. I can't tell you that
he's got a full position description made, but he can tell you more.
MR. CASALANGUIDA: For the record, Nick Casalanguida.
The budget is almost as consistent as what was done back in
2004. You're looking at about $200,000 a year between the hearing
examiner and administrative assistant to help the hearing officer.
It's a -- based on what's described in your hearing examiner
ordinance and what you've asked him to do as well as -- the first, I'd
say, three to six months, they're going to be putting everything
together. You're basically hiring someone to work full time to take
what's been codified in the ordinance and then establish the
procedures that go with that, for the first couple months anyway.
That's the benefit, to me, of having that person work full time, because
they're actually setting up the procedures with staff.
And based on what I read in the nuances in the ordinances, you're
going to have, between the board and staff, the ability to ping them on
assistance in many different matters.
So it's -- you're calling it a hearing examiner, but it is a hearing
examiner plus, because a lot of the duties are providing feedback to
the board on certain nuances of applications. Staff would go to them
as an independent and say, I have this problem, what do you
recommend, and getting feedback from them.
I think the way it's been outlined now to say that -- you're going
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to basically say, submit your resume and a letter of interest, and your
qualifications are based on what's in the Planning Commission
ordinance and what's in the hearing examiner ordinance and how do
you fit those abilities.
In my discussions with Leo, this isn't -- this is a hearing examiner
plus, so you're going to have some flexibility to look at those
qualifications and say, employee, XYE (sic) could do that.
But envision it, based on what I'm reading between the tea leaves
in that ordinance and discussions with the individual commissioners,
that you're going to keep this person busy full time doing a lot of work
for the board, is what I'm hearing.
So I think Leo's outline of coming back at the next meeting with
a position classification, advertising it, getting a list together, and then
bringing it back within two to three weeks after that is probably
reasonable.
CHAIRWOMAN HILLER: So why don't we do this -- I mean,
based on what I'm hearing, if you brought the job description and
salary range back next meeting, advertise two weeks, then bring back
the list of candidates the following week, that would take us into --
where are we now? That basically would be the end of April,
meaning you would have someone in place to work for you the
beginning of May. I mean, a month -- I think a month to do this is --
COMMISSIONER NANCE: Assuming we get enough
applicants.
CHAIRWOMAN HILLER: Yes. Well -- but the question is,
you need qualified applicants.
COMMISSIONER NANCE: That's what I'm saying.
CHAIRWOMAN HILLER: But you don't need a whole bunch.
You need qualified applicants.
COMMISSIONER NANCE: We need some.
CHAIRWOMAN HILLER: Yeah. If we get any.
MR. CASALANGUIDA: I think as they come, you're going to
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send these to screen to HR. The first thing they'll do is check their
backgrounds, and they'll provide a review.
CHAIRWOMAN HILLER: Sure.
MR. CASALANGUIDA: So, again, to the county manager's
point, I think the first meeting in May is realistic.
CHAIRWOMAN HILLER: Okay.
MR. CASALANGUIDA: I think the second meeting in April
would be really a stretch.
CHAIRWOMAN HILLER: Okay. So then let's target that the
first meeting in May, the selection will be made by the board.
MR. OCHS: That's good.
MR. CASALANGUIDA: We'll bring you back the list.
MR. OCHS: That's good.
CHAIRWOMAN HILLER: So let's do that. First meeting in
May, the selection -- so basically -- that basically follows suit with my
thinking, which is that you would have a person in place in May to
start working for you, because the hiring would occur as of the
selection by the board at that first meeting in May, so you basically
would have that hearing officer working for you from that date
forward.
MR. CASALANGUIDA: Well, just for clarification, they're
working for the board.
CHAIRWOMAN HILLER: Well, I understand.
MR. CASALANGUIDA: So I think in May you're going to
come back with your chosen candidate, and you'll probably direct staff
to -- or you're going to direct the county attorney to come back with a
contract for you probably in the second meeting in May.
CHAIRWOMAN HILLER: No. The contract needs to be
prepared for that meeting, because that employee who's getting hired
has to know the contract that he's going to be bound to in the meeting
where he accepts the offer. We're not going to go back and forth. I
mean, the contract -- these candidates, when they come before the
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board, have to understand the contract that they're agreeing to.
MR. CASALANGUIDA: So besides the position classification
next meeting, you want almost a draft contract to come with that, too,
then?
CHAIRWOMAN HILLER: Absolutely.
MR. CASALANGUIDA: I understand.
CHAIRWOMAN HILLER: And you know what, thank you for
clarifying that. I didn't state that, but that's --
COMMISSIONER NANCE: They need to know what they're
applying for.
CHAIRWOMAN HILLER: They have to know what they're --
they have to know what agreement they're entering into.
MR. CASALANGUIDA: Okay. So maybe a salary range like
we do with any other --
CHAIRWOMAN HILLER: It's like the whole package. You
know, here's the job description, here's the contract, here's the salary
range.
MR. CASALANGUIDA: Very good.
CHAIRWOMAN HILLER: I mean, it's got to be right up front.
MR. CASALANGUIDA: Okay.
CHAIRWOMAN HILLER: It's not like the CCNA where we're
going to pick you for qualifications and we're going to go negotiate
with you and come up with a contract, no. This is --
MR. CASALANGUIDA: Okay.
CHAIRWOMAN HILLER: -- you know, straight from the
get-go.
MR. OCHS: So if the county attorney and I are bringing a draft
employment contract back with the job description at the next meeting
CHAIRWOMAN HILLER: And the salary range.
MR. OCHS: -- is there any guidance to us on how you would
like that modeled? Does it follow your other contractual-employee
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contracts in basic form?
CHAIRWOMAN HILLER: I would have to defer to the county
attorney.
MR. KLATZKOW: I'll -- you and I more or less have a
standardized agreement that I've been following with the more recent
ones, so I'll use that form.
MR. OCHS: Okay, if that works for the board, that's how we'll
proceed.
CHAIRWOMAN HILLER: Whatever the county attorney
directs.
Commissioner Fiala?
COMMISSIONER FIALA: Well, Commissioner Coyle --
CHAIRWOMAN HILLER: Commissioner Coyle, go ahead.
No, go ahead, Commissioner Coyle.
COMMISSIONER FIALA: When you were talking, then, about
$200,000 and you said for that and the assistant, are we going to be
hiring both at the same time?
MR. CASALANGUIDA: No, I don't think so.
COMMISSIONER FIALA: Okay. Just the one --
MR. CASALANGUIDA: Right.
COMMISSIONER FIALA: -- and then we'll then go on to
consider an assistant if needed at the time, right?
MR. CASALANGUIDA: Right. Because I think everything
that's in a hearing examiner ordinance that's being approved right now
has to be proceduralized. It's -- I've got to -- you've got to take it and
make it functional. So that person would work on that first and then
bring probably an assistant back online afterwards.
CHAIRWOMAN HILLER: That makes sense.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. As you have said in the
past, Commissioner Hiller, that all conflicts of interest and appearance
and, in fact, must be avoided for ethical and legal reasons. I strongly
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support that position.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER COYLE: And I just will make my concern
about ethics known at this point in time so that it's on the record, and
if you choose to do anything about it, you can and, of course, you can
ignore it.
But I think it is a big mistake to allow membership on the CCPC
and -- by the hearing examiner. I think it is impossible for any of us to
predict what possible conflicts of interest might arise from having that
person occupy both of these positions, and I think that it is not a big
issue to separate the two and to require that the hearing officer be
totally separate from the Planning Commission.
So I'd just like to place that on the record for whatever --
CHAIRWOMAN HILLER: Thank you.
County Attorney, can you respond?
MR. KLATZKOW: The ordinance gives the board the discretion
to do what Commissioner Coyle is requesting or to use a planning
commissioner. It's the will of the board.
CHAIRWOMAN HILLER: Let me ask you a question. The
ordinance as currently written provides that the hearing officer will be
dealing with variances and minor conditional-use approvals. None of
the matters that are going before the hearing officer would be going
before the Planning Commission; is that correct?
MR. KLATZKOW: Yes. The hearing examiner cannot hear the
same item as the Planning Commission would.
CHAIRWOMAN HILLER: So where would there be a conflict?
MR. KLATZKOW: Commissioner, I understand Commissioner
Coyle's statement where you want to separate the two functions, but
the reason that I gave the board the opportunity to use members of the
Planning Commission on this is that I don't think you've got a lot of
applicants out there who understand our LDC.
CHAIRWOMAN HILLER: Understood. But, again, is there or
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is there not a conflict?
MR. KLATZKOW: I do not believe there is a legal conflict.
CHAIRWOMAN HILLER: Okay. As the ethics officer for the
county --
MR. KLATZKOW: No, that wasn't voted on.
CHAIRWOMAN HILLER: Oh. And, you know, by the way,
Leo -- Leo --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- we do need to readdress that,
because I did note that we did not vote. Commissioner Henning -- and
I don't mean to interrupt this agenda item with a previous one, but that
is important. We did not address the chief ethics officer component of
the executive summary. We do need to bring that back, and I would
like to ask Commissioner Henning if he would amend his motion to
include that to allow the county attorney to be the chief ethics officer
to provide opinions.
COMMISSIONER HENNING: Yeah, that was a part of my
motion.
CHAIRWOMAN HILLER: Was it?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Okay. I didn't understand that it
was.
COMMISSIONER HENNING: And a part of your second?
CHAIRWOMAN HILLER: Did you?
COMMISSIONER NANCE: Yes.
MR. KLATZKOW: I may have misheard it, Commissioner. I
didn't hear that.
COMMISSIONER NANCE: It was my understanding that that
was intact. That was my second anyway. I don't know -- was that
your motion?
COMMISSIONER HENNING: Yeah, it was part of it.
COMMISSIONER NANCE: It was my understanding.
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CHAIRWOMAN HILLER: Well, what I would like to do, to
make sure there's no ambiguity about that, after we settle this item, I'd
like to go back --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- have that portion of the motion
stated for the record, that portion of the motion seconded and voted on
so there is clarity on that.
COMMISSIONER HENNING: Madam Chair, may I address
conflict of interest?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: Under the law, the conflict of
interest is whether you have a gain, a personal gain or a personal loss.
I mean, that's very clear on that. So anybody would have to abstain
from that of -- any decision-making body would have to abstain from
that.
CHAIRWOMAN HILLER: County Attorney?
MR. KLATZKOW: As I said before, I don't think there's a legal
conflict present there, but it's up to the board whether or not you want
to separate the functions.
CHAIRWOMAN HILLER: Well, the issue is is the -- you know,
I appreciate that the -- you know, the discretion the board has. The
issue that was raised by Commissioner Coyle was that there was a
conflict, and you've clarified for the record that there is no legal
conflict of interest. Thank you.
Commissioner Nance?
COMMISSIONER NANCE: No further comment.
CHAIRWOMAN HILLER: Thank you. We have two public
speakers.
COMMISSIONER COYLE: I had one more comment.
CHAIRWOMAN HILLER: Oh, yes. Go ahead, Commissioner
Coyle.
COMMISSIONER COYLE: Yeah. I'll just make one more
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comment concerning this, and then we'll be finished. No matter what
you start out having the hearing examiner do, you have the authority
to assign the hearing examiner any and all other powers and duties
that have previously been granted to the Planning Commission or the
Board of Zoning Appeals expressly excepting those powers that are
reserved for the Planning Commission as the local planning agency.
I am saying to you that if you expand that responsibility, you
might very well find yourself in a position of placing the hearing
examiner in a conflict of interest if they occupy both positions. And I
will say to you that neither the county attorney nor anybody else in
this room can say that that is impossible and it's not going to happen.
I can think of all sorts of circumstances where a minor deviation
might be granted to a petitioner by the hearing examiner and then later
on the same petitioner comes before the Planning Commission on a
related issue, perhaps even with the same property.
So it is an unnecessary risk of conflict that really is not
necessary. But you do what you want to do, and we'll see what
happens.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance, we have two public speakers. Do you
want to comment before?
COMMISSIONER NANCE: Let's go ahead and hear the public
speakers, and then I'll make my final comment.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your first public speaker is Marjorie
Student-Stirling. She'll be followed by your last speaker on this item,
Nicole Johnson.
MS. STUDENT-STIRLING: Good afternoon, Commissioners,
Madam Chair. Excuse my voice. I have a cold. Margie
Student-Stirling, Habitat for Humanity, attorney volunteer.
I spoke briefly with Mr. Klatzkow this morning about this, but
there were just a couple areas I was interested in clarification in the
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ordinance, particularly Paragraph 6 of Section 5 that talks about
recusal of the hearing examiner. And I presume that the real or
perceived conflict of interest, especially since we just talked about it,
will tie back to voting conflicts of interest under Florida law; however,
great -- a case of great public interest or concern is not defined, and
presumably this may be worked out in a resolution which further
clarifies the duties.
And I also presume that the term "minor conditional use" will be
so clarified. I just wanted to put that on the record.
CHAIRWOMAN HILLER: Absolutely. You are absolutely
correct on all points.
MS. STUDENT-STIRLING: Thank you so much.
CHAIRWOMAN HILLER: And thank you for bringing them
out.
MR. MILLER: Your next and final speaker on this item is
Nicole Johnson.
MS. JOHNSON: Good afternoon. For the record, Nicole
Johnson, here on behalf of the Conservancy of Southwest Florida.
And the Conservancy isn't weighing in on the mechanics of this
position, the salary, type of contract, and that sort of thing, but I do
want to comment on the ordinance itself. The Conservancy is
supportive of the ordinance. One of the reasons why we are, in
contrast to why we weren't years ago when this was brought up, is we
wanted to make sure that this wasn't the very structured almost
courtroom style hearing examiner that Lee County has. It works well
for them, but we did not see that as appropriate for Collier County.
And in speaking with a number of you, as the procedures are put
in place, you have said that it's not going to be that very restrictive
structure. So we're comfortable with that and, certainly, we'll be
weighing in on the language for the procedures.
The issues that we were really getting to -- and Commissioner
Nance brought it up; this is for routine noncontroversial matters. And
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there were two amendments to the draft ordinance that were put in
place that I believe help us to get to the comfort level that we need,
and that is making sure that for those matters of heightened public
concern -- and I agree with Margie, we need to get that defined, but in
those cases it shall go through the regular public hearing process.
That was very important and, also, making sure that it's just for the
minor conditional uses, because as you know, a lot of our conditional
uses, such as mining, those are big issues, so we didn't want to bypass
the process that we have.
So with those changes, we're comfortable with the ordinance, we
support it, and we look forward to working with the hearing examiner
and with staff to get the procedures in place.
Thank you.
CHAIRWOMAN HILLER: Thank you for your comments.
Commissioner Nance and then Commissioner Fiala.
COMMISSIONER NANCE: Yes. I think with the recent
discussion we just had on our ethics clause -- I mean on our ethics
policy that we're working on for the county in our ordinance, together
with the definition of the workload and the type of work of this
position, which is obviously going to be a work in progress as we go
further, I'm completely -- I'm completely comfortable with it, and I
think it's perfectly within the ability of this board to modify it as we go
on the fly as needed.
If something arises, we should just be attentive to it, and I don't
think we should be afraid to go forward because there might be a little
bump in the road, because I'm most certain that there will be. And I
don't think -- you know, Mr. Klatzkow is, apparently, going to be our
ethics officer so, I mean, we're going to have multiple approaches to
weighing in on this. Thank you, Mr. Klatzkow. But I have no worries
that we can work this out. I don't think that there's going to be any
exposure of any magnitude.
CHAIRWOMAN HILLER: Commissioner Fiala?
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COMMISSIONER FIALA: Yes. I think we all agree that this is
a good position, and I think we all agree that it will probably come to
be a full-time position. I think there's a lot of things to do. And one of
the things that we've been forewarned over these many years is you
don't ever want to give anybody the perception that there's a conflict
of interest.
And so I think we're going to have to depend on the county
attorney to make sure that whatever is going on does not in any way
even give a perception, because if somebody was, like, coming to
appeal because they didn't agree with what the hearing officer said,
and then maybe the hearing officer happens to sit on the Planning
Commission and he recuses himself because he feels, well, you know,
that would be a conflict of interest, we have to be very careful,
because we don't want to be subject to any lawsuits because there
might be a perception.
MR. KLATZKOW: Understood.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: Well said, Commissioner Fiala.
With that, I'd like to make a motion to approve the ordinance as
presented --
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: -- and -- thank you, and I was also
going to add to direct the county attorney and the county manager to
work together to develop the hearing officer's job description,
contract, and salary range to be brought back for approval at the next
meeting following which the position will be put out by way of
advertisement --
MR. OCHS: Recruitment, yes.
CHAIRWOMAN HILLER: -- for recruitment, and then all
applicants with the top 10 or five, as the case may be, being ranked
brought before the board for approval at the first meeting in May.
COMMISSIONER HENNING: Second.
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CHAIRWOMAN HILLER: Thank you.
Commissioner Nance.
COMMISSIONER NANCE: Yes. It's my understanding this is
going to be a full-time exempt employee?
MR. OCHS: Correct. Full-time contract employee to the Board
of County Commissioners.
COMMISSIONER NANCE: Exempt?
MR. OCHS: Salary.
MR. KLATZKOW: Yes.
COMMISSIONER NANCE: Salary and exempt.
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: Okay.
COMMISSIONER FIALA: What does exempt mean?
CHAIRWOMAN HILLER: No overtime.
MR. OCHS: No overtime.
COMMISSIONER FIALA: Oh.
CHAIRWOMAN HILLER: Like fixed salary.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion passes 4-1 with
Commissioner Coyle dissenting.
Item #10F — Continued from earlier in the meeting
BOARD APPROVAL DESIGNATING THE COUNTY
ATTORNEY AS THE COUNTY'S CHIEF ETHICS OFFICER,
FOR APPROVAL AT THE SECOND BOARD MEETING IN
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APRIL, 2013 - MOTION APPROVING THE COUNTY
ATTORNEY AS THE CHIEF ETHICS OFFICER AND TO
INCORPORATE IT INTO THE COUNTY ATTORNEY'S
ORDINANCE — APPROVED
CHAIRWOMAN HILLER: If we can quickly go back to 10F.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: And, Commissioner Henning,
would you add to the motion that you made -- would you like me to
read what --
COMMISSIONER HENNING: Well, if we're going to readjust
it, I think we need to reconsider the item to open it up for discussion.
MR. KLATZKOW: I'm just bringing back as a draft. I'm not
advertising. It's a strikethrough --
CHAIRWOMAN HILLER: No, no. We're not talking about
that. What are you talking about?
MR. KLATZKOW: The ethics.
CHAIRWOMAN HILLER: Well, we're not talking about the
ethics ordinance. We're talking about the role of the -- of you as ethics
officer. This is a second motion on that same agenda item.
MR. KLATZKOW: So you don't want that as part of the
ordinance?
CHAIRWOMAN HILLER: It can be if you want. I mean, it's up
to you.
MR. KLATZKOW: Okay. That was my assumption.
CHAIRWOMAN HILLER: Well, I actually thought it would be
a resolution, but if you want it -- I mean, it's actually a good idea to
make it part of the ordinance or, alternatively, what you could do is
make it part of the county attorney's ordinance.
MR. KLATZKOW: Okay. We could do that as well.
CHAIRWOMAN HILLER: I think it's better in the county
attorney's ordinance because it ties the function of the county attorney
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in one place.
MR. KLATZKOW: Well, then I'll bring it back in that -- when I
bring that to the board, I'll bring it back in that fashion.
CHAIRWOMAN HILLER: So then why -- can we go ahead and
make a motion now to direct that -- you know, that the office of the --
or that the chief -- that the position of chief ethics officer be held by
you to do what we've described here to be incorporated in the county
attorney's ordinance.
MR. KLATZKOW: Yes, ma'am.
CHAIRWOMAN HILLER: Commissioner Henning, do you
want to make that motion?
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: Second. I thought that's where we
were to begin with.
CHAIRWOMAN HILLER: All in favor?
(No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Commissioner --
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: You're opposed to an ethics officer?
COMMISSIONER COYLE: Yeah.
CHAIRWOMAN HILLER: Okay. Then the motion carries 3-2
with Commissioners Fiala and Coyle dissenting with respect to the
motion for the creation of the position of chief ethics officer as county
-- as being the county attorney.
Item #11C
RECOMMENDATION TO APPROVE A WORK ORDER IN
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EXCESS OF THE BOARD'S $200,000 SPENDING THRESHOLD
AND AUTHORIZE THE EXPENDITURE OF $48,520 FOR
MCGEE & ASSOCIATES TO PREPARE 100% LANDSCAPE
DESIGN PLANS FOR THE IMMOKALEE ROAD/I-75
INTERCHANGE — APPROVED
MR. OCHS: Madam Chair, that would move us to Item 11C on
your agenda, which was previously 16A9. It's a recommendation to
approve a work order in excess of the board's $200,000 spending
threshold and authorize the expenditure of $48,520 for McGee &
Associates to prepare 100 percent landscape design plans for the
Immokalee Road/I-75 interchange. This item was moved at
Commissioner Nance's request to the regular agenda.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I asked that this be placed
back on the regular agenda because I wanted to make some comments
about -- excuse me -- the need for us to go through our landscape
ordinance and decide how it is that we're going to handle landscaping
going forward. And I have a couple concerns about this particular
agenda item, and I'll just frame my comments in that way.
On this project we have a $400,000 grant to do landscaping on
the I-75 interchange at Immokalee Road. And what we have there is
we have a situation where we have two -- a couple of road miles of
median on Immokalee Road that are going to be handled, and then we
have four quadrants of that interchange, which is a traditional
diamond-shaped interchange to landscape and, of course, the amount
that's being given to us in a grant is $400,000.
And I assume that the gentleman that's going to design the plan is
going to design a plan that's going to consume $400,000 in costs when
you consider the amount of plant material that's going to be planted
and the irrigation system necessary for its maintenance.
It's been suggested down in the backup -- I mean, in the
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executive summary that the approximate cost for maintaining it going
forward is going to be $84,000 a year, which means in the next decade
on this intersection, if this estimate is correct -- and I call this into
question -- but if it is correct, we're going to spend somewhere in the
neighborhood of $1 million over the next decade to maintain four
quadrants of an interchange that people are driving by at 80 miles an
hour.
COMMISSIONER HENNING: We should only hope that we
can obtain the speed of 80 miles an hour. There's four traffic lights
there.
CHAIRWOMAN HILLER: Sorry.
COMMISSIONER NANCE: No, no. I mean on I-75 -- on the
I-75 direction. I don't expect you to be driving at 80 miles an hour on
Immokalee Road, Commissioner Henning. I hope the sheriffs not
here. But at least you won't get a red light ticket.
Okay. I don't believe that that -- that the annual maintenance cost
for that amount of work, for $400,000 worth of installation work, is
going to be possible for $84,000.
It's been suggested in here that there's going to be an
incorporation of Florida-friendly concepts to try to keep the
maintenance costs low, but my message -- and the only thing I wanted
to add to this agenda item is we have to become more responsible on
our cost of maintaining our landscape, and that's because of several
reasons, and it's not just the money.
Money is certainly a big issue, because these things are going to
become progressively expensive as we go, and there's no way they're
ever going to stop. They are a commitment forever.
The other thing is, if we don't have landscape designs and
installations that are sustainable from an environmental point of view,
we're going to come in direct conflict with DEP and the EPA when we
get into our water-quality standards. Everybody in this room is
standing out on the beach coughing because of red tide, and
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everybody's worried about what's going on with the Gulf.
Every grain of fertilizer that we place in our landscape goes one
of two places, into a plant or into the Gulf. And we're going to have to
understand that the techniques that we're employing here are not
sustainable. Collier County does not use progressive techniques on its
landscape on its use of ornamental plants in our environment.
Techniques developed by the University of Florida, the Florida
friendly have been in place in writing since the '70s. We do not have a
staff that has been allowed to do that because of the direction of this
board. And it's going to become increasingly expensive in cash and
it's going to be increasingly expensive to our environment, which is
going to mean that we're going to have to spend cash to remediate it if
we don't get a grip on what we're doing here.
The grander example and the reason that it creates a problem is
not because what we've done as a county, per se, but the message
we've sent to our citizens. We have created expectations that these
sorts of landscapes are what they should be building and what's
desirable and what is best.
So what happens is with every road mile of median that we
continue to put in with exotic high-dollar gold-plated landscaping
creates a desire on the part of the public that exacerbates the problem
and makes everything worse.
So from a point of view of fertilizer pollution, use of water and
stainability, we are going to have to get into our landscape ordinance
and we're going to have to figure out what we're going to do.
I think this is an outrageous proposal, and I think we really need
to take an opportunity, and we should direct our staff on this project to
put in a good part of that landscaping around this interchange on the
diamond section that is a Florida-friendly sustainable landscape and
not a high-dollar gold-plated design.
CHAIRWOMAN HILLER: Commissioner Henning and
Commissioner Fiala want to comment, but I would like to give staff an
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opportunity to respond to Commissioner Nance's remarks first so you
would have the totality of information from all perspectives.
MR. CASALANGUIDA: Sure. I've got Pam here, but we talked
a little bit before the meeting, me and Commissioner Nance in our
one-on-one discussed it as well, too.
You've got a beautification master plan that has a combination of
Florida friendly but also some higher end, you know, landscaping
items. You don't see a typical median with cabbage palm, slash pine,
and oaks and Bahai grass. You see a lot of different plant material in
there. And Pam does a -- tries to do a good job of balancing those two
types of plant mixtures that are in there.
But I think in DOT -- first of all, DOT has certain specs that
they'll only approve. Remember, this is a JPA going through DOT.
Our time constraint here is it's got to be in by June 1; otherwise, we'd
loss the grant.
But DOT will only allow certain materials in, height restrictions,
and types of plants that grow. So the maintenance on this has a little
bit to do with that, because you will keep a certain standard, then have
to maintain that standard, which means replanting.
But as we discussed, we've set a beautification master plan level.
And if the board wants to revisit that as a policy discussion, our COE
and county manager and I have discussed, as you workshop, that we
go forward -- we had talked about private development landscape. It
might be a good time to talk about that as well, too, because then you
get a picture of both sides, what you'd require on the private side and
the public side.
But right now you've got a master plan. Pam's going to work
within that master plan within DOT specs. And there's not much
variation you're going to be allowed to do other than that guidance to
keep it as Florida friendly as we can in the range of the master plan.
Certainly, if you want to revisit the master plan, that's some
direction we would get and bring back to you. So --
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CHAIRWOMAN HILLER: Commissioner Fiala.
COMMISSIONER FIALA: Thank you very much.
Now -- and I know Commissioner Hiller agrees with me. We
both feel very strongly about the ambiance the landscaping gives our
community. Not only that, but the realtors agree with us, because they
can sell the properties. And our property values remain high because,
let's face it, we're the most beautiful county in the State of Florida.
And not only that, but we're known around the country for being
beautiful.
It also helps tourism tremendously because people love to come
to our community. It's so beautiful. These are all aspects that we have
to take into consideration. Do we want to be like the county next
door, or do we want to stand out and be beautiful?
We chose this landscaping plan years ago because we wanted to
enhance our image, enhance -- why did people come here? They
came here because it's beautiful. We wanted to continue to enhance
that.
When we -- the economy started going downhill, we stopped
doing any landscaping. We had to do that. We couldn't -- there was
no money to do anything. Not only that, but they ripped out a lot of
the stuff that was gorgeous, and instead we've got these pricker plants
and we've got lots of mulch, but no grass or anything. It's cheaper to
maintain that way. Doesn't look as nice at all.
But as -- now -- and I'm sure other commissioners have gotten
this same mail. I'm getting emails now pretty regularly from people
saying, okay, fine, now we're beginning to recover. When are you
going to landscape Immokalee Road? When are you going to
landscape Vanderbilt? When are you going to landscape Santa
Barbara? You know, they're asking for these things. And I keeping
telling them it's a little while out yet because we haven't recovered
enough to start ambitiously working on that, but I did bring it up to the
County Commission at a couple meetings back saying, it's going to --
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you know, it's probably about time we started addressing it now for
when the time our economy recovers enough to begin the program
again.
So I don't agree at all with Commissioner Nance. It's nice to be
Florida friendly and so forth, that's a great thing, and I think our
people always work in trying to plant as much as we can Florida
friendly that can tolerate the wind from the cars, the speed from the
cars, the heat from the sun that we have in the summer. At the same
time they also try and incorporate a look that's distinctive to Collier
County.
Thank you.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Pam, is any of the interchanges,
the diamonds or the approaches, landscaped so we have an idea? I
think Pine Ridge Road is.
MS. LULICH: Yes. We have Pine Ridge interchange that's
landscaped.
COMMISSIONER HENNING: Right.
MS. PATTERSON: We also have Golden Gate interchange
which --
COMMISSIONER HENNING: Well, Pine Ridge, there's -- if I
recall, there's all native vegetation such as slash pine --
MS. PATTERSON: That's right.
COMMISSIONER HENNING: -- and cabbage, and there's no
irrigation within that.
MS. LULICH: Right. We left what was existing in the infields,
and we planted street trees along Pine Ridge Road.
Golden Gate interchange, we also have native plantings along the
sides of the embankment, and we do very little there.
I wanted to tell you, Commissioner Nance, that I did meet with
the Greenscape Alliance, and they did give me this book, which is just
beautiful. It gives great examples of Florida-friendly landscapes. And
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I invited them to help me with this project, if you should approve it.
And they're very excited.
And, you know, we do a combination of Florida friendly. You
know, yes, we do have some decorative plants, but it's a balance, and
we're -- we really would appreciate their assistance in coming up with
some new solutions. So they were very nice. We did this workshop
and, you know --
COMMISSIONER HENNING: The -- I think that the guidance
that we can give would do both. We want to, I would hope, match
what has been approved in District 3 -- District 3 and in District 2 so it
-- so it's cohesive and it looks like one theme. And I think that we can
do that. I mean, there's royal palms in there that take very little water.
MS. LULICH: Yes.
COMMISSIONER HENNING: You're not going to be able to
plant much in the areas that are -- that are not landscaped this time;
however, the guidance should be, keep with the same thing and, if we
can, plant some materials within the approaches that don't need -- or
are very low maintenance. And I think that would accomplish both
things, what Commissioner Fiala's saying and what Commissioner
Nance is saying.
The -- I did pursue the monies for the landscaping. I know it's
not going to cost that much, and it should not cost that much for the
maintenance; however, you need to allocate a certain dollar amount
until you know the bottom line of what it's going to be, what it's going
to look like at the end of the day.
MS. PATTERSON: Yes, it's based -- the increase is based on
our last two bids, which increased 33 percent, but our overall average
is much lower than that. And I would anticipate, with a native
planting, we would be reducing that maintenance cost. So that --
CHAIRWOMAN HILLER: And if I may comment before going
on to Commissioner Nance, who would like to speak again.
These intersections are gateways to our community. So going
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back to what Commissioner Fiala said about tourism, we do receive a
lot of visitors from other counties and other states who do use the
interchange, and making that first impression as a strong one is
important.
Jeff, maybe we could use TDC dollars. I'm just kidding.
COMMISSIONER FIALA: Sounds good to me.
CHAIRWOMAN HILLER: Just kidding. But it is important,
and it is an entrance statement.
MS. LULICH: Yes.
CHAIRWOMAN HILLER: And your solutions seem very
reasonable.
Commissioner Nance.
COMMISSIONER NANCE: Yes. I'm not going to vote against
this item, I wanted to let you know, and I'm not trying to hold up Ms.
Lulich as somebody that's doing the wrong thing.
COMMISSIONER HENNING: Right.
COMMISSIONER NANCE: What I'm trying to do is I'm trying
to raise a red flag here and just let everybody know that we're going to
have to make serious consideration into the cost and impact on what
we're doing with landscaping.
I'm very flattered that you like the interchange at Pine Ridge
Road. The reason I say that is because all the native plants that were
planted in that interchange, with the exception of slash pine, were
planted by me. All the -- there you go. In the callous days, okay.
All of the wax myrtles and all of the sabal palms that are in there
were not existing there. There wasn't anything in there except on the
east side -- excuse me -- on the west side as far as slash pines and a
few scraggly ones on the east side, so that that is something you can --
that you can do that take no maintenance. And, of course, you've
enhanced that by putting magnolia and putting royal palms in there at
a very, very minimal cost, because there's very few plants.
That's what I'm suggesting to you. Those are the sorts of things
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that we need to look at and we need to consider as a whole.
So my intention is not to vote against this item, but I just want to
bring it forward in the future with the board so that we can talk about
something that we can all do. We have talent on our staff. We have
the technology. But I'm very, very concerned about what's going to
happen when our water-quality issues start to come up, because we're
going to have to pay the piper for having so much St. Augustine grass
and so much fertilizer used in our environment.
The fact that we have more red tide through the winter season
now is not an accident. When I was a little boy, there was very little
red tide in here over the winter, okay. And all the -- I'm sure the
Conservancy and others can speak to that, but we're going to have to
address that and, you know, we're going to have to be sustainable.
And I don't want to delay --
CHAIRWOMAN HILLER: Thank you. We have a time-certain.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN HILLER: We get the message. Thank you.
Thank you for your comments, staff.
