BCC Minutes 05/13/2003 R
May 13, 2003
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 13, 2003
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board( s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Tom Henning
Frank Halas
Donna Fiala
Fred W. Coyle
Jim Coletta
ALSO PRESENT: Jim Mudd, County Manager; David Weigel,
County Attorney; Dwight Brock, Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
AGENDA
May 13, 2003
9:00 a.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 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.
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".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS 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.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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May 13, 2003
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, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Eric Richardson, Grace Bible Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
B. April 8, 2003 - Regular Meeting
C. April 15, 2003 - Workshop
D. April 16, 2003 - Workshop
E. April 17, 2003 - Town Hall Meeting
F. April 22, 2003 - Regular Meeting
G. April 30, 2003 - Town Hall Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation to designate the week of May 19 through May 23, 2003 as
Collier County Safe Boating Week. To be accepted by William J. Reid, Past
Commander of Naples Sail Power Squadron.
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May 13, 2003
B. To designate the week of May 12 through May 16,2003 as Tourism Week
in Collier County. To be accepted by Clark Hill, General Manager of Hilton
Naples and Towers on behalf of the Collier County Lodging Association.
C. Proclamation to designate May 15,2003 as Law Enforcement Appreciation
Day. To be accepted by Sheriff Don Hunter.
D. Proclamation to dedicate the Sheriffs Office Golden Gate Substation in
memory and honor of Major Pat Mullen. To be accepted by Sheriff, Don
Hunter.
E. Proclamation to designate the Month of Mayas Teen Pregnancy Prevention
Awareness Month. To be accepted by Dr. Pete Tougas, Naples Area
Teenage Parenting Program and Ramona McNicholas, American
Association of University for Women.
F. Proclamation to designate May 12 through 18 as Immokalee Friendship
House Week. To be accepted by Ed Laudise, Executive Director of the
Immokalee Friendship House.
G. Proclamation to designate May 18 through 24 as Emergency Medical
Services Week. To be accepted by Christine Crato, EMS Paramedic of the
Year.
5. PRESENTATIONS
A. Item continued from April 22. 2003 BCC Meetin2. Presentation by Fire
Chief Donald R. Peterson, regarding the installation of speed bumps,
calming devices and pre-entry treatments on roads.
B. Presentation of the Phoenix Awards by John Dunnuck, Public Services
Administrator.
6. PUBLIC PETITIONS
A. Public petition request by Mr. Bob Krasowski to discuss Zero Waste
Strategy/Plan Outline for the Handling of Collier County's Solid Waste
Stream.
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May 13, 2003
B. Public petition request by Mr. Georges Chami to discuss Town Market
request for Independent Investigation. Copies of the citizens' petition
supporting Mr. Chami's public petition are available for public inspection in
the County Manager's Office, 2nd Floor, 3301 East Tamiami Trail, Naples.
7. BOARD OF ZONING APPEALS
A. Item continued from April 8. 2003 BCC Meetin2. This item requires that
all participants be sworn in and ex parte disclosure be provided by
Commission members. V A-2002-AR-3379, Aquatic Architects, Inc.,
representing Kris and Jodi Anderson, requesting an after-the-fact variance of
1.8 feet from the minimum rear yard accessory structure setback of 10 feet
to 8.2 feet for a screened enclosure addition to a single family dwelling for
property located at 349 Wimbledon Lane, further described as Berkshire
Lakes, Unit I, Block B, Lot 39, in Section 32, Township 49 South, Range 26
East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition PUDZ-02-AR-
3095, Mr. Richard D. Y ovanovich of Goodlette, Coleman and Johnson,
representing Marian Gerace and Wallace Lewis, Jr., requesting a rezone
from "A" Rural Agricultural to PUD, Planned Unit Development to be
known as the Livingston Village PUD allowing for a maximum 590
residential dwelling units for property located on the east side of Livingston
Road (CR 881) and west side of the 1-75 right-of-way in Section 19,
Township 49 south, Range 26 east, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Airport Authority.
B. Appointment of member to the Collier County Coastal Advisory Committee.
C. Appointment of member to the County Government Productivity
Committee.
D. Appointment of member to the Board of Building Adjustments and Appeals.
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May 13,2003
E. Discussion regarding amending the ordinance to change the membership on
the Bayshore/Gateway Triangle Local Redevelopment Advisory Board.
(Commissioner Henning)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to confirm the
appointment of Ms. Len Golden Price to the position of Administrative
Services Administrator. (Jim Mudd, County Manager)
B. Adopt a resolution authorizing the condemnation of fee simple interest in
property required for the construction of a storm water treatment pond along
Golden Gate Boulevard made necessary by the construction of roadway
improvements along 13th Street Southwest from Golden Gate Boulevard
South to 16th Avenue SW (Project No. 69068). (Fiscal Impact:
$200,000.00) (Norman Feder, Administrator, Transportation)
C. Approve two agreements for sale and purchase with the Paul Family for the
purchase of property to house the Northeast Regional Water Treatment Plant
and Water Reclamation Facility at a cost not to exceed $6,007,000. Project
Numbers 70154 and 73155. (Jim DeLony, Administrator, Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Closed Attorney-Client Session
pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiation
issues in Terracina, LLC v. Collier County, Case No. 02-4440-CA-HA YES,
now pending in the Circuit Court, Naples, Florida.
B. Reject a proposed settlement agreement providing for abatement of violation
and compromise of lien in two Code Enforcement Lien Foreclosures entitled
Collier County v. Anthony J. Varano, Case Nos. 99-4226-CA and 00-3430-
CA.
C. Approve the Stipulated Final Judgment as to Parcel 909 for $51,000 in
Collier County v. Jessie M. Durden, et aI, and purchase of remainder
property (Santa Barbara Sewer Force Main Interconnect-Projects 73132,
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May 13, 2003
73150, and 73151). For additional $214,000. (Total cost of $265,000)
13. OTHER CONSTITUTIONAL OFFICERS
A. Recommend that the Board of County Commissioners serve as the Local
Coordinating Unit of Government for the United States Department of
Justice Three Year COPS Universal Hiring Program 2003 Grant.
B. Recommend that the Board of County Commissioners serve as the Local
Coordinating Unit of Government for the United States Department of
Justice COPS Homeland Security Overtime Program 2003 Grant.
C. Recommend that the Board of County Commissioners serve as the Local
Coordinating Unit of Government for the United States Department of
Justice Three Year COPS in Schools 2003 Grant.
D. Request that the Board of County Commissioners authorize the expenditure
of available funds for the purchase of 800 MHz portable radios for the
Sheriff s Office.
14. AIRPORT AUTHORITY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to approve for recording the final plat of "Treasure Point",
and approval of the Standard Form and Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
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May 13, 2003
2) Consider approval of a contract amendment in the amount of $12,500
for professional consultant services from the Gail Easley Company for
services related to the revision of the Collier County Land
Development Code (LDC).
3) Request to grant final acceptance of the water and sewer
improvements for the final plat of "Island Walk Phase Five-A".
4) Request to grant final acceptance of the water and sewer
improvements for the final plat of "Island Walk Town Center".
5) Final acceptance of water utility facilities for Galleria at Vanderbilt.
6) Final acceptance of water and sewer utility facilities for Countryside
Commons, Phase One.
7) Approval of the Satisfaction of Lien for Code Enforcement Board
Case No's: 2001-076; 2001-082; 2002-012 and IM2001-001.
8) Approval of Contract #02-3317, in the amount of$38,324, with
Henderson, Young and Company for consultant services for a Fire
Protection Impact Fee Update Study.
9) Approval of one (1) impact fee reimbursement of$49,381.56 due to
overpayment.
10) Approval of one (1) impact fee reimbursement of$6,016.82 due to
building permit cancellation.
11) Approval of one (1) impact fee reimbursement of$43,611.84 due to
twelve (12) building permit cancellations.
B. TRANSPORTATION SERVICES
1) Item continued from April 22. 2003 BCC Meetin2 and is further
continued indefinitely. Recommendation that the Board of County
Commissioners conditionally accept recorded easements and deeds
for Whippoorwill Lane; and approve an indemnification agreement;
and accept provision of cash escrow and letter of credit as set forth in
agreement. All matters pertain to the land acquisition and
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May 13, 2003
construction of a roadway on the property conditionally accepted by
the County for construction by private parties of Whippoorwill Lane.
2) Approval of the design and purchase of bus stop shelters and
accessories and the proposed locations for the Orange and Green
Routes of the Collier Area Transit (CAT).
3) Approve a revised right-of-way permit and inspection fee schedule for
the Transportation Operations Department.
4) Approve selection committee ranking of firms for contract
negotiations for RFP 03-3465 "Annual Contract for Traffic
Engineering Consultant Services" (estimated dollar amount of
contract not to exceed $500,000 annually per firm).
5) Recommendation to award Bid #03-3440 - Annual Contract for
Television Inspection and Desilting of Storm Sewer Collection
Systems for the approximate annual amount of $50,000.
6) Recommendation to award Bid #03-3491 - Annual Contract for
Retention Pond Mowing and Litter Removal for the approximate
annual amount of$19,000.
7) Award a construction contract in the amount of $1 ,592,715.30 to
Thomas Marine Construction Inc., and allocate $150,000.00 (10% of
the construction cost) for contingency purposes to construct the
proposed Lakeland Avenue Bridge and Roadway Construction
Project, from Piper Boulevard to Immokalee Road, Project No. 66042,
Bid No. 03-3492.
C. PUBLIC UTILITIES
1) Ratify the emergency purchase of parts and service from original
equipment installation contractor for Degasifier Tower #1 at the North
County Regional Water Treatment Plant.
2) Approve Florida Department of Environmental Protection
Certification of Financial Responsibility Form, for the South County
Water Reclamation Facility Injection Well, Project 73154.
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May 13, 2003
3) Approval of one (1) impact fee refund request for Penny S. Dirocco
totaling $2,690.
4) Approve Work Order #MP-FT-03-02, for Municipal Solid Waste
Processing and Gasification Project Negotiations to Malcolm Pirnie,
Inc., under Contract #00-3119, Fixed Term Utilities Engineering
Services, in the amount of $232,960.
5) Declare the Naples Landfill fan based odor control system surplus and
recommend the most equitable method of disposal.
6) Approval to piggyback on request for Letters of Interest Number
090297RB from Broward County for annual security services from
Wackenhut Corporation at the South County Regional Water
Treatment Plant in the estimated amount of $75,000.
7) Approval of a budget amendment for costs related to the restructuring
of the administrative function of the Public Utilities Engineering
Department and equipment required to support expanding capital
improvement programs in the amount of $43,900.
8) Approval of a budget amendment for costs related to the hiring of a
Solid Waste Project Manager, and reimbursement of those expenses
from Solid Waste Disposal Fund 470 to County Water/Sewer
Operating Fund 408 in the amount of $35,000.
D. PUBLIC SERVICES
1) Adopt a resolution appointing officers to the Collier County
Agricultural Fair and Exposition, Inc. Board of Directors for 2003-
2004.
2) Approve a limited use license agreement between the Board of
County Commissioners and Southern Extreme Water Ski Team, using
a specified County-owned property for conducting a water ski
tournament June 20-22, 2003 at Sugden Regional Park.
3) Approve a request to apply for two Florida Communities Trust Florida
Forever Grants, one in the amount of$I,909,200 reimbursement for
the purchase of the Barefoot Beach Outparcel and one in the amount
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May 13, 2003
of$I,100,000 reimbursement for the purchase of mitigation lands for
the Lely Area Stormwater Improvement Project.
4) Approve the donation agreement from David W. Fisher and Kay J.
Britt, as successor trustees of the Harold W. Fisher Trust, for a future
playground in Copeland at a cost not to exceed $2,300.
5) Approve the Older Americans Act Continuation Grant and authorize
the Chairman to sign the contract between Collier County Board of
County Commissioners and the Area Agency on Aging for Southwest
Florida Inc., D/B/A Senior Solutions of Southwest Florida. As the
Contract associated with this executive summary is well over 50
pages, a copy is available at the Human Services Department and will
be provided upon request.
6) Obtain Board approval to reject Bid No. 02-3414 and to award Bid
No. 03-3478 "Tee Shirts" to T-Shirt Express in an amount not to
exceed $45,000.
7) Approve a license agreement with the Marco Island Historical Society
to designate land for a future museum on Marco Island.
8) Approve an agreement with the Tradewinds Foundation to fund an
accessible boating program at County parks.
E. ADMINISTRATIVE SERVICES
1) Approval of a building naming policy which would allow for the
special naming and dedication of county-owned buildings, structures
and/or other facilities.
2) Obtain Board approval to award Bid No. 03-3408
"Herbicides/Pesticides/Fungicides" to multiple vendors.
3) Recommendation to award Bid No. 03-3495, Concrete/Pavement
Contractor (estimated value $50,000).
4) Approval of a lease agreement with Congressman Mario Diaz-Balart
for use of County-owned office space for two years at a total revenue
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May 13, 2003
of $20.00.
5) Approval of a lease agreement with State Representative Dudley
Goodlette for the continued use of his office space for two years at a
total revenue of $20.00.
6) Recommendation to award Bid No. 03-3475R, Temporary Labor
Contract (estimated value $350,000.00).
7) Approve selection committees recommended short list of architects
for RFP 03-3489, the addition, design and renovations to the Golden
Gate Library at 4898 Coronado Parkway.
8) Item continued from April 22. 2003 BCC Meetin2.
Recommendation to award Bid No. 03-3468, Pump and Motor Repair
for County-wide equipment maintenance to Naples Armature as
primary awardee and Horvath Electric as secondary awardee in the
estimated annual amount of $300,000.
9) Approve budget amendment to increase appropriations and associated
revenues for operating costs in Fleet Management Fund (521) in the
amount of $197,000 for repair parts and outside vendors, and
$349,400 for fuel; and approve a $32,000 increase in appropriations
for personnel overtime, with a matching decrease in appropriated
capital expenditures.
10) Approve selection committee ranking of firms for contract
negotiations for RFP 03-3497 "Auditing Services for Collier County"
(estimated dollar amount of contract $215,500).
11) Approve purchase of six (6) medium-duty replacement advanced life
support "Medicmaster" ambulances from American LaFrance
Corporation using Palm Beach County Bid #02-195/CB, and purchase
of radios and data recorders for the ambulances under separate bids.
($815,460.00)
12) Approve amendments to Contracts #01-3289, #01-3290, #01-3292,
#00-3119 and #00-3184 to adjust contract time provisions and fee
schedules respectively.
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May 13, 2003
13) Recommendation to clarify current purchasing policy regarding the
accumulation and subsequent release of contractor retainage.
14) Request approval of a First Amendment to Lease Agreement with
Abbas Ahrabi Asli for building utilized by the Property Appraiser's
Offices.
F. COUNTY MANAGER
1) Recognize and appropriate $3,799 in additional revenue from a
Florida Department of Community Affairs State and Local Assistance
(SLA) Grant and approve the necessary budget amendment.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1) Authorize the County Attorney's office to make a business damage
offer to settle a claim for business damages by Fogg's Nursery and
Mulch Supply Inc., associated with the acquisition of Parcel 112 in
the Lawsuit styled Collier County v. Norma E. Banas, et ai, Case No.
02-5137-CA (Immokalee Road Project #60018).
2) Authorize the County Attorney's office to accept an Offer of
Judgment from Respondent, John A. Pulling Jr., Trustee, to settle a
claim for business damages in connection with the acquisition of
Parcel 104 in the Lawsuit styled Collier County v. John A. Pulling,
Jr., et aI, Case No. 02-1908-CA (Livingston Road Project #62071).
3) Approve the stipulated final judgment relative to the acquisition of
Parcels 102 and 702 in the lawsuit styled Collier County v. Marian H.
Gerace, as Successor Trustee, et ai, Pine Ridge Road Project No.
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May 13, 2003
60111.
4) That the Board of County Commissioners execute a cancellation of
mortgage to release a third mortgage recorded at O.R. Book 2577,
Page 3248 of the Official Records ofCoUier County, Florida.
5) Approval of settlement agreement and mutual release involving
litigation in Aston Gardens at Pelican Marsh v. Collier County, Case
No. 03-595-CA in the Circuit Court of the Twentieth Judicial Court.
6) Approval of settlement agreement and mutual release for previously
unpaid educational, road, community and regional parks and library
impact fees for Arden Courts at Lely Palms and Manor Care at Lely
Palms.
7) Request for the Board of County Commissioners to provide direction
to the Office of the County Attorney regarding settlement negotiations
in Terracina, LLC v. Collier County, Case No. 02-4440-CA, now
pending in the Twentieth Judicial Circuit Court for Naples, Collier
County, Florida.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROV AL 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
QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN
IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUD-02-AR-2240, Mr.
Donald Pickworth, representing Centex Homes, requesting a rezone from
"PUD" Planned Unit Development to a new Planned Unit Development
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May 13, 2003
(PUD) for the purpose of amending the Twelve Lakes PUD in order to
revise the PUD document references and to update the master plan for
property located on the north side of Davis Boulevard (SR 84) and the south
side of Radio Road (CR-856) in Section 4, Township 50 South, Range 26
East.
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-02-AR-3486,
Vincent Cautero of Coastal Engineering Consultants Inc., representing
Collier County Government requesting Conditional Use "26" in the "A"
Agricultural Zoning District per Section 2.2.2.3.26 of the Collier County
Land Development Code allowing for a Government office building for
property located on the northwest corner of Orange Blossom Drive and
Airport-Pulling Road (CR 31) in Section 2, Township 49 south, Range 25
east, Collier County, Florida.
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. RZ-2002-AR-3160,
Robert L. Duane, of Hole Montes Inc., representing Benderson Development
Co., requesting a rezone from "A" Rural Agricultural to "C-3" for parking
and infrastructure only, for property located east of Donovan Center PUD on
the south side of Immokalee Road in Section 30, Township 48 south, Range
26 east, Collier County, Florida, consisting of 0.44+ acres.
D. To approve the recommended amendments to the Collier County
Community Automated External Defibrillator Ordinance 98-36.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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May 13, 2003
May 13,2003
Item #2A
REGULAR, SUMMARY AND CONSENT AGENDA -
CHAIRMAN HENNING: Would everybody take their seats,
please. I want to welcome everybody to the May 13th, '03, Board of
County Commissioners of Collier County.
The invocation will be given by Richard Erickson of Center
Point Community Church, and to follow that, the pledge will be led
by Steve Harp, staff liaison for Collier County for U.S. Congressnlan
Mario Diaz- Balart.
Would you all rise, please.
MR. ERICKSON: Let us pray. I want to thank you for this
day, and we thank you for Collier County and for this board, and we
just pray that you'd give them great wisdom in all of the decisions
that they need to make today.
And I would thank you for all the different aspects of our
community that are represented here in this room, and just thank you
so much for your grace and your mercy which you show to us, and
may we be people who are gracious and merciful as well, and always
looking out for the best interest for our county, for our country.
And we also pray for the leaders of our country, that they would
have great wisdom and insight in how to run our country and the
same for our county.
And we just thank you so much for all of the great blessings that
you give to us.
And it's in Jesus' name we pray, amen.
(The Pledge of Allegiance was recited in
unison. )
CHAIRMAN HENNING: Thank you very much.
County Attorney David Weigel, do we have any additions,
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May 13,2003
corrections, deletions from today's agenda?
MR. WEIGEL: Thank you, Mr. Chairman, Commissioners, just
one comment, and that is, on your agenda today is a closed session
discussion with the Board of County Commissioners and the attorney
in regard to Terracina versus Collier County. That's item 12(A).
I have had the opportunity to discuss the matter with
commissioners individually. And unless a commissioner would wish
for the closed session, we have placed the item in chief on our county
attorney consent agenda along with two other school board impact
fee items. If they -- if it's the board's desire to leave those on the
consent agenda, there will be no need for the closed session, item
12(A), and I would ask that that be deleted if the board so wishes.
CHAIRMAN HENNING: Thank you.
County Manager Jim Mudd, do you have any changes?
MR. MUDD: Yes, I do, Mr. Chairman.
On your -- on your sheet, 16(A)8, there's a correction, and it
should state, under considerations in the third paragraph, the text
reads, fire steering committee and should read fire service steering
committee.
The next item is, move item 16(C)4 to 10(D), and that's approve
a work order MP-FT -03-02 for municipal solid waste processing and
gasification project negotiations to Malcom Pirnie, Inc., under
contract 00-3119, fixed term utilities engineering service in the
amount of $232,960, and that's at Commissioner Coletta's request.
The next item is item 16(D)4, and that is to be continued
indefinitely, and that's to approve the donation agreement from David
W. Fisher and Kay J. Britt, as successor trustees of the Harold W.
Fisher Trust for a future playground in Copeland at the cost not to
exceed $2,300, and that's at the staffs request.
Next item is to withdraw item 16(E)14, and that's to request
approval of a first amendment to lease agreement with Abbas Ahrabi
Asli for a building utilized by the property appraiser's office, and
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May 13,2003
that's at the staffs request.
This is a new item that came to our attention this morning, and it
has to do with 16(E)4, and it's a correction to the square footage to
the lease agreement with Congressman Mario Diaz- Balart for use of
the county-owned office space. The correct square footage is 532
square feet, not the 182 square feet as noted in the executive
summary.
The next item that you don't have on your list, but it's a switch,
because there's some folks on the road, and it has to do with item
4(D). We would like to have that item heard after 4(G), just a
reversal in the order, on proclamations, because Mr. Mullen's family
is on the road coming here, to be here during that proclamation and
isn't here yet.
And the other item, Commissioners, just for seating
arrangements, I would -- I would recommend that we put item 5(B),
and that's the Phoenix Award, before we start any proclamations on 4
so we can clear the house and I can get these paramedics back to
work.
And then we have a couple of time certain items.
Item 10(A) to be heard at 10 a.m., and that's the
recommendation to confirm the appointment of Ms. Len Golden
Price to the position of administrative services administrator.
Item 12( A) to be heard at 12 noon, and Mr. -- and the county
attorney already mentioned that there's no need for that, so that's
basically withdrawn.
Items 13(A), (B), (C), and (D), to be heard immediately after the
proclamations, and -- because the sheriff will be here for the
proclamations, and we can get his folks back to work after that.
And last but not least, item 8(A), I have a request that came in
this morning from Mr. Richard Y ovanovich, who is also the city
lawyer for Marco. If we could do 8(A) after 11 a.m., any time after
11, because he has city business this morning.
Page 4
May 13, 2003
That's all I have, Mr. Chairman.
Oh, Mr. Chairman, one other thing that came in this morning. I
need to read a letter into the record, and it is basically a letter from
Young -- it's basically a letter from Bruce Anderson. It has do with
item 17(C) today.
Dear Commissioners, our firm represents Benderson
Development Company, the petitioner on the above-referenced
rezone application. This letter is to confirm Benderson's
understanding and agreement that approval of the above-referenced
rezone does not constitute an approval of any abandonment or
vacation of any public right-of-way shown on the conceptual site
development plan attached to the application. Signed, R. Bruce
Anderson.
And that's -- there was some -- there was some -- some issues
about item 17(C), and we resolved those yesterday evening, sir.
That's all I have, Mr. Chairman.
CHAIRMAN HENNING: And does that language satisfy the
county attorney's office?
MR. WEIGEL: Yes, it does. We have one postscript on
another revision, and Ms. Student will provide that in reference to the
record.
MS. STUDENT: Thank you. For the record, Marjorie Student,
assistant county attorney.
On item 7(A) --
MR. WEIGEL: Seventeen.
MS. STUDENT: 17 -- I beg your pardon -- 17(A), the Twelve
Lakes PUD, there were just some minor typos and a revised
document that I've gotten and those have been fixed, and I just need
to put those on the record before you approve it. It wasn't any
substantive changes, just some typographical errors.
CHAIRMAN HENNING: Thank you.
Commissioner Coletta, do you have any changes to today's
Page 5
May 13, 2003
agenda or do you have any ex parte communication on the summary
agenda?
COMMISSIONER COLETTA: On the -- 17(C), I met with
Bruce Anderson and talked to him about the item.
Other than that, I have nothing else to declare, and I have
nothing else that I wish to have pulled from the consent agenda.
Thank you for asking.
CHAIRMAN HENNING: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Question of the county manager.
You indicated yesterday that item 17(A) might have some issues
attached to it. Have those been resolved also?
MR. MUDD: Yes, sir. The traffic impact study piece has been
resolved. It meets that.
COMMISSIONER COYLE: Then in that case, I have no
further changes to the agenda, and I have no disclosures with respect
to the summary agenda.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: No changes, no disclosures, but I'd
like to see if we couldn't lock these doors so we keep this audience in
here. I hate to see them all leave. It's great to have company in here.
COMMISSIONER COYLE: No, it's not.
CHAIRMAN HENNING: Yeah. I'd like to see them go back to
work.
Commissioner Halas, do you have any changes or ex parte
communication?
COMMISSIONER HALAS: I don't have any changes, but I
have ex parte of 17(C), meetings with the people involved in the
Benderson project, also correspondence, emails, and phone calls.
CHAIRMAN HENNING: Okay. Thank you.
I have no changes to today's agenda.
I do have ex parte communication on 17(A), one of my
Page 6
May 13,2003
constituents, also talked to county staff and Mr. Pickworth.
With that, I'll entertain a motion to --
COMMISSIONER COLETTA: So move.
CHAIRMAN HENNING: -- a motion to accept today's agenda,
regular, consent, and summary agenda as amended.
COMMISSIONER HALAS: I second it.
CHAIRMAN HENNING: There's a motion by Commissioner
Coletta, second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(N 0 response.)
CHAIRMAN HENNING: Motion carries unanimously.
Page 7
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
May 13. 2003
Item 16(A)8 correction: Under "Considerations" in the third paragraph, the text
reads Fire Steering Committee and should read Fire Service Steering Committee.
Move item 16(C)4 to 100: Approve Work Order #MP-FT-03-02, for Municipal Solid
Waste Processing and Gasification Project Negotiations to Malcolm Pirnie, Inc.,
under Contract #00-3119, Fixed Term Utilities Engineering Services, in the amount
of $232,960. (Commissioner Coletta request.)
Continue item 16(0)4 indefinitely: Approve the donation agreement from David W.
Fisher and Kay J. Britt, as successor trustees of the Harold W. Fisher Trust, for a
future playground in Copeland at a cost not to exceed $2,300. (Staff request.)
Withdraw item 16(E)14: Request approval of a First Amendment to Lease
Agreement with Abbas Ahrabi Asli for building utilized by the Property
Appraiser's offices. (Staff request.)
Time Certain Items:
Item 10(A) to be heard at 10:00 a.m. Recommendation to confirm the
appointment of Ms. Len Golden Price to the position of Administrative Services
Administrator.
Item 12(A) to be heard at 12:00 noon: Closed Attorney-Client Session pursuant to
Section 286.011 (8), Fla, Stat., to discuss settlement negotiation issues in
Terracina, LLC v. Collier County, Case No. 02-4440-CA-HAYES, now pending in the
Circuit Court, Naples, Florida.
Items 13 (AHBHCHD) to be heard immediately after Proclamations.
May 13,2003
Item #2B through Item #2G
MINUTES FOR REGULAR MEETING OF APRIL 08, 2003;
WORKSHOP MEETING OF APRIL 15,2003 AND APRIL 16,
2003; TOWNHALL MEETING OF APRIL 17,2003; REGULAR
MEETING OF APRIL 22, 2003; AND TOWNHALL MEETING OF
Entertain a motion to accept the minutes of 04/08/03, regular
meeting; 04/15/03, workshop; 04/16/03, workshop; 04/17/03, town
hall meeting; 04/22/03, regular meeting; 04/30/03, town hall meeting.
COMMISSIONER COYLE: So move.
COMMISSIONER FIALA: Second that.
CHAIRMAN HENNING: There's a motion by Commissioner
Coyle, second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: The motion carries unanimously.
Ladies and gentlemen, we need to get together more often. It
looks like we didn't meet enough in April.
Item #5B
:NIOENJX AWARDS - ERESENIED
We have a presentation today, item 5(B), and that will be given
Page 8
May 13,2003
by John Dunnuck, our public service administrator. Mr. Dunnuck?
MR. DUNNUCK: Good morning, Commissioners. For the
record my name is John Dunnuck.
The Collier County Emergency Medical Services Department
has adopted the Phoenix Award to recognize those EMS paramedics
who, through their skills and knowledge, have successfully brought
back to life individuals who had died. The Phoenix was a
mythological bird who died and rose renewed from its own ashes.
And today I'd like to bring forward the people who helped bring
back 1 7 lives over the past year and recognize them.
Lieutenant Patricia Dixon, Flight Medic/Lieutenant Frank
Millot, Flight Medic/Lieutenant Paul Pasaretti, Lieutenant Jonathan
Harraden, Lieutenant David McDougall, Commander Walter Kopka,
Lieutenant Eva Weeks, EMT Steve LaRocco, Captain Matt Vila,
EMT Dennis DiSarro, Lieutenant Ken Haberkorn, Lieutenant Sheri
Green, Paramedic Jodi Cook, Lieutenant Andrea Schultz, Lieutenant
Jacqueline Loy, Lieutenant John Yates, Lieutenant Alan Drescher,
Paramedic Christine Gomez, Lieutenant Ramon Chao, Lieutenant
Diego Carmona, Lieutenant Doug Roberts, Captain Bruce Gastineau.
And then with -- our fellow paramedics with other departments,
Officer Thomas Sweeney, Officer Thad Rhodes, Officer Bud Snyder,
Firefighter/Paramedic John (sic) Morse, Firefighter/EMT Mark
Benedict, Captain Ed Gubala, Firefighter Luciano Deandrade,
Engineer Andy Krajewski, Engineer Christian Tobin, Engineer Jason
Bright, Engineer Marty Good, Firefighter John Ellis,
Captain/Paramedic Dave Batiato, Engineer Chris Crossan, Firefighter
Steve Hagamann, Captain/Paramedic Greg Pacter, Firefighter/EMT
Erik Gonzalez, Firefighter Andy Schultz (sic), Lieutenant Domingo
Chinea, Lieutenant/Paramedic Keith Teague, Engineer/Paramedic
Jeff Davenport, Firefighter/EMT John Hoover, Firefighter Manny
Arroyo, Firefighter Danny Alvarez.
And if there's anybody we missed on the list, please come
Page 9
May 13,2003
forward.
COMMISSIONER COYLE: There's nobody left.
COMMISSIONER FIALA: Commissioner Henning?
CHAIRMAN HENNING: Yes.
COMMISSIONER FIALA: I'd just like to say that the audience
is looking at a group of heros in our community, and I hope you all
look well and recognize these faces because they're very important to
our community.
CHAIRMAN HENNING: Thank you
(Applause.)
MR. DUNNUCK: Thank you. It's truly the most rewarding
part of the job
CHAIRMAN HENNING: Thank you.
MR. MUDD: Mr. Chairman, just so you know, they're going to
pass the certificates out in the hallway, okay, just for time and effort
in that. Mr. Dunnuck is working that out and -- that logistics, okay?
COMMISSIONER COLETTA: This room isn't big enough.
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: That's great. Well, it's a true honor
to have our emergency services here and recognize all the things they
do.
Item #4A
PROCLAMATION DESIGNATING THE WEEK OF MAY 19
THROUGH MAY 23, 2003 AS COLLIER COUNTY SAFE
BOATING WEEK - AIlOEIED
We're going to move on to proclamations. The first
proclamation by -- will be read by Commissioner Coyle, and this is
to designate May 19th through the 23rd as Safe Boating Week, and
here to accept it is William J. Reid, past commander of Naples Sail
Page 10
May 13,2003
Squadron (sic), and I'm sure you have some other folks that you want
to bring up here also?
Please step forward in front of the dais.
COMMISSIONER COYLE: Hi, how you doing? Good to see
you.
We need you to turn around and face the audience. Good seeing
you again, Bill.
COMMISSIONER COLETTA: Come right over here.
MR. MUDD: Right in the middle there, folks.
COMMISSIONER COYLE: You can come over here if you
want to. Oh, you're the photographer, huh? Okay. All right.
Whereas, boating is a major recreational activity of Collier
County; and,
Whereas, boating is enjoyed by citizens of all age; and,
Whereas boating is participated in by residents and visitors
alike; and,
Whereas, boating is deserving the attention of safety on the
water; and,
Whereas, boating is enhanced by the practice of safety on the
water; and,
Whereas, boating in a safe manner benefits everyone; and,
Whereas, it is appropriate to recognize the value of safe boating
education by designating Collier County Safe Boating Week.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of May
19th through May 23rd, 2003, be designated as Collier County Safe
Boating Week to encourage the people of Collier County to become
more familiar with the safe -- with safe boating procedures and to
practice safe boating in the waters of Collier County.
Done and ordered this 13th day of May, 2003, Board of County
Commissioners, Collier County, Florida, Tom Henning, Chairman.
Congratulations, Bill.
Page 11
May 13,2003
(Applause.)
MR. REID: Thank you.
COMMISSIONER COYLE: Motion to accept.
COMMISSIONER COLETTA: I second that.
CHAIRMAN HENNING: Commissioner Coyle -- Motion by
Commissioner Coy Ie, second by Commissioner Coletta to move this
proclamation.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(N 0 response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you.
If you would say a few words also, we would appreciate it.
COMMISSIONER COLETTA: Let's see what you've got.
CHAIRMAN HENNING: Can we get a picture?
MR. MUDD: We'll take one more picture.
CHAIRMAN HENNING: I want to be in the picture, too.
MR. REID: You can always join the squadron.
CHAIRMAN HENNING: Yeah, I'll have to ask my wife, fit it
in my schedule.
MR. REID: Commissioners, thank you very much. I want to
thank you for your time and support for the Naples Sail and Power
Squadron.
We have a program on promotional safe boating week. The
focus this year is on wearing life jackets, as you see, when you're on
the water.
I'd like explain why this is so important. The United States
Page 12
May 13,2003
Coast Guard points out that nearly 74 percent of the fatalities in
recreational boating accidents are by drowning, and nearly 85
percent of those drowning victims were not wearing life jackets.
As you know, Collier County is a major boating area, and the
county plays a significant role in keeping our waterways safe, and
that is greatly appreciated by all of us interested in boating.
So I think that it is appropriate that you, the county
commissioners, declare the week of May the 17th through the 23rd as
National Safe Boating Week here in Collier County.
Our theme this year is boat smart, boat safe, wear it. Thank you
for your continuing support.
CHAIRMAN HENNING: Thank you.
Item #4 B
PROCLAMATION DESIGNATING THE WEEK OF MAY 12
THROUGH MAY 16, 2003 AS TOURISM WEEK IN COLLIER
COI..JNTV - A IlOEIED
Next proclamation I will deliver, and this is to designate May
12th through May 16th as tourism week, and who we have here to
accept this proclamation is -- if you'd please come forward in front of
the dais -- Carole Nerone, Kim Ellington Darren Robinson (sic),
Clive Walcot, Tom White, Kevin Durkin, and Clark Hill. Please
come forward.
Mr. Wert, would you like to join them? Thank you.
Whereas, travel and tourism industry supports a vital interest of
Collier County and the United States, contributing to our
employment, economic prosperity, international trade and
relationships ( sic), peace, understanding and goodwill; and,
Whereas, travel and tourism ranks as the number one industry in
Collier County in terms of revenue generated; and,
Page 13
May 13,2003
Whereas, as 1.3 million visitors contribute nearly a billion
dollars to the economy of Collier County in 2002; and,
Whereas, those visitors to Collier County provided 17,500 direct
jobs to the economy in our area; and,
Whereas, the people throughout the world become more aware
of the understanding ( sic) of beach, golf, shopping, restaurants, and
natural, historical, and cultural resources available in Collier County,
travel and tourism has become an increasing important aspect to the
lives of our citizens; and,
Whereas, given these audible (sic) contributions to the economic
and social culture (sic) well being to the citizens of Collier County, it
is fitting that we recognize the importance of travel and tourism.
Now, therefore, be it proclaimed that the Board of
Commissioners of Collier County, Florida, wishes to acknowledge
the contribution of economics (sic) by travel and tourism industry by
designating May 12th through May 16th, 2003, as Tourism Week in
Collier County, and this is -- and that this proclamation be
acknowledged by the Greater Naples-Marco Island Everglades
Convention and Visitors Bureau at their tourism -- National Tourism
Week luncheon, which is on May 15th, 2003.
Done in this order, 13th day of May, by the Board of
Commissioners, signed by the chairman, Tom Henning.
I make a motion that we move this proclamation.
COMMISSIONER FIALA: Second that.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Henning,
second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
Page 14
May 13, 2003
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you.
(Applause.)
MR. MUDD: Take the proclamation, and -- in front of the dais,
come on in the front so we can take a photo. The only thing you
have to do now is smile.
COMMISSIONER FIALA: Jack, I'm sorry I can't come to your
lunch. We had --
CHAIRMAN HENNING: Thank you. If anybody would like
to say a few words, please do so.
MR. HILL: Chairman Henning and Commissioners, thank you
very much. I'm Clark Hill. I'm president of the Collier County
Hospitality Association. And it occurs to me today after seeing the
heros that we had up front, what a team environment we need to
succeed. And I think with your leadership and with Bleu Wallace's
help and Jack Wert's help, the tourism industry will continue to grow
and prosper and contribute to the well being of our community.
And we want to thank you very much for the proclamation.
We're quite proud of it. Thank you very much.
CHAIRMAN HENNING: Thank you.
(Applause.)
MR. WERT: If I might, Mr. Chairman, for the record, Jack
Wert, tourism director for Collier County. And we also, on behalf of
the Convention and Visitor's Bureau, want to thank you for this
proclamation. It's very interesting the impact that this industry has
on our community.
And some of the facts and figures that you read in the
proclamation we've also put on a little card, and also on the back of
that card is our mission statement and vision statement about tourism.
Page 15
May 13,2003
And I thought it might be helpful for all of you to have a copy of
that. As you're going around, it's great to have the facts and figures
and be able to say, this is what tourism means to our community.
Thank you.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HALAS: Thank you.
COMMISSIONER COLETTA: Thank you, Jack.
COMMISSIONER COYLE: Thank you.
CHAIRMAN HENNING: Thanks.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HALAS: Thank you.
Item #4C
PROCLAMATION DESIGNATING MAY 15, 2003 AS LAW
CHAIRMAN HENNING: Next proclamation will be read by
Commissioner Halas. This proclamation is to designate May 15th,
'03, as Law Enforcement Appreciation Day. To accept this award is
the Honorable Sheriff Don Hunter and his staff.
Would you please come forward.
MR. HUNTER: Good morning.
COMMISSIONER HALAS: Good morning, Sheriff Hunter.
This proclamation is, whereas, the problems of crime touch all
segments of our society and can undermine and erode the moral and
economic strengths of our communities; and,
Whereas, we are fortunate that law enforcement officers from
all area agencies dedicate themselves to preserving law and order and
the public safety; and,
Whereas, we recognize the men and women in the law
enforcement risk their lives on a daily basis to protect our citizens
Page 16
May 13,2003
and maintain social order; and,
Whereas, we encourage all citizens to pause to recognize our
law enforcement officers so that we may not take their work for
granted.
Now, therefore, be it proclaimed that the Board of County
Commissioners of Collier County, Florida, hereby take great pleasure
in honoring all law enforcement officers for their outstanding
services and designate May 15th, 2003, as Law Enforcement
Appreciation Day, and ask all citizens to join in honoring these law
enforcement officers and to assist them in exercising responsible
citizenship.
Done and ordered this 13th day of May, 2003, Board of County
Commissioners, Collier County, Florida. Signed by Tom Henning,
Chairman.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Coyle.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(N 0 response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you.
(Applause.)
CHAIRMAN HENNING: Just make copies of that, so when
you give out citations --
COMMISSIONER COLETTA: We need to get a mugshot.
Page 17
May 13, 2003
CHAIRMAN HENNING: Thank you. Would you like to say a
few words?
MR. HUNTER: Yes, please.
Well, I think that Commissioner Halas covered it pretty
thoroughly. The board has recognized not only this agency with
your support, but also all of law enforcement. We appreciate the fact
that this has been designated Law Enforcement Memorial Week.
And it just simply punctuates the fact that there are many who
lose their lives yearly, the lives they forfeit for people they rarely
know. They willingly give their lives, and every day, willingly,
members of this agency and members of all of law enforcement, put
on the uniform and go and perform duties, because we believe them
to be duties and not work, but duties, and -- with diligence and
knowing that their lives may very well be forfeited.
So I appreciate the honor of your distinction, and we would
invite you to attend a small service on Thursday morning. If you
would join us in front of the memorial. And I'd like to recognize you
then as well, again, for your support, and I thank you.
CHAIRMAN HENNING: Thank you.
