BCC Minutes 01/28/2014 R BCC
REGULAR
MEETING
MINUTES
January 28, 2014
January 28, 2014
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 28, 2014
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:
CHAIRMAN: Tom Henning
Tim Nance
Donna Fiala
Fred Coyle
Georgia Hiller
ALSO PRESENT:
Jeffrey Klatzkow, County Attorney
Leo E. Ochs, Jr., County Manager
Crystal Kinzel, Finance Director
Tim Durham, Executive Manager, Corp. Business Operations
Troy Miller, Communications & Customer Relations Manager
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
January 28, 2014
9:00 AM
Tom Henning - BCC Chairman; BCC Commissioner, District 3
Tim Nance - BCC Vice-Chairman, District 5
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Georgia Hiller - BCC Commissioner, District 2
Fred W. Coyle - BCC Commissioner, District 4; CRAB Vice-Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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January 28,2014
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 FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Dawson Taylor - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. December 3, 2013 - BCC/Economic Development for Rural Areas in the
County/Sports Marketing and Event Promotion Workshop
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January 28, 2014
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation recognizing the 50th Anniversary of Del's 24 Hour Food Store.
To be accepted by Del Ackerman. Sponsored by Commissioner Fiala.
B. Proclamation designating February 13, 2014 as Macedonia Missionary
Baptist Church Day in honor of its 85th Anniversary. To be accepted by
Reverend Lonnie E. Mills, Betty Adkins, Irene Williams, Sylvester Cotton,
Tangie Burns and Voncile Whitaker. Sponsored by the Board of County
Commissioners.
C. Proclamation recognizing Building Homes for Heroes for its generous
donation of a mortgage free home to Army Sergeant Brent Hernandez in
honor of his service to our nation. To be accepted by Kim Valdyke, Sgt.
Brent Hernandez and Kathi Kilburn. Sponsored by Commissioner Hiller.
D. Proclamation recognizing the Big Cypress Basin Office of the South Florida
Water Management District and County staff for their outstanding teamwork
and cooperation to reduce flooding for Collier County residents during the
summer of 2013. To be accepted by Rick Barber, Chairman, Big Cypress
Basin Board; Lisa Koehler, Administrator, Big Cypress Basin; Chris
Doherty, Field Station Supervisor, Big Cypress Basin; Nick Casalanguida,
Administrator, Growth Management Division; Gerald Kurtz, Surface Water
and Environmental Planning; John Vliet, Director, Road Maintenance; and
Travis Gossard, Superintendent, Road Maintenance. Sponsored by
Commissioner Nance.
5. PRESENTATIONS
A. Recommendation to recognize Corey Ford, Technical Support Professional,
Sr., as the Employee of the Year for 2013.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
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January 28, 2014
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve an Ordinance amending Ordinance Number
97-70, the Pelican Lake Planned Unit Development, to allow on a
recreational vehicle lot an accessory structure with up to 350 square feet of
area for cooking, laundry, storage or recreational activities. The subject
property is located on the east side of Collier Boulevard (SR-951) in Section
15, Township 51 South, Range 26 East, Collier County, Florida, consisting
of 101.3+/- acres. (Petition number PUDA-PL20130000476)
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the La Peninsula MSBU Advisory Board.
B. Appointment of member to the Collier County Code Enforcement Board.
11. COUNTY MANAGER'S REPORT
A. Recommendation to consider options for improved EMS response times
throughout Collier County. (Chief Walter Kopka, EMS)
B. Recommendation to approve a Memorandum of Understanding (MOU) with
North Naples Fire Control and Rescue District (NNFD) that identifies a plan
to develop an integrated building plan review and inspection platform that
better serves our citizens and mutual customers. (Nick Casalanguida,
Growth Management Administrator)
C. Recommendation to approve the draft letter, directed by the Board,
requesting that the City of Marco Island initiates a plan to repair Goodland
Road (CR 92A). (Nick Casalanguida, Growth Management Administrator)
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January 28, 2014
D. Recommendation to reject an offer received from Asset Recovery XVIII,
LLC for the sale of 305 acres immediately adjacent to the Collier County
Landfill. (Toni Mott, Real Property Manager)
E. Recommendation to approve the Purchasing Manual; authorize the use of a
County Attorney approved standard purchase order delegated to the County
Manager and executed by the Purchasing Director for the general
procurement of goods and services; and, delegate the signature authority to
the County Manager and executed by the Purchasing Director for County
Attorney approved non-standard vendor agreements for goods and services
up to $50,000 and approved annual cooperative contracts [Section 18B]
which are reported and approved per Section Seven of the Purchasing
Ordinance. (Len Price, Administrative Services Administrator)
F. Recommendation to approve the ranked lists of firms for Request for
Proposal (RFP) #13-6164, Professional Services: Architect and Engineering
and direct staff to bring negotiated contracts with the top ranked firms
identified on the attached discipline sheets to the Board for subsequent
approval. (Len Price, Administrative Services Administrator)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to direct the County Attorney to accept the jury award and
Final Judgments in the eminent domain case styled Collier County v. RTG,
LLC, et al., Case No. 10-CA-00259, for the taking of Parcels 116FEE,
116TCE 1, 116TCE2, and 116TCE3 for the intersection improvements at US
951 (Collier Blvd.) and US 41 (Project No. 60116). Fiscal Impact:
$5,524,050.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
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January 28,2014
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to authorize the Clerk of Courts to release a Letter
of Credit in the amount of$52,710 which was posted as a
development guaranty for work associated with Sabal Bay
Commercial Plat - Phase 4, AR-13453.
2) Recommendation to approve a release of lien in the amount of
$280,224.79 for payment of$1,074.79, in the Code Enforcement
Action entitled Board of County Commissioners vs. Innovation
Construction & Development, LLC, Code Enforcement Board Case
No. CEB 2004-75, relating to property located at 219 2nd Street
South, Immokalee, Collier County, Florida.
3) 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 Maple Ridge at Ave Maria
Phase 2, (Application Number PPL-PL20130001594) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
4) Recommendation to approve the transfer of the Goodland Isles, Inc.
Utility Franchise to the Coon Key Pass Fishing Village Condominium
Association, Inc., a Florida non-profit corporation, in accordance with
Ordinance No. 96-06, as amended, "Section 1-19. Application for
Transfer of Franchise Certification, Facilities or Control, (E) Transfer
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January 28, 2014
to Homeowners' Association."
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve the Student School Year Agreement with
the District School Board of Collier County for transportation services
for County recreation program participants at an estimated annual cost
of$5,000.
2) Recommendation to approve the selection committee rankings, and to
authorize entering into contract negotiations for Request for Proposal
No. 13-6178 For CEI Services for Vanderbilt Beautification MSTU.
3) Recommendation to approve an annual Maintenance Agreement with
Innovative Interfaces, Inc. for Sierra software for library system
operations support, request that the Board waive the formal
competitive threshold pursuant to Ord. No. 13-69, Section 9(B)(2),
and authorize the Chairman to sign the County Attorney approved
agreement.
4) Recommendation to approve the submittal of a grant application for
the 2013/2014 Federal Highway Administration (FHWA) Flexible
Funds for the construction of improvements to the Collier Area
Transit Administration, Operations & Maintenance facility in the
amount of$1,186,348 through the Federal Transit Administration
(FTA) Transportation Electronic Award Management (TEAM)
System.
5) Recommendation to approve a Resolution superseding Resolution No.
2013-28 establishing New Bike Locker Rental Fees, Policies and
Procedures at the Collier Area Transit Intermodal Transfer Facility
located at the Government Center.
6) Recommendation to execute the attached Supplemental Agreement to
the Joint Participation Agreement (JPA) between the Florida
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January 28, 2014
Department of Transportation (FDOT) and Collier County to amend
the Disadvantaged Business Enterprise language for Contract
#AQQ16.
7) Recommendation to execute the attached Supplemental Agreement to
the Joint Participation Agreement (JPA) between the Florida
Department of Transportation (FDOT) and Collier County to amend
the Disadvantaged Business Enterprise language for Contract
#AQQ85.
8) Recommendation to execute the attached Supplemental Agreement to
the Joint Participation Agreement (JPA) between the Florida
Department of Transportation (FDOT) and Collier County to amend
the Disadvantaged Business Enterprise language for Contract
#AQR01.
9) Recommendation to amend the State/Federal Subordination Loan
Policy to allow future subordination requests to include impact fee
deferral liens.
10) Recommendation to approve an Amended and Restated Access
Easement Agreement with Headwaters Development Limited
Liability Limited Partnership, LLLP to provide for developer
improvements to an access roadway over County property associated
with the Gordon River Greenway Project and authorize a budget
amendment recognizing revenue in the amount of$140,365.20;
Project No. 80065.1
11) Recommendation to approve a budget amendment in the amount of
$87,000 from Tourist Development Council (TDC) Park Beach
Facilities Fund (183) reserves to make piling repairs to the Clam Pass
Boardwalk drawbridge, and make a finding that this project supports
tourism.
12) Recommendation to approve a subrecipient agreement implementing
the FY2013-2014 Annual Action Plan by utilizing U.S. Housing and
Urban Development (HUD) Community Development Block Grant
(CDBG) funds for Habitat for Humanity - Faith Landing
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January 28, 2014
Infrastructure Project (Fiscal Impact $500,000).
13) Recommendation to approve and execute the documents necessary to
convey an easement to Lee County Electric Cooperative, Inc. on
County property at Tigertail Beach; Project No. 90093.
14) Recommendation to approve Third Amendment to Agreement with
the Collier County Housing Authority, Inc. (CCHA) for a Tenant
Based Rental Assistance Project to extend the project completion date.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve a Second Amendment to Parking
License Agreement with Vanderbilt Real Estate Holdings, LP, for
temporary parking for beach maintenance equipment.
2) Recommendation to approve additions, deletions, and reclassifications
to the 2014 Fiscal Year Pay and Classification Plan made from
October 1, 2013 through December 31, 2013.
3) Recommendation to recognize $2,739 in revenue due to the on-line
auction sale of two 2004 Suzuki outboard motors and approve the
necessary budget amendment for the Ochopee Fire Control District
for the purpose of replacing fire/rescue equipment.
4) Recommendation to award Request for Proposal (RFP) #13-6163
Security Services to G4S Secure Solutions, Inc. (USA) for courthouse
and government security services and authorize the Chairman to
execute a County Attorney approved agreement.
F. COUNTY MANAGER OPERATIONS
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Appointment of member to the Parks and Recreation Advisory Board.
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January 28, 2014
2) Appointment of members to the Pelican Bay Services Division Board.
3) Request by Commissioner Hiller for Reconsideration of Item #6A
from the January 14, 2014 BCC meeting titled: Public Petition
request from Jared Grifoni representing the Libertarian Party of
Collier County, requesting that the Board of County Commissioners
rescind Ordinance No. 2013-70 which established the La Peninsula
Seawall Municipal Service Benefit Unit (MSBU) and rescind
Resolution No. 2013-292 which established a special assessment for
funding the seawall improvements. Both Ordinance No. 2013-70 and
Resolution No. 2013-292 were adopted by the Board of County
Commissions on December 10, 2013.
4) Recommendation to adopt a Resolution removing a member from the
Black Affairs Advisory Board and to declare the member's seat to be
vacant.
5) Recommendation to declare the attendance by Commissioner(s) and
staff at the Florida Association of Counties Legislative Day
Conference, March 26-28, 2014, to be a valid public purpose.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Marco Island Police Foundation Luncheon on
February 6, 2014. The sum of$20 to be paid from Commissioner
Fiala's travel budget.
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Columbiettes Winter Wonderland Dinner Dance on
January 25, 2014. The sum of$40 to be paid from Commissioner
Fiala's travel budget.
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Naples Lakes Book Club Discussion on February 13,
2014. The sum of$12 to be paid from Commissioner Fiala's travel
budget.
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January 28,2014
9) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Marco Island Center for The Arts Rhapsody in Black
on February 9, 2014. The sum of$70 to be paid from Commissioner
Fiala's travel budget.
10) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Let The Fun Times Roll at Mardi Gras on February 28,
2014. The sum of$100 to be paid from Commissioner Fiala's travel
budget.
11) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Naples Zoo Cocktails & Cockatoo on February 8,
2014. The sum of$75 to be paid from Commissioner Fiala's travel
budget.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of January
3, 2014 to January 9, 2014 and for submission into the official records
of the Board.
2) To obtain Board approval for disbursements for the period of January
10, 2014 to January 16, 2014 and for submission into the official
records of the Board.
3) Recommendation to approve and authorize the Chairman to sign an
Agreement Authorizing the Collier County Sheriff's Office to have
Traffic Control Jurisdiction over Private Roads within the Tarpon Bay
Subdivision.
4) Recommendation that the Board accepts the investment update report
for the quarter ended December 31, 2013.
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January 28, 2014
K. COUNTY ATTORNEY
1) Recommendation to approve an Assumption Agreement substituting
the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz,
P.C., for the law firm FEMA Law Associates, PLLC, in the Retention
Agreement dated December 11, 2012; and authorize staff to open a
Purchase Order in an amount not to exceed $15,000.
2) Recommendation to approve Amendment to Agreement for Legal
Services relating to Retention Agreement Hahn Loeser & Parks, LLP.
extending the expiration date to February 9, 2016. There is no new
fiscal impact associated with this Amendment.
3) Recommendation that the Board of County Commissioners approves
and authorizes the Chair to execute the proposed Collier County
Emergency Services Medical Director Agreement with Dr. Tober.
4) Recommendation that the Board of County Commissioners adopts the
attached Resolution confirming the January 14, 2014 appointments of
the Chair and Vice-Chair of the Board of County Commissioners, and
various other Boards, and repeals Resolution No. 2013-291, which is
in part in conflict with such appointments.
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.
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January 28, 2014
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 approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 92-7, the R. Roberts Estate PUD, and amending
Ordinance Number 2004-41, as amended, the Collier County Land
Development Code which includes the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the
appropriate zoning atlas map or maps; by changing the zoning designation of
3.2 acres of land from Residential Single Family-3 (RSF-3) to R. Roberts
Estate Mixed Use Planned Unit Development; by increasing the size of Tract
A of the PUD by 3 acres, from 5.9 ± acres to 8.9 ± acres; by changing the
permitted uses on Tract A from single family residential to up to 50,000
square feet of gross floor area of institutional and professional office uses;
by revising Section I, Property Description; by revising Development
Standards and Developer Commitments for the PUD located on the south
side of Roberts Avenue and north and east of SR-29 in Section 4, Township
47 South, Range 29 East, Collier County Florida consisting of 42 ± acres;
and by providing an effective date. (Petition number PUDA-
PL20130000052)
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
C. Recommendation that the Board of County Commissioners accepts the
amendments to Ordinance No. 87-5, Incentives for Job Related Achievement
as advertised, adding an award for employees who are retiring under the
Florida Retirement System with at least 5 years of County service.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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January 28, 2014
January 28, 2014
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Good morning. Welcome to the
Board of Commissioners, January 28th, 2014 meeting, Regular
Meeting.
If you all would either silent your cell phone or put it on vibrate,
it will make our meeting go much smoother.
County Manager?
MR. OCHS: Sir, would you like to begin with the invocation this
morning?
CHAIRMAN HENNING: Yeah, the invocation and Pledge of
Allegiance. Invocation given by Dawson Taylor, Naples United
Church of Christ.
Would you all bow your heads.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY
REVEREND DAWSON TAYLOR OF NAPLES UNITED CHURCH
OF CHRIST
REVEREND TAYLOR: Let us pray.
Gracious God, the giver of justice and the giver of life, we thank
you for this Board. We thank you for their work, for their
commitment to the citizens of Collier County. We thank you for their
families that support them. And as we gather for this meeting, oh,
God, we ask that you would keep us ever mindful of those who have
less and those who need our attention, and to be reminded that we are
called to be beacons of hope for all people of Collier County.
And we ask that you would guide this great Board, that you
would continue to strengthen them in their work. In all of these things
we ask in your many names. Amen.
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January 28, 2014
(Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: Okay, County Manager, would you
walk us through the change list?
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS
AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AND SUMMARY
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, sir. Good morning, Mr. Chairman and
Commissioners. These are the proposed agenda changes for your
Board of County Commissioners meeting of January 28th, 2014.
The first proposed change is to continue Item 11.E regarding the
proposed County Purchasing Manual. That request comes from
Commissioner Hiller.
The next proposed change is to continue Item 16.D.5 from your
consent agenda to the next meeting, which would be February 11th,
2014. That change is made at staffs request.
We have two time certain items scheduled for this morning,
Commissioners. The first is Item 11 .B to be heard at 10:00 a.m.
That's a matter regarding fire plan review and inspections.
And Item 11.0 will be heard at 11 :00 a.m., and that's a report on
the repair and maintenance needs for Goodland Road/92A.
We have one agenda note, that is Item 9.A. These were letters of
objection to the Pelican Lake petition that you'll hear at 1 :00 p.m.
today. These letters were inadvertently omitted from the printed
agenda packet. Copies have been supplied to Commission members,
as well as County Attorney and Minutes and Records, and copies were
also included and uploaded on the on-line version of your agenda
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January 28, 2014
packet.
We have court reporter breaks scheduled for 10:30 a.m. and 2:50
p.m., if needed. And those are all the changes I have, Mr. Chairman.
CHAIRMAN HENNING: Thank you.
County Attorney, any words of wisdom?
MR. KLATZKOW: No words of wisdom and no changes either.
CHAIRMAN HENNING: Okay, let's start with Ex Parte
Communication on today's agenda, and any changes, further changes
to today's agenda. Starting with Commissioner Nance.
COMMISSIONER NANCE: Mr. Chairman, I have had meetings
on consent agenda Item 16.A, Maple Ridge, and I have read the staff
report on the summary agenda on the Roberts Estate PUD. No other
disclosures and no changes.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: No disclosures, no changes.
CHAIRMAN HENNING: On the consent I have disclosures on
16.A.3. I received the application. On 17.A I received staffs report.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, on the Consent Agenda I have
received a couple emails on 16.A.3.
On the summary agenda, 17.A, I had -- I had a staff report.
That's the -- that's the Roberts Estate PUD.
And that's it for me.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: The only ex parte disclosure I have
is referenced to summary agenda 17.A, and I have read the staff
report. And I have no further changes to the agenda.
CHAIRMAN HENNING: I'll entertain a motion to accept
today's regular consent and summary agenda as amended.
COMMISSIONER FIALA: So moved.
COMMISSIONER NANCE: Second, Mr. Chairman.
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January 28, 2014
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Nance.
All in the favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
Page 5
Proposed Agenda Changes
Board of County Commissioners Meeting
January 28,2014
Continue Item 11E to the February 11,2014 BCC Meeting: Recommendation to approve the
Purchasing Manual; authorize the use of a County Attorney approved standard purchase order
delegated to the County Manager and executed by the Purchasing Director for the general
procurement of goods and services; and,delegate the signature authority to the County Manager
and executed by the Purchasing Director for County Attorney approved non-standard vendor
agreements for goods and services up to$50,000 and approved annual cooperative contracts
[Section 1813] which are reported and approved per Section Seven of the Purchasing Ordinance.
(Commissioner Hiller's request)
Continue Item 16D5 to the February 11,2014 BCC Meeting: Recommendation to approve a
Resolution superseding Resolution No.2013-28 establishing New Bike Locker Rental Fees,Policies and
Procedures at the Collier Area Transit Intermodal Transfer Facility located at the Government Center.
(Staffs request)
Time Certain Items:
Item 11B to be heard at 10:00 a.m.
Item 11C to be heard at 11:00 a.m.
Note:
Item 9A: Letters of Objection to the Pelican Lake petition were inadvertently omitted from
the printed agenda packet. Copies have been supplied to the Commission members,as well as the
County Attorney and the Minutes and Records Department,with copies also included on the on-
line version of the agenda packet. (Staffs request)
1/28/2014 8:33 AM
January 28, 2014
Item #2B
MINUTES FROM DECEMBER 3, 2013 — BCC/ECONOMIC
DEVELOPMENT FR RURAL AREAS IN THE COUNTY/SPORTS
MARKETING AND EVENT PROMOTION WORKSHOP —
APPROVED AS PRESENTED
MR. OCHS: Item 2.B is approval of the Board of County
Commissioners workshop meeting of December 3rd, 2013.
COMMISSIONER NANCE: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Nance,
second by Commissioner Fiala. All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We'll go to proclamations?
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
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January 28, 2014
PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY
OF DEL'S 24 HOUR FOOD STORE. ACCEPTED BY DEL
ACKERMAN — ADOPTED
MR. OCHS: Yes, sir, Item 4.A is a Proclamation recognizing the
50th Anniversary of Del's 24-Hour Food Store. To be accepted by
Del Ackerman. This item is sponsored by Commissioner Fiala.
Would you please step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: Del, thank you for all of your
services to the community.
MR. ACKERMAN: I'd like to thank all of you too for the
support that you've given us the last 50 years. When I came here in
'64, there was only 5,000 people.
I'd like to thank all my customers. I'd like to thank the county.
I'd like to thank my friends. You know, the President says he helped
me build the business. No, my girls did. And they're both in heaven
right now. So God bless the U.S.A.
And I'd like to thank my assistant, Noreen Jackowitz. She kept
me going for the last eight years through the tragedy. Brian Sanders,
some days my legs get a little rusty and he makes sure I'm on time.
It's only in the U.S.A. God bless America and thank you very much.
(Applause.)
CHAIRMAN HENNING: Next proclamation?
Item #4B
PROCLAMATION DESIGNATING FEBRUARY 13, 2014 AS
MACEDONIA MISSIONARY BAPTIST CHURCH DAY IN
HONOR OF ITS 85TH ANNIVERSARY. ACCEPTED BY
REVEREND LONNIE E. MILLS, BETTY ADKINS, IRENE
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January 28, 2014
WILLIAMS, SYLVESTER COTTON, TANGIE BURNS AND
VONCILE WHITAKER — ADOPTED
MR. OCHS: Item 4.B is a Proclamation designating February
13th, 2014 as Macedonia Missionary Baptist Church Day, in honor of
its 85th Anniversary. To be accepted by Reverend Lonnie E. Mills,
Betty Adkins, Irene Williams, Sylvester Cotton, Tangie Burns,
Voncile Whitaker. This item is sponsored by the entire Board of
County Commissioners.
(Applause.)
MS. WILLIAMS: I'm Irene Williams, Chairperson of this Soul
Food Gala that we're giving to restore Macedonia kind of back into the
farm that it was 85 years ago.
We started as the oldest black church in Naples. We started what
some of you may know as the Ditch Bank, which now is Port Royal,
and we moved up to Tenth Street. They kicked us out. But anyway,
we want to make it back nice again. And I thank you for taking part
today in helping us to do that.
Reverend Mills?
REVEREND MILLS: Thank you so very kindly. I'm the pastor
of Macedonia Missionary Baptist Church, Reverend Lonnie Mills, and
we too would like to say thank you so very kindly, and may God's
blessings continue to be upon you. And we want to work in this
community and this county to help make Collier what it should be.
Thank you.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING BUILDING HOMES FOR
HEROES FOR ITS GENEROUS DONATION OF A MORTGAGE
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January 28, 2014
FREE HOME TO ARMY SERGEANT BRENT HERNANDEZ IN
HONOR OF HIS SERVICE TO OUR NATION. ACCEPTED BY
KIM VALDYKE, SGT. BRENT HERNANDEZ AND KATHI
KILBURN — ADOPTED
MR. OCHS: Item 4.0 is a Proclamation recognizing Building
Homes for Heros for its general donation of a mortgage free home to
Army Sergeant Brent Hernandez in honor of his service to our nation.
To be accepted by Kim Valdyke, Sergeant Brent Hernandez and
Kathi Kilburn. This item is sponsored by Commissioner Hiller.
Would you please step forward.
(Applause.)
COMMISSIONER HILLER: Before the Board presents this
proclamation, I just wanted to very quickly read about Sergeant
Hernandez and his service.
Sergeant Hernandez was severely wounded in Afghanistan 13
days into his deployment when his aircraft crashed, leaving him with
critical internal injuries, a traumatic brain injury and posttraumatic
stress disorder.
And during his service he received the Army Achievement
medal, Good Conduct medal twice, National Defense Service Ribbon,
Global Warrant on Terrorism ribbon, Army Service ribbon, Army
Ranger Tab, Combat Infantry Badge and Army Parachutist Badge.
Congratulations.
(Applause.)
COMMISSIONER HILLER: Would you like to say a few
words?
MS. VALDYKE: On behalf of Building Homes for Heros, I
would like to thank Georgia Hiller for her support and the entire
county for their support in the renovation of Brent's home.
The community came forward and donated 67 percent of the cost
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January 28, 2014
of the home to helping getting it refurbished for him and his family.
And we really appreciate it.
And we hope to be doing another home here soon, because you
all have an awesome community and great support for us. Thank you.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Thank you.
SERGEANT HERNANDEZ: I just want to thank Commissioner
Hiller and the entire City of Naples for accepting me and my family
here. It's been a pleasure, and I'm excited to live the rest of my life
here.
COMMISSIONER HILLER: Well, we're honored to have you.
(Applause.)
MR. OCHS: Mr. Chairman, before you move to the next
proclamation, Mr. Ackerman asked if he could get a photo with his
associates and the Board.
CHAIRMAN HENNING: Absolutely.
MR. OCHS: If we could do that now, it would be great.
MR. ACKERMAN: Thank you. I didn't understand her.
Item #4D
PROCLAMATION RECOGNIZING THE BIG CYPRESS BASIN
OFFICE OF THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT AND COUNTY STAFF FOR THEIR OUTSTANDING
TEAMWORK AND COOPERATION TO REDUCE FLOODING
FOR COLLIER COUNTY RESIDENTS DURING THE SUMMER
OF 2013. ACCEPTED BY RICK BARBER, CHAIRMAN, BIG
CYPRESS BASIN BOARD; LISA KOEHLER,
ADMINISTRATOR, BIG CYPRESS BASIN; CHRIS DOHERTY,
FIELD STATION SUPERVISOR, BIG CYPRESS BASIN; NICK
CASALANGUIDA, ADMINISTRATOR, GROWTH
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January 28, 2014
MANAGEMENT DIVISION; GERALD KURTZ, SURFACE
WATER AND ENVIRONMENTAL PLANNING; JOHN VLIET,
DIRECTOR, ROAD MAINTENANCE; AND TRAVIS GOSSARD,
SUPERINTENDENT, ROAD MAINTENANCE — ADOPTED
MR. OCHS: Item 4.D is a Proclamation recognizing the Big
Cypress Basin Office of the South Florida Water Management District
and County Staff for their outstanding team work and cooperation to
reduce flooding for Collier County residents during the summer of
2013.
To be accepted by Rick Barber, Chairman, Big Cypress Basin
Board; Lisa Koehler, Administrator, Big Cypress Basin; Chris
Doherty, Field Station Supervisor, Big Cypress Basin; Nick
Casalanguida, Administrator, Growth Management Division; Jerry
Kurtz, Surface Water Environmental Planning; John Vliet, Director of
Road Maintenance; and Travis Gossard, Superintendent, Road
Maintenance.
And this item is sponsored by Commissioner Nance.
If you'd all please step forward and be recognized.
(Applause.)
COMMISSIONER NANCE: I think everybody realizes -- Mr.
Barber, why don't you take this, sir. You can share this.
I think everybody realizes what tremendous stress we had this
past rainy season in Collier County. And, you know, being a low
lying area and the center of the Big Cypress swamp and the western
Everglades it caused a tremendous amount of work.
And ladies and gentlemen, the staff and administrators for these
agencies made it possible for us to do journeyman's work on meeting
the needs of the public. And what a wonderful spirit of cooperation
we have now. And they certainly deserve all of our thanks for the
work that they did to mediate this problem.
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January 28, 2014
So it's my pleasure to thank each and every one of them, the
complete staffs and everybody that works with them for a job well
done.
(Applause.)
CHAIRMAN HENNING: Mr. Barber, I want to invite you to
our -- one of our workshops. Next month the first Tuesday at 1 :00
p.m. we're having a workshop. Part of the workshop is about
Stormwater Management. So we hope that you can attend that.
MR. BARBER: I'd be glad to.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: It will be a lot of fun. Just saying.
CHAIRMAN HENNING: Entertain a motion to accept today's
proclamations as read, or as delivered.
COMMISSIONER HILLER: Motion to accept proclamations as
presented.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Now we'll go to Service Awards.
Item #5A
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January 28, 2014
RECOGNIZING COREY FORD, TECHNICAL SUPPORT
PROFESSIONAL, SR., AS THE EMPLOYEE OF THE YEAR FOR
2013 — RECOGNIZED
MR. OCHS: You have presentations this morning, Mr.
Chairman. Under Item 5.A, it's a recommendation to recognize Corey
Ford, Technical Support Professional, as the Employee of the Year for
2013.
Corey, if you'd please come forward.
(Applause.)
MR. OCHS: Commissioners, while Corey's getting his picture
taken, I'll tell you a few things about what he's done to deserve this
award.
Each year one employee among the honored during the year as
Employee of the Month is selected by a committee for special
recognition as the Employee of the Year.
Corey is this year's honoree. He's been with the county for more
than 10 years, works for the Planning and Project Management
Department in our Public Utilities Division.
In his work as a technical support professional, he provides
technical insight and guidance to all of our project managers in public
utilities. And he's gone beyond that to become a subject matter expert
to other divisions and departments across the county, always willing to
reach out. He's dedicated, engaged and highly accountable, eager to
provide support to any and all that ask.
He's held in high regard by his peers and upper management.
He's known to provide excellent service to both his internal and
external customers, and is the epitome of team player working, as I
said, across divisions for the benefits of our citizens and our
customers. He's very deserving of this recognition, and it's an honor
for me to present Corey Ford as your Employer of the Year for 2013.
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January 28, 2014
Congratulations, Cory.
(Applause.)
MR. FORD: Hi, I'm Corey Ford. I'm with Public Utilities.
I just want to say that I've been working for the county for over
10 years now, and it's been really great to have the opportunity to kind
of play in that environment. There's a lot of great technology we're
using. And my background is very much just a tech curiosity sort of
thing. I love playing with new toys and new gadgets. It's been a
wonderful environment to kind of learn and grow myself as well as
share those skills and knowledge that I've learned with anybody else
who's willing to listen and is interested.
We have a great team. Everybody works really hard to get the
projects done, get water flowing, pumps are pumping, everything is
doing its job, and I'm really proud to be a part of that.
So thank you, everybody, it's a great honor. I appreciate it.
(Applause.)