MS. LULICH: Thank you very much.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I'm okay with it.
CHAIRWOMAN HILLER: Okay. Motion carries unanimously.
I keep wanting to hit the gavel. It's -- you know.
Item #13A
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March 26, 2013
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT
REGARDING AUDIT REPORT 2012-10 ECONOMIC
DEVELOPMENT COUNCIL — REVIEW OF PUBLIC SECTOR
EXPENDITURES - PRESENTED AND DISCUSSED
MR. OCHS: Madam Chair, that takes you to your 2 p.m.
time-certain hearing. It is Item 13A on your agenda. It's a
presentation by the Clerk of the Circuit Court regarding Audit Report
2012-10, Economic Development Council review of public-sector
expenditures.
CHAIRWOMAN HILLER: Thank you. And, Clerk, forgive us
for being eight minutes late. We blame Commissioner Nance because
he just wanted to tell us about -- you know, that he had planted that
interchange, and I want you to know, now that I found that out, I want
him to come and plant my garden.
COMMISSIONER NANCE: I already told you -- Commissioner
Henning already got me to commit to that earlier today.
CHAIRWOMAN HILLER: I wasn't listening. What can I say.
MR. BROCK: Commissioners, I have gotten much prettier
today, so --
CHAIRWOMAN HILLER: Wait a minute. I thought you were
going to say smarter.
MR. BROCK: No. I don't know about that. We'll find out about
that in just a minute. It is obvious that we have gotten -- I have gotten
much prettier.
CHAIRWOMAN HILLER: Now, in addition -- County
Manager? Where is County Manager?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Sorry, forgive me. I didn't see that
you had left your seat. I just want to make sure we understand, while
everybody is getting set up with documents and slide shows, we are
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going to address 13A, then 13B, and then which items following that?
MR. OCHS: Item 10D that was --
CHAIRWOMAN HILLER: 10D, which is --
MR. OCHS: -- Commissioner Nance's item.
CHAIRWOMAN HILLER: -- Commissioner Nance's, right.
MR. OCHS: And then we'd like, ma'am, since we have some
other members of the public here from the airport authority --
CHAIRWOMAN HILLER: Of course.
MR. OCHS: -- move to take those two items --
CHAIRWOMAN HILLER: Take 14A and 14 -- Al and A2.
MR. OCHS: Yes, after 10B.
CHAIRWOMAN HILLER: Got it. So just to make sure
everybody understands, the sequence of agenda items will be 13A,
followed by 13B, followed by 10D, followed by 14A1 and 14A2.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: I have a question for the board. We
know the clerk will be here for 13A and 13BB. Do we --
Commissioner Nance, do you want him here for 10D as well?
COMMISSIONER NANCE: If it's convenient.
CHAIRWOMAN HILLER: Would you mind staying?
MR. BROCK: Absolutely.
CHAIRWOMAN HILLER: 14A is the -- reduce or eliminate --
eliminate fund transfers and to pay back county loan.
Commissioner Henning, this was your item. Would you like the
clerk here or staff -- his staff here to address that?
COMMISSIONER HENNING: (Shakes head.)
CHAIRWOMAN HILLER: We've got Crystal here if the need
arises on any of the numbers.
COMMISSIONER HENNING: No. I don't need him.
CHAIRWOMAN HILLER: Okay. So then we're fine. Are we
ready to proceed?
MR. BROCK: We are ready to proceed?
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CHAIRWOMAN HILLER: In a moment.
MS. GAYLORD: Are you guys ready?
CHAIRWOMAN HILLER: Yes, go ahead.
MS. GAYLORD: For the record, Megan Gaylord, internal
auditor.
We initially did an audit of the Economic Development Council
for the public-sector expenditures at a special request of the board.
The EDC was a public/private partnership for economic
diversification. It was created in 1997. The board gave them $400,000
a year to further the mission typically used for payroll and marketing
to support business diversification.
Our audit focused on the public-sector expenditures. The way
the contract was written, we were unable to review any of the
private-sector expenditures.
During the course of the audit, there were a few findings: The
documentation wasn't available to determine if the goods and service
were at the lowest practical cost; there were miscellaneous exceptions
within the backup documentation which were for duplicate payment
for an employee, which was corrected. Payments were based -- one
invoice was not an invoice; it was paid based on an estimate, and no
final invoice was obtained, and then it appears that the public-sector
grant was not properly classified on their tax returns.
The annual audit for Fiscal Year 2011 was not provided for the
public sector -- for the private-sector entity, which was part, in fault,
because the unit dissolved in September of 2011. The department
came back and they said that they would make sure that processes
were implemented in the future to ensure that further review was
completed and that the contract stipulations were met.
And that was the extent of the audit.
CHAIRWOMAN HILLER: I have a question. You said the
Fiscal Year 2011 independent annual audit was not conducted as
required by contract?
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March 26, 2013
MS. GAYLORD: Correct.
CHAIRWOMAN HILLER: When did the organization shut its
doors?
MS. GAYLORD: September 2011.
CHAIRWOMAN HILLER: And this audit would have been on
an annual year, in other words, through December of -- had they
remained open, or should be conducted through the date they closed
their doors?
MS. GAYLORD: It should have been for through the date they
closed the doors.
CHAIRWOMAN HILLER: Well, I think that the directors of
that organization should be made to have that audit and produce it. I
can't see how that can be exempted. I mean, we have all the records,
don't we? Well, let me go back. You say -- were you -- let me -- what
MR. BROCK: Commissioner, could I comment about that? My
name's Dwight Brock. I'm the Clerk of the Circuit Court.
The monies that we were looking at was the $400,000 --
CHAIRWOMAN HILLER: I understand.
MR. BROCK: -- that the county gave them.
CHAIRWOMAN HILLER: Right.
MR. BROCK: Okay. Obviously, that was exactly what was
being presented in their audit. All they were doing, because they had
broken the entities apart, was looking at that public portion and
presenting it to us.
We basically have done the same thing. Certainly, you can go
back and you can ask that an audit be done. I don't think that is going
to accomplish anything other than to give remuneration to
accountants.
CHAIRWOMAN HILLER: Did you --
MR. BROCK: There's just not enough here to really begin
looking at and spending money to chase, okay.
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March 26, 2013
We were able to track the $400,000, and we felt very comfortable
with that. While it may be a breach of the contract to not do the audit
through that period of time, the only thing that I'm trying to tell you is
that breach of the contract probably had little or no effect.
CHAIRWOMAN HILLER: On our -- on the government's
position?
MR. BROCK: On the government's position.
CHAIRWOMAN HILLER: Okay. Well, that's important, and
I'm glad you stated that for the record. I appreciate it.
So the only concern we have, then, based on your audit, is that
the goods and services were not proven to be at the lowest practical
cost? So, in other words, that, you know, government funds were
used to pay more than -- or basically we got less for the public's dollar
through the EDC than we should have?
MS. GAYLORD: The documentation was not available. We're
not saying that it's 100 percent sure they didn't get the lowest price,
but the documents to show that it was competitively bid weren't there.
So it's possible you did get them at the lowest price; it's also possible
you didn't. You could try to go back and request additional
documents, but with the entity dissolved and they turned over
everything to the county attorney, I don't think that you will find that.
CHAIRWOMAN HILLER: I see. So that's up in the air. Thank
you.
MR. OCHS: Commissioners, would you like to move on to the
next audit report?
CHAIRWOMAN HILLER: Unless anyone has any questions
about the EDC. You know, I am kind of curious about one thing.
There seemed to be a lot of concerns about some of the expenditures
made by staff prior to that organization shutting down.
There seemed to be a lot of discussion that there -- that
expenditures were made that should not have been made. And I'm
assuming that based on what you're saying, that would have happened
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March 26, 2013
with the nonpublic portion of the funds in light of the fact you're
telling me you traced everything that was public back to source
documents and to legitimate expenditures.
MS. GAYLORD: Correct.
CHAIRWOMAN HILLER: Okay. Thank you.
MR. BROCK: I'm ready. I think she's going to make me do the
next one.
MR. OCHS: Okay. Madam Chair?
CHAIRWOMAN HILLER: Thank you.
Item #13B
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT
REGARDING AUDIT REPORT 2012-3 IMMOKALEE
REGIONAL AIRPORT — FILL DIRT - COUNTY ATTORNEY TO
OFFER NO SETTLEMENT AT THE MEDIATION HEARING,
GET THE AS-BUILT DONE WITH STAFF TO GET A LEAST
COST APPROACH WHEN GETTING THE CURRENT
MEASUREMENTS AT THE AIRPORT AND THE COUNTY
ATTORNEY TO WORK AND DISCUSS THE RV PARK WITH
THE USDA — APPROVED
MR. OCHS: With the board's indulgence, we'll move to 13B
then?
CHAIRWOMAN HILLER: Yes.
MR. OCHS: This is a presentation of the Clerk of the Circuit
Court regarding Audit Report 2012-3, Immokalee Regional Airport
fill dirt.
MR. BROCK: I uglied up again for everyone to confuse you.
Ladies and gentlemen, this was an audit that we did of a USDA
grant, expenditures that took place at the Immokalee airport, and it
involved actually two or three grants that we'll get into.
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March 26, 2013
The first picture I'd like to show you was the process as it
originated started out as a process to create a -- basically a lake or a
storage pond. It was to fill in the little storage pond there in the bottom
left-hand corner and to build a storage pond there to the right and to
place the dirt in the area up there in the left-hand corner.
The next slide that you will see is at the conclusion of the
building of the pond, and you will see what transpired.
Now we will go through the process of how we got to where we
got to.
The airport, through a prior airport administrator, made
application to the USDA, United States Department of Agriculture, for
a rural business enterprise grant that was ultimately given to the
county in the amount of $450,000. That was where we began the
process at looking at that 450,000 USDA grant.
As we had gotten more involved in that process, we saw that
some of the OTTED grant, which is the state grant, was also spent in
the process, and there was some Collier County Airport Authority
cash that was also used in the process.
But the first portion of what we began to look at was the 450,000
and a small portion of the OTTED grant.
MS. GAYLORD: USDA.
MR. BROCK: What'd I say?
MS. GAYLORD: OTTED.
MR. BROCK: OTTED -- USDA and the OTTED grant.
The next slide that you will see in your packet or on the board is
actually a breakdown of all of the money that was put into this
process, and it was an amount of 1,596,440.84.
You will discover later on as we go through this that the project
as it originally existed got changed. And as it got changed, an entire
new project was created. And you will understand as we finish this up
the problems that that created from our perspective.
The next slide that you will see is basically the description of the
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March 26, 2013
scope of the project as was defined by the applicant, which is the
airport authority, and the USDA in its approval of this process, okay.
It was very limited and very narrow in its scope. And you will
see that the project for which the work under the contract documents
may be the whole or only a part of generally described as follows:
Relocate canal, construct 11-acre lake, install control structure
culverts, mitered in sections, fill existing lake -- it says 26, but it's
actually 2.6 acres -- and install landscape buffer and irrigation work,
and that's the scope of the project as was approved by USDA.
As part of that process of approval, one of the understandings of
USDA is you do not change the scope or the amount of the project
without having the approval -- review and approval of USDA.
Now, we have not gone into the OTTED portion of this project.
We will let OTTED deal with their portion of the issues associated
with this as we go as they want to. They can get a copy of our report.
But we're dealing predominantly with the USDA.
And as we began looking at this process, we went to the original
application. The original application for this project, as it was
originally defined, was for $1.945 million. You go back and you see
what portion was approved by USDA, which was approximately 4 --
not approximate; it was $450,000.
One of the things that I would like to show you -- and this is not
going to work. But if you will look up at the excavation in the
construction service, you will see that there's 235,000 cubic yards of
dirt that was proposed in that process.
And I see Mr. Curry here, and I want to tell you Mr. Curry's only
involvement in this was he happened to inherit what you're seeing
here today.
But the 235,000 cubic yards of dirt was going to be removed,
excavated from the lake, okay. That, ultimately, ended up in the next
slide, which is the actual contract with Quality Enterprises USA. And
it had increased in the contract from 235- to 250- cubic yards.
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March 26, 2013
If you look at the page before, you will see that the excavation
price was about $4 per yard, and now it's down to about a buck
fifty-six a yard, okay. That's about $390,000 for the cost of
excavating the dirt.
The excavation application, which was done by the airport
authority and was received on 9/19/2005 -- if you look down in the
bottom right-hand corner, you will see that the excavation permit
issued by the county only authorized 210,680 cubic yards to be
removed, and the permit prohibits anything over that from being
removed.
Go over to the left-hand side. We've given you some dates and
some times we thought might be of importance. Assuming, as we go
through this process, that only the 210,000 cubic yards could be
excavated, we paid for 250,000 to be excavated. They were moved
originally to an on-site location, piled up. They were also used to fill
the little pond, and they were also used to build the berm.
As part of the contract, one of the requirements of the contract
was in order to determine what we owed, or what the taxpayer owed
for the excavation of that dirt, there was a requirement that there be an
average end area method from cross-sections recorded in the
excavation before and after excavating.
What's that commonly referred to, Megan, after?
MS. GAYLORD: As-builts.
MR. BROCK: As-builts -- the as-built plans which, in essence,
entail going out and measuring points in the lake and running it
through a CAD program to determine exactly how much was
removed, okay.
As we began going through the process and trying to determine
exactly how much the taxpayer owed for this process, we began trying
to locate the as-built plans. And we have not been able to locate
those. We have actually had direct communications to USDA, and
they do not have the as-built plans either.
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The contract provides that the contractor shall provide the
pre-excavation and as-built survey of all excavated and fill areas
drainage structures by registered surveyor as required to determine the
quantity.
Now, as a consequence of the county actually being in litigation,
we went to Hole Montes, who were the developers of the plans,
original plans, and to URS, who was the contract -- the county's
engineer in this process, and tried to get the as-built plans from them.
We were incapable of getting any from anyone, and it seemed like
every time we talked to someone, it was like this (indicating). The
other guy did it.
We were able to get some information from USDA. That
particular document is a USDA-provided document that has URS's
signature of what appears to be a URS employee's signature. And
now URS is your employee -- or your contractor, ladies and
gentlemen. And if you read the language, it says that that was based
upon something that the contractor's surveyor had given them.
We were also able to obtain the next page which is, in fact, a plan
which was developed by Hole Montes which was the original plan,
and it looks like somebody has gone out there and taken points of
measurement, but there is no CAD work or anything else to
demonstrate that there's any relationship between that and the 250,000
cubic yards of work, of fill.
Hole Montes' design engineer stated they had no involvement,
only created the proposed lake designs. And, you know, if you go
back and if you look at what USDA gave us, that's a Hole Montes
document.
Do you see what I'm referring to? Okay. As-built documents
submitted were not certified -- they are not certified by anyone --
contain no calculations for required contract, average end area method
were based on proposed designs and have handwritten totals. It
appears Quality Enterprises may be in violation of the contract
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because noncompliance of documents were submitted as final
documentation.
Now, the next document, ladies and gentlemen, I think, you will
find just absolutely remarkable. This is -- the first line where the arrow
is from left to right points to the quantity -- this contract was all
quantity-based contracts, price-quantity contracts.
If you look at the quantity in the contract, the next arrow points
to what the county paid. To have not been able to have determined
the estimate of the original project, be off by about a million five from
USDA -- or, no, it wasn't that. It was about 900- in the original
estimate. To be off by 40,000 cubic yards in the permit and to be off
in the proposal about 15,000, they got real good at estimating later on.
As a matter of fact, if you go through, each and every element of
the contract was paid at the exact maximum quantity allowed by the
contract. Now, to have been that good is remarkable.
What's this one showing? The next slide that we'll look at is --
since we did not have the as-builts that were required by the contract,
what we attempted to do was to determine a reasonable estimate of
what was taken out of the ground.
In doing that, the methodology that we used was we went out and
took measurements, we went to a topographical map and used some
programs that we were able to find to enable us to estimate the actual
dirt that was removed.
As we did that process, Area 1 -- we'll go back and forth. Area 1
was 11,000 -- or 113,000, I'm sorry. Area 2, was another pile, was
approximately -- I'm sorry. That was square feet. Cubic yards is on
the right -- was approximately 87,922 cubic yards.
Area 2 was 3,451 cubic yards. Area 3, which you can see in red,
was approximately 79,686. Area 4 was 21,550. And the lake berm,
which was required by the contract to have been built, was
approximately 10,574.
Now, this was based upon the methodology that we were capable
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of using in trying to recalculate this.
We have discussed with people whether or not you could actually
go back into the lake at this point in time and have the actual as-builts
done. And we have been advised that you, in fact, can do that. If they
do not exist, they can be done now to get reasonable assurances of
what it was that we paid for.
But the amount that we were able to come up with, as opposed to
it being 250- cubic yards, we came up to about 203- cubic yards. So
there's quite a disparity there.
Now, as we went through the process of digging this lake,
building this lake, which was the scope of the grant that we had
received, all of a sudden we discover some change orders.
The first change order was for the purpose of building sidewalks
and for building shelters. We took pictures of those. There's your
sidewalk, and there's your shelter that we spent almost a hundred
thousand dollars for.
I would also like to point out to you that you really can't get to
either of those, that those are basically set apart from the rest of the
airport and are off out there in that overgrown and deteriorated
condition.
That particular change order, ladies and gentlemen, was in
reasonable proximity to the lake area, but it was not part of the
original plan. Remember me showing you the provision that it had to
be reviewed and approved by USDA.
Now, ladies and gentlemen, so that you-all understand, we have
talked to USDA, we have seen USDA records. They don't have any
of this, okay.
So for the hundred thousand dollars, you get what you see here.
It was actually, I think, for two shelters and the sidewalks.
The next process that we went through was when we looked at
Collier County's excavation permit, we discovered that Paragraph 2 of
the permit provided no excavated material shall be removed from the
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project site. That would require another type of permitting process
and would probably, in all likelihood, have to go through the planning
process. There was never authorization through the permit for
purposes of removing the excavated material from the site.
The process that you would have to go through is, if you see, if
would be a development excavation permit to dig it out of the ground.
MS. GAYLORD: Megan Gaylord, for the record. The permit
was part of the contract. Prior to all parties agreeing to the contract,
the permit was added in as an addendum. So Quality Enterprises
entered into a contract knowingly stating that they could not remove
material.
MR. BROCK: This is the original contract that they entered into,
knowing that the material that they had dug out of the ground is an
appendix and incorporated into the original contract. It says you can't
take it off the site.
The next process that we went through is we discover what is
called a zero-dollar-change notification by letter, or common parlance,
a zero-dollar change order.
With that zero-dollar change order was an agreement, apparently,
to remove the dirt that they knew they could not take off the site, to
take it off of the site in exchange for building a -- what's it called?
MS. GAYLORD: Aircraft apron expansion.
MR. BROCK: Which is a parking lot for airplanes, okay.
So they went through the process of doing that. That's a 240,000
change to the contract. It's an entirely different change in scope, which
brings into question several things that we will discuss here shortly.
In addition, I'd like to point out that there was an expiration term
in the development excavation permit. Go to this one. The expiration
period ended on 2/1/08, and -- it expired before 2/1/08. And they
actually excavated dirt from 2/1/08 to 2/29/08. So the excavation
permit has expired, and they're still excavating material. The
excavation bill that was submitted came to about $19,500 for that
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particular excavation.
They then come back and apply for the permit after the fact, and
what we are showing you there is the actual receipt for $300. But if
you have to come back and purchase a permit after the fact, the price
goes up considerably.
The commercial excavation permit only allowed -- or the
development excavation permit only allowed them to dig the dirt. In
order for them to have been able to lawfully remove the dirt from the
site, you would have had to have had a commercial excavation permit,
which they have never had.
The agreement that they entered into was for $250,000 worth of
fill dirt to be removed from the site by the contractor and, in return,
they would do some work there on the site.
Now, let's start off with a couple of issues. If, in fact, you dug
that dirt with money provided by USDA and you took it off of the site
pursuant to the terms of the grant, you would have to do that through a
competitive process, and here's why. Because USDA is going to
reduce the amount of money they're going to give you by what you
removed from the site.
Basically, if you sell it, they're going to take that out of your
grant. None of that ever happened. It was never approved by USDA.
It was not part of the original USDA grant.
In addition, ladies and gentlemen, this contract violates state
statute. There are only a few things in state statute: One is the
Contractors Competitive Negotiation Act, one is vertical construction
or construction of the nature we're talking about here, which must be
bid.
The Board of County Commissioners has great latitude in how
they deal with it. It was not done in accordance with your ordinance
or your policy. It was not done in accordance with the state statute;
therefore, I would suggest to you, ladies and gentlemen, the contract
as it was entered into was illegal, and it was in violation of the grant
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terms from USDA.
As we began looking at this process, we began finding, as you
see in the photograph, pictures of where they had removed the dirt
from the borrow area where they'd put it in, and at that point in time
we begin trying to determine, well, how much had they removed.
So we went to -- go to Page 36. No, I want 34 after 36.
We went to the airport authority and the people there and asked
them for the documentation of what dirt had been removed. Now, one
of the things you need to know is that borrow pit, borrow area of dirt
was, in fact, just out there in the open with a road that came right up
there to it. There were no controls on it whatsoever.
The information that we could get in hard copy from the airport
on how much had been removed -- and this is just copies of it -- comes
to approximately 9,720 cubic yards.
The airport then comes back to us with -- 34 -- this schedule that
they said they had worked with the contractor to get, and that one
comes up to 21,672 cubic yards.
The contractor has filed suit against the county, and as part of
that process, they have provided the county with some discovery in
which they have provided records to the county that we have taken the
liberty to go through.
And we have calculated based upon their own records that they
can account for 22,054 cubic yards based upon the records that we
have reviewed. They have filed a claim in the lawsuit that they took
out about 30,000.
When we went through the process of analyzing, you know, what
had been taken out of the pit, we came up to about two hundred and
three, one hundred eighty-two thousand (sic) cubic yards. And I'm
telling you, we're not, by any stretch of the imagination, telling you
that that's how much was taken out. We don't have any way to know.
The contract provided a methodology for doing that. We can't find
anybody that has that.
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The next process that we did was we went out and measured the
area where the dirt had been removed from. We did the same
technique that we did on the original pile as we did in the removed
area. And we actually came up with the removed area somewhere in
the neighborhood of 31,085 cubic yards, and we were being very
generous.
But now, if you look at that and compare it to the 203-, if their
31,000 -- using the same methodology, their 31,000 is approximately
correct -- they only took out 203-, if our methodology, which is the
same, was taken out.
So the 203,000, based upon their civil complaint, probably is
closer to what was taken out if the 31,000 was what they actually took
out, or 30,000, as they have filed in their civil complaint.
The process that we have gone through, I would suggest to the
ladies and gentlemen on the board, anybody that is able to go through
in a quantity-times-price contract and hit the estimate dead on the head
in everything that they charged us for, they are miraculous people.
I would be a little more comfortable with that if we had the actual
final measurements of the lake and it had gone through the process of
determining how much had been taken out, but we can't find those.
One of the things that we feel very comfortable on is they agreed
to a contract that they knew was in violation of law, because it was
part of their original contract that they couldn't take the fill off of the
site.
In addition to that, people are presumed to know the law, and at
the time the bid requirements for construction projects of this nature
for the county under statute was 200 -- or I mean $200,000. Just the
borrow dirt that was taken off of there was more than that.
So we would suggest to you, ladies and gentlemen, that a couple
of things need to be done. First is, somebody needs to go out there and
actually determine what was taken off the site or taken out of the
ground. At that point in time, we need to figure out -- I mean, there's
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no way, based upon the records that we can see, you'll ever be able to
determine what was taken away.
The controls that existed on that dirt, the monitoring process, the
documentation -- I mean, we've actually got documents from truckers
other than the contractors -- they could have been subs; we don't know
that. There's one that took dirt off of the site.
But one of the fundamental issues that the county needs to begin
dealing with is they need to begin dealing with USDA and that
removal of that dirt, the sale of that dirt, the functional equivalent of
the sale of that dirt, because I can assure you they know, because they
have asked us for a copy of our audit.
And I can also tell you that their preliminary look-see, they
weren't overly happy. We need to begin working with USDA to try to
make things right with the grant, and then we need to begin trying to
deal with the lawsuit that exists.
Obviously, one of the things that the lawsuit is going to be
relying upon, I suspect, is going to be equitable arguments. I would
suggest to members of the commission that one of the fundamental
principles of relief in equity requires clean hands. Someone needs to
explore whether or not the contractor, in fact, has clean hands in this
particular scenario.
I will take any questions that you might have.
CHAIRWOMAN HILLER: May I suggest, Clerk, that we take a
10-minute break. Our reporter needs to relax her fingers. So we will
be back in 10 minutes from now at -- what would that be, Leo?
COMMISSIONER FIALA: Ten minutes. That sounds good.
CHAIRWOMAN HILLER: Ten minutes from 2:56.
COMMISSIONER FIALA: Can we -- after this one, before we
take Commissioner Nance's next one. Because I don't know that
anybody's waiting. We've got an audience here for 14A and B.
CHAIRWOMAN HILLER: I think Commissioner Nance's has
to do with some of the people here also.
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COMMISSIONER FIALA: Oh.
CHAIRWOMAN HILLER: And then I think the clerk will
leave, and then we'll hear the other people. Thank you.
We'll reconvene in 10 minutes from now.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
Ladies and gentlemen, if you'd please take your seats.
CHAIRWOMAN HILLER: We're calling this meeting back to
order.
By the way, Dwight, everybody was so excited about your
presentation that they actually had to brew two large pots of extra
strong coffee. Just to, you know, keep us happy, because --
COMMISSIONER COYLE: You're the greatest sleep aid ever
invented.
MR. BROCK: Greatest what?
COMMISSIONER COYLE: Sleep aid.
MR. BROCK: Yeah, boring, eh.
CHAIRWOMAN HILLER: We just -- no, we appreciate the
detail.
MR. BROCK: It takes a lot of work, though, to get all of these
numbers and everything in place over the nonevent.
CHAIRWOMAN HILLER: We recognize that.
COMMISSIONER NANCE: In the interim break, I took a look
out my door, and I think maybe some of the missing dirt might be
outside here.
MR. BROCK: I can actually tell you that some of your missing
dirt is, in fact, on your property. It was put on the boat ramp at 951.
We've got the pay tickets to prove it.
CHAIRWOMAN HILLER: Isn't that funny. That's interesting.
COMMISSIONER NANCE: Well, we're going to have to talk to
District 2 commissioner about where she got this dirt.
CHAIRWOMAN HILLER: I know nothing; I know nothing. Is
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that the attorney? Are you the attorney? I know nothing.
COMMISSIONER COYLE: I'm surprised -- I'm surprised she
didn't use it for beach renourishment.
MR. BROCK: There may even be some of it there,
Commissioner.
COMMISSIONER NANCE: We'll look at Clam Pass next.
MR. BROCK: May be some on Pepper Ranch, I've just been
informed.
CHAIRWOMAN HILLER: Okay. Commissioner Henning?
COMMISSIONER HENNING: I'd like to ask Mr. Curry to step
up to the mike, please. And do you dispute any of the findings of the
clerk?
MR. CURRY: Chris Curry, executive director, Collier County
Airport Authority.
I really don't dispute anything he said because, you know, I'm not
familiar if the rules were the same back then. And the airport
authority was separate from what it is today, so I don't really dispute
anything that he says.
COMMISSIONER HENNING: Yeah. But I do appreciate your
cooperation in this.
The clerk showed one picture that -- one of a truck hauler, I
believe, hauled it off last year, hauled some dirt off last year in
January?
MR. BROCK: Megan, what was the name of the hauler?
MS. GAYLORD: Blue Water.
MR. BROCK: Blue Water.
MR. CURRY: Yeah. Blue Water was a sub for Quality
Enterprises.
COMMISSIONER HENNING: And that was after we decided
not to look at the airport security plan to know what was in it? I mean,
I --
MR. CURRY: Well, essentially, the dirt is located on the land
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side of the airport. So it's the airport that anyone can freely come in
and out; however, we do have the ability through surveillance to see
who comes in and out of that particular area. But I think when Blue
Water may have taken dirt may have been sometime prior to January
of 2012.
COMMISSIONER HENNING: Okay. Well, I think the slides --
MR. CURRY: Okay.
CHAIRWOMAN HILLER: What was that?
COMMISSIONER HENNING: I think the slide showed it was
in January 2012.
MR. CURRY: Yeah. That was the point that once we became
aware that they did not have the proper permit, we halted all removal
of any dirt from the airport.
COMMISSIONER HENNING: So the suggestion is to have
somebody go out there and calculate how much dirt was removed or
how much was excavated and see if it was over the contract amount.
That's one of the suggestions. The next suggestion was contact
USDA.
Mr. Curry, do you concur with that?
MR. CURRY: I've been cleaning up stuff since I got here, so I'll
work to clean this up as well.
MR. BROCK: And we will work with him.
COMMISSIONER HENNING: Yeah. Now, I think it's the right
approach to find out how much was excavated. And if somebody
could determine how much -- which would be impossible -- how
much was actually moved off of the property, then I think we have
grounds for action at a future date, but we don't know that until we
have some more information. The scope of the work was done under
the prior airport authority, okay.
MR. BROCK: That is correct.
COMMISSIONER HENNING: And I'm not sure if they had the
authority to approve a contract of such nature.
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CHAIRWOMAN HILLER: No, they didn't.
MR. BROCK: I think there is certainly a prima facia
representation that they had that authority. Whether or not they legally
had that authority is a totally different issue. But I think the ordinance
on its face attempted to give them the authority to enter into contracts
and engage in the management of the airport.
COMMISSIONER COYLE: I think that's right.
COMMISSIONER HENNING: I don't know. I don't recall the
MR. BROCK: I'm positive that's correct, and I'll defer to the
county attorney. And I bet he hasn't read it in as long a period of time
as I have. But I'm pretty sure that's correct.
COMMISSIONER HENNING: Madam Chair, if anything, I
think that we ought to direct our staff, airport staff, with the assistance
of the county manager, to determine how much dirt was excavated.
MR. BROCK: May I make a suggestion?
COMMISSIONER HENNING: Sure.
MR. BROCK: Okay. I have been informed by the party's
attorney that there is a mediation. I've also been told there's mediation
scheduled by the county attorney. I think the party's attorney told me
it was in a week or so.
MR. KLATZKOW: Friday.
MR. BROCK: Friday, okay. You might want to wait and come
out of that, because we have explored what the cost of doing the
as-built would be, and we have been led to believe that it would be
somewhere from 20- to $30,000 to accomplish that.
You know, all we're doing is relying upon people that are telling
us that information. You might want to and see what shakes out in the
mediation process. It may go nowhere, and at that point in time you
might want to give the county attorney, for litigation purposes, the
authority to then hire experts to accomplish that.
But wait and let -- if it was me -- I mean, you do what you want
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to do, Commissioners, but if it was me, I would let the county attorney
direct that process at this point in time since you, in fact, have
litigation going on.
COMMISSIONER HENNING: Yeah, and I didn't know that.
Do we have outside counsel on that?
MR. KLATZKOW: No. We're handling it internally.
COMMISSIONER HENNING: Okay. Yeah, I think that's
sound advice to wait until after the mediation.
MR. BROCK: And, you know, so everybody understands this,
including the party that was on the other side of the contract, all of the
records associated with our office, including our work papers and
everything else, at the end of today are public records and are
available for viewing. So they're context changes after today, so they
can come get them as well.
COMMISSIONER HENNING: Jeff, I do want to talk to you
after.
MR. KLATZKOW: Well, I'm going to need board direction, but
I'd like the board to finish your own conversations before I come back
to you.
COMMISSIONER HENNING: Yeah. The -- I'm not sure how
much discussion we should have considering --
MR. KLATZKOW: Well, I've got court-ordered mediation on
Friday, and I'm a little uncomfortable actually going through that and
coming up with a figure what I'm hearing -- after what I've heard
today.
CHAIRWOMAN HILLER: I feel the same way.
MR. KLATZKOW: I'd be more comfortable if the board would
direct me not to offer anything at this point in time and to investigate
further, through an as-built, the amount of fill that was actually taken
and proceed that way.
I'm not all that concerned with Quality Enterprises, you know,
quite frankly. I mean, they've always been a good contractor for the
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county. To start with, they're a local company. I'm more concerned
with the grant issue. And if this isn't done properly, perhaps, losing
future grants, and that's really what my focus is going to be.
CHAIRWOMAN HILLER: Well, I have a concern with a
statement made by the clerk in one of his slides on Page 35. In bold
print it says the potential for theft is present as a result of not properly
safeguarding the fill dirt. That statement is a very significant
statement.
MR. BROCK: Go to Page 31 on the slide.
CHAIRWOMAN HILLER: Thirty-five is the page that I'm
referring to in the packet.
MR. BROCK: And I'll show you why I made that statement. Go
to Page 35 on the slide -- 31 on our slide.
MR. OCHS: We can put it on the visualizers; faster for you.
MR. BROCK: I can do it on the visualizer if that will be quicker.
MS. GAYLORD: Thirty-five?
MR. BROCK: Thirty-one.