COMMISSIONER FIALA: Don, I'm sorry to tell you they're
having some kind of a celebration for you, I think it's the 15th, the
evening, at St. Anne's.
COMMISSIONER COYLE: Yeah, same time as our --
COMMISSIONER FIALA: But we have a town hall meeting
that day, and we're all -- we all have to be there. So as much as we'd
like to be there, we're not going able to make it. But let us say today
that we all are very proud of you and the work that your employees
do.
MR. HUNTER: Thank you, and we understand the conflict in
scheduling.
CHAIRMAN HENNING: Yeah. And, Sheriff, it is on my
schedule, and I'm going to say a few words and then go to
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May 13, 2003
Commissioner Coyle's town hall meeting. They're both important.
We're just stretched kind of thin.
MR. HUNTER: Absolutely.
CHAIRMAN HENNING: So we'll see you.
MR. HUNTER: Things have gotten very busy.
CHAIRMAN HENNING: Thank you.
MR. HUNTER: Thank you.
(Applause.)
MR. MUDD: Mr. Chairman, we're okay on 4(D). We have
family here.
Item #4D
PROCLAMATION DEDICATING THE SHERIFF'S OFFICE
GOLDEN GATE SUBSTATION IN MEMORY AND HONOR OF
CHAIRMAN HENNING: Okay. Next proclamation, I will-- I have
the honor of reading. This is recognizing the dedication of a
substation in Golden Gate in the memory and honor of Major Pat
Mullens ( sic), so if I can ask the sheriff and representatives from the
sheriffs department and Pat Mullens' family to come up in front of
the dais, I would appreciate it.
Sheriff?
Thanks for being here with us this morning.
Whereas, Major Pat Mullens (sic) was a distinguished member
of Collier County Sheriffs Office from September 1977 until his
passing of November of 2002;
Whereas, early years in his law enforcement career, Major
Mullens was a positive role model for thousands of Collier County
youth at (sic) his capacity as youth relations deputy, dedicating many
hours of his time -- of his own time with the junior deputy league;
Page 19
May 13,2003
Whereas, as his law enforcement career progressed, Major
Mullens served as lieutenant in charge of the Immokalee district
following (sic) by lieutenant in charge of the Golden Gate district
before his promotion to captain of patrol division in 1999; and,
Whereas, throughout his career, Major Mullens demonstrated a
fair (sic) compassion of law enforcement for those he served
representing everything that the sheriff would like for (sic) in the
deputy sheriffs leadership, integrity, and dedication to duty.
Now, therefore, be it proclaimed, the Board of Commissioners
of Collier County, Florida, dedicates the sheriffs office Golden Gate
Substation in memory of Major Pat Mullens, who is a man of honor,
high duty, integrity, and loyal (sic) to the Collier County Sheriffs
Office and the citizens he served.
Done in this order, 13th day of May, 2003. Signed by the
chairman, Tom Henning.
I make a motion that we move this proclamation.
COMMISSIONER COYLE: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Motion by Commissioner Henning,
second by Commissioner Coyle.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(N 0 response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you.
(Applause. )
CHAIRMAN HENNING: Mrs. Mullens, your son, I know him
Page 20
May 13,2003
personally, and I worked with him in the community, and we're very
proud of what he did for the community.
COMMISSIONER FIALA: And he's a wonderful guy.
Hi, how are you? Nice to see you again.
CHAIRMAN HENNING: Do you want to say a few moments
of dedication?
COMMISSIONER FIALA: I get to shake your hand two times
in one day.
MR. HUNTER: Well, as the agency had, but certainly not
presuming to speak for the family, I consider this a great honor that
you have bestowed on Pat Mullen, his family, this agency, and that
you would recognize Pat for his diligence over the years.
I'm sure that many in the room, certainly many that watch the
programming here of the commission sessions, have been affected by
Pat Mullen, his work, his friendship, his integrity, his honor.
He was a -- truly a special man, and we miss him mightily and
miss him still, and this will help, I think, all to remember who he
was, what he stood for, and I appreciate what the commission has
done. It's a fine and fitting honor.
And certainly, Chairman Coletta -- excuse me -- Chairman
Henning has a long history of working with Pat, but Commissioner
Coletta as well, in Golden Gate, trying to make Golden Gate a finer
place, in refining that area and enhancing the quality of life. We
appreciate the work that you have done. We appreciate what you did
with Pat. Pat would be proud. Thank you very much.
CHAIRMAN HENNING: Thank you.
(Applause.)
CHAIRMAN HENNING: We have set aside a ceremony in
dedication with a plaque and a few speeches from dignitaries in the
community, and that is tomorrow at nine a.m., and I welcome the
public to that ceremony.
I can tell you, the sheriff -- we provide facilities for the sheriff
Page 21
May 13, 2003
in Collier County, and it is very hard to have a facility dedicated in
the memory of somebody. But I can tell you, like I told Mrs.
Mullens (sic), we are very proud of her son and what he has provided
for this community, so thank you.
Item #4E
PROCLAMATION DESIGNATING THE MONTH OF MAY AS
TEEN PREGNANCY PREVENTION AWARENESS MONTH -
ADillIED
Next proclamation --
MR. HUNTER: Thank you.
CHAIRMAN HENNING: -- will be read by Commissioner
Fiala. This proclamation is to designate Teen Pregnancy Prevention
Awareness Month. Accepting this proclamation is Peter Tougas,
Naples Teen Pregnancy (sic) Program, and Ramona McNicholas.
Would you come up to -- in front of the dais, please.
COMMISSIONER FIALA: Thank you.
Proclamation: Whereas, we the citizens of the State of Florida
and the residents of Collier County are dedicated to improving the
well-being of children, youth, and families by reducing teen
pregnancy; and,
Whereas, high rates of teen pregnancy burden not only
teenagers but also their children, families, and communities; and,
Whereas, four out of 10 girls in the United States get pregnant at
least once by the age of 20, resulting in more than 900,000 teen
pregnancies a year; and,
Whereas, teens around the country will be asked to stop, think,
and take action.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of May be
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May 13, 2003
designated as Teen Pregnancy Prevention Awareness Month.
Done and ordered this 13th day of May, 2003.
Motion to approve.
CHAIRMAN HENNING: I'll second the motion.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Commissioner Fiala -- motion by
Commissioner Fiala, second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you.
(Applause.)
MR. MUDD: If I could just get you to stand in front of the
podium and get your picture taken, please.
CHAIRMAN HENNING: You're welcome to say a few words.
MS. McNICHOLAS: As president of Naples Friendship, AUW,
Ramona McNicholas, I accept this proclamation on behalf of the
Collier County Teen Pregnancy Prevention Community Initiative.
Teen pregnancy rates in the State of Florida is shockingly high.
Fifty-seven point three births per thousand teens.
The Collier County rate is even higher than the state average,
ranking in the top third. Recent figures are 76.8 teenage births per
thousand teens, and this is an alarming statistic for many reasons.
Teen mothers are at greater risk of socioeconomic disadvantage
throughout their lives and are more likely to seek public assistance.
Nearly 60 percent of teen mothers live at or below the poverty level
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May 13,2003
at the time of the birth. Public funds pay for 60 percent of teenage
births.
Teen mothers and their children are more likely to have health
problems. Both teen mothers and teen fathers are less likely to
graduate from high school, and their children are more likely to have
problems with behavior and education.
The community initiative reflects the work of many Collier
County organizations to reduce the incidence of teen pregnancy in
our county, and we welcome the focus that this proclamation places
on this serious problem. Thank you.
CHAIRMAN HENNING: Thank you.
(Applause. )
Item #4F
PROCLAMATION DESIGNATING MAY 12 THROUGH 18 AS
CHAIRMAN HENNING: Next proclamation will be read by
Commissioner Coletta. This proclamation, designate May 12th
through 18th as Immokalee Friendship House Week. To accept this
proclamation would be Ed Laudise, executive director of the
Immokalee Friendship House.
COMMISSIONER COLETTA: Ed, come on up front, please. I
-- Ed's a close friend and a man that I greatly admire for his unselfish
dedication to the people of Immokalee. He's put much time, effort,
personal effort into this Friendship House in Immokalee.
Whereas, Immokalee Friendship House was founded in 1987
and continues to provide the around-clock (sic) service to the people
of Collier County; and,
Whereas, the Immokalee Friendship House provides emergency
relief for the hungry and the homeless of Collier County and
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May 13, 2003
annually provides shelter for more than a thousand homeless and
serves 25,000 meals; and,
Whereas, the Immokalee Friendship House provides a home for
many services of value to the Immokalee area and to Collier County
in general, including meeting sites for AA, battered women's groups,
tutoring programs, job fairs, and community service, college spring
breaks; and,
Whereas, the Immokalee Friendship House sponsors innovative
programs and refers clients to programs for health, job placement,
and education; and,
Whereas, the Immokalee friendship program has received the
prestigious Harry Chaplain Self-Reliance Award for getting the
unemployed back to work. The Immokalee Friendship House is the
only homeless shelter in the U.S. to receive this distinction; and,
Whereas, the Immokalee Friendship House has the support of an
exceptional board of trustees, a dedicated group of volunteers and an
especially able staff.
And now, therefore, be it proclaimed by the Board of Collier
County Commissioners, Collier County, Florida, that the week of
May 12th to May 18th, 2003, be designated as Immokalee Friendship
House Week and urges all citizens to visit the Immokalee Friendship
House at 602 West Main Street in Immokalee to observe the fine
work they do and to support their work as volunteers and as
contributors.
Done and ordered this 13th day of May, 2003, Board of Collier
County Commissioners, Tom Henning, Chairman.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: I second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Coletta.
All in favor of the motion, signify by saying aye.
Page 25
May 13,2003
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you.
(Applause.)
CHAIRMAN HENNING: You're welcome to say a few words.
You can cook great, you always do.
MR. LAUDISE: May I say a couple words?
CHAIRMAN HENNING: Please.
COMMISSIONER COLETTA: Yeah, sure.
MR. LAUDISE: Good morning. I want to thank the
commission and also thank the county. Our work would not be
accomplishable if we didn't have the support of the community.
Just to give you a real quick fact -- I know have you a lot of
good things going on here today -- but a meal at the Immokalee
Friendship House costs a mere 37 cents.
One of the things we really do need from this community is
volunteers, donations, and stuff. Weare a private, nonprofit,
economical organization. I would invite people from the county,
people from the community to come out and visit us and also get
involved in our mission.
The final thought I want to give you all is that we are not a flop
house. If you stay at the emergency shelter, you're required to work
while you're there, and you also contribute by doing chores every
evenIng.
I want to, again, thank the commission for their help.
COMMISSIONER COLETTA: How about the thrift store, Ed?
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May 13,2003
You almost forgot that.
MR. LAUDISE: Yeah. We opened up a thrift store a little over
a year ago, and the profits from it are -- have been folded into the
operation of the shelter, and it's made $25,000 after expenses in the
first year.
We set up that business in the poorest, most dilapidated quarter
of the county; however, we do have a call for volunteers for that
project, getting product from -- donations from Naples out to
Immokalee and also operating the shelter -- the thrift store, excuse
me.
COMMISSIONER COLETTA: How about a telephone number
so people can contact you about the thrift store, or volunteering or
making contributions?
MR. LAUDISE: The telephone number at our facility is
239-657 -4090.
COMMISSIONER COLETTA: Thank you.
MR. LAUDISE: Excuse me, I have a cold.
CHAIRMAN HENNING: Thank you, Mr. Laudise.
MR. LAUDISE: Thank you very much.
(Applause.).
Item #4G
PROCLAMATION DESIGNATING MAY 18 THROUGH 24 AS
CHAIRMAN HENNING: Next proclamation will be read by
Commissioner Halas. This proclamation is to designate May 18th
through the 24th as Emergency Medical Service Week. And here to
accept this is Christine Crato, EMS paramedic of the year. Excuse
me if I mispronounced your name.
Commissioner Halas?
Page 27
May 13,2003
COMMISSIONER HALAS: I think it's Grato, isn't it?
MS. GRATO: Yes.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HALAS: Just to start off, I think
Commissioner Fiala --
MR. MUDD: Right up in the front.
COMMISSIONER HALAS: I think Commissioner Fiala
summed it up, all the words up, those kind words up in regards to
what we feel about the EMS people here in Collier County. They're
very highly respected, and they're the type of people that we call on
24 hours a day. And I'll start the proclamation.
Whereas, the emergencies medical services teams are ready to
provide lifesaving care for those in need 24 hours a day, seven days a
week; and,
Whereas, emergency medical service teams consist of
emergency medical technicians, paramedics, firefighters, emergency
physicians, emergency nurses, educators, first responders,
administrators and others; and,
Whereas, these emergency medical services teams serve our
country with bravery and heroism and defend the nation when called
upon; and,
Whereas, access to quality emergency care dramatically
improves the survival and recovery rate of those experience ( sic)
sudden illness or injury; and,
Whereas, providers of emergency medical services have
traditionally served as a safety net for America's health care system;
and,
Whereas, members of the emergency medical service teams,
whether career or volunteer, undergo thousands of hours of
specialized training and continuing education to enhance their
lifesaving skills; and,
Whereas, Americans benefit daily from the knowledge and
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May 13, 2003
skills of these highly trained individuals; and,
Whereas, injury prevention and the appropriate use of
emergency medical service systems will help reduce health care costs
and save lives.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that May 18th through the
24th, 2003, be designated as Emergency Medical Services Week.
Done and ordered this 13th day of May, 2003, by the Board of
County Commissioners, Collier County Florida.
Signed by Tom Henning, Chairman.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: We have a motion by Commissioner
Coyle, second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(N 0 response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you.
(Applause.)
CHAIRMAN HENNING: Boy, you got double pleasures today.
MR. MUDD: Congratulations, Christine.
CHAIRMAN HENNING: We are very proud of our EMS staff
and the protocol that they -- they hold high here in Collier County
with the help of our medical director. They've done an excellent job
over a number of years, and it just proves it by the Phoenix award
that was received just earlier today.
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May 13,2003
We want to -- we're going to move from the presentations to --
MR. MUDD: Proclamations, to -- we go to 13(A), sir.
CHAIRMAN HENNING: 13(A), followed by 13 (B), (C), and
(D).
Item #13A
BOARD OF COUNTY COMMISSIONERS TO SERVE AS
LOCAL COORDINATING UNIT FOR THE U.S. DEPARTMENT
OF JUSTICE THREE YEAR COPS UNIVERSAL HIRING
EROGRAM 200~ GRANT - AEEROVED
And the first one is, recommend the Board of Commissioners to
serve as a local coordinator (sic) unit for government for the United
States Department of Justice for a three-year COPS universal hiring
grant program.
And with us today is, from the sheriffs department, finance
director, Crystal Kinzel.
MS. KINZEL: Thank you, Commissioners. The sheriff is in
the hallway on a call. He'll be right back in momentarily. But we're
here to answer any questions you might have about this grant.
This grant is for the hiring -- we've been very, very successful
and fortunate in Collier County. COPS grants have awarded over
$15 million to this county, bringing back local taxpayer dollars from
the federal level to help support growth and law enforcement, so we
see this as very positive news.
This grant is a hiring program over the next three years, and it
would support growth within the county over those three years, and
we're here to answer any questions.
CHAIRMAN HENNING: Any questions from the board?
I have a question. Is this going to be addition to the increased
staffing during the budget time, or is it a part of?
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May 13,2003
MS. KINZEL: It's a part of, Commissioner. What we do during
the budget, we bring these to you -- this application is to be a unit of
government that is able to receive these grant funds.
During our budget process, we will give you a summary of all
sheriffs office staffing, and we will also note the expansion in the
grant programs. So when we bring it back to you, you will get what
is grant funded and what are general revenue funded items.
Any equipment that goes with these positions will be included
as part of our expanded request on the sheriffs office budget. So
those are identified costs, and they're identified separately in each
budget workshop.
CHAIRMAN HENNING: So when the grants expire, the
general revenue picks up those expenses. Is -- does that mean that
that COPS deputy is rolled over into general law enforcement?
MS. KINZEL: Yes, Commissioner.
CHAIRMAN HENNING: Okay. Commissioner Coyle has a
question.
COMMISSIONER COYLE: Yeah, I think -- I think that what
you just described applies to all four of these issues. The--
MS. KINZEL: Except the overtime. The overtime --
COMMISSIONER COYLE: Okay, yes.
MS. KINZEL: -- is just the flat amount award, and the radios.
COMMISSIONER COYLE: The others that are designating us
as the appropriate agency to receive and administer the grants is
largely an administrative measure, I hope and I believe, because
we're not prepared to discuss budget items today, right?
MS. KINZEL: Yes, Commissioner.
COMMISSIONER COYLE: Okay.
MS. KINZEL: These items are coming before you to give us
the authority to apply for these grant funds.
COMMISSIONER COYLE: Okay.
MS. KINZEL: When we're awarded each of the grants, then we
Page 3 1
May 13,2003
come back before you to accept those grant awards. But the sheriffs
office performs administration on all of the awards.
COMMISSIONER COYLE: And if we have some concerns
about the ongoing lingering costs of any of the programs resulting
from the grants, we can discuss them at that time; is that correct?
MS. KINZEL: Yes, we can, or at budget, Commissioner.
COMMISSIONER COYLE: Okay, okay.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I was just looking at what we're
going to be getting involved in these grants, and basically it looks to
me as though the 14 areas of law enforcement officers are going to
basically contribute to desk jobs, and I'm concerned about some of
the problems that we have as far as addressing traffic here. And I
was wondering if there was any grants that were going to be allowed
as far as enforcement of law -- of traffic enforcement.
MS. KINZEL: Exactly, Commissioner. But I think desk jobs is
not correct on the functions that we are currently asking. We're
looking for investigators. Warrants service. Those are definitely
on-the-road officers. They target the most severe criminals with
outstanding warrants throughout Collier County. Civil process
servers, those serve papers as our courts expand, and we're also
looking for investigators for property crimes, which are significant.
We get numerous COPS hiring grants, which include traffic.
Most recently we received grant funds for the motorcycle officers
that are a new compliment to our traffic enforcement unit.
So each of our grants usually have a specific and targeted focus
and application within Collier County. But certainly we're well
aware of traffic. It's one of the sheriffs state of the agency top
initiatives, and we are devoting resources to traffic enforcement.
COMMISSIONER HALAS: Great, because I -- every day I
receive emails in regards to what we can do as far as addressing
traffic or truck noise or -- in fact, this morning I got a few emails in
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May 13,2003
regards to -- we have an issue that's coming up later on, and it's in
regards to where the EMS would like to remove speed bumps, and
there's a lot of neighborhoods that don't want that to happen because
they're concerned about the speeding of traffic through their
neighborhoods where children play, and that's why I'm concerned
when I look at this, that that's one area I think we need to address. I
really appreciate whatever could be done there.
MR. HUNTER: Well, just for the record, Sheriff Don Hunter.
Let's punctuate the answer to your question. These are not desk jobs.
These are in-the- field --
COMMISSIONER HALAS: Okay.
MR. HUNTER: -- members of the agency of law enforcement
who are actually performing law enforcement duties, carrying
weapons, making arrests, or serving process. Process is subpoenas,
typically, process to attend court, to call to court people who are
either serving as a plaintiff or defendant or witness. These are people
in the field. These are not --
COMMISSIONER HALAS: Okay.
MR. HUNTER: -- desk people, if you will, as they were
characterized.
The traffic issue is a large issue that isn't new to the scene in
Collier County, Lee County, Charlotte County, Leon County,
Tallahassee, Florida, Georgia, Michigan, Ohio, the places where
many of our visitors come from, and we are earnestly pursuing every
measure.
In fact, if you check our numbers -- I didn't bring them with me
this morning because I didn't realize this would be a topic of issue --
but if you check our numbers, I can demonstrate to you that our
citations are increasing at very large double digit numbers every year
COMMISSIONER HALAS: That's great.
MR. HUNTER: -- yet, we continue to have people with bad
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May 13, 2003
habits driving our roadways.
I make numerous stops myself coming to work, going home
when I'm on the roadways. It's very easy to find people who are
violating our traffic laws.
We're going to push. We probably will have to have some
support from this board in order to fix some of the things, such as I'd
like to pursue a little more aggressive ordinance for some of our
violations.
This was raised last year, and the threshold was a little high, I
believe, $500 for running a traffic light. I think if we graduate that
up and get to a point where we can convince people that they don't
want to violate that traffic light any further, maybe we have -- maybe
we have a chance. We may have to address that through special
session. We may have to go through legislation to fix this, of course,
but I do want the support of the board, and we are going to fix this.
It's an amazing thing, and we are being asked to deal with all the
counter terrorism issues on the one hand. We have the lowest crime
rate we've ever experienced in this county, yet we have some
persistent issues that are quality of life issues, largely, because if you
look at our safety and our crash statistics, they're not out of line with
previous years, but these are quality of life issues, and we do have
some people who are being quite reckless on the roadways, and I
can't account for it except for bad driving habits and the fact that we
need to get their attention and we are going to get it, but we will need
your support.
Weare not going to be adding people to the budget other than
through these grants, as you see here, so we're doing it with existing
resources. There are going to be some, I'm sure, public outcry, if you
will, when they begin to get the heavier and heavier fines and the
more and more citations, but we're going to do it.
And again, that's -- we're just redoubling our efforts, because we
can already demonstrate that we are accomplishing that mission
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May 13, 2003
today.
CHAIRMAN HENNING: Commissioner Fiala, then
Commissioner Coletta, then Commissioner Coyle.
COMMISSIONER FIALA: Great. I have a few things, but first
I want to say, that outcry, I would certainly hope it wouldn't be from
all of the people who are saved because there are extra people on the
road keeping our traffic at a reasonable level.
Anyway, just a little comment.
MR. HUNTER: Well, not to be a cynic, but that's not the way it
works, unfortunately. Everybody's very supportive of traffic
enforcement until they get the ticket.
COMMISSIONER FIALA: Yeah. Yeah, that's true.
Just a few fast questions, please. One, with -- with the
additional officers that you want for schools -- I think you want one
for each one of the high schools -- is the school system kicking in
any money on that?
MR. HUNTER: Well, they don't currently because those are
not -- those are not school system employees, and that's an
accounting issue, I assume. Certainly the board could approach the
school board pertaining to some offset.
COMMISSIONER FIALA: Okay. I'll just plant that idea right
now.
MR. HUNTER: But those are deputy sheriffs who are reporting
to the sheriff, and we maintain strict control and liability over those
deputy sheriffs. We don't confuse it that way.
COMMISSIONER FIALA: Okay. I just thought I'd plant the
idea.
The second thing is, with the radios, we're asking for -- or you're
asking for radios for the jail expansion, but the jail expansion, other
than the Immokalee one -- and I know you don't need all 106 for
Immokalee -- isn't going to be occurring for a couple years.
Is this going to be like a gradual buying of the radios, or is it just
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May 13,2003
to allocate the money now for two years down the road when the
expansion is complete or what?
MR. HUNTER: No. The radio is not being purchased for
expansion of the jail.
Currently in the jail there are approximately 200 members
serving for custody and care of inmates. Some of those jail deputies
have radios, typically in our housing areas and some of the rovers,
the people who move through the housing areas to check to make
sure that the counts are correct and that the inmates are playing by
the rules.
Our problem is that with the gross overcrowding that we're
currently experiencing and the tempers that are not as well in check
as they should be in our inmate population, are causing us to have
numerous codes, meaning we're having fights in the jail and we're
having disruption in the jail.
Unfortunately, we don't have enough radios to go around so that
the members of the jail who are on duty can respond to one another
during these confrontations.
Now, providing 126 radios basically gives us enough to give all
functioning certified -- the people who are permitted by law to
maintain care and custody of jail inmates, certified jail deputies, this
will give each of those jail deputies a radio. That means that we will
enhance the care and maintenance, and deputies will know that when
they come on, their radio is charged, ready to go, and they're able to
serve.
This is also a county terrorism measure. I'm authorizing all jail
deputies to carry off-duty weapons. It's not something we're making
a great deal of information available to the public on, but I want them
to be available with the radio so they can assist us when we're --
when we do see things happening in the community.
They will be in private vehicles, but they would be able to take
some action as a member of the agency, as authorized by law, and I
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May 13,2003
should do it just as a matter of prudence.
So the radios will enhance that ability for a jail deputy while
traveling to and from their duty post to assist members of the agency
and the public in this county terrorism measure, and the availability
of off-duty weapons and concealed carry will also enhance that
capability.
COMMISSIONER FIALA: Last question.
MR. HUNTER: It's all a big -- it's a big issue. It's not -- but it
isn't about the expansion of the jail. It's about existing members
today.
COMMISSIONER FIALA: Oh, I had -- I guess I -- that's what I
read in here, but I guess there was -- I didn't read about the
expansion, or maybe I missed it or whatever, but thank you for
explaining that, because I can see the reason for doing it
immediately-
My last question, and I don't mean to belabor this at all. The
vacancies. I know you were ambitiously trying to fill some of the
vacancies that you've -- that you've had.
How are you -- are you filling a lot of those slots now so that
these new hires will be over and above the spaces that are already
full ?
MR. HUNTER: We -- we do fill positions, and we've had
overwhelming response to the job fairs and recruitment activities of
the agency. I can't quote the number this morning. But we're up
dramatically in terms of the number of applications being received
that -- you may have it, Crystal. I don't.
I think it was something like 120 for the first -- 120 applicants
just in the first quarter of this year for 80 positions. Eighty positions
is our number right now. It's been down to roughly 70,68,
somewhere in that vicinity, but it's a floating number, it's fluid. It's
not the same position.
We add positions through grants, so those go on that total
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May 13,2003
number. So it keeps moving forward, and it seems like we continue
to be stuck at 80, but it's different positions. So it's not the same --
just by way of example, the same communications operator post that
we're trying to fill over the last year. It's, we filled that post, yet
another one resigns to go back north to be closer to family or they
came from some other place and they miss friends and family. That's
the typical reason why we have members depart, by the way.
As gorgeous as it is and beautiful as it is to live down here,
there's this magnetism back to -- to gravitate back to family and
friends somewhere north.
COMMISSIONER FIALA: Thank you.
MR. HUNTER: But I hope that answers the question.
COMMISSIONER FIALA: It does, thank you.
MR. HUNTER: Not the same positions, but we do have
currently, as of this morning, best of my knowledge, about 80
positions to be filled. Some of those are brand new positions granted
by this board and the federal government, and therefore, the state
government through pass through as a grant position, but they are
always different positions. It's not exactly the same position every
time I come before you. It's been fluid.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Commissioner Coletta, then
Commissioner Coyle, then Commissioner Halas.
COMMISSIONER COLETTA: Thank you. I'm picking up
where Donna left off.
The question would be, is there any possibility that as we grant
these new expanded positions, since we've got a fluid number that
always seem to be in place, that we might be able to reduce it by one
position for every position we expand it by?
I don't think we've ever had all these positions filled in all the
time I've been on the commission. Instead of 40, if it's 40 that's a
short number and we're going to hire three people in expanded
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May 13,2003
positions, could we deal with a number of 37? This might make it a
little bit easier to see where we are dollar-wise.
MR. HUNTER: Well, I'd like to say yes, however, as I tried to
indicate, these are not the same positions. So if I eliminate a
position, you eliminate the ability to fill that position which has
already been judged as needed and justified by the board, by the
agency, and certified to you.
So if I eliminate that position, I'm no longer attempting to fill
the programmer position, no longer trying to fill a 911 operator
position. That position goes away. And unless there's some kind of
an exchange value there, I think I run into the problem of not being
permitted to fill positions that we've already judged necessary.
COMMISSIONER COLETTA: Possibly, Sheriff Hunter, this is
something we should bring back at the time of the budget to get into
more detail on it. I would -- I would like to get a better feeling for
where we are on that at that time.
My other question is, I've heard a lot of discussion going back
and forth, but we haven't talked about dollars, what these grants are,
what they give us, what we have to pay into it.
And could you give us maybe a total of these grants that we're
dealing with as far as what we have to pay into the first year. I think
it's what, a 50/50 for the first year?
MR. HUNTER: I'll let -- go ahead. You're very comfortable
with the numbers.
MS. KINZEL: Okay.
MR. HUNTER: I would add though, before we move on to the
last question, recall every year, every budget session, we talk about a
four percent attrition. You don't fund us at four percent. We carry
the position, but we don't have the money to fund it, if you will.
We recognize the need for the position, and if we ever came to
total -- all positions, all posts filled, we'd have to come back to you
for budget revision. But we carry a four percent attrition number, if
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May 13,2003
you will, that the board has agreed, or you have laid on us actually,
that you say that that would be a prudent thing to do.
If we began chipping away at that, we're taking away needed
positions, I'd just be back before you to ask for funding --
COMMISSIONER COLETTA: All right. So there's not funds
committed for these positions, that if they were all filled, you would
have to come back --
MR. HUNTER: Yes, correct.
COMMISSIONER COLETTA: -- Here if you wanted to fill
them up. So these are -- these are positions that are outside the realm
of your budget at this point in time?
MR. HUNTER: Some of them, correct, four percent of them.
F our percent of the funding for those positions is outside the realm of
our current capacity to fund.
COMMISSIONER COLETTA: Yeah, and when we get -- we
come back for the budget talks, you can share exact numbers and
percentages and --
MR. HUNTER: Of course.
COMMISSIONER COLETTA: I understand it a lot better now.
I thank you for that answer.
MR. HUNTER: Okay. The match and total funding available.
MS. KINZEL: Commissioners, the two COPS grants that we're
looking at, over the course of the three-year -- we have three years in
which to hire these members. It would be about 1.8 million in
federal dollars that would come back to the agency, and the local
match would be about 3.5 million for equipment.
Now, some of those costs could also be offset by the law
enforcement impact fee, which we're working on those calculations.
And if that were adopted, that could help offset the capital
relationship to those positions.
But on the school grants, we're getting about a 50/50 cut with
the federal government for the first three years, and about a quarter
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May 13, 2003
of a deputy for the COPS grants for the hiring, universal hiring
program.
The overtime grant that we're seeking really is federal money in
the amount of about half a million dollars coming directly back to
Collier County. There's not a huge required match to that. We can
use the overtime that we've already programmed into our budget. It
requires about 166,000 in match. But that's a very good ratio, a one
to five in those --
COMMISSIONER COLETTA: And I'm impressed. I'm always
looking to save money, but we have to spend money to be able to get
money.
What will it cost us in the fourth year, and are these positions
carved in stone that we couldn't shift them to another opening if we
needed to at that point in time?
MS. KINZEL: We absolutely can shift them in an opening after
the commitment of the grant period, and we can look at that down the
road with what vacancies we have available to absorb them in the
general fund.
COMMISSIONER COLETTA: And what would be the amount
of what we approve today in the fourth year?
MS. KINZEL: Can I come back to you on that? I don't--
COMMISSIONER COLETTA: It sounds like it would be
something like about four and a half to five million.
MS. KINZEL: Well, remember, that would be excluding capital
costs, because in the numbers that I've given you, we're talking about
the vehicles, and we run our vehicles five to seven years. So in year
four, you don't have to buy another vehicle, so the capital is very
minimal on a deputy that's absorbed. You would be only talking
about the full implementation of their salary and benefits.
COMMISSIONER COLETTA: But also too, the first six
months is going to be in training, and they're -- the deputy will not be
available to us at that time.
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May 13,2003
MS. KINZEL: Well, after -- right. After these first three years
though, theorically, those -- that group would already be trained, and
then we would bring them over to the general fund. That's a funding
source shift, and those would already be trained deputies.
COMMISSIONER COLETTA: Thank you very much.
CHAIRMAN HENNING: Commissioner Coyle, then
Commissioner Halas.
COMMISSIONER COYLE: I need to clarify a point again.
If we take the action to designate ourselves as the agency
responsible for dealing with these grants, will we not have adequate
opportunity when we get to the budget negotiations to deal with the
cost impacts of that? We can't do that today.
MS. KINZEL: You will, Commissioner. We will bring back to
you all of the grant funded positions as well as the general funded
positions. And at that time, we would not have to accept these grant
awards. These are over the next three years, but this is just an
application process. We need the approval to go forward with the
application.
And if there's any grant that you would want to decline, you can
do that with the fed -- at the federal level, but --
COMMISSIONER COYLE: Well, that's sort of what I thought.
Trying to deal with the budget implications today is premature.
But I would like to say to you that I think these grant programs
are good programs, but they're very insidious programs. The federal
government knows exactly what they're doing. They're giving us
seed money. We lock ourselves in for three years for permanent --
positions that turn out to be permanent really.
And if every year we're getting more grants for -- for,
supposedly, free funding for additional positions, we're actually
compounding the problem as we go down the road, and we've got to
figure out a way to deal with that, and I think that's one of the things
that makes the board a little uncomfortable, and I'm happy to deal
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May 13,2003
with it at a later date, at the appropriate time when we're talking
about budget negotiations.
So back to the traffic issue. Don, as you probably know, the
legislature, I believe, has already approved an increase in traffic fines
statewide. They didn't go with a very big increase. And I would be
real happy to sponsor or support the sponsorship of a proposal to go
to the legislature for the next session to really increase the traffic
( sic).
I am convinced that there is a national conspiracy among the
other states. I'm convinced that what they do is they select their
worst drivers and they send them to Florida to visit or to live
permanently, and I think that's the reason we have such bad drivers
here. They've just all accumulated in one place, and I really think
that we could -- we could --
MR. HUNTER: I think I could subscribe to that.
COMMISSIONER COYLE: Yeah, I think it's probably true.
So I would -- I would do whatever I can to help get that fine level
increased even above where the legislature has increased it now.
MR. HUNTER: Well, one direction I'd like to see us pursue
would be, perhaps, some remedial legislation that would permit
county commissions to create additional fine schedules within the
county --
COMMISSIONER COYLE: Yeah.
MR. HUNTER: -- for retention of those revenues for our use,
for your use, but I'd like to see us authorized to create additional
fines, because we are being impacted. Other areas -- let's say
Franklin County. Franklin County, rural roads, nobody drives them.
They're not -- they're not suffering the way we are, and they have as
great a weight as we do when we go before the legislature to talk
about, let's increase the fine schedule. Well, they're not suffering the
way we are, Miami -Dade is suffering, Orange County is suffering, et
cetera.
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May 13, 2003
So I'd like to see some relief for boards of county commissions
to take action directly as a legislative body to create these fine
schedules. Just as the judges do for bonds, we should be permitted to
do some work, I think, locally to tailor make our situation a little
different.
COMMISSIONER COYLE: I think you're absolutely correct.
So my final comment is, I would like to go ahead and recommend
approval of 13(A) --
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: -- (B), (C) and (D), if we can do it
all at once.
COMMISSIONER FIALA: Second, second, second.
COMMISSIONER HALAS: I've got some other -- I've got
some other questions.
MR. MUDD: Do them separately.
COMMISSIONER COYLE: Yeah, okay. 13(A), recommend
approval.
CHAIRMAN HENNING: We have a motion by Commissioner
Coyle and second by Commissioner Fiala on 13 -- to approve 13(A).
Commissioner Halas?
COMMISSIONER HALAS: I'd just like to cover the bases here
on COPS for schools, if I could, just briefly, Sheriff.
MR. HUNTER: Uh-huh.
COMMISSIONER HALAS: The way I read this is we
presently in the high schools have two officers for each high school,
and we're going to increase this by three in each school, and we're
also going to increase or bring on line, for each of the primary and
secondary schools, officers.
Do we have that big of a problem in our schools where we need
three officers in our -- in our senior highs? Maybe you could
enlighten me a little bit here.
MR. HUNTER: I was afraid that the conversation might turn
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May 13,2003
this way, because I don't want to alarm the public.
But if I may go back a couple of years to Columbine, law
enforcement learned a terrible lesson, and I think the general public
learned a terrible lesson, that in a perceived to be relatively safe
place, you can have gross massacre, the killing of -- the wanton
killing of innocent young people. And what we learned in
Columbine that was our response was not sufficient, that we had
plenty of external outside force but no internal force.
Remember, Commissioner Halas, our schools now are not
populated with 800 students. Two deputy sheriffs spread over two or
three acres with 2,100 to 2,300 students, one deputy to 1,000 plus
students -- is the ratio today at the high school -- is not a -- not a safe
place.
We have been -- if you'll -- some of our commissioners were
available when we had the study group come in for a better Collier
County, and they -- and they lambasted the county school boards for
not having open campuses where the public was free to move about
any time they want, any time of the day, making for a very unsafe
situation.
And we know from our studies, from my studies and my
involvement with the oversight board for the State of Florida on
county terror, domestic security, that our schools are the primary
target. They are a very high value terrorist target. I'm not saying our
schools in Collier County. I'm saying any unprotected school is a
high value target because of the school children being there.
We learned this lesson from the Israelis. Damon Temere
(phonetic), retired brigadier journal (sic) -- general out of Israel,
came and spoke before the governor at the oversight board and
reminded the governor that this is one of -- your first problems,
Governor, your schools need to be protected because that's where
they're going to attack you, not at some chemical manufacturing
plant or hospital. They're going to attack your schools where your
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May 13,2003
children are, because that's a high value target.
We have two people currently, they're trained, they have
automatic weapons, semiautomatic pistols available.
Unfortunately, though --
COMMISSIONER HALAS: They carry these in the school
with them at all times?
MR. HUNTER: Their semiautomatic pistols, they do, they have
available -- and I won't disclose where we have available the rifles.
But as a result of Columbine, I would like to have the capacity
__ and I believe it is incumbent upon this board to support and the
school board to support a capacity to eliminate threats of active
shooters inside our schools as well as to help me and help you and
help our school board better protect our children from the threat of
drugs on our school campuses.
It is a burgeoning problem. We have multi polydrug deaths
occurring today of our young people. Unfortunately, a lot of that is
occurring -- the mix and the contacts are occurring on school
premIses.
Again, I don't want to be too colorful in my descriptions, but I
think that it is a significant problem. And let me say, just as a matter
of policy and philosophy, I will not come before this board with a
position that the agency does not need, just because the federal
government holds some caridat (phonetic) to us for funding.
The positions that I believe we today need in order to better
secure our schools and to further the enforcement and investigation
of the violation of our drug laws, federal and state, those positions
are needed and necessary . We are simply being offered the ability to
offset costs by the federal government for the next multi-year period
in obtaining those positions.
So these are positions that I believe I can convince you we need
in Collier County. Unfortunately, the federal government has gone to
this new funding process where they don't provide you with a 50/50
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May 13, 2003
grant or a 75/25 grant. They had this declining structure. It started
under the Clinton administration 10 years ago roughly, where they
offer the money, they want to put COPS on the street, and before
they weren't funding COPS position, they weren't funding us. They
were funding equipment, they were funding special proj ects, but they
weren't funding necessarily -- and almost -- I can say they were not
funding positions.
They wanted to put a hundred thousand police officers on the
street back about seven years ago, and the manner in which they
were going to do that was to give multi-year grants in a -- starting out
fairly high the first year and then decreasing or weaning you off the
grants.
But these are necessary positions, so, therefore, what we would
have spent, whatever that number was, let's say $5 million, is going
to be offset by $2 million provided by the federal government for
necessary positions.
COMMISSIONER HALAS: How much does the school board
give you for each of these officers that's going to be in the --
MR. HUNTER: I answered that question, previously asked by
Commissioner Fiala.
The school board provides no funding directly to the sheriffs
office for any of these positions. That -- these are sheriffs deputies
funded by the Board of County Commissioners.
If they were to provide funding, I would imagine it would come
to you, Commissioner, as part of your operating funds, and that's
something to be worked out with your county manager. I don't have
any legislative authority nor do I apply to the school board of cou --
board of -- School Board of Collier County for any funding.
CHAIRMAN HENNING: Is there any more discussion on the
motion?
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
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May 13, 2003
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries --
COMMISSIONER HALAS: 4-1.
CHAIRMAN HENNING: 4-1
MR. HUNTER: Thank you.
COMMISSIONER COYLE: Recommend approval of 13(B).
CHAIRMAN HENNING: Commissioner Halas descending
(sic) on that.
Item #13B
BOARD OF COUNTY COMMISSIONERS TO SERVE AS
LOCAL COORDINATING UNIT FOR THE U.S. DEPARTMENT
OF JUSTICE COPS HOMELAND SECURITY OVERTIME
EROGRAM 2001 GRANT - A~OVED
13(B) is homeland security overtime?
COMMISSIONER FIALA: Yeah, second that.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Fiala.