Item #10A
RESOLUTION 2014-26: APPOINTING LES BEHNE (2 YEAR
TERM), KATHLEEN C. BRUNS (3 YEAR TERM), SUSAN K.
CRAIN (2 YEAR TERM), ABBE R. DROSSNER (3 YEAR TERM)
AND MICHAEL PIERPAOLI (1 YEAR TERM) TO THE LA
PENINSULA MSBU ADVISORY BOARD — ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 10 on your
agenda this morning, Board of County Commissioners. Item 10.A is
appointment of members to the La Peninsula MSBU Advisory Board.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you so much. I've
studied all of these backgrounds and so forth, and I would like to
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January 28, 2014
nominate Les Behne -- I hope I didn't slaughter his name any -- and
Kathleen Bruns, Susan Crain, Abbe Drossner, and Michael Pierpaoli.
Sorry if I massacred everybody's names.
CHAIRMAN HENNING: And are these staggered terms? Two
terms will expire in two years, two terms will expire in three years.
And, let's see, what is --
COMMISSIONER FIALA: One term expires in one year.
CHAIRMAN HENNING: One year.
Can you give us the order on how you want the terms?
COMMISSIONER FIALA: Okay, fine. I'm sorry, because I'm
going to slaughter names again.
Michael Pierpaoli would be the one year. Susan Crain and Les
Behne would be the two-year, and Kathleen Bruns and Abbe Drossner
would be three years.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: I hope that's okay with everybody.
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: Thank you.
MR. MILLER: Mr. Chairman, I do have five registered public
speakers for this item.
CHAIRMAN HENNING: Okay, great, thank you.
MR. MILLER: Your first speaker is Anthony Pires. He'll be
followed by Kathleen Bruns.
I don't see Mr. Pires.
Ms. Bruns?
She'll be followed by Jim Crain.
CHAIRMAN HENNING: Okay, this is about the appointment to
the MSBU Board. So if you could address us on this item, we would
appreciate it.
MS. BRUNS: I'd just like to thank you for moving to seat the
advisory board for La Peninsula's MSBU. I think we all look forward
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January 28, 2014
to meeting with the community and look forward to working with the
BCC. We appreciate your help. It's been a pleasure and a privilege to
know you and to work with you all. Thank you.
MR. MILLER: Your next speaker is Jim Crain. He'll be
followed by James Gault.
MR. CRAIN: Good morning. I'm Jim Crain, a 19-year resident
of La Peninsula.
I would like for you all to please let the advisory board be seated.
Our community is anxious to move forward with this process. We
believe we have met all the legal qualifications necessary to proceed.
Thank you very much.
MR. MILLER: Your next speaker is James Gault. He'll be
followed by your final speaker, Abbe Drossner.
MR. GAULT: Good morning, Mr. Chairman. Good morning,
fellow Commissioners.
I wanted to thank you for taking this item under consideration
and say that we've been working on this in La Peninsula for a long
time. And we've been on the one yard line for the last few months.
I'm just asking that you move the plan forward and seat the board
today. Thank you for your time.
MR. MILLER: Your final speaker is Abbe Drossner.
MS. DROSSNER: Hi. I just wanted to thank all of you for
seating the advisory board. We're looking forward to moving forward
with this. Thank you very much.
CHAIRMAN HENNING: Okay, there's a motion by
Commissioner Fiala, second by Commissioner Coyle.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
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January 28, 2014
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #10B
RESOLUTION 2014-27: RE-APPOINTING ANTHONY MARINO
TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD —
ADOPTED
MR. OCHS: Item 10.B is appointment of member to the Collier
County Code Enforcement Board.
COMMISSIONER COYLE: I would like to nominate Anthony
Marino.
COMMISSIONER FIALA: Second that.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Fiala to appoint Tony Marino -- Anthony
Marino. Actually it's a reappointment.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Next item?
Item #11A
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January 28, 2014
OPTIONS FOR IMPROVED EMS RESPONSE TIMES
THROUGHOUT COLLIER COUNTY - MOTION TO ACCEPT
THE PROPOSAL FOR THE SHORT TERM CHANGES AS
PRESENTED IN ATTACHMENT #4 AND STAFF CONTINUE TO
REFINE A COMPREHENSIVE LONG TERM LOGISTICS PLAN
AND HAVE THE PSA REVIEW TO GIVE CRITICAL
FEEDBACK AND FOLLOW UP ON HOW TO ENHANCE
IMPROVEMENTS — APPROVED
MR. OCHS: Yes, sir, that takes us to Item 11 this morning, Mr.
Chairman, County Manager report?
Item 11 .A is a recommendation to consider options for improved
EMS response times throughout Collier County. And Chief Walter
Kopka from EMS will make the presentation.
As he's setting up, Commissioners, I'll just remind the Board and
the audience that at the last meeting the Commission directed staff to
evaluate some options to improve our response time for our ALS
service throughout the county, and this is our response to that
directive. It essentially accelerates some of the staffing and
operational components of your recently adopted AUIR for your EMS
operation. And Chief Kopka will take you through the details of the
plan.
CHIEF KOPKA: Good morning, Commissioners, Mr. Chair.
For the record, Walter Kopka, Chief of your Emergency Medical
Services Department. Appreciate the opportunity to present these
options to you today.
As you know, it was originally scheduled for February. It's an
important issue to us. Staff worked hard to get this together and get it
in front of you as soon as we possibly could.
Couple things we're going to do today. One is to look at a couple
isolated zones that have been challenging to us in our AUIR review
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January 28, 2014
that we do annually.
The second is to explore options to become a standard
eight-minute response in the rural district as well. So we're going to
look at both of those options today.
I think it's important to note, although we do have isolated zones
that don't meet our level of service standard, countywide we do.
Countywide we have an eight-minute travel time 90 percent of the
time. And currently for the rural district that 12-minute travel time is
met 89 percent of the time. And our goal there as you know is 90
percent. So we're within one percentage point of that.
As I mentioned, we do have an isolated zone in East Naples we're
going to address. North Naples as well. We're going to talk about a
seasonal ambulance for Marco Island and then address the rural
eastern part of the county.
This option involves three different moves of ambulances. And
I'll show you a map in just a minute of why we're doing this.
But part of this option is to move one of the two ambulances
which is located in downtown Naples, Eighth Avenue South in
downtown Naples, to 26th Avenue North. And the reason for that is
simply numbers. There are about 600 more calls in the -- we'll call
zone two or the northern part of the city than there is downtown
Naples. And although we far exceed our level of service in the City of
Naples, we're on scene 97 percent of the time eight minutes or less,
that ambulance would be better served to be stationed at the north end
of the city. And we've discussed that. I've had discussions with Chief
McInerney in reference to that and we need to make some station
renovations to do that, but that's part of this option.
CHAIRMAN HENNING: Chief, before you continue on,
Commissioner Hiller has a question.
COMMISSIONER HILLER: Thank you.
Was this presented to the Public Safety Advisory Board?
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January 28, 2014
CHIEF KOPKA: No, ma'am.
COMMISSIONER HILLER: Shouldn't that be done first before
it's brought forward?
CHIEF KOPKA: That's certainly an option that we can discuss.
COMMISSIONER HILLER: I would like to suggest that that
happen first before we have this presentation today.
CHAIRMAN HENNING: I'm satisfied with that, Commissioner.
COMMISSIONER FIALA: May I just ask a question? Because
Marco right now is experiencing a high demand and this ambulance
for the Marco area was supposed to begin on February 1, if we
delayed it to another meeting it would delay also the service that they
need. And soon the season will be over.
Is there a way for us to at least accommodate them? I think it's
really important to all these areas, quite frankly, that we don't delay it
any longer.
COMMISSIONER HILLER: Well, I have some concerns about
some of the proposals in here. Some of the considerations make sense,
some of them don't. Like, for example, you know, adding transport to
north -- or buying an ambulance, as I understand, for North Naples, I
mean, I'm not quite sure why we would be doing that.
I don't understand, for example, why we would be hiring more
paramedics to service Chief Greenberg's area when she's got
paramedics on staff that merely have to be ALS certified to improve
the level of service.
I mean, it seems to me that, you know, if there are immediate
actions, like for example what Commissioner Fiala is recommending,
that make sense to do right now without an expenditure of funds, we
should go ahead and get it done, I agree with that.
But like, for example, you know, I don't see why we would be
buying an ambulance for North Naples when the problem is out in the
Estates. And North Naples could go ahead and buy their own
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January 28, 2014
ambulance and do transport.
CHAIRMAN HENNING: Are we going to wait to get the advice
from the Public Service Advisory -- the authority, or are we going to
hear this item? I think that was a question.
CHIEF KOPKA: My direction was to bring it back to the Board
the first meeting in February. Staff worked hard to get it back to you
sooner.
I can address all those questions that you have, Commissioner
Hiller. I think as long as I --
CHAIRMAN HENNING: But first we need an answer to the
question: Is it the wishes of the majority of the Board to continue this
to get the advice of the Advisory Commission.
Commissioner Coyle?
COMMISSIONER COYLE: I think it was very clear that the
Board issued guidance to the county staff to come back with a report.
I don't think it's appropriate to delay any longer taking these actions.
And secondly, I think the PSA is mostly an ineffective and
unreliable force and organization to make these kinds of
determinations and it would be a waste of time, in my opinion.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: I'm still concerned with the areas
that need it most.
CHAIRMAN HENNING: I know. Do you want to hear this
now or do you want to delay it and get some input from the Advisory
Board?
COMMISSIONER FIALA: I'd like to hear it right now.
CHAIRMAN HENNING: Okay, commissioner Nance?
COMMISSIONER NANCE: I would like to hear the proposals
of EMS and staff at this time so at least the public is aware of what
discussion items are up. If it's decided by the majority of the Board
that the PSA should review it, certainly the public should be aware of
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January 28, 2014
what's being reviewed and what is under discussion. So I'm in favor of
hearing the Chiefs presentation at this time and having some
reasonable discussion about it.
COMMISSIONER HILLER: I have no problem hearing it. But
I think it needs to go back to the PSA. You know, we can maybe pick
a few limited items like the one Commissioner Fiala has
recommended as being important and something that could be done
immediately without any cost. That makes absolute sense.
And with respect to the other items, I think that should be
reviewed by the PSA and then brought back.
CHAIRMAN HENNING: Okay, so we're going to continue this
item. There's a majority that wants to hear this and make decisions or
recommendation to the county staff.
CHIEF KOPKA: Thank you, sir.
The second part of this is to relocate the ambulance that's at our
EMS Station 24, Airport Road, just north of Golden Gate Parkway, to
the East Naples Fire Station on Davis Boulevard. I've had
conversations with Chief Schultz about this item, and they would
welcome that relocation of the ambulance.
And then to relocate one of the two ambulances on Santa Barbara
EMS Station to Physicians Regional on Collier Boulevard. And
again, we've had conversations with Collier Boulevard to lease space
there. We've reviewed it and that is a good option for us.
The map here may look a little bit busy, but I'll explain each one
as we go through.
Currently we have two ambulances in downtown Naples. There's
about 1,500 calls in that zone in downtown Naples, and there are
about 2,200 calls in the north end of the city. So relocating one of the
those ambulances puts it in a zone that's a busier zone closer to the call
volume makes perfect sense to us. Needs some station renovations
which we're working with the city on to accommodate that additional
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January 28, 2014
ambulance, but that's a very feasible option for us.
The second down arrow there represents moving the ambulance
from EMS Station 24 to Davis Boulevard. The Zone 75 on Davis
Boulevard, they are one of our busiest zones. They respond to about
3,200 calls a year, top two, top three busy zones we have in the entire
county. So again, moving an ambulance to a busier zone closer to a
call volume is very important to us.
And then lastly, we have two ambulances on that Santa
Barbara/Davis Boulevard Station, and to move one of those to East
Naples, Zone 23, which has been a deficit in the AUIR for the past
couple of years.
This map shows calls in which it took EMS greater than eight
minutes to travel to those calls. The darker -- the blue means --
represents more times that we had a greater than eight-minute
response. So if you look at that Davis Boulevard proposed one
ambulance, that puts it right in the middle of an area where it's taken
us longer than eight minutes to travel to those calls.
And on the lower right side where you see proposed one
ambulance, that's that Collier Boulevard area. Moving one ambulance
to that call volume is very important to us.
So those three moves would all need to be done concurrently to
achieve a better response for the East Naples area. Again, that Zone
23, putting the ambulance in the areas where the calls occur is what is
exactly needed.
COMMISSIONER FIALA: None of them cost any money?
Excuse me.
CHIEF KOPKA: Yes, ma'am. Yeah, there is a cost for lease at
Collier Boulevard. And I believe for this six-month time period it was
about $8,000.
MR. OCHS: You might want to mention also the interlocal
agreement that's underway with East Naples.
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January 28, 2014
CHIEF KOPKA: Yes. Thank you, sir.
And that is in place and expected to start April 1st as well. It's an
Interlocal Agreement with East Naples Fire District to do an ALS
engine SWAP program. And there will be ALS engines in East
Naples, more importantly in Zone 23, at the lower part of that map
where you see Zone 23 in that star.
Even with an ambulance there for concurrent calls, there's still a
number of calls that we can't meet that eight-minute travel time. So
having that an ALS engine there for those concurrent calls is
important to us and will provide improvement in those response times.
Okay, moving on to North Naples options. Add an additional
ambulance to North Naples Vanderbilt Beach Road Station as a
temporary location. The North Naples area is our busiest area:
Vanderbilt Beach Road area, Pelican Bay, Naples Park. Our busiest
zone throughout the entire county. We currently have one ambulance
there and one seasonal ambulance.
And this area becomes a domino effect. When Zone 42 or North
Naples zones get busy, ambulances are pulled in many different
directions at many different times to cover those calls. So adding
another resource to that North Naples area will improve response
times throughout North Naples area.
We have land to build, as an option, to build a station on
Immokalee Road and Collier Boulevard. And we also have land at
Vanderbilt and Logan, and that land is slated to build a station FY
2015.
We have a longer term option here as I mentioned for Collier
Boulevard and Immokalee or to explore the possibility of Golden Gate
Station 73 as a long-term option for that area. That area is growing
tremendously. Thousands of units going up in that Immokalee Road
Corridor, Collier Boulevard Corridor. That's going to be a busy area
for us in the not too distant future.
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January 28, 2014
And this addition would also not only impact North Naples but
this area will impact Golden Gate Estates as well as Big Corkscrew.
I'll show you here.
If you can picture the middle line here, you'll see a label there,
says Immokalee Road, I-75 north and south, and then Collier
Boulevard where proposed EMS Station FY 19, that's Collier
Boulevard, ending at Immokalee Road, and again a heat map showing
the proposed EMS Station in FY 15.
You'll see where that ambulance will impact many calls in that
North Naples area along Vanderbilt Beach Road and just north of that
and Logan Boulevard. And I have a label there of where the Big
Corkscrew zone starts as well.
So a long-term option, to add a station to the Collier
Boulevard/Immokalee Road area will not only impact North Naples,
but it will impact Big Corkscrew as well, and Golden Gate Estates.
Marco Island, we made an operational change effective the 15th
of this month. And what that operational change does is it moves the
Isles of Capri ambulance to Marco when the Marco ambulance gets a
call. That will improve response times for are concurrent calls on
Marco Island.
And that is a temporary fix. That is somewhat of a Band Aid,
because we're robbing Peter to pay Paul at times. But there are about
200 calls annually on Isles of Capri and there are about 2,000 calls a
year on Marco Island. So operationally it does make sense to move
that apparatus from Isles of Capri to Marco Island when they get busy
to cover that concurrent call. The odds are the call will occur on
Marco, so we're better off to move them there when that Marco
ambulance gets busy.
We still do have an ALS resource on Isles of Capri for that call
that does occur on Isles of Capri, and that engine will remain there.
We don't have plans to change it out.
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January 28, 2014
The other change for Marco Island is effective the 1st, which is
Saturday, if approved by the Board today, is to add a seasonal
ambulance 12 hours a day, seven days a week through the month of
April, the next few months.
The majority of calls on Marco are during the day. If I remember
correctly, 43 percent of their calls -- I'm sorry, I don't remember the
number off the top of my head, but a high percent of calls are during
the day and that seasonal ambulance will impact the majority of calls
that occur on Marco. So that would be a big improvement to response
time for Marco Island.
And currently it does keep that Isles of Capri ambulance in their
station more often for calls that occur in Isles of Capri as well.
Okay, moving on to the rural district, Big Corkscrew options.
We have an option here to provide a Collier County EMS Paramedic/
Firefighter to Big Corkscrew Island Engine 10, or one of their
apparatus.
At a local Golden Gate Estates Civic Association Meeting Chief
Greenberg asked if that was an option for them, and she replied that it
was, that they were open to options. And we think that's a good option
for us as well.
And then also to relocate one of our battalion chiefs to Big
Corkscrew Station 10 on -- I'm sorry, Station 12, which is at
Immokalee Road and Everglades Boulevard, a very rural part of the
district. And again add another ALS resource to that area.
I have spoke to Chief Greenberg about that. I think we're trying
to work up some logistical options if that's feasible or not, but I think
we're moving in the right direction to add another resource to that Big
Corkscrew area.
This is a map of Big Corkscrew and the options that we're
discussing. The very top is Everglades and Immokalee Road, to add
that EMS Battalion Chief to that area. You'll see where we currently
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January 28, 2014
have an EMS Ambulance at Medic 10. And the lower part of the map
is where we propose to put an EMS Firefighter/Paramedic to one of
the Big Corkscrew apparatus, if that's good for them as well.
The Immokalee option, Currently we have two ambulances
located on South First Street in Immokalee. Again, a very busy zone
for us. And having two ambulances in that zone is definitely needed.
We're looking at relocating one of those ambulances to the Immokalee
Fire Department Carson Road Station, which is off of Lake Trafford.
I spoke to Chief Anderson about that. Again, some station
renovations will need to be made to accommodate that ambulance and
that crew, but certainly a possible doable option.
And again, a heat map showing where the calls are that occur that
EMS doesn't get to in eight minutes travel time. The proposed
relocation is to put them right in the middle of where those calls occur
and then to keep one ambulance in the South First Street station.
Ave Maria Ambulance, very big zone. Although Ave Maria itself
is fairly close together, the zone itself is fairly rural and a low amount
of calls. I believe it's our slowest station throughout the entire county.
But 12 percent of their calls are run in Big Corkscrew zone. So
adding EMS resources to the Big Corkscrew will provide obviously
quicker response in Big Corkscrew and possibly leaving that
ambulance in Ave Maria to take more calls in their zone and prevent
that pulling effect or domino effect we have when concurrent calls
drop in bordering zones.
Ochopee, Everglades City, again, 63 mile marker is under
construction and is expected to be done sometime later this year. An
EMS Paramedic/Firefighter will staff the apparatus in the 63 mile
marker station. Funding is still pending for the operations of that.
The building is being built. Funding has not been set or approved as
of yet, but we're still working toward that project.
Port of the Isles remains an ALS engine. We don't have any plans
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January 28, 2014
to change that apparatus. And that is staffed with an EMS
Firefighter/Paramedic.
Golden Gate Estates and backup for Big Corkscrew, to add a
quick response paramedic to EMS Station 75 -- or 71 on Golden Gate
Boulevard, and then to replace that paramedic with an ambulance and
crew FY 2015, and explore the possibility of a collocated station in --
on Everglades Boulevard or possibly Big Corkscrew. We have
several options there that we can look at to add another resource to
that Big Corkscrew/Golden Gate Estates area.
This map here shows Golden Gate Boulevard is the east-west
middle line here. And then Everglades Boulevard north-south right in
the middle of that red circle. That red circle represents four miles, and
we are comfortable we can get to most of those areas in eight minutes
or less travel time.
We're showing you where that current station is located on
Golden Gate Boulevard, the left part of your screen. And then where
we would possibly propose a collocated station with Golden Gate or
the Sheriffs office. Big Corkscrew has also expressed the possibility
of a collocated station in their area.
But what I wanted to show here, the top half of your map, the
pinkish area is Big Corkscrew. And an ambulance and resource
located in this area will only not impact Golden Gate Estates area but
also Big Corkscrew area as well.
CHAIRMAN HENNING: Okay, thank you.
Commissioner -- first Commissioner Hiller has questions,
Commissioner Nance and then Commissioner Coyle.
COMMISSIONER HILLER: Thank you.
To begin, you addressed the East Naples interlocal agreement.
We're not approving any interlocal agreements with anybody today; is
that correct?
CHIEF KOPKA: Correct. That agreement's already been
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January 28, 2014
approved and the program is slated to start April 1st.
COMMISSIONER HILLER: And I actually have a concern
about that interlocal agreement and I just wanted to make sure that
nothing in that agreement was being addressed here today.
I don't understand how we can have an interlocal agreement with
an independent fire district to give them the authority to provide ALS
service under our COPCN. I don't understand why they don't have
their own COPCN and why they're not assuming independent liability
for acts under their own Medical Director and that COPCN.
And I don't want to discuss it here now, but I want the County
Attorney to come back with an explanation as to why we are assuming
that liability when it's the independent district's liabilities. I think
every district should have their own COPCN and their own Medical
Director. If they want to hire Tober, they can do that, but this is a big
concern to me.
The second issue that I'd like to address is what you were
proposing for North Naples. You're essentially proposing adding an
additional ambulance. What is the cost of that?
CHIEF KOPKA: Well, the ambulance itself is about $250,000.
And crew is about 440 a year.
COMMISSIONER HILLER: So what we're talking about as an
initial outlay is close to 700,000. And on top of that a recurring cost
of an additional 440,000.
We are short funded. We are subsidizing EMS from the general
fund. We don't have the funds to do this. Why are we not allowing
North Naples to do this at their expense? They have, you know, a
very strong financial position. I don't understand why we are doing
this and not them.
So I couldn't support that at this time. I think this needs to go
back to the PSA. This needs to be vetted. And the decision to add an
ambulance and that much staffing at that cost by the county as
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January 28, 2014
opposed to North Naples needs to be reviewed.
The next issue with respect to North Naples is the substation. I
do understand that we have a piece of property that we are intending
to codevelop.
Leo, aren't we intending to develop that with the Sheriffs Office
and North Naples Fire and EMS? Is that the substation you're
referring to, you know, in your proposal about developing a
substation?
MR. OCHS: No, ma'am --
COMMISSIONER HILLER: Which one?
MR. OCHS: The Board owns property, as the Chief said, on the
corner of Vanderbilt Beach Road and Logan Boulevard, and they've
owned it for some time and it's designed to be an EMS station.
COMMISSIONER HILLER: But I thought we had a piece by
Collier by 951, and is it Immokalee?
MR. OCHS: You're correct. Yes, ma'am. We also have a piece
there that the Board owns that was designated for an emergency
services station.
COMMISSIONER HILLER: So why wouldn't we develop that?
Because that would seem to me to service both, you know, the eastern
as well as the western part. It seems to be more suited to a wider span
of service than the one you're talking about. And I'm not sure why
we're not developing that in conjunction with fire and the Sheriffs
Office as contemplated.
MR. OCHS: Yes, ma'am. I think we're suggesting that you need
both. That's what your AUIR said. And as the Chief mentioned -- and
I'll try to put this up real quickly -- these are the response times in all
of the individual EMS zones that's contained in your recently adopted
AUIR.
You can see zones 42 and 43. Those are areas that are falling
below the eight-minute response time 90 percent of the time. And in
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January 28, 2014
order to improve response in those two zones, we need another
transport unit in that area of Vanderbilt and Logan to move that
response time into the 90 percentage range.
COMMISSIONER HILLER: Well, it just would seem to me it
would make more sense to have North Naples Fire do it since we are
short-funded. I mean, there is no reason for us to do it.
And the other issue is North Naples has a piece of land, if I
remember correctly, close to Gulf Coast High School. Why not let
them develop a station there and maybe collocate or partner with them
than building two separate buildings, if there is in fact a need to have a
station closer to Logan as well as have one by 951?
I mean, I think these are discussion points that need to be
addressed with the independent fire district, and it should not be
decided at this point. I don't think it's appropriate to come to a
conclusion on those items when like I said you've got a partner who's
financially stronger than us and who could more readily afford to pay
than we could. And then we could, if we do have excess funds, which
I don't believe we have, you know, allocate those funds to areas of
higher need like Eastern Collier.
The last thing that I'd like to address is Big Corkscrew. I am not
clear based on your presentation how many additional people you are
looking to hire to supplement services to that area. Can you clarify
that and tell me the cost on that?
CHIEF KOPKA: Sure. It is 12 FTEs through FY 15. An
additional 15 FTTs through FY 23.
MR. OCHS: Just for Corkscrew.
COMMISSIONER HILLER: How many --
CHIEF KOPKA: I'm sorry.
COMMISSIONER NANCE: That's the total, correct, sir?
COMMISSIONER HILLER: So the total that you're proposing
with what you're presenting here today is 12 FTEs through fiscal year
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January 28, 2014
'15 and then how many more through --
CHIEF KOPKA: 15 through FY 23.
COMMISSIONER HILLER: An additional 15?
CHIEF KOPKA: I'm sorry, through 2023.
COMMISSIONER HILLER: And what is the -- again, let's go
over the annual cost here.
CHIEF KOPKA: I'm sorry, get back to your first question, it's
three FTE's for Big Corkscrew.
COMMISSIONER HILLER: I mean, again, I think we're taking
an incorrect approach. Because the whole point is to bolster ALS
services, and we've already got the paramedics that are part of these
fire districts. Getting them ALS certified to be able to provide that
higher level of service instead of adding more people would seem to
make a lot more sense. Again, you know, we don't have the funding.
We're short as it is.
CHAIRMAN HENNING: I think you need to take under
consideration the presentation. We're removing staff.
COMMISSIONER HILLER: But they're not moving, they're
adding.
CHIEF KOPKA: It's a combination of both, sir.
COMMISSIONER HILLER: But this is all adding. This is --
the total we're proposing here of 15 total is in addition, not shifting.
I'm not talking about shifting staff, I'm talking about increasing our
staffing.
CHIEF KOPKA: Correct.
MR. OCHS: That is consistent with your AUIR that you adopted
in December of last year. And again, while we do value the
partnerships with the fire districts, they are non-transport ALS
assistance, and we still need to have a transport unit to get to the scene
in a reasonable period of time.
COMMISSIONER HILLER: And you make an excellent point.
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January 28, 2014
So the issue then is why aren't they transport? Because again, we
don't have the funds. And if they have the funds, let's bolster
transport, let's bolster ALS service through these districts. I mean,
we're working on consolidation as it is. It doesn't make any sense,
especially if we're working on consolidation, to add staff on our side
when it would appear that there may be adequate staffing but not at
the level of service that we need merely because we're not providing
COPCNs and merely because we're not allowing these independent
fire districts to purchase transport units or provide transport units
which they probably already have.
CHIEF KOPKA: Mr. Chair?
CHAIRMAN HENNING: Yes.
CHIEF KOPKA: County Manager, can you put the slide back
up? Go back to the --
MR. OCHS: Which one?
CHIEF KOPKA: Podium computer.
Commissioner Hiller, this map represents a combination of North
Naples first arriving unit as well as EMS. Some time ago I met with
Chief Stoltz and requested his permission to use their apparatus times
in our AUIR. So their times still don't meet -- with their times, with
their apparatus, we still don't meet our eight-minute travel time in
these blue areas.
COMMISSIONER HILLER: That's what I'm saying.
CHIEF KOPKA: Including their staff.
COMMISSIONER HILLER: I understand. So let them buy the
ambulance, let them provide the transport, let them, if there's a need
for additional staffing, hire the people. Why are we taking on the cost
when they could do it is my question. I mean, we don't have the
money. We're short.
CHIEF KOPKA: And to address --
COMMISSIONER HILLER: We plan on raising taxes?
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January 28, 2014
MR. OCHS: That's a policy decision for the Board. We were
asked to bring back this plan --
COMMISSIONER HILLER: I understand.
MR. OCHS: -- which we did. We're a countywide EMS service
so we tried to address all the needs countywide.
COMMISSIONER HILLER: And what I'm suggesting -- and I
appreciate that, Leo, and I'm very delighted that you've brought back
some solutions which are non-cost solutions. And those solutions I
think we should adopt and have the PSA review to confirm that
whatever we're adopting is, you're recommending, is the right thing.
With respect to those items that cost where we clearly don't have
the money, I think we need to look to our partners and we need to look
further to this question of consolidation.
You know, when I look at this, you know, North Naples and Big
Screw (sic) could consolidate. I mean, that's an option. I'm just
throwing some suggestions out there.
But I think it would be imprudent of us to make financial
commitments to increase our staffing and buy equipment when we
have partners who can better afford to do that than us. And I don't
think we need to raise taxes to get it done. Because we will get that
level of service we need through the partnerships and with these
independent districts getting their own COPCN, because we have to
shift the liability away from the general population. I don't think the
general population should take on liability for East Naples or
whichever other COPCN Interlocal Agreement we've got going.
CHAIRMAN HENNING: And the issue is is transport. When
you transport one to the hospital, that is taking time up at the hospital.
What you're proposing is the independent districts do that. The Board
has had a long-term standing, once they consolidate, that we will start
talking about consolidation on EMS.
So I'm encouraged for you to say consolidation, consolidation,
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January 28, 2014
consolidation.
COMMISSIONER HILLER: Absolutely.
CHAIRMAN HENNING: You know, it's the issue of the
chicken or egg. You want to consolidate EMS into the independent
fire districts before consolidation. I think this Board has taken a
long-term stance of once they consolidate we will have that
discussion. I'm not going to change my mind on that.
COMMISSIONER COYLE: I'm not either.
CHAIRMAN HENNING: I don't see the majority of us doing
that.
So we're going to move on to Commissioner Nance and then
Commissioner Coyle.
COMMISSIONER HILLER: I'd like to make a motion before
we move on to approve any of the non-cost changes being proposed
here today, and any of the cost-related changes to go back to the PSA
for review and then brought back to the Board with the funding
source, if any costs are going to come back to the county, being
clearly identified.
COMMISSIONER FIALA: I'll second that.
COMMISSIONER COYLE: Commissioner, can I address --
have a debate on that motion?
CHAIRMAN HENNING: On the motion? First of all, I need to
recognize it.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: And then if there's a second then we
can have debate on it.
COMMISSIONER FIALA: I seconded it.
CHAIRMAN HENNING: Okay, so there's a motion and a
second to adopt the changes, no fiscal changes. And then the other
one is bring the rest of it, the Public Service Commission, with those
fiscal recommendations.
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January 28, 2014
Commissioner Coyle?
COMMISSIONER HILLER: And again, with the intent to see if
partnerships could be developed.
COMMISSIONER COYLE: This will only delay our decision to
correct response times for people throughout Collier County.
The last time we discussed the issue with Big Cypress, there was
a rather heated discussion about why would you delay doing
something for Big Corkscrew -- I'm sorry, I should have said Big
Corkscrew. Why would you delay doing something for them, you're
putting people's lives in danger.
And I think what the staff has done is they have analyzed what is
necessary to respond immediately to some of these issues at minimal
cost. And they've also proposed some capital costs for long-term
processes.
So for a motion to say implement those with no additional cost,
what does that mean? No cost over $10? No cost over $1,000? There
are going to be some costs associated just with moving existing
resources from one place to another.
So I think it's a poorly worded motion, but I think it gets at the
issue we need to get at which is to implement those things that can be
done immediately without major capital expenditures. Of course all
budget items will come back to us anyway. If you're going to increase
staff, you have to get approval to do that anyway, if you haven't
already budgeted for it. So capital costs and additions to staff are
subject to our review no matter what action we take on this today. We
could approve the whole package and say okay, proceed with this and
you'll still have to come back to us to get authorization to build a new
station, rent a new station or to hire substantial staff above those that
you already have budgeted for.
So I would suggest a completely different approach, and if I can
just clarify a bit.
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January 28, 2014
I believe that the commissioners of the districts know more about
their need for services to address the health, safety and welfare of their
people. So if the commissioner in another district wants to change
some items that involve that district, I don't have any problem voting
to say anything that has anything to do with North Naples you can
take out of this. If that's what the commissioner in that district wants
to do, I'd be happy to do that.
But I can tell you from my standpoint things that are proposed in
my district are mostly low cost, they involve relocating resources in a
way that makes sense, it's common sense. And the same thing is true
in District 1 . So I don't see why we should suffer because there is a
debate about what North Naples wants to do.
So I would suggest we have a different motion, which is to say
proceed with those items that will have an immediate -- will cause an
immediate improvement in our response times without substantial
capital cost. And then we could continue to research those capital
costs and we can continue to evaluate them as you bring them
forward. And that's what you'd have to do anyway, no matter what we
do.
CHAIRMAN HENNING: Okay, is there any other further
discussion on the motion? I know Commissioner Nance, you want to
speak about the item on the agenda.
COMMISSIONER NANCE: I want to speak on the item. I can't
support the motion.
CHAIRMAN HENNING: Yeah, I can't either.
COMMISSIONER FIALA: And I wanted to pull my second,
because I agree with Commissioner Coyle, he makes a lot of sense
right there.
CHAIRMAN HENNING: Okay, Commissioner Fiala pulls her
motion. Is there a second to Commissioner Hiller's motion?
(No response.)
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January 28, 2014
CHAIRMAN HENNING: Okay. So we're going to continue on
this item with Commissioner Nance and then Commissioner Coyle.
COMMISSIONER NANCE: Yes. Thank you, Mr. Chairman.
Our county EMS system has suffered greatly with the economic
downturn, as have services of all kinds throughout the county. And of
course what we have seen in order to survive with less funding is
incremental changes back and forth over time in our levels was service
standard.
And at some point, you know, we basically were forced to make
a change to segment the county where one portion of the outlying
areas of the county was trying to get an ALS response time in 12
minutes or less while the rest of the county continue to enjoy a goal of
eight minutes. That's a 50 percent increase.
You know, the wider discussion that we have entered into in the
last meeting and this meeting was really brought forth by Big
Corkscrew Island Fire and Rescue District and Chief Greenberg who
rightly raised awareness of the lack of meeting their response times.
And it was very, very difficult for me to criticize the application for
the COPCN at that time.
However, I think the philosophy really that we're discussing
today is whether we're going to return to a countywide response time
goal for ALS of eight minutes. And I think it's appropriate. And I
think we need to do that as soon as practical. And I do believe that we
do have the funding to make some thoughtful changes at this time that
could have an immediate impact. Not just down the road but this
season. This agenda item calls for things to be effective as of April
the 1st. That's now, okay.
Attachment four, which was included in today's backup, outlines
the different suggestions that the Chief brought forward in order to
move us back in the direction of an eight-minute response time. They
are logistic changes and they are also expenditures that are certainly
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January 28, 2014
lined up with the AUIR, they're an acceleration of some of those
things that we just approved in December, which was our long-term
10-year program for improving the delivery of ALS services by
Collier County EMS, our comprehensive unit.
I would really like to -- and I believe that these proposals clearly
-- if everybody will examine them, these heat maps are tremendously
revealing, because they show where the gaps in service are.
I believe that this benefits the entire county. And that was the
hard decision that I had to make last meeting, to deny the individual
COPCN to Big Corkscrew Island in favor of doing something that was
going to benefit everybody. There have been specific deficiencies
located everywhere.
I believe that Marco Island needs a seasonal ambulance, just as
the Chief has said. And yes, it's going to cost $133,000. But they need
it now. They don't need it six months from now. Six months from
now those people will have gone back home.
So I would like to make a motion that's twofold. Number one, I
would like to adopt the proposal of the Chief to go forward with the
program, just the immediate portion of it, that are focused on a --
starting to improve service as of April 1st. And I would like to also
encourage and support a follow-up by the PSA to opine and give us
critical thought on how we can enhance this.
I am not interested personally in another 7-6 or 6-7 vote on
whether it's a good idea or bad idea. I would really appreciate some
critical thought out of those people. I get it from very few, frankly.
And it's becoming an agency that's losing what it should be, which it
should be a very great and powerful organization, and it's not. It's
drifted.
Some of these things I think are absolutely great. I think the
logistics changes are appropriate. There's nobody that knows them
better than these gentlemen here. It's not like this is their first rodeo.
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January 28, 2014
They think about this continuously.
So I would like to -- like I said, I'd like to make a motion that the
Board of County Commissioners approves these things so we can get
immediate impact. And the five-year future impact, I think of course
we should engage everyone, all the independent districts, to
particularly talk about capital infrastructure spending. There's a
proposal here in our AUIR that calls for $5.5 million worth of
buildings. Collocation, synergy, cost sharing, all those things should
be considered. But I don't think we can continue to kick this can down
the road.
I'm delighted that the Board supported directing the County
Manager and Chief Kopka to bring this forward and I want to take
some decisive action here. Thank you.
CHAIRMAN HENNING: Okay, let me try to capture a motion.
Your motion is to approve staffs recommendation?
COMMISSIONER NANCE: For the short-term adjustments to
the EMS program, sir.
CHAIRMAN HENNING: As presented.
COMMISSIONER NANCE: As presented.
COMMISSIONER HILLER: What are you defining as short
term?
COMMISSIONER NANCE: The items and the logistical
changes and the expenditures as defined in attachment four under the
time frame April 1st, 2014.
COMMISSIONER FIALA: That's what I wanted to talk about.
The --
CHAIRMAN HENNING: Okay, well, let me find out if there's a
second --
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: -- on the motion.
There's a motion and a second by Commissioner Coyle.
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January 28, 2014
COMMISSIONER COYLE: But I would like to make a friendly
amendment to the motion --
CHAIRMAN HENNING: Go ahead.
COMMISSIONER COYLE: -- and that is to suggest that the
staff continue to refine the longer term solutions and present them to
the Board for future consideration.
COMMISSIONER NANCE: Indeed and of course, sir.
CHAIRMAN HENNING: Okay, there's an amendment to the
motion to direct the County Manager to refine -- continually refine the
COMMISSIONER COYLE: Long-term.
CHAIRMAN HENNING: -- long-term response to medical
calls.
Commissioner Fiala, you want to talk on the motion?
COMMISSIONER FIALA: Just one little exception.
CHAIRMAN HENNING: Because I have to go to
Commissioner Coyle.
COMMISSIONER FIALA: This is exactly on the motion.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: You mentioned a couple times April
1, but actually the Marco starts at February 1, this coming Saturday, I
think it is.
COMMISSIONER NANCE: Yes, ma'am. That's my error,
ma'am.
COMMISSIONER FIALA: That's on the record.
COMMISSIONER NANCE: Yes, ma'am. I just was looking at
this time frame column and I note that, yes, February -- April, 2014 is
that issue, yes, ma'am.
COMMISSIONER HILLER: I'd like to ask Commissioner
Nance a question.
CHAIRMAN HENNING: Let me go to Commissioner Coyle.
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January 28, 2014
He's been on deck. And then I'll go to Commissioner --
COMMISSIONER COYLE: I think I've said everything I need
to say.
CHAIRMAN HENNING: Okay, then after Commissioner Hiller
I want to -- well, let me remind everybody, we're past our 10:00 a.m.
time certain. We're doing a 10:30 break for the court reporter. We
have six speakers on this item.
Commissioner Hiller?
COMMISSIONER HILLER: So to clarify for my understanding,
you are only suggesting approval of the April 1st, 2014 recommended
actions. Which by the way includes adding six new full-time
employees to North Naples.
COMMISSIONER NANCE: Yes, ma'am.
COMMISSIONER HILLER: Really? Why would you
recommend that? Why are you recommending that, when North
Naples could go out and at their expense hire six full-time employees
as opposed to us using funds we don't have? Explain that to me,
please.
CHAIRMAN HENNING: I don't think that we can expend other
special districts' monies.
COMMISSIONER HILLER: No, but we can ask them if they
would consider hiring six full-time employees, if that's the need, as
opposed to immediately out of the box suggesting that we do it
ourselves. We are short funded. Why are we not looking to our
partners and asking them? They are a very wealthy district, they've
got the funds, they have very substantial reserves.
In fact, you know what I'd like to ask? Could --
CHAIRMAN HENNING: Is Chief--
COMMISSIONER HILLER: Stoltz is here.
CHAIRMAN HENNING: -- Worley Stoltz on the speaker?
COMMISSIONER HILLER: Is he one of the speakers?
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January 28, 2014
MR. MILLER: No.
CHAIRMAN HENNING: Well, put him on there.
COMMISSIONER HILLER: Could he address my question now
before we vote? I really need to hear -- because if I'm suggesting
something that wouldn't be a consideration for North Naples, then
clearly we need to spend the money. And I need to understand why.
COMMISSIONER COYLE: They're going to have to buy
ambulances.
COMMISSIONER NANCE: I would like to respond, ma'am, to
generally let people know and let the Board know what my thinking
is.
COMMISSIONER HILLER: I'd like to hear his opinion too.
COMMISSIONER NANCE: Yes, ma'am.
CHAIRMAN HENNING: Chief?
COMMISSIONER NANCE: I do not believe that I as a county
commissioner or any other single county commissioner has the ability
to go in and review the overall logistics plan of Collier County EMS.
I wouldn't pretend that I'm qualified to do that.
So my request was from staff and the Chief in charge of the
comprehensive unit to come back and bring back to the Board a
comprehensive logistics plan to address all the shortcomings that they
thought they could identify as efficiently as they could and meet all
the different needs that they've identified in the AUIR and through
comments throughout the county.
I believe they've done that. You know, I wouldn't request that a
general of the Army go out and create a battle plan and then me come
back and go hey, you know, why do you have that tank over there?
Can you explain that to me? I just won't do that. I just won't.
So that's why I support the package as a whole and I don't intend
to go in and micromanage the proposal.
CHAIRMAN HENNING: Okay, Commissioner Fiala. Then
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January 28, 2014
Worley, if you don't mind -- or Chief, if you wouldn't mind.
COMMISSIONER FIALA: Thank you.
The only concern I have with this discussion right now is that
we're -- as soon as we let somebody else buy ambulances and hire the
people, now we're starting to fragment our own EMS system. And I
can see the crumbling beginning. And then that's just one step and
then it's going to continue to happen and all of a sudden we won't have
a countywide EMS system anymore. And that concerns me greatly.
CHAIRMAN HENNING: Well, I wasn't aware that North
Naples had so much money. And I'm glad to hear that.
Chief, do you want to tell us how much you want to give us?
CHIEF STOLTZ: Good morning, Commissioners. For the
record, Chief Stoltz, North Naples Fire.
And I wasn't aware that we had all that money either. However,
there are ways, and I've spoke with -- and trust me, I'm not prepared to
speak on this issue, I didn't think I'd be up here today.
Chief Kopka and I have talked over the last couple of years about
some options and perhaps opportunities. I'd really like to be able to
come to the table when we're talking about the North Naples District
and talk about some of our opportunities that may be here.
We have talked over the last couple of years. I know one of the
ambulances that are recognized in our Zone 45. I currently run in that
zone a fire engine with three and a squad with two. I could certainly
take my two people off of my squad and put them on an ambulance
and be able to transport in that area if I had the approval to do that.
And I could put my two on there and Chief Kopka could put one of his
on there and we could run two paramedics and an EMT and make a
three-person ambulance and transport people all day long.
However, doing that type of partnership, we would be looking at
-- we could buy the ambulance, we could put two people on it. But I
would expect to get some of the transport fee, which would be a cost
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January 28, 2014
savings to both.
CHAIRMAN HENNING: That's something --
COMMISSIONER HILLER: Only makes sense.
CHAIRMAN HENNING: -- to consider.
COMMISSIONER HILLER: Absolutely.
CHAIRMAN HENNING: I'm glad you're talking to our staff to
potentially bring that back in the future.
COMMISSIONER HILLER: But hang on a second.
You have not spoken to staff about this proposal? Staff didn't
consult with you? I mean, you're running ALS service in this area and
you were not included prior to this coming to the Board to suggest
whether or not this is going to in fact be a good thing and how this is
going to improve response in those zones where we are deficient?
CHIEF STOLTZ: I had spoke to Chief Kopka in the last couple
of weeks about the movement of-- or what would be an ambulance,
your medic 24, which is that -- our shared station with East Naples,
Golden Gate and EMS. I had heard that they were moving that
ambulance into Zone 20 of East Naples, so I call Walter on that. He
explained to me his reasoning behind that.
Also, he was moving an ambulance out of the City Station 1 and
moving it up to Station 2 where he had a greater number of calls
which benefits our district by having that ambulance come up.
Because not just the ambulance that services our area or that are
parked within our district service our district. That ambulance out of
24 is a big part of our district, but the ambulance that comes out of
Station 2 in the city is a big part of our district as well.
COMMISSIONER HILLER: So he didn't discuss adding six
full-time employees to North Naples? And I don't know if he
discussed adding three full-time employees with Chief Greenberg?
CHIEF STOLTZ: I didn't talk with him about that, no.
COMMISSIONER HILLER: No.
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January 28, 2014
CHAIRMAN HENNING: Yeah, it was the proposal -- direction
of the County Manager to bring it back to the Board of
Commissioners, not bring it to Chief Greenberg or any other chiefs.
COMMISSIONER HILLER: Understood. But just to clarify,
the reason I would have expected staff to do that is we are looking to
work with our partners constantly to improve our response times. And
if our partners can -- either has the staffing that appropriately license
could provide that higher level of service necessary -- and by the way,
we're not talking about transport. The issue here is response, not
transport. So what we need is to get the response times improved.
That is the focus. That is what we need to address.
And as far as the PSA goes, you know, these disparaging
comments that these people are no good and don't function effectively,
I think they've working very hard and we have, you know, the best
representatives of the service -- of the EMS service providers in the
county in the system on that advisory board, and I think it's really
unprofessional to disparage these people.
CHAIRMAN HENNING: Okay, can we go to public comment
now?
Yes, go ahead, Commissioner Coyle.
COMMISSIONER COYLE: In order to cut this debate a little
short and let us take the actions that are important, could we modify
the motion and just eliminate anything that has to do with the North
Naples Fire District from this proposal? And if they want to continue
talking about it with somebody and Commissioner Hiller wants to
continue studying it, they can study it until hell freezes over, but let us
get on with the things that effect our districts that we are strongly in
support of.
Would that be acceptable to you, Commissioner Nance?
COMMISSIONER NANCE: Commissioner Coyle, with all due
respect, sir, I really don't want to fragment this proposal. I really think
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January 28, 2014
it's unfair to them. When they've done a logistics -- you know, they've
got all the moving parts in there.
So I appreciate your concern here, and I don't want to extend this
either. I mean, I'd rather see the question called. But I do believe that
they should be given a chance to do it in a comprehensive way.
You know, I'm ready to do a follow-up motion to back up exactly
what Commissioner Hiller said. I believe every -- you know, all --
every comment she's made about getting together with independent
fire districts is valid and correct, I believe that.
CHAIRMAN HENNING: Okay, the motion maker requests to
call the motion. I'm going to accept that. I believe that we've had
enough debate. We need to get civil on this item. I know there's some
passion here, but it doesn't do anybody any good for jabs here and
there. So let's go to the public speakers.
MR. MILLER: Your first speaker is Burt Saunders. He'll be
followed by Councilor Petricca.
MR. SAUNDERS: Commissioners, Burt Saunders with the Gray
Robinson Law Firm for the record. I'm representing the City of Marco
Island.
I'm here only to do two things: First Chief Murphy will be
speaking, and then Councilman Petricca will be very brief.
I want to thank you, I want to thank your staff for recognizing the
need for additional transport capability on Marco Island. The seasonal
unit is certainly a step in the right direction. It's not the permanent
solution, but it certainly will get us through this season, and I want to
thank you and your staff for that consideration.
With your indulgence, I'd like to ask Chief Murphy to speak next,
and he'll be very brief.
CHAIRMAN HENNING: Is he a --
MR. SAUNDERS: He's registered.
MR. MILLER: Yeah, I've read them in the correct order. He
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January 28, 2014
had asked me to read them in that order. It should be --
CHAIRMAN HENNING: Chief Murphy?
MR. MILLER: Chief Murphy, followed by Councilman
Petricca.
CHIEF MURPHY: Honorable Commissioners, audience and
staff, first of all, I want to thank staff and I'd like to thank all of you
for meeting with us and discussing our issue.
We came before you, our staff, four months ago in reference to
this issue. Our data, our demographics do substantiate the need for a
full-time 24/7 unit. All of the demographics of the county, the
construction work, everything else that's going on on 951 and 41 .
Marco is at the end of the line.
We appreciate staff looking at this issue and taking this first step
of putting a seasonal unit. A seasonal unit is not the permanent
answer. When you presented this plan yesterday is the first time
we've seen this plan through 2023. And we're looking at a plan that
we came before you to address the countywide issue. We stood before
you and said we need three units on the road, transport units on the
road 24/seven. And that was through staff and the meetings with
Commissioner Fiala. And we came before you asking you to fund that
amount of money in those units.
Your plan through 2023 does not address the full-time unit on
Marco Island, and we do feel it is critically important to the overall
plan of this county.
In looking at the overall plan as we discussed with you, there are
things that you could do. The partnerships are critically important.
They are critically important not just for us but for everybody. We all
need to be sitting at the table looking at this plan.
There are several things you can do. I looked at the plan
yesterday and said why are you putting three ALS paramedics in Big
Corkscrew when they stepped up to the plate and said we'll put our
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January 28, 2014
people on your trucks? Why don't you put them out in Immokalee
where you have areas that have 54 percent on your response time
capability?
COMMISSIONER HILLER: Here, here.
CHIEF MURPHY: And I think us all sitting down at the table
can address those issues. And that is critically important to us.
We do appreciate the fact that you've opened the door and you
put a part-time unit down on Marco for seasonal. But 60 percent of
our calls -- we face the issues of concurrent calls maybe nowhere else
in the county faces. We have 80 high-rise buildings, which increase
our response time to patients by an additional six minutes. We're
talking 14 minutes to get to anybody on the 10th floor.
So the assets and resources tie up everybody within the county,
and it should be a countywide partnership. And we look forward to
the time when we can sit down.
CHAIRMAN HENNING: Next speaker?
MR. MILLER: Your next speaker is Councilor Petricca, to be
followed by Chief Rita Greenberg.
COUNCILMAN PETRICCA: Thank you, Commissioners.
Amadeo Petricca, City Councilor, Marco Island.
I've been assigned by the council to procure and have you guys
give us a full-time ambulance on Marco Island.
The Chief went through a lot of information concerning the
Island, and I did my own calculations concerning our Island, our
demographics, the highrises, the age of our population. Our
population is increasing, where I read recently that the City of Naples
population is on the decline.
Commissioner Henning -- I met with four Commissioners. I
didn't have the pleasure of meeting with you, Commissioner Hiller,
but hopefully I can do that concerning the taxable values on Marco
Island. Our taxable values went -- from 2007 to 2014 went down 34
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January 28, 2014
and a half percent. We went from $12 billion to $7 billion. But it's
starting to rise again. It increased in 2014 by 1 .8 percent. I expect it
to rise five or eight percent for 2015.
So these are taxable dollars that we will be generating for the
county, of which we do contribute a significant amount of tax dollars
to the county, as well as the City of Naples, because they're about
twice our taxable values.
I appreciate having a part-time ambulance on the Island. It is
direly needed by our population.
Chief Murphy mentioned our highrises. But our population is
increasing more and more. Senior citizens like myself are making
Marco Island their permanent home rather than traveling back and
forth to wherever they came from. I'm originally from New Jersey
and I'm here full-time. I've been here over 11 years, and I've been an
activist on Marco Island for eight years.
But I like your consideration that you did give us. We appreciate
it on Marco Island, the residents do. I've heard from them of having a
part-time ambulance, but we're really in dire need of a full-time
ambulance to take care of the citizens on Marco Island.
I thank you for your indulgence and your consideration to try to
get this into a 2015 budgets.
I know resources back in 2011, when the City of Naples wanted
another ambulance, you stated -- both the city and the county stated
that they were short resources. We're still short resources. We're in
2014 and we're still talking about it.
I appreciate your indulgence in getting more transport vehicles in
Collier County and one especially in Marco Island. Thank you.
MR. OCHS: Mr. Chairman, I'm sorry, let me remind the Board
that not only is our proposal adding a seasonal unit to Marco effective
February 1, but we've already, effective this past month, made an
operational change to automatically send the ambulance from Isles of
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January 28, 2014
Capri across the bridge and station them on Marco any time the
ambulance down there is in service.
So it's not just a seasonal unit that's being added. It's actually the
second unit out of Isles of Capri and a seasonal unit.
MR. MILLER: Your next public speaker is Chief Rita
Greenberg. She'll be followed by Eric Watson.
CHIEF GREENBERG: Good morning, Commissioners. Chief
Rita Greenberg for the record, Fire Chief with Big Corkscrew Fire
Control and Rescue District.
I too would like to thank Chief Kopka and his staff for the efforts
that they put into this report. We support and welcome the idea of
enhancing the ALS services to the Big Corkscrew community, in
addition to the rest of the county.
My question is similar to what Chief Murphy alluded to. We
have 10 paramedics on staff. We have made the offer to take the
financial costs of training them, the financial costs of that liability by
applying for our CON.
And my question is, in the cost savings component would it make
more sense to take those FTE's, place them in the Immokalee fire
district, then you would not necessarily have to enhance or renovate
the Station 31 site as presented, and then it would enhance that whole
area even greater with allowance of the 10 paramedics that we have
under the CON and the ALS service in Immokalee. They don't have
the paramedics in Immokalee to even try that resource or option, so I
just want you to take that into consideration as well. Thank you.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker is Eric Watson. He'll be
followed by your final speaker, Michael Ramsey.
CAPTAIN WATSON: Good morning, Commissioners. Eric
Watson, Big Corkscrew Island resident and captain for the Fire
Rescue Department out there.
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January 28, 2014
I have a prepared statement that I'll share with you this morning.
You have before you an executive summary proposal to improve
significant adjustments to deployment of resources and personnel of
the Collier County EMS Department that will increase the level of
ALS service to the citizens of Collier County.
Moreover, part of the proposal is an expansion of the ALS engine
program with respect to the area currently served by Big Corkscrew
Island Fire.
As you know, you had a proposal to the ALS Engine Response
Program in the form of a COPCN Application before you, at the last
Commission meeting for consideration with PSA, Public Safety
Advisory, recommendation for approval. Despite all the facts in the
PSA recommendation for approval, a majority of the Commissioners
voted to deny that request.
Commissioner Nance indicated he wanted to see additional
proposals, correlating cost analysis to be presented by county staff that
would include increasing the level of service to that area. A motion
was made and county staff was directed to bring it back to the
commission ASAP.
Which brings us today. I applaud Chief Kopka and his staff for
doing what they've done in short order. Moreover, it's quite clear that
they didn't just look at the Big Corkscrew area, they took a global
countywide approach in their analysis.
As a colleague and fellow public safety professional, at first
glance I welcomed these long overdue proposed changes that will
increase the level of ALS service area to the area where I work and I
live.
As a conscientious taxpayer, though, it appears that this proposal
has in it a request to reallocate funds from county reserves, something
that the Commission was adamantly opposed to with regard to Big
Corkscrew Island dipping into their own reserves to provide that level
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January 28, 2014
of service with regard to our COPCN application. I believe it's the
Public Safety Authority that should review in great detail this proposal
and vote to approve or disprove it prior to consideration by the BOCC.
I think the thing that scares me the most is the track record.
Commissioner Coyle mentioned earlier that he does not have faith, as
did Commissioner Nance does not have faith in the Public Safety
Authority.
I would just caution you as you've been cautioned this morning,
there are a lot of people on that Public Safety Authority with titles
after their name of MD and CEO. I would not imply that they're
wasting their time. Thank you.
COMMISSIONER NANCE: No, sir, I just want to address your
statement.
I did not imply that the members of the PSA are wasting their
time. I am saying that the information that's coming forth and the way
it's being presented to the Board of County Commissioners is
sometimes less than productive because we don't have as much critical
commentary to allow the Board to synthesize what those members are
presenting to us.
What we typically get is we typically get a vote and sometimes
those votes are very close or providing less information than perhaps it
should as a body. I think the body is a very good body and we should
use it more and more efficiently. But at present it hasn't been too
productive. To me --
CHAIRMAN HENNING: We're not having any more debate on
this item. The motion has been called.
MR. MILLER: Your final public speaker is Michael R. Ramsey.
MR. OCHS: Mr. Chairman, if I might, just to correct one
statement. In the executive summary the implementation plan for the
FY 14 proposed changes does not call for any reduction of countywide
general fund reserves.
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January 28, 2014
MR. MILLER: Mr. Ramsey?
CHAIRMAN HENNING: Call the speaker and then we're going
to vote on the motion.
MR. RAMSEY: Good morning, Commissioners. My name is
Michael Ramsey. I'm the president of the Golden Gate Estates Area
Civic Association and a resident of the Big Corkscrew Island Fire
District.
I'm here today representing myself and that fire district. And I
want to let you know today that I attend a lot of meetings, it's taken
me a long time, and apparently I'm the only person here from the
public representing this issue, which is kind of interesting.
But I'm here to tell you, after doing some research and it's a
complicated issue, I will tell you this: After attending a lot of fire
district meetings, a lot of PSA meetings and doing a lot of research,
you have my letters in front of you that I've sent. I did my own
personal research in my fire district and I've talked to some other fire
districts. And I find it to be amazing that there are options that are still
not on the table.
The second thing that I find amazing today is for the first time in
five years I'm actually seeing Fire Districts come up here and trying to
present some options. This is what I consider to be a first.
I want to make it clear to the public and the people listening:
Fire Districts are not experts in advanced life support paramedic
emergency response. They are fire districts. To do that, they have to
create a whole separate division to do it.
In my fire district they're going to create a whole separate
division to do it. To do that, they're probably going to have to raise
my taxes. And to continue it they will have to raise it more. That
means in the first year of this I'm going to have to be subjected, if that
is successful, to a group of paramedics that have not practiced in the
field. That concerns us.
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January 28, 2014
Now, in regards to what's going on today, I find it encouraging
the discussion to present options. Keep doing what you're doing,
Commissioners. This is the oversight needed in this area. Force these
guys to talk with the public and the Collier EMS, which is the
Accredited Paramedic ALS service in the County.
CHAIRMAN HENNING: Thank you.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We're going to take a --
COMMISSIONER HILLER: I'd like to make a comment. And I
have the ability and the right to do so post-vote.
CHAIRMAN HENNING: Yeah, I'll accept it. We're going to
take a 10-minute break after Commissioner Hiller's comments.
COMMISSIONER HILLER: Mr. Ramsey, this is not the first
time the fire districts have presented options. In fact, Chief Greenberg
presented the option of the COPCN to bolster service, which would
have been at no cost to the county and would have increased the level
of service in her area.
I am very impressed by what Chief-- the chief from Marco,
Chief Murphy, what Chief Murphy said and what Chief Greenberg
said and what the Captain said. I think you're all correct with respect
to what you're describing as what is needed, which is increasing the
level of service to Eastern Collier, like Immokalee, which is not
benefiting from this as it should when it could at a much higher level.
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January 28, 2014
And I also want to commend Chief Stoltz for bringing up an
alternative which would further bolster the level of service at a
substantially lesser cost to the county.
I find it very disappointing that staff did not reach out to the
districts to work with them before bringing this proposal forward.
That's how it should be done. They need to work together. That did
not happen.
I support this motion because there is a lot of good that's being
proposed. I don't agree with what's being proposed for Big Corkscrew
or with respect to North Naples.
And so what I will do is I will request reconsideration on just
those two segments of this proposal and I will provide you that request
in writing to bring that back.
And I expect that in the meantime, since EMS did not reach out
to the fire districts, I would like the fire districts to reach out to EMS
to present proposals to modify what was presented here today to save
the taxpayers dollars and to provide a higher level of service than is
even being proposed here right now.
CHAIRMAN HENNING: Thank you. We're on a 10-minute
break.
(Recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Okay, we're going to go to our 10:00
time certain.
Item #11B
A MEMORANDUM OF UNDERSTANDING (MOU) WITH
NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT
(NNFD) THAT IDENTIFIES A PLAN TO DEVELOP AN
INTEGRATED BUILDING PLAN REVIEW AND INSPECTION
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January 28, 2014
PLATFORM THAT BETTER SERVES OUR CITIZENS AND
MUTUAL CUSTOMERS - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS — APPROVED
MR. OCHS: Yes, sir. It's Item 11 .B on your agenda this
morning. It's a recommendation to approve a Memorandum of
Understanding with North Naples Fire Control and Rescue District
that identifies a plan to develop and Integrated Building Plan Review
and Inspection Platform that better serves our citizens and mutual
customers.
And Mr. Casalanguida, your Growth Management Administrator,
will present.
MR. CASALANGUIDA: Thank you, County Manager. For the
record, Nick Casalanguida. Good morning, Board members. I have
Chief Worley Stoltz here, as well as some of the North Naples Fire
Commissioners as well.
Commissioners, as I call it in your agenda you gave direction to
what is now the Chairman to work with us over the summer through
last year staff to look into the possibilities of some consolidation in
terms of plan review and inspection service. That was Commissioner
Henning.
Got to give a lot of credit to Commissioner Henning and his aide,
Cam. They've been tenacious, following through and working with me
to meet with not only the Fire Chief but Fire Commissioners, meet
with the industry, get some feedback and bring back something to the
Board that moves this item forward.
In September the Commissioner and I attended a meeting with
East Naples/Golden Gate -- it was actually East Naples at the time,
they were in the middle of merger talks -- to ask them if they were
interested in putting plan review and inspection to the county. They
did not want to move that forward but voted 3-2 to continue to discuss
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January 28, 2014
that with the county.
Concurrently Commissioner Henning and myself went forward
to the North Naples Fire Commission office and suggested the same
thing. They were enthusiastic and voted unanimously to have Chief
Stoltz work with county staff to look at plan review and inspection.
We did that. And I'll call attention to three bullet points in your
executive summary.
The restoration of a one-stop-shop concept with all services at
one location would greatly improve customer service and
communication.
Use of common technology and communications platforms
would streamline services.
And key, I think, elimination of redundant or delegated reviews
or delegating reviews would lower fees and streamline services as well
too.
So the Chief and I worked together along again with
Commissioner Henning's aide who put a lot of time into this. And put
something forward, brought it to the North Naples Fire Board on
January 9th. They voted 4-1 to move this item forward.
And as your staff, I think it's a good item. This brings the fire
plan review and inspection under one group and also puts it in our
building back the way it was.
COMMISSIONER HILLER: I'd like to make a motion to
approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala to approve staffs recommendations; is
that correct?
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN HENNING: Any -- Commissioner Nance?
COMMISSIONER NANCE: Yes. Commissioner Henning, I
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January 28, 2014
would like to commend you for your efforts in this regard. And also
the efforts of North Naples Fire and Rescue District to provide this. I
think it's clearly going to provide enhanced service. And I give you
all the credit, sir, for providing leadership in this area. Thank you.
And I certainly support the motion.
CHAIRMAN HENNING: Yeah, thanks for the comments.
However, I think we all need to thank Camden, my aide, who worked
with myself, North Naples and Nick Casalanguida. She did an
outstanding job with public records requests and being tenacious on
that, putting together a Power Point presentation with the
administrators' approval. Anyways, I'm lucky as heck.
Commissioner Hiller?
COMMISSIONER HILLER: Yes, I'd like to commend Camden
and you and Mr. Casalanguida and the other members of the staff and
the community who worked tirelessly to get this done. And I
sincerely hope this will improve the level of service and hopefully at a
reduced cost for the benefit of the public. Because it has been a very
difficult time for the construction industry, as well as the public. And
hopefully this will put that to rest, at least as it relates to the North
Naples area.
So thank you very, very much. We really applaud you.
And Leo, thank you. Well done. We can't leave you out.
MR. OCHS: Thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I hope that that can continue
throughout the rest of the county as well.
CHAIRMAN HENNING: Yes.
I do want to recognize the Chief, Worley Stoltz in North Naples.
He's going to work with our staff to reduce the existing redundancies
and try to provide the best product they can to the consumer when
they come get a permit. So my hat's off to the Chief and the fire
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January 28, 2014
commissioners in North Naples for forward thinking. We hope, like
you said, more to come.
COMMISSIONER HILLER: I'd like to propose that we have a
very clear second mission statement. Because our mission statement
in our strategic plan goes on and on and, you know, basically says we
want world peace. And I think it should basically be that we're
looking to provide the highest level of service at the lowest possible
cost to our constituency.
MR. OCHS: Yes, ma'am, we're having a workshop on the 4th of
February. When --
COMMISSIONER HILLER: Can you add that.
MR. OCHS: -- get that opportunity to modify anything you'd
like.
COMMISSIONER HILLER: Right. And you can put
parenthetically, no, we're not making a profit. Just FYI.
But if you could. Because I think that is our mission statement.
And every single time we vote that is our objective.
MR. OCHS: Yes, ma'am.
CHAIRMAN HENNING: We have one public speaker?
MR. MILLER: Yes, your only public speaker is Norman Feder.
MR. FEDER: I'll waive.
MR. MILLER: And he's waiving.
CHAIRMAN HENNING: Okay. Seeing no further discussion,
all in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
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CHAIRMAN HENNING: Motion carries unanimously. Thank
you.
Next item is our 11 :00 time certain.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Look at that.
COMMISSIONER NANCE: That's one in a row, sir.
Item #11C
A DRAFT LETTER, DIRECTED BY THE BOARD,
REQUESTING THAT THE CITY OF MARCO ISLAND
INITIATES A PLAN TO REPAIR GOODLAND ROAD (CR 92A)
— APPROVED
MR. OCHS: 11 .C, Sir, is a recommendation to approve the draft
letter directed by the Board requesting that the City of Marco Island
initiates a plan to repair Goodland Road/County Road 92A. And Mr.
Casalanguida, your Growth Management Administrator, will present.
MR. CASALANGUIDA: Thank you, Commissioners.
Changing hats from Planning Regulation to Construction and
Maintenance.
Been working with Commissioner Fiala on this one as the
residents of this area are concerned about 92A going forward into that
project.
In your package I put a photograph of that road under water.
And as you know, or as we know in construction and maintenance,
whenever a road is inundated with water, the base course and the
pavement course ultimately will fail. And I think they're in a position
where they recognize this road is their only vehicular access in and
out.
I've drafted a letter and I want to make one correction to that after
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talking to a representative of Marco. In that letter we talk about an
exchange where the county pays $1 million to the City of Marco. It is
for all roads that were in their jurisdiction. So I'll make that correction
with your approval.
With that, we'll have any questions or comments.
COMMISSIONER HILLER: I have a --
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I just want to -- I had briefly
the opportunity to speak with Nicole with The Conservancy. Have
they been -- and I didn't have time to really talk at any length with
them.
I just want to know, were they incorporated in this consideration?
Have they been brought to the table and have they given their input as
to what's being proposed?
MR. CASALANGUIDA: And with this, nothing's being
proposed yet. But they have been at the table and they're required --
under the settlement agreement if we go outside the existing road
footprint, you know, their comment and review will be included.
COMMISSIONER HILLER: Okay, so good. So as long as
we've got it on the record that they'll be incorporated and they'll be
given their due speaking time under the settlement. Thank you.
MR. CASALANGUIDA: You're welcome.
COMMISSIONER HILLER: Nicole, does that satisfy your
need?
MR. MILLER: She is registered to speak on this item.
CHAIRMAN HENNING: Is there any other speakers?
MR. MILLER: Yes, you have four registered speakers, sir.
CHAIRMAN HENNING: Okay. Well, why don't we wait and
you can ask her that question then.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have been working with
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Nicole on this and we've sat down and talked about it at length in my
office a couple of times, as well as we've worked with somebody else
from The Conservancy. We went out to view the road. We've had a
lot of problems with it. And the problems continue to mount year
after year after year. It seems to be getting worse as the water rises.
And so Nicole -- I mean The Conservancy has some concerns
about how the road will be built so that the flow of water is not too
intense to kill all of the mangroves in that area, and yet that the water
can flow to maybe regenerate some of the mangroves that have died.
And so they're going to be working closely.
Well, they just want to make sure that the water continues to
flow. And I think we're all going to be incorporating that. You all
know that already.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: And we wanted to take in their
consideration too because it's really important that that area stays alive
as far as all of the sensitive -- environmentally sensitive plants that
then spawn estuaries and so forth.
On the same note, the people of Goodland have problems getting
to their homes, or getting out. And we have to take in the safety of
those people. It is imperative that they -- you know, I realize there are
mangroves and I think we can work together to get both of them done,
but those people have to be able to get home or get out of their home
in case of storms and so forth. And we need to take their safety into
consideration as well. I think we can do both.
CHAIRMAN HENNING: Okay, let's go to our public speakers.
MR. MILLER: Your first speaker is Mike Barbush. He'll be
followed by Timothy Pinter.
MR. BARBUSH: Good morning, Commissioners. My name is
Mike Barbush. I'm a 33-year resident of Goodland in Collier County.
I'm the past president of the Goodland Civic Association several
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times. And I'm glad that we have a chance to speak about County
Road 92A.
The current road going into Goodland is in disrepair. It is our
only way to get in and out of town. And it effects our health, safety
and welfare. And we depend on this road to get in and out of town.
The road is located within the City of Marco Island's limits, and
as such it's their responsibility.
The GCA has held meetings since the summer of 2008 with
Norm Feder and Jim Mudd on this issue. And at that time we had the
City, County Staff, we had people down from DCA and also from
FEMA. We were trying to do a pre-disaster mitigation project and we
had all the parties for several meetings on Marco.
Unfortunately the recession happened and the funds dried up for
that sort of funding. And this is what this whole project breaks down
to is funding. We understand the City of Marco Island's financial
situation, but we have been in an Interlocal Agreement with them for
15 years for $1 million a year. And I realize that money goes to
different projects and we can't pinpoint just to Goodland Road.
Marco has been a good neighbor. We've been through several
meetings over the summertime. I've gone to every Budget,
Subcommittee Meeting and every Budget Meeting for the last seven
years on Marco, requesting funds but to no avail for this reason or
that.
So that's why we're here with you all today. We've looked for a
partnership basically with the City of Marco in order to get our road
fixed, but we are in some dire straits out there as far as the condition
of the road goes.
We acknowledge The Conservancy's concerns about the
mangroves. There are actually two different ideas about how we
approach this situation. One is less obtrusive to the mangroves. We
have some concerns about some of the legalities of the Deltona
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Settlement Agreement. I think things may be able to be tweaked
there. Obviously there's some differences of opinion there.
So why we're here is to try to marshal our forces with you. We
are not voters on Marco Island, although I have a tremendous amount
of respect for all the councilors. Tim Pinter and his staff has worked
with us. And I just hope that we can come to some kind of a middle
ground here.
And again, it's going to come down to where the finding is on
this road. We're on the MPO list but we're down at the bottom and
this road, it needs some help right now. Thank you very much.
MR. MILLER: Your next speaker is Timothy Pinter. He'll be
followed by Greg Bello.
MR. PINTER: Good morning, Mr. Chairman, members of
Commission. My name's Tim Pinter, I'm the Public Works Director
for the City of Marco Island.
I'd like to thank Nick for clarifying a portion of that letter that
stipulates that the million dollars that the county has been giving the
city for the past several years, 12 years almost, is for all the entire
roads on Marco Island. We have 126 miles of roads on the Island,
including the Goodland Road.
Your agreements -- or the agreements that we had in place began
in 1999 with the county turning over all the roads on the Island, with
the exception of 92 and 92A to the City.
In 2002 that agreement was modified and changed to include 92
and 92A, and that's where the million dollars came from in that
agreement.
We've had several letters and correspondence back and forth.
We've met with the Civic Association, with Commissioner Fiala. I
think we've worked together hand-in-hand with The Conservancy.
In 1999 we did a plan, we prepared a plan, we had a consulting
engineer that came on board that designed a reconstructed roadway
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which elevated the pavement surface, provided some cross drainage
and basically other appertinents to a project.
In 1999 that project was scheduled to cost $1 .3 million. When it
was presented, that's when The Conservancy became involved with it
because it did affect mangroves and it did affect the Deltona
Settlement Agreement, and we were now able to secure support from
The Conservancy, and so the project basically has been in limbo ever
since then.
We're in the phases now of looking to redesign. We've projected
-- and a matter of fact, there was a letter on record sent to your County
Manager back in 2009, late 2009, where we have that projected on our
CIP for fiscal year '18; 2018 is when we're scheduled to do the
redesign and to prepare a project to reconstruct the Goodland Road.
With that being said, I can answer any other questions that the
Commission may have. But I just wanted to reiterate that I'm glad that
Nick clarified that point about the million dollars that's been donated
or given to the City per year.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, just to go along with that, and
some of the Commissioners weren't here when this all happened, back
in 2002 there was as big ground swale going on, some problems upon
Goodland. Some people said keep the road. Because the County had
it under their jurisdiction, and then there were others. And later on I
learned it was prompted by a couple of the restaurants areas there who
were trying to get the road under the jurisdiction of the City of Marco.
Finally I called Bill Moss, who was then City Manager at the
time, and I said, Bill, you know, we'd like to keep this. But if this is
important to you and we want to make sure that we have good
relationships with Marco Island, I said you need to let me know.
And he said we really want to keep -- we want to get that road
under our jurisdiction.
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So then I believe it was Leo worked out an agreement with them.
He said well, give me the road and we'll give you the money to do it
and we'll give you a million dollars for 15 years, as long as you get
that road fixed. And you've only got three years left of that, by the
way, and that's far before 2018. And as long as you pay attention to
the Goodland people and fix that road for them. And as yet we
haven't seen anything happen.
And I'm sure that if you worked with The Conservancy --
because I've talked with Nicole, and there are ways that that can be
worked out. Unless you'd like to give us the road back.
CHAIRMAN HENNING: In interest.
MR. PINTER: Commissioner, I agree with you, your whole
scenario, I totally agree with that. And through the years we have
done maintenance on that road. We've done a significant amount of
maintenance. We've built a shared use bike path along it by grant
through FDOT to the tune of $117,000. Over the years we've
probably expended over $200,000 in general maintenance costs to do
potholing and resurfacing.
The problem with the road is honestly it's at sea level. And every
time there's a high tide and there's a northeast wind, water goes over
the road. It's been historically like that for -- since the road was
probably built in 1946, you know, and it's a hard situation to face.
Nick's comment about the water going over the road and
damaging the base and the subbase of a roadway is absolutely correct.
Totally correct. Our analysis shows that the road as it stands right
now is kind of floating. It just floats. And the stability of that is what
really drives the cost of the project, basically.
CHAIRMAN HENNING: I have a question.
So you -- correct me if I'm wrong. You stated when Marco
Island agreed to take over the road we were to give a million dollars
per year for general roads, but it happened in 2002?
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MR. PINTER: That's correct, sir.
CHAIRMAN HENNING: Okay. So probably the agreement
understanding was that you can use it on any roads in Marco Island
Districts.
MR. PINTER: That's correct. And it wasn't --
CHAIRMAN HENNING: But the emphasis was to repair the
road to Goodland. That's why that million dollars came into effect.
And now you're saying -- you're not saying in 2018 that you're going
under capital improvement, you're saying you're going into design
phase. You're going to budget for design in 2018.
That's unacceptable to me. Because it's public safety to the
residents within the City of Marco's District.
MR. PINTER: And maybe I misspoke or I misquoted. In 2018
is when we have it on our CIP for construction. So obviously the
design will happen prior to that.
CHAIRMAN HENNING: Okay, but you don't even know the
capital cost of it until the design is done.
MR. PINTER: That's correct. And we're going under the
information that we have right now, the $1 .3 million in 2009 dollars,
basically. We could be looking at a $2 million project.
And it depends on how we modify the plan, to elevate the
roadway without expanding into the mangroves. If I touch a
mangrove out there, I'm not going to get the support of The
Conservancy on any project out there.
CHAIRMAN HENNING: Well, okay, so it's 16 years out since
the agreement you're going to go under construction, assuming if it
stays on the Capital Improvement Plan for 2018. Twelve years, $12
million.
MR. PINTER: And if you read the agreement, you know, I'm
not an attorney, I didn't play one on TV or anything like that. But, you
know, the language in there reads for all roads and structures within
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January 28, 2014
the City of Marco Island, which includes all the traffic signals, all the
bridges, everything that the County turned over for our maintenance --
CHAIRMAN HENNING: But that turnover happened prior to
2002. The emphasis was on the road to Goodland. That's why we
entered into the agreement. And that's what the City Council and the
City Manager needs to focus on.
It is an agreement and I would hate to see that agreement come
back for reconsideration and then we get into who, when -- how
Marco Island is going to pay back that $12 million or whatever it is,
okay?
MR. PINTER: Yes, sir.
CHAIRMAN HENNING: Next speaker?
MR. MILLER: Your next speaker is Greg Bello. He'll be
followed by your final speaker, Nicole Johnson.
MR. BELLO: Hi. My name is Dr. Greg Bello, I'm the President
of the Goodland Civic Association.
I'm here in support obviously for this road being made safe, made
right without damaging any kind of natural habitat. We're all
interested in the habitat staying healthy. However, we are concerned
with the life, the safety of our residents.
If something was built today, you would require two access
points. I don't care if it's a Publix Supermarket, you would have a
point that could -- if it was to be obstructed, you would have another
access point to get out. When you build a house, you don't build one
door into the house, you build a door into the house but you also have
to have a window that's large enough for people to climb through to
get out in the event of an emergency.
Right now -- and we do not want any other access points,
obviously, but right now we're in a situation where we have a very
narrow access point that is float -- it's a floating road that is in the
process of deteriorating and at times is covered by water. Under storm
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conditions the road has been even further covered by water. And in
the event, with our aging population, that we have a life threatening
emergency, it would be very difficult for emergency vehicles to gain
access to these people.
So my position as the president of the organization is to look out
for the betterment of our people, our residents.
We're in very, very strong support of this. I've heard no
objections from any of the residents that have talked to me about it.
But we are needing your help to get -- to be our big brother to help
allow for this road to be made correct and safe and for the future of
our little island. We appreciate your consideration. Thank you.
MR. MILLER: Your final public speaker on this item is Nicole
Johnson.
MS. JOHNSON: Good morning. For the record, Nicole
Johnson, here on behalf of The Conservancy of Southwest Florida.
I think first it's very important to reiterate, this is not about
environment versus people or mangroves versus safety. It's about
doing it right.
And The Conservancy has been involved in this process for a
number of years. There are two main factors: The Deltona Settlement
Agreement, which is a legal agreement that does protect the
mangroves on both sides of that road. And the second factor is finding
that right balance for a solution. You just heard the previous speaker
say this road essentially is a floating road, and that's true.
So when we look at what the solutions are going to be, first of all,
we have to acknowledge an environmentally sensitive area. Those
solutions are going to maybe take a little longer, they're going to have
to be more creative and they eventually probably are going to be more
expensive to build. But it's much better to do it right the first time
than to have to go back and fix the problems layer. Certainly the two
die-off areas in that general vicinity are good examples of that.
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So in looking at finding this balance solution, I will disagree a
little bit with how Nick characterized it. The Conservancy has a
stronger role than simply we give feedback to the county or the city in
what they're doing. As a signatory to the Deltona Settlement, we really
are integrally involved in the process.
But we have found some good ideas that we think need to be
carried forward. It's not about just staying within the footprint of the
road and out of the mangroves, but it's also the compression factor
when you build a new road there. If water is currently moving
underneath the road, you need to understand what that flow is, how
the water is moving from one side to the other so that you don't disrupt
that inappropriately.
So step number one needs to be studying and understanding that
water flow. The City of Marco Island's natural resources specialist did
ask for a scope of services for such work and it came back, it wasn't
something that the city decided to pursue at that time, but it did come
back and I believe it was 13, $15,000.
So the city, the county, whomever, can really start that process to
understand the water which can then be built upon when the design of
the road comes forward. So we would courage that.
And also, we have been talking with Mike Barbush and some of
the Civic Association members, and we did have some maybe -- I
don't want to call it Band-Aid solutions, but sort of interim
step-by-step solutions for this. And there was a thought that where the
road is very low and it's tilted at an angle, maybe you go in and you do
some filling and fixing so it's a more even road. Again, after you
understand the water flow.
But we think there are solutions, we certainly want to be helpful
to the process, and we need to do it without impacting the settlement
or the mangroves. Thank you.
MR. MILLER: And that is your final speaker on this item.
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CHAIRMAN HENNING: Okay. I do have one comment.
In the agreement it says that we will give a million dollars a year
for the next 15 years. I think the letter needs to be changed to for
Marco Island City Council to have a commitment date and attach that
to the agreement that we have.
Because, you know, I never would have thought that this would
take so long. And obviously the road is not going to be $15 million to
reconstruct or reconfigure it or whatever. So I don't want to lose sight
of this. I want to make sure that -- I mean, we're living up to our
agreement. We need to know when Marco Island's going to live up to
their agreement.
You want to make that part of your motion?
COMMISSIONER FIALA: Yes, I sure do. Except that I'll
extend it even one further. Everything you said I just totally agree
with. But we ought to make sure that that commitment date, where the
road is completed, constructed and completed before our money runs
out. So that we know that it's being done and that they're using some
of that money to do it.
So they've got three years in order to do the studies. They've got
to study the flow, just as Nicole mentioned. And they have to get the
design in place and the permitting in place. And that's a lot of work to
get done, even in three years. But they've only got three years left.
And if we do it afterwards, or if we set a date but then the date is
2020, and then they'll say, you know, I'm just so sorry but we have so
many things to do on Marco, we don't have the money, and then what
happens to these poor people? So I think we need to put a date before
our money runs out.
CHAIRMAN HENNING: Okay. Is there a second to the
motion? City councilman, you know you're not a registered speaker.
COUNCILMAN PETRICCA: I know, but I'd like to just make a
comment, if I may?
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January 28, 2014
CHAIRMAN HENNING: Okay. Well, hang on.
Is there a second to the motion?
(No response.)
CHAIRMAN HENNING: I'll second the motion for discussion.
Now, let's have discussion on the motion. Any discussion on the
motion?
(No response.)
CHAIRMAN HENNING: Councilman?
COUNCILMAN PETRICCA: Yes, thank you, Chairman. I just
want to make the comment that I will intimately get involved in this
process and see what I can do to move it along. I know it's been
dragging for a lot of years. I'm a councilman now for 15 months and
I'm involved in a lot of things, but I commit to you that I will get
involved and within a couple of months we will have some sort of
information to give you feedback.
COMMISSIONER FIALA: And will that information be that
you'll have -- you know, the steps you'll take in order to have this road
completed before the money runs out?
COUNCILMAN PETRICCA: It's not -- well, the money may
run out or whatever, but I think Marco Island has a commitment here
that they have to keep. And I will try to insist, whether it takes longer
than that, I will take that Marco Island's going to have to fess up and
do the right thing.
CHAIRMAN HENNING: Okay. Well, we're going to get some
kind of response from the Marco Island City Council, and there may
be further action on this such as an agreement amendment or to
enforce the agreement. Okay?
No further discussion, all in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
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January 28, 2014
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #11D
RECOMMENDATION TO REJECT AN OFFER RECEIVED
FROM ASSET RECOVERY XVIII, LLC FOR THE SALE OF 305
ACRES IMMEDIATELY ADJACENT TO THE COLLIER
COUNTY LANDFILL - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 11 .D. It's a
recommendation to reject an offer received from Asset Recovery
XVIII, LLC for the sale of 305 acres immediately adjacent to the
Collier County Landfill.
Ms. Toni Mott, your Real Property Management Director, will
present.
MS. MOTT: Good morning, Commissioners. For the record,
Toni Mott, Real Property Management.
The delivery team and I are here to answer any questions you
may have in respect to this item.
CHAIRMAN HENNING: Is there any questions? Entertain a
motion?
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion to approve staffs
recommendations.
COMMISSIONER NANCE: Second.
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January 28, 2014
CHAIRMAN HENNING: Second by Commissioner Nance.
Questions by the Board?
(No response.)
CHAIRMAN HENNING: Seeing none, all in the favor of the
motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
COMMISSIONER FIALA: Good presentation, Toni.
MR. OCHS: Good job, Toni.
Item #11F
RECOMMENDATION OF APPROVING THE RANKED LISTS
OF FIRMS FOR REQUEST FOR PROPOSAL (RFP) #13-6164,
PROFESSIONAL SERVICES: ARCHITECT AND ENGINEERING
AND DIRECT STAFF TO BRING NEGOTIATED CONTRACTS
WITH THE TOP RANKED FIRMS IDENTIFIED ON THE
ATTACHED DISCIPLINE SHEETS TO THE BOARD FOR
SUBSEQUENT APPROVAL — APPROVED
MR. OCHS: Takes us to Item 11 .F on the agenda this morning.
That is a recommendation to approve the ranked list of firms for
Request for Proposal 13-6164, Professional Services, Architect and
Engineering, and direct staff to bring negotiated contracts with the
top-ranked firms identified on the attached discipline sheets to the
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January 28, 2014
Board for subsequent approval.
Ms. Price is available to answer questions or present, Mr. Chair.
CHAIRMAN HENNING: With pleasure of the Board, any
questions?
(No response.)
CHAIRMAN HENNING: Entertain a motion.
COMMISSIONER FIALA: Motion to approve this item.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Coyle.
I do have a question.
This is going to comply to our future purchasing policy; is that
correct?
MS. PRICE: Yes, sir.
CHAIRMAN HENNING: Okay. Because the executive
summary -- I mean, whatever the executive summary states, if it
doesn't comply to that purchasing policy --
MS. PRICE: It would have to be modified.
CHAIRMAN HENNING: -- it would -- the executive summary's
not going to be modified, it will just have to comply with the future
purchasing policy. Okay, great.
COMMISSIONER HILLER: I do have a question.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: With respect to these professional
services, there was tremendous concern by the local professional
community that some of the criteria used to select the firms, the
professional service firms, included criteria that local firms could not
satisfy, that these would be criteria that only, you know, large regional
or national firms could potentially provide, giving those firms an
unfair advantage in the selection process. Like for example, you
know, papers written and things along those lines.
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I brought it to Leo's attention and to Nick's attention when I
heard the concerns of the community, and I was assured that those
criteria would be removed to create an even playing field since, you
know, we're looking for technical competency and in fact local
vendors or local professionals provide the added value of having an
intimate familiarity with the local area, and as a consequence can even
oftentimes provide a higher level of service than the regional firms.
So not wanting to see them unfairly eliminated from the selection
process, I just want assurances that those criteria were in fact
eliminated.
MS. PRICE: Commissioner, the criteria you're referring to was
just one portion of the entire solicitation that was used to determine
qualifications. And in fact 81 percent of the firms that we're
recommending being awarded contracts are local.
COMMISSIONER HILLER: I know that one of the concerns
was raised -- actually, Mr. Barber, you're not registered as a speaker
on this, but there was one engineer in your firm that I spoke to, among
other engineers -- Commissioner Henning, would you mind if Mr.
Barber, who is an engineer come forward? And I'd like his input on
that process. Because I do have concerns about it.
I mean, if-- do you think it's fair as it stands right now? Could
you comment, Mr. Barber?
MR. BARBER: You put me in an awkward situation, since we
were selected in everything we submitted for.
COMMISSIONER HILLER: And I understand. But this whole
discussion about this matter doesn't go to your selection, okay.
MR. BARBER: I understand.
COMMISSIONER HILLER: And you are a member of the
professional community. And, you know, the discussions that we had
was when the criteria was established before any RFP went out or
anything like that. So I need to be sure, because I am very concerned
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about it. And the reason I'm concerned about it, so you understand,
Mr. Barber, is, you know, to the end of economic development
locally, you know, I do care about the fairness of local vendor
preference. And that goes to professionals.
And we are going to reevaluate how the local vendor preference
criteria will be used in the selection process for purchasing, because it
will be codified, you know, more appropriately than it is.
So I would like your input. Not as a vendor who's being selected,
but as a professional in the community.
MR. BARBER: I understand.
We took issue with the fact that papers published and service on
-- or officers and national committees, NSPE, ACEC, those types of
organizations, that's very difficult for a firm to do in South Florida,
because most of those national committees are in Washington and
Maryland and those places. So it would be very difficult for a local
firm to participate at that level.
I think participation in Florida Engineering Society and
participation in local government should be part of the criteria. If
you're giving back to the community, you know, that should count.
So I think the criteria could be modified and changed so local
preferences -- or local participation is recognized.
COMMISSIONER HILLER: I think that makes a lot of sense.
Would the Board support recommending that the County
Attorney consider modifying that -- not the County Attorney, but the
County Manager, who is our -- you are our lead purchasing agent,
aren't you, Leo? I didn't know you wore that hat 'til recently.
But I think it's really important. Because personally I don't see
where the benefit comes to see one of these firms sitting on some --
you know, the board of some national organization. We're not hiring
them to lobby, we're hiring them to work on, you know, local projects,
as I understand.
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So -- and, you know, publishing papers, as I understand, is also
one of the criteria. Or publications, if you will. And I just again don't
see where that will make a difference. So I'd like to see that changed
to follow suit with what Mr. Barber is recommending.
MS. PRICE: Commissioners, we did include all those things that
he recommended. We modified so that publishing papers have the
same level of points as being a member of the organizations that he
referred to. So we expanded that scope. Remembering that this is a
CCNA solicitation, local vendor preference is not permitted.
COMMISSIONER HILLER: I understand.
MS. PRICE: And we're looking for qualifications, so we're
looking for due diligence on how to determine that a firm has
qualifications.
COMMISSIONER HILLER: I understand. And I understand
that it's an RFQ.
My point is, is -- and I'm talking about -- I'm talking about the
local vendor preference ordinance more generally, because I have a
concern to that. And this is just -- I mean, we're dealing with local
vendors as it relates to the CCNA, but then we have also the issue of
the local vendor preference ordinance which we will be addressing.
And if I didn't make that clear, I want to make that clear.
But again, I want it narrowed the way Mr. Barber is describing. I
don't know what you have -- how you have specifically modified it. I
think what he described is very clear, and I would like to see it
modified as he is describing it here this morning.
MS. PRICE: And in the future not to accept papers or any of
those publications as qualifications?
COMMISSIONER HILLER: I don't think so. Why? It doesn't
benefit us. I mean, what matters to us are the criteria that make a
difference to how we are going to use these professionals. And, you
know, if they wrote papers on topics that have been published
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nationally that don't have anything to do with what we're doing with
them locally, why do we care? I mean, I'm not going to give them
credit for something that's irrelevant to the decision that I'm making.
So I agree with Mr. Basher that, you know, a contribution by
professionals within the State of Florida makes a difference. But these
national criteria, which they cannot in any way -- or more likely than
not participate in really gives these outside firms an unfair advantage
that is irrelevant to our decision-making process.
So I think in fairness it should be eliminated. And again, I'm
repeating myself and I don't want to say it again, but I'd like to see it
done the way Mr. Barber is recommending. And maybe my other
fellow commissioners would like to weigh in on that.
MS. PRICE: Is that the will of the Commission?
CHAIRMAN HENNING: Yeah, we're going to have that
discussion. I think Commissioner Nance has some input on that.
COMMISSIONER NANCE: Yes. Commissioner Hiller, I think
that's an excellent catch on this agenda item and I couldn't agree with
you more. I don't want to enlarge this agenda item, because
Commissioner Henning will rightfully correct me. But I believe --
COMMISSIONER HILLER: Because he wants to finish by
noon.
COMMISSIONER NANCE: I believe that criteria need to be
established -- I think our criteria need to be looked at in general, and I
think we'll get a lot more participation out of people that are really,
really good vendors, not just architects and engineering, but
elsewhere. I'll just -- I would certainly support any efforts to do that
and I think Commissioner Hiller is absolutely correct.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: This is a bit more complicated than
it appears. You wouldn't interview a prospective employee and
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disregard their experience gained outside of the State of Florida or
outside of Southeast -- Southwestern Florida.
The objective is to get the best qualified people to do the job.
And the qualifications of people are based on the things they do here,
as well as the things they have done elsewhere. And if their resume
adds sufficient quality to their qualifications, then they should get
higher marks for that. And if someone has worked in similar projects
in another state, in another agency perhaps, they should get points for
that. And we should add to, to the extent we can, we can't in this
process, but if they're a local vendor, we will add points for local
vendors just because they're here, so we give them a break.
But if we're going to get the most qualified professionals, you
really should not try to limit your consideration of qualifications to
just what they have done here in Collier County or Southwest Florida.
You're looking for the total educational experience and vocational
experience and what they've accomplished wherever they might have
been.
And I think it is a really bad idea to start trying to chisel away at
your ability to select the best qualified person merely to target it for
approving someone locally. I think that's just a very bad policy.
CHAIRMAN HENNING: Well, you can't apply local preference
in this one. So -- but can you apply local knowledge? I mean, I know
that --
MS. PRICE: Absolutely, sir, and we did.
CHAIRMAN HENNING: You did?
MS. PRICE: Yes.
CHAIRMAN HENNING: Okay.
MR. OCHS: The local firms are the ones that were
recommended for award. I think Mr. Barber just reiterated, they've
been selected for every discipline that they submitted a proposal for.
So again, as Ms. Price said, when you're dealing with CCNA it's
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a two-step process. First you select based on qualifications so you
have to have some criteria to determine the level of qualifications, and
then you come back and negotiate price and bring those contracts
forward --
COMMISSIONER HILLER: But they need to be relevant
qualifications. In other words, you said criteria which is relevant. So
if a national firm has published papers on issues which are not even
relevant to us locally and they were published in Washington D.C. or
Seattle, why should they be given any credit because it's not a relevant
qualification? It is as -- we are looking for the qualifications.
Mr. Barber, what's your position on this discussion?
MR. BARBER: I don't disagree with Commissioner Coyle.
Experience is experience, no matter where it happened. But I do agree
with the selection process as it turned out. It worked out all right.
Just to be clear, though, CCNA does not prevent selection criteria
of location. It does specifically say you consider location in the
CCNA. So I want to make sure that's clear.
COMMISSIONER HILLER: So I don't understand. So are you
now saying you don't have a problem with criteria of publications and
membership on national boards on issues that are irrelevant to what
we consider?
MR. BARBER: It depends on the amount of points you get for
that. If that experience is relevant to the work they're applying for,
then it should be considered. But --
COMMISSIONER HILLER: But I'm talking about if it's not
relevant.
MR. BARBER: No.
COMMISSIONER HILLER: So that is how it needs to be
tailored. I mean, obviously anything relevant should be considered.
But if it's not relevant, it shouldn't be a bonus.
CHAIRMAN HENNING: And I think what you're trying to say,
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this is just approving the request for proposals because of their
qualification. Now we're going to get down to the job detail.
So if you have somebody that wrote a paper or belongs to a
syndicated publication or whatever and it applies to that specific task,
that should be taken under consideration?
COMMISSIONER HILLER: Absolutely. And only if it's
relevant.
CHAIRMAN HENNING: Only if it's relevant.
Would that be simple direction above and beyond this approval?
COMMISSIONER COYLE: That's the way you do it now
anyway.
COMMISSIONER HILLER: No.
MS. PRICE: That's basically the way the process works. At this
point, this is our general contract so we've got, you know, as many as
10 different firms on any one of the different disciplines, or will when
we bring those contracts back to you. And then it will be up to the
project managers to look at the firms that are on that list and
depending on the price how many of them they're going to go back to
and request their qualifications for that specific type of project.
And so at that point again it would only be qualifications and not
price. So again, they're going to be looking at the specific
qualifications that that firm has to do the particular project. You
know, right now we were looking at very general terms. When the
projects come up, we're going to be looking very specifically.
So if a specific firm has, you know, a tremendous amount of
experience in our type of land, soil, et cetera, they're going to have
more points than one maybe that hasn't worked in that particular area.
CHAIRMAN HENNING: Commissioner --
MS. PRICE: The aspect of the qualifications that Commissioner
Hiller's referring to was not just one single line item that was a yes or
not. It was part and parcel of looking at their background.
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COMMISSIONER HILLER: Well, obviously it should be. But
I don't mean that it's a single item that's going to make or break the
decision. You have to look at it in totality. But the weighting changes
if you consider something that, you know, a pool of your applicants
won't even qualify for and it is not relevant.
Because again, even if you're at that broader level, you still need
to be considerate of what they are applying for. And yes, I know, then
you tailor it even further to the specific job.
But I still have a problem with this, you know, overly broad
bonus points or points given for stuff that is not relevant to what our
needs are and create an unfair advantage to these large national firms.
MR. OCHS: Mrs. Chair, may I suggest that we continue to work
on this? This is -- these contracts are two-year contracts. We won't --
MS. PRICE: Five-year.
MR. OCHS: -- be doing this --
COMMISSIONER HILLER: Five-year contracts.
MR. OCHS: Five-year, I'm sorry.
So we won't be doing this solicitation for these services again for
a while. It gives us some time to continue to work on these criteria
with the --
COMMISSIONER HILLER: Well, if you would work --
MR. OCHS: -- professionals in the industry.
COMMISSIONER HILLER: Right, work with like the AIA,
work with the Engineering Association --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- representatives locally and the
local respected professionals and get their input.
MR. OCHS: We will.
COMMISSIONER HILLER: Because we want to be fair. And,
you know, we do want to get the best possible service, and we don't
want a result to be skewed by data that is not going to make the
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January 28, 2014
difference to us at the end of the day when the job gets done.
MR. OCHS: Understand. And let me say, over 80 percent of the
recommended firms I believe are local and we have very good
representation. We'll continue to refine that.
COMMISSIONER HILLER: Which is fine. If they're the most
qualified, that's fantastic. But again, it goes to the issue of the
relevance of the criteria and how it could potentially skew a decision.
MR. OCHS: I understand.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, let me try to find some
common ground here for everybody.
I think maybe -- Commissioner Hiller's point is well taken. I
think we need to be a little more focused. In the worst case scenario
you certainly don't want to have a numeric criteria where you establish
something that eliminates as potential vendor. I've actually seen that.
Not at this level, not for professional services, but down in operations
where you've actually disqualified somebody for something that I
really didn't think was that germane to the amount of work that was
being requested.
So I certainly support a review and I won't say anything else.
CHAIRMAN HENNING: Okay. There's a motion to approve
by Commissioner Coyle, I believe?
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: And then second by Commissioner
Fiala.
No further discussion, all in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
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January 28, 2014
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We only have one more item on our regular agenda.
COMMISSIONER HILLER: I think we should break for lunch,
come back and spend the afternoon talking about it.
CHAIRMAN HENNING: I totally agree with you.
COMMISSIONER COYLE: Spend an hour.
CHAIRMAN HENNING: Is there any objections to that?
(No response.)
CHAIRMAN HENNING: Okay, we are going to take a lunch
break and be back at 1 :00.
MR. OCHS: And you'll have Public Comments at 1 :00 and then
your Public Hearing.
CHAIRMAN HENNING: Yes.
(Luncheon recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Welcome back to the Board of
commissioners meeting.
We have public comments.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Yes, sir. Your next item is public comments on
general topics.
MR. MILLER: We have two registered speakers for public
comments. The first speaker is Garrett Beyrent, and he'll be followed
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by Bob Krasowski.
MR. BEYRENT: For the record, I'm Garrett Beyrent.
I was actually here to speak about agenda Item 16.11, which was
the expenditure of tax money, tourist tax money for the repair of the
draw bridge at Clam Pass. However, I took the CAT this morning, I
try tried to anyway, and after an hour and a half of waiting at the bus
stop I called and they told me the bus wasn't coming, it was broken
down. So I got here too late for the item.
And I'm not going to even talk about it now. I guess I'll have to
talk to Leo Ochs and reschedule it for another time, because it's too
voluminous to discuss. So I appreciate your time. Thank you.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker is Bob Krasowski.
MR. KRASOWSKI: Good afternoon, Commissioners. For the
record my name is Bob Krasowski.
Commissioners, as a resident of Collier County and a person
interested in understanding how my government really works, I attend
meetings like this Board of County Commission meeting and some
Advisory Committee meetings that relate to specific topics that I have
a particular interest in: The Tourist Development Council and Coastal
Advisory Commission. Mostly I focus on environmental projects and
issues that I see -- environmental projects and issues, because I see a
connection between a healthy vibrant environment and a healthy
population and economy. But sometimes other issues come up,
bringing me to the podium to express my concerns, as is this case
now.
At your December 10th meeting you voted to expend county
taxpayers monies to create some public/private partnerships. And that
was on agenda items from 10.A through 10.D, to a total of $350,000,
depending on what it is that actually comes about.
And 10,000 of that was to bring French companies to compete
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with our local state and national firms under the pretext of promoting
Economic Development.
At that time I registered my objections to funding private or joint
public/private organizations that don't require the same requirement to
operate in the sunshine that our County Commissioners and their
Advisory Committees must adhere to.
I have two other objections today. To this effort, number one,
the creation of this subterranean business effort is being guided by
Commissioner Hiller who is not a native of the United States, being
from Canada. And previously --
COMMISSIONER HILLER: I am a legal alien. Legal.
MR. KRASOWSKI: Previously -- please don't interrupt my
comments.
Previously expressed concern -- I have previously expressed
concern with -- over her familiarity with the values of our American
culture when she kept interfering with the free speech in regards to
public comment on -- in the public comment issue number seven that
I'm speaking under, and in public comments that followed various
issues throughout the agenda.
To -- number two is extending an invitation to bring 1,000
French companies to do business here. And even the presentation on
December 10th referred to Chinese companies that would take part in
some of this, when we ourselves Americans are vulnerable to losing
our position in world economy due to a shift in world economics.
There are tens of thousands of American veterans with skills gained
through their service that can be embellished with training to meet our
specific needs. Address -- we should address their integration into our
economy first.
The current efforts for veterans in Collier County is not enough.
Today I'm here to say make a request that -- and I'll finish. Two
sentences. Today I'm here to make a request that these agreements be
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rescinded until we can reorganize the effort to accommodate our loyal
patriots, unemployed veterans and to that degree I emphasize that my
measure of concern --
CHAIRMAN HENNING: Your time is up.
MR. KRASOWSKI: -- I must insist that all the meetings be
listed on future agendas.
CHAIRMAN HENNING: Thank you.
MR. KRASOWSKI: And I just wanted to say, I want the
meetings listed on future agendas so we can all become aware of
what's going on behind our backs. Thank you.
MR. MILLER: That was your final speaker for public comment.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you so much.
Bob, I'm just curious, are you suggesting that immigrants who
become U.S. Citizens should not have the right to run for office?
MR. KRASOWSKI: My grandparents are immigrants. I'm just
saying that some people --
COMMISSIONER HILLER: I'm an immigrant.
MR. KRASOWSKI: Yes.
COMMISSIONER HILLER: My parents were immigrants.
MR. KRASOWSKI: Many, many people -- just about
everybody here. I don't see many Native Americans.
But to your point, I'm saying that we should take care of the
people that are here first that supported and paid for this country and
defended it before we start bringing in slews of French people --
COMMISSIONER HILLER: Thank you so much.
MR. KRASOWSKI: -- that you seem to love so much because
you're French Canadian.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: Well, yeah. I'm actually Canadian
by birth and I'm Czech and Russian by descent. And I happen to be
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bilingual, but I happen to also speak more languages than just two.
So in response to your comment, the companies that are coming
over are looking to establish themselves here to hire U.S. workers.
And in turn what the French Government is doing with us is looking
for U.S. companies to go over there and have the opportunity to
expand their market by establishing themselves in France and work
with the EU.
It is a tremendous opportunity. It is something that we are very
honored to be a part of. The fact that the French Government selected
Naples as -- and Collier County as the gateway to not just this region
but to Florida and the Southeastern United States is really an honor.
And this will be a tremendous economic development opportunity.
And speaking negatively about it will do nothing to stop what will be
very positive in terms of hopefully job growth and the development of
more businesses here in Collier.
One company that most recently --
MR. KRASOWSKI: How about the Chinese companies?
COMMISSIONER HILLER: I have nothing to do with the
Chinese. Unfortunately that's not one of my languages and I'm not
working with the Chinese Government.
So as an example and this actually didn't come to Collier County
as a consequence of this initiative but is a French company that has
decided to establish itself here, is a subsidiary of VilMorin which is
the largest seed producer, if I'm not mistaken, in the EU, and they are
actually building a very large facility in Commissioner Nance's
District, and they will be hiring locals in the Agro Industry, which is
something we very desperately need.
So it is intended to be a win/win. And $10,000 is a de minimis
investment for the very significant return we hope to achieve. Thank
you.
CHAIRMAN HENNING: Okay, no more public comments?
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Next item is --
MR. OCHS: Your Advertised Public Hearings, sir.
CHAIRMAN HENNING: Okay.
Item #9A
ORDINANCE 2014-03: AN ORDINANCE AMENDING
ORDINANCE NUMBER 97-70, THE PELICAN LAKE PLANNED
UNIT DEVELOPMENT, TO ALLOW ON A RECREATIONAL
VEHICLE LOT AN ACCESSORY STRUCTURE WITH UP TO
350 SQUARE FEET OF AREA FOR COOKING, LAUNDRY,
STORAGE OR RECREATIONAL ACTIVITIES. THE SUBJECT
PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER
BOULEVARD (SR-951) IN SECTION 15, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 101 .3+/- ACRES - APPROVING CCPC RECOMMENDATION
OPTIONS #3, #4, #5, #6 & #7 — ADOPTED
MR. OCHS: Item 9.A. This item requires ex parte disclosure be
provided by Commission members. And all participants are required
to be sworn in.
This is a recommendation to approve an ordinance amending
Ordinance No. 97-70, the Pelican Lake Planned Unit Development, to
allow on a recreational vehicle lot an accessory structure of up to 350
square feet of area for cooking, laundry, storage or recreational
activities.
Subject property is located on the east side of Collier Boulevard,
Section 15, Township 51 south, Range 26 East, Collier County,
Florida. Consisting of 101 .3 plus or minus acres.
And Mr. Chairman, it would be appropriate to swear in
participants and then provide ex parte disclosure at this time.
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CHAIRMAN HENNING: Yes, all persons that signed up to
speak on this item is going to be sworn in to give their testimony, just
like the petitioner is. And then the Board of Commissioners is going
to give their communications on this particular item.
So anybody wishing to address the Board on this item that has
signed up, please rise and the court reporter will swear you in.
(All speakers were duly sworn.)
MR. OCHS: Mr. Chairman?
CHAIRMAN HENNING: Yes.
MR. OCHS: The agenda indicates that this item will be heard at
1 :30 unless otherwise noted. Due to the brevity of the agenda, I don't
know, I guess I'll look to the County Attorney to see if there's any
problem with moving forward at this time.
MR. KLATZKOW: I think if additional people come in and they
want to speak, we should take their speaker slips.
CHAIRMAN HENNING: Okay, we'll do that.
Ex parte communication by Commissioner Nance.
COMMISSIONER NANCE: Yes, Mr. Chairman, I've had
numerous emails, calls, letters, correspondence and backup materials
on this item.
COMMISSIONER HILLER: And I received a number of emails
and backup material on this item.
CHAIRMAN HENNING: I have received the Planning
Commissioners' packet. I spoke to staff on this item. I've received a
number of emails. One -- well, actually 79 from the petitioner emails
of support of this, which leads me to think and dig in to this item
more, so I will have more questions than normal.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
I spoke to a couple of the Planning Commissioners on this. I
spoke to residents. Actually, I had a meeting with some residents, and
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they gave me a tour through the place and explained things to me and
had things all taped out so I could see the sizes and so forth. I've had
many, many, many emails and correspondence and phone calls as
well.
So I've been working on coming up with a -- what I feel is a very
fair compromise for everybody, taking everyone's concerns into
consideration. Thank you.
COMMISSIONER COYLE: And I have received a large
number of emails and correspondence concerning this item. And I've
read the staff report.
CHAIRMAN HENNING: Okay. Now it's our customary (sic)
that the petitioner presents to the Board their wishes requested.
MR. THORNTON: Good afternoon, Commissioners. My name
is Chris Thornton, and I'm with the Law Firm of Goede, Adamczyk
and DeBoest here in Naples at 8955 Fontana Del Sol Way, Suite 100.
I'm here today representing the applicant, the Pelican Bay (sic)
Property Owners Association, Inc. That's a homeowners --
COMMISSIONER FIALA: Pelican Bay?
MR. THORNTON: Pelican Lake Property Owners Association.
Sorry. Thank you for --
COMMISSIONER HILLER: Wrong District.
MR. THORNTON: It's a community of 289 Motor Coach RV
lots down on the left side of 951 as you head South toward Marco
Island. And South of 41.
And I'm joined today by -- from my Board of Directors, Jerry
Brangenberg, the President, Ewing Gourley, the Secretary, Randy
Newman, the Vice President, Allen Hale, Director, Rick Medina, the
Treasurer. And we actually have a lot of residents here both pro and
con who intend to speak.
The short version of my presentation is that this PUD which was
originally approved in 1992 and last modified in 1997 authorized up to
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400 lots for TTRV use and it allowed a 100 square foot accessory
structure for storage and utilities and things like that.
The actual community that got built out, instead of being 400
TTRV lots was 289 I call them motor coach lots. It's a little different
than a TTRV lot. It's not a camp site, it's like a single-family
neighborhood except they park their motor coaches there. It's got very
nice amenities with a pool and a clubhouse and things like that.
The short version is they have gone along with this 100 square
foot accessory structure maximum for a period of years, determined as
a group that that was not enough size for their intended purposes, and
they wanted to ask for more.
We have a -- and they applied for 350 square feet. To go from
100 square foot to 350 square foot for their accessory structure.
I have a staff recommendation of approval. We had a
neighborhood information meeting on August 28th. We had a
Planning Commission meeting on December 5th. So I have a staff
recommendation of approval and I have a Planning Commission
recommendation of approval 6-1, subject to a number of conditions
the Planning Commissioners came up with, all of which the petitioner
is in agreement with. The main one being reduce the size from 350
square foot to 308. And it also counted in that 308 any covered porch
you would have, but it did not count your eaves.
So we're generally in agreement with all those, although
respectfully I don't want to not get that if I can.
The one condition that the residents have some issue with is the
one about the placement of the air conditioning units. The Planning
Commission felt strongly that because of the way these lots are
configured where you park your RV coach on one side and you have
your structure on your own lot, that you shouldn't put your air
conditioner behind your building so that it bothers your neighbor more
than it bothers you. Instead they want it to be on the front facing the
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road or the rear facing the lake.
And the community, at least the petitioner's position is, is that we
would rather have it behind the structure so that it faces the neighbor.
Each neighbor, under our documents and the way they're built out,
each neighbor has built their own vegetative buffer that is between
their motor coach and the subject lots' structure. So it's adequately
buffered. And we just basically ask for deletion of that condition. But
if it risks us not getting anything, we're willing to live with it.
I guess a little longer version is -- that's it. I've got a staff
recommendation, I've got a Planning Commission recommendation.
There were a lot of-- there were some letters of opposition
before the Planning Commission and they were dealt with very, in my
opinion, very deeply and in-depth at that meeting. The commissioners
conscientiously looked at all of them and addressed all of them by
imposing the conditions that they did. The commissioner, like I said
has agreed -- the applicant has agreed to all those conditions.
One point that I want to make sure I get across before I sit down,
and hopefully I'll have some time to rebut, I think we're going to have
some opposition today. But one point to keep in mind is that this
process, there's 289 lots and this was essentially a homeowners
association. They started talking about doing this more than two years
ago. And they had multiple meetings, town hall meetings, straw
poles, board meetings, and the original straw pole vote that they had
was more than 50 percent of the community wanted to go to -- to seek
either from 300 to 350. That was the popular size that they wanted.
They wanted -- more than half of this community wanted to go from
300 to 500. And so they actually ended up having a formal vote.
Under their documents they had to have a formal vote to come do this
process that we're in. And that vote resulted in a 77 percent vote in
favor of proceeding to seek 350.
It's not 77 percent of all residents, because that's not what their
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documents require, it's 77 percent of those who showed up that
constituted a quorum. So 77 percent vote in an HOA, an HOA in
condo law, the practice that I do primarily, and land use, that's a very
high vote in any HOA, to get 77 percent of the people at a quorum to
vote yes for anything. And in this community 77 percent voted to
proceed to seek 350 square feet.
So they already compromised to get to 350. A lot of the residents
wanted more. They voted no because they wanted more than 350. So
they compromised to apply for 350. They further compromised at the
Planning Commission down to 308. And basically we feel like 308 is
an okay number that we can live with. We're hoping not to get it
chopped down any further. There are people there with large lots who
could handle a lot more than 350 square feet.
The people who -- if this gets approved, the residents don't have
to build. If you don't want one, you don't have to have one.
Everybody does have a 10-by-10 100 square foot shed. If you want to
keep your 10-by-10 100 square foot shed, that's fine, you don't have to
build a larger structure.
So that's really the presentation. I think there's going to be some
-- hopefully a lot of people for it and not as many against it, but
they've all turned in theirs slips. And I'd like the opportunity to rebut if
that's allowed, Mr. Chairman.
CHAIRMAN HENNING: I think it is. I think we've done that in
the past.
MR. THORNTON: Thank you.
Any questions of me, I'm certainly willing to answer them.
CHAIRMAN HENNING: Yeah, I will have.
Questions by the Board?
COMMISSIONER FIALA: Yes, I have something, but I think
Commissioner Hiller's button was on first. But if you would like me
to, this is my district, I can go first?
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Okay, thank you very much.
Yes, I've been talking with everybody, I've listened to what
everybody's had to say and I've read all of the emails; even the form
letters I've read who was sending them.
And the thing I've heard very loud and very clear is that first of
all they value the beauty of their park. It's so beautiful with all of the
landscaping. And they're very concerned with that. And I don't blame
them.
As I listened further, I heard some other comments. So I came up
with this, and you can tell me what you think about it when the time
comes.
The 308 square feet, I know that there are some that would prefer
to have 250 but they could live with 308. Others that would prefer to
have 350 to 500 but they could live with 308. And I think that that's a
pretty good conclusion that the Planning Commission came up with.
So I would say let's go with the 308.
The second thing is screened-in porches. Now, I know that hasn't
been mentioned but I've heard it mentioned in different letters that I've
received. And one kind of concerned me. They wanted to build the
same size screened-in porch attached to the 308. I would suggest that
we -- if anybody wants a screened-in porch, that's great, but it should
be part of the 308, not in addition to the 308.
Then the third thing is this structure, and I'm adamant about this,
can have no bedrooms and can have no bed. That's to make sure that
nobody violates having guests and so forth stay over and they begin to
use this as a guesthouse.
The fourth thing is it cannot be a place of business. I'd never
thought of that. Of course you can use your computers in there and
stuff like that. I mean, everybody's going to run their computers. But
you can't be manufacturing something in there or having people
coming off the street to come in and buy something. You know, you
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should not start a little separate business in there.
Another thing is about the air conditioners. I understand that
there could be a problem with either side, but it sounds like a pretty
good compromise to make sure that the neighbors on both sides are
being considered as well.
Now, here was another thing. And this is the overhangs, or the
awnings. And some of them that I looked at, the awnings, once you
attach it to a larger size, a 308, now all of a sudden vegetation has to
be cut down. Well, that isn't anything anybody wants. They want to
keep the vegetation. Because a lot of times the bushes that are
supposed to separate the two lots are only about five and a half feet
tall. I know they're supposed to be 10 to 12 feet tall but they aren't.
And so that vegetation really helps not only beautify the entire
community but also gives you other buffers, including buffers from
the sun.
So I would suggest to you that where you don't need an awning --
say for instance on the side of your coach house you have no windows
or anything, well, your trees would buffer that anyway so maybe you
don't need an awning there. So I would suggest put the awning where
they're needed, as long as it doesn't take the vegetation away.
So those are my suggestions for your consideration. And thank
you very much.
CHAIRMAN HENNING: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
I had some of the same concerns that you have, Commissioner
Fiala. The two important ones -- actually, all three are important, but
the two primary ones that I share with you are that this space not be
used as a guesthouse or for business, because it would dramatically
change the character of the community, and that would be very
concerning.
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The issue of the AC noise is a big one. For anyone who already
lives there, I can't imagine how horrible it would be to suddenly have
an AC unit backing up on their property and then not having the quiet
enjoyment, that, you know, use that they had anticipated earlier now
being taken away from them.
And I'll tell you, AC noise is very unpleasant. So doing what's
necessary to ensure that any additional AC unit is positioned so that
no neighbor is adversely affected by the noise, by the nuisance of the
noise, is extremely important.
My last question is with respect to that vote where you said you
had a 77 percent result, how many people did attend out of the total
population that could vote? What were the numbers on that? Rather
than the percentage.
MR. THORNTON: There's 289 owners. The vote was 169 to 48
to proceed to seek 350 square feet.
COMMISSIONER HILLER: To 48. So you had over 200 in
attendance at that meeting.
MR. THORNTON: 217 votes.
COMMISSIONER HILLER: Yeah, absolutely. So that is a very
-- that 77 percent is a telling statistic then. Thank you.
CHAIRMAN HENNING: Okay, my question, are these all
motor coaches within this community?
MR. THORNTON: I call them carriage homes or RVs. They're
the high-end very large -- they look like a bus. You drive them with a
steering wheel. They do not become permanently attached. You
drive them down from Michigan and park them here in season.
CHAIRMAN HENNING: Just from Michigan everybody's
here?
(Laughter.)
CHAIRMAN HENNING: That's not a bad place to be from but,
you know, keep that a secret.
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MR. THORNTON: There's some from Canada too.
COMMISSIONER HILLER: I think we need to call ICE.
CHAIRMAN HENNING: What is the smallest vehicle that you
have?
UNIDENTIFIED MEMBERS OF THE AUDIENCE: 26.
CHAIRMAN HENNING: How many square feet, 26?
MR. THORNTON: 26 feet long.
How wide are they.
UNIDENTIFIED MEMBERS OF THE AUDIENCE: All
depends on the amount of--
MR. BRANGENBERG: Standard road width.
MR. THORNTON: About eight to nine feet wide. As wide as
DOT lets them to be, and about 26 feet long.
CHAIRMAN HENNING: What's the average square foot?
MR. BRANGENBERG: Forty by --
CHAIRMAN HENNING: If the attorney recognizes you as your
MR. THORNTON: Mr. Brangenberg is the President of the
Association, he is signed up to speak. And yes --
CHAIRMAN HENNING: He is the petitioner?
MR. THORNTON: Yes, he is.
Go ahead.
CHAIRMAN HENNING: I'm looking for the square foot.
MR. BRANGENBERG: Each coach would be different because
they have glide-outs and these things. But I would say that the -- the
largest coach would be 45 feet. Normal width is -- the largest width is
102 inches -- yeah. So you take that and then you would add --
UNIDENTIFIED MEMBERS OF THE AUDIENCE: Up to 36.
MR. BRANGENBERG: You have glide-outs that are 36 feet
long by three foot wide, and then on the other side they may be 15
feet, two of them another --
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CHAIRMAN HENNING: Does anybody know the square foot?
UNIDENTIFIED MEMBERS OF THE AUDIENCE: About 450.
MR. BRANGENBERG: Not to exceed 500 square feet. We're
trying to give you the --
CHAIRMAN HENNING: Pardon me?
MR. BRANGENBERG: Nothing, sir. I'm listening.
CHAIRMAN HENNING: Okay. So the request is an additional
-- for each of the users, approximately 80 percent of the average?
MR. BRANGENBERG: That sounds fair; 60 to 80 percent, yes,
sir.
CHAIRMAN HENNING: Do all these have kitchens in them?
MR. BRANGENBERG: Do they all have? The --
UNIDENTIFIED MEMBERS OF THE AUDIENCE: Yes.
MR. BRANGENBERG: Not all of them -- oh, you mean the
coaches themselves? You're talking about the coaches or the
accessory building, the hundred square foot?
CHAIRMAN HENNING: No, the -- I hope they don't have
kitchens in those 10 by 10 sheds.
No, I'm talking about motor coaches for motoring vehicle.
MR. BRANGENBERG: Yes. That is our home away from
home.
CHAIRMAN HENNING: What would be the purpose of having
a second kitchen in a 400 square foot winter residence?
MR. BRANGENBERG: Well, you have to picture yourself, you
have a -- you have this motor home that has a very small work space.
You have your bedroom. That is your -- that's an efficiency. You
have limited cooking space inside.
Yes, we're asking to be able in these coach houses, because we'd
like to be able to entertain, we'd like to be able to cook outside of our
coach house. I mean, you know the mosquitoes we deal with, things
like that.
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Our motor home is nice for a husband and wife and maybe a
visiting grandchild. But when you bring four to six people over, that's
not the place to entertain. We need a place that we can get together
and enjoy our properties and enjoy the area that we have.
CHAIRMAN HENNING: You have a clubhouse on-site.
MR. BRANGENBERG: Yes, sir, we do.
CHAIRMAN HENNING: How big is that?
MR. BRANGENBERG: Oh, gosh, 20,000 square feet? 7,000.
But the -- I think we're limited by fire code of roughly 140 people we
can have in there for a dinner dance and whatever. We have a gym in
there and we have -- we use it for movies and things like that.
CHAIRMAN HENNING: Do you have a kitchen in there?
MR. BRANGENBERG: Yes, sir, we do. That kitchen is --
again, when we have events, we have dinner dances, we use that
kitchen for that.
CHAIRMAN HENNING: Those are for the use of the residents
only?
MR. BRANGENBERG: It's use for anybody: The owners,
renters, anybody that's currently residing at Pelican Lake.
CHAIRMAN HENNING: Do you have a laundry facility in it?
MR. BRANGENBERG: We have some for coin washer and
dryers, yes. But our coaches have, some of them have, some of them
don't.
CHAIRMAN HENNING: And that would be a typical use in as
storage shed, wouldn't it?
MR. BRANGENBERG: Yes, sir. In our 10-by-10 storage shed,
we have installed a stackable washer and dryer.
CHAIRMAN HENNING: Okay. I have questions for your
attorney.
Now, you said -- and I haven't gone through the PUD to find it,
you said you were approved for 400 units, 400 and some odd units?
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MR. THORNTON: PUD 97-70 allows for a maximum of 400
lots.
CHAIRMAN HENNING: Four hundred lots.
MR. THORNTON: We're built out at 289. And actually
Commissioner Strain figured out that there was 292 actually platted
lots, three of them are owned by the association and used for some sort
of storage and common use. So there's 289 lots owned by individual
lot owners in the community.
CHAIRMAN HENNING: And those other lots is for outside
storage?
MR. THORNTON: I'm not sure what they're using them for. I
think it's like boats and --
MR. BRANGENBERG: We created a storage area, and that's
strictly used for storage of our people's trailers that they tow behind
their motor homes. It's a storage lot.
CHAIRMAN HENNING: Storage lot, thank you.
MR. BRANGENBERG: Yes, sir.
CHAIRMAN HENNING: The -- now, are these -- is it platted
for 292 units?
MR. THORNTON: Yes.
CHAIRMAN HENNING: Is it platted that way?
MR. THORNTON: It is planted. There are four separate plats:
Pelican Lake unit one, unit two, unit three, unit four, yes.
CHAIRMAN HENNING: And you don't want to amend the
ordinance to reflect what's on the ground?
MR. THORNTON: I don't have any objection to changing the
400 to 290 whatever. If that's -- if that is helpful.
CHAIRMAN HENNING: Yeah, it just gives some surety.
Anyways, that was the question that I had. I do have some
questions for staff dealing with your existing PUD and the language in
it. So if there's no other questions for the petitioner?
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MR. THORNTON: Do you want me to respond?
COMMISSIONER FIALA: A couple from the one you just
asked about, about the 400 units versus the 292 or is whatever it is.
The 400 units, weren't they originally platted for TTRV's and --
MR. THORNTON: It wasn't platted. That was the zoning.
COMMISSIONER FIALA: Oh, I see.
MR. THORNTON: So it was zoned for 400 TTRV lots.
Actually it's the same exact zoning as Silver Lake, just to our north,
which is a TTRV park. And so we were zoned for 400, but when the
developer built it he only built 292 platted lots. The rest of it is lake
and clubhouse and all that stuff.
CHAIRMAN HENNING: Okay. Well, that proposes another
question. You have zoning -- you don't have straight zoning, it's a
PUD, right?
MR. THORNTON: That's right. I'm here today to ask to amend
the PUD.
CHAIRMAN HENNING: Okay. It's not a TTRV zone --
MR. THORNTON: It is a PUD.
CHAIRMAN HENNING: Okay.
I'm sorry, Commissioner Nance and then Commissioner Hiller.
COMMISSIONER NANCE: Yes, sir, I just -- I just wanted to
know a little bit about -- maybe you can't comment, but maybe you
can -- development trends on communities of this kind. Are these sort
of accommodations found elsewhere in communities of this sort,
upscale communities? Is this what's normally done? Or how would
you describe it relative to other communities?
MR. THORNTON: I'm definitely not the expert on that issue but
I'm sure many of your speakers have knowledge and thoughts on that,
sir.
COMMISSIONER NANCE: Thank you. And what I'll do is I'll
yield to the speakers to comment on their knowledge of other upscale
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communities or communities that they would consider to be similar in
character. Thank you.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I wanted to address your questions
about the use of this accessory structure.
I have a friend, a girlfriend who has one of these buses, RV's.
CHAIRMAN HENNING: Where at? Is it for rent? Is it down
in the Keys?
COMMISSIONER HILLER: No, actually at one point it was
parked in my driveway, because she couldn't find a nice place to park
it. But I now know where to send her.
No, she actually drives it -- she has a larger family, they have a
place in Wisconsin, and whenever they go back and forth they use it.
And I had the pleasure of being in that vehicle with her. And I
will tell you, if you are parked in that vehicle for an extended period
of time, you definitely don't want to be cooking there, especially for,
you know, friends coming over for dinner.
So I can very logically see why these people might like to have
an accessory structure where they could, you know, store stuff that
would, you know, give them a little more breathing space.
They are definitely luxury buses, they are very attractive, but
they are a very confined space. And if you do have more people
getting stuff out of that space and making it more livable does make
sense. So if this structure doesn't impose a hardship on the neighbors,
then it does make sense to allow it.
CHAIRMAN HENNING: I could see a need for a man cave, but
my concern is --
(Laughter.)
CHAIRMAN HENNING: My concern is --
COMMISSIONER HILLER: Girls, don't worry, we have
women caves too.
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CHAIRMAN HENNING: The spouse is going to be in the back
kitchen, okay, so -- just a joke.
COMMISSIONER FIALA: The women are in the kitchen and
the man is --
COMMISSIONER HILLER: It's a very bad one.
But Commissioner Henning, I do want to personally say that it is
a good idea to provide additional space if they are going to stay for a
longer period of time. But again, provided it's not a guesthouse and
provided that it's not used for business and provided that it's never
used in a way that disturbs the neighbors.
CHAIRMAN HENNING: Okay. That makes sense to me.
MR. THORNTON: Do you want me to respond to Ms. Fiala's
questions, or should I wait 'til later?
COMMISSIONER FIALA: I don't remember what questions --
CHAIRMAN HENNING: I don't think she had questions.
MR. THORNTON: Okay, thank you.
CHAIRMAN HENNING: I think that she's going to formulate a
motion after the public comments.
MR. THORNTON: Okay, thank you.
CHAIRMAN HENNING: Okay, we have a staff presentation?
MS. GUNDLACH: Good afternoon, Commissioners. For the
record, I'm Nancy Gundlach, Principal Planner with the Planning and
Zoning Department.
And staff is recommending approval of this PUD Amendment as
it is consistent with the Land Development Code and the Growth
Management Plan.
If you have any questions, it would be our pleasure to answer
them this afternoon.
COMMISSIONER HILLER: You look so happy, I thought you
owned one. I forgot that you actually worked for us.
CHAIRMAN HENNING: Questions by the Board? I have some
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January 28, 2014
questions, ifs nobody else does.
(No response.)
CHAIRMAN HENNING: Referring to the ordinance which is
being amended, it refers to the Growth Management Plan statement of
compliance where it says: Subject property is within the urban
residential designation identified in the Future Land Use Map as
required in objective -- objection one, policy one and policy three.
And of the Future Land Use Map.
And looking at this, David, because I know you can answer this
because you're the guru, I'm looking at Policy 5.3.
Part of it -- I don't know if it's 5.1 or 5.4 -- actually, it's 5.4 and it
refers it to in the statement of compliance in paragraph number three,
the project development is compatible and complimentary to the
existing future land use as required under Policy 5.4 of the Future
Land Use Map.
And I look at Policy 5.4 and it says: New development shall be
compatible and complimentary to the surrounding land use, subject to
meeting compatibility criteria of the Land Development Code.
And under the staff report I didn't see if this is -- meets our
Growth Management Plan. Or did I miss something?
MR. WEEKS: First of all, I'm David Weeks of the
Comprehensive Planning Staff for the county. And Mr. Chairman, I
was a few minutes late, I've not been sworn in.
CHAIRMAN HENNING: Oh, would you raise your right hand.
(Speaker was duly sworn.)
MR. WEEKS: Mr. Chairman, Nancy advises me that it is within
the staff report, staffs opinion that the petition is consistent with the
Growth Management Plan.
CHAIRMAN HENNING: And the provisions within the Land
Development Code?
MR. WEEKS: Yes, sir.
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CHAIRMAN HENNING: Okay. In TTRV zoning, and I know
this is a PUD, so it's not -- it doesn't have to comply -- correct me if
I'm wrong, doesn't have to comply to the TTRV zoning district; is that
a fair statement?
MR. WEEKS: That is.
I would add that just as you have commercial PUDs, you have
residential PUDs, you have industrial PUDs, any given PUD doesn't
necessarily conform to all of the provisions of the Land Development
Code for the respective zoning district.
For example, you might have a PUD approved for C-4 zoning
district uses, but it may not be exactly the same as the C-4 zoning
district. It may have some additional uses or some uses not listed. It
may have development standards that vary.
In this particular case, this PUD may not be exactly the same as
the TTRVC zoning district, but that would be the starting point when
the application is submitted. The staff-- I mean, this goes back
historic, but I was here, the staff perspective would be let's start with
the TTRVC zoning district and look at this PUD and see how it varies
from that zoning district as part of the determination of whether we
believe it's an appropriate petition, appropriate request or not. And if
they've asked for different development standards or some other
changes, different lot sizes, why. Provide some justification, provide
some explanation for why it's appropriate not to follow the TTRVC
zoning district.
And what occurred in the past was ultimately the Board of
County Commissioners in the past determined that the PUD as you see
it today was consistent with the Growth Management Plan, it was
appropriate with the development standards and uses listed therein,
and in fact was consistent with the Growth Management Plan,
including this Policy 5.4.
CHAIRMAN HENNING: Okay. In the past we had PUDs,
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either amendments or requests, that wanted to deviate from the Land
Development Code. This is not a deviation, because in the TTRV
Zoning District it allows for an accessory use not to exceed 60 feet, 60
square feet.
MR. WEEKS: Because that's specifically a zoning question, Mr.
Chairman, I need to defer to zoning staff.
CHAIRMAN HENNING: I do have another question of the
Growth Management Plan.
MR. WEEKS: Okay.
CHAIRMAN HENNING: Do you want to answer this question
about the zoning district requiring for not to exceed 60 square foot for
an accessory use?
MS. GUNDLACH: Commissioner, I have a copy of the Land
Development Code here right in front of me. And that 60 square feet
is for a storage or utility area. This is a little bit more than that, the
proposed structure. Just so that you're aware of that.
CHAIRMAN HENNING: Well, what would you consider it
then?
MS. GUNDLACH: It's just -- I would consider it to be
something that is more than a utility or storage area, because we have
cooking facilities in it. And the intent is to use it for other uses like
entertainment.
COMMISSIONER HILLER: Recreation.
CHAIRMAN HENNING: In the shed?
MS. GUNDLACH: In the accessory use that's proposed today.
CHAIRMAN HENNING: Okay. On paragraph five of the PUD
it says: The project development will result in efficiency economical
extent of community facilities and services required (sic). Under
Policy 3.1(H) through (L). Thank you.
COMMISSIONER HILLER: Can I see it?
CHAIRMAN HENNING: No, I want to see it first.
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I'm sorry I didn't have a chance to look that up. Are you familiar
with that policy, 3.1?
MR. WEEKS: Generally I can tell you, Commissioners, that the
policy --
CHAIRMAN HENNING: Maybe the question should be, with
this amendment does it affect that?
MR. WEEKS: I would say no, sir, it does not.
And I would further say just for the record, Commissioner, that
that policy that is referenced here does not read the same today as it
did at that time. It had more specificity at that time than it does today.
CHAIRMAN HENNING: That's why I had to dig out my old
Future Land Use Map instead of the existing one.
Okay, thank you.
Any questions from staff?
(No response.)
CHAIRMAN HENNING: If not --
COMMISSIONER HILLER: I want to look at this before I -- to
make sure there's no questions.
CHAIRMAN HENNING: Okay.
I would imagine this would have to be conforming to our FEMA
code. Wouldn't that be a correct statement, Leo?
MR. OCHS: I'll have to ask staff, sir.
COMMISSIONER COYLE: If it has toilet facilities in it, it does.
CHAIRMAN HENNING: Well, it has a kitchen facility in it.
MS. GUNDLACH: I was told to just say yes.
CHAIRMAN HENNING: Corning from a male, too.
COMMISSIONER FIALA: You're in rare form today.
COMMISSIONER HILLER: I'd like to suggest that we
introduce this on the record.
COMMISSIONER FIALA: It's already --
COMMISSIONER COYLE: It's in your backup.
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COMMISSIONER HILLER: Oh, is it? I didn't see it.
But maybe you want to put it on the overhead so everyone else
can see it.
COMMISSIONER COYLE: That's just an example.
COMMISSIONER HILLER: Yeah, I know.
CHAIRMAN HENNING: You know, the disappointing part,
Chris, is your client decided to on behalf of certain residents make a
statement, the same statement. The problem is I could not
communicate with the person (sic) allegedly made that statement.
Came from one staff member from the association. And I'm very
disappointed in that.
You know, we encourage -- we encourage communication under
the process of PUDs and PUD amendments. It's not a campaign.
Okay?
COMMISSIONER FIALA: Campaign to make them larger, you
mean, or something?
CHAIRMAN HENNING: Yeah, the -- we all received these.
And it was from Pelican Landings -- no, Pelican Lakes. It actually
was from Hope somebody.
COMMISSIONER FIALA: Oh, yes.
CHAIRMAN HENNING: That to me, I'd rather have somebody
hand me a petition these are all the people in favor of it. But when
they send me a correspondence representing a person, I can't question
that person. That's all. Besides it fills up my air box and I can't take
care of other things that comes in. That's my editorial.
We have how many speakers?
MR. MILLER: We have 31 registered public speakers for this
item.
I'm going to ask that the speakers use both podiums. I'll call two
names at once, the first speaker and the speaker that will follow him,
him or her. If the following speaker will go to the other podium we
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can keep this moving.
Your first speaker is Ronald Newhouse. He'll be followed by
Paula Turner.
If Ms. Turner could wait at this podium.
CHAIRMAN HENNING: Hang on just a minute, please.
COMMISSIONER HILLER: Under consideration to
Commissioner Fiala's end, you know, about this being used as a guest
house or a business, as I'm looking at this layout is maybe a stipulation
that it can't be occupied unless the coach is there.
Because, you know, the worst would be, for example, the coach
leaves, people go up, they've got this house and suddenly you see a car
parked there and someone using this, you know, as a guesthouse.
COMMISSIONER FIALA: Yes, I think that that's fair to put in
there. I think that that should be included.
Yes, I know it's a gated community, but still it's a good idea to
have it there.
CHAIRMAN HENNING: Okay.
MR. MILLER: Mr. Newhouse?
COMMISSIONER HILLER: Just so the community doesn't
become transient.
CHAIRMAN HENNING: At the end when I close the public
hearing, we're going to formulate a motion and Chris reflected on
Commissioner Fiala's comments, I'm sure staff and you can assist,
make sure that this document reflects -- this amendment reflects the
Board's wishes.
Go ahead, sir.
MR. NEWHOUSE: Yeah, Ronald Newhouse, 4432 Southern
Breeze Drive, Pelican Lakes.
COMMISSIONER HILLER: Are you Canadian?
MR. NEWHOUSE: Pardon?
COMMISSIONER HILLER: Are you Canadian?
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MR. NEWHOUSE: No, I'm not. I'm a Hoosier. If that helps
you any.
COMMISSIONER NANCE: That's almost Canadian.
MR. NEWHOUSE: We're up there a little ways.
COMMISSIONER HILLER: Not quite.
MR. NEWHOUSE: We tend to feed the country is what we --
we raise a lot of corn and beans.
Yeah, I'm one of the directors on the board. Had the opportunity
to serve the people. And so due to the majority that I have talked to
are in favor of the motion, and -- to going on with it. And I believe we
also have a provision that no, if your bus isn't there, you're not allowed
to stay in that. That's a no-no.
COMMISSIONER HILLER: That's great.
MR. NEWHOUSE: We don't allow that. And so --
MR. MILLER: Your next speaker is Paula Turner.
MS. TURNER: I'm not sworn in, I'm just here to represent being
in favor of the 308.
MR. MILLER: Your next speaker is Linda Hale. She'll be
followed by Ruthie Shekell.
MS. HALE: Yes, my name is Linda Hale. I am the owner of lot
4488 and I am in favor of the 308 that has been submitted to you for
approval.
Also would like to add, as a woman -- especially to the Chairman
-- the washer and dryers in our coaches have space for -- mine does,
for about two items. And if we used our washer and dryer in our
coach every day we would be washing from morning to night. So
that's the reason why we were asking for laundry privileges and
cooking privileges in the coach house. Thank you.
MR. MILLER: Your next speaker is Ruthie Shekell. She'll be
followed by Ewing Gourley.
MS. SHEKELL: I'm Ruthie Shekell, 4987 Coach Lane and I am
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in favor of the coach house.
MR. MILLER: Your next speaker is Ewing Gourley. He'll be
followed by Bob Hale.
MR. GOURLEY: Good afternoon, Commissioners. My name is
Ewing Gourley. I am an owner of two parcels at Pelican Lake. I'm on
the Board of Directors, and the secretary of the corporation.
We have worked long and hard in trying to come up with this
type of amendment to our PUD.
And Commissioner Nance, you asked about whether or not this is
a trend across the country. And it appears that it is in new
developments.
We have up by -- in Hendry County we have a new development
going on up there called River's End. And they have -- I mean, they
bulked out accessory structures. They have a 578 square foot house, a
garage attached to that and then a big screen porch. And I think it all
adds up to about 1,580 square foot of structures on lots that are smaller
than ours.
COMMISSIONER HILLER: Wow.
COMMISSIONER NANCE: And how large are your typical
lots?
MR. GOURLEY: Our typical lots average 5,400 square feet. If
you went to do a medium size, they're 5,400 square feet. The smallest
lot is 3,850 square feet; there are 44 of those. Then it jumps to 4,400
square feet. We have one lot that's 15,000 square feet. We have a lot
of lots that are between 5,300, and half the lots are above 4,500 on up.
Half the lots are 3,850 and 4,400.
And so we -- when we were before the commission, the Planning
Commission, Commissioner Ebert remarked that, you know, it looks
like your lots are like residential size. And they are. If you look at
Land Development Code for cluster residential, you'll find that our
lots are bigger than theirs. They start at 3,000, and so we start at
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3,800.
But it's definitely a trend to try to get better outside use from (sic)
your RV, especially when you're on a big lot. And we need to escape
from the mosquitoes and no-see-urns, if we can. And hope that you
will approve our amendment. Thank you.
MR. MILLER: Your next speaker is Bob Halle. He'll be
followed by John Shekell.
MR. HALLE: It's Bob Halle.
MR. MILLER: I'm sorry.
MR. HALLE: That's okay.
5004 Coach Lane. I'm very much for the approval of the
amendment to our PUD. I have a daughter who's Canadian.
COMMISSIONER HILLER: Yes.
MR. HALLE: And my wife --
COMMISSIONER HILLER: I hope she considers running for
office some day.
MR. HALLE: My wife would really like me to have that man
cave so I get my phone calls and computer out of the coach.
MR. MILLER: Your next speaker is John Shekell. He'll be
followed by Randy Newman.
MR. SHEKELL: Good afternoon, Commissioners.
I'm a Heating and Air Condition Mechanical Contractor from
Southern Indiana, just a little lower than Michigan. But I wanted to
speak to the noise pollution with the new technology that we have
available today in the heating and air conditioning market.
Mitsubishi, I think everybody's heard of Mitsubishi
Manufacturing Company, they're --
COMMISSIONER HILLER: Can you speak in the mic, please.
MR. SHEKELL: They're absolute geniuses. And they have
developed a product called a ductless split, which is a heat pump and
air conditioning system. And they're just fantastically quiet. My
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company has installed hundreds of them.
COMMISSIONER HILLER: And you're going to donate them
to everyone who's --
(Laughter.)
MR. SHEKELL: Well, you know.
(Applause.)
COMMISSIONER HILLER: Hey, I'm just pumping up business
for you. Think of the tax writeoff.
MR. SHEKELL: I love your attitude, but could we leave the
donate part?
No, actually, I'm going to stay out of that. I'm going to let these
guys buy their own and buy the one they want.
But what I wanted to speak to is the DB rating, decibels. And
I've got a little handout, if I could approach when I'm finished with my
spiel here, if that's all right. I'm going to give everybody one of these
that shows the common decibel rating and then it gives you the
information on the unit I'm speaking about.
They use a new inverter technology. It's called soft-start
technology. You don't hear this compressor start. I mean, these things
are just absolutely amazing.
And also I wanted to say that even the people who aren't going to
do the new accessory building would be interested in these, because
they will mount in the utility space behind the building and they will
not offend the neighbor. I can guarantee you. When you read the DB
ratings, it's at a normal voice conversation on the high end of the heat
pump scale. That's just running.
COMMISSIONER HILLER: I want that information for my
bedroom.
MR. SHEKELL: I'm going to bring it up. Well, we'll do that.
You know, you don't want me coming from Evansville, but --
COMMISSIONER HILLER: No.
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CHAIRMAN HENNING: Sir, you could just give that to Tim,
and he'll give it out.
MR. MILLER: Your next speaker is Randy Newman. He'll be
followed by Rick Medina.
CHAIRMAN HENNING: Is the gentleman all done?
MR. SHEKELL: Well, I did have one other comment, if I could.
What my point is, we want these behind the building in the actual
space where the window unit which -- does anybody have a noisy
window unit in here? Do you hear your neighbor's window unit?
UNIDENTIFIED MEMBERS OF THE AUDIENCE: No.
MR. SHEKELL: This is much quieter than the existing window
unit, believe me.
Thank you so much.
MR. MILLER: Your next speaker is Randy Newman. He'll be
followed by Rick Medina.
MR. NEWMAN: Randy Newman, 4800 Corian Court. I'm the
Vice President of the Association.
I'd like to make two points. The first point I'd like to make would
be to reiterate what Chris told you in his opening statement as to the
extent. Over the last two years we have tried to involve our members.
Multiple surveys, multiple meetings, time and time again, and we
think that we all compromised in a very good way in this thing to end
up at the 350. Planning and zoning has put us at the 308. At our last
Board meeting we took a hand vote as to how everybody felt about the
308. There were 80 or 90 people there. All the people raised their
hands. I mean, nobody raised their hand in objection to it except for
one person. So everything was unanimous again.
The other point I would like to make is to address Mr. Nance's
question about is this happening all over the country. When we ran
for the Board, the questions that were asked me were, well, what are
you going to do to improve our property values? Well, this was sort
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of the birth of the idea of the new coach houses.
Over the period of time we've come to learn that all over the
country, from here to Michigan to California and all points in between
you're getting real high-end Class A coach resorts. Pelican Lake in
the past was known all over the country as the nicest one in the
country. But without the amenities, without keeping up with the
amenities of these other resorts, we have lost that connotation
throughout the country.
I own two lots at Pelican Lake. One's for sale, and the person
that's willing to buy it is waiting on your decision on these coach
houses. And if we don't get them, he's going elsewhere. So come on.
(Applause.)
MR. MILLER: Your next speaker is --
COMMISSIONER HILLER: Oh, great, my girlfriend will come
and buy it. Mr. Nance just pointed that out.
MR. MILLER: Your next speaker is Rick Medina. He'll be
followed by Jack Billings.
MR. MEDINA: Good afternoon. My name is Rick Medina. My
wife and I own a lot in Pelican Lake, 4722. We appreciate the
opportunity to speak to you. We certainly do beseech you to grant us
this 308 today. It is going to better our lifestyle here, there's no
question about that.
In speaking with our realtor, there's no question that it's going to
increase. And probably the best shot we have of increasing our
property values. Thank you so much for your time and please stay
with us.
MR. MILLER: Your next speaker is Jack Billings. He'll be
followed by Linda Halle.
MR. BILLINGS: Good afternoon. My name is Jack Billings, at
4999 Coach Lane.
I just want to go on record as saying I absolutely love Pelican
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Lake. We discovered this five years ago, were renters for a couple of
years, and the last three years we have bought two lots and are very
proud of them.
My coach house is 10 by 10, like everybody's. It was built in the
late Nineties. It has a stack washer and dryer, has a toilet, has a full
vanity with sink and has a shower. And we love our coach house as
well. But it's tired. So I cannot ask stronger of you people to please
accept the petition, the --
CHAIRMAN HENNING: Request.
MR. BILLINGS: Request, whatever.
It is -- as you know, this process has taken a long, long time and I
am begging you to approve it. There's a small portion --
COMMISSIONER HILLER: So you don't have to come back.
MR. BILLINGS: I'm sorry?
COMMISSIONER HILLER: So you don't have to come back.
MR. BILLINGS: Well, as you know, it has taken a long time.
Almost as long as I've owned lots here. And there's a little bit of
dissention in the community, and I feel like it's fracturing it, and I beg
you to put this issue to bed and vote favorably. Thank you.
MR. MILLER: Your next speaker is Linda Halle. She'll be
followed by Jamie Butt.
MS. HALLE: Hi. I'm Linda Halle, 5004 Coach Lane.
And I stand by the amendment to the PUD. And we need the
increased size. I really want to get my husband out of the coach so he
can speak to our Canadian daughter from the coach house. I want -- I
think this is only going to increase the value of our area and we need
to stay current. We have to do that. And I think that it's going to
really behoove us to go along with the trends today. And I want
everyone to be happy again and hope that all of this is settled. Thank
you.
(Applause.)
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MR. MILLER: Your next speaker is Jamie Butt. She'll be
followed by Jim from 4874 South Breeze Drive. All I have is Jim.
MS. BUTT: Well, it's Jim Butt. He belongs to me.
I'm Jamie Butt at 4874 Southern Breeze Drive. And you can tell
I'm from the south and I really need a Paula Dean kitchen. And so I'm
asking you to please vote in favor of the enlarged coach houses.
Thank you.
MR. MILLER: Your next speaker is Jim Butt, and he'll be
followed by Craig Jersen (sic).
MR. BUTT: Jim Butt, 4874 Southern Breeze. I belong to her.
Also, I can help you out here. I'm part Indian, so maybe I can
represent one of the tribes around here.
COMMISSIONER FIALA: I like it.
MR. BUTT: So anyway, I am heavily in favor of the proposed
amendment. Jamie and I have been owners for five -- well, three
years we've owned in Pelican Lake, two years we were renters. We've
had an opportunity to be blessed. We've traveled around the country.
I retired a couple of years ago. And it is a fact that the new
developments are including these structures. Basically twice as big as
what we're requesting of your approval today.
So I hope and encourage you that you give us the authorization
for the 308, as most of the people, 78 percent in the park, have voted
in favor of Thank you.
MR. MILLER: Your next speaker is Greg Jerser. I hope I'm
saying that right.
MR. JENSEN: Greg Jensen.
MR. MILLER: Greg Jensen.
MR. JENSEN: I have really bad penmanship.
MR. MILLER: He'll be followed by Hope Medina.
MR. JENSEN: We're new to the Pelican Lake situation. We
have two lots there.
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And first of all, for people I haven't met yet, I think this is the
greatest, most unique friendliest neighborhood that still exists in the
country you can find today. So thank all of you for your hospitality.
It's an amazing group of people.
(Applause.)
MR. JENSEN: I mean, it's just good morning, how is everything
going. And then why I really think it should be approved is the people
of course are in favor, but nobody has to do this if they don't want to.
They can stay exactly the same.
But I think what's so unique about each one's lot, it reflects their
own unique personality. Design it the way they want; all the buses
aren't the same size, the furniture is all different. And just allow this
incredible group of people to improve their lot that they own, that's
deeded that they paid for and pay taxes on any way they want to be.
After all, that's why we live in the great State of Florida and the great
country we live in. So please vote yes.
(Applause.)
MR. MILLER: Your next speaker is Hope Medina.
MS. MEDINA: Hi. I'm Hope Medina. I reside at --
MR. MILLER: She'll be followed by Elizabeth Newman.
CHAIRMAN HENNING: Is this the Hope that sent me all those
emails?
MS. MEDINA: No, absolutely not. Sorry about that.
Hope Medina, 4722 Southern Breeze Drive.
I feel very privileged to own a lot at Pelican Lake, and I strongly
am in favor of the amendment put before you. And I really, really
would love a slightly larger coach house. 308 would be wonderful.
Thank you so much.
MR. MILLER: Your next speaker is Elizabeth Newman. She'll
be followed by Wilber Persel. I'm sorry. 4751 Southern Breeze. I'm
having a hard time reading this.
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MS. NEWMAN: I'm Elizabeth Newman, 4800 Corian Court.
And I very much am in favor of the larger coach houses. And
my only disappointment is that there won't be a bed allowed in there
because on nights when my husband snores it would be great to be
able to either send him out there or I go out there.
But I'm fine with it. And I just hope that you will approve our
larger coach houses. Thank you.
CHAIRMAN HENNING: Send him to your neighbor's house.
MR. MILLER: I'm not even going to try to pronounce this again.
But you'll followed by. Robert Amory.
MS. PERSCH: And this is Rita Persch, not Wilbur Persch. And
we have been owners for 10 years, and we definitely need the
improvements.
If you take three couples and bring them in your coach and it's a
cold wet night and you take three big boys, there's no room. So we
need to get them outside and enjoying the elements. Thank you.
MR. MILLER: Your next speaker is Robert Amory. He'll be
followed by James Robellard.
MR. AMORY: For the record I'm Robert Amory. I'm a
long-term owner at Pelican Lake. Previously served on the board of
directors.
I'm one of the few that have asked a lot of questions about this
proposal. Probably some have characterized me as being against it.
I'm not really against larger coach houses. I think we do need
larger coach houses. We have lots of toys, we have lots of equipment.
There's limited space to store that in the motor home. And a larger
coach house would be very efficient. And I think I agree with the
others here who say that that is a fairly current trend in the industry
and would improve our property values.
My concerns have run to two things: One, overcrowding on the
lots. Clearly 308 is -- will be adequate and it can be accommodated
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by a number of the lots. However, there are many of the lots, as we
heard earlier, that are under 4,000 square feet. When we put a larger
coach house on, 400, 500 square foot for a motor home, picnic tables,
outdoor kitchens, motorcycles, cars, the lots become over crowded.
My concern also runs to the fact that considerable vegetation
may have to be removed, and it is one -- in my estimation is one of the
key attributes of Pelican Lake. And that's one of the things I have
tried to -- would like to see preserved in the final decision that is made
here.
So those are my comments, and I respectfully request that the
Commission undertake to approve an amendment increasing the size
of the coach houses but with appropriate conditions. Thank you.
MR. MILLER: Your next speaker is James Robellard. He'll be
followed by Howard Potter.
MR. ROBELLARD: James Robellard, 4881 Southern Breeze
Drive.
And I am also a former board member and former president of
the association. And I have been characterized in the many emails
that you got as one of the opposition.
My concerns have never been in opposition to enlarging it. I
think we need it. There's no opposition to that. The issue is how you
implement it. And is 308 or 350 the appropriate size? I think that
Chairman Strain came up with a good resolution at 308 with those six
stipulations.
But in every board presentation to owners, all we've seen is these
types of drawings, which leads you to looking at it as a guesthouse.
And, you know, that falls under your LDC 505.03.03. That's really
what they're asking for.
And so anything we do here needs to have some very strict
guidelines and implementations. And I would urge you to make those
strict so that we don't have to be the judge. While we have an
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architectural set of guidelines and we have an architectural review
committee, it's very difficult for them to enforce those. We don't have
those kind of provisions under 720 in the Florida Statutes to enforce
those. And so anything that you can do to make this, you know, as
clear as possible and leave for less wiggle room, if you will, that
would be helpful.
I agree with Bob, what he said. You know, my issue has been
there are lots that could certainly have a 350 square foot. And I've
been a proponent of trying to do it on a percentage basis. But I don't
think you can do it on -- the people have resisted the percentage thing.
Which kind of leaves you to -- when you have a smaller lot, and I
happen to be one that has a smaller lot at about 4,400 square feet. 350
or 308 becomes rather large. And so that's where I get down to
shouldn't it be perhaps a range of 200, 250, 300, depending on the size
of the lot, but don't leave that the up to the discretion of an
architectural review committee, make that a mandated thing.
And then the final thing is of course the impact of traffic. When
you have a lot of guests you have a lot of entertainment. Our
driveways are rather small, you know, so that you would need at some
point to consider traffic. And I don't think staff really considered, you
know, what are you going to do with all the parked cars.
When we looked at expanding our clubhouse from the 7,000
square feet, the county asked us to add 23 parking spots. In this sort
of situation we would then, you know, maybe for every four new
coach houses, you add one parking spot so that offsite parking can be
accommodated.
So thank you for allowing me to comment.
MR. MILLER: Your next speaker is Howard Potter. He'll be
followed by Doug Williford.
MR. POTTER: Good afternoon. My name is Howard Potter,
and I am one of those people who objected. But I want to make
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something extraordinary (sic) clear. We were never in opposition of
larger coach houses. Never. We were always in opposition to the
size. And the size was the only thing that we were objecting to.
I want to bring to your attention that we sent many letters, we had
numbers of discussions with staff because what we voted on back
when we approved 350 square feet, unbeknownst to probably
everybody in the park, we voted on 450 square feet of accessory
structure because it left the current 100 square foot structure on the
property. And that was a huge objection on our part. Because the
property would never accept 450 square feet.
Now the board did come back and say whoops, gee, we made a
mistake, I guess. And that was taken down to the 350 which we felt
was too large for the majority of lots. Again, we felt very strongly
that a percentage, let's say five percent of a lot not to exceed 350
square feet up to 350 -- not to exceed 250 up to 350 would have
satisfied most people. However, the Planning Commission said 308.
Frankly we can accept that. We would very much want to see you
commissioners go ahead, go forward with this and approve the
amendment. Thank you so much for your time.
MR. MILLER: Your next speaker is Doug Williford. He'll be
followed by J.W. Schwarszchild.
MR. WILLIFORD: Commissioners, I'm Doug Williford. I have
a lot -- my wife and I have a lot on 4797 Southern Breeze. I'm also a
resident of Collier County and Marco Island. We've owned a lot in
Pelican Lake for seven years. We've actually owned two different lots
there.
I'm also part of what they call the opposition or dissenters, even
though I was not a dissenter to larger coach houses. I was also on the
board.
And what's happened is, is that when you're talking about RV
spots, you're talking about a lifestyle, and you're talking about people
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who are traveling to one place and go to a place and most of their
living is done outside. And unlike hotels or condos, you really never
get to meet your neighbors and friends. And that's what's so great
about RV'ing is that when you're outside it means you welcome guests
and visitors to come by. And you see that an awful lot. So I'm for
that. And because of that at the park -- and Donna, thank you so much
for coming and seeing what a lot of people have done to make it
beautiful is that people come by, and they're very friendly. You know,
I kind of took offense the fact that I was considered opposition,
because I really wasn't. We actually looked at it when I was on the
board to increase the size.
The thing I would say is we don't want to fill our lives up for
people who are living inside either in the coach or their coach house
and, you know, they need to have a place to store stuff when they're
not there. This cannot be living quarters.
You know, I can tell you personally because I have a lot of
people in my life, when we're out there most people grill out. When
the you're there, it's good to have a bathroom other than your coach
where people run in and out of when you're grilling stuff.
So, you know, I'm for that. And I'm not really for the 308 but I'll
compromise to the 308. And I probably won't even change mine, to
be honest with you. But, you know, please approve the 308 and -- but
make, as Jim Robellard said, please make the regulations very
specific. If not, what happens is it creates conflict within the park.
And I'm just telling you, as being a person on the board, and I feel
very sorry for anybody on the board, it's tough to enforce those issues.
Thank you for your time.
MR. MILLER: Your next speaker is J.W. Schwarzschild. And
he'll be followed by Charlotte Gibson.
MR. SCHWARZSCHILD: Good afternoon. My name is J.W.
Schwarzschild. I live at 4834 Southern Breeze.
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I think I'm part of the opposition. And the reason for that is I
think what got away from us, the reason for these -- I don't know what
they're calling them this week, the reason for the carriage houses, is
what we refer to them at Pelican Lake, were twofold. They're very
much like at toolshed that's a place to store your furniture when you
leave the park for the season so that it's not sitting out.
We have been known to have some hurricanes down here. And
the point is to protect your property as well as the others by storing
furniture.
Your lot is supposed to be empty. This is set up in our -- some of
our laws that we have. The other thing I say, I'm not against the 308 as
long as it's inclusive. In other words, if you want to put a screened
room, that's part of your 308. If you want to put a porch, that's part of
your 308. If you just want to put a building that's 308 square foot, so
be it.
But I agree with what Jim said, you've got to be -- you've got to
have the rules and regulations in place where it cannot be misused.
This is all important. And I want to thank you for your time and thank
you for letting me speak.
MR. MILLER: Your next speaker is Charlotte Gibson. She'll be
followed by Ruby Schwarzschild.
MS. GIBSON: Thank you. My name is Charlotte Gibson and I
am a Canadian.
COMMISSIONER HILLER: Yes.
MS. GIBSON: I have been very involved in this project. This
project came to the forefront at Pelican Lake when I was president of
the association. And it's very encouraging to hear how both sides have
really come to a compromise. I'm very much in favor of what's been
proposed.
And I don't feel that the commissioners should be concerned
about a lot of people -- a lot of additional people coming and sleeping.
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I mean, look at the sea of kind of white hair up here. We all hope that
our children and grandchildren will come down and spend time with
us, but in actual fact, they go to school, they -- our children work.
They have spring break. There's a limited amount of time. And they
come down now, yes. The enlarged accessory structures will allow
for a more convenient visit when they do come down, but they're not
going to come any more because we have a larger facility.
So very much in favor, thank you very much.
COMMISSIONER HILLER: Where in Canada are you from?
MS. GIBSON: Waterloo, Ontario.
COMMISSIONER HILLER: I know it well.
MR. MILLER: Your next public speaker is Ruby Schwarzschild.
She'll be followed by Gil Grubbs.
MS. SCHWARZSCHILD: I'm Ruby Schwarzschild, 4834. And
also I'm part of the opposition, or what they say. I have never been
against not having enlarged coach houses.
I've been very active in this community. I've run the kitchen for
'em, I've done parties for 'em. I know how to cook on the outside. Not
needing a kitchen out there. Most of us have grilles and outdoor
kitchens with our grilles. So I don't know why they need that in their
coach house. But like I said, I'm not against that, the size 308.
What I am against is how much foliage and trees a lot of these
people will be cutting down. When they put that awning up, which
you suggested, it still will have to cut down some trees and foliage.
They're not -- most of the average awnings there are from three to four
feet wide. And they go around three-quarters of the coach houses.
That's what I object to. There needs to be a set rule on that.
And what foliage they can take down. If they take it down, they
need to replace with another Florida friendly foliage or planting.
Thank you.
MR. MILLER: Your next speaker is Gil Grubbs. He'll be
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followed by Mary Juanita Grubbs.
MR. GRUBBS: I'm Gil Grubbs, 4813 Southern Breeze Drive.
I've lived in the park for -- owned the lot there for seven years, been
visiting there about nine years. And I'm very much in favor of the
larger coach houses.
Commissioner Nance, you were asking about other parks around
the country, and I can tell you, as many others have said, that is a
trend that's coming. People -- I have the largest coach you can buy.
And as someone said, it's about 450 square feet. I have a little metal
building that's 10-by-10 shed. It's been there 20 years. I can smell the
rot and the moisture coming through the floor of my building every
time I leave. It would be nice to have a bigger and nicer building --
COMMISSIONER NANCE: Your wife's not sending you out
there, sir, is she?
MR. GRUBBS: Pardon?
COMMISSIONER NANCE: If your wife still sending you out
there?
MR. GRUBBS: She sends me out there all the time.
But seriously, the buildings are -- they need to be replaced.
And as far as air conditioning and noise goes, my coach has four
AC's on the roof. And I can tell you, those air conditioners are much,
much noisier than any of the new central systems that one of the other
gentlemen talked about today.
And also, in terms of foliage, as Ruby mentioned a minute ago,
yes, I have a little island in front of me 10-by-10 shed and I'm going to
have to remove one palm tree that I planted. But I've already got Mr.
Newman to agree to take it and put it on his lot, so we're not losing
any foliage.
And my new building would sit right exactly at the same
footprint where I am now. And I do have an awning around my entire
building. It's five feet. You take the footage of that awning and that
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10-by-10 building and you fly over from up above in a helicopter and
look down, I currently have a footprint of 385 square feet on the
ground. My new building will have a footprint of 308. So I don't
think I'm overcrowding my lot. I don't think I'm going to do away
with any foliage. I'm going have a quiet air conditioned system, and
it's going to be a great place for me to have an office and a place to
work when I'm here. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Mary Juanita Grubbs.
She'll be followed by Charles Piscatelle.
MS. GRUBBS: Everything has already been said that I wanted
to say. But I'm for it. Thank you.
MR. MILLER: Charles Piscatelle will be followed by Guy
Bouchard.
MR. PISCATELLE: Better known as Charlie P. to everybody,
because nobody can pronounce Piscatelle.
We're at 4886 Southern Breeze Drive and we are from the
Pittsburgh, Pennsylvania area which right now is 0 degrees, so we do
enjoy the time while we're here.
And I appreciate the Commission coming out and seeing the
beauty of our park. And the people that are there want to maintain it.
And it's amazing how we can look at everybody across the street or in
another part of the country and think we want what they're building.
But in reality, we just need to increase a little bit the size of our coach
houses but maintain the beauty that we have and the friendships that
we've developed. Thank you. We're in favor of your vote for a
positive answer.
(Applause.)
MR. MILLER: Your next speaker is Guy Bouchard. He'll be
followed by Alan Hale.
MR. BOUCHARD: Good afternoon, everyone. My name is Guy
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Bouchard. I reside at 4441 Southern Breeze. I'm also one of the
director on the board. I'm also the one that's responsible for these
plans. And I have a couple additional lots. I own three in Pelican
Lake. I am a Canadian, I do speak French.
COMMISSIONER HILLER: Bonjour.
MR. BOUCHARD: Bonjour.
COMMISSIONER HILLER: (Speaking French.)
MR. BOUCHARD: Oui. Tres bien.
I come from New Brunswick in the Atlantic Province, so I travel
with my coach, approximately 2,300 miles a year to get here to this
beautiful weather.
Unfortunately my wife is home because we're expecting to be
grandparents today.
And one of the main reason why I went around and designed
these coach house and I presented to most of the people and the people
elected me to go on the board. I made the presentation, I've laid it all
out, and I came out with 305 square feet, which was the original
building at design. That was what I've designed, that's exactly that
building that is there with different roof lines.
So one of the main reasons for me, my wife, I could show you
pictures, she has no-see-um that bites her and she cannot be outside.
In fact, she gets infected. And we want to put storage. We come here
because we love the outdoor living. Don't get me wrong, I do not
want to go inside this building any more than I have to.
But for a couple hours in the evenings when the dusk comes
down and these no-see-ems and the mosquito comes in, it's hell. I
mean, we were out last night to have supper again and we have to rush
inside because we're trying to get these -- mosquitos are biting.
And also when we go away, we want our belongings that we
have out there -- you've been on my lot, we have beautiful furniture
out there. We live outdoor. I mean, I have TV's outdoor and stuff like
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that. And I'm an outdoor person. That's the reason why I bought into
Pelican Lake.
Yes, our coaches are minus approximately about 440 square feet.
It is one of the biggest one with slides and everything. It sleeps six, it
eats two. You can eat two in there. So we do need to have a place out
there where we can entertain our friends and then we can -- I'm
French, I love to cook. So we cook and entertain a lot.
So I mean, we're all here for the same things. I mean, we want
our real estate to keep on growing in here. That's the reason why I
bought. And, I mean, one of our former president here was speaking
here today was against it, he's no longer living within our community
and also has a property for sale. So I kind of disregard the comment
that's putting. But we're there to stay there. And we are there to live
there. So thank you.
(Applause.)
MR. MILLER: Your next public speaker is Alan Hale. He'll be
followed by Jean Jacques.
MR. HALE: Hello. My name's Alan Hale, 4488 Southern
Breeze Drive. I've been on this project for two years. I was the -- or
still am I guess the chairman of it. And it's been an lot of ups and
downs. Today, gosh, it sounds great because I'm hearing everybody
kind of come together.
We do have an architectural advisory committee. They are pretty
strenuous on their recommendations and their enforcements.
Sometimes you don't want to walk down the street because you're not
sure what's going to hit you because you've made somebody angry
over the ruling you've made.
But I'd like to point out a couple things. One is we covered the
mini split and I think that's a good solution there to our noise. Most of
these sheds now have air conditioners that are noisier than the mini
split.
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It was also pointed out that we have 100 square foot sheds with
60-inch awnings around it. So that's actually roughly a 400 square
foot footprint.
I do need to point out, even if someone doesn't build a new coach
house and they have a tree on their lot and they want to remove it,
really, it's their lot. I can't stop them. We can recommend that they --
the owner recommend that they move it. We do not see a lot of
people trying to cut trees down and not replace them. They're very
proud of the vegetation we have. We want to keep that vegetation.
The other is, you know, we actually compromised on the 350.
Now the planning told us that the 308 was acceptable. We've actually
come together on that. We feel like that's a good number.
But I do want to point out several things. You do not have to
build one or replace it. And if you do replace it, you do not have to
replace it with the 308. You can pick the variations of sizes. And the
architectural advisory committee had a 12-by-16, a 14-by-20, a
14-by-22, and at one time we had a 16-by-20, which got us up into the
320.
A lot of them are talking about cutting the corner, which made
the door face closer to the coach house, which cut off about 30 square
feet. So if you add the little porch out then you're back up to roughly
305 square foot.
The main reason we started this project was for the property
values. And I think this will increase the property values, and I
support it and I appreciate your support on it.
(Applause.)
MR. MILLER: Your next speaker is Jean Jacques. He'll be
followed by Gerard Brangenberg.
MR. JACQUES: My name is Rejean Jacques. I'm the owner of
lot 4918 Coach Lane.
With everything that's been said so far from people in favor, I
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don't have much to add. I'll be very brief. I just want to say I'm in
favor and I just hope you're going to approve it. Thank you.
(Applause.)
CHAIRMAN HENNING: Your final public speaker on this item
is Gerard Brangenberg.
MR. BRANGENBERG: My name is Jerry Brangenberg and I
am the president of the association. We own -- my wife and I, Tina,
we own lot 5000 Coach Lane.
And just for the record, we are from Southern New Jersey, which
nobody else out here has said. New Jersey is part of this, so -- but
nobody in this room wants this to bring closure here than myself. This
has been very strenuous the last several months. And Alan pointed
out too a couple things about people. But what we need -- I hope this
will bring closure.
To emphasize the fact here that we've come to -- you know,
we've agreed here to 308. There's numerous compromises to get to this
point. Yes, there's concern about coaches, the coach house size, 308.
Yes, some lots 308 just won't work. We have an architectural
committee that should review that and obviously we have sizes below
that that people can consider. They have to meet the offsets.
Yes, we want to minimize any foliage removal or damage. But
people do own their lots. And I myself, and I think everybody out
here, if they build a coach house and if they have to remove any
foliage, I think they'll probably replace it two or three times in kind.
Because that's one thing, that is what Pelican Lake is all about is the
foliage, the privacy on their lots and just the outdoor life. So, I mean
-- so we have come to compromise that.
But the association also, we've developed guidelines and our
rules and our covenants to where the association knows the
importance of the buffer between the two lots. And the association
takes responsibility to maintain that buffer. And that buffer is where
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-- that is the sound barrier and the visual barrier that keeps the privacy
there that everybody likes.
On the ordinance that's been drafted or proposed, I think there's
six conditions. And we are in support of those six conditions 100
percent. I do again do emphasize, we would ask you to reconsider
because of technology and the fact that we have the buffer, give us the
flexibility, because we do manage the park ourselves, and we have our
architectural committee, let us have the ability to dictate the location
for the air conditioner that best suits the location. Because different
lots have different arrangements.
And I 100 percent hope that you'll support this project and our
compromise.
CHAIRMAN HENNING: I have a question.
MR. BRANGENBERG: Yes, sir.
CHAIRMAN HENNING: I would assume that you're the
representative of the petition, right?
MR. BRANGENBERG: I was at the -- on the 5th of December
meeting, I was the spokesman, yes, sir.
CHAIRMAN HENNING: Okay. The Planning Commission
recommended a site vegetation photo survey of all the areas between
the proposed accessory structure and the adjoining lots shall be
provided to assure that existing vegetation is not removed.
That's different than what you're saying now.
MR. BRANGENBERG: We don't have a problem with the --
again the buffer. But as Mrs. Fiala has been out there and seen, when
you put -- we've already dictated we put this structure on the existing
footprint. There may be a tree or something that has to be moved to
fit it on there. But that's the owner's vegetation, that's the owner's --
they can do anything, they could take it out right now.
CHAIRMAN HENNING: That isn't what the Planning
Commission --
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MR. BRANGENBERG: I understand that.
CHAIRMAN HENNING: -- is recommending.
So what you're suggesting -- maybe what you're suggesting,
because I've heard that nobody wants to lose the vegetation is, you
know, relocation or --
MR. BRANGENBERG: Relocation or --
CHAIRMAN HENNING: -- replacement.
MR. BRANGENBERG: Replacement. Yes, exactly.
I mean, if there's vegetation being removed, I don't think
anybody will have an objection to replace or -- but they may want to
put it somewheres else around the coach house or something like that.
Because vegetation is paramount.
CHAIRMAN HENNING: I just wanted to make it clear, because
I've heard over and over about moving vegetation or the neighbor's
going to take some vegetation or something like that. So --
MR. BRANGENBERG: Understand the buffer is something that
be cannot be touched. And we'd be glad to take a picture of that and
document it. The buffer cannot be touched. That -- the association is
responsible for that. We're responsible to maintain it and we do that.
CHAIRMAN HENNING: We're responsible for -- or the County
Manager is responsible for enforcing our ordinances, and this is an
ordinance, so --
MR. BRANGENBERG: I appreciate, yes. The way that's
written, you're correct.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I am certainly aware that
there is no Commissioner on this dais that works any harder to work
with a community than Commissioner Fiala does, so I'm going to be
looking for her on guidance on this.
But I will say several things have come to my attention. A
couple of them -- I don't know how many people can possibly be left
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in Canada, after talking to this group. I will say that I'm not from
Michigan but my mother's family was all from Michigan, so --
COMMISSIONER HILLER: I thought you were going to say
you were from Canada.
COMMISSIONER NANCE: No, I said I couldn't figure out if
there was any people left in Canada, ma'am.
I can also tell from the testimony of some of the ladies it's really
important that we get this done, because we don't want to have the
construction of the coach houses or the lack of construction to result in
any divorces.
And from what I understand about the conversation about the
living accommodations or lack thereof, and it seems from the group,
the age of the crowd, which is very similar to me, that we're not
anticipating anymore children are going to be generated by the coach
houses.
So with that, I will say I will personally thank you. This has
been a very courteous and respectful group. And as you ladies and
gentlemen might imagine, it's not always that way in this room. And I
had appreciate your respect and courtesy among yourselves. I see that
you have a wonderful community, you wouldn't all be here if you
weren't.
And I also personally thank you for the respect you've shown to
this Board. Because it makes it very much easier for us to craft a way
to help you make your community better and keep Collier County
better. So I just want to say thanks, and I look forward to
Commissioner Fiala's guidance.
(Applause.)
COMMISSIONER NANCE: I will say also -- I'm going to throw
in one last little plug -- these things like these low noise units, you all
ought to jump on this sort of stuff. And I will also make a pitch for
you to consider dark skies lighting. It's something that a community
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of yours can take advantage of. We haven't done it in Collier County,
but I always think that great lighting that doesn't pollute the
neighborhood is something great. So just -- I'm just throwing that in
as a little pitch. Thank you.
CHAIRMAN HENNING: Okay, I'm going to close the public
hearing. I'm going to entertain a motion.
Chris, I would like you to step up to the podium.
Heidi, are you going to craft the ordinance as the Board
amended, or who's going to do that? As far as staff goes.
MR. KLATZKOW: We'll take care of it, Commissioner.
CHAIRMAN HENNING: Okay. So we need some guidance. I
think you want some guidance on how to formulate a motion to amend
this ordinance; is that correct?
COMMISSIONER FIALA: If I need guidance, I'm sure our
County Attorney will give it to me.
CHAIRMAN HENNING: Okay. Well, we'll all help you.
COMMISSIONER FIALA: But first of all, I wanted to say that
you were talking about mosquitoes. Especially your wife, and
everybody else. And that's because most people don't realize, this
motor -- let's see, motor coach resort, right? Isn't that what it's called,
motor coach resort -- is located right there by Rookery Bay. And so
they're not allowed to spray in the Rookery Bay area for mosquitoes.
And so these people really have a lot more suffering. They do need
this coach house. So I wanted to just put that on the record.
And I want to tell you, I'll just echo what Commissioner Nance
just said. I don't remember -- I've been here 13 years. I don't ever
remember a controversial subject where everybody got together and
we were all laughing together and all respectful of one another. It's
been the greatest audience I think I've ever remembered in 13 years.
Thank you.
(Applause.)
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COMMISSIONER FIALA: And I had those notes written down
so I wouldn't forget to say them to you.
UNIDENTIFIED MEMBERS OF THE AUDIENCE: You need
to move into our community.
COMMISSIONER FIALA: Oh, I'd like to do that. It's beautiful.
MR. KLATZKOW: But not in one of the homes.
(Laughter.)
COMMISSIONER FIALA: But it doesn't have a bed.
Okay, so I'd like to make a motion. And do I have to say
anything at all about to amend the ordinance?
MR. KLATZKOW: Well, you've got an executive summary
with Planning Commission recommendations. I don't know which
one of those recommendations you want to adopt as a Board and how
you want to veer from them.
COMMISSIONER FIALA: Okay, let me tell you what I want to
do and then you can guide me, just to make sure that I do everything
according to the law and whatever we need to do to comply.
I wanted to make a motion to allow these people to build a 300 --
up to a 308-foot -- square foot coach house. And then if they wanted a
screened-in porch or some type of extra facility, then it could just be
part of that 308 square foot.
Agreed that that should be able to -- that they should be able to
decide where the air conditioners should go. But we ask that if it's
next to your neighbor, that you make sure that you put in one that is
extremely quiet. And I think knowing -- just seeing you today, I think
you'll do that.
CHAIRMAN HENNING: Is that a requirement under your
motion or a statement?
COMMISSIONER FIALA: It's a statement.
MR. KLATZKOW: So we're omitting the first Planning
Commission recommendation?
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CHAIRMAN HENNING: Yes.
MR. KLATZKOW: I'm just getting clarity.
COMMISSIONER FIALA: Okay, good. Great. That the new
structures cannot contain a bed or a bedroom so that they cannot be
considered a guest house.
If there are any awnings or anything that are going to be adjusted
to it and if you need to remove trees, like this gentleman will have to
remove a lot of trees if he wants to keep the size awning he has on
there, then you keep that same vegetation someplace or replace it so
that you retain the beauty of your community.
I've never seen anything so beautiful. I know there's another
motor coach resort up on U.S. 41 and it's lovely from the outside, but
I've never seen anything like yours. And I want to help you keep that
beauty.
Let's see. I wrote myself some other notes here. I think this is
already in your homeowners association that you cannot use -- you
cannot use that lot or the coach house when the coach isn't there. But
I don't know if I need to put that in there or not, Jeff.
MR. OCHS: It's in there, ma'am.
COMMISSIONER FIALA: Okay. And let's see, I think there
was --
COMMISSIONER COYLE: Height limitation.
COMMISSIONER FIALA: Oh, yeah, height limitation to 15
feet. Thank you, Commissioner.
And I think that's already written in there, by the way, from the
Planning Commission.
MR. KLATZKOW: What about the fourth Planning
Commission recommendation?
COMMISSIONER FIALA: Pardon me?
MR. KLATZKOW: Your fourth Planning Commission
recommendation dealt with the structural doorway. The entrance.
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COMMISSIONER FIALA: Yeah, for the entrance or accessory,
you mean?
MR. KLATZKOW: Yes.
COMMISSIONER FIALA: Shall be located -- will that work for
you?
UNIDENTIFIED MEMBERS OF THE AUDIENCE: Yes.
UNIDENTIFIED MEMBERS OF THE AUDIENCE: No.
COMMISSIONER FIALA: Some say yes, some say no. It says
the entrance to the accessory structure shall be located across from the
principal user of the motor coach and the accessory structure doorway
will be no greater than a 45-degree angle when a corner-mounted
doorway is --
COMMISSIONER HILLER: The president says they're fine
with that provision.
MR. BRANGENBERG: We're fine with that, ma'am.
COMMISSIONER FIALA: Okay, good.
So we'll make sure that that goes in. We've already talked about
the height.
Let's see. And it says the proposed accessory use shall include
the footprint of the existing utility storage structure, which is what the
Planning Commission said. And everybody's fine with that.
So I -- let's see, cannot be used for a place of business. And let's
see, of course accept for things like go in there and read your reports
for the day from the office or whatever. I mean, it's not limiting that.
You just don't want to use manufacturing in there or whatever.
And I think that we've hit every item that people had concerns
about. And I think that all people can live with these rules that would
be in place. And just as some people had said, they wanted to make
sure that the rules are stipulated and that they were clear. And I think
they're pretty clear there. So that would be my motion.
COMMISSIONER COYLE: Could I just ask a question just to
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summarize?
COMMISSIONER FIALA: Sure.
COMMISSIONER COYLE: In essence we are -- you've made a
motion to approve including the Planning Commission's
recommendations number two, three, four, five, six and seven; is that
correct?
COMMISSIONER FIALA: Yes.
MR. KLATZKOW: Two is not approved. My understanding is
four, five and six were approved. As far as vegetation goes, you're
allowing the removal of vegetation, as long as they replant like for
like?
CHAIRMAN HENNING: Yeah, that's what I understood.
COMMISSIONER FIALA: Right, right, that's exactly what I
said. To ensure that the existing -- oh, I see. No, I'm saying they can
remove it, as long as they replace it.
MR. KLATZKOW: Replace it.
COMMISSIONER FIALA: Right.
COMMISSIONER COYLE: All right. So item number two is
not approved; is that right?
COMMISSIONER FIALA: Right, yeah.
COMMISSIONER COYLE: So we've still got three, four, five,
six and seven that are approved?
COMMISSIONER FIALA: Yes. Used as a primary -- cannot be
used as a primary dwelling or guesthouse, yes.
Four is located across from the principal use of the motor coach.
That's okay.
The height, of course we've already mentioned at 15 feet.
Six is the 308 foot.
And seven is the accessory use. And those are all acceptable.
COMMISSIONER COYLE: Okay, I agree.
CHAIRMAN HENNING: May -- I can second that motion.
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However, I want to have a discussion about enforcement. I think
Planning Commissioner Mike Rosen was spot on, it would be hard for
Code Enforcement to enforce. This should really be up to the
residents to assist the County Manager enforcing this ordinance. My
concern is you're going to throw a couch in there, there's no question
about it.
COMMISSIONER FIALA: Well, yeah. I see, so you're
meaning sleeping.
CHAIRMAN HENNING: Then it's going to be a doghouse. I
mean, not a doghouse, but a doghouse for men.
So Chris, does this community have deed restrictions?
MR. THORNTON: Yes, sir.
CHAIRMAN HENNING: Can the deed restrictions be amended
to include that the coach houses will be no sleeping in coach houses?
UNIDENTIFIED MEMBERS OF THE AUDIENCE: It already
is.
CHAIRMAN HENNING: It's already there?
MR. BRANGENBERG: It's already in there, sir.
CHAIRMAN HENNING: How about the bylaws?
MR. BRANGENBERG: It's in our bylaws.
MR. THORNTON: It's actually in declaration articles, bylaws,
rules. It's in the declaration. Those were the restrictions. The bylaws
are more procedural in nature.
CHAIRMAN HENNING: So I'm sure that the board would
enforce it so I don't have to make any kind of a friendly amendment.
So Commissioner Nance said he would second the motion if you
would make the motion, so motion by --
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Nance.
Any further discussion?
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January 28, 2014
Commissioner Nance?
COMMISSIONER NANCE: No, sir.
CHAIRMAN HENNING: Any discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
(Applause.)
CHAIRMAN HENNING: We have some further business, so
when you exit, if you could try to be silent, I would appreciate it.
MR. OCHS: Mr. Chairmen, you're scheduled for a court reporter
break at 2:50. You may want to take that right now.
CHAIRMAN HENNING: Yeah, we can do that.
I just want to say that, you know, I was very much opposed to
having a second kitchen. However, it does make sense if you're going
to stay in this for --
COMMISSIONER HILLER: Yeah, it does.
CHAIRMAN HENNING: -- a long period of time to have a
second kitchen.
Let's take a 10-minute break and be back at 2:28.
(Recess.)
CHAIRMAN HENNING: Ten minutes are up. Board's back in
session.
MR. OCHS: Yes, sir.
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CHAIRMAN HENNING: I keep my word.
Item #12A
DIRECTING THE COUNTY ATTORNEY TO ACCEPT THE
JURY AWARD AND FINAL JUDGMENTS IN THE EMINENT
DOMAIN CASE STYLED COLLIER COUNTY V. RTG, LLC, ET
AL., CASE NO. 10-CA-00259, FOR THE TAKING OF PARCELS
116FEE, 116TCE1, 116TCE2, AND 116TCE3 FOR THE
INTERSECTION IMPROVEMENTS AT US 951 (COLLIER
BLVD.) AND US 41 — APPROVED
MR. OCHS: Yes, sir. We have one more item on your regular
agenda before communications this afternoon, sir. That's Item 12.A.
That's a recommendation to direct County Attorney to accept the jury
award and final judgment in the eminent domain case styled Collier
County versus RTG Limited Liability Company.
MR. KLATZKOW: I'm just trying to get my north and south.
CHAIRMAN HENNING: I'm getting dizzy.
COMMISSIONER HILLER: Stop already.
MR. KLATZKOW: This is the corner of--
CHAIRMAN HENNING: Your name for the record.
MR. KLATZKOW: Jeff Klatzkow, County Attorney for the
record.
This is the corner of Tamiami Trail and 951 . The taking
occurred at what is presently the CVS Store.
There were two primary takings: One was a fee taking which is
out there. And you can see the major impact it has on their parking
spaces.
There was also a temporary construction easement which went
beyond that.
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There was some dispute as to how many parking spots were lost,
but approximately 11 or 12 would be lost.
CVS took the position that with the reduction in the parking
spaces they could no longer operate at the site. They had a $392,000
per year rent for the building. It was a 20-year lease with four
five-year options.
They testified at trial that they're gone, that they've given their
notice and as soon as construction starts or shortly thereafter they'll be
leaving.
The property owner at CVS was seeking well in excess of$7
million. During the proceedings, the jury came back with
approximately $5.5 million award split between the landowner and
CVS. Above what we had offered, well below what they had been
asking for. Which is typical in these proceedings.
It's my recommendation that the county not appeal. And that our
theory of the case was that they could relocate the door and stay in
business. If indeed that they stay in business, I'll be coming back here
with some different proposals. If they do go out there, then they
negatively impacted by our taking.
And I'm open to any questions.
CHAIRMAN HENNING: Questions by the Board?
(No response.)
CHAIRMAN HENNING: I have one question.
Did the landowner represent that the building is no longer useful?
MR. KLATZKOW: I do not believe that they represented that it
was no longer usable, but it was certainly no longer usable for that
purpose and there's no replacement tenant in site.
CHAIRMAN HENNING: Entertain a motion.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion to approve staffs
recommendation?
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January 28, 2014
COMMISSIONER FIALA: Yes, sir.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. KLATZKOW: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that takes us to Item 15, Staff and
Commission General Communications.
CHAIRMAN HENNING: What do you have for us, County
Manager?
MR. OCHS: Sir, I have one reminder, and that is that you have a
Board Workshop at 1 :00 p.m. on Tuesday, February the 4th. The
topics are included in your agenda packet today.
And the only other bit of information is to tell the Board that my
staff has been in discussions with the company that had petitioned the
Board two meetings ago for an exclusive natural gas franchise for the
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January 28, 2014
northeast area of the county, including Immokalee and Ave Maria.
We've also worked with outside counsel from Nabors Giblin and
we will be bringing a report back to the Board at your first meeting in
February with our staff analysis and some options for the Board to
consider. I know that several of you had asked me about that and the
status of it. We'll have that back for you to consider some options at
the next meeting.
COMMISSIONER NANCE: Yes, Mr. Ochs, I fully support you
going through due diligence on this item. I would appreciate though
just a little update as to what steps you're going throw in due
diligence, and just like to encourage everyone to move forward with
your determination as soon as practicable.
MR. OCHS: Yes, sir, will do.
And that's all I have, Mr. Chair.
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: I just wanted to say I thought we
had a very productive meeting, a very, very good discussion that
talked about a lot of things in detail that we'll be following up on, and
I thought it was a very positive meeting. This is the first meeting in
my recollection that we've had every vote be unanimous by the Board
of County Commissioners. So I'd just like to thank everybody for --
COMMISSIONER HILLER: It wasn't really unanimous. There
was one where I reconsidered.
COMMISSIONER NANCE: There was a little grumpiness, but
overall I'll give you credit for --
COMMISSIONER HILLER: Trying.
COMMISSIONER NANCE: Yes, ma'am.
COMMISSIONER HILLER: To give the 5-0 vote on that issue.
But I can't accept it.
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January 28, 2014
COMMISSIONER NANCE: I understand. But my statement
still remains the same. I appreciate everybody's courtesy. I think we
had a very productive meeting.
Well run, Commissioner Henning. Thank you, sir.
CHAIRMAN HENNING: Thank you for your assistance.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I don't have any comments
other than to say I think I've been hanging around Leo too long
because it seems that all women that hang around him end up with
bangs. And I did.
And I told him yesterday, I said oh, my God, I got bangs. And I
didn't realize that it was because of him. And then he started telling
me, like are they straight, are they swooped, are they this, are they
that? And he went into all the variations of bangs and the theory on
how you wear bangs.
So can you tell me all of them again? Because I want everyone to
know just how much you really know. Because his wife has bangs,
and that's --
MR. OCHS: Thank you for throwing that in that little -- that's
what started that, yeah.
COMMISSIONER HILLER: So what are they again? Because
you said that so -- just the swoosh and the --
MR. OCHS: I went through all of them with my wife over the
years so I'm an expert on it.
COMMISSIONER HILLER: I just want you to know, this is my
first. So if I'm not happy, I'm going to come back to you for advice.
MR. OCHS: You'd have to call my wife, ma'am.
COMMISSIONER HILLER: Probably have a better idea. I was
going to say staff recommendation, right?
No, it was a very nice meeting and I'm looking forward to you
making a motion to adjourn it, Commissioner Henning. And I'll
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January 28, 2014
second it.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Absolutely nothing. But I'd like to
thank all the producers and executives and people who have done --
you've all done such a wonderful job. I just can't thank you enough.
And it's really a lot of fun to be here, and I'm looking forward to the
Academy Awards next time.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER HILLER: I second that emotion.
COMMISSIONER FIALA: We've had a lot of humor in this
meeting today, and is it pleasant. Thank you very much and thanks
for a great meeting.
CHAIRMAN HENNING: Thank you.
I do have one item. We had a workshop, and I had forget which
one, I think it was in October, I brought up -- it was the workshop on
advisory boards. And I brought up the fact about the Public Service
Commission. However, staff didn't feel that they had the majority of
the Board wanting to dissolve the Public Service Commission. And if
so, I brought up the fact we used to have what was MSAC. Do we
want to reconstitute that, reconstitute the MSAC in place of the Public
Service Commission.
So I'm going to ask each and every one of you to give direction
to the County Manager whether to do so or not.
Commissioner Coyle?
COMMISSIONER COYLE: Well, I think the PSA has been an
absolute failure for a number of reasons. None of them have to do
with the qualifications of the people in the organization. It has to do
with the fact that they have become politicized and they've all got
their own agenda that they want to pursue. And I have ample
documentation to substantiate that fact from the individuals
themselves.
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January 28, 2014
I think it's absolutely shameful what they have done in cases, and
I find it unbelievable that there are members on the PSA who are
doing everything they can to avoid taking a position on important
issues. It is irresponsible and it's nothing but a political exercise. And
I don't think it's going to serve us at all.
CHAIRMAN HENNING: So the answer to the question is?
COMMISSIONER COYLE: The answer to the question is, and
I'll be finished in another 10 or 15 minutes --
COMMISSIONER HILLER: I've got my watch on,
Commissioner Coyle. Let me tell you how many minutes you spoke
at this meeting. Just kidding.
COMMISSIONER COYLE: But I think going back to
something we had before that is more manageable where you get
effective recommendations -- we just have to avoid putting people on
that organization who have an agenda.
CHAIRMAN HENNING: Well, the only way you're going to do
that is the requirements under the ordinance for reconstituting MSAC
that it would be nobody serve on the board that has a special interest.
We won't have members of EMS on it, we won't have staff on it, we
won't have fire unions or fire personnel or fire commissioners. We
just want average citizens with the interest --
COMMISSIONER COYLE: Of the citizens at heart.
And you're not too far off there, quite frankly. Because I don't
know of a way that you can ask a fire district to be on an organization
there without him going after the same thing they always go after.
They want control of EMS. That's their bottom line and that's all
they're ever going to do.
So you're right. But what I would suggest is that a few key
positions, possibly even the Collier County Medical Society, a
sub-committee of that group, who could review medical protocols and
advise Dr. Tober on medical protocols as a sounding board to Dr.
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January 28, 2014
Tober, and help him get those things, those changes in protocols
staffed.
But I think having EMS people and fire districts on the board just
results in more controversy and very little of anything that is
productive. We can get the same input by coordinating with them
through the County Manager who is the one who is supervising the
Medical Director anyway.
CHAIRMAN HENNING: Okay. So to sum it up is you're in
favor of dissolving the Public Service Commission, reconstituting
EMS with interested citizen (sic) of the topic.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I always thought MSAC did a
great job, and I liked the fact that it appeared in front of the public at
all times and they represented the public rather than a certain facet
within our community.
CHAIRMAN HENNING: So you're in favor of dissolving PSA?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: And I am too. Commissioner Hiller?
COMMISSIONER HILLER: I have to give it some thought. I
haven't drawn a conclusion on it yet.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: You know, you could convince me
one way or the other, gentlemen and ladies. I don't know. You know,
I think what we're asking the PSA to give us is part of the problem. I
think if we were asking them to come with constructive criticism,
suggestions to problems, meaningful critical thought, I think you've
got a tremendous brain trust there with a lot of things. But when we
ask them for an up and down vote on a subject and it's a contentious
subject and we get a 50/50 vote, it really has no utility for me. It's not
helping me decide, because I really can't get inside their brains and
frankly I'm not that smart on the subjects that I'm asking them to help
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January 28, 2014
us with. So, you know, if they could come with white papers or they
could take a topic like we talked about today and said hey, you know
how I can make that better, do this and this and this and don't do that,
that and that and here's a better idea or something like -- if you get
something like that coming from them, I think it might be a very
productivity group.
But to ask them to, you know, either recommend or not, it's just
been tough. Because it's been hard decisions to make. And in a lot of
cases, you know, you ask them to be Solomon. Well, you can't always
split the child, you know. So I think what we ask these advisory
groups to do for us in a lot of cases determines whether we're getting a
productive product out of them or not.
CHAIRMAN HENNING: You have a majority of the Board you
heard that wants to dissolve PSA and reconstitute the EMS Ordinance.
COMMISSIONER FIALA: MSAC.
CHAIRMAN HENNING: MSAC ordinance.
COMMISSIONER FIALA: May I just add that we -- it got to
the point where when they would vote on anything, we knew right
where the split was. You could tell who was going to vote before they
even voted, it was that clear. And that shouldn't be.
CHAIRMAN HENNING: Okay, seeing no further business, I'm
going to make a motion to adjourn and find a date with a fishing pole
and sand between my toes, so -- anybody want to second that motion?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
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January 28, 2014
CHAIRMAN HENNING: Any opposed?
(No response.)
COMMISSIONER NANCE: Bye.
CHAIRMAN HENNING: Bye.
COMMISSIONER FIALA: But I just wanted to say, the sand
between your toes or --
CHAIRMAN HENNING: That was part of my motion.
*****
**** Commissioner Fiala moved, seconded by Commissioner Nance
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
THE CLERK OF COURTS TO RELEASE A LETTER OF CREDIT
IN THE AMOUNT OF $52,710 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH SABAL BAY COMMERCIAL PLAT PHASE 4, AR-13453 —
THAT WAS PROVIDED FOR AN EARLY WORK
AUTHORIZATION FOR THE SITE PRIOR TO OBTAINING THE
FINAL CONSTRUCTION PLAN AND PLAT APPROVAL,
APPROVED BY THE BOARD ON APRIL 9, 2013
Item #16A2
A RELEASE OF LIEN IN THE AMOUNT OF $280,224.79 FOR
PAYMENT OF $1,074.79, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. INNOVATION CONSTRUCTION & DEVELOPMENT, LLC,
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January 28, 2014
CODE ENFORCEMENT BOARD CASE NO. CEB 2004-75,
RELATING TO PROPERTY LOCATED AT 219 2ND STREET
SOUTH, IMMOKALEE, COLLIER COUNTY, FLORIDA — FOR
5,592 DAYS OF NON-COMPLIANCE FOR THE ALTERATION
OF A STRUCTURE AND IMPROVEMENTS TO A PROPERTY
WITHOUT PERMITS THAT WERE BROUGHT INTO
COMPLIANCE BY THE OWNER ON DECEMBER 14, 2012
Item #16A3
RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE
MARIA PHASE 2, (APPLICATION NUMBER PPL-
PL20130001594) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — W/STIPULATIONS
Item #16A4
TRANSFER OF THE GOODLAND ISLES, INC. UTILITY
FRANCHISE TO THE COON KEY PASS FISHING VILLAGE
CONDOMINIUM ASSOCIATION, INC., A FLORIDA NON-
PROFIT CORPORATION, IN ACCORDANCE WITH
ORDINANCE 96-06, AS AMENDED, "SECTION 1-19.
APPLICATION FOR TRANSFER OF FRANCHISE
CERTIFICATION, FACILITIES OR CONTROL, (E) TRANSFER
TO HOMEOWNERS' ASSOCIATION" — THE COON KEY PASS
FISHING VILLAGE CONDOMINIUM ASSOCIATION SHALL
BE SOLELY RESPONSIBLE FOR THE OPERATION AND
MAINTENANCE COSTS ASSOCIATED WITH THE LIFT
STATION
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January 28, 2014
Item #16D1
THE STUDENT SCHOOL YEAR AGREEMENT WITH THE
DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR
TRANSPORTATION SERVICES FOR COUNTY RECREATION
PROGRAM PARTICIPANTS AT AN ESTIMATED ANNUAL
COST OF $5,000 — FOR COST-EFFECTIVE AND RELIABLE
AFTER SCHOOL TRANSPORTATION SERVICES FOR THE
PARTICIPANTS OF THE COLLIER COUNTY PARKS AND
RECREATION PROGRAM
Item #16D2
SELECTION COMMITTEE RANKINGS, AND AUTHORIZE
ENTERING INTO CONTRACT NEGOTIATIONS FOR REQUEST
FOR PROPOSAL NO. 13-6178 FOR CEI SERVICES FOR
VANDERBILT BEAUTIFICATION MSTU — FOR
CONSTRUCTION, ENGINEERING AND INSPECTION
SERVICES FOR THE VANDERBILT BEACH BEAUTIFICATION
MSTU UTILITY CONVERSION PROJECT PHASES II, III AND
IV WITH HOLE MONTES, INC.
Item #16D3
ANNUAL MAINTENANCE AGREEMENT WITH INNOVATIVE
INTERFACES, INC. FOR SIERRA SOFTWARE FOR LIBRARY
SYSTEM OPERATIONS SUPPORT, REQUEST THAT THE
BOARD WAIVE THE FORMAL COMPETITIVE THRESHOLD
PURSUANT TO ORD. NO. 13-69, SECTION 9(B)(2), AND
AUTHORIZE THE CHAIRMAN TO SIGN THE COUNTY
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January 28, 2014
ATTORNEY APPROVED AGREEMENT — SUPPORTING THE
FUNCTIONS OF THE LIBRARY SUCH AS CIRCULATION,
CATALOGING, AND INTERLIBRARY LOANS
Item #16D4
SUBMITTAL OF A GRANT APPLICATION FOR THE 2013/2014
FEDERAL HIGHWAY ADMINISTRATION (FHWA) FLEXIBLE
FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO
THE COLLIER AREA TRANSIT ADMINISTRATION,
OPERATIONS & MAINTENANCE FACILITY IN THE AMOUNT
OF $1,186,348 THROUGH THE FEDERAL TRANSIT
ADMINISTRATION (FTA) TRANSPORTATION ELECTRONIC
AWARD MANAGEMENT (TEAM) SYSTEM — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16D5 — Continued to the February 11, 2014 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A RESOLUTION
SUPERSEDING RESOLUTION NO. 2013-28 ESTABLISHING
NEW BIKE LOCKER RENTAL FEES, POLICIES AND
PROCEDURES AT THE COLLIER AREA TRANSIT
INTERMODAL TRANSFER FACILITY LOCATED AT THE
GOVERNMENT CENTER
Item #16D6
RESOLUTION 2014-18: EXECUTING THE SUPPLEMENTAL
AGREEMENT TO THE JOINT PARTICIPATION AGREEMENT
(JPA) BETWEEN THE FLORIDA DEPARTMENT OF
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January 28, 2014
TRANSPORTATION (FDOT) AND COLLIER COUNTY TO
AMEND THE DISADVANTAGED BUSINESS ENTERPRISE
LANGUAGE FOR CONTRACT AQQ16
Item #16D7
RESOLUTION 2014-19: EXECUTING THE SUPPLEMENTAL
AGREEMENT TO THE JOINT PARTICIPATION AGREEMENT
(JPA) BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND COLLIER COUNTY TO
AMEND THE DISADVANTAGED BUSINESS ENTERPRISE
LANGUAGE FOR CONTRACT AQQ85
Item #16D8
RESOLUTION 2014-20: EXECUTING THE SUPPLEMENTAL
AGREEMENT TO THE JOINT PARTICIPATION AGREEMENT
(JPA) BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND COLLIER COUNTY TO
AMEND THE DISADVANTAGED BUSINESS ENTERPRISE
LANGUAGE FOR CONTRACT AQR01
Item #16D9
AMEND THE STATE/FEDERAL SUBORDINATION LOAN
POLICY TO ALLOW FUTURE SUBORDINATION REQUESTS
TO INCLUDE IMPACT FEE DEFERRAL LIENS — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D10
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January 28, 2014
AN AMENDED AND RESTATED ACCESS EASEMENT
AGREEMENT WITH HEADWATERS DEVELOPMENT
LIMITED LIABILITY LIMITED PARTNERSHIP, LLLP TO
PROVIDE FOR DEVELOPER IMPROVEMENTS TO AN
ACCESS ROADWAY OVER COUNTY PROPERTY
ASSOCIATED WITH THE GORDON RIVER GREENWAY
PROJECT AND AUTHORIZE A BUDGET AMENDMENT
RECOGNIZING REVENUE IN THE AMOUNT OF $140,365.20
(PROJECT NO. 80065. 1) — THE AMENDMENT TERMS
INCLUDE THE MAINTENANCE AND CONSTRUCTION OF
THE ACCESS ROADWAY AND TERMINATION OF THE
AGREEMENT IF THE ENTIRE ROADWAY CORRIDOR ISN'T
SUBSTANTIALLY COMPLETED BY HEADWATERS ON OR
BEFORE FEBRUARY 8, 2016
Item #16D11
A BUDGET AMENDMENT IN THE AMOUNT OF $87,000
FROM TOURIST DEVELOPMENT COUNCIL (TDC) PARK
BEACH FACILITIES FUND (183) RESERVES TO MAKE PILING
REPAIRS TO THE CLAM PASS BOARDWALK DRAWBRIDGE,
AND MAKE A FINDING THAT THIS PROJECT SUPPORTS
TOURISM — DAMAGE CAUSED BY MARINE ORGANISMS TO
14 WOOD PILINGS, 5 HAVE SIGNIFICANT DETERIORATION
AND 9 SHOULD BE RE-JACKETED FOR IMPROVED FUTURE
PROTECTION FROM THE MARINE ORGANISMS WORK WILL
BE PREFORMED BY WRIGHT CONSTRUCTION
Item #16D12
A SUBRECIPIENT AGREEMENT IMPLEMENTING THE
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January 28, 2014
FY2013-2014 ANNUAL ACTION PLAN BY UTILIZING U.S.
HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR
HABITAT FOR HUMANITY - FAITH LANDING
INFRASTRUCTURE PROJECT (FISCAL IMPACT $500,000) — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D13
EXECUTE THE DOCUMENTS NECESSARY TO CONVEY AN
EASEMENT TO LEE COUNTY ELECTRIC COOPERATIVE,
INC. ON COUNTY PROPERTY AT TIGERTAIL BEACH
(PROJECT NO. 90093) — FOR INSTALLATION OF
UNDERGROUND DISTRIBUTION FOR ELECTRIC
INFRASTRUCTURE ON COUNTY PROPERTY FOR THE NEW
RESTROOM IMPROVEMENTS AT TIGERTAIL BEACH PARK
Item #16D14
THIRD AMENDMENT TO AGREEMENT WITH THE COLLIER
COUNTY HOUSING AUTHORITY, INC. (CCHA) FOR A
TENANT BASED RENTAL ASSISTANCE PROJECT TO
EXTEND THE PROJECT COMPLETION DATE — FROM
JANUARY 31, 2014 TO JULY 31, 2014
Item #16E1
SECOND AMENDMENT TO PARKING LICENSE AGREEMENT
WITH VANDERBILT REAL ESTATE HOLDINGS, LP FOR
TEMPORARY PARKING FOR BEACH MAINTENANCE
EQUIPMENT — THE RENT EQUATES TO $575 MONTHLY AND
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January 28, 2014
WILL BE WITHDRAWN FROM THE TDC BEACH
RENOURISHMENT FUND (195), BEACH CLEANING PROJECT
NUMBER (90533. 1) EXTENDED THE AGREEMENT TO
OCTOBER 31, 2015
Item #16E2
ADDITIONS, DELETIONS, AND RECLASSIFICATIONS TO
THE 2014 FISCAL YEAR PAY AND CLASSIFICATION PLAN
MADE FROM OCTOBER 1, 2013 THROUGH DECEMBER 31,
2013
Item #16E3
RECOGNIZE $2,739 IN REVENUE DUE TO THE ON-LINE
AUCTION SALE OF TWO 2004 SUZUKI OUTBOARD MOTORS
AND APPROVE THE NECESSARY BUDGET AMENDMENT
FOR THE OCHOPEE FIRE CONTROL DISTRICT FOR THE
PURPOSE OF REPLACING FIRE/RESCUE EQUIPMENT
Item #16E4
AWARD REQUEST FOR PROPOSAL (RFP) #13-6163 SECURITY
SERVICES TO G4S SECURE SOLUTIONS, INC. (USA) FOR
COURTHOUSE AND GOVERNMENT SECURITY SERVICES
AND AUTHORIZE THE CHAIRMAN TO EXECUTE A COUNTY
ATTORNEY APPROVED AGREEMENT
Item #16H1
RESOLUTION 2014-21 : APPOINTMENT OF MEMBER TO THE
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January 28, 2014
PARKS AND RECREATION ADVISORY BOARD —
REAPPOINTING DAVID SALETKO TO A TERM EXPIRING ON
DECEMBER 31, 2017 - ADOPTED
Item #16H2
RESOLUTION 2014-22: APPOINTMENT OF MEMBERS TO THE
PELICAN BAY SERVICES DIVISION BOARD —
REAPPOINTING HUNTER HANSEN FOR COMMERCIAL
CATEGORY AND REAPPOINTING FRANK C. DICKSON, II
AND SUSAN O'BRIEN FOR THE RESIDENTIAL CATEGORY
TO A TERM EXPIRING ON MARCH 31, 2018
Item #16H3
REQUEST BY COMMISSIONER HILLER FOR
RECONSIDERATION OF ITEM #6A FROM THE JANUARY 14,
2014 BCC MEETING TITLED: PUBLIC PETITION REQUEST
FROM JARED GRIFONI REPRESENTING THE LIBERTARIAN
PARTY OF COLLIER COUNTY, REQUESTING THAT THE
BOARD OF COUNTY COMMISSIONERS RESCIND
ORDINANCE 2013-70 WHICH ESTABLISHED THE LA
PENINSULA SEAWALL MUNICIPAL SERVICE BENEFIT UNIT
(MSBU) AND RESCIND RESOLUTION 2013-292 WHICH
ESTABLISHED A SPECIAL ASSESSMENT FOR FUNDING THE
SEAWALL IMPROVEMENTS. BOTH ORDINANCE 2013-70
AND RESOLUTION 2013-292 WERE ADOPTED BY THE
BOARD OF COUNTY COMMISSIONS ON DECEMBER 10, 2013
Item #16H4
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January 28, 2014
RESOLUTION 2014-23: A RESOLUTION REMOVING A
MEMBER FROM THE BLACK AFFAIRS ADVISORY BOARD
AND TO DECLARE THE MEMBER'S SEAT TO BE VACANT —
REMOVING FRANK CUMMINGS DUE TO HIS RECENT
ARREST ON SERIOUS CHARGES
Item #16H5
DECLARE THE ATTENDANCE BY COMMISSIONER(S) AND
STAFF AT THE FLORIDA ASSOCIATION OF COUNTIES
LEGISLATIVE DAY CONFERENCE, MARCH 26-28, 2014, TO
BE A VALID PUBLIC PURPOSE — TO BE HELD AT THE FSU
TURNBULL CONFERENCE CENTER, 555 W PENSACOLA ST.,
TALLAHASSEE
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE MARCO ISLAND POLICE
FOUNDATION LUNCHEON ON FEBRUARY 6, 2014. THE SUM
OF $20 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — TO BE HELD AT HIDEAWAY BEACH CLUB, 250
SOUTH BEACH DRIVE, MARCO ISLAND
Item #16H7
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE COLUMBIETTES WINTER
WONDERLAND DINNER DANCE ON JANUARY 25, 2014. THE
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January 28, 2014
SUM OF $40 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET — HELD AT SAN MARCO CATHOLIC
CHURCH, PARISH HALL, 851 SAN MARCO ROAD, MARCO
ISLAND
Item #16H8
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE NAPLES LAKES BOOK
CLUB DISCUSSION ON FEBRUARY 13, 2014. THE SUM OF $12
TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — HELD AT NAPLES LAKES COUNTRY CLUB, 4784
INVERNESS CLUB DRIVE, NAPLES
Item #16H9
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE MARCO ISLAND
CENTER FOR THE ARTS RHAPSODY IN BLACK ON
FEBRUARY 9, 2014. THE SUM OF $70 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT
ISLAND COUNTRY CLUB, 500 NASSAU ROAD, MARCO
ISLAND
Item #16H10
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE LET THE FUN TIMES
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January 28, 2014
ROLL AT MARDI GRAS ON FEBRUARY 28, 2014. THE SUM
OF $100 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET — HELD AT NAPLES BEACH HOTEL &
GOLF CLUB, 851 GULF SHORE BOULEVARD NORTH,
NAPLES
Item #16H11
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE NAPLES ZOO
COCKTAILS & COCKATOOS EVENT ON FEBRUARY 8, 2014.
THE SUM OF $75 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET — HELD AT HARMON-MEEK
GALLERY, 599 9TH STREET NORTH, NAPLES
Item #16J1
BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD
OF JANUARY 3, 2014 TO JANUARY 9, 2014 AND
FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE
BOARD
Item #16J2
BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD
OF JANUARY 10, 2014 TO JANUARY 16, 2014 AND FOR
SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD
Item #16J3
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January 28, 2014
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFF'S OFFICE TO HAVE TRAFFIC CONTROL
JURISDICTION OVER PRIVATE ROADS WITHIN THE
TARPON BAY SUBDIVISION
Item #16J4
THE CLERK OF COURTS INVESTMENT UPDATE REPORT
FOR THE QUARTER ENDED DECEMBER 31, 2013
Item #16K1
AN ASSUMPTION AGREEMENT SUBSTITUTING THE LAW
FIRM OF BAKER, DONELSON, BEARMAN, CALDWELL &
BERKOWITZ, P.C., FOR THE LAW FIRM FEMA LAW
ASSOCIATES, PLLC, IN THE RETENTION AGREEMENT
DATED DECEMBER 11, 2012; AND AUTHORIZE STAFF TO
OPEN A PURCHASE ORDER IN AN AMOUNT NOT TO
EXCEED $15,000
Item #16K2
AN AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
RELATING TO RETENTION AGREEMENT HAHN LOESER &
PARKS, LLP, EXTENDING THE EXPIRATION DATE TO
FEBRUARY 9, 2016. THERE IS NO NEW FISCAL IMPACT
ASSOCIATED WITH THIS AMENDMENT — FOR
PROFESSIONAL SPECIALIZED LEGAL SERVICES
Item #16K3
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January 28, 2014
THE CHAIR TO EXECUTE THE PROPOSED COLLIER
COUNTY EMERGENCY SERVICES MEDICAL DIRECTOR
AGREEMENT WITH DR. TOBER — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16K4
RESOLUTION 2014-24: A RESOLUTION CONFIRMING THE
JANUARY 14, 2014 APPOINTMENTS OF THE CHAIR AND
VICE-CHAIR OF THE BOARD OF COUNTY COMMISSIONERS,
AND VARIOUS OTHER BOARDS, AND REPEALS
RESOLUTION NO. 2013-291, WHICH IS IN PART, IN
CONFLICT WITH SUCH APPOINTMENTS — ADOPTED
Item #17A
ORDINANCE 2014-01 : AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 92-7, THE R. ROBERTS
ESTATE PUD, AND AMENDING ORDINANCE NUMBER 2004-
41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS; BY CHANGING THE ZONING DESIGNATION OF 3.2
ACRES OF LAND FROM RESIDENTIAL SINGLE FAMILY-3
(RSF-3) TO R. ROBERTS ESTATE MIXED USE PLANNED UNIT
DEVELOPMENT; BY INCREASING THE SIZE OF TRACT A OF
THE PUD BY 3 ACRES, FROM 5.9 ± ACRES TO 8.9 ± ACRES;
BY CHANGING THE PERMITTED USES ON TRACT A FROM
Page 167
January 28, 2014
SINGLE FAMILY RESIDENTIAL TO UP TO 50,000 SQUARE
FEET OF GROSS FLOOR AREA OF INSTITUTIONAL AND
PROFESSIONAL OFFICE USES; BY REVISING SECTION I,
PROPERTY DESCRIPTION; BY REVISING DEVELOPMENT
STANDARDS AND DEVELOPER COMMITMENTS FOR THE
PUD LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE
AND NORTH AND EAST OF SR-29 IN SECTION 4, TOWNSHIP
47 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA
CONSISTING OF 42 ± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE (PETITION NUMBER PUDA-
PL20130000052)
Item #17B
RESOLUTION 2014-25: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2013-14 ADOPTED BUDGET
Item #17C
ORDINANCE 2014-02: AMENDMENTS TO ORDINANCE 87-5,
INCENTIVES FOR JOB RELATED ACHIEVEMENT AS
ADVERTISED, ADDING AN AWARD FOR EMPLOYEES WHO
ARE RETIRING UNDER THE FLORIDA RETIREMENT
SYSTEM WITH AT LEAST 5 YEARS OF COUNTY SERVICE
Page 168
January 28, 2014
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3: 13 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL •ISTRI ITS UNDER ITS CONTROL
L
TOM HENNING, CI*TRMAN
ATTEST' - fi
DWI( T E. Q -OCK, CLERK
1'.A, `�It Imo'
est as foChairmanit ' /'
•
signature only -- •.. V' i
These minutes approved by the Board on , 25 ` 714 ,
as presented i./'-' or as corrected .
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 169