Okay. You see the end of the road there? That's right off of a
highway. There's no security on that dirt pile whatsoever. There's no
telling who could have come in there and taken dirt off of it. That was
the point we were trying to make.
l:n addition to that, we don't have any records that reconcile to
anything with regard to how much dirt had been taken. All of them
are different. What the airport authority gave us that they had ticked,
what they gave us in their reconciliation that they'd apparently worked
out with the contractor and the contractor's records all differ. So we
have no way of knowing.
We didn't say that theft occurred. We simply said that the
potential for theft was there. We have no way of knowing that
without doing much more than we have done.
MR. CURRY: And let me also comment that at one point there
was fencing to prohibit entrance into that area that was removed as we
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were doing construction on another building. At this time there are
safeguards put back in place to prevent free entrance and exits out of
that area.
Am I correct, Tom?
MR. VERGO: (Nods head.)
MR. CURRY: All right.
CHAIRWOMAN HILLER: Can you explain that again? What
period of time was the security removed from that location?
MR. VERGO: Good afternoon, Commissioners. Thomas Vergo,
airport authority.
The security fencing was removed with the start of the USDA,
what you would call the shell building where we actually did the
parking lot and shell of the building.
After -- at that point, that fence was removed from across the
road, and at that point there was free egress to that -- as you would
say, free egress to the pile.
MR. BROCK: That would have been at or about the second
change order?
MR. OCHS: Timing.
COMMISSIONER HENNING: On the USDA building?
MR. OCHS: Yeah.
MR. VERGO: It would have been somewhere around the time of
the start of the project.
CHAIRWOMAN HILLER: I would like to know specifically
when the gate was removed and how long the airport perimeter was
left open and then when it was placed back. If you could get me that
information.
COMMISSIONER HENNING: There's got to be some kind of
indication. I mean, you have staff over there all the time. I know it's a
big airport; however, I would think that you would notice a gaping
fresh pile of dirt missing.
MR. VERGO: That is correct. At no time did staff -- and I've
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spoken with all my staff that are there currently, and we had one staff
member transferred to another department, and none of them have
ever found any evidence of theft on the pile.
The day that Blue Water was -- did that truck sheet, we actually
stopped them. Staff saw a truck going down, and by the time we got
down there, we were able to prevent them from actually further
continuing to remove dirt.
CHAIRWOMAN HILLER: I mean, it should be easy -- I mean,
we should have more aerials that cover a span of time that should
show us what that pile looked like maybe from different angles that
would allow us to determine --
COMMISSIONER HENNING: Maybe a security camera.
CHAIRWOMAN HILLER: You had a security camera focused
on this location?
MR. CURRY: I'm not sure if it's focused on that location at all,
but we can tell who comes in and out of the airport.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Well, just -- Mr. Brock, do you
know what's the date of this aerial photo, about? Any idea? I'm just
looking at it, because it looks like there is some fairly fresh excavation
on it. I mean, that may not be the case, but it doesn't look like there's a
lot of weeds growing on some of that, which means, you know, if it
had been sitting there for a couple of years without activity, you
would expect to see some overgrowth; would you not?
MR. BROCK: Okay. The pile extends to the right and down.
COMMISSIONER NANCE: Yes.
MR. BROCK: The area where you see the fresh dirt --
COMMISSIONER NANCE: Yes.
MR. BROCK: -- that is the portion -- if you go to --
MS. GAYLORD: Megan Gaylord, for the record. In January of
2013 we went out there, again, for additional fieldwork, and the area
was completely grown over. We have additional pictures of that in
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our work papers if you'd like copies of them.
COMMISSIONER NANCE: Which means, you know, it had
grown over. In between the time the original work was done and the
time this work was done here, it had grown over.
MR. BROCK: Obviously. If you look at 31, you can see the
area here is grown over.
COMMISSIONER NANCE: Right.
MR. BROCK: This area is the area where the dirt was removed.
COMMISSIONER NANCE: Recently disturbed, probably not
more than one summer ago, because over the summer rainy period,
you'd expect that to grow over.
MR. BROCK: We have --
CHAIRWOMAN HILLER: It had to be recent based on what
you just said, because, Megan, if January 2013 showed that this was
covered with weeds, and at this point you see that it clearly has no
weeds then, obviously, the excavation had to be within less than 12
months.
MS. GAYLORD: In January of 2012, when we went out there
for the fieldwork, it had just been halted when we took our pictures in
December -- we took our pictures in December. In January, it was
halted. So the area not being grown over wouldn't be uncommon. A
year later everything was grown over and completely undisturbed.
CHAIRWOMAN HILLER: Well, that's because there was no
excavation.
MS. GAYLORD: So it appears that when they halted it in
January of '12, it accurately was halted.
MR. VERGO: Then to further explain or add to that,
Commissioners, the airport does also utilize the dirt for on-airport
projects. At this approximate time frame, we were also fixing some
drainage issues we had, repairing some drainage ditches, and filling in
a ditch that had been dug about a year ago, so --
CHAIRWOMAN HILLER: Are you saying that your staff was
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excavating that --
MR. VERGO: We've used portions of that dirt for on-airport
use.
MR. BROCK: There's nothing wrong with the grant or anything
else for that dirt to be used on site, okay. It is removing it from site
where USDA is going to come in and offset the amount of money they
gave you by what it was that you sold it for, assuming that it was sold
at a competitive price.
CHAIRWOMAN HILLER: Understood.
MR. BROCK: So they can use all they want. They used it to fill
in the pond, they used it for the berm, and they can use it for any other
thing that --
CHAIRWOMAN HILLER: Remains on airport property,
understood.
MR. BROCK: As long as it remains on the airport property, it
does not violate the terms of the grant or anything else.
CHAIRWOMAN HILLER: Commissioner Coyle would like to
speak.
COMMISSIONER COYLE: We should have LiDAR data for at
least two dates or two years during which this was -- this was taking
place which would tell us the changes in elevations. So I don't
understand why we don't -- do we have those, Leo? That's the first
question to ask. I'm making an assumption here, but we've flown
LiDAR for the entire county as far as I know.
CHAIRWOMAN HILLER: Isn't it through the --
MR. OCHS: That's true, sir.
CHAIRWOMAN HILLER: -- property appraiser's office that we
have the updated LiDAR? So -- and we've used that --
COMMISSIONER COYLE: And that's a very accurate
measurement. So that would give us some pretty good indications as
to how much might have been removed during that period of time.
MR. BROCK: Those are the things that we used, Commissioner.
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One of the things you've got to understand is when you take dirt out
of the hole --
COMMISSIONER COYLE: It's wet.
MR. BROCK: -- you put it in the pile. It takes a while to
compact. So we took the LiDAR -- I think it was LiDAR, right?
MS. GAYLORD: LiDAR and --
MR. BROCK: Yeah. We took those that you're referring to after
it had, in fact, sat there and compacted to determine how much was
taken out of the ground.
COMMISSIONER COYLE: Okay.
MR. BROCK: I'm sorry. Say that again?
MS. GAYLORD: Megan Gaylord, for the record. In our
estimates what we did is we used the maps. At the time the
construction was complete and prior to removal of any material by
Quality is how we got the approximate 203,000 cubic yards. We then
did a second estimate for current data to determine how much had
been removed, which is where the approximate 31,000 had come
from.
But the maps you're referring to were used at the appropriate time
periods to determine the answers to the questions, which is our
estimates.
MR. BROCK: But it was after it had settled when we took it.
COMMISSIONER COYLE: Yeah. Well, I understand why it
should be done that way. So that's good because that's a fairly
accurate estimate. The only thing that remains to be done is to get in a
boat and take some soundings in that lake and then calculate the
amount of fill that was apparently removed.
MR. BROCK: I don't think you need soundings. You just need a
pole. I don't think it's deep enough to require soundings.
COMMISSIONER COYLE: Well, whatever you need. It should
not be a very expensive thing for us to do.
MR. BROCK: Well, you know, I don't know how much it costs.
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I know what I've been told it cost, and it's a little more expensive than
what you would think. But price it. Get your staff to price it.
CHAIRWOMAN HILLER: Well, here's the thing. As you
pointed out, we have mediation coming up.
Jeff, how would you like to proceed?
MR. KLATZKOW: I've got court-ordered mediation coming up
on Friday. I would like this board to give me the following direction:
One, that I am not authorized to settle this at any price until I get a
chance to review this and come back to the board with better
information;
Two, I think it's important that we get this as-built done so we
know how much was actually excavated. So I'd like the board to
authorize me to work with Mr. Curry and Leo's staff, you know, to put
this out on the street and get somebody in there to tell us how much
dirt was removed.
Again, my concern is the possibility of losing federal grants
down the road. If we've got to reimburse the Feds for some of this fill,
we're going to have to start calculating. Now, not everything that was
removed there was removed off site, apparently. So, you know, the
mathematics on this are going to be difficult. But we have to start
with figure out how much was taken out, I need somebody to tell
me how much is left there, all right.
CHAIRWOMAN HILLER: And the difference is what's owed.
Very simple.
MR. KLATZKOW: And I think we're going to have to
reimburse the federal --
COMMISSIONER FIALA: It was used on the airport, too.
CHAIRWOMAN HILLER: No, no. That was counted.
MR. KLATZKOW: I think we're going to have to reimburse the
federal government for, you know, the fair market value of that dirt.
CHAIRWOMAN HILLER: Absolutely. So moved.
May I have a second?
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COMMISSIONER HENNING: I'll second it with an
amendment. Leo might have engineers on staff that can do the
estimates, and that would be the most --
MR. KLATZKOW: Yeah, that would be great if he does.
COMMISSIONER HENNING: Pardon me?
MR. KLATZKOW: That would be great if he does.
CHAIRWOMAN HILLER: And to the extent that he does, I
mean, that's incorporated into the motion, that he takes the least-cost
approach to get the measurement whether it's in-house staff or, you
know, an outside vendor.
MR. BROCK: In your dealings with USDA, may I suggest to
you, you've got another grant where you built the underpinnings of an
RV park in Immokalee.
MS. GAYLORD: That's not involved.
MR. BROCK: I understand. And then when you didn't finish it,
you went in there and tore everything out. This was grant money.
Address that issue with USDA as well. If you're going to address with
USDA the issues here, I think you need to address all of them, because
in the discussions we had with regard to the sidewalks and the little
overhangs, one of their observations was that if you're going to use our
money, there may, in fact, be a requirement that you go through the
process of maintaining it as well.
I don't know where that stands. We don't know that much about
that. But as we were taking pictures of the site that we are talking
about here today, you know, we saw all of these concrete things that
had been torn up from where they had started the RV park.
CHAIRWOMAN HILLER: I'm going to amend my motion to
add that requirement that you communicate with the USDA and --
MR. KLATZKOW: I'll need to work with Chris on this. And
my primary focus is that lawsuit. Look, there are so many rocks you
could pick up at the airport and look under.
CHAIRWOMAN HILLER: Understood. But if this is obviously
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a situation that they're aware of, then we need to be forthcoming with
that.
MR. KLATZKOW: I agree.
CHAIRWOMAN HILLER: So, again, I'm amending my motion
to direct the -- restating what I said before as amended, adding that the
county attorney work with the airport executive director to inform the
USDA of what has transpired with that second project related to the
RV park and request guidance from the USDA as to how to deal with
those improvements or removal of those improvements.
MR. BROCK: I have no idea what knowledge Chris has of the
RV park. I think that happened long before Chris was there but, you
know --
CHAIRWOMAN HILLER: No, you can assist him.
MR. BROCK: All I'm suggesting to you is that if you're going to
go to the USDA and try to get them to help you resolve the issue,
you're probably better off going in with open heart and clean hands.
CHAIRWOMAN HILLER: Oh, absolutely. There's no question
about that. So there needs to be full disclosures on all these issues to
the USDA and, you know, a request for guidance from them as to --
MR. KLATZKOW: Everything we know about it.
CHAIRWOMAN HILLER: Yeah. Just give it all. Give it all and
request guidance and whatever -- whatever comes of it, comes of it,
and we have to follow the law.
MR. BROCK: You know, Jeff knows, you know, if my staff can
be of assistance in any way, you know, we're here to help.
CHAIRWOMAN HILLER: May I have support for the amended
motion?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: Thank you.
Is there any further discussion on this?
(No response.)
CHAIRMAN COYLE: Does counsel want to come up and
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speak?
MR. BROOKER: I know nothing.
CHAIRWOMAN HILLER: No, you just want to sit there?
Don't you want to say anything to incriminate yourself? Everything
you say can and will be held against you in a court of law, so help you
God.
MR. BROOKER: I'll take Jeff s advice; no one says anything.
CHAIRWOMAN HILLER: I know nothing.
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.
Thank you very much, Clerk. We appreciate it. Could you please
stay for the next agenda item?
MR. BROCK: I forgot. I was fixing to leave. I'd forgotten about
that, but okay.
CHAIRWOMAN HILLER: Well, I just want you to know, if
you want coffee, we have it in the back, and it's really dark, really
strong, and I promise it won't put you to sleep.
MR. BROCK: Let's do it.
Item #10D
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DIRECT STAFF TO MEET WITH THE
CLERK OF COURTS TO DEVELOP AN ACTION PLAN FOR
COORDINATED FINANCIAL REPORTING IN ACCORDANCE
WITH GENERALLY ACCEPTED PRINCIPLES OF
ACCOUNTING (GAAP) AND RULES AS PROMULGATED BY
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ACCOUNTING STANDARDS BOARDS. FURTHER THAT
STAFF TOGETHER WITH THE CLERK, WORK TO ELIMINATE
OR REDUCE AS MUCH AS PRACTICABLE DUPLICATE
FINANCIAL FUNCTIONS. THIS WILL FACILITATE EFFICIENT
MONTHLY REVIEW AND COMPARISON BY OPERATIONS
MANAGEMENT PERSONNEL, AND PROVIDE USABLE
INFORMATION TO THE BOARD - MOTION FOR CLERK
STAFF AND OMB TO WORK TOGETHER ON A PROPOSAL TO
BE BROUGHT BACK — APPROVED
MR. OCHS: Madam Chair, the next item is 10D. It's a
recommendation that the Board of County Commissioners direct staff
to meet with the Clerk of Courts to develop an action plan for
coordinated financial reporting in accordance with generally accepted
principles of accounting and rules as promulgated by accounting
standards boards.
Further, that staff, together with the clerk, work to eliminate or
reduce, as much as practicable, duplicate financial functions. This
will facilitate efficient monthly review and comparison by operations
management personnel and provide usable information to the board.
This item was brought forward by Commissioner Nance.
COMMISSIONER NANCE: Yes. Based upon our improved
relationship with the clerk and other initiatives that we have engaged
with to be synergistic and be productive in what we do working with
the clerk, I thought it was in order -- and several people helped me
work on this executive summary -- to have the staff of the county
manager and the clerk and other relative managers get together and
work on making sure that we have coordinated financial reporting and
accounting, that being with a goal of reducing any duplication of
effort that may exist, trying to eliminate inconsistency in reporting
between different divisions, departments, and agencies and business
units, like our CRAs, our airports, so on and so forth, and making sure
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that all of these things import easily right into your Comprehensive
Annual Financial Report that we do each year.
If we can establish similar accounts across our different
operations, but we create subaccounts within our business units that
are relative to exactly what they do, this will have the ability to give
them great information so that they can review and compare what their
operations are doing on a monthly or year-to-year basis to help them
improve and not disturb what you have to do for your CAFR.
So I just thought that -- this is my suggestion, to take -- to have
people -- since we're coming up on our budget, take a look at what
everybody's doing and making sure that everybody's happy with the
way we're functioning and we don't have anything that we're
dissatisfied with.
MR. BROCK: I have absolutely no problem. I mean, you know,
I have been, I guess, to a certain degree, always puzzled that you-all
were able to operate without having some form of financial
information presented to you on a routine -- on a routine basis.
Now, that will require, obviously, that you define what it is
you're looking for in the reports. So through some workshop or
through some methodology, working with Leo's people, we can
prepare any report that you ask us to prepare.
And I'm assuming that, you know, once it's prepared, the
objective here is to ensure that, ultimately, it will tie back to the
audited financial statements.
We will have a uniform methodology in all of the agencies,
divisions, or sub-entities that you are dealing with as to how to
allocate such things as overhead when I read the report so that it
would be consistent so that you would know that you were looking at
apples to apples versus apples to oranges.
But this will require some work on your part, Commissioner, and
that -- or Commissioners, that will be you've got to tell us and your
county manager what information you're looking for and the
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methodology by which you want us to present it to you.
We will then do that with the understanding that, you know, no
work comes free, but, you know, we will take that into consideration
as we go through the process. And we would be happy to work with
Leo and his people and with the board to accomplish what it is that
you are looking for.
COMMISSIONER NANCE: Well, the first thing that's
necessary before you can do any of that is you have to have a
consistent accounting and reporting framework. Do we have that to
everyone's satisfaction?
MR. OCHS: Well, Commissioner --
MR. BROCK: Commissioner, we have a consistent accounting
framework that is premised in generally accepted government
accounting principles, which are the conventions promulgated by the
governmental section of the accounting profession for purposes of
preparing the financial statement. So that exists already. It's, actually,
not required by statute, but it's required by regs of the auditor general.
COMMISSIONER NANCE: Does it exist across all our
departments and business units?
MR. OCHS: Speaking for my agency --
MR. BROCK: I'm not sure what you're asking. But if you're
asking me, do we have financial statements for all of the separate
entities or units of county government, the answer to that is no, we do
not have that now. That's what I'm understanding you're looking for.
COMMISSIONER NANCE: No. I don't mean agencies of
government. I mean what's under the county manager. I mean, is
transportation using the same accounting framework as the CRAs, as
the airport? Everybody's using the same --
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: -- framework.
MR. BROCK: Right.
MR. OCHS: We all use the same financial management system,
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the SAP system. We worked jointly with the clerk of the courts
several years ago to design and specify that system.
All the financial reports from my agency in terms of budget and
finance reports all come out of that system. We have a uniform
structure of accounts and budgets and fund numbers.
COMMISSIONER NANCE: And those accounts, of course,
import right into the CAFR?
MR. BROCK: I think what you're having a little difficulty with
is, for instance, you have the airports.
COMMISSIONER NANCE: Right.
MR. BROCK: Okay. The airports are captured as the airport, all
in one. They're not broken out into each separate airport. Our system
is not set up to do that. We are capturing in conformance with general
accepted accounting principles that will roll directly into our CAFR.
So it's in that large airport classification.
Now, if you want to look at them individually, that takes a little
more work on our part. We will then have to break it down not just
into airports, but we will have to break it down into smaller
components, such as Marco and Immokalee, which is not done now.
But it's not going to be all that complicated, once we get it in place, to
do it. I mean, it's going to take some effort, but we can do it.
And then we would -- for example, you allocate overhead, okay.
You have overhead that works in Marco. Most of the administrative
offices are in Marco, but they deal with all of the airports. So there's
got to be some methodology by which you allocate some of that to
Marco Island and some of it to Immokalee, some of it to Everglades
City, and you've got to have a consistent method of doing that for it to
make sense to anyone reading the reports.
COMMISSIONER NANCE: Yes.
MR. BROCK: That's what I'm taking your objective as being.
COMMISSIONER NANCE: And they have to have it reportable
to them in a form that they can take it and analyze it and use it as part
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of their analyzing what they're going to do with their business.
MR. BROCK: We can get that. We've got that. We can deal
with that. We've just got to know that you want it broken down that
way.
COMMISSIONER COYLE: We get it already. Chris gives us
breakdowns by separate airports. So we get revenues and expense
reports for operating the business unit in each of those airports.
CHAIRWOMAN HILLER: Commissioner Coyle, hang on a
moment. Commissioner Henning was ahead of you. And, Crystal, if
you'd like to speak, I'll recognize you after Commissioner Coyle.
Commissioner Henning?
COMMISSIONER HENNING: The county manager is in
charge of setting up the budget every year. That's a separate item
besides SAP. Mark Isackson manages that; however, you can't set up
budgeting processes with the SAP. There's things in there in the SAP
that have nothing to do with budgeting, but it has to do with your
capital worth and stuff like that. So I'm not sure where you want to
go, Commissioner Nance, on that.
COMMISSIONER NANCE: Okay. Let me just give you an
example.
COMMISSIONER HENNING: But the SAP is a million-dollar
program.
MR. BROCK: Budging and financial reporting, you're talking
apples and oranges.
MR. OCHS: Apples and oranges.
MR. BROCK: One has nothing to do with the other.
CHAIRWOMAN HILLER: Nothing.
COMMISSIONER HENNING: Right. And that's basically what
I'm saying, so I just don't understand where we're going.
CHAIRWOMAN HILLER: Well, can I interject for a moment?
I think the issue is consistency, for example, in what the source
numbers are and consistency in terms of allocation as the clerk gave
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an example of, like overhead.
If my memory serves me correctly, there was an incident when
Coletta was running against Nance, and he stated that the airports
were profitable, and he generated a set of financial statements through
staff that didn't reconcile to financial statements that were reconciled
through the Clerk's Office. And part of the issue stemmed from the
fact that overhead allocations were done in a different fashion which
resulted in a different bottom line.
COMMISSIONER HENNING: Well, if a commissioner is
demanding stuff to look a pretty way, that's going to happen.
CHAIRWOMAN HILLER: Right, but --
COMMISSIONER HENNING: And I'm sure that's what
happened.
MR. BROCK: Not from me.
COMMISSIONER HENNING: No. Well -- and it wouldn't for
me either, you know. You've just got to tell it like it is, but -- I mean,
obviously, the reports that we have gotten from the airport over and
over shows that it's not profitable.
CHAIRWOMAN HILLER: Right.
COMMISSIONER HENNING: So somebody generated that
because a candidate wanted to get re-elected.
CHAIRWOMAN HILLER: Well, I understand, but here's the
issue --
COMMISSIONER NANCE: That's not the point of this agenda
item, excuse me. It's not.
MR. BROCK: The issue here --
CHAIRWOMAN HILLER: That's not the issue.
MR. BROCK: Okay. There was a discrepancy. Someone had
come to my office, okay, and asked us to pull numbers, and it differed
from numbers that Chris had given, okay. And we went through the
process at someone's request -- I don't know who it was, but somebody
came to us and asked us to look at the differences. And when we
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looked at the differences, the differences occurred for two reasons.
One, there was a timing difference in the capture of the data, okay,
and, two, there was a difference in the allocation methodology of the
overhead.
And as I understand what you are suggesting, Mr. Nance, is you
are asking for there to be a conforming methodology that we establish
for reporting all of this information that you are looking for from
whatever area that it is that you are looking for, in such a way that we
don't run into those problems in the future --
COMMISSIONER NANCE: Yes.
MR. BROCK: -- to avoid the controversy -- I understand it. I've
spoken to you. I get it. All it is, is it is breaking the information down
based upon the timing of the events to ensure that they show up when
they're supposed to and a uniform methodology for the allocation of
indirects.
You do that, then you don't end up with these inconsistent
reportings between the clerk and other people. And at the end of the
year, you're going to be able to look at what the clerk presents to you,
tie it back to the CAFR, and ensure from those audited financials that
you have gotten the information that you needed during the course of
the year and feel comfortable with it.
Now, that's what I understand that you are asking for.
COMMISSIONER NANCE: Yes. And, you know, if a business
unit goes in and creates a budget and they say, this is our budget, this
is our estimated revenue that we think we're going to get, these are our
estimated expenses that we think we're going to have, they should be
able to retrieve information as they go to see, are we -- how did we do
in the first three months?
MR. BROCK: Commissioner, that is a very --
COMMISSIONER NANCE: How did we do in the second three
months?
MR. OCHS: Commissioners, they can do that right now. They
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can do it right now.
MR. BROCK: Very simple.
MR. OCHS: They have immediate access to the SAP system.
COMMISSIONER NANCE: Okay.
MR. OCHS: Any day they want it, to track revenues and
expenses.
CHAIRWOMAN HILLER: So if I may make a suggestion. I
think we have several issues here. The first is is that we want the clerk
to prepare these informational interim financial reports on the county
divisions and have those provided to the board and to the county
manager on a certain schedule. We can state either monthly or
quarterly, as the case may be, which the clerk is able to produce?
MR. OCHS: Commissioner, if they're budget reports, we'll be
happy to produce whatever budget reports --
CHAIRWOMAN HILLER: Well, no, we need actuals. We need
MR. OCHS: Yeah, we have actuals.
CHAIRWOMAN HILLER: But, again, I just -- I just want to
know --
MR. BROCK: We do not have budget data --
COMMISSIONER NANCE: I understand.
MR. BROCK: -- other than we have the budget that we compare
to actual --
CHAIRWOMAN HILLER: Right.
MR. BROCK: -- whenever we make the expenditures. May I
make a suggestion to you, okay, and, you know, maybe cut this off,
shorten this process up a little bit.
You know, let Mark, your budget person, get with Crystal, the
finance director, and they will work out what it is that, in
communicating with you, you want, and we will go from there and
develop it in such a manner as you direct through your people and
mine.
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CHAIRWOMAN HILLER: I think that's an excellent
suggestion. So, basically, that Mark and Crystal get together, develop
options for us with respect to the type of reporting and the timeliness
of the reporting back to the board, and to Leo --
MR. BROCK: And you-all can define to Mark exactly what it is.
And, you know, don't attribute that brilliant idea to me; attribute it to
Mark. He's the one that suggested that and whispered it in my ear.
COMMISSIONER FIALA: That was nice of you to do.
CHAIRWOMAN HILLER: Genius, absolutely bloody genius.
COMMISSIONER COYLE: Madam Chair?
CHAIRWOMAN HILLER: Sorry. Commissioner Coyle wants
to speak.
COMMISSIONER COYLE: You're never going to get a
consistent report between divisions and departments because you have
some that are enterprise funds, some get revenues and they have
expenses, other departments don't have revenues, so to speak, but they
have a budget.
So what we should -- I mean, Mark can provide a budget
variance report every month that shows how people are doing against
their approved budget. It's not going to tell you a lot unless there's
some huge variances there, but -- and Chris and all the so-called
enterprise funds can provide you a more meaningful report about
revenues and expenses, but they're not going to be the same from
division to division, and it's not going to be uniform because their
functions are entirely different.
So -- but we've got all that stuff. It's here. Either the clerk's got
it, or we've got it and it can be produced in relatively short order. The
task is to get us to tell you what we want to see and how frequently we
want to see it, okay.
So, yeah, a budget variance report every month would be sort of
nice, but you're going to see it for a few months, and then you're going
to say, don't send me this stuff anymore. I'll review it on a quarterly
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basis.
MR. BROCK: You know, if you only want it one time, please
let's not go through this exercise, okay. You know, if it's something
that you will use -- and I don't know how you can operate something
the size of this county without having that type of information. But,
you know, if it's something you'll use, we'll put Crystal, we'll put
Mark together, we'll have them communicate with the board through
the processes that are available to do that to get the type of
information -- you know, the thing I think everyone would like to see
is we don't want conflicting reports simply because of such things as
an allocation methodology, as a timing issue of capturing. Those
types of problems create issues that don't really need to be here.
So as long as we all are dealing out of the same book or deck of
cards, you know, we're all okay. I mean, we can get the principles that
you want to see down, and one or the other of us or both of us in
conjunction with one another can provide that information to you just
the way you want it.
I simply ask you to begin thinking about and developing what it
is you want to see. Once you do that, you can communicate with
these two people, and I guarantee you they can do it.
COMMISSIONER FIALA: They need to work well together.
MR. BROCK: The biggest job is going to be defining what it is
you want to see.
CHAIRWOMAN HILLER: Let me make --
MR. BROCK: It's easy for us to put it together.
CHAIRWOMAN HILLER: Let me make a suggestion that we
begin by letting Mark and Crystal come back and make a suggestion
to us as what would -- as to what would be a reasonable time frame
and which reports would best serve our decision-making objective.
And then with that discussion we can decide if we want more or less
as a starting point, because you don't have --
MR. BROCK: We're going to have Mark and Crystal --
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March 26, 2013
CHAIRWOMAN HILLER: Correct.
MR. BROCK: -- come back and tell you --
CHAIRWOMAN HILLER: What they --
MR. BROCK: -- what you want?
CHAIRWOMAN HILLER: Yes.
MR. BROCK: Oh, okay. That makes sense, I guess, to
somebody.
CHAIRWOMAN HILLER: No, no. They are -- Dwight, believe
me, it is a good idea to allow them the opportunity to recommend
what best would serve us. They know what documents -- what reports
they have. They know on a timeliness, from a standpoint of time,
what would make sense because they see how the transactions are
processed and what period of time makes most sense to review,
whether it's a quarterly review or a monthly review. It may make
most sense for us to review it quarterly. I mean, monthly doesn't make
a whole lot of --
MR. BROCK: Crystal is over there shaking her head, so she
understands exactly what you're saying.
COMMISSIONER COYLE: That's what you've got to do when
you've got a board who doesn't know what they want. So that's the
only way to proceed. Have somebody come in and tell us.
CHAIRWOMAN HILLER: No. It's not that the board doesn't
know what they want; the board doesn't know what you guys are
doing out there because we don't see it, and that's what we're asking
for, to see what you produce.
COMMISSIONER FIALA: I want to get on to the next subject.
CHAIRWOMAN HILLER: I do, too.
COMMISSIONER NANCE: It's not that the board doesn't know
what they want. It's what the operations management needs, and it
depends on what the focus is of your operation department. If you are
a spending center, you're not making money. If you're a spending
center, you're going to want to know what your operations costs are
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and your cost of materials. If you're somebody that's an enterprise --
is trying to run an enterprise, like Mr. Curry, you're going to want to
know what your revenue is. You're going to want to know what your
operations expenses are.
Every one of these is different. So to go in and say, this is what
we want, no, you have to go to each operation by what their definition
-- what it is that they're supposed to accomplish. If they're supposed
to break even, they need to be able to back into those numbers and see
if they're doing it or not.
MR. BROCK: We'll do it.
CHAIRWOMAN HILLER: And that is exactly what Mark and
Crystal are going to develop for us and bring back a proposal that we
can hardly wait to see and we're sure we're going to accept.
MR. BROCK: They work very well together.
COMMISSIONER FIALA: I make a motion to approve.
CHAIRWOMAN HILLER: Oh, I love it. Can I have a second?
COMMISSIONER COYLE: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: We don't have, like, 25 public
speakers in the audience who want to talk to this?
COMMISSIONER FIALA: I think we've worked this to death
enough.
CHAIRWOMAN HILLER: Really?
Thank you very much, Dwight.
MR. BROCK: Am I needed for anything else? Hopefully not.
CHAIRWOMAN HILLER: Oh, we want you to hang around.
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March 26, 2013
It's so entertaining having you.
MR. BROCK: No, thank you.
CHAIRWOMAN HILLER: We'll just brew another cup of
coffee.
MR. BROCK: Thank you.
COMMISSIONER HENNING: I have some suggestions.
MR. BROCK: You have what?
COMMISSIONER HENNING: I have some suggestions.
MR. BROCK: Deductions?
COMMISSIONER HENNING: Suggestions.
MR. BROCK: Suggestions?
COMMISSIONER HENNING: I'll talk to you later.
MR. BROCK: Okay.
CHAIRWOMAN HILLER: Thank you very much.
And, Megan, thank you for all your work on these audits. You
did a great job.
Item #14A1
PRESENTATION BY AIRPORT AUTHORITY EXECUTIVE
DIRECTOR OF THE AIRPORT AUTHORITY'S PLAN FOR SELF
SUFFICIENCY IN RESPONSE TO FEBRUARY 26, 2013
AGENDA ITEM #14A1 DIRECTING THE AIRPORT DIRECTOR
TO BRING BACK A PLAN TO REDUCE OR ELIMINATE THE
ANNUAL FUND TRANSFER AND TO PAY BACK THE
COUNTY LOAN - MOTION DIRECTING COUNTY STAFF AND
CLERK'S STAFF TO WORK TOGETHER TO DEVELOP A PRO
FORMA ON MR. CURRY'S REPORT AND TO BRING THE
REPORT BACK TO A FUTURE BOARD MEETING —
APPROVED
MR. OCHS: Madam Chair, that takes us to Item 14 on your
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agenda. Item 14A1 is a presentation by airport authority executive
director of the airport authority plan for self-sufficiency in response to
February 26, 2013, Agenda Item 14A1, directing the airport director to
bring back a plan to reduce or eliminate the annual fund transfer and
to pay back the county loan.
Mr. Curry is here to present, Commissioners.
CHAIRWOMAN HILLER: Chris, can you enter a copy of your
agenda packet on the record for the benefit of the court reporter,
please?
MR. CURRY: Sure.
CHAIRWOMAN HILLER: You can do it -- once you're done
your presentation, you can just turn in your copy to her, and she can
introduce it as backup.
MR. CURRY: Chris Curry, executive director, Collier County
Airport Authority.
This plan has been tweaked just slightly from what was sent to
you this morning because I got some further confirmation on some
numbers through the Clerk's Office.
Okay. The task for me was to submit a plan to the Board of
County Commissioners to reduce or eliminate the annual fund transfer
and to pay back the Collier County loan.
This agreement for repayment was signed in 1995, and the loan
history includes an amount of $21 million to include interest.
As part of that contract, the payback provision applies if the
authority's income loss statement for the respective fiscal year proves
a net income status for the fiscal year.
This has been the pattern of General Fund transfer to the airport
over the past six years. As you can see, in 2007, we were up around
$765,000. You'll notice around Fiscal Year 2011, '12, and '13, we've
come down a little bit but sort of leveled in a way, too.
What I've annotated next to some of the years were some events
that occurred that didn't happen, for example, in 2011, 2010, for
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example.
One of the other things that is significant, as I go through this
presentation, you'll see how well Immokalee airport has performed
over the years, but it doesn't reflect in the General Fund transfer
amount, and the reason for that is because Marco Island airport has not
performed as well. But the reason that Marco has not performed well,
even though it generates positive revenue, is that, if you recall, we
were going through major airport projects. So when we were building
the taxiway, we had several runway closures and things of that type
that limited the operation of the airport. And that occurred Fiscal Year
2011 and in Fiscal Year 2012.
The strategy to reduce the liability on the General Fund did not
recently start, okay. We started that when I arrived at the airport. And
these are some of the strategies that we implemented. We established
landing fees at the Marco Island Executive Airport. On average, about
18,000 of new revenue in Fiscal Year 2011, and we are forecasting the
revenue to be around 25,000 for Fiscal Year 2013. This applies only
to aircraft wing 12,500 pounds and above.
In 2010, we did fair-market-value pricing through appraisals at
Immokalee and at Marco in 2012.
We also established an approved rates and charges that's
consistent on a yearly basis that increased by CPI in 2011. Prior to
that, the last approved rates and charges for the airport was in 2002.
We've increased the airport -- the aircraft operations at
Immokalee from 18,000 to 36,000 operations in the last two years.
These are landings and takeoffs. At Marco, we've increased it from
18,000 to 20,000, and Everglades City has remained relatively the
same.
We've also introduced a new stream of revenue with rental cars.
As you recall, Immokalee and Everglades City did not have a rental
car agency in the city, so we now have those established at the airport.
We've also built new facilities. We built the USDA building at
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Immokalee. There under a 10-year lease for $140,000 a year based on
fair market value.
We also had the jet turbine testing facility, Turbo Services, built
at Immokalee. Last year they had six months of operation and
generated approximately $47,000 in revenue; therefore, we're
estimating that they're going to generate 95,000 in a full year.
We developed partnerships with the Seminole Casino in
Immokalee. We've estimated that we supply 112 visitors per month
with 52 aircraft visiting the airport. We've also developed a strong
partnership with the Marriott and the Hilton at Marco Island.
For example, over the past week we had Emerson Electronics
that flew into the airport with six jets, basically pumped 6,500 gallons
of fuel in two days. Again, they flew into the Marco Island airport
because it was closely associated with the Marriott.
And we have marketed the airport to those hoteliers so that when
they have events, Marco Island is the airport of choice, the airport.
We've improved the infrastructure. We built a new taxiway at
Marco Island. We've expanded the apron and parking lot relocation.
Lease management, we've reduced airport responsibilities within
the leases. And personnel and equipment management, we've
increased efficiency by sharing personnel and equipment between
airports.
These are future strategies. One is to explore lease possibilities
for oil, gas, and mineral rights. We're aware that this type of drilling
is done all around the airport. The issue is that within the county,
Collier Enterprises normally owns the oil, gas, and mineral rights even
if they've given land away. But what we found out is that beneath the
Immokalee airport, Collier County owns the majority of interest.
Again, our attempt would be to put out a request for proposals, to
lease out the full acreage of the airport at $35 per acre first five years,
$50 per acre for an additional three years, and these leases are
generally paid up in advance.
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The royalty percentage is about 18 to 20 percent, and oil is
currently $92 a barrel. From what I've been told with talking to the
geologists, these oil wells can produce well over 20 years and pump as
much as 20 barrels a day.
We also want to implement a catering revenue agreement at the
Marco Island airport specifically. We have a lot of catering that occurs
with the business and corporate jets that serve the airport, and 15
percent of the revenue is more of an industry standard amount that the
airport should receive that we don't have an agreement in place for.
Next, we have the U.S. Army National Guard. Right now we
have a current lease for approximately 27 acres of property on
Immokalee. This agreement was signed in 2009. According to that
agreement, the rent is imputed when the National Guard starts to use
that acreage on the airport; therefore, when they use the 26.4 acres of
property, they're charged fair-market-value rent for that, because they
are a ground unit.
According to the agreement that the board entered into is that the
money will not be paid by the Guard, but it will come off the debt
that's owed to the county.
We have a current lease in place where the Guard has occupied
four acres of land for the last five years. In my opinion, to make that
lease compliant with the FAA, that amount should be imputed as well,
but that's not part of the agreement.
We always want to look at advertising revenue. We currently
advertise with the Seminole Casino. We also want to use
digital-screen advertising at Marco and Immokalee, perhaps look at
naming rights.
We want to look at the opportunity to establish seaplane bases at
Marco and Everglades City. It's a great opportunity to accommodate
more aircraft when you have limited land mass.
New hangar construction at Marco Island. The demand is
evident. We have people that's been waiting for hangars since the mid
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'90s. We would like to build that through public/private partnership.
We lease the land; we have a developer construct the hangars.
We also want to construct an aircraft maintenance flight school
facility at Immokalee. Well, we're getting to a point with the traffic
that in order to go to the next level, we need to have a professional
maintenance facility on the airport.
Personnel management. We want to consider contracting
landside opportunities at the airport; nothing within the fence to
jeopardize safety associated with the aircraft, but outside of the fenced
area.
We want to continue to improve customer service and improve
the infrastructure. We feel that the runway rehabilitation project will
give us a better opportunity to attract jet traffic.
These are the primary sources of revenue for the airport: Fuel
fees, land leases, aircraft parking fees, landing fees, hangar and
building leases, rental car fees, and grants. We understand that if
we're going to affect our bottom line, we have to increase our revenue
in these categories.
These are airport expenses, or the ones that are most significant.
Manpower. One of the reasons I wanted to mention workmans comp
as well, because in Fiscal Year 2009, we were paying a premium of
$28,903. This number was verified through risk management.
In Fiscal Year 2014, we're scheduled to pay $9,076. What this
tells me is that the airport is operating in a safe manner, employee
morale is probably pretty good because we don't have a lot of claims
over the past couple years at the airport.
Airport utilities has slightly decreased. The average yearly
expense for electricity between the three airports is $43,000. We're
looking to explore green technology, and we feel like we can cut the
cost, by adding LED lights, by 20 percent.
These are the latest fuel statistics at the Immokalee Regional
Airport. You can see that we're trending up from 2010. What I've
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done is take the most recent data that was available to me, which was
the months of January and February, and I compared them to the
previous years.
You'll see in 2010, in this Fiscal Year 2010, which is the year
before I arrived, we were selling 1,941 gallons of AvGas in 2010. As
you see through the years, that number has increased, and now we're
selling 3,569 gallons in January. That's an 80 percent increase.
In 2010, for Jet A, 4,887 gallons; 2013, 8,523. That's a 75
percent increase.
February, $1,660 -- I mean, 1,660 gallons; 2013, 3,942. That's a
140 percent increase.
In 2010, for Jet A in February, 4,961; in 2013, 7,585.
Took a look at Everglades City Airpark. The increase is not as
dramatic except in 2011, but we're still trending upward: 1,505 in
2010; 1,640 in 2013; 1,139 in February of 2010; 1,681 in 2013. An 8
percent increase in January and a 33 percent increase in February.
COMMISSIONER COYLE: Chris, let me stop you. Would you
go back there for just a second.
I'd just like to point out to the board that the 2013 figure is fiscal
year to date. That's five months worth of revenues and sales. And
you can see that if we're -- you know, we might be on -- or Chris
might be on track for being well over 80- and $90,000 in revenue at
this airport alone.
MR. CURRY: And that reminds me; thanks for the correction.
If you go back and look at the Immokalee numbers, what I did as well
from a revenue perspective is I tracked the revenue for the fiscal years
below. So for Immokalee in 2010 -- $298,211 in 2010, and 2012, as
you see the numbers steadily increasing, it's 376,648. And, again, the
237,607 is only for the first six months.
This number is not consistent with the clerk's numbers only
because the clerk's reports close out at the end of February, and I've
included -- actually, their report closes out in February, but it's slightly
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different; not significantly.
And with Everglades City as far as the revenue, you can see the
same, 57,834 in 2010; 2012, $76,514.
Next, I wanted to give you a preview of the land-lease revenue.
You can see in 2010 to 2013. Again, in 2010 we were receiving about
$41,189. In 2011, $71,766. 2012/2013, still up from 2010.
One of the things that happened in 2011 is that the airport was
receiving about $20,000 in revenue for farming. The farming was
taking place in close proximity to the runway. So they were growing
tomatoes and some other types of vegetation that were attractants to
wildlife, so they were attracting wild boars and deers and that kind of
thing.
So when it was time for the lease to expire, we were not at all
encouraged to continue to renew it. Because as the airport, you want
to make as much profit as you can, but you have to do it safely.
I took a look at some comparable airports, and these were the
qualifications. General aviation airports owned by city/county
government located within the State of Florida, and I took the Florida
Department of Economic Development benefit study, and I looked at a
range of airports that were between 6 million and $10 million of
economic benefit, and I evaluated 10 airports to see which airports
were self-sufficient.
As you can see, there's one that's self-sufficient; Valkaria Airport.
And the one distinguishing factor about this airport is that they have a
golf course on the airport, which I think contributes significantly to the
revenue stream for that airport.
COMMISSIONER COYLE: You've got a drag strip.
MR. CURRY: The other airports are not self-sufficient.
In conclusion, we want to continue to decrease the General Fund
reliance, we want to promote aeronautical business types, increase
base jet traffic, increase aircraft operations, build new hangars, and
explore seaplane base opportunities at Everglades City and Marco.
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We want to enhance current business partnerships with the
Seminole Casino, Marco Island, Marriott, and Hilton Hotels, chambers
of commerce, Collier County Schools, which does not have an
economic value but it's a much-needed relationship with the schools to
adapt them to aviation careers. And we also want to work with the
new office of business and economic development.
We want to continue to improve customer service outreach:
Speaking engagements, developing newsletters, develop
airport-specific website, regional state marketing. We want to
standardize airport leases, transfer building responsibility to tenants.
Old leases obligate airport to paying a percentage of electric costs,
landscaping, water bills, et cetera; those things that I don't think
should be under the purview of the airport to pay.
Personnel management. We want to continue to evaluate
personnel levels. The last study was performed by Collier County
Human Resources in 2011. We want to continue to share personnel as
needed. When I say that, if Marco Island becomes extremely busy,
we may use personnel from Immokalee. If Immokalee gets busy, we
may use personnel from Marco and so do we perform with equipment
as well. Fill positions as needed and look to contract landside
responsibilities.
Many airports have struggled during the recession. There's been
18 years of county reliance -- airport reliance on the county's General
Fund. Our challenge is to become safely self-sufficient.
This is the plan: Lease 50 acres of property within the next eight
years. That would contribute $217,800 in revenue. What I've used, in
a very conservative way, is the cost of land for aviation use, which is
10 cents per square foot.
We generally charge at this time 14 cents per square foot for
non-aviation. So if you look at that number of acres, if there's more
non-aviation use that's leased out, than the number of acres is less.
We want to increase operations by 50 percent at Immokalee
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within the next four years. We give us 100,000 in additional revenue.
We feel that we can increase operations by 50 percent because
we've doubled the operations in two years. So we've increased the
operations by 100 percent in two years. I don't think -- there's no
reason why we can't, conservatively, increase it by 50 percent in the
next four years.
We want to increase operations by 10 percent at Marco within
the next four years. Again, we've demonstrated that in the past two
years we've been able to increase it 10 percent. So, conservatively,
why should we not be able to increase it by another 10 percent in
double that time. That would give us another $10,000 in additional
revenue.
Again, what I failed to mention with Immokalee are the impacts
that we're quite aware of that involve Ave Maria, Seminole Casino
possibly expanding, and the new Arthrex facility.
We want to lease the land at Marco for hangar development. We
have three acres of property. If we lease the land, we can generate
$60,000 of revenue. The manufacturing facility that is currently out at
Immokalee, that's -- we earn $140,000 a year. The million dollars that
was advanced from the Immokalee development fund will be paid
back in approximately seven-and-a-half years; therefore, in 2021, we
can take that $140,000 and return it back to operational revenue for
the airport.
Again, those costs are estimated to be about $527,000, which is
enough at our current rate to become self-sufficient in about seven to
eight years.
I did not include possible revenue opportunities from oil, gas, and
mineral rights. Just to lease the land, if nothing is discovered, would
give us about $9,600 at least for the initial term of that lease.
The other revenue that I put into a category of $10,000 and below
that's also not included in that estimate is catering fees, tie-down fees,
landing fees, rental car revenue, advertising.
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Cost reduction. I mentioned utilities, how we could reduce the
electric with green technology. We would keep our workmans comp
premiums low. We would eliminate expenses. Thomas Vergo, the
airport manager, discovered about a month ago that the airport had
three telephone lines that had been in existence since 1995. The
airport's been paying $100 a month since 1995. So that's about
$18,000 to $20,000. I'm not sure how much more we may find as we
continue to internally audit ourselves.
Lease obligations. Again, we want to transfer some of those
responsibilities of paying electricity, water, and landscaping for
tenants that utilize the building.
Last but not least, the Florida economic development study. As
you know, this study is performed by the Florida Department of
Transportation, and the last study was done in 2010 for all the airports
in Florida. Since that study we've added two new facilities. Since
2010 we've built a new taxiway, apron expansion, and parking lot
location at Marco. All of this adds to the benefit of that study.
So in 2010 they estimated the Collier County economic benefit to
be $28 million. I would estimate with the additions that we're
somewhere around $36 million. There are 265 employees that are
working, based on this report, because of the airports.
Now, this may not be employees that work directly for the
county with airports, but they are employees that work at other places.
For example, when Emerson Electronics visited the Marco Island
Airport and they came in with five jets and approximately 40 people,
those people played golf at the local golf courses, they ate at the
restaurants in Marco Island, they stayed at the Marriott Hotel, they
may have gone on other excursions. Somebody else has a job outside
the airport to support those people that come into Collier County.
Total payroll of 7.7 million. Again, there's indirect impacts
associated with visitor spending and their direct impacts that are
associated with airport tenants and businesses, airport construction,
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management, operations, et cetera.
The end.
COMMISSIONER FIALA: Excellent.
CHAIRWOMAN HILLER: We have two -- we have one public
speaker. Commissioner Henning, would you like to hear the public
speaker, or would you like to comment first?
COMMISSIONER HENNING: No, I want to comment.
I think this was a great exercise to see where we are and where
we're going. And what I'm hearing is in another five years, the
operating -- the operation will be operational neutral potential, but
what I'd like for us to do is, in the future, use this as a starting point,
and anything additional, above and beyond what is anticipated, let's
check that off.
In other words, if we have more income coming in, let's check
that off of, okay, it's going to be four-and-a-half years, or if we have
an unanticipated expense, let's put that on as we move forward, just so
we know where we're at.
We never did address the capital improvements; however, what
has happened at the Marco -- or the Naples Airport, and it doesn't
bode well with some, is they have quite a bit of revenue that has to
stay at the airport, because that is, you know, the monies that was put
in there years ago, whether it be the city council gave them money or
not; that wasn't a loan.
And the proper thing to do is what we did, is recognize the 21
million is a loan when -- and I'm saying this very positively, and it
will happen -- when the airports become, as a revenue source, that
monies could be paid down.
So I want to thank you, and I actually want to make a motion that
we accept this report.
COMMISSIONER FIALA: I'll second that motion.
COMMISSIONER HENNING: And what the direction is, let's
use that as a point of -- let's add it to -- when things -- revenues come
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in more, let's check it off, and when expenses -- unanticipated
expenses -- let's put that in there, use that as a starting point of when
we're going to become neutral on the general operations of the airport.
Thank you.
MR. CURRY: Yeah. Commissioner Henning, I think you're
exactly right that the structure that the loan put together is one that's
fairly compliant with the FAA to avoid any issues associated with
revenue diversion, even though it is a slightly different structure.
COMMISSIONER HENNING: Right.
MR. CURRY: And I think that whether it's me or whoever
moves forward, I think that this should be listed in the goals as part of
the performance evaluation.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I would like to put something
up on the screen, because I've got a serious exception with this report,
and I want to tell you why based on information that I have. I would
like to have somebody put on the visualizer, if you could, Packet Page
356 off today's agenda, which is a part of the backup for 14A2. It's on
Page 356 of today's packet.
It's a report from Derrek Johnssen of the Clerk's Office. It's
airport authority profit and loss for Fiscal Year 2011. And the part
that I'd really like to look at -- and maybe you can zoom in on it, Leo
-- is the Immokalee Airport. I'm not really interested in looking at the
other two.
But I just want to make a few casual observations. There you go.
You can see -- go out just a little bit so everybody can see those
numbers on the right.
I spent a lot of time thinking about the airport. I'm very
concerned about it, and I'm very concerned about how we can get
better results from the airport. But I will tell you, if you look at the
numbers that you see before you for the Immokalee airport, you'll see
a business plan -- go ahead. I'm just waiting for you, because I want
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you to hear what I'm going to say.
MR. CURRY: Okay.
COMMISSIONER NANCE: You will see a business plan and a
mix of revenues and expenses that's never ever going to be profitable,
and let me explain to you why.
If you will look at operating revenues, you'll see they're about
640,000. Operating costs, the cost portion, under operating expenses,
are almost the same number. They're $637,000.
If you will add up your personal (sic) services and allocation of
administrative costs, oddly enough, they're $574,000. And all of those
three numbers are almost identical to your loss. Anybody that does
any business analysis will tell you that you have a mix of services and
sales here that are never going to be profitable. Your costs of
operations are exactly equal to your revenue, which means if you do
twice as much of what you do, you still don't make any money.
For example, if you go in here under this scenario, in order to
break even, you would have to double your operating revenue with the
same operating supplies and the same labor, or conversely, you would
have -- in order to break even, you would have to have the same
revenues with absolutely no operating costs whatsoever. You'd have
to eliminate all your costs together, or you could keep those two and
fire all your labor and eliminate all your administrative costs, and
you'd still only break even.
So how is it that we are going to take this and we're going to do
the same thing with fuel sales and landing fees? By your own
admission, you said in the last year you've doubled operations from
18,000 to 36,000, but are you going to -- how much money are you
going to lose this year? It's going to be very close. It's going to be
over a half a million dollars, isn't it?
MR. CURRY: I don't follow you. I mean, I'm at a loss. What I
did was I attacked the amount of money that we're deficient. And the
numbers that I gave you were very conservative, and I didn't add in
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probably another 80,000 worth of revenue. So I'm just -- I'm not
understanding where you're coming from.
COMMISSIONER NANCE: It simply doesn't add up. You're
not making any money selling fuel. You can see that by looking at it.
Your operating costs and your operating revenue are exactly the
same. If you double your fuel sales, you're not going to make a dime,
according to this. You've doubled your operations from 18,000 to
36,000. You're not going to make a dime.
MR. CURRY: Well, what I did was present you with a plan.
You can either -- you can either tell me that you agree with the plan or
you want me to go back and work on another plan. But I thought that
this plan was one that would get us where we needed to be,
self-sufficient in seven to eight years.
COMMISSIONER NANCE: Well, you're going to have to put it
on a ledger, because I don't see how it is mathematically possible for
that to occur. You're going to have to change the business mix of this
airport substantially to get anywhere near close to breaking even.
You're not going to be able to get a bigger truck and lose money on
every truck and get -- improve it. It's not possible with these numbers.
It is a mathematical impossibility.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: No, I wanted to wait until after Mr.
Matlock spoke.
CHAIRWOMAN HILLER: Okay. Commissioner Coyle?
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I -- Commissioner Nance, I
have no idea what you're talking about. I cannot follow those
numbers you've been throwing around on this chart. Could you just
pick one of these charts and walk us through what your point is?
COMMISSIONER NANCE: Okay. Look at the Immokalee
airport. The top number is the operating revenue.
COMMISSIONER COYLE: Okay.
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COMMISSIONER NANCE: It's 641,036.
COMMISSIONER COYLE: All right.
COMMISSIONER NANCE: Okay. If you'll drop down to your
operating expenses, drop down below personnel, that's salary; your
cost of operation is $637,414.
COMMISSIONER COYLE: Okay.
COMMISSIONER NANCE: Your cost of operation is exactly
the same as your revenue. So how are you ever going to make money
if you keep doing the same mix of business?
COMMISSIONER COYLE: There is not a linear relationship
between operating revenues and --
COMMISSIONER NANCE: And costs.
COMMISSIONER COYLE: Yeah.
CHAIRWOMAN HILLER: There is.
COMMISSIONER NANCE: There certainly is.
COMMISSIONER COYLE: No, you're not going to increase
personnel services.
COMMISSIONER NANCE: I didn't say personnel services. I
didn't touch personnel.
COMMISSIONER FIALA: Why are you yelling?
COMMISSIONER COYLE: That's included in operating
expenses.
COMMISSIONER NANCE: No, sir, it's one line. Operating
costs are separated from all labor and administration. It's 637,000.
COMMISSIONER COYLE: Personnel services, $304,685.
COMMISSIONER NANCE: Forget personnel, sir. Just look at
the operating -- the elements of operating costs are $637,000, and your
sales are 641,000. You can --
COMMISSIONER COYLE: Okay.
COMMISSIONER NANCE: If you double your revenue,
according to this same business plan, you're going to have to double
your operating expense.
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COMMISSIONER FIALA: Well, this was based on 2011, right?
COMMISSIONER NANCE: That's right.
COMMISSIONER FIALA: But yet, since then he's added
another building on there, which now brings in 140,000 a year; that
isn't on here. It doesn't take any employees to operate that. He's
going to be reducing the utilities. They're going -- he's going to allow
people who are leasing to pay their own utilities, plus he's going to be
receiving National Guard; although it will not be revenue, it will be
taken off the base price, and none of those are even figured in here, on
top of which, you cannot even begin to figure in how much Seminole
Casino will be operating at once they start building their facility.
So I think, you know, you're just -- you're not taking -- and, of
course, you don't know what it's going to be in the future just from his
report today.
COMMISSIONER NANCE: My point is this: If you didn't
spend another dime of operating expenses, if you had no other -- no
further expenses, and you did not increase your labor whatsoever
going forward, you would have to double your revenue. And how are
you going to do that when a substantial part of your revenue is sales of
a product with which you have a direct cost?
CHAIRWOMAN HILLER: May I comment on what you're
saying? I think the issue here is that the presentation that Mr. Curry
gave today doesn't present a pro forma. He has presented certain
options that potentially could be revenue generating without
identifying what those revenues might be. He has identified
expenditures that would have to be made by the airport, for example,
to make capital improvements without identifying what the cost would
be and nor did he address the potential maintenance or other costs
related to any new infrastructure put out at the airport.
The problem we have is we don't have an accurate picture. What
we really need is -- while you've put together a nice presentation with
some interesting ideas, we don't have an analysis that shows us with
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full consideration of all potential revenues and projected personnel
costs, operating costs, and overhead allocations where we will be at
the end of the road when we expect to see this debt go away.
So, unfortunately, it is impossible to draw the conclusion that the
analysis you have presented is going to get the county out of its $21
million debt position in the time frame that you anticipate.
So what I suggest is that we recommend that Mr. Curry go back
and do the pro forma that, you know, either supports his conclusion or
potentially ends up supporting the conclusion that Commissioner
Nance comes to that, you know, you basically have revenues and you
have variable expenses that run in tandem with those revenues. And
given that you have these fixed costs, you'll never be in a position of
getting out of the hole. And that is, essentially, you know, what this
financial, as we see it today, is suggesting.
So we cannot come to the conclusion, based on what you have
presented, given that there are so many holes with respect to the
numbers as they relate to the ideas, that what you are saying actually
can happen, although it's a good first step.
MR. CURRY: Well, this is a plan, and this was a plan to address
CHAIRWOMAN HILLER: Debt reduction --
MR. CURRY: -- Commissioner Henning's request.
CHAIRWOMAN HILLER: But with the plan you have to have
a pro forma. To merely suggest that, you know, advertising, you
know, through Seminole is going to generate revenues, it doesn't work
with a plan that is questioning what the time frame is for reducing
debt. We need a pro forma, and we need all the blanks filled in
because, otherwise, the idea is nothing more than an idea. And, quite
frankly, at that point I could put in zero.
I mean, there are also risk factors. Like, let me give you an
example. Salazar's building, the -- or I should say the building -- the
USDA building that he currently occupies, you know, we have an
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obligation to review his financial statements and tax returns annually
on behalf of the USDA.
MR. CURRY: That's not true.
CHAIRWOMAN HILLER: May I finish?
MR. CURRY: Okay.
CHAIRWOMAN HILLER: And the reason we have to do that --
and we're really obligated to do that is because if Mr. Salazar's gross
profit margin turns up to be in excess of one-and-a-half million, he can
no longer stay in that building, and that is --
MR. CURRY: That's inaccurate.
CHAIRWOMAN HILLER: My understanding.
COMMISSIONER COYLE: That's not true.
MR. CURRY: That's inaccurate.
CHAIRWOMAN HILLER: Is that an accurate -- that's what I
was informed of.
COMMISSIONER COYLE: That is not true.
CHAIRWOMAN HILLER: Hang on a second.
Ms. Kinzel, would you answer that?
MS. KINZEL: Commissioner Hiller, that was clarified by the
USDA, and that is not a requirement that they would be forced to
move out.
CHAIRWOMAN HILLER: Oh, really?
MS. KINZEL: Correct.
CHAIRWOMAN HILLER: Okay. Well, then I would have
appreciated if you could have informed the board of that when that
was determined. I apologize. I was not told that. The last I had been
told was that he would have to be -- he would have to be asked to
leave, which was of great concern to me, because I did not like to see
that building dependent on one tenant who, if he turned out to be
successful, would be required to leave, and then we would have to
find new tenants for that incubator. I'm glad that issue is off the table.
At the end of the day, we need a pro forma that supports your
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conclusion so that we can see idea by idea exactly what revenues you
anticipate generating, you know, what the effect on expenses are, and
what the bottom line is, you know, year by year towards that end date
where you say we are home free. But I can't determine that based on
the presentation you have put forward today.
COMMISSIONER HENNING: Madam Chair, I'm curious about
the differential of numbers from the Clerk's Office to what is reported.
And let's just focus on 2011. What -- 2011 what Chris is reporting is
the exact same number that the board adopted as far as the transfer.
So how does that correlate with -- I mean, it's a $100,000 difference,
Commissioner? We're talking a -- you're looking at --
MR. CURRY: Commissioner Henning, are you looking at the --
COMMISSIONER NANCE: Could you zoom out on this, Leo,
in this presentation?
I'll show you what this is. This is a profit and loss --
MR. CURRY: Is that the one that was sent yesterday?
COMMISSIONER HENNING: That's -- yes.
MR. CURRY: Okay. That was tweaked. That's the one that I
mentioned that some of the numbers were tweaked. Let me go back
and show you in the presentation.
COMMISSIONER HENNING: What is the revenue transfer in
2011?
MR. CURRY: That was the last number I got this morning from
the Clerk's Office that I made the adjustment that I mentioned. That's
the General Fund transfer.
COMMISSIONER HENNING: Same thing as we adopted in our
budget for 2011. We have a disparity, and I'm just trying to figure out
where the disparity is, and I have to go back to my agenda.
COMMISSIONER NANCE: Does this fund transfer include
allocation of administrative costs?
MS. KINZEL: Commissioner Nance, the page that's in your
agenda book includes an allocation of the FTEs based on those
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reporting to each of the properties, and then an allocation of the people
that administer to all of them.
COMMISSIONER NANCE: Yes.
MS. KINZEL: That's why we footnoted that.
COMMISSIONER NANCE: Yes.
MS. KINZEL: And it goes back to part of the issue of just
identifying what information you want, how you want it allocated --
COMMISSIONER NANCE: Correct. But what I'm saying is
that may be the difference in this --
MS. KINZEL: Correct.
COMMISSIONER NANCE: -- what Commissioner Henning is
looking at as a General Fund transfer. It doesn't include that sort of a
broken-out analysis.
MS. KINZEL: And, you know, that was 2011. We now have
2012. What I might suggest is, to fully explain the nuances, get with
Chris. Mark and I can get with him, go over -- and I understand what
you mean in the pro forma and, perhaps, we can help with that.
CHAIRWOMAN HILLER: That's a great idea. I really
appreciate that, because we do need the pro forma. We, basically,
need to take all the issues presented here, and they need to be
quantified with full consideration to the impact on payroll as well,
which will be a variable cost. Well, you know -- you know exactly
what to do.
MS. KINZEL: Yes, Commissioner. You have overhead, you
have payroll, you have --
CHAIRWOMAN HILLER: All of it.
MS. KINZEL: -- presumptions of increases in payroll or
decreases in payroll and benefits.
CHAIRWOMAN HILLER: Absolutely.
MS. KINZEL: All those things are factors that just need to be --
CHAIRWOMAN HILLER: Absolutely. All of that has to be
considered.
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COMMISSIONER HENNING: And that should have been a
budget adjustment. I just don't recall.
I'm going to remove my motion to accept the report, and I really
want to understand the difference.
MR. CURRY: These numbers that are part of this General Fund
transfer is consistent with the clerk's numbers.
COMMISSIONER HENNING: Okay.
MR. CURRY: The ones that appear before you right now, they
were verified first thing this morning. That's why they differ a little
bit from what I sent you last night.
COMMISSIONER HENNING: Yeah. And what you sent me
last night is -- for 2011 is the same thing, and I only focused on 2011.
This --
MR. CURRY: Yeah. For 2011 is the same, the same number.
COMMISSIONER HENNING: And I'm just looking at what is
presented in 2011. If we're not going to ever become -- the ability to
be fund neutral transfer, then I need to understand. I need to
understand this better.
MR. ISACKSON: Commissioners, what we can do, just picking
up on what Crystal said -- Mark Isackson with the County Manager's
Office, for the record.
If you'd like, we can take the report that Derrick put together, that
format, and then let's begin to look out five, six, seven years and that
type of format, based on some of Chris's information that he has in his
report, and then we can give you some information regarding the pro
forma aspects of that plan going out, and then we can give you a little
sense of reality --
CHAIRWOMAN HILLER: Absolutely.
MR. ISACKSON: -- with it.
CHAIRWOMAN HILLER: And what you need to do when you
create that schedule is, basically, on the revenue side, list, you know,
all the potential new sources of -- or all the potential sources of
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revenue with the forecast, and then on the expense side, you know,
identify the same because, obviously, with some of these new
activities, you're going to have new expenditures, so show the
correlation between the revenue and the expense so we can see,
basically, what the profit margin is for each of the suggested activities
so we can identify what makes sense.
COMMISSIONER FIALA: So, Commissioner Henning, you
pulled your motion. Do you want to wait until they come back with
that report; is that what it is? So just to continue for that report? Mine
was the second; that's why I'm asking.
CHAIRWOMAN HILLER: Yeah, that's fine. I just want to --
Crystal seems to want to interject on that discussion first.
MS. KINZEL: Just to help Commissioner Henning, I think the
difference between Derrick's report, if you look, it says total revenues.
I think Mr. Curry's looking only at the transfer from the General Fund
portion of his revenues. He would have other revenues that would be
a part of that.
CHAIRWOMAN HILLER: Can I make a suggestion?
MS. KINZEL: So -- to help.
CHAIRWOMAN HILLER: Rather than debate the details, what
I'd like to have the board receive from you is a reconciliation that
explains the difference clearly on paper in addition to the forecast so
everybody's on the same page, it's documented, and clear for
everyone.
Commissioner Fiala, you were talking about your second.
COMMISSIONER FIALA: Well, I just wanted to know -- my
second, of course, is lost when he pulled his first. But I was just
wondering if that's what he wanted to do was wait until he got more
figures in before we accept this report. So then there's no -- as long as
he feels that way, then there's no reason to make a motion to accept
this report until we get the new report in. Is that correct,
Commissioner Henning?
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COMMISSIONER HENNING: Yeah, we want more
information. I mean, if you're going to have substantial increase of
revenue from fuel sales, there's a potential of -- your salaries are going
to change, or your labor to deliver that fuel. So, anyways.
CHAIRWOMAN HILLER: There are so many potential
relationship considerations between revenue and expenses that we
have to let them sit down and work through the numbers and, like I
said, just come back with a pro forma.
I'm going to make a motion that we --
MR. OCHS: Madam Chair, you did have a registered speaker.
CHAIRWOMAN HILLER: I still want to make a motion.
COMMISSIONER FIALA: Mr. Matlock?
CHAIRWOMAN HILLER: I'm very aware that Mr. Matlock
wants to speak.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: But what I wanted to do right now
is make a motion that we direct Mr. Curry, Mr. Isackson, and Mrs.
Kinzel to work together to basically pro forma the suggestions
presented in Mr. Curry's report and determine, you know, at what
point in time that debt will be settled.
COMMISSIONER HENNING: I'll second if you amend it. We
can't direct the clerk.
MR. OCHS: Yeah, direct the county manager, please.
COMMISSIONER HENNING: We need to direct the -- and also
we need to direct the county manager to work with --
CHAIRWOMAN HILLER: Sorry, sorry, forgive me.
COMMISSIONER HENNING: No, don't be sorry.
CHAIRWOMAN HILLER: I've got to wipe that from my list.
Oh, my God. I could end up in jail for saying that. Slap me on the
hand.
COMMISSIONER HENNING: I'd like the --
CHAIRWOMAN HILLER: No. Seriously, let me amend that.
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Yes, county manager. And, no, we can't direct the clerk. So, you
know, refining the motion, we're begging the clerk to please help
them.
MS. KINZEL: I think Mr. Brock indicated our willingness to
help you reconcile these financial matters.
CHAIRWOMAN HILLER: So the motion is to basically request
that the county manager direct staff to work with the executive
director of the airport and ask the clerk for their assistance in
compiling the pro forma based on the presentation today with the
objective of showing at what year that debt will be paid off, also to
provide a reconciliation based on the discussion before the board
between the various current payoff or basically -- yeah, I guess,
annual --
COMMISSIONER NANCE: Profit and loss.
CHAIRWOMAN HILLER: -- well, annual profit and loss as
compared to be General Fund contributions and reconcile the two.
Also, as a final note, to make sure that in all analyses, when any
assumptions are made, that they are footnoted and clearly explained so
we understand, you know, what assumptions are being made with
respect to every line item presented when assumptions are made.
Can I have a second?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Thank you.
We have a public speaker.
MR. MILLER: Your registered speaker for this item is Fred
Thomas.
MR. THOMAS: I'm getting very old for this kind of stuff.
I'm here with the hat on of the governmental affairs chairperson
for the Immokalee Chamber of Commerce. And I listened to
everything that you-all were saying, but I think there's some things
that you need to recognize.
We have to have a certain amount of staff at the airport. That
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staff can handle a whole lot more fueling of aircraft. And Chris Curry
-- Chris Curry can probably tell us how much -- how many more
airport -- airplane fillings of gas can be handled by that existing staff,
okay. That's number one.
But more importantly, you need to know about the future of that
airport. Now that the governor and the state legislature understands
they don't want to lose almost a million-and-a-half revenue every year
by allowing competition for the Immokalee casino over in Lee
County, the Seminole tribe is going to invest a one-and-a-half --
what's it, one-and-a-half? I can't remember the exact number -- and
build a 22-story hotel along with a new hotel over in Hollywood,
because they understand that we don't seem to understand is that a big
hotel in Immokalee makes Immokalee the number one tourist
destination point in the United States.
COMMISSIONER HENNING: I thought you said it was
already.
MR. THOMAS: I know it's already, but when we get the hotel
built, we'll have all of the --
COMMISSIONER HENNING: And maybe in the world.
MR. THOMAS: Not unless they copy Dubai and put in a ski
slope.
CHAIRWOMAN HILLER: When is this hotel going to be built?
MR. THOMAS: They're going to start building it within this
year, within this year, and it won't take that long to build it.
CHAIRWOMAN HILLER: And how big is it?
MR. THOMAS: Twenty-two stories.
CHAIRWOMAN HILLER: How many rooms?
MR. THOMAS: I don't know how many rooms in that one. But
in the other one that they're supposed to start building later on this
year is going to be a two hundred -- four-story, 200-bed hotel, and
there's already a relationship between the Immokalee Water and
Sewer District and them to provide water and sewer to that particular
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facility so that we will have that kind of a benefit.
And I'm sure that they can handle a whole lot more aircraft with
the same staff giving them fuel and whatnot to make that kind of thing
happen, okay. So that's one thing we've got to be -- got to consider.
The other thing that we've got to be mindful of is this: That
every community, if they can't produce everything they want and need
in their community, must have something the rest of the world wants.
And tourism seems to be our kick right now since we lost out to
NAFTA and lost our vegetable control, but we've got a group of
farmers that have gotten together and realize that some things that
can't be done in Mexico can be done in this country by bringing this
stuff here, and we've got people coming down looking to put in
canneries and frozen food operations right here in Immokalee.
And Arthrex is the greatest thing that could happen over at Ave
Maria to make things happen the way we need them to happen in this
area.
So we become your industrial hub that every community wants
because we don't need all the services back in Texas that residential
want. And we need to be supportive.
And this outstanding young man that's forward thinking is going
in the right direction. We need to get the support of everybody.
And the other thing is, we need to copy Lee County and get rid of
impact fees so that we can get other industrial hubs developing here.
I'm going to say it again, we need to copy Lee --
COMMISSIONER FIALA: Your time has expired, Fred.
MR. THOMAS: -- and get rid of impact fees.
CHAIRWOMAN HILLER: Fred, Fred, Fred?
MR. THOMAS: I got time right there.
CHAIRWOMAN HILLER: Fred? I made a motion that we do
that --
MR. THOMAS: Okay.
CHAIRWOMAN HILLER: -- with the old board --
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MR. THOMAS: Okay.
CHAIRWOMAN HILLER: -- I was voted down 4-1.
MR. THOMAS: That's the old board.
CHAIRWOMAN HILLER: Now we've got a new board, amen.
MR. THOMAS: We've got a new board.
COMMISSIONER FIALA: What happens if your taxes go up
because --
CHAIRWOMAN HILLER: They don't need to go up.
MR. THOMAS: Excuse me, excuse me, excuse me. You
brought up taxes.
COMMISSIONER FIALA: Well, that's another subject. That's
another subject.
CHAIRWOMAN HILLER: Fred?
MR. THOMAS: The average millage rate across Collier County
is 14.6. In Immokalee it's 16.2.
CHAIRWOMAN HILLER: Fred, notwithstanding some of the
things you said in the past, I still love you, but your time is up, and
this is not on the agenda. So come back and talk next time.
MR. THOMAS: Okay. I'll wait for next time.
CHAIRWOMAN HILLER: Nice ideas. See ya.
COMMISSIONER FIALA: Now, the great thing about -- my
turn to speak, I guess --
CHAIRWOMAN HILLER: Yes.
COMMISSIONER FIALA: -- the Seminoles, first of all, if they
say they're going to start building next year, they're not kidding. They
don't need our approval to build anything. They don't need any
zoning to build anything.
MR. THOMAS: No impact fees, nothing.
COMMISSIONER FIALA: They're their own sovereign nation.
They don't have to get anything. They don't have to do anything at all
with government approval. They can approve their own, build their
own, inspect their own. They have no zoning, no inspections, nothing.
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So they can put that building up pretty quickly. They can negotiate
on their own. So if he tells me that building's going up, I'm going to
take that one to the bank because I believe that, and I think that's a
great thing.
Second thing, I think Immokalee is just waiting to happen, and I
think Chris is leading us there to success. I'm thrilled about it. I can
hear that maybe there's somebody here on the dais that doesn't want to
see that airport succeed, but I think -- Commissioner Henning, I could
hear it in his voice, he wants to see it move forward. I could just hear
him -- his encouraging words. I think that the Clerk of Courts wants
to see them succeed because -- a few things that he said on the dais, I
could actually hear he wants to make sure that this moves forward.
I'm excited about that. They'll work together to come up with these
figures.
You know, folks, these airports, maybe you don't see all the
revenue they turn over on the bottom line, but you don't see all the
revenue they generate that's beyond the airports, whether it be for
tourism, whether it be group travel, whatever, you know, there's a lot
of money generated from each and every airport, and we're not taking
that into consideration.
I am wholeheartedly behind Chris Curry and these airports. So I
want to do everything I can to encourage rather than discourage. We
should be a board that is encouraging rather than discouraging things
from taking place. Thank you.
CHAIRWOMAN HILLER: Thank you, Commissioner Fiala.
Commissioner Coyle?
COMMISSIONER COYLE: Wait a minute. Yeah, I want to
echo Commissioner Fiala's position. I thought Commissioner
Henning's guidance was pretty clear. He asked Mr. Curry to bring
back a plan, a plan, to reduce or eliminate the annual fund transfer and
to pay back the county loan.
Chris Curry brought us a plan. It was specific enough that he
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could identify additional revenues and additional fuel sales for every
year and, furthermore, to show historical improvements over the past
three years. And now we refuse to accept his plan because somebody
comes in with a profit and loss statement that's two-and-a-half years
old that does not recognize any of the improvements in airport
operations that have occurred over the past two-and-a-half years?
That's outrageous.
It's shocking that we continue to try to undermine the best airport
director we have ever had in Collier County.
Maybe there is a plan to make sure we cannot make this thing
work. But unless we start treating our employees a little more
professionally and make sure they understand how much we
appreciate them, you can be absolutely sure that that loan will never
be paid back.
So I just think it's outrageous that we don't accept Chris's plan
because of a two-and-a-half-year-old profit and loss statement that
doesn't take into consideration any of the improvements that have
occurred since Chris has been here.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yeah, Mr. Curry, could you
possibly put one of the last frames that you had up on the screen,
please? The one that has different years.
MR. CURRY: You can tell me when I get there.
COMMISSIONER NANCE: Keep going.
MR. CURRY: That's it.
COMMISSIONER NANCE: Where's the one that had the
different -- the 2011/2012, the one Commissioner Henning was --
COMMISSIONER HENNING: That was towards the front.
COMMISSIONER NANCE: Towards the front? I'm sorry.
MR. CURRY: With fuel or with land or General Fund transfer?
COMMISSIONER HENNING: No, the fund transfer.
COMMISSIONER NANCE: Fund transfer. There it is right
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there. There are your results right there, Commissioner Coyle. Mr.
Curry is predicting a fund transfer of $511,000 for 2013 and $527,000
for 2011. So how have things gotten so great. Where's the difference?
Okay.
He said he doubled the amount of airport operations, landings
and takeoffs, from 18,000 to 36,000. Show me a difference.
COMMISSIONER COYLE: I could show you the difference of
$765,400 from FY2007 to FY2013 of 511,000. That's an
improvement.
COMMISSIONER NANCE: All this improvement that you're
saying happened in the last two years, show it to me. Nothing has
changed. We are exactly using the same amount of money we have,
and that's because the profit-and-loss statement shows the mix of
business, operating revenues and operating costs, are very, very close
to being -- losing money the more volume you do. You're very, very
close to that at the Immokalee airport, and that's the one I'm concerned
with. I'm not concerned with Marco. I'm not concerned with
Everglades. I'm only concerned with Immokalee.
COMMISSIONER COYLE: Well, I'm concerned about all the
airports.
COMMISSIONER NANCE: And that's where it's at. So if you
want to see results, there are your results. There is not -- this plan has
got to be fleshed out. And if you don't substantially change the
business mix, you're not going to get different results. Your costs are
the same as your revenues. That's never -- you know, you can't lose
money on an item and get a bigger truck and change that, and that's
what we're asking him to do with this business we have here.
We have to have a business mix that's going to have a lot more
capital infrastructure, or it's going to have to have a different business
mix that's going to bring in different revenues in a different way or
we're never, ever, ever going to make this thing profitable, ever.
We're wasting our time.
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COMMISSIONER COYLE: And you're ignoring all of his
projections for the future.
COMMISSIONER NANCE: His projections will not add up to
anything. They can't unless there's a substantial change. He's just
saying he's going to do more of the same thing.
COMMISSIONER COYLE: Let me tell you something. You
cannot sell gasoline at a profit and go broke.
COMMISSIONER NANCE: We are doing it somehow.
COMMISSIONER COYLE: No, we're not.
COMMISSIONER NANCE: We sure are.
COMMISSIONER COYLE: You're not going broke --
CHAIRWOMAN HILLER: Gentlemen?
COMMISSIONER COYLE: -- and you're doing a lot better than
you ever have been in the past --
CHAIRWOMAN HILLER: Gentlemen, let me --
COMMISSIONER COYLE: -- and that is directly contrary to
the position you've been trying to take about this airport that's saying
it has been managed the same as it has been managed for the last 10
years.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER COYLE: That is fundamentally false and --
CHAIRWOMAN HILLER: I'm going to call the question.
We've had plenty of discussion on this matter. I appreciate the input
of all members of the board. A forecast will be brought forward,
reconciliations will be provided, all assumptions will be noted. We
have a motion and a second on the table.
All in favor?
Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
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March 26, 2013
COMMISSIONER FIALA: I'm opposed because I think he
brought back the plan that we had asked him to bring back.
CHAIRWOMAN HILLER: So the motion --
COMMISSIONER FIALA: We're asking for something new
now.
CHAIRWOMAN HILLER: The motion carries 3-2 with
Commissioners Fiala and Coyle dissenting.
MR. OCHS: Madam Chairman, I believe our court reporter's
about ready for another break.
CHAIRWOMAN HILLER: Really? I had no idea. I wonder
why. No. In all fairness, she absolutely deserves and needs a break,
so we'll reconvene at 5: 15.
And just for the benefit of the board, we have Items 14A2, we
also have Item 11D which addresses the salary classifications for the
Board of County Commissioners, and then we have 11E and F, which
-- and G which relate to the TDC funding of the new positions and to
the Pelican Bay Services Division, and then lastly we have 9A, which
is the small-scale amendment to the Golden Gate Area Master Plan.
MR. OCHS: Ma'am, that has been continued further to --
CHAIRWOMAN HILLER: Was it? Oh, I'm sorry.
MR. OCHS: -- April. Yes, ma'am.
CHAIRWOMAN HILLER: Oh, I'm sorry. You're right. My
mistake. Forgive me. So basically we have one, two, three, four, five
more agenda items ahead of us, and we will complete them today.
Back in 10; 5:15.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRWOMAN HILLER: Mr. Dorrill, thank you very much to
agreeing --
COMMISSIONER FIALA: She smashed it.
CHAIRWOMAN HILLER: I know. I almost split it in half. It
was fun, actually.
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March 26, 2013
Thank you very much for allowing 14A2 to proceed ahead of
your item, even though you had a time-certain at 4:30. We appreciate
it.
So the next item, then, will be 14A2.
Item #14A2
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE COLLIER COUNTY
AIRPORT AUTHORITY, MAKE A DETERMINATION
REGARDING THE RENEGOTIATION OR EXTENSION OF THE
AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S
EMPLOYMENT AGREEMENT WITH THOMAS C. CURRY -
MOTION TO EXTEND MR. CURRY'S CONTRACT TO 2014
ALLOWING FOR RESULTS — FAILED; MOTION NOT TO
EXTEND MR. CURRY'S CONTRACT ALLOWING FOR THE
TERMINATION OF CONTRACT — APPROVED
MR. OCHS: Yes. Madam Chair, it's a recommendation that the
Board of County Commissioners, acting as the Collier County Airport
Authority, make a determination regarding the renegotiation or
extension of the airport authority executive director's employment
agreement with Thomas C. Curry. This item was brought forward to
the agenda by Commissioner Nance.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. One of the provisions of Mr.
Curry's contract, which we talked about earlier this year, calls for a
180-day notice of intent to renegotiate his contractual employment
agreement or allow it to expire without renegotiation.
I was reminded by Mr. Klatzkow upon my inquiry that this BCC
meeting date, March 26th, is the last scheduled meeting prior to the
deadline of giving Mr. Curry his answer, which would be on April the
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3rd.
As recently as the last meeting, the Board of County
Commissioners, acting as the airport authority, directed staff to put out
an FRP (sic) for a consultant to look at all the options and alternatives,
including separation and/or including a lease sale of the Immokalee
and Everglades City airports and the Marco airports to come back to
the board to give us all the options that we have for dealing with our
airports going forward with the goal of providing acceptable public
service, minimizing short-term operational costs, and maximizing the
economic development potential of the Collier County airport assets.
As such, we are at a point where we have to determine whether --
in my view, whether we need to retain the position of executive
director of the Collier County airports or how we're going to move
forward, because we are at a deadline, and this board has to make that
determination today one way or the other.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Thank you. That isn't how we
treated the contract in the past. In fact, the recent past of last year,
there was nothing there to renegotiate or give any indication.
We -- Jeff, help me out. Basically, on -- in Section 2(B), we used
that provision of, you know, saying either or both parties can extend
the agreement with or without reason or cause or not to extend it
without cause.
So the 180 days didn't happen in the previous year, previous
time. Whether we had -- we never gave any indication that it was
going to be renegotiated, but it was renegotiated. It was renegotiated,
and then also a CPI was given.
And I don't know if we have to really make that decision;
however, what I'm looking for is if we have to tweak the goals and
objectives become self-sustaining at least on a budgetary transfer,
that's what I'm looking for from Mr. Curry.
And if the numbers -- if we can tweak the numbers or we have to
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do something else to get there at a reasonable time, I'm looking
forward to Mr. Curry doing that; otherwise, I think that we ought to
have somebody else do that.
Jeff?
MR. KLATZKOW: Let me put this on the monitor so
everybody's on the same page. This agreement has a little history
that's unusual in that some time ago, we'll call it the old board,
because that's what everybody's calling it, elected to extend the
agreement. There was a reconsideration, and that extension was, in
essence, revoked, and we went back to the existing agreement, which
is -- the applicable provisions are on here. And whether or not the
revocation will be enforced, that's down the road should we get there.
What Commissioner Nance is referring to is Section 2(C). It's
more of a courtesy to Mr. Curry where the board is giving him six
months' notice saying where the board -- we prefer that the agreement
expire without renegotiation. That does not mean that the board,
during the six months' time, can't extend it or renegotiate it or
whatever. It's just giving Mr. Curry notice that it's our intent at this
point in time that we don't think we want to retain this relationship.
It allows Mr. Curry to seek other employment, if that's his want,
and that's the purpose of the provision. So, yes, it is timely right now.
This is the last meeting that you have as the airport authority to be
able to give this notice, but that does not mean that it ends the
relationship. The parties can always extend it down the road.
COMMISSIONER HENNING: Extend it or not extend it at
April 30th -- or I'm sorry, September 30, 2013.
MR. KLATZKOW: Yes, sir.
CHAIRWOMAN HILLER: So to clarify, because it does
provide that the employee shall be given this notice, if the notice is to
allow the contract to expire, if between now and expiration of the
contract the decision is made to extend, we can obviously do so if Mr.
Curry agrees or, alternatively, if the decision is made to expire and no
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further action is taken, then at the end of this contract, on September
30, 2013, the contract is terminated and Mr. Curry no longer is the
executive director of the airport --
MR. KLATZKOW: Yes, ma'am.
CHAIRWOMAN HILLER: -- is that correct? Okay.
COMMISSIONER FIALA: Do we have public speakers?
COMMISSIONER HENNING: Before we get to the public
speakers, being that it's said, I don't think we need to make any
decision at this time; therefore, is there a recommendation on this,
Commissioner Nance?
CHAIRWOMAN HILLER: Well, I guess -- I'm not sure that's
correct, because it says the employee shall be given notice of the
authority's intent either to renegotiate or allow the agreement to expire
without renegotiation. It says we will tell him whether it is our intent
to renegotiate it September 30th or whether it is our intent to let it
expire without renegotiation.
COMMISSIONER HENNING: Okay. I understand what that
says, but also look at B. I think you use either provision whether to
extend or not to extend the contract.
MR. KLATZKOW: Commissioners, you could extend the
contract at any time.
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: It's between you and Mr. Curry.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: This is just -- this is -- the provisions are
really there as a courtesy to the employee so that the employee can
gauge the sentiment of the board. It allows the employee the ability to
find other work over a six-month period.
COMMISSIONER HENNING: And all I'm -- and I'll reiterate
what I said was, I'm looking forward to Mr. Curry coming out with a
sound plan to become revenue neutral.
CHAIRWOMAN HILLER: Yep, but that's not the issue here.
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COMMISSIONER HENNING: And that's not going to happen
today, so I'm going to count on Provision B and not Provision C.
CHAIRWOMAN HILLER: We have an affirmative duty based
on that sentence in C to tell Mr. Curry today whether it is our intent to
renegotiate his agreement at the end of September 30, 2013, or not.
That does not bar us between now and September '13 from deciding to
renegotiate if we decide not to as of today.
So when Mr. Curry comes back to satisfy your concern, if he
comes back with what you consider an acceptable plan and you
believe he has the ability to execute, at that point in time, if the
decision is made not to extend as of today, you have the ability to
make the motion to extend or to accept, you know, negotiation of an
extension at that point in time.
You're not barred from renegotiating an extension to his contract
when he presents, but you do have to give him notice today if you
have any thoughts in your mind that as of September 2013 you might
not renegotiate it.
So in fairness to him, if the decision is not to renegotiate, he
ought to know, and we can provide the caveat that, you know, during
that six-month period if situations change and it does make sense to
extend, that the board will extend it.
So you're not barring yourself, but you do have to act based on
the way this contract was written.
Is that correct, Jeff?
MR. KLATZKOW: Yeah. The agreement allows you to extend
the agreement, which the old board did, and then it was reconsidered.
So that time period has passed. This is sort of like a second bite at the
apple, I suppose, where you're telling him your present intent whether
or not you want to renegotiate.
CHAIRWOMAN HILLER: But we still have the ability in the
next 180 days, if the decision is made not to renegotiate, to choose to
renegotiate?
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March 26, 2013
MR. KLATZKOW: Absolutely, ma'am, yes.
CHAIRWOMAN HILLER: So it's not that if the decision is to
give notice now not to renegotiate, that that bars any future
renegotiation pending whatever happens in the next six months?
MR. KLATZKOW: It's a courtesy to the employee.
CHAIRWOMAN HILLER: Uh-huh. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I mean, it's pretty clear how I
feel already. Everybody knows; I don't even need to tell you again.
I've worked in airports and around airports for the better part of my
life. I've worked with a lot of airport directors. I've worked with a lot
of airport directors right here at this job for the last 12-and-a-half
years. No airport director -- and I'm saying not one of them has ever
been under our purview since I've been on this commission, that's
almost 13 years, has ever put together a plan to gets us out of debt
before. This is the first time, first time.
Not only that, no one has ever run the airports more
professionally and more like a business up until now. I'm not giving
you any fluff. I'm telling you the facts. That's just exactly how it is.
Now, I have a simple question. Do you want these airports to be
run professionally and like a business, or do you want it to be run by
the good ole boy management system again? You're going to have to
think about that. If you don't want it to be a professional airport
system, if you don't want it to work its way out of debt, then I would
say, then you don't want this good man right here running them.
Thank you.
CHAIRWOMAN HILLER: Commissioner Coyle. And then
we're going to go to public speakers.
COMMISSIONER COYLE: I see a familiar pattern here, once
again. You did the same thing with Penny Phillippi and, yeah, Dave
Jackson and others.
But the point here is that Chris Curry has not done anything to
deserve this kind of unprofessional treatment. He deserves to know if
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March 26, 2013
we're going to negotiate his contract, and he needs 180 days advance
notice.
If you take the strategy that, well, we're not going to tell you
whether we'll renegotiate it, but we might renegotiate it sometime
before it expires, do you really think anybody in their right mind
would hang around waiting for you to make that decision?
So that decision by you today is, essentially, tantamount to firing
Chris Curry, and you have no reason to fire him. There are
evaluations that show exemplary behavior and accomplishments by
Chris Curry. But I understand what's going on here, and I'm afraid it's
not going to stop until you do chase Chris Curry away.
But then you're going to have a problem after that. Who's going
to come here and take that job? Who's going to run those airports for
you? Who's going to do the things that Chris Curry has done since
he's been here?
I think this is a terribly dishonorable thing to do to a man who's
been a good employee.
And with that, I will make a motion that we renegotiate or extend
Chris Curry's contract for an additional year from -- it's September the
13th I think, in this particular document, 2013, to 2014 to give him
time to start achieving more of the excellent results that he has
achieved over the past two-and-a-half years.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes, Commissioner Henning.
COMMISSIONER HENNING: And that's actually a
reconsideration. Commissioner Coyle voted against that prior. I don't
see any notice from -- to the county manager. It's not on the agenda.
It's just inappropriate at this time.
CHAIRWOMAN HILLER: Agreed.
COMMISSIONER COYLE: It really isn't --
COMMISSIONER FIALA: County Attorney?
COMMISSIONER COYLE: -- a reconsideration. We can, as
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March 26, 2013
the county attorney has just said, extend his contract at any point in
time.
MR. KLATZKOW: The agreement provides 180 days' notice
whether or not you wish to renegotiate the agreement.
Commissioner Coyle is saying, yes, I would like to renegotiate
the agreement by adding another year. It's an appropriate motion to
make.
COMMISSIONER FIALA: And I'll second the motion.
CHAIRWOMAN HILLER: The discussion here today is
providing intent to renegotiate, not to engage in the renegotiation. The
agenda item is specific to the provision in the contract with respect to
intent., not to specifics.
MR. KLATZKOW: We'd have to come back. I mean, if this is
the direction of the board -- I don't know that Chris wants to be here
another year.
CHAIRWOMAN HILLER: No, I understand. But I'm just
saying --
MR. KLATZKOW: We'd have to come back to the board.
CHAIRWOMAN HILLER: -- the agenda item before us is
limited to the 180-day notice of the authority's intent to renegotiate the
agreement or to allow the agreement to expire without renegotiation.
The agenda item is not to address the specifics of renegotiation if the
intent is to renegotiate. It is a single, narrow issue. And that was
based on --
COMMISSIONER FIALA: Well, let's hear from the county
attorney.
CHAIRWOMAN HILLER: Well, the agenda was presented by
Mr. Nance. It's his item. It's not part of the agenda. But go ahead.
MR. KLATZKOW: No, it is fair, because Commissioner
Nance's item is for the board to focus on his clause and to either give
Chris Curry notice that you're not going to negotiate or to give him
notice.
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March 26, 2013
COMMISSIONER NANCE: I don't want to be in -- I don't want
Mr. Curry to come back and say we violated his contract agreement. I
think we owe him the courtesy of at least giving him notice. I mean,
unless he wants to, by mutual agreement, go with what Commissioner
Henning said, and he'll be allowed to present something. I don't know
if we want to go there or not.
But what -- I have absolutely no prejudice in any way over Mr.
Curry's performance and his -- and what he's been authorized to do as
airport manager. I simply do not believe that it's going to be possible
for anyone in Mr. Curry's position with the assets he has and with the
things he has to deal with to make this a profitable, even a break-even
business unit. I don't think it's possible for him or any others to do
that, which is why I brought -- excuse me -- which is why I brought
the agenda item up, to examine how we should manage the airports.
In my view, we need to either get -- make them much larger, or
we need to make them much smaller. I think we're wrong-sized. I
don't think it's Mr. Curry's fault; everybody that's come in as an airport
executive director has failed. We've got 20 years of losses. You're
going to have to go a long way to get more evidence that you've got a
bad business plan.
So I think -- it's just my opinion that the executive director
arrangement with the way we have it -- I don't think it's possible for
Mr. Curry to succeed. I think you're torturing him asking him to try to
do something. The numbers don't lie. It's just a mathematical
impossibility.
If you go back and look at '11 and '12 and the numbers, he's
going to get -- it's a mathematical impossibility for him to make -- to
break even or make a profit in the foreseeable future. It's just a
mathematical impossibility.
So, you know, I feel like we owe him the courtesy of letting him
know -- you know, I think he understands that I feel like that. It's not
a situation with him. Every other director, executive director, has
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failed also. I don't see any difference.
CHAIRWOMAN HILLER: Going back to the issue of the
motion, this -- I'm looking at the executive summary, and it's clear that
it addresses whether or not it is the board's intent to re -- you know,
that notice that -- the purpose of this agenda item is to give notice to
Mr. Curry whether or not the board intends to renegotiate this
agreement or not to renegotiate this agreement. It is clearly a question
of what the board's intent is.
There is nothing in the agenda packet. There is nothing that has
been presented to the board as to if there is a consideration for
extension, that we then take the next step to actually renegotiate the
terms today. That's not in here.
COMMISSIONER COYLE: Okay. Wait, wait, wait just a
minute.
CHAIRWOMAN HILLER: So it's what the contract provides.
COMMISSIONER COYLE: The executive summary clearly
says, recommend that the Board of County Commissioners, acting as
the Collier County Airport Authority, make a determination regarding
the renegotiation or extension of airport authority executive director's
employment agreement with Thomas C. Curry. It can't be clearer.
So I have -- I have made a motion that we extend his contract for
an additional year, and it has been seconded.
CHAIRWOMAN HILLER: If you read the considerations, it's
clear that what is meant by the recommendation is specifically the
notice of intent to either renegotiate or negotiate, and that's made very
clear in the explanation of what the recommendation is referring to.
COMMISSIONER COYLE: No, it is not.
CHAIRWOMAN HILLER: I'll read it to you right here.
COMMISSIONER COYLE: No. Read it from the executive
summary. Don't make up your own words.
CHAIRWOMAN HILLER: I am reading it from the executive
summary.
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March 26, 2013
COMMISSIONER COYLE: Okay. Read it.
CHAIRWOMAN HILLER: Section 2(C) of that agreement
provides that the authority shall give Mr. Curry 180 days' notice of its
intent to renegotiate the agreement or to allow it to expire without
negotiation. The agreement provides that this -- that should this notice
be timely given, no further compensation would be owed following
the September 30, 2013, expiration.
If the authority wished to give such notice, then March 26, 2013,
is the last scheduled meeting prior to the deadline of April 3, 2013.
COMMISSIONER COYLE: Okay. And the recommendation
for the executive summary is -- and I will read -- recommend that the
Board of County Commissioners, acting as the Collier County Airport
Authority, make a determination regarding the renegotiation or
extension of the Collier County Airport Authority's executive
director's employment agreement with Chris Curry.
CHAIRWOMAN HILLER: Commissioner --
COMMISSIONER COYLE: That is the recommendation.
CHAIRWOMAN HILLER: Commissioner Nance, it's your
executive summary. What do you mean?
COMMISSIONER NANCE: My intention was to comply with
Mr. Curry's contract, and if at this point this board does not have
enough faith to say that we are going to extend his contract, then he
needs to be given the requisite notice as required by his contract. It's a
courtesy to Mr. Curry, and nothing more, nothing less.
CHAIRWOMAN HILLER: It's strictly the notice of intent.
COMMISSIONER NANCE: That was my intention.
CHAIRWOMAN HILLER: Now, Commissioner Coyle --
COMMISSIONER COYLE: That should have been said in the
executive summary.
CHAIRWOMAN HILLER: Commissioner Coyle, if you want to
make a motion that the notice of intent is to renegotiate and then bring
back at the next meeting what you would view that renegotiation to
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consist of, that would be very reasonable. But to present something
that is not on the agenda here today is not an option.
So if you want to amend your motion and say your motion is to
give Mr. Curry notice of the intent to renegotiate, then you can do so.
That would make sense. And then, like I said, bring it back -- bring
back whatever your proposal is.
COMMISSIONER COYLE: I have made my motion, and it is
consistent with the executive summary.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER FIALA: And approved by the county
attorney.
COMMISSIONER COYLE: And approved by the county
attorney and prepared by Jim Flanagan for County Commissioner Tim
Nance. So it very clearly states what you want us to do.
Now, you can say what your intent was till hell freezes over, but
the point is your executive summary recommends that we make a
determination regarding the renegotiation or extension of his contract,
and I opt for an extension of his contract.
CHAIRWOMAN HILLER: That's fine. We have a motion and
a second. We have public speakers.
Commissioner Nance, this is your agenda item. Would you like
to have the vote called now or the speakers?
COMMISSIONER NANCE: Let's hear the public speakers.
CHAIRWOMAN HILLER: Okay. Can you call the public
speakers?
MR. MILLER: Yes, ma'am. Your first public speaker is Harold
Weeks, and he'll be followed by Frank Halas.
MR. WEEKS: Harold Weeks, president of the Collier County
branch of the NAACP.
Can I hold for Commissioner Henning?
CHAIRWOMAN HILLER: I don't know where he is. Can
someone find him?
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March 26, 2013
MR. WEEKS: It would be nice to speak to everybody.
CHAIRWOMAN HILLER: One thing that you ought to know is
that no matter where anyone is, like whether it's the men's room or his
office, as the case may be, they have speakers in there, and everybody
gets to hear, so --
MR. WEEKS: I'll continue.
CHAIRWOMAN HILLER: -- so your words won't be missed.
MR. WEEKS: Thank you, Madam Chairman. Excuse me.
Sitting here listening to the commissioners is very, very
interesting. I'm just a layman when it comes to this type of thing, but
it's been clear to me that there's a cry out here for help. You've been
denying it with your counselor, and you certainly have been denying it
with the director of the airports, Mr. Curry.
On February 5th, you had a workshop. I listened to the
presentation. I thought the presentation was adequate and to the point,
and I felt the decision could have been made at that particular point
that he was doing the job he was supposed to do.
Today I listened to his presentation; point on. It was interesting,
though, that the county clerk explained that the different entities of
this county have to get together to get on the same page financially.
You put up some figures from a certain entity. Mr. Curry had
some figures from him. It just proves that this is what you have to go
ahead with and do. In other words, that's why you have these people
here. That's why you hire them.
As far as I'm concerned, you're really not qualified to answer a
lot of things that you're answering. So go to the experts. That's all I
ask you to do.
Now, on this card here it says -- this is, by the way, the Collier
County mission statement of the commissioners -- to deliver
high-quality, best-value public services, programs and facilities to our
residents and visitors. Now, that's all residents and all visitors.
Motto: Exceeding expectations. Let's do that. I'm in firm
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March 26, 2013
acceptance of extending Mr. Curry's stay here in Collier County.
So let me help you out with that. Motion to keep Mr. Curry on
the present contract extension, his contract of a two-year extension
and 4 percent raise until 2015 without (sic) options. Can I get a
second?
UNIDENTIFIED SPEAKER: Yes.
MR. WEEKS: Any questions on the motion? All those in favor?
COMMISSIONER FIALA: Aye.
UNIDENTIFIED SPEAKER: Aye.
MR. WEEKS: Motion passes. Thank you.
MR. MILLER: Your next public speaker is Frank Halas. He'll
be followed by Jason Goldstein.
?OR. HALAS: Good afternoon, Commissioners. I'm Frank Halas.
I'm on the airport advisory committee.
And we've had a couple of votes in regard to Chris Curry and his
contract, and both times it was majority of the people that were on the
board that okayed that his contract should be extended.
The people that are on that board, if you look at their
backgrounds, some of these people have some very interesting
backgrounds, and they've worked with Chris; they know his abilities
as the director.
I can tell you that he's a very dynamic leader. And I really think
that it boils right now to this is a vendetta for a couple of people who
were caught on airport grounds in a restricted area where they
shouldn't have been. And I really believe that the bottom line is this is
why we're taking this stance today of wishy-washy'ing around instead
of sitting up there and doing the real thing, and that is, either you let
the man go or you vote a contract.
Let's get off of your seat and do what's right for this county and
for the citizens of this county -- the citizens of this county and also the
people that work in this county.
COMMISSIONER HENNING: Hey, Frank. Can I ask you a
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question?
MR. HALAS: Yes, sir.
COMMISSIONER HENNING: Are you saying the airport
authority members are not allowed on the airport?
MR. HALAS: No. I'm saying that there were some individuals
that were caught in a restricted area that they weren't supposed to be
on there and didn't get clearance to be on the airport to start with.
COMMISSIONER HENNING: So you're saying two things?
MR. MILLER: Your next public speaker is Jason Goldstein.
He'll be followed by Richard L. Richards.
MR. GOLDSTEIN: For the record, it's Jason Goldstein on behalf
of Chris Curry and Thomas Vergo, as counsel.
Good evening, Commissioners. Nice to see you all again.
Commissioner Hiller, how are you?
I just wanted to raise one issue that I think is important. A little
bit of what was spoken about last time, and that's the fact that on
October 23, 2012, I guess would be, the old board did, in fact, execute
the extension of Mr. Curry's employment contract. And I understand
representations by Mr. Klatzkow that the extension can be revoked by
the new board, but I would implore the commissioners to have Mr.
Klatzkow provide a legal basis for being able to, essentially, unravel a
contract that was ratified by both parties; in other words, the
commissioners and Mr. Curry.
Given that fact, I would recommend that since that's not on the
agenda item, that the board, in fact, vote to renegotiate Mr. Curry's
contract going forward, set the agenda item to, in fact, ratify the
contract that has already been executed i.e., the extension.
COMMISSIONER NANCE: Yes, sir. Are you representing Mr.
Curry at this point?
MR. GOLDSTEIN: Yes. I'm with the law firm of Richards &
Associates, and co-counsel, Mr. Richards, we represent Mr. Curry and
Mr. Vergo.
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March 26, 2013
COMMISSIONER NANCE: Mr. Curry and Mr. Vergo are
paying you?
MR. GOLDSTEIN: We were actually hired -- we were being
paid by the county, so there's been --
CHAIRWOMAN HILLER: Your compensation was terminated
by the county.
MR. GOLDSTEIN: Yes, and --
CHAIRWOMAN HILLER: And you were not being -- you were
never retained by the county to represent Mr. Curry with respect to his
contract. So please state for the record who's compensating you.
MR. GOLDSTEIN: For the record, I think that's attorney-client
privilege, and compensation doesn't go to representation. We have the
option as counselors to represent a party either pro bono or for
compensation. But the fact remains that Mr. Curry and Mr. Vergo
have chosen to have us represent them. So we do represent Mr. Curry
and Mr. Vergo, both in the Fletcher matter, which was the reason why
the law firm of Richards & Associates was originally retained, and
with respect to all matters pertaining to Mr. Curry and Mr. Vergo in
the scope of their employment with the county.
COMMISSIONER NANCE: Thank you.
COMMISSIONER HENNING: And that's why we need to
change the ethics ordinance.
CHAIRWOMAN HILLER: Wow. So if I understand correctly,
you're providing free services to Mr. Curry and to Mr. Vergo?
MR. GOLDSTEIN: Again, Commissioner, disclosure of how it
is that we're being compensated in the scope of our representation is
attorney-client privilege. It's not to be discussed in an open public
forum, and I don't see the relevance. What is relevant is that we are,
in fact, representing both parties. That I can assure you of.
CHAIRWOMAN HILLER: It is relevant that they, as
government employees, cannot be receiving free service from you --
MR. GOLDSTEIN: Well, if you look --
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March 26, 2013
CHAIRWOMAN HILLER: -- that are material in nature, as they
obviously are based on what we know to be your billing rate which is
what, $400 an hour?
MR. GOLDSTEIN: I think maybe the seminal question should
be how it is that the county had originally retained us as outside
counsel especially to represent Mr. Curry and Mr. Vergo and then,
given that our representation was successful in having the complaint
dismissed on two occasions, now we've been pulled with respect to the
pay. I think that in itself brings about questions of ethics, which we
can certainly deal with in another forum. But, again, I implore the --
CHAIRWOMAN HILLER: There are no ethical questions with
respect to that. The board has the discretion to decide how to spend
the taxpayers' dollar, and in this regard the decision was made to have
the county attorney represent Mr. Vergo and Mr. Curry with respect to
that matter, since outside counsel was deemed not to be necessary.
MR. GOLDSTEIN: And, Commissioner Hiller, I certainly
respect your position, but I think as an attorney you'd recognize the
importance of the inviable relationship that an attorney has with their
client., And for an outside, third-party entity to step in and say, hey,
we're going to stop paying you, the attorney, and we expect that our
stopping that payment is going to in some way affect or influence your
representation of counsel, would be a violation of not only
attorney-client ethics but perhaps the ethics of the commission in
itself. So I think it's important.
First of all, as I said before --
CHAIRWOMAN HILLER: First of all, your characterization is
completely off base and unacceptable, and your allegation of
misconduct or unethical conduct is also inappropriate. And I caution
you, because I question your position.
MR. GOLDSTEIN: That's fine. I've represented my opinion to
the commissioners. If there are any other questions, I'll be happy to
answer.
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March 26, 2013
MR. MILLER: Your final public speaker on this matter is
Richard L. Richards.
MR. RICHARDS: I have nothing to add.
MR. MILLER: He waives.
CHAIRWOMAN HILLER: Any other speakers? I'm sorry.
Any other speakers?
MR. MILLER: No, ma'am. That was your final speaker on this
item.
CHAIRWOMAN HILLER: I'm sorry, sir. Did you register as a
speaker?
MR. GONZALEZ: No. May I speak, though? This is a public
forum.
CHAIRWOMAN HILLER: We have procedures that require
registration before the agenda comes up.
MR. GONZALEZ: I realize that.
CHAIRWOMAN HILLER: I'd have to ask the board and see if
the majority of board would accept your speaking.
MR. GONZALEZ: I represent the Hispanic community.
CHAIRWOMAN HILLER: Understood. Just a moment, please.
Members of the board, this gentleman has not registered to speak.
Would you like to hear what he has to say?
COMMISSIONER HENNING: This gentleman had the
opportune time. I know he's been here for a couple hours. He had the
opportune time to sign up.
COMMISSIONER FIALA: We've let other people speak before
that haven't been signed up.
CHAIRWOMAN HILLER: Commissioner Nance, what would
you like?
COMMISSIONER NANCE: That's fine by me. Would you like
to speak, sir? Please come foward.
CHAIRWOMAN HILLER: So it appears the majority of the
board would like to hear you speak.
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March 26, 2013
MR. GONZALEZ: Thank you.
CHAIRWOMAN HILLER: Please sign a speaker slip after
you're done so the information is on the record, and if you could state
your name. Please start the timer. Three minutes, please.
MR. GONZALEZ: You don't know me. I'm chairman of the
Hispanic Advisory Board.
Manny Gonzalez. Some of you know me as a former marine,
retired federal agent. I know politics; I know government. And in my
current position, I've become the focal point for Hispanic grievances,
and one of the things they have approached me with is that they see an
injustice here.
I don't know this man personally. I don't drink beer with him, but
they've come to me and asked me to convey their feelings to you.
CHAIRWOMAN HILLER: Who came to you?
MR. GONZALEZ: Hispanics. Do you want me to name them
all?
CHAIRWOMAN HILLER: Well, I'm just curious because when
you said "theys" (sic), we'd like to know who that is.
MR. GONZALEZ: Well, when we're holding our meetings here
in those chairs, they come and visit, and they read newspapers.
They're aware of what you are doing.
CHAIRWOMAN HILLER: So --
MR. GONZALEZ: And remember, the public has a perception
of how you function and govern.
CHAIRWOMAN HILLER: Understood.
MR. GONZALEZ: And --
CHAIRWOMAN HILLER: So my question is, was the
discussion about Mr. Curry's contract brought forward to you in the
Hispanic Advisory Board meeting where public --
MR. GONZALEZ: No. Their issue was that they perceive this
as discriminatory action on your part, or at least the split board, that
this is not being done as a result of his inability to manage a business
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March 26, 2013
or government facility in a competent manner.
So they're saying, what is the real motive? What is their
motivation? What agenda do they have? That's all that I'm conveying
to you. I'm the messenger and, essentially, I'm parroting what the
other commissioners have said already.
CHAIRWOMAN HILLER: Thank you.
Mr. Klatzkow, can you address the statement of discrimination?
MR. GONZALEZ: I know what they are. I've studied the law.
Where do I register for this?
MR. KLATZKOW: You know, it gets very, very difficult when
you cannot judge a person by -- we've had problems at the Immokalee
airport. We've had complaint after complaint after complaint, okay.
I'm not saying the complaints are warranted. I'm not saying they're
warranted, okay.
We also had, as Commissioner Nance has noted, a question
whether or not we should even be in this business, okay.
To bring up race just because Mr. Curry is black, I think is
offensive, all right, because what it's telling me is, Mr. Klatzkow, don't
hire a black employee because God forbid you should start
terminating them; it must be race -- it must be based on race.
Leo's got the same problem. So, you know, if you can't have a --
this board hired the guy, and if you want to fire the guy, that's fine,
okay. There's a contract, there are severance provisions, everything
else. But honest to God, if we're going to -- every time an African
America gets a position of authority in this county, if that job is
jeopardized and we're going to get threats from the community based
on him being African American, what's the incentive for Collier
County or anybody else to hire these people? All right.
I think it's chilling the discussion happening here. And, quite
frankly, Mr. Curry should be judged on what he has done. Mr. Curry
should be judged on what we view the airports, but this --
CHAIRWOMAN HILLER: And I want to add to that.
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Sir, what is your name?
MR. GONZALEZ: Manny Gonzalez.
CHAIRWOMAN HILLER: Manny, why don't you come back
up here.
MR. GONZALEZ: And he makes a very good point.
CHAIRWOMAN HILLER: No, sir. You have to speak in the
mike, and I would like to address your statement about discrimination.
MR. GONZALEZ: As I stated --
CHAIRWOMAN HILLER: No, sir, it's my turn to speak.
Sir, for your information, my mother was an Auschwitz and, for
your information, during my election campaign, I had people put
Swasticas and portray Hitler's mustache one my face and, for your
information, sir, I stood in front of this whole community on TV,
posted on the Naples Daily News website, that I don't stand for
discrimination to any degree for any reason against anyone at any
time, and I live and die by that.
My mother was tortured, brutally; so was my family. My family
members were murdered for who they were. I cannot stand to hear
what you just said.
MR. GONZALEZ: That's fine.
CHAIRWOMAN HILLER: I am really offended.
MR. GONZALEZ: You're entitled to that offense. As a federal
agent, I was shot at, I was beat up, I was called every kind of name.
CHAIRWOMAN HILLER: You're going to compare that to --
MR. GONZALEZ: No, you listen to me.
CHAIRWOMAN HILLER: -- the Nazis murdering Jews and
discrimination against Jews?
MR. GONZALEZ: You have a problem listening. That's your
problem.
CHAIRWOMAN HILLER: No, I don't, sir.
MR. GONZALEZ: No. And like I said before, I'm merely a
messenger. The words were not mine. The words were theirs.
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March 26, 2013
CHAIRWOMAN HILLER: Who is they?
MR. GONZALEZ: Hispanics. You live in this county. You
don't know who Hispanics are? Remember, perception is important.
To them it's truth. And regardless of what he defines discrimination
as, they perceive it as something other than work performance.
CHAIRWOMAN HILLER: It's not a question --
MR. GONZALEZ: He himself said --
CHAIRWOMAN HILLER: It's not a matter of --
MR. GONZALEZ: Performance is not an issue. It must be
personal bias or, worse, they go beyond that and say, no, it's got to be
discriminatory.
CHAIRWOMAN HILLER: No, there is no discrimination.
MR. GONZALEZ: Well, then you answer it. Remember, deeds
-- deeds really are --
COMMISSIONER FIALA: Excuse me. I'd like to make a
comment.
MR. GONZALEZ: -- really something that they see.
CHAIRWOMAN HILLER: You're welcome to sit down. Thank
you.
COMMISSIONER FIALA: I would like to just make a
comment.
CHAIRWOMAN HILLER: Go ahead, Commissioner.
COMMISSIONER FIALA: I'd like to get back on the subject,
and I think we've had enough of that.
We can see that there's a voting block here. It's very, very clear to
everybody. You can see that Commissioner Coyle and I are on one
side and the new majority is on the other.
I'm not really quite sure why they want to get rid of Chris,
because he's done such an outstanding job. And as Commissioner
Nance said, no matter who was in there, they could never straighten it
out. I think maybe he wants to get rid of some of the airports.
But if -- that would be a crying shame, because that's something
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we've had for so long. And they might not be profitable, but they sure
provide a service that we need. And now we're at the brink of having
a new and very, very, very successful airport in Immokalee, if we let
this man conduct it as a business and in a professional manner.
I realize there's a few people in Immokalee that don't want to see
it succeed. I understand that. But I think that we have to start
thinking about what's best. What's best for our county? What's best
for our people? What's best for the future? Not only of Collier
County, but of our airport system.
Do we really want to throw it away? You know, once it's gone,
it's gone. We can't say, well, I wish we wouldn't have done that. Too
late. It's gone. So please, please, think about that again.
I think Chris has led us on a -- has led us to a new height in
airport management, and I want to see him stay. You all know that. I
realize I'm not part of the majority, but that's what I feel in my heart.
Thank you.
CHAIRWOMAN HILLER: Commissioner Nance, and then we
have a motion on the table. And Commissioner Nance, Commissioner
Henning, we have a motion on the table by Commissioner Coyle,
seconded by Commissioner Fiala. We have to call the vote.
COMMISSIONER NANCE: Yes, Manny, I want to respond to
you a little bit, and I want to explain to you why I have said the things
I said. And I have had a number of meetings with Mr. Curry. And I
told him honestly in a straightforward manner that the decision I
would make regarding him and regarding the airports would be based
on business and business only.
The fact of the matter is, it may be perceived that there's some
discrimination against Mr. Curry. I think Mr. Curry is a very talented
person, but I do not think Mr. Curry is going to be able to take the
airports where they need to go. And I say that because we have a 20
-- we have a decade-long record of repeated failure over and over and
over.
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Many of the commissioners have tried an executive director
position; all of them have failed. There is no evidence that I can see
through any results to this day or any presentation that I have seen that
leads me to legitimately think that we're going to get any results
different than we have for the last 10 or 12 years. We are going to
continue to operate at a loss. We're going to continue to supply a little
bit of service to the airport, but we're never going to get anywhere as
far as economic development with the business model that we have
now.
We are either going to have to have somebody come in here with
a great deal more money and a great deal more infrastructure, or we
are going to have to go back to being conservative and manage this
airport as a small public airport until the time and the economy and the
opportunity provides itself that we can do something different.
But what we can't do is we can't continue -- we have lost $20
million to date. We cannot continue to do this with the public's
money.
Now, Commissioner Fiala and Commissioner Coyle have been
working on this for a decade. They obviously don't know how to do
it.
COMMISSIONER FIALA: Well, we're doing it better now with
him.
COMMISSIONER NANCE: The facts stand for themselves. I'm
not looking at anything except numbers. I'm not -- I have absolutely
no bias against Mr. Curry or any of the other airport executive
directors, for that matter. I do not think that the things are in place to
allow us to be successful, and it's simply that. It's not based on
anything personal or -- I'm sorry, Commissioner Halas. It's got
nothing to do with it. It's strictly money.
And somebody at some point has got to take responsibility for
the public's money. And I say that day is fast approaching. We've got
to make a decision to fish or cut bait. We can't keep doing the same
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thing. If we keep doing the same thing, we're going to keep getting
the same results, and they're not good.
CHAIRWOMAN HILLER: Commissioner Henning, and then
I'm calling the question.
COMMISSIONER HENNING: What did we -- the motion is to
extend the contract through 20 -- September 30, 2015?
CHAIRWOMAN HILLER: Could you repeat your motion,
Commissioner Coyle?
COMMISSIONER COYLE: Yes. The motion was to extend the
contract, and if you'd like to say 2015, that's fine with me.
COMMISSIONER HENNING: No. I'm trying to figure out
what your motion is.
COMMISSIONER COYLE: Yeah, I said 2014.
COMMISSIONER HENNING: Oh, you did?
COMMISSIONER COYLE: Yeah.
COMMISSIONER HENNING: So what are we going to do in
September?
COMMISSIONER COYLE: I'm sorry?
COMMISSIONER HENNING: What are we going to do in
September?
COMMISSIONER COYLE: I have no idea. I don't know what
you're going to do next week.
COMMISSIONER HENNING: Yeah.
COMMISSIONER COYLE: But that is the reason I had my
light on. The -- usually when you decide to throw away an
alternative, you've got another alternative in mind. So we haven't
made this into a success, and they've been trying for -- not a decade.
It's been more like 30 years or so.
And we're making that decision based upon a financial analysis
that doesn't take into consideration the economic benefit to the
community of having that airport, which is millions of dollars, and
that has been demonstrated through competent economic models.
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And Chris repeated some of them today, and he told us that --
that with that economic contribution to our community, our
community is benefitting even today from having these airports,
although we have accumulated a loan that we hope to have repaid
some day.
But the point is, it's been benefitting our community for all the
years that the airports have been there, and that is being completely
ignored.
So what are the consequences of driving Chris away? People
who grant us money from the federal government and the state
government are going to say, wait a minute, what's going on down
there? We're not going to give you any money to improve the facilities
in Collier County. You're not going to have anybody to lead those
programs with the casino and with the hotel and to get more traffic in
here. That's all going to fade away.
And once it is gone, trying to get it re-established is going to be
an almost impossible task. So those who would throw away the good
opportunity that we have now for having a successful airport operation
will pretty much doom the opportunities for the future.
So with that, Madam Chair, if you want to call the motion, let's
do it.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Any opposed?
Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion fails 2-3, Commissioners
Henning, Nance, and Hiller in opposition.
Is there another motion?
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March 26, 2013
COMMISSIONER NANCE: I'll make a motion to notify Mr.
Curry that we do not intend to extend or renegotiate his contract as
defined in his employment agreement.
CHAIRWOMAN HILLER: Not to extend or to extend?
COMMISSIONER NANCE: Not to extend. Notify him that we
do not intend to renew his contract with --
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER FIALA: Not from me.
COMMISSIONER HENNING: I'll second it for discussion. I
am -- again, I -- if we can demonstrate that the airports can be neutral
on the General Fund in a reasonable time frame, I can accept that.
CHAIRWOMAN HILLER: Then at that point in time, if you
want, you can propose a renegotiation of the contract and extend it.
COMMISSIONER HENNING: In September?
CHAIRWOMAN HILLER: Or before then. I mean, when he --
you can do it in September, or you can do it when he makes his
presentation that shows that you're going to be profitable at a certain
point in time and you have the confidence he can get it done.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 3-2 with
Commissioners Fiala and Coyle dissenting.
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March 26, 2013
Item #11G
RECOMMENDATION TO AUTHORIZE AMENDMENT #2 FOR
CONTRACT #09-5174 MANAGEMENT OF PELICAN BAY
SERVICES TO DORRILL MANAGEMENT GROUP TO
INCREASE THE NUMBER OF HOURS PER MONTH, FEES
AND THE CONTRACT PERIOD TO DORRILL MANAGEMENT
GROUP AND EXTEND THE TERM FOR ONE ADDITIONAL
YEAR; AND AUTHORIZE THE CHAIRWOMAN TO APPROVE
THE AMENDMENT - MOTION TO EXTEND THE
AMENDMENT TO THE CONTRACT FOR ANOTHER YEAR
AND TO TAKE BACK TO THE PELICAN BAY BOARD TO
BRING BACK RECOMMENDATIONS REGARDING FUTURE
EXTENSIONS AND TERMS — APPROVED
MR. OCHS: That takes us to the time-certain item,
Commissioners. It's Item 11G on your agenda. It was previously Item
16F1, and that is a recommendation to authorize Amendment No. 2
for Contract 09-5174, management of Pelican Bay Services, to Dorrill
Management Group to increase the number of hours per month, fees,
and contract period to the Dorrill Management Group and extend the
term for one additional year, and authorize the chairman --
chairwoman to approve the --
CHAIRWOMAN HILLER: And how many public speakers do
we have?
MR. MILLER: One.
CHAIRWOMAN HILLER: One? Thank you.
MR. OCHS: Commissioner Coyle brought this item forward
from the consent.
CHAIRWOMAN HILLER: Commissioner Coyle, would you
like to comment?
COMMISSIONER COYLE: Yeah. Do you have that
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March 26, 2013
photograph that I gave you yesterday?
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: Would you put it on the overhead,
please?
MR. OCHS: In fact, I have quite a few photographs of Clam
Pass. Bear with me, please.
COMMISSIONER COYLE: Do you have any more recent than
that?
MR. OCHS: No, sir. I'm not sure what the date of this is, but I
don't believe I do.
COMMISSIONER COYLE: It was, I think, last Thursday.
Is that the past dredging that we contracted and paid $100,000
for?
MR. DORRILL: Yes, sir, I believe it is. You paid more than
that.
COMMISSIONER COYLE: Yeah, okay, yeah.
COMMISSIONER FIALA: How much did we pay?
MR. DORRILL: Hundred and ninety-nine.
COMMISSIONER COYLE: That doesn't look like a successful
dredge to me. And what I'm wondering is why are we, virtually,
doubling the amount of money that we're going to be paying you so
that you can manage this particular pass in Clam Bay and the
emergency dredging project when within just a week or so after the
project has completed it's already silting in again.
MR. OCHS: Commissioner, let me take the first stab, because
this is my recommendation, since Neil works for me.
And, again, the contract extension is predicated on what I believe
to be legitimate additional work that's going to be required going
forward for the next year to secure the permitted 10-year permit and
the associated management plan for water-quality management in and
around Clam Bay, Commissioner. That was the rationale behind the
recommendation to extend the contract for one year.
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March 26, 2013
So it's not directly related to this emergency dredge, but it is
more related to the time and work that will be required to get the
10-year permit secured and the related management completed and
authorized by the regulatory agencies.
COMMISSIONER COYLE: Well, my concern is one of
performance here for both you and Mr. Dorrill. Is this -- does this look
like a successful project to you?
MR. OCHS: No, sir. It doesn't look, right now in that picture,
much like the pictures we had just a week ago.
COMMISSIONER COYLE: And so in a week it's silted in to the
point where it almost looks like it's never been dredged.
Now, what went wrong here? Did the engineer make a mistake?
Did our staff mismanage the project? What happened?
MR. OCHS: Commissioner, I will tell you from my perspective
-- and I'm not an engineer, as you know -- the debate for the last four
years around Clam Pass dredging has been the size of the cut. And
you have different constituencies believing what they believe about
what's the appropriate size of the cut. You even have different
engineering firms with differing opinions about what they believe to
be the appropriate dimension of that cut.
We relied on the professional expertise of the engineering firm,
which is a reputable firm, for the dimensions they -- in fact, I insisted
that they come in front of this board to talk about the dimensions of
that dredge cut so that this board had that opportunity to hear firsthand
what they believed to be the right decision and the right dimensions
for that cut proceeding on this emergency dredge.
Obviously, there's other weather conditions. And this does not,
right now, look like it did a week ago. Again, I'm not an engineer, and
I really think we need to probably bring them in for some more
discussion here.
But I don't know, with the static picture here, whether that will
remain that way or whether that will continue to scour itself out and
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March 26, 2013
deepen up over time.
But that's my assessment right now, Commissioner. And, you
know, I'm, as all the commissioners are, not very pleased with what
has developed here over the last few days.
COMMISSIONER COYLE: Well, I just have a problem
increasing the pay for people who haven't achieved a successful
project here. And if -- as a matter of fact, I would even question
whether or not we want the same engineers involved in the planning
for the next process.
But this is your responsibility, and we just spent $200,000 of
taxpayer money apparently for no benefit. And one of the reasons we
wanted a wider cut was because we didn't want to have to redo it in a
relatively short period of time, and yet we find out that that's exactly
what's happened here.
So do you have a course of action that's going to solve this
problem for us?
MR. OCHS: Sir, I'm going to let Mr. Dorrill fill you in on some
additional details related to the current situation out there on the
project, and then I'll circle back with you.
COMMISSIONER COYLE: Okay, fine.
MR. DORRILL: Good afternoon, Commissioners. The board
voted, I believe it was a week or two before Christmas, to transfer the
responsibility for this matter to the Pelican Bay Services Division.
And following that, we met with the Army Corps of Engineers, and
they recommended a course of action, and they subsequently changed
their position a time or two during their recommended course of
action, but we complied.
And we undertook a survey with Agnoli, Barber, and Brundage
that would have been required in any event, and we undertook a
design with the board-approved engineering firm of Humiston &
Moore.
And then in a very short period of time, based on an emergency
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declaration by the County Commission, we both let and awarded a
contract for the design that was performed by Humiston & Moore.
As a result of two recent cold fronts, one of which is occurring
today, and winds probably 20 miles an hour or more out of the north
or northwest, this shoal has formed where the pass and the inlet meet
the Gulf of Mexico.
I believe Mr. Humiston had indicated that within the window that
we have in needing to complete the project prior to sea turtle nesting
season, that late winter storms could potentially affect the quality of
the initial dredge work.
To my understanding, there's no shoaling behind or in the back
bay system. It has only occurred here, and it's attributable to cold
fronts this week and last week.
The job has been certified to be substantially complete, but it has
not been certified at 100 percent completion.
They're going to -- "they," Humiston & Moore, are going to
schedule a conference with the contractor in the morning. He still has
a small piece of equipment at the site and, if necessary, we'll evaluate
on your recommendation, a change order to bring the track hoe back
down here. The track hoe was relocated off site in an effort to
re-establish the inlet where it meets the Gulf of Mexico.
COMMISSIONER COYLE: Well, just one final comment on
this. And I appreciate both your and the county manager's efforts to
get this mess straightened out. Right now it looks like it's a waste of
$200,000.
But I've been around here long enough to know that late winter
storms are frequent, and they almost always close in passes to some
extent; that's why, if you're smart, you make the cut bigger than
normal, particularly at this time of the year. But yet our planners
apparently didn't want to do that for some reason, and I think it was a
big mistake. And I hope that you can get this straightened out very,
very quickly.
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Thank you.
MR. DORRILL: Well, in that regard, then, the subject of the
executive summary this afternoon is in recognition of several
unanimous votes of your advisory board and prior board action.
The original request to make a change in division management
occurred in 2009. The recommendation was unanimous both by the
County Commission and the advisory board.
A year later, in 2010, the advisory board requested an increase in
hours to expand the day-to-day role of the division administrator to
meet a whole series of needs following their capital improvement
planning process and a series of new committees that were created by
the advisory board.
And then that brings us into -- the current termination of the
agreement would occur in June. And discussions with the board
previously had indicated that they would need to start a new RFP
process. I believe they're still committed to that. But given the
circumstances and the reassignment for all issues pertaining to Clam
Pass, the advisory board has requested a one-year extension. They did
that at an emergency meeting that occurred on Martin Luther King
Day where they reviewed the construction plans and approved them
just prior to the board reviewing and approving the plans, I believe,
the following day.
So the recommendation of the county manager on the advice of
the advisory board would be a one-year extension that would take us
through the completion of a new comprehensive management plan for
Clam Bay and hopefully the application process for a new 10-year
maintenance permit.
COMMISSIONER COYLE: Let me ask one final question, then
I'll get off this topic.
The recommendation in the executive summary says it is
recommended that the County Commission direct the Pelican Bay
Services Division Board to consider either extending the contract for
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an additional one-year term through June 30, 2015, or, alternatively,
initiate actions to solicit new proposals for these management services
within the next 30 days.
I will make a motion that we instruct the solicitation of new
proposals for the management services within the next 30 days rather
than extending the contract.
CHAIRWOMAN HILLER: Commissioner Fiala.
COMMISSIONER FIALA: Yes, just a question.
Neil, I'm going to put you on the spot just a little bit, and I don't
mean to do that. But do you answer to other people who tell you what
to do with this, or was it your decision to do this width and this depth
of dredging? Did you --
CHAIRWOMAN HILLER: The board directed it. We directed
it.
COMMISSIONER FIALA: Right, right. So that's what I'm
saying. So should he be sacrificed then, if he didn't --
CHAIRWOMAN HILLER: No, we did it. We made the
decision.
COMMISSIONER FIALA: Well, I didn't. That isn't what I
wanted to do. I wanted to see it, you know --
COMMISSIONER COYLE: No.
COMMISSIONER FIALA: But I was just wondering, being that
it's your job on the line right here, you're just following directions; is
that correct?
MR. DORRILL: I wasn't consulted and, frankly, I'm not
qualified to make engineering decisions.
COMMISSIONER FIALA: You're just following through with
whatever the PBSD tells you to do, right?
MR. DORRILL: Actually, I follow through with what the
county manager tells me to do.
CHAIRWOMAN HILLER: The board.
COMMISSIONER FIALA: Okay.
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MR. DORRILL: I work -- that's an important distinction. I work
as an extension of the executive office of the county manager. It
creates a certain amount of conflict because there are people within
the community who are on your advisory board who somehow think
I'm their manager in terms of a direct relationship. But the direct
relationship is between me and the county manager.
COMMISSIONER FIALA: That's why I asked, because I just
wanted to make sure --
MR. OCHS: Commissioner, if I might. And I don't want to
belabor this, but to Neil's point, that confusion is somewhat
exacerbated by a memorandum of agreement that this board has that
was entered into back in 2006, and I have the same MOU with that
Pelican Bay Services Division Board that grants them some -- I
always call that extraordinary powers relative to other County
Commission advisory boards. So they do have some additional
authority that most of the others don't.
But, nevertheless, Neil is correct that he ultimately reports to me,
and I'm responsible for the work that's done.
COMMISSIONER FIALA: Okay. So it wasn't your decision,
then, to do this?
MR. DORRILL: No, ma'am.
COMMISSIONER FIALA: That's why I'm asking this question.
MR. DORRILL: I was not consulted. And, in fact, I'm not
qualified to render any engineering advice.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: Leo, before we go to Commissioner
Henning, I just want to clarify that with respect to both those MOUs, it
says that we basically, as the BCC, will ratify what the Pelican Bay
Services recommends unless we see extraordinary circumstances to
deny.
I mean, we can't delegate our discretionary decision-making
authority, which is why we have that reservation. But basically the
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intent is to, where we think it's reasonable, to give deference to the
vote of the PBSD.
MR. OCHS: Yeah. I think that that's a very fair characterization,
Commissioner. I don't have the MOA (sic) in front of me, but that's
my understanding.
CHAIRWOMAN HILLER: Is that a reasonable interpretation,
Jeff?
MR. KLATZKOW: My understanding of the relationship is they
sort of want to be on their own to do their own, but at the end of the
day, between Leo and the board, you've got the ability to say, wait a
second, and make the decision.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Mr. Dorrill, you started in 2009
working for Pelican Bay Services District, if I recall right; is that
correct?
MR. DORRILL: That's correct. A one-year contract and three
one-year extensions at the recommendation of the advisory board.
COMMISSIONER HENNING: And you were charging an
hourly rate at that time, if I recall.
MR. DORRILL: The agreement is a lump-sum agreement, and
it's tied to a minimum number of annual hours. So it's not an hourly
contract. We don't bill on hourly rates as incurred. It's a lump-sum
rate tied to a minimum number of hours. Those hours were increased
in 2010 at their request, and they're requesting to increase them again
16 hours per month for any and all issues pertaining to Clam Bay.
COMMISSIONER HENNING: Well, the information that we
have as backup, it equates to an hourly rate with a minimum basis. So
with the hours beginning in 2009, that equated to $209 an hour -- $203
an hour now.
Now, what is anticipated -- no, I'm sorry. What is -- what the
current contract is, you are providing 51 hours at a minimum, at an
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hourly rate of $123. So you're working more but receiving less; you're
working more hours but receiving less, just the opposite of what Fred
Coyle is saying, that you're doubling your salary, because you're
actually working more and more at a less rate.
So I think it's pretty disingenuous to characterize it that way
when, in fact, in reality, you're making less per hour.
MR. DORRILL: The hours have doubled over the course of the
last four years; that's a correct statement.
COMMISSIONER HENNING: Right.
MR. DORRILL: The original number is slightly skewed,
because as an incentive to try and get this job that I really wanted, we
agreed to work the first three months at no cost, and so that skewed
some of the analysis that was performed by purchasing. But you are
correct that we've doubled the hours in four years.
COMMISSIONER HENNING: Well, on the second year, if our
staff has it right, you worked a minimum -- the same amount, and it
was equated to $180 per hour; however, what you're asking for is a --
what is anticipated in this renewal as $123 per hour.
MR. DORRILL: That's correct.
COMMISSIONER HENNING: Okay. So my statement was
correct; Fred Coyle's was wrong.
COMMISSIONER COYLE: No, it wasn't.
CHAIRWOMAN HILLER: Well, we have a --
COMMISSIONER COYLE: The cost went from $42,300 in
Year 1 to $99,005 in Year 5. The cost has more than doubled. So
that's the money we're paying out. No matter how you arrive at it, the
cost doubled from 42,300.
CHAIRWOMAN HILLER: You're getting twice the work for
that money. Commissioner Coyle, we have a public speaker.
COMMISSIONER HENNING: More than twice. More than
twice the money for the amount of hours.
CHAIRWOMAN HILLER: We have a public speaker. Please
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call the public speaker.
MR. MILLER: Yes, ma'am. Your public speaker is Bob
Krasowski.
MR. KRASOWSKI: Hi, I'm Bob Krasowski. Nice to see you
again.
The picture is quite distressing. I know there was controversy
about the width of cut. I thought that some people wanted 80 feet with
a deep draft so that some boats could get in there, but the others
wanted 45-foot wide. That's not 45 foot. It's not even close.
And I have to point out, we have to look back in the past, because
a lot of the sand was taken out from the areas back in there. So -- and
then, you know, turtle nest season doesn't start, officially, until May
1st. They have all that time. So I don't know what's going on here.
I did want to comment on this issue just generically, in general.
Whenever we come into a position where the county, apparently Mr.
Ochs, is hiring a manager for any kind of community, I think that it
kind of requires that that person elevate themselves to the position of
sage. And this is not beyond Mr. Dorrill's ability, because I have the
highest regard for him in the sense -- because yesterday I went to the
TDC meeting and heard a lot of griping about how environmentalists,
generally -- not the some environmentalists or, you know, the people
you know that are involved up there -- were responsible for all the
problems.
And, you know, I'm getting so tired of that. There's such a -- it's
everybody's environment. I know some people have development
interests and other people aren't as sensitive to that. But the point is,
though, in this country, we have a process in the county, we have a
state process, we have federal processes, we very agencies. It's very
frustrating sometimes, but it allows people -- everybody has the right
individually and collectively in different environmental organizations
or other organizations to pursue the path that is open to them as
Americans to address these issues and resolve their conflicts that way,
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unlike other places.
And I'd like to see from our management team, at all levels and
all positions, a sensitivity and respect for people's participation in the
process; otherwise, change the process, change the rules, okay. I
mean, it's not a perfect process. People have ins up higher and things
happen that maybe aren't totally right on occasion.
But -- so, you know, I support continuing to have Mr. Dorrill on
our side; very capable person. But, you know, I just really look
forward to some stellular (sic) performance in his management of the
community so everybody -- everybody's input is considered and
respected.
Thank you very much.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Madam Chair, there's not a
motion on the floor.
CHAIRWOMAN HILLER: There was a motion, but there is no
second.
COMMISSIONER HENNING: There is no second so, therefore,
there's no motion on the floor.
CHAIRWOMAN HILLER: Correct. Do I have another --
COMMISSIONER HENNING: I'm going to make a motion to
accept Pelican Bay Service District's recommendation to extend the
contract for another year.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Is there any direction to take this
matter back to the PBSD as it was presented by Mr. Ochs in his
executive summary?
COMMISSIONER HENNING: Oh, that the board --
CHAIRWOMAN HILLER: That the board --
COMMISSIONER HENNING: -- authorized the second
amendment of the contract --
CHAIRWOMAN HILLER: Well, basically it's as follows, as I
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understand, from having read Mr. Ochs' executive summary that,
number one, the contract be amended to allow for a one-year
extension, that that one-year extension be granted, that Mr. Dorrill's
contract be sent back to the PBSD for review and consideration of a --
to be put out to bid following that one-year extension; in other words,
it could be put out to bid now with the new contract commencing at
end of that one-year extension.
Did you -- did you say something about another year extension?
I don't recall, or not.
MR. OCHS: Commissioner, there was some sentiment in
discussion with Neil among, I believe, some of the board members
about whether a one-year extension was sufficient to get the 10-year
permit and the management plan accomplished. I thought that a
prudent recommendation to this commission was to direct that inquiry
back to the services division, let them vote on whether they want to go
out immediately again for an RFP or to consider another
recommendation --
CHAIRWOMAN HILLER: Of a one-year extension.
MR. OCHS: -- to the board of a one-year extension beyond the
June 2014 date. And I'll get that report at the next meeting of the
services --
CHAIRWOMAN HILLER: Basically give the PBSD the option
to either put it out to bid or do a one-year extension beyond the
one-year extension that we're approving today.
This one-year extension that's being recommended based on
Commissioner Henning's motion is pursuant to the PBSD voting --
how many? What was the vote?
MR. OCHS: Seven-one, Neil, or what? What was the vote?
CHAIRWOMAN HILLER: What was the vote on the one-year
extension on your contract on the PBSD?
MR. DORRILL: It was unanimous.
CHAIRWOMAN HILLER: I'm sorry?
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MR. DORRILL: It was unanimous. There was a 7-1 vote, I
believe, on the construction drawing --
CHAIRWOMAN HILLER: Oh, okay.
MR. DORRILL: -- item.
CHAIRWOMAN HILLER: So on a unanimous vote of the
PBSD to extend Mr. Dorrill's contract by a year. So could you amend
your motion to add amending the contract to allow for the
modification --
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: -- to permit the extension, to
approve the extension of one year as directed by PBSD, and then to
recommend that Mr. Dorrill bring this back to the PBSD for
consideration of being put out to bid or another one-year extension?
COMMISSIONER HENNING: Bring it back to the PBSD board
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER HENNING: -- for the consideration to put it
out to bid or another year of his contract? Yes.
CHAIRWOMAN HILLER: Beyond what we're approving today
based on their recommendation.
COMMISSIONER NANCE: And I'll modify my second
accordingly.
MR. OCHS: Madam Chair, also to Commissioner Coyle's point,
I will get a full report to the board before the end of the week on the
current status of the pass and any other recommended corrective or
remedial actions and a go-forward plan, and then I will bring that at
the following board meeting.
CHAIRWOMAN HILLER: Leo, we would not expect that you
would do any less. That's taken as a given.
And if you could bring that back to us as soon as possible, then if
we have to have an emergency meeting, if it's deemed that we have to
act prior to the next meeting because there is an issue of concern, we
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can convene. In fact, we could even address the issue at that
workshop where we're talking about renourishment, if we actually
have to take a vote.
Why don't you put that on the workshop agenda if you see the
need that we have the ability to take action if time is of the essence.
MR. OCHS: I'm going to look to the -- I will do that, ma'am. I
just want to consult with Jeff on the format of that. If it's going to be a
meeting where you take action, we'll have to do it separately from the
workshop agenda.
MR. KLATZKOW: We'll notice it properly.
MR. OCHS: Okay.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER COYLE: I just have a question of the county
manager.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: With respect to the costs here, will
there be any corresponding reduction in costs on your staff here since
much of the planning now is going to be taken over by Mr. Dorrill and
the PBSD?
MR. OCHS: No. I mean, if you're asking me if I'm planning to
lay off any of the current coastal zone staff, no, sir; they have other
projects that they're working on, most notably the major beach
renourishment project. In terms of workload, they have plenty to do
outside of this particular project.
COMMISSIONER FIALA: Just another question. I'm sure
Commissioner Hiller wanted to call me, but -- call on me anyway.
CHAIRWOMAN HILLER: I did. You were, like, right at the
top of my list of people to call.
COMMISSIONER FIALA: So, Leo, would you tell me, was it
our coastal people who made the decision as to this cut and to the
depth, or was it you or was it --
MR. OCHS: No, ma'am.
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March 26, 2013
COMMISSIONER FIALA: Was it Neil?
MR. OCHS: It was the Board of County Commissioners based
on a report from Mr. Humiston a few meetings ago where he brought
the recommended cross-section for the cut at the pass to the board at
my insistence.
COMMISSIONER FIALA: But he wanted to do it at 65 feet.
MR. OCHS: Well, he -- I'm assuming he did it at what the board
approved, and I'll verify that.
COMMISSIONER FIALA: I'd like to know that, because I
know --
COMMISSIONER HENNING: It was 45 feet.
MR. OCHS: It was a 40-foot -- Neil, what --
MR. DORRILL: Forty-five-foot bottom cross-section, and it
tapers to the top. I believe it was 60 feet at the top.
CHAIRWOMAN HILLER: Now, if I may. I believe -- I want to
address -- just address what you said.
COMMISSIONER FIALA: Yeah, good.
CHAIRWOMAN HILLER: When they were presenting, if my
memory serves me correctly, you know, there was, I think -- I think it
was at one of the public meetings -- I can't remember now -- but I
believe there was discussion about how long this pass could stay open.
And it was made clear that this is a very fragile pass and that, you
know, the change in the direction of the wind and, you know, the
action of the waves could close the pass at any time.
And I will tell you that I personally spoke to the Army Corps of
Engineers, and when we were talking about the cut, they expressed to
me the fragility of the pass and the very real possibility that the pass
could suddenly close very quickly, that they understood that and that,
as a consequence, they were prepared to expeditiously issue another
nationwide 3 permit to allow us to re-open the pass if we had, you
know, a closing as we experienced.
So they are very aware that this pass is a difficult pass to manage.
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And when you dredge this pass, you can't sit back and say, okay,
we've dredged it at 45 feet or 80 feet and, as a consequence, we
believe that we don't have to dredge it for another two years or three
years or, you know, some period of time.
No matter what the engineers predict might be the best based on
the conditions, there is the absolute risk, that because of sudden
changes in wind and wave action, that that pass could close,
notwithstanding all the right engineering.
COMMISSIONER HENNING: Put a culvert in it.
CHAIRWOMAN HILLER: Why don't we put jetties? Jetties?
Should we -- you know -- I'm just kidding. Do not quote me on that.
So it's very difficult when you're dealing --
COMMISSIONER FIALA: Nicole?
CHAIRWOMAN HILLER: Call Nicole right away, let her
know. So it's a very difficult situation, and we do look forward to the
information, and we're ready to help.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries.
COMMISSIONER COYLE: Nope.
CHAIRWOMAN HILLER: With Commissioner Coyle
dissenting.
MR. DORRILL: Thank you, Commissioners.
CHAIRWOMAN HILLER: Thank you.
Item #11D
RECOMMENDATION TO ESTABLISH A NEW POSITION
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CLASSIFICATION AND SALARY RANGE ASSIGNMENT FOR
COUNTY COMMISSION STAFF MEMBERS AND A REVISED
BUDGET ALLOCATION FORMAT FOR THE BCC OFFICE -
MOTION TO ACCEPT THE COUNTY MANAGER'S
RECOMMENDATION OF PAY GRADE 18 EXEMPT —
APPROVED
MR. OCHS: Madam Chair, that takes us to Item 11D on your
agenda. It was previously 16F5, and that was a recommendation to
establish a new position classification and salary range assignment for
County Commission staff members and a revised budget allocation
format for the BCC office. This item was moved from your consent
agenda at Commissioner Henning's request.
COMMISSIONER HENNING: And the reason I did, I'm trying
to avoid problems in the future. The Classification 18 -- and, by the
way, I don't want to talk about a specific aide or our aides in general,
okay. That's very embarrassing to them.
The reason I pulled it off is to try to avoid a potential problem in
the future. Pay Grade 18, existing, is 45,000 to 66,000. Now, we
gave direction to go from 50,000 to 60,000, okay. The problem is --
there's two problems with the direction we gave, after talking to staff,
in my perspective, because only -- we only have opinions up here; we
don't have facts.
But if you have a long-term aide that's been there for a number of
years that's on the higher level of that $66,000, he or she might hit it
and, therefore, lies the problem. You can't go over that.
The second thing is the direction that we gave that each
commissioner have its own budget, okay. That's dangerous, too,
because if you have an employee that even is on the higher max and
you have something break in your office and you have extended
travel, that's going to present a problem with, you know, mid-term
budgets.
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If we keep the salary the same, keep the budgeting the same -- in
other words, we have -- and, Len, you can correct me if I'm wrong --
what the present range and what the staff is making today, we're not
going to have that problem of them hitting their peak, okay.
And if we keep the budgeting like we historically -- if we keep it
at Pay Grade 18 as it is today and just do the historical budget, pass
everything else that we gave direction, I think we're in better shape
than the direction we gave at the last meeting. Did I misspeak?
MS. PRICE: The only thing that we do need to do is change the
pay plan so that you can have your aides as exempt employees.
COMMISSIONER HENNING: Right.
MS. PRICE: So we still need to pull the job description out of
our pay plan and put it into your own separate pay plan where they
answer directly to the commissioners.
COMMISSIONER HENNING: Right.
MS. PRICE: But, you know, at your pleasure, we could leave
the pay range at the Level 18, we could put it at the Level 19, or we
could narrow it as you had suggested last time.
COMMISSIONER HENNING: Yeah. If we keep it at 18, all
our aides are going to be well within that 18; is that correct?
MS. PRICE: That is correct.
CHAIRWOMAN HILLER: If I can summarize to simplify. If
we leave whatever Leo has proposed in terms of the budget, in other
words, you have your budget and you can allocate it any way you like,
you just want -- the clarification is that with respect to compensation
for aides, it will be at Pay Grade 18 as exempt employees which
provides a range of what?
COMMISSIONER HENNING: Forty --
MS. PRICE: Forty-six --
MR. OCHS: Roughly 46 to 66.
MS. PRICE: Forty-six to 66 is the Level 18.
CHAIRWOMAN HILLER: Fine.
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COMMISSIONER HENNING: And that's what all the other 18s
are doing. So why should we take away --
CHAIRWOMAN HILLER: That's fine. No, no. So basically
we accept the recommendation of the county manager as he presented
it in his executive summary with the exception of the pay grade for the
aides being 18 and being exempt?
COMMISSIONER HENNING: And the budgeting, because
there's no sense of doing that anymore.
COMMISSIONER FIALA: And the what?
COMMISSIONER HENNING: And the budgeting where each
at the commissioner's office will have a separate budget.
CHAIRWOMAN HILLER: Well, each of the commissioner's
office should have a separate budget --
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: -- because everybody wants to use
their budget differently and pay differently. So everybody should
decide within their own budget how much they want to pay their aide
and then have the balance to use as you like.
COMMISSIONER HENNING: Why not pay the aide based
upon their tenure and their education?
CHAIRWOMAN HILLER: Well, that would be your decision
based on that Category 18. So if you have an aide who has been here
a long time and who is highly educated, you just pay them at the high
end of that scale.
COMMISSIONER HENNING: If that's the policy that we're
going to stick to, I don't have a problem with that.
CHAIRWOMAN HILLER: Well, when you compensate within
that range, it has to be based on something that justifies them at the
higher end, which either would be tenure or, you know, experience
and education, which is how they're -- you know, the pay is provided
throughout the county within a grade.
MR. OCHS: And it's obviously limited by your ability to pay
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within your individual budgets.
CHAIRWOMAN HILLER: Right. So you can choose to, you
know, use 66,000 as the pay, if you have a very highly qualified
tenured aide. It does mean you'll just have less to do other stuff within
that total budget, but you may not need to do the other stuff if you
have such a strong aide. So it's just balancing.
COMMISSIONER HENNING: Len, does that make sense?
COMMISSIONER FIALA: I'm getting confused.
MS. PRICE: Commissioners, you've got a lot of options open to
you, and we're going to execute exactly what it is that you want.
CHAIRWOMAN HILLER: Should we have another workshop
on this? I mean, it sounds like --
COMMISSIONER COYLE: Give me a break.
MR. OCHS: Commissioner, I hope I don't have to ever bring this
back again.
CHAIRWOMAN HILLER: I mean, it can be brought back 150
times.
MS. PRICE: There's two ways that we can handle what you've
asked me to. I hear you saying that you want us to use the pay scale
from the Level 18. So we will -- we can make that change for you.
CHAIRWOMAN HILLER: Exempt.
MS. PRICE: Exempt Level 18 as special aides to yourselves as
we proposed, outside of our pay scale, answering directly to you, and
you set their rules, their hours, their salary within that range and your
budget, et cetera.
On a separate matter is whether you want to operate out of one
budget or five budgets.
COMMISSIONER COYLE: No one budget; five budgets. You
can't operate out of one budget for five commissioners, because I'm
going to be reaching over in somebody else's money to get something
I want. That's crazy.
MR. OCHS: Commissioner, and that is the format that we
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brought to you.
COMMISSIONER COYLE: Yes, I understand it is, and I make
a motion that we accept the county manager's recommendations.
COMMISSIONER FIALA: May I make a comment, too? And
that is, some of us, I know I'm one, I have an office on Marco. Now,
it's true, it's in the Tax Collector's Office. I don't even know what the
fee is because I don't pay it.
And Commissioner Hiller has an office --
CHAIRWOMAN HILLER: You can call me Georgia. It's okay.
COMMISSIONER FIALA: Okay -- that she's in more often.
And so what is she charged? And then how does that go into our
budget? And if somebody else has two offices and then if somebody
else has no offices, now it gets really skewed there. I mean, if we're --
CHAIRWOMAN HILLER: That's not part of our budget.
COMMISSIONER FIALA: I know it isn't. That's -- I was just
asking Leo about that, or is that something separate? That's why I'm
asking.
CHAIRWOMAN HILLER: That is separate; it's separate.
COMMISSIONER FIALA: Okay. Just to make sure, because I
asked that, and they didn't seem to know that at that time.
CHAIRWOMAN HILLER: No, no. It is separate. What we
have in our budget is the cost of our aide --
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: -- and, you know, like, the other
things we have to do, like travel and --
COMMISSIONER FIALA: But what about our valid public
purpose?
CHAIRWOMAN HILLER: That's part of our budget.
COMMISSIONER FIALA: Okay. So what do you put it under?
CHAIRWOMAN HILLER: And then -- you get to -- you
allocate it wherever --
COMMISSIONER FIALA: Well, I know that, but -- I
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understand that but say, for instance, you go to one thing a year or you
go to --
CHAIRWOMAN HILLER: Right.
COMMISSIONER FIALA: -- ten things a month.
CHAIRWOMAN HILLER: For example -- right.
COMMISSIONER FIALA: Now, do you put that under -- do
you put it under travel? Do you put it under mileage? What do you
put it under? Mileage we get $1,000 a year. Well, heck, I think -- I
would guess, and I'm not sure, but Commissioner Nance probably puts
on $1,000. I know I put probably $1,000 every four months.
CHAIRWOMAN HILLER: I think -- my understanding, from
the way Leo has designed the template, is that, as Commissioner
Coyle pointed out, we each have a column and we each have the same
total, and within that total you do whatever you want to do to manage
your business.
COMMISSIONER FIALA: Right, but this is why I wanted Leo
to tell me --
CHAIRWOMAN HILLER: Sure.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: I wanted you to tell me what's going
to work, because each one of us have such different operating
procedures, different districts, different manners in which we address
our communities.
MR. OCHS: The budget that was part of your executive
summary and I have up here on the visualizer, you see the total budget
as it exists today on the left-hand side, the adopted and amended
budget. All we did was take that total cost, divide it by five, except
for a small common budget for office automation charges and other
common copy charges, utilities, et cetera.
You still have 4,000 each for your travel budgets. You have
$1,000 for your mileage reimbursement and these other allocated
costs.
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You can -- so the bottom line is you each have $216,000 roughly,
whatever that number is, to operate your individual budget on. And
you see --
CHAIRWOMAN HILLER: Everybody's choking over your
budgeting. I just want you to know that.
MR. OCHS: I know it's a bit of an eye chart. But, again, my last
order from the board was to take the budget, divide it into five. You
have enough money in that budget to pay your aides, you know, up to
$60,000.
COMMISSIONER FIALA: Now, Leo, you were just talking
about travel and mileage. Mileage is what and travel is what?
MR. OCHS: Again, if you -- let's look at your column,
Commission District 1, Commissioner Fiala. You have --
COMMISSIONER FIALA: Mileage.
MR. OCHS: This is the budget now. This is not year to date,
you know, what's encumbered and what's not.
COMMISSIONER FIALA: Right, I understand that. But if I'm
going to Tallahassee, does that -- that probably goes under travel. If
I'm going to a CREW meeting in Estero or if I'm going to an MPO -- a
joint MPO meeting in Bonita, does that come under travel? Then does
mileage come under -- when I'm going to Marco or to any other of the
other things -- I mean, I'm just getting -- I just want to have it really
clear.
MR. OCHS: Commissioner -- sure. And I'm not suggesting you
change the way you've traditionally budgeted for those expenses or for
reimbursements for those expenses. You would do the same thing
you've been doing, frankly.
COMMISSIONER NANCE: What you do is you put it under
one account, travel and mileage, five grand, done.
MR. OCHS: You are not regulated by the individual line item.
You're regulated at the cost, sir.
COMMISSIONER FIALA: Okay. So travel would be if we
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have to go to Tallahassee, right?
MR. OCHS: Yes.
MS. PRICE: Yes, ma'am.
COMMISSIONER FIALA: Okay. So then travel, so if we have
to go to Tallahassee.
Now, say, for instance, if you're on the board, the FAC board,
and you have to go up there three times in a year, you've probably
used your entire travel budget, right?
COMMISSIONER HENNING: We're not changing any of that.
That comes out of the county manager's budget.
COMMISSIONER FIALA: Oh, it comes out of the county
manager budget?
COMMISSIONER HENNING: The FAC, Florida Association
of Counties.
COMMISSIONER FIALA: Does it, Leo?
MR. OCHS: You've got me all confused here now.
COMMISSIONER NANCE: Sounds like it does.
MR. OCHS: Well, we have memberships that are out of other
general administration budget for board members.
COMMISSIONER FIALA: But that's memberships. That's not
travel.
MR. OCHS: Yeah, but not the travel, to my understanding.
COMMISSIONER FIALA: Yeah. I just wanted to -- I mean, I'll
just keep doing what I'm doing. I just wanted to make sure that -- you
know, that --
CHAIRWOMAN HILLER: Let me make it -- let me make a
suggestion that we approve what's been presented here today, and let's
the board go back and start working with it. If it appears that the
budgeting that's been proposed doesn't work, any commissioner can
bring this back and we can modify based on what reality is versus
what people think it might be.
So, if we make -- if I could have someone make a motion to
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approve what's been presented --
COMMISSIONER COYLE: Already made the motion.
CHAIRWOMAN HILLER: Oh, did you? Thank you. Do we
have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Okay. And then like I said --
COMMISSIONER FIALA: But we still need to know what valid
public purpose -- say, for instance, we go to events, is that travel?
MR. OCHS: However you're charging it now, Commissioner,
you would continue to do the same.
COMMISSIONER FIALA: I don't know. I give it to you, and
you guys take care of it.
MR. OCHS: Well, then we'll continue to take care of it.
MS. PRICE: Then that's how we'll do it.
COMMISSIONER FIALA: Okay. We turn it in. The board
votes on it here.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: And then you're going to deduct it
from this budget under travel --
MR. OCHS: Yes.
COMMISSIONER FIALA: -- lunches, events?
MS. PRICE: Wherever it's coming from right now it will
continue to come from.
COMMISSIONER HENNING: It doesn't change.
CHAIRWOMAN HILLER: Nothing is going to change.
COMMISSIONER FIALA: I understand that, because I'm going
to do what I want to do anyway, and a lot of them I pay for out of my
own money anyway. But I just wanted to know what it goes under.
COMMISSIONER HENNING: Doesn't change.
CHAIRWOMAN HILLER: Do you mind discussing the details?
COMMISSIONER FIALA: No, that's all right.
CHAIRWOMAN HILLER: Thank you.
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COMMISSIONER FIALA: I just think we should bring this --
CHAIRWOMAN HILLER: There being no further discussion --
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Oh, I'm sorry.
COMMISSIONER HENNING: Just a clarification. So we're
keeping it -- the salary range from 50 to 60 and not doing the Pay
Grade 18 where the range is from 45 to 66?
CHAIRWOMAN HILLER: What we did was Pay Grade 18
with the recommended salary being between 50 and 60.
COMMISSIONER HENNING: Is that what the motion reflects?
CHAIRWOMAN HILLER: That's what it should reflect.
COMMISSIONER HENNING: Well, I didn't make the motion.
CHAIRWOMAN HILLER: Does it? Commissioner Coyle, did
you --
COMMISSIONER COYLE: That's what the county manager
recommended.
CHAIRWOMAN HILLER: Yes. So the county manager --
COMMISSIONER HENNING: So it is from 50- to 60-?
CHAIRWOMAN HILLER: Yes, that is the recommended --
MR. OCHS: Pay range.
CHAIRWOMAN HILLER: -- salary for the position within that
range.
COMMISSIONER HENNING: And that's going to present a
problem, so I won't support the motion.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER COYLE: What is the problem it presents?
COMMISSIONER HENNING: Well, again, the -- I mean, I
know that we have one member in there that is on the higher range of
that, and if that person stays for a number of years, they're going to hit
that high range, and they're peaked out.
COMMISSIONER COYLE: Well, we adjust the range.
MR. OCHS: Commissioner, I probably have 30 people or more
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in that same boat in my organization.
COMMISSIONER HENNING: Yeah. Well, we're actually
demoting the pay range for our existing aides. That's exactly what
we're doing.
MR. OCHS: And that's what you asked me to do as a board the
last meeting.
COMMISSIONER HENNING: I know, and that's what we're
going to vote on. We're demoting the salary range for your existing
aides. I can't support that. So what I'm saying, if we keep the salary --
CHAIRWOMAN HILLER: Can I make a --
COMMISSIONER HENNING: No.
CHAIRWOMAN HILLER: Listen.
COMMISSIONER HENNING: Please.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER HENNING: If we keep it at 18 exempt, the
only thing we're doing is changing the exemption status. The pay
range stays the same, okay. But you all do what you want to do.
CHAIRWOMAN HILLER: Again, we're adopting Cat -- or
what is it called? Thank you. What is it called, Category 18 or Pay
Grade 18?
MS. PRICE: Well, it depends on what the motion was.
CHAIRWOMAN HILLER: All right. Hang on. We are
adopting Pay Grade 18, which is the totality of the range with the
recommended salary, which is at the discretion of the individual
commissioner as being between 50- and 60-, but because it's Grade 18,
you can run the gamut of the scale. You can be at the low end or the
high end. The recommended salary is 50- to 60-, but the entire range
of 18 is available to you, Commissioner Henning.
COMMISSIONER HENNING: Nope.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: Wait a minute.
CHAIRWOMAN HILLER: Yes.
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COMMISSIONER COYLE: Hold on just a second. We've
approved the Pay Grade 18.
MR. OCHS: No, sir.
COMMISSIONER COYLE: That's what we said before.
MR. OCHS: You saw that --
COMMISSIONER COYLE: But what you've got on the budget
for this year is a maximum limit of $60,000; is that not correct?
MR. OCHS: It's partially correct.
COMMISSIONER NANCE: That's correct.
MR. OCHS: You have enough budget to pay up to $60,000.
COMMISSIONER COYLE: And next year --
MR. OCHS: No -- go ahead, go ahead.
COMMISSIONER COYLE: And next year when you make the
budget and we say to you we want you to provide us some additional
flexibility on salaries, you can make it 64- or 65-.
MS. PRICE: We can.
MR. OCHS: Correct.
COMMISSIONER COYLE: Right?
MR. OCHS: Right.
COMMISSIONER HENNING: You could.
MR. OCHS: But the thing that you directed me that I brought
back that you're debating is the salary range. I had suggested last time
a salary range very similar to the Range 18 that Commissioner
Henning is talking about, and the board said that range was too high,
narrow the range when you come back.
Now, I don't care. I'm happy to send it back to around 18 where
it is now. You still have to live within your budget authorization,
however.
COMMISSIONER COYLE: That's right. And the reason that
that issue was brought up is that we didn't want to see everybody go
rushing toward the top end of the range. We wanted to take it in a
couple of steps.
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MR. OCHS: Okay.
COMMISSIONER COYLE: And so what we wanted to do was
to maintain an 18 pay grade, but for the budget, we'll budget less than
the maximum of the pay range for this year. We can bump up the
budget in the future as we see fit to adjust for pay raises to employees
in future years.
MR. OCHS: And that's fine. And I think that covers all of the
commissioners' concerns that I've heard expressed.
COMMISSIONER HENNING: Your motion is to keep it, the
range the same, 18?
COMMISSIONER COYLE: The range the same, but the budget
will reflect for this year --
COMMISSIONER HENNING: Okay. That isn't what the
manager's recommendation is --
COMMISSIONER COYLE: -- with the maximum of $60,000.
COMMISSIONER HENNING: -- but that's fine.
MR. OCHS: That will work, yes, sir.
COMMISSIONER HENNING: I can support it.
CHAIRWOMAN HILLER: So --
COMMISSIONER HENNING: Aye.
COMMISSIONER COYLE: Call the question.
CHAIRWOMAN HILLER: I'm calling it.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed? Wow, motion
carries unanimously, Leo.
MR. OCHS: It's unanimous.
CHAIRWOMAN HILLER: And I thought we were going to
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have another workshop on this.
COMMISSIONER NANCE: Everybody's getting weak.
COMMISSIONER COYLE: Oh, I think we should.
CHAIRWOMAN HILLER: I think we should, too.
COMMISSIONER FIALA: That's because we love to be
together.
CHAIRWOMAN HILLER: Okay, go ahead.
Item #1 l E
RESOLUTION 2013-81: RECOMMENDATION TO APPROVE
THE PROPOSED AMENDMENTS TO THE TOURIST
DEVELOPMENT TAX (TDT) ORDINANCE TO INCREASE
DESTINATION MARKETING EFFORTS AND THE ANNUAL
ACCUMULATION OF RESERVES FOR BEACH
RENOURISHMENT, AUTHORIZE ADVERTISEMENT OF THE
PROPOSED AMENDMENTS FOR PUBLIC HEARING, AND
APPROVE THE PROPOSED RESOLUTION AMENDING THE
TDT CATEGORY "A" FUNDING POLICY ADOPTED WITH
AMENDED PAGES
MR. OCHS: Commissioners, that takes you to Item 11E, which
was previously 16F6 on your consent agenda, and that is a
recommendation to approve the proposed amendments to the tourist
development tax ordinance to increase destination marketing efforts
and the annual accumulation of reserves for beach renourishment,
authorize advertisement of the proposed amendments for public
hearing, and approve the proposed resolution amending the TDC
Category A funding policy.
CHAIRWOMAN HILLER: Motion to approve.
MR. OCHS: This item was moved at Commissioner Nance's
request from the consent agenda to the regular agenda.
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COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: I will tell you what I'm concerned
about. And I handed some people some things. And I think there
needs to be a little language in here to control the amount of money
that's spent for administration, and it's approved by the board each
year in the budget process.
On the second page of the executive summary are two tables.
What is omitted from the table in Category A is the administrative
cost fund which is Fund 185. It's not -- it was not put in that table;
however, in the ordinance in the strikethrough/underline before you on
Page 5 of 7, you'll see under Category A there's not an administrative
fund that's analogous to Mr. Wert's TDC administrative fund, which is
194. But, in fact, it exists in his Fund 185, and it does exist.
And it's mentioned on Page 5 of 7 of the ordinance under
administrative costs. And I believe that that language needs to be
cleared up to lend clarity. And what it should say is, on Page 5 of 7,
tourism promotion administrative costs, Fund 194, may be amended or
upwardly -- upwardly or downwardly prospectively from the date of
the budget amendment provided the amount does not exceed 32
percent. Now, the reason I'm saying that is, if you leave it the way it
is, it just says costs shall not exceed 32 percent.
It does the same thing under the management Fund 185, which I
said was omitted, which is the administrative for the beach
renourishment and the beach-park facilities.
If our effort here is wildly successful, there's going to be huge
amounts of money in these administrative funds, and in order to have
clear oversight and accountability, the Board of County
Commissioners needs to approve that to a reasonable level.
I see no reason why the administrative funds in the beach
renourishment should become an enormous amount of money. I
assume those are spent by Coastal Zone Management.
MR. OCHS: Well, both coastal and facilities management who
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is responsible for the construction of the beach access.
COMMISSIONER NANCE: But within this ordinance it
indicates that the overhead, which is Fund 185, and it should state that,
shall not exceed 15 percent of Category A funds, with the charges to
be split 75 to beach renourishment and 25 to beach-park facilities.
I believe that's the original split that was in the ordinance to begin
with, and I believe that that 75/25 should be changed more to like 95
and 5 to reflect the fact that we're not spending money in beach
facilities. We're spending it on beach renourishment.
So you've got a -- you're really taxing beach facilities unfairly in
your split. I just thought that that ought to be clarified.
MR. OCHS: Commissioner -- Commissioners, we had a chance
to discuss this with Commissioner Nance at lunch break. I put a
couple of things here on the overhead. This first one is an amended
table that does not only acknowledge the --
COMMISSIONER HENNING: Split.
MR. WERT: 185.
MR. OCHS: -- the Fund 185. The reason it wasn't in the original
table, we were giving you a comparison of the current versus the
proposed reallocation of funds. There is no proposed reallocation of
the beach administrative fund. It's still 15 percent. It was -- it is today,
and we're recommending --
COMMISSIONER NANCE: Exactly, and that's my concern.
My concern is that that pool of money shouldn't be an unlimited pool
of money. I'm expecting Mr. Wert to be wildly successful. And if
that fund is millions and millions of dollars, we need to have some
accountability on it.
COMMISSIONER HENNING: Good catch.
MR. OCHS: We do have accountability on it, sir, and you look
at that administrative budget every June when we bring it to you in
your workshops, and we would be very comfortable with the language
that you see on the visualizer, which I believe reflects your intent.
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COMMISSIONER NANCE: And what that does is that allows
accountability, and it allows us to have a fixed budget for
administrative fees, which we should have, rather than a -- one that
has no up -- you know, because I think you're going to be surprised at
how much 32 percent of the Category B funds are going to be.
MR. OCHS: Sure. And Jack --
COMMISSIONER NANCE: I'm expecting him -- he's telling me
he's waving the flag saying, oh, I'm going to raise all this money for
you, Tim. Well, that means that there's going to be an extraordinary
amount of money that we might want to push back into promotion
instead of letting Mr. Wert have it all.
Sorry, Mr. Wert, but --
MR. OCHS: No, that's fine. In fact --
CHAIRWOMAN HILLER: But just -- let me just help. Can I
help?
MR. OCHS: -- the way that fund works, Madam Chair, is
whatever Jack doesn't spend in that administrative fund sweeps
immediately into promotion and advertising and marketing, and he's
never spent anywhere near 32 percent of his administrative charges.
CHAIRWOMAN HILLER: Just to let you know, what we do at
the TDC board -- one of the things that I instituted was reporting. And
I can't remember if I did it for every single meeting -- yeah, because
we meet monthly, or they meet monthly.
And, essentially, what they do is they bring forward what they
have spent both in --
MR. WERT: All eight funds.
CHAIRWOMAN HILLER: -- Jack's department as well as
coastal zone management. So every month TDC reviews how much
money has accumulated in way of -- by way of revenue and what has
been spent administratively. So this adjustment can be monitored, and
to the extent we see something go up too high, we shift it.
Like, for example, when I was on the TDC board, I saw that there
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was money allocated to beach-park facilities that should have been
rolled into reserves, and we moved five million in the middle of one
month into reserves.
So the governor is there, and the monitoring by the TDC of the
expenditures on a monthly basis prevents the abuse that you're
describing.
COMMISSIONER NANCE: Well, I just thought that this
language might -- since we're rewriting our ordinance, I thought it
might lend clarity and accountability and make sure that people
understand what's what with that. And I just brought it forward for the
board's consideration.
CHAIRWOMAN HILLER: No. It's a fair consideration. And in
response, it does have to be monitored and, fortunately, the TDC --
and I hope they're continuing to do that.
Are they not, Commissioner Henning?
MR. WERT: Oh, yeah. It is every quarter we bring that report.
CHAIRWOMAN HILLER: Yeah, every quarter now. Yeah,
that's fine. And I believe -- and I think that's correct.
MR. WERT: And that's by ordinance.
MR. OCHS: Commissioner, do these changes reflect your
intent?
COMMISSIONER NANCE: Yes, sir. And I intended to support
both of these agenda items. I just thought that we should review this.
MR. OCHS: No, and I appreciate that.
COMMISSIONER NANCE: And I can see that we're going to --
in the second agenda item, we're going to approve $250,000 of
additional personnel for Mr. Wert at his request. I think we need to
honor him with that courtesy, but that should also be a -- you know,
reflected in the 2014 budget going forward --
MR. OCHS: Oh, absolutely.
COMMISSIONER NANCE: -- under the appropriate fund.
MR. OCHS: Yes, sir.
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CHAIRWOMAN HILLER: Can I order pizza?
COMMISSIONER FIALA: We did that one time and ate it.
COMMISSIONER COYLE: But I'm only going to be here
another two minutes.
CHAIRWOMAN HILLER: Oh, okay. Good. That means one
minute for you to speak, one to say goodbye.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: Okay. Go ahead, Commissioner.
COMMISSIONER COYLE: One thing I'd like to throw out for
consideration here is the last time we talked about allocations and how
the funds for promotion were going to be utilized, we were assured
that they would be utilized primarily for either the shoulder seasons or
the summer season because you'd pretty much reached saturation
during the peak months of the year. And you're not going to increase
occupancy very much by throwing a lot more money at it.
So what I would like -- I would find useful is a budget which
shows the allocation of the funds by month so that we have an
understanding of when you're going to spend those funds to make sure
that we're getting the biggest bang for the buck. And I would expect
the hoteliers to provide you guidance on when you ought to be doing
that, but that's the kind of report I think would be useful to us, because
you could track occupancy, number of visitors, and that sort of thing
in tandem with your expenditures of more advertising funds --
CHAIRWOMAN HILLER: I believe --
COMMISSIONER COYLE: -- and we --
CHAIRWOMAN HILLER: -- Jack already does that.
MR. WERT: We can certainly continue to, but we don't bring it
to the board here.
CHAIRWOMAN HILLER: Right, but he does do that.
MR. WERT: TDC does see that, but yes.
COMMISSIONER COYLE: Well, I've seen them at the TDC
before, and they weren't what I was looking for.
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March 26, 2013
MR. WERT: Okay.
COMMISSIONER COYLE: But I'm trying to be as clear as I
can about what I'm looking for. I think it would be helpful, because I
would like to know what the occupancy rates are by month throughout
the year, I'd like to know how much money you've got allocated for
each one of those months throughout the year, and then understand the
improvement in visitation rate and occupancy by month throughout
the year.
And that way it seems to me that you could keep us better
informed, we'd better understand what you're doing, and it would be
helpful.
MR. WERT: And I -- we will absolutely do that, keeping in
mind that oftentimes we're spending money, and the results you don't
see for a couple of months.
COMMISSIONER COYLE: I understand there's a lag, yes.
MR. WERT: But we certainly can compare that.
COMMISSIONER COYLE: Yeah, I understand that.
CHAIRWOMAN HILLER: So you can't -- the point being is
you're not going to see the correlation, because when he reports an
expenditure, the benefit will come five months later --
COMMISSIONER COYLE: Perhaps.
CHAIRWOMAN HILLER: -- so --
MR. OCHS: We could bring --
CHAIRWOMAN HILLER: -- it's a snapshot in time.
MR. WERT: We'll bring back that report.
MR. OCHS: We can explain that.
COMMISSIONER COYLE: Yeah, and that's fine. As long as
we understand that, we can interpret it appropriately, and we'll reach a
conclusion.
MR. OCHS: We'll be happy to do that, Commissioners.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: We have a motion and a second.
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March 26, 2013
We have --
COMMISSIONER HENNING: With the amended?
MR. OCHS: Yes, with these amended pages incorporated into
the executive summary.
COMMISSIONER NANCE: Into the ordinance.
MR. OCHS: Yes, into the documents.
CHAIRWOMAN HILLER: We have a motion and a second.
There being no further discussion, all in favor?
MR. MILLER: Madam, I don't believe they're here, but I think I
do need to call their names, as they've registered.
CHAIRWOMAN HILLER: Go ahead.
MR. MILLER: Clark Hill?
MR. WERT: He is gone.
MR. MILLER: And Bob Krasowski.
CHAIRWOMAN HILLER: Someone ought to call him and
bring him back, because we don't want to leave. We're having such a
good time. I mean, this is so entertaining.
MR. MILLER: He's registered again on the next, ma'am.
CHAIRWOMAN HILLER: Is he? Well, definitely call him up.
We are waiting.
COMMISSIONER COYLE: I've got him on speed dial, if you'd
like.
CHAIRWOMAN HILLER: Hey, so do I, except it's speed dial
in, not out.
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.
The next item is --
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March 26, 2013
MR. OCHS: 16F7.
CHAIRWOMAN HILLER: -- 16F7. That is now 11F.
Item #11F
RECOMMENDATION TO APPROVE THREE DESTINATION
MARKETING POSITIONS FROM UNCOMMITTED FY 12
CARRY FORWARD UP TO $250,000 FOR ADDITIONAL
DESTINATION MARKETING STAFF IN THE TOURISM
DEPARTMENT, AND APPROVE NECESSARY BUDGET
AMENDMENTS — APPROVED
MR. OCHS: 11F.
COMMISSIONER NANCE: Motion to approve.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Is there any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no 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.
MR. WERT: Madam Chair, I believe Commissioner Coyle did
have one question on F3, the --
COMMISSIONER COYLE: Yeah.
MR. WERT: And I just wanted to clarify. You are correct, the
executive summary for the grants is correct. We want the guideline to
say that broadcast and print ads are in media outside of the DMA for
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March 26, 2013
Fort Myers.
COMMISSIONER COYLE: Fort Myers, yes.
MR. WERT: It was correct in the B grant application. It was not
correct -- we missed a word. We will fix that. And so that is the
intent, that all of that needs to be outside that DMA.
COMMISSIONER COYLE: Good, good.
MR. WERT: Thank you, sir.
CHAIRWOMAN HILLER: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us to Item 15 on your
agenda today, staff and commission general communications.
I have one item very briefly, and this is just to get some
concurrence from the board so that, for planning purposes, we have
time to amend this. But on April 2nd we've already prepared the
agenda for your next workshop. Those two topics as displayed there
will be on the April 2nd agenda.
For your May, June, and September meetings, those are staff
suggestions. We can certainly change those if you would like to talk
about something else or something additionally. But I would -- I just
want to get a sense from the board if we're on track with --
CHAIRWOMAN HILLER: I think we should talk about aides'
salaries.
COMMISSIONER FIALA: April 2nd did you say we have a --
MR. OCHS: April 2nd is your workshop.
COMMISSIONER FIALA: That's next week, Tuesday, right?
MR. OCHS: Yes, it's the first Tuesday of the month, yes,
Commissioner, from one to five.
COMMISSIONER FIALA: Okay.
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March 26, 2013
MR. OCHS: So that was just informational. And if the board has
any other topics, please send them my way so I can make sure I get
them on your --
COMMISSIONER FIALA: What was the topic? I'm sorry.
MR. OCHS: For April 2nd?
COMMISSIONER FIALA: Yeah.
MR. OCHS: We're going to talk about the beach renourishment
peer review and hopefully finalize the quantity of sand to be placed on
the beaches so we can incorporate that into your final bids for the
beach renourishment.
COMMISSIONER COYLE: Are you holding Wednesdays open
for a continuation?
MR. OCHS: Pardon me? At the workshop? No, sir, I'm not.
And then you're going to get your Affordable Housing Inventory
Report. Again, that's just a report that we ask you to accept every
year. We don't need any particular board action on it, but we owe you
that report.
CHAIRWOMAN HILLER: County Attorney?
MR. KLATZKOW: Nothing, ma'am.
COMMISSIONER HENNING: Can I go first? I've got a date
with the Easter bunny.
CHAIRWOMAN HILLER: Awe, that's so cute.
COMMISSIONER HENNING: I have nothing. Happy Easter.
CHAIRWOMAN HILLER: That is lovely. Well, have a
wonderful Easter. I hope you find many eggs.
COMMISSIONER HENNING: Golden eggs.
(Commissioner Henning left the boardroom for the remainder of
the meeting.)
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Ochs, I would also
suggest if you would have a chance, and I think it's in your own best
interest and self defense, as I mentioned, if you would give us a little
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March 26, 2013
calendar on where you are with all these other agenda items to which
we've attached deadlines --
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: -- and hopeful outcomes. And I
think just having that available will guide us as to what we can ask
you to do that's reasonable.
MR. OCHS: Thank you, and I'll get that to the board again.
COMMISSIONER NANCE: Because I know you've got a lot of
things in the hopper.
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: Thank you, sir.
MR. OCHS: You're welcome, sir. Thank you.
CHAIRWOMAN HILLER: He's hopping.
Commissioner Coyle?
COMMISSIONER COYLE: I have nothing.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I just had a suggestion. When
we talk about budgeting things or auditing, something that's
specifically for one department that doesn't have a whole bunch of
people here, maybe -- but it's our own staff members -- I don't care if
it's with our own OMB or whomever, maybe we should plan that
toward the end of the day when it's just our staff members here so that
we don't hold the public up too much. It's just a suggestion. Thought
you might want to bounce that around a little bit.
CHAIRWOMAN HILLER: I think what's also important, to
follow up on what Commissioner Fiala said, if Mr. Curry knew he was
going to bring all these constituents to lobby on his behalf, he should
have requested a time-certain for his agenda item, and that really goes
for all staff. I mean, if you have an issue that you believe is going to,
you know, involve a larger number of the public, request a
time-certain.
You know, we can't -- Leo can't possibly fathom how many
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March 26, 2013
people are going to show up for an item. So input is required;
otherwise, people will be inconvenienced and, quite frankly, it's the
fault of the individual who put the item on the agenda.
COMMISSIONER FIALA: Okay. And I think -- I only had --
well, these things I can just handle behind the scenes. It doesn't make
a difference. I'll just write some emails about that. I just wanted to
wish everybody a Happy Easter.
CHAIRWOMAN HILLER: Awesome.
COMMISSIONER FIALA: And congratulations.
CHAIRWOMAN HILLER: Yeah, everybody -- Kate, do you
want to announce?
COMMISSIONER FIALA: No.
CHAIRWOMAN HILLER: No, okay, forget it.
COMMISSIONER NANCE: Everybody knows now.
CHAIRWOMAN HILLER: Do not tell anybody. Whatever you
do, do not let the Naples Daily News know because you know what
they'll do. They'll spin it.
COMMISSIONER COYLE: Are you engaged?
COMMISSIONER FIALA: Somewhat.
MS. ALBERS: Yeah, somewhat.
CHAIRWOMAN HILLER: Well, we're not going to go there.
Yeah, Happy Easter.
I mean, what a fun and exciting and enjoyable and -- you know,
meeting, full of scintillating wit and effervescent charm.
COMMISSIONER NANCE: Entertainment.
CHAIRWOMAN HILLER: Entertainment. Thank you very
much. Happy Holidays.
COMMISSIONER FIALA: Motion to adjourn.
*****
**** Commissioner Henning moved, seconded by Commissioner
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March 26, 2013
Nance and carried unanimously that the following items under the
Consent Agenda be approved ****
Item #16A1
ACCEPTING THE SPECIFIC PAST STAFF CLARIFICATIONS
OF THE LAND DEVELOPMENT CODE (LDC) ATTACHED TO
THIS EXECUTIVE SUMMARY — THAT WERE REVIEWED BY
THE CCPC DURING THEIR MEETING HELD ON FEBRUARY
7, 2013
Item #16A2
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR RITZ CARLTON HOTEL PL-20090001409 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITY PERFORMANCE SECURITY
BOND (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $5,425.99 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — WITH THE
INFRASTRUCTURE CONNECTED BEYOND THE MASTER
METER IS OWNED AND MAINTAINED BY THE OWNER
Item #16A3 — Withdrawn (Per Agenda Change Sheet)
RELEASE THE EXCAVATION PERFORMANCE BOND IN THE
AMOUNT OF $1,000,000 TO THE PROJECT ENGINEER OR
THE DEVELOPER'S DESIGNATED AGENT FOR ARTHREX AT
AVE MARIA AR-13095 — THE PROJECT WAS RELOCATED TO
ANOTHER SITE, THIS PERMIT IS NO LONGER NEEDED
Item #16A4
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March 26, 2013
RESOLUTION 2013-71: FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF HERITAGE BAY COMMONS (APPLICATION
NUMBER AR-PPL5877) WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED AND AUTHORIZING THE RELEASE OF THE
MAINTENANCE SECURITY AND ACCEPTANCE OF THE
PLAT DEDICATIONS
Item #16A5
STAFF TO ADVERTISE AN AMENDMENT TO THE COUNTY'S
FLOOD DAMAGE PREVENTION ORDINANCE (FDPO) TO
ADOPT LETTERS OF MAP CHANGE AND PHYSICAL MAP
REVISIONS THAT HAVE BEEN APPROVED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
AND ESTABLISH REVISIONS TO THE EFFECTIVE DIGITAL
FLOOD INSURANCE RATE MAP (DFIRM) — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16A6
AUTHORIZE THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $75,000 WHICH
WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK
ASSOCIATED WITH LEE COUNTY ELECTRIC COMPANY
(LCEC) SUB-STATION, (APPLICATION NUMBER AR-13608) —
THE SECURITY WAS POSTED TO ENSURE THE
DEMOLITION OF THE FORMER SITE
Item #16A7
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March 26, 2013
RECORD THE FINAL PLAT OF ARTHREX AT CREEKSIDE -
TRACT "A", APPLICATION NUMBER FP-PL20130000261 —
LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25
EAST
Item #16A8
RELEASE OF LIEN IN THE AMOUNT OF $314,557.86 FOR
PAYMENT OF $807.86, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. NAPLES PROPERTY SERVICES, LLC, CODE
ENFORCEMENT CASE NUMBER 2007050653, RELATING TO
PROPERTY LOCATED AT 865 95TH AVE N, COLLIER
COUNTY, FLORIDA — BASED ON ACCRUED FINES FOR NON-
COMPLIANCE PERIOD OF 1,571 DAYS FOR ALTERATIONS
TO THE INTERIOR AND EXTERIOR WITHOUT PERMITS
WHICH WERE BROUGHT INTO COMPLIANCE ON
DECEMBER 12, 2012
Item #16A9 — Moved to Item #11C (Per Agenda Change Sheet)
Item #16A10
AWARD OF INVITATION TO BID ITB NO. 12-5936R BEACH
MAINTENANCE ACTIVITIES TO EASTMAN AGGREGATE
ENTERPRISES, LLC FOR AN AS-NEEDED CONTRACT FOR
EMERGENCY BEACH MAINTENANCE SERVICES,
AUTHORIZE THE CHAIRMAN TO SIGN THE COUNTY
ATTORNEY'S APPROVED CONTRACT, AND MAKE A
FINDING THAT THIS ACTIVITY PROMOTES TOURISM — THE
COST ADJUSTMENT FOR THE LASER GRADING ON NORTH
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March 26, 2013
SIDE OF MARCO ISLAND BEACHES WOULD ALSO COVER
EMERGENCY CLEAN-UP SITUATIONS SUCH AS FISH KILLS,
SEAWEED AND STORM EVENS AS NEEDED
Item #16A11
DEVELOPER'S REQUEST TO RELEASE A PUD COMMITMENT
WITHIN THE TUSCANY RESERVE PUD — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16Al2 — Continued to the April 9, 2013 BCC Meeting (Per
Agenda Change Sheet)
CHAIRWOMAN TO EXECUTE A PROMOTIONAL FUND
PRIVATE GRANT AGREEMENT IN THE AMOUNT OF
$500,000 FOR THE COUNTY'S ARTIFICIAL REEF PROGRAM,
ACCEPT DONATED PROFESSIONAL SERVICES FROM
TURRELL, HALL AND ASSOCIATES INC., AND APPROVE
ANY NECESSARY BUDGET AMENDMENTS — UTILIZING
THE PRIVATE GRANT AWARDED TO COLLIER COUNTY BY
BP (BRITISH PETROLEUM)
Item #16B1
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE
A BUDGET AMENDMENT AUTHORIZING THE IMMOKALEE
COMMUNITY REDEVELOPMENT AGENCY TO COMMIT
$61,087 OF CDBG GRANT AWARD #B-12-UC-12-0016 FOR
FY2012-2013, JOB CREATION PROJECT, TO FUND 715 FOR
THE IMMOKALEE BUSINESS DEVELOPMENT CENTER
(IBDC) — FOR THE CENTER MANAGER'S SALARY
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March 26, 2013
Item #16B2
BOARD OF COUNTY COMMISSIONERS (BCC) ACTING IN ITS
CAPACITY AS THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVE THE
SELECTION COMMITTEE RANKINGS AND AUTHORIZE
ENTERING INTO NEGOTIATIONS WITH CDM SMITH, INC.,
FOR A CONTRACT RELATED TO REQUEST FOR PROPOSAL
NUMBER 13-5988, "IMMOKALEE STORMWATER
IMPROVEMENTS - PHASE II." — PROVIDING PROFESSIONAL
DESIGN SERVICES
Item #16C1
RESOLUTION 2013-72: SATISFACTIONS OF LIEN FOR THE
1991, 1992, 1993, 1994, 1995 AND 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS WHERE THE COUNTY HAS RECEIVED
PAYMENT IN FULL SATISFACTIONS OF THE LIEN. FISCAL
IMPACT IS $97 TO RECORD THE SATISFACTIONS OF LIEN
Item #16C2
EXECUTE A NOTICE OF PROMISE TO PAY AND
AGREEMENT TO EXTEND PAYMENT OF WASTEWATER
SYSTEM IMPACT FEES WITH DAVID K. AND CHERYL L.
BOOT, IN THE AMOUNT OF $3,220, WITH ESTIMATED
INTEREST OF $571.25 — LOCATED AT 346 CYPRESS WAY
WEST, PARCEL #00159480005
Item #16C3 — Moved from Item #11A (Per Agenda Change Sheet)
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March 26, 2013
COUNTY MANAGER, OR HIS DESIGNEE, TO GIVE NOTICE
TO FORMALLY INITIATE THE INTEGRATION OF THE
ORANGE TREE UTILITY COMPANY INTO THE COLLIER
COUNTY WATER-SEWER DISTRICT TO PROVIDE WATER
AND SEWER UTILITIES TO ORANGE TREE UTILITY
CUSTOMERS PURSUANT TO THE MAY 28, 1991,
AGREEMENT, AS AMENDED, BETWEEN ORANGE TREE
UTILITY COMPANY AND ORANGETREE ASSOCIATES AND
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY (BOARD), WITH THE OBJECTIVE OF RETURNING
TO THE BOARD WITH A PROPOSED UTILITY SYSTEM
INTEGRATION AGREEMENT
Item #16D1
CHAIRWOMAN TO EXECUTE THE PARKS AND
RECREATION DEPARTMENT SUMMER FOOD SERVICE
AGREEMENTS TO AUTHORIZE COLLIER COUNTY TO BE A
SPONSOR AND OPERATE THE 2013 SUMMER FOOD
SERVICE PROGRAM AT DESIGNATED RECREATION CAMPS.
(NET FISCAL IMPACT $16,970.54) — PROVIDING
NUTRITIONAL BREAKFASTS AND LUNCHES FOR THOSE
CHILDREN UNABLE TO GO TO THE SCHOOL DISTRICT
SITES
Item #16D2
WAIVER TO THE LAND DEVELOPMENT CODE (LDC)
SECTION 9.03.02 G FOR THE COUNTY OWNED PROPERTIES
LOCATED AT 5318-5340 GILCHRIST STREET TO ALLOW FOR
NEEDED REHABILITATION AND REPAIR IN ORDER TO
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March 26, 2013
EVENTUALLY DISPOSE OF THE PROPERTIES FROM
COUNTY OWNERSHIP — THE PROPERTIES HAVE BEEN
DEEMED LEGAL NON-CONFORMING STRUCTURES
Item #16D3
BUDGET AMENDMENT RECOGNIZING $64,822.16 IN
PROGRAM INCOME REVENUE GENERATED BY
PROPERTIES ACQUIRED UNDER THE NEIGHBORHOOD
STABILIZATION PROGRAM (NSP1) — FROM RENT
COLLECTED AT THE FOLLOWING ADDRESSES: 5318
GILCHRIST ST., 5320 GILCHRIST ST., 5322 GILCHRIST ST.,
5324 GILCHRIST., 5326 GILCHRIST ST., 5328 GILCHRIST ST.,
5330 GILCHRIST ST., 5334 GILCHRIST ST., 5336 GILCHRIST
ST. AND 4040 31ST AVE. NE
Item #16D4 — Withdrawn (Per Agenda Change Sheet)
ONE (1) RELEASE OF LIEN FOR AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT FOR AN AFFORDABLE
HOUSING UNIT SOLD WHICH IS NO LONGER SUBJECT TO
THE TERMS OF THE AGREEMENT — DUE TO THE PROPERTY
BEING SOLD FOR LESS THAN THE ORIGINAL PURCHASE
PRICE
Item #16D5
MODIFICATION #9 TO A SUBGRANT AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY (DEO) AND COLLIER COUNTY, DISASTER
RECOVERY INITIATIVE GRANT AGREEMENT #07DB-3V-09-
21-01-ZO 1, TO REINSTATE AND EXTEND THE GRANT
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March 26, 2013
AGREEMENT, EXPAND ONE PROJECT AT HATCHER'S
PRESERVE, INITIATE A NEW CORRESPONDING
SUBRECIPIENT AGREEMENT WITH EMPOWERMENT
ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY
DEVELOPMENT CORPORATION, RECOGNIZE PROGRAM
INCOME AND APPROVE A BUDGET AMENDMENT — TO BE
USED FOR THE INFRASTRUCTURE FOR HATCHER'S
PRESERVE
Item #16D6
SUBRECIPIENT AGREEMENT WITH THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY - IMMOKALEE IN
THE AMOUNT OF $61,087 FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AWARD — FOR THE
IBDC MANAGER'S SALARY
Item #16D7
TERMINATE CONTRACT #08-5128 - PHARMACY SERVICES
WITH SUNSHINE PHARMACY, INC., AND RATIFY
CONTRACT #13-6053 PHARMACY SERVICES WITH
WOOLLEY'S PHARMACY, INC., FROM FEBRUARY 1, 2013
THROUGH APRIL 13, 2014
Item #16E1
RECONSIDER RETAINING PROPERTIES FROM ACTIVE
SALES OBTAINED FROM AVATAR PROPERTIES, INC., THAT
ARE PART OF THE GOLDEN GATE ESTATES LAND TRUST —
FOR THE FOLLOWING FOLIO #'S: 37289560004, 37445840005,
36915200008, 37590080008, 37807880001, 39271840002,
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March 26, 2013
37493920003, 41824360008, 41887560007, 45967400009,
40752400002, 40749320001 (E75/W 180), 4079320001 (E75/E 150),
41714000009, 41713 8 80000, 38840040001, 40120440005 AND
39786160002
Item #16E2
EXECUTE THE DOCUMENT NECESSARY TO CONVEY AN
EASEMENT ON COUNTY PROPERTY AT THE COLLIER
COUNTY LANDFILL, LOCATED AT 3730 WHITE LAKE
BOULEVARD, NAPLES, FL, TO FP&L — FOR THE
INSTALLATION OF ELECTRICAL INFRASTRUCTURE ON
COUNTY PROPERTY
Item #16E3
A MEMORANDUM OF AGREEMENT BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF HEALTH AND EMERGENCY
MEDICAL SERVICES AS THE CHEMPACK CACHE
LOCATION FOR THE PURPOSE OF RESPONDING TO ACTS
OF CHEMICAL EMERGENCIES POSING A PUBLIC HEALTH
CRISIS — THROUGH THE STRATEGIC NATIONAL STOCKPILE
(SNS) PROGRAM IMPLEMENTED BY THE CDC
Item #16E4
TERMINATE CONTRACT #12-5845, COUNTYWIDE
CHEMICALS, WITH TANNER INDUSTRIES, INC., AS A
PRIMARY SUPPLIER OF AMMONIA FOR THE COLLIER
COUNTY WATER DEPARTMENT — STAFF TO USE AIRGAS
SPECIALTY PRODUCTS, INC. AS THE PRIMARY AMMONIA
SUPPLIER
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March 26, 2013
Item #16E5
ACCEPTANCE OF A VOLUNTEER FIRE ASSISTANCE GRANT
AWARD IN THE AMOUNT OF $1,260 TO PURCHASE CLASS A
FOAM FOR THE ISLES OF CAPRI FIRE RESCUE DISTRICT
AND AUTHORIZE ALL NECESSARY BUDGET
AMENDMENTS (LOCAL MATCH $1,260)
Item #16F1 — Moved to Item #11G (During Agenda Changes)
Item #16F2
RESOLUTION 2013-73: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2012-13 ADOPTED BUDGET
Item #16F3
FY 14 TOURIST DEVELOPMENT COUNCIL (TDC) GRANT
APPLICATIONS FOR CATEGORY B AND C-2 AND
AUTHORIZE THE TOURISM DIRECTOR TO WORK WITH A
SELECTION COMMITTEE TO REVIEW THE GRANT
APPLICATIONS PRIOR TO PRESENTATION TO THE TDC
Item #16F4
NATURAL RESOURCES DEPARTMENT DIRECTOR WILLIAM
LORENZ AS SECOND ALTERNATE TO REPRESENT COLLIER
COUNTY AT THE MONTHLY CONSORTIUM MEETINGS
Page 287
March 26, 2013
HELD IN GULF COASTAL COUNTIES AS PART OF THE
RESTORE ACT
Item #16F5 — Moved to Item #11D (Per Agenda Change Sheet)
Item #16F6 — Moved to Item #11E (Per Commissioner Nance during
Agenda Changes)
Item #16F7 — Moved to Item #11F (Per Commissioner Nance during
Agenda Changes)
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 28, 2013
THROUGH MARCH 6, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF MARCH 7, 2013
THROUGH MARCH 13, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16K1
CHAIRWOMAN TO EXECUTE A SETTLEMENT AGREEMENT
AND RELEASE PRIOR TO TRIAL IN THE LAWSUIT
ENTITLED JOHN W. STALEY AND ELIZABETH E. STALEY V.
BOARD OF COUNTY COMMISSIONERS, FILED IN THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA (CASE NO. 11-2962-CA) FOR THE SUM
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March 26, 2013
OF $20,000 — DUE TO VEHICLE ACCIDENT THAT OCCURRED
ON NOVEMBER 15, 2008
Item #16K2
A MEDIATED SETTLEMENT AGREEMENT IN THE SUM OF
$70,000 AND DIRECT THE COUNTY ATTORNEY TO FILE ALL
DOCUMENTS NECESSARY TO END WITH PREJUDICE THE
LAWSUIT STYLED NYANKADAU KORTI V. COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO.
11-3710-CA, PENDING IN COLLIER COUNTY CIRCUIT
COURT (FISCAL IMPACT: $70,000) — BECAME A FORMER
EMPLOYEE FROM THE COUNTY-WIDE REDUCTION IN
WORK FORCE
**** Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Consent Agenda be approved ****
Item #17A
RESOLUTION 2013-74: PETITION AVESMT-PL20120002638,
TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN A PORTION OF THE 30-FOOT
EASEMENTS FOR PUBLIC ROAD RIGHT-OF-WAY AS
RECORDED IN OFFICIAL RECORD BOOK 3537, PAGE 1017,
OFFICIAL RECORD BOOK 764, PAGE 1667 AND OFFICIAL
RECORD BOOK 166, PAGE 752, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION
34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN
IN EXHIBIT A
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March 26, 2013
Item #17B
RESOLUTION 2013-75: PETITION VAC-PL20120002668, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF A 15-FOOT WIDE
DRAINAGE EASEMENT, BEING A PART OF LOTS 77 AND 78,
QUAIL WEST PHASE III, UNIT 7, PLAT BOOK 46, PAGES 89
THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING A PART OF SECTION 8,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A AND
TO ACCEPT THE GRANT OF DRAINAGE EASEMENT TO
REPLACE THE VACATED DRAINAGE EASEMENT
Item #17C
THIS ITEM CONTINUED FROM THE MARCH 12, 2013 BCC
MEETING THEN FURTHER CONTINUED TO THE APRIL 9,
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
Page 290
March 26, 2013
Item #17D
RESOLUTION 2013-76: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2012-13 ADOPTED BUDGET
Item #17E — Moved to Item #9B (Per Agenda Change Sheet)
*****
Page 291
March 26, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 7:21 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
O1-F1CIO GOVE ING BOARD(S) OF
SPE fISTRJCTS UNDER ITS CONTROL
jij
GEO IA A. HILLER, ESQ., CHAIRWOMAN
ATTEST '-^'- La,:
�a
D I T E OCK, CLERK
F ' ,PA
.st as to ChairmaP' "
signature only.
These minutes approved by the Board on 4 ,
as presented k/ • or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
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