All in favor -- any discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saYIng aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
Page 48
May 13, 2003
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Item #13C
BOARD OF COUNTY COMMISSIONERS TO SERVE AS
LOCAL COORDINATING UNIT FOR THE U.S. DEPARTMENT
OF JUSTICE 3-YEAR COPS IN SCHOOL 2003 GRANT-
APPROVED AND STAFF TO CONTACT COLLIER COUNTY
SCHOOL BOARD TO HELP W/FUNDING OF POLICE PATROL
IN C01..ThITY SCHOOJ ,S
Next item is 13(C). This is grants -- three -- COPS in school.
Sheriff, on that item, I must tell you that I'm not sure if we're
trying to get more deputies in the school because of the size of the
students in the schools or just in general because of the size of the
campus. But school board is building more schools, high schools.
MR. HUNTER: Yes, they are.
CHAIRMAN HENNING: Therefore, if it is your charge to put
three deputies in each of the schools -- I think they're going to pop
one out next year and the year after, and I'm not sure what's going on.
So we're going to have to, you know, work with the school board to
see what we can do in the future.
But I guess I do have a concern about the additional deputies in
the school, and I'm sure that's up to your privy (sic) to move the
deputies as these new schools come onboard.
MR. HUNTER: What was the last comment, Commissioner?
CHAIRMAN HENNING: Well, you have the ability to move
these deputies into the new schools instead of new hires, correct?
Page 49
May 13,2003
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COYLE: Second, with one caveat, that we
do approach the school district to make sure we get them to
participate in this process.
MR. MUDD: Yes, sir.
COMMISSIONER COYLE: Okay?
COMMISSIONER FIALA: That will be part of my motion.
Thank you.
CHAIRMAN HENNING: Okay. Is that --
MR. HUNTER: Well, if I may address just the one comment,
that we would move deputies into the schools, I assume from the
street or from investigation as opposed to hiring new deputies, is
what -- is the comment?
CHAIRMAN HENNING: The goal is to put three deputies in
each school, high school, correct?
MR. HUNTER: Well, at the moment what we would like to do
for the high schools is put three in the high schools. Gang-related
issues, drugs, counter terror, protection of the schools, the envelope
__ create a secure envelope, correct, due to the numbers of the
students on school campuses and the various and sundry problems
that we're encountering. We also have a more violent student
population, which is easily documented, if you haven't been to our
schools, with school disruptions and confrontations with students,
with students and teachers, that is our issue.
And, again, I don't want to alarm the public, but that's simply
the manner in which we have progressed. Three is a prudent number,
yes, for the high schools.
CHAIRMAN HENNING: Okay. And right now we have two
deputies --
MR. HUNTER: Correct, we have two --
CHAIRMAN HENNING: -- per school?
MR. HUNTER: -- today.
Page 50
May 13,2003
CHAIRMAN HENNING: And if it's based on --
MR. HUNTER: In the high schools.
CHAIRMAN HENNING: If it's based on the number of
students, deputies ( sic) student ratio, those ratios are going to change
once the high schools are built?
MR. HUNTER: No, it's not based purely upon -- I'm not trying
to mislead you this morning.
CHAIRMAN HENNING: No.
MR. HUNTER: I'm giving you the various reasons why -- in
response to Commissioner Halas's question, some of the reasons
behind the request for the authority to go forward with grants to put
three deputy sheriffs in high schools. One of the reasons was this --
the ratios of number of student, another is the character of the
students that we're getting.
Some of the -- some of the students are far like -- far more likely
today to act out than others. Unfortunately, they are also bringing
weapons to school if you are not prudent and diligent, and we are
having more and more confrontations between student on student and
student on teacher and administrators than we've had in the past.
So those things are combining. We have gangs, gang activity.
They recruit in the schools. They are also active in the schools.
We've had a fairly large and significant melee, if you will, at a recent
-- recently at a high school on the east end.
COMMISSIONER HALAS: They're out of control.
MR. HUNTER: Again, I don't want to go into a great deal of
detail today. I can talk to you off line pertaining to some of this.
I think, yes, it's a responsibility of the school board, it's also the
responsibility of this board, it's also a responsibility of the sheriffs
office that is responsible for all law enforcement entirely in the
county, whether it's a school, a new mall, a new business building, a
new public library. Those are all our responsibilities.
I can't simply ignore them when they come out of the ground
Page 51
May 13,2003
and say, well, we just ran out of people. I'm making you aware,
which is my responsibility. We try to do our proper planning, inform
the board, try to prepare the board in terms of what the needs of the
agency and this county are relative to law enforcement, judicial
services, and corrections.
And that's all we are doing today, simply bringing you up to
date in terms of what we believe to be our concerns and our
responsibilities and our future need, and here are some ways that we
might be able to offset some of the costs of those future needs.
Because, as we said, some of these positions we're not even
programming until about 2005, but we have to get in line now. And
in order to get in line, we have to have your authority to move
forward.
CHAIRMAN HENNING: Okay. And before I go to
Commissioner Halas, I have concerns about the addendum to the
motion about the school boards kicking in on this. If they say no,
then basically we're saying no to the grant; is that what we're doing?
COMMISSIONER FIALA: Oh, no, not in my vote.
CHAIRMAN HENNING: No?
COMMISSIONER FIALA: Not in my motion.
COMMISSIONER COYLE: That wasn't the intent. It probably
would be proper to separate those two issues into a motion to
approve item 13(C), followed by a consensus of the board to direct
the staff to approach the school district about sharing the funds, so I
think you're right --
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: -- the proper way would be to
separate it.
CHAIRMAN HENNING: Is that okay with the motion maker?
COMMISSIONER FIALA: Yes, it is.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Sheriff, I'm quite concerned here
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May 13,2003
from what you've recently said here.
Do we make searches in the school or do we have the stanchion
set up to where people go through for metal detecture -- detection in
schools?
MR. HUNTER: No. The school board has not created that
situation.
COMMISSIONER HALAS: I mean, if we had the situation--
MR. HUNTER: We do have searches, yes, for contraband.
COMMISSIONER HALAS: Because the way you're coming
with this scenario, it sounds that we almost got a situation where
these high schools are almost out of hand, and I'm concerned about
the --
MR. HUNTER: No, I don't believe that's a proper
characterization of what I said. In fact, I've been very careful not to
say that, and I hope that the board is not getting the flavor for --
COMMISSIONER HALAS: Okay. That's kind of -- that's kind
of how I -- you're talking about gang activities, you were talking
about drugs, you're talking about students fighting amongst students
and students fighting amongst teachers. To me that's almost to the
point where discipline is out of hand. I mean, that's how I would
perceive it. And I may be totally wrong. I'm very sorry if I did.
CHAIRMAN HENNING: Okay.
MR. HUNTER: No, I'm not trying to characterize --
COMMISSIONER HALAS: Okay.
MR. HUNTER: -- that our schools are out of control. What I'm
trying to characterize for the commission today is that we have a
future need if you are to stay current and keep the schools a safe
place, that we have had some eruptions, if you will, of some
discipline problems, but I'm not characterizing our schools as out of
control, and I'm very careful not to characterize them as out of
control, simply that we need to stay in front of that and not dismiss it
when we see it beginning.
Page 53
May 13,2003
We do have gang activity in the schools. It should not be news
to anyone, unfortunately, since 1991. That is their recruiting ground.
That is where they make their contacts, that is where they
encourage, by intimidation, people to become members of the gang.
We have several gangs, and I can make or have made to this board a
presentation pertaining to gangs. I prefer to do that also off line
because it is mischaracterized when we speak.
It is a matter of great public concern, but unfortunately, there
are people amongst us who feel compelled to mischaracterize it.
They will say we are out of control. That's why I'm very careful to
suggest to you that we are not out of control, simply trying to lay in
the necessary -- the necessary staffing, the necessary resources to
support our school board and our administrators and teachers to keep
a safe venue for our students to attend school.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala, second by Commissioner Coyle to move this item.
Any further discussion?
(N 0 response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saYIng aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries, 4-0 (sic),
Commissioner Halas descending ( sic).
Item #13D
EXPENDITURE OF AVAILABLE FUNDS FOR THE PURCHASE
Page 54
May 13,2003
OF 800 MHz PORTABLE RADIOS FOR THE SHERIFF'S OFFICE
=.AEffiOVED
The next item is 13(D). This -- pardon?
COMMISSIONER COYLE: Oh, I'm sorry. I was going to
make a motion to approve.
CHAIRMAN HENNING: Well, please do.
COMMISSIONER COYLE: I'd like to make a comment. I
hope none of the board members misinterpret my intent here in
proposing approval of these items.
These are largely administrative in nature. There's no way we
can make a sound budget decision at this point in time. I mean, we
can't get trapped into sequential budgeting decisions, a little bit here,
a little bit next week, a little bit next month.
We've got to consider the budgeting decisions in total whenever
they come before us. But as administrative decisions to appoint the
board as the -- as the recipient or administrator of grants is something
that has been common and, in fact, required in the past.
And I don't want anyone to think that I'm trying to circumvent
the budgeting process or the decision-making process. It's just that
we don't have the information to make the decisions on the budget
today.
CHAIRMAN HENNING: There's a motion by Commissioner.
Is there a second to the motion?
COMMISSIONER FIALA: Second that motion.
CHAIRMAN HENNING: There's a motion, second by
Commissioner Fiala.
Any discussion on the motion?
Sheriff, you felt abused this morning enough, or do we need to
MR. HUNTER: Not at all. I don't feel abused at all.
COMMISSIONER COYLE: We should talk longer then.
Page 55
May 13,2003
MR. HUNTER: Let's go.
CHAIRMAN HENNING: All in favor of the motion, signify by
saYIng aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(N 0 response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Thank you very much, Sheriff, for being here.
MR. HUNTER: I appreciate the board's sympathy for my
inability to properly express myself. But I do appreciate your
support, and it is a necessary administrative step. It is required by
the federal government, this administrative detail, and we appreciate
the support to go forward with these, and we will have those
discussions later on.
CHAIRMAN HENNING: Thank you.
Item #10A
APPOINTMENT OF MS. LEN GOLDEN PRICE TO THE
POSITION OF ADMINISTRATIVE SERVICES
Next item is IO(A). It's a time certain at 10:00 a.m., being 10:30
now, to recommend -- to confirm the appointment of Ms. Len Golden
Price to the position of administrative service administrator.
MR. MUDD: Yes, sir.
Ms. Len Golden Price, we are -- we are truly fortunate to have
picked her in the fact that there were over 200 applicants for this
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May 13,2003
particular job throughout the country and within Collier County and
the State of Florida.
She comes highly recommended from the chief of police from
the City of EI Paso -- and I hope the sheriff has gone, because you
can't have her -- and she was the administrative service department
director in the City of EI Paso, and truly an honor for her.
She's also in the Woman Hall of Fame in the City of EI Paso for
this last year, basically the woman of the year for the city.
She is thoroughly involved in her community, and as the chief
of police has said to our folks and to me, she is truly his right-hand
man, and we could have 1,300 plus employees, but you can't have
her.
And I don't think I can say any more nor could he give a higher
recommendation for her, and I'd like the Board of County
Commissioners to endorse and confirm the appointment of Ms. Len
Golden Price to the position of administrative services.
COMMISSIONER COYLE: So move.
COMMISSIONER COLETTA: Motion--
COMMISSIONER HALAS: I second it.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Coletta.
Any discussion on the motion?
(N 0 response.)
CHAIRMAN HENNING: One thing. I understand that you
(sic) husband have -- myself and your husband have something in
common, and I look forward to working with him to show him the
10,000 Islands.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
Page 57
May 13,2003
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries.
Welcome to Collier County.
(Applause.)
CHAIRMAN HENNING: We are going to give the court
reporter a la-minute break. The time is 10:35. We will convene at
10:45.
COMMISSIONER COYLE: And we'll take up, what, 5(A)?
CHAIRMAN HENNING: Whatever you want.
(A recess was taken.)
CHAIRMAN HENNING: Would everybody take their seats,
please.
Item #5A
STAFF TO WORK WITH EMS, FIRE DEPT., AND SHERIFF'S
DEPT. REGARDING SPEED BUMPS, CALMING DEVICES AND
The next item is presentations. This next presentation is 5(A),
correct?
MR. MUDD: Yes, sir. It's a presentation by -- by Fire Chief
Donald R. Peterson regarding the installation of speed bumps, claim
-- calming devices, pre-entry treatments on roads. Each one of you
I'd like -- I might let you know that each one of you on your -- by
your desk has one. The presentation is -- the slides are there so you
can take notes.
Sir?
CHAIRMAN HENNING: Chief Peterson, thank you for being
here this morning.
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MR. PETERSON: Thank you, commi -- thank you,
Commissioners. For the record, my name is Don Peterson. I'm the
fire chief for Golden Gate Fire and Rescue. Assisting me today is
Victor Hill, our public information officer. We put together a slide
presentation for you.
We are representing the Fire Service Steering Committee, and
we wanted to go through and identify some issues that are physically
impacting emergency services.
We also have in the audience with us today Commissioner Rich
Gibbons with East Naples Fire Department, Commissioner Matt
Hudson with Golden Gate Fire Department, and Chief Mike Murphy,
is also here with us.
The -- and, again, today is to share the physical impact problems
for emergency services. Weare -- our business is life -- life and
safety.
Some of the speed bump expectations; designed for motorists
who break traffic laws, especially speeders, discourage traffic along
residential through streets and should reduce traffic fatalities,
especially among children.
One of the things that we're currently encountering, and you get
to the root of the problem, is people are speeding. That's the
problem. That's how speed bumps come about.
The speed bumps, we believe, are a Band-Aid that are going in,
and we feel that it's important to share with the commission that
there's physical impairments. And of that, it affects other people it's
not intended.
Some of the things that occur because of road capacities are lack
of sidewalks. A lot of cases that the children don't have a choice but
to play in the street as well as the -- in their yards. And as a result of
that, when people are speeding, we encounter a lot of problems.
Go to the next one. Some of the basics about speed bumps.
They're often installed on residential streets, in gated communities,
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apartment complexes, and shopping centers. They can range
anywhere from two to four inches or more in height, typically made
of asphalt, concrete, or rubber-type material.
Along with that they're often marked with yellow or white
reflective markings. And in addition, in many cases you end up with
an -- additional signs in the residence marking or warning you that
there's a speed bump coming up.
This next -- bless you.
This next slide is an example in East Naples. The reason we
were showing this is to identify the ground clearance that occurs with
a lot of vehicles.
Now, understanding, again, what we're sharing with you are the
actual physical activities that are occurring out in the street that we're
not generating or we're not -- what we're showing you today is
physically taking place in the street.
And what's occurring -- and we know there's teenagers, just like
in the 50s and 60s, we modified cars, cars are being lowered,
sometimes they generate the scrapings on the street, but there's also a
lot of cars out there, depending on the heights of the bumps, the
newer models, with no modifications, end up scraping some of these
speed bumps that are installed.
And I might add, too, that some of the slides, although we may
identify a specific location, that the discussion today is county-wide.
It's not just a Golden Gate issue, it's just not an East Naples issue.
It's anyplace where speed bumps are going in.
This one is -- happens to be in Saxon Manor. And again, the
scars that are on the speed bump are caused by vehicles with low
ground clearance, it becomes -- in some cases it's a maintenance
thing because somebody has to go out and continue to repaint them
to keep the community looking good.
One note, too, with -- any time a car comes in contact with the
speed bump and causes damage like they are encountering here,
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there's a reactionary noise for the people that live across the street or
next door that you're going to have -- whether it sounds like vehicles
are being hit or whatever the case is, but you're going to have
reactionary activity with that.
Sunshine Boulevard. This technically may be called or
considered a raised crosswalk; however, with anything that is raised
in the normally flat street, has a reactionary effect to the -- to any
vehicles that are going -- going over them.
The important thing, and we recognize and understand, if you
make a speed bump that is too soft and it does not impact the driver,
then it doesn't perform its function. So the function of a speed bump
is to give some reactionary event to the driver, that meaning that he's
got to -- or the person has to slow down. So speed bumps are
intended to jolt the driver in some way, whatever that is. If it's --
normally it's through a sudden reaction or an impact.
In this particular case, on the Warren Street slide, this is a new
type, happens to be -- it's either hard rubber or a plastic type of
material that's installed. This particular device is movable. Unlike
the others, they're poured in place or rolled into place. This type is a
-- commercially available.
One of the issues that's come up that -- in the case of Golden
Gate, we do have several different versions of speed bumps. One of
the -- like anything, if you pour concrete, you need some kind of
mold to put it in. It's just like with asphalt, that when you put it
down, you need some kind of mold, and those molds over the years
have been a challenge, that there isn't one standard mold, so
depending on the company that's putting it in, you can get a different
variance in the reactionary effect to the vehicles.
Some of the speed bump myths, slow down -- that they slow
down speeding motorists, ensure the safety of residents, especially
children, pedestrians, and cyclists, and reduce the number of
potential deaths.
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In some cases there can be a reactionary effect where they cause
additional deaths or vehicle accidents. In the case of a lady we had
in Golden Gate that had written me a letter regarding speed bumps,
she'd encounter a speed bump, and because of her elder -- elderly age
and some arthritic conditions, needs to go slow over these to start
with.
What had occurred in her situation was she had done this, and
there was a pickup truck in the left-hand lane that come flying
through, impacted the speed bump faster than he should have,
throwing gravel and scared her, literally, and because of that she
ended up stalling her vehicle and created problems for her and took
her a few minutes to recover from that.
So there are -- and as more and more of this is being shared,
there are more folks that are sharing that they're encountering similar
types of incidents with speed bumps.
We know today that installation of the speed bumps on public
roads require petitions of the county or city officials. Gated
communities and developers install them at their discretion. Few
counties have installation guidelines, and few people understand
consequences of installation.
One of the things that we've done actually over the last couple
of years in trying to resolve some of our issues here is to go to a
nation-wide search, and it actually has become a global-wide search.
We've received correspondence from Britain or England, I forget
just where the gentleman was from -- London, I believe it was -- that
speed bumps are an issue all over the world. And in a lot of cases
they've been installed, and after they were installed, they were
removed because they found they didn't meet what the original
objective of the project was.
This next slide is a quote out of the existing manual for the
Collier County Neighborhood Traffic Management Program that --
when the manual was put together, it was identified -- in most of the
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recommendations or suggestions in there, they identify, emergency
vehicle access and response times must be considered when
designing and installing traffic calming devices.
And it's unclear if emergency services had input on the
Neighborhood Traffic Management Program. And we tried to track
it back a little bit. The folks that are listed on the inside of the cover,
we did not see any emergency management or any related folks, but
somewhere along the way somebody did identify that -- the physical
impediment that occurs with the speed bumps along the way.
Also to identify -- raised crosswalks may be a problem for
emergency vehicles, may create noise, drivers may speed up between
homes, may increase traffic on other streets.
Six -- in the case of crosswalks, it's identified there was six
disadvantages versus three advantages.
Some of the material that's been shared with us identifies that
there have been studies done by folks in Texas and California that
there is an increase in noise pollution. You've got maintenance
vehicles of various types that, when they go over them, they jingle.
If -- normally it would not be an issue for people, but the folks that
are immediately in the front yard or whose homes, they are impacted
by the devices that are going in there -- do cause additional issues.
There are also, when con -- any type of a construction type of truck
going over them is going to provide that additional noise generation
as well.
Speed bumps, again, have been identified -- may be a problem
for emergency vehicles, may create noise, drivers may skirt around to
avoid impact, may increase traffic on other streets, difficult to
properly construct. Eight disadvantages versus three advantages.
One of the things that comes up is, when you look at the streets,
there's a lot of folks that bicycle. And more and more you see people
trying to ride bikes. And, in fact, on some of the major corridors,
there's bike lanes that are being put in to promote that.
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On the residential streets, when you install speed bumps, you
have the folks that -- whether they're rollerblading or riding bikes,
that if you ever, I would offer, take a bike over a speed bump and --
the different versions of them, and they can be a problem.
When there isn't curbing on the side of the street -- and we'll
show you a slide in a second -- that people will go around them,
inevitably, whenever they can do that.
But there's an -- there's -- in our particular place in Golden Gate,
there's at least a couple of folks with motorized wheelchairs that you
can see out on a fairly regular basis out on the streets. But they've
got -- if there aren't any sidewalks, they're in the street getting from
point to point. So when they start going over those, that's going to be
a problem for them.
The slide that we have up right now is in the case of Warran
Street where the speed bump is installed there, that it only took --
actually when I pulled up to take this slide, there was a couple of --
there was a couple parents that were -- had the kids on the back of a
moped that took the route that everybody is taking there.
There's actually another one -- there's two that are installed in
this particular location. And I'd asked the guys in the East Naples
shop that's there, and they estimated 50 percent of the people on that
street end up driving around in the grass versus trying to go over the
speed bump.
So one of the -- it's important -- and I hope we get the point
across today that, again, these are physical activities that are
occurring here, and we want to be a participant in your resolution
that there are reactionary events whenever you put anything in the
street, and that's what we're attempting to share with you today here.
Speed bump realities. Children on bicycles or skate boards may
play in the streets because the bumps serve as obstacles. A study was
done in Austin, Texas, and it indicated that it could take as long as
425 years for one speed bump to save one child. Intended to affect
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the average daily driver, and the longer the vehicle, the greater the
impact.
Now, it's important that -- emergency services folks have
children too. And it's important to, I think, say out loud that we are
not against safety for children. That isn't what this is all about. In
fact, it's the activity that we need to do to be able to help the children
out there, save lives and property. And with the installation of speed
bumps, it's impairing that activity as well as the ADA issues and
some of the other folks out there, that I'm not sure if they've
identified.
We're finding more information on the website regarding ADA
issues. It's kind of like coming into a public building, when you start
impeding the right-of-way for folks, it has a lot of reactionary fingers
to it that we didn't even anticipate when we first started the project
and looking at these.
The -- as far as the length of a vehicle, fire apparatus and
ambulances are getting longer, school buses are longer. If you've
ever ridden in a seven or 12 passenger van, it's probably the easiest
one, or even a caravan, the driver approaches those, not much of an
impact. The longer the vehicle, the more the whip is, plus the
difference in the height of those. So it -- there are whiplash issues
that can occur.
And if you've got folks standing up in a vehicle, they also -- one
of the interesting things just the other day I learned about, in Lee
County there's a particular area apparently -- it was shared by another
fire chief with me -- that when the speed bumps go in, apparently
they have figured out, if you lock up tandem so many times, it will
wear the whole ridge down in that speed bump, and, therefore, it can
-- they can go back to their increased speed, so it's definitely not a
local issue here that we're attempting to deal with.
Emergency services realities. The chance of survival if
breathing stops is severely reduced after four to six minutes because
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the brain cells begin to die. Emergency service personnel respond to
three or four potential cardiac or respiratory distress calls every day.
In addition to that, the longer a fire is allowed to progress,
naturally the worse the damage is going to be to that.
The easiest one for folks to relate to, I think, is the -- when a
family member or yourselves stop breathing. And again, we just
share this as a physical impact that's occurred here. Once you get
beyond that four or six minute window and you don't have assistance,
there are problems that come about.
We've been told that on an average with a speed bump -- and it's
going to vary depending on how high that speed bump is -- that it's --
about 15 seconds is a good norm to figure for every speed bump
that's going in. You're going to lose getting to the end. Now, when
you take a community that has one way in and one way out, if you
happen to be at the back end of the community, how many speed
bumps you encounter, if you add 15 seconds for every speed bump,
it's something that the community needs to decide whether they want
to have that risk.
And again, emergency services is all about mitigating the risk,
and it's important that we share with you that obstacles that
potentially we have some control over needs to somehow be
addressed.
If the community -- everybody comes back and says, that's fine,
you could take an extra five minutes, 10 minutes, 20 minutes, it's
important that the community come out and say that or that the gated
communities come out and say that. They need to identify out loud,
because when the event happens, inevitably, the first thing somebody
comes up, what took you so long in getting there. So, again, we're
just sharing with you the physical realities.
Some of the consequences. Statistics from the National
Motorist Association may speed -- say speed bumps slow emergency,
again, 15 seconds per bump, 40 percent or up to 100 percent total.
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Patient care is jeopardized, fires burn longer, vehicles suffer
damage, emergency workers risk injury.
If anybody watched something, it was about a week ago or two
weeks ago, one of the TV stations did a shot where they put
somebody in the back of it, tried to start an IV driving over the speed
bumps, and it definitely jars the paramedics that are in the back of
that unit.
This is an example of just a speed bump in Brittany Bay.
Again, there are different designs. Some of them are short, some of
them are high.
I had a community call about a month ago. Their speed bumps
were not giving the reaction, it wasn't slowing the traffic down in the
community. They wanted to raise the height of the speed bump. It
was a one-way in, one-way out community, and I asked them to
provide us a waiver of liability, a release of liability, because of the
significant impact it was going to have to responding to everyone in
that community.
And by asking for that, what we're attempting to get back from
that community is consensus that that community understands and
realizes what the impact is of those devices going in.
More concerns, traffic slows and backs up at the bumps,
especially if you get the elderly folks that can't stand to be jarred by
them, they are going to slow up. Newer vehicles drive over bumps
faster, better suspension, require larger bumps to slow down. Larger
bumps mean even longer emergency response times.
Speed bumps -- speed bumps hurt. There's been three
firefighters suffered injuries while responding to emergency calls,
and elderly disabled persons complain of pain going over the bumps.
And again, generally it's folks with arthritic type of conditions that
are still able to drive and get around the community that are
encountering these.
In the case of the firefighters, what had occurred where the guys
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were responding to calls -- hit the bumps and were thrown into the
roofs of the apparatus that were responding to the call.
And this is another example of a different type of a speed bump.
This was a long gradual rise in the speed bump. And this particular
case where we had the one injury occur, was with this type of a speed
bump.
Some of the other consequences, repair of the front and rear
suspensions on emergency vehicles, has increased. In our particular
case in Golden Gate that -- in the last three years. And to quantify
this gets to be a challenge because one of the -- as you know, a lot of
folks are -- want everything qualified.
And all we can share with you, that in the time when these
started coming up, alignments on rear axles, which we'd never
encountered before, we're now doing on apparatus, as well as
replacement of -- overhaul of front suspensions on apparatus, which
for years did not have to be done or did not occur.
Our concern is liability created by longer responses that
jeopardize patient treatment and increase property damage, liabilities
based on Americans with Disabilities Act, governments, emergency
service agencies, potential targets for lawsuits.
And we understand, too, that in the government day and age,
that we get sweeped (sic) in a lot of suits that are really frivolous that
-- because we happen to be there, because it happened to be our
property, because it happened to be our vehicle, we're included in
those lawsuits. And, again, this -- in an attempt to share with you
from an emergency services side, that there's another exposure that
we feel is warranted that be included when speed bumps are put in.
Some of the recommendations that we're suggesting is -- and I
know roadways are a big issue in Collier County. There's a lot of
discussion, capacity issues, funding issues. But we ask that you
please review this in the avenue of what is the problem and in an
attempt to fix the problem. In other words, go straight to the heart of
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the problem and not go around it.
Build, modify roads to fit traffic capacity. One of the things that
occurs with growth in the community, a street is not a through street.
Development comes along, and one end or the other now there is
increased construction, whether that's a single-family project,
whether that's a multi-family project. What has now been a, for
years, very quiet road has become a thoroughfare for someone.
What people had expected to be a quiet road, the road is a --
narrow to start with, it handled the capacity for years. Now with the
increased growth, that road, to resolve it, actually needs to be wider
or sidewalks need to be put in. And potentially, that could fix the
problem; however, again, you've got a person that's still speeding in
there.
But one of the things we encounter on many road is they're
narrow to start with. Mailboxes get clipped because of narrow roads.
So if you have one vehicle going at a time, it's not such an issue. Put
two vehicles on that same road side by side, they become very
narrow, and also creates problems.
If all else fails, develop and install emergency services friendly
speed bumps, change approval process, create strict guidelines for
creation.
We've asked some national folks regarding, is there, today, an
emergency services friendly speed bump, and the answer we've
found, no, to this point.
Request a release of liability for emergency services when
bumps are installed.
Let's go -- one of the items we wanted to share real quickly with
you, pre-entry treatments. There's two phases of this. Again, these
are intended to slow traffic down, limit, restrict. This is during
construction. I would share that there's two phases here during a
construction process, that there are some physical impediments.
Go ahead. Go to the next one.
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And, again, these are -- these are actual activities that are
occurring out there, restrictions that, getting an apparatus through --
go ahead. Go ahead.
In entries, when you make them curvy, again, they impact the
longer the vehicle. And in most cases, in most communities we find
that whether it's a pre-entry treatment, whatever you want to refer to
them as, one of the keys to this is having curbs that can be driven
over, not vertical curbing, is important, that -- and it's happening with
everybody.
The more -- they're intended to slow the average passenger
vehicle down. So when you do that, the end result is, when you have
a larger vehicle, like a fire engine or an ambulance, pickup truck
pulling trailers, everything is going to be impacted in this way.
Go ahead, Victor.
And, again, keep in mind that regardless of where these are
installed -- go ahead.
One of the challenges for us is installation by DOT standards.
Go ahead.
MR. HILL: It's the last one.
MR. PETERSON: Okay. Let's go back to the conclusions.
We don't disagree there are DOT standards out there, whether
they're federal or state. We've addressed -- attempted to address at a
state and a federal level, what's the resolve here. It's important to
move traffic from one point to another. We understand that.
In the methods of moving, efficiently moving that traffic and
passing it through, emergency services tends to be a secondary vent
to that.
Now, I would share that it is a challenge to a county
commissioner, that I would not want to be in your seat from trying to
resolve some of the issues that you do, but we think from an
emergency services standpoint, it was important to share with you
that there are some major concerns because of the major changes in
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the roadways that are occurring, the expediting of traffic from point
A to point B.
There are median crosses that used to be there that are being
removed, and all of those impact emergency services, whether it's
fire, law enforcement, EMS, that -- routes that they were now -- able
to get to in a short period of time now have an additional response
time to them.
And, again, I think it's important to bring everybody to the table
at the time that occurs to make sure, because it can go as far as
impacting utilities. If you have fire hydrants only on one side of the
street, you take out those median crossovers, the other side of the
street can no longer have the use of those. That's a physical impact
that's occurring here. So it's a global touching of a lot of different
agencies that are involved here, and we're asking for, somehow, that
we be able to get together in a forum.
In conclusion, that emergency services provides rapid -- our job,
provide rapid response to save lives and property. Lives depend on
rapid response, and speed bumps physically impede response.
Bumps should be the last solution considered to cure traffic
violations.
Involve emergency services officials in traffic studies and
standards, especially when speed bumps are at issue.
Can you show my whole slide? Can you back up?
And commission -- it's not a -- not a real good hole, but that's
the best speed bump you have out there. In the Estates on a gravel
road, there are several roads that have potholes in them. I guarantee
you people don't speed through potholed roads.
And I make a little light of it, however, this slows traffic down.
Speed bumps, whether it's teenagers or the older folks, they are
challenged. They use them as ramps, they park on them, spin the
tires off of them, and it doesn't fully resolve the problem.
We're trying to be proactive, not reactive. Again, if there is
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some forum that we could involve the county commission, the
emergency services to resolve it, the fire commissioners, the
emergency -- as the sheriff alluded in a couple of his items this
morning, emergency services being asked to do more with less.
The shorter the staff, the more important it is to be able to get
there quicker, and speed bumps impair that.
I think I've run over a little bit with the time. We can wrap up.
We certainly appreciate your time this morning. I know you've got a
busy schedule. And if you have any questions, we'd be glad to --
CHAIRMAN HENNING: We do have some public speakers,
and it's my privy (sic) to go to the public speakers, and I'm sure the
commissioners have questions.
Anybody have a problem with going to the public speakers?
COMMISSIONER COLETTA: Let's go to the public speakers,
please.
CHAIRMAN HENNING: Please call up the speakers.
MS. FILSON: Mr. Chairman, we have five speakers. The first
one is Patrick Ruff. He will be followed by Elizabeth Heath.
MR. RUFF: Good morning, Commissioners. My name is
Patrick Ruff. I reside at 1373 Wisconsin Drive. It is located between
Goodlette Road and U. S. 41, just south of Pine Ridge Road, just
north of Golden Gate Parkway.
And before I go any further I do want to -- I'm a 30-year
resident of Collier County, and I can tell you that I'm -- I go to sleep
every night very secure in our EMS, our police, and our fire services.
And driving around Collier County, obviously, maintenance and
upkeep is at the highest.
However, for our community, which is an older community, the
homes were built in the '60s, the road systems were put in in the '60s,
and they have not been addressed in the very near past. The striping,
the stop bars, the stop signs, all of which don't meet current design
standards.
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As an aside to that, that obviously Goodlette Road, U.S. 41,
Pine Ridge Road, Golden Gate Parkway, all continue to be built up to
maintain more and more level of service. What that's doing for our
community is sending more and more cars as cut-throughs to get to
either Goodlette or 41.
In the past' few years, the other cut-through streets that run east
and west have been addressed in different manners for traffic
calming or speed bumps, and that, in turn, is -- now pushes even
more level of service onto our community's streets.
While I'm not here to plead for speed bumps or against them or
anything like that, I am here to tag on to this presentation and
communicate with the commission that the roads' new planning and
design and the maintenance department, it severely needs some help
in the older communities and the older roads.
The -- you know, a lot of the new impact fees and stuff
obviously are doing all they can to stretch and keep up with the new
level of service as our community grows. And, again, these older
roads, which even a maintenance level, if you go out and walk them,
they haven't even been addressed.
One other comment, I guess, to bring up to that that kind of
throws salt into the wounds of our community, is just over two and a
half years ago we approached the -- you know, the planning and the
traffic department with our concerns. And our concerns came to
light just after the community to the north -- or to the south of us,
Highpoint, put speed bumps in to their golf course community,
which, in turn, now pushed their residents out onto our streets as
well, because they didn't have the opportunity to speed through their
neighborhoods because of their bumps, and now they're coming
through our neighborhood.
So we went to the county planning department. We asked them
to please, you know, take a look at this with us. So they did it -- they
put out the meters for the traffic counts, and they determined that our
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road for a feeder road between two major arteries exceeds the
recommended limits of service and that there should be something
done there.
At the time they were just finishing up the master transportation
plan for the county, and they said they couldn't really do anything
yet, because we've got to get this thing done and figured out. So now
we're two years post the big plan, and we're still being told the same
thing, basically, we know you exceed, you're having troubles there,
however, we can't really do speed bumps because the public service
providers are not happy with that right now. We have to find another
solution.
You know, there's -- our budgets are -- our hands are tied on our
budget, and, you know, it's not really up to the levels that meet those
thresholds.
So in the course of this conversation over the last couple of
years, now fast forward to just two months ago, the county
maintenance division shows up and decides to pave the three
north/south roads of our community. And so we're -- okay, great
we're finally getting somewhere.
Well, after one day of paving, they don't show up for a couple
weeks. So we call them up after a couple of weeks, say, hey, when
are you going to do the east/west, you know, and are we going to be
able to now get some decent striping and stuff? And the answer was,
oh, we're not doing the east/west. That wasn't determined to have
need. They're going to have to -- and on our next two-year plan,
there's not really any need projected for that.
So as we sit here today in our particular community, and I'm
sure there's other parts of the county, the -- we have our north/south
roads paved, repaved, three inches -- up to three inches higher than
our east/west roads. We have no -- I'm sorry -- no new striping on
those corridors, and there's no immediate plan for our east/west.
So in that regard, it just brings us, again, to tag on to this
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presentation and ask the commission if, in fact, there's a way to help
coordinate the maintenance of these older roads with the increased
service on the newer roads. And --
CHAIRMAN HENNING: I'll have to ask you to wrap it up, sir.
MR. RUFF: -- with I'll just -- I'll close. Thank you.
CHAIRMAN HENNING: Okay. Next speaker.
MS. FILSON: Your next speaker is Elizabeth Heath. She will
be followed by Polk Threlkeld and Mike Kirshner.
MS. HEATH: Hi, good morning. I have a terrible cold today,
so I'm a little froggy.
I am a resident of Estey Avenue between Shadowlawn and
Airport Road. And as many of you may know, Estey and the
Brookside neighborhood, Rock Creek Terrace, is the victim of a
tremendous amount of cut-through traffic from people who cut over
-- use our road to cut over to Davis Boulevard instead of taking the
turn at -- the right turn Davis and Airport.
Where the fire chief perceives speed bumps as a public safety
issue, I sort of stand on the other side of that argument. I can only
speak to my particular neighborhood, but I think it probably, you
know, in that sense represents a larger problem throughout the
county.
I represent a group of neighbors and homeowners who have
been trying for six or seven years to get something done as -- in
terms of traffic calming on Estey, and in helping the other streets that
feed off of Estey Avenue.
Most recently we've been told that really our -- this is from the
transportation department. We've been told that our only option is to
have speed bumps installed, and we've been circulating a petition,
because we do need to have the homeowners on Estey, get a majority
of those signatures on the petition to get the speed bumps installed.
So given the go-ahead on this again, after these years and years
of struggling and disappointments, much like my predecessor, the
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last speaker, had talked to, and then, you know, what's presented with
this today, that the speed bumps might become a null and void issue,
we don't really have any other choices in terms of traffic calming
measures.
We have, you know, thousands of cars that speed through there
daily. The argument in terms of the noise of the speed bumps versus
the noise of the speeding traffic, I'd take a speed bump any day, or a
pothole for that matter, if it would slow the cars down.
It's a safety issue. We did have a pedestrian hit and run fatality
on Estey Avenue a few years, I believe it was 1999. It's before I -- I
moved into the neighborhood in 2000 and have been dealing with
this. I've sort of joined in with the band of neighbors who have been
-- who have been waging this struggle.
You know, in my stretch of the road, it's pets that are getting
killed on a fairly regular basis. And again, I don't mean to sound too
melodramatic, but how long is it before it's a child or, you know, my
80-year-old dad who uses a cane to walk down to the street to his
barber shop and whereas we -- certainly there's no disrespect
intended towards EMS. In fact, I was afraid that all of them were
here earlier to talk against speed bumps, so I was really scared, felt
outnumbered.
But we don't -- we don't have any other choices. We've
essentially been told that this is the only thing we can do to calm
traffic. It's a working class neighborhood, it's a blue-collar
neighborhood. There's not going to be an association with fees that
can be raised to -- to put up a gate or other options, and I don't think
any of those options would sit any better with the -- with the EMS
department.
So until another viable alternative is presented to us, I would ask
that the commission not make a move on banning the speed bumps or
other traffic calming measures. It's unrealistic to think that the
sheriffs department can have someone sitting at the corner of Estey
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and Shadowlawn -- 24-7 is about what it would take to calm the
traffi c.
They do post patrols out there periodically. They have a radar
gun, they issue tickets. The day that they're out there, it helps. The
next day or the minute after they leave, we go back to square one.
And not only is this -- it's cut-through traffic, it's delivery trucks, it's
Greyhound buses that are cutting -- using the back way to get over to
Davis. We have the trucks from Oaks Farm that use Brookside,
Estey and Brookside to cut over.
And it's -- you know, it goes well beyond just an aesthetic and
quality of life issue, too. It's a safety issue for us.
So I don't -- I don't think I have anything else to add to that.
Again, until other options are presented for us, we just -- we feel like
we're just out of choices here and have been told as much by the
transportation department, that speed bumps, or the speed humps, as
they were presented to us, the raised -- the raised bumps were the
only thing that we can do to improve safety and quality of life there.
CHAIRMAN HENNING: Thank you.
MS. HEATH: Okay.
CHAIRMAN HENNING: Next speaker.
MS. FILSON: I have two speakers listed on this next slip. Polk
Threlkeld and Mike Kirshner.
MR. THRELKELD: Good morning. My name's Polk
Threlkeld. I'm with the River Reach Association.
I've just learned something a little while ago, and I was going to
come up here and ask that you not ban speed bumps, because I think
maybe we need potholes now. If that's what works and that's what it
takes -- quite frankly, we have a big problem with a racetrack
through our neighborhood.
And at the end of the street we have somewhere around -- I
forget how many units, but quite a few apartment units that create an
awful lot of traffic, and it's a lot -- it's a volume of traffic, but it's a
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tremendous volume of speeders.
And I don't know what it would take to slow them down or to
make our neighborhood a little safer, but we need your help. And
this is a -- it's a community issue.
And as I understand, the current traffic calming policy allows
for decisions to be made on a per issue community basis. So with
that in mind I -- we'll leave it at that. Mike?
CHAIRMAN HENNING: Thank you.
MR. KIRSHNER: Good morning. I'm Mike Kirshner. I live on
Outrigger Drive, same community as Mr. Threlkeld.
Again, I guess we're here this morning to ask for your help. It
may be speed bumps, it may not, but we do need traffic calming.
Approximately three weeks ago we had a fatality in the
neighborhood. I understand from the state highway patrol report the
speed was somewhere between 70 and 75 miles per hour at the time
of impact. That is not conducive to a 25-mile-per-hour residential
neighborhood.
Be it speed bumps, traffic controls of some type, we're all
taxpayers in the county . We all love it here. Please help us get our
community where it's safe for us to live and enjoy our lives. Thank
you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: The next speaker is Paul Horne. He will be
followed by your final speaker, Gary Dawson.
MR. HORNE: Hi. My name is Paul Horne. I also live on
Wisconsin Drive where Pat lives also.
And I guess this is an opportunity for me to express my
frustration about how I feel the county government, in particular the
transportation department, has not done what they said they would
do, in that we did fill -- we had a -- I thought we had a pretty good
consensus. Fifty-three of fifty-five houses signed in a packet that
said that they were in favor of some sort of speed deterrent device.
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We turned it in and we met with the transportation department a
number of times. I think it was four times over the course of the last
two and a half years.
We qualified for speed deterrent devices because 1,300 cars
drove down our street in a 24-hour period, with the average speed of
over 31 miles per hour. We have 34 children that live on our street,
which is not a through street. It's an indirect through street.
And if you were to sit -- excuse me -- out in our front yard one
afternoon and just watch the cars go by, you would -- you would be
out of your mind. You would not be -- you wouldn't be able to
believe it.
And -- but to -- I mean, that's just our particular case, and there's
other people here that have the same problem with people who speed.
I don't know what the solution is, but there is a solution out there.
We're smart people. We can figure it out. We put a man on the
moon. We can figure out how to slow down people from speeding.
It's not that difficult.
Be it a certain type of device that has spacing for emergency
vehicles that only their axle base or length can get through, that
there's grooves there or some sort of device that can -- that can be put
on the road that can both slow down cars and allow the EMS people
to get to where they need to go so people don't die in that way either.
I saw the fire chiefs one stat. that says it takes 425 years to save
a child with those speed bumps. If that's my child, I'd gladly wait
425 years for it to work.
And I want this situation to be solved, because we're talking
about a situation that could be -- end up in a tragedy when a
four-year-old child gets run over by a speeding person. Wherever it
be, be it in River Reach, be it on Wisconsin Drive, be it in Golden
Gate, wherever. It's an alarming problem for me.
And I have four little ones, and I'm outside with them. I don't
let them go anywhere near the road. But there's always that one time
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where I turn around -- and maybe it's Pat's child that's running across
the street and doesn't look both ways, but you can't have a hundred
percent protection every day.
And that one time, if it is my child, it would be an absolute
tragedy. And it hurts my heart to even think about that happening.
And we are in a position to do something about it, and to sit by
idly and let something that's such a potential tragedy be out there on
the horizon, it just -- it boggles my mind. And we have the
opportunity to do it.
Whatever we need to do, if it's sit down in a meeting with the
EMS people and design something -- if there's not something on the
market that can do this, then let's come up with it. We have
engineers. We can design something.
It's not that difficult to do. I'm willing to do it. I'll sit down
with anybody and design it. I'll drive the fire engine over the speed
bumps if we have to to figure out what's going on.
But I'm offering myself up as a spearhead to do that. And -- it
needs to be solved. It is a scary problem, and I hope we can fix it
together. Thank you.
CHAIRMAN HENNING: Thank you.
MS. FILSON: The final speaker is Gary Dawson.
MR. DAWSON: Good morning. I think it's still morning. I am
also a resident of River Reach Association.
CHAIRMAN HENNING: Your name, sir?
MR. DAWSON: Gary Dawson.
CHAIRMAN HENNING: Thank you.
MR. DAWSON: I'm on the speed bump committee for the
single- family River Reach Association.
I'm kind of new to the area. I moved into this nice
neighborhood that was -- apparently I didn't check it out enough.
There is a tremendous amount of traffic, as Polk had mentioned,
because of the River Reach Apartments that houses approximately
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550 units at the end of the street.
Seven a.m. every morning, that's a launch pad down that street.
I've clocked cars visually exceeding 50 miles an hour. We did have
the fatality that was previously mentioned. It was a drag race. There
was one fatality, a couple others were injured.
We've tried a lot of things here; four, five years in the process of
approaching the county for approval of the speed bumps. At one
time we were told we were approved. Now we're told we're not
approved. We've had county representatives out there walking the
street indicating where these speed bumps should be installed.
It's not uncommon, as I said, to picture these cars going 50 miles
an hour. One time my wife was -- we were both coming home,
turning left into our driveway, a car passed us on the left when we
were turning into the drive, so -- and this kid, so we followed him
into the apartments to remind him it was a 25-mile-an-hour zone.
My wife proceeded to get the gesture of --
COMMISSIONER HALAS: Number one?
MR. DAWSON: -- what should I say, he just didn't approve of
the fact that we did follow him.
At one time I did sit out in the driveway with a motion picture
camera trying to capture some of the license plate numbers.
I was really surprised to see the attention I got. A lot of people
slowed down. I think they thought I was a sheriff standing there with
the gun.
On many occasions we have called the sheriffs department.
They have proceeded to come up with the little sign up at 11 a.m. in
the morning. Eleven a.m. in the morning no one's on that street at
all. The traffic is seven to eight in the morning and at five o'clock
when people are coming home.
Weekends it's dangerous to go get your mail. People who do
work Saturday mornings are in a hurry to get wherever they're going.
They're just speeding. And there's no way to slow these people
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down.
In addressing Mr. Peterson's slide, that was very impressive. I
did notice one thing. When people hear the word speed bump, I
believe they picture the speed bump in front ofWal-Mart that's about
this high, about that wide, and you literally have to stop your car to
get over it.
The speed bumps that Collier County is suggesting here are
what they call 25-mile-per-hour speed bumps. They go for a distance
of 22 feet. When you hit those, you don't have to actually stop. And
for an emergency vehicle to be impaired speed-wise to slow that
down, I don't think it would have that much impact.
Mr. Peterson mentioned also it takes 15 seconds loss of time to
encounter that speed bump. The 25-mile-per-hour speed bump that
Collier County referenced -- is recommending doesn't slow you
down that much. If you're going 30, you definitely feel the impact.
You have to go 25.
But in no way do you need to slow down to five, 10, 15 miles
per hour. It's a very safely designed speed bump. As far as I can see,
it would not damage a lot of the vehicles and impact that much time
loss for an EMS vehicle traveling down that street.
We've also attempted to call the sheriffs department. They have
put up a sign, as mentioned previously. On other times they put up
speed traps at the end of the street. Didn't see a lot of people
ticketing.
I would like to address also, on one occasion we detected six
sheriffs cars speeding down that street in excessive speeds of 70
miles an hour on the way to River Reach Drive Apartments.
So I think in summation here, that speed bumps are good. They
need to be recognized for what they can achieve, and the type of
speed bump is very critical here.
We can all work towards a happy medium here, and I think we
can all achieve what we're really looking for, Mr. Peterson,
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concerned residents in these communities that cannot fight a problem
on how to slow these people down. Thank you.
CHAIRMAN HENNING: Sir?
MR. DAWSON: Yes.
CHAIRMAN HENNING: I have a question before you leave.
You mentioned that you've seen some sheriffs car deputies speeding
through there. Did they have their emergency lights?
MR. DAWSON: Yes.
CHAIRMAN HENNING: Okay. Thank you.
MR. DAWSON: Yes. There were six cars. I really don't know
what the problem was at River Reach. The first one had a light, the
four or five remaining did not. It was very hard to actually hear them
or see them coming. But the first one you saw. Because of the
lights, it warns that you there was something happening behind it.
And, you know --
CHAIRMAN HENNING: Okay, thanks.
MR. DAWSON: -- they need to be addressed. Thank you.
CHAIRMAN HENNING: Questions, comments by the board?
Commissioner Coy Ie, Commissioner Fiala, Commissioner
Coletta.
COMMISSIONER COYLE: You know, the members of the
public have been trying to get these traffic problems solved for a
long, long time.
Now, the chief has raised some obj ections to the speed control
devices, and we can debate those for a very long time. There's not
even unanimous agreements among fire departments that they're bad
things. Some fire department do, in fact, support them, according to
the data that you've presented here today.
The bottom line in my mind is that the fire departments and
EMS work for the people, and the Board of County Commissioners
work for the people. If the people tell us they want traffic control
devices in their neighborhoods, I think it's our responsibility to
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provide it for them. And I think they're smart enough to know and
weigh the potential disadvantages of doing so.
And I would like to discourage the board from taking any action
that would forbid traffic control devices for neighborhoods when
residents ask them -- ask for them.
I do believe we should have some kind of standard method of
dealing with these as far as design is concerned, but I also recognize
there are some differences -- some different requirements from one
neighborhood to the other.
So bottom line, I would say, let's abide by our existing policy.
Whenever these neighborhoods tell us they want traffic control
devices, let's move to get them traffic control devices in a relatively
short period of time because that's what we really should be doing.
CHAIRMAN HENNING: Commissioner Fiala, then
Commissioner Coletta, then Commissioner Halas.
COMMISSIONER FIALA: Yes. You said so succinctly what I
was going to probably allude to. I wanted to -- I wanted to mention
that I live on Lakewood Boulevard, and we were probably one of the
first areas to have speed humps, and I noticed immediately the
difference. It didn't take me a few weeks. Immediately I noticed the
difference. The semis stopped, the dump trucks stopped, the traffic
slowed down.
We have a lot of people that pass on a double yellow line. That
almost was eliminated. And because we -- we're such a major
cut-through between U.S. 41 and Davis Boulevard, I found -- and we
have a neighborhood full of children. I found it to be a much needed
and accepted fix to our -- to the speeding problem.
Warran Street, the same thing. They just put two speed humps
on Warran Street that were specially made, I understand, with the
special like rubberized thing. And I got a call from the sheriffs
office and two other calls from neighborhoods that said it
immediately slowed it down.
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And these speed bumps are right there by a park, a ballpark and
children's playground. And the speeding there was just
uncontrollable. You have all of the kids from Naples Manor coming
to and from school and cutting though there, and that helped a lot.
Glades Boulevard, the same thing. You've got all the
government people coming in and out of the government complex,
and that's helped to slow that traffic down.
Forest Hills is just now begging for speed humps, again, because
of the schools, the kids that are racing to and from school. I don't
think so much the neighborhood as much as the kids going to and
from school from one community to another. And the kids have no
other way to get to Rattlesnake Hammock but through Forest Hills
Boulevard, and we've promised them that we would have speed
humps. So this is a real concern to me.
I like the idea that Mr. Home, I believe, said he would like to
design something special, and that's about what you said,
Commissioner Coy Ie, some kind of a speed hump that keeps the
neighborhood safe and yet accommodates the safe passage for
emergency vehicles.
And 1 agree with Mr. Home, wherever he is. I think we're smart
enough to be able to do that, but I don't think we should ever -- ever
stop the safety of our communities by eliminating speed humps.
Thank you.
CHAIRMAN HENNING: Commissions Coletta, then
Commissioner Halas.
COMMISSIONER COLETTA: Thank you.
I agree both with Commissioner Coyle and Commissioner Fiala.
The problem isn't really speed bumps. It's -- I think it's perception.
You have to have the right kind of speed bumps, they have to be
engineered in the correct way.
One of the things I found very disturbing was a suggestion
made, possibly if we built potholes in our roads, we might be able to
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solve the problem. And I'll tell you, if we do that, we need to name
them after people that come up with those kind of ideas.
No offense, but that was really a low blow. I can't believe
people would ever accept driving through potholes to slow down. It
works in my driveway, but my kids have grown up now, and I'm
thinking of filling them in.
In any case, potholes as far as being the solution, look at
Immokalee. They will not go down those streets because of the
potholes being so deep, and it does more damage to their vehicles,
I'm sure, than any speed bump could ever do.
We've got to remember that we have some really unique
situations out in Golden Gate Estates. Sixty-foot-wide roads built
back in the '60s, never meant to meet the standards of today. They're
barely wide enough for two vehicles to go down.
In some cases, these roads are being put together to be -- make
interconnectivity for one reason or another. And if we don't have
some ability to be able to control the speed on these things with
speed bumps, something similar to the thing -- what's on Warren
Street, I think we're falling short for what we need to do. We need to
look at this, we need to work with the sheriffs department, we need
to be able to make a determination on a case by case basis, and we
need to keep an open mind.
CHAIRMAN HENNING: Great.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I'm going to ask Norm
Feder, I'm sure there's some speed bumps that the Florida DOT
designed in regards to relationship to speeds -- and, for instance, a
25-mile-an-hour speed bump versus a 35-mile-an-hour speed bump.
It's probably designed not only for passenger cars, but also, I would
think, for pickup trucks or trucks with a little bit longer wheelbase so
that you don't incur high impact at the -- as you ramp up on the -- on
the speed bump. Maybe you can give us some --
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MR. FEDER: Yes. Commissioner, for the record, Norman
Feder, transportation administrator. There are humps and speed
tables, speed bumps, if you will, and there are different things that
we're looking at.
I think what you've heard here today and what I'm hearing from
this board is pretty clear direction of what we're trying to do as well.
Just to raise a couple of other issues, because like anything else,
we're dealing with a number of issues to balance items.
First of all, when I came about two and a half years ago, this
discussion was about the only thing I heard when I came on board,
and that was everybody wanted speed bumps, traffic calming, close
off, a/kla -- I won't even mention it -- roads and the like, and
basically what that was was an indication that the arterial system was
not functioning, and so traffic was trying to find its way through
neighborhoods.
So while we had a traffic calming program, our focus was
heavily on getting the arterials up to serve their purpose and using
that as a way to discourage some of that neighborhood (sic).
The other thing we tried to do is, as we're -- and continuing
trying to do as we design those arterial systems is to make sure they
don't encourage that encouragement (sic) in a neighborhood beyond
the level of traffic that a neighborhood street should be handling,
which is not just the people that live on that street, which is another
thing I learned when I came here, is transient traffic. If I don't live
on that street and I'm on it, I'm a transient traffic, and that's a new
term, after 30 years, I'd never heard of.
But the long and the short of it is what we did in responding to
Donna and Gail on Radio, as an example where the arterial can be
designed in a manner that it doesn't encourage that flow through the
neighborhood beyond a level that neighborhood streets should
address.
We need to balance that to that issue and to the fact we don't
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have a collector road system in this county in a way we've
developed. Your community character study came out with that
from the start, and it's something we're still trying to address, some of
the roadways.
Lakeland being an example, needs to serve as at least a minor
collector. It needs to serve beyond its status as just a local road.
So we're trying to balance those issues. Like, for instance, was
raised on Estey. Estey we've taken some measures already, and
we're in the process of working towards others. To that same vein,
the eastbound traffic has been pretty well precluded by the
modifications to the median, come up Brookside and enter into
Estey, and use that as a bypass; however, the westbound is not so
restricted right now.
One thing we were looking at initially in working towards,
before the speed hump or table or whatever issue came forward, was
the idea of setting up basically a large planter, if you will, for right
there at the intersection of Estey and Shadow lawn just to the west so
that traffic coming south on Airport turning to the west on Estey,
along with the skip bar, would be encouraged as they came forward,
basically high enough view that takes out that sight distance to the
roadway in front of them to take their turn onto Shadowlawn, put that
skip bar and encouraging that movement, and then try to address
what we can for traffic calming along that section of Shadowlawn
and Estey where we do have a little bit of sidewalk. There's still
some work to be done.
Barring that, the other option is some level of speed table, speed
humps, and we're talking to the community about that as well. But I
think we've addressed the eastbound flow, as I said. We're trying to
address the westbound flow.
But I will tell you that every place we put speed humps, tables,
we put ourselves in a situation where, generally, you move the traffic
to the next street. And we need to look at that balancing of what the
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function of that roadway needs to be.
When I hear most of the discussion, they are streets that are
self-contained. They're not cut-through streets. When I hear the
discussion I'm hearing about a thousand trips a day, which if you
figure 10 hours of basic movement a day -- and I realize there are
peaks here. I'm not saying -- but you're talking about a hundred
vehicles. That's over one and a half -- about one and a half vehicles a
minute, going by.
So I'm talking about standards that are exceedingly low,
expectations very high, but a concern that I share, and that is that we
protect children and everything in that area. So we have to have that
balance.
To that end, what we are doing, just to let you know, is taking
our traffic calming manual ordinance. There's a community group
that developed that, and they're involved in an update.
We're trying to look at balancing the issues of where we're
trying to have some level of minor collector, what can we do to make
that palatable to folks that live in that neighborhood. What are we
doing in streets that are totally local streets? How do we fund that?
Mostly that will be through an MSTU, since it's not a county-wide
tax issue.
And so we're trying to address those various issues, and we'll be
bringing that back to you fairly soon.
I've also put Diane Flagg -- she's gotten a few opportunities, and
she's shined, so she's getting that opportunity to get into this area as
well. And so working with her and working with you, we plan to
bring back to the community a direction on how we're going to
address traffic calming, and in that we hope to work with Chief
Peterson, with fire, with EMS, and find some solutions that work for
the full community.
And I'd defer to Diane to tell you where she is on that or
anything else she wants to add, unless you have some questions for
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me.
COMMISSIONER HALAS: I think you answered my question.
And what I was basically going to say is that we're going to work
with the EMS and fire department, because I think that we also have
a -- we have a responsibility there to make sure that these people can
respond there, but we also have a situation where we also have to
address the citizens' concern of speeding.
And I'm glad to hear that you say you're going to work with the
department, because we need to balance that out so that we don't ruin
their vehicles, plus they have good response time, and I think that's
the big thing.
We realize that we have some serious traffic issues here, and we
need to look at all aspects of the problem here. Thank you very
much.
MR. FEDER: I would add to that equation that we're going to
try and get the sheriffs office involved in this as well.
Again, what we find is throughout the county, we keep hearing
that everywhere people are speeding. And it's unlikely that you can
answer these items everywhere, so we do need to attend to the issue.
It is threefold, and we work through community traffic safety efforts
with EMS, with the law enforcement, and essentially it's education,
engineering, and enforcement, and we seem to be trying to put all the
eggs in the basket of engineering. And I tell you, education and
enforcement are two parts of that equation we also need to focus on
as well.
CHAIRMAN HENNING: Okay. I want to jump here and tell
you some of -- my experience. I've heard other commissioners
telling some of their -- things that's happening in their district, and I
appreciate it, and that's what they ought to be familiar with.
But -- I recently purchased a home on a street that has speed
bumps, and I love them because people don't slow down, and I've
picked up a lot of tools at the end of the speed bumps. In fact, there
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was a two-cycle tree trimmer that was laying there. I did not -- I did
not pick it up. I would imagine it's about $400. I thought that was a
little bit much. But when I see a wrench or a ratchet, I pick them up.
So my opinion, speed bumps don't work for all people.
COMMISSIONER HALAS: Be careful of those free gifts.
CHAIRMAN HENNING: That's not a gift. That's a find.
The -- and I can tell you, I've had constituents that want some
kind of traffic calming devices, and I always look at the situation on
those streets. One of them was a request by a former employee.
County manager and I went out there and looked at the
situation. I asked him to do the petition method, and that's what the
county requires. Well, he refuses to do that, so we tried to see what
the issue is. We, you know, did some signage out there. Well, that
still didn't take care of the problem. He still has that request out
there.
Well, just last week, I understand why he wants the traffic
calming on there, because he allows his kids to play in the cul-de-sac.
And I'm not sure if we should be building roads for the use of
playgrounds.
I have a real concern with the direction that we have here. The
charge of emergency management is health, safety, and welfare.
And ladies and gentlemen, that's our charge, too.
And I can understand the need for traffic calming, but what
we're seeing is -- and we haven't lowered that standard of health,
safety, and welfare, but how we respond to it. That's what we're
saying that we're lowering.
So some of the situations that our residents came up and stated,
River Reach and those apartments there, what gives them the right to
use that road? Is there other opportunities to get them onto North
Horseshoe, or is there any other avenues to get them out? Because
that is a real abuse, and these people have put up with this situation a
long time.
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And Estey Avenue, some of the problem is, why are we
allowing Greyhound buses -- because the bus terminal is on Davis
Boulevard, why are they using that? You know, why are we having
deliveries for businesses in -- at Oak Farms (sic) when they're right
on Davis Boulevard?
COMMISSIONER COYLE: They can avoid the intersection at
Davis and --
CHAIRMAN HENNING: Correct. The real solution is,
improve the intersection at Airport Road and Davis Boulevard.
People are going to take the least resistance to get to their
destination. And it's very true, and I think that's what the chief
wanted to bring across is, the solution is to build and improve our
intersections, put some more lighting and sidewalks in. I'm not sure
if that's a solution to slow down speed, but the real issue, and I think
the commissioners brought it up, is traffic enforcement, and I also
believe it is improving our arterial roadways.
But there has to be some kind of system that we do to bring the
emergency management into the mix for when we make decisions to
put in traffic calming, that they need to be aware and get their input.
And I'm not sure if there's -- the one traffic calming or -- the one on
18th Place Southwest, if that has been modified. It was part of your
backside of the presentation. If that's been modified so that
emergency vehicles can use that.
Chief Peterson, if you want to address that.
And I can tell you, Commissioners, we had a school bus that
was stuck in that modification because it was still under construction
and had to get a tow truck to get it out, and I'm not sure if that is the
proper thing that we should do. So, I mean --
MR. PETERSON: We tried -- you're right on target. And I
forgot to mention the school bus. That's part of the construction
activity that occurs in that time frame, that it's important. If you're
doing a change in construction, it needs to be done in a compact
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fashion and not -- in one case, paving wasn't scheduled to be done for
about three weeks until we really brought it to an issue and made a
point of it, and it still took about a week.
But as the end result, we lost the capability of going through one
intersection, which, the way the city is laid out there, you're talking
several miles you've got to go out of the way. But we could not
physically get through that intersection in a safe fashion for
everybody. So there's logistical, physical impacts that are occurring
in here.
And I would just share, too, that it is -- and I -- the pothole
remark, that it is a very serious item, and I didn't mean to make fun
of the situation.
But going back to what it's all about in the first place is, the
problem is people are speeding and the roads are not such that can
handle properly the capacity that's being used there. So it's a global
problem. It's a planning problem.
The people that come in, zero lot line things. And I know I've
made enemies today. But when you get right down to it, when you
compact so much in such a small spot, something has to give. And
from emergency management's side, that's what we're sharing with
you, that in the case of roadways and some of these intersection
improvements being -- median crossovers being eliminated and
forcing U-Turns to occur in intersections -- currently if you pull out
of the Perkins on Pine Ridge Road, and if you don't hurry up and
cross those three lanes because you want to go eastbound, you've got
to go up to Livingston, make a left on -- right on Livingston, go
down a quarter mile or so, half a mile, make aU-turn, come back,
and -- so those are just some of the --
CHAIRMAN HENNING: Yeah. And we need to work on that,
Chief, the Board of Commissioners, and maybe through a horizon
committee, that we can work those issues, but today is about speed
bumps or traffic calming.
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The question was, the enhancements that have been done on
18th Place.
MR. PETERSON: Still causing some problems.
CHAIRMAN HENNING: It is still causing some problems.
And I had the county manager out there, and I think we ne -- maybe
need to take another trip out there and see what needs to be done or
take a chain saw or something and fix the problem.
MR. MUDD: Oh, they narrowed it. They narrowed --
Commissioner, Jim Mudd, for the record.
They narrowed the islands down, and they changed some of the
curbing so that they could get through there. And the folks in one of
the MPO subcommittees were talking about putting some kind of a
hedge or whatever in the part that's left so that it isn't a place where
just -- people just toss litter as we saw it.
CHAIRMAN HENNING: Okay.
MR. MUDD: On the entrance to those particular cases.
CHAIRMAN HENNING: So let's continue --
MR. MUDD: We'll take a look at it.
CHAIRMAN HENNING: -- working on that issue, but that
answers my question.
The other thing that was raised is about speed -- or traffic
calming in gated communities, and why are we allowing that?
MR. MUDD: Commissioner, I -- that one place, that Brittany
Bay place, I think that -- you took me about two streets before he got
to my -- the street that I turn in to get to my house.
The -- there's two-speed bumps and -- small ones in my
particular development, and they got -- they were there when I
bought my home. They're still there today, and they're smaller ones,
they're not those gentle rolling things. It's a sharp, four inch bump
up, bump down.
And I don't know if it was because the developers' dump trucks
that were coming in to put fill in or build the houses was going too
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fast down the street, which is also shared by golf carts and people
crossing over to get from one hole to the other, but they put those in
there someplace down the middle.
I would -- I would mention to the board, I wouldn't -- I wouldn't
use public funds on private roads for speed bumps. That's the first
thing I'll tell you. And if a development decides to put a speed bump
in their community, then they need to coordinate that with the
emergency services, the fire chiefs, EMS, in that process.
Because there was another thing that disturbed me on the chiefs
slides, and it had to do with the bullet about liability and conceding
liability because you put a speed bump in. I would tell you,
Commissioner, I wouldn't go there. That is a -- that's a slippery slope.
For instance, one gentleman said, I'd wait 425 years if it was son
or daughter, but if it was your grandmother or grandfather that was
sitting there dying of a heart attack and they couldn't get the people
there because they went over 10 speed bumps and you lost that four
minutes that you needed for repair time, and when they did recover,
we had vegetables instead of grandmothers and grandfathers that you
could talk to in a coherent manner, I would tell you there's another
piece to that equation. So we have to be very careful.
I think the chief made some good suggestions about making sure
that his association, EMS, are in the traffic design process with our
transportation folks to make sure that when we do put them, we put
them in there smartly, and if there's a way to design them so that
when they do need to get to an emergency situation, they get there
without their rig bouncing all over the road.
I think we've got a challenge, and I think we'll probably come
up with a solution.
CHAIRMAN HENNING: Okay.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. With respect to that, it is
essential that we work together to develop those.
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But there are very, very well accepted design criteria used
nationally for these things, and I don't know why we're not doing it.
I can't imagine why we'd design a traffic circle or any other device in
a roadway that hasn't been engineered to accommodate emergency
vehicles. The design standards are so widely accepted and so
common that they should be known by everybody.
And I have some installed near my house. I know how they
work, and I've seen school buses and everything else get around
them. So it's not a -- it's a problem of us doing the right thing, I
think. We know what to do, but we just to do the right thing.
CHAIRMAN HENNING: Okay. And I think what I hear is--
correct me if I'm wrong -- is we recognize the need of residents that
there are (sic) speeding on streets, but we also recognize that what
we're doing is creating a problem, so we need some solution; is that
correct?
COMMISSIONER HALAS: That's why I think we gave the dir
-- when Norm Feder was up there, we basically said that as long as
the transportation department and the fire department or EMS work
together, I think we can come up with an adequate solution.
CHAIRMAN HENNING: Okay. Are we done with this item?
Did we discuss it enough, or we need to discuss it more?
Ladies --
MR. PETERSON: Thank you, Commissioners.
CHAIRMAN HENNING: Thank you, Chief, for being with us
here today.
It's a little bit after noon. My estimation, if we work hard, we
can finish up at two o'clock without a lunch break, but it's up to --
COMMISSIONER COYLE: Two o'clock in the morning.
CHAIRMAN HENNING: It's up to my comm -- fellow
commissioners. What--
COMMISSIONER COLETTA: Go to lunch.
CHAIRMAN HENNING: What's the --
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COMMISSIONER COYLE: Lunch.
COMMISSIONER HALAS: Lunch.
CHAIRMAN HENNING: Lunch, okay. So we've got a
40-minute lunch; be back at one o'clock?
COMMISSIONER COLETTA: Forty-five.
COMMISSIONER FIALA: Forty-five.
CHAIRMAN HENNING: All right. 1:05. Thank you for being
with us today.
COMMISSIONER HALAS: Thank you.
(A luncheon recess was taken.)
CHAIRMAN HENNING: Everybody take their seats. We'll
continue on the Board of Commissioners meeting.
Item #6A
PRESENTATION BY BOB KRASOWSKI REGARDING ZERO
WASTE STRATEGY/PLAN OUTLINE FOR THE HANDLING OF
We're on item 6(A), public petition request by Bob Krasowski
to discuss zero waste strategies, plan and outline from (sic) handling
Collier County's solid waste system.
MR. KRASOWSKI: Good afternoon, Commissioners.
COMMISSIONER FIALA: Good afternoon.
MR. KRASOWSKI: If I could have a second to set up, here.
It's all so complicated; I don't know if I can handle it.
CHAIRMAN HENNING: Would you like to -- for us to move
on the other item and come back? We could do that. Whatever will
accommodate you.
MR. KRASOWSKI: No, that's okay. No, but thank you very
much. I appreciate that.
Mr. Mudd's going to help me out here. That's pretty cool, huh.
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COMMISSIONER FIALA: Yeah.
CHAIRMAN HENNING: That's very helpful.
MR. KRASOWSKI: County manager helping me out, my
assistant. My assistant county manager, Jim Mudd.
COMMISSIONER COLETTA: I love it. Bob -- Bob's got a
sense of humor.
MR. MUDD: Okay, Bob.
MR. KRASOWSKI: Okay.
CHAIRMAN HENNING: You've got nine more minutes.
MR. KRASOWSKI: No, wait a minute. Come on. I'll start my
time so I know.
Good afternoon, Commissioners. My name is Bob Krasowski.
I mention that for the record, for the court reporter.
I'm a 22 -- 23-year resident of Collier County and presently
serve as the president of Zero Waste Collier County Group. That's a
small group of citizens who, over the years, since 1985, have taken
an interest in solid waste management issues, efficiency of --
resource material efficiencies and have involved ourselves in
strategies and plans as far as the county's effort.
Next slide, please, Mr. Mudd.
MR. MUDD: Yes, sir.
MR. KRASOWSKI: So I'll start from the beginning.
Briefly -- and this presentation goes for about 25, 30 minutes,
but I have 10 minutes in front of you, so I'll be going through it
pretty fast.
In 1976, the landfill moved to Golden Gate, and that was quite a
controversial event.
In '85, '86, Westinghouse proposed an incinerator, and that was,
once against, a controversial event. That never occurred, but that
proj ect was brought before the commission at that time by Dr.
Charles Stokes.
And we, as citizens, at that time gathered, and a number of
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groups were formed interested in the issue and then were able to
bring down Dr. Paul Connett. And luckily for us, Commissioner
Arnold Glass was elected, and he appointed a numbers crunchers
committee, which were a bunch of accountants and bankers. And
when they reviewed the comparison spreadsheet of continued
landfilling to incineration, they noticed there was some inaccuracies
in -- regarding the continued landfilling, and then they went, and that
was sort of like the nail in the coffin to that incinerator of the day.
In '95 we privatized the landfill, and -- to waste management.
In the year 2000 -- the 2000 election brought Commissioners
Henning and Commissioner Coletta and Fiala to the board. And
Commissioner Henning and Coletta had been aware of what had
been going on at the landfill and with incineration, so it kind of gave
us a new group of people that were knowledgeable.
2001, Earth Day -- Zero Waste Collier County Group, our group
formed, and in 2003, March 27th, we had a zero waste workshop
design charrette. We got $5,000 from the State Department of
Environmental Protection, and threw in some money on our credit
cards, and brought experts here to address what an alternative option
would be.
Okay. Thank you.
Let me start with, what is zero waste? Zero waste is a
philosophy and a design principle for the 21 st century. It includes
recycling but goes beyond recycling by taking a whole stream
approach to the vast flow of resources and waste through human
society.
Zero waste maximizes recycling, minimizes waste, reduces
consumption, and ensures that products are made to be reused,
repaired, or recycled back into nature or the marketplace.
Next slide, please.
The next slide goes on to explain more about zero waste, but in
terms of external strategies for waste reduction. Of those external
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strategies, one that we can apply locally as well is producer
responsibility, and that goes to say that any producer of a product
would carry responsibility for the end disposal of that product. It
would be built into the system. We see those now -- systems like
that being used now with computers and cell phones and things like
that.
Okay, next.
So that's what zero waste is. And what the zero waste workshop
design charrette -- we brought in experts and explained to them the
things we do now. Now we identify our waste stream by a vague --
by vague generator types. We have commercial, residential,
horticultural, C&D, and sludge. Sludge is pretty specific.
Next slide, please.
By doing so, we -- in those categories, commercial, we have
minimal recycling and maximum landfilling of that waste stream.
Residential, we have large garbage cans and small recycling
cans and little incentive in that system to divert waste from the
garbage into the recycling can.
Horticulture, what we do now is we allow people to use plastic
bags to put their lawn clippings and trimmings in, and also our food
waste is going to the landfill.
C&D, we divert to landfill and to the reef, which is a positive
thing.
And then sludge is going to a landfill. Now, although we have --
we're looking at other uses for it.
Now -- let's see. We're on more things. Great.
Next one, please.
With the zero waste principle, number one, the precautionary
principle is do no harm. If during the process of evaluating a
management option it is discovered that option creates a threat either
to health, safety, and welfare, that option is removed from
consideration.
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I say to you, pyrolysis is a threat to health, safety, and welfare,
and the zero waste option should be considered in comparison to
those lights, and we'll talk more about what I just said a little later.
Next, please.
Zero waste strategies. Perform a zero waste study that identifies
discards by commodity type, specific generator type, and seasonal
fluctuations. Develop a pay-as-you-throw program that changes and
-- charges a graduated rate for garbage disposal and nothing or very
little for recyclables.
Well, what that means is in the residential application, you
would -- you have the big garbage cans. Well, what you -- and the
little totes for recycling. You'd make the big garbage can for
recyclables and a smaller roll-out for your baseline of garbage, and
then you charge the general rate-free recyclables, which is -- the cost
is built into the program, and then the smaller garbage can would be
your 127, what people pay now a year. And then if they want a
larger garbage can, they have to pay more.
But this incentivizes (sic) them to get as much of that stuff out
of the waste stream and into the recycled bin.
And we -- okay. And then a breakdown, artificial barriers
between commercial and residential service. If small businesses and
malls -- not malls, strip malls, have small businesses that can use a
home size standard, we should go that route.
Divert food waste and food contaminated paper from the landfill
to compost. This reduces the odor problem at the landfill and
eliminates leachate, okay, which is a problem.
Require all generators to sort, separate, and then become
involved in the resource recovery park. Yeah, that -- okay, thank
you.
This is a zero waste resource recovery park. And what it is is
like a fancy transfer station. People in other locations -- it's applied
depending on the community you're in. Some places most of the
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people haul their garbage to the dump, and this provides them an
opportunity to segregate it after -- as they deliver it prior to the
dump.
And then in a community like ours, the application would be,
until we get things set up for commercial and maybe increased
residential, the garbage collectors now could go through the transfer
station, and the recyclables could be separated out, and the way this
model is set up, attention could be given to diverting the different
components of the waste stream.
And I'm so pressed for time, I'm not doing this justice. But it's
an issue, okay? And at the end of the presentation, I'm going to ask
that you put this issue on your regular agenda so we can discuss each
one of these components a little further and -- so we can -- so that
you can take action on -- one way or the other on this strategy. And
remember this is an option and alternative to what you've been
looking at now.
Next slide, zero waste commercial. Recycling programs -- and
we've proven this through studies -- helps by reducing garbage bills
to businesses. Businesses should be required to recycle a minimum
of 50 percent. The county sets the rates for recyclables. Businesses
require -- are required to submit a recycling plan, and there should be
a commercial recycling ordinance. Doesn't have to be mandatory, but
it has to set the structure for the whole program.
Next slide, please.
This shows construction and demolition of zero waste strategies.
The next one after that has horticulture and organic.
MR. MUDD: You're ahead of me just a little bit.
MR. KRASOWSKI: Okay, C&D. Anyone taping this at home
could slow down their video.
MR. MUDD: Yes, sir.
MR. KRASOWSKI: Okay. So horticulture and organics would
be next.
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Okay. And this is unique to zero waste strategy. It's to divert
organics from restaurants and the food stores and to send them to
composting.
Now, if I may, there's a couple pages left.
Okay. What should Collier do now? We should do a waste
characterization study done by an independent zero waste expert that
analyzes our waste stream according to the three -- three different
seasonal analyses. The two here would probably be adequate.
Sort by commodity type materials and location, analyze existing
data, do a MuRF analysis, prepare for the RFP that is going to go out
for collections in 2004, identify barriers to zero waste, develop zero
waste master plan while maintaining integrity of the zero waste
program.
The vision. The vision that we have for Collier County, zero
waste vision, is that Collier County become the zero waste model for
State of Florida by conducting a zero waste analysis of the county's
discarded material resources and by implementing zero waste
strategies, methods, and techniques to include a zero waste style
resource recovery park with a research and development center
affiliated with local university chamber, building industry, and
environmental organization, we can focus on waste reduction, reuse,
and sustainable environment design, always adhering to zero waste
principle, do no harm while diverting waste to resources.
Next is the group of people involved in the zero waste
workshop, design charrette, and --
CHAIRMAN HENNING: Bob--
MR. KRASOWSKI: -- I'll close.
CHAIRMAN HENNING: Where are we at? You going to
close?
MR. KRASOWSKI: Yeah, real soon.
Close with this document that I have as a result of my research
in the productivity committee. And in 1999, Kamp/Dresser/McGee
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did an analysis of landfill life, and it showed -- had different
scenarios, but actually went out to 36 years for the final scenario,
okay? This was up at the higher landfill, too.
But right now, since you guys have corrected the landfill odor
crisis, there is no landfill crisis in Collier County.
And we feel implementation of zero waste strategy and ideas
would -- could double the life of the landfill, which is identified as 12
years now.
Ifwe can, by 50 percent, increase the density, which is done in
other places, of the materials going to the landfill, then we have 36
years, okay, of the landfill at present height, just in cell one and two.
And these strategies show, you know, the entire landfill being used
up in that time.
I appreciate your interest, and I'm -- you know, it's not my fault,
but I had to kind of race through that stuff. There's a lot of material
in here. If you had a zero waste expert, which Commissioner
Henning, you were at presentations, Mr. Coletta was involved as
well, Mr. Mudd sat through it, they have a lot to say and a lot to
offer. I would appreciate --
CHAIRMAN HENNING: There was a lot of trash talk there, I
can tell you that.
MR. KRASOWSKI: Yeah, good trash talk there. And I'd
appreciate if you could put this on the agenda for the future so we
could get into it a little better, a little more. Thank you.
CHAIRMAN HENNING: Any questions, comments?
Commissioner Halas?
COMMISSIONER HALAS: Basically, aren't we basically
doing this now, or very close to the similar lines that we're -- that
we're doing presently out there at the landfill where we're getting
involved in recycling, we're asking the community to step forward
and get involved in the recycling process?
We have a transfer station now where we have a lots of these
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recyclables that come in. And I think we're also trying to push
efforts of educating people to increase recycling and -- so that we can
cut down on the size of their containers. I think we're on the same
wavelength here; am I right?
MR. KRASOWSKI: Yes, you're correct, Commissioner Halas.
But the -- what we're doing now and the way we do it is allowing for
150,000 ton a day residue, which is identified as the need for a
pyrolysis plant.
If we were to implement the zero waste strategies, we would cut
into that 150,000 dol -- 150,000 tons, which is comprised of the same
elements that the rest of the waste stream that we are handling is
made up.
So it's where the zero waste strategy, the efficiencies, the
refining of those applications, extends beyond what we're doing now
onto the material we're not capturing, eliminates, totally eliminates
the need for the pyrolysis facility, which if you ever decide to do,
commits the taxpayers to a 20- to 30-year project at a time when so
many new projects -- just the other day I read that there's a plasmic
bark pyrolysis facility that converts waste into oil at eight to 12
dollars a barrel, you know.
So I got a little off of you, but, yes, we're doing these things.
We've been involved with the county for over two years now, and we
believe much of what our -- in the course of our discussion, a lot of
things have been developed.
Anybody else have a question that needs a 20-minute answer?
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Not really a question. I want to
compliment you on your civic involvement and the fact you've been
at this for 20 years.
And I've heard it so many times now, and I mean, the message
is getting through. And that's true, you want to speak slowly when
you're talking to a commissioner and keep repeating it, and
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eventually they might understand what you're saying.
No, you're doing a wonderful job, Bob. A lot of changes have
taken place over the years. It's probably been because of your direct
involvement. And we're still moving through the process, but I'm
very glad that you're a part of it.
MR. KRASOWSKI: Thank you. I appreciate that. It would
really be satisfying to know we were successful in our efforts, which
means an open discussion on the issues.
I think we've made headway, but, you know, there's some things
-- and we'll talk a little more later on different issues on the agenda,
but we've got to get the message through here what's really going on.
Thanks, Commissioner Coletta.
CHAIRMAN HENNING: Any further questions, comments?
(No response.)
CHAIRMAN HENNING: There's -- so what I'm seeing is
there's no direction in -- change the direction that we have already
given the staff previously to change how we're going to handle solid
waste in the future. And, of course, there's no firm decision that has
been made at this time.
Okay. Thank you.
Item #6B
MR. GEORGES CHAMI REGARDING TOWN MARKET
MR. MUDD: Next speaker (sic), Mr. Commissioner, is item
6(B). It's a public petition request by Mr. Georges Chami to discuss
the Town Market request for independent investigation.
MR. CHAMI: On this one here?
CHAIRMAN HENNING: Yes, that's fine. Thank you.
MR. CHAMI: Thank you very much.
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Good afternoon. For the record, my name is Georges Chami,
and I am the president for J Peaceful Town Market in Naples.
Here, again, I am in front of you for the third time. I really
appreciate all the help you provided me for the last two times with
regard to the Town Market, all the issues we had at the time, with
regard to the signing, with regard to zoning, with regard to other
items, which the board was very helpful for me in getting me to open
at that time in last April.
I would like to apologize in advance for any arrogance that
could be perceived from my tone or words, but I want to assure you
it's not the case at all. I don't believe anyone can understand or has
the slightest idea about the pressure, the stress, especially the
financial pressure, the staff put me under for over a year and a half
right now.
From -- starting from January, 2002. The pressure staff put me
under, financially -- especially on the financially (sic), thinking about
where am I going. It is totally unacceptable, totally illogical to
understand for the simple reason that every single point the staff had
brought to the table, we proved them wrong, and I'm still here in
front of you a year and a half later asking your help to get me -- to
try to investigate, to see what the story -- why -- how come we are
here today instead of having regular -- regular system to take and
resolve the problem by itself.
In fact, you will hear from staff that all what they did is to
protect taxpayer, which is -- frankly, I believe it is not true at all.
There's nothing else but to protect their ego. Everything they did on
this file is just amazing, totally without any logic.
You heard from staff on March 12 last year how compassionate
they are for my case and about the conviction that I did nothing
wrong at the time.
Mr. Schmitt clearly said in response to Commissioner Carter
that he did not believe that I did anything wrong; nevertheless, five
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days later he went to the news press -- my apologies -- to the Naples
Daily News and told them that I was less than forthcoming in my
concept.
He shed big doubt on my credibility, on my work ethic, when in
fact, in front of you five days earlier he said that I haven't done
anything wrong.
Even two weeks later in front of you he said how he's
recognizing (sic) to try to help me. But unfortunately, the CO is
linked to additional impact fees payment.
Also we proved them wrong. I had to -- we prove very clearly
that the CO was not linked to additional impact fees, and we opened
without paying our impact fees at that time. But we were forced to
pay it later on.
And this is the same person who was making a presentation
from (sic) you as a knowledgeable person. The same person wrote to
me saying that he's refusing to take the discussion further since I
tailor -- I made custom drawing to every department in his -- in his
office -- in his division. This is a very -- a very high accusation
about saying that I did something wrong, I did fraud, and I proved to
him.
He said basically in his letter, which I have (sic) to you any time
you want, that no one in his division has copy of the drawing I
submit to the impact fees division coordinator.
I gave him four to five names in his division who has this
drawing that I haven't done anything wrong, that my engineer,
professional engineer swore that basically we met with the
coordinator, we showed him everything, and basically every -- at the
meeting, every employee, every staff member of the board had these
drawings.
And instead of admitting and saying, let's move on, he refused
and he said, the fight is closed.
Frankly, I have no respect, and I'm serious, I have no respect for
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staff who hide behind sacred duty of protecting the taxpayer when, in
fact, they're using it just only for smoke screen.
It is exactly the same person who, on February 5th, made a clear
blackmailing threat to me in front of four of his employees -- I'm
talking about Mr. Schmitt -- where he said clearly to me, that if I do
not accept the signage rule, ruling or revision of the ruling, that he
has no other choice than to open the impact fees file.
In fact, 15 days later, 15 days later after February 5th -- which,
by the way, I asked at least five times in writing and verbally to get
minutes of this meeting, he refused to give me this -- the minutes of
the February 5th, 2002.
On -- on -- two weeks later, the same day, exactly the same day
my attorney, which I hired in front of the county (sic), called the
county's attorney's office. The same day my CO was locked until
further impact fees payment, by coincidence. It's a very, very -- very
highly improbable coincidence.
It is the same staff who came in front of you and told you that
SDP has been approved by former staff, and we prove him wrong. It
was existing staff member (sic) who are still, right now, with the
county, who approved my SDP. It is the same person who told you
about how he's agonizing about the CO, and we proved him as well,
that he's wrong. He refused even to discuss this issue further.
I have right now the staff who is allowing themselves the liberty
to read and to interpret the impact fees ordinance the way they
wanted. It is extremely clear, crystal clear, the definition set by -- in
the impact fees ordinance, what is about mixed use development, and
what is about convenience store.
Nevertheless, I am convenience store, and I am mixed use
development in their mind. It is clear. There's no way to read other
way, and I'm still being perceived that way.
Finally I got, I guess, an assistant to the county attorney, Mr.
Tom Palmer, who reviewed, finally, the file, was out talking to me,
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May 13, 2003
without even requesting any document from me, without even
visiting the concept (sic), who came up with the same, same
conclusion as the staff. It's incredible coincidence.
I placed call to Mr. Palmer. He never even returned my call. I
believe I deserve at least to have the chance to be presenting to him
some evidence about why the county staff is wrong. I haven't had
the courtesy of a phone call, have a visit, or any kind of discussion
with them.
Right now we have the same staff -- by the way, who, last June,
he admitted in front of you, Mr. Commissioner Halas, that nowhere,
nowhere in the bylaws, in any code or ordinances, the Town Market
could be classified as a gas station convenience store, nowhere.
Nevertheless, same individual took the liberty and the chance to
put me, me and my family, on the street by reversing a decision taken
by a very competent staff. His staff, the one who took the decision
before putting me as multi use retail facility and as retail under
50,000 square feet. They are very competent people, very
competent.
One person decided was -- knowing nothing about Collier
County, with very little experience, who reversed the decision.
Nine years ago I came to Collier County, I came to Naples, and
I loved it. I really loved it. What I loved the most here was not the
landscaping, was not the great natural beauty of Naples. What I
really love is the people, the people who really cares (sic) about each
other, the people who are really concerned and the one who after --
this is the first place where I came here when we finished talking,
where they said God bless. I never had anything -- I haven't had
anywhere else. This is the place where people really are concerned
and really put God where it should belong to.
I believe we have a wonderful staff here at Collier County, I
really do believe. We have wonderful staff who always try to help
the taxpayer. What we have right now in Collier County, it doesn't
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May 13,2003
happen by itself. It happened by staff who really worked hard.
We have some -- some problems. I don't believe it was the
measure (sic) problem where it led Mr. Schmitt to say on March 4th,
the Naples Daily News, the pendulum has swung. We don't need to
swing the pendulum, I'm sorry. We don't need him to swing it. We
need him to keep it in balance. This is what the job of the staff is, to
keep it in balance.
Their duty is to act fairly and to make sure that everyone at the
county is treated as such. It is not their will who prime (sic). I'm
sorry. It is not the prime of staff. It is your will to prime, and justice
will prime.
And frankly, and probably the biggest mistake I did here in this
whole file, the biggest mistake -- I'm not regretting at all. But the
biggest mistake I did is not filing a major lawsuit against this
individual and against the county.
What these people understood from me is, he's weak, he's not
acting, he's not reacting, meanwhile, they're putting me on the street.
I don't know until today how I've survived a year operating. I
don't know. It's the help of God, nothing else. I don't know how I
was able to survive until today, to be in front of you today and still
the Town Market operate.
I have -- I will not disclose -- the numbers are frightening. And
the first -- all I can tell you, the first three months of operation when I
opened without having a pylon sign, was over $300,000 loss. Not--
and the day we put the pylon sign in, we had a major change in our
numbers. Nevertheless, I had weeks of delays being created by staff
before I opened, weeks, for requesting for refrigeration permit to
submit -- for six weeks, submit the sprinkler drawing of the building.
CHAIRMAN HENNING: Mr. Chami, I have to ask you to
wrap up, please.
MR. CHAMI: Thank you, very much.
I really respectfully request from you -- this my last -- my last
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recourse is to request from you to appoint independent investigator.
In the past -- few months ago we had a case where some staff
had some problems with the administrator, and Mr. Mudd, right
away, appointed independent investigator to see what's happening
with the administrator and the staff.
I have here presented over a thousand signatures, people who
really care about the Town Market, who really care about Collier
County, who really care about taxpayers not to get the same
treatment I got. Only God knows how many other people who have
the same way I was being treated.
I respectfully ask to have an independent investigator to be put
on this file, to see if I did anything wrong -- I haven't done anything
wrong -- to see who did something wrong here, and how can we
adjust the way to have definitely a very good place for everyone in
Collier County to do business but also to enjoy life.
CHAIRMAN HENNING: Any questions, comments from
commissioners?
(No response.)
CHAIRMAN HENNING: Mr. Weigel?
MR. WEIGEL: Well, I just want to say that I see in what's been
submitted in the agenda with the petition request of Mr. Chami, as
well as a review of an exemplar one page of the petitions, it's very
clear that he's made some very strong statements concerning Collier
County and -- with specific references to specific individuals
working for Collier County, both of the county manager's staff and of
the county legal staff.
Looking at the document, the petition request in our agenda,
using such words as misleading, blackmailing, extorting, destroying,
or conveniently misplacing documents, unjustly canceling a signage
permit, stalling, additional language, I'm concerned that these kinds
of allegations are made, but I want you to know and Mr. Chami to
know that I'm concerned that a person would make these allegations
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May 13,2003
in such a public context because they may give rise to individual,
personal, legal avenues to be taken as well as my advising the board
in regard to potential litigation from the board's standpoint.
It appears to me that what's been stated today and his
mentioning that it was major -- it's a mistake not filing a major
lawsuit against individuals and the county is, in fact, a statement that
puts me on notice to advise the board that we may be subj ect to
litigation or subj ect to -- subj ect to a recommendation of litigation to
the board from your county attorney.
But additionally, I think that the record certainly should reflect
that Mr. Chami has chosen to use the public petition process to come
to this board. He has not chosen, whether with counselor otherwise,
to utilize the procedures that are provided by law to look into, review
and determine and make determination of differences of fee
calculation. He hasn't come before with you an alternative fee
calculation process where you sit as adjudicators yourselves to make
that decision.
These are choices that he's made over a long stretch of time.
And so I think that it begs some credibility to claim that where he is
and why he is where he is now is truly due to the time and lack of
effort or lack of change of opinion from the county.
This has been reviewed not by one staff member, not by two
staff members, it's been reviewed and given the independence that it
can through the development services and county manager's staffing.
It's also been reviewed by not just one attorney or two attorneys or
three attorneys in the county attorney office, but several.
We provided him the independence of review that can be
afforded a citizen, a taxpayer, an entrepreneur, a risk-taker, and
there's really little more that can be offered from staff at this point.
And if there's any further investigation to be done, I don't think
it will be found here. Thank you.
CHAIRMAN HENNING: Any more discussion on this item?
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May 13,2003
(No response.)
CHAIRMAN HENNING: Seeing none, thank you, Mr. Chami.
MR. CHAMI: Can I answer this? One second. Please, can I
answer?
I'm ready to submit and to be able to show every proof that
everything I said is true. This is where the whole issue is, I can show
it.
Now, the other -- how many law -- how many lawyers, attorney,
in the county reviewed the file, as I mentioned, after asking so many
times, I had only one attorney who reviewed it, Mr. Tom Palmer,
who still have not returned my call and never called me, never once
through the whole thing, and I'm -- excuse me, I apologize, but the
definition is extremely clear. Reading the definition itself does not
need to have four attorney to tell you something different.
CHAIRMAN HENNING: I think we're done with this item, sir.
Thank you for being with us today.
MR. CHAMI: Thank you.
Item #7 A
RESOLUTION 2003-176 REGARDING PETITION V A-2002-AR-
3379, AQUATIC ARCHITECTS, INC., REPRESENTING KRIS
AND JODI ANDERSON, REQUESTING AN AFTER-THE-FACT
VARIANCE OF 1.8 FEET FROM THE MINIMUM REAR YARD
ACCESSORY STRUCTURE SETBACK OF 10 FEET TO 8.2 FEET
FOR A SCREENED ENCLOSURE ADDITION TO A SINGLE
FAMILY DWELLING FOR PROPERTY LOCATED AT 349
CHAIRMAN HENNING: Next item is 7(A). This item requires
MR. MUDD: Requires all participants be sworn in. This is the
variance 2002-AR-3379, Aquatic Architects, Inc., representing Kris
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May 13, 2003
and Jodi Anderson, requesting an after-the-fact variance 1.8 feet from
the minimum rear yard accessory structure setback of 10 feet to 8.2
feet for a screened enclosure addition to a single-family dwelling for
property located at 349 Wimbledon Lane and -- in the Berkshire
Lakes division -- subdivision.
CHAIRMAN HENNING: All wishing to participate in this
discussion today, would you raise your right hand. The court
reporter will swear you in.
(All speakers were duly sworn.)
CHAIRMAN HENNING: This item was continued because
there was no representation from the petitioner at the last meeting.
Any questions of the petitioner?
(No response.)
CHAIRMAN HENNING: Any questions of staff?
(N 0 response.)
CHAIRMAN HENNING: No, we don't. Any ex parte
communication by the Board of Commissioners?
COMMISSIONER HALAS: No.
CHAIRMAN HENNING: Close the public hearing and
entertain a motion.
MS. FILSON: Commissioner, I do have one speaker.
CHAIRMAN HENNING: You have a speaker?
MS. FILSON: Uh-huh.
CHAIRMAN HENNING: The speaker is?
MS. FILSON: Rick Cleveland.
CHAIRMAN HENNING: That's from Aquatic. Okay.
Nobody has any questions from (sic) the petitioner?
(No response.)
CHAIRMAN HENNING: Seeing none, you stand there. And
we're going to closing the public hearing and deliberate on this item.
MR. CLEVELAND: Good afternoon. I'd first like to apolog --
CHAIRMAN HENNING: Any questions?
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May 13,2003
(No response.)
CHAIRMAN HENNING: Seeing none, I entertain a motion.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Fiala to
approve. Is there a second? I'll second that.
Any discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saYIng aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Motion carries 3-0 -- 3-2,
Commissioner Coyle and Commissioner Halas descending (sic).
Thank you.
Item #8A
ORDINANCE 2003-23 REGARDING PETITION PUDZ-02-AR-
3095, MR. RICHARD D. YOV ANOVICH OF GOODLETTE,
COLEMAN AND JOHNSON, REPRESENTING MARIAN
GERACE AND WALLACE LEWIS, JR., REQUESTING A
REZONE FROM "A" RURAL AGRICULTURAL TO PUD,
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE
LIVINGSTON VILLAGE PUD ALLOWING FOR A MAXIMUM
590 RESIDENTIAL DWELLING UNITS FOR PROPERTY
LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (CR
881) AND WEST SIDE OF THE 1-75 RIGHT-OF-WAY-
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May 13,2003
Next item is --
MR. MUDD: This re -- this item requires that all participants be
sworn and ex parte disclosure provided by the commissioner
members.
It's petition PUDZ-02-AR-3095, Richard D. Y ovanovich of
Goodlette, Coleman, and Johnson, representing Marion Gerace and
Wallace Lewis, Jr., requesting a rezone from A rural agricultural to
PUD, planned unit development, to be known as the Livingston
Village PUD, allowing for a maximum 590 residential dwelling units
for property located on the east side of Livingston Road, which is
County Road 881, the west side of 1-75 right-of-way, and section 19,
township 49 south, range 26 east, Collier County Florida.
CHAIRMAN HENNING: And all wishing to participate in the
discussion today would rise and raise their right hand, get sworn in
by the court reporter.
(All speakers were duly sworn.)
CHAIRMAN HENNING: Thank you.
Starting with Commissioner Coletta, do you have any ex parte
communication on this --
COMMISSIONER COLETTA: Yes, I do. I had a meeting with
Mr. Y ovanovich on this subj ect matter.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I also spoke with Mr. Y ovanovich.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I also had a meeting with Mr.
Y ovanovich on this subj ect.
COMMISSIONER FIALA: And same with me.
CHAIRMAN HENNING: Okay. And I met with staff on this
item.
Mr. Y ovanovich, thanks for being with us today.
MR. YOV ANOVICH: Thanks for having me.
F or the record, Rich Y ovanovich, representing the petitioner in
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May 13,2003
this matter.
This is a petition to rezone approximately 149 acres, currently
agricultural property, to a residential PUD. It would allow for both
single- family and multi-family units.
I'd like to take you real briefly through the location of this. The
property is located -- this would be Pine Ridge Road, this is what will
be Livingston Road when it's completed. As a matter of fact, it is
completed in this section already.
CHAIRMAN HENNING: Wow, we're quick.
MR. YOV ANOVICH: You're very fast, very fast.
This is the property with the master plan set forth on the -- on an
aerial. To the north is the Balmoral PUD, which has been approved
for four units per acre. To the north over here, this is Whippoorwill
Lane for those who are interested in where Whippoorwill Lane is.
To the north is Whippoorwill Woods PUD. It is currently zoned for
six point, I think, three nine units per acre.
The activity center density band encompassed the Whippoorwill
Lakes property, and that's why that property was able to go over the
four units per acre as currently set forth in the comprehensive plan
amendment -- in the comprehensive plan.
What we're asking for is to rezone this property to PUD for 3.9
units per acre for a total of 590 units.
To our south is the Wyndemere development, a golf course
community. I wanted to point out a couple of things here. We have
-- where the county went through to construct Livingston Road, it
acquired a drainage area. At its widest point is around 400 feet, and
its most narrow point is about 150 feet, and then you get here, it's
another 60 feet right there. So there's a drainage easement between
our project and the Wyndemere property.
Our PUD master plan is set up to where the single-family homes
on our project are adjacent to single-family homes on Wyndemere.
We have provided an opportunity to do some multi-family
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May 13,2003
homes adjacent to the single-family villas in Wyndemere, but it's
separated by a golf hole as well as this drainage area.
We have --
COMMISSIONER FIALA: Excuse me, Rich.
MR. YOVANOVICH: Yes, ma'am.
COMMISSIONER FIALA: Could you show me where
Nighthawk Drive is on there as well? It mentioned it a few times.
MR. YOV ANOVICH: That's a -- that's a trick question. I think
this is Nighthawk right here, okay? Whippoorwill comes down past
-- I believe that's Nighthawk. I could be wrong. It's either going to
be this street or it's going to be this street is Nighthawk. I don't know
for sure, Commissioner, but it's -- it's one of these two.
The property -- we have most recently met with the residents of
Wyndemere, and they had expressed a concern about our
multi-family height. They wanted to make that in our 40-foot -- 45
feet that are allowed -- that is allowed under the PUD, that we were
not intending to put four-story buildings. So we have -- and I have a
handout -- agreed to add a footnote to development table to make
sure that in the 45 feet of height, there cannot be more than three
habitable floors, and that was always the intent. We just wanted to
make sure that clarified an issue raised by some of the residents of
W yndemere, so --
CHAIRMAN HENNING: Is that over parking?
MR. YOV ANOVICH: Three -- it could be three habitable
floors over one of parking within that 45 feet.
COMMISSIONER HALAS: That's four stories.
MR. YOV ANOVICH: That is correct, but it can only be three
habitable -- their concern was four residential floors over one of
parking, which in reality is five stories, as was -- as was explained to
me. So we want to make -- we wanted to make it clear that it's just
three habitable floors within that -- within that 45 feet.
We have worked with your transportation staff in addressing
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future Collier County needs, specifically Green Boulevard and the
potential of an east/west connector of Whippoorwill Lane, which
would be a subset of the Green Boulevard right-of-way.
So what our PUD document does, it reserves -- I'm moving east
to west -- from 1-75 to the section line, which is Whippoorwill Lane
if it got extended. We are reserving in the PUD document 100 feet
for the future extension of Green Boulevard. Moving further east, it
narrows down to 75 feet.
This is at the request of county staff. They're going through their
PD&E study for whether or not to have Green Boulevard go in that
corridor.
We have reserved it for the county during their study period,
which will end in January of2005. If the right-of-way is needed, the
county will then acquire the right-of-way. If the county -- if the
right-of-way is not needed, it would then be released to us and we
could go ahead and incorporate it into our development.
We also, what came up at the Planning Commission was the
question of, what if we don't want to build all Green Boulevard but
we just want to build an extension of Whippoorwill Lane in the
east/west way, would be it okay to also just take that portion, and we
agreed to that with the Planning Commission, we agreed with your
county staff that that would be subj ect to the same study period, and
we also agreed that for the portion, if Whippoorwill Lane or Green
Boulevard, either one of the two was built, the portion that we would
have had to build anyway -- because we have an access point, as you
can see on the master plan right here -- that right-of-way would be
donated in the true sense of the word to the county. The right-of-way
would be donated to the county for the portion we would need to use
anyway.
And your staff is in support with that. We would donate that
quarter of a mile of right-of-way, and if it were necessary, needed by
the county to do Green Boulevard, anything east of the entrance
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May 13,2003
would be reimbursed through impact fee credits.
Commissioner Coletta, you had --
COMMISSIONER COLETTA: Richard, I'm just listening to
what you're saying. And, you know, we're in a different ballgame
now as far as our -- what's happening in Collier County and trying to
get ahead of the infrastructure needs, and I'm always concerned about
the public good. Would your client ever consider just donating
whatever we need without impact credits?
MR. YOV ANOVICH: Well, the iss -- that's 10 and a half acres
in total, what it would be to do that donation. This property has gone
through -- it's been sliced and diced, if you will. It lost -- it lost
acreage to 1-75.
CHAIRMAN HENNING: They were paid for it, right?
MR. YOV ANOVICH: Excuse me?
CHAIRMAN HENNING: Were they compensated for it?
MR. YOVANOVICH: Yes.
CHAIRMAN HENNING: Okay.
COMMISSIONER HALAS: Well, then.
MR. YOV ANOVICH: Right. But it's been sliced and diced.
COMMISSIONER HALAS: It wasn't stolen from you.
MR. YOV ANOVICH: I didn't mean to imply that it was.
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: Livingston Road as well. But the reality
is, this is a roadway that -- it's not a site-related request. This Green
Boulevard is a request for all of Collier County, and it benefits all of
Collier County.
We pay significant impact fees to pay for our impact, for road
impacts. We believe it would not be and it is not appropriate or fair
to my client to give up all 10 and a half acres because he's not the
cause of that roadway.
COMMISSIONER COLETTA: But ifhe didn't build there, we
might not need that roadway.
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May 13, 2003
MR. YOV ANOVICH: And he will take care of that through his
payment of impact fees, because the impact fees cover the impact of
this proj ect on the transportation network.
What we tried to do in working with your staff is, is to
recognize that we need to work together and, therefore -- frankly, we
don't need 75 feet to build our driveway. We can do that in probably
half of that. We've agreed to donate the full 75 for our driveway
even though we don't need the full 75 feet to build an access road to
our property. So we are, in effect, giving more than we normally
would give in the donation process.
We also -- originally our intent -- and there was a change to plan
when Livingston Road was done. This preserve area -- our
entranceway was originally going to be on Livingston Road. With
the preserve area needed for the construction of Livingston Road, we
lost the ability to have a major access point there. We're now just
doing right-in, right-out. You know, we had to find another access
point. We wouldn't even need to do the driveway but for the
Livingston Road acquisition.
So that's how we came into that play, and we're willing to give
above and beyond the necessary right-of-way for our driveway
towards meeting the county's needs.
COMMISSIONER COLETTA: But -- I'm sorry, may I?
CHAIRMAN HENNING: Oh, please.
COMMISSIONER COLETTA: Thank you.
You haven't been vested in this proj ect. This is something that
the commission is going to grant to you because they think it's going
to serve some purpose, right?
In other words, all these accesses, losing, whatever, you've lost
nothing because you haven't had anything yet.
What I'm getting at is -- and I know this is very upsetting, but I
think we're going to have to start getting to that point in time where
we're looking at roads that are going to benefit the direct
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May 13,2003
development right there where they go by that part. They should
donate the land, and in a lot of cases, they should build the road.
What's the public good in having another 500 some houses -- how
many units was it?
COMMISSIONER HALAS: Five ninety.
COMMISSIONER FIALA: Five ninety.
COMMISSIONER COLETTA: Five ninety--
COMMISSIONER HALAS: Almost 600.
COMMISSIONER COLETTA: -- units built that's going to still
cost us money to build more roads even though we get the impact
fees. I mean, there's still not a cause and effect. You're going to
have to use those impact fees to improve the other main
thoroughfares that are through there. That's my thoughts on it, and
you pick up from there and carry it forward.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Okay. Yes, I had a few thoughts.
Mine center around transportation as well.
Other than here, the staff recommendations on page 13, they
give a few recommendations that the petitioner had not complied
with. Has that changed?
MR. YOV ANOVICH: No. We have -- we have complied with
all of the staff stipulations. We've worked all them out with Mr. Scott
and his staff.
COMMISSIONER FIALA: Okay, good. That was an
important thing to me.
MR. YOV ANOVICH: Right.
COMMISSIONER FIALA: Also, interconnectivity, I think, is
terribly important as we're trying to stress. And then you talk about
how you're going to have Nighthawk Drive accommodating some of
the traffic for Whippoorwill Lakes and Whippoorwill Pines, except
that it's still just a dirt road.
Can you show me -- because I'm sure -- I'm worried about the
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egress and ingress on that property.
MR. YOV ANOVICH: Commissioner, if I may, Whippoor--
this is a little confusing because Whippoorwill Lane does not extend
down to our property. Whippoorwill Lane stops at the entrance to
the Whippoorwill Woods property. It stops about here.
There's a flow way in this area which will make it rather
difficult and very expensive to permit the actual extension of
Whippoorwill Lane south of the entrance to Whippoorwill Woods
and then east/west. So Nighthawk is up here. Our project has
nothing to do with actual traffic on Whippoorwill Lane.
COMMISSIONER FIALA: Then why did it keep referring to
it?
MR. YOV ANOVICH: Commissioner, I think at one point, way
back when, there was -- there was discussion, probably three, four
years ago now, about having Whippoorwill -- all of these PUDs came
in basically about same time. There was a concern, how do we deal
with this on a global issue? We want to make sure there's adequate
utilities, adequate roads, adequate drainage. That's where the
Whippoorwill Lane master plan or the Whippoorwill master plan
came about.
And Mr. Mudd and I spent probably two years trying to bring
that thing to fruition, and we finally did. And what that involved is
that all of these property owners entering into an agreement to
constrict Whippoorwill Lane upsize the utilities and deal with the
drainage on a global scenario.
It ended at this point. That's where the master plan really came
into play. There was at one time discussion about, as I said, bringing
Whippoorwill Lane -- Whippoorwill down here, and then having an
east/west connector. That, over a period of time, left the equation
and was no longer being pursued by the county to do that. It became
a roadway from here north, and that's when the concept changed.
Originally there was going to be impact fee credits given for the
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actual construction and donation of some of the right-of-way from
here to here. Staff said, we're no longer pursuing the east/west,
therefore, there's really no public benefit in giving any impact fee
credits for building just a north/south connector.
COMMISSIONER FIALA: Okay.
MR. YOV ANOVICH: So that -- that's where that -- I don't
know why it's part of this process, but it's in your agenda package but
really not related to the proj ect.
COMMISSIONER FIALA: Okay, fine.
Then they also talk about turn lanes, and they said that the turn
lanes would be provided to handle peak hourly volume of 20 vehicles
or more, and I'm thinking, 20 vehicles -- you know, if you've got 590
dwelling units, 20 vehicles isn't very much. Maybe I don't
understand it properly, but it's on page 57, it's on paragraphs two and
three.
And I just wanted to make sure that -- because we've had so
many intersection problems that we've been discussing recently, I
wanted to make sure that these intersections are -- are there to
accommodate the traffic that it's going -- that is going to be
generated. And then, of course, I'm going to go back to
interconnectivity.
MR. YOV ANOVICH: I'm sure Mr. Scott will assure you that
when we actually get to the next level of the development that
adequate turn lanes are going to have to be built to accommodate the
impact of our proj ect on your transportation network.
COMMISSIONER FIALA: Built--
MR. YOV ANOVICH: As past our development, on our
property .
COMMISSIONER FIALA: Not after the fact?
MR. YOV ANOVICH: No, no, no, early on.
COMMISSIONER FIALA: Okay.
So back to interconnectivity. You had said in here, although
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they said that the county is encouraging interconnectivity, in your
statements it said that you didn't think interconnectivity would be
possible.
MR. YOV ANOVICH: There's really nothing to connect.
Wyndemere's development --
COMMISSIONER FIALA: No way to get out of there other
than that?
MR. YOV ANOVICH: Correct. Let me point out one other
thing.
Right now, you know, this is developed. This is all Wyndemere
and it's developed.
North you have a canal, an existing canal, so we can't really
connect to our neighbors, so there's no possibility to connect north or
south, and that's why I think your staff agreed that interconnectivity
really was not an option for this PUD. Not something we opposed,
it's just not an option.
CHAIRMAN HENNING: Before I go to Commissioner Coyle,
I have a couple questions.
The county acquired some property for storm water runoff of
Livingston on this piece of property?
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN HENNING: Okay. Is that part of your acreage
that you're including into this PUD?
MR. YOVANOVICH: Yes, sir.
COMMISSIONER HALAS: For density?
CHAIRMAN HENNING: For the density?
MR. YOV ANOVICH: That was part of the settlement by the
eminent domain matter, that the acreage would remain in for density
calculations as part of the settlement of what was paid, which
reduced the price for what you paid on eminent domain, because you
retained some value in the units.
CHAIRMAN HENNING: What was that value; do you
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remember?
MR. YOV ANOVICH: I couldn't -- I didn't handle the eminent
lawsuit. I kind of wish I had, but I didn't.
CHAIRMAN HENNING: So we did go to court and settled
that?
MR. YOV ANOVICH: You settled that, yes; yes, sir.
CHAIRMAN HENNING: We just settled it; it wasn't a --
MR. YOV ANOVICH: Well, you -- I'm sure you filed your
eminent domain case, but you didn't go to a trial.
CHAIRMAN HENNING: Okay. So how many units is that?
MR. YOV ANOVICH: If you'll give me a minute, I'll figure out
how many acres that was.
CHAIRMAN HENNING: You don't have to answer that right
away.
Commissioner Coyle?
COMMISSIONER COYLE: I think there are a couple of things
that are very important, and they've been touched upon by the other
members of the board. I think we need to nail down a couple of
things.
One is the potential extension of Green Boulevard. We need to
get some very clear assurances that we have an appropriate amount
of right-of-way dedicated for that extension all the way out to
Livingston Road.
Now, does the staff have any concerns about the current PUD
document and the -- set aside for right-of-way?
MR. SCOTT: That's why we're asking for -- Don Scott,
transportation planning.
That's why we're asking for 75 feet on the western portion and
100 feet on the eastern portion. One property owner to the north of
the eastern portion we have not dealt with yet.
We do have some right-of-way that's set aside from Balmoral
for the western portion of that, which is 50 feet, which makes 125
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feet for the eastern section and 100, plus whatever we get on the
other side. We needed more at the interstate because an overpass is
going to take more right-of-way.
COMMISSIONER COYLE: But now you've got a drainage
canal running down there. You are planning on property -- or
right-of-way on either side of that drainage canal, I presume. You're
not planning on filling in that drainage canal, are you?
MR. SCOTT: It was going to be, as in the previous Balmoral,
the way that was set up, that was going to be piped in for that section.
That's part of the 50 feet.
COMMISSIONER COYLE: Is there an alternative? I mean,
that's going to be fairly expensive, isn't it?
MR. SCOTT: Yes, it is.
COMMISSIONER COYLE: Why can't we get enough
right-of-way on either side of that canal to satisfy our needs?
MR. SCOTT: This -- some of the circumstances that happened
with the previous property owner coming in and interconnection of
utilities, that's -- it's the way that worked out. That's why I was trying
to get more than -- you know, they looked at it and said, well, they're
only giving 50, that's why we're trying to get some more right-of-way
to the south.
COMMISSIONER COYLE: But if they gave 50 on their side,
can we not get 50 on the north side of the canal?
MR. MUDD: He's talking -- Commissioner, he's talking about
Balmoral.
COMMISSIONER HALAS: Yeah.
COMMISSIONER COYLE: And that's in the southeastern
portion.
MR. MUDD: Balmoral's right here.
COMMISSIONER COYLE: Oh, okay.
MR. MUDD: Okay. So that's north of his property, so he's
basically talking about 50-foot easement over here with Balmoral
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with about a 72-inch pipe, if I remember correctly, where the
drainage thing would be piped in, and he's talking about 100 feet
down here on Livingston until you get to that particular road, and
then -- or all the way down to here.
MR. SCOTT: That's 75 feet to the midpoint and 100 feet to
interstate.
COMMISSIONER COYLE: Okay. I'm concerned that we're
not going to be piping in the entire length of that road; is that true?
MR. SCOTT: It would be between the midpoint and
Livingston.
COMMISSIONER COYLE: Okay. Only?
MR. SCOTT: Yeah.
COMMISSIONER COYLE: So the eastern half of that property
would not have to be piped in. We have right-of-way on both sides
of that drainage ditch that we can use; is that correct or not?
MR. SCOTT: Well, we haven't -- and I haven't -- we haven't
really dealt with the property owner that's on that side. Yeah, what
he's pointing to right there. So that hasn't really been addressed at
this point.
COMMISSIONER COYLE: Okay.
MR. MUDD: But Mr. Yovanovich, I think, represents that
property owner, so you might want to ask him that question.
COMMISSIONER COYLE: Then it's all solved. We've got--
we've got plenty of right-of-way on both sides of that drainage ditch
then.
So now, let's move on to the other thing, and I -- and please
forgive me. I'm going to digress for just a minute from this particular
PUD. But there's an issue that needs to be acted upon by this board, I
believe, and that's the Whippoorwill Lane situation.
Whippoorwill Lane and its completion, I think, is important.
And I understand it's being held up because one of the property
owners there is reluctant or slow to turn loose the right-of-way that
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they're obligated to turn loose. And I think -- I think we as a board
need to deal with that pretty quickly so that -- are you following me
here?
MR.OCHS: It's a related group issue.
COMMISSIONER COYLE: Okay. So what are we going to do
about that particular situation? I know it doesn't -- it should not be
connected with this particular petition. I just -- I need to make sure
that we are willing to take some action though to get that one done,
because the overriding concern is that Livingston Road not turn into
a road with lots of entrances and exits. We've got to keep that road
fairly -- smoothly flowing. And I think we need to give a lot of
thought to creating the kind of grid here that we need to create in
order to prevent that from happening.
So my question to staff is, what -- what can we do to get the
Whippoorwill Lane thing moving ahead now?
MR. YOV ANOVICH: Where we are on that is we have
acquired, have in our possession, deeds from every property owner
along Whippoorwill Lane except for one, and that is for the
Whippoorwill Lakes PUD. That property owner had an obligation
under its PUD to convey to the county 40 feet of right-of-way.
They have assured me that their client has signed the deed and
that -- you know, I've heard already from their bank that they've
signed the necessary subordination. I just haven't seen it, because
that was of the things I've worked -- we're working with Mr. Feder, is
to make sure we got right-of-way from everybody, and that's the one
piece I'm missing. I'm just a property owner. I don't have any
control.
COMMISSIONER COYLE: Would the board be willing to
direct the staff to withhold any more COs for that particular property
until they get us the deed for that right-of-way?
CHAIRMAN HENNING: Are they under construction?
COMMISSIONER COYLE: Yes.
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CHAIRMAN HENNING: Oh, they are?
COMMISSIONER COYLE: Yes.
COMMISSIONER HALAS: Are we talking about the
right-of-way up there, or are we talking about the right-of-way, that
section right there that's still pend --
COMMISSIONER COYLE: It's further -- further north than
that, but it affects --
COMMISSIONER HALAS: The south, too.
COMMISSIONER COYLE: But it's affecting that entire area,
yeah.
COMMISSIONER HALAS: And we've got a flowway or
something there where -- yes, down in that area, where that should be
extended all the way down so we have a -- a nor -- or south --
east/west corridor along with the north/south corridor.
COMMISSIONER COYLE: That would be ideal.
COMMISSIONER HALAS: What's the possibility of having
that interconnected, so we've got a total north/south and east/west?
COMMISSIONER COYLE: If I could just make one remark
concerning that. Because of the situation, that is the physical
situation of the developments, it probably isn't critical, if it's really
expensive, to cover up that particular flowway, because most of that
traffic that's there can go out north on that anyway.
If Whippoorwill Lane is created that far south, then it can serve
every development in that vicinity without being extended. The only
advantage to extending it is that Mr. Y ovanovich's PUD could also
use it as an alternate.
COMMISSIONER HALAS: Exactly.
COMMISSIONER COYLE: Okay? Which is a good thing, I
think.
COMMISSIONER FIALA: Yes.
COMMISSIONER COYLE: But we have to take into
consideration the cost of bridging over or filling in a flowway, and I
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don't know what that cost is.
CHAIRMAN HENNING: Mr. Feder, please. Commissioner --
Mr. Halas has a question along with piggybacking on Commissioner
Coyle's comment.
MR. FEDER: Yes. If I could, I want to take you down a little
bit of discussion we had in the past. Whippoorwill Lane north/south
with an east/west possible connection was asked to be put onto our
needs plan at the very end to try and address the development in this
area.
The project was put into our needs plan, put onto the work
program about the time I came on board, and we committed as a
county a million dollars, as was noted, to buy the right-of-way
outside of the PUDs along this section.
The individual groups in this area could not come to agreement.
We tied up that million dollars for about a year and a half, almost
two years. And there was a lot of question as to what is the value to
the community, to the taxpayer, when you're building two lanes of
which nearly a hundred percent of its capacity will be taken up by
those individual developments.
With that in mind, this board took the action at my request to
pull out of the issue on Whippoorwill, to pull out of that million
dollars to allow the development community itself as it wants to
progress to develop a roadway, and like any other development, if it
builds it to county standards, to then give that over to the county at
end of construction.
As they've gone through to do that -- and Mr. Y ovanovich has
done a good battle. I worked with him for a year and a half when we
were trying to get everybody else together when it was under the
other scheme, but he's very close.
And I think your issue is very appropriate that related to his
holding this. But I understand, according to Mr. Y ovanovich, that
the last of the issue is on its way to us. Then, again, we always know
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what happens when it's in the mail.
So you do have an issue there, and I'll leave that to the board's
discretion. But I'd ask you to do it within the context that this is not a
county proj ect. It is a private development proj ect.
Where we are assisting though is if they acquire all the
right-of-way -- and that was the direction, again, from this board --
that, in fact, then they will get a right-of-way permit from the county
once they transfer all that right-of-way, all of it, over to the county.
And they do have a permit from Water Management District in
the county's name to build the roadway. And again, if they build it to
county standards, then we'll accept it for county use.
But, again, what they're building, the two lanes, will basically
service the needs of the development that's within that area.
COMMISSIONER COYLE: Okay. I -- just two quick
comments. One, I think just on principle, we need to communicate
our desire to that developer that that --
COMMISSIONER HALAS: Exactly.
COMMISSIONER COYLE: -- property be turned over now.
MR. FEDER: Do not disagree, Commissioner.
COMMISSIONER COYLE: Okay? Not in the mail,
hand-carried in here if they have to, okay?
And the second thing, I'm not convinced a two-lane road is
going to be sufficient there to accommodate all the development that
is planned.
MR. FEDER: I am not totally either. What we told them, if
they built to the controlling factor, what will be the intersection of
Pine Ridge, and we will monitor that. And it looked like, by at least
the information they were giving us and the development intended,
that two lanes could handle. I told them the controlling factor will be
the intersection of Pine Ridge, however.
CHAIRMAN HENNING: Okay. Commissioner Halas had--
Mr. Feder?
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COMMISSIONER HALAS: I--
CHAIRMAN HENNING: Commissioner Halas had a question
on the possibility of bringing Whippoorwill over to the north --
MR. FEDER: Again, what was raised with the Planning
Commission while looking at Green Boulevard, this extension over
the interstate, and what you've already discussed what we're trying to
do to get reservation of that land for future Green extension.
Weare not precluding the idea in the future that you might have
Whippoorwill connect in, and I believe that was a Planning
Commission concern in interconnectivity. I will tell you though that
we have some reservation, and I share Commissioner Coyle's
reservation on two lanes just for the development. Then if we
established it as an interconnected road, I want to make sure it will
function well rather than create more problems, rather than assist as a
bypass.
COMMISSIONER HALAS: I have -- one other question I had
is, the petitioner said that your staff was going to study this. And at a
period of time if you felt that we weren't going to need that road
immediately, that that land would revert back to the petitioner so that
he could develop it.
My concern is, maybe we ought to keep the timeline on that
longer than is anticipated at the present time. And I think the
petitioner said the year 2005, if the county did not want to utilize that
right-of-way by that point in time, then it reverted back to you. I
think that we as the county should hang on to that at least maybe till
2010 to make sure that we're adequate -- that we have adequate
right-of-way just in case we need to -- if our plans change, because
we really don't know what the buildout is going to be in that area.
MR. FEDER: Commissioner, I agree. What I will tell you is in
our discussions with the applicant was the concern that if you're
requiring the reservation of right-of-way without paying for it, what's
a reasonable time frame. I would rather have it 2010, because I know
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I'll know more than I'll know in 2005.
But in 2005, we do have a study to look at alignments and
options, and so I would like to see that extended, but that's an issue,
the applicant has some real concerns on that. And they do have an
issue when we go to reserve right-of-way, we need to give them
some feel if we're not going to pay for it up front. And we don't want
to pay for it until we know that, in fact, we need it and there's some
prospects for moving forward, so that's the balancing act. And I'll
defer to the board as to how you proceed on that.
COMMISSIONER HALAS: Well, my concern is the fact that
we ran into an issue here not too long ago where we were trying to
look for -- or run a road down a right-of-way. And, of course, we ran
into a lot of opposition, and it's because there was no forethought put
in regards to, when we're building, to make sure that we're going to
have adequate right-of-way to put a road through there to where we
end up with the whole community up in arms.
So that's where I'm coming from, to make sure that whoever sits
on this dais in the years to come, that the right-of-way -- or there's
provisions that are in place so that we can address these issues.
MR. FEDER: I agree, Commissioner. That's what we're trying
to do with the reservation here. I would be much more comfortable
with 2010. But I'll defer to the applicant on that issue.
CHAIRMAN HENNING: Before I go over to Commissioner
Coy Ie, what is the legal access of this piece of property?
MR. FEDER: It is right-in, right-out off of Livingston, and then
the main access would be off of this roadway, which would be future
Green Boulevard at least a quarter mile east of --
CHAIRMAN HENNING: Okay.
MR. FEDER: And that's what they have proposed, a quarter
mile east of Livingston Road.
CHAIRMAN HENNING: My concern is Livingston Road is a
limited access.
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MR. FEDER: Yes.
CHAIRMAN HENNING: Having more curb cuts without
having a benefit to the community, I'm very hesitant on taking action
today, so that's my concern.
And I'll hand it over to Commissioner Coyle.
COMMISSIONER COYLE: I've got two questions, but first I'd
like to hear, Rich, what your response is to Commissioner Halas's
concern about the two years or so.
MR. YOV ANOVICH: Well, there's two -- there's two concerns.
First of all, the date is consistent with your staffs scheduled review
and doing of its PD&E study.
COMMISSIONER COYLE: But you can never depend upon
that.
MR. YOV ANOVICH: What's that?
COMMISSIONER COYLE: You can never depend upon that.
MR. YOV ANOVICH: Sure, you can. Sure, you can. It's
within -- your staff said, we're doing -- we're studying the issue right
now. We're going to know whether we're going to do this corridor or
we're not going to do this corridor. If we're going to do the corridor,
it's there for you. If you're not going to use that corridor, then why
would you want to buy land that you're not going to use?
If I reserve it for 10 years, our project's going to be done, and
we're going to design it as if we've lost the land. And then you could
come back and say, we don't want it, then I've got a 75- foot wide or
100- foot wide, depending upon where it is, strip of land that's of no
use, of no value.
COMMISSIONER COYLE: How about not 10, but like four or
five? Does that cause you a lot of heartburn?
MR. YOV ANOVICH: Well, I mean, I would -- you know, I
wasn't expecting to go to four or five, you know, possibly we can go
to three. That gives you a year room. We're still in time within our
property. Because we have to -- we have to change plans. If we
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have that 75 feet that we can use, great. Ifwe don't, that's fine too,
but we need to know before we're so far down to where we can't --
we can't recover from the decision that you may make that you don't
want it.
COMMISSIONER COYLE: Yeah, okay.
So you'd be willing to consider three, right?
MR. YOV ANOVICH: (Nods head.)
COMMISSIONER COYLE: Okay. Now the other question is,
what's our policy with respect to determining the acquisition price of
property under these circumstances?
MR. YOV ANOVICH: Your LDC says that you value it today.
COMMISSIONER COYLE: Okay.
MR. YOV ANOVICH: So you've locked the price down. You
don't get three -- I don't get years of market accumulation.
COMMISSIONER COYLE: Just what I wanted to make sure
of.
MR. YOV ANOVICH: Right. So you're -- you're --
COMMISSIONER COYLE: Okay. So we're locked in today?
MR. YOV ANOVICH: -- locked in the price.
COMMISSIONER COYLE: Unless, of course, it goes down.
MR. YOV ANOVICH: No cash down. You've locked in the
pnce.
COMMISSIONER COYLE: If it goes down in the future, we
can -- we can lower the price, but if it goes up, we're not -- don't have
to beat it, right?
MR. YOV ANOVICH: Well, if it goes down, we'll talk about it,
but I think we're pretty safe that --
COMMISSIONER COYLE: Okay. Final question, is the staff
happy with the right-of-way width and arrangement?
MR. FEDER: Commissioner, yes, we are. One clarification,
it's as of today before the rezone valuation.
COMMISSIONER COYLE: Oh, yes, of course. Yes,
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absolutely.
MR. FEDER: Just a clarification.
COMMISSIONER COYLE: Yes, okay.
MR. FEDER: In answer to your question, yes, we are. We're
still going to have to work with the property to the north on the
eastern portion, east of, if you will, a potential Whippoorwill
extension, and it has to be wider in that end for the interstate, so
we're going to have to look at a wider right-of-way as well on that
north side.
CHAIRMAN HENNING: And Mr. Yovanovich represents that
portion, so he's going to be real happy to work with us on that.
MR. YOV ANOVICH: I know who I need to call --
COMMISSIONER COYLE: Okay.
MR. YOV ANOVICH: -- to let them know that that's going to
be coming down the pike.
COMMISSIONER COYLE: Now, the decision with respect to
the curb cut at that particular intersection is based upon your
expectation, Norm, that there will be a Green Boulevard extension.
It's not a curb cut that's being done specifically for this development?
MR. FEDER: That's correct.
COMMISSIONER COYLE: Okay. That's important.
MR. FEDER: Correct.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I have one question. Let's say we
get the petitioner to extend this additional year or two, what is the
timeline that the county has in order to -- if you came up and said,
we're going to use this, is there a timeline when you actually have to
start construction of that road, of Green Road (sic)?
MR. FEDER: No.
COMMISSIONER HALAS: Or all you have to do is just let
them know that you want that right-of-way and you're in the process
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of purchasing at the price that we're going to define today, and then
at -- whatever time, it could be 2024 when you decide to put that
road through; is that correct?
MR. FEDER: That's correct, sir.
COMMISSIONER HALAS: Okay.
COMMISSIONER COYLE: And I'm sorry. And we get that
first quarter mile free?
MR. FEDER: First quarter mile, yes. And as well, they have to
develop at least a driveway or two-lane status to that quarter mile.
MR. YOV ANOVICH: We've also been talking in the back
about this. But we would build, instead of a driveway, we will -- if
you tell us yes, you're definitely going to build this road, we'll build
it to county standards to our entrance instead of just a driveway.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: The -- now, if you're setting aside,
what is it, 75 feet --
MR. YOVANOVICH: We are setting -- I'm sorry.
CHAIRMAN HENNING: -- for the easement, you're setting
aside 75 feet?
MR. YOV ANOVICH: It's -- 75 feet is set aside for the portion
to what would be Whippoorwill Lane, if it came all the way down,
and 100 feet east of that.
CHAIRMAN HENNING: Okay. Now what happens to the
density on that 75 and 100?
MR. YOV ANOVICH: Well, reality is, when you go through
the eminent domain process, the county doesn't -- tries not to, or
sometimes does not take land in fee, because when you take it in fee,
you're taking the units away.
So what you did on the other ones is you acquired an easement
so you paid a lesser value so that the units stayed with the property,
so it's counted as part of the overall density of the project. You
basically share -- you reduce your acquisition costs by allowing us to
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still keep the benefit of the unit. So that's what, in a sense, we're
doing here, too.
COMMISSIONER HALAS: So the density is actually more
than 3.9 --
MR. YOV ANOVICH: No, no, that's included with the 10.5
acres that we're setting aside.
CHAIRMAN HENNING: Okay. The -- I still don't feel
comfortable. I'd much rather see more of a public benefit, and I think
we all recognize that a PUD is a negotiating tool for land use.
MR. YOV ANOVICH: And I hope, Commissioner, we've
shown you the willingness to give 75-foot wide right-of-way, also
construct two lines to a county road for a quarter of a mile.
CHAIRMAN HENNING: Are you giving it to us or are you
setting aside?
MR. YOV ANOVICH: We're giving it to you. No, we're giving
you that.
CHAIRMAN HENNING: Oh, okay.
MR. YOVANOVICH: We're giving it.
CHAIRMAN HENNING: Then what's the --
MR. YOV ANOVICH: No, I wasn't saying -- I was giving that
to you. I'm sorry. When I said donate in the truest sense, donate,
free of charge.
CHAIRMAN HENNING: I have no further questions.
Commissioner Halas?
COMMISSIONER HALAS: I just have one other one, and
there's -- is there any speakers that are signed up for this?
MS. FILSON: No, sir.
COMMISSIONER HALAS: I just wanted to make sure that
there was no public opposition to the three-story building with one
story of parking, which is a four-story building in my book.
MR. YOV ANOVICH: I understand. And, in fact, two
Wyndemere residents spoke in favor at our Planning Commission
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meeting, in favor of the project.
COMMISSIONER HALAS: And how many were opposed?
MR. YOV ANOVICH: There was zero opposed. And, you
know, often it's rare that people come up and just say, hey, we like
the proj ect. They show up when they're not happy. So I'm hoping
that what we've shown you, Commissioners, is a quality project.
MR. MUDD: And Commissioner, I would tell you that the
property to the north of -- this right here, this one right in here,
Balmoral, from what I understand, they don't have an entrance into
Whippoorwill, okay? I didn't see any entrance into Whippoorwill.
They've got nothing coming into Green, but they did set aside some
right-of-way, and they've got some right-ins, right-outs up to the
northern part, and there's nothing in there that has the median cut to
go in so they can make a left-hand turn.
So no doubt when that developer gets his SDP plan in here, he's
going to be saying, how can you get out on Green because that's a
lighted -- that's a lighted interchange and I can get out, make a
left-hand turn from my residents. So I think they'll come in with
some kind of a different approach because the development will get
tired of going around the block in order to get back into the
residence.
CHAIRMAN HENNING: I need a clarification.
Commissioner Coyle has just told me that the first 75 feet will
be donated by the developer or the first quarter of a mile, and I was
talking about the whole section.
MR. YOV ANOVICH: No, no, no. We're talking about the first
quarter of a mile,
CHAIRMAN HENNING: Okay.
MR. YOV ANOVICH: Okay. The right-of-way and the road to
county standards would be donated free of charge.
CHAIRMAN HENNING: How about if you move your
entrance over there to the alignment of Whippoorwill Road for the
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potential of that interconnectivity to Whippoorwill and Green?
MR. YOV ANOVICH: Okay. Well, Commissioner, I will tell
you that we talked about this very thing. We don't know that you're
ever going to build Whippoorwill because of the flowway issue.
There's really no reason to move -- why build a half mile of road to
nowhere if the flowway issue is insurmountable. And all indications
are it's probably going to be environmentally difficult, at best, to
make that happen. That's why we put the entrance where it is instead
of all the way down there, because of the likelihood of permitting an
extension of Whippoorwill Lane is not too good.
COMMISSIONER HALAS: Elevated roadway.
CHAIRMAN HENNING: Yeah. I think they call that fly over.
COMMISSIONER COYLE: Take the money from Golden
Gate and put it there.
MR. MUDD: Mr. Chairman, if I can -- if I could just -- one
point of clarification --
CHAIRMAN HENNING: Please.
MR. MUDD: -- because I think I'm a little confused at this
juncture.
All right. Richard, now you tell me -- you tell me what I've got
here and what the property owner's going to do. You're talking __
you're having an exit here on Green.
MR. YOV ANOVICH: Correct.
MR. MUDD: And it's going over here to Livingston.
MR. YOV ANOVICH: Okay. Correct.
MR. MUDD: You're talking about building a two-lane road to
county standards, and the 75-foot of right-of-way you're going to
donate to the county free of charge?
MR. YOV ANOVICH: Okay. Quarter of a mile, yes.
MR. MUDD: Okay. That's a quarter ofa mile. Now, from
your driveway going over here to the corner of where Whippoorwill
will someday come down to a potential Green, you're going to do
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May 13,2003
what as far as easement is concerned for the county?
MR. YOV ANOVICH: Okay. We're reserving it for you.
MR. MUDD: You're reserving it for us. But if -- is it free of
charge?
MR. YOV ANOVICH: Okay. No.
MR. MUDD: Or is that some kind of an impact fee credit?
MR. YOV ANOVICH: That's impact fee credit.
MR. MUDD: Okay. And from this point here at Whippoorwill,
at the potential intersection all the way to 1-75, that's 100 feet of
right-of-way that you're putting aside, that if the county chooses to
use it, would have to pay you with some kind of impact fees credit?
MR. YOV ANOVICH: Right, at today's value.
MR. MUDD: At today's value.
CHAIRMAN HENNING: And correct me if I'm wrong, isn't it
Baltmore (sic) or Biltmore (sic) --
MR. YOV ANOVICH: Balmoral.
CHAIRMAN HENNING: -- Balmoral gave the county --
MR. FEDER: Fifty feet.
CHAIRMAN HENNING: Fifty feet, gave, from their project,
which is right next to the possible Whippoorwill?
MR. FEDER: That is correct, Commissioner. They gave us 50
feet on the north side, and they do have an access point proposed
onto this Green extension direct right across that quarter mile to
where the access point is being proposed here today.
MR. YOV ANOVICH: How about we give you 50 feet as well
and you pay for 25?
CHAIRMAN HENNING: Up to?
MR. YOV ANOVICH: Right here, this.
MR. FEDER: Up to Whippoorwill.
MR. YOV ANOVICH: This is still free, this gap right here, you
get 50 feet for free, you pay for 25, which is exactly what Balmoral
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May 13,2003
COMMISSIONER HALAS: Seventy-five feet.
CHAIRMAN HENNING: You pay for 25.
MR. YOV ANOVICH: You're asking for 75 feet in width from
us, Balmoral asked for 50. We're saying, Balmoral gave you 50 for
free, we will give you 50 free, and we -- and you'll pay for the 25 feet
in addition to what you require from Balmoral.
COMMISSIONER HALAS: He's going to give us the 50 feet,
we're at the 75 feet.
MR. MUDD: You were paying for 75 feet, now you're only
paying for 25 from the quarter mile to the Whippoorwill intersection.
COMMISSIONER COYLE: Yeah, right, yeah.
CHAIRMAN HENNING: And you still want the density off
that 50 feet?
MR. YOVANOVICH: Yeah. We'd like the density off of that,
and that's why you've locked in your price. Remember, your LDC
covers this situation. If you can require an exaction, you give us
impact fee credits at this rate.
CHAIRMAN HENNING: There's no such word as exaction.
MR. YOV ANOVICH: Oh, well, it is an exaction. The question
is whether it's legal or illegal, but it's an exaction.
COMMISSIONER COYLE: It's extortion.
CHAIRMAN HENNING: It is --
MR. YOV ANOVICH: I didn't say that. Don't say that word. I
heard that earlier, and I don't want anything to do with that word.
CHAIRMAN HENNING: It's working with the community.
MR. YOV ANOVICH: No, I agree, and that's why we've given
you -- we're giving you 75 feet for free and a road in that 75 feet.
CHAIRMAN HENNING: Right.
COMMISSIONER HALAS: And what about the 100 feet then
from where Whippoorwill would drop down all the way over the 100
feet?
MR. YOV ANOVICH: That would be for impact fee credits.
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May 13,2003
CHAIRMAN HENNING: And you're going to reserve that
right-of-way for how long?
MR. YOV ANOVICH: If you do Green Boulev -- if you tell us
in two years you want to do Green Boulevard, it's -- you could build
it whenever you get around to it.
CHAIRMAN HENNING: I'm not sure if that -- we're going to
make that decision in two years.
MR. YOV ANOVICH: Three years, whatever the number was
that we just talked about.
CHAIRMAN HENNING: I thought it was 2010; isn't that what
you said?
COMMISSIONER HALAS: That's what I asked for.
MR. YOV ANOVICH: Right. But the reality is at that point the
project's already over and you've kind of bought the land, and I don't
think anybody really wants to be there. I think three years is more
than reasonable. Your staff was comfortable with the date __
COMMISSIONER HALAS: Two.
MR. YOV ANOVICH: -- that was in the PUD. So I think we've
worked with you.
CHAIRMAN HENNING: The true -- the true public benefit in
my opinion would be to have some kind of interconnectivity, because
that whole piece up in there is kind of hodgepodge. And I hope that
we don't get into that again to where we want to see something larger
with more of a master plan, and this is just a piecemeal type thing.
So that --
MR. YOV ANOVICH: And you have the opportunity to do that
because we've reserved for you a half a mile of the east/west corridor
of which you're getting 50 feet of the whole way for free. You've
already got 50 feet, so you've got 100 feet of your east/west, Living
-- I'm sorry -- Whippoorwill Lane in place, cost free to the county.
Now you can -- now you have time to deal with the __
COMMISSIONER HALAS: The north/south.
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May 13,2003
MR. YOV ANOVICH: -- the little bit of north/south that has the
environmental issues. But you're in place to work towards that
solution.
CHAIRMAN HENNING: Right. But if it was --
COMMISSIONER FIALA: And Bal -- I'm sorry.
CHAIRMAN HENNING: -- that 25 feet was given to us, that
even would be more of a public benefit and encourage us to do that
Whippoorwill -- get that away from that intersection, and then you're
also going to have interconnectivity with the shopping center up on
Pine Ridge and Livingston onto Whippoorwill, and then again with
the fire station. So it kind of makes sense to try to take us there. But
to take us there another 25 feet to the edge of the future
Whippoorwill, maybe we could make that -- make that decision __
MR. YOV ANOVICH: Commissioners, I think you need 75 feet
plus 50 feet if you do Green Boulevard. If you're just going to do an
extension of Whippoorwill Lane, I don't think you need 125 feet of
right-of-way, so I think --
CHAIRMAN HENNING: Is that right?
MR. YOV ANOVICH: Am I wrong?
MR. FEDER: If you're going to extend that east/west of
Whippoorwill, I think you need the 125 feet, because I also think you
need more than what you're establishing on the north/south
Whippoorwill.
CHAIRMAN HENNING: Okay. So we do need all that.
MR. YOV ANOVICH: For just a four-lane road of
Whippoorwill Lane?
MR. FEDER: Four lane, especially if we're dealing with
retention and canal issue in this, yes.
COMMISSIONER HALAS: Sidewalks.
CHAIRMAN HENNING: You know, six lane we get 165,
right?
MR. MUDD: Correct.
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May 13,2003
CHAIRMAN HENNING: Right.
MR. YOV ANOVICH: Well, Commissioners, again, the
problem isn't going to be east/west. It's this segment of the
north/south, and that's going to be a permitting and another PUD
Issue.
CHAIRMAN HENNING: Have you been back there?
MR. YOVANOVICH: Yes, I have.
CHAIRMAN HENNING: I haven't been back there.
MR. YOV ANOVICH: I've taken my car back there, and it's
pretty yucky.
COMMISSIONER COYLE: It's rugged.
MR. YOV ANOVICH: It's a -- it's not (sic) two-wheel drive
vehicle, and I'm glad I was able to get in and out with just my
two-wheel drive. It's rough back there.
CHAIRMAN HENNING: So let me just see where we're at
now. So you're going to build that quarter of a mile, dedicate it to the
county?
MR. YOV ANOVICH: Correct.
CHAIRMAN HENNING: You're going to reserve 25 to
Whippoorwill and give us 50?
MR. YOV ANOVICH: Correct.
CHAIRMAN HENNING: And then reserve that 100 from
Whippoorwill to I-75?
MR. YOV ANOVICH: Correct, which is above and beyond
what our neighbors to the north, Balmoral did.
CHAIRMAN HENNING: Well, they don't have as much
property as you do.
MR. YOV ANOVICH: They've got every bit of -- every bit of
density though.
CHAIRMAN HENNING: Then that's for four years, right?
You're going to reserve that?
MR. YOV ANOVICH: I have to look back to my assistant.
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May 13,2003
CHAIRMAN HENNING: Sure, that's fine.
MR. YOV ANOVICH: We prefer the three, if we can live with
the three.
CHAIRMAN HENNING: Okay. Any other questions before
we close the public hearing?
(N 0 response.)
CHAIRMAN HENNING: Commissioner Coletta, you okay?
COMMISSIONER COLETTA: Well, I still question whether
we've got enough for the public good.
CHAIRMAN HENNING: Yeah, I'm concerned about that, too.
COMMISSIONER COLETTA: I really don't think we reached
it, you know. I'm not too sure I could vote for this.
CHAIRMAN HENNING: Do you want to take a break and
come back --
COMMISSIONER COLETTA: Yeah, I think that would be a
good idea.
CHAIRMAN HENNING: -- in about 10 minutes?
Okay. We're going to take a 10-minute break.
(A recess was taken.)
CHAIRMAN HENNING: Thank you. Everybody take their
seat, please.
Mr. Y ovanovich, can you walk us through where we're at?
We're --
MR. MUDD: That's you.
MR. YOV ANOVICH: Oh, I heard somebody else talking.
You want me to take you through where we are?
CHAIRMAN HENNING: Yeah.
MR. YOV ANOVICH: And what the proposal is?
CHAIRMAN HENNING: Yes, sir.
MR. YOV ANOVICH: Okay. The proposal is as follows: We
add one year to the study period as currently set forth in the PUD
document.
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May 13,2003
CHAIRMAN HENNING: Four.
MR. YOV ANOVICH: We'd like to get to '06, January -- where
we're in now -- it says January '05 right now. We'd like to go to
January '06.
We would propose the 75-foot area from Livingston to what
could be Whippoorwill Lane if it's extended. That's roughly a half a
mile. That 75 feet would be -- if the county's going to build
Whippoorwill Lane, it would be dedicated to you free of charge.
Everything east of that point would be reserved as is currently
provided. And if you decide to go forward with Green Boulevard,
we would receive impact fee credits for the value of that, based on
what your LDC locks your price in today. So if you, two, three, two
and a half years down the road decide you want Green Boulevard,
the price will not increase.
CHAIRMAN HENNING: Does anybody else have any further
questions of the petitioner?
MR. MUDD: You're still building the quarter of mile of road.
MR. YOV ANOVICH: Oh, yes, yes.
COMMISSIONER HALAS: I'd like to -- I'd like to make a
motion that we accept this.
CHAIRMAN HENNING: Well, we're going to close the public
hearing.
COMMISSIONER FIALA: And we're talking about the 100
foot, that's the easement, right? That's the price __
MR. YOV ANOVICH: On an easement, correct.
COMMISSIONER FIALA: On an easement, okay.
CHAIRMAN HENNING: Okay. Seeing no further question,
I'm going to close the public hearing.
Commissioner Halas?
COMMISSIONER HALAS: I'd like to make a motion that we
accept this under the guidelines that Mr. Y ovanovich just brought
forth here.
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May 13, 2003
COMMISSIONER FIALA: And I'll second the motion.
CHAIRMAN HENNING: And I'm not sure if there was any
Planning Commission recommendations on this, so let me just __
COMMISSIONER FIALA: There were in --
COMMISSIONER HALAS: In the Planning Commission
recommendations that --
COMMISSIONER FIALA: And it first said that there -- they
weren't accepted, but then Rich assured me, and so did Ray Bellows,
these, yes, indeed, they were accepted.
COMMISSIONER HALAS: That was the traffic impact.
MR. YOV ANOVICH: Right.
CHAIRMAN HENNING: Okay. So the Planning
Commission's recommendations and the staffs recommendations are
included in the motions?
COMMISSIONER HALAS: That's correct.
CHAIRMAN HENNING: And the second?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Okay. Any further discussion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Well, thank you, gentlemen. It's -- we worked very hard on
resolving that issue.
Thank you, Mr. Y ovanovich.
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May 13,2003
Item #9A
RESOLUTION 2003-177 APPOINTING JAMES A. PETERKA TO
Next item is Board of Commissioners' appointment to the
airport authority.
COMMISSIONER FIALA: Yes. I'd like to make a motion that
we accept the committee recommendation, James Peterka.
COMMISSIONER HALAS: I second.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala, second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Item #9B
RESOLUTION 2003-178 REAPPOINTING JOHN P. STRAPPONI
AND CONFIRMING RONALD M. PENNINGTON AS CITY OF
The next one is appoint members to the Collier County Coastal
Advisory Committee.
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May 13,2003
COMMISSIONER FIALA: Yes. We have one
recommendation, John Strapponi, and I recommend that we accept
that recommendation, plus the confirmation of the City of Naples,
Ron Pennington.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala, second by Commissioner Coyle.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(N 0 response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Item #9C
RESOLUTION 2003-179 APPOINTING MICHAEL S.
MCCAMPBELL TO THE COUNTY GOVERNMENT
The next one is appointment of members to the productivity
committee.
COMMISSIONER FIALA: Yes. And I'd like to make a
recommend -- or rather a motion to accept the committee
recommendation of Michael S. McCampbell for the unfilled
remainder of the term for productivity committee.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala, second by Commissioner Coletta.
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May 13,2003
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
Item #9D
RESOLUTION 2003-180 APPOINTING WILLIAM J. VARIAN TO
THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS _
AlXlITED
Next one is appoint a member to the building adjustment and
appeals board.
COMMISSIONER HALAS: I make a motion that we accept
William J. Varian for the one member to fulfill the remaining of the
vacant term.
CHAIRMAN HENNING: I'll second that motion.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
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May 13, 2003
Item #9E
ORDINANCE TO BE ADVERTISED REGARDING AMENDING
THE MEMBERSHIP OF THE BAYSHORE/GATEWAY
TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
SO THAT TWO MEMBERS DO NOT HAVE TO WORK OR
That brings us to 10(A), and we've already done that, so we go
to 1 O(B), which is adopt a resolution combination -- condemnation of
fee simple interest of the property required to construct the storm
water treatment pond.
MS. FILSON: Mr. Chairman?
MR. MUDD: Mr. Chairman, 9(E)?
MS. FILSON: You didn't do 9(E).
CHAIRMAN HENNING: 9(E)?
MR. MUDD: You have an item, sir, you wanted to discuss
regarding amending the ordinance to change the membership of the
Bayshore/Gateway Triangle local redevelopment advisory board.
That has something to do with Mr. VanArsdale, if I remember
correctly.
CHAIRMAN HENNING: Yes. Thank you, County Manager,
for keeping me straight. Now I know why we give you the big
bucks.
COMMISSIONER COYLE: It's not in my packet.
CHAIRMAN HENNING: There's--
MS. FILSON: It's a discussion item.
CHAIRMAN HENNING: It's on the -- oh, you must have an
old agenda.
COMMISSIONER FIALA: No, not in -- not in mine either.
CHAIRMAN HENNING: Well, there's no backup material. I
can -- was it on the public, advertised?
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May 13,2003
MR. MUDD: Yes, sir, it's a discussion item.
CHAIRMAN HENNING: Okay. What it is -- when the
commissioners appoint members to the CRA Bayshore Advisory
Group, it was the wishes to also ask Peter VanArsdale to sit in as a
nonvoting member of this committee, and we also took action, Mr.
Stokes, who was not -- did not live within or have property within the
redevelopment area.
It's Mr. VanArsdale's wishes to be a voting member of the CRA
if he sits on it, so that would take for us to amend the ordinance of
the Bayshore CRA. So I'm bringing it to the Board of
Commissioners for whether they're in favor of the amendment.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'm very much in favor of
the amendment, but I would like the board to give consideration to
removing that particular requirement at least for a few of the board
members, because the important thing is that we develop a good solid
plan, and it just might happen that the people who live there might
not have any experience in developing those kinds of redevelopment
plans.
So it might -- it might give us a lot better advice if we -- if we
could make appointments to that committee based upon the
qualifications of the applicants to -- to develop sound redevelopment
plans rather than based upon where they live.
CHAIRMAN HENNING: Commissioner, I agree with that in
some, but my concern would be the people who have a vested
interest be the majority.
COMMISSIONER COYLE: Exactly. I wouldn't have a
problem with that either.
CHAIRMAN HENNING: Okay. So we're talking about
amending an ordinance where people on the advisory -- the CRA, a
minority can be a nonresident and non __
COMMISSIONER COYLE: Business owner.
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May 13,2003
CHAIRMAN HENNING: -- business or property owner within
it, and the majority would be -- they could be outside of it.
Commissioner Fiala?
COMMISSIONER FIALA: So, in other words, create -- here's
what I'm understanding, or maybe coming up with an idea toward
that end.
We have, I think, six members now, and they could all live and
work according to the regulations, but then we would create two
at-large positions who would still have voting privileges but they do
not have to live in, or work in that area; is that correct?
CHAIRMAN HENNING: I didn't hear that. What I heard was
not change the membership but just change the requirement where
the majority must reside or own property within the redevelopment
area.
COMMISSIONER COYLE: You still have six, but four of
them would have to reside or own property. Two of them could be __
COMMISSIONER HALAS: Business owners.
COMMISSIONER COYLE: -- outside the area but have
experience specifically in redevelopment planning.
COMMISSIONER FIALA: Would you -- would you consider
maybe adding two members to that? And I only say that -- I'm just
throwing this out for brainstorming __
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: -- only because the committee is
small, and sometimes they don't have all the members there anyway,
possibly adding two additional might give us a larger group and more
input.
CHAIRMAN HENNING: Commissioner, the concern that I
have is when you increase the members, then you have -- you
increase or decrease the ability to have a majority for the advisory
board or the CRA to make a decision or a recommendation. You see
what I mean? But it's -- you know, you guys -- it's bordering on your
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May 13,2003
district, and whatever you want to do.
COMMISSIONER COYLE: I could go either way. I mean, it
doesn't bother me a bit. You know, whichever way you think would
be appropriate.
If you increase the total membership by two, you'd have eight,
which means if you wanted to have the majority residing or doing
business in the area, you'd have five who were -- who met those
qualifications, and then you'd have three who would -- who would
have, hopefully, good planning skills and be outside the area perhaps.
But remember, that gives you -- still gives you an even number
COMMISSIONER FIALA: Yeah, that's true.
COMMISSIONER COYLE: -- and I don't know if you want an
even number on a committee.
COMMISSIONER FIALA: Yeah, that's a good point, yes. And
they're -- by the way, they're talking about hiring an executive
director who would have planning or architectural skills. Maybe __
maybe we could create one more position.
COMMISSIONER COYLE: Make it seven, make it seven.
COMMISSIONER FIALA: As--
COMMISSIONER COYLE: Five live in the area or work in the
area, own property in the area, and two can come from anywhere,
right?
COMMISSIONER FIALA: Including the area?
COMMISSIONER COYLE: Including the area.
COMMISSIONER FIALA: Uh-huh, but they could be at large?
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: Mr. Weigel, are you okay with that?
MR. WEIGEL: Well, I think so. Just to be clear -- and we can
bring it back with flexibility so you can change it on the floor, but it
looks like, if there are six -- and with so many committees, I can't
remember. It's very rare that we actually have an even number on a
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May 13,2003
committee.
But if it's six, you're looking to increase it by one, and of that
component of seven, two don't have to reside or own property there,
if it's six.
Now, Sue's going to come dashing back in a moment and tell us
if it's truly six or not.
CHAIRMAN HENNING: Well, I think that you have enough
direction to just bring back something, and if we could, have to
amend it --
MR. WEIGEL: Fine.
CHAIRMAN HENNING: -- on the fly, because we're going to
-- we're going to move on, because I hear a consensus that there's a
wish to change it.
COMMISSIONER FIALA: To an at-large member?
CHAIRMAN HENNING: Well, the majority of it has to reside
in -- could reside in -- or has to reside in.
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: And then the minority doesn't have
to, but they could.
MS. FILSON: We currently have seven members on that board,
and one vacancy.
COMMISSIONER FIALA: Oh, and one vacancy, so there's
already eight positions.
MS. FILSON: No, seven total, with one vacancy.
COMMISSIONER HALAS: So you've got six.
COMMISSIONER FIALA: Oh.
COMMISSIONER COYLE: So we're doing five and two.
MR. WEIGEL: Okay.
COMMISSIONER COYLE: Great.
MR. WEIGEL: Sounds good.
CHAIRMAN HENNING: Five and two in the majority.
MR. WEIGEL: I would suggest the board take a vote just to put
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May 13, 2003
that on the record.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: Or go four and three and still do it.
COMMISSIONER FIALA: No, let's do five, two.
CHAIRMAN HENNING: Make a motion, please.
MS. FILSON: And if I can ask one question with the
amendment to this ordinance. Is that going to automatically make
Mr. VanArsdale a member, or do you want me to advertise for that
position?
CHAIRMAN HENNING: I would advertise. That's my
preference.
COMMISSIONER COYLE: I think you have to separate them.
I think you have to change the ordinance first before we can appoint
-- even consider appointing Mr. VanArsdale, although, personally, I'd
like to see him appointed. But I think the proper procedure is to do it
as Commissioner Henning has suggested.
And I'll make a -- make a motion that of the seven members of
this particular committee, two members do not have to live, work, or
own property within the redevelopment area.
COMMISSIONER FIALA: I second that motion.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: No, I'm okay.
CHAIRMAN HENNING: Okay. I know you are.
Any more discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saYIng aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
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May 13, 2003
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries, 5-0.
COMMISSIONER FIALA: Thank you for bringing that up.
CHAIRMAN HENNING: Well, thank you.
Commissioner Coyle?
COMMISSIONER COYLE: They want to switch.
CHAIRMAN HENNING: You want to switch?
(Brief recess.)
Item #10B
RESOLUTION 2003-181 AUTHORIZING CONDEMNATION OF
FEE SIMPLE INTEREST IN PROPERTY REQUIRED FOR THE
CONSTRUCTION OF A STORM WATER TREATMENT POND
ALONG GOLDEN GATE BOULEVARD MADE NECESSARY
BY THE CONSTRUCTION OF ROADWAY IMPROVEMENTS
ALONG 13TH STREET SOUTHWEST FROM GOLDEN GATE
TH
CHAIRMAN HENNING: Item 10(B), and that's condemnation
of fee simple property. Constructed -- construction for storm water
treatment pond along the Golden Gate Boulevard necessary by the
construction of roadway improvements on 13th Street Southwest
from Golden Gate Boulevard to 16th Avenue Southwest.
MR. STRAKALUSE: Commissioners, Gregg Strakaluse with
the transportation department, for the record.
You may recall one hot summer day last year the county held a
ribbon-cutting ceremony for a bridge on 13th Street Southwest. That
bridge was dedicated to the memory of Richard Telregdal (phonetic),
who was an engineer on that proj ect. That proj ect, the bridge proj ect,
was identified as a need by the community. It was supported by
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police, fire and EMS, and it was championed by Commissioner
Coletta.
This particular proj ect is a critical link between the north and
south sections of Golden Gate Estates. Unfortunately, the roadways
leading up to that particular bridge are not up to standard, are not up
to code. The existing 13th Street Southwest roadway just has two
paved nine-foot lanes, which is not adequate, especially when you
have emergency vehicles and competing traffic going down that lane.
It does not have any sidewalks at this current time.
This particular project is to improve that roadway section north
and south of the bridge. The necessary right-of-way is only for
stormwater dry detention basin, not for the sidewalks.
We do have a 60-foot right-of-way which encompasses the
roadway in enough area to provide for an enclosed stormwater
drainage ditch to the Golden Gate canal and the sidewalks.
The South Florida Water Management District has indicated
that as part of the stormwater treatment and attenuation, we need to
have a dry detention basin to accommodate for piping that specific
ditch.
Staff has done an extensive review of the properties out there
and has, as part of this executive summary package, put together an
evaluation of alternative sites for a potential on-site. The particular
site that has been chosen for this particular resolution is this vacant
five-acre parcel adjacent to Golden Gate Boulevard. 13th Street
Southwest is here. And the facility's library, EMS and fire station are
located there.
Staff has considered alternative sites, considered construction
costs associated with alternative sites, as well as environmental
aspects associated with this particular project. Again, the bridge does
serve to provide better response times for EMS and the fire station
and police to get to the southern portion of Golden Gate Estates. But
it also provides for another critical component, which I think we've
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heard a lot of today, and that's interconnectivity.
So with this information that I've presented and the information
in your package, staff is recommending approval of this particular
resolution to make the necessary improvements to 13th Street
Southwest, to widen that road, create the sidewalk, and to provide for
a higher level of safety for the neighbors in that particular area.
Any questions?
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Just wanted to clarify, we've
already approved the improvements to the street; is that correct?
MR. STRAKALUSE: We're in the design process now and
we're approaching --
COMMISSIONER COLETTA: But we authorized you to go
ahead with --
MR. STRAKALUSE: Yes, it's in the -_
COMMISSIONER COLETTA: -- the entire process.
MR. STRAKALUSE: -- five-year work program.
COMMISSIONER COLETTA: We're looking to complete this
sometime in January, or have it to the point ready for build in
January; is that --
MR. STRAKALUSE: That's correct.
COMMISSIONER COLETTA: Yeah, I make a motion for
approval.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Coletta, second by Commissioner Coyle. Any further discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saYIng aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
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COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 5-0.
MR. STRAKALUSE: Thank you.
Item #10C
AGREEMENTS FOR SALE AND PURCHASE WITH THE PAUL
FAMIL Y FOR PURCHASE OF PROPERTY TO HOUSE THE
NORTHEAST REGIONAL WATER TREATMENT PLANT AND
WATER RECLAMATION FACILITY AT A COST NOT TO
EXCEED_$tl,007,OOO - A~OVED
CHAIRMAN HENNING: Next item is 10(C), and to approve a
two agreements for sale/purchase with the Paul family; purchase
property northeast -- for the -- house the northeast regional treatment
plant and water reclamation facility.
MR. DeLONY: Commissioners, for the record, Jim DeLony,
public utilities administrator.
The 2002 water/wastewater master plan updates which the
board adopted on the 25th of February, 2003, describes that the
Collier County water/sewer district expands services into the
Orangetree and rural fringe areas. Given that the current water/sewer
district plant sites required maximum capacities that can be provided
due to the size constraints, and to limit expenses for in-ground
transmission services, the master plans prescribe that the district
acquire additional plant sites and hopefully located within the new
servIce areas.
The 2002 water and wastewater master plans recommends a
portable water and a wastewater plant in the northeast portion of the
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district's water and sewer service areas. Location of these new water
treatment facilities in this portion of our service area will require
construction of fewer in-ground service transmission facilities,
especially due to our eventual takeover of the Orangetree service
area, which is currently set for 15 May, 2012.
The proposed site is composed of three contiguous parcels
consisting of 216 acres and is centrally located in the future service
area.
The purchase price of $27,500 per acre has been carefully
evaluated and is considered both fair and reasonable.
Per the proposed acquisition agreement, the county and the
water/sewer district will build a potable water plant, a wastewater
plant, a recycling center and a park.
Because of the size and the shape of the site, the water/sewer
district will have sufficient space to construct and operate the plant
facilities as a good neighbor; that is, meeting all applicable rules,
laws, codes, ordinances and regulations in a manner that is respectful
of the needs of the abutting and surrounding neighborhoods.
The size is sufficient to house both water and wastewater
treatment facilities which provide us the future economies of scale
and more efficient operations of maintenance for a water/sewer
district.
That concludes my introduction, and I'm ready for questions
now.
CHAIRMAN HENNING: Do you have any questions?
Commissioner Fiala?
COMMISSIONER FIALA: Yes, what is number (sic) C? What
are you going to be putting in that little piece of land there?
MR. DeLONY: That there?
CHAIRMAN HENNING: It's on our visualizer.
MR. DeLONY: Right, that provides for our ability to bring the
connecting pipes from the existing Orangetree plant up into our site.
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COMMISSIONER FIALA: Great. Okay. That's good, thank
you.
MR. DeLONY: Yes, ma'am, it's about nine acres there.
CHAIRMAN HENNING: Any other questions?
Commissioner Coletta?
COMMISSIONER COLETTA: You have some speakers, I'm
quite aware of that. But C will also be an access point if we're
fortunate enough to get that lake; is that correct? Am I looking at
this right?
MR. DeLONY: Yes, you are. That provides some area around
the lake.
MR. MUDD: Commissioner, just to orient you a little bit about
this area, just so that you know, for some folks that aren't familiar--
Commissioner Coletta, I know you're really familiar about this __
here's the county fairground, okay, that's up in this area that says
waterways down here. This is Immokalee Road. This is Oil Well
Road. This is the 40-acre Orangetree package plant that sits down
here that in 2012, based on agreements, they give that entire
operation to the county at no cost. There's a brand new school that's
being developed down in here with ball fields that are going in.
Previous discussions with the school board -- not school board
but the school staff, we could have access along the southern part of
this pond. This, we call this the stovepipe area, number C. The
reason we need it is so that public utilities can bring those pipes and
any interconnectivity. Because everything that feeds waterways and
their -- and the water/sewer district customers they have right now
come into that plant. And if you're going to connect to them and
you're going to hook them to a different plant that's got more
capacity to it, you're going to need some way to connect to it. That's
why this is very advantageous for us to purchase.
Now, the school owns this piece already. And there's an idea
that there might be a park, a regional park, focused around this
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particular lake. But you'll have discussions with the property owner
at some time in the future when his PUD comes forward. And you
could connect the fairground area through this piece, this triangle
piece, the stovepipe and around and still be able to access that, a
regional fishing park or whatever at a future time. So we're trying to
plan for the future.
At the same time, Mr. DeLony and his staff is planning for an
area that -- acreage that's more than what's needed in order to do a
water/sewer plant so he can make sure that he maintains good
neighbors. If there's one thing that public utilities has learned in this
county over the years is the fact that picking up package plants in an
already built-out neighborhood or one that's going to be built out in
trying to maximize it is quite difficult for the neighbors, because you
don't have proper buffers. And so we as the county staff has changed
the way we acquire acreage, to make sure that we get more than
enough to make sure that we can maintain our good neighbor status
and buffer any developments or existing property owners for those
particular sites.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. I was just going to
mention about the -- acquiring package plants, as they -- that's all
right.
COMMISSIONER COLETTA: Take your time.
COMMISSIONER FIALA: I was just going to mention, we
were talking about acquiring package plants, and as in the past __
MR. DeLONY: Yes, ma'am.
COMMISSIONER FIALA: -- I'm very, very pleased to see how
much land you're reserving, but I have to tell the neighbors -- not but.
And I must tell the neighbors in that area, I've never seen a county
that worked so well with the neighbors.
We have a plant in my district that's right smack in the heart of a
neighborhood. I mean, on the other side of the bushes. And it's a
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very little piece of land. And yet we have been very kind to the
neighborhood. They have been accepting of us. Any time they've
had a problem, no matter how minor, we're there and we fix it. And I
think that we need to give those assurances to the people in this new
area. Some of them -- I've gotten a couple of letters of people being
a little bit concerned. And we need to go out and tell them, not only
will this land buffer be a great buffer for everybody, but also that we
are very concerned with making the neighborhoods happy.
MR. DeLONY: Yes, ma'am.
MR. MUDD: Ma'am, this still has to come forward with a
conditional use zoning to take it from ago It has to have a complete
public vetting (phonetic), a neighborhood meeting where all that stuff
is laid out in the plan. And, you know, right now we have a bunch of
orange grove trees in there right now. We have to come back with a
development plan that they can see where the facilities are and know
what the buffers are going to be in between them, so we've got to go
through that process still.
MR. DeLONY: I can't see where we're not going to be in here
three or four more times till we get the specifics of the footprint
down, both in terms of the site development plan, I'll bring that to
you, along with the zoning. Then I'll be back in here describing to
you the in-place construction for each footprint; that is, for the water
plant, for the wastewater plant, for the recycling center. All that will
come back to the board for you and for public comment, as well as
your decisions about how and what we're going to do there on the
site. This is just the first step is acquiring the property.
And I hope I've described to you what we've got here. It's a
very super good site in terms of its accessibility. You've mentioned
the fact that we are buying the proper amount of acreage, so we won't
have to do what we've done in the past.
And I believe it's the best course of action I can recommend to
the county as we expand the water/sewer district. This has been in
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the works for over a year now in negotiations with these property
owners. We've looked at other sites, but this is the best site. We've
got a great price. And I think it's time for us to move forward and
expand our services and begin that very involved public process that
will get us to the in-state of what I've described here for this site.
CHAIRMAN HENNING: Well, let's see how the public feels
about it.
MR. DeLONY: Sure.
CHAIRMAN HENNING: Public speakers?
MS. FILSON: Yes, sir, we have two public speakers. Richard
Babb. Would you like to come up, sir?
MR. BABB: Can he go first?
MS. FILSON: Sure. Odus Ladreth (phonetic).
MR. LANDRETH: Landreth.
MS. FILSON: Landreth. And he will be followed by Richard
Babb.
MR. LANDRETH: I'm Odus Allen Landreth, Chairman
Henning and Commissioners. I reside at 4220 18th Street Northeast,
and I can point out my location. Right here on the north side of the
property. You'll see a lake there, and that lake is in part of my
property. And of course being right on the south edge, my property
line is on the south side of the canal. The canal there is operated by
the county, but I own the land under it, for some reason.
So I have a 660- foot boundary abutting the facility you have __
you're looking at at this time. I purchased my property in 1995 and
built my home in 1998, and I've lived there five years. I've seen our
neighborhood grow from two homes in 1995, to eight homes in 1998,
to approximately 250 homes at this time. And the number grows
monthly.
What you're looking at today is now an orange grove, and I
enjoy the view from my back porch looking over the orange grove.
However, I knew when I purchased my property that the orange
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grove was not going to be there forever. The growth in the area
would indicate that sooner or later that property was going to be
developed, and I anticipated that would take the form of housing or a
golf course or something, but I did not expect to have an industrial
complex right behind my home.
I first learned that this property was being considered for
purchase by the county about three weeks ago. It took a couple of
weeks just to find someone who could tell me that this was actually
going to happen. So the whole thing appeared to me that it's been a
pretty tightly guarded secret as to where this property was going to
be located.
I'd just like to ask for you folks to delay the purchase of this
property and give those of us who are going to be really affected by
it a chance to find out what's going on. I'm concerned that once the
property's purchased, there'll be no stopping the project. And I'd
certainly love to see why some other areas couldn't be considered.
I think there are a number of concerned neighbors in our
neighborhood. The area you see here, this area here probably
contains at least 150 homes, and we're all very, very close to the
orange grove. We enjoy the aroma of the orange blossoms when
they're in season. And I've been in their waste treatment plants and I
don't enjoy the aroma they oftentimes emit.
So I'd like to ask, you know, who made the decision to locate it
here? Was anyplace else considered? What was wrong with any of
the places? Because I know a few miles to the east there are a lot of
open land that wouldn't be infringing on established neighbors. I just
wish that I had known this before I bought my property.
If it goes through as planned, I feel my property value is going
to go down. And I know most of my neighbors are not wealthy
people. I'm not wealthy. And that loss -- that property is kind of a
ticket to my retirement, and I'd sure hate to lose a lot of its value
because of the actions of the county in building this facility.
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I also would object, I hope there's a way to control the noise, the
light pollution. I'm an amateur stargazer and there's enough light
pollution around as it is. I'm afraid this operating 24 hours a day
would cause more problems.
So I just feel it's going to be a hardship on myself and some of
my neighbors, and I would wish to have some time to review the
situation and have it explained before it's cast in stone. Thank you.
CHAIRMAN HENNING: Thank you.
Next speaker?
MS. FILSON: Richard Babb. He's your final speaker.
CHAIRMAN HENNING: Mr. Babb, you can go at this podium
right here, if you'd like. Thank you.
MR. BABB: I intended to do that, since Mr. Landreth caught
you from that side.
CHAIRMAN HENNING: You thought you'd get in from the
other side.
MR. BABB : Yeah, right, you got it.
Good afternoon, Commissioners. Commissioner Coletta and
Henning I've met, and those of you I have not met, I'm Richard Babb.
My field is engineering economics; however, I'm retired from the
Bell Telephone system for some 17 years now. And this -- my plea
is going to be to consider some other areas and think about this __
exactly the impact that this will have. This will not be a passionate
plea, because my age of passion is passing.
My residential property is contiguous to this parcel also, just to
the west of Mr. Landreth's, and about six acres and 600 feet along the
beautiful orange groves.
MR. MUDD: Do I have it about here, sir?
MR. BABB: I beg your pardon?
MR. MUDD: If you look over --
CHAIRMAN HENNING: This way.
MR. MUDD: If you look at the monitor up there, do I pretty
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much have your property?
MR. BABB: Yes.
MR. MUDD: Okay.
MR. BABB: I built in '97, and as with Mr. Landreth, I knew
that there would be something replacing those orange trees some day,
but I certainly didn't expect to have a sewer plant right next to me.
And we do fear the possible change in the valuation of our property
on the downside.
Now it's somebody's idea to remove those healthy orange trees
and replace it with a couple of plants, including a recycling plant,
which I think is going to contribute quite a bit of noise. And also,
between the two, the sewer plant and the recycling, I'm calling a
spade a spade here, I think we're going to have a lot of light
pollution. And there may be some things that can be done about that.
Best thing would be to look at some other area that doesn't impact on
an existing residential area as much as this does.
I think that some of you might recently -- I don't know that this
is commissioners or who -- might recently have gotten a good
bird's-eye view of my area; the helicopters have been flying around
over treetops and so forth. My friends at the FAA tell me that
whoever was flying around is liable for the chop on my little lake.
But unfortunately I haven't had an offer yet to take a little fly around
myself.
Let's just not assume that this proposed location for these plants
is the only possibility. Just again, as Mr. Landreth said, I wish we
had a little bit of time for you to think about it and for some of us to
talk about it, since it's so close to us.
It's -- there are other locations, and I know we've been told that
staff has looked them all over carefully and closed us up, and maybe
correctly so, maybe not. Three areas that I'm just going to mention,
one north of us, north of 4 7th Avenue area, is now a great big fill pits
area, which incidentally was approved while I was in this room on
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the basis of a lot of comments; approved not from you people but
from the plaintiffs, or whatever people that were going to do it. It
was approved by the commission at that time, based on a lot of things
that proved not to be true. It's a large area and it's a possible. I think
they're getting ready to do something else with that at the present
time.
Second area is the many acres of low-level land west of the
Immokalee Road and just south of 4 7th Avenue, the west end.
Third area is those vast areas of land off Oil Well Road that are
not yet claimed by Ava Maria or any other deity that I know of, and
not -- it would not impact upon a residential grouping as large as ours
and as established as we are.
Gentlemen, building -- and lady, building a sewage and
recycling plant next to our beautiful residential area may be
considered as a great solution, but not necessarily because it's the
easiest one.
Commissioner Coletta, I remember your telling us about your
little fishing day over there at the lake, and I wonder if it would have
been the same if instead of being at the lake as it is now, that what
you had to look at out of one eye was your fishing rod and out of the
other eye was a sewage plant and a recycling plant, and your ear on
the zinger of your line and what would the racket be from maybe the
recycling plant. And lastly, would it be the smell of a fish or
something else? Thank you.
CHAIRMAN HENNING: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. This has not been
a mystery. This has been in the plans now for two some years. I've
talked to at numerous times the Civic Association, the water -- the
people at Waterways, at Orangetree, Corkscrew. Everyone's been
appraised of what's coming down. We've been looking at this for a
long time. There's no mystery here.
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And it hasn't happened. We got the rights to be able to do it
because we own the land now, but it doesn't mean it's going to take
place. There will be plenty of time for you to interject opinions,
you'll be able to see what's going to take place and hear from
residents in other areas that have similar facilities.
But believe me, with 220 acres, and the facility itself is going to
take up what, about 80 acres? That leaves a lot of buffering. As far
as the orange tree goes -- the orange trees in that area go, I'm sure if
they dig any of them up, they'd be willing to give you all that you
would like, you know, if you'd like some orange trees.
But in any case, I wouldn't do anything or push anything
forward without being sure that it was going to be for the safety and
welfare of everyone. I know you won't be hooking up to the sewer
plant.
But the thing is is that it's going to serve a function. We've had
very little complaints recently from the people that live around them
because we've been dealing with all the problems that are there. Our
staff is adequately prepared to deal with any problems that come up
on this one. But believe me, you haven't heard the last of it. I think
we've got what, about two years to go before we reach the point
where we get final approval?
MR. MUDD: It will take about 18 months, sir.
COMMISSIONER COLETTA: About 18 months. So you'll be
appraised of every situation. If you have an e-mail address, leave it
with me and I'll make sure you get notified of everything as it comes
down. If you don't have an e-mail address, just give me your address
and we'll make sure that you get letters all along the way, you know
where every meeting's taking place, the different community
meetings, the staff meetings, anything that might bring this thing to a
final conclusion. Because when it gets done with it, you have to
know what's happening there. You have to totally understand it.
There's a lot of misconceptions about what this is all about. If it's
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built right, you won't be able to see it. And that's one of the things
we have to make sure of when the time comes.
With that, I make a motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
second by Commissioner Fiala.
County Manager, what I need when we come through with the
rezone, the conditional use, I hope that we can have a conceptual site
plan. I hope that we can have our staff to evaluate property values
and compare it to other sites near a facility like this in Collier
County, what it has done to property values. I hope we can have a
neighborhood meeting.
MR. MUDD: I can't wait to do that one, because our north
sewer plant's right next to Pelican Marsh.
CHAIRMAN HENNING: Okay. Well, there's two of them.
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: I think there's a lot of public
involvement on this item that we need to do, and I hope that we do
our due diligence in that effort.
Any further discussion?
COMMISSIONER COYLE: If I could just make one
observation so that the two gentlemen really understand what's going
to happen here. I don't want you to leave here with the belief that
we're not building a water treatment plant, a sewage treatment plant
there. Once we spend that kind of money on it, you know we're
going to build it there. Don't be confused about that. Once we spend
the money, it's going to go there.
The important thing I think is the siting of the facility. And you
need to be involved in that very heavily, and you need to have some
impact into that so that hopefully it can be sited in a way that does
not cause you the kinds of problems that you anticipate.
CHAIRMAN HENNING: Okay, seeing no further discussion,
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all in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 5-0. Thank you, Mr.
DeLony.
Moving on to 12(B).
MR. DeLONY: 10(D), sir.
CHAIRMAN HENNING: Pardon me?
MR. DeLONY: 10(D).
Item #10D
WORK ORDER #MP-FT -03-02, FOR MUNICIPAL SOLID
WASTE PROCESSING AND GASIFICATION PROJECT
NEGOTIATIONS TO MALCOLM PIRNIE, INC., UNDER
CONTRACT #00-3119, FIXED TERM UTILITIES ENGINEERING
MR. MUDD: 10(D). That used to be 16(C)(4). It was --
CHAIRMAN HENNING: Okay.
MR. MUDD: -- moved to the regular agenda --
CHAIRMAN HENNING: Thank you.
MR. MUDD: -- by Commissioner Coletta.
And that is approve -- that is to approve a work order
MP-FT -03-02 for a municipal solid waste processing and gasification
project negotiations to Malkolm Piernie, Inc. under contract 00-3119,
fixed term utilities engineering service, in the amount of $232 --
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$232,960.
CHAIRMAN HENNING: We have one speaker. Is there any
questions from the board?
COMMISSIONER COLETTA: Well, yeah. The reason I had it
pulled was that the last time we had this before us, and if we are
legally obligated to go forward with it at this point in time,
understand me, that's a lot of money when we're looking at
something where we have two technologies to pick from. One was
the Brightstar, which was very affordable. That was the one that we
got to view in Australia and was supposed to be on line and
productive technology and ready to go. It hasn't got to that point, it's
not proven, and there's no way we can go with that. So we're looking
at something that's going to be 200 some dollars a ton.
When we get right down to it, I mean, are we really going to
want to increase our price for the hauling of refuge and the disposal
of refuge to that point to cover a $200 a ton fee? I don't think we're
going to. And I questioned about putting this money after the money
we have already spent when we already might be to that point as far
as conclusion goes. I mean, the gasification itself is a wonderful idea
if it's affordable. And it's not affordable under what I can see. So I
wanted to get that in front of you for discussion.
CHAIRMAN HENNING: Okay, well, I appreciate it. And I
think Mr. DeLony has some --
MR. DeLONY: Sir, Jim DeLony for the record.
This is going to give us an answer. As I described to you back
in March when we talked about the long-range strategy and where
we wanted to go with either alternative, with IWT or with Brightstar,
I wanted to let that run and come back to you with a
recommendation. And this is providing us the necessary tools in
terms of consultants and legal advice to right that -- to get that
studied and evaluate and negotiate to come back for an eventual
decision.
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I do not believe we're at the point where we have a figure per
ton yet. We've got a proposal, but we have not negotiated that
proposal. This gives me the means to do that, based on your
direction back in March.
COMMISSIONER COLETTA: We're paying $35 a ton now,
$40 --
MR. DeLONY: But, sir, you know, we're not going to be able
to continue to do that.
COMMISSIONER COLETTA: I know that. And no arguments
from me on that. I've been --
MR. DeLONY: Yes, sir.
COMMISSIONER COLETTA: -- dealing with this garbage
Issue --
MR. DeLONY: Absolutely.
COMMISSIONER COLETTA: --long enough that I got a
pretty good understanding what's taken place with that.
MR. DeLONY: And I respect that, yes, sir.
COMMISSIONER COLETTA: We've got about 40 some
dollars a ton right now. If we went with the Brightstar one, they
estimate at $45, but we really don't know what that number is. It
could be sufficiently higher, it might be a little bit lower, but most
likely it's going to be higher. But it's not a proven technology.
The other one is $200 plus on the outset. So if we negotiate it
down to $100, we see an increase of over 100 percent to our garbage
rate. We're going to spend $65,000, is it? Is that what we're looking
at? How much money are we talking about?
MR. DeLONY: Well, this particular -- this deals with the
evaluation. This proposal is --
COMMISSIONER COLETTA: Well, how much is it?
MR. DeLONY: -- up to $230,000 for the fees and for the help
that I need to get this -- these for.
COMMISSIONER COLETTA: Well, I mean, these are fees for
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something that's already been done or something that's going to be
done in the future?
MR. DeLONY: Not necessarily, sir. Maybe I've done a poor
job in describing to you what we're doing here.
COMMISSIONER COLETTA: Keep trying.
MR. DeLONY: Okay, sir. First of all, this gives me the project
management assistance I need to prepare the proj ect management
plans, the principles of negotiations and the inner-progress reports
associated with making a decision Brightstar versus ITW, or, as you
might suggest, do nothing.
It also gives me the opportunity to prepare those public
information materials, as well as providing that public information on
demand to you, as well as the members of the public would have
questions about this particular action.
It gives me the assistance to evaluate the best and final proposal
request for both IWT and Brightstar. This is technical assistance and
guidance in our relationships with technical, financial, legal issues.
It also gives me the tools and the assistance that I need from
professionals with regard to contract negotiations such as the design
build, ownership, operations and financial agreement that will come
up with one of these two companies. The contract will be based on
how we allocate the risk between the county and that entity, ensure
that the county recovers its development cost, should the proj ect
never achieve substantial completion.
This would be considerable work in that the draft contract has
been prepared and has been reviewed to some degree, but we have
not completed the negotiations with either IWT or with Brightstar.
This helps me do that. And I'm not able to do that with in-house
staff.
COMMISSIONER COLETTA: Okay, Mr. DeLony?
MR. DeLONY: Yes, sir.
COMMISSIONER COLETTA: Ifwe authorize you to go
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forward and spend this money --
MR. DeLONY: Yes, sir.
COMMISSIONER COLETTA: -- what's our reasonable chance
we're going to come up with something that's affordable this
commission's going to agree to? That's my --
MR. DeLONY: If I didn't believe we were going to come up
with a feasible alternative, I wouldn't be in here asking you for the
money to do this.
Now, see, the alternative that -- the board direction that I'm on is
the alternative that we're not going to build anymore landfills. We're
out of the landfill business, except for the existing landfill. We've
done the -- we're doing a great job, we're going to continue to do a
great job to continue to divert as much away from that landfill as we
can in terms of reuse, recycling or other diversion. And I think
you've had a bit of a coverage on that from me previously in March
of this year.
But even at that said, we still have got a life cycle or an in-state
with regard to that landfill, 12 to 15 years, given our current
practices, or even best guess, somewhere along the road we're going
to run out of space. The direction from board for over two years now
is what is the alternative to that. The previous board and this board
has given me specific guidance to explore alternative technologies.
And I'm at the point now where I'm ready to sit down with these two
companies and provide that negotiations (sic) and see if we can get to
a price that is reasonable and affordable.
COMMISSIONER COLETTA: Mr. DeLony?
MR. DeLONY: Yes, sir.
COMMISSIONER COLETTA: I don't want to -- I'm sorry, am
lout of -- may I go ahead just for a moment?
CHAIRMAN HENNING: It's going to cost you a quarter.
COMMISSIONER COLETTA: Okay, I'll pay you later.
Mr. DeLony?
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MR. DeLONY: Yes, sir.
COMMISSIONER COLETTA: I'm really concerned about
what we're doing here today. I see an item that's very expensive, I
don't see any redeeming qualities left in it as far as -- I mean, as far
as doing something that's going to get rid of garbage, I mean, other
than finding a laser that can zap it to the moon, this is probably as
best as you could ever do, to a point, I mean. But the thing is is the
cost. The cost factor has got me really concerned.
I hear you, I hear you loud and clear, that you've got
negotiations to do, that you might be able to bring it down. You only
got one that's really a viable contender that we're going to be able to
negotiate with. The other one is -- has something that isn't working
yet, and it might be off in the distant future.
Meanwhile, we're going to spend good money pursuing this.
I've really got serious questions on it. You haven't removed those
questions that I have, you haven't answered them, and I've still got
my concerns.
MR. DeLONY: And I understand that, sir. I guess the end of it
. .,
IS, It s --
CHAIRMAN HENNING: Mr. DeLony?
MR. DeLONY: Yes, sir.
CHAIRMAN HENNING: Before we go to public speakers --
MR. DeLONY: Yes, sir.
CHAIRMAN HENNING: -- I just want to say, part of the
equation, what you need to show us, is what would it cost to -- for
another landfill? What would it cost -- by these technologies, what
we're doing is avoiding having to site another landfill. We're having
to avoid building -- constructing cells. So that's part of the equation
that you need to put into that when you come back to the Board of
Commissioners.
Commissioner Coletta brings up a very valid concern. But we
don't have that whole picture. But that's a part of this process, for
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you to show us the bigger picture of it.
MR. DeLONY: Sir, if I may, if I could just have a minute here,
I'd like to make sure that I understand.
The board has directed staff for over two years to go in this
direction. The considerations of another landfill were discarded at
the very beginning of that process.
CHAIRMAN HENNING: Correct.
MR. DeLONY: Now, do we want to reopen that in terms of an
alternative now?
CHAIRMAN HENNING: No, sir. I'm just saying as far as the
financial aspect, what Commissioner Coletta is raising --
MR. DeLONY: Yes, sir.
CHAIRMAN HENNING: -- if we don't go to an alternative,
then we need to go to landfilling, and we need to construct cells. So
you need to throw that cost in the equation as the comparable with
these -- the recommended alternatives. That's part of it.
MR. DeLONY: Yes, sir. And again, I believe, sincerely
believe, I am only following board previous direction --
CHAIRMAN HENNING: And you are.
MR. DeLONY: -- to my staff to go out and get an alternative
technology into the county that is a feasible alternative to no more
landfills. The no more landfill piece was where we began.
CHAIRMAN HENNING: And I'm not -- I heard you say that.
MR. DeLONY: Yes, sir.
CHAIRMAN HENNING: And I understood it. So I'm not
going to bring it up again. And we'll -- I'll talk to you later on and I
can tell you what I need for what Commissioner Coletta's bringing
up.
So go to Commissioner Coyle and Commissioner Coletta.
COMMISSIONER COYLE: I don't think that we can say at the
present time that none of these new technologies will work. I think
that's the objective of conducting this additional evaluation thatu
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you're suggesting is to determine if there is a way that they will
work, or is there a way that we can encourage one of these
contractors to participate with us in a way that transfers the risk to
the contractor and not to us. That's a very, very complex process
which requires substantial expertise, which we don't have and which
I think is a good reason for spending a couple hundred thousand
dollars.
The alternative, as commissioner chairman -- Chairman
Henning has suggested is we build another landfill. We already
know that's not an acceptable process, but certainly the cost of that
alternative would very well justify, I think, proceeding with what
you're proposing.
Now, my apologies to Bob Krasowski and his zero waste
concept, but that's not a concept that is likely to take us where we
want to go any time in the near future. And as I've said before, I
think it's a highly idealistic idea. I think it's a wonderful idea, but I
don't think we need to wander around in never-never land too long.
We've got to do something very, very specific to solve this problem.
And concerns about emissions from gasification are all very, very
important concerns. And the only way we're going to find out if we
can get there is to spend some money evaluating the technology and
exploring the contractual relationships.
So I think that we're being penny wise and pound foolish here
when we're saying we don't want to spend a couple hundred thousand
dollars to evaluate a technology that could save us hundreds of
millions of dollars over the future.
So I -- if we're going to say that we do not want the staff to
proceed along the path of evaluating the technology we've charged
them to evaluate, then what we need to do is say to the staff where
we want them to go. What do we want you to do next. If we tell you
we're not going to approve this, at the same motion we should tell
you to go out and buy another landfill. Because that's the only
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choice you've got, right?
MR. DeLONY: Yes, sir. Quite frankly, we've eliminated all
the other options up to this time over the last two years. You know,
haul-out would be one. For example, we contract air space at another
landfill within the state or somewhere and we haul out --
COMMISSIONER COYLE: Or air drop it in Iraq or someplace
like that.
MR. DeLONY: That would be okay.
The point is, is that the course of actions, or the proposals have
pretty much been beat down, and we're left with these requests for
proposals which we floated to the industry, you know, to the public
at large -- to the industry at large to say okay, we've got a problem,
we don't want another landfill, we don't want to haul it out, we've
worked real hard on managing our waste treatment in terms of
diversion. But that being said, we're still looking at a fine out-life of
landfill technology.
And when I brought this to you in March and asked that we
continue this process and take it to full fruition and let me bring this
back to you, in that package was to do exactly what we're suggesting
here. This is just a work order for Malkolm Piernie in this case to
provide the technical backdrop to what you all told me to go ahead
and do in March.
And I wouldn't be in here if I didn't think that it had an in-state
to it that was valuable and worked, the resources that I'm asking you
to approve on behalf of the solid waste customers of Collier County.
COMMISSIONER COYLE: Well, I'll just reiterate, then I'll be
quiet about this. If we don't approve the staff evaluating new
technology, then we have to redirect them to do something else, and I
don't know what that else is.
CHAIRMAN HENNING: Well, we just purchased 2,000 acres.
Commissioner Halas and then Commissioner Coletta.
COMMISSIONER HALAS: Yeah, I remember the item that
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was brought up on the agenda in March, and I thought there was not
just two, but there was about three different companies that were in --
that we were going to look at. I think right now we're down to two; is
that correct?
MR. DeLONY: No, sir. And again, in March I talked
specifically to two technologies and two companies, and that we
were going to start with IWT and see if we could come to fruition
with those negotiations, and I was directed to come back to this board
and provide you the input with regard to those negotiations before we
defaulted to the second lowest -- or second most responsive proposal,
and that would be with Brightstar. So we're just two.
COMMISSIONER HALAS: And then there was somebody else
that had -- I thought was involved in that where the cost per ton was
a lot lower than $200 a ton. Am I wrong?
MR. DeLONY: Just those two technologies. One of them -- and
it also gets back to how they responded to the RFP's that -- some of
the cost differences. And that was -- and I think -- hopefully I
explained that in March. And that's one reason why I wanted to go
ahead and continue with the negotiations, to make sure we'd actually,
you know, wrung out in a very, you know, proactive way, you know,
what each of these technologies could do for us both in terms of
handling our problem and doing it in a cost-effective way. And
given where we were in March, this was the next step that I needed
to go. And this provides the resources for staff to go that next step,
this particular work order.
CHAIRMAN HENNING: Commissioner Coletta, then
Commissioner Fiala.
COMMISSIONER COLETTA: Originally -- just so you
understand where we're coming, Mr. DeLony, we're not flighty,
we're not all of a sudden changing our mind in midstream. Facts
have changed.
When we were originally looking at this, we were looking at a
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cost of about $40 a ton for Brightstar. Great idea, everybody is
excited by it, and we started down that path with the idea they were
going to have proven technology on line in a short time. We were
also looking at a landfill that failed, and the odor was just
unbelievably bad. The area for five, six square miles around there
was continuously complaining about it.
Since then, through your efforts, Mr. Humez (phonetic) and of
course Jim Mudd, who's been very, very active on that, we've cured
that problem. That's gone away. There is no more complaints from
the -- about the landfill. I haven't heard one in over a year or longer.
But now we're dealing with an entity.
As far as the price goes, I can assure you that back when I went
to Australia to look at the Brightstar operation, if someone told me
that the cost was going to be $220, I'd have turned around and come
home at that point in time. I need to have something -- I'm just very,
very concerned. $232,000 is an awful lot of money, of the taxpayers'
money to, be spending on something unless we're pretty sure we're
going to have some proven results.
Can you tell me that you think you're reasonably sure we're
going to come up with something in the end that this commission's
going to commit for?
MR. DeLONY: No, I cannot do that. That's the purpose of me
doing the study, to get to that point so you can make that decision. I
can't -- I'm not going to predetermine the decision until I've done the
science and the economics and the legal work associated with
making a recommendation or not. So I can't.
But I have to have the tools that this work order gives me to get
to that point, sir. You know, this is the course of action -- and I'm not
-- please, this is not me thinking you're flighty at all. I believe I'm
doing exactly what you all have asked me to do. And where -- the
stage where I'm coming in, say this is what it's going to take for me
to complete the task you've given us in terms of the resources that I
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think we need to come to final recommendation to the board with
dealing with either IWT or with Brightstar.
COMMISSIONER COLETTA: If this passes and you're right,
I'm going to apologize very profusely to you and tell you how wrong
I was. It's happened a couple times in my life; at least my wife tells
me.
MR. DeLONY: Sir, I would candor. I just want you to know
that we have to find a solution to our landfill situation. This is just
one of the items that we're going to probably talk about in the future
about getting there, and I just need the tools to do it so I can give you
the right science, engineering, economics and legal means to make
your decision.
CHAIRMAN HENNING: Okay, Commissioner Fiala. Then if
we can go to public speakers.
COMMISSIONER FIALA: I'll make my questions short, thank
you.
I too was nervous about the difference in $40 a ton or a 500
percent increase to 200. What's wrong with the Brightstar?
MR. DeLONY: Well, there's two things that I know of now,
and that's the reason I want to negotiate them a little bit more, to
make sure I understand it. But one of the concerns that we had in the
evaluation in the request for proposals was it was not scalable,
meaning that they were still doing a lot of research and development
on that technology. And we were concerned that it was not scalable
to full 150,000 tons per year, which is what the original proposal
described that they would put into force the first -- on the first
increment. So that was our concern.
So, you know, the price may be what it was, but we weren't sure
it was the price that it's going to be. But negotiations would give us
that. So we haven't been able to do that up to this date. Came back
to you in March and it's taken me from March until now to get the
right scope of services and the right demands and -- in other words,
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assembling the project delivery team in terms of science and legal
and technical people to give you a -- to do this negotiation, so I'm
interested in finding that out. That's exactly what I've asked you all
to give me the means to do here in this work order.
CHAIRMAN HENNING: Bob, if you would -- Bob Krasowski
and then Commissioner Halas, come back to him. Bob, thanks for
being here.
MR. KRASOWSKI: Sure. Hello, Commissioners. Again, Bob
Krasowski.
First let me start by stating that in the RFP's, request for
proposals, that were let out for the gasification -- and this is standard
boilerplate for all RFP's -- you have a number of opportunities here
to just walk away from this whole deal. So anyone who said that we
were locked into any kind of responsibility or commitment was
misinforming you. Just like you were misinformed on March 11 th,
or whenever that was last, that pyrolysis is the opposite of
incineration. Okay, remember you were told that. The person who
said that has no credibility left at all. So I think you should start
considering the information you're getting and realizing that things
aren't quite right here.
Commissioner Coyle, I don't need your apology, you should
apologize to yourself for not understanding. We had a zero waste
workshop in this county and all of you were invited and I didn't hear
either way from you whether or not you would attend or had an
interest. I provided you with a videotape of the main presentations
there. Zero waste is not dreamy pie-in-the-sky, it is the application
of a refined, designed, analyzed application of recovery -- materials
recovery techniques to the waste stream. And what they do that's
different from what we do now is they categorize the waste stream
along commodity types, then direct those commodities into the
recycling elements or the reuse elements that provides a court
(phonetic) for it -- and I won't elaborate it, because I don't want to
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use up my time. But in what I described earlier, as residential --
improvements to residential collection diminishes the amount of stuff
going to the landfill. 60 percent of the material going to the landfill
today comes from commercial. We could cut that in half so -- by
recycling, by diverting, by using incentives. You need a zero waste
expert here to speak to this as an option to broaden your
understanding and to open up your options, our options. Because
you're committing us, the taxpayers, to paying for this thing, okay?
Like you mentioned that you want to be -- protect us from risk.
Well, in -- whatever deal you pull with these two pyrolysis
operations, ultimately if you go forward with either one of them you
commit the county to deliver waste to support the activity that would
be the contract for 20 or 30 years. So no matter what, you're putting
us at risk. We pay for the facility, we provide the stuff, we pay for it.
Both the facilities pollute. The IWT proposal pollutes just like the
Brightstar proposal.
I could go on. But the zero waste people are serious
professionals. These are people that have worked in the field, have
been solid waste managers and directors in the counties where they
live. The main proponent was for 10 years the solid waste manager
in San Jose, California, and at that time that place was booming like
we are here. These are not flaky, pie-in-the-sky, dreamy people, and
I resent your characterization of this strategy.
Malkolm Piernie, I went up to Tampa a few weeks ago and
attended the waste energy conference of the Solid Waste Association
of North America. I got permission to go. Sat in there. And there
was Steve Schwartz promoting pyrolysis. He is a pro pyrolysis
promoter of -- support of that industry. It is his business. We need
an independent free-thinking analysis of the overall picture, or we
need something that provides us with an alternative view to balance
our understanding of what's available to us.
What Mr. DeLony was saying about it's either pyrolysis or
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nothing is totally wrong. He is wrong. If he believes that, he is
wrong. If he is promoting, along with Malkolm Piernie, pyrolysis, for
whatever reason, then he should state that.
But we need an alternative point of view developed by
professional people, not by some citizen advocate who just happens
to be following this issue over time.
So I would like to see you do that. If you don't do that, the
citizenry should know that you are not taking an open-mind
comparison and listening to various sides by professionals, and that
you're under the influence of Malkolm Piernie and the county in their
position. And I believe --
CHAIRMAN HENNING: Sir, your time is up, thank you for
your opInIon.
MR. KRASOWSKI: Yeah, thank you for listening.
COMMISSIONER COYLE: Bob, before you leave, can you
give me a ballpark figure of the number of times you have appeared
before this Commission and me personally to go over the zero waste
issues over the past year and a half?
MR. KRASOWSKI: A whole bunch.
COMMISSIONER COYLE: A whole bunch.
MR. KRASOWSKI: Yeah.
COMMISSIONER COYLE: You've done it over and over and
over and over --
MR. KRASOWSKI: Sometimes that's what it takes.
COMMISSIONER COYLE: -- and I don't know that there's
much more you can tell me that will make me understand it any
better --
MR. KRASOWSKI: You should have come to the workshop.
The professionals could have told you. Don't listen to me, listen to
them.
COMMISSIONER COYLE: And as I understand, even the
professionals disagree with you on some of those issues.
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May 13, 2003
MR. KRASOWSKI: It's complex, sure.
COMMISSIONER COYLE: Yes, it is a very complex issue.
MR. KRASOWSKI: And what are the issues? You want to say
what they are, or you just want to character --
COMMISSIONER COYLE: No, what I would like for you to
understand is that there are people who believe in certain other
concepts just as strongly as you believe in your concept.
Now, we're not in the business of just flipping a coin and
deciding that we'll select one or the other. We want to research these
things.
MR. KRASOWSKI: Good.
COMMISSIONER COYLE: You say that pyrolysis is bad. We
want to determine why it's bad, if it is bad. And if it is bad, is there a
way to fix it.
MR. KRASOWSKI: You're going to spend a quarter ofa
million dollars --
COMMISSIONER COYLE: Bob, excuse me --
MR. KRASOWSKI: -- on a $20,000 project. They've gone way
beyond, way beyond --
COMMISSIONER COYLE: Just send him home.
CHAIRMAN HENNING: Your time -- thanks for being here.
MR. KRASOWSKI: Okay. Well, you know, I didn't even get
to talk.
CHAIRMAN HENNING: You can sit down. Thank you.
COMMISSIONER HALAS: I just wanted to ask Bob one other
question. What are you suggesting -- I'm sorry. What is your closest
estimate per ton for recycling? Because it seems to me this would be
very labor intensive. That's just my view of this on the outside. And
can you tell us about what do you figure it would be per ton?
MR. KRASOWSKI: The strategy applied by zero waste people
is they take the existing budget and then you pay for what you want
and don't pay for what you don't want. They said we spend $14
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million a year on solid waste here. They said within the $14 million
COMMISSIONER HALAS: I'm talking about ton, how much it
would --
MR. KRASOWSKI: Yeah, I know. I can't translate it to that.
COMMISSIONER HALAS: That's what our argument is right
now, and that's one of the concerns that we have with all the board of
commissioners. We're talking a couple hundred dollars a ton and
we're trying to look at technologies that hopefully will bring it down
to where it's manageable, maybe like 45 or $50 a ton, okay? That's
what we're looking at I think in the whole outlook, the whole big
picture.
MR. KRASOWSKI: And I wish I had more time. I don't.
Because I'd like to address it. But the key is to bring in someone of a
different mindset, somebody new, different ideas --
CHAIRMAN HENNING: We heard that, thank you.
MR. KRASOWSKI: Okay. Thank you very much.
CHAIRMAN HENNING: Okay, any further discussion?
Entertain a motion.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: I just hope that when we -- when
Mr. DeLony goes out and proceeds to look at all these different
technologies, this gasification or whatever it may be, that we can get
the biggest bang for our buck. And I believe that you're the person
that will deliver this. And that the thing that's the most concerning is
that we want to make sure that the people in Collier County are
getting the biggest bang for their buck as far as when we look at the
garbage situation here.
MR. DeLONY: Yes, sir.
CHAIRMAN HENNING: Thank you. There's a motion by
Commissioner Coyle, second by Commissioner Fiala. Seeing no
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further discussion, all in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Commissioner Coletta descending
(sic) .
Item #llA
PUBLIC COMMENT-BOB KRASOWSKI REGARDING
Next item is public comments of general topics. Do we have
any --
MS. FILSON: Yes, sir, we--
CHAIRMAN HENNING: -- speakers?
MS. FILSON: -- have one under public comment. Bob
Krasowski.
CHAIRMAN HENNING: Okay, Mr. Krasowski.
MR. KRASOWSKI: Hi. Let's see, the public utilities
commission -- committee's leaving.
I had one other item under the consent agenda below this item
that we just discussed, which was originally tried to slip through
under the consent agenda without any discussion. There is an item
that requests your permission to go ahead and sell the landfill fans
that were bought for the tune of $125,000 some years ago for the
purpose of circulating the odoriferous air at the landfill.
Well, after they bought these fans they learned that in order to
set them up at the landfill, you would need enormous concrete
anchors, bases to put them on, so that they could operate. And that
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would cost another $125,000. So the whole thing was supposed to
cost $250,000. And then you'd have the problem, you'd have to
move the fans along as the area where the odor was generated
moved, as the landfill was developed.
Well, I sent you an e-mail and made this point, but I want to
make it publicly, because you're doing it all over again. Those
landfill fans represent an inadequate analysis of what you're doing,
okay? And the county went and spent $125,000, bought these fans
and then tried to figure out how to put them into place. The same
person that was responsible for advocating the purchase of those fans
was involved in advocating the incinerator of 1985 and advocating of
pyrolysis incineration of today. So to the extent you're influenced by
those people, or that person, it's unfortunate.
So it was voted on in the consent agenda you're going to put
those fans out for auction or something like that. But I hope you
learn something from this and see that it's good to have multiple
input, multiple comparisons of processes when you select -- when
you spend money for the county. A quarter of a million dollars was
just spent on a $20,000 negotiation deal. All the other stuff is pro
pyrolysis by Malkolm Piernie.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Bob, have you -- are you in a
position to submit some kind of a proposal to us with the cost per ton
for your program?
MR. KRASOWSKI: If you wanted something like that, I could
-- I know people. The people that visited here, there were like three
or four different consulting firms. They -- I could tell them that
you're interested and they could submit through me. But I have
sworn off any kind of economic involvement, so I would facilitate
that, as that would be an excellent thing, yes.
COMMISSIONER COYLE: So at the present time, you're
proposing that we adopt your plan for which we have no idea about
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cost.
MR. KRASOWSKI: No, that's not entirely true. I'm proposing
that you hear from people who have the level of expertise and
professional experience to represent an alternative to what you're
considering now and spending tons of money on, with the proviso --
COMMISSIONER COYLE: But didn't you do that during the
charette? You've had the chairman, you had the county manager,
you had other people there. Didn't they present that information at
that point in time?
MR. KRASOWSKI: They didn't get into the economics. They
did the overall plan. The county manager was not at the charette. It
was four sections. The workshop was attended by Commissioner
Henning; we're very appreciative of that. He left before the
economic review of Dr. Morris; is that not correct? And then the
next day, in the morning, session three, Commissioner Coletta sat in
and talked. And we did talk about certain aspects of the application
of the different diversion strategies, and then the design charette part
was just kind of like a hodgepodge of ideas, writing down what kind
of plan -- you know, and being that we didn't have any -- I didn't
have any money, it's taken me a while to put that plan together.
COMMISSIONER COYLE: Well, that was your charette, you
planned it --
MR. KRASOWSKI: Yes, that's right.
COMMISSIONER COYLE: -- and our people participated in it.
MR. KRASOWSKI: Yes.
COMMISSIONER COYLE: We've already recognized, and
you verified this earlier today, that our staff has in fact begun to
implement many sound measures with respect to waste management.
MR. KRASOWSKI: Yes.
COMMISSIONER COYLE: You said that earlier today.
MR. KRASOWSKI: Yes. But it falls far short of going -- and
it's leaving you in a --
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May 13, 2003
COMMISSIONER COYLE: Bob?
MR. KRASOWSKI: -- position where you --
COMMISSIONER COYLE: Bob.
MR. KRASOWSKI: -- have to go to gasification.
COMMISSIONER COYLE: It falls far short of where you want
us to go, okay?
MR. KRASOWSKI: See, I don't understand your line of
thinking. We don't think the same way.
COMMISSIONER COYLE: Thank goodness.
MR. KRASOWSKI: Oh, yeah? Well, that's an insult. I don't
know why.
COMMISSIONER COYLE: But what I want to point out to
you --
MR. KRASOWSKI: I don't know why you're motivated to try
insult me like this in public.
COMMISSIONER COYLE: -- again is I would like for you to
understand that there are multiple concepts of how we deal with this.
You don't like gasification. You're asking the Board of County
Commissioners to get in the process of devising technology and
procedures to handle waste. It's very difficult for us --
MR. KRASOWSKI: It's your job.
COMMISSIONER COYLE: It's our job --
MR. KRASOWSKI: You give the direction.
COMMISSIONER COYLE: Okay, Bob, you're right, we just
don't think alike. Thank you.
MR. KRASOWSKI: But, sir, you give the direction. You--
COMMISSIONER COYLE: Thank you, Bob.
CHAIRMAN HENNING: Your time's up, thanks.
COMMISSIONER COYLE: Thank you very much.
Item #12B
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May 13,2003
PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR
ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN
IN TWO CODE ENFORCEMENT LIEN FORECLOSURES
ENTITLED COLLIER COUNTY V. ANTHONY J. VARANO,
CASE NOS. 99-4226-CA AND 00-3430-CA - APPROVED WITH
CHAIRMAN HENNING: Next item is 12(B), staffs
recommendations to rej ect a proposed settlement agreement of
providing for abatement of violation of (sic) compromise of lien of
two code enforcement liens foreclosure, entitled Collier County
versus Anthony Varano.
MS. CHADWELL: Yes, good afternoon, Commissioners. I'm
Ellen Chadwell, I'm assistant county attorney, and I'm in the
unenviable position today of presenting the last two agenda items on
your agenda.
This particular item is -- arose out of two Code Enforcement
Board liens that were imposed upon Mr. Varano's properties. He
owns two properties in Collier County.
You may recall, most of you heard this -- heard a
recommendation from staff over a year ago. That proposed
settlement at the time is attached as part of your agenda item. We
were recommending that the board approve a settlement that would
have compromised roughly a million dollars worth of liens for
$25,000 and allow the property owner to sell one of the properties,
use those proceeds to pay us some, clear the violation on the second
property, and then ultimately resolve the lien issues.
That was rej ected by a vote of the board, and we went further
with negotiations, and now we've taken a couple of steps back in
negotiations, and we're here presenting their offer, which is that the
same type of arrangement be approved by the board, but that the
property owner in this particular instance now is only willing to pay
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the county's costs, which, according to our estimation, is about
$8,500. That includes our office's costs in filing the two lawsuits and
effecting service, and getting title searches and things of that sort,
and also includes the prosecutorial costs that were incurred by the
code enforcement staff in prosecuting these matters years ago.
At this point, in light of the board's prior decision last year, I
don't feel that it's appropriate, nor am I willing to recommend that
you approve this particular settlement, and that's why we've come
forward with (sic) you with the recommendation that you reject it at
this point in time.
I do believe the attorney for Mr. Varano is here and would like
to present his client's position to the board. There are, enclosed in
your materials, an affidavit from Mr. Varano with some attachments.
And, well, I'll let him present his side of the case to you so you can
make an informed decision. Thank you.
MR. BLUESTEIN: Jeff Bluestein, from the law office of Mark
Shapiro, representing Mr. Varano.
This was in front of you before last year. However, at the time I
believe the -- Ms. Chadwell, correct me if I'm wrong -- the total
settlement offer was something like $25,000; is that correct?
MS. CHADWELL: Urn-hum.
MR. BLUESTEIN: At that time the county attorney was
recommending that that settlement be approved. I wasn't around, so
for whatever reason, it was not.
Having gone through that process, one of the big concerns I
think in this issue, or this case, is Mr. Varano's condition and wealth.
And in some degree to how this whole thing started.
Mr. Varano does have two properties. That is all he has in
Collier County. As far as I know, that is all the real estate he has,
period. He is currently renting a trailer to the tune of $400 a month,
something like that. It's in the affidavit.
He suffered a severe accident, I believe maybe somewhere in
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the Eighties. He's completely and permanently disabled. During that
time he did own these properties and he was building a house. As a
result of the disability he could not complete the house. In addition,
he was collecting some cars on some property that he was assured by
a number of attorneys was zoned for keeping those cars.
Due to the disability, and there's -- a copy of the workers'
compensation judgment is included in the exhibit -- Mr. Varano let
stuff go. I mean, he didn't have the money. I mean, his income, I
believe beginning, I want to say, somewhere in the mid Nineties,
went from a reasonable income to a fixed income of 600 --
something like $600 a month. That's also in the affidavit.
His wife works at Publix and Wal-Mart. You have actually a
copy of their tax returns. They've had like zero taxable income for
the past three years. This is not a man of any significant wealth.
That being said, we are back here because we were with the
recommendation that county attorney, my associate, Mark Shapiro -_
I shouldn't say assumed, but was confident that this would be
approved last year at 25,000.
We have produced significant documentation now, which we
didn't believe was necessary then, to show that Mr. Varano probably
isn't even at the poverty level. These are the only two items of value
that he has are these two properties.
We have proposed a settlement agreement whereby the county
is at least compensated for the expenses in prosecuting this claim.
And it's my understanding, and I could be wrong here, but the biggest
concern the county has is clearing up the violations. Mr. Varano
does not have the means to do that and hasn't had the means to do
that for some time. In fact, Mr. Varano recently, just recently, has
been able to pay the property taxes on one property. On the other
property, he's three years behind, and I actually submit to you, there's
a chance that that property will be sold at tax sale and the county will
be foreclosed before this -- foreclosed from this proceeding before it
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ever brings the -- ever gets the sale on a foreclosure action. So you
may lose that one altogether.
But again, it's my understanding that the first priority is that the
violations are cleared. Since he does not have -- clearly does not
have the means to do that currently, one of the houses -- or one of the
properties is under contract for sale, and believe it or not, has been
for something like a year and a half. For whatever reason, the buyer
has been extremely patient. Although they're not going to buy the
property with a $580,000 lien on it where the contract for sale price,
which is a fair value of the property, is 130,000.
Mr. Varano would agree to pay the costs to the county out of the
proceeds from the sale, and would agree to, within a reasonable time,
eliminate the violations on the second property from the proceeds of
the sale again.
CHAIRMAN HENNING: Do you have any ques--
Commissioner Halas has a question. Commissioner Fiala has a
question. I'm sorry, ladies first.
COMMISSIONER HALAS: Okay, ladies first.
COMMISSIONER FIALA: Oh, okay. Yes, I had a few.
Number one, this gentleman came to my office and told me that
on the property over there off Pine Ridge, he said he had antique
vehicles there, and then that their eight trees had grown up and they
had become a violation because they were exotics. And he seemed
so earnest, so I went over to see the property and was quite appalled
at what actually met my eyes, which was -- it's just old abandoned
vehicles with hoods up and rusted and it's awful looking. And so
much overgrowth, I don't know how anybody would actually be able
to go in there and clean it up.
Then I read very carefully what he says, and he says he lives in
a trailer which he purchased 12 years ago and pays $412 a month in
rent to -- I guess for the land underneath it. Yet he says he has a
property physical address of Fifth Avenue Northwest, which is also
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May 13, 2003
his residence, completely different residence than the one he's living
at. And so I --
MR. BLUESTEIN: He has a mailbox there. That's it.
COMMISSIONER FIALA: Well, he says in his statement here
that he lives there. "Which is also my residence." That's what he
said. And here he says I live in this trailer. Then on No. 21 he says
then he'd have no place to live, yet he eXplained to me in my office
that he lives eight months a year up in New York. So I'm trying to
figure out where all this goes, and I don't have any answers.
CHAIRMAN HENNING: Commissioner Halas --
COMMISSIONER HALAS: I also--
CHAIRMAN HENNING: -- then Commissioner Coyle.
COMMISSIONER HALAS: I also -- this gentleman also came
into my office and discussed to (sic) me about his problems he had
here. This has been going on since I believe 1995? He told me that
he also had a 1916 Model-T Ford. And I says, is it restored? He
says, oh, yeah. So obviously this gentleman, he claims he doesn't
have any money, he claims he doesn't have any stock in the banks.
Now, I'm just wondering if this is an off-shore bank. Because his
wife went out, and if my memory serves me right, she ran a deal
whereby it was a flea market, and lost about 33 to $34,000 over two
years' time. And he claims that he only has an income of $580 plus
the amount of money that she makes working at W al- Mart and also
Publix.
My big concern is that this has been going on for a period of
time. And obviously you're looking forward to getting paid, too. I
don't think you're doing this free gratis. So I can't understand how
this person can acquire your professional service and for up to over
$20,000 and whereby he won't even take any initiative. I'm sure he's
got friends or somebody to take care of both of these properties for
the last -- since 1995, one of them, and I think the other one started in
1998.
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May 13,2003
I realize that he has some problems, but it seems to me that if he
really was -- really wanted to do something about this thing, he
would have addressed this a long time ago and would have taken care
of this.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I'll make a motion that we accept
staffs recommendation to disapprove the settlement.
CHAIRMAN HENNING: And I'll second that motion.
MS. CHADWELL: Could I make a comment before you go
forward with a vote on that? Because as an attorney, I am obligated
to present an offer to my client, and I would like to proceed with the
motion for summary judgment and try to resolve this litigation. I
would like the board to direct me, if they feel that it's appropriate, as
to rej ect any future offers up to a certain amount so that we're not
back in here next month when he comes back with a $26,000 offer.
COMMISSIONER COYLE: Where did we start out with
offers?
MS. CHADWELL: We started at 25,000.
COMMISSIONER HALAS: And that was a year ago?
MS. CHADWELL: It was a year ago.
COMMISSIONER COYLE: And that's what we offered?
MS. CHADWELL: Well, we were recommending to the board
that we resolve it for the payment to the county of $25,000.
COMMISSIONER COYLE: My motion would be that you not
accept anything less than 50,000, or we take it to summary judgment.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN HENNING: Well, I made the motion--
COMMISSIONER COYLE: Oh, sorry.
CHAIRMAN HENNING: I didn't make the motion, I seconded
the motion. So I was just stopping and thinking about it.
And I guess I'll -- you're pretty firm on that, I heard it in your
motion, so I'll second the motion.
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May 13,2003
COMMISSIONER COYLE: I'm tired of dealing with this.
CHAIRMAN HENNING: Any further discussion?
COMMISSIONER COLETTA: Yeah, if I may. What's the
chances of settling this at 50? Are we past the threshold that's going
to force this thing to go all the way to the end where we end up with
the properties at 50?
MS. CHADWELL: Well, the problem, and they're correct in
that, unless he has the money to cure the violation, he's upside down
on both of those properties right now because of the size of the liens,
so -- and he can't probably sell that property without the county's
cooperation, because no willing buyer is going to take on that
concern without having some assurance from the county that they
can cure the violation and develop that property.
And if we go forward with foreclosure, we will have to cure
those violations or sell. The commercial property has numerous
vehicles, old vehicles. I don't want to say derelict, but -- because
some people believe that they might be valuable classics, and I
haven't assessed that.
But they can always -- they can always come back to us with the
offer. It's just a matter of the proceeds -- the 50 -- say if they came
back with $50,000, that would come out of the proceeds of the sale in
part. You know, the way -- he's got a contract to sell that residential
estates property for $130,000. They've said they've got 14,000
closing, the backs taxes are 11-5, we've got 2,000 assessment,
attorney's fees 20.
MR. BLUESTEIN: I believe he just paid the taxes on that, on
the residential, not --
MS. CHADWELL: I took off --
MR. BLUESTEIN: Okay.
MS. CHADWELL: -- for that tax.
So he's still got -- if he were to pay us 35,000 at that closing, he
would still have $47,000 to do something with, meaning to cure the
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other violation on the property.
The way that we have structured the settlement is that we'll take
some of it -- we'll even allow you to escrow some of it on the first
closing. When they cure that violation, we get our money, we
release your lien, and then in the interim you're curing the violation
on the other property.
COMMISSIONER HALAS: When we do the same--
MS. CHADWELL: When that is satisfactory and you pay us
the second installment, we'll release that. So he could conceivably
come back with $50,000, we could structure it 25 now, 25 at the time
he cures the other violation. He gets to pocket some of the $50,000
and he gets a piece of property. He retains his ownership rights to
his commercial piece.
But he has to be willing to come forward to settle it for the 50.
So is there a prospect? You know, certainly. From our prospective,
there's the ability to do that.
COMMISSIONER HALAS: We ought to put also in there that
upon sale of the one piece of property he has a time frame that he has
to complete cleaning the other property up and it has to be done
within a certain time frame.
MS. CHADWELL: We have 60 days in the agreement.
COMMISSIONER HALAS: Great.
CHAIRMAN HENNING: Okay? Seeing no further discussion,
all in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 5-0.
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Item #12C
STIPULATED FINAL JUDGMENT AS TO PARCEL 909 FOR
$51,000 IN COLLIER COUNTY V. JESSIE M. DURDEN, ET AL,
AND PURCHASE OF REMAINDER PROPERTY FOR $214,000
Next item is 12(C), approve a stipulation, final judgment for a
parcel 909 for the amount of $51 (sic). Jessie Duram (sic). Purchase
the remainder of the property. This is for the Santa Barbara force
maIn.
I'll make a motion to approve.
COMMISSIONER COYLE: Second.
Is there going to be a condition?
CHAIRMAN HENNING: Yeah. And there's -- for an
additional 214,000, for a total cost of 265. I guess I just needed to
finish that.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 5-0.
MS. CHADWELL: Thank you very much for your time.
CHAIRMAN HENNING: Well, thank you.
That's it. Are we done?
MR. MUDD: Yes, sir. Except for staff and general
communication.
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May 13,2003
Item #15A
CHAIRMAN TO SIGN LETTER TO GOVERNOR REGARDING
CHAIRMAN HENNING: Mr. Weigel, do you have any closing
comments for today?
MR. WEIGEL: Very briefly. And I appreciate your thought
and discussion on that last item.
On behalf of the Chairman and for the board, to inform the
board, there has been prepared a draft letter to go to the Governor's
board of trustees pertaining to a potential May 28th meeting of the
Governor's Cabinet and the board of trustees with their Everglades
restoration concerns.
Mr. Chairman has brought back to the board previously his
report as to the meeting that he and the county manager and I had
with this group -- I should say with the sub-group for this cabinet
board of trustees. And the four questions that remain have been
answered in draft form in the form of a letter to be electronically sent
with the signature of the Chairman. I think copies have been made
available for the board to review from a timing standpoint. Today
being the 13th, and the 28th two weeks away, it would be good if
they received the questions and answers and perhaps didn't require
the meeting, which is I think on a -- possibly on a board day.
With that, I just wanted to bring it to the attention of the board
for their discussion, approval, so that it might be transmitted under
signature of the Chairman.
COMMISSIONER COYLE: This letter you're referring to is
something that was recently prepared and sent out?
MR. WEIGEL: It's just prepared, not sent yet.
COMMISSIONER COYLE: Oh.
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May 13,2003
MR. WEIGEL: It's being --
COMMISSIONER COYLE: I mean sent to us.
MR. WEIGEL: Well, it's being sent from us to the Governor's
board of trustees, his Cabinet. And it's a response to the -- call it the
under-staffs questions about the Everglades restoration.
COMMISSIONER COYLE: I just haven't seen the letter, that's
the reason. Should I have gotten it by now?
MR. WEIGEL: Well, I think maybe just.
MS. FILSON: It's in your mail.
COMMISSIONER COYLE: Okay. All right.
MR. MUDD: Commissioner, the four questions that remain are
four of the original seven, okay, which you've already seen a draft
for. Okay, so the answers to those four questions are pretty much the
same. We've had some additional information that's been provided
by the clerk, so we put that information in there.
It basically comes to the point in time that the whole issue
pertains to how the Florida Department of Environmental Protection
talks to counties, may it be the tax collector, the property appraiser,
the board of county commissioners, the county manager or anybody
else, and let's them know what parcels are going into eminent
domain, okay?
And the way it works right now, and they just started to fix it,
because we've got after-the-fact notices on 15 parcels or 15 packets
that equate to 350 property owners, okay, that have been done in the
past, and they finally gave us the packet which I gave to the tax
collector and I gave to the property appraiser and to the clerk of
courts. They still have 350 eminent domain actions to do yet.
The way they have done them in the past is they sent a letter to
the property owner and notified no one else, but expected everyone
else to change the way they do business, may it be a tax sale, a split
to a property or whatever. Everything that you have is a person that
has property rights in the State of Florida, and expected us to change
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the way we do business, not knowing what they had -- actions that
they had done. And we're trying to rectify that.
So one of the things that we suggest in this letter for the
Chairman's signature, and it's a very big item, that one of the items
that be added to this agenda is how the Florida Department of
Environmental Protection communicates with counties about land
acquisitions for the Everglades restoration project. Because it's
obvious to us as a county that there is a severe lack of
communications for something that's that important to the Governor
and the United States of America as one of the largest environmental
projects. So that's one of the things.
And then bottom line, we have the Chair basically asking the
board of trustees if our answers aren't good enough and they still --
and we still must be there on the 28th, we look forward to that
particular dialogue.
But again, the four questions that are in there are the same -- are
four of the seven from before. They've basically deleted three of the
seven questions. And that's what we basically talk about.
Now, tomorrow that staff is meeting to discuss the agenda. And
I plan to send a draft, not signed, to the staffers from the Florida
Department of Environmental Protection so that they will have our
answers in this particular letter so they can discuss the agenda items
for the 28th.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Did you include the proposal
about how to settle the issue on the roads?
MR. MUDD: Absolutely not, sir. Because they never even
asked it as a question, nor -- it's only been insinuated by the staff and
never directly asked of this county by anyone in Tallahassee.
COMMISSIONER COYLE: Is it something we want to broach
to them in writing? And is -- are all the commissioners aware of the
proposal?
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May 13,2003
MR. MUDD: No, sir. Because I have a preliminary meeting
with the Florida Department of Environmental Protection on the 5th
of June to talk about this proposal to see if it's even feasible in their
eyes.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: Commissioner Coyle, my
observation -- and I don't mean to jump in --
COMMISSIONER COYLE: That's all right.
CHAIRMAN HENNING: -- on you.
What's happened is FDAP has made a lot of allegations --
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: -- that, you know, they're not true.
There's always another side of the story.
I'd, you know, be glad to answer their questions. They have
alluded to a letter they sent to the Chair of last year, and I've asked
for it continually, for that letter.
COMMISSIONER COYLE: I have, too.
CHAIRMAN HENNING: And they haven't received it. So I
think this board has always been willing to work with the State of
Florida, but the State of Florida has a lack of communication. And
communicate with us what you need and we'll address it. It might
not be what they want, but we'll address it. And I think some of the
ideas that's been floating around is a great resolution.
We'll get there some day, but I think the Governor needs to
know what his departments are doing and not doing.
And I'm sorry, I didn't mean to jump in.
COMMISSIONER COYLE: No, that's all right. You did it
perfect. Everything's okay with me.
MR. MUDD: For the other Commissioners, just we've talked
around an issue and there's something that I've been thinking about.
One of the things that we've been trying to do for the longest time,
and I know Commissioner Fiala, when we tried to talk about a
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transportation mitigation bank, are we sending the monies out of
county, in county, I wish we'd have one in Collier County. I also
know that the state's having budget problems and that's why they're
having this special session with everybody recalled, to try to balance
their budget. So they have problems.
This particular South Golden Gate Estates project has cost more
than they had estimated, so they're strapped. There's only $100
million in the state budget, at least last year for the Everglades
restoration project. There's 287 miles of road that they're talking
about enveloping in this project, which equates to some 2,307 acres
of land.
And the proposal that I'm thinking about and trying to have
dialogue with the Florida Department of Environmental Protection is
the start of mitigation bank with those 2,307 acres, or whatever other
roads we need, Commissioner, and that's why I need to have them
put some stuff on what roads they're going to need, to make sure that
we have those particular areas to have a mitigation credit bank. And
this way it's a bank we could go to when we need to mitigate on a
road proj ect in the future in order to get some kind of value out of the
roads.
And based on your comments to me prior, it was a workshop in
January, we basically said we're not going to give the roads up for
free. This would not give the roads up for free. It would be a future
cost, which would be more than today. And staff estimates that if I
had to build those roads in the condition that they are today with the
bridges, it would cost us some $75 million. So we're not talking
about a small piece of change either.
CHAIRMAN HENNING: Commissioner Coletta, then
Commissioner Coyle.
COMMISSIONER COLETTA: Yeah, we have to always keep
in mind the fact that there are still people who live out there off Sable
Palm Road that need to have access to Miller Boulevard to be able to
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get off. And if -- we can't bargain that away. We're going to have to
make sure that the state provides access for these people. We can't
leave them stranded. I think we owe it to them to make sure no one's
left behind.
Also, too, don't forget about the traditional uses that have been
taking place in the Picayune for years. When these roads are closed
off, all well and good how we're going to divvy up the money, but
still you're going to lose access to a resource. And if you don't have
something in the way of a road system of some sort, you're actually
denying access for people to be able to get back there. Only the 20 --
people that are 20 years old or younger might be able to walk back in
there.
To be able to maximize this resource without hurting it, you're
going to need a certain amount of roads at all times. I kind of hope
that we're always looking at that direction when we come to a
settlement. Up to this point in time, even though I've been promised
by the people from the Governor's Cabinet that the forestry would be
coming in to meet me, that has not happened. It's just one of those
things, you know, where you've been fluffed off continuously. My
questions, my numerous phone calls and e-mails, never got any
satisfactory answers. Weare about to lose the resource -- these
people are under the assumption that they're going to do it regardless
of what our needs are or what our wants are here in Collier County.
And whether we own it or not, they're still going to go forward. So
always keep in mind those other particular things: The rights of the
people that still live out there to access their land and their homes,
they have homesteads out, and the right for traditional uses.
MR. MUDD: Commissioner, I'm not going to agree to anything
until it comes back to this board and everybody is satisfied with it.
I'm just in a preliminary dialogue trying to find a win-win situation
for everybody, the taxpayers of Collier County and the taxpayers of
the State of Florida.
Page 210
May 13,2003
CHAIRMAN HENNING: Commissioner Coyle, then
commissioner Filson ( sic).
COMMISSIONER COYLE: Yes, just a couple of background
comments concerning that.
The argument that we as a county should work closely with the
state in restoring the Everglades is a sound argument. There's
absolutely nothing wrong with that argument. And their desire to
want us to give them these roads of course makes sense, I guess,
when they're talking about cooperation between two governmental
entities. But when we are getting hit with an increasing number of
unfunded mandates by the state government, it's a real hard sell to
turn around and say we're going to give you tens of millions of
dollars worth of roads.
Now, the thing I think we have to anticipate is even if it is
possible to work out some kind of an arrangement like this, there's
already an indication that they don't want to do it on a one- for-one
basis. They want to argue that well, the road isn't pristine
mangroves. And my argument is well, neither are those 20 or 30
yards on either side of Immokalee Road that have to be mitigated.
Those aren't pristine mangroves either.
So if you want to start talking about what's pristine and what's
not pristine, then we can negotiate on that basis. So we've got to
keep those things in mind, because remember one thing is that when
they're talking to us, they're talking to us individually. Because we
can't go up there en masse and sit down and talk with them. So keep
that in mind when you're talking with people about that issue.
And by the way, there's nothing in that proposal that Jim Mudd
described that precludes us from saying you've got to retain certain
roads so people can get access. We can do both.
But I think it's a really good idea. And I've talked with Mike
Davis. If it turns out to be a legislative issue, he's committed to
sponsoring legislation necessary to permit us to do this next session.
Page 211
May 13, 2003
So the big danger here is, and I think the county attorney can
probably advise us on this more than anything else, is if they
condemn them. I don't know what the value really is under those
circumstances. Probably not much.
So it's something I think we've got to be very careful about.
CHAIRMAN HENNING: Sue?
MS. FILSON: I just wanted to give the Commission a brief
update on the revenue commission. As you know, on March 11 th --
CHAIRMAN HENNING: Well, we're not done with this item
yet.
MS. FILSON: Oh, okay.
CHAIRMAN HENNING: I'll come back to you.
MS. FILSON: Okay.
COMMISSIONER COYLE: Next week.
CHAIRMAN HENNING: Let me finish with the county
attorney.
I received a message, voice mail message from Representative
Davis, stating that he got word for each property that sold on there,
the county does receive money.
COMMISSIONER COYLE: Each what?
CHAIRMAN HENNING: Each property down in the Picayune
or Southern Golden Gate Estates, the county does receive money.
And I think he's talking about doc. stamps or something? I'm not sure
what somebody's trying to tell him.
And I'll try to clean up what I was going to say, but it sounds
like somebody is trying to pull the wool over one of our
representatives' eyes.
Does anybody know that we receive money above and beyond
whatever we receive through taxes?
MR. MUDD: When you do a land transfer, you have to pay --
COMMISSIONER HALAS: Doc. stamps.
MR. MUDD: -- you have to pay doc. stamps.
Page 212
May 13,2003
MR. WEIGEL: I don't see that as any revenue source to the
county.
CHAIRMAN HENNING: Okay.
MR. WEIGEL: We'll have to check that out.
CHAIRMAN HENNING: Now, you want to approve this letter;
is that what you're saying?
MR. WEIGEL: Well, I wanted -- this is -- as Jim so clearly
stated, this is the second response to the first response to seven
questions that the board endorsed. And this is just a follow-up. But I
thought it would be good to have a discussion and the Chairman have
an endorsement of the board to send this letter.
So by consensus, or however you'd wish to kind of poll the
board I think would be fine for this. Sounds like you've pretty well
done it anyway, maybe, but --
CHAIRMAN HENNING: I see two nods over here. I see a yep
and a nod, so that's sufficient direction.
MR. WEIGEL: You have done it.
I have reviewed the letter for legal sufficiency and consent. I
think it's a fine letter, just to add that to the record.
Item #15B
CLOSED SESSION SCHEDULED FOR BOARD OF COUNTY
COMMISSIONERS MEETING OF MAY 27, 2003 REGARDING
AQI.lAff)RJ
I had one other small item just to mention and that is I was glad
we didn't have to do the closed session today, but I am going to make
a request for a closed attorney/client session at the next board
meeting, May 27th, in regard to our Aquaport cases.
As you know, we won the significant federal case, but it is on
appeal, and it's coming forward to a mediation on May 30th. And so
Page 213
May 13,2003
it's appropriate for us to go into session briefly on our next board
meeting.
We also had a second suit filed by the developer there. You
may be aware, remember, it's the Burt Harris state claim. So we'll
take the option of discussing both of those briefly, because both will
have the opportunity for this mediation discussion that we'll be going
into on May 30th with Mike Pettit, my senior litigation attorney, as
well as Ted Tripp, our outside counsel.
Mr. Tripp will be available at the May 27th meeting. He made a
general request, if it could be at a time relatively certain, a flex time
between 11 :00 and 2:00 on the 27th of May.
CHAIRMAN HENNING: Why don't we make that noon. We'll
just eat through the session. Good?
MR. WEIGEL: Very good. Thank you, and that's all.
Appreciate it.
Item #15C
ADVISORY BOARD COMMITTEE APPLICANTS TO BE
BR.OI.IGIILR A CK.ll.lNEJ 0, 200~
CHAIRMAN HENNING: Sue Filson.
MS. FILSON: I just wanted to give the commissioners a brief
update on the revenue commission, which you adopted on March the
11 tho That's a 19-member commission. I have been successful in
getting 15 of the organizations to submit members. One of the
organizations denied membership, and three I've been unsuccessful
getting members.
And I'm looking for direction. Do you want me to go ahead and
prepare the paperwork to make the appointments of the 15 members
so they can get started?
CHAIRMAN HENNING: What -- the organizations that have
Page 214
May 13,2003
not responded to you, who are they?
MS. FILSON: Well, the first one is the airport authority, which
that person -- they did submit a name, but he had to withdraw
because his wife was on there and they had a meeting this morning
and were not successful in getting another member to participate.
And then the other two are the Immokalee Civic Association and
Everglades City.
COMMISSIONER COLETTA: Both of them are in the process
of inquiring in them to see if we can get a person to step forward.
MS. FILSON: And I've called them numerous times.
COMMISSIONER COLETTA: I'll get Ray Tadwalter
(phonetic) on it. He knows everyone and he goes to every one of
their meetings.
CHAIRMAN HENNING: So you're going to --
MS. FILSON: So do you want me to hang on to get the other--
COMMISSIONER COLETTA: If you could wait for one more
meeting, I'd appreciate it.
CHAIRMAN HENNING: And that's to try to get somebody
from the Immokalee Civic Association --
COMMISSIONER COLETTA: And Everglades. They got a
new Everglades City Civic, too.
MS. FILSON: So I'll plan on scheduling the appointments the
first meeting in June; is that --
CHAIRMAN HENNING: Okay.
MS. FILSON: Okay.
COMMISSIONER COLETTA: That's right, we're live in
Immokalee right now. So anyone out there in Immokalee that would
like to be on this very important board --
COMMISSIONER COYLE: Come to the political stage.
CHAIRMAN HENNING: You'll have your time, just a minute.
Let me go to the county manager first.
Page 215
May 13,2003
Item #15D
LDC MEETING OF JUNE 18 TO BE CHANGED TO JUNE 16 OR
MR. MUDD: Commissioner, I've got staff who've brought to
our attention today that the 18 June land development code second
reading was on the 18th of June, which is the first day of the F AC
annual conference in Orlando. So we'll try to move that to the 17th
or 16th. And I've got Joe Schmitt working on that.
Item #15E
AIRPORT AUTHORITY INTERIM DIRECTOR GENE SCHMITT
=....AEE.OlNIED
Next item, just to bring you up to speed, yesterday the airport
authority met and their interim airport authority director, Mr. Bob
Tweedy, asked to go on a four- to six-week leave and wanted to
resign from the interim director and go back to the manager of the
Marco Airport, at which time the airport authority appointed an
interim executive director, a Mr. Gene Schmitt. And right now the
chair, Mr. Bill West, and the vice chair, Mr. Dennis Vasey, are
working on some kind of contract for his salary while he's in the
interim position. But they pretty much don't have -- they pretty
much don't have an interim director right now taking care of the
airport authority, so --
CHAIRMAN HENNING: Why don't we move that under
transportation and have Mr. Feder take care of it?
COMMISSIONER COYLE: He'll build an overpass over it.
MR. MUDD: A fly over, sir.
COMMISSIONER COYLE: Flyover.
Page 216
May 13,2003
MR. MUDD: Just a little play on words.
You'd have to change the ordinance, Mr. Chairman. Because
right now you've delegated that authority. I think what the airport
authority is trying to do is come up with an annual budget. I think
the annual budget that Mr. Tweedy brought to me the other day was
not approved by the airport authority. And I think that's some of the
genesis of this switch of personnel.
Mr. Schmitt is on the airport authority, and Mr. Palmer of the
county attorneys' staff is trying to determine if Mr. Schmitt has to
resign from the airport authority to be the interim director. And we'll
figure that one out in the next couple of days.
I just wanted to give you that fact. Mr. West did give me a call
yesterday and let me know what was going on as far as that's
concerned. We're looking for a budget and we're looking for a
five-year plan that was promised to you last year from that particular
agency, at which time Commissioner Coyle has stepped up, based on
our strategy, and we will come for formal resolution, and he will take
the lead for the board and we will go over that five-year plan and
start looking at the other options and come forward to the board with
some recommendation within the next 60 days, sometime before the
middle of September, okay, because we've got the summer break.
But we're going to work diligently through June in order to come up
with something, and then get that back to the board.
CHAIRMAN HENNING: Is that it?
MR. MUDD: That's enough, sir. Yes, sir.
CHAIRMAN HENNING: Thanks.
Commissioner Halas?
COMMISSIONER HALAS: I think it was a great meeting
today. I think we accomplished a lot. And other than that, I don't
have anything else at this time.
CHAIRMAN HENNING: Commissioner Fiala.
COMMISSIONER FIALA: Nothing for me.
Page 217
May 13,2003
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Nothing for me.
CHAIRMAN HENNING: Commissioner Coletta?
Item #15F
NEW GOVERNMENT CHANNEL IN IMMOKALEE - OPENING
CEREMONY TO BE HELD ON WEDNESDAY, MAY 14 AT
NOON..AI..RIR.Cy
COMMISSIONER COLETTA: Just briefly, tomorrow,
Wednesday, the Immokalee Rotary will be meeting at 12:00 at Rib
City, and there'll be an official unveiling of the new government
channel in Immokalee, a ribbon cutting of sorts. So anyone who
would like to attend, you're more than welcome to, but you've got to
pay for your own lunch.
COMMISSIONER HALAS: If they have a ribbon cutting, does
that mean they're going to shut the TV station off the air then?
They're not going to cut the co-ax, are they?
COMMISSIONER COLETTA: I hope not.
CHAIRMAN HENNING: Great meeting today. I've very proud
of my colleagues that were lobbied in the back room by certain
people, and they've done -- in my opinion, done a great job for the
taxpayers. Thank you. We're adjourned.
***** Commissioner Coletta moved, seconded by Commissioner
Halas and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted: * * * * *
Item #16Al
THE FINAL PLAT OF "TREASURE POINT" WITH THE
Page 218
May 13,2003
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
Item #16A2
CONTRACT AMENDMENT IN THE AMOUNT OF $12,500 FOR
PROFESSIONAL CONSULTANT SERVICES TO BE PROVIDED
BY GAIL EASLEY COMPANY FOR SERVICES RELATED TO
THE REVISION OF THE COLLIER COUNTY LAND
Item #16A3
RESOLUTION 2003-168 GRANTING FINAL ACCEPTANCE
FOR WATER AND SEWER IMPROVEMENTS FOR THE FINAL
PLAT OF "ISLAND WALK PHASE FIVE-A" WITH RELEASE
Item #16A4
RESOLUTION 2003-169 GRANTING FINAL ACCEPTANCE
FOR WATER AND SEWER IMPROVEMENTS FOR THE FINAL
PLAT OF "ISLAND WALK TOWN CENTER"WITH RELEASE
Item #16A5
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
GALLERIA AT V ANDERBIL T AND RELEASE OF
Page 219
May 13,2003
Item # 16A6
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR COUNTRYSIDE COMMONS, PHASE ONE
Item #16A7
SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD
CASE NO'S: 2001-076 CHARLES H. GOINGS; 2001-082 BONNIE
L. HARROD; 2002-012 DAVID AND ZENAIDA FALATO AND
IM2001-00L.ANN.LROSA AVATJOS
Item #16A8
CONTRACT #02-3317 FOR CONSULTANT SERVICES FOR A
FIRE PROTECTION IMPACT FREE UPDATE STUDY-
AWARDED TO HENDERSON, YOUNG & COMPANY IN THE
AM.OIlNI...D.E.~ R,~ 24.00
Item #16A9
IMP ACT FEE REIMBURSEMENT TO OCEAN BOULEVARD
PARTNERSHIP II D/B/A COURTELIS CONSTRUCTION CO.
(GRANADA SHOPPES) OF $49,381.56 DUE TO
OYERP A YMENT
Item #16AI0
IMPACT FEE REIMBURSEMENT TO NICANOR SANCHEZ OF
Page 220
May 13,2003
Item #16A11
IMPACT FEE REIMBURSEMENT TO OLDE CYPRESS
DEVELOPMENT LTD. D/B/A JOHN F. SOAVE, INC. OF
$43,611.84 DUE TO TWELVE (12) BUILDING PERMIT
CANCELLATIONS
Item #16B 1 - CONTINUED INDEFINITELY
ACCEPTANCE OF RECORDED EASEMENTS AND DEEDS FOR
WHIPPOORWILL LANE; INDEMNIFICATION AGREEMENT;
CASH ESCROW AND LETTER OF CREDIT AS SET FORTH IN
AGREEMENT REGARDING THE LAND ACQUISITION AND
CONSTRUCTION OF ROADWAYS ON PROPERTY
CONDITIONALLY ACCEPTED BY THE COUNTY FOR
CONSTRUCTION BY PRIVATE PARTIES OF WHIPPOORWILL
LANE
Item # 16B2
DESIGN AND PURCHASE OF BUS STOP SHELTERS AND
ACCESSORIES FOR CERTAIN PROPOSED LOCATIONS IN
THE ORANGE AND GREEN ROUTES IN THE EAST NAPLES
AREA OF THE COLLIER COUNTY TRANSIT SERVICE -
Item #16B3
RESOLUTION 2003-170 REVISING RIGHT-OF-WAY PERMIT
AND INSPECTION FEE SCHEDULE FOR THE
Page 221
May 13,2003
Item #16B4
NEGOTIATIONS FOR CONTRACT # RFP 03-3465 "ANNUAL
CONTRACT FOR TRAFFIC ENGINEERING CONSULTANT
SERVICES" WITH THE FOLLOWING FIRMS :TEI ENGINEERS
AND PLANNERS; CARTER & BURGESS, INC.; T.Y. LIN
INTERNATIONAL; WILSONMILLER, INC. AND TBE GROUP,
mc
Item #16B5
BID #03-3440 FOR TELEVISION INSPECTION AND
DESIL TING OF STORM SEWER COLLECTION SYSTEMS -
AWARDED TO SHENANDOAH CONSTRUCTION AS
PRIMARY VENDOR AND AMERICAN POWER RODDING,
Item # 16B6
BID #03-3491 FOR RETENTION AND POND MOWING AND
REMOVING LITTER - AWARDED TO HINES LANDSCAPE
SERVICES AS PRIMARY VENDOR AND SOUTHERN
S.ER~FS AS SECONDARY VENDOR
Item #16B7
BID # 03-3492 FOR ROADWAY CONSTRUCTION PROJECT
FROM PIPER BOULEVARD TO IMMOKALEE ROAD AND
LAKELAND A VