BCC Minutes 04/23/2013 RBCC
REGULAR
MEETING
MINUTES
APRIL 23, 2013
April 23, 2013
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 23, 2013
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, 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
Fred Coyle
Tim Nance
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Mike Sheffield, Business Operations — CMO
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 23, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice - Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Vice - Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004 -05 AND 2007 -249 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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April 23, 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 regular agenda as amended.
B. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
C. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
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April 23, 2013
D. March 26, 2013 BCC/Regular Meeting.
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 Year Attendees
a) Pedro Montero, Pelican Bay Services
4. PROCLAMATIONS
A. Proclamation designating May, 2013 as Lupus Awareness Month in Collier
County. To be accepted by Jill Giles, Christina Kuseck and Jessica
Kirschenbaum, Lupus Foundation of America, Florida Chapter. Sponsored
by Commissioner Hiller.
B. Proclamation designating May, 2013 as Trauma Awareness Month in Collier
County. To be accepted by Kathy Wecher, Trauma Outreach Coordinator,
Lee Memorial Trauma Center. Sponsored by the Board of County
Commissioners.
C. Proclamation designating the week of April 22, 2013 as the 33rd
Anniversary of Know Your County Government Week in Collier County.
To be accepted by Autumn Armego- Finger, Naples High School; Janna
Donofrio, Barron Collier High School; Astria Mendieta, Corkscrew Baptist;
and Jose Rocha, Golden Gate High School. Sponsored by Commissioner
Nance.
D. Proclamation recognizing the 90th Anniversary of the creation of Collier
County on May 8, 1923. To be accepted by Ron Jamro, Museum Director,
Collier County; and Marilyn Mathes, Library Director, Collier County.
Sponsored by the Board of County Commissioners.
E. Proclamation designating May 4 -12, 2013 as Tourism Week in Collier
County. To be accepted by Jack Wert, Director, Collier County Tourism
Department. Sponsored by Commissioner Henning.
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April 23, 2013
F. Proclamation recognizing April 27, 2013 as Dottie Weiner Day. To be
accepted by Dottie Weiner; Cindy Love, CEO, Marco YMCA; Tiffany
Homuth, YMCA Board President; Steve Reynolds, Marketing Director,
Marco YMCA; and Leslie Drake, Community Development Coordinator,
Marco YMCA. Sponsored by Commissioner Fiala.
G. Proclamation designating April 23, 2013 as Lazaro Arbos Day in Collier
County. To be accepted by Lazaro Arbos. Sponsored by the Board of
County Commissioners.
5. PRESENTATIONS
A. Recommendation to recognize Brenda Reaves, Contracts Technician,
Purchasing Department, as Employee of the Month for March, 2013.
B. Presentation to acknowledge Collier County's #I ranking in the State of
Florida for job growth. On April 3, 2013, Florida Governor Rick Scott
recognized Collier County for having the fastest annual job growth rate in
Florida for 2012.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
A. This item 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 consider Fred and Marci
Wahl's appeal to the Board of Zoning Appeals of a decision of the Collier
County Planning Commission in denying Petition BDE- PL20120001428
that requested a 21.5 -foot boat dock extension over the maximum 20 -foot
protrusion limit as provided in Section 5.03.06 of the Land Development
Code to allow a total protrusion of 41.5 feet for a boat lift on the east side of
a boat dock facility in an RSF -4 zone on property described as Lot 11, Isles
of Capri Number 1 Subdivision, in Section 5, Township 52 South, Range 26
East, in Collier County, Florida. [Petition ADA- PL20130000004]
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April 23, 2013
Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
A. This item continued from the March 12, 2013 BCC Meetinz then further
continued from the April 9, 2013 BCCMeetine. 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 County and 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 approve
the Grant of Easement to replace the vacated U.R.O.S. easement.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of a member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
B. Reappointment of members to the Conservation Collier Land Acquisition
Advisory Committee.
C. Reappointment of a member to the Immokalee Enterprise Zone
Development Agency.
D. Recommendation to direct staff to bring back proposed locations within
Collier County to develop a facility to be used for radio - controlled airplanes,
boats and cars. (Commissioner Fiala)
E. Discussion of the Clerk of Court's audit of the Blocker's legal fees in
reference to the settlement agreement. (Commissioner Coyle)
F. Recommendation that the Board of County Commissioners execute a fixed
term lease with Fletcher Flying Service Inc. ( "Fletcher ") at the Immokalee
Airport for his currently occupied bulk hanger, storage unit and staging area;
that the lease be the Board adopted standard lease contract, to further include
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April 23, 2013
the following provisions: (a) the term shall be for 10 years; (b) the current
rate be subject to annual adjustments indexed to the CPI; (c) that in the event
the spaces leased by Fletcher are needed for airport development, that
Fletcher will be provided with equivalent facilities /land at the Immokalee
Airport under the same terms and conditions of this lease; (d) that Fletcher
will be responsible for routine repairs and maintenance of the leased
premises, and, that the county will remain responsible for any repair or
improvement that extends the life of the leased premises (capital
improvements); (e) that Fletcher's invitees are granted airport access on
the same terms and conditions as all other invitees to the airport; (f) that
Fletcher's airport activities are videotaped to the same degree as all other
tenants and invitees are videotaped, and not more; (g) that Fletcher be
allowed to hot fuel his planes as would be allowed at similarly situated rural
airports, on reasonable terms, requiring Fletcher to comply with all
applicable hot fuel security standards; (h) that Fletcher be allowed to land on
designated grassed areas of the airport as approved by the Board of
Commissioners, as was permitted until most recently and as is typical for
similarly situated rural airports; (i) that any complaint intended to be filed
with outside agencies by airport management against Fletcher must first be
approved by majority vote of the Board of Commissioners. That the
proposed lease be drafted by the County Attorney to include provisions, as
listed and executed by the County by April 26, 2013. (Commissioner Hiller)
G. Recommendation that the Board of County Commissioners request that staff
prepare and release an RFP for professional real estate services so the county
shall have standing contracts with both commercial and residential
brokerage and property management firms, to assist the county with the
purchase, sale, lease and management of the county's significant real estate
holdings. The contracts shall be for a two year term. It is recommended 2
commercial and 2 residential brokerage /property management firms shall be
selected by the Board from among applicants. The list of all applicants, to
include staff's recommendation of the top ten firms, shall be presented to the
Board for final selection and approval at the second public Board meeting in
June, 2013. Establishing such contracts for the county's benefit is in line
with the county's existing practice of standing contracts with professionals
such as engineers and appraisers, providing assistance and supplementing
staff initiatives without the need to hire additional full time personnel.
Nothing shall preclude the county from contracting with other real estate
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April 23, 2013
brokerage /management firms should the need arise, i.e., need for specialized
knowledge as to a specific project. (Commissioner Hiller)
H. Recommendation that the Board of County Commissioners develop a
protocol for the presentation of the Clerk's audits to the board, which is both
acceptable to the Clerk of Courts and the County Manager. To date, the
Clerk has presented his audits to the Board of Commissioners without the
Board having the ability to review the audit findings or staff responses ahead
of the Clerk's public presentation. The Board is left unable to be responsive
during these presentations. Further, staff is not being invited to present their
responses concurrently, leaving the Board unable to determine if concerns
raised have been resolved. To avoid the above, it is essential that a protocol
be established. Such a protocol will benefit the Board, the Clerk and staff
while ensuring the public is fully informed as to both audit findings and the
implemented solutions. That the Board directs the Chair to work with the
Clerk and County Manager to develop such a protocol and bring the protocol
back to the Board for final approval. (Commissioner Hiller)
11. COUNTY MANAGER'S REPORT
A. Recommendation to authorize the advertisement of an ordinance for future
consideration which would amend Ordinance No. 76 -48, as amended, to
permit dogs on leashes within designated county parks. (Barry Williams,
Parks and Recreation Director)
B. Recommendation to authorize the advertisement of an ordinance for future
consideration which would repeal and replace Ordinance No. 93 -72, as
amended, in order to establish a new "Collier County Administrator's
Ordinance." (Leo Ochs, County Manager)
12. COUNTY ATTORNEY'S REPORT
A. Request for authorization to advertise an ordinance for future consideration
which would amend Ordinance No. 2003 -53, as amended, the "Collier
County Ethics Ordinance."
13. OTHER CONSTITUTIONAL OFFICERS
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A. This item to be heard at 11:00 a.m. Presentation by the Clerk of the Circuit
Court's Office regarding Audit Report 2011 -3 Freedom Memorial.
B. This item to be heard immediately following Item 13A. Presentation by the
Clerk of the Circuit Court of audit report 2012 -6 Housing, Human, and
Veteran Services -- Disaster Recovery Initiative Grant.
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the sewer utility
facility for Lowes of South Naples, PL- 20100001862 and to authorize
the County Manager, or his designee, to release the Utilities
Performance Security Bond (UPS) in the amount of $11,221 to the
Project Engineer or the Developer's designated agent.
2) Recommendation to approve final acceptance of the water utility
facilities for Lowes of South Naples, Phase 1 PL- 20100000653,
Phase 2 PL- 20100001826, Phase 3 PL- 201000001843 and to release
the Utilities Performance Security Bond (UPS) in the total amount of
$23,243.68 and Final Obligation Bond of $4,000 to the Project
Engineer or the Developers Designated Agent.
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April 23, 2013
3) Recommendation to approve the use of State of Florida contracts ITB -
DOT- 09/10 -9027 and 10 /11- 9024 -LG and waive formal competition
for standardized traffic operations equipment replacement, repairs and
service for multiple vendors.
4) 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 Parcel 'A' at Gateway Shoppes,
Application Number FP- PL20130000159.
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve an extension for completion of subdivision improvements
associated with the Reflection Lakes at Naples Phase 3G subdivision
(AR -7776) pursuant to Section 10. 02.05 B.I I of the Collier County
Land Development Code.
6) Recommendation to authorize the use of State of Florida Contract
#490 - 000 -12 -ACS, Fisher Scientific, for the continued purchase of
laboratory supplies to continue to provide analytical services for the
Natural Resource Pollution Control Laboratory.
7) Recommendation to reject all bids for Invitation to Bid (ITB) #12-
5886 for Right -of Way and Median Mowing; and authorize staff to
issue a modified ITB.
8) Recommendation to approve a Wall Construction Agreement between
the Eagle Creek of Naples Condominium Association, Inc., and
Collier County as an integral part of the US -41 /Collier Boulevard
Intersection Improvement Project #60116. (Fiscal Impact: $211,620)
9) 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 Bent Creek Preserve,
(PL201200001267) approval of the standard form Construction and
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April 23, 2013
Maintenance Agreement and approval of the amount of the
performance security.
10) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Cabreo at Mediterra (AR-
8780) with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
11) Recommendation to accept the specific past staff clarifications of the
Land Development Code (LDC) attached to this Executive Summary.
12) Recommendation to approve and authorize the Chairwoman to sign
a Joint Participation Agreement with Florida Department of
Transportation (FDOT) to receive reimbursement for construction to
install landscape development improvements of unpaved areas within
the right -of -way of I -75 at the Immokalee Interchange; to execute a
Resolution memorializing Board action; and, authorize the necessary
budget amendment. (F.M. No. 433809- 1- 58 -01, Project #33257)
13) Recommendation to approve and authorize the Chairwoman to sign
a Joint Participation Agreement with Florida Department of
Transportation (FDOT) to receive reimbursement in the amount of
$12,051,849 for construction services on the FDOT resurfacing
project on SR951 from Fiddler's Creek Parkway to South of SR90
(US41), along with the County's US -41 and SR/CR -951 intersection
project; to execute a Resolution memorializing the Board action and
authorize all necessary budget amendments.
14) Recommendation to increase the awarded amount for Bid #11 -5760,
Traffic Signs and Related Material, awarded to multiple vendors, from
an estimated $75,000 in FYI 1/12 to $150,000 for FY12 /13 and
subsequent years remaining on the contract.
15) Recommendation to approve the release of lien in the amount of
$79,581.15 for payment of $531.15, in Code Enforcement Action
entitled Board of County Commissioners vs. Steven T. Hovland &
Melanie Ann Hovland, Code Enforcement Case Number
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April 23, 2013
CESD20100019758, relating to property located at 7850 Friendship
Lane, Collier County, Florida.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation the Community Redevelopment Agency (CRA)
amend an existing Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant by clarifying
the completion date of construction of commercial building
improvements to be October 25, 2012. (4097 Bayshore Drive, fiscal
impact: $0).
2) Recommendation the Board of County Commissioners (BCC) acting
in its capacity as the Collier County Community Redevelopment
Agency (CRA) ratify the former Executive Director of the Immokalee
CRA's unauthorized termination of an agreement with Collier County
granting $140,000 of Community Development Block Grant (CDBG)
funds to the CRA for the project known as Immokalee Crosswalk
Improvements, Project #CDl 1 -05.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award Bid #12-5956, "Electrical Component
Testing," to Industrial Electric Testing, Inc., and Electric Power
Systems, Inc., as primary and secondary vendors, respectively.
2) Recommendation to award a contract to AECOM USA, Inc., in the
not -to- exceed amount of $649,960 under Request for Proposal #13-
6010, "Public Utilities Master Plan," Project Number 70031, and
authorize the necessary budget amendments.
3) Recommendation to approve two work orders with Kyle Construction,
Inc., in the combined amount of $381,582.22 under Project #70019,
"Cross Connection Control Program."
4) Recommendation to approve a work order with Haskins, Inc., and a
work order with Quality Enterprises USA, Inc. for a combined amount
of $139,449.60 under Project #70023, Fire Hydrant Replacement.
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April 23, 2013
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a Resolution rescinding and replacing
Resolution 2013 -31, adopting the Disadvantaged Business Enterprise
(DBE) Program and goal setting process to ensure that DBE's have an
equal opportunity to receive and participate in Federal Transit
Administration assisted contracts by ensuring nondiscrimination in
their award and administration.
2) Recommendation to approve an amendment to the FY 2008 Federal
Transit Administration (FTA) Section 5309 Grant award.
3) Recommendation to approve modification #7 to Disaster Recovery
Initiative Grant Agreement # I ODB-D4-09-2 1 -0 1 -K09, between the
Florida Department of Economic Opportunity (DEO) and Collier
County to facilitate reprogramming of unexpended funds, extend the
grant, approve new associated subrecipient agreements and four
subrecipient agreement amendments.
4) Recommendation to authorize execution of the Congestion
Management System /Intelligent Transportation Stakeholders
(CMS /ITS) grant award in the amount of $336,872 for the
construction of additional bus shelters.
5) Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal
Years 2013/2014, 2014/2015 and 2015/2016, sign associated
documents, and authorize submission to Florida Housing Finance
Corporation and approve the associated interlocal agreement with the
City of Naples.
6) Recommendation to authorize payment of a $1,753.71 Invoice for the
public's use of Sovereignty Submerged Lands at Caxambas Boat Park
and approve submittal of the 2012/2013 Florida Annual Gross Income
Reporting Form to Florida Department of Environmental Protection.
7) Recommendation to authorize improvements sought by Naples Zoo to
refurbish the Coyote Cage and for the addition of the South African
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April 23, 2013
Lion Addition in accordance with the current lease agreement
between the Board of County Commissioners and the Zoo.
8) Recommendation to approve two (2) standard Collier County Parks
and Recreation facility rental agreements to be used as form
agreements and authorize the County Manager or his designee to enter
into these agreements.
9) Recommendation to grant a Deed of Conservation Easement to South
Florida Water Management District for the Gordon River Greenway
Park, Project #80065.1.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve the establishment of a budget for the
Public Safety Authority (PSA) in the amount of $14,000.
2) Recommendation to approve electronic submission of a grant
application on behalf of the Emergency Medical Services' Search and
Rescue Team to the Wal -Mart Community Grants Program for a
maximum of $2,000 for the Hug -A -Tree Program (no match required)
3) Recommendation to recognize and appropriate revenues for Special
Services to the Facilities Management Department and approve the
necessary Fiscal Year 2012 -2013 Budget Amendment.
4) Recommendation to reject responses received for Invitation to Bid
(ITB) #13 -6070, Purchase and Delivery of Turf.
5) Recommendation to approve and ratify the additions, deletions, and
reclassifications to the 2013 Fiscal Year Pay and Classification Plan
made from January 1, 2013 through March 31, 2013.
6) Recommendation to accept the report concerning the sale, donation of
items, and disbursement of funds associated with the County surplus
auction held March 23, 2013, and approve a resolution authorizing the
County Manager, or his designee, to perform the ministerial function
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April 23, 2013
of executing certificates of title for County -Owned vehicles sold or set
for sale at future auctions.
7) Recommendation to approve assumption of Contract #08 -5009, from
SIRE Technologies, Inc., a division of A1phaCorp ( "AlphaCorp ") to
Hyland Software, Inc. ( "Hyland ") for Enterprise Content Management
Software Solution.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a budget amendment transferring
$100,000 from the Pelican Bay MSTBU Fund 109, Reserve for
Contingencies to Clam Bay Fund 320, Ecosystem Enhancements.
2) Recommendation to award Bid #13 -6061 for Horticulture Debris
Hauling and Disposal to Greenco Vegetation Recycling, LLC.
3) Recommendation to approve Change Order #4 to Contract #10 -5541
with Paradise Advertising and Marketing, Inc. in the amount of
$100,000 in additional media and production billing at gross in
accordance with their agreement with Collier County and authorize
the Chairwoman to execute the Change Order.
4) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $25,000 and
budget amendment moving funds.
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012 -13 Adopted Budget.
6) Recommendation to accept Florida Association of Counties April 4,
2013 Legislative Day Summary Report.
G. AIRPORT AUTHORITY
1) Recommendation to approve a travel request in the amount of $42 for
the Airport Authority Executive to meet with Federal Aviation
Administration and Florida Department of Transportation in Orlando.
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April 23, 2013
2) Recommendation to approve a Concessionaire Agreement between
Collier County Airport Authority and Robert Gretzke, DB /A Wings
for Specialized Aviation Service Operations at Everglades Airpark.
3) Recommendation the Board of County Commissioners, acting as the
Airport Authority, approve and authorize the Authority's Executive
Director to execute a standard Catering License Agreement for the
Marco Island Executive Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioners request for Board approval to attend the Florida
Association of Counties (FAC) annual conference and educational
exhibition June 25 -28, 2013.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
To attend the ArtsNaples World Festival — Una Sera Latina event on
May 10, 2013. The sum of $100 to be paid from Commissioner Fiala's
travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
To attend the 11th Annual Tourism Star Awards Luncheon on May 8,
2013. The sum of $30 to be paid from Commissioner Fiala's travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period March 28,
2013 through April 3, 2013 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of April 4,
2013 through April 10, 2013 and for submission into the official
records of the Board.
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April 23, 2013
3) Recommendation to approve a budget amendment recognizing
interest earned in Supervisor of Elections' 2012/2013 Federal Election
Activities Grant.
K. COUNTY ATTORNEY
1) Recommendation to approve an Assumption Agreement substituting
the law firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A. for the
law firm of Bricklemyer Smolker & Bolves, P.A., in the Retention
Agreement dated April 24, 2007 which was amended twice.
2) Recommendation to approve and authorize the Chairwoman to
execute a mediated Settlement Agreement and Mutual Release prior
to trial in the lawsuit entitled White General Constructors, Inc., V.
Collier County, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida (Case No. 12- 2692 -CA) for a sum of $40,000.
3) Request for authorization to advertise for future consideration an
ordinance to be known as the "Collier County Attorney's Ordinance."
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. Recommendation to approve and adopt 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
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April 23, 2013
Management Agency (FEMA) and establish revisions to the effective Digital
Flood Insurance Rate Map (DFIRM).
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 consider an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 06 -42, the Brooks Village Commercial Planned Unit
Development (CPUD), by adding a right -in only access point on Pine Ridge
Road; by changing the hours of operation of the outparcels fronting on Pine
Ridge Road to 24 hours; by changing the access on 1 lth Avenue SW from
ingress only to ingress and egress; by amending the Master Plan; and by
revising and deleting developer commitments. The property is located on the
southwest quadrant of the intersection of Collier Boulevard (CR951) and
Pine Ridge Road (CR896), in Section 15, Township 49 South, Range 26
East, Collier County, Florida, consisting of 22.7 acres; and by providing an
effective date. [PUDA- PL20120002136]
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012 -13 Adopted Budget.
D. Recommendation to approve and adopt proposed amendments to the Tourist
Development Tax (TDT) Ordinance to increase destination marketing efforts
and the annual accumulation of reserves for beach renourishment; authorize
the Chairwoman to execute the Ordinance amendments; and approve all
necessary budget amendments. Approval of this Amendment requires a
super- majority vote.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
Page 17
April 23, 2013
April 23, 2013
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you. Good morning. Let's
rise for the invocation and the pledge of allegiance. The invocation
will be led by Pastor Bob Scudieri from Faith Lutheran Church.
And then, County Manager, would you lead us in the invocation.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: I mean, I'm sorry. In the pledge.
We can do both.
Item #I
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR SCUDIERI: Let us pray. Lord God, we thank you for
your protection and your renewal of strength, even in the midst of evil.
We pray for the people and leaders of Boston, that they will know
your comfort during this trying time.
We pray for our county and county governments everyone; spare
us from tragedy and hold in your hand those who put their lives on the
line to protect us.
Be present at this meeting, especially as we celebrate the
accomplishment of Lazaro; that others may also have his model and
also be recognized for their great talents; that the quality of life of our
citizens may be enhanced. May this be our goal in all that we do.
In your name we pray.
(The Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: County Manager?
MR. OCHS: Good morning, Madam Chair, members of the
board. These are your proposed agenda changes for the Board of
County Commissioners' meeting of April 23, 2013.
The first proposed change is to withdraw Item 13A. This is a
request by the Clerk of the Circuit Court to withdraw the presentation
Page 2
April 23, 2013
of an internal audit on the Freedom Memorial.
The next proposed change is to withdraw Item 13B. That request
also is from the Clerk of the Circuit Court to withdraw the
presentation today of the internal audit report regarding housing,
human, and veterans services Disaster Recovery Initiative Grant.
The next proposed change is to move Item 16K3 from your
consent agenda to become Item 12B under the county attorney's
regular agenda having to do with the Collier County attorney's
ordinance, and this was moved at the request of both Commissioner
Fiala and Commissioner Coyle separately.
We have a few agenda notes this morning, Commissioners. The
first is on Item 16A8. That has to do with the construction of a sound
wall over in front of the Eagle Creek neighborhood. The staff is
recommending adding one sentence to the fiscal impact for
clarification that would say, "Construction of the north wall will be
funded solely by gas taxes." That's a staff request.
The next agenda note has to do with Agenda Item 16D8. That
has to do with the Parks and Recreation standard rental agreements,
and the staff would recommend that we add the following sentence to
the actual rental contract forms, and it would have a phrase that says,
"The fees are governed by the board - approved fee policy in
Resolution No. 2013 -29, as amended.
The next agenda note has to do with your Summary Item 17D,
which is the ordinance amending your tourist development tax.
There's a change recommended, a minor change in the allocation of
indirect costs, and we would recommend that you strike the sentence
that reads, "These charges are to be split 75 percent to Fund 195
(Beaches) and 25 percent to Fund 183 (Beach Park Facilities)." The
next sentence in that section basically negates the need for that, as
we'll adjust those percentages as part of your budget review each year
with those costs never to exceed 15 percent, as outlined in your
ordinance. That change is at staff s request and also at the request of
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April 23, 2013
Commissioner Nance.
Then you have three time - certain items scheduled this morning.
Item IOE will be heard at 10:30 a.m. That will be followed
immediately by Item l OH. And, finally, Item IOF will be heard at 2
p.m. Again, I OE, that is Commissioner Coyle's item on the Blocker
case at 10:30; 1 O is Commissioner Hiller's item regarding protocols
for internal audits immediately following IOE; and then, finally, IOF
at 2 p.m., and that is Commissioner Hiller's item reference the Fletcher
lease at the Immokalee airport.
Then the final reminder, we will be joining these outstanding
young men and women at noon as part of the Know Your County
Government Teen Citizenship Program across the parking lot at the
East Naples United Methodist Church from 12 to 1 p.m.
Those are all the changes I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you. Could we begin with
agenda Item 2A?
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: Yes, ma'am. 2A is approval of today's consent
agenda as amended. Ex parte disclosure to be provided by
commission members.
CHAIRWOMAN HILLER: If we could begin with ex parte
disclosure.
Commissioner Coyle?
COMMISSIONER COYLE: I have no ex parte disclosure.
CHAIRWOMAN HILLER: Commissioner Fiala?
Page 4
April 23, 2013
COMMISSIONER FIALA: Yes. On the consent agenda, I have
no disclosures.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. On the consent agenda I've
had emails and meetings regarding the Wahl boat -dock extension
issue, and no other items on the consent agenda.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Good morning, Madam Chair.
I've had communications on Item 8A and emails and meetings on
9B. On 17B, I received staff s report from February 21 st. That's it.
CHAIRWOMAN HILLER: Thank you. I have no disclosure for
ex parte.
Is there any discussion with respect to the consent agenda?
Would any commissioner like to pull anything further from consent
and place it on the general?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, may I
have a motion to approve?
COMMISSIONER NANCE: Motion to approve.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
Page 5
April 23, 2013
MEMBERS FOR SUMMARY AGENDA) — ADOPTED
MR. OCHS: Item 2B is approval of today's summary agenda as
amended. Ex parte disclosure provided by commission members.
CHAIRWOMAN HILLER: Commissioner Coyle, ex parte
disclosure?
COMMISSIONER COYLE: I have read the staff report, and
that's the extent of my ex parte disclosure for Item No. 17B.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. On 17B, I have read the staff
report. Also, on 17D, I have a concern, and I was going to ask the
commissioners if we could just leave it there, but one of the things my
concern involves is the suggestion that admission fees could be paid at
the museums to cover some of the expenses, and I just disagree with
that wholeheartedly.
I feel that that's something our taxpayers look forward to as one
of the benefits of living in Collier County as well as the visitors who
come to town and use the -- which is about 75 percent of the people
coming to the museums and use the museums, and I would like to
have that part stricken if it would meet everyone's approval.
If not, I can't vote for that.
CHAIRWOMAN HILLER: Any further discussion on
Commissioner Fiala's comments?
(No response.)
CHAIRWOMAN HILLER: Then let's continue.
Commissioner Nance, your disclosures.
COMMISSIONER NANCE: Yes, ma'am. On the summary
agenda, I have a disclosure only on 17B, which is the staff report,
which I have reviewed.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: As stated previously.
CHAIRWOMAN HILLER: Thank you.
Page 6
April 23, 2013
Is there any further discussion on the summary agenda?
COMMISSIONER HENNING: Move to approve the summary
agenda.
CHAIRWOMAN HILLER: And I just want to state, if I may,
that I have no disclosures others than the staff report for 17B.
May I have a second?
COMMISSIONER NANCE:
COMMISSIONER COYLE:
Second.
I'm sorry. I have a question
concerning Commissioner Fiala's concern.
What item that was?
COMMISSIONER FIALA: That was 17D, and it was the TDC
dollars. And I totally agree with the TDC dollars except that one
clause where, to make up funding that was heretofore dedicated to the
museums as well, now they say they're going to have to do their own
fundraisers and possibly charge admission. I can understand
fundraisers. I can understand grants. I can understand everything
except admission fees.
Our young people go to these museums, and I just don't want to
see that happen. So I feel that that's not something I could ever vote
for.
COMMISSIONER COYLE: Madam Chair, could we separate
that item from the rest of the summary agenda?
CHAIRWOMAN HILLER: Yes. That's what I was proposing to
do.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: My understanding is that the
residents of Collier County would never pay admissions fees. This
would strictly be for tourists. So your concern about the students
would be, basically, unwarranted in that they would not be charged.
Is there any further --
COMMISSIONER FIALA: Excuse me. But as long as that's the
case and the tourists are already paying for the TDC dollar fee, why
Page 7
April 23, 2013
should, then, they be charged to also go into the museums? I just don't
agree with that.
CHAIRWOMAN HILLER: That's fine. So we're going to take
two separate votes. One is on Item 17D of the summary agenda, and
then we'll separately vote on the balance of the summary agenda.
MR. OCHS: Madam Chair, I'm sorry to interrupt, but on that
item, I'd remind the board that it requires a supermajority vote of the
board to adopt that ordinance.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: May I pull that item to the
regular agenda?
CHAIRWOMAN HILLER: The 171)?
COMMISSIONER HENNING: Yeah. I think it's worthy of staff
input and the public's input if we're -- if there's something
controversial.
CHAIRWOMAN HILLER: That's fine. I think that's a good
decision.
COMMISSIONER HENNING: Would that be okay,
Commissioner Fiala?
COMMISSIONER FIALA: Sure would.
CHAIRWOMAN HILLER: I think that's great. So basically,
then, what we'll do is we'll amend the summary agenda to move 17D
to the general agenda.
MR. OCHS: Yes, ma'am. Madam Chair, that would be Item 9B.
CHAIRWOMAN HILLER: Okay. So can I have a motion to
approve the summary agenda as amended?
COMMISSIONER FIALA: Motion to approve the summary as
amended.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
April 23, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
— APPROVED AND /OR ADOPTED W /CHANGES
MR. OCHS: Item 2C is approval of today's regular agenda as
amended.
COMMISSIONER FIALA: So moved.
MR. MILLER: Madam Chair, you do have a public speaker for
this item.
CHAIRWOMAN HILLER: Thank you. Do I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We'll call the speaker.
MR. MILLER: Your speaker is Robert Murrell.
MR. MURRELL: Madam Chair, Robert Murrell. I'm
representing Glen Eagle, my only question and concern was that we
had been informed that there was a continuation of 9A that had been
requested. That didn't come out today, so I don't have anything to add
unless that's going to be part of the discussion.
CHAIRWOMAN HILLER: Was there any desire on the part of
staff or any member of the board to continue that item?
MR. OCHS: Not to my knowledge, ma'am.
MR. MURRELL: Thank you.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER COYLE: And, Madam Chair?
Page 9
April 23, 2013
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: I would like to declare some ex
parte for Item 8A on the regular agenda. I have received emails
concerning that appeal on a decision relating to a boat -dock extension
on Isles of Capri.
COMMISSIONER FIALA: Wouldn't we declare that when
we're discussing the subject?
MR. OCHS: Yes, ma'am.
COMMISSIONER COYLE: Okay. I just wanted to make sure.
COMMISSIONER FIALA: Because I have plenty of
declarations to make on that one.
MR. OCHS: When we hear the item, we'll have separate ex parte
disclosure.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I withdraw my statement. I was
going to make a statement on 17D, but I agree with pulling it and
placing it on the regular agenda.
CHAIRWOMAN HILLER: So we have a motion and a second
for approval of the regular agenda as amended. 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.
ZM
Proposed Agenda Changes
Board of County Commissioners Meeting
April 23, 2013
Withdraw Item 13A: This item to be heard at 11:00 a.m. Presentation by the Clerk of the Circuit
Court's Office regarding Audit Report 2011 -3 Freedom Memorial. (Clerk of Circuit Court request)
Withdraw Item 13B: This item to be heard immediately following Item 13A. Presentation by the
Clerk of the Circuit Court of audit report 2012 -6 Housing, Human, and Veteran Services -- Disaster
Recovery Initiative Grant. (Clerk of Circuit Court request)
Move Item 161(3 to Item 126: Request for authorization to advertise for future consideration an
ordinance to be known as the "Collier County Attorney's Ordinance." (Commissioner Fiala and
Commissioner Coyle's separate requests)
Note:
Item 16A8: Add the following sentence to the Executive Summary Fiscal Impact: Construction of
the North wall will be funded solely by gas taxes.
Item 16D8: Add the following sentence to the rental contracts: Fees are governed by the Board
approved Fee Policy in Resolution Number 2013 -29, as amended.
Item 17D: Revise Section 3 (a) (5) b Administrative Cost as follows: (Packet Page 1959)
b. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of
Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of Category "A"
revenues. These Gharges to he split 75% +e Lind 195 (Beaches) -and 7G0 /_ to r, 193 (Beach Park
`". t:es) . This amount may be amended upwardly or downwardly each budget year provided that
the amount of the budget does not exceed 15% of Category "A "revenues.
Time Certain Items:
Item 10E to be heard at 10:30 a.m., immediately followed by Item 10H
Item 10F to be heard at 2:00 p.m.
Commissioners will be attending lunch with the Know Your County Government Teen Citizenship
Program at the East Naples United Methodist Church from 12:00 to 1:00 p.m.
4/23/2013 8:32 AM
April 23, 2013
Item #2D
MINUTES OF THE MARCH 26, 2013 - BCC/REGULAR
MEETING - APPROVED AS PRESENTED
MR. OCHS: Item 2D is approval of the BCC regular meeting
minutes of March 26, 2013.
COMMISSIONER FIALA: So moved.
CHAIRWOMAN HILLER:
COMMISSIONER NANCE:
CHAIRWOMAN HILLER:
(No response.)
CHAIRWOMAN HILLER:
favor?
May I have a second?
Second.
And discussion?
There being no discussion, all in
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #3A
EMPLOYEE SERVICE AWARDS — 20 YEAR ATTENDEE
MR. OCHS: Commissioners, that takes you to Item 3 on your
agenda this morning, service awards. We are recognizing one 20 -year
county employee this morning from your Pelican Bay Services
Division, Pedro Montero.
Pedro, please come forward.
(Applause.)
CHAIRWOMAN HILLER: Pedro, congratulations.
Page 11
April 23, 2013
COMMISSIONER NANCE: Thank you.
COMMISSIONER HENNING: Thank you so much for your
service.
COMMISSIONER NANCE: Thank you so much for your
service.
(Applause.)
Item #4
PROCLAMATIONS — ONE MOTION WAS TAKEN TO ADOPT
THE PROCLAMATIONS — ADOPTED
Item #4A
PROCLAMATION DESIGNATING MAY, 2013 AS LUPUS
AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY
JILL GILES, CHRISTINA KUSECK AND JESSICA
KIRSCHENBAUM, LUPUS FOUNDATION OF AMERICA,
FLORIDA CHAPTER — ADOPTED
MR. OCHS: That moves us to Item 4, proclamations, on your
agenda this morning.
Item 4A is a proclamation designating May 2013 as Lupus
Awareness Month in Collier County. To be accepted by Jill Giles,
Christina Kuseck, and Jessica Kirschenbaum, Lupus Foundation of
America Florida Chapter.
This item is sponsored by Commissioner Hiller.
If you'd please step forward and receive your award.
(Applause.)
CHAIRWOMAN HILLER: Congratulations.
MS. KIRSCHENBAUM: Thank you so much.
CHAIRWOMAN HILLER: Would you like to say a few words
Page 12
April 23, 2013
about Lupus and what you do?
Go ahead and step up to the podium to say a few words.
MS. KUSECK: Hello. My name is Christina Kuseck, and this is
Jessica Kirschenbaum. We are honored to be here today to receive
this proclamation on behalf of the Lupus Foundation of America.
Lupus is a mysterious disease, and events like this give us hope
that we are another step closer to finding the cure.
We will be placing informational packets and Lupus awareness
bracelets on the table in the hall. And anyone attending today can feel
free to take them and help continue the awareness in our community.
Thank you.
CHAIRWOMAN HILLER: Thank you.
MS. KUSECK: Thank you.
CHAIRWOMAN HILLER: Could I ask you to describe what
Lupus is. And maybe you could bring five bracelets up to the board
right now, and we'll all put one on.
MS. KUSECK: Great. Thank you so much.
CHAIRWOMAN HILLER: Actually, bring seven so the county
attorney and the county manager can wear one also. I like to be
all- inclusive.
MS. KUSECK: Lupus is an autoimmune disease, and it is an
inflammatory disease which affects people in many different ways;
that's why it's so mysterious.
Many doctors -- I'm living with Lupus, and I have been living
with Lupus for over 11 years. And it's really a journey for the
individuals that are dealing with -- cope and live with it, because there
is no cure.
So it can affect in many different levels of seriousness. Some it
affects within -- in a very rapid pace. It can affect their kidneys or
brain or heart and lungs. And it also can cause inflammation in the
joints causing people to have a difficult quality of life.
And so raising awareness and having -- spreading the information
Page 13
April 23, 2013
on how people can learn more about Lupus and how they can catch it
early -- because it's very difficult to diagnosis. And doctors and
rheumatologists have many different steps, and sometimes they can
take a long time for people to find that they actually have it.
And it masks other diseases as well -- or it's very similar to other
diseases. So catching it early is a very positive thing for an individual.
So raising the awareness and making sure people know what it is --
because sometimes when you say Lupus, somebody will say that
they've never heard of it before. And now I'm finding that because the
awareness is becoming more widespread, the more I speak out, the
more I meet another person that says that they know someone that has
Lupus or they have a family member that has Lupus.
So this is really wonderful what you're doing for us today, and
we appreciate it.
Thank you so much.
CHAIRWOMAN HILLER: I have two commissioners who
would like to speak, Commissioner Fiala and Commissioner Henning.
COMMISSIONER FIALA: Just a simple question, because I
don't know much about Lupus other than I've heard the name
repeatedly.
Does it happen to have anything to do with lesions on the brain?
My friend is in the hospital now with lesions on the brain.
MS. KIRSCHENBAUM: I can actually speak to that.
COMMISSIONER FIALA: Sure.
MS. KIRSCHENBAUM: I was actually misdiagnosed about 10
years ago with MS, and they did find lesions on my brain and my
spinal cord. And so they actually went more toward an MS diagnosis,
which was -- when I found out six years ago that I had Lupus, I called
my parents and said, oh, I've been upgraded.
But they did say that sometimes there are lesions on the brain that
can be consistent with Lupus as well.
COMMISSIONER FIALA: That's what they're diagnosing her
Page 14
April 23, 2013
with is MS, or they're guessing at it. Thank you.
MS. KIRSCHENBAUM: You know what? Eventually it will
pop up in the blood work. Sometimes it lies dormant for many years.
My blood never tested positive until six years and yet I've been sick
since 1997 and got increasingly worse as the years went on.
COMMISSIONER FIALA: Did you say brochures are outside?
MS. KIRSCHENBAUM: We do have brochures, yes.
CHAIRWOMAN HILLER: Commissioner Henning.
COMMISSIONER HENNING: Yeah, thank you for the
education on this horrible disease.
You use this as a fundraiser for awareness. And the suggested
donation for these bands?
MS. KIRSCHENBAUM: Honestly, anything that you can give
helps a very worthy cause.
COMMISSIONER HENNING: Well, I wouldn't want the
editorial board to criticize me for accepting something. So may I?
MS. KIRSCHENBAUM: Absolutely. Thank you so much for
your donation.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: That's great. And this is a disease
that predominantly affects women?
MS. KIRSCHENBAUM: Yes, but it also affects men.
CHAIRWOMAN HILLER: Yes, it does.
MS. KIRSCHENBAUM: Yes, it does. And it usually strikes
early 20s, but men have come out with it in their 40s. So it can hit
anybody at any time.
CHAIRWOMAN HILLER: Absolutely. Thank you very much.
MS. KIRSCHENBAUM: Thank you very much.
MS. KUSECK: Thank you.
(Applause.)
Item #4B
Page 15
April 23, 2013
PROCLAMATION DESIGNATING MAY, 2013 AS TRAUMA
AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY
KATHY WECHER, TRAUMA OUTREACH COORDINATOR,
LEE MEMORIAL TRAUMA CENTER — ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 2013 as
Trauma Awareness Month in Collier County. To be accepted by
Nancy Woodbury and Debbie Slusher (phonetic) with Lee Memorial
Trauma Center. And this item is sponsored by the entire Board of
County Commissioners.
(Applause.)
CHAIRWOMAN HILLER: Would you like to say a few words?
UNIDENTIFIED SPEAKER: Sure.
Good morning. Every four seconds in the United States someone
is traumatically injured, and every six minutes someone will die from
a traumatic injury.
UNIDENTIFIED SPEAKER: We stand before you today two
moms whose sons survived because of the Lee Memorial Trauma
Center. Thank you for supporting Lee Memorial Trauma Center.
Without them, our sons wouldn't be here today.
CHAIRWOMAN HILLER: Congratulations.
Item #4C
PROCLAMATION DESIGNATING THE WEEK OF APRIL 22,
2013 THE 33RD ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK IN COLLIER COUNTY. ACCEPTED BY
AUTUMN ARMEGO - FINGER, NAPLES HIGH SCHOOL; JANNA
DONOFRIO, BARRON COLLIER HIGH SCHOOL; ASTRIA
MENDIETA, CORKSCREW BAPTIST AND JOSE ROCHA,
GOLDEN GATE HIGH SCHOOL — ADOPTED
Page 16
April 23, 2013
MR. OCHS: Item 4C is a proclamation designating the week of
April 22, 2013, as the 33rd anniversary of Know Your County
Government Week in Collier County. To be accepted by Autumn
Finger, Naples High School; Janna Donofrio, Barron Collier High
School; Astria Mendieta, Corkscrew Baptist; and Jose Rocha, Golden
Gate High School.
This item is sponsored by Commissioner Nance.
(Applause.)
MR. SHEFFIELD: Can you line up for a picture, please?
MS. FINGER: Good morning. My name's Autumn Finger. I'm
representing Naples High School.
We wish to thank the commission, county manager, all
participating county officials, the constitutional officers, and adults
from 4H, the League of Women Voters, and the Collier County Public
Schools, who have all worked together to make sure that the Know
Your County Government was possible.
MS. MENDIETA: Twenty -eight teens from throughout the
county are participating this year representing Barron Collier High
School, Naples High School, Golden Gate High School, and
Corkscrew Christian Academy.
MR. ROCHA: Hello, and good morning. My name is Jose
Rocha, and I am from Golden Gate High School.
Know Your County Government was an outing that took us all
over the county. We traveled to the top of the landfill and saw how
much trash was being generated in the county. We also saw the
Domestic Animal Services staff that helps the animals in the county
when they don't have a home. We saw that the EOC, 911, facilities
management, and Sheriffs Office are busy places seeking to protect
US.
The fire departments do so much more than put fire out. The
libraries are full of free items for all of the people in the county to do.
Page 17
April 23, 2013
Waste and water plants have processes that are really involved but so
very important. This is just a brief summary of what we got to
experience.
MS. FINGER: What impressed me during the visits throughout
the county was the fact that when you live here for years, you don't
realize that there are so many people working so hard to keep this
county running.
We hear when people make mistakes and we hear how those
mistakes may affect us, but we don't often hear how well these people
do their jobs on a daily basis that help make our lives so wonderful.
We tend to take it for granted that they are making sure that we
live a healthy, safety, clean environment every day.
MS. MENDIETA: We get to experience the commission
meeting with all of you, visit with the Clerk of Courts, Dwight Brock,
and then go to the museum to learn about the history of Collier
County. Lunch will be with commissioners and many of the
wonderful people that educate us about our Collier County
Government.
MS. DONOFRIO: Collier County Government offices do so
much for all the people in Collier County. All of us taking part in this
program would like to say thank you for all that you do.
We would also like to thank you for your support of this program
by giving your time to educate us about what you do.
Thanks again to all of you.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
CHAIRWOMAN HILLER: And I just want to say that we, as a
board, appreciate that you care, that you have an interest in local
government, and we hope that you volunteer. We always can use
volunteers. We hope you consider working in county government
after you've completed your studies, and maybe some of you will even
consider running for a seat up here on the commission one day after
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April 23, 2013
we've all retired, not before.
We look forward to seeing you at lunchtime.
Item #4D
PROCLAMATION RECOGNIZING THE 90TH ANNIVERSARY
OF THE CREATION OF COLLIER COUNTY ON MAY 89 1923.
ACCEPTED BY RON JAMRO, MUSEUM DIRECTOR, COLLIER
COUNTY AND MARILYN MATHES, LIBRARY DIRECTOR,
COLLIER COUNTY — ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 4D. It's a
proclamation recognizing the 90th anniversary of the creation of
Collier County on May 8, 1923. To be accepted by Ron Jamro,
museum director of Collier County, and Marilyn Matthes, our library
director with Collier County.
This item is sponsored by the entire Board of County
Commissioners.
Please step forward.
COMMISSIONER FIALA: Does he always wear those clothes?
COMMISSIONER NANCE: We've got Ponce back in another
reincarnation.
Thank you, sir, for all your volunteerism. It's very nice.
COMMISSIONER COYLE: Do you know you have
mismatched socks on?
(Applause.)
MR. JAMRO: Good morning, Madam Chair, Commissioners.
Ron Jamro, your museum director.
I want to thank you for taking a moment this morning to mark
this historic milestone, 90th anniversary of Collier County, and also
Florida's 500th anniversary.
I feel that maybe you should be accepting this proclamation
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April 23, 2013
instead of us since, as county commissioners, you represent the 90
years of progressive leadership and tradition that has guided Collier
County from a raw frontier of less than 1,300 souls --
CHAIRWOMAN HILLER: We can do it all over again if you'd
like. Go ahead.
MR. JAMRO: -- to the dynamic and prosperous community that
we enjoy today.
I always like to recall that seven days before the county was
created in 1923, famed American inventor and Fort Myers winter
resident Thomas Edison, in one of his less illuminated moments, urged
the state legislature not to create Collier County warning that
Southwest Florida's population growth and development would suffer
as a result. Sometimes, as we have proven, even a great man can
sometimes call it wrong.
I encourage all of our citizens to consider this historic moment in
Collier County history and to share the events that are planned by the
museum, the library, and your parks system for the county's official
birthday on May 8th and also this coming Saturday at Everglades City
to commemorate the 85th anniversary of the completion of the
Tamiami Trail, the highway that helped unlock so much of Collier
County's potential.
Thank you again.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
MS. MATTHES: Thank you, Commissioners. I'm Marilyn
Matthes, library director.
And I would like to invite everybody to the dedication of the
time capsule commemorating the 90th anniversary of Collier County.
And as you can see on the invitation, it's going to be on May 8th
at the Depot Museum, and we're inviting you to an afternoon of art
and history, and then we'll dedicate the time capsule at 4 p.m., May
8th. And we hope you all can join us and everybody watching can
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April 23, 2013
join us, too.
Thank you for the opportunity.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING MAY 4 -125 2013 TOURISM
WEEK IN COLLIER COUNTY. ACCEPTED BY JACK WERT,
DIRECTOR, COLLIER COUNTY TOURISM DEPARTMENT —
ADOPTED
MR. OCHS: Item 4E is a proclamation designating May 4
through the 12th, 2013, as Tourism Week in Collier County. To be
accepted by Jack Wert, director of Collier County Tourism
Department.
This item is sponsored by Commissioner Henning.
Jack?
(Applause.)
COMMISSIONER HENNING: Growing industry.
MR. WERT: Yes, absolutely.
COMMISSIONER FIALA: And successful.
(Applause.)
MR. WERT: Commissioners, just a brief thank you for this
recognition of all the some 33,000 people in our community that do
work in the hospitality and tourism industry.
And just a follow -up to something else to do on May the 8th, we
are having our annual tourism awards luncheon that day at the Hilton
Naples and, certainly, you're all invited to join us for that where we
really do showcase the stars in our industry, the folks that are really
delivering the fabulous tourism product we all have. And I think we'll
all agree that most of us came here as visitors first, so this is certainly
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April 23, 2013
a very important part of our community.
So thank you so much.
CHAIRWOMAN HILLER: Jack, I'd like to add a comment, and
that is later on we're going to have a presentation for having been
ranked first in the state for job creation. And tourism, which is not
only hospitality, but hospitality and retail, was the leader in job
creation in Collier County.
So we really, you know, owe our thanks to all the hotel owners
and all the retailers out there that have hired so many people so
quickly during this very difficult economic time.
MR. WERT: Thank you.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: If I may expand upon that. It's
because of the leadership that the county manager's brought through
Jack Wert and his staff through promotion of Collier County, is -- my
feeling is why we have so much job growth in Collier County.
And the reports that we have received over the past, at least two
years that I can remember, and during the downturn in the economy,
Jack Wert has proven himself to -- when we apply money for
advertising, those monies come back many -fold.
So thank you.
MR. WERT: And you're right, Commissioner. It is the team that
we have --
COMMISSIONER HENNING: Yes, it is, most definitely.
MR. WERT: -- that really, really is special. We have a group of
great professionals that really --
CHAIRWOMAN HILLER: Absolutely. And it's all about
marketing and promotion, bringing those tourists in, bringing outside
capital in, you know, doing everything to get those, you know, hotels
with a really solid bottom line so they can just keep hiring more and
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April 23, 2013
more people.
I guess it's about 10 percent of our population that works in the
hospitality industry.
MR. WERT: True.
CHAIRWOMAN HILLER: Yeah, it's absolutely fantastic.
We're very fortunate. Thank you. Thanks for all you do, Jack.
MR. WERT: Thank you all very much. Thank you.
(Applause.)
Item #4F
PROCLAMATION RECOGNIZING APRIL 27, 2013, DOTTIE
WEINER DAY. ACCEPTED BY DOTTIE WEINER; CINDY
LOVE, CEO, MARCO YMCA; TIFFANY HOMUTH, YMCA
BOARD PRESIDENT; STEVE REYNOLDS, MARKETING
DIRECTOR, MARCO YMCA AND LESLIE DRAKE,
COMMUNITY DEVELOPMENT COORDINATOR, MARCO
YMCA — ADOPTED
MR. OCHS: Item 4F is a proclamation recognizing
April 27, 2013, as Dottie Weiner Day. To be accepted by Dottie
Weiner; Cindy Love, CEO, Marco YMCA; Tiffany Homuth, YMCA
board president; Steve Reynolds, marketing director, Marco YMCA;
and Leslie Drake, community development coordinator with Marco
YMCA.
And this item is sponsored by Commissioner Fiala.
CHAIRWOMAN HILLER: And Commissioner Fiala will be
presenting the proclamation for all those wonderful people.
(Applause.)
COMMISSIONER FIALA: And while they make their way up
here, I have to tell you little Dottie Weiner right here, has taught I
think, every child on Marco Island and the surrounding communities
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April 23, 2013
how to swim. Everybody knows her. They all call her Miss Dottie.
And she's got that famous smile. Everybody just loves her. So I just
had to throw that in as a personal note.
Thank you so much for all you're doing. And let me just shake
your hand for being you, Dottie.
The YMCA, by the way, also, in the summertime, gives summer
programs to some of the East Naples children. They bring the
children out there. They help them swim, learn to swim, and give
them summer programs. And even during the year they'll do
after - school programs.
So the Marco Y has really helped the children at East Naples out,
because we don't really have the facilities to do so.
So thank you. Steve Reynolds, our greatest DJ, huh?
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER FIALA: First we're going to take pictures. I
had to give all those personal notes.
MR. REYNOLDS: Good morning, Commissioners. Good
morning, madam president (sic). Steve Reynolds from the Greater
Marco Family YMCA. I'm the marketing coordinator.
Accompanying us today, of course, Dottie Weiner, and my youth
training director, Stephanie Pepper. Seated is Cindy Love, our CEO;
and Susan Melon, our finance officer; and Charlene Garcia, our
after - school and ASPIRE coordinators and also summer -camp
coordinators.
Turn around, Dottie. I want everybody to look at you over here,
okay? All right.
Dottie says every time I talk about her I have to say she was born
in Brooklyn, New York. So, she was born in Brooklyn, New York,
and started swimming at a very young age, continued on into school,
and she was the first female lifeguard ever at Manhattan Beach in
Brooklyn. She was on the cover of Look magazine, Dottie?
MS. WEINER: Life.
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April 23, 2013
MR. REYNOLDS: Life magazine, all right. Life magazine. I've
seen the cover. She still has it. Life magazine.
She came to Marco Island in 1970; one of only 300 people living
on Marco Island at that time, and it was a very small town. 1972 she
got involved with the YMCA on Marco Island. And throughout the
years she has held a distinction of one of the few people in the United
States to be able to say she's taught over 10,000 people how to swim,
adults and children.
CHAIRWOMAN HILLER: That's impressive.
(Applause.)
MR. REYNOLDS: Brings us up to present day. She's taught the
children of people that had learned how to swim with her, and we've
uncovered a couple documented instances where folks that she taught
how to swim were instrumental in saving the life of other possible
drowning patients /victims through her teaching them how to save
lives. So we thank her for that.
The water rise program was established in 1994. This was a
program to introduce all third -grade students into water safety through
the Coast Guard and through the other organizations that she works
with, and that has now become an established procedure for East
Naples school, Tommie Barfield, and Manatee, and they'll be coming
over in May to take part in her program that she established back in
1994.
And over the years she has contributed much to the greater
Marco family YMCA. And Saturday is national Healthy Kids Day.
And we're having a wonderful time for the parents and children
coming up this Saturday.
Stephanie, if you want to just tell us what's going on. And we
have decided to tie in the pool dedication to Miss Dottie as part of our
closing ceremonies that day. This is Stephanie Pepper, and she can
tell you just a few examples of what will be happening this Saturday.
Stephanie?
Page 25
Apri123, 2013
MS. PEPPER: We'll have a bike parade for the children where
they can decorate bikes and go around the YMCA. We're going to do
a bounce house. We'll have some kids' fitness with little tiny spinning
bikes and weight -lift benches and whatnot. It's really cute. It is free
for everybody.
We also have McGruff, the Crime Dog; a lot of other vendors.
David Lawrence Center, Shelter for Abused Women and Children will
be there. There will be a lot of different vendors from our county
coming out to support Healthy Kids Day.
Our goal is to give families resources so that way if they have
questions that arise they know where they can go to get assistance, and
also to help teach children and the parents healthy ways of living.
The pool will be open. Lots of different activities going on.
So -- and it's not just fitness. It's also, you know, your mind as
well. We'll have a book fair. We'll have painting and all kinds of art
stuff going as well.
So if anybody has kids, you're welcome to come.
MR. REYNOLDS: Ladies and gentlemen, in conclusion, on a
personal note, I've lived a lot of places, met a lot of people, and no one
has meant more to me on a personal note than knowing Dottie Weiner.
So all of you, please, on your feet. Give this nice lady a warm
round of applause.
(Applause.)
MR. REYNOLDS: Thank you.
MS. WEINER: I just want to say that it's been a labor of love.
CHAIRWOMAN HILLER: Thank you.
Item #4G
PROCLAMATION DESIGNATING APRIL 23, 2013 AS LAZARO
ARBOS DAY IN COLLIER COUNTY. ACCEPTED BY LAZARO
ARBOS — ADOPTED
Page 26
April 23, 2013
MR. OCHS: Madam Chair, that takes us to Item 4G. It is a
proclamation designating April 23, 2013, as Lazaro Arbos Day in
Collier County.
As all of you know, Lazaro finished among the top 10 of all of
the contests in this season's American Idol talent competition, and
we're very proud to have him here today to be recognized by the
Board of County Commissioners.
This item is sponsored by the entire board.
Please step forward and receive your recognition. Thank you.
(Applause.)
CHAIRWOMAN HILLER: Can I also ask that we step down
and have a picture beside him, because he's so famous. We just
standing up here just doesn't seem to be right. You know, we need to
get down.
MR. OCHS: Yeah, sure.
COMMISSIONER HENNING: Can we do that?
CHAIRWOMAN HILLER: Yeah. Wait, wait. We'll do one up
and one down. Can we also have autographs? Yes. We need paper.
COMMISSIONER FIALA: Our teeny bopper.
CHAIRWOMAN HILLER: Yeah. Listen, and all of you guys,
if you want autographs, I mean, this guy's famous. Let's get down
there.
Would you like to say something or not, or sing?
But I just want you to know, someone asked if I would sing this
morning, but when I heard that he was going to be here, I said no way.
That's not going to happen. I couldn't stand that competition.
This is an amazing singer. We are so proud of him. We want to
thank you for all you've done to represent Collier County in such a
magnificent way. So we are very honored to have you here with us.
(Applause.)
COMMISSIONER HENNING: Madam Chair, I'm going to
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April 23, 2013
make a motion to approve the proclamations, but also, at beginning of
the meeting I wanted to say something.
I want to thank you, staff, and especially the county manager, for
working with the Board of Commissioners individually to make this
such a great community, but also I want to point out, Madam Chair,
you have a duty to preserve decorum at all of our meetings, and I want
to give you our rules, and I ask you to invoke the rules.
CHAIRWOMAN HILLER: Thank you. So noted. Thank you.
MR. OCHS: So, Madam Chair, you have a motion to accept the
proclamations today.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER FIALA: Yes, 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 #5A
RECOMMENDATION TO RECOGNIZE BRENDA REAVES,
CONTRACTS TECHNICIAN, PURCHASING DEPARTMENT, AS
EMPLOYEE OF THE MONTH FOR MARCH, 2013 —
PRESENTED
MR. OCHS: Thank you, Commissioners. That takes us to Item
5 on today's agenda, presentations.
Page 28
April 23, 2013
Item 5A is a recommendation to recognize Brenda Reaves,
contracts technician with your purchasing department, as the
Employee of the Month for March 2013.
Brenda, please come forward.
CHAIRWOMAN HILLER: Congratulations. We'll start with
this. And then on top of that, we have this for you.
COMMISSIONER FIALA: Congratulations.
(Applause.)
MR. OCHS: Commissioners, let me tell you a little bit about
Brenda while she's getting her picture.
Brenda has been an employee of the county for more than eight
years working with our purchasing department in our administrative
services division. As a contract technician, Brenda's primarily
responsible for providing support during the solicitation process,
monitoring contract expiration dates and coordinating contract
renewals.
She's also very involved in training for our operating departments
and has provided cross - training on key business processes with many
members of our staff.
She is considered a go -to person in the office. She's always
available to offer assistance and guidance to the public and also to her
colleagues on the county staff.
Brenda exhibits a broad range of experience and skills that have
proven invaluable to our purchasing department. She's an independent
thinker, upbeat attitude, provides our staff and external customers with
a positive and contagious attitude of can -do spirit, and she certainly is
an asset to the county and our community.
Commissioners, it's my honor to present Brenda Reaves, your
Employee of the Month for March 2013.
Congratulations, Brenda.
(Applause.)
CHAIRWOMAN HILLER: Do you like to say a few words or --
Page 29
April 23, 2013
MS. REAVES: No. Although I think I might.
I would like to thank my colleagues for this wonderful
nomination. It came as a total surprise. But I also want everyone to
know that all the people that walk through my life are an inspiration,
and I look forward to coming to work every day.
Thank you.
(Applause.)
Item #5B
PRESENTATION ACKNOWLEDGING COLLIER COUNTY'S #1
RANKING IN THE STATE OF FLORIDA FOR JOB GROWTH.
ON APRIL 3, 2013, FLORIDA GOVERNOR RICK SCOTT
RECOGNIZED COLLIER COUNTY FOR HAVING THE
FASTEST ANNUAL JOB GROWTH RATE IN FLORIDA FOR
2012 — PRESENTED
MR. OCHS: Item 5B is a presentation to acknowledge Collier
County's No. 1 ranking in the State of Florida for job growth.
On April 3, 2013, Florida Governor Rick Scott recognized
Collier County for having the fastest annual job - growth rate in Florida
for 2012.
Chairwoman Hiller was there to accept the award, and I will turn
it to the chairwoman at this point.
CHAIRWOMAN HILLER: Thank you. If -- do you want to go
ahead and start the tape? Hang on a second. There we go.
(The DVD was played as follows)
GOVERNOR SCOTT.- 7 want to recognize
three counties for, what would you expect?
Job growth. "
(The DVD was paused.)
Page 30
April 23, 2013
CHAIRWOMAN HILLER: Do you know what -- Leo, why
don't you let it scroll first. Keep it on mute till it buffers. And while
it's buffering, we can play it.
Let me begin by saying that it came as a big surprise to all of us
that we received a nomination and an award from Governor Rick Scott
for having created the most jobs in this past year of all counties in the
State of Florida. It's an incredible accomplishment.
And what's most important about it is that it happened not
because of what government did, but because of what government
didn't do. Government stayed out of the way of business.
Government worked to reduce taxes and fees. Government worked to
reduce needless regulation. Government did everything possible to
allow the free market to flourish independently.
And that was the formula that Governor Scott recommended as
the way to success with respect to job growth, which was one of his
platforms when he ran.
Well, in Collier County, it worked. We're proof. And so with
that, I'm going to ask Leo to go ahead and play the presentation.
(The DVD was played as follows:)
GOVERNOR SCOTT: "This is tied to the fastest annual
job- growth rates in 2012. And the first one is going to be -- is
Collier County, which is probably surprising to some people, but
my hometown. I join (sic) to give away awards to my hometown.
Let me just make sure I've got the right one. "
"Would you like me to put this on ?"
CHAIR WOMAN HILLER: "That would be wonderful. "
"On behalf of -- let me just say this: On behalf of the citizens of
Collier County and the Board of County Commissioners, I'll
wear it for them with honor. And thank you for your vision and
your leadership. The reason that we are accepting this award
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April 23, 2013
today is because you are our inspiration. You created these jobs
with your philosophy in mind: Less taxation, getting rid of
useless regulation, and being business friendly. It works. "
GOVERNOR SCOTT.• "And they have. They have. They've done
a great job. "
CHAIR WOMAN HILLER
(The DVD concluded.)
"It works, it absolutely works. "
CHAIRWOMAN HILLER: All right. Thank you very much.
So with that, what I'd like to do is I'd like everyone to rise, and I'd
like to present this to the citizens of Collier County, the Board of
County Commissioners, and county staff for everything that they have
done to get so many people employed, and we need to keep doing that
each and every year, because we need to be No. 1 in the nation, all
right. We're actually in the top 5 percent. We need to be No. 1. So
let's keep going. Congratulations.
(Applause.)
CHAIRWOMAN HILLER: With that, what I'd like to do is I'm
going to present this to Leo and ask that if you could please mount this
in a beautiful black velvet, you know, gold - framed case -- a
shadowbox would be really beautiful. If we could put it in the lobby
so that all the citizens can see it and be really proud of their
accomplishment.
MR. OCHS: I'd be happy to.
CHAIRWOMAN HILLER: Thank you very much. And I'll go
ahead and present this to you as well.
COMMISSIONER COYLE: We need to get a picture with you,
Leo.
CHAIRWOMAN HILLER: Yeah, Leo. You stay right there.
We can all -- yeah, you hold it. There. That's beautiful.
CHAIRWOMAN HILLER: Thank you. Thank you, Leo.
(Applause.)
Page 32
April 23, 2013
CHAIRWOMAN HILLER: Before we move to the next item, I
have to say that there is one more presentation. Somebody left
something on my desk. It says "top secret." I've been presented with a
very --
COMMISSIONER COYLE: It's an envelope full of money.
CHAIRWOMAN HILLER: It's an envelope full of worse than
money, more dangerous than money: Chocolate. This actually -- and I
just want you to know this could be construed as a bribe but for the
fact that I actually bought the wonderful person who bought this bar of
chocolate for me a bar of chocolate myself, but I forgot it. So, you
know what, the evidence is in the kitchen. But, anyway, you know,
they can get a search warrant, and they can come and search me
anytime.
All right. So I want to thank you, Mary Jo Brock, because -- I
need to let everyone know we have a bunch of chocoholics here at the
county. The county manager, Mike Sheffield, and myself are all
addicted to very, very dark chocolate. And throughout our board
meetings, the way we sustain ourselves is by eating this decadent,
delicious dangerous food.
So, Mary Jo, thank you very much. I know you're watching.
MR. OCHS: She's watching very embarrassed right now.
CHAIRWOMAN HILLER: And I'm just going to tell you right
now, next week it's quid pro -- or in two weeks, I should say, it's quid
pro quo. So get ready. Naples Daily News, write an article on that
one.
Yes.
COMMISSIONER COYLE: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: The only --
CHAIRWOMAN HILLER: Did you want some chocolate, too?
COMMISSIONER COYLE: No. I just wanted to --
CHAIRWOMAN HILLER: Mary Jo, he's jealous. I can tell.
Page 33
April 23, 2013
COMMISSIONER COYLE: -- make a statement that the only
way you can avoid an ethical conflict here is to share that with the
other members of the commission.
CHAIRWOMAN HILLER: Oh. Well, let me tell you
something, I would really like to, because I want you to watch their
reaction when I give them a piece, and just -- and this is really, really
important. You -all need to make a note of this. This is called Congo
Pili Pili Chili dark chocolate, and I really look forward to sharing it
with the board. And I want the camera on their faces as they take a
bite. And this is one of my favorites, so --
COMMISSIONER NANCE: Does this high- octane candy have
anything to do with the tenor of the meetings?
CHAIRWOMAN HILLER: Oh? I like it. Can I tell you
something? No, because this chocolate was introduced only today by
Mary Jo. So if the tenor of the meeting changes today, we'll know
why.
COMMISSIONER NANCE: Well, I know that Mr. Sheffield
has been holding back on us on the chocolate over there.
CHAIRWOMAN HILLER: Yeah. But his chocolate hasn't been
-- it doesn't even come close to this high- octane stuff. I mean, they've
been doing, like, you know, Dove dark chocolate and stuff. Like, this
is -- this is the highway to the danger zone.
COMMISSIONER COYLE: It has chili peppers in it?
CHAIRWOMAN HILLER: Oh. Well, just wait and taste it.
UNIDENTIFIED SPEAKER: Do you need citizen tasters?
CHAIRWOMAN HILLER: Oh, absolutely, absolutely. Just, we
want you to sign a release before you indulge. Come on up.
COMMISSIONER FIALA: Oh, my goodness. It's got a kick.
CHAIRWOMAN HILLER: Come on up, guys. I'm serious.
Actually, don't come up. I'll come down.
COMMISSIONER FIALA: Oh, it burns your mouth.
MR. OCHS : Do we need a water break now for the
Page 34
April 23, 2013
commissioners?
COMMISSIONER COYLE: Yuck.
CHAIRWOMAN HILLER: Let me tell you something.
COMMISSIONER HENNING: Madam Chair, I'm ever indebted
to you for this fine- tasting chocolate.
COMMISSIONER COYLE: That's the worst chocolate I've ever
tasted in my life. It's really a joke. It's not chocolate at all. It's
jalapeno peppers.
COMMISSIONER NANCE: That's some hot chocolate.
COMMISSIONER FIALA: Anybody want the rest of my piece?
COMMISSIONER NANCE: It takes hot chocolate to a new
level, Commissioner Coyle.
COMMISSIONER COYLE: Yes. Well, I've taken it to a new
level, in the trash can.
COMMISSIONER NANCE: Holy mackerel.
COMMISSIONER FIALA: I didn't even know they made
something like that.
COMMISSIONER COYLE: I can't even imagine why they
make something like that.
CHAIRWOMAN HILLER: Mary Jo, I can tell everybody loved
the chocolate you selected. Good job.
UNIDENTIFIED SPEAKER: It's hot.
CHAIRWOMAN HILLER: You see, everybody needs a little
spice in their life, and this is one way to add it.
Leo?
COMMISSIONER FIALA: I think I'll choose another way.
MR. OCHS: Yes, ma'am.
Item #7 — Presented and then continued to later in the meeting
PUBLIC COMMENTS ON GENERAL TOPICS
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April 23, 2013
MR. OCHS: That takes us to Item 7 this morning, public
comments on general topics.
MR. MILLER: You have 10 registered public speakers for
public comment.
CHAIRWOMAN HILLER: Before we start with public
comment, I would like to mention that Commissioner Henning
brought forward a protocol which relates to how meetings need to be
conducted. And I'd like to go ahead and read it, because I think it's
important that everybody understand, before we start public comment,
what is required as a matter of procedure with respect to our meetings.
And I will circulate this so everyone can read it, and we will
introduce it into the record after that.
With respect to the presiding officer, it says, the chairman shall
preserve order and decorum at all meetings. He shall state every
question and announce the decision of the commission on each item of
business.
And then, more specifically, Section 2 -38, sergeant at arms. The
county sheriff or his deputy shall be the sergeant at arms at meetings
of the Board of County Commissioners and shall carry out all orders
of the chairman to maintain order and decorum.
So with that, I'll just go ahead and pass this around so you can
read it for yourselves -- if you have extra copies. Thank you very
much -- and then we'll introduce a copy into the court record and a
copy for the county attorney and county manager.
Thank you very much. Thank you for bringing that to our
attention.
COMMISSIONER FIALA: Who's the sergeant at arms?
CHAIRWOMAN HILLER: He's the sergeant at arms.
COMMISSIONER FIALA: The guy with the gun?
COMMISSIONER COYLE: This is a part of our ordinance.
There's no need to introduce it as something new.
CHAIRWOMAN HILLER: No. We're not introducing it as
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April 23, 2013
new. We're introducing it, as I understand Commissioner Henning, to
refresh the recollection of --
COMMISSIONER HENNING: Yes, absolutely. And you
know, it's -- I think that we can, as I stated before, conduct our
meetings in a meaningful way for the citizens of Collier County, and
that's the only reason I brought it forward.
CHAIRWOMAN HILLER: Thank you. Let's go ahead and
begin with our first public speaker.
MR. MILLER: Your first public speaker is Brett Cohan, and he
will be followed by Jerry Neuhaus.
MR. COHAN: Good morning, Commissioners. My name is
Brett Cohan. I live and currently serve on the board of a community
called Marbella Lakes. It's located off of Livingston approximately
one mile south of Pine Ridge.
I'm here to talk about an item that was removed from your
agenda at your March 12th meeting and, from what I understand, may
be back again on your agenda within the next month or so. This item
is the proposed road extension of Whippoorwill Lane.
I would like to mention that I've been a community association
manager for 19 years and have been working at Naples Cay for the
past 14 years.
While I may not agree with the need and/or timing of this
proposed extension, I do want to mention that I have a great deal of
respect for Mr. Casalanguida and the staff. I can appreciate their daily
challenges, and their communication with us has been very good.
We had our turnover from the developer to the unit owners back
in December. As you could imagine, we have been dealing with a
number of issues since then, such as a budget which was approved by
the developer prior to turnover, developer -- we are working with
engineering studies, declaration and bylaw issues, vendors and their
contractual services, and also the everyday homeowner in a recently
turned -over community.
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April 23, 2013
On top of everything we've been working on, this proposed
Whippoorwill extension was brought forward just after turnover.
Timing was of the essence, so we hired Attorney Patrick White to
assist us with gathering information and specifics of the proposed
extension.
I believe Jim Smith, our association president, has either met or
spoke with most of you. He also submitted a presentation to each of
you the day before this item was removed from your agenda.
I do want to thank the staff for conducting their public meetings.
They have actually had their permits for this project for some time but
have done the right thing by conducting these meetings.
There is another public meeting scheduled next Tuesday, April
30th at 5 p.m. at Naples Church of Christ, which is located just north
of our community. If you are available, I encourage you to attend.
The staff has presented what they believe to be similar completed
connections throughout the county. We don't feel this one is the same.
They will also present current traffic counts in the area that are
significantly less than the traffic counts from a few years ago. If there
wasn't a problem then, why build this now?
They will also advise there was an explanation in our sales
contracts, and the developer informed us of this extension. I was only
advised of a possible Green Boulevard extension maybe 20 years from
now.
I believe there have been a number of emails and letters sent on
the subject. I was advised of a petition with hundreds of signatures.
This project shouldn't have to take place just because the funds are
available and contractors are offering favorable pricing.
Commissioner Nance, I read an article a few months ago where
you were looking for funds to pave roads in your district. We would
prefer the staff to use this 1.5 million for your roads.
I have been to three public meetings and have met with staff.
Out of hundreds of people, other than the staff, I have only heard one
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April 23, 2013
person speak in favor of this proposal.
Again, I encourage you to attend the public meeting next week to
listen for yourself.
I will conclude that, yes, I would prefer you to hold off
proceeding with this project until such a time when it may be
necessary, meaning the traffic studies indicate the need; however,
what I'm asking you and the staff to consider for now is to hold off on
any decision until November or December.
Several owners have gone back up north for the summer. There
is no emergency or immediate need for this project. There are some
strong feelings on this subject. Mr. Casalanguida and the staff are
well aware of that. Give the residents the opportunity to be here and
share their feelings with you.
Thank you very much.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. I thank you for providing
that date for me. I'm going to place that on my calendar so I can be
there, the April 30th meeting; however, the board has already gave
direction to proceed with this project. And it's the board's policy that
we inform the citizens of these transportation projects, and that's why
we've had numerous meetings with residents or concerned citizens in
this particular project.
And, you know, I would like to see it come forward for the
board's consideration, consideration in the future. At the time it was
on our agenda, it was when the majority of the people were here in
Collier County, and we delayed it or staff delayed it because of the
concerns of the residents of Marabell (sic).
So for us to change our minds about further delays, it would have
to be a reconsideration item. I'm not sure we can do that. But,
anyways, I will see you April 30th. Thank you.
MR. COHAN: Could I say one thing?
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April 23, 2013
COMMISSIONER HENNING: I'll see you April 30th, and you
can tell me then.
CHAIRWOMAN HILLER: I do have a question. When was this
approved by the board?
COMMISSIONER HENNING: It was approved during the
budget process.
CHAIRWOMAN HILLER: This year?
COMMISSIONER HENNING: Last year.
CHAIRWOMAN HILLER: I guess it was -- well, we have many
projects that are approved as budgetary items without actually going
through the formal approval process for the expenditure. So I'm not
really sure that we actually approved it. And the only reason I raise it
is, my concern is whether or not the timing of this project, not
necessarily as to whether it should or shouldn't go forward, but
whether the timing of the project is appropriate today if the system
isn't burdened to the extent that it's needed.
My concern is, if we build projects like this prematurely, what
we're, in effect, doing is accelerating the depreciation of the asset,
which works against us.
So I just want to bring that up for consideration at this public
meeting that we do make a determination as to whether or not
executing this project at this time is the best decision. And I have a
concern about this project, because it borders the second district. This
road would affect traffic both in my district and, I believe,
Commissioner Coyle's district and the flow of traffic into, I believe,
Commissioner --
COMMISSIONER HENNING: Commissioner Henning's
district.
CHAIRWOMAN HILLER: -- Henning's district.
COMMISSIONER HENNING: Absolutely. So we all have
concerns about this project.
CHAIRWOMAN HILLER: Right.
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April 23, 2013
COMMISSIONER HENNING: And to further delay for the
board to make that decision --
CHAIRWOMAN HILLER: Yep.
COMMISSIONER HENNING: -- I don't think it would be
prudent. So anyways.
CHAIRWOMAN HILLER: Thanks.
COMMISSIONER HENNING: See you April 30th.
CHAIRWOMAN HILLER: Right. And that's the evidence that I
hope staff will bring forward. And if the evidence shows that delaying
it is imprudent then, obviously, it needs to move forward. If,
conversely, it shows that we can delay it and, you know, basically
save some years on the depreciation of that investment by putting it
off, then that should be considered also.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, just a word. This is not in my
district at all.
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER FIALA: But one of the things we've always
tried to do is get out front of growth and prepare for it rather than after
the fact then trying to get everybody out of the way because now we
want to build a road where they're already living, and it really impedes
and upsets neighborhoods as we move forward.
And this has been on the plan for many years, and they want to
make sure that they have roads in place to accommodate our future
growth. And let's face it, we're seeing it coming right now.
Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next public speaker is Jeri Neuhaus. She'll
be followed by Joan --
CHAIRWOMAN HILLER: Hang on a second. Commissioner
Coyle, I believe, wants to comment on this project.
COMMISSIONER COYLE: Yeah. For the benefit of those who
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April 23, 2013
are speaking in opposition to this project, it's going to take three
commissioners to vote against this if you want to stop it.
The importance of the public input is to provide us all with
sufficient information to balance the recommendations of the staff
with the concerns of the community.
And it's not going to be particularly helpful for commissioners to
try to debate this issue during your public meetings. That is a time
where you are to be heard. And we collect all that information, and
we're -- and I'm well aware of all of the concerns about this particular
project.
But I urge maximum participation in all of these public hearings
concerning this project so that we will have the benefit of everyone's
reasons for either delaying or not doing the project now at all.
Please bear in mind this is a delicate balancing process for county
commissioners. Do you do something well in advance of its actual
need and hopefully save some money in the process, or do you wait
until the need is there and then you try to build it at potentially higher
costs?
That's always a delicate balancing process for us. And I think the
best thing to do is to proceed through as many of these public
meetings as you can and share your concerns with us. And then when
we have the public meeting here, that's the time for you to come back
and see what you can do. Okay.
CHAIRWOMAN HILLER: Thank you.
Our next public speaker?
MR. MILLER: Our next speaker is Jeri Neuhaus. She'll be
followed by Joan Evans.
MS. NEUHAUS: Hello. I'm Jerry Neuhaus. I've been asked,
because I manage a property for Anthony Renaldi on Isles of Capri,
and because Christopher Realty's done that since 1985 -- he can't
attend Item 8A today. And we all arrived thinking it was at 9 o'clock,
so we can't attend it. He gave me a very short letter to read to you -all.
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April 23, 2013
In the 1990s when I rebuilt my dock, it had to be done to the
same configuration as was stated in my permit. I've been on the
Marco River for 30 years and know the difficulties of navigating it.
While I would have preferred to have been permitted to dock my boat
parallel to the Marco River for the safety of my family and guests,
instead I was only allowed to use the perpendicular configuration
approved by Collier County.
I adhered to all of the requirements and restrictions imposed by
Collier County because that was the rule. Collier County did not
consider my request, which was based on safety, to constitute a
hardship.
I believe it would not be fair or just for Collier County to make
an exception to the rules for someone who cannot demonstrate that a
true hardship exists; therefore, I respectfully ask that the
commissioners deny the appeal by the Wahls being heard on Item 8A
for a dock extension that is not needed because of hardship but rather
simply for convenience.
Respectfully, Anthony J. Renaldi.
CHAIRWOMAN HILLER: Thank you.
MS. NEUHAUS: Thank you.
MR. MILLER: Your next public speaker is Joan Evans. She'll
be followed by Arthur Spiegel.
MS. EVANS: Good morning. I'm Joan Evans, property owner
residing directly east of the Wahls and most adversely affected by
their request for a variance, which has been denied twice by the
Planning Commission.
It is my property, value, and my riparian rights that will be
infringed upon unfairly due to their persistent unwillingness to abide
by the current existing zoning code, their repeated attempts to bypass
the Planning Commissioners' denials, which were made after
expending their expertise, time, and their intelligent forethought to
evaluate the ramifications of such a variance. This truly is a blatant
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April 23, 2013
smack in the face of how Capri property owners should be treated.
Just because they built a lovely, large, new home and obviously
have the means to hire and pay for what they want does not give them
the right to be above the rules. To trod over my rights so they can
have two docks and declare it a hardship case is truly ludicrous and
unconscionable.
Please, support a local marina with your second boat.
What if the next hurricane were to take down my dock and
seawall, which is an older one? I would have to adhere to the code
and, hence, should the Wahls greed to have two docks and excessive
dock extensions into the river be approved? My rights have been
compromised unfairly.
I cannot turn to my other neighbor and now request that they give
up some of their riparian rights to accommodate me or my heirs' needs
to rebuild my seawall with a new parallel dock since they were
already usurped by the Wahls.
This, in summary, is plain injustice and leads me and those aware
of these proceedings to cry foul and political maneuvering, at the very
least.
Please consider your decisions with the respect for all and with
all of the proper facts. For this, I would be very grateful.
Thank you.
MR. KLATZKOW: Ma'am, can you be here for the public
hearing? Can you attend the public hearing?
MS. EVANS: Have I attended?
MR. KLATZKOW: Can you appear at the public hearing later
today?
MS. EVANS: Yes, yes. Anything else?
MR. KLATZKOW: No, I think you should.
MS. EVANS: Thank you.
COMMISSIONER FIALA: It's at 1 o'clock, right?
MR. MILLER: Your next public speaker is Arthur Spiegel. He
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April 23, 2013
will be followed by Charles and Elsie Minard.
CHAIRWOMAN HILLER: At this point let me just say that at
10:20 we have to give our court reporter a break. So we'll have this
public speaker, give the court reporter a break, and then at 10:30 we
have a time - certain, and then followed by another time - certain, and
then we're going to come back to public comment.
MR. KLATZKOW: And if these public comments continue to
be about the public hearing at 1 o'clock, I would ask that the public
speakers wait --
CHAIRWOMAN HILLER: Yeah --
MR. KLATZKOW: -- because --
CHAIRWOMAN HILLER: -- it is --
MR. KLATZKOW: -- the Wahls have the opportunity to
cross - examine, and they're not getting it this way.
CHAIRWOMAN HILLER: Exactly. And there is absolutely no
question about that. And I actually don't believe that we can introduce
what's being presented here under public comment as part of the
record at that hearing.
So if you want to speak to the matter that's coming up at 1
o'clock, then you need to be here to introduce that on the record.
We're not going to take public comment and introduce it as part of that
hearing.
MR. SPIEGEL: I'd like to postpone until one.
CHAIRWOMAN HILLER: Thank you.
MR. SPIEGEL: I wasn't able, but I am able.
CHAIRWOMAN HILLER: Thank you. That's great. We have a
great place downstairs for lunch.
COMMISSIONER COYLE: Yeah. It serves some great dark
chocolate.
CHAIRWOMAN HILLER: Nice and spicy.
MR. KLATZKOW: Your next speakers are Charles and Elsie
Minard. Do you want to do them before the break?
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April 23, 2013
CHAIRWOMAN HILLER: I'd like to do them after the break
also, because it's 10:19, and we have to give our court reporter a
10- minute break.
So, Mr. Minard, it's not intended, you know, to delay you, but we
have to do that to keep her happy; otherwise, we're in trouble.
So we'll be back at 10:30 for the time - certain with the Clerk of
Courts.
(A brief recess was had.)
CHAIRWOMAN HILLER: We're back in session.
MR. OCHS: Madam Chair, you have a live mic.
We have a 10:30 a.m. time - certain hearing, if you'd like to take
that, ma'am.
CHAIRWOMAN HILLER: Yes, please.
Item #I OE
DISCUSSION OF THE CLERK OF COURT'S AUDIT OF THE
BLOCKER' S LEGAL FEES IN REFERENCE TO THE
SETTLEMENT AGREEMENT — PRESENTED AND DISCUSSED;
MOTION THAT ALL OFFICERS OF H.O.M.E. PROVIDE THE
COUNTY MANAGER THE DOCUMENTATION BY FRIDAY,
APRIL 26, 2013 AND THE COUNTY MANAGER TO IN TURN
PROVIDE THEM TO THE COUNTY CLERK FOR AUDITING.
IF THE DOCUMENTATION ISN'T PROVIDED, THE COUNTY
MANAGER IS TO REPORT TO THE BCC AT THE NEXT BCC
MEETING — APPROVED
MR. OCHS: That is Item 10 on your agenda this morning. It's a
discussion of the Clerk of Clerks audit of the Blockers' legal fees in
reference to the settlement agreement. This item was placed on the
agenda by Commissioner Coyle.
CHAIRWOMAN HILLER: Commissioner Coyle, would you
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April 23, 2013
like to -- since you brought this item forward, would you like to
begin?
COMMISSIONER COYLE: Okay, yes. I would like to provide
support to the clerk in requesting and obtaining all of the proof of
payments relating to the Blockers' legal bills. Our settlement clearly
said that we would -- they would have to provide proof of payment of
bills.
And my understanding from your response to my public records
request is that you looked at -- and I'm talking to the clerk now, for the
purpose of the public. You looked at mostly bills and took some
samplings of payments, as I understand it, although there's no
evidence in any of the paperwork that you have provided under that
public records request that indicates that there was a verification of
payment.
And I have never found fault with those audits that you have
done that are detailed and complete. I've always supported them. And
this one I don't think is sufficiently detailed.
This is the substance of the audit, two typed pages of information
that doesn't, in my opinion, properly account for the expenditure of
over a half a million dollars of taxpayer funds.
So I would like to just -- the two of us get together and say, you
know, we want to see the proof of payments, end of story, all of the
payments. And I think if we can do that, it will satisfy my concerns
and it will make the public feel a lot better about whether or not the
terms of the settlement were actually carried out.
So that's all I'm doing. That's all I want to do. This is not a
criticism of the clerk. It is merely a request that the clerk do what he's
done on many, many other occasions, is to do a detailed audit of the
payments, proof of payments. That's the thing we're really interested
in, not just the legal bills.
So that's it. That's all I'm asking. Let's get the proof of payment.
That's what our settlement offer agreement said. And we ought to
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April 23, 2013
have it. We ought to have it for the public record, and I'm asking the
Board of County Commissioners and the clerk to agree that we should
ask for those, okay?
CHAIRWOMAN HILLER: Thank you. Just by way of
background, since Naples Daily News consistently refuses to report
the facts of this case, this settlement arose out of court- ordered
mediation held by the parties February the 8th, 2013. That mediation
was attended by the county attorney representing the Board of County
Commissioners and the county.
And that the settlement that came out of that mediation, which
was arrived at as a consequence of the oversight and leadership of a
court- appointed mediator, was presented to the board with a
recommendation for approval by the county attorney. The board
approved that settlement by majority vote. And then that settlement
was approved by the judge in this particular case, by the Court, if you
will, and was accepted by the Court.
I have a copy of the settlement agreement here, which I will have
introduced in the record. Part of the settlement agreement does address
the clerk's role with respect to the review of invoices and proof of
payment in support of expenditures. And these are, essentially, legal
costs and fees incurred by the Blockers associated with this litigation,
basically that, you know, the Blockers were being reimbursed for the
legal expenses that they had to incur to defend their property rights,
their personal property rights against the county government.
The one thing that I want to make note of with respect to that
settlement agreement is that the final sentence in Section 7, which
refers to the clerk's involvement, states the following: The decision of
the clerk shall be final.
COMMISSIONER HENNING: Madam Chair, I have a question
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: -- for Commissioner Coyle.
CIM
Apri123, 2013
What I hear you saying is the review and the role of the clerk, all
you're asking to do is what he has done historically on audits; is that
what you're asking, or do you want something different than what he
has historically done?
COMMISSIONER COYLE: No, not really. And if I may, to
answer your question, I will read the statement immediately before the
statement that Commissioner Hiller just read. She said that the
decision of the clerk shall be final.
What she didn't read to you was the sentence immediately before
that, which says, and I quote, the clerk will review these invoices and
proof of payment and shall pay their actual out -of- pocket costs and
legal fees directly incurred in the lawsuits and the code enforcement
cases.
So that's the settlement agreement, okay, that the clerk will
review these invoices and proof of payment.
Now, maybe the clerk did that, but it's not obvious from the
information that he gave me in response to my public- records request.
And I think he's said in other cases that he didn't look at all of the
proof of payments. He spot- checked a few, and that was it.
So all I'm saying, let's do what the settlement agreement required
and remove any question concerning this, and then I would be happy
that the decision of the clerk shall be final. That's not a problem for
me.
COMMISSIONER HENNING: Okay. What I heard you say
was you want the clerk to look at the invoices no differently than he
has done in the past; is that correct?
COMMISSIONER COYLE: No.
COMMISSIONER HENNING: Oh, so you want it different?
COMMISSIONER COYLE: No, I don't want it different. I want
it in accordance with the settlement agreement that says the clerk will
review these invoices and proof of payment, okay.
So that's all I'm asking, is some indication that the clerk has
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April 23, 2013
reviewed the proof of payment of those invoices.
COMMISSIONER HENNING: Well, I appreciate the dialogue
that we're having; however -- hang on -- however, I remember the
county attorney -- I believe it was the county attorney -- forwarded
somewhere in mid -March the findings of the clerk and was waiting for
commissioners' comments.
I know -- I mean, I read what the clerk provided us through a
summary of what he did in this certain case. I had no comments.
Did you have any comments to the county attorney or the clerk
on his review?
COMMISSIONER COYLE: What I did was submit a request for
public records so I could get my questions answered.
COMMISSIONER HENNING: When was this?
COMMISSIONER COYLE: Do you have it, Dwight?
MR. BROCK: I do.
COMMISSIONER HENNING: Okay.
MR. BROCK: May I go through the detail of what I did?
COMMISSIONER HENNING: Yeah.
MR. BROCK: What I did --
COMMISSIONER HENNING: I mean, my only point is --
MR. BROCK: Once you hear what I did, you know, then you
may have some questions --
COMMISSIONER HENNING: Okay.
MR. BROCK: -- that you can ask.
COMMISSIONER HENNING: Thank you.
MR. BROCK: Madam Chair, may I proceed?
CHAIRWOMAN HILLER: Yes, please.
COMMISSIONER COYLE: I'm sorry. I don't mean to interrupt
you, but I'll answer Commissioner Henning's question. It was dated
March the 11 th, 2013, was my request for a public- records request.
COMMISSIONER HENNING: Okay, thanks.
MR. BROCK: Okay. Commissioners, if you will recall, at a
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April 23, 2013
board meeting back in January -- I think it was the first part of
January, sometime around the 8th -- there was, in fact, a public
meeting in which the Board of County Commissioners had directed
the county attorney get with the clerk, the clerk to do an audit of the
costs and fees associated with the Blockers' case.
Once that transpired, the process that I personally went through
was I began -- you know, one of the issues that I kept hearing in the
discussions that took place was we want to make sure that the fees and
costs were all associated with the cases in the administrative process.
And the first thing that I did was I went to the public records and
began going through my public records looking at the administrative
actions that took place, looked at the hearings that took place, reading
the transcripts of all of that -- that took place. Then I went to the court
records, and I began looking at the court records of all of the cases
associated with that process. That began in early January, okay.
In the course of dealing with this issue, I discovered that, you
know, this issue went all the way back to 2006. It started back in that
era, that period of time. Then on February the 8th, after the January
meeting, there was actually mediation that took place. I was not a part
of it, had no input into the process, had nothing to do with it.
And in the mediation process, you will find that there was, in
fact, a provision for the clerk to audit the fees and costs and to look at
those and make a determination of whether or not those fees and costs
were, whatever they were, up to an amount not to exceed $540,000.
In that particular provision -- in that particular settlement, it had a
provision that the Blockers were to provide the invoices and records to
the clerk within 10 days.
So I immediately began trying to go through the process of
getting together with the Blockers, getting them to get their
information together, planning my audit, my review of their records,
and beginning the process of setting up the meeting to go through the
records.
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April 23, 2013
Now, remember, this is February the 8th. The case is still
pending. The board has not approved any settlement agreement. And
one of the concerns that the Blockers had and that their attorney had,
Steve Bracci had, was that those records, in fact, had information
which was confidential and could, in fact, disclose confidential
information to the county.
So their objective was to provide that information, have an
independent review of it, but they weren't about to trust the Board of
County Commissioners. And, unfortunately, I happen to understand
that.
If you will recall back during the litigation that I had with the
Board of County Commissioners, I went to mediation. I think Mr.
Klatzkow was present; Commissioner Fiala was present. We ended
up with a mediated settlement agreement that came back to this board
and was rejected. And I'm sure that that was, in fact, part of the
concern that they had about disclosing any of these records.
At this point in time I set up a meeting with the Blockers. I don't
remember Mr. Blocker's name, but the party to the action, and Steve
Bracci, an attorney, in Steve Bracci's office, his law office.
Mr. Blocker showed up. Mr. Bracci showed up. They brought
with them the invoices. They brought with them checkbooks, big
business checkbooks which had the register of the checkbooks, and
they brought canceled checks with them, okay.
Prior to me going into this meeting, I had developed my review
plan, and I anticipated that, you know, I would begin the process by
looking at between 10 and 20 percent of the documentation. Now,
remember, these are bills back all the way to 2006.
In the course of developing the sampling profile that I went
through, the obvious plan is, you know, if you go through, and at my
decision -- no input from anyone else -- I asked for a document. If
they're open, provide it to me, I'm going to be happy.
On the other hand, if I ask for a record and I get some hem and
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April 23, 2013
haw, I get some reluctance to provide me with that record, I'm
immediately going to expand the scope of my sample.
If it becomes a concern that they're trying to pull the wool over
my eyes, I may expand my sample to the entire universe.
In the course of doing that process, both Mr. Blocker and Mr.
Bracci were very cordial, were very professional, answered every
question that I had. When I made the determination of the document
that I wanted to see, it was immediately pulled out and handed to me,
okay.
I reviewed all of the invoices, and as I reviewed them, as I would
come to one that I wanted to see the check for, I would ask to see the
check.
When it came to one that I thought I wanted to see the check
register for, which was set out there in front of me to just open and
review, I would look at that.
And there was absolutely no hesitation. There was absolutely no
reluctance. They were very, very open with everything that they had.
If you think about why they had the provision in there that the
clerk was to do it as opposed to someone else -- now, these are
confidential attorney- client records. You can understand why they're
not wanting to make those public.
The same thing is true with many of our audits that -- you know,
our objective is to obtain the information and to come to the
conclusion that things are done right.
As we go through this process, they were very candid. They
were very open. I had no problem in anything that I requested, and I
suspect I reviewed somewhere in the neighborhood of 20 percent of
the checks, maybe a few less, and I had the checkbook, the check
register there in front of me that I could look through at will.
One of the other things that I was tasked to do was to try to
determine whether or not these fees and costs that they were talking
about had anything to do with what was provided in the settlement
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April 23, 2013
agreement, which was the administrative actions and the court case.
So I'm looking at these invoices to identify what it is that it's for.
In the early years with the attorneys that were involved in this,
primarily with the administrative actions, there was almost no
information to give me a lot of detail as to what the fees were for other
than they worked x- number of hours.
So as we went through that process, I had to query the parties to
try to find out what it was that they were being billed for.
Then I went back and tried to tie that to the period in time in
which all of the administrative processes were taking place.
Now, this was all taking place shortly after the February 8th
mediation. It may not have been within the 10 days, but it was
somewhere right around there. I mean, I had difficulty getting my
schedule in line with Mr. Bracci's schedule, but it was very close in
there.
The one thing I want you to understand is I was sampling those
records. If there had been anything to indicate that anybody was
trying to hide something from me, prevent me from having something,
prevent me from seeing something, I would have immediately, on the
spot, expanded my scope, as I said earlier, to potentially have
encompassed the entire universe. I didn't have any need to do that.
The review that I took or that I made of these records and in Mr.
Bracci's office, we started about 9 o'clock in the morning, and it was
late afternoon, I mean, mid to late afternoon before we finished just
going through these records in his office.
As we concluded this process, I put all of my information
together. I went back and finished my review of all of the public
records, all of the documents that I needed to try to determine, as best
I could and as reasonable as possible, whether or not the bills that had
been provided were associated with what was provided in the
settlement agreement.
Then the board approved the settlement agreement after that
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April 23, 2013
process took place. I had written a letter on, I think, March -- the
original letter was on March 6th explaining exactly what it was that
had occurred when I sent that letter to Mr. Bracci. I understand at that
point in time and from looking at the records in the court case that the
settlement was then presented to the Court based upon my
determination.
At the same time that I sent it to Mr. Bracci, I sent it to the
county attorney and each and every one of you. Now, let me read to
you exactly what I said.
The process of reviewing these fees and costs involved devising a
plan and performing a review of all bills as well as a random sampling
of supporting documentation for attorney's fees and costs associated
with the settlement process. The results were designed to identify
costs and fees paid, review the costs and fees for reasonableness, and
determine if there were any costs or fees that we found not to be
associated with the settlement agreement, authorized costs, or fees,
litigation, code enforcement action, and the costs and fees, which I
took right out of the settlement agreement.
The original letter was sent on the 6th. I later determined that in
Paragraph 5 -- and some of the numbers, my secretary was unable to
read my handwriting, and there was a scrivener's error, and I corrected
that scrivener's error and sent it out to everyone. The bottom line did
not change. The bottom line remained constant.
On March the 11 th, I received a public- records request from
Commissioner Coyle, to which I immediately responded.
Shortly after the request -- you know, Commissioners, I hate to
do this, but I'm going to do it. Shortly after the request from
Commissioner Coyle and I had responded, I had a meeting with
Crystal Kinzel, my finance director; Jeff Klatzkow, county attorney;
and my attorney, Tony Pires. The meeting was to discuss the
purchasing policy that is being worked on by our Attorney Klatzkow.
I pointed out to Mr. Klatzkow that Commissioner Coyle had
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April 23, 2013
made the public records request and asked him if he wanted to see it,
and Mr. Klatzkow responded, no, he did not. Very definitive; that
when Coyle was in charge, he wanted to do it one way, and now that
he's not he wants to do it another, okay.
As we went on through this process, on March the 13th the final
deposit -- the final disposition of the case was filed by the county
attorney and the other party, and it was accepted by the Court.
Now, I have not heard a word from anyone with regard to my
report, okay. It was sent out on the 6th. We're sitting here on the
13th; the final disposition gets filed.
On that very same day, I receive a request. I don't make
payments of board money without requests from the board through
one of their authorized signatories on the board's accounts.
On March the 13th -- first let me back up for a moment. And I
want to show you the request that I received from Mr. Klatzkow to
make a payment.
Can you blow that up? Is that as big as you can get? I mean,
basically here -- I'll read it to you, ladies and gentlemen. Your agency
was good enough to provide a prompt review of these invoices and
provided the attached report to the board on March 15th. I have heard
no objection to this report.
I then received this request to make the payment, to which, based
upon that request, I directed my staff to make the payment.
Now, on April the 8th, I received a second public- records request
from Commissioner Coyle which was, essentially, the same thing he
sent the first time that I had responded to and sent him the entire file.
In that particular request, ladies and gentlemen, I made a
public- records request of Commissioner Coyle. Now, 119 of the
Florida Statutes dealing with public- records requests requires, one,
mandatory and immediate acknowledgment of receipt of the request
and reasonable compliance.
I have not received anything from Commissioner Coyle. I read
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April 23, 2013
about it in the newspaper and get told about it by Brent Batten;
nothing from Commissioner Coyle.
Now, as it relates to the process by which I made my
determination, I used commonly accepted and used sampling
techniques, which are used every day in auditing.
Now, you see the section that I've written? This is an article from
a publication from an accounting firm. And here's what it says. I'm
going to move away from the microphone because I'm going to read
it. In today's auditing environment, the auditor seldom performs audit
tests on all items and account balances of classes of transactions for
the purpose of evaluating some characteristic of the population.
Consequently, the evidential matter obtained for an account
balance or classification of sampling or population are reasonably
accurate reflections of the characteristics to be found in the whole of
that population, okay. That is a commonly accepted process. It is the
process I use every time I audit anything, including any payment that
comes into the county.
But if, in fact, I have some reason to believe that someone's
playing games with me, I expand the scope of my audit to increase the
size of the sample, up to and including in dealing with your housing
department today; I almost audit them 100 percent.
I found nothing, absolutely nothing to indicate to me that
anybody was playing games with me in dealing with the Blockers or
Steve Bracci. If I had of, I would have immediately, on the spot,
expanded the scope up to and included every item in the universe if
need be. Didn't find it. Had no need to do it.
I read in the newspaper, oh, well, you know, you did that with
HOME. Well, before I go there, I mean, I want to show you examples
of sampling techniques used right here in Collier County, not by the
clerk by the way, other auditing agencies.
For example, this is a letter from the auditing firm of Thomas
Howell Ferguson, PA. This is the State of Florida auditing the Clerk
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April 23, 2013
of the Circuit Court for purposes of determining proper expenditures
of funds relating to IV -D child support cases.
They looked at 18 months. They sampled two. They certainly
did not look at the entire universe.
I'll give you another one. Your external auditor audited and
examined the entire payroll for the fiscal year. For that entire payroll,
they pulled a sample size -- this is for the Board of County
Commissioners, the Clerk of the Circuit Court, and the Supervisor of
Elections. They pulled a sample size of 26 employees. Obviously, if
they had of found a problem with one, they would have expanded the
scope of the sample size. They didn't.
Okay. Then I have, ladies and gentlemen, an article written in
the Naples Daily News about how, oh, I do a complete audit of Mr.
Coyle's buddy John Barlow and his HOME program. Well, let me
show you why.
I receive, or discover, a letter in which the HOME program,
through John Barlow, when we had requested information from John
Barlow and the HOME program relating to program income -- ladies
and gentlemen, recently you received a letter dated July 18, 2011,
from Allison Kearns, internal auditor. And if you remember, ladies
and gentlemen, this is the same internal auditor who is so bad here that
he's out there trying to get her a job in the private sector.
This letter contains multiple statements or assertions that are
false. I mean, all she's asking for is records. I'm not sure what
assertions it was that were false. I'm going to disregard this letter and
suggest you do the same.
Well, I immediately take that as an attempt to circumvent my
ability to review the records. But it gets even better.
One of your own employees, ladies and gentlemen, to all: I have
been furnishing information to John Barlow, my spreadsheet and
eligible expense guidance to help him fight with the internal auditor,
okay.
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Apri123, 2013
Now, I can assure you my antenna goes up, and I immediately
begin trying to expand the scope of my audit.
Now, ladies and gentlemen, to this date, even in light of my
finance director trying to work with your staff to get them to provide
the records that we have asked for, they have not been forthcoming.
My patience is wearing thin, I can assure you.
CHAIRWOMAN HILLER: And this is with respect to the
HOME --
MR. BROCK: That is correct.
CHAIRWOMAN HILLER: -- audit? And this is with respect to
program income related to a housing project or housing projects
managed by this private nonprofit called HOME --
MR. BROCK: That is correct.
CHAIRWOMAN HILLER: -- where they used federal funds,
CDBG funds?
MR. BROCK: Taxpayer funds given to the county, but they
came from the federal program. And program income is part of that
program's money.
COMMISSIONER FIALA: Aren't we supposed to be talking
about the Blockers, though? How did we get onto somebody else?
COMMISSIONER COYLE: Let him talk. It gets worse as he
goes along.
MR. BROCK: Now, ladies and gentlemen, I assure you, I can
audit every transaction that takes place in this county, but in order for
me to do that, I am going to be back in here come October, and you're
going to be ponying up probably 4 to $5 million, because for me to
audit everything that takes place in this county -- one of the things that
you always see in my audits is I'm auditing internal controls. Why am
I auditing internal controls? Because that tells me the reliability of the
information that's being presented by your staff or lack thereof, which
directs me to increase the scope of my review.
I find it truly amazing -- and, you know, I'm so tired of dealing
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April 23, 2013
with this nonsense, this political chicanery that's taking place.
I have the person over there sitting on the end of the dais who
fought so hard to keep me from auditing, to the tune of spending
millions of the taxpayers' dollars, who's now complaining that I'm not
auditing enough? This is just absolutely mind boggling.
I want to tell you about a conversation that I had the other day. I
had a conversation with Dave Elliot, a radio personality here. Do you
know him?
In the course of the conversation, he was telling me and
recounting -- recanting to me a conversation that he had had with the
mayor, Bill Barnett, former mayor. And in the course of the
conversation he says that he asked Bill Barnett, he says, you know,
you look over at the County Commission. There appears to be a lot of
dissenting and, you know, things going on over there.
Mr. Barnett, you have been involved in city government for a
long time. Have you ever seen anything like this with the city
government?
And Dave says, you know -- his response was, yes, and he was
sort of taken back. He said, when was it? He said when Fred Coyle
was on the city council. That spoke volumes to me, ladies and
gentlemen.
I did what you asked me to do. I did it in a professional manner.
I want to address one other thing. You know, Naples Daily News
writes in their article, oh, Kenny Blocker gave a contribution to the
clerk. Well, ladies and gentlemen, Kenny Blocker gave a political
contribution to the Clerk of Courts in 1992 when the clerk originally
ran for the Clerk of Courts. I'm sure that Mr. Blocker anticipated in
1992 that this was going to come up. Yeah, I mean, this is -- this is
just absolute nonsense.
I have made a public- records request of Mr. Coyle. I sent a copy
of it to Jeff Klatzkow. I have not had a response. I have not had any
acknowledgment, both of which are required by the statute.
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April 23, 2013
I have never dealt with anything like this in my life. I want to
stay out of it. You know, I hear, I see, I read all of this stuff and how,
oh, public officials are not subject, essentially, to defamation.
I'm also aware of the Al Sharp /Tawana Brawley case where the
prosecutor in that particular situation which all of this trash was
spewed around sued and won.
I don't want to be involved in these defamation actions if they
happen. I don't want to be involved in any of this.
You know, you, in fact, can direct me to do things, statutorily,
but I'd ask you, please -- you know, you -all are dysfunctional. And
I'm -- you know, I don't attribute that to everybody, but I want to be
out of it. I don't need this. I need to do my job and move on.
Thank you, ma'am.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Commissioner Coyle, is there --
I mean, I don't understand why this action is on the agenda.
Is there anything that you have to give evidence that payments
were received by the Blockers that wasn't in accordance to the
direction of the Board of Commissioners or the auditing practices of
the clerk?
COMMISSIONER COYLE: Any concerns I have can only be
verified by reviewing the payment records. And I am not here making
any allegations. The clerk has done a very good job of getting
completely off the subject and trying to cloud it with a lot of personal
attacks, but the point here still is that there is no evidence whatsoever
in the documents that I have received from the clerk which indicates
that the clerk looked at a single check to verify the payment. Some of
this stuff the clerk said is just absolutely patently false. And I'll go
through that if you wish to do it.
COMMISSIONER HENNING: No.
MR. BROCK: No. I would love -- if you're going to make that
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April 23, 2013
allegation, I want to hear what it is that's patently false,
Commissioner.
COMMISSIONER COYLE: Okay. Let's go back to the point
where you said that the Blockers were reluctant to answer your
questions because they didn't trust the County Commission and that at
that time they were involved in a discussion of a settlement when, in
fact, your meeting with the Blockers was on February the 23rd from
9:30 in the morning -- and it didn't go to late afternoon. You had an
appointment with the human resources representative at 2:30 in the
afternoon. So you had to get back to the office.
So the other thing is that -- so there's -- that allegation is just
fundamentally false. That had nothing to do with your audit, but you
wanted to contribute that, and it is not true.
MR. BROCK: Now, wait. I want to respond to -- Madam
Chairman, may I respond to his allegation?
CHAIRWOMAN HILLER: I just need to step to the ladies
room.
COMMISSIONER HENNING: That's all right. I -- as co -chair
CHAIRWOMAN HILLER: Can you take over? Thank you.
Thanks, sorry. Switching the gavel for two seconds.
COMMISSIONER HENNING: Let's resolve these one at a time
so we can move on.
MR. BROCK: Mr. Coyle, I never said they were reluctant to
give me anything. They gave me any and everything that I asked for,
okay, without exception.
The reason that the provision in the settlement agreement was --
the clerk was to do it because they didn't want to give them to the
county because they were concerned that you would do exactly what
you've done.
COMMISSIONER COYLE: Which is what?
MR. BROCK: Which is make this stink in the newspaper.
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April 23, 2013
COMMISSIONER COYLE: Okay. Wait a minute. Okay. Now,
let's stop right there. These are your handwritten notes about what
you did.
MR. BROCK: That's correct.
COMMISSIONER COYLE: Bills were very general, but when I
discussed them, they seem to be reasonable. I was advised that they
thought it had been resolved, and County Commissioner Coletta
intervened, and then came litigation. I don't know what that's there
for.
MR. BROCK: Well, let me explain to you what that's there for.
That is there for -- they told me that they thought they had a resolution
to this entire process worked out with the County Attorney's Office
and that Commissioner Coletta had intervened. I was not party to that
transaction. I'm simply espousing what they said.
COMMISSIONER COYLE: Okay. And when I randomly asked
to see any backup for a bill, they, without hesitation, complied.
MR. BROCK: And that's false?
COMMISSIONER COYLE: No.
MR. BROCK: Oh, okay. I thought we were going through
things that were false.
COMMISSIONER COYLE: No. We're going through things
that you said you did here.
MR. BROCK: Okay.
COMMISSIONER COYLE: Okay. I can't find a single
statement here which says you looked at a check register. You said
you looked at check registers and you verified on a sampling basis. I
can't find it. If you can point it out to me, it will help me understand
this a little bit better, okay, because you were --
COMMISSIONER HENNING: I think he just said that,
Commissioner Coyle.
COMMISSIONER COYLE: You were pretty thorough in your
summary of what you looked at.
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April 23, 2013
And beyond that, why can't we have copies of those check
registers to prove that the payment was actually made?
MR. BROCK: Commissioner, I don't know the answer to that. I
did not enter into the settlement agreement. That was done by your
counsel.
COMMISSIONER COYLE: Okay. You understand that the
settlement agreement -- you read the settlement agreement, didn't
you?
MR. BROCK: Absolutely, I did.
COMMISSIONER COYLE: Within 10 business days of
approval of this agreement by all parties, the Blockers will submit to
the clerk of courts invoices and proof of payment in support of the
claimed expenditures.
MR. BROCK: To which they did.
COMMISSIONER COYLE:
MR. BROCK: Absolutely.
COMMISSIONER COYLE:
MR. BROCK: Absolutely.
COMMISSIONER COYLE:
don't have them.
You got proof of payment?
And they submitted that to you?
Okay. I asked for them, and you
MR. BROCK: I did not take possession of them, Commissioner.
I don't take possession of a lot of things. But in this particular case,
with -- this was confidential information. They are providing them to
me, and I am reviewing them. Why are you smiling?
COMMISSIONER COYLE: A check is confidential information
MR. BROCK: You betcha when it relates to a --
COMMISSIONER COYLE: -- when we are reimbursing it?
MR. BROCK: Listen, if you want to ask the Blockers to give
you the checks, ask them. I did what you asked me to do.
COMMISSIONER COYLE: Well, I don't agree, but
nevertheless --
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April 23, 2013
MR. BROCK: Well, you know --
COMMISSIONER COYLE: -- if you think that you have done a
thorough job of reviewing the invoices and the proof of payments for
the payment in the Blocker settlement and you cannot provide any
proof other than your own statements and that's sufficient for you and
the majority of the board, that's fine with me.
MR. BROCK: Commissioner, I told you exactly what I did.
COMMISSIONER COYLE: Okay.
MR. BROCK: I reviewed, on a sample basis, those invoices that
I wanted to see. That is a perfectly used auditing technique used every
day.
If you want me, again, to audit every particular transaction in this
county, which is an absurd concept, get ready to open your
checkbook. No, you just want to do it now.
COMMISSIONER COYLE: No, I want it done properly.
MR. BROCK: Yeah.
COMMISSIONER COYLE: But you keep talking about
invoices. I'm not talking about invoices. I'm talking about payments.
MR. BROCK: I compared invoices to the checks as I sampled
them, and I saw no discrepancy.
COMMISSIONER COYLE: Then I find it strange that in your
write -up of what you did you not once mentioned a check or a proof
of payment or a check register or anything. It's as if that thought had
never crossed your mind.
MR. BROCK: Commissioner, let me read to you the letter I sent
to you, again. The process of reviewing these fees and costs involved
devising a plan and performing a review of all bills as well as a
random sampling of support documentation for attorneys' fees and
costs associated with the sampling process.
What are you missing? Checks are not -- are supporting
documentation for the invoices?
COMMISSIONER COYLE: Yes. But you can also interpret it
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April 23, 2013
that it's also supporting information from the attorney about how many
hours they spent on the job.
So you're very vague in what you have done. But, once again, I'll
say to you, I've asked for the County Commission and you to require
that the Blockers present proof of payment of those invoices. That's
what the settlement agreement said. That's what you were asked to
audit. And I don't think it has been done. But if you believe you've
done a good job with this and the majority of this board agrees with
you, then let's get on with it.
MR. BROCK: Commissioner, I sent you a public- records
request and asked you to provide me any evidence that they had done
anything other than provided me with correct and accurate
information. You didn't even respond.
You then sent -- apparently conversed with Naples Daily News
and say you have none. If you have any, I want to see it, because that
would constitute a potential theft. And I'll be more than happy to go
back to the court. If you don't, we need to move on.
COMMISSIONER COYLE: Well, I think we ought to go back
and get the documents, but that's my position. I think when we're
paying out half a million dollars to somebody for a court settlement,
that we -- a legal settlement, that we should have supporting
documentation for that.
MR. BROCK: And I had supporting documentation.
COMMISSIONER COYLE: Okay.
MR. BROCK: If the board had wanted you to have seen the
supporting documentation, they could have directed in the settlement
agreement that you go do it. They didn't. I didn't -- I wasn't part of
asking that this be done the way it was done. Somebody else did this
and invited me to the show. I didn't sign up for it. I didn't want it. But
you asked me to do it, and I did it.
Now you want to criticize the way that I did it.
COMMISSIONER COYLE: I will say again, I did not make any
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April 23, 2013
accusations or criticisms at all in the beginning. I find your
explanation to be strangely vague and irrelevant in most cases. But,
since there is no proof that you even looked at a check at any point in
time, I still have my suspicions. Those suspicions would go away if
we had proof of your having viewed and even just sampled checks.
There is no supporting information in your review here that tells
me that was done. And so you can say everything you want to say up
here, and you can spend an hour pontificating about things that have
nothing to do with this just to get off the track, but the point is, I've
raised the issue because I am uneasy with the thoroughness of this
audit. I have no proof that it has been done. You can present no proof
that it has been done.
So I would ask that we get the checks to prove that those were
out -of- pocket expenses for the Blockers.
MR. BROCK: My suggestion to you, Commissioner, is you talk
to your counsel about attempting to do that. I certainly don't have any
problem because, I assure you, let there be no mistake, if someone has
presented false information to me, I'll be the first to hold them
accountable.
My opinion is, you know, this doesn't have anything to do with
anything other than political grandstanding, and you're real good at it.
COMMISSIONER COYLE: I have no political gain from this
whatsoever. I'm not running for re- election. I am a lame duck here.
So there is --
MR. BROCK: If there's anybody in this community that believes
that, Commissioner Coyle, I want to sell them some property at the
5 -mile marker south of the Alley. I'll give them a quitclaim deed to it.
COMMISSIONER HENNING: Madam Chair, can I finish my
time that I was asking Commissioner Coyle for information?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: Commissioner Coyle, has
somebody indicated to you that payments were made that wasn't a part
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of the litigation?
COMMISSIONER COYLE:
were not made in some cases.
April 23, 2013
I have no evidence that payments
COMMISSIONER HENNING: Okay. So, you know, we gave
direction for the clerk, independent of the Board of Commissioners, to
review the bills submitted. He's done that, and he's provided a report.
You know, you stated on the Jeff Lytle Show that you're here to
expose -- in your opinion, expose the wrongdoing on county
government by the majority.
You're in the minority now, okay.
COMMISSIONER COYLE: Yep.
COMMISSIONER HENNING: You don't like it. And you have
stated that on the record. It is what it is.
I can tell you that I'm here to do the public's business, and this is
nothing -- I agree, it's nothing but political grandstanding by members
of the Naples Daily News and yourself, sir.
We have done our job. You were in the minority on this issue;
however, you want to keep on bringing this up, and that is not worthy
of the public's business.
Your recommendation is different than in the settlement. I don't
even know how we can vote on your recommendations contrary to
what we already agreed on. The check has been cashed -- I've
checked with the clerk -- however, you still want to bring this up.
You know, it is political season. You don't like what's going on.
So these items are going to keep on coming up, I realize that. But let's
have both sides of the debate and show this for what it is. It is the
political season, and this issues -- these issues will keep on coming up
until the changeover of the board.
COMMISSIONER COYLE: Madam Chair, may I?
CHAIRWOMAN HILLER: No. It's Commissioner Nance's
turn.
COMMISSIONER FIALA: Okay.
April 23, 2013
COMMISSIONER NANCE: Mr. Brock, are you satisfied that
the evidence presented to you by the Blockers at your request justifies
the settlement and validates that the settlement supports bills that they,
indeed, had to pay and costs that they incurred, which was the purpose
of the settlement?
MR. BROCK: I have no opinion on whether it justifies the
settlement. What I have an opinion on is, pure and simple, I reviewed
the bills. I reviewed and tested, through sampling procedures, the
backup documentation including checks -- canceled checks and check
registers.
I reviewed the administrative actions. I reviewed court actions. I
actually went in and checked the Blockers' other court records to see if
any of the billing attorneys showed up as attorneys of record in those
actions to try to ensure that they weren't slipping something in on me.
As I said in my report -- and I will read it to you again. I am of
the opinion that there were 532,831.07 in costs and attorneys fees that
satisfied the requirements of the settlement agreement as being
reasonable and related. That is the only opinion that I have.
COMMISSIONER NANCE: Thank you. That's all I wanted to
know.
MR. BROCK: Now --
CHAIRWOMAN HILLER: Commissioner Coyle --
COMMISSIONER NANCE: I believe -- one moment.
CHAIRWOMAN HILLER: I apologize.
COMMISSIONER NANCE: I believe that in the past eight or 10
years the Board of County Commissioners has expensed millions of
dollars trying to fight the clerk of courts from doing audits. It's well
chronicled. Everybody understands it.
We then turned around, and we spent hundreds of thousands of
dollars trying to harass the Blocker family and cause them to spend
hundreds of thousands of dollars to defend themselves by the actions
of the county.
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April 23, 2013
For us to suggest that we should spend another nickel either on
this issue with the Blockers or to dispute the actions of the clerk, who's
been validated by the courts and been validated by a re- election in an
overwhelming opinion of the voters of Collier County, is absolutely
absurd.
I do not want to continue this any further, and I suggest we move
on to the rest of this agenda.
MR. BROCK: Commissioner, you know I have heard statements
made by this board over and over and over again that the board and its
staff can't work with the clerk. What you are seeing coming from the
end of that dais down there is exactly the reason why my staff can't
work with this board and your staff. When it comes from the top, it
filters down to the bottom.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: Do we have public speakers on this
matter?
MR. MILLER: We have one.
COMMISSIONER COYLE: The -- I really can't imagine how
anybody can think that I am upset that I'm no longer chair. That was
one of the happiest days of my life, was to turn the chair over to
Commissioner Hiller. So this has nothing to do with me.
It has everything to do with the settlement agreement which
everybody else wants to ignore. The settlement agreement says, within
10 business days of approval of this agreement by all parties, the
Blockers will submit to the Clerk of Courts invoices and proof of
payment in support of this claimed expenditure. The clerk will review
these invoices and proof of payment and shall pay their actual
out -of- pocket costs and legal fees.
I have only raised an issue that there is not one bit of evidence
that proof of payment was reviewed anywhere in the documents the
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April 23, 2013
clerk has provided here.
MR. BROCK: That is an absolute unadulterated fiction.
COMMISSIONER COYLE: Tell me where.
MR. BROCK: I have told you -- I've read it in my report -- they
provided me with everything that is provided for in that settlement
agreement. I received the invoices. They had the checks. They were
there to provide them to me if I asked for them. They were right there
on the table. The check registers were there. I went through them and
reviewed them as I requested.
I got absolutely no objection from anyone. They gave them to me
every time I asked for them. You keep making that statement,
Commissioner Coyle, but it's just not true.
COMMISSIONER COYLE: There's your report. Tell me where
it's contained.
MR. BROCK: I sent you the letter out of the report,
Commissioner Coyle.
COMMISSIONER COYLE: The letter of March 11th; is that
what you're talking about?
MR. BROCK: The original letter was March the 6th, and then it
COMMISSIONER COYLE: Sixth?
MR. BROCK: -- March the 15th where I corrected the
scrivener's error.
COMMISSIONER COYLE: Okay.
MR. BROCK: Right.
COMMISSIONER COYLE: Now --
MR. BROCK: You know, you're -- you know, you're playing
games.
COMMISSIONER COYLE: No, I'm not.
MR. BROCK: Yeah, you are. You're playing games. You don't
want to accept reality. You want to keep stirring this mess up.
COMMISSIONER COYLE: Mr. Brock, you took notes on what
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April 23, 2013
you did, and those notes tell us what you did. You were very
thorough in writing down exactly what you did and how friendly
everybody was, but you didn't say a word about looking at a check or
a check register, not once, nor did you annotate.
MR. BROCK: Commissioner Coyle, I did.
COMMISSIONER COYLE: Okay.
MR. BROCK: Does that not satisfy you?
COMMISSIONER COYLE: Well, it doesn't, but if you say it
did, I have no proof to refute you, okay. So you can say everything.
MR. BROCK: You know, Commissioner Coyle, if you wanted
to do this, you should have gotten your county attorney to put in the
settlement agreement that you would go over and look at this stuff;
then you could have done what you did. You didn't do that. That's
not what happened.
I didn't ask for it; you should have, if they wanted to do it. No,
you didn't want to do that. You didn't want to send me anything telling
me you had a problem until after the county attorney had sent the
request for the check, and then you wanted to go to the Naples Daily
News. And talking to Brent Batten's like talking to you. I mean, it's
one in the same. You speak with the same tone.
COMMISSIONER COYLE: Thank you.
COMMISSIONER HENNING: Could we get to public
speakers?
CHAIRWOMAN HILLER: Yes.
MR. MILLER: Your public speaker is Marvin Courtright.
MR. COURTRIGHT: For the record, Marvin Courtright. I came
to this meeting today prepared to distribute a one -page document
addressing the subject. All I want to do now is present to the recorder
a copy of what I intended to provide today and give to Mr. Klatzkow
or whoever personally identified envelopes for each of the County
Commissioners. It's just my opinion of what's taken place here today,
and I salute that man.
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April 23, 2013
COMMISSIONER HENNING: Madam Chair, is there a
motion?
CHAIRWOMAN HILLER: I'd like to make a comment before
we get to a motion, but first I'd like to look at this. I'm going to read
this for the record, because the public ought to know what Mr.
Courtright has addressed to the Board of County Commissioners.
This is to the Board of County Commissioners from Marvin
Courtright dated April 23, 2013. Subject, Commissioner Coyle's
agenda item, 10E, as stated by Mr. Courtright in this document: This
is obviously an explanation for Mr. Coyle's irate, antagonistic
sarcasms regarding the activities of Ms. Hiller, Mr. Nance, and Mr.
Henning.
I believe that Mr. Coyle has a guilty conscience. He and
previous Commissioners Coletta, Halas, and sitting Commissioner
Fiala were instrumental in preventing Mr. Dwight Brock from
performing his duties as mandated by the State of Florida. I base
this opinion on documented facts relative to the Immokalee airport
regarding lack of oversight in grant funding and accountability.
The existing situation, multiple audits by the Clerk of Courts,
would not be necessary had the Clerk of Courts been afforded the
privilege of performing his duties.
It's time for Mr. Coyle to accept responsibility for previous
monetary oversights that involve the General Fund and grants, so
states Mr. Marvin Courtright, which the court reporter now has as a
matter of public record.
Before we make a decision as to whether a vote of this board is
needed, I had indicated that I wanted to introduce the mediated
settlement agreement and mutual release into the record. I also want
to introduce the mediation agreement. And I just want to step up to the
podium very quickly and put these on the overhead.
To further support what the clerk has stated, this mediation
agreement was made the 8th day of February 2013. The agreement
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April 23, 2013
was -- includes the following: Whereas, pursuant to the agreement of
the parties and all applicable court orders and procedures, mediation
was conducted in the above - styled matter before Civil Mediator
Leonard Reina, Esquire, on Friday, February the 8th, 2013; and,
Whereas, the parties have agreed to the terms and conditions as
set forth in Exhibit A.
Now, therefore, it is mutually agreed that the county attorney will
bring forth and recommend to the board the agreement attached as
Exhibit A no later than the second board meeting of March.
So signed by Jerry Blocker; Kimberlea Blocker; Jeffrey
Klatzkow, county attorney; and Leonard Reina, Esquire, civil
mediator.
Further, the mediated settlement and mutual release was executed
between the Board of County Commissioners of Collier County and
Jerry Blocker and Kimberlea Blocker on the 26th of February 2013.
And it should be noted that, again, in that settlement agreement it
provides that, whereas, following a court- ordered mediation held by
the parties on February 8, 2013, the parties to this agreement wish to
fully settle and resolve all existing and potential future disputes
pertaining to the claims, counterclaims, and allegations made in the
lawsuits or with respect to the Blockers' current or potential future use
of the property.
The paragraph that was cited by Commissioner Coyle on
multiple occasions during this discussion is Paragraph 7. And, again,
as I stated, the final sentence of that paragraph provides "the decision
of the clerk shall be final."
COMMISSIONER COYLE:
before that, please?
CHAIRWOMAN HILLER:
Would you read the two sentences
I'll actually read the entire
paragraph.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: Payment: The county and -- oh, let
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April 23, 2013
me leave this on the overhead so people can see. The county and the
Blockers have agreed to a liquidated settlement amount equal to the
Blockers' actual out -of- pocket costs incurred in connection with the
lawsuits and the development cases.
The Blockers are in the process of confirming their invoices
which shall, in no event, exceed 540,000 in costs and legal fees in
connection with the prosecution and defense, including appeal of these
lawsuits and the code enforcement cases.
Within 10 business days of approval of this agreement by all
parties, the Blockers will submit to the Clerk of Courts invoices and
proof of payment in support of this claimed expenditure.
The clerk will review these invoices and proof of payment and
shall pay their actual out -of- pocket costs and legal fees directly
incurred in the lawsuits and the Code Enforcement Board cases.
The decision of the clerk shall be final.
And by the way, the liens the county levied against the Blockers
alleging that they were illegally engaging in using that property as a
mobile home park and that it was an illegal nonconforming use was
over a million dollars. If my memory serves me correctly, it was
about one - and -a- quarter million dollars in fines that were assessed
against these private property owners, not because of the condition of
their property, but because the county said they were not
grandfathered when they were and that, as a consequence, it was an
illegal nonconforming use, which it wasn't.
Importantly, I want you to note on Page 5 of 7, the parties further
acknowledge that this agreement is subject to the continuing
jurisdiction of the Court.
When this settlement was finally signed by the Board of County
Commissioners and the county attorney, it was accepted as final by
the courts. This case is closed. It was a case of private property rights
and government overreach, and a wrong has been righted.
The Naples Daily News needs to put that on the public record
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April 23, 2013
and needs to stop making false allegations without proof that there
was any impropriety on the action of any member of the Board of
County Commissioners, myself included, with respect to the vote of
this settlement agreement.
I request the Naples Daily News issue a full retraction and
correction of their unfounded allegations with respect to the actions of
myself and the Board of County Commissioners.
The newspaper has no right to erode the confidence the public
has in the decision making of the board of this county.
Thank you.
(Applause.)
MR. BROCK: Madam Chairman, when you get back to the dais,
I'd like to ask a question.
CHAIRWOMAN HILLER: Sure.
MR. BROCK: Now, I want to respond to a statement that
Commissioner Coyle keeps continuously making, okay, to the effect
that I didn't review anything but the invoices and says, oh, I never said
anywhere in my notes that I reviewed anything but the invoices. I
want to read to you.
COMMISSIONER HENNING: From your notes or --
MR. BROCK: While I cannot review and be sure of each and
every bill, my review of the files and billing satisfies me that there's
sufficient random detail, fines, fees, and costs, attached reasonable
lines with the standard fees of the community.
While I did not review each and every bill or pay request, I
would selectively choose which ones I wanted to see. When I
randomly asked to see any backup, okay, that being the checks, check
stubs, all of that pertinent information -- so I did actually mention that
in my notes -- for a bill, they, without hesitation, complied and openly
discussed the bill and its purpose.
Just so somebody doesn't write in the newspaper that I did not
mention that I looked at the backup, my notes, contrary to his
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April 23, 2013
representation, does reflect that I looked at the backup.
CHAIRWOMAN HILLER: Thank you. Will those notes be
made a part of this record?
MR. BROCK: I can make them a part of the record.
CHAIRWOMAN HILLER: I would appreciate that. Please do
SO.
MR. BROCK: I think I have sent them now to Commissioner
Coyle and to Brent Batten, but I'll be more than happy to forward it to
each and every one of the commissioners.
CHAIRWOMAN HILLER: I would appreciate that, and make it
part of the public record so any member of the public can see those
notes if they choose to.
MR. BROCK: Absolutely.
CHAIRWOMAN HILLER: I would like to address
Commissioner Henning's question as to what action this board needs
to take on this matter. There is no action. This agenda item was cited
as a discussion. The discussion has been had. This settlement has
been approved by the Court. The clerk's decision as to the validity of
the expenses that were reimbursed has been stated and is final. And as
such, I do not believe that there is anything further that the board
needs to do with respect to this matter.
Unless you feel otherwise, Commissioner Henning, I think this
closes this matter.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Thank you. I would like to, before
we move on to the next item, address something that you raised in
your presentation that is very concerning to me.
Clerk, could you come back to the stand, to the dais, or to the
podium. Thank you.
You indicated that you have made a request for records that were
missing. In the course of conducting your audit of the nonprofit
known as HOME, your audit report indicated there were substantial
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April 23, 2013
expenditures which were uncorroborated by underlying
documentation and that you have requested that staff produce that
evidence, that documentary evidence.
This has been ongoing for months and months. That
documentation needs to be produced immediately.
MR. BROCK: Can I defer to Crystal Kinzel, who's been
handling that?
CHAIRWOMAN HILLER: Sure.
MR. BROCK: I think she has been working with county staff to
try to acquire those records.
MR. KINZEL: That's correct, Commissioner. For the record,
Crystal Kinzel.
Mr. Isackson and I have been working on that, and I know that
he's in contact with Mr. Barlow and continues to work on getting the
remainder of those documents.
CHAIRWOMAN HILLER: That's not an option. This has been
going on for months and months and months. We need a time - certain.
Those documents need to be produced immediately. And I think the
board needs to take action, and I would suggest that we make a motion
right now to set a date certain for the production of those records to
the clerk.
I mean, we are dealing with federal funds. We are dealing with
program income. We are dealing with a lack of documentary
evidence to show what happened with respect to that program income.
We have a fiduciary duty to the federal government. And in the
absence of being able to produce those documents, that fiduciary is
being breached, and that's unacceptable.
MR. BROCK: And, you know, I saw Mr. Coyle, you know, get
a smile on his face. You don't have to give me the documents. Just let
me review them.
CHAIRWOMAN HILLER: No, that's fine.
MR. BROCK: That's all I ask.
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April 23, 2013
CHAIRWOMAN HILLER: And we're asking for a production
of the documents.
MR. BROCK: That is correct.
CHAIRWOMAN HILLER: So I would like to make a motion
that HOME provide the county manager those documents by this
Friday and that, in turn, the county manager submit those documents
to the clerk for his review by this Friday end of business.
May I have a second?
COMMISSIONER HENNING: May I have a -- provide a
friendly amendment?
CHAIRWOMAN HILLER: Yeah, absolutely.
COMMISSIONER HENNING: The request -- direct the county
manager to request the documents from the then officers of HOME, to
provide those documents so that the clerk may audit. If not provided,
the county manager shall report to the board at the next meeting.
CHAIRWOMAN HILLER: Is that acceptable, County
Manager?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Is that acceptable, Clerk?
MR. BROCK: Fine with me. All I want to do is, I want the
opportunity to review the program income.
CHAIRWOMAN HILLER: Is that acceptable, County
Attorney?
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: I just have a question.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER FIALA: I don't know where the guy is, but if
he's on vacation or on a cruise or something and you can't get ahold of
him, is there some kind of a stipulation that if he cannot be reached for
two weeks -- or I just don't know. He could be in his office, he could
be at home. I don't know that. But I just thought, you know, I would
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April 23, 2013
hate to crucify somebody because he doesn't even know he has to
come across with those things.
CHAIRWOMAN HILLER: How many months has it been since
these documents haven't been produced?
MR. BROCK: Wait. I have requested those documents from
him long ago.
COMMISSIONER HENNING: Over a year.
MR. BROCK: Yeah. And I get this email that "I'm going to
ignore him. I suggest you do the same." So it's not as if he doesn't
know I want them.
CHAIRWOMAN HILLER: Would you introduce that email on
the record again, on the overhead, and then can you make a copy of it
and introduce it into the court record. The court reporter's record; I'll
clarify that.
MR. BROCK: I mean, there's the letter. It says, recently I
received a letter dated -- Allison Kearns, internal auditor of the Clerk
of Courts' letter -- misstatements, assertions that are false, I'm going to
disregard the letter and suggest you do the same. I guess the
assertions that she was making was that she wanted the records.
COMMISSIONER HENNING: Okay. It's almost two years ago.
CHAIRWOMAN HILLER: All right. So, no, the documents --
and I'd like to also, with that motion, state the request for these
documents needs to be made to all officers of HOME, not just the one
gentleman whose name was cited on that email, but to all officers of
HOME, and the production is requested of all of them.
MR. BROCK: And, you know, when we started asking for the
documents, okay, we would get a few documents. Then we'd get a
few more. And as we would get the documents, we would discover
there were additional bank accounts, that we would then begin going
after those.
So we're sitting here without the complete documents to look --
even so much as look at.
MOM
April 23, 2013
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: I accept the -- as the second
maker, motion maker, I accept the amended motion.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I do want to, one more time, make
a statement concerning the clerk and what he has said. He has
attempted to represent a statement that he has in his notes that proves
that he looked at checks and a check register. I just don't see it.
I've randomly asked to see any backup for a bill. That doesn't tell
me that's a check register or check, so -- but he can represent it any
way he wants to, and I think we just go ahead and proceed.
CHAIRWOMAN HILLER: Thank you.
There being no further discussion, there's a motion on the table
and a second. All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed? I need a response on
the record. Any opposed?
COMMISSIONER FIALA: I was an aye, but I had just taken a
swallow.
CHAIRWOMAN HILLER: So any opposed?
COMMISSIONER COYLE: Yeah. I don't have any problem
with requests for information.
CHAIRWOMAN HILLER: Okay. So motion carries 5 -0.
MR. OCHS: Madam Chair, you have a luncheon appointment
with the Know Your County Government people. You also have a
time - certain item with the clerk. I guess your options are, you can -- if
you would like, Commissioners, since this is your item, continue it to
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April 23, 2013
the next meeting or ask the clerk to come after the luncheon.
Item #I OH
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DEVELOP A PROTOCOL FOR THE
PRESENTATION OF THE CLERK'S AUDITS TO THE BOARD,
WHICH IS BOTH ACCEPTABLE TO THE CLERK OF COURTS
AND THE COUNTY MANAGER. TO DATE, THE CLERK HAS
PRESENTED HIS AUDITS TO THE BOARD OF
COMMISSIONERS WITHOUT THE BOARD HAVING THE
ABILITY TO REVIEW THE AUDIT FINDINGS OR STAFF
RESPONSES AHEAD OF THE CLERK'S PUBLIC
PRESENTATION. THE BOARD IS LEFT UNABLE TO BE
RESPONSIVE DURING THESE PRESENTATIONS. FURTHER,
STAFF IS NOT BEING INVITED TO PRESENT RESPONSES
CONCURRENTLY, LEAVING THE BOARD UNABLE TO
DETERMINE IF CONCERNS RAISED HAVE BEEN RESOLVED.
TO AVOID THE ABOVE, IT IS ESSENTIAL A PROTOCOL BE
ESTABLISHED. SUCH A PROTOCOL WILL BENEFIT THE
BOARD, CLERK AND STAFF WHILE ENSURING THE PUBLIC
IS FULLY INFORMED AS TO BOTH AUDIT FINDINGS AND
IMPLEMENTED SOLUTIONS. THAT THE BOARD DIRECTS
THE CHAIR TO WORK WITH THE CLERK AND COUNTY
MANAGER TO DEVELOP SUCH A PROTOCOL AND BRING
THE PROTOCOL BACK TO THE BOARD FOR FINAL
APPROVAL — MOTION FOR COMMISSIONER HILLER TO
WORK WITH COUNTY AND CLERK'S STAFF TO DEVELOP
THE PROTOCOL AND PROCEDURES — APPROVED
MR. BROCK: Commissioner, I think we can deal with your
item just like that.
April 23, 2013
CHAIRWOMAN HILLER: All right.
MR. BROCK: I don't have a problem at all with you getting
together with my staff. I want to accommodate your needs. I'm not
presenting these audit reports to you for my purposes. I'm presenting
them to you for yours. So you tell me how you want them, and we'll
do it. So just get together with my --
CHAIRWOMAN HILLER: Great.
MR. BROCK: -- finance director and work out the process to do
it. I don't care.
CHAIRWOMAN HILLER: Thank you. Then what I would like
to do is make a motion to direct myself to work with the clerk and the
county attorney and the county manager to develop a protocol for how
these audits will be presented in full consideration of all public- record
laws and the opportunity for the public to be fully informed with
respect to these audits.
COMMISSIONER HENNING: I'd make a motion to -- I'm
going to second the motion, but it's Item IOH that we're approving; is
that correct?
CHAIRWOMAN HILLER: Right, pardon me, and the county
manager didn't read the item for the record. So, yes, it is Item IOH --
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: -- that this motion is referring to.
Is there any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
Page 83
April 23, 2013
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, you have your appointment at noon.
CHAIRWOMAN HILLER: Yes. I really apologize to the few
public speakers that are here. We have time- certains so unfortunately,
that does interrupt the flow of the meetings.
We hate to do this to you, but we do have to break right now
because we have another meeting that we have to attend with our
students interested in county government. And so we will reconvene
at 12:05 -- I'm sorry -- at 1:05 and continue with the public speakers
where we left off.
Is that acceptable, County Manager?
MR. OCHS: Yes, ma'am. And then you have advertised public
hearings right after that.
CHAIRWOMAN HILLER: Yes, yes. Is that acceptable, County
Attorney?
COMMISSIONER FIALA: So just let me make sure that
everybody knows in the audience; when you say, and we have public
advertised meetings (sic) at 1 o'clock, that means all the speakers have
to wait until after 9A?
MR. OCHS: No, it's the prerogative of the chair.
COMMISSIONER FIALA: Oh, okay.
CHAIRWOMAN HILLER: No. It's just that those items that --
COMMISSIONER NANCE: How many remain?
CHAIRWOMAN HILLER: -- are to be heard from 1 o'clock
forward can be heard anytime, but they have to be heard after one as
opposed to in the morning.
COMMISSIONER FIALA: Okay. So your lineup would be,
then, to hear the rest of the public information speakers --
CHAIRWOMAN HILLER: Yes.
COMMISSIONER FIALA: And then the guys from the boat
something --
im
April 23, 2013
CHAIRWOMAN HILLER: Yes.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: We have a time - certain at 2 o'clock,
I believe.
MR. OCHS: Yes, you do, Madam Chair.
MS. MINARD: I have a 2 o'clock appointment.
MR. MINARD: And we spend 10 minutes talking about
chocolate. Now you're going to kick everybody out of here?
UNIDENTIFIED SPEAKER: Yeah. We've been here since 9
o'clock. We were told it was going to be about 10 o'clock on the
agenda.
MR. MINARD: This is not right.
MR. KLATZKOW: It's your meeting.
UNIDENTIFIED SPEAKER: I was told by your assistant that
our presentation would be approximately 10 o'clock.
CHAIRWOMAN HILLER: The problem we have is we have
students waiting right now for us, so we have to reconvene. And like I
said, I apologize, but it is what it is.
MR. MINARD: But we've been getting put off four months.
Now you're going to put us off for longer? That's unbelievable.
UNIDENTIFIED SPEAKER: Would we be coming up shortly
after the break?
CHAIRWOMAN HILLER: You're going to be immediately
after the break, immediately after the break. But there's -- you know,
we can't predict how long it will take for any presentation on any item.
MR. MINARD: You could have skipped the chocolate. We
should have skipped the chocolate. That would have been my 10
minutes, and then I -- this is unbelievable. Wow.
MR. OCHS: Ready to break, ma'am?
MR. MINARD: Wow. Wow. Four months I've been waiting to
get answers, and you guys are unbelievable.
(A luncheon recess was had.)
Page 85
April 23, 2013
MR. OCHS: Madam Chair, you have a live mic.
Item #7 — Continued from earlier in the meeting
PUBLIC COMMENTS ON GENERAL TOPICS
CHAIRWOMAN HILLER: Thank you. This meeting is back in
order. We're going to continue with public comment where we left
off. Could you please call the first public speaker?
MR. MILLER: Sure. Your first speakers are Charles and Elsie
Minard.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: They'll be followed by John Rogers.
CHAIRWOMAN HILLER: Thank you.
MR. MINARD: I want to start by saying I think that was kind of
unacceptable. You have nothing, just leaving us sitting out here. Four
months I've been asking accountability from you, you, you. Where's
Tim Nance, the one that's our district?
Why is somebody not standing up for my family? I want to know
right now. I'm tired of this. This is four months because of his
negligence, Leo, you and your people. I think you should hand in a
resignation, you and Walter Kopka both. You guys are pretty good at
running. I'd like that accountability, and you guys take off running.
I want accountability for the death of my son. The fact that you
guys have sat up there for the last four months and haven't even
addressed me is unacceptable. It's like a slap in the face to myself and
my family and to this county. It's time.
MS. MINARD: There is no lawsuit.
MR. MINARD: Right now there is no lawsuit. You can give up
on your pending. Not now. I mean, you're forcing my hand on it, all
of you. Is that what Collier County wants? Is that what you guys
want, a lawsuit? Say it now if that's what you want.
April 23, 2013
MS. MINARD: All we want is answers.
MR. MINARD: All I want is change and accountability for the
death of my son. There was no excuse for two EMTs to be vacuuming
and cleaning when their ring tones and signals were going off in the
medic station over there. No excuse whatsoever.
My son died because of negligence on this man's part, because
you are ultimately accountable. Do you remember saying that on
television? Ultimately accountable.
So stand up and be accountable right now, right in front of
everybody in this room and that television. Be accountable, Leo. I
want to see accountability. I think your resignation and Walter
Kopka's resignation would be accountability.
COMMISSIONER HENNING: Madam Chair? Madam Chair?
Madam Chair, I request that the chairman have decorum in this
meeting.
CHAIRWOMAN HILLER: Sergeant in arms, please.
MR. MINARD: What? You want me to leave? Is that -- same
thing, again. Really?
CHAIRWOMAN HILLER: You're welcome to speak, just --
MR. MINARD: Well, this is not -- I mean, this is not fair.
We've been here for four months. You know, when I came in this
room, Commissioner Hiller, you addressed me, and you told me that
you understood, you know, because you'd just lost your father.
CHAIRWOMAN HILLER: No. I lost my husband.
MR. MINARD: Your husband, okay; I'm sorry. Did EMS not
show up for six minutes for you? Is that how you lost your -- well, 13
minutes total. But did they not show up for you? Is that how -- I
mean, then how can you understand how I feel?
CHAIRWOMAN HILLER: It was -- I believe it was beyond 10.
MR. MINARD: Beyond 10, and when our response times are
eight minutes.
I want accountability. And if you guys can't understand my grief
April 23, 2013
and being upset, then, my God, I feel sorry for your children. I really
do.
Tim Nance, you are the commissioner of my district. Why hasn't
something been done? You guys put a remote on a couple lights in
town. Do you know how long other states in the United States have
been using these remotes? Over 10 years. Over 10 years other states
have been using these remotes on lights. You guys are behind times a
little bit, don't you think, really?
You know, I'm fixing to go home and watch a video about a road
here in North Naples, Veteran's Boulevard -- is that what it's called --
that was supposed to be brought into agenda for running, what, three
miles at the end of that road to make response times in this town better
and fire response times in this town better, but out the door that goes.
Let's spend the money on beach renourishment because,
obviously, human life don't matter to this county. You know, we can
drop 15 million -- 15 million to, what, 31 million in a beach
renourishment project, but we can't spend a couple bucks on EMS to
make sure that my only child that I have left is going to stay alive
when I need EMS or that this gentleman's child or your child -- it's
unacceptable.
I've got a record at the house of over a thousand response times
for EMS. Unacceptable. Some of them upwards of 45 minutes, 45
minutes. What's the point in even going? Forty -five minutes? You
might as well just call them back and tell them you're on your own,
because that's where we were at, on our own. Again, this is it.
MS. MINARD: Do we get an answer? Is anybody going to talk
to us?
MR. OCHS: Madam Chair, I just might say -- and I don't want
to get into more discussion than the county attorney would
recommend, but I did meet with Mr. and Mrs. Minard and another
member of their family early on after the incident, and we had a long
and, I thought, detailed discussion. Nothing I could say, obviously,
April 23, 2013
will make up for their grief, and I understand that.
MR. MINARD: Let me stop you there, because you're beating
around the bush. You haven't given an answer.
COMMISSIONER HENNING: Madam Chair, their time is up.
MR. OCHS: That's all. I just want the board to know that I did
meet with them.
MR. MINARD: You've never given us an answer.
MS. MINARD: We've never gotten an answer.
MR. MINARD: The one meeting we had with you, Leo, you
never gave us an answer. The meeting we had with Walter Kopka, he
called the police on us.
MR. OCHS : No, he did not.
MS. MINARD: Thank you.
MR. MILLER: Your next public speaker is John Rogers. He'll
be followed by Marcia Cravens.
I will take that as Mr. Rogers is no longer here.
Marcia Cravens? I do not see Marcia.
CHAIRWOMAN HILLER: Can you please make sure there's no
one waiting outside.
MR. MILLER: I think I just might have overheard someone say
she might be downstairs.
CHAIRWOMAN HILLER: Okay.
MR. MILLER: Let me just do this real quick. Randall Cohen
had submitted a slip, along with two people ceding time to him. Now,
he did inform me he was leaving, but I thought I should probably, just
for decorum, call the names anyhow.
CHAIRWOMAN HILLER: Of course.
MR. MILLER: Randall Cohen? David Burgeson? And Barbara
Burgeson. They did indicate that they were leaving. I just wanted to
call the names.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: And that is the last of the names we have other
MEMO
April 23, 2013
than Mr. Rogers and Marcia Cravens.
CHAIRWOMAN HILLER: Marcia is here.
MR. MILLER: Marcia Cravens.
CHAIRWOMAN HILLER: Hi, Marcia.
MS. CRAVENS: Hi. Just in time.
My name is Marcia Cravens, and I am a chocoholic.
CHAIRWOMAN HILLER: Well, welcome to the club. It seems
that there's more than one of us.
MS. CRAVENS: Yeah. Boy, I've only got three minutes, and
it's unfortunate that Commissioner Coyle is not in his seat, because
some of my comments involve situations which Commissioner Coyle
is responsible for.
So I would ask Commissioner Coyle and Naples Daily News
staff to take note that the truthful video record of Chairwoman Hiller
accepting the economic award on behalf of our county from Governor
Scott exposes shameful mischaracterization of it by Commissioner
Coyle as reported in the Naples Daily News.
The strident, vicious tenor of an apparent misinformation
campaign as an effort to discredit and malign Chairwoman Hiller and
Commissioners Henning and Nance is abhorrent to citizens of the
county and Naples Daily News readership.
Such a poisonous campaign won't succeed in its efforts to erode
support of Chairwoman Hiller and Commissioner Henning and Nance;
however, repeated vitriol, inaccurate and unfair attacks by Coyle and a
few Naples Daily News staff would surely have the consequence of
eroding public trust and diminishing the stature of Commissioner
Coyle and those of you Naples Daily News staff. It will not erode the
constituents' support of Commissioner Hiller, Henning, and Nance.
Despite the poor representations of what actually occurred during
that awards ceremony, it's just really very disturbing that there has
been so much inaccurate coverage in the Naples Daily News.
And, yes, Brent Batten appears to have been echoing a lot of
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April 23, 2013
Commissioner Coyle's criticisms without having checked the facts.
Please do not be disheartened by all these vicious attacks. The
citizens of Collier County from your districts who overwhelmingly
elected all of you still continue to support you and ask that you,
please, dig in your heels, be tough, and continue what you're doing.
Thank you.
CHAIRWOMAN HILLER: Thank you. That was our last
public speaker?
MR. MILLER: The only other one is John Rogers. I would try
him one more time. John Rogers?
COMMISSIONER FIALA: He might be back for the Wahl
boat -dock extension. I believe that that's the same John Rogers that
lives on Isles of Capri. That's all I can guess anyway.
CHAIRWOMAN HILLER: County Manager, I have a
constituent on Item IOD who has signed up to speak. Could we take
care of that item?
MR. OCHS: I'm sorry, ma'am. I didn't hear which item.
CHAIRWOMAN HILLER: IOD.
MR. OCHS: IOE?
CHAIRWOMAN HILLER: D as in David.
MR. OCHS: Okay. Yes, ma'am.
CHAIRWOMAN HILLER: It's Commissioner Fiala's item on
the radio - controlled airplanes, boats, and cars.
Item #I OD
RECOMMENDATION TO DIRECT STAFF TO BRING BACK
PROPOSED LOCATIONS WITHIN COLLIER COUNTY TO
DEVELOP A FACILITY TO BE USED FOR RADIO -
CONTROLLED AIRPLANES, BOATS AND CARS — MOTION
FOR THE COUNTY MANAGER TO LOOK INTO POSSIBLE
LOCATIONS WITHIN THE COUNTY AND FOR THE AIRPORT
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April 23, 2013
DIRECTOR TO DISCUSS WITH THE AIRPORT AUTHORITY
ABOUT RE- ESTABLISHING THESE ACTIVITIES AT THE
IMMOKALEE AIRPORT — APPROVED
MR. OCHS: Yes. Commissioners, this is a recommendation to
direct staff to bring back proposed locations within Collier County to
develop a facility to be used for radio - controlled airplanes, boats, and
cars and, as the chair said, this item was brought forward by
Commissioner Fiala.
MR. MILLER: And we have two registered public speakers,
Madam Chair.
COMMISSIONER FIALA: Okay. First of all, the reason I
asked for this to be brought forward is I became aware we have a great
deal of radio - operated -- is that what they call it? Or remote - control
different factions in the community; boats, sailboats, motorboats,
airplanes, regular motor engines as well as jet airplanes and
remote - controlled cars and trucks, and I thought -- for the longest time
now I've felt that it would be a great idea to have a park that features
all of these things.
There's a lot of people that aren't really excited about getting into
combat sports, you know, baseball and so forth. There are some
people that are maybe incapable of doing some of the more active
sports.
And I was invited to go over to the remote - controlled airplane
field one day, and I saw some things that were -- that just warmed my
heart. I saw a child in a wheelchair who couldn't walk or anything, but
when they placed an airplane on his lap and they wheeled him out --
and he couldn't move very much, but he could move his fingers.
And they put the plane on the floor, on the ground, and he was
able to operate that remote control and get that plane into the air. It
was -- I thought, man, we need something like this for other kids that
are handicapped.
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April 23, 2013
We also need it for grandpas who want to work with young
people in giving them a role model image. And I thought, this would
be a wonderful thing.
Well, a while back I tasked some of our staff to see if you could
find some land. Actually, I asked people in Conservation Collier if
they could find some land that would back up to preserve land because
houses don't want airplanes to fly over them. And I understand that,
because sometimes they can get noisy.
Anyway, at the time our people kind of ran into a roadblock and
couldn't get any further. So I just brought it back up again, but I
included other things as well, like the remote - control boats and the
cars and so forth.
And so I brought it up at the last meeting, and I have to say,
unanimously, all board members said, yeah, why don't we investigate
and see what we have. We might have land that's available right in
the county's own pocket, or we might have developers who would like
to work out an arrangement where they could donate something that's
close to a preserve in their community that this could be used in.
I don't know about the boats, although all you have to have is a
lake there or something, and you can do boats. But I know with the
airplanes, they come in, they mow the whole place themselves, they
build their own airfield, they build their own chickee huts, and they
build -- they even bring their own Porta Johns in there. It hardly costs
us a cent to do anything because they take care of it.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: I'm going to give you a motion to
direct staff to bring a proposed -- a proposal back as to, you know,
what locations might be available and to coordinate with the
community to see how, you know, these contributions can be solicited
to make improvements to any location that might be identified to staff.
COMMISSIONER FIALA: Oh, that's wonderful. I certainly
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April 239 2013
will second it. And I won't even go on then, because you know the
story. And we have a couple speakers. Thank you.
CHAIRWOMAN HILLER: Let's bring the speakers up.
COMMISSIONER FIALA: I don't need to sell you.
MR. MILLER: Your first public speaker is Randy Williams, and
he'll be followed by Marvin Courtright.
MR. WILLIAMS: Okay. Thank you very much. My name is
Randy Williams. I'm representing the Naples Model Yacht Club.
The main reason why we're here is as a result of the fact, as
Commissioner Fiala has just said, back in 2011 it was on the agenda
with respect to promoting alternative leisure activities, including
radio - controlled airplanes, boats, and cars.
And then on June 20th of 2012, according to the minutes of the
parks and recreation department, the recommendation was to find
some suitable locations for radio - controlled activities.
I guess I can only speak with respect -- I guess I'm going to bring
up two points, one of which is what would be some of the
characteristics of a good location for remote - control sailing. I don't
know anything about remote - control airplanes, cars, or motorboats.
But as far as sailing is concerned, there are about five features
that would be important. And then after I mention those, I will
mention about five different kinds of activities that would take place
in this particular area.
As far as the characteristics are concerned, obviously you need a
pond, and the size of the pond would be as far as our -- any sailboat --
this is sailboat racing pushed by the wind, no motors or anything. And
as far as our -- any sailboat racing, requirements would be about 150
yards square.
That reminds me, I have provided a listing of what I'm discussing
with each of the commissioners so that it can be referred to.
Parking has always been an important issue. We do sail in two
places in Collier County. In one place there's a parking lot right next
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April 23, 2013
to the pond, and in another place we walk for about 75 yards with our
boats. But parking, if -- the closer the parking lot is to the sailing area
the better.
A grassy area to stand on while you're using your transmitter to
transmit the instructions to the boat. And no weeds in the pond.
These are all pretty easy things to resolve, and the county and some
private neighborhoods have plenty of ponds which have most, if not
all, of these features.
A bathroom or restroom within a hundred yards. Maybe Porta
Potties, as Commissioner Fiala has indicated, is possible.
I guess I'm done. But if there are any questions regarding the
activities that would be provided or --
CHAIRWOMAN HILLER: Leo, what's important to remember
is when you --
MR. WILLIAMS: Pardon me?
CHAIRWOMAN HILLER: I'm talking to the county manager,
sir. Your time is done. Thank you. You can have a seat, thanks.
MR. WILLIAMS: Okay.
CHAIRWOMAN HILLER: County Manager, when you bring
back the information, please make sure to provide any associated costs
along with any projected maintenance costs so that we have a full
appreciation of what the total project costs would be.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Madam Chair, your last public speaker on this
item is Marvin Courtright.
MR. COURTRIGHT: This one I'm really excited about
addressing. Thank you, Commissioners.
Every subject that he just addressed took place in Immokalee.
We had remote - controlled airplanes flying. Under the direction of the
airport manager, it was shut down. They're no longer allowed to fly
their remote - controlled airplanes.
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April 23, 2013
We also had an area designated off the end of the airport within
the control zone of the Collier County -- or the Fort Myers airport
control towers and all for professional acrobatic pilots who compete
throughout the world with their beautiful airplanes. They were shut
down. They can no longer practice in that area. Shut down by our
current airport manager.
What'd they do? They took their airplanes somewhere else.
They were in our hangars, our T- hangars.
We had glider- towing, the gentleman just mentioned. We
stopped landing on the grass. Gliders land on the grass all the time.
It's part of it. No more landing or taking off on the grass. Where'd the
gliders go? They went to LaBelle.
We ask ourselves, what's wrong in Immokalee? There's two sides
to the Immokalee airport, the industrial and aviation side, aeronautical
side. We need to recognize the fact that there is pleasure and
enjoyment and entertainment for our community on the airside, and
we need to consider inviting these people back to Immokalee,
encourage these activities.
We talk about a lake. We dug a lake, great big beautiful lake.
What happens? The Clerk of Courts audited it, found out that all the
dirt that was on it disappeared. That ended up being a major audit
presented to you today, or not today but a few weeks ago.
Anyway, Ms. Fiala, thank you. I live in your district. I'm three
miles from the practice area you're talking about. I enjoy it. They can
do miracles with those remote - controlled airplanes. Whether it goes to
Immokalee or wherever, it's a good idea.
Thank you.
COMMISSIONER FIALA: Yeah. And the reason I'm bringing
it up -- thank you for mentioning that. The planes -- it's just a
wonderful asset, but the one -- the field -- they used to fly out of
Manatee Park, but then it got too close to all of the homes, and so they
had to move other than the jet planes that don't make any noise.
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April 23, 2013
So they're over at another field, but it's so wet they can't use them
for four months a year. So it seems a shame. And that's why I'm
hoping to find another one. You know, we have 6L Farms right out
there, and pretty soon 6L Farms is going to be doing some changing.
Maybe they would like to give us some of the land that's already been
plowed under and farmed for a while and that would be backing right
up to a preserve and yet it would not hamper any environmentalists'
wishes.
So I'm looking at that and thinking maybe there's something just
waiting there for us.
CHAIRWOMAN HILLER: Commissioner Henning?
MR. COURTRIGHT: May I address one more subject, please.
CHAIRWOMAN HILLER: Could you allow Commissioner
Henning to speak?
MR. COURTRIGHT: Pardon me?
CHAIRWOMAN HILLER: Commissioner Henning has been
waiting.
MR. COURTRIGHT: I'm sorry, excuse me.
COMMISSIONER HENNING: No. Yeah, I just wanted to talk
on the topic. I do have a concern, Commissioner Fiala. I know your
intentions are well for, you know, the interested people that want to
use -- either flying or motorized boats; however, asking staff to work
with developers, I don't want your name to be cast negatively in the
Naples Daily News by some of the employees. Your intentions are
well; however, I would reconsider what your motion is and what your
thought is.
The second thing, Mr. Courtright is right on, we have thousands
and thousands of acres in Immokalee owned by the airport and airport
authority.
Furthermore, it would be nice to see other residents of our
community enjoy what is in Immokalee and the diversity of culture
and, particularly, the market out there.
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April 23, 2013
I would hope that your motion -- you would amend your motion
to direct the airport director to look at the Immokalee airport because
we do -- Mr. Courtright is right, we have a fresh pond out there that
doesn't have littoral shelving that's required to be planted in some of
these lakes and ponds. Besides we have, you know, a thousand acres
out there. Some of it is -- was leased for cattle leasing, but that has
gone away. I think there's some opportunities there.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: So that's my input on it.
COMMISSIONER FIALA: That's great. Oh, you know, I'm
open to anything.
COMMISSIONER HENNING: I just don't -- my real concern is
I don't want you to get unnecessarily criticized by the liberal media,
because I know your intentions are good.
COMMISSIONER FIALA: Right. And I'm just hoping some
developer would want to say I'll trade this for that or something along
that line.
COMMISSIONER HENNING: No. Geez, no. We don't want
to hear that.
COMMISSIONER FIALA: Okay. Anyway, I do --
CHAIRWOMAN HILLER: Let me --
COMMISSIONER FIALA: -- just hesitate with the planes.
They fly them six to eight hours every day, and I don't know if that
would hamper any other airplanes taking off and landing over at
Immokalee. I don't know how that will work, but they can --
CHAIRWOMAN HILLER: Marvin, has that ever been an issue
before? Have the airplanes, the model airplane flying in Immokalee
ever been an issue with respect to the very, very limited air traffic at
the Immokalee airport?
MR. COURTRIGHT: To my knowledge, there was never any
justification for any aircraft interfering with air traffic.
If I may finish this. Give me two more minutes, please.
April 23, 2013
CHAIRWOMAN HILLER: One minute, please. We have a lot
of other work to do.
MR. COURTRIGHT: Okay. The corner of the airport, the
southwest corner, Collier County Parks and Recreation has a
privileged use of it that was approved by this county. It's used to
watch birds. We have a Scrub Jay protection area on the side of that
8 acres. Flying those model airplanes over those aren't going to hurt
the Scrub Jays.
We also have a paved path completely around that -- I don't
know how many -- seven or eight acres that the aircraft could take off
and land on.
We have the lake out there. We've got everything needed at no
cost except organization and coordination --
CHAIRWOMAN HILLER: That sounds very positive.
MR. COURTRIGHT: -- as a beginning.
CHAIRWOMAN HILLER: Let me go ahead, then, and amend
my motion to -- while we've directed the county manager to look at
options, to also direct the executive director of the airport to come
back to the Airport Authority Board and advise what we can do to
re- establish all those activities that Mr. Courtright identified in his
presentation as having been deleted and then have the Airport
Authority Board present that to -- we're one in the same, but to the
Board of County Commissioners. We'll just change hats in the middle
of a discussion. Right? Jeff? You know.
COMMISSIONER FIALA: And there's also the landfill to
discuss.
CHAIRWOMAN HILLER: To -- but that will be under the
county manager -- to see what it would take to bring all that activity
back to the Immokalee airport. And given the very little activity that
is out there at present, bringing these activities back to Immokalee will
bring people back to the airport and life back to the airport. I think it's
a very positive thing.
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April 23, 2013
So I will amend my motion accordingly.
COMMISSIONER FIALA: To look at all aspects and places.
CHAIRWOMAN HILLER: To have the county manager look at
what's available in the county and to have the executive director of the
airport to look at bringing back all those activities to the Immokalee
airport.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: And we could do both, possibly. I
mean, there's no reason; they're not mutually exclusive. I mean, we
could end up having both, which is even better for the community. It
would be, you know, an expansion, actually.
COMMISSIONER FIALA: Yeah. And that's -- and I was
looking at the landfill also. We own all the land there, and a lot of it is
just sitting there. And I thought, gee -- and nothing else is around there
other than birds.
CHAIRWOMAN HILLER: Well, that's not true. George sits up
there on the top of the landfill on this lawn chair thinking, and you
could be disturbing him.
COMMISSIONER FIALA: We have lunch there on our tours,
too, and they provide it free.
CHAIRWOMAN HILLER: Well, now you're beginning to build
arguments against it, Donna. Don't talk yourself out of your own
position.
All right. So I've made a motion. Commissioner Fiala, would
you second that --
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: -- as amended? Thank you.
There being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
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April 23, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #8A
RESOLUTION 2013 -98: RECOMMENDATION TO CONSIDER
FRED AND MARCI WAHL'S APPEAL TO THE BOARD OF
ZONING APPEALS OF A DECISION OF COLLIER COUNTY
PLANNING COMMISSION IN DENYING PETITION BDE -
PL20120001428 THAT REQUESTED A 21.5 -FOOT BOAT DOCK
EXTENSION OVER THE MAXIMUM 20 -FOOT PROTRUSION
LIMIT AS PROVIDED IN SECTION 5.03.06 OF THE LAND
DEVELOPMENT CODE TO ALLOW A TOTAL PROTRUSION
OF 41.5 FEET FOR A BOAT LIFT ON THE EAST SIDE OF A
BOAT DOCK FACILITY IN AN RSF -4 ZONE ON PROPERTY
DESCRIBED AS LOT 11, ISLES OF CAPRI NUMBER 1
SUBDIVISION, IN SECTION 5, TOWNSHIP 52 SOUTH, RANGE
26 EAST, IN COLLIER COUNTY, FLORIDA — MOTION TO
DENY — FAILED; MOTION TO APPROVE APPEAL (MEETS
PRIMARY AND SECONDARY CRITERIA) — ADOPTED
MR. OCHS: Madam Chair, that takes you to your Board of
Zoning Appeals advertised public hearings, Item 8A. This item
requires that ex parte disclosure be provided by commission members.
All participants are required to be sworn in.
It's a recommendation to consider Fred and Marci Wahls' appeal
to the Board of Zoning Appeals of a decision of the Collier County
Planning Commission in denying Petition BDE- PL20120001428 that
requested a 21.5 -foot boat dock extension over the maximum 20 -foot
protrusion limit as provided in Section 5.03.06 of the Land
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April 23, 2013
Development Code to allow a total protrusion of 41.5 feet for a boat
lift on the east side of a boat dock facility in an RSF -4 zone on
property described as Lot 11, Isles of Capri, No. 1 subdivision, and
Section 5, Township 52 south, Range 26 east, in Collier County,
Florida.
CHAIRWOMAN HILLER: If there are any public speakers on
this matter, they need to be sworn in also, so I need them to rise and
participate in the swearing in. Thank you. Anybody else? You have
to raise your right hands.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Ex parte, Madam Chair.
CHAIRWOMAN HILLER: Ex parte, Commissioner Coyle.
COMMISSIONER COYLE: Yes. I have received emails, and I
have read the staff s report on this item. And, of course, I heard the
first petition at the time it was approved.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. We also had speakers this
morning talking to this subject, so we all heard that. I've had
meetings, correspondence, emails, calls. I've met with a few of the
different planning commissioners. I've met with many Isles of Capri
residents, and I've communicated with anybody who wants to talk to
me about it. And I have it all in my records so anybody can take a
look and see.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: It says here I have emails.
Jeremy (sic), did we talk about this?
MR. MAXWELL: Jeremy?
COMMISSIONER HENNING: Jeremy?
MR. MAXWELL: Josh?
COMMISSIONER HENNING: Josh? When'd you change your
name?
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April 23, 2013
COMMISSIONER FIALA: Just now.
MR. MAXWELL: No, Commissioner Henning. I sent all the
commissioners an email requesting, if you guys had questions --
COMMISSIONER HENNING: Just email.
MR. MAXWELL: -- we could discuss the matter. But to date,
I've only met with Commissioner Nance.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I've received emails, I met
with Mr. Maxwell, and I reviewed written materials provided to me on
this item.
CHAIRWOMAN HILLER: I have received emails and the staff
report, and I also heard, you know, the presentation made during
public comment this morning.
Would you like to -- actually, before we get started, let me just
ask that the county attorney explain exactly what is being presented
here and how we have to make our decision based on law.
MR. KLATZKOW: Earlier today one of your public speakers
was talking about a hardship. Hardship is in the context of the
variance. You've already granted the variance.
While hearing the testimony today, if you go to Page 3 of your
executive summary, you have both primary and secondary criteria laid
out. This is the criteria that you must judge this particular application
on, and you must find at least four out of five of the primary criteria
met and at least four out of the six secondary criteria met.
CHAIRWOMAN HILLER: In order to deny?
MR. KLATZKOW: In order to authorize this.
CHAIRWOMAN HILLER: To authorize?
MR. KLATZKOW: Yes, you must --
COMMISSIONER FIALA: Say that one more time then.
CHAIRWOMAN HILLER: Can you put the item on the
overhead? Put the items on the overhead, please, so there is no
ambiguity in the direction.
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April 23, 2013
And let me just begin, I think where the confusion is, I think you
need to state specifically, County Attorney, what is being requested
here, because this is an actual appeal. So when you're saying, you
know, we need to consider this criteria, is it to accept the appeal or
deny the appeal?
MR. KLATZKOW: Consider this a de -novo hearing as if the
Planning Commission had not heard this.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Okay. What I'm saying is that this was a
two -step process. It could have been one, but for some reason it's
been taken in two. The first step was to request a variance. That
would have required a hardship finding.
The second request is for the boat dock extension. You have
different criteria for the boat dock extension than you had for the
variance.
The criteria is on your viewer and --
CHAIRWOMAN HILLER: And let me just clarify. The
variance is not being appealed. The variance is a settled matter and
has been approved by the board.
MR. KLATZKOW: That's right.
CHAIRWOMAN HILLER: And all we're looking at is the boat
dock extension.
MR. KLATZKOW: That's right.
CHAIRWOMAN HILLER: And the boat dock extension was
denied by the Planning Commission.
MR. KLATZKOW: That's correct.
CHAIRWOMAN HILLER: But we're going to treat it as a
de -novo hearing as if the Planning Commission had not heard it.
MR. KLATZKOW: That's correct.
CHAIRWOMAN HILLER: So we are making the decision here
today to either accept or deny the boat dock extension.
MR. KLATZKOW: That's correct.
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CHAIRWOMAN HILLER: And the criteria we are looking at is
the criteria that needs to be considered to accept the boat dock
extension.
MR. KLATZKOW: That's correct. But if you're going to deny
the boat dock extension, you must make findings that they have not
met several of these criterias.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Now, it is up to the petitioners or the
applicant to prove that they've met these criterias.
CHAIRWOMAN HILLER: So, Petitioner, what you need to do
is take the criteria as presented, primary and secondary, and prove to
us that you have satisfied these -- four of these criteria; is that correct?
We only need four?
MR. KLATZKOW: You need, as a minimum, at least four of the
five primary --
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: -- and four of the six secondary.
CHAIRWOMAN HILLER: Right.
So we need you to prove that four of the primary and four of the
secondary criteria have been satisfied in order for us to be able to
approve this. So if you can take -- make your presentation systematic
and, you know, make reference to the criteria, and then provide the
evidence, then that will allow us to make the appropriate decision.
MR. MAXWELL: Okay, thank you. Josh Maxwell from
Turrell, Hall & Associates, for the record.
Is it okay to replace this with an exhibit?
CHAIRWOMAN HILLER: Yes.
MR. MAXWELL: Okay.
CHAIRWOMAN HILLER: But, again, you know -- actually,
you know what would be good?
County Manager, could you have staff make a photocopy of that
for each member of the board so they can have that same document in
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front of them. Even though I believe it's in the backup, I just want to
make sure everyone has it so they can make notes on it as his
presentation is being made.
MR. MAXWELL: While staff makes that copy, I'll walk you
through a little bit of why we broke this into a two -step process.
Initially when the first boat dock extension was submitted to
county staff, it was for both lifts and to rebuild the existing dock.
At the first BDE hearing with the Planning Commission, they did
not want to approve the dock with the two lifts, and so we came back
on consent agenda for just the dock and the end lift. And they also --
because they did not feel that they could recommend approval on the
variance, the variance of which you guys approved last year, or the
previous board approved last year.
And so we were instructed by county attorney and county staff to
resubmit for a new boat dock extension for the side lift only.
Excuse me while I flip to the second boat dock application.
CHAIRWOMAN HILLER: No problem. Do we have the
copies?
Thank you very much.
MR. MAXWELL: The description of the project follows what
we presented last year for the variance. We were rebuilding the exact
dock that's been there since the 1980s.
For clarification, what's shown there on the aerial, that T dock,
when the Wahls replaced their seawall, they were informed by DEP
that they must remove the T dock because it was built after the
grandfathered date. So they modified the dock back to the
grandfathered status of the L dock.
When we took the project on, we permitted it with two boat lifts
with both state and federal agencies of which were submitted in the
application process.
And following the history, we have achieved approval for the
existing dock to be rebuilt, which it has been, and the end lift to be
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installed. And today we're coming back for the second BDE for the
side lift only.
For Primary Condition No. 1, the dock is built on a single- family
residential lot. If a boat lift is authorized at the end of the terminal
platform, an additional lift is currently being proposed on the eastern
side, this configuration is the only manner accepted by Florida DEP.
What that means is this is a grandfathered dock, and we could not
build anything different unless we put a marginal platform along the
seawall, and that's because of the water depth there along the Marco
River. That's the constraints by DEP for being in an aquatic preserve.
CHAIRWOMAN HILLER: So what criteria does that satisfy?
MR. MAXWELL: That is Primary Condition No. 1.
CHAIRWOMAN HILLER: And you're saying it's appropriate
because DEP says it's appropriate?
MR. MAXWELL: No. It -- I mean, we can go through the
primary criteria, if you'd like. Whether or not the number of dock
facilities and /or boat lifts proposed is an appropriate relation to the
waterfront length, location, and upland use of the zoning district of the
subject property. Condition shall be made on un- bridged barrier
islands, which this is not, where vessels are the primary means of
transportation to and from the property.
State guidelines restrict single - family docks to having two slips,
of which we were able to permit with state and federal agencies.
COMMISSIONER HENNING: I have a question.
MR. MAXWELL: Yes.
COMMISSIONER HENNING: On No. 1 -- maybe this is of
staff, because actually on No. 1, there's -- it could be considered that it
has different criterion within No. 1. Does it have to meet all? Such as
consideration should be made where the property's an un- bridged
barrier island or vessels are the primary use of transportation.
I would say that this is a consideration if it is -- if it's not accessed
by vehicle. That's one -- it meets one of the criteria. That's how I read
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it. And does it have to meet all of -- you know, you've got, like, three
periods within this whole sentence.
MR. SAWYER: Commissioners, for the record, Mike Sawyer
with planning and zoning, project manager for the petition.
As far as this particular criteria goes, basically what we are
looking at are the number of vessels for this particular facility,
primarily. There is a distinction between un- barrier islands, un- bridged
islands, rather, where primarily the only means of getting to those
islands is by boat. Certainly you don't want to have the same
restrictions as you do on most single- family lots, which this is.
COMMISSIONER HENNING: So does this No. 1 apply? And,
by the way, I think the director of zoning is the one that's supposed to
interpret the code. This is out of the Land Development Code.
MR. SAWYER: Correct. And Ray Bellows and Mike Bosi have
both reviewed both the staff report initially as well as the executive
summary.
COMMISSIONER HENNING: But I'm just talking about the
criterion that we're considering here.
MR. SAWYER: Okay.
COMMISSIONER HENNING: And No. 1, is it within the
totality of the paragraph, or is it we can pick and choose which
statement it meets or does not meet? Because, actually, I would say,
well, it doesn't meet No. 1 because it's not on a barrier island. That's
really where I'm coming from.
MR. BOSI: Mike Bosi, interim director of planning and zoning.
Mike, as the primary staff person, was providing specifics.
Basically within this primary criteria, the first criteria, it's the first
sentence. That second sentence is only for when you have a barrier
island. This is not on a barrier island; therefore, that condition would
not have to be satisfied. So it's only that first sentence, as Mike had
pointed out, whether the number of dock facilities or boat slips are
appropriate.
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COMMISSIONER HENNING: Okay. So you're saying it
doesn't need to meet it because it's not applicable?
MR. BOSI: It wouldn't -- it doesn't apply because that condition
is not being met by this property.
COMMISSIONER HENNING: Okay. Thank you.
CHAIRWOMAN HILLER: Can you proceed to the next one?
MR. MAXWELL: Yes. So just to reiterate, No. 1 is -- you
know, we've always kind of used that to, typically, are we proposing
the correct amount of docks and correct amount of slips? For
instance, we're not putting in two boat docks at this location. So that's
how I feel we meet this criteria, is we're only putting in one dock and
two lifts, as permitted by the county's code.
Number 2, it has to do with the water depths. Basically, in certain
areas of the county, if you don't have adequate water depths, you have
to extend the dock, obviously, so you can provide access to it. Well,
in the Marco River, we have some of the deepest waterfront of our
inland waters, and so we do not meet Criteria No. 2.
CHAIRWOMAN HILLER: You don't meet it?
MR. MAXWELL: No. Criteria No. 2 has to do with the water
depths. If the proposed site is so shallow the vessel of general length,
type, and draft, as described in the petitioner's application, is unable to
launch or moor at mean low tide.
COMMISSIONER FIALA: In other words, it's very deep, so
that doesn't apply.
MR. MAXWELL: Correct. Like on the opposite side of Isles of
Capri, sometimes we have to go out 140 feet to be able to reach deep
enough water.
CHAIRWOMAN HILLER: So that means that the -- it is not a
problem, so the criteria is satisfied that you have adequate water?
MR. MAXWELL: No, no, no. That one is in --
COMMISSIONER COYLE: Just the opposite.
MR. MAXWELL: Yeah. Number 2 is there in case you do not
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have adequate water. It justifies your extension.
CHAIRWOMAN HILLER: Oh, I see.
MR. MAXWELL: Right. And in this case, we do not have, nor
does the majority of lots on this -- on Big Marco River.
CHAIRWOMAN HILLER: Okay.
MR. MAXWELL: Number 3, whether or not the proposed boat
dock facility has any adverse impacts on navigation within the
adjacent marked or charted navigable channels. The channel here is
800 feet, approximately, in width for mean high -water line to mean
high -water line, and there is adequate room for all boat traffic to go
back and forth.
Are there any questions on Primary Condition No. 3?
(No response.)
CHAIRWOMAN HILLER: Okay. Primary Condition No. 4 --
COMMISSIONER HENNING: Well wait a minute. Where's the
markers at? Is this -- is the markers -- does -- let's see. This would be
-- well, is there a red /green marker on both sides of the channel where
this property is?
MR. MAXWELL: There are no -- I don't believe there's any
known markers in that area of -- I know there's some at the mouth of
Big Marco River telling people to slow down and also giving them
direction there. But in this -- immediately in front of the Wahls' lot,
no, there's not.
COMMISSIONER HENNING: So it's the whole system or
channel that you transverse (sic), the general public?
MR. MAXWELL: (Nods head.)
COMMISSIONER HENNING: So if that boat dock wasn't
there, then we could transverse that, because there is no -- there's no
identification where the public should -- or boaters should navigate.
MR. MAXWELL: Right. The general path of traffic, from my
experience --
COMMISSIONER HENNING: Is the boat dock there now?
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MR. MAXWELL: Yes, the boat dock is there and it was -- you
know, it's been -- the boat dock to the protrusion -- actually, the old
dock was protruding further, and that was addressed in the last boat
dock extension that was granted for the dock and associated terminal
platform lift.
Number 4, whether the proposed boat dock facility protrudes
more than 25 percent of the width of the waterway, and whether there
is not a minimum of 50 percent of the waterway between dock
facilities on either side to maintain navigation.
We're only sticking out 54.6 feet from mean high -water line in an
800 - foot -wide channel, so we more than satisfactorily meet this
condition.
And the final primary condition, whether or not the proposed
location and design of the dock facility is such the facility would not
interfere with the use of the neighboring docks.
As I stated in my opening, we were restricted to this design or
switch to a marginal platform. The marginal dock right around the
seawall is very difficult to utilize for two vessels, which is the goal of
the client, because they bought the property with the dock as shown
on the overhead, and it is their understanding that they could have two
boat slips there. To replace it with a marginal dock, it would be very
difficult to put two boat slips at. So if we want to moor two boats, this
is the style we would have to go with. And it also protrudes you know,
similarly to the neighboring structures.
COMMISSIONER HENNING: I have a question on No. 5.
CHAIRWOMAN HILLER: Commissioner Henning, would you
go ahead and present your question?
COMMISSIONER HENNING: Mr. Bosi, since you're the
interim interpretation of this code until the position is filled, is this
criterion subjective or -- depending on who -- somebody's opinion?
MR. BOSI: Well, I think it's an opinion based upon dimensional
standards that are provided within the drawing. I believe what the
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applicant is indicating is this design will not interfere with the
adjoining dock facilities.
COMMISSIONER HENNING: Well, whether or not the
proposed location and design of the dock facility is such that the
facility would not interfere with the use of the neighboring docks.
Now, is that your opinion, or is it the opinion of the neighbor that
has the dock?
MR. BOSI: I think it would be subjective to the person who was
expressing the opinion. I mean, I would look at the drawings or the
dimensions that are provided and draw in a reasonable conclusion as
to whether those neighboring docks could utilize their facilities as
they're designed.
COMMISSIONER HENNING: Do you boat much?
MR. BOSI: No.
COMMISSIONER HENNING: Okay. Thank you.
MR. BOSI: Thank you.
MR. MAXWELL: But to address your concerns, Commissioner
Henning, I think, for instance, if we were at the back end of a lagoon
where we had very restrictive riparian rights possibly in, like, a pie
shape, that is where, you know, if we built, say, 140 -foot protrusion
dock, that we may cut off access to one of the other neighbors who has
another restrictive riparian rights.
Here the riparian lines go perpendicular to the shoreline, so you
have plenty of access to your dock and property for any of the
neighbors, including the Wahls.
Are there any other questions on the primary conditions?
CHAIRWOMAN HILLER: So to summarize, you've satisfied 1,
3, 4, and 5.
MR. MAXWELL: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you. Can you proceed to the
secondary?
MR. MAXWELL: The secondary criteria, the DEP -- okay,
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sorry. Whether or not there are any special conditions not involving
water depths related to the subject property or waterway which justify
the proposed dimensions and location of the proposed docks.
This goes back to what we are restricted to by DEP since we're
an aquatic preserve. And in aquatic preserves, the marginal dock
criteria falls into effect when you go past 4 feet mean low - water, of
which we have almost at the seawall on top of the riprap. And so
that's -- we had to stick with the grandfathered dock. So that is what
this one is addressing.
And so we are limited to our design by what DEP will allow, and
this is the design we chose to move forward with.
COMMISSIONER FIALA: So you're limited to the design --
MR. MAXWELL: You have to build -- rebuild a grandfathered
dock in the exact location; otherwise, you're in violation of the DEP's
rules for a grandfathered structure.
CHAIRWOMAN HILLER: So you satisfied Criteria 1?
MR. MAXWELL: Yes, ma'am.
CHAIRWOMAN HILLER: The secondary. Can you continue,
please?
MR. MAXWELL: Yes. Secondary Criteria No. 2, whether the
proposed dock facility would allow reasonable safe access to the
vessel for loading, unloading, and routine maintenance without use of
excessive deck area not directly related to these functions. The
proposed deck area is 340 square feet and allows safe access to the
two boat lifts.
The deck area, again, was already approved with the previous
boat dock extension, but the limit for aquatic preserves with the DEP
is 500 square feet. So we're well within the 500- square -foot criteria of
the state.
And, yes, we meet Secondary Criteria No. 2.
Any questions?
CHAIRWOMAN HILLER: Please proceed.
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MR. MAXWELL: Secondary Criteria No. 3, the single- family
boat dock facilities, whether or not the length of vessels, or vessels in
combination, described by the petitioner exceeds 50 percent of the
subject property linear waterfront footage.
The length of vessels exceed 50 percent of the subject property's
linear waterfront footage; therefore, we do not meet Secondary
Criteria No. 3.
CHAIRWOMAN HILLER: Continue.
MR. MAXWELL: Secondary Criteria No. 4, whether or not the
proposed facility would have a major impact on the waterfront view or
neighboring waterfront property -- or views of neighboring waterfront
property owners. The facility should not have a major impact on the
view of either property owner.
The lift in question is on the east side of the dock. It's not out at
the end. So the lift will not impact views of any neighbor east or west.
COMMISSIONER HENNING: Question?
CHAIRWOMAN HILLER: Yes. Go ahead, Commissioner
Henning.
COMMISSIONER HENNING: I would say this criteria is
subject to anybody's interpretation of blocking views and that.
MR. MAXWELL: Well, I think it comes down to what is your
legal view as a riparian property owner, which is generally the view of
the water in your riparian rights which is from riparian line to riparian
line.
COMMISSIONER HENNING: Well, it's saying major impact.
MR. MAXWELL: Correct.
COMMISSIONER HENNING: So what is major impact? It is
subjective to who's looking at it, correct?
MR. MAXWELL: Correct.
COMMISSIONER HENNING: Well, when it says neighboring
-- okay.
MR. MAXWELL: So it is in our opinion that we meet
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Secondary Criteria No. 4.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: No. I am so thrilled that
Commissioner Henning is asking these questions, because he is a
boater. He understands this much better than I do. I'm learning a lot
as he goes forward, and I just wanted to mention that I'm glad he's
kind of taking hold of this.
CHAIRWOMAN HILLER: It's great.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: It's helping out.
MR. MAXWELL: So moving onto Secondary Criteria --
CHAIRWOMAN HILLER: So to finalize No. 4, you do satisfy
criteria -- Secondary Criteria 4?
MR. MAXWELL: In our opinion, we do not severely affect the
views of either neighbor.
CHAIRWOMAN HILLER: Five?
MR. MAXWELL: Yes, moving onto No. 5, whether or not
seagrass beds are located within 200 feet of the proposed dock facility.
On September 16th, a submerged resource survey was conducted
by our office, and no seagrasses were found within the riparian rights
of the property or within 200 linear feet so, therefore, we meet
Secondary Criteria No. 5.
CHAIRWOMAN HILLER: Commissioner Henning, are you
good with that?
COMMISSIONER HENNING: Yeah. I have no idea whether
seagrass is in there.
CHAIRWOMAN HILLER: Well, that would be a matter of fact.
COMMISSIONER HENNING: I understand that somebody that
you and I know caught some trout in that area, and you know that they
hang around seagrass.
MR. MAXWELL: They hang around seagrass, but they also
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hang around a lot of structure, for instance, docks, riprap, both of
which are present at the site, but they love grass. I recommend Cape
Romano.
CHAIRWOMAN HILLER: Six, please.
MR. MAXWELL: Secondary Criteria No. 6, whether or not the
proposed dock facility is subject to the manatee protection
requirements of Subsection 5.03.06(E)(11).
The site is a single- family lot on the Big Marco River, 800 feet in
width, and is not restricted by Subsection 5.03.06(E)(11), so,
therefore, this does not apply to the project, because the manatee
protection does not have a specific limitation on this type of
residential lot.
CHAIRWOMAN HILLER: So to summarize, 1, 29 4, and 5 of
the secondary criteria are satisfied?
MR. MAXWELL: Correct.
CHAIRWOMAN HILLER: Which means, based on your
presentation, four of the primary criteria have been satisfied and four
of the secondary criteria have been satisfied, meaning the board does
have the ability to approve this?
MR. MAXWELL: Yes, that was staff s findings.
CHAIRWOMAN HILLER: That's correct.
COMMISSIONER FIALA: Excuse me.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Except No. 4 he said -- you know,
some of these things are based on -- on their views. For instance, on 4
he said, we do not severely affect neighbors' views. Well, you know,
one of the problems is the neighbors are very concerned about this.
They're not only concerned about their views, but the
navigability in and out of their properties that are right next door. And
I think we have to take some of these -- and, actually, you work for the
people who want to get this done.
MR. MAXWELL: Correct.
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COMMISSIONER FIALA: But we don't have anybody here
representing neighbors. And so, naturally, you're going to give us
your opinion what you think. And I'm thinking -- I've got plenty of
letters here from neighbors and people that are concerned that don't
agree with you.
And when we first originally approved the riparian lines, we did
that because of the information that was presented to us, but it was a
completely different dock at the time.
And let me see. It was -- the boat was going to be on the side of
the dock, and that was a different thing. This is a whole different
subject now. And so I've got a lot of things here I wanted to mention
as far as neighbors' concerns and boaters concerned in the area.
MR. MAXWELL: May I address a few things you just said
before?
COMMISSIONER FIALA: Sure.
CHAIRWOMAN HILLER: Before we continue, let me say this:
We have a time - certain at 2 o'clock, but we're not going to interrupt
this hearing since we're in the middle of it. But I do want you to all be
aware we do have the individuals who will be presenting the 2 o'clock,
which is the Fletcher lease. We have both staff and, I guess, public
speakers present.
MR. MAXWELL: Just to address a few comments made by
Commissioner Fiala, this is the same -- exact same dock configuration
that was presented in the initial boat dock extension request and it was
also the exact configuration presented with the variance request and
petition that was approved last year by the Board of County
Commissioners.
So we have not changed the dock layout configuration or slip
locations.
COMMISSIONER FIALA: Okay, fine. Then I had some
misinformation.
MR. MAXWELL: I'm sorry if there was any misinformation or
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miscommunication.
COMMISSIONER FIALA: Okay. It was my misinformation
then. Thank you very much.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yeah. If we're supposed to find
that 1 through 4 of the primary, it meets primary, and 4 out of the 6 of
the secondary, in the secondary in the last, No. 6, it's saying -- it's
referring to Land Development Code 5.03.06(E)(11). We don't have
that in front of us. So how can I make a finding that has no effect on
something about manatees that I don't have in front of me?
MR. MAXWELL: Yeah. I'm not claiming that we satisfy or
don't satisfy it. If you'd like --
CHAIRWOMAN HILLER: He said it was not applicable.
MR. MAXWELL: Yeah. Is that something we can look up and
show on the screen? Is that something we can access? I know I have
copies in my office.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Well, if it's not applicable, then
we can't find it is part of the criteria.
CHAIRWOMAN HILLER: He wasn't. They were relying only
on 1, 2, 4 and 5, not on 6.
COMMISSIONER HENNING: One, 2 --
CHAIRWOMAN HILLER: Four and 5.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: They only need four of the six.
COMMISSIONER HENNING: Yeah, you're right, absolutely.
CHAIRWOMAN HILLER: And they relied on 2, 4, and 5.
COMMISSIONER HENNING: My apologies.
MR. MAXWELL: No worries. I believe, Commissioner Fiala,
you had some things you wanted to address from the public comments
you received?
COMMISSIONER FIALA: No, not right this minute.
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CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let's go back to the primary
criteria, and let me see if I understand exactly what you're saying. But
first tell me, was this always a T- shaped dock?
MR. MAXWELL: No. Back when it was originally constructed
in the 1980s, it was an L- shaped dock that has been corrected to.
COMMISSIONER COYLE: With the L going to the right?
MR. MAXWELL: To the west. The L to the right, I believe,
was added in the mid '90s and was not permitted and, therefore, was a
violation with the DEP. And so when the Wahls corrected -- put in
their new seawall, DEP forced them to bring their dock into
compliance with the grandfathered structure.
COMMISSIONER COYLE: But you had the option of taking
out the T portion to the west and retaining that portion of the T going
to the east that lies outside the setback of the riparian line.
MR. MAXWELL: No. We could not keep the right side of the
T. We could only keep the left side of the T per the grandfather rules
of DEP, and I believe also with the county. This goes back to the
grandfather status of the county for just the dock, not the lifts. We had
to bring it back to what was constructed back in the '80s.
CHAIRWOMAN HILLER: Can you just point --
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: Can you just -- can I just -- let me
interrupt just for one minute. Can you please point your pen to the
portion of the dock that has been removed so there's no ambiguity in
anyone's mind that that exists? It's not a T. It's an L where you have
the hatched area with where Josh's pen is moving back and forth no
longer existing because DEP said it was not acceptable.
MR. MAXWELL: I can put a line drawing up if that's easier for
everybody to --
COMMISSIONER COYLE: No. I understand it; it's just I
wanted to get a clarification as to specifically why it was --
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CHAIRWOMAN HILLER: It's not a T dock.
COMMISSIONER COYLE: Well, it was a T.
MR. MAXWELL: That was done also by the previous property
owners. That was done prior to the Wahls owning the property.
COMMISSIONER COYLE: Yeah, yeah, okay. Now, the --
Criteria No. 5 for the primary criteria is really something that needs to
be answered by the neighbors.
MR. MAXWELL: If you'd like, I can address it a little bit prior,
if you have some questions.
COMMISSIONER COYLE: Well, I -- the question really is that
-- is criteria in itself, whether the proposed location and design of the
dock facility is such that the facility would not interfere with the use
of neighboring docks.
And I'm looking at it, and in order for that -- the boater to the east
to get away from the dock, he's going to have to back up probably and
make about a 30- to 40- degree left turn to clear that piling that is out
in the water. That can be a little difficult, particularly with an
outgoing tide. So if I were that owner, I would say it certainly does
interfere with the use of my dock.
But let's go to the secondary criteria. Number 1, special
conditions that don't involve water depth. I'm not sure I understand
how the DEP limitation is a special condition for you.
MR. MAXWELL: You're talking about Secondary Criteria No.
1?
COMMISSIONER COYLE: Yeah, Secondary Criteria No. 1.
You should have known the requirements of DEP at the time the
property was purchased. I don't understand how that can be used as a
special condition. Certainly it doesn't fit any of the types of categories
that are suggested here, such as type of shoreline reinforcement,
shoreline configuration, mangrove growth, or seagrass beds. So I'm
not sure I agree that you meet Secondary Criteria No. 1.
Now, for Secondary Criteria No. 3, you've said you do not meet
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that criterion, and No. 4, again, is a rather subjective call whether the
proposed facility would have a major impact on the waterfront view of
neighboring property owners.
So a lot of this is going to depend on whether or not the property
owners agree with your assessment that it doesn't impact their use of
their dock or their view.
So we're going to have to get a clearer handle on those things,
because if those things are not true, then you fail the criteria.
MR. MAXWELL: ON correct, if they're not true.
COMMISSIONER COYLE: Yes.
MR. MAXWELL: But just for clarification, this boat dock
extension request is for the side lift only. And so I'd request that any,
you know -- any speakers that, you know, talk about their view restrict
it to the side lift and not the end lift, because that's not the lift that's in
question.
COMMISSIONER FIALA: Could we hear our speakers?
CHAIRWOMAN HILLER: Can you go ahead and call them?
MR. MILLER: Sure. I have two registered public speakers.
Arthur Spiegel. He'll be followed by Joan Evans.
CHAIRWOMAN HILLER: I don't believe Joan was here when
we were doing the swearing in, so please make sure you swear her in
before she speaks.
MR. SPIEGEL: Good day. My name is Art Spiegel. I live at
No. 4 West -- or I own 4 West Pelican, just down from the Wahls'
home.
Just a question. The letter that was read by Jerry Neuhaus earlier
from -- written by a neighbor, Tony Renaldi, he would like this part of
the record. Should I just give it to you in writing, or do you want me
to read it again?
CHAIRWOMAN HILLER: Just -- you can introduce it on the
record.
COMMISSIONER HENNING: Is he the neighbor to the east?
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MR. SPIEGEL: Yes. No, wait a minute. He is the neighbor to
the west.
COMMISSIONER HENNING: Okay, thank you.
MR. SPIEGEL: The neighbor to the east is Joan Evans, who will
speak in a moment.
CHAIRWOMAN HILLER: And where is your house relative to
the property?
MR. SPIEGEL: The letter writer is adjacent to it in the west.
CHAIRWOMAN HILLER: Josh, can you point to who's where?
MR. MAXWELL: Yeah, I'm sorry. It's a little off. This is the
letter writer.
COMMISSIONER FIALA: And where are the Wahls?
MR. MAXWELL: Here's an aerial overview. This is the letter
writer, this is the Wahls, this is Mrs. Evans' house, and this is your
speaker's house right here.
MR. SPIEGEL: Okay. Josh, you know, I think that if I had
hired you, you'd be saying things considerably differently, because
many of the things that you did say, in fact, can be debatable, very
debatable, certainly for sure whether it affects the ingress and egress
of boats by the neighbor, Ms. Evans, for instance. It is a major effect
there.
Does it affect the view? Well, you know, maybe that doesn't but,
collectively, the variance that you already got for the end boat affects
everybody's view within three houses on each side very dramatically.
Mine, in fact, being two houses down, if you look at the angle,
takes half of the view that I used to have of the gulf. I don't mind
losing a little if you stayed without a variance and stayed in your
guidelines. I lose it, I lose it; that's what it is. But I don't like to give
somebody -- or see somebody get a variance to be able to take my
rights.
CHAIRWOMAN HILLER: But we're not addressing the
variance here.
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MR. SPIEGEL: I know. I'm sorry.
CHAIRWOMAN HILLER: So it's important -- I think it's very,
very important, you know, so that we don't start discussing something
we're not considering --
MR. SPIEGEL: Okay.
CHAIRWOMAN HILLER: -- if you would stay limited to the
discussion.
MR. SPIEGEL: I'll very simply say it, because I only have a few
seconds.
CHAIRWOMAN HILLER: I'll give you more time to make up
for that. I won't take that away from you. But I just want to be clear,
we're not talking about the variance and we're not talking anything
about the impact except by the side lift.
Correct, Josh?
MR. MAXWELL: Correct.
CHAIRWOMAN HILLER: Clarify.
MR. MAXWELL: Correct.
CHAIRWOMAN HILLER: Thank you.
Go ahead.
MR. SPIEGEL: Well, then I'll be very short --
CHAIRWOMAN HILLER: And please give him more time.
MR. SPIEGEL: -- and sweet and simply say that the criteria
under Priority 1, No. 5, you very definitely, in my opinion and the
opinion of the neighbors, don't meet, and others are somewhat iffy.
Under the secondary, we feel that No. 4 is not met. I mean, there
is so much objectivity as to the plan that you have put here in front of
us, and it all boils down to trying to put -- and I hate to be repetitious,
but I'll do it. You're putting 50 pounds of potatoes in a 10 -pound sack.
A lot should have been purchased that was big enough to put two boat
lifts on comfortably, not 75 feet to put how many feet of boats.
You've already said that the number of linear feet of boats doesn't
meet the criteria here. You're saying yourself that you shouldn't have
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this dock, in my opinion.
Now, you know, this is a beautiful home, great home, fills every
square inch of what can be built on, an asset to the neighborhood, but
you can't take over all the water and put a junkyard down in front.
Thank you.
MR. MILLER: Your next public speaker is Joan Evans.
CHAIRWOMAN HILLER: Please swear Joan in.
MS. EVANS: I don't know what you want me to say. What I
said before.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRWOMAN HILLER: Thank you.
MS. EVANS: Should I read what I read before? I am Joan
Evans, property owner residing directly east of the Wahls' and most
adversely affected by their request for a variance, which has been
denied twice by the Planning Commission.
It is my property value and my riparian rights that will be
infringed upon unfairly due to their persistent unwillingness to abide
by the current existing zoning code.
Their repeated attempts to bypass the planning commissioners'
denials which were made after expending their expertise, time, and
their intelligent forethought to evaluate the ramifications of such a
variance, this truly is a blatant smack in the face of how Capri
property owners should be treated.
Just because they built a lovely, large new home and, obviously,
have the means to hire and pay for what they want does not give them
the right to be above the rules. To trod over my rights so they can
have two docks and declare it a hardship case is truly ludicrous and
unconscionable or both.
Please, let them support a local marina with their second boat.
Now, what if the next hurricane were to take down my dock and
seawall, which is an older one? I would have to adhere to the code
and, hence, should the Wahls greed to have two docks and excessive
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dock extensions into the river be approved?
My rights have been compromised unfairly. I cannot turn to my
other neighbor and now request that they give up some of their
riparian rights to accommodate me or my heirs' needs to rebuild my
seawall with a new parallel dock since they were already usurped by
the Wahls.
This, in summary, is plain injustice and leads me and those aware
of these proceedings to cry foul and political maneuvering at the very
least.
Please consider your decision with the respect for all and with all
the proper facts. For this, I will be very grateful.
If I can add a few more things. Can I? Okay. Doing what they
want to do now and asking for what they want to do now is infringing
on my property, and I would just like to -- I don't know much about
the law or anything else, and I abide by everything. And my view is
gone, and I understand that. In fact, not only is the view gone, but
they put up a fence and 10 -foot salon (phonetic) palms, so I couldn't
see through that. But that's not the law. They're eligible to do that.
But I want to just read one place here. The Florida Supreme
Court -- this was when I was wanting reconsideration. Thiessen
versus Gulf. Fronting of a lot upon navigable bay /river, its chief value
and desirability and the main inducement leading to purchase of the
land, riparian -- I'm over?
CHAIRWOMAN HILLER: Go ahead and just finish.
MS. EVANS: -- riparian rights are an essential ingredient to the
overall value of the corresponding upland property. Florida courts
have shown reluctance in separating the two, short of full
compensation or an express bilateral agreement.
This one here's very short. In Fried (phonetic), superior court
recognized the general right to relief against encroachments upon
riparian rights.
Thank you.
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CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Madam Chair, if I might, we did have one
speaker I called for public comment that I think it was Commissioner
Fiala surmised might be here for this.
CHAIRWOMAN HILLER: You can have a seat.
MS. EVANS: I'm hard of hearing.
CHAIRWOMAN HILLER: No, it's okay. You're free to have a
seat.
MS. EVANS: I'm through?
CHAIRWOMAN HILLER: Yes, thank you.
COMMISSIONER HENNING: I have a question for her when
she's --
CHAIRWOMAN HILLER: Do you want to ask her a question
now?
MR. MILLER: Ma'am? Joan, Commissioner Henning has a
question.
MS. EVANS: I'm too old for this.
COMMISSIONER HENNING: You're doing fine, thank you.
I do have a question, but I want to have the previous document --
or the proposed facility on the overhead.
Thank you, John (sic).
You see -- you see the proposed -- what they're proposing. It's
actually the boat lift. And is it the boat extension to the left, to the
right?
MR. MAXWELL: Yes. The extension to the right for lift on the
-- that's perpendicular to the shoreline.
COMMISSIONER HENNING: Do you understand what they're
proposing, ma'am?
MS. EVANS: This is me right here?
COMMISSIONER HENNING: Right, that's you.
MS. EVANS: And this is what they want to do. They don't have
enough room, according to the DEP, and that's why the only way they
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can do this is through Collier County, right?
COMMISSIONER HENNING: Well, let me ask you -- let me
ask a question. Stand up to the --
MS. EVANS: Okay.
COMMISSIONER HENNING: I think Commissioner Coyle is
right, that's how I read it; there are two criteria to make sure it doesn't
interfere with neighboring -- neighboring properties. I appreciate Mr.
Spiegel's comments, but these two criteria are really interpretative of
the application, staff, and you.
So I want to read this to you, and you tell me in your opinion
whether this statement is true or not, whether the proposed location of
the dock facility -- that's just the one towards you.
MS. EVANS: That's going to encroach on my --
COMMISSIONER HENNING: Well -- location and design of
the facility, and such a facility would interfere with use of your dock.
Do you feel that what's being proposed will interfere with the use of
your dock?
MS. EVANS: Uh -huh.
COMMISSIONER HENNING: Are you saying yes?
MS. EVANS: Yes.
CHAIRWOMAN HILLER: Which is her dock?
MR. MAXWELL: Hers is the one to the east.
CHAIRWOMAN HILLER: And how does that -- how does --
COMMISSIONER HENNING: Well, hang on.
CHAIRWOMAN HILLER: Okay. I just want to -- can you help
me, Commissioner Henning? Just -- as you go through this, can you
just go through it step by step?
COMMISSIONER HENNING: Sure.
CHAIRWOMAN HILLER: Because the only thing that we're
dealing with in this hearing is this clouded red area where you see the
bubble, right? That's all we're dealing with here.
MR. MAXWELL: Yes, ma'am.
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CHAIRWOMAN HILLER: Okay. Only this and only the lift
related to this area --
COMMISSIONER HENNING: Well --
CHAIRWOMAN HILLER: -- and the extension.
COMMISSIONER HENNING: -- that's where the proposed lift
is going. Okay. Well, thank you. Let me ask the question. Do you
see that area in the red kind of circled around there?
MS. EVANS: Right there.
COMMISSIONER HENNING: Yeah. Do you feel that that
would interfere with the use of your dock?
MS. EVANS: Yes, especially --
COMMISSIONER HENNING: Stand up to the microphone,
please.
MS. EVANS: Yes, yes.
COMMISSIONER HENNING: Okay. That's -- because I
believe Commissioner Coyle is correct, is, you know, the opinions of
staff and the applicant and you, being the neighbor.
Okay. Now, my next question, whether the proposed boat lift
that is within the red, will it interfere with your waterfront view? Do
you feel that that criteria will interfere with your view?
MS. EVANS: It will just add to the lessening of the view I have.
I have no view whatsoever, which is in front of me, and I agree to it.
That's the law.
COMMISSIONER HENNING: Okay.
MS. EVANS: However, they've gone ahead -- I could have had
a view even if I said, yes, go ahead, put the lift in on the side, but they
went ahead and planted great big salon (phonetic) palms. You can't
see through them at all. It was like, you know, what are you doing
that for? I mean, I don't hate these people. I mean, it seems like
they're doing everything they can to make life miserable for me.
But, anyway, I know that's not the law. But, yes, it would
interfere beyond what they've -- what already is.
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COMMISSIONER HENNING: Okay.
MS. EVANS: I feel like I'm looking at a shipyard out there. I
mean, the pilings are twice the size of what they were before, the
existing mooring pilings, and that's the way the Planning Commission
stated, I remember that exactly, that that's what they could do, tie up to
the existing mooring pilings. Well, they're twice as high, they're
different -- everything's different.
But I'm at a point where now I just -- I can't talk anymore. But
whatever the law is and whatever you have to do, do it. But it would
interfere more with everything.
COMMISSIONER HENNING: Thank you for your opinion.
MS. EVANS: Thank you.
CHAIRWOMAN HILLER: Did you say there was another
public speaker?
MR. MILLER: Well, we had called John Rogers under public
comment, and I think it was Commissioner Fiala who surmised that he
might be actually interested in this item.
CHAIRWOMAN HILLER: Where is he?
MR. SPIEGEL: I just received a text from him. He got a flat tire
on the way here. He's trying to be here.
MR. MILLER: He's got a flat tire, apparently, on his way back
to the building.
CHAIRWOMAN HILLER: Commissioner Henning, could I ask
you a question?
COMMISSIONER HENNING: Sure.
CHAIRWOMAN HILLER: Can you explain to me how this
boat lift -- and the only thing that we're considering is this clouded
orange area. How does that boat lift interfere with the -- any boat
leaving from the adjacent dock?
And just -- Josh, can you help me? On this adjacent dock, where
would the boat for that dock be moored? Would it be on the west
side? The east side? South side? Where would it be docked?
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MR. MAXWELL: For clarification, on Ms. Evans' dock, you
could put a boat shore perpendicular, moor it here, or you could put
one on the end, kind of a mirror image of what the Wahls have. And
she is also permitted to have two boat lifts or boat docks. The lifts
would require a boat dock extension.
CHAIRWOMAN HILLER: So how does the lift you're
proposing and this extension you're proposing interfere with a boat
leaving her dock? We don't feel that it does. There's approximately
44 feet between our mooring pile and Ms. Evans' dock, which is more
than adequate for any size vessel that she could moor here at this
location as far as a berth width.
CHAIRWOMAN HILLER: And in terms of leaving that dock,
she's bound within her property. So she's got that riparian line, and
nothing you're proposing is going over that riparian line?
MR. MAXWELL: Nothing we're proposing is going over the
riparian line or onto her property. But for clarification, you can cross
somebody's riparian line as far as access goes.
CHAIRWOMAN HILLER: And the setback, is the -- basically,
the setback between this lift and the riparian line on your clients'
property is adequate so as not to interfere with her ability to move a
boat out away from her dock considering the space she has to the
riparian line, plus the setback --
MR. MAXWELL: Yes.
CHAIRWOMAN HILLER: -- that you have available.
MR. MAXWELL: Where -- actually, the proposed boat lift is
closer -- is further away from the riparian line than the previous T
dock that's been there. Now, granted, that was not a permitted dock,
but she now would have more access than what she has had since the
'90s.
CHAIRWOMAN HILLER: In the past. And in terms of view, it
-- the criteria is a major impact on the waterfront view of the
neighboring property owner. So this boat lift is how large?
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MR. MAXWELL: It's 12 feet by 12 feet.
CHAIRWOMAN HILLER: Twelve feet by 12 feet. And how
high?
MR. MAXWELL: It's going to be -- the pilings are going to be
the same height as the rest of the pilings out there. I want to say
they're approximately 6 feet above the deck, and that is kind of a
traditional measurement for boat lifts so you can get the boat high
enough out of the water during hurricane situations.
CHAIRWOMAN HILLER: And you can basically see right
through that, correct? I mean, you basically have four pilings that are
6 feet high. And other than the pilings, if the boat is there, the boat
would obstruct the view, but in the absence of the boat, she has a clear
view?
MR. MAXWELL: She has a clear view of the boathouse that is
to the west. Let me move the exhibit so you can see.
CHAIRWOMAN HILLER: Because it has to be -- according to
the law, it has to be a major impact on the waterfront view. And I
want to see whether or not it's major, and I want to understand what
constitutes major.
MR. MAXWELL: And for clarification --
CHAIRWOMAN HILLER: Can you move it down so we can
see where her house is and draw -- use a pen to draw a line between
her house and the dock, or the bubble area.
Okay. But that's the -- all right. And where is her house relative
to that?
MR. MAXWELL: I believe this is a pool possibly or a patio, and
the house, I think, is in more of an L shape. But Mrs. Evans can
correct me if I'm wrong.
MS. EVANS: The pool is his house.
CHAIRWOMAN HILLER: What's that?
MS. EVANS: I don't have a pool.
MR. MAXWELL: Okay. Then this must be a patio, I'm sorry. I
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just saw a little bit of blue at the top.
CHAIRWOMAN HILLER: Is the house the yellow portion in
the corner?
MR. MAXWELL: Yes. Oh, in the staff report, Mr. Sawyer has
a much better view of the house.
CHAIRWOMAN HILLER: It's the yellow house in the far
corner?
MR. MAXWELL: Yes, ma'am.
CHAIRWOMAN HILLER: And the T. where you have the T,
the portion of the T to the right of the green is removed, correct?
MR. MAXWELL: Correct. The T is removed, and also please
note that typically when you're looking at the GIS aerials, that the
property lines are very far off. As you can tell here, the property line
is actually right along that hedge, not within the roof line of the
previous house.
CHAIRWOMAN HILLER: You know, it's very important to be
fair and objective. But looking at this, I have a really hard time seeing
where the - what is before us today interferes with her use of her
dock, and I have a hard time seeing where this lift creates a major
impact on her waterfront view.
I would find that not substantiated by any of the evidence shown
here. So I do feel that Criteria 5 and 4 have been satisfied by evidence
that's being presented.
Commissioner Henning?
COMMISSIONER HENNING: I was done.
CHAIRWOMAN HILLER: Oh, I'm sorry. Okay.
COMMISSIONER HENNING: No, don't be sorry.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm listening to all of this, and
I'm reading all of this material, and I find that in the primary criteria,
No. 1, really, they do not meet; No. 5, they do not meet. In the
secondary criteria, 3 and 4 they do not meet. So I have to tell you, in
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good conscience, I could not vote for this, so I'd like to make a motion
to deny.
MR. MAXWELL: For clarification, can you explain how we do
not meet Primary Condition 1 and the other conditions you claim we
do not adhere to?
COMMISSIONER FIALA: Sure. First of all, with 1. I think you
mentioned it yourself, the vessel isn't a primary means for their
transportation. They already have a vessel there, right?
MR. MAXWELL: Correct. Other than, you know, islands like
Keewaydin, that rule does -- that portion of that sentence does not
apply, but the rules itself does.
So looking at everything else besides the un- bridged barrier
island reference is what we are concerned with for this project.
MR. KLATZKOW: Commissioners, generally what we do is
close the public hearing, then you have debate.
CHAIRWOMAN HILLER: Okay.
MR. MAXWELL: May I address a few things from the public
comments before closing?
CHAIRWOMAN HILLER: Yeah. Well, I think it's essential
that -- I don't think we can have a debate till Josh has heard why
Commissioner Fiala objects to the arguments he has made on those
criteria so he can rebut.
COMMISSIONER FIALA: Well, I'm going to start at the
bottom. On No. 4 in the secondary criteria, I think it was more their
opinion what will affect and not affect waterfront views for
neighboring properties. And, of course, we're hearing from the
neighbors saying it greatly does affect their views. And, you know,
without us sitting in their houses, without us being there, with only
seeing a picture, we have nowhere to turn but to what the neighbors
are telling us. And I agree with that.
And let's see. And No. 3 -- oh, gosh, I wish I had my notes here.
CHAIRWOMAN HILLER: Number 3 is not a consideration.
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Under secondary, 3 is not one of the arguments, I'm sorry.
COMMISSIONER FIALA: Five, I'm sorry. I'm looking at 5,
proposed location will not -- oh, there we go back with the
neighboring docks again -- will not interfere with the use, but now
they're saying it will. And, again, I don't know. I don't know how --
I'm not a boater. I don't even own a boat nor ever have. So I don't
know if they can get in and out, but from what I understand, you have
to have plenty of room to get in and out just because of wind and so
forth.
So I don't think that this is a criteria that -- maybe it's in your
view and maybe it isn't in their view. So that leaves me some concern.
And then exceeds 50 percent of the subject property's linear
waterfront footage.
CHAIRWOMAN HILLER: Go ahead. Which one is that?
COMMISSIONER FIALA: That's 3. I don't know. I just --
CHAIRWOMAN HILLER: I don't -- what's wrong with 3 under
primary?
COMMISSIONER FIALA: I don't know that it does.
CHAIRWOMAN HILLER: Well, here's the problem. The
Walshes (sic) have not presented any evidence to show that they -- it
would interfere with their ability to use their docks.
COMMISSIONER FIALA: The Wahls, did you say?
CHAIRWOMAN HILLER: Whoever lives in the yellow house.
MR. MAXWELL: No, Mrs. Evans does.
COMMISSIONER FIALA: Mrs. Evans.
CHAIRWOMAN HILLER: The neighbor. Okay, yeah,
whoever it is. But the yellow house, the neighboring property hasn't
presented any evidence to show that it doesn't inter -- that, you know,
that putting that lift there would interfere with their ability to use their
docks nor have they shown that --
COMMISSIONER FIALA: But it sure does mention -the view.
CHAIRWOMAN HILLER: No, they haven't shown anything to
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demonstrate that it would have a major impact on their view. In fact,
you can see that the way they -- their house is positioned and they
look straight -- I mean, again, unless there's evidence presented to
refute what he's presented, it's not rebutted. It can't just be a matter of
opinion. We have to have evidence to show it, and nothing has been
presented. No photographs have been presented to show that --
COMMISSIONER FIALA: From either side.
CHAIRWOMAN HILLER: Well, I think they're showing -- it's
not for them. I think they've established very clearly by the location
of where they are, and they've shown that this house over here clearly
has unfettered views going straight out and will have limited
obstruction, because they're talking about a 12 -by -12 lift, which is a
very small area with pilings that are 6 feet high. I mean, that is not --
when you see how -- if you look at the angle -- I mean, I'm showing
you here on the screen so the public can't see what I'm showing you.
All of this view is unfettered.
COMMISSIONER FIALA: It depends on where you're looking
from and to, I would guess.
MR. MAXWELL: May I put a zoomed -out aerial just so you
guys can look at their view --
CHAIRWOMAN HILLER: I just don't see it.
MR. MAXWELL: -- of the channel?
CHAIRWOMAN HILLER: I mean, it can't be just a matter of
opinion, you know. You have to be able to show that there is a major
impact on the waterfront view, and I don't see any evidence of that.
COMMISSIONER HENNING: Well, may I interject here?
CHAIRWOMAN HILLER: Uh -huh.
COMMISSIONER HENNING: Somebody correct me if I'm
wrong. Criteria No. 5 and Criteria No. 4 is objective. And the
objective --
CHAIRWOMAN HILLER: Objective, not subjective; objective.
COMMISSIONER HENNING: Well, okay. Let me just say
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subjective and depends on who.
CHAIRWOMAN HILLER: No. It has to be objective, not
subjective.
COMMISSIONER HENNING: Well, okay. Then we need an
interpretation from our interim director of zoning on this. Because the
way I read it, it is who has -- you know, it's an opinion.
COMMISSIONER FIALA: Yes.
COMMISSIONER HENNING: It is somebody's opinion. Now,
does the zoning director, who, you know, goes to the property and
says, well, it meets this criteria, looks at an overview, or is it the
person who lives with -- or lives next to the proposed improvement?
MR. BOSI: There are a number of criteria that are objective, as
the Madam Chair has stated, such as whether there's seagrass within
200 linear feet of the subject property. That's definitive, can be --
COMMISSIONER HENNING: Objective.
MR. BOSI: -- quantifiably stated whether it meets it or not.
There are other criteria that most certainly are subjective, and it's the
individual's perspective that influences what that conclusion will be.
And, ultimately, you have to utilize the dimensions of the properties,
the locations of the proposed facilities, how the house sits within the
adjacent properties, and try to make your own subjective
determination as to whether these criteria would be triggered.
CHAIRWOMAN HILLER: Well, it really is an objective
criteria then --
COMMISSIONER HENNING: Is No. 5 --
CHAIRWOMAN HILLER: -- because you're looking at facts.
COMMISSIONER HENNING: -- of the primary and No. 4
subjective? Either /or, and/or?
MR. BOSI: Well, No. 4 says whether the proposed dock facility
COMMISSIONER HENNING: No, no, no. I'm sorry, No. 5 of
the primary.
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MR. BOSI: Well, that's subjective, I believe.
COMMISSIONER HENNING: Okay. Number 4 of the
secondary.
CHAIRWOMAN HILLER: How could that --
COMMISSIONER HENNING: Hang on, please. Is No. 4
subjective of the secondary?
MR. BOSI: That is most certainly subjective.
COMMISSIONER HENNING: In whose eyes? Yours?
MR. BOSI: Each one who's drawn the conclusion.
COMMISSIONER HENNING: Pardon me?
MR. BOSI: Each individual who draws that conclusion would
have their own subjective opinion as to what the answer to that
question would be.
COMMISSIONER HENNING: Would that be myself or
Commissioner Fiala, Commissioner -- the chairman?
MR. BOSI: Ultimately it would. Ultimately the Board of
County Commissioners makes the final arbitration within these
decisions as to whether -- if there's a number of different opinions
expressed upon how they feel that this criteria has been satisfied,
ultimately your decisions would be the arbitrators.
COMMISSIONER HENNING: Okay. Can we accept or reject
anybody who gives testimonies on the subjectivity of these two
criteria?
MR. KLATZKOW: It's up to you.
COMMISSIONER HENNING: Okay. It's up to me?
MR. KLATZKOW: Yes, sir.
CHAIRWOMAN HILLER: I have to beg to differ. Your
interpretation, Mr. Bosi, that it's a subjective question as to whether or
not these boats, the neighbor's boat, whether their access is interfered
with or the use of their dock is interfered with, I see no evidence
whatsoever that suggests that there is any interference with the use of
their docks at all.
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I mean, they're not encroaching on their property, they're not
blocking their ability to leave that dock. Those are objective
questions. I mean, there's no subjectivity in that.
MR. BOSI: The objective aspect of that question would relate to
the distance between the neighboring dock facility and the riparian
line of the adjoining property. I guess the subjective portion of that
would be if you've ever launched a boat from the facility, if wind and
different conditions -- those are subjective analysis that are brought in
combination with an objective analysis and, therefore, that's how a
determination would be made within those questions.
I don't think each one of these questions has a layer or a level of
whether it's purely objective or purely subjective.
CHAIRWOMAN HILLER: Well, I mean, you can't ignore the
facts.
MR. BOSI: And I would never suggest so.
CHAIRWOMAN HILLER: But you can't sit there and say, oh,
well, it interferes because it's different.
COMMISSIONER FIALA: But the presenter itself said "in our
view" or --
CHAIRWOMAN HILLER: That's just not fair.
COMMISSIONER FIALA: Well, "in our view" means it's
subjective and -- because they might feel one way. And feeling about
something is about the subject rather than the object.
And I have to believe -- I have to go along with what
Commissioner Henning just said, and -- because I believe they are
subjective. And you don't know how they're going to feel, as I said
before, unless you're standing in their shoes and sitting in their house.
So, again, I cannot vote for it. I do have a motion on the floor to
deny.
COMMISSIONER COYLE:
COMMISSIONER FIALA:
CHAIRWOMAN HILLER:
I'll second.
Thank you.
Josh, you have to be able to rebut
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this. And if you're not able to rebut the subjective interpretations of
Commissioner Fiala and Commissioner Henning, you're going to lose.
MR. MAXWELL: I'd be more than happy to. To date nobody
has been able to show any evidence of how this project -- how the
proposed side -lift would affect the ingress /egress of their boat slip. For
instance, if they were going to moor to their -- let me switch the
aerials out. This was more for -- actually, let me address the view first
since this aerial is up.
This proposed dock, especially the lift in question, does not block
any neighbors' view of the Big Marco River. Traditionally, the view
is looked upon as a view of waterway within their riparian rights. And
the riparian rights in this instance are an extension of the property line.
CHAIRWOMAN HILLER: Is that the law?
MR. MAXWELL: I cannot give any testimony on that, as I am
not a surveyor, and a surveyor is the only person who can --
MR. KLATZKOW: You have criteria here. These are
board - approved criteria. They're unique to Collier County. So it's
how you are interpreting your own ordinance here.
CHAIRWOMAN HILLER: Well, there has to be standards that
apply. We can't just arbitrarily, you know, look at every boat -- every
question like this in a different manner without having underlying
standards that guide us.
MR. KLATZKOW: You do. You have criteria here.
CHAIRWOMAN HILLER: Yeah, but what are the underlying
standards behind the criteria? Is it what Josh says that, you know,
major impact is, you know, if your view within your riparian rights is
impaired?
MR. KLATZKOW: Commissioners, ultimately, you're acting as
triers of fact here. You've heard testimony on both sides, you have
your board - approved criteria. You take the testimony that you heard,
take it to that criteria, and make your own decision.
CHAIRWOMAN HILLER: Well, then we have a problem with
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the criteria. Then there's a fundamental problem with the law, because
the law is absolutely ambiguous and vague. And if we don't have
clear criteria that gives everyone, you know, a fair understanding of
what they're being judged by, then we can't apply this law.
I mean, major impact is not defined. Interfering with use, you
know, how is that defined? I mean, we've got major problems here.
MR. KLATZKOW: Well, okay. With board direction, staff can
come back another time, and we can relook at this ordinance. But at
this point in time, this is a lawful ordinance.
CHAIRWOMAN HILLER: Well the problem is is it's subject to
challenge by the petitioner for being void for vagueness.
MR. MAXWELL: And just for clarification, my interpretation
of view is just what is -- is what is provided by Department of
Environmental Protection.
I'm not a surveyor so, therefore, I cannot give a professional
determination on riparian rights or anything thereof, but I can give you
my view of it.
And so as far as I understand it, the main purpose of view is what
is in between your riparian rights. But also, if you look at the aerial
that's presently up on the screen, the proposed boat lift in question
would only block Ms. Evans' view of the boathouse that is immediate
west of the property. It does not affect her view of the Big Marco
River.
So, therefore, it is in my opinion, as the applicants' agent, that
this does not in any way -- this boat lift does not in any way affect the
view of either riparian neighbor, especially of the Big Marco River.
They have full, unobstructed view. The only thing obstructing their
view of the Big Marco River is their own docks. So, therefore, I feel
that there is no impact to anybody's view.
Now, that is obviously -- views itself, I believe, like
Commissioner Hiller said, unless somebody can present a fact of how
it obstructs their views, which nobody's been able to show anything
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objective of how it does, I feel that it's completely up to what's
presented, which is only this aerial, and this aerial shows that her view
from her dock is of the boathouse to the west.
CHAIRWOMAN HILLER: Yeah. We absolutely have to see
the evidence to support the assertion that there is an obstruction of that
view, and there is no evidence that's been presented.
Kindly address the interference with use of the dock.
MR. MAXWELL: Yes. Talking about interference of the use of
the dock, previously the T dock that's been in place since the '90s is --
was within the setback even further than what is allowed by the
variance that's been approved for this boat lift.
So, therefore, if this boat lift is going to negatively affect the
access, I had questioned how because we're further away from the
riparian line than what's been there for approximately 20 years.
Also, I question how can you not access the perpendicular
mooring location of her dock when you have over 44 feet between the
Wahls' proposed boat lift piles and the edge of her dock. Forty -four
feet is as wide as some channels.
I feel that it's very unfair to think that you cannot access your
boat within 44 feet. I mean, especially considering, you know -- I
mean, you take 9.3 feet away from that, approximately 9 feet for easy
math, you're talking about 35 feet to her riparian line; thirty -five feet, I
mean, that's enough -- you can fit a 95 -foot vessel in. That's enough
berth width for a 95- foot -wide boat, which, obviously, would require a
boat dock extension, as far as the county's concerned, but there is
ample room to fit whatever size vessel she has.
For instance, if this was a marina instance, they would share a
mooring pile between their two slips. So how can a marina boat
owner access his slip when there is a mooring pile on each side? For
instance, if you go down the waterway to La Peninsula, there's
mooring piles on each side of their boat lift, and those boat owners are
able to access their slips.
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How are the Wahls able to access this boat slip that we're
proposing where the lift is with pilings on each side and Ms. Evans not
able to use her 35 feet of her riparian rights to access hers?
I personally do not see how access to any of the neighboring
structures is impeded upon by what we propose.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yeah. Josh, what is the purpose of
the 15 -foot setback here? How is that in play in the decision, if at all?
MR. MAXWELL: The 15 -foot setbacks are -- if we could move
the dock to the left, we would not even need the variance, and there
would be even more room. But the fact is, we cannot move the dock
per the DEP's rules. So, therefore, we have to come, you know, a little
-- just less than 6 feet into the side setback for this proposed boat lift.
Now, for clarification, it was determined at previous hearings that
the boat can moor there. I can put that boat there, but I can't -- you
know, I need your permission to put that lift.
COMMISSIONER NANCE: To put a structure?
MR. MAXWELL: To put the structure. And I already have the
previous board's permission to put the pilings in as far as my reduced
side setback. And today we're here asking for the revised -- or for a
new boat dock extension petition specifically for that lift.
COMMISSIONER NANCE: Those piles that are shown in the
aerial are new piles that are out seaward of the dock?
MR. MAXWELL: Seaward of the -- are you talking about the
pilings to the east of the dock for the lift that's in question?
COMMISSIONER NANCE: No. I'm talking about the piles that
are out in -- farther out in the --
MR. MAXWELL: Those have been removed. Those were the
previous mooring piles with the old dock.
COMMISSIONER NANCE: Those all were vacated when the
little extension -- okay.
MR. MAXWELL: Yes. And our proposed -- our proposed --
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our previous BDE is closer to the shoreline, as you can see in this
aerial, than what has been there since the '90s and '80s. I am not 100
percent sure when those pilings were installed. But the fact of the
matter is, those pilings were not required to be removed when the
Wahls brought their dock into compliance.
And so this dock, this structure, this design is less constrictive to
the neighbors than what's been there for approximately 20 to 30 years.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Jeff, this only requires a simple majority, right? Yeah.
As a boater -- and I've seen a lot of different boaters on the water,
some I wish I wasn't on the water when they were on the water. But
looking at -- there is -- the clearance between the two facilities, as you
stated, was 44 feet.
And if you have a strong outgoing tide and some inexperienced
boater was moored next to the dock with the bow inward backing out,
they can't see anything until they clear, in my opinion, that first lift;
the proposed lift, they could not see if anybody was coming in or east,
and it could be -- it could be a hazard enough where a -- the owner
may not want to use part of her dock because of the potential hazard.
And like I said, I've been out there many a times when you just --
you cringe on some of the things that people do, especially on the
Great Dock Canoe Races; is that right, Josh?
MR. MAXWELL: It's coming up, and it's crazy.
COMMISSIONER HENNING: It is Josh, right? Or is it John?
Williams.
MR. MAXWELL: Joshua William, yes.
COMMISSIONER HENNING: Williams, William.
MR. MAXWELL: Maxwell, Joshua William Maxwell.
COMMISSIONER HENNING: So as you've been out there, the
great dock boat race down at Keewaydin, all that, throwing all those
dollar bills at those woman and seeing all those people out there.
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MR. MAXWELL: Oh, of course, every time. No. We go out
and have a law abiding time. We don't throw any money or anything
else at anybody else.
COMMISSIONER HENNING: But you've seen plenty of
people out there that you --
MR. MAXWELL: Oh, on any given weekend you can be on any
part of Collier County's waters and see inexperienced boaters running
aground outside of channels, you can see inexperienced boaters
running pilings at bridges, you can see inexperienced boaters running
into their own docks in some instances. You can also see
inexperienced boaters, you know, breaking their lifts, breaking their
boats. I mean, there's --
COMMISSIONER HENNING: Could a neighbor be an
inexperience boater?
MR. MAXWELL: Anybody can be an inexperienced boater.
But, personally, I don't think, as a boater, that you -- in an area like
this, if you don't know how to drive your boat -- for instance, if you
buy a boat from Naples Boat Mart, I believe they used to, and they
might still, have a captain that will show you how to run your boat and
operate it. And also, there's plenty of captains around town that will
do that. And if you're in an area where you have some swift currents
like this, I strongly recommend it for any inexperienced boater.
CHAIRWOMAN HILLER: But, I mean, are we -- do we --
COMMISSIONER HENNING: At Naples Boat Mart? They're
one of the premier boat sale --
MR. MAXWELL: Anybody that has a Grady White or a --
COMMISSIONER HENNING: Or Sawyer's Marina, right?
MR. MAXWELL: Yep.
CHAIRWOMAN HILLER: Do we approve these things based
on the experience of the boaters?
MR. MAXWELL: I don't think traditionally that's what's been
used to deny or approve.
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CHAIRWOMAN HILLER: I don't think so either. I think it's, in
fact, very dangerous to start using that as a criteria.
MR. MAXWELL: But also -- but going back to that, I asked, if
this was a marina instance and you had only a mooring pile separating
two boat slips, all over the county, including La Peninsula, which is on
this waterway, boats are within feet of each other, and they access
their boats as needed.
Now, do they plan it on the tides? Do they plan it on wind? I
don't own a slip there. I don't own a boat there, so I can't explain that.
But, traditionally, with a lot of boat lifts in this area, whether it's
the shallow water or the current, you boat dependent on the weather
conditions and when it's safe for you to go in and out.
And if you have to come in when there's a strong outgoing tide, I
feel there's plenty of room, considering that other members -- you
know, other boaters on this waterway are able to put their boats on and
off.
CHAIRWOMAN HILLER: Thank you very much.
It appears there's no further discussions on this matter?
MR. OCHS: Madam Chair, I'm sorry. Would you like to hear
from staff briefly?
CHAIRWOMAN HILLER: Would the board like to hear from
staff?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: Yes.
MR. MAXWELL: Also, may I have the chance to discuss the
public speakers' comments? Do I have a chance to respond to that
before the --
CHAIRWOMAN HILLER: You should have the opportunity.
MR. SAWYER: Briefly. Again, Mike Sawyer with Collier
County zoning and planning, project manager.
We are recommending approval of the appeal consistent with our
previous findings of the petition with the boat dock to the Planning
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Commission.
Again, we found that they are meeting four of the five primary
and, of the secondary, one of the criteria is not applicable. They are
meeting four of the five remaining.
CHAIRWOMAN HILLER: Thank you very much.
MR. SAWYER: Be happy to answer any questions that you
might have.
CHAIRWOMAN HILLER: Does the board have any questions
of staff?
(No response.)
CHAIRWOMAN HILLER: No, it doesn't appear that they do.
MR. SAWYER: Thank you.
CHAIRWOMAN HILLER: Thank you.
Would you like to address the concerns of the public speakers?
MR. MAXWELL: Yes, please.
Let me just clarify with Mr. Spiegel or -- I'm sorry if I messed up
your name.
The variance is not in question, and that was for the side setback
only --
CHAIRWOMAN HILLER: Yes.
MR. MAXWELL: -- and that has already been approved.
CHAIRWOMAN HILLER: The other issue was, I believe there
was some reference made by the other speaker about a hardship. A
hardship is not a consideration here.
MR. MAXWELL: Correct. He also spoke of Primary Condition
5, which he felt we did not meet, and Secondary Condition No. 4.
Primary Condition 5 is -- well, we've already talked about many -- you
know, throughout the last few minutes about access, and I think I've
addressed that adequately.
And then Secondary 4 is referring to the views, which I think we
have vetted out quite extensively.
So -- and like I said before, if we could have moved this dock, we
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would have, and we wouldn't need the riparian -- you know, the
setback variance, which we've already been permitted, and we would
be able to give Mrs. Evans another 5.7 feet, only another 5.7 feet,
from the Wahls' setback line to put this lift, but we cannot do that
simply because of the rules for the State of Florida.
Referring to Mrs. Evans' comments, riparian rights are not
affected. This project does not in any way cross her riparian line. The
Wahls do not even truly need to access or cross her riparian line.
Like, for instance, if this was a pie- shaped lot, they can pull directly in
and out of both slips.
Now, when you get to the riparian lines further out from the
structures, everybody has to cross everybody's riparian lines. When I
put my boat in at 951 ramp, I have to cross everybody's riparian lines
because they continue out into the waterway.
But this project does not cross, this lift does not cross her riparian
lines. She's repetitively mentioned two docks. We are proposing two
lifts and only one dock. We already have permission for the one lift
and one dock, so today we were asking for permission for the one
additional lift.
Our dock should not and will not interfere with the installation of
her seawall or a new marginal dock or to replace her existing
L- shaped dock. Kind of my reasoning behind that is if the Wahls'
structure would interfere with her installing her seawall and dock, then
how was Marker Marine Construction and Southern Exposure able to
rebuild the Wahls' dock? It's primarily a mirrored dock of what Mrs.
Evans has, and also the seawall's almost -- you know, is identical to
what Mrs. Evans has.
So how were they able to do it? And how will the Wahls' project
interfere with Mrs. Evans' ability to do it?
As I stated before, we are only coming into the setback. We are
not crossing her riparian line, in which we already have approval with
the variance.
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And referring to her view, her view to the west of this slip, of this
proposed boat lift is of a boathouse, and so that's what we -- if there is
any view being impacted, is that of a boathouse.
And existing mooring piles, she was claiming that, you know, we
are too far out into the water. We're closer in than the mooring piles
that have been there for over 20 years; and so, therefore, I do not feel
that we will be interfering with her access, her view. I mean, this is a
less impacting dock than what has been there traditionally for the last
20 to 30 years.
So if you have any other questions of me, I'd be happy to answer
them. But, you know, we're requesting that you revise your motion to
approve this boat dock extension as recommended by staff.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I -- when we first voted for the
riparian lines -- and at the time I was under the understanding that we
were helping them to use their dock because of situations that they
were incurring, but they would not be asking for anything else.
Now, we heard a lot of rumors that they would be coming back to
ask for more, but I felt that they deserved that. And I feel really
uncomfortable with this because it did come back.
I wanted to give them the benefit of the doubt, but I do not want
to give them any more benefit of the doubt when I see that it's going to
be hurting the neighbors, that we've gotten many, many letters from
Isles of Capris from the people in that area and talking of their
concerns, talking of their views, and I just feel that that -- we tried to
help these people once, and -- so that they could at least use their dock
and so forth, but now when they put a lift up there and they've got a
30 -foot boat covering, you know, up in the air so the people can't even
see, I just don't think that that's right at all.
And so my motion stands.
CHAIRWOMAN HILLER: But again --
MR. MAXWELL: May I ask a question?
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CHAIRWOMAN HILLER: Go ahead.
MR. MAXWELL: How -- I'm just -- I'm confused because this
is the exact same plan that was before you for the variance, of which
you voted in approval for.
COMMISSIONER FIALA: But the variance is -- you know, we
did that, right?
MR. MAXWELL: Right, but that's the only thing that's been in
COMMISSIONER FIALA: But we didn't talk about the boat lift.
MR. MAXWELL: -- front of this -- no, the variance was for the
boat lift piles. That's what the variance was for.
COMMISSIONER FIALA: But the piles, right. But all of a
sudden now things have -- in my view, have changed. We were just
voting on the riparian lines, right?
MR. MAXWELL: You were voting on the reduced side setback
from 15 to 9.3 feet of which was to encompass this boat lift and piles,
which was shown on those plans. This boat lift is nothing new. This is
what's been proposed since the initial BDE.
COMMISSIONER FIALA: Did you propose the boat lift at that
time?
MR. MAXWELL: Yes, ma'am. I have the drawings if you'd like
to see them.
COMMISSIONER FIALA: You proposed the boat lift?
MR. MAXWELL: Yes, ma'am.
COMMISSIONER FIALA: Why are we voting on it now?
MR. MAXWELL: The reason why we're voting on it now is the
initial boat dock extension application had the dock you see here and
these two lifts both shown. At the CCPC hearing, they said they
would not support the variance and that they recommended that we
take the side lift off and come back on consent agenda with just the
dock and the lift at the terminal platform, of which we complied to,
because we wanted to get the Wahls a dock and lift to -- you know, at
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least so that they could have one boat on the water, but the goal is two.
Of most boaters, we have great offshore fishing, great inshore, and a
lot of boaters around the county love the fact of having a fast boat and
a deep feed so that they can enjoy all aspects of Collier County, not
just one or the other.
And so we came back on consent agenda, and we got approval
for the dock and the proposed lift at the end of the terminal platform.
As far as the side setback, the BDE did not give approval for that.
What we came before you --
COMMISSIONER FIALA: What is BDE? Oh, boat dock
extension.
MR. MAXWELL: No, BDEs; yeah sorry, boat dock extension.
What we came in front of you was you guys hear all variances --
CHAIRWOMAN HILLER: We have to take a break for the
court reporter. So if you have anything further to say, if you could
wrap it up.
MR. MAXWELL: I was just going through the rest of the time
frame, and I can wait till after the break, if you --
CHAIRWOMAN HILLER: I think what we're going to do is, if
there's no further discussion on the board, if you've made your case, I
think we're going to close this hearing and take a vote.
MR. MAXWELL: I have just a short little remainder to keep us
through, if that's fine, or I can do that after the break.
CHAIRWOMAN HILLER: If you could hurry up and get it
done. I don't mean to rush you through this, but we've spent a
tremendous amount of time on this --
MR. MAXWELL: I agree.
CHAIRWOMAN HILLER: -- and we need to move on.
MR. MAXWELL: I agree. Basically, in closing, we came to
you for the variance of which you guys -- the old commission
approved, and so what -- we talked with the County Attorney Office,
and we had to get another boat dock extension petition approved in
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order to put this side setback in, of which the variance included. And
so we submitted another boat dock extension.
Now, we brought it to the same board that didn't approve -- the
same Planning Commission that did not approve of the variance and
so, therefore, I was not surprised that they denied our second boat
dock extension, which then brings us to this appeal. We're appealing
their decision on the boat dock -- the boat lift, the boat dock extension
for the side lift, that they did not approve of the variance of which you
did approve, and I'm not surprised that they did not approve the -- this
boat dock extension this time.
That's why we're in front of you is for this boat lift that you guys
voted on and approved under the last Board of County
Commissioners.
CHAIRWOMAN HILLER: Okay. Thank you very much, Josh.
I'm going to close the hearing and then call the question.
All in favor?
COMMISSIONER NANCE: Let's repeat what the motion is.
CHAIRWOMAN HILLER: The motion is -- Commissioner
Fiala made a motion to deny, and it was seconded by Commissioner
Coyle.
So all in favor of Commissioner Fiala's motion to deny.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Any opposed?
Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: What?
CHAIRWOMAN HILLER: What's your vote?
COMMISSIONER HENNING: I voted with him. I mean, it was
the same time.
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CHAIRWOMAN HILLER: Oh, okay. I'm so sorry.
COMMISSIONER HENNING: Here's the reason why. I believe,
as I stated in the first hearing, there was no hardship for what was
proposed, the boat dock extension; however, in some people's eyes,
there may be a limitation of the neighboring use's dock, but that isn't
what the criteria says. It says interference with the use.
And if you use the side of the dock that goes perpendicular with
the waterway, I would say even an inexperienced boater could use that
on an outgoing tide and still be able to see any boats coming, but --
COMMISSIONER FIALA: You've never seen me drive a boat.
COMMISSIONER HENNING: Yeah. The whole issue is, to
begin with, as I questioned, I didn't see a hardship; however, I
supported what you wanted, Commissioner Fiala.
But if it would have come up again and you didn't support -- in
fact, I think you wanted to reconsider it and couldn't, I would support
that because I didn't see a hardship. But it was in your district. The
problem is the plain language of our ordinance; I can't see where it has
interference.
CHAIRWOMAN HILLER: So then I need a motion. I need a
new motion, because that motion failed.
COMMISSIONER HENNING: Well, no, I make a motion that
we approve the --
CHAIRWOMAN HILLER: Staff s recommendation?
COMMISSIONER HENNING: No. It's the appeal.
CHAIRWOMAN HILLER: Or for the appeal.
COMMISSIONER HENNING: We approve the appeal and find
that it meets the primary and secondary --
CHAIRWOMAN HILLER: Criteria.
COMMISSIONER HENNING: --criteria.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
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(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries 3 -2 with
Commissioners Fiala and Coyle dissenting.
All right. We're going to take a 10- minute break and come back
for the -- what was a 2 o'clock time - certain on the Fletcher lease.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: The next item on the agenda,
County Manager?
Item #I OF
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS EXECUTE A FIXED TERM LEASE WITH
FLETCHER FLYING SERVICE INC. ( "FLETCHER ") AT THE
IMMOKALEE AIRPORT FOR HIS CURRENTLY OCCUPIED
BULK HANGER, STORAGE UNIT AND STAGING AREA; THE
LEASE BE THE BOARD ADOPTED STANDARD LEASE
CONTRACT, TO FURTHER INCLUDE THE FOLLOWING
PROVISIONS: (A) THE TERM SHALL BE FOR10 YEARS; (B)
CURRENT RATE BE SUBJECT TO ANNUAL ADJUSTMENTS
INDEXED TO THE CPI; (C) THAT IN THE EVENT THE SPACES
LEASED BY FLETCHER ARE NEEDED FOR AIRPORT
DEVELOPMENT, THAT FLETCHER WILL BE PROVIDED
WITH EQUIVALENT FACILITIES /LAND AT IMMOKALEE
AIRPORT UNDER THE SAME TERMS AND CONDITIONS OF
THIS LEASE; (D) THAT FLETCHER WILL BE RESPONSIBLE
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April 23, 2013
FOR ROUTINE REPAIR AND MAINTENANCE OF LEASED
PREMISES AND THAT THE COUNTY WILL REMAIN
RESPONSIBLE FOR ANY REPAIR OR IMPROVEMENT THAT
EXTENDS THE LIFE OF THE LEASED PREMISES (CAPITAL
IMPROVEMENTS); (E) FLETCHER INVITEES ARE GRANTED
AIRPORT ACCESS ON SAME TERMS AND CONDITIONS AS
ALL OTHER INVITEES TO THE AIRPORT; (F) FLETCHER' S
AIRPORT ACTIVITIES ARE VIDEOTAPED TO A SAME
DEGREE AS ALL OTHER TENANTS AND INVITEES ARE
VIDEOTAPED, AND NOT MORE; (G) THAT FLETCHER BE
ALLOWED TO HOT FUEL HIS PLANES AS WOULD BE
ALLOWED AT SIMILARLY SITUATED RURAL AIRPORTS,
ON REASONABLE TERMS, REQUIRING FLETCHER TO
COMPLY WITH ALL APPLICABLE HOT FUEL SECURITY
STANDARDS; (H) T FLETCHER BE ALLOWED TO LAND ON
DESIGNATED GRASSED AREA OF THE AIRPORT APPROVED
BY THE BOARD OF COMMISSIONERS, AS WAS PERMITTED
UNTIL MOST RECENTLY AND IS TYPICAL FOR SIMILARLY
SITUATED RURAL AIRPORTS; (I) ANY COMPLAINT
INTENDED TO BE FILED WITH OUTSIDE AGENCIES BY
AIRPORT MANAGEMENT AGAINST FLETCHER MUST FIRST
BE APPROVED BY MAJORITY VOTE OF THE BOARD OF
COMMISSIONERS. THE PROPOSED LEASE BE DRAFTED BY
THE COUNTY ATTORNEY TO INCLUDE PROVISIONS, AS
LISTED AND EXECUTED BY THE COUNTY BY APRIL 26,
2013 — MOTION TO HAVE COMMISSIONER HENNING, THE
COUNTY ATTORNEY, MR. CURRY, MR. FLETCHER AND HIS
ATTORNEY TO WORK TOGETHER AND BRING BACK A
LEASE AGREEMENT AT THE SECOND MEETING IN MAY —
APPROVED
MR. OCHS: Yes, ma'am. It's a 2 o'clock time - certain hearing
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Apri1235 2013
for Item l OF. It's a recommendation that the Board of County
Commissioners execute a fixed -term lease with Fletcher Flying
Service, Incorporated, at the Immokalee airport for his currently
occupied bulk hangar, storage unit, and staging area, that the lease be
the board - adopted standard lease contract to further include the
following provisions:
A, a 10 -- excuse me -- a term shall be for 10 years;
B, that the current rate be subject to annual adjustments indexed
to the CPI;
C. that in the event that space is leased by Fletcher or needed for
airport development, that Fletcher will be provided with equivalent
facilities and land at the Immokalee airport under the same terms and
conditions of this lease;
D, that Fletcher will be responsible for routine repairs and
maintenance of the leased premises, and that the county will remain
responsible for any repair or improvement that extends the life of the
leased premises, i.e., capital improvements;
E, that Fletcher invitees are granted airport access on the same
terms and conditions as all other invitees to the airport;
F, that Fletcher's airport activities are videotaped to the same
degree as all other tenants and invitees are videotaped, and not more;
G, that Fletcher be allowed to hot fuel his planes as would be
allowed at similarly situated rural airports on reasonable terms
requiring Fletcher to comply with all applicable hot fuel security
standards;
H, that Fletcher be allowed to land on designated grassed areas of
the airports as approved by the Board of County Commissioners as
was permitted until most recently and as is typical for similarly
situated rural airports;
I, that any complaint intended to be filed with outside agencies
by airport management against Fletcher must first be approved by
majority vote of the Board of County Commissioners. That the
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April 23, 2013
proposed lease be drafted by the county attorney to include the
provisions as listed and executed by the county by April 26, 2013.
This item was brought onto the agenda by Commissioner Hiller.
CHAIRWOMAN HILLER: Thank you.
To begin, I want to clarify that when I say that the
recommendation is by the Board of County Commissioners, I mean to
say the Board of County Commissioners acting as the airport authority
so there isn't any misunderstanding that the airport authority is not the
one who is bringing this proposal forward.
The second thing I want to point out is that Mr. Fletcher, as I
explained in the narrative portion of the executive summary, is the
Immokalee airport's single most important tenant for a host of reasons,
first of which is that Mr. Fletcher's company provides two very, very
important services to our community, the first of which relates to
spraying the orange groves and, as you know, there has been a -- and
I'm not going to use the proper terminology because I don't know the
professional agricultural terms, but I'll just call it a bug that has been
destroying the groves, and it is Mr. Fletcher who is spraying to protect
against the destruction as a consequence of this pestilence.
Secondly, Mr. Fletcher's company is the only company, as I
understand, east of the Mississippi that has the type of plane that is
used to put out the forest fires, for example, that we have in the
Everglades.
And so, from both the standpoint of the agricultural industry as
well as public safety and the firefighting initiative in Collier County,
he is a very important player.
He's also important in that he is the single largest contributor to
the Immokalee airport's revenue base. He buys, I think, 80 to 90
percent of all the fuel sold by the Immokalee airport.
And the Immokalee airport has been doing very poorly
financially. If memory serves me correctly, the 2012 fiscal year loss
was, I believe, something in the neighborhood of 800,000.
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April 23, 2013
So, obviously, you know, losing the revenues generated by the
fuel sales is very problematic for the airport authority and the county.
Now, that being said, unlike other tenants who have a fixed -term
lease, Mr. Fletcher's lease has been relegated to a month -to -month
tenancy. And it's obviously very difficult for any business to have a
sense of stability and any comfort about their future ability to continue
doing business where they're doing business from without having
some sort of a long -term commitment.
And so, to that end, what I am proposing is that we go ahead and
direct the county attorney to amend the standard form lease to
incorporate a few provisions which may be different from the other
tenants but, for most part, all the provisions are identical.
And, secondly, to then request that the airport's executive
director, Mr. Curry, after that lease has been signed by the chair, to
present that lease to Mr. Fletcher for execution.
Now, the terms that I would like to address with the board are
only those terms which would be different from what would be in the
standard term lease. The first one is C, which is that in the event that
the space leased by Fletcher is needed for airport development, that
Fletcher will have the -- will be provided with equivalent facilities or
land at some other location within the Immokalee airport project on
the same terms and conditions.
I had heard that one of the reasons -- and I don't know if this is
true or not, and this is why I'm -- I introduce this into the lease as a
provision that, apparently, there was some plan that in the expansion
or possible future development of the Immokalee airport, that Mr.
Fletcher's hangar would be removed, and that was why there was a
refusal on the part of airport management to execute a long -term lease.
Well, that problem is solved by merely providing an alternative
location in the event that type of development occurs.
The other two items are G and H. and this relates to hot fueling
his planes and being allowed to land on grassed areas.
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Until very recently, both these activities had been allowed. And
it's my understanding that Mr. Fletcher has been a user of the
Immokalee airport for some 30 years and a tenant since -- at least 10
years. And like I said, just recently suddenly these two activities were
denied. So in the past, this has always been normal operational
activity for the Immokalee airport.
And the Immokalee airport is a rural airport. And this type of
activity, both hot fueling and landing on grass as I'm led to understand
are activities which are typically permitted at rural airports.
Now, with respect to the hot fueling, the issue is, is that Mr.
Fletcher's planes are such that the cost to fuel is much greater if he is
not allowed to hot fuel. So, you know, if we don't allow -- and if I'm
mistaken in this, you know, I certainly look for input to correct my
understanding.
If, in fact, that is the case then, you know, maybe what we need
to do is give him, you know, like, a discount in his fees or his fuel fees
or some other sort of alternative. But my understanding is the nature
of his planes -- and he, in fact, even has a permit which allows him to
hot fuel when he is using his fire planes.
I mean, that's the -- I mean, it's like legally permitted. He's, you
know, allowed to do it, but for some reason we're denying it. And, of
course, you know, if that is permitted, it needs to be on all the same
terms and conditions that would apply in any similarly situated airport
with all, you know, applicable security standards, you know, being
part of this lease.
And then with respect to landing on designated grassed areas,
again, that has always been permitted; now all of a sudden it's
prohibited. It -- to the extent that Mr. Fletcher would need to land in a
grassed area, if the board. would indulge that, that would be favorable.
And in both those instances, if Mr. Fletcher would be willing to
concede on those two points and if the, you know, board felt that that
was necessary, you know, I think that discussion should be had as
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well.
Lastly with respect to complaints being filed, it's very concerning
that airport management has filed as many complaints as it has against
Mr. Fletcher when Mr. Fletcher has had an unblemished history until
just now, and what's even more concerning is that the FAA has, with
respect to all complaints, denied any wrongdoing on the part of Mr.
Fletcher.
So I think at this point, to avoid allegations of harassment, which,
as I understand, are part of the complaint in the lawsuit that is filed
against Mr. Curry and Mr. Vergo, the board, by stepping in to ensure
that any complaint that is filed is not unreasonable, will avoid, you
know, the conflicts that have arisen as a result of management making
these complaints against Mr. Fletcher with the FAA.
You know, all in all, we want to show we are business friendly
we want to show that we support our tenants, especially, you know,
our good tenants. I mean, all tenants should be treated well, but we
certainly should not be treating our best tenant poorly.
And hopefully we can come to some reasonable set of terms and
have the county attorney draft a long -term lease so we can, you know,
put this matter to bed and have everyone move forward doing good
business.
Commissioner Coyle.
COMMISSIONER COYLE: I'd like to clarify some of these
things, if you wouldn't mind.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER COYLE: I'd like to maybe ask Chris Curry
to come up and make sure I understand what we're doing.
Chris, with reference to the 10 -year term of this contract, it's my
understanding that all of the airport -owned buildings on that side of
the airport where Mr. Fletcher's month -to -month lease is effected, all
of them are on a month -to -month lease; is that correct?
MR. CURRY: Chris Curry, executive director, Collier County
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April 23, 2013
Airport Authority.
The building that Mr. Fletcher rents, the airport authority owns
the building and the land that the building sits. All of those type
facilities on the airside of the airport are on a month -to -month lease.
Mr. Fletcher has been on a month -to -month lease since 2007.
The only buildings on the airside that are not month -to -month are land
leases where the tenant has built their own facility and we simply
lease them the land.
COMMISSIONER COYLE: Okay. So if we grant Mr. Fletcher
a 10 -year lease for airport -owned buildings, then we're giving him
rights that other people do not have; is that a correct statement?
MR. CURRY: That's correct. You would be giving him an
exclusive -type lease that would be different from others in this same
type of situation as far as leasing a building from the county.
COMMISSIONER COYLE: Okay. Now, why do we have a
distinction of that nature? Why do we lease buildings that the airport
owns -- I'm sorry -- rent buildings that the airport owns on a
month -to -month basis rather than negotiating long -term leases for
those buildings?
MR. CURRY: Well, there's two reasons I can think of. One is
that if you happen to rent to a tenant that's noncompliant or just a
non - tenant, there's not a lot of repercussions in removing that
particular tenant.
The other side is that the airports are always developing, and so it
doesn't make a lot of sense to me to tie yourself into that kind of
commitment when you own the building and you own the land.
To me, it's very similar if I was renting my property or my house
to someone in another city, and I say I want to go year to year, and
they say, well, I want a 20 -year lease, I'm not going to do that. I'm not
going to obligate myself and then put myself into a position where I
have to provide land elsewhere for them if I start to develop.
I understand that from a land -lease perspective because a tenant
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has built a facility and they have money invested, so I would
guarantee that, but not for a building that I own.
COMMISSIONER COYLE: Okay. The -- with respect to
invitees, invitees should have the same terms and conditions as other
invitees.
Are we talking about the people who come into the gates with
tankers with chemicals as invitees, or what would this apply to; do you
know?
MR. CURRY: Well, I'm not actually sure, but I'll cover kind of
two situations. Where Mr. Fletcher's located is a product somewhat of
a bad design of the airport, meaning that his facility sits within the
airside, so in order to come to visit him, you have to physically come
to the gate.
Normally, with most airports, his facility would be at least to the
outer limits of the gate so you could actually go into his facility
without having that problem.
If, indeed, it talks about the tankers -- and we've discussed that at
previous board meetings. There was a situation where we had tankers
that would come onto the airport with fuel. One of the tankers came
within close proximity of hitting an aircraft or the aircraft hitting it.
And I think Mr. Fletcher did everything in his power to try to alleviate
that problem, but the issue remained was that people that were coming
into those gates were not familiar with the airport, so we took action to
say, well, they need to be escorted to resolve that issue. And I think
Skip Camp took a look at the situation as well.
COMMISSIONER COYLE: Okay. Now, videotaping. If there
is a strange activity on the airport or one which looks like it might be a
violation, do you normally try to videotape that, if you can?
MR. CURRY: Well, if we can, if we don't have cameras that can
attach it, but we're not going to single out any individual to
specifically tape them any more than others. We're not going to do
that. I mean, depending on their location, they could be in a location
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where the surveillance cameras are automatically locked in on that
particular area.
Now, I will tell you the one thing that's rather interesting about
Immokalee, even though it's not a very busy airport, is the fact that
Mr. Fletcher has the type of aircraft that he has, crop dusting aircraft,
which were identified in, you know, this report with security that came
out after 911.
And the issue with those particular aircraft was the fact that if
somebody was able to break into the airport, steal one of those
aircraft, they would have the ability to load it with chemicals and fly
over and spray it over a large amount of people.
So we are very sensitive to the fact that we have that type of
aircraft on the airport.
COMMISSIONER COYLE: Okay. All right. And giving other
tenants on the airport -- or giving him the same access that other
tenants might enjoy on the airport has substantially different
ramifications, that the control of chemical delivery and disbursing on
the airport for Mr. Fletcher's operation requires substantially greater
care and, perhaps, even escorting the trucks from one place to another
to assure that they're -- that it's done safely; is that a fair statement?
MR. CURRY: That's correct. And I will say that we have not
had an issue related to that in more than a year.
COMMISSIONER COYLE: Okay. Now, the other issue
concerning hot fueling, the FAA has issued a safety advisory
concerning hot fueling and loading, and it's quite detailed and requires
safety procedures that don't appear to be followed by Mr. Fletcher in
his operations.
Would you like for me to go through some of these, or you have
them already?
MR. CURRY: Well, before you do, I just wanted to -- I put a
copy of the airport rules and regulations on the overhead.
These rules and regulations were written in 2002. I don't doubt
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that hot fueling was taking place prior to the time that I arrived at the
airport, but when I arrived at the airport, I decided to enforce the
policy or the rules and regulations.
Now, what I will tell you is that, as mentioned by Commissioner
Hiller, Mr. Fletcher has indicated to us that he does have a state permit
especially when he's fighting wildfires, okay. I've never seen the
permit, but I take his word for it.
What we did in 2012, in February -- February 1 st of 2012, was,
working with advisory board, we tried to make the hot fueling a little
more lenient even though the safety alert for flying operators said you
only do it when absolutely necessary.
So what we did so that he was not in violation of the airport rules
and violations is that we said, in the case that you are fighting
wildfires, okay, we will allow you to hot fuel providing you provide
us with a standard operating procedure and the training that's required
or that's mentioned in that safety alert for flying operators. And the
directive almost mirrors a lot of the same things that they ask for
within that document.
So we did try to work with him to make it more lenient for him to
do that, but what we did not want was for, first, it to be against the
rules and regulations and it to be done at convenience.
To me, if you're only crop dusting crops, that's not a matter of life
and death much like it is fighting wildfires or for medical ambulance
services transporting people.
COMMISSIONER COYLE: Okay. Are there any grassed areas
designated at the airport for landing?
MR. CURRY: The airport does not have a designated area to
land in the grass. I don't doubt if they were landing in the grass before
I got here. But, again, in the airport rules and regulations, it basically
addresses the fact that you can't land in a grass area. And I can put
that on the overhead if you'd like.
COMMISSIONER COYLE: Please do that. And what are the
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dates of these regulations?
MR. CURRY: These regulations were -- they were done in
2002.
COMMISSIONER COYLE: Okay. So you didn't remove any
rights of anyone to land on the grass areas because there are no grass
areas designated for landing?
MR. CURRY: That's correct. But I wanted to be absolutely
clear and reinforce the policy because, again, you know, if airports are
not being carefully watched and activities start, then people just
assume it to be legal.
But, again -- and I'll find it here, that -- I'll find it here in the rules
and regulations, because it is in the rules and regulations.
There's another paragraph that addresses it, but it's down at
(d)(1). The issue with the grass landings is this: I have always said
that I have no issue with grass landings as long as the area is set up
and designed for that. There's a design criteria for grass runways or
turf runways, as they would call it, with almost the same protections
as you do with the standard runway.
What I have been told is that where landings were taking place at
the Immokalee airport was in the runway safety area, which that's
totally disallowed, because the runway safety area is the area that if a
plane overshoots or undershoots, they're going to be in an area that's
expected to be maintained in a certain way.
So if you have people landing in that area creating ruts and that
kind of thing with no maintenance ongoing, then if someone runs off
the runway, they may very well run into a rut and actually cause
damage to the aircraft or individual.
COMMISSIONER COYLE: Okay. So I guess bottom line for
me is that most of these criteria that you are being directed to permit
would increase the liability and/or cost of the airport operations and
create special situations. for special clients there on the airport and,
generally, expose the county for significant liability in the event of
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accidents.
And I think this is not a very well- thought -out process. And if
there -- if the board wishes to revise the procedures at the airport, I
think we need to do that perhaps in a workshop where we can discuss
all of the issues and ramifications of taking such actions before we
direct you or anybody else to start rewriting contracts and leases on
the airport without proper review.
So that's -- and I would like to clarify one thing. Mr. Fletcher's
fuel purchases don't amount to 80 to 90 percent per year. They're
more like 51 percent for the past 12 months.
MR. CURRY: Yeah. They're about 51 percent. Let me just add
that the protection from the airport authority's point of view is that,
you know, where Mr. Fletcher has his pad and where hot fueling may
occur is only about 450 feet from the county road.
You have the county park that's about 1,500 feet away, and you
have the airport viewing area that's even a little bit closer.
So we understand that, you know, in case of fighting fires, life
and death, that sometimes you have to be a little bit flexible, but not
during your routine business.
And, Commissioner Hiller, if you don't mind, as I was leaving,
Mr. Courtright had a few things to say that was -- that bordered on
misinformation before I left, and if I can just clear up those two areas
while that's in my mind.
But one thing he said was about the radio - controlled aircraft. At
one point there were radio - controlled aircraft on the airport. But if
you look at your rules and regulations, I think it's under K, it talks
about the fact that those are not allowed at the airport.
Now, the reason that it was brought to a complete halt is because
when you're in the air, these aircraft are very small. And we had
several complaints from people that were flying into the airport that
came in close proximity of hitting the radio - controlled aircraft, so
that's why we halted it; in addition to that, it's in the airport rules and
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regulations that that's not allowed.
The other item dealt with the acrobatic box that's to the north of
the airport, that the claim was made that we shut the acrobatic box
down.
In essence, what happened was that the FAA grants a waiver to
about four or five individuals that kind of control the use of this
aerobatic box.
What happened is that really these guys hadn't been using it in a
while, so the FAA contacted us and said, do you have an opinion on
whether we keep the acrobatic box open or not?
And what, we did was support keeping the box open. And we
have a string of emails that show we are supportive of keeping that
particular acrobatic box open at Immokalee.
CHAIRWOMAN HILLER: Thank you.
Thank you, Commissioner Coyle.
Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Well, Mr. Curry's right, in fact, in Florida Statutes for tenants for
homes, you can only have a one -year lease; however, when you own a
business -- and, in fact, when I opened my business, I had a multi -year
lease, and the reason for that is you don't want to expend a lot of
money at any particular location not knowing if you're going to be in
business the following year. And I think this is the whole thing with
Mr -- or Fletcher's Flying.
It's my understanding that he's the only crop duster in Collier
County that services the farmers within our community, and he needs
to have a place where he can do business, reasonable business. And I
think there is some opportunities to provide a reasonable lease;
however, I think all issues need to be addressed. The problem is in the
past there was a reluctancy to do so.
And if we want to be business friendly, I think we ought to start
at the businesses that we have here existing in Collier County, and
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especially the one, the only one that provides services to thousands of
acres of landowners and leased land, one of the primary job
employments that we have here in Collier County. I think it's very
important that we do that.
But I also believe, you know, a lot of these issues need to be
addressed. I'm concerned with allowing just the county attorney to
work with the Fletchers to do this. You know, I've had some
conversations and communications from Mr. Curry on this -- the issue
of hot fueling and landing in the grass. I believe they can be resolved
and acceptable to the management of the airport and the airport
authority.
And I think that we should be committed to working this out,
Commissioner Hiller. And whatever I can do to assist, I'd be happy to
do that.
And hopefully this will resolve the issue of this lawsuit.
CHAIRWOMAN HILLER: So maybe what we ought to do,
then, is maybe my motion ought to be to direct you to work with the
county attorney, the airport director, and the -- and Mr. Fletcher and
his counsel to work out a lease that, you know, addresses these issues
and bring it -- a lease for terms and bring it back to the board for
approval.
COMMISSIONER HENNING: And I'd be happy to do that. I'd
be happy to work with Mr. Curry and Mr. Fletcher to bring something
back. And I think they're two fine gentlemen that -- I'm sure that can
compromise to make things happen, and that's very important, is
compromise to make things happen.
CHAIRWOMAN HILLER: I appreciate your offer. I think that's
a great idea.
A couple of things that I want to clarify. Jeff, all our leases have
termination clauses, correct, like within, do we have -- most of
contracts have --
MR. KLATZKOW: Most of our contracts have a
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termination- for - convenience clause. Our leases tend not to.
CHAIRWOMAN HILLER: What did the Sheppard lease have?
MR. KLATZKOW: I'd have to look at it. If you give me 10
minutes.
CHAIRWOMAN HILLER: Can you take a look at that? I
mean, I think that's something that should be considered.
Liability. I know that Commissioner Coyle was talking about
increased liability. Don't we have sovereign immunity? I mean, isn't
our liability capped? Wouldn't the liability -- our liability exposure be
the same?
MR. KLATZKOW: You have some liability cap, yes.
CHAIRWOMAN HILLER: Thank you.
So the liability would not be affected, nor would there be any
additional cost for any of the provisions cited in the proposal that I've
presented.
The rules and regulations -- the one question I have about the
rules and regulations, have they ever been approved by the board,
Jeff?
MR. KLATZKOW: Which board?
CHAIRWOMAN HILLER: Well --
MR. KLATZKOW: I mean, not to be facetious, but --
CHAIRWOMAN HILLER: The current board, because -- and
let me explain why I ask, because I don't know what has been
approved and what hasn't been approved, but I think that the -- I think
the current board needs to -- and this is apart from this lease issue, but
it I think, behooves us to approve the rules and regulations as we see
fit, and I'm not sure that this board has done that.
MR. KLATZKOW: Okay. The airport board -- the prior airport
board, I don't know if they reviewed and approved those rules, okay. I
don't believe you have. And I know some time ago Chris and I talked
about getting some to you, and I know it was an awful lot of work for
him to go through that. I don't know where we are on that.
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CHAIRWOMAN HILLER: Well, we need to get that done
because, obviously, it has to be board ratified. I mean, we can't
delegate that discretionary decision making.
MR. KLATZKOW: Well, you say that, but I think your prior
board may have approved these rules and regulations.
CHAIRWOMAN HILLER: Well, but, again, the prior board no
longer exists, and I -- you know, did we or did we not take on what the
prior board did? Because the argument, for example, with the fill case
was that the prior board, you know, ratified a contract, but that was the
prior board and not us and, therefore, we did not ratify; therefore, it's
not our liability. We didn't do anything wrong. The -- you know, the
removal of the fill.
MR. CURRY: If I can help you out a little bit. When you had
the ordinance that changed the old airport authority to the new airport
authority, if I am correct, you adopted the administrative code and the
rules and regulations for the airport.
CHAIRWOMAN HILLER: Well, I think that's what needs to be
verified, and I think that any changes made to whatever was adopted
back then has to be ratified by this board, and in absence of that
ratification, you know, those rules and regulations that have been
considered subsequent to that switchover really don't exist.
COMMISSIONER COYLE: What?
MR. KLATZKOW: Let me just --
CHAIRWOMAN HILLER: Without ratification, they're not
valid.
MR. KLATZKOW: I don't know if the old airport board
reviewed any or all of those prior rules, okay. I don't know. If they
did review and approve them, then you have approved airport rules.
CHAIRWOMAN HILLER: Well, up to --
MR. KLATZKOW: No, you have approved airport rules. What
Chris and I talked about some time ago is updating these rules and
getting it before this airport authority for adoption. That doesn't mean
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that the old ones are no good.
CHAIRWOMAN HILLER: That's not what I said. What I said is
something different. Number one, we don't know whether or not they
were approved; secondly, we don't know that we adopted them when
the changeover occurred.
MR. KLATZKOW: You didn't have to adopt them. They were
your airport board.
CHAIRWOMAN HILLER: Okay. Let me continue. And,
number three, we don't -- we have never ratified any changes to those
rules and regulations if, in fact, they were adopted by us when the
changeover occurred.
So if you're assuming that they were approved when the
changeover occurred, if there were any changes subsequent to that
time, any of those changes have never been approved by this board.
MR. KLATZKOW: That's correct.
CHAIRWOMAN HILLER: So those rules, until adopted by
those -- by this board, any changes to those rules -- if those rules were,
in fact, adopted by us, any changes to those rules would not be binding
till approved by the board.
MR. KLATZKOW: I don't know -- Chris, have there been any
changes?
MR. CURRY: I haven't made any changes to the rules.
CHAIRWOMAN HILLER: No changes to any rules or
regulations?
MR. CURRY: No, no change to any rules or regulations. I've
just enforced what you had on the books when I got here.
CHAIRWOMAN HILLER: Okay. That's fine. But I think we
need to go back and review all of that because, I mean, very clearly --
we need confirmation as to, you know, what we adopted when the
changeover occurred.
MR. KLATZKOW: You say "adopted." What I'm telling you is
that if the old -- if the former airport authority adopted those rules,
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they're binding. They're still good. We didn't abolish that old board.
We simply changed the membership.
CHAIRWOMAN HILLER: Okay. I didn't understand that. My
understanding was that we had an independent airport authority and
that was eliminated, and then we created, essentially, a dependent
division of the county, which was a completely separate legal entity,
because the filing with the state with respect to what existed before
and what exists now appears to be different. So you're dealing with
different legal entities.
MR. KLATZKOW: You're dealing with a different -- you are
now acting as the airport authority. You had other people before
acting as the airport authority, but you only had one airport authority.
CHAIRWOMAN HILLER: Okay. But it's different, because the
airport -- we call it the airport authority, but it's really the Board of
County Commissioners.
MR. KLATZKOW: It is the Board of County Commissioners
acting as the airport authority. You are separate and distinct legal
entities, and you want to keep that distinction for liability purposes.
CHAIRWOMAN HILLER: I thought we were -- I thought we
were a dependent district. I thought this was a dependent --
MR. KLATZKOW: You are separate and distinct legal entities.
It is the airport authority that gets into the leases, not the Board of
County Commissioners.
CHAIRWOMAN HILLER: What I would really like to see is
what our filings with the state are with respect to the airport authority.
I want to see what the filings are over the last two years -- well,
actually, I'd like to see what the filings with the state has been over the
last seven years.
MR. KLATZKOW: Okay.
CHAIRWOMAN HILLER: Thanks.
MR. MILLER: Madam Chair, you do have one registered
speaker for this item.
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CHAIRWOMAN HILLER: Okay. Commissioner Fiala would
like to speak.
COMMISSIONER FIALA: Oh, I'll listen to the registered
speaker first. He's sitting out there, but then please call on me next.
CHAIRWOMAN HILLER: Sure.
Commissioner Nance, do you want to speak now, or do you want
to speak afterwards?
COMMISSIONER NANCE: Let's hear the --
CHAIRWOMAN HILLER: Commissioner Coyle, did you want
to speak now or after?
COMMISSIONER COYLE: Yeah, I just want a clarification of,
what does the statement mean that was made by the county attorney
that says, yes, you do have some kind of liability cap? What do you
mean?
MR. KLATZKOW: You have a statutory liability cap.
COMMISSIONER COYLE: Well, what is it?
MR. KLATZKOW: I believe it's $200,000.
COMMISSIONER COYLE: And so that's the greatest liability
that would occur?
MR. KLATZKOW: As A general rule. There are exceptions.
COMMISSIONER COYLE: As a general rule, that if we create
a grass area that is unsafe for aircraft to land and we allow people to
land on it, what would be our liability?
MR. KLATZKOW: I would take the legal position that it would
be $200,000.
COMMISSIONER COYLE: Yes, yes, I'm sure you would. And
it would be probably more like a couple million?
MR. KLATZKOW: Well, I'm not going to take the legal
position that it's more right now.
COMMISSIONER HENNING: Well, nobody's proposing that,
okay.
COMMISSIONER COYLE: Well, yes, somebody is proposing
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that, Commissioner Henning.
Commissioner Hiller has proposed that we allow Mr. Fletcher to
land on the grassy areas. In order to do that, you have to designate a
grass landing strip, and in order to do that, you have to maintain and
mark it and in accordance with appropriate safety procedures. So it's
very clear that somebody is proposing that.
You can't give Fletcher the right to land on the grass without
creating an official grass landing strip for him to land on.
COMMISSIONER HENNING: Well, who's proposing that we
create it?
COMMISSIONER COYLE: Who's going to create it?
COMMISSIONER HENNING: I don't know. You can -- I'm
sure -- that's part of the negotiation. Maybe Fletcher Flying will
maintain or create or something like that. That's the art of negotiation.
COMMISSIONER COYLE: Okay. All right. Have at it.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: Commissioner Nance, did you want
to speak now?
COMMISSIONER NANCE: Let's let this gentleman speak, and
then I'll talk after he's done.
MR. MILLER: Your registered speaker is Kelly Reagan.
COMMISSIONER NANCE: Then Commissioner Fiala's next.
MR. REAGAN: Thank you, Madam Chair, gentlemen and ladies
of the commission.
I represent Stephen Fletcher and Fletcher Flying Service.
Mr. Fletcher has been and would like to continue to be a
productive member of the community and the airport. I think the
proposal that I heard today of setting up a group to meet to try to
resolve these things is a wonderful idea. He would be more than
willing to do that.
With respect to some of the statements made by Mr. Curry, if I
could briefly address them, one of his claims with respect to the
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property with the 10 -year lease was that there's nobody on Mr.
Fletcher's side of the airport who has a fixed -term lease.
My understanding is that John Swayze of Executive Air has a
five -year lease or a fixed -term lease on that side of the airport.
Obviously, the leases and records of the airport will speak for
themselves with respect to that.
Another issue with respect to lease that I think was kind of
glossed over, Mr. Curry said something about noncompliance. I guess
his point was if you've got someone that's noncompliant, you don't
want to give them a lease. Well, with all due respect to Mr. Curry,
he's batting zero on his view and understanding of the law and what's
compliant.
He's made multiple complaints with the FAA. Every single one
of them has been shot down. He's then pestered the FAA to try to get
them to reopen complaints where they found no violation, and the
FAA refused that.
And, in fact, not just content to do that, Mr. Curry has gone to the
local media and accused and slandered Mr. Fletcher of acting unsafely
when, in fact, the FAA found he's not acted unsafely.
So I think an issue of noncompliance, there is no evidence of
noncompliance. There's no showing of noncompliance.
With respect to the access of folks and invitees, be they chemical
suppliers and otherwise, let's keep in mind -- and, again, the records of
the airport will speak for themselves -- these folks do not need to cross
any runways. They don't need to approach the runways to get there.
They simply need to make routine and regular business deliveries.
Again, there's no allegation that there's been anything improper about
that or any problems.
Again, there was another statement with respect to, I guess, the
perception being these are unusual activities of crop dusting. Well, in
fact, there's nothing more usual at an airport like this with an
uncontrolled field, i.e., a field without a control tower, to have crop
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dusting. That's generally where crop dusting occurs. Crop dusting
does not operate out of airports like Miami International or even,
Naples. It operates out of small fields. In fact, it typically and very
frequently in the United States, especially in the western part of the
United State and other areas, operates out of single -strip airfields with
minimum, perhaps no security whatsoever, and with no issues.
Again, Mr. Fletcher, above and beyond many operators, has
received a permit from the federal government with respect to hot
fueling. We're not contending that that gives him permission to hot
fuel at this airport. It merely states that he's obviously been reviewed,
found to be safe, and operate properly.
If I may have just have a couple brief moments.
CHAIRWOMAN HILLER: Go ahead.
MR. REAGAN: With respect to the turf operations, this is an
interesting point, and it kind of goes along and supports a lot of the
allegations in the complaint, which is where, simply put, Mr. Curry
and /or Mr. Vergo have kind of lashed out and complained first rather
than reviewing the record, seeing what was approved, and simply
trying to talk, as the commissioners today have offered to talk
reasonably to try to compromise. Mr. Fletcher would be more than
willing to compromise. He always has been.
In fact, I have a number of letters that I'd like to introduce into
the record. One of them, which is also attached to our complaint, is a
November 1, 2001, letter from Mr. James Kenny, as you well know
was the former manager of the airport. Mr. Kenny states that when he
came on board in 2006, he was informed by Mr. Tweedy, the prior
man -- airport manager, that Mr. Tweedy had given Mr. Fletcher
express permission to operate on the turf, to have the grass operations,
and that Mr. Kenny continued that.
So we, obviously, have a dispute of fact here. But a reasonable
person might have assumed that if you came in to take over an
operation, you know someone is operating a certain way, your first
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reaction wouldn't be to go to the media and say, this person's operating
unsafely or to file an FAA complaint, both of which were baseless and
turned out to be unfounded, you might want to talk to the prior people
or review the records of the airport to find out if, in fact, dispensation
permission had been given to operate that way.
So all that being said -- and as I said, I have some other letters
that show support for Mr. Fletcher, show the problems at the airport
independent of him that I'd like to make part of the record. All that
being said, Mr. Fletcher just wants to operate his business in a
reasonable way consistent with the rules and regulations and not to be
unfairly singled out for disparate treatment. He is more than happy; he
would rush to the meeting to talk with reasonable people to try to
resolve a lease issue.
He would love to do that, and he would love to resolve his
lawsuit so that he has a lease, he can operate his business, and move
on with his life and everyone else can. If, in fact, it turns out that
reasonable people believe that turf operations or hot fueling at this
time shouldn't occur and shouldn't be part of a lease, I don't believe
that that would be an impediment to him signing a lease, although he
would certainly like to make his case for that and see if reasonable
minds could prevail.
I'd be happy to answer any questions, and I thank you very much
for your time.
COMMISSIONER COYLE: I have some questions.
CHAIRWOMAN HILLER: Hang on a second. Before we move
to any questions, I would actually like to make a motion to direct that
Commissioner Henning work with Mr. Fletcher and his counsel, with
the county attorney, and with the airport executive director to craft a
term for year -- a lease with a term for years and addressing these
issues that I've outlined in my executive summary and bring that back
to the board.
And what would be a reasonable time frame to do that? What
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would be a reasonable time frame?
MR. REAGAN: Oh, I'm sorry, Commissioner. I didn't realize
you were directing that question to me.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I would say within a month.
Wouldn't you say, Jeff?
MR. KLATZKOW: I would hope. I can't speak for Mr.
Fletcher. I don't know his schedule.
MR. REAGAN: I can speak for Mr. Fletcher, and certainly can
speak for myself, and we will make ourselves available within that
time frame.
CHAIRWOMAN HILLER: So Iet's see where we are right now.
It's -- so the second -- so bring back a lease for board approval at the
second meeting -- at the second meeting in May?
MR. KLATZKOW: We will endeavor to do that.
COMMISSIONER HENNING: I can support that.
CHAIRWOMAN HILLER: Okay. So we have a motion and a
second.
Commissioner Fiala was next.
COMMISSIONER FIALA: No, first Commissioner Coyle
wanted to ask this gentleman some questions.
CHAIRWOMAN HILLER: Oh, okay. I'm sorry, but
Commissioner Fiala was in the queue next for speaking.
COMMISSIONER FIALA: Yes, I am. Yeah, but, no, you ask
him questions.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER FIALA: Go ahead.
COMMISSIONER COYLE: Yeah. I'm curious about the FAA
complaints that you mentioned. Do you have report of the FAA's
findings concerning those?
MR. REAGAN: I believe, Commissioner, that whatever written
reports have been issued, we have a copy. We have a copy of a letter
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that I believe is attached to our second amended complaint finding no
violation.
COMMISSIONER COYLE: Yeah. Would you have objection
to sharing that with us?
MR. REAGAN: Of course not. Whatever we have, I'd be happy
to produce.
COMMISSIONER COYLE: Okay. Good, thank you.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Was that your question?
COMMISSIONER COYLE: That was it.
COMMISSIONER FIALA: Just for him, or did you have your
button on for something else?
COMMISSIONER COYLE: No, that's it.
COMMISSIONER FIALA: Okay. I think it's great that
Commissioner Henning has offered to be the compromiser. I know I
had -- initially, when Mr. Fletcher came into my office, oh, gosh, over
a year ago, and -- he and his wife, and I suggested to them that I think
we can find a compromise.
And, Jeff, you were there for that first meeting, weren't you?
Somebody was. I can't remember who was with me.
MR. KLATZKOW: I don't recall.
COMMISSIONER FIALA: But, anyway, we met again to start
talking about a compromise. That kind of fell through, and it never
went anyplace. And I was sorry to see that, because I thought we
could avoid all of this. It's so much easier when you sit down and talk,
but -- so I'm glad to hear that Commissioner Henning is doing it, and
he's got the support of the board members, because it seems like such
a reasonable solution to things. And Commissioner Henning's way of
approaching it sounded very fair, and that's what's important is being
fair.
You had mentioned the spraying business and how vital it is to
the community, and I think Mr. Fletcher gets paid for doing that
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business, and that's a good thing. Yes, it's vital to it, and he's
providing a service to those employers to meet that need, and that's
great. We don't have to worry about the taxpayers in that case because
they don't pay for that.
There were a number of things. I wanted to ask -- we were
talking about landing on the grass. And one of the things I
remembered them talking about was when they landed and hot fueled,
and the guys would go in and, you know, have a sandwich or
something like that or go to the bathroom or whatever it is, they said
that they didn't put the chocks under the wheels. Is that true? Is that
-- is that part of a safety feature that the chocks should be under the
wheels?
MR. CURRY: Well, Commissioner, I think you're talking about
two separate issues --
COMMISSIONER FIALA: Oh, okay.
MR. CURRY: -- that was reported. The first issue with respect
to landing in the grass was during a time that the airport was having
the safety inspection by the state aviation inspector.
The aircraft landed in the grass. The state aviation inspector
thought the plane came too close to where he was and the airport
manager, and his direction to the airport was, you file with the FAA or
my office will. That was with the landing in the grass.
The other incident was -- dealt with leaving the aircraft running
with no one in the cockpit. And I don't think there was any reference
to whether chocks was on the wheel or not. It was leaving the aircraft
running with no one in the airplane.
COMMISSIONER FIALA: I thought they mentioned chocks,
but that's -- okay. I just wanted to ask that question.
And then there's another thing here where it talks about the
tenants and invitees on the airport, and I just wanted to know, who are
invitees? I'm not quite sure. We know what tenants are.
MR. CURRY: I'm not sure specifically who that refers to,
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whether it's trucks that bring in fuel or whether it's the regular person
that comes to visit his establishment.
COMMISSIONER FIALA: Okay. Maybe you could tell me,
because I was taking it as not people that would be fueling his planes,
because he would need them there. They wouldn't really be invited in.
They would be an essential part of his service.
CHAIRWOMAN HILLER: It would be all invitees.
COMMISSIONER FIALA: All invitees? Anybody he wants to
come onto the airport?
CHAIRWOMAN HILLER: He should have the same rights and
privileges with respect to invitees that any other tenant on the airport
has.
COMMISSIONER FIALA: Or any airports? And that's where
I'm going with that. Do safety procedures then, because of -- you
know, things are getting tighter and tighter all the time with the way
things -- sadly, the way things are in our world, and we find safety
procedures being tightened, security procedures being tightened all the
time.
And I was wondering, if this just means any invitees that could
come on -- and, you know, people could even use his name. I know
people use my name when they go different places. Oh, you know,
she's my best friend, Donna Fiala, you know. And they don't even
know who in the heck I am.
CHAIRWOMAN HILLER: I want to know what clubs you're a
member of so I can do that. I'm going to go party on your name, on
your account.
COMMISSIONER NANCE: We know Donna Fiala.
COMMISSIONER FIALA: Fiala. Anyway, I just wanted to
identify who invitees are because I think we should establish that for
airport security reasons even if --
CHAIRWOMAN HILLER: I think that's a good
recommendation. I think that's something the county attorney,
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Fletcher's attorney, the executive director, and Henning --
Commissioner Henning ought to address.
COMMISSIONER FIALA: That's good, okay.
And let's see now. There were so many things I had marked here
from the other day. What if conditions change -- oh, yeah. Here's
where we were talking about being allowed to designate (sic) on
grassy -- I don't have a problem with landing on the grass. You know,
those little puddle jumpers, they're just -- they come and go. And
those guys, they fly like champions. I mean, they're like super fliers,
as far as I'm concerned. That's just my own opinion, of course. But
I'm thinking -- but if it's not rules here, if it's in the rules that we're
putting together and then we start bringing in charter flights, whether
it be because we're going to be bringing in charter flights to take out
vegetables or whether it be that the Indians build a Hard Rock Hotel
and they bring in charter groups in there, will these rules then be --
would it have -- would they have to be modified, is what I'm --
MR. CURRY: Yes. We can modify the rules however the
commission sees fit. My only issue is that if you're going to allow that
kind of activity, that you do it the right that you do it the right way in
accordance with the rules and regulations.
You know, one of the things that the board has done, the board
has put out an RFP for someone to look at managing the airport, and
I'm not sure if it helps that case if you put these different anchors in
place that are not movable.
CHAIRWOMAN HILLER: We didn't put out an RFP to have
someone manage the airport.
MR. CURRY: Well, to look at all the considerations for
management -- contract management, privatization.
CHAIRWOMAN HILLER: We have an RFP out to bring in a
consultant to evaluate what our options are with the airports.
MR. CURRY: Understood. But what happened -- I'm saying is
that if you want to be able to evaluate all those options, the more
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things that you put in concrete, the less flexibility, management --
whether it's contract management, privatization will have when they
come in to evaluate.
CHAIRWOMAN HILLER: Chris, that's not really true, because
everything is subject to change. So anything that we approve can be
undone.
COMMISSIONER FIALA: Okay. We're getting back to my
security. I think we're going off.
I'm most concerned with security and with people coming and
going. I know that at the Marco airport, if I ever tried to walk out on
the field, they'd cut me off at the knees. Well, maybe not that harsh.
But you can't do that. And the same with Everglades City; they'd
come right out to meet you, you know, what are you doing here, who
are you here to meet. And I just want to make sure that we don't
become lax in our security measures with the type of world we live in
now. We have to make sure that as we write this or as you write this,
that security measures stay in place. I don't care who's their best
friend. Just make sure that it's worded so that security is protected.
I have a couple other things. Oh, it asks that this proposed lease
be drafted by the county attorney and then be executed on April 26th.
CHAIRWOMAN HILLER: No, we just changed all that.
COMMISSIONER FIALA: Oh, well, I heard that, but that's why
I'm questioning that, and not only that, but after -- let me finish.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER FIALA: But after whatever you do is done,
we will get to see it before it's brought back, before it's --
CHAIRWOMAN HILLER: Before it's executed.
COMMISSIONER FIALA: -- it's executed. Okay, fine. I just
want to make sure of that.
What's an aerobatic box?
MR. CURRY: It's an area of airspace that planes can fly in and
do different type of maneuvers.
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COMMISSIONER FIALA: Boy, am I glad I asked that question.
I had this box figured. Okay. Thank you.
According to -- okay. Let's see. Do we want to change all the
leases in all the airport -owned buildings on this airport or just Mr.
Fletcher's?
CHAIRWOMAN HILLER: I think what needs to be done is
every case needs to be evaluated independently, because every tenant
will have, you know, different circumstances. You know, some --
COMMISSIONER FIALA: They're all going to want it to be
catered to them. And I realize this is just Immokalee. This isn't
Marco and this isn't Everglades City. But I would say that if one guy
gets whatever -- you know, whatever he wants, then the next guy's
going to say, yeah, but, you know, he's got so and so, and I want this
and this. So I think we have to be careful about that.
CHAIRWOMAN HILLER: Absolutely not, in that business is
all about negotiation and flexibility, and we want everyone at the
airport to be successful. So, you know, what we want to do is
basically, you know, work with the tenants at the airport and put
together lease terms that allow them to flourish as businesses and
make the airport more successful.
COMMISSIONER FIALA: And that invite new business come
in and make it to become a business friendly -- rather than somebody
else running the airport or 10 people running the airport, we have to
make sure that we make that airport run as a professional airport and
let people know that they're invited to be part of that. In my opinion,
that's all important.
And let's see. I think I've asked all the questions I need to ask.
Okay. Okay, thank you.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Curry, I'm very glad to
support Commissioner Henning's approach to resolution to this
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problem; however, I want to reach out a little bit more.
And, you know, we have you here as the airport executive
director, sir, and, you know, it is your responsibility, at least in my
view, as executive director, to foster airport- related business and
economic development and, basically, to work with the airport -- the
users -- all the users of the airport, solve problems, generally define
the business environment for all the businesses and public users of the
county airports, and I feel very comfortable with Commissioner
Henning.
And, you know, I did -- I don't feel comfortable with the Board
of County Commissioners getting involved with putting together
leases.
So what I want to let you know is how important I feel like, if
you're going to be effective as the airport director, that you're going to
have to address things and, you know, answer questions as if our -- if
reasonable requests for custom businesses are impossible, you know,
can we address those?
You know, in my view, we have to be as inclusive as we possibly
can. Unless things are unlawful, we need to take a look at those. And
I want to make sure that, you know, if you're going to continue as the
executive director, that you're able and willing to approach things in
that manner, and I hope that you are.
And I really believe that the example we have here with Mr.
Fletcher is just one example. And I do not want to entertain any
discussion of any other issues in detail, but there are issues out there
that I believe you could address in a similar way and seek resolution
and get us to have a better business climate out there, which I do not
think we have at present.
Everybody on this dais should realize how very serious the
problem is with the citrus industry in the State of Florida. Mr.
Fletcher sprays somewhere in the vicinity of 50,000 acres of citrus.
In the year 2012/13, there's already been a loss of somewhere
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between 20 and 30 percent of the crop due to various maladies,
whether it's drought; but one of the biggest things is the control of the
Asian psyllid which vectors citrus greening disease.
CHAIRWOMAN HILLER: And it's the psyllid that I was
referring to.
COMMISSIONER NANCE: Yes. The situation with the psyllid
is, and the reason why Fletcher's service is so critical at this point is, if
the industry cannot find a way to delay the spread of this disease until
the University of Florida and other researchers can impact it in a
significant way, the citrus industry, quite simply, is going to crash, and
that's not an exaggeration. We are about that far from having a
catastrophic loss in the citrus industry.
It's only through the use of some of the techniques that Mr.
Fletcher uses, which include precision application of selected
pesticides and nutritionals, that are keeping everything alive.
The crisis in our county and in Southwest Florida is so critical
that the University of Florida has sent the center director from Lake
Alfred to be the center director of the Immokalee research and
education center.
For those of you that don't know what that means is, Lake Alfred
is the citrus research in the world, okay. At Lake Alfred, the research
and education center there, their director is now the director at the
Immokalee Research and Education Center because they're trying to
figure out a way to hang on.
In my view, if we lose Steve Fletcher as a resource, the citrus
industry is going to take a major hit.
Another thing is that this guy also has the ability to fight fires.
Now, we've gotten away -- we've gotten away for many, many years,
most of my life in Collier County -- right before I built my home, had
my home been where it is now and the fires would have broken out
that had broken out earlier, my house would have been burned to the
ground.
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April 23, 2013
And with the cutbacks in the economy and our loss of the
helicopter that works with forestry, he's our only lifeline. Not only do
we need to embrace this man and try to work with him and get set up,
but we need to have the protocols in place now.
Dan Summers needs to have the protocols in place now so we
call him tomorrow and prevent a catastrophe in the eastern part of the
county. We could lose 2- or 300 homes in Golden Gate Estates if we
have a big wind -blown fire one day, and we are not ready. Anybody
on this dais that thinks we're ready is mistaken. We are not ready.
We're going to have to respond quickly.
So I would urge everybody to look outside -- you know, to look
past what's gone on in the past, come together, try to enable this
business to be embraced, Mr. Curry and by our airport authority and
by this dais, get Mr. Fletcher back into business.
If we had a customer like him that came as a new customer that
was going to expand our fuel use by 50 percent and bring these sorts
of services to our community, we'd be having a press release, a band,
children would be singing "God Bless America," and, you know,
confetti would be coming down.
CHAIRWOMAN HILLER: Oh, we'd be giving him incentives.
COMMISSIONER NANCE: We would be giving him
incentives. So, you know, I don't want to beat a dead horse. I want to
support Commission Henning's motion.
You know, Mr. Curry, I hope we can get assurances from you
that you're willing and able to approach these things in this way, and I
would like you to comment on that.
MR. CURRY: Absolutely. I will do my best to work with
everyone, like I always do, at every airport in accordance with the
rules, regulations that you've given me, and also with the guidelines of
the FAA.
What I want to make sure that the board understands is that the
FAA is a reactive agency, meaning that we can do whatever we want
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April 23, 2013
with the lease as the county, but the first time that another person
comes and wants this same exact thing that you've given and you don't
do that, you're in violation of your grant assurances. So what we've
done for the last several years is try to standardize the operation so
that it's seamless.
Again, the board can negotiate whatever they want, but if another
person comes along, you're obligated to the same thing or you're in
violation of your grant assurances.
COMMISSIONER NANCE: Well, that's -- you know, I
wouldn't be adverse to another crop duster coming to this area. I
wouldn't be surprised if you weren't approached, if you had the
protocols and you were inviting, that we wouldn't get another person
coming in here.
But, you know, it's my understanding that the air tractors that Mr.
Fletcher owns are designed for hot fueling. Isn't that the case? Aren't
they designed to be used in that way?
MR. CURRY: Well, I don't know that to be true. What I do
know is the safety alert that was put out for hot fueling in general.
COMMISSIONER HENNING: We're going to address that.
MR. CURRY: It doesn't specify aircraft.
COMMISSIONER HENNING: We're going to address that.
COMMISSIONER NANCE: I know. Well, what I'm saying is if
you look at agricultural areas and you want to be inviting to Mr.
Fletcher, you know, is it possible that we can create grass use at
Immokalee airport? Not just for Mr. Fletcher, but for the gliders that
we lost, for other uses that we lost?
My concern is here that we're so paralyzed with security fear that
we're about two minutes from being able to not use the airport at all.
Pretty much every use is being excluded. Slowly but surely we're
coming up with some nightmare about security, and we're not going to
have any business in Immokalee. If we lose Mr. Fletcher, where are
we going to be?
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April 23, 2013
MR. CURRY: Well, you asked me to reduce your budget, okay.
If you design a grass -turf runway, it's going to cost you thousands of
dollars, and I just don't see the use from base tenants that would justify
that.
COMMISSIONER NANCE: That's required?
MR. CURRY: But, again, you asked me to reduce your budget,
so--
COMMISSIONER NANCE: I understand that.
MR. CURRY: -- I'm not trying to go out and create expenses
unless I see the demand.
COMMISSIONER NANCE: I'm not trying to create excessive
expenses at all. I'm trying to be inclusive and find a way to make
things happen. If you tell me that for somebody to land on the grass
it's going to cost millions of dollars, I don't know how I'm going to
respond to you, because I know they do it all over the country.
But what I'm saying is, let's take a realistic look. I really support
Commissioner Henning, but what I want to do is I want to see people
find a way to make some things happen here. We're not finding a way
to make things happen. We're sure finding a way to stop things, but
we're not finding a way to make things happen, in my view, that are so
positive. And I hope we can change our thinking and, you know -- I
think it's a mindset.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I just want to tell the board
when you call the vote I'm going to vote against it, but not because I'm
against compromise and trying to work things out. I'm against it
because it forces the airport executive director and the attorney and
Commissioner Henning to come back with a contract that is in excess
of a year without even looking at the potential conflicts and liabilities
that are likely to result from that.
Now, the board has essentially driven away the entire Airport
Advisory Board. You have canceled the airport director's contract,
..
April 23, 2013
you have refused to extend the term of his contract, and now you want
him to save you by dragging you out of the hole that you continue to
dig.
So I will -- I'm sure he will do that, because he's that kind of
professional. He'll do his best to get that done. But if this thing fails,
make no mistake about it, it fails because of the action of the majority
of this board.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, just a simple question.
Commissioner Nance had mentioned over and over if we lose Fletcher
and so forth and so on. Doesn't he fly out of LaBelle also?
COMMISSIONER COYLE: Sure.
COMMISSIONER NANCE: No, no.
COMMISSIONER FIALA: Well, he told us he did.
COMMISSIONER COYLE: Yes, he lives there.
COMMISSIONER FIALA: Yeah.
COMMISSIONER NANCE: He lives there, but I don't think --
he's not flying out of --
COMMISSIONER FIALA: He told us -- wasn't he flying out of
LaBelle, and he said it was cheaper to fly out of there?
MR. CURRY: Yeah. I think he mentioned that he flies out of
there, but he does crop dusting out of Immokalee.
COMMISSIONER FIALA: Oh, okay, fine. So he flies out of
there but crop dusting here, okay. And was -- and that's just what I
wanted to know.
So he can -- can he do crop dusting out of there as well? Not that
I want to see him move, don't get me wrong. I'm not asking that. Do
they not have crop dusting facilities there?
MR. CURRY: I'm not that aware of what LaBelle authorizes or
not.
COMMISSIONER FIALA: I'm thinking of business expansion;
that's why I'm asking that question.
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April 23, 2013
MR. CURRY: Yeah. I'm not too familiar with LaBelle's
operation.
COMMISSIONER FIALA: Oh, okay. Because when
Commissioner Nance was talking about the necessity and the need for
it, I'm thinking he could even expand his business into LaBelle,
because I knew he flew in there. Okay.
MR. CURRY: Well, Immokalee airport certainly needs crop
dusting. And, again, I'm not addressing the individual. I'm addressing
the activity. But with the amount of agriculture around the area, the
airport needs and supports crop dusting.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: Thank you. It doesn't appear there's
any further conversation on this matter. I do want to address just a
couple of comments that Commissioner Coyle made.
The board didn't drive off the advisory board members. They,
you know, chose to voluntarily leave. We actually -- the good news
is, we have more applicants for the open seats than we have open
seats.
So I believe that there's a whole bunch of applicants that will be
coming forward to fill in the vacancies on that board, which is very
positive.
Commissioner Nance, you addressed security. We need to revisit
security at the airport. We need to make a determination as to what
the appropriate level of security is based on the activity in the nature
of that airport and ensure that the security master plan, which we have
never seen and have never approved, is, in fact, the appropriate level
of security for that airport. So I'll go ahead and bring that back at a
future board meeting.
That being said and there being no further discussion, there is a
motion and a second, that motion being for Commissioner Henning to
bring the parties together to negotiate a lease for a term of years
considering the factors that I put forth in the executive summary and
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April 23, 2013
to bring that back to the board for approval in the second meeting in
May. And the motion was made by myself, seconded by
Commissioner Henning.
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 carries 4 -1 with
Commissioner Coyle dissenting.
COMMISSIONER FIALA: Break time.
CHAIRWOMAN HILLER: Do we need a break, court reporter?
Thank you.
MR. OCHS: Ten minutes, ma'am.
CHAIRWOMAN HILLER: Yes.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRWOMAN HILLER: Thank you. We have a live mike
but no quorum. It's like Thor, you know.
MR. OCHS: And no attorney.
Item #9A
RESOLUTION 2013 -99: RECOMMENDATION TO APPROVE
PETITION VAC- PL20120002564, TO DISCLAIM, RENOUNCE
AND VACATE COUNTY AND 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
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April 23, 2013
THROUGH 49 OF 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 APPROVE
THE GRANT OF EASEMENT TO REPLACE THE VACATED
U.R.O.S. EASEMENT — ADOPTED
CHAIRWOMAN HILLER: The next item on the agenda is 9A.
MR. OCHS: Yes, ma'am. This item has been continued from the
March 12, 2013, BCC meeting and further continued from the April 9,
2013, BCC meeting. This item requires that ex parte disclosure be
provided by commission members, and all participants are required to
be sworn in.
This is a 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 being a part of Tract S of Embassy Woods Golf and
Country club at Bretonne Park, Phase 1, 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.
And more specifically shown in Exhibit A, and to approve the
grant of easement to replace the vacated UROS easement.
CHAIRWOMAN HILLER: Counsel for the petitioner? Oh,
actually, we need to have everyone sworn in first. So everybody
stand.
MR. MILLER: We do have three public speakers.
CHAIRWOMAN HILLER: Public speakers -- do you intend to
speaks?
MS. RICOBENEL: As long as what we agreed to is put into --
yes, we will.
CHAIRWOMAN HILLER: Okay. So then can you please rise.
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April 23, 2013
What you're saying is that if what you've proposed is entered on the
record and you find that acceptable, then you will waive your right to
speak; not speak?
COMMISSIONER NANCE: Swear everybody.
MR. OCHS: I believe that's --
CHAIRWOMAN HILLER: Well, we'll swear you in just as a
precaution.
MS. RICOBENEL: We waive.
CHAIRWOMAN HILLER: We waive, okay. Then you don't
need to -- could you please make a note that the public speakers have
waived.
Go ahead.
(The speakers were duly sworn and indicated in the affirmative.)
MR. OCHS: Ex parte disclosure, Madam Chairman.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: A meeting and email from the
petitioner's agent.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: No ex parte disclosure by me on
this issue.
CHAIRWOMAN HILLER: No ex parte.
Commissioner Fiala, Commissioner Coyle, ex parte disclosure on
9A.
COMMISSIONER FIALA: 9A? Excuse me for just a minute. I
just spoke with staff; that's it.
COMMISSIONER COYLE: I have no disclosure.
CHAIRWOMAN HILLER: Thank you. Please proceed.
MR. MURRELL: Thank you, Madam Chair, Commissioners.
Robert Murrell for Glen Eagle Golf and Country Club, Inc.
This matter was coming before the commission due to a
complaint that had been filed by a letter by the Goodman Group.
They have withdrawn that complaint so long as the resolution has the
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April 23, 2013
stated language that you see on the screen. That language has been
reviewed by the county attorney, by county staff, and also by us as
well. And no one has any objections, and so they're removing their
objection for that. And so, therefore, we'd ask the approval of the
vacation as well as the approval of the conservation easement.
CHAIRWOMAN HILLER: Motion to approve as amended.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER FIALA: Sorry, Commissioner Henning. We
should have let you make that motion.
COMMISSIONER HENNING: No, actually, it used to be me,
but now it's Commissioner Coyle.
COMMISSIONER FIALA: Oh, is it? Wow. How did you get
way over there?
CHAIRWOMAN HILLER: County Manager?
COMMISSIONER COYLE: I inherited it.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Let's proceed to 10A.
MR. OCHS: Would you like to do 9B or go to --
CHAIRWOMAN HILLER: Oh.
MR. OCHS: 9B was the add -on.
CHAIRWOMAN HILLER: You know what, let's very quickly
do 10A, 10B, and 10C.
COMMISSIONER FIALA: Did you enjoy spending the day
with us, gentlemen? Did you enjoy spending the day here?
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Apri123, 2013
MR. KLATZKOW: It was profitable.
Item #I OA
RESOLUTION 20 -13 -100: APPOINTING MARK S. WEBER (FOR
A TERM EXPIRING NOVEMBER 13, 2013) TO VANDERBILT
BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE —
ADOPTED
MR. OCHS: Commissioners, Item 10A is appointment of a
member to the Vanderbilt Beach Beautification MSTU Advisory
Committee for a term expiring on November 13, 2013, and Mr. Mark
S. Weber has been recommended for appointment.
CHAIRWOMAN HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Next appointment?
Item # l OB
RESOLUTION 2013 -101: REAPPOINTING CLARENCE S.
TEARS, JR. (ECOLOGY, ENVIRONMENTAL /CONSERVATION,
AG /BUSINESS AND LAND APPRAISAL CATEGORY) AND
JOHN H. BURTON (ENVIRONMENTAL /CONSERVATION,
EDUCATIONAL, AG /BUSINESS AND REAL ESTATE /LAND
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April 23, 2013
ACQUISITION CATEGORY) WITH TERMS EXPIRING
FEBRUARY 11, 2016 TO THE CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE — ADOPTED
MR. OCHS: IOB is a recommendation to reappoint two
members of the Conservation Collier Land Acquisition Advisory
Committee for terms expiring on February 11, 2016. Mr. Clarence --
COMMISSIONER NANCE: I move to reappoint Mr. Clarence
Tears and Mr. John Burton.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #I OC
RESOLUTION 2013 -102: REAPPOINTING EDWARD "SKI"
OLESKY (FOR A TERM EXPIRING APRIL 4, 2017) TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
— ADOPTED
MR. OCHS: Item IOC, Commissioners, is a recommendation to
reappoint one member to represent the local business and residential
category as required by Ordinance 95 -22, as amended, for the
Enterprise Zone Development Agency.
COMMISSIONER NANCE: I move to reappoint Mr. Ski
Olesky.
COMMISSIONER FIALA: Second.
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Apri123, 2013
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Would you like to go back to 9D -- or 913, I'm
sorry.
CHAIRWOMAN HILLER: Yes, please.
Item #9B
ORDINANCE 2013 -30: RECOMMENDATION TO APPROVE
AND ADOPT PROPOSED AMENDMENTS TO THE TOURIST
DEVELOPMENT TAX (TDT) ORDINANCE TO INCREASE
DESTINATION MARKETING EFFORTS AND THE ANNUAL
ACCUMULATION OF RESERVES FOR BEACH
RENOURISHMENT; AUTHORIZE THE CHAIRWOMAN TO
EXECUTE ORDINANCE AMENDMENTS; AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS —ADOPTED;
REQUESTED TO SCHEDULE A FUTURE WORKSHOP ON
MUSEUM OPERATIONS' FUNDING
MR. OCHS: Item 9B was previously Item 17D on your
summary agenda. It's a recommendation to approve and adopt the
proposed amendments to the tourist development tax ordinance to
increase destination marketing efforts and the annual accumulation of
reserves for beach renourishment; authorize the chairwoman to
execute the ordinance amendment, and approve all necessary budget
amendments. Approval of this amendment requires supermaj ority
vote.
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April 23, 2013
And Commissioner Fiala asked to have this moved to the regular
agenda.
COMMISSIONER FIALA: Right. And the rest of it is just fine
with me. You know, I don't have any objection, as I said at the
meeting this morning. We were only going to- pull the one little piece
out that had to do with challenging -- no, that isn't -- assigning the
museum people the obligation of possibly -- and it's nothing stated in
blood or anything, but possibly collecting admission fees.
And I suggest to you that we don't do that, as we do not do any
library fees. I think that that's important that we keep some of these
opportunities available to people, if nothing else but to make it a more
appealing place to visit or to vacation.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I'm sorry. I'm trying to pull it
up, Commissioner Fiala. Could you tell me which --
COMMISSIONER FIALA: 1 O -- I mean, 17D.
COMMISSIONER HENNING: Yes. I have that, but in the
ordinance where it says that the museum people need to possibly do
charging.
COMMISSIONER FIALA: Yeah. You want me to tell you the
paragraph of it? I can do that easily enough. I've got it marked down.
MR. OCHS: Madam Chairwoman, I don't believe it's in the
ordinance.
COMMISSIONER NANCE: It's in the discussion.
MR. OCHS: It was in the executive summary. I've got it on the
visualizer, sir.
COMMISSIONER FIALA: Okay.
MR. OCHS: It was just a reference in the executive summary to
different types of potential fundraising and revenue - enhancement
options that may be used in some combination to raise the $200,000
that would be otherwise backstopped by your General Fund.
CHAIRWOMAN HILLER: Commissioner Nance?
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April 23, 2013
MR. OCHS: We don't have any particular plan as we speak here
today, Commissioners, to charge an admission fee certainly, to county
residents and at this point even non - county residents. We were going
to try to exhaust the other avenues before we had to resort to this.
COMMISSIONER NANCE: Commissioner Fiala, I share your
passion and support for the museums, and I'm going to suggest that at
some time to have a workshop in the fall that we sit down and talk
about the museums and how we can assist them. I share some of your
concerns.
I think it would be a good time. I don't think Mr. Ochs or
anybody else has spent a lot of time talking about this. They just
wanted to make those changes for TDC with Mr. Wert, and I think
everybody supported that.
But I would welcome an opportunity to talk about what we can
do as a board to support the museums and work out a good program
for them, and I hope to get some support from somebody.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Commissioner Nance, what a
great idea to resolve an issue; you know, we're changing. And I'm
glad the county manager -- but I didn't see it in the executive summary
-- you know, stated that he will backstop the museums with General
Fund monies in the future if needed.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Okay. And that's still a
commitment?
MR. OCHS: Yes, absolutely.
COMMISSIONER HENNING: But I think Commissioner
Nance has a great idea to resolve any concerns that you have.
COMMISSIONER FIALA: Great, great.
CHAIRWOMAN HILLER: So let me make a motion to approve
the ordinance as presented and to recommend that the county manager
place this matter of funding museum operations on a future workshop
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April 23, 2013
agenda.
May I have a second?
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Yes.
MR. OCHS: Be happy to do that. Probably before we get to a
workshop on this item you'll see something from the museum staff as
part of your budget review in June.
CHAIRWOMAN HILLER: That's fine. However you'd like to
propose it. It is something we'd like to discuss.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: There being a motion and a second,
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.
COMMISSIONER HENNING: Good job.
MR. OCHS: Thanks.
COMMISSIONER FIALA: Great presentation, Jack.
MR. WERT: Thank you, again.
CHAIRWOMAN HILLER: Very bubbly, very effervescent.
COMMISSIONER NANCE: Jack, you need to go back and start
making some calls and get some more people down here.
MR. WERT: I'm on my way right now.
COMMISSIONER NANCE: Okay.
Item #I OG
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS REQUEST STAFF PREPARE AND RELEASE
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April 23, 2013
AN RFP FOR PROFESSIONAL REAL ESTATE SERVICES SO
THE COUNTY SHALL HAVE STANDING CONTRACTS WITH
BOTH COMMERCIAL AND RESIDENTIAL BROKERAGE AND
PROPERTY MANAGEMENT FIRMS, TO ASSIST THE COUNTY
WITH THE PURCHASE, SALE, LEASE AND MANAGEMENT
OF THE COUNTY'S SIGNIFICANT REAL ESTATE HOLDINGS.
THE CONTRACTS SHALL BE FOR A TWO YEAR TERM. IT IS
RECOMMENDED 2 COMMERCIAL AND 2 RESIDENTIAL
BROKERAGE/PROPERTY MANAGEMENT FIRMS SHALL BE
SELECTED BY THE BOARD FROM AMONG APPLICANTS.
THE LIST OF ALL APPLICANTS, TO INCLUDE STAFF'S
RECOMMENDATION OF THE TOP TEN FIRMS, SHALL BE
PRESENTED TO THE BOARD FOR FINAL SELECTION AND
APPROVAL AT THE SECOND PUBLIC BOARD MEETING IN
JUNE, 2013. ESTABLISHING SUCH CONTRACTS FOR THE
COUNTY'S BENEFIT IS IN LINE WITH THE COUNTY'S
EXISTING PRACTICE OF STANDING CONTRACTS WITH
PROFESSIONALS SUCH AS ENGINEERS AND APPRAISERS,
PROVIDING ASSISTANCE AND SUPPLEMENTING STAFF
INITIATIVES WITHOUT THE NEED TO HIRE ADDITIONAL
FULL TIME PERSONNEL. NOTHING SHALL PRECLUDE THE
COUNTY FROM CONTRACTING WITH OTHER REAL ESTATE
BROKERAGE/MANAGEMENT FIRMS SHOULD THE NEED
ARISE, I.E., NEED FOR SPECIALIZED KNOWLEDGE AS TO A
SPECIFIC PROJECT — MOTION TO APPROVE W/ INCLUSION
OF EXPERTISE IN INDUSTRIAL (USING THE CURRENT
METHODOLOGY) — APPROVED
MR. OCHS: Commissioners, that takes you to Item IOG on your
agenda. It's a recommendation that the Board of County
Commissioners request that staff prepare and release an RFP for
professional real estate services so the county shall have standing
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April 23, 2013
contracts with both commercial and residential brokerage and property
management firms to assist the county with the purchase, sale, lease,
and management of the county's significant real estate holdings.
Contracts shall be for a two -year term.
It is recommended that two commercial, two residential
brokerage property management firms shall be selected by the board
from among the applicants. A list of all applicants include staff s
recommendation of the top 10 firms. It shall be presented to the board
for final selection and approval at the second board meeting in June of
2013 establishing such contracts for the county's benefit as in line with
the county's existing practice of standing contracts with professionals
such as engineers and appraisers; providing assistance and
supplementing staff initiatives without the need to hire additional
full -time personnel.
Nothing shall preclude the county from contracting with other
real estate brokerage and management firms should the need arise; for
example, the need for specialized knowledge as to a specific project.
And Commissioner Hiller brought this item onto the agenda.
CHAIRWOMAN HILLER: The idea for this executive
summary actually came from the last board meeting where
Commissioner Nance had included this concept as it related, I believe,
to one or a couple of the airports, and it dawned on me that, you know,
this is actually something we need to do countywide and makes
perfect sense, as we do it with so many other professionals.
I consulted with the county manager and asked his input on this
to see whether he was supportive and whether he thought it would
benefit his staff to have shell contracts of this nature and, in fact, he
said it is something that would benefit him and that he would
appreciate assistance with.
To give you an example, we recently decided to sell some
property in Bayshore -- Bayfront? Bayshore? Bayshore? Bayshore,
thank you -- end of the day -- and we had to go out and contract with
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April 23, 2013
real estate professionals. You know, if we had had these standing
contracts in place, it would have been automatic. They would have
been able to, you know, go ahead, and those agents would have listed
the property and gotten it done for us, and there would have been no
delay.
So it's a great way for us to expand our staffing without
additional cost. You know, there is no cost to us if the service is not
provided. The cost of the service is the same whether we have these
standing agreements or whether we go out to contract individually.
Nothing precludes us from being able to contract individually on
specific projects if we seek to bring in a different broker with a
different level of specialized skills, and the same thing holds true for
property management firms.
Like, for example, when we had the NSP housing, a property
management firm could have, you know, either leased that housing
out for us, collected the rents for us, maintained the property for us,
and, again, we wouldn't have had to hire the staff to do it. We, you
know, pay a percentage of rents collected or, you know, whatever
arrangement the county manager believes is appropriate.
And it's just an all- around very efficient, effective way of
bringing on some, you know, outstanding professionals to supplement
our very good staff.
Commissioner Nance?
COMMISSIONER FIALA: I think it was first Nance, then Fiala,
then Henning.
CHAIRWOMAN HILLER: Okay, there you go. N, F, H.
COMMISSIONER NANCE: I think this is a great agenda item.
I support it 100 percent. If somebody wants to make -- I will make a
motion to approve with a friendly amendment that we certainly should
also include some expertise with industrial, because we've mentioned
commercial and residential. But just to be clear --
CHAIRWOMAN HILLER: Yes.
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COMMISSIONER NANCE: -- that we should have some
expertise in that area.
CHAIRWOMAN HILLER: Right, yes, yes, yes, absolutely.
COMMISSIONER NANCE: I will make a motion to approve. I
think this is a great agenda item.
CHAIRWOMAN HILLER: It's my oversight. I was inclusive
when I meant commercial. But you're right, thank you.
COMMISSIONER HENNING: And I'll second that motion, and
I think this does dovetail on what you had on --
COMMISSIONER NANCE: I think it's great.
COMMISSIONER HENNING: Yep, and as- needed basis.
CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: Perfect.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: And that was an important, on an
as- needed basis.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER FIALA: When I read the -- on the second
page here it says, thereby reducing the county's personnel costs since
the county's fixed costs for such labor would be replaced by lower
variable costs. And I just thought -- I just hope we don't go trying to
outsource --
CHAIRWOMAN HILLER: No.
COMMISSIONER FIALA: -- because I don't want to see people
-- excuse me. I just don't want to see people losing jobs.
CHAIRWOMAN HILLER: No. It's the opposite. We're actually
just -- we're keeping the people we have. We just don't have to hire
more full -time employees --
COMMISSIONER FIALA: Right.
CHAIRWOMAN HILLER: -- if there's variability.
COMMISSIONER FIALA: It's seldom that we don't have
somebody to do the job, but it's -- but I agree that there are times when
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you need a different expertise, and that's a great thing. I just didn't
want to see us reducing our quality of employees. Like when we hired
landscaping contractors, and then we had so many problems. You
know, we were in an effort to reduce costs. Yes, we're in a
cost - saving mode because we were in a recession, but we had to
accept lesser quality, and we certainly got a lesser product, and it
showed. As we tried to show our stuff, we couldn't do a very good job.
So I'm hoping that --
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: -- we don't lose any employees.
And let me see. Okay. Okay. And these are just people that we
don't have on staff filling it, just like the industrial, as was mentioned,
right? I just want to make sure we're not going to lose any employees.
MR. OCHS: No, ma'am. This is supplemental to your in -house
staff.
COMMISSIONER FIALA: Okay, good.
CHAIRWOMAN HILLER: Exactly. That's exactly right. We
have one public speaker?
MR. MILLER: Yes. John Lundin is your registered speaker on
this item.
MR. LUNDIN: Hi, John Lundin.
Today is Shakespeare's birthday. Shakespeare was born 452
years ago. A lot of Shakespeare plays deal with government, and I
think there's one specific Shakespeare play that relates to this issue
from Hamlet, and there's a quote from a Shakespeare play called
"Something is Rotten in Denmark." I think this applies to this agenda.
And I ask that you not vote for this RFP. In my opinion, this
seems like an attempt to raise campaign contributions. And the reason
I say that is because it's done right at the time of campaign season. It
wasn't done last year, two years ago, three years ago. It's being done
right now.
And I think this is just a way to take taxpayer money and reward
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real estate people and property management people with the idea that
they have to bid, and they will donate a lot of campaign money to any
election coming up.
So I'd say something is rotten in Collier County. Thank you.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I have a question.
Mr. Lundin, somewhere I missed in the executive summary about
campaign donations. Can you provide me the page and paragraph?
MR. LUNDIN: Well, if you read the executive summary, you
want to rate 10 companies. And out of those 10 companies, four of
them will receive contracts.
So what you will have is a situation where, in order to gain favor
with the three majority vote on here, there will probably be a bidding
situation where people might think that giving campaign contributions
to a candidate for County Commissioner, it might gain influence
where they would actually be voted to giving these contracts.
COMMISSIONER HENNING: Okay. So you're saying that
there's no reference in the executive summary about campaign
contributions?
MR. LUNDIN: Well, actually --
COMMISSIONER HENNING: No, you didn't answer my
question, so I'm going to move on.
MR. LUNDIN: You asked me a question.
COMMISSIONER HENNING: I did, and you didn't answer it,
okay, so I'm going to move on.
MR. LUNDIN: Of course there's no reference. You wouldn't put
a reference like that in an RFP. It would be hidden. The whole idea is
to --
COMMISSIONER HENNING: They are public documents.
Second, the ranking of any professionals is going to come from
staff, and they're going to make a recommendation of the top one, so --
MR. LUNDIN: Yeah, but who's going to vote? You're going to
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vote on it, correct? You need three votes, correct? You're the
ultimate authority that will vote to spend taxpayer money to hire these
four people.
COMMISSIONER HENNING: We approve contracts every day
by recommendation of the staff.
MR. LUNDIN: And sometimes you overrule staff and you vote
however you want to vote.
COMMISSIONER HENNING: On contracts?
MR. LUNDIN: Yes.
COMMISSIONER HENNING: Would you provide me which
contract?
MR. LUNDIN: You have that ability to do that.
COMMISSIONER HENNING: Okay.
MR. LUNDIN: It's a three -vote majority to approve this
contract, correct? Correct?
COMMISSIONER HENNING: It is a three -vote majority, but
what you're saying is just so absurd.
MR. LUNDIN: You don't pay attention to American politics too
well. Everywhere -- this is called pay to play. Politicians do it all the
time. Look at Tallahassee. Every day they pass laws based on how
many campaign contributions.
COMMISSIONER HENNING: Well, that's Tallahassee.
MR. LUNDIN: This is Collier County.
COMMISSIONER HENNING: Are you a resident of Collier
County, or did you move back over to the east coast?
MR. LUNDIN: I'm glad you asked me that. I was living in
Immokalee last year, and I had my car stolen.
COMMISSIONER HENNING: Okay.
MR. LUNDIN: And I've been threatened by the Blockers three
times. And here's the perfect example. You voted for 540 million --
you asked me a question, why I'm not living here. You voted for this
$540,000 settlement for the Blockers, and there's a lot of campaign
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contributions tied to that.
Now, if you say this is not done in politics, you are being very
naive.
COMMISSIONER HENNING: So you're saying that you're not
even a resident of Collier County anymore, even though you were a
candidate and, furthermore --
MR. LUNDIN: How is that relevant to this issue? How is that
relevant to this agenda issue? It's not. You're out of order. This is not
a relevant question.
COMMISSIONER HENNING: Well, then you shouldn't have
answered the question.
MR. LUNDIN: I did. I said I'm not living here right now.
COMMISSIONER HENNING: And, furthermore, you don't
believe in the First Amendment right.
MR. LUNDIN: What do you mean?
COMMISSIONER HENNING: The Supreme Court stated about
campaign contributions. Look it up.
MR. LUNDIN: But it's still unethical. It's not illegal to accept
campaign contributions and then vote for a contract to give people
taxpayer money. That is totally legal, but it's unethical.
COMMISSIONER HENNING: There's nothing on this agenda
today except contributions and campaign -- you're not even a resident,
and we're having a conversation with you?
MR. LUNDIN: Yeah. I'm the public. I have a right to speak
here.
COMMISSIONER HENNING: You want to serve the residents,
but now you moved away? I don't understand it.
MR. LUNDIN: Yeah, you don't understand.
CHAIRWOMAN HILLER: County Attorney, can you address
the allegations made by Mr. Lundin and the action of this board?
MR. KLATZKOW: Okay. We have set up a system to keep you
out of the fray. And that system is staff will generally have a selection
April 23, 2013
committee. That selection committee is unknown to people who are
putting together proposals so that they can't be bribed ahead of time.
The selection kitty will go through, will rank them and give them
to you. I've been here 10 years. I'm not going to say every single time
you've taken staff s recommendation, but I can't recall a single time
that you didn't.
So, you know, to allege somehow we're taking campaign
donations because staff is giving you a recommendation, I just don't
get the connection.
COMMISSIONER NANCE: Mr. Klatzkow, how many different
services do we utilize this same technique?
MR. KLATZKOW: We use it for everything.
COMMISSIONER NANCE: Thank you.
COMMISSIONER COYLE: Wait, wait just a minute.
Sometimes you've got to ask a different question to get the right
answer. This is different in many respects from what we do.
Frequently, almost always staff comes up with recommendations,
and they rank all of the recommendations, one, two, three, four, five.
They will recommend the first one or two or three, depending upon
what we're looking for, then we ratify that selection. This case is
different. You're very perceptive, Mr. Lundin, even though I disagree
with you on a lot of things.
This is specifically written to be different. You're giving -- staff
is giving us a list of applicants consisting of 10 firms from which we
will then select four.
So it is clear that the authority to make the final selections is
being done without the staff s recommendation.
COMMISSIONER NANCE: I will change my -- amend my
motion to the normal practice for accomplishing this sort --
CHAIRWOMAN HILLER: No. But let me -- hang on a second.
This was all discussed with the county manager. Because there are
four firms being selected, since the top 10 are being ranked, to pick
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four -- we're picking four out of 10, so it's exactly the same as we
normally do it. Normally we pick, you know, one out of five or one
out of 10. We're picking four out of 10. So, basically, we're being --
County Manager, do you want to explain?
MR. OCHS : Commissioner, it was my intent to use the same
process that --
CHAIRWOMAN HILLER: Exactly.
MR. OCHS: -- we used to procure other professional services,
like engineering services or architectural services. Even though those
are CCNA and this is not, we would use the same process where the
staff evaluates all the proposals.
In this case we have two different categories. We have the
residential group and then the commercial /industrial group. We will
bring them all back to you with a rank- ordered list, staff rank ordered,
and then make our recommendations to the board if that works for the
commissioners.
COMMISSIONER NANCE: That's fine.
COMMISSIONER COYLE: That's not what this says. But if
that's what you're going to do, that's wonderful.
CHAIRWOMAN HILLER: That is what we're doing.
MR. LUNDIN: Commissioner Coyle, could I comment on what
you just said?
CHAIRWOMAN HILLER: No, your time is up.
MR. LUNDIN: Could I just ask Commissioner Coyle?
CHAIRWOMAN HILLER: No, Mr. Lundin, your time is up.
No. I'm sorry.
COMMISSIONER COYLE: Can I ask you a question?
CHAIRWOMAN HILLER: No, I'm sorry.
Your times up, Mr. Lundin. Thank you. You may be seated.
COMMISSIONER COYLE: Is my time up? Do I get a chance
to ask a question?
CHAIRWOMAN HILLER: Actually, it's Commissioner
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Henning's turn.
COMMISSIONER HENNING: I call the motion.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Yeah, I'm opposed until I see a
clear written description of what you're going to do.
CHAIRWOMAN HILLER: Motion carries 4 -1 --
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: -- with Commissioner Coyle
dissenting.
This board does not engage in pay to play, Mr. Lundin. You're
out of order.
MR. OCHS: Commissioners, I will provide a brief memo to all
the commissioners on the methodology that we will use in this RFP
process, if that --
COMMISSIONER HENNING: And Commissioner Coyle has
the right to change his vote then.
COMMISSIONER COYLE: Yep.
MR. OCHS: And I appreciate the question, sir. We'll make sure
that you -all get that.
COMMISSIONER COYLE: Just remember, this is not the first
time that a member of this board has tried to dictate the selection of a
contractor for the county, okay. And you know the other times.
COMMISSIONER HENNING: What's the next item?
CHAIRWOMAN HILLER: The next item on the agenda is 11 A.
Item #1 I A
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RECOMMENDATION TO AUTHORIZE THE ADVERTISEMENT
OF AN ORDINANCE FOR FUTURE CONSIDERATION WHICH
WOULD AMEND ORDINANCE NO. 76 -489 AS AMENDED, TO
PERMIT DOGS ON LEASHES WITHIN DESIGNATED COUNTY
PARKS — APPROVED
MR. OCHS: Madam Chair, the next item is I IA. It's a
recommendation to authorize the advertisement of an ordinance for
future consideration which would amend Ordinance No. 76 -48, as
amended, to permit dogs on leashes within designated county parks.
And Mr. Williams, your Parks and Recreation director, can
answer questions or make a presentation at the pleasure of the board.
CHAIRWOMAN HILLER: I'd like to make a motion to
approve.
COMMISSIONER HENNING: I'll second the motion, and I
want to thank you for bringing this forward even though I was -- had
some reservations. It was a great job.
CHAIRWOMAN HILLER: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. As I noticed here you were
mentioning -- this is, oh, my goodness, about three - quarters of the way
down, and it talks about currently the parks' plan for having dog parks.
One of them says Manatee Community Park, but that -- we don't even
have any funding to build that park for years and years to come, do
we?
MR. WILLIAMS: Barry Williams, Parks and Recreation
director.
Ma'am, I'm not sure where you -- where do you see that, if you
might?
COMMISSIONER FIALA: It's on the second page right above
-- where it says legal consideration, the paragraph above that.
MR. WILLIAMS: Yes, ma'am, if I can, just to explain. And
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you're correct, Manatee Park is many years away from being
constructed; however, we do have construction plans that do have a
dog park planned for that park -- for that particular park, so --
COMMISSIONER FIALA: Even though we're not going to have
a park in there years and years to come?
MR. WILLIAMS: We do have construction plans that include a
dog park. But that's correct, it will be many years before we build
that.
COMMISSIONER FIALA: Before we build the park or the dog
park?
MR. WILLIAMS: Both.
COMMISSIONER FIALA: Oh, okay, fine.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: I just wanted to clarify. Sometimes I
want -- you know, it's always better to have it all spelled out
completely.
Okay. And then there was another thing in here. I feel that there
should be some parks that possibly don't have dogs running in them
just because of kids being afraid of them or yelling or screaming or
whatever might frighten the dogs. But when it comes to letting the
dogs roam free in the parks, I think we're going to have to be real
careful about that.
MR. WILLIAMS: Yes, ma'am. And I agree. In the ordinance,
what it provides for is dogs on leashes, so the dogs will have to be --
COMMISSIONER FIALA: Right, but then it says -- but then it
say -- later on it says, we're going to -- somewhere in here as I was
reading, and I wish I would have pointed it out -- that then we're going
to analyze and see if we can let them roam free. It said without
leashes, right?
CHAIRWOMAN HILLER: That's for dog parks.
MR. WILLIAMS: We would look -- we'd like to try this
approach first, have dogs on leashes in our park system. We hope that
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that will help give dog owners an opportunity to allow their dogs to
exercise in our parks. We do want to look at other possible dog parks,
off -leash parks.
COMMISSIONER FIALA: Oh, that's good.
MR. WILLIAMS: And so that's just saying, let's do this first and
see how that does for the public, and do that analysis at a later date.
COMMISSIONER FIALA: An off -leash park, then, means a
confined area?
MR. OCHS: Confined area, yes, Commissioner. Fenced off.
COMMISSIONER FIALA: Okay. And then, lastly, there isn't
anything in there -- I mean, I think it's great, because people want a
place to take their dogs. I don't disagree with that. I just want to make
sure safety measures are in place.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: And also cleanliness measures, and
so my --
MR. WILLIAMS: Absolutely.
COMMISSIONER FIALA: My question is -- we have some
people that really don't care what the rules or the laws say; they feel
that their dog is an exception or they're an exception, and they don't
have to pick up after them. Do we have -- will we have anything in
place that prohibits somebody from coming in who doesn't follow
through and clean up after their animal? Especially in a place where
all the people are walking or playing with their kids or something.
MR. WILLIAMS: We'd like to offer that the ordinance provides
for dogs in certain areas of the parks not being allowed, in
playgrounds, athletic fields, where children or adults play. We'd also
like to include language that allows us to fine somebody if they don't
pick up after their dogs, so we're asking for that consideration.
We don't think that that's going to be a big issue. We've talked
with the City of Naples. They allow dogs in their parks. They've not
really had an issue, talking to Mr. Lykins down there. But we do want
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to have that ability to enforce that if we do find people that aren't
taking care of their dogs.
COMMISSIONER FIALA: And, lastly, I was pleased to see, by
the way, that you aren't going to let the dogs in certain areas, like
playgrounds, for instance. Things like that could scare a dog when the
kids are jumping off a swing or --
MR. WILLIAMS: Absolutely.
COMMISSIONER FIALA: -- you know, running wildly or
something. I mean, we'd love to have them playing and running, but it
could scare an animal, and that could be a problem.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I think this is going to be a
good thing. I think your biggest challenge is going to be to delineate
where you want dogs and where you don't want dogs and how to
communicate that to the people with the dogs.
MR. WILLIAMS: I agree.
COMMISSIONER NANCE: I think that's going to be a big
crisis for you. So I think you're going to need to get some literature
together, you're going to need to get some universal signs put out or
do something, because it's not going to be a problem with
Commissioner Hiller's district, because she has, like, little, small, cute
friendly dogs. But the dogs I have, if they get in the wrong place, then
there's going to be casualties.
CHAIRWOMAN HILLER: That is so discriminatory.
COMMISSIONER NANCE: I'm trying to describe your dogs in
the nicest possible terms. I'm just trying to be practical here, because
Mr. Williams is going to have to explain why we have, like,
amputations taking place in the parks.
So please come back and let us know, you know, because your
visitors are not going to have the ability to read this ordinance to know
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where to go and where not to go. So I hope you will come back to us
with a plan in how you're going to inform them, and I think that's
going to be your biggest problem.
MR. WILLIAMS: Yes, sir. And we will come back with the
ordinance with a plan of how we're going to communicate and educate
the public about this change.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN HILLER: It's really very positive.
Commissioner Coyle, are you going to talk to us about your dog?
COMMISSIONER COYLE: Yes, I am.
CHAIRWOMAN HILLER: How did I know?
COMMISSIONER COYLE: My dog is better mannered than
most others. They will not go in public.
But anyway, are you planning to put doggy bag dispensers in the
areas where you're walking them? Because that will serve two
purposes. It will tell people that this is an authorized area for dogs,
but it will also give them the bags which they can use to clean up after
the dogs, because a lot of people who go walking their dogs don't
always think to bring bags along with them. So if we don't provide
them, you can be absolutely certain there will be waste left behind.
MR. WILLIAMS: And we will look at that. We've included in
our estimation of what costs are associated with this ordinance change,
and some of that cost reflects some of those items that you're
describing. We can put those items in places where people traffic and
use the parks, so --
COMMISSIONER COYLE: Accompanied by a disposal
container?
MR. WILLIAMS: Yes.
CHAIRWOMAN HILLER:
all --
There being no further discussion,
COMMISSIONER FIALA: Just one more fast question. What
does FCT mean?
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April 23, 2013
MR. WILLIAMS: Florida Communities Trust. We receive
funding from Florida Communities Trust in a variety of our parks. In
Sugden Park, we have funding from them.
CHAIRWOMAN HILLER: Okay. There being no further
discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
in.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER FIALA: Come to think of it, you wrote that
CHAIRWOMAN HILLER: Next item is I IB.
Item #1 1 B
RECOMMENDATION TO AUTHORIZE THE ADVERTISEMENT
OF AN ORDINANCE FOR FUTURE CONSIDERATION WHICH
WOULD REPEAL AND REPLACE ORDINANCE NO. 93 -729 AS
AMENDED, IN ORDER TO ESTABLISH A NEW "COLLIER
COUNTY ADMINISTRATOR'S ORDINANCE" — APPROVED
MR. OCHS: Next is I IB. It's a recommendation to authorize the
advertisement of an ordinance for future consideration which would
repeal and replace Ordinance No. 93 -72, as amended, in order to
establish a new Collier County administrator's ordinance.
Commissioners, at your February 12th meeting the board
directed the county attorney and I to review the current county
administrators ordinance with an eye toward seeing if it could be more
closely aligned with the state statutes governing the responsibilities of
county administrators and also to address some of the other issues or
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concerns or suggestions that were brought up during that discussion.
As a result of that, I had sent a draft to the county attorney, and
we worked on this together, and we're recommending the ordinance
that's part of your agenda today.
There's really, in my view, only two substantive areas of
amendment. The first was to add a new Section 2, which is purpose,
which adds language that, substantially, it mirrors the Florida Statutes,
Section 125.70, to be precise. It sets the intent and sets out the
delineation of the responsibilities and roles between the Board of
County Commissioners and the county administrator.
And the second section that we added new was Section 4, which
reformats previous sections of the current ordinance and reorganizes
them under Section 4, which would be titled "board as policy maker."
It also provides some additional language from state statute, and it
eliminates the current reference to the penalty provisions associated
with a board member violating the provisions of the ordinance, but it
does not remove the prohibition against interference by board
members with the county manager's ability to hire, fire, and supervise
employees in the county manager's agency or for the board to direct or
otherwise interfere with the performance of county staff except for the
purpose of inquiry and information.
I'm comfortable with the changes as they've been proposed here,
and I stand ready to address any questions the board has.
CHAIRWOMAN HILLER: I'd like to make a motion to
approve.
COMMISSIONER HENNING: I'll second it.
COMMISSIONER COYLE: I have a question, if you don't
mind.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER COYLE: A very minor one. I have talked
with the county manager about this. And what I don't understand -- I
like -- the changes are good, they're fine, I don't have an objection to
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them. But the one thing that puzzles me is why were the penalties for
violations removed from the ordinance? We should -- they've been
there in the past; apparently, they still apply. The question is, why did
we take them out of this ordinance?
MR. OCHS: Commissioner, frankly, I viewed those more for the
benefit of the board than for the county manager. And I don't mean to
be flip about that but, you know, I've worked here for 27 years for five
other managers before I got the job.
I can tell you, as a practical matter, if there's a concern with an
individual commissioner crossing the line, so to speak, that I would
take several steps before, at least me personally, would resort to
actually filing a charge for the penalties under the ordinance.
Every ordinance that you have has a penalty associated with it,
although most of the ordinances don't have that articulated in the
individual ordinance. The example is the one you just looked at that's
proposed for walking dogs on leashes.
There is a general ordinance, and Jeff might help me with that,
that you have that applies to penalties on all of your local ordinances,
and that would apply in this case as well. You're not removing the
penalty. You're removing the specific reference out of this ordinance
to be a bit more consistent, I guess, with what you've done in most of
your other ordinances.
MR. KLATZKOW: Your big change is that you're removing
malfeasance.
MR.00HS: Yes.
MR. KLATZKOW: The language of the current ordinance has it
that a violation by a commissioner would constitute malfeasance when
meeting Florida Constitution Article 4, Section 7A. We've removed
that. At this point in time, a violation would arguably fall under our
omnibus code enforcement rules, which any violation of any
ordinance is up to a $500 fine.
COMMISSIONER COYLE: Well, the question is why.
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April 23, 2013
MR. KLATZKOW: That's board -- that's a board decision,
Commissioner.
COMMISSIONER COYLE: So the board is directing you not to
punish them as severely under this ordinance as they might have been
punished before under the older ordinance; is that essentially correct?
MR. OCHS: Commissioner, my sense from some of the
discussion when we talked about this last was that some of the board
members were uncomfortable with that or thought that that wasn't
necessary.
Again, if I have a problem with a commissioner that may be
getting close to directing a staff member, I would sit down with that
commissioner individually.
If it was a repeated problem, I would escalate that, frankly, to the
full board and ask the full board to help me get some compliance as a
last resort, if I had to, and I doubt that this would come up. Like I
said, it hasn't in 27 years.
We would, ultimately, have to resort to filing some charge to
invoke the penalties if the board wants to keep penalties, beyond the
normal penalties for ordinance violations that the county attorney just
referred to.
COMMISSIONER COYLE: Well, I don't find that convincing.
MR. OCHS: I'm comfortable either way, but I'm trying to
respond to what I believe I heard in the discussion on the 12th.
COMMISSIONER COYLE: Well, our tendency has, in the past,
been to try to put as much information in the ordinance as we possibly
can so people don't have to run through a series of ordinances or
documents to find out how they should conduct themselves, as an
example.
It's a lot better to have the penalties for violation of the ordinance
in the ordinance in this case, or at least --
MR. KLATZKOW: Almost all of your ordinances do not have a
penalty provision.
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COMMISSIONER COYLE: Okay. But this is concerning
County Commissioners, okay. It's just as important as the ethics
ordinance. And I think trying to avoid specifying a penalty in this
ordinance is, essentially, sending a message that this really isn't a very
serious issue, and you don't have to be too concerned about it.
But I think I know which way this is going to go, too, but I will
express my opposition to it.
CHAIRWOMAN HILLER: The conduct is not malfeasance.
The conduct has an appropriate penalty associated with it. It doesn't
rise to the level of malfeasance.
Just like, for example, if the county manager were to fail to
provide a piece of information requested by a member of this board,
that would not rise to the level of malfeasance.
So it's an inappropriate penalty, an inappropriate -- what would
be the appropriate term for that, Jeff? Inappropriate -- description of
the inappropriateness of the act.
So the punishment has to be commensurate with the act. The
offense has to be properly described, and it doesn't rise to the level.
And, by the way, Commissioner Coyle, you actually were sued
twice under that provision, and I believe --
COMMISSIONER COYLE: No, I wasn't.
CHAIRWOMAN HILLER: Weren't you? Wasn't he? What was
COMMISSIONER HENNING: Just once.
COMMISSIONER COYLE: Yeah.
CHAIRWOMAN HILLER: Oh, just once. And didn't the
county have to settle for hundreds of thousands --
COMMISSIONER COYLE: Commissioner Henning was --
CHAIRWOMAN HILLER: -- to get us out of the problem?
Commissioner Fiala?
COMMISSIONER COYLE: No. We're not finished talking
about this yet.
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CHAIRWOMAN HILLER: Yes, we are. It's Commissioner
Fiala's turn.
COMMISSIONER COYLE: No, we're not. I'm not finished yet.
CHAIRWOMAN HILLER: It's Commissioner Fiala's turn.
COMMISSIONER COYLE: It's my turn. I am saying that the
problem here is --
CHAIRWOMAN HILLER: Commissioner Coyle, you're out of
order.
COMMISSIONER COYLE: -- that you don't understand the
seriousness of this particular issue, and you're trying to downgrade the
violations.
CHAIRWOMAN HILLER: No, that's not true.
COMMISSIONER COYLE: So -- well, of course it is. You
want to take malfeasance out, so there is no serious --
CHAIRWOMAN HILLER: It is not malfeasance.
Commissioner Fiala?
COMMISSIONER COYLE: Okay, yes. You're the voice of all
legal reasoning, right?
COMMISSIONER HENNING: Okay. We need decorum.
COMMISSIONER FIALA: My question was, Leo, I asked you
this in my office. You feel comfortable with this, right? I'm just not
quite sure why we're going about methodically rewriting and --
COMMISSIONER COYLE: Gutting.
COMMISSIONER FIALA: Well, loosening up, I'll just say this,
taking a lot of the emphasis out of these ordinances and rules and
regulations. Here we've got, what, we've got the county manager's
ordinance, the county attorney's ordinance, the ethics ordinance, the
airport rules and regulations.
What are we doing? Why are we going about lightening up all of
these things when we had such good things in place? When we put
these very strict rules in place, we did that with a purpose. We did that
because we felt that people had taken advantage of them.
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And when a couple of us, three of us took office, the thing we --
the County Commissioners from before looked so bad, we felt we
needed to clean that up and put very strict rules in place. And it took
us, oh, well over a year to start earning confidence from the public
again.
We finally got ahold of that, but I think it's because we put strict
rules in place, and now it seems we're watering them all down. And I
just don't understand why. And there's some on each agenda. Why
are we doing that?
MR. OCHS: Commissioner, I can only comment on this item to
tell you that I think the changes that I've recommended, outside of the
discussion on the penalty provisions which, frankly, is for the board to
decide what level of penalty you want to give yourself for a violation
of this.
But in terms of laying out what the board is responsible for and
what the county manager is responsible for, I think the ordinance has
not given up a thing. It's probably been strengthened and clarified,
frankly.
But you're right, I mean, the controversial decision or the focal
point of the major change was the elimination of the reference to the
penalties.
I'm not saying all penalties are eliminated. I'm saying the specific
reference in the ordinance. And I can live with it. I told you before,
and I'll tell you now, I can live with it the way it is. I can live with it
the way it's been proposed. It's a matter, frankly, for the board to
decide on the penalty provisions --
COMMISSIONER FIALA: Now, what happened before was --
MR. OCHS: -- but I don't need them to administer my
organization according to this ordinance.
CHAIRWOMAN HILLER: County Attorney, would you --
COMMISSIONER FIALA: What happened before was the
previous commissioners were actually not only interfering, but they
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were running all of the employees and telling them what to do. And,
of course, it led to a lot of havoc in here in the '90s.
And I don't know what -- I don't think you'd ever do a penalty on
anybody, Leo. You'd always talk to them. I mean, you're kind of like
a fatherly figure.
But I don't think it worked way back in the '90s. And I don't
know -- I don't think you'd ever use a penalty, but I don't see the
reason to take it out of there.
MR. OCHS: And, Commissioner, that's a decision for the board
to make. I respect it either way.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Commissioner Fiala, we never put this language in the ordinance.
You and I never dealt with that.
COMMISSIONER FIALA: Was that in there before we got
here?
COMMISSIONER HENNING: That was -- yeah, that was in
there before we were in there.
COMMISSIONER FIALA: Okay. Then it just wasn't adhered
to, huh?
COMMISSIONER HENNING: No, no. I mean, it -- like Leo
said, there was no need for it. I mean, he's never got a request from a
county commissioner to interfere with the day -to -day business.
COMMISSIONER FIALA: No, it wasn't while we -- not on our
watch. I'm talking about the '90s. I'm sorry if I didn't say that right.
COMMISSIONER HENNING: Okay. Well --
COMMISSIONER FIALA: Yeah. I said what we did was
strengthen it after we took over.
COMMISSIONER HENNING: No, no.
COMMISSIONER FIALA: No?
COMMISSIONER HENNING: No, no. It was in there prior to
it.
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April 23, 2013
COMMISSIONER FIALA: Okay.
COMMISSIONER HENNING: But there's no reason -- this is a
county administrator /county manager ordinance. It should refer to
what the duties of the county manager /county administrator are.
If you want to do something, let's put it -- make a
recommendation, if any county commissioner demands of interference
with the county manager's duties, that the county manager shall bring
it to the Board of Commissioners' attention.
COMMISSIONER FIALA: Yeah. Well, why are we changing it
then? I mean, if it's just about the same but you want to put something
like -- why are we changing it? I just don't understand why we keep
changing things.
COMMISSIONER HENNING: Well, let's talk about
malfeasance.
COMMISSIONER FIALA: No, just about the ordinance itself.
If that's the only thing that you want to do, why wouldn't you just keep
the ordinance, and you can remove that word or whatever?
COMMISSIONER HENNING: Because the ordinance doesn't
comply to the Florida Statutes. And it's nice to have all those issues
within -- compiled within our Code of Laws. I think that's very
important. But let's just talk about malfeasance.
COMMISSIONER FIALA: Okay. Let me just ask you about
that, though. You say it doesn't comply with Florida Statutes, but
wouldn't -- don't we make our own -- I mean, Florida Statutes are one
thing, but sometimes we tailor them to our community, right?
And I don't see anything wrong with the way it was. I get
concerned sometimes if we want to follow state statutes when they're
of lesser quality than ours, you know.
COMMISSIONER HENNING: No. Actually, if you take a look
at this particular provision of 125.74, or 72 -- 74, it's more broadened
than what we have in our ordinance. And we can always be stricter
within our ordinance than the state statutes, but we can't be less
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restrictive. So, I mean, I think this really clarifies it.
But I think the biggest issue about malfeasance, that would
actually have to, Jeff, go to court and be approved -- or, I mean,
determined by a court of law, or that would be the governor or
something like that, right?
MR. KLATZKOW: You can get removed from office for
malfeasance. So my question is, do you guys want to get -- to risk
being removed from office because you called somebody in the
middle of the night to say, can you help me on this? I mean, it's a
draconian penalty for what this is.
COMMISSIONER HENNING: Well, how would you -- how
would you determine it was malfeasance?
MR. KLATZKOW: The ordinance, as you currently have it,
defines the act of --
CHAIRWOMAN HILLER: Not as it's being amended.
MR. KLATZKOW: -- the act of going to one of Leo's
subordinates and directing them to be malfeasance.
COMMISSIONER HENNING: But who -- it's one person's
word against another unless it's in writing or something like that. I
mean, that's my point is, how would you come to the determination
that the ordinance was in violation?
MR. KLATZKOW: You'd probably have the testimony of the
employee. The way these things usually work is it doesn't come from
the county manager. It would come from a complaint by the
employee.
COMMISSIONER HENNING: Oh, like alleged by
Commissioner Coyle and myself?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: And it was eventually settled
with taxpayers' dollars.
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: Well, I mean, it just -- you know
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it wasted a lot of time and attorneys' fees and so on and so forth.
MR. KLATZKOW: I never liked the provision because of that.
COMMISSIONER HENNING: And, you know, I think the
better thing to do, instead of letting this thing go through the whole
court system -- I'm sorry, Commissioner Coyle. Am I interrupting
what you want to say?
COMMISSIONER COYLE: No, I'll go ahead and say it.
COMMISSIONER HENNING: No, I have the floor.
COMMISSIONER COYLE: Okay. Go ahead.
COMMISSIONER HENNING: Your light is not even on.
COMMISSIONER COYLE: Okay. There you go.
COMMISSIONER HENNING: Okay. Why don't you wait till
the chairman recognizes you?
COMMISSIONER COYLE: Okay, go ahead.
COMMISSIONER HENNING: It's a very simple process.
So instead of doing that, why don't we deal with it? You know,
if there's some angst about the changes, let the county manager bring it
to us. It's like -- it's like he and I had a discussion. If -- in my particular
case, I reported to the county manager of an employee attacking a
resident, not physically, but verbally, okay.
So in that employee's eyes, that was a violation of the county
manager's ordinance, and it constituted malfeasance of interfering with
the day -to -day business; however -- and I said this to Leo, I says, well,
what about if I wrote you a memo saying, you know, this employee of
yours did an outstanding job for a constituent. Would you -- would
that be fair to say that that would be interfering?
You know, I mean, how can I make a judgment? And Leo says,
you know, Commissioner, I really want to know -- I really want to
know if an employee does something wrong to a resident or something
good.
And, however, if an employee doesn't like it, they can sue us for
violating the county manager's ordinance. That constitutes
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April 23, 2013
malfeasance. That's the whole issue.
CHAIRWOMAN HILLER: All right. I'm going to call the
question. All in favor?
COMMISSIONER COYLE: Wait a minute. I'd like to respond
to his question or concern.
But that's exactly the way it was before, but it has been changed
now with a simple statement that says, nothing contained herein shall
prevent a County Commissioner from expressing a concern to the
county manager about the actions or performance of an employee.
Had that statement been in this ordinance at the time you and I
had a problem with an employee, then it wouldn't have been a
problem. So that's been solved, and that does not address the issue of
a violation of the other provisions.
But nevertheless, I know how it's going to go, so let's get on with
it.
CHAIRWOMAN HILLER: All right. There being no further
discussion, all in favor?
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 4 -1 with
Commissioner Coyle dissenting.
The next item on the agenda is —
Item #I 2A
REQUEST FOR AUTHORIZATION TO ADVERTISE AN
ORDINANCE FOR FUTURE CONSIDERATION WHICH
WOULD AMEND ORDINANCE NO. 2003 -53, AS AMENDED,
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THE "COLLIER COUNTY ETHICS ORDINANCE" — APPROVED
MR. OCHS: Commissioners, that takes us to 12A. It's a request
for authorization to advertise an ordinance for future consideration
which would amend Ordinance No. 2003 -53, as amended, the Collier
County ethics ordinance.
CHAIRWOMAN HILLER: And just for those of you viewing,
we have just two items left, this one that we're addressing now and
12B.
Is that correct, County Manager? That's my read of the items on
the agenda.
MR. OCHS: Yes, ma'am, with the exception of staff and
commissioner communications.
CHAIRWOMAN HILLER: Yes, of course. But other -- I'm just
talking about items.
MR. OCHS: No other staff items, yes, ma'am.
CHAIRWOMAN HILLER: Right. So 12A and 12B are our last
two items, and we're now addressing 12A.
County Attorney?
MR. KLATZKOW: And I'll go through the ordinance, because I
know there's been discussion in the media about this ordinance. And,
Leo, if I could just --
MR. OCHS: Sure.
MR. KLATZKOW: -- go through the ordinance to show you
how little, actually, is being proposed being changed.
This is out of MUNI code. Should the board request that it come
back, then at that point in time I'll bring the ordinance for them. But I
did it this way so it would be changed -- to show the changes, all
changes in yellow.
Page 1, there are no changes.
Page 2, there are no changes.
On Page 3 I sat down with the county manager, and we had some
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very productive discussions on this ordinance, and we wanted to
tighten this one, actually. This one's tighter. We wanted to add the
procurement employees to the county managerial employees. These
are the people who actually go out and get your contracts and work
with the vendors. We wanted to make sure that they were, you know,
within the ordinance as far as violations go. It was a little bit nebulous
the way it was running.
The following page, there are no changes.
Then we start getting to the changes, and this is going to take a
little bit of a discussion. You've got a couple provisions dealing with,
well, really, food. This first one deals with the situation where a
county employee or officer is in a function usually dealing with a
professional organization, perhaps. Perhaps it's a civic meeting. And
as part of that general meeting, there's food offered to everybody.
And at this point in time, you allow them to take the food if it is
less than the per diem rate. I would hazard a guess that very few of
your employees actually know what the per diem rate is.
It's also been my experience that these particular meetings take
place in high -end hotels and high -end restaurants and, you know, quite
frankly, you're a captive audience there. Your per diem rate for lunch
-- and generally this deals with a lunch -- is $11. You can't get a lunch
at a Hyatt at $11.
And so what I thought was -- I used -- just to throw it out for the
board's consideration -- $25, because I think that would encompass 95
percent of all the issues.
Along that same vein, going down a bit on the page, you have a
second type of meal situation which deals with business meetings.
Now, for reasons that I couldn't quite get as far as the original
ordinance goes, there's the distinction made between attending a civic
meeting where the ordinance provides for a per diem rate, and
attending a business meeting where the ordinance provides for no
more than $4.
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I'm not sure why that there was that distinction made. I'm not so
sure that a lot of times you can make a distinction between a civic
meeting and a business meeting.
If I'm at a homeowners group and we're talking about -- well, it's
not generally me, this generally would be Nick being -- and they're
talking about -- let's say Marbella, they're talking about whether
they're opening and closing the road. Is that a civic meeting or a
business meeting?
Because if you were the developer asking for whether or not this
road be closed, it would be clearly the $4 limit. But if it's with the
Marbella people, it's the per diem limit. I'm not sure. Just to make it
consistent, I'm proposing $25 again. That would get rid of 95 percent
of all the issues. Certainly nobody's living on a champagne /caviar for
$25. We're really talking about roast beef sandwiches and chips.
That's generally been my experience at these types of meetings.
The following page, there's been no changes. Board direction was
to try to lessen the impact of this ordinance on your employees, so we
changed it from public servant, which encompasses all of your
employees, such as secretaries to public officials. This would
encompass your administrators, myself, Leo, your procurement
officers; your directors it encompasses. So it gets rid of the
lower -level employees. This was at your direction.
I should note that under state statute, all employees cannot accept
-- normally accept gifts from anybody in order to influence what
they're doing. So it's -- they fall squarely within the state law. They
can't do that anyway.
The last one --
CHAIRWOMAN HILLER: Can I just ask a quick question?
MR. KLATZKOW: Yes, ma'am.
CHAIRWOMAN HILLER: Do you have public official defined
anywhere?
MR. KLATZKOW: Yes, it's defined.
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April 23, 2013
CHAIRWOMAN HILLER: In the -- that's where you added
procurement official --
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: -- under that. Okay. I just wanted
to tie it back to that definition. I believe that was the case.
MR. KLATZKOW: Okay. And the last one was --
MR. OCHS: It's right up here.
CHAIRWOMAN HILLER: Yep, that's where they added --
MR. KLATZKOW: And the last one came out of the --
MR. OCHS: Procurement, under managerial --
CHAIRWOMAN HILLER: Right.
MR. OCHS: -- which is part of public officials.
CHAIRWOMAN HILLER: Yeah.
MR. KLATZKOW: And the last change, Leo and I sat down for
quite some time on it. It came out of Commissioner Nance's
discussion where he felt uncomfortable accepting barbecue sauce if he
was at a civic function, and so it's in order to address that concern.
If you're in a social setting, the ordinance would provide that you
can accept any gift under $25 provided it's not from a lobbyist. You
don't want to take anything from a lobbyist.
So we're strict around the state when it comes to lobbyists.
Under the state law, you can take up to $25 from a lobbyist. You have
to report between -- I think it's 25 and $100. And after $100, you can't
take it. So we're continuing the Collier County being far more strict
when it comes to dealing with lobbyists.
But if you're at a social function and somebody wants to pick up
dinner or a lunch tab, that's why I used $25. And, again, it ties back
into the state.
It's my understanding of the state ethics code, as I read it, that
they consider anything under $25 to be negligible and not worthy of
reporting.
The following page, no changes made.
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April 23, 2013
The board had requested that we incorporate by state law --
incorporate by reference state law, and this is actually a strengthening
of the ordinance. Under state law, there is no criminal penalty
whatsoever for violation. By incorporating the state law into our
statutes, we're now making it a misdemeanor with the $500 penalty.
So that's actually a strengthening of the ordinance.
And Leo and I tried to fashion something based on what we
perceive to be general board direction and discussion, and we're here
to take your comments.
CHAIRWOMAN HILLER: Jeff, I just want to comment that I
think all the changes you have made are very reasonable and make a
lot of sense and do seem to reflect the discussion we had.
The one question I have is if a gift is given to any public official
from a non - lobbyist, you know, or, you know, not anyone -- a
non - vendor of the county, how does that work?
MR. KLATZKOW: It falls outside the scope of the ordinance.
The ordinance is concerned with lobbyists and people doing business
with the county.
CHAIRWOMAN HILLER: Okay. So if you receive a gift from
someone who is not a lobbyist or not someone who's doing business
with the county, there are no caps? It's your private life, and you can
MR. KLATZKOW: It's my understanding of the ordinance that
it doesn't contemplate -- it doesn't contemplate --
CHAIRWOMAN HILLER: Personal relations.
MR. KLATZKOW: Your relationships with people have nothing
to do with the county.
CHAIRWOMAN HILLER: Like with friends who have no
affiliation with the county.
Would it benefit to add that to make it clear so that there's no
misunderstanding to that effect? Because that applies to all public
officials and county -- and, you know, county employees alike,
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because I think there is a great deal of confusion to that end.
MR. KLATZKOW: If that's the board's direction, we can
incorporate that, yes.
CHAIRWOMAN HILLER: I think it would be beneficial to
incorporate it. I'd like to make a motion to approve what you've
proposed and add that one clarification that we just discussed.
Commissioner Coyle?
COMMISSIONER HENNING: I'll second it for discussion.
COMMISSIONER COYLE: Yeah. I have several questions, but
I'm confused about two things you've said, Jeff. One is concerning the
low -level employees. I understand you to say they are exempted from
this ordinance; is that correct?
MR. KLATZKOW: For the most part, yes. We changed it from
MR. OCHS: Public servants to public officials.
MR. KLATZKOW: From public servant to public official.
In other words, if a secretary happens to be going out socially
with somebody who does business with the county, we're not
concerned about that.
COMMISSIONER COYLE: You're not, huh? Okay.
MR. KLATZKOW: Well, if the secretary would take something
in order to improve a performance, it would be a violation of state law.
But I don't know what to tell you. That was board direction was to
remove that from the ordinance.
COMMISSIONER COYLE: So any employee below what
level?
MR. KLATZKOW: Director.
COMMISSIONER COYLE: Below director -- that's a lot of
managers -- can accept gifts with no penalty, right?
CHAIRWOMAN HILLER: Not if it's a gift --
MR. KLATZKOW: Provided it has nothing to do with the
influencing of their job performance, yes.
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April 23, 2013
COMMISSIONER COYLE: How do you determine whether or
not it's for influencing the job performance?
MR. KLATZKOW: Without being facetious, how would you
determine that they're actually getting a gift? I mean, this is -- usually
these things arise out of a complaint.
COMMISSIONER COYLE: Okay. You know that on Page
473, Packet Page 473, that you still have a zero gift limit? Is that a
mistake, or was it intentional?
MR. KLATZKOW: Leo, if you can bring that up. It could be --
COMMISSIONER COYLE: Page 473, the fifth line from the
bottom, specifically the board finds that a zero gift limit, rather than
$100, as set forth in Florida Statute, should be enacted. You didn't
want to change that?
MR. KLATZKOW: I didn't see the need to change that, no,
because then we go -- then we actually go through the actual guts of
the ordinance and we expand on it. So, yes, I mean, as far as your
public officials, it is a zero -gift tolerance.
COMMISSIONER COYLE: Explain that to me. If I can take
$25, okay, for any meal during the day, whether it's breakfast, lunch,
or dinner --
MR. KLATZKOW: Well, you can get per diem now, sir. I
mean, so --
COMMISSIONER COYLE: I can't get per diem if I go
downtown and have lunch or breakfast.
MR. KLATZKOW: If you're at a civic meeting, your ordinance
says you can get up to the per diem amount.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER COYLE: And it also says that if I'm in a
situation where the price is higher than $25, that I can accept that also,
and it doesn't provide a limit. It only requires that I report it.
And the second thing is, how many times can I do that?
According to this ordinance, as I read it, I can have somebody buy me
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breakfast, lunch, and dinner every day for 365 days a year, and I don't
have to -- that's not a violation.
MR. KLATZKOW: No. It depends who we're talking about.
You cannot be with a lobbyist and accept anything.
COMMISSIONER COYLE: Well, how do I know that it's not a
lobbyist? Let's suppose it's just somebody who has business interests.
MR. KLATZKOW: Under your ordinance, you don't do that
either. The ordinance provides that at a civic meeting there's some
limitations, but the ordinance currently provides that, no, you cannot
go out with somebody who is a vendor of the county and ask them for
breakfast, lunch, and dinner.
COMMISSIONER COYLE: Why not?
MR. KLATZKOW: Your ordinance prevents that.
COMMISSIONER COYLE: Tell me where it prevents that.
MR. KLATZKOW: I'm not finding it as I'm standing here, sir. I
will get you that.
COMMISSIONER NANCE: The gifts provision is under
exceptions, is it not? What was modified was defined what the
exceptions were, not what the rule was. The rule was prior to that in
the text. The part that we talked about that was $25 was under
exceptions; am I wrong?
MR. KLATZKOW: Yes, we're talking about the exceptions.
COMMISSIONER COYLE: Actually, it's on Page 475 and 476,
but it is so broadly defined that I don't find that it -- it can be any
group function that you might want to attend because you think it will
assist the person performing his or her official duties.
It's very broad. And there are confusing sections here. You talk
about nominal commercial value. Now, this is something that was in
the existing ordinance, so it's not been changed as far as I know. But
we're talking about $50 of nominal commercial value that we can
accept.
And, finally, by including the definitions from the Florida
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Statute, you are allowing us to accept honoraria for expenses paid,
hotel, transportation.
MR. KLATZKOW: Done no such thing. Haven't changed the
honoraria provisions.
COMMISSIONER COYLE: I'm sorry. Page 397.
MR. KLATZKOW: You've got to give me the section number,
sir. I don't have the --
COMMISSIONER COYLE: I'm sorry?
MR. KLATZKOW: What section are you asking?
COMMISSIONER COYLE: Well, I'll have to go to 397 and
then tell you; 397 of the Florida Statutes. It is Section 112.312. It says
that -- contributions, a gift does not include an honorarium or an
expense related to an honorarium paid to a person or person's spouse.
So you have allowed us to accept money without limit,
apparently, as long as it's called an honorarium. And that's under the
state statute. And you've adopted the state statute's definitions of gifts
and what are excluded as gifts.
MR. KLATZKOW: We did not change your honorarium section
of your ordinance, sir, okay, so -- in your honorarium section of your
ordinance, if memory serves me right, it's significantly more
restrictive than the state.
We made very few changes to your existing ordinance. If you're
telling me your existing ordinance is difficult to read, I will agree with
that. If you're telling me your existing ordinance is confusing, I will
agree with that, too.
COMMISSIONER COYLE: I -- your definitions are in Section
2055; is that correct?
MR. KLATZKOW: The ordinance definitions are in 2055, yes.
COMMISSIONER COYLE: Okay. And you do not define
moratoria (sic) there, right? But you have accepted the definitions in
the Florida Statutes for all the other terms; is that right?
MR. KLATZKOW: You're under the Florida Statutes anyways,
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sir. By incorporating the Florida Statutes into here, what we are doing
is putting a penalty provision to it. Whatever you are silent here --
whatever this ordinance is silent to, your Florida Statutes apply.
COMMISSIONER COYLE: Okay.
MR. KLATZKOW: I don't understand the argument.
COMMISSIONER COYLE: That's what I'm saying. Show me
where you have defined an honorarium or expense in our ordinance.
MR. KLATZKOW: I have not done anything with the
honorarium.
COMMISSIONER COYLE: Okay. Then it is silent on
honorarium, and that means you have adopted the honorarium
definitions in the Florida Statutes.
MR. KLATZKOW: I've adopted no such thing. It's there
anyway. You can take out this last clause, Commissioner Coyle, on
incorporation of state law by reference, and the only thing that that
will do is it will eliminate making this a misdemeanor. That's the only
thing it does. It still applies.
COMMISSIONER COYLE: You have incorporated, by
reference, the Florida Statutes, haven't you?
MR. KLATZKOW: Yes.
MR.00HS: Yes.
COMMISSIONER COYLE: Okay.
MR. KLATZKOW: Don't have to, but that was board direction.
And the purpose of it --
COMMISSIONER COYLE: You're talking in circles, Jeff.
Come on. Quit playing games.
MR. KLATZKOW: No, I am not. What I am telling you about
that is right now, the only difference -- and I said this before. The
only difference is your Florida State Statutes really don't have much of
a penalty clause. By putting it in here, any violation of Florida State
Statute is now a misdemeanor.
COMMISSIONER COYLE: Okay. Tell me what a honorarium
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is.
MR. KLATZKOW: An honorarium typically is something that's
given to somebody for speaking at an engagement.
COMMISSIONER COYLE: Okay. Can we accept an
honorarium?
MR. KLATZKOW: Up to a nominal value, up to $50.
COMMISSIONER COYLE: I don't see that anywhere.
MR. KLATZKOW: Let's see. Nominal commercial value
means anything with a value of less than $50. That's in your
definitions. Gifts given for participation at programs, seminar, or
educational conference, of which gifts are of nominal value, the nature
of remembrance, and provided to all participants in the program.
That is under 2 -2056, standards of conduct under the section of
public official.
COMMISSIONER COYLE: Okay. Let me help you. On
Section 2 -2055 under definitions, in our ordinance, as you have
written it, for the purpose of this article, the definitions contained in
Florida State Chapter 112, Part 3, shall apply and control unless the
text and /or context of this article provides otherwise.
So if I go to that section in the Florida Statutes and I read about
things that are not considered gifts, honorarium -- honoraria are --
MR. KLATZKOW: What section are you talking about? I didn't
make that change.
MR. OCHS: That is existing in the current ordinance.
MR. KLATZKOW: Commissioner, you're talking about existing
language, okay. I've given you in bolded language the changes. If
you want me to do more to this ordinance, I'm happy to do it. All I've
done was take board direction and made those changes.
COMMISSIONER COYLE: And what you did was you made
the changes without understanding or even addressing what some of
the Florida Statute inclusions and references would do to it.
So my point is this: If you don't believe that honoraria should be
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allowed, then we should say that under gifts. We should say honoraria
are considered gifts and are governed by the provisions of our
ordinance. But as you have it now, by referencing the Florida Statutes
MR. KLATZKOW: Then take it out, the reference. It makes no
difference to me.
COMMISSIONER COYLE: Hey, that's not my job, okay.
MR. KLATZKOW: No, that was your direction. The direction
of this board was to put it in. What I'm telling you, if that is giving
you some ogena (phonetic), it's okay by me if you take it out, because
I don't think it makes any difference. I think it makes some penalty
clauses, you know -- incurs penalties to that, but it makes no
difference. I'm okay to take it out.
COMMISSIONER HENNING: May I?
COMMISSIONER COYLE: Go ahead. Let's see where this
takes us.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Packet Page 475, there's
exemptions, existing. These are existing. C, it says, gifts received
from relatives as defined under this section or gifts received from a
person who shares the same permanent legal residents at the time of
the gift, okay. So that's an exemption.
So let me give you a scenario. My significant other is not a
relative or doesn't live with me, so giving me a gift of a substantial --
what some people would consider substantial of $50 or more, would
that be a violation?
CHAIRWOMAN HILLER: Commissioner Henning, what I
asked the county attorney to add, the wording, that's part of my
motion, would clarify that that would not be a violation.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: So, basically, anyone who has no
connection with the county who gives you something, you know,
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obviously, is not doing anything that should have a limit on it. It's not
intended to influence you. It's not intended to in any way affect you.
So, obviously, it -- and that's what I've asked the county attorney to
make clear. So your question is a valid question.
COMMISSIONER HENNING: So should that be eliminated
because we're changing it?
CHAIRWOMAN HILLER: Right. What we're basically saying
-- County Attorney, we're basically making it clear. County Attorney ?.
MR. KLATZKOW: I could put in a clause at the end,
notwithstanding anything to the contrary, it shall not be -- this
ordinance shall not cover, you know --
CHAIRWOMAN HILLER: Right, exactly, and that's what we
need to do. It basically needs to say that -- it's a catch -all that says,
you know, obviously, whether it's a public official or an employee of
the county, anything given to such individuals where, you know, it's
not coming from a lobbyist or a vendor or anyone who's trying to
influence a commissioner to act in some way in his or her official
capacity, you know, obviously, should be without limit.
That way, Commissioner Henning, your significant other can
give you whatever she wants.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: Tell her a Rolex would be nice.
Trying to lighten the mood a little bit.
CHAIRWOMAN HILLER: Very appropriate.
COMMISSIONER HENNING: No, I'm not going to say
anything. No, there's no Rolex. That's not what pleasures me.
CHAIRWOMAN HILLER: A fishing rod?
COMMISSIONER HENNING: Yeah. Well, fishing would be.
I have rods.
CHAIRWOMAN HILLER: The point is well made. I mean, the
intent is clear. The intent is that, you know, we should not accept
anything from anybody that in any way influences our official
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decision making, whether it's a public official or, you know, a member
of -- well, a public official, you know, including procurement officers
and directors of the county, the county manager, county attorney,
members of the board.
COMMISSIONER HENNING: Yeah. The previous board
wrote this ethics ordinance or, actually, it was the Republican party
leadership. No, actually it was done in 2000, right Commissioner
Fiala?
COMMISSIONER FIALA: Yeah.
COMMISSIONER COYLE: Ninety- eight.
COMMISSIONER FIALA: Oh, I thought it was 2000. No?
Okay.
COMMISSIONER HENNING: May 8th of --
COMMISSIONER COYLE: October of'98 by Fred Hardt and
Doug Rankin.
COMMISSIONER HENNING: Okay. So it was done by the
previous board. But I'm reviewing this, and I'm thinking, what in here
would have prevented Stadium Naples?
MR. KLATZKOW: Nothing.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Which, by the way, was, like, $17
Million.
COMMISSIONER HENNING: And that was the whole issue
per -- you know, tighten it up to prevent something like that. So, I
mean, I agree with your comment. I didn't see anything in there that
would prevent it.
Now, the editorial board puts together the ethics ordinance and
campaign donations. So can we prevent people from contributing to
campaigns within this ordinance?
MR. KLATZKOW: No.
COMMISSIONER HENNING: Why?
MR. KLATZKOW: One, it would be unconstitutional.
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COMMISSIONER HENNING: Okay. Which provision under
the Constitution?
MR. KLATZKOW: Jesus. I mean, among other things, the First
Amendment.
COMMISSIONER HENNING: The First Amendment, I agree.
And there's a reason for my stupid questions.
You know, it's interesting that the liberal media always wants to
protect free speech which really was there to protect their speech but,
however, they don't want that for anybody else. And you don't have to
address anything like that. It's just my perspective of where we're at
today with the liberal media here in Naples.
So we can't prevent campaign donations, like a resident from Fort
Lauderdale, Broward County wants or the liberal media, because it's
unconstitutional. We can't provide a rule that is unconstitutional,
right?
MR. KLATZKOW: That's correct.
COMMISSIONER HENNING: Yeah. Okay. So I'm really
confused of -- no, I'm not going to go any further with it, because it's
irrelevant to what we're trying to do here.
And correct me if I'm wrong; this provides less restriction on our
staff or the county manager's staff, however, it provides restrictions
with elected officials.
CHAIRWOMAN HILLER: Uh -huh.
COMMISSIONER HENNING: We had elected -- we had public
officers. Now we have --
CHAIRWOMAN HILLER: Public officials.
COMMISSIONER HENNING: --public officials.
MR. KLATZKOW: That's right. It doesn't lessen -- it doesn't
lessen the impact on you.
COMMISSIONER HENNING: It doesn't lessen the impact on
US.
MR. KLATZKOW: With the one exception of the --
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CHAIRWOMAN HILLER: It goes from $4 to $25.
MR. KLATZKOW: Well, no. The one exception, really, is the
social aspect of it, where if you're in a social situation and somebody
wants to give you a box of chocolates as a thank you, you can take it.
COMMISSIONER HENNING: Well, let's say that we go to a
civic association function and somebody wants to buy us -- and there's
-- it's a luncheon or a dinner, and the civic association really wants
you to participate within there -- and they're not lobbyists. And they
want you to participate, and they want other elected officials to
participate, so they're going to give you an honorary lunch. That
would be acceptable as long as it's under $25.
MR. KLATZKOW: Yes, but that really doesn't affect you either.
COMMISSIONER HENNING: Yeah, because now -- what we
have now is -- and we have put this on the agenda before, is we can
get reimbursed. But we can't -- right now we can't have them buy that.
MR. KLATZKOW: You get reimbursed.
COMMISSIONER HENNING: We get reimbursed.
COMMISSIONER NANCE: We get reimbursed, and then what
happens is it has to go through a whole process, and then an $8 lunch
becomes a $150 bill to the taxpayer because it undergoes three months
of scanning into public records and memorializing and coming before
the Board of County Commissioners and turns into 150 bucks.
COMMISSIONER FIALA: But the positive thing is the public
does know what you're doing.
COMMISSIONER NANCE: The public is seeing you sit there
and eating it at the civic association, too, Commissioner Fiala. And
it's going to save the taxpayers thousands of dollars to protect them
from nothing. There's nothing you're doing wrong.
I mean, this idea that you're going to go get reimbursed by the
taxpayers and somehow that makes it right, I don't get it.
MR. KLATZKOW: This doesn't really change. You still are
going to have the current practice of going to a meeting, paying ahead
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of time, and then putting it on the agenda for reimbursement. This
ordinance does not change that practice.
What it does is it increases the amount to $25 so that if you took
it without paying, it would be okay.
COMMISSIONER HENNING: Yeah. I just give a for - instance;
if a civic association wanted to give you an honorary luncheon.
COMMISSIONER FIALA: Boy, they never offered me that.
COMMISSIONER HENNING: Pardon me?
COMMISSIONER FIALA: Sorry. I'm just trying to lighten it
up again.
COMMISSIONER NANCE: Oh, they have.
CHAIRWOMAN HILLER: Commissioner Nance, have you
finished?
COMMISSIONER NANCE: When you come to our civic
association, we'll offer you a sandwich.
CHAIRWOMAN HILLER: Have you finished your comments,
Commissioner Nance?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER:
MR. MILLER: Yes, ma'am.
We have one public speaker.
Your public speaker is John
Lundin.
MR. LUNDIN: Okay. John Lundin. I'm going to talk about the
same issue again, campaign donations.
Now, the purpose of ethics ordinances is to limit and stop
conflicts of interest. But in the real world you cannot limit conflicts of
interest unless you also regulate the conflict of interest of campaign
donations.
Now, Commissioner Henning and Mr. Klatzkow, I'm afraid you
are totally incorrect. The Supreme Court allows any entity to limit or
ban any kind of contributions possible.
For example, you are limited to having a $500 maximum
donation here in Collier County. On the federal level, that is limited
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to, like, 2,500. So you are allowed to -- like, for instance, Hollywood,
Florida, over in Broward, they ban any contributions from any
corporation. I mean, there's ways around it. Their relatives will
donate money; their children, their brother, their sister.
But you are incorrect; there are many cities and counties in the
United States that ban or limit contributions.
So I'm saying that in order for you to have a really thorough
ethics ordinance, you also have to limit campaign contributions. So
I've written an amendment to your ethics ordinance, and I'd like to
read it quickly.
No campaign contributions shall be accepted by a Board of
County Commissioners candidate from any individual, lobbyist,
corporation, business, or entity, or any employee or relative of an
individual, corporation, lobbyist, business, or entity who have any
potential financial loss or gain based on any resolution or ordinance
voted on by the Collier Board of County Commissioners, past,
present, or pending.
Now, an example of this would be the $554,000 you gave to the
Blockers. If you adopted -- if you're really serious about eliminating
conflicts of interest, you would go along with this, and then the
Blockers would not have been able to give you $11,500.
And this other ordinance to put out an RFP for the real estate
vendors, this would ban them from also giving you contributions.
Thank you.
CHAIRWOMAN HILLER: County Attorney, do you want to
comment?
MR. KLATZKO W : No, there's no point.
CHAIRWOMAN HILLER: Thank you.
There being no further discussion, all in favor?
Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
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CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 3 -2 with
Commissioners Fiala and Coyle dissenting.
The next item on the agenda, and it's the last item before
comment, is 12B.
MR.00HS: Yes.
CHAIRWOMAN HILLER: And this was pulled by
Commissioner Fiala and Commissioner Coyle.
County Attorney, this is your ordinance. Would you like to
present and address it?
Item #12B
REQUEST FOR AUTHORIZATION TO ADVERTISE FOR
FUTURE CONSIDERATION AN ORDINANCE TO BE KNOWN
AS THE "COLLIER COUNTY ATTORNEY'S ORDINANCE" —
APPROVED AS AMENDED
MR. KLATZKOW: I was given direction to draft -- I was given
direction to draft the county attorney ordinance.
COMMISSIONER COYLE: Why don't you just let me tell you
what I would like to see changed; it's very simple.
It relates to the second point under considerations. The county
attorney shall exclusively represent the county in all legal matters and
with board direction -- not approval -- board direction retain outside
counsel to assist in such representation.
Now, the only reason I'm saying that is that as it is currently
written, it depends upon the county attorney to recommend such
action by the board. I think the board should have the flexibility to
direct the county attorney to retain outside counsel if they wish to do
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that rather than merely approve what the county attorney is
suggesting.
MR. KLATZKOW: That's fine.
CHAIRWOMAN HILLER: Can you go to the wording of the
ordinance? Can you --
MR. OCHS: Which one? Which one was it?
MR. KLATZKOW: It's the one that I crossed out.
COMMISSIONER FIALA: What page?
COMMISSIONER COYLE: Packet Page 1689. Look at the
executive summary.
COMMISSIONER FIALA: Well, I did see that, but I was
wondering what part of the ordinance they were referring to.
COMMISSIONER COYLE: The second item under
considerations, one, two.
CHAIRWOMAN HILLER: Can you push it up a little? Push up
Section 4, please. Jeff, move Section 4 up, please.
This is intended to address what the county attorney can or can't
do. It's not intended to limit the board's ability to direct the county
attorney to do what it wants. The board never gives away its ability to
give direction to --
MR. KLATZKOW: I have no problem with that change.
CHAIRWOMAN HILLER: Yeah. I mean, I'm just clarifying.
That's why it's there. I mean, what you've presented isn't wrong in any
way. And like I said, you can just add, you know, "approval" and
"direction."
COMMISSIONER HENNING: Move to approve with the
change.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I had many questions; that was
one of them about exclusively represent the county. And another
thing that was also mentioned was that the county attorney shall act
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upon as the chief ethics officer. I know you mentioned that at a
previous meeting.
Also it mentions the county attorney shall be the registered agent
in all instances included, but not limited to, CRA, MSTU, and district
representation.
And I was wondering -- then it was referring somewhere in this
summary agenda something about as in other counties, and then it
brought up all of the different counties in here, and each one -- as I
looked through every one of them, I did not see any one that referred
to MSTU, CRAs, or ethics clauses at all.
And in most of them, they said the county attorney shall be able
to hire any outside legal help that he seems -- it doesn't say anything at
all about them being exclusive. And I'm just -- this whole thing made
me very uncomfortable, so --
COMMISSIONER HENNING: Which part do you want to
change? What's the wording?
COMMISSIONER FIALA: What?
COMMISSIONER HENNING: What's the wording you want to
change?
COMMISSIONER FIALA: Well, one of them was shall
exclusively represent the county in all legal matters. Well --
MR. KLATZKOW: Well, let me give you the reason for that.
COMMISSIONER FIALA: Huh?
MR. KLATZKOW: Let me give you a reason for that, okay.
You don't want staff to go out there and start hiring attorneys without
my knowledge or your knowledge.
COMMISSIONER FIALA: Well, you're the only one that can
hire attorneys anyway. What are --
MR. KLATZKOW: But that's --
CHAIRWOMAN HILLER: That's not what's happened.
MR. KLATZKOW: Not spelled out --
COMMISSIONER FIALA: Oh. In other words, you mean like a
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April 23, 2013
staff member who is trying to defend himself --
CHAIRWOMAN HILLER: No.
COMMISSIONER FIALA: -- he can't hire an attorney?
MR. KLATZKOW: No, no, no, no, no.
COMMISSIONER FIALA: What do you mean?
CHAIRWOMAN HILLER: Why don't you give the example of
what staff did.
MR. KLATZKOW: I'll give you an example. Mr. DeLony
would go out and hire his own counsel. That's what he did.
COMMISSIONER HENNING: Here's another example. Our
executive summaries provide a legal consideration. I can tell you the
reason that the county attorney initialed it, because staff was putting
that in there anyways, okay. And that is, you know, giving advice to
the Board of County Commissioners. I mean, it provides -- this
provides there is one office; it's a legal office.
CHAIRWOMAN HILLER: That's correct.
COMMISSIONER FIALA: So --
CHAIRWOMAN HILLER: Can I answer also? I mean, let me
give a very recent example.
We had a case involving the state where -- I'm sorry -- the feds
where staff went out and hired their own counsel, representation, if
you will. I believe it was on a FEMA issue. Another thing that
happened was -- and this is not where they hired counsel but where
they didn't disclose to the county attorney that there was litigation and
they represented themselves and basically botched it, and we lost as a
consequence and, you know the county attorney could not save our
position.
Had he been involved, it might have had a different outcome.
And that was, I believe, involving the milk -- the milk issue with the
state.
So, I mean, it's absolutely essential that it be made clear that the
county attorney is the only legal representative of the county. And
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since this board also, you know, becomes the CRA board and, you
know, the MSTU boards, if you will -- it steps in the shoes of the
MSTU board. It needs to be made clear that the county attorney also
represents those agencies that our board steps into the shoes of as we
conduct our business.
MR. KLATZKOW: And the purpose of being registered is for
service and process.
CHAIRWOMAN HILLER: Absolutely.
MR. KLATZKOW: The one thing that would give me great
pause is if somebody served a summons of complaint on the
Immokalee CRA offices, and for whatever reason --
CHAIRWOMAN HILLER: That's a terrible thing.
MR. KLATZKOW: -- it didn't get to us.
CHAIRWOMAN HILLER: And that came up, actually, in a
discussion with -- when Penny Phillippi was requesting to be made --
MR. KLATZKOW: Registered agent.
CHAIRWOMAN HILLER: -- registered agent for purposes of
service of process, and the discussion came up that it should always be
the county attorney to make sure that, you know, we don't miss a
lawsuit.
COMMISSIONER FIALA:
representation" mean?
CHAIRWOMAN HILLER:
water and sewer district.
And what does "and district
Special districts. Like, for example,
COMMISSIONER FIALA: That's what that means?
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER FIALA: It doesn't say that. Okay.
Oh, there's so much more that I have here. I would hope that -- I
wonder if, say, for instance -- I hate to venture out on this track, but I
wonder if a department or a district happens to have lost faith or
confidence in the county attorney and they feel that they can't go
there; then what happens?
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MR. KLATZKOW: Then they should come to the county
manager, express their displeasure with my office, and the county
manager can talk with you, and you can remove me.
CHAIRWOMAN HILLER: Exactly.
COMMISSIONER FIALA: Not remove but, you know, maybe
feels they need outside counsel.
MR. KLATZKOW: Commissioner, it's been my experience --
and this happens with great infrequency, okay. But it's been my
experience that sometimes staff gets a little bit scared for their jobs
and hides stuff, and that's what we're trying to prevent.
COMMISSIONER FIALA: So do others, I'm sure.
CHAIRWOMAN HILLER: Commissioner Nance? I'm sorry.
Are you done?
COMMISSIONER FIALA: No. Let me see. Shall exclusively
represent in all legal matters.
Okay. I don't know -- okay. Some of these other ones -- in the
other counties some of them were almost exactly opposite of what we
had. But, anyway, I guess that's all.
I just -- I feel very uncomfortable about doing this whole thing. I
just don't like changing all of these laws and rules of ordinances.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: No, no further comment.
CHAIRWOMAN HILLER: Thank you. I'd like to make a
motion to approve the county attorney's ordinance as presented. Oh,
did you already make a motion to approve?
COMMISSIONER HENNING: Yeah. There was a motion to
approve --
COMMISSIONER NANCE: As amended.
COMMISSIONER HENNING: -- as amended with
Commissioner Coyle's --
CHAIRWOMAN HILLER: Oh, yes. I'm sorry. Motion to
approve with amendment to add the wording proposed by
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April 23, 2013
Commissioner --
COMMISSIONER NANCE: And I second.
CHAIRWOMAN HILLER: Okay. There being no further
discussion, all in favor?
(No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: And opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 3 -2 with
Commissioner Coyle and Fiala dissenting.
MR. KLATZKOW: And this is just for advertising purposes.
CHAIRWOMAN HILLER: Yes, that's correct.
COMMISSIONER FIALA: And when they say --
CHAIRWOMAN HILLER: And that's true for all of the ones
that we've approved. Everything is for advertising as amended.
MR. KLATZKOW: I just wanted the public to be aware of it.
CHAIRWOMAN HILLER: Yes, thank you.
COMMISSIONER FIALA: Every time they say, and the board
instructed us, but it's not really the whole board. You know, maybe
we ought to be saying something like the majority of the board or
unanimously when it's unanimous or supermajority when it is.
CHAIRWOMAN HILLER: What are we talking about?
COMMISSIONER FIALA: Oh, just anything at all when --
CHAIRWOMAN HILLER: You can talk about it under
commissioners' comments.
COMMISSIONER FIALA: Oh, I've got something else to do.
Item 415
STAFF AND COMMISSION GENERAL COMMUNICATIONS
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April 23, 2013
CHAIRWOMAN HILLER: So let's begin with comments.
County Manager?
MR. OCHS : Yes, Madam Chair, thank you. I have a couple of
things quickly this evening.
A couple of clarifications that would be helpful for the staff.
A few meetings ago the board adopted a policy on anonymous
complaints for code enforcement and DAS. A couple of
commissioners have indicated to me that the volume of anonymous
complaints coming in to them directly as directed by the policy is
becoming unwieldy.
And my response was, well, you know, we've got a direction
from the board. Until it's changed, I don't have a lot of latitude there,
so--
CHAIRWOMAN HILLER: And let me give some help on that.
I, for one, have been getting a lot of those type complaints, and it's
basically -- we're becoming intake for code enforcement and, you
know, my aide has just not been in a position to be able to handle that,
so we keep, you know, diverting it. But we've got to come up with
some other approach. We're just not in a position to handle it.
So if someone -- I don't know if the county attorney or if
someone can make a recommendation.
MR. KLATZKOW: This is board policy. I mean, if you prefer,
on an individual commissioner basis, to handle anonymous
complaints, that's your prerogative. If you prefer to ignore them, that's
your prerogative. That could be part of your policy.
COMMISSIONER HENNING: Yeah, that's what it is. That's
what the executive summary said.
CHAIRWOMAN HILLER: To -- so basically we have the
prerogative -- so what happens when everyone calls us with
anonymous complaints then? What do we do? Just say we don't
handle them? Call the county manager or --
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April 23, 2013
COMMISSIONER HENNING: No. I mean, it's up to individual
commissioner whether they want to accept anonymous complaints or
not. And if you don't want to accept them, then don't accept them.
CHAIRWOMAN HILLER: So we just say we don't -- as a
matter of policy, this office doesn't accept anonymous complaints?
COMMISSIONER HENNING: As a matter of policy -- you
could say, as a matter of policy, Commissioner Hiller's office does not
receive complaints.
CHAIRWOMAN HILLER: To direct the clients to code
enforcement directly?
MR. KLATZKOW: Well, no. I mean, you would say we do not
-- Commissioner Hiller does not take anonymous complaints. If you
want to make a complaint, it will have to be formal.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER COYLE: Well, maybe I'm partly responsible
for that problem, because I've been telling all of my anonymous
complaints to call Commissioner Hiller.
COMMISSIONER NANCE: I believe that. And he's been doing
it anonymously.
CHAIRWOMAN HILLER: I absolutely believe that, no doubt.
COMMISSIONER FIALA: Why did we remove the anonymous
complaints from code enforcement again?
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Well, I think the record reflects
it.
COMMISSIONER FIALA: Well, I just want to recall. I
remember it wasn't too, too long ago that we removed that and --
CHAIRWOMAN HILLER: Here's the policy.
COMMISSIONER FIALA: -- and it was something about
people reporting neighbors and so forth. But we haven't accomplished
anything except -- I mean, I don't think we've stopped any anonymous
complaints. They just call us now rather than code.
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April 23, 2013
CHAIRWOMAN HILLER: Are you getting a whole bunch, too?
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: So Commissioner Fiala's getting
them.
COMMISSIONER NANCE: I think they're reduced by about 80
percent.
COMMISSIONER HENNING: Let me tell you the reason why
we did it. And, in fact, our staff received an anonymous complaint
and did not leave a name, did nothing. It was just a voice mail, so we
checked up on it. It said that, you know, they didn't have a permit to
do whatever they're doing.
I usually take them and talk to the constituent, okay, to find out
what's going on. But this one we just went ahead and submitted it.
And come to find out, this home -- no, it was a business. Anyways,
they had a permit to do exactly what they were doing.
So you had a lot of businesses, you know, going after their
competition for no reason. And there's no accountability, and I think
that everybody has a right to address their accuser.
And we, as elected officials, I feel that we're there to resolve
issues. And if there is an issue that we feel that is warranted for staff
to look at, I think that we ought to call code enforcement and submit it
ourselves.
Quite frankly, I -- for myself, I get a better understanding what
the concerns are of our residents. That's what -- it's kind of helped me
out. Anyways, I like the way it is.
COMMISSIONER FIALA: Okay.
MR. OCHS: I mean, as it stands right now, my staff and code
and DAS is directed not to accept anonymous complaints. That's my
understanding --
COMMISSIONER HENNING: Unless it's health, safety,
welfare.
MR. OCHS: Correct, as outlined in No. 2 here. That's the
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April 23, 2013
exception.
COMMISSIONER HENNING: Yeah.
MR. OCHS: And then if we get anonymous complaints referred
from individual commissioners' offices, then we will look at those as
well.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I can truthfully say that since
we've done this, I have followed up on three substantial complaints
where somebody called in and said, you know, we've really got a
problem over here, but I don't want to get involved.
We followed up on it; it was something really significant. Other
than that, you know, we have individuals that want to call in on their
neighbor. And I find out -- if they're just frivolous, I just say, well, you
know, if you're in a dispute, that's really not what code enforcement is
all about, and I try to defuse it and, you know, it goes away.
But we have had a couple of serious issues. And I think it's --
from my perspective, it's performing very well.
MR. OCHS: I just wanted to clarify. No change is what I'm
hearing from the majority of the board?
CHAIRWOMAN HILLER: Well, I think that Commissioner
Henning's clarification that every commissioner can basically set the
policy, you know, for their own office, how they would like to handle
it --
MR. OCHS: Sure.
CHAIRWOMAN HILLER: -- solves the issue. I think that
makes --
COMMISSIONER HENNING: And that's what it says --
CHAIRWOMAN HILLER: Yeah, I know.
MR. OCHS: Yeah. That's the rest of the story on the top of the
second page there. It says the district commissioner may file the
anonymous complaint on behalf of a constituent. May; may choose
not to.
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April 23, 2013
CHAIRWOMAN HILLER: Right. And I think it was just -- the
focus on the word "may" was not emphasized in my mind as clearly as
it should have been. But now that I see that, it makes perfect sense.
Not a problem.
MR. OCHS: Okay, great.
CHAIRWOMAN HILLER:
think, feels the same way, right?
COMMISSIONER FIALA:
I mean -- and Commissioner Fiala, I
I do.
CHAIRWOMAN HILLER: It's just us girls.
MR. OCHS: Thank you.
The second thing was, again, I just wanted to clarify and make
sure I'm doing what the board had directed with respect to filing of
advisory board meeting minutes. You normally used to see those
under miscellaneous correspondence on your agenda; however, now
we've changed that to make the records -- or the meeting minute
records go directly to the clerk. Doesn't prevent any of the board
members from reviewing any and all of those meeting minutes, but
what it does do is prevent you from having to unnecessarily ratify
these meeting minutes particularly when you weren't personally there
at the meeting of the advisory board. So we think this is a cleaner
approach. It gets the records filed more directly --
CHAIRWOMAN HILLER: That makes perfect sense.
MR. OCHS: -- and quickly with the clerk --
COMMISSIONER NANCE: I appreciate it.
MR. OCHS: -- and still allows the board, obviously,
individually, to read whatever minutes you want or ignore whatever
meeting minutes from advisory boards that you want. But you don't
have to be in a position to ratify something that you didn't attend.
CHAIRWOMAN HILLER: And it gets them posted to the
public website quickly, because one of the complaints citizens have is
that the advisory board minutes are not getting posted to the clerk's
website timely, so they don't know what's happened at the meetings.
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Okay. Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you.
Will you then advise us? Because I always read the Planning
Commission minutes, the library board commission meeting minutes,
the parks and rec meeting, and whenever we have a museum. That
isn't very often, but I like to read those things.
MR. OCHS: Sure.
COMMISSIONER FIALA: I don't go into things like Pelican
Bay Services Commission Division, because that isn't anything that
I'm concerned with, but I like to read the others, but I need to know
when they're up so I can read them.
CHAIRWOMAN HILLER: So why not -- can I make a --
MR. OCHS: Commissioner, if you don't mind, we'll work with
your individual aides and make sure they know exactly how to access
the meetings, where they can go to get them, and then they can pull
whatever individual meeting minutes from any advisory board you
would like. Is that a good approach?
COMMISSIONER FIALA: Yeah, that's good.
MR. OCHS: Okay. Very good. Thank you.
COMMISSIONER FIALA: Perfect.
MR. OCHS: The next thing, Commissioners, we talked a little
bit about your July meeting. I went back and talked to staff. And
based on, you know, the board -- deep breath from the last discussion
on this, we're now suggesting that we meet on the 9th of July as your
only board meeting in July. I just will tell you that you've got the
holiday and 4th of July the prior Thursday.
So we will move up our internal agenda preparation process to go
to print on Tuesday instead of Wednesday. So you'll still have the
same number of days that you normally have to review the agenda
before the meeting.
So with the board's concurrence, we'll meet on July 9th. We'll --
CHAIRWOMAN HILLER: And not on the 23rd?
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April 23, 2013
MR. OCHS: And not on the 23rd.
COMMISSIONER HENNING: Works for me.
MR. OCHS: Is that acceptable?
CHAIRWOMAN HILLER: Yeah, that's very reasonable.
COMMISSIONER FIALA: I've already booked myself out of
town, so I'll have to change some plans. Hey, get out of Dodge.
COMMISSIONER COYLE: Could we have a workshop on the
23rd?
COMMISSIONER HENNING: Yeah, we could probably do
that.
COMMISSIONER FIALA: I'm leaving on the 2nd.
MR. OCHS: Speaking of which, you do have a workshop next
on May the 7th, so you'll be getting your information packets on that
this week.
And then the last thing I have, Commissioners, is just to let you
know that based on a discussion we had here the other day on
supplementing some staffing of previous job bankers in growth
management to keep up with the demand for service, the board was
good enough to allow us to staff up to meet that demand.
In speaking with Mr. Casalanguida, we are looking and are
planning to come back to you with some recommended rate reduction
in our fixed fees in our permitting area. We think that --
CHAIRWOMAN HILLER: Leo, how could you?
MR. OCHS: -- that's good business practice.
CHAIRWOMAN HILLER: How could you? Reduce fees? Oh,
my God. So business friendly. Oh, my goodness.
MR. OCHS: Well, we'll be back soon with that direction.
CHAIRWOMAN HILLER: Thank you, Mr. Casalanguida.
MR. OCHS: And that's all I have, Commissioners.
CHAIRWOMAN HILLER: The business community thanks
you.
That's great. Thank you very much, Leo. That's awesome.
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County Attorney?
MR. KLATZKOW: I'd just like to note, because I don't think the
public really looks at your consent agenda, that you are chock full of
plats. You are chock full of all sorts of wonderful things happening.
I know sometimes these meetings can be contentious, but this
was a wonderful agenda. Business is really picking up in Collier
County.
CHAIRWOMAN HILLER: It is.
MR. KLATZKOW: My shop is noticing it; Nick's shop is
noticing it. And the difference between now and two years ago is just
night and day. It's just absolutely -- it's wonderful to work on.
CHAIRWOMAN HILLER: It really is.
Commissioner Coyle?
COMMISSIONER COYLE: Nothing.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have two things, actually.
The one is right now the Isles of Capri Fire District is talking with the
East Naples Fire District, and they're coming up with solutions. But I
wanted to make sure we got those -- that meeting, the results of their
meetings onto our agenda before our summer break. I would love to
see us get it on somewhere, like, in May, the second meeting in May.
Here's my little notes. It's vital that the debate and decision by
the BCC regarding East Naples Fire District proposal for the Isles of
Capri Fire be on our agenda before our summer break.
I see no reason that we could not put it on the agenda for second
meeting in May, and worst case first meeting in June so that we have
-- we can be discussing it for the '14 -- Fiscal Year '14 budgets.
CHAIRWOMAN HILLER: Commissioner Henning, I mean,
you're into the whole fire - consolidation issue. What are your thoughts
on that? Is there anything else that -- I mean, you were a fire
commissioner. You have a better understanding of the issue.
COMMISSIONER HENNING: Yeah. Here's what's happening
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April 23, 2013
right now, Commissioner. I've been in contact with several fire
commissioners from North Naples and Golden Gate.
We actually have a fire commissioner that was very much
opposed in Golden Gate to a consolidation. I think we're going to be
looking at an urban consolidation.
COMMISSIONER FIALA: Right.
COMMISSIONER HENNING: And, actually, East Naples and
Golden Gate is doing right now what is called functional
consolidation.
COMMISSIONER FIALA: Right. I'm pretty much up on all of
that.
COMMISSIONER HENNING: Okay. Well -- and in 2014,
they're going to have something on the ballot for the voters to vote on.
COMMISSIONER FIALA: Right. But see, right now the
problem is is with Isles of Capri. Isles of Capri has been trying to
figure out whether they're going to consolidate with East Naples or
merge with Marco Island. Marco Island says, no, they would not
accept the merge. They would only accept the -- oh, gosh, if they
become a part of the City of Marco Island.
COMMISSIONER HENNING: Annexation.
COMMISSIONER FIALA: And Isles of Capri says -- yes,
annexation, thank you -- Isles of Capri says, no, we don't want to be
annexed in there.
So -- but now they're trying to decide, maybe they want to be
their own freelance department, fire department. And meanwhile,
Fiddler's Creek is divided. Half of them are already in the East Naples
Fire Department. The other half are in Isles of Capri. And they're
saying, you know, we don't want to do this. If Isles of Capri wants to
go on their own, fine, but we want to be a part of East Naples Fire, and
that's it.
Well, the discussions are coming to an end, but Fiddler's Creek,
especially, wants to see those results on our agenda. They're just
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April 23, 2013
asking us to set aside something on one of our agendas so that we can
get the results of these things and plan for it in our '14 budget.
COMMISSIONER HENNING: Well, that would have to
actually become a -- if Isles of Capri wants to be its own dependent
(sic) district, it would have to be created by the legislators, okay.
And if Fiddler's Creek wants to be a part of East Naples, that's an
easy thing for us to do. We can just -- being that it is created by
ordinance and not by legislation, you know, we can just get that right
in to East Naples.
COMMISSIONER FIALA: Right. But I believe that we need to
bring that forward because there's going to be -- there's going to be
more talk about that. And I'm just asking if we can put it on an
agenda.
MR. OCHS: Yes, ma'am. Just to refresh the board's memory, a
few months ago you had the Isles of Capri Advisory Board ask you to
direct me to write a letter to East Naples Fire and the City of Marco to
request proposals to see if there's an interest in managing or merging
with the Isles of Capri, which I did.
We received the proposal back from East Naples. Ms. Price is
working with the Isles of Capri's Advisory Board right now to go
through the review and due diligence on that proposal.
I don't see any reason why we can't have that recommendation
from your advisory board back in front of you before you go on your
break.
COMMISSIONER FIALA: That's great, that's great. I'll be
going to their meeting next week just to see what's going on. They've
asked me to be a part of their fire board meeting.
And it seems the fire commissioners, for the most part, are going
into consolidation with East Naples. There's some people that might
be holding back.
But, anyway, they just wanted to make sure that a place is
reserved on our schedule either for the last meeting in May or
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sometime in June.
MR. OCHS: I don't see any problem with that, Commissioner.
COMMISSIONER FIALA: All righty, good. And I just want to
make sure it was okay with the commissioners.
The other thing is about ambulances. Marco Island has had a
tremendous problem this past season especially. They don't have
enough ambulances there. They take the ambulance off -- it seems
that -- you know, it's an older community. It seems they get the
ambulance out of Isles of Capri right away to back them up, but then
that ambulance also goes, so then they pull the one out of East Naples,
and now nobody's having an ambulance.
And they're asking if you would please work with them to see
about getting a second ambulance onto Marco Island at least in the
season, so --
MR. OCHS: Happy to do that analysis and share it with the
board.
COMMISSIONER FIALA: Thank you very much.
MR. OCHS: It's already been done.
COMMISSIONER FIALA: Good.
MR. OCHS: Not everybody's going to like it. Some will; some
won't.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I only have one thing.
Together with Nick Casalanguida, who's been very interested and very
informative in bringing forth information regarding unpaved roads that
remain to be paved in the county, I just want to remind all the
commissioners that I will be bringing forth an analysis that he is
putting together that shows what our short- and long -term costs are to
maintain the extensive number of limerock roads that we still have in
the county.
Of course, we have 42 of them that we know in the Estates, but
we have many roads also in Commissioner Fiala's district and also
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April 23, 2013
some in Immokalee that need attention.
And what Nick and his staff are doing is they're going to present
to you what it's costing us to do this. And, basically, for example, in
the Estates by themselves in the next 10 years, we're going to be
spending over $10 million just to grade the limerock roads that we
have; whereas, if we pave them, it will cost us 4 million and change.
So he's going to bring the information to you that shows you --
CHAIRWOMAN HILLER: Of which 1.7 is coming from
Whippoorwill, right?
COMMISSIONER NANCE: Yeah, we're -- that was unkind.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: No, no, it's just impact fees can't
be used for that.
COMMISSIONER NANCE: But, basically, what he's going to
do is he's going to put together those converging lines and show you,
you know, how it could -- a program could be put together to start
paving these roads and actually come out with substantial savings for
the taxpayers in the long -term. And he's going to have a complete
analysis, I will go over that with him, and then we will bring it
forward.
But I think that Commissioner Fiala with also be very interested
in seeing how this dynamic works.
In addition, there's an attempt right now to put together a
program. There's kind of a pilot program that's being explored with
the residents on Rock Road who have an MSTU to maintain their
limerock road. And what they're interested in doing is they're
interested in setting up a program where they can take their MSTU
money and basically use it towards paving a private road.
And so what we're trying to do is we're trying to set forth all the
protocol and requirements that would be necessary for the county to
engage and assist these taxpayers in funding their own paving of their
own private road.
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April 23, 2013
So those are two pretty exciting things. And I look forward to
discussing those with everybody.
COMMISSIONER FIALA: And we've already got some
examples, because some of the people off of Bayshore that were on
limerock roads have already taken out an MSTU and paved their own
roads. And, Nick, you probably have all of that stuff that you can help
and assist with.
COMMISSIONER NANCE: Thank you very much.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: The lowering of the permits, the
building permits, is very exciting to come up on the future agenda.
CHAIRWOMAN HILLER: Yep.
COMMISSIONER HENNING: And I was just wondering if
staff would work on a press release --
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER HENNING: -- when that comes and
commissioners' comments and get it to the media, the News Press,
because they print commissioners' comments. We could do that.
A few months ago -- I'm working with Steve Carnell and his staff
about using LAP funds for improvement of affordable housing. If
somebody has an air conditioning and it breaks or a septic system or
roof leak -- and I believe they were second loans on -- it's staff s
understanding that the board gave direction not to do those anymore,
okay, even though that -- it's in our growth plan that we will use these
funds to assist existing homeowners for upgrades and stuff like that.
So I'm very excited about that.
And the last thing, I'm very confused to what's going on in the
media. November 17th, Brent Batten had in his column about, you
know, reconsiderations and how silly it was and the thing with
Hideaway, and there was no correlation between -- but this is -- seems
to be the theme. There was no correlation between substantial
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campaign contributions and the $4 million that Hideaway received in
that.
And, of course, you know, campaign donations, you're not going
to give to someone you don't disagree (sic) with. But it seems like that
is the theme where we're going is, you know, it's unethical for
campaign donations or, you know, it's something we shouldn't do.
And I guess they don't understand what the law provides as far as
campaign contributions. And I'm really concerned -- the reason I'm
bringing this up is because they're setting, really, the tone of the
community. They're actually dividing, in my opinion, the community
when they spout off things that they have no idea about, you know,
our ethics ordinance and campaign donations and, you know, stuff like
that.
CHAIRWOMAN HILLER: Yeah. I want to just comment on
that. You know, it would be basically, like -- let's say all campaign
contributions were eliminated and candidates would basically run
without them. Well, Commissioner Coyle would have no problem
because he's got so much wealth, and I think Commissioner Fiala, you
know, would have a real hard time if she had to pull all the money out
of her own pocket to run her own campaign.
So, basically, what the Naples Daily News is espousing is, you
know, only rich people who can fund their own campaign should run,
and anyone else, you know, doesn't stand a chance because they can't
get contributions, which is ridiculous.
So, yeah, the Naples Daily News is -- they've been engaging in,
you know, maliciously defamatory rhetoric, and they really need to
stop. They really need to stop.
COMMISSIONER HENNING: Yeah. And I don't know -- and
again -- and my concern is, you know, we have a lot of visitors
coming down here. We always have these articles, three times a
week, on, you know, opinions and no factual information about what's
happening in the county. It's just somebody's opinion.
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April 23, 2013
And I don't want to use this as a bully pulpit for, you know,
unfair practice or whatever. However, it's -- you know, everybody has
an opinion, but what is happening in the media today is dividing our
community and giving a perception that just isn't there and really
trying to guide what happens as far as campaign contributions. And if
we could come up --
COMMISSIONER FIALA: I don't think the media is the only
one dividing our community. I think there are a lot of other things
dividing our community. You know, I don't think you can place
blame all on one source.
COMMISSIONER HENNING: No, no. I'm just bringing up one
source; that's all.
COMMISSIONER FIALA: Okay.
COMMISSIONER HENNING: I'm not blaming you,
Commissioner Fiala.
COMMISSIONER FIALA: Huh?
COMMISSIONER HENNING: I'm not blaming you. I wouldn't
do that.
COMMISSIONER FIALA: No, I know that.
CHAIRWOMAN HILLER: Thank you for your comments.
Did you want to comment, Commissioner Nance?
COMMISSIONER NANCE: Yeah. I want to make one more
suggestion, and maybe this is out of place, but I want to bring it up
anyway, since we have a three -week break here.
I'm still interested in talking about impact fees.
CHAIRWOMAN HILLER: That's on the -- that's coming up on
a workshop agenda.
COMMISSIONER NANCE: And I still think we ought to have
staff go to work on gathering some information.
COMMISSIONER HENNING: We are.
MR. OCHS : It's being done, sir. We owe you a report on the
28th of May, and then that's followed up --
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April 23, 2013
CHAIRWOMAN HILLER: By the workshop.
MR. OCHS: -- in early June with a workshop.
COMMISSIONER NANCE: Perfect. I'm good then.
CHAIRWOMAN HILLER: Yeah. They were just waiting for
the legislative decision.
COMMISSIONER NANCE: Okay. I thought we were still
waiting on the legislature, and I'm pretty much done waiting on them.
CHAIRWOMAN HILLER: No, they're pretty much done, I
think, on this issue.
COMMISSIONER NANCE: Perfect. Thank you.
CHAIRWOMAN HILLER: I really want to thank staff, the
county manager and his staff, and the county attorney and his staff for
working on all these ordinances, bringing them forward and, you
know, successfully getting the board's support on the
recommendations for, you know, the changes that are really going to
help the county do business in a more efficient, effective, reasonable,
and ethical manner. So, really, thank you so much.
And we're looking forward. There's a few more coming forward.
I believe the purchasing ordinance is coming forward.
And, by the way, those ordinances, like the purchasing
ordinance, like the county attorney's ordinance with making the
county attorney the ethics officer, are all the recommendations that the
legislature is recommending as ways of improving ethical standards in
counties, so great job.
And with that, unless staff or anyone in the audience wants to
comment, I think we're adjourned.
* * *Commissioner Nance moved, seconded by Commissioner
Henning and carried unanimously that the following items under the
CONSENT AGENDA be approved and /or adopted***
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April 23, 2013
Item #16A1
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY
FOR LOWES OF SOUTH NAPLES PL- 20100001862 AND TO
RELEASE THE UTILITIES PERFORMANCE SECURITY BOND
(UPS) IN THE AMOUNT OF $11,221 TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT —
DEVELOPER HAS CONSTRUCTED SEWER FACILITIES
WITHIN DEDICATED EASEMENTS TO SERVE THIS
DEVELOPMENT
Item #I 6A2
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
FOR LOWES OF SOUTH NAPLES, PHASE 1 PL- 201000006535
PHASE 2 PL- 20100001826, PHASE 3 PL- 201000001843 AND TO
RELEASE THE UTILITIES PERFORMANCE SECURITY BOND
(UPS) IN THE TOTAL AMOUNT OF $23,243.68 AND FINAL
OBLIGATION BOND OF $400 TO THE PROJECT ENGINEER
OR THE DEVELOPERS DESIGNATED AGENT— DEVELOPER
HAS CONSTRUCTED WATER FACILITIES WITHIN
DEDICATED EASEMENTS TO SERVE THIS DEVELOPMENT
Item #I 6A3
USE OF STATE OF FLORIDA CONTRACTS #ITB- DOT- 09/10-
9027 & #10/1 1-9024-LG AND WAIVE FORMAL COMPETITION
FOR STANDARDIZED TRAFFIC OPERATIONS EQUIPMENT
REPLACEMENT, REPAIRS AND SERVICE FOR MULTIPLE
VENDORS — TO PURCHASE ITS COMPONENTS IN THE
VIDEO DETECTION, REMOTE PAGER SYSTEM, VEHICLE
PREEMPTION AND WIRELESS VEHICLE DETECTION
Page 270
April 23, 2013
CATEGORIES
Item #I 6A4
RECORDING THE FINAL PLAT OF PARCEL 'A' AT GATEWAY
SHOPPES, APPLICATION NUMBER FP- PL20130000159 — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE FINAL APPROVAL LETTER
Item #I 6A5
EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH THE REFLECTION
LAKES AT NAPLES PHASE 3G SUBDIVISION (AR -7776)
PURSUANT TO SECTION 10.02.05 B.I I OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE — THE DEVELOPER
HAS PAID THE APPROPRIATE FEES AND THE NEW
EXTENSION DATE IS MARCH 14, 2014
Item #I 6A6
USE OF STATE OF FLORIDA CONTRACT #490 - 000 -12 -ACS,
FISHER SCIENTIFIC FOR THE CONTINUED PURCHASE OF
LABORATORY SUPPLIES TO CONTINUE TO PROVIDE
ANALYTICAL SERVICES FOR THE NATURAL RESOURCE
POLLUTION CONTROL LABORATORY — DUE TO AN
INCREASE IN TESTING REQUIRING ADDITIONAL SUPPLIES
WHICH EXCEEDS $50,000
Item # 16A7
Page 271
April 23, 2013
REJECT ALL BIDS FOR INVITATION TO BID (ITB) 412 -5886
FOR RIGHT -OF WAY AND MEDIAN MOWING; AND STAFF
TO ISSUE A MODIFIED ITB — DUE TO BIDDERS NOT
COMPLETING THE REQUIRED DOCUMENTS
Item #I 6A8 — With changes to the Executive Summary
A WALL CONSTRUCTION AGREEMENT BETWEEN EAGLE
CREEK OF NAPLES CONDOMINIUM ASSOCIATION, INC.,
AND COLLIER COUNTY AS AN INTEGRAL PART OF THE US-
41 /COLLIER BOULEVARD INTERSECTION IMPROVEMENT
PROJECT. (COUNTY PROJECT NO. 60116). FISCAL IMPACT:
$211,620 — FOR NOISE MITIGATION SOUTH OF THE MAIN
ENTRANCE TO THE COMMUNITY
Item # 16A9
RECORDING THE FINAL PLAT OF BENT CREEK PRESERVE,
(PL201200001267) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY— DEVELOPER MUST RECEIVE A CERTIFICATE
OF ADEQUATE PUBLIC FACILITIES PRIOR TO ISSUANCE OF
THE FINAL APPROVAL LETTER
Item #16A10
RESOLUTION 2013 -90: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF CABREO AT MEDITERRA (AR -8780) WITH
ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY
MAINTAINED AND THE RELEASE OF THE MAINTENANCE
Page 272
April 23, 2013
SECURITY AND ACCEPTANCE OF THE PLAT DEDICATIONS
— THE PUD IS IN SUBSTANTIAL COMPLIANCE
Item # 16A 11
SPECIFIC PAST STAFF CLARIFICATIONS OF THE LAND
DEVELOPMENT CODE (LDC) ATTACHED TO THIS
EXECUTIVE SUMMARY — SC- 1999 -01, GOLDEN GATE
ESTATE LOT LINE ADJUSTMENTS, SC- 2000 -01, ACCESSORY
STRUCTURE SETBACKS, SC- 2000 -02, COMBINING LOTS,
AND SC- 2000 -05 LNC DOCK REPAIRS
Item #16Al2
RESOLUTION 2013 -91: A JOINT PARTICIPATION
AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO RECEIVE REIMBURSEMENT
FOR CONSTRUCTION TO INSTALL LANDSCAPE
DEVELOPMENT IMPROVEMENTS OF UNPAVED AREAS
WITHIN THE RIGHT -OF -WAY OF I -75 AT THE IMMOKALEE
INTERCHANGE; A RESOLUTION MEMORIALIZING THE
BOARD'S ACTION; AND THE NECESSARY BUDGET
AMENDMENT (F .M. NO. 433809- 1- 58 -01, PROJECT #33257)
Item #16A13
RESOLUTION 2013 -92: A JOINT PARTICIPATION
AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO RECEIVE REIMBURSEMENT
IN THE AMOUNT OF $1250515849 FOR CONSTRUCTION
SERVICES ON FDOT' S SR951 RESURFACING PROJECT FROM
FIDDLER'S CREEK PARKWAY TO SOUTH OF SR90 (US41),
Page 273
April 23, 2013
ALONG WITH COUNTY US -41 & SR/CR -951 INTERSECTION
PROJECT; A RESOLUTION MEMORIALIZING BOARD
ACTION AND ALL NECESSARY BUDGET AMENDMENTS
Item # 16A 14
INCREASING THE AWARDED AMOUNT FOR BID #11-57605
TRAFFIC SIGNS AND RELATED MATERIAL, AWARDED TO
MULTIPLE VENDORS, FROM AN ESTIMATED $75,000 IN
FYI 1-12 TO $1505000 FOR FY 12 -13 AND THE SUBSEQUENT
YEARS REMAINING ON THE CONTRACT — TO STAY IN
COMPLIANCE WITH FEDERAL REQUIREMENTS BY
PLANNING A MORE AGGRESSIVE SCHEDULE IN
REPLACEMENT OF EXISTING NON - COMPLIANT SIGNS
Item # 16A 15
RELEASE OF LIEN IN THE AMOUNT OF $799581.15 FOR
PAYMENT OF $531.159 IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. STEVEN T. HOVLAND & MELANIE ANN HOVLAND,
CODE ENFORCEMENT CASE NUMBER CESD20100019758,
RELATING TO PROPERTY LOCATED AT 7850 FRIENDSHIP
LANE, COLLIER COUNTY, FLORIDA — FINES RELATED TO
AN UNPERMITTED WOOD DECK AND GARAGE
CONVERSION THAT WERE BROUGHT INTO COMPLIANCE
ON APRIL 4 2013
Item #1613 1
AMENDING AN EXISTING COMMERCIAL BUILDING
IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA
Page 274
April 23, 2013
AND A GRANT APPLICANT BY CLARIFYING THE
COMPLETION DATE OF CONSTRUCTION OF COMMERCIAL
BUILDING IMPROVEMENTS TO BE OCTOBER 25, 2012. (4097
BAYSHORE DRIVE, FISCAL IMPACT• $0)
Item 916B2
RATIFYING THE FORMER EXECUTIVE DIRECTOR OF THE
IMMOKALEE CRA'S UNAUTHORIZED TERMINATION OF AN
AGREEMENT WITH COLLIER COUNTY GRANTING $140,000
OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS TO THE CRA FOR THE PROJECT KNOWN AS
IMMOKALEE CROSSWALK IMPROVEMENTS, PROJECT
#CD 11 -05 — THE EXECUTIVE DIRECTOR ACTED OUTSIDE
THE SCOPE OF HER AUTHORITY BY TERMINATING THE
AGREEMENT
Item # 16C 1
BID NO. 12 -5956, "ELECTRICAL COMPONENT TESTING," TO
INDUSTRIAL ELECTRIC TESTING, INC., AND ELECTRIC
POWER SYSTEMS, INC., AS PRIMARY AND SECONDARY
VENDORS, RESPECTIVELY — USED BY ANY COUNTY
DEPARTMENT FOR SCHEDULED OR EMERGENCY WORK
Item #16C2
CONTRACT TO AECOM USA, INC., IN THE NOT -TO- EXCEED
AMOUNT OF $649,960 UNDER REQUEST FOR PROPOSAL NO.
13 -6010, "PUBLIC UTILITIES MASTER PLAN," PROJECT
NUMBER 70031, AND THE NECESSARY BUDGET
AMENDMENTS — IDENTIFYING WATER AND WASTEWATER
Page 275
April 23, 2013
UTILITY PROJECTS NEEDED TO MEET THE DEMAND FOR
SERVICES RELATED TO POPULATION GROWTH
Item #16C3
TWO WORK ORDERS TO KYLE CONSTRUCTION, INC., IN
THE COMBINED AMOUNT OF $381,582.22 UNDER PROJECT
NUMBER 70019, "CROSS CONNECTION CONTROL
PROGRAM." — IN ORDER TO MAINTAIN COMPLIANCE WITH
RULE 62 -555 OF THE FLORIDA ADMINISTRATIVE CODE
AND COUNTY ORDINANCE 2008 -32
Item #I 6C4
WORK ORDER TO HASKINS, INC., AND A WORK ORDER TO
QUALITY ENTERPRISES USA, INC., IN THE COMBINED
AMOUNT OF $139,449.60 UNDER PROJECT NUMBER 70023,
FIRE HYDRANT REPLACEMENT — REPLACING 60 FIRE
HYDRANTS: 36 IN IMPERIAL CIRCLE AND BENTLEY
VILLAGE AND 24 IN BAY FOREST
Item # 16D 1
RESOLUTION 2013 -93: RESCINDING AND REPLACING
RESOLUTION NO. 2013 -31, ADOPTING THE
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
AND GOAL SETTING PROCESS TO ENSURE THAT DBE's
HAVE AN EQUAL OPPORTUNITY TO RECEIVE AND
PARTICIPATE IN FEDERAL TRANSIT ADMINISTRATION
ASSISTED CONTRACTS BY ENSURING
NONDISCRIMINATION IN THEIR AWARD AND
ADMINISTRATION — RELATING TO ADDITIONAL
Page 276
April 23, 2013
REVISIONS TO THE 2013 DBE PROGRAM BY FTA
Item # 16D2
AN AMENDMENT TO THE FY08 FEDERAL TRANSIT
ADMINISTRATION (FTA) SECTION 5309 GRANT AWARD —
REVISING THE GRANT APPLICATION TO APPLY FOR
RESIDUAL FUNDING TO SUPPLEMENT FUNDING FOR THE
CAT ADMINSTRATION AND OPERATIONS FACILITY
IMPROVEMENTS
Item #I 6D3
MODIFICATION #7 TO DISASTER RECOVERY INITIATIVE
GRANT AGREEMENT # l ODB-D4-09-2 1 -01 -K09 BETWEEN THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
(DEO) AND COLLIER COUNTY TO FACILITATE
REPROGRAMMING OF UNEXPENDED FUNDS, EXTEND THE
GRANT, APPROVE NEW ASSOCIATED SUBRECIPIENT
AGREEMENTS AND FOUR SUBRECIPIENT AGREEMENT
AMENDMENTS — AFFECTING FUNDING FOR THE
FOLLOWING PROJECTS: IMMOKJALEE CRA — COLORADO
AVE., GOODWILL —ROBERT' S CENTER, GILCHRIST
APARTMENTS, CCHA — FARM WORKER VILLAGE,
IMMOKALEE CRA — STORMWATER PROJECT, IMMOKALEE
NON - PROFIT HOUSING, INC., BAYSHORE STORMWATER,
GOODLETTE ARMS AND SHELTER ENHANCEMENTS
Item #I 6D4
EXECUTION OF THE CONGESTION MANAGEMENT
SYSTEM /INTELLIGENT TRANSPORTATION STAKEHOLDERS
Page 277
April 23, 2013
(CMS /ITS) GRANT AWARD IN THE AMOUNT OF $336,872
FOR THE CONSTRUCTION OF ADDITIONAL BUS SHELTERS
— FOR DESIGN AND CONSTRUCTION OF 12 BUS SHELTERS
Item #I 6D5
RESOLUTION 2013 -94: STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2013/2014, 2014/2015
AND 2015/2016, SIGN ASSOCIATED DOCUMENTS, AND
SUBMISSION TO THE FLORIDA HOUSING FINANCE
CORPORATION AND THE ASSOCIATED INTERLOCAL
AGREEMENT WITH THE CITY OF NAPLES — PROVIDING
FIRST TIME HOMEBUYERS WITH PURCHASE ASSISTANCE
AND DISASTER RELIEF FOLLOWING A NATURAL
DISASTER DECLARED BY THE GOVERNOR OR PRESIDENT
Item #16D6
PAYMENT OF A $1,753.71 INVOICE FOR THE PUBLIC'S USE
OF SOVEREIGNTY SUBMERGED LANDS AT CAXAMBAS
BOAT PARK AND SUBMITTAL OF THE 2012/2013 FLORIDA
ANNUAL GROSS INCOME REPORTING FORM TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION
Item #16D7
AUTHORIZING IMPROVEMENTS SOUGHT BY NAPLES ZOO
TO REFURBISH THE COYOTE CAGE AND FOR THE SOUTH
AFRICAN LION'S ADDITION IN ACCORDANCE WITH THE
CURRENT LEASE AGREEMENT BETWEEN THE BOARD OF
Page 278
April 23, 2013
COUNTY COMMISSIONERS AND THE ZOO
Item #I 6D8 — With changes to the Executive Summary
TWO (2) STANDARD COLLIER COUNTY PARKS AND
RECREATION FACILITY RENTAL AGREEMENTS TO BE
USED AS FORM AGREEMENTS AND THE COUNTY
MANAGER OR HIS DESIGNEE TO ENTER INTO THESE
AGREEMENTS — SEPARATE AGREEMENTS ARE NEEDED
SINCE LIABILITY CLAUSES FOR GOVERNMENTAL
AGENCIES ARE DIFFERENT FROM THOSE THAT APPLY TO
PRIVATE AND PRIVATE NON - PROFIT ENTITIES
Item #16D9
A DEED OF CONSERVATION EASEMENT TO THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT FOR THE
GORDON RIVER GREENWAY PARK, PROJECT #80065.1 — AT
THE SE CORNER OF THE INTERSECTION OF GOLDEN GATE
PARKWAY AND GOODLETTE -FRANK ROAD
Item # 16E 1
ESTABLISHMENT OF A BUDGET FOR THE PUBLIC SAFETY
AUTHORITY (PSA) IN THE AMOUNT OF $149000 — TO
PROVIDE FOR FUND ADMINISTRATION, RECORD KEEPING,
BILLING AGENCIES, COLLECTION OF FUNDS, PAYMENT OF
APPROVED EXPENSES AND FINANCIAL REPORTING
Item #I 6E2
THE ELECTRONIC SUBMISSION OF A GRANT APPLICATION
Page 279
April 23, 2013
ON BEHALF OF THE EMERGENCY MEDICAL SERVICES'
SEARCH AND RESCUE TEAM TO THE WALMART
COMMUNITY GRANTS PROGRAM FOR A MAXIMUM OF
$200 FOR THE HUG -A -TREE PROGRAM (NO MATCH
REQUIRED)
Item #I 6E3
REVENUES FOR SPECIAL SERVICES TO THE FACILITIES
MANAGEMENT DEPARTMENT AND THE NECESSARY
FISCAL YEAR 2012 -2013 BUDGET AMENDMENT
Item #I 6E4
REJECT RESPONSES RECEIVED FOR INVITATION TO BID
(ITB) #13 -6070 PURCHASE AND DELIVERY OF TURF —
ALLOWING STAFF TO RESTRUCTURE THE SOLICITATION
AND RE- SOLICIT
Item #16E5
ADDITIONS, DELETIONS, AND RECLASSIFICATIONS TO
THE 2013 FISCAL YEAR PAY AND CLASSIFICATION PLAN
MADE FROM JANUARY 1 THROUGH MARCH 31, 2013
Item #I 6E6
RESOLUTION 2013 -95: A REPORT CONCERNING THE SALE,
DONATION OF ITEMS, AND DISBURSEMENT OF FUNDS
ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD
ON MARCH 23, 2013, A RESOLUTION AUTHORIZING THE
COUNTY MANAGER, OR HIS DESIGNEE, TO PERFORM THE
Page 280
April 23, 2013
MINISTERIAL FUNCTION OF EXECUTING CERTIFICATES OF
TITLE FOR COUNTY -OWNED VEHICLES SOLD OR SET FOR
SALE AT FUTURE AUCTIONS
Item #I 6E7
THE ASSUMPTION OF CONTRACT #08 -5009 FROM SIRE
TECHNOLOGIES, INC., A DIVISION OF ALPHACORP
("ALPHACORP ") TO HYLAND SOFTWARE, INC. (" HYLAND")
FOR ENTERPRISE CONTENT MANAGEMENT SOFTWARE
SOLUTION — HYLAND PURCHASED ALPHACORP'S ASSESTS
ON AUGUST 29, 2012
Item # 16F 1
A BUDGET AMENDMENT TRANSFERRING $100,000 FROM
PELICAN BAY MSTBU FUND 109 RESERVE FOR
CONTINGENCIES TO CLAM BAY FUND 320 ECOSYSTEM
ENHANCEMENTS — TO FUND THE RESTORATION WORK BY
QUALITY ENTERPRISES OF THE PELICAN BAY SOUTH
BERM AND SWALE
Item #I 6F2
BID #13 -6061 FOR HORTICULTURE DEBRIS HAULING AND
DISPOSAL TO GREENCO VEGETATION RECYCLING, LLC
Item #16F3
CHANGE ORDER #4 TO CONTRACT 410 -5541 WITH
PARADISE ADVERTISING AND MARKETING, INC. IN THE
AMOUNT OF $10000 IN ADDITIONAL MEDIA AND
Page 281
April 23, 2013
PRODUCTION BILLING AT GROSS IN ACCORDANCE WITH
THEIR AGREEMENT WITH COLLIER COUNTY AND THE
CHAIRWOMAN TO EXECUTE THE CHANGE ORDER — TO BE
USED FOR AN ENHANCED LATE WINTER AND SUMMER
MARKETING PROGRAM
Item #16174
REPORT COVERING A BUDGET AMENDMENT IMPACTING
RESERVES IN AN AMOUNT UP TO AND INCLUDING $25,000
AND BUDGET AMENDMENT MOVING FUNDS — BA #13 -290,
FOR A DONATION TO THE COLLIER 211 CAMPAIGN TO
BENEFIT THE COUNTY'S COMMUNITY PUBLIC SAFETY
MISSION
Item #16F5
RESOLUTION 2013 -96: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2012 -13 ADOPTED
BUDGET
Item #16F6
THE FLORIDA ASSOCIATION OF COUNTIES APRIL 4, 2013
LEGISLATIVE DAY SUMMARY REPORT — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item # 16G 1
TRAVEL REQUEST IN THE AMOUNT OF $42 FOR THE
AIRPORT AUTHORITY EXECUTIVE TO MEET WITH THE
Page 282
Apri123, 2013
FEDERAL AVIATION ADMINISTRATION AND FLORIDA
DEPARTMENT OF TRANSPORTATION IN ORLANDO,
FLORIDA — TO COVER MEAL REIMBURSEMENTS
Item #I 6G2
CONCESSIONAIRE AGREEMENT BETWEEN THE COLLIER
COUNTY AIRPORT AUTHORITY AND ROBERT GRETZKE,
D /B /A WINGS FOR SPECIALIZED AVIATION SERVICE
OPERATIONS AT EVERGLADES AIRPARK — THE TERM OF
THE AGREEMENT IS TWO YEARS AND CONTINUES FROM
MONTH TO MONTH UNTIL AT LEAST THIRTY DAYS
ADVANCE WRITTEN NOTICE TO TERMINATE IS GIVEN BY
EITHER PARTY
Item #16G3
A STANDARD CATERING LICENSE AGREEMENT FOR THE
MARCO ISLAND EXECUTIVE AIRPORT
Item # 16H 1
COMMISSIONERS TO ATTEND THE FLORIDA ASSOCIATION
OF COUNTIES (FAC) ANNUAL CONFERENCE AND
EDUCATIONAL EXHIBITION JUNE 25-2852013 — HELD IN
TAMPA AT THE MARRIOTT TAMPA WATERSIDE
Item #161-12
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. TO ATTEND THE ARTSNAPLES WORLD
Page 283
April 23, 2013
FESTIVAL — UNA SERA LATINA EVENT ON MAY 10, 2013.
THE SUM OF $100 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET — HELD AT THE NAPLES SAILING
AND YACHT CLUB, 896 RIVER POINT DRIVE
Item #16143
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. TO ATTEND THE 11TH ANNUAL TOURISM STAR
AWARDS LUNCHEON ON MAY 89 2013. THE SUM OF $30 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
— HELD AT THE NAPLES HILTON
Item # 1611
MISCELLANEOUS CORRESPONDENCE TO FILE WITH
ACTION AS DIRECTED. DOCUMENT(S) HAVE BEEN
ROUTED TO COMMISSIONERS PER THEIR REQUEST AND
ARE AVAILABLE FOR REVIEW IN THE BCC OFFICE UNTIL
APPROVAL
Page 284
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 23, 2013
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Miscellaneous Correspondence:
1) Collier Mosguito Control District:
2013 Board Meeting Schedule 1.28.13
2) Verona Walk Community Development District:
FY 13 Meeting Schedule 1.3.13
3) Larry Ray Tax Collector:
Notice to Dept. of Revenue 1.8.13
4) Port of the Islands Community Improvement District:
Meeting agenda and minutes 10.19.12; 1. 18.13
5) NDN Ad Wildwood Estates:
1.10.13
6) Commissioner Fiala Town Hall Meeting Minutes:
2.21.13; 2.27.13
7) Cedar Hammock Community Development District:
Meeting agenda and minutes 9.10.12; 10.15.12; 11. 12.12
BOARD OF COUNTY COMMISSIONERS
ADVISORY BOARD MINUTES
April 23, 2013
2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Minutes:
1) Collier County Coastal Advisory Committee:
Minutes of 12.13.12
2) Collier County Code Enforcement Board:
Minutes of 3.22.12; 4.26.12; 5.24.12; 6.28.12; 7.26.12; 8.23.12;
9.27.12; 12.7.12 (Special Magistrate); 1.4.13 (Special Magistrate)
3) Collier County Planning Commission:
Agenda of 12.6.12
Minutes of 12.6.12
4) Contractors Licensing, Board:
Minutes of 12.19.12; 1. 16.13
5) Development Services Advisory Committee:
Minutes of 12.5.12; 12.14.12 (Land Development Review
Subcommittee).
6) Golden Gate Community Center Advisory Committee:
Minutes of 11.5.12
7) Hispanic Affairs Advisory Board:
Minutes of 10.25.12
8) Historical/Archaeological Preservation Board:
Minutes of 10. 17.12
9) Immokalee Beautification Advisory Committee:
Agenda of 1.23.13
Minutes of 11.14.12
10) Isles of Capri Fire Control District Advisory Committee:
Minutes of 1.17.13
11) Land Acquisition Advisory Committee:
Minutes of 11.16.12; 1. 14.13
12) Library Advisory Board:
Minutes of 10.17.12; 12.6.12
13) Ochopee Fire Control District Advisory Committee:
Minutes of 12.10.12; 1. 14.13
14) Pelican Bay Services Division B_ oard:
Agenda of 12.27.12 (Clam Bay Subcommittee); 1.2.13; 1. 15.13
(Landscape Water Management Subcommittee); 1. 15.13 (Clam Bay
Subcommittee); 1.21.13 (Special Session); 1.22.13 (Ad Hoc
Committee to Develop an Approach for Studying Pathways and
Trees); 1.22.13 (Budget Subcommittee); 2.13.13
Minutes of 12.5.12; 12.10.12 (Clam Bay Subcommittee); 12.10.12
(Landscape Water Management Subcommittee); 12.27.12 (Clam Bay
Subcommittee); 1.2.13; 1.15.13 (Clam Bay Subcommittee); 1.21.13
(Special Session); 1.22.13 (Ad Hoc Committee to Develop an
Approach for Studying Pathways and Trees)
15) Public Safety Authority:
Minutes of 11. 14.12
April 23, 2013
Item # 16J 1
DISBURSEMENTS FOR THE PERIOD OF MARCH 28, 2013
THROUGH APRIL 3, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #I 6J2
DISBURSEMENTS FOR THE PERIOD OF APRIL 4, 2013
THROUGH APRIL 10, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #I 6J3
A BUDGET AMENDMENT RECOGNIZING INTEREST
EARNED IN SUPERVISOR OF ELECTIONS' 2012/2013
FEDERAL ELECTION ACTIVITIES GRANT — RECOGNIZING
INTEREST IN THE AMOUNT OF $18.00
Item # 16K 1
AN ASSUMPTION AGREEMENT SUBSTITUTING THE LAW
FIRM OF SMOLKER BARTLETT SCHLOSSER LOEB & HINDS,
P.A. FOR THE LAW FIRM OF BRICKLEMYER SMOLKER &
BOLVES, P.A., IN THE RETENTION AGREEMENT DATED
APRIL 24, 2007 WHICH WAS AMENDED TWICE —
BRICKLEMEYER, SMOLKER & BOLVES, P.A. WAS
RENAMED TO SMOLKER BARTLETT SCHLOSSER LOEB &
HINDS, P.A. IN FEBRUARY 2013
Item #I 6K2
Page 285
April 23, 2013
A MEDIATED SETTLEMENT AGREEMENT AND MUTUAL
RELEASE PRIOR TO TRIAL IN THE LAWSUIT ENTITLED
WHITE GENERAL CONSTRUCTORS, INC., V. COLLIER
COUNTY, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA (CASE NO. 12-2692 -
CA) FOR THE SUM OF $409000 — RELATING TO A COUNTY
CONTRACT FOR THE RENOVATION AND REMODELING OF
THE NAPLES MUSEUM DEPOT, PHASE 3 PROJECT
Item # 16K3 — Moved to Item # 12B (Per Agenda Change Sheet)
* * *Commissioner Fiala moved, seconded by Commissioner Nance
and carried unanimously that the following items under the
SUMMARY AGENDA be adopted with changes***
Item #I 7A
ORDINANCE 2013 -28: 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)
Item #I 7B
ORDINANCE 2013 -29: AMENDING ORDINANCE NUMBER 06-
42, THE BROOKS VILLAGE COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD), BY ADDING A RIGHT -IN ONLY
ACCESS POINT ON PINE RIDGE ROAD; BY CHANGING THE
HOURS OF OPERATION OF THE OUTPARCELS FRONTING
Page 286
April 23, 2013
ON PINE RIDGE ROAD TO 24 HOURS; BY CHANGING THE
ACCESS ON 11TH AVENUE SW FROM INGRESS ONLY TO
INGRESS AND EGRESS; BY AMENDING THE MASTER PLAN;
AND BY REVISING AND DELETING DEVELOPER
COMMITMENTS. THE PROPERTY IS LOCATED ON THE
SOUTHWEST QUADRANT OF THE INTERSECTION OF
COLLIER BOULEVARD (CR 95 1) AND PINE RIDGE ROAD (CR
896)9 IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA CONSISTING OF 22.7 ACRES;
AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-
PL20120002136]
Item #I 7C
RESOLUTION 2013 -97: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2012 -13 ADOPTED
BUDGET
Item #17D — Moved to Item #913 (Per Commissioner Henning during
Agenda Changes) — With changes to the Executive Summary
Page 287
April 23, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:48 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVFyRNING BOARD(S) OF
SPEC•IAL DISTiRICTS UNDER ITS CONTROL
IAA. HILLER, ESQ., CHAIRWOMAN
ATTEST:
ts..
DVVI Id-I �,.,BROCK, CLERK
i�A. tl.
e
At *k aj t4 Gh
�,R , ,
These minutes appro ed by the Board on 2- ,Zc�l , as
presented or as correc d
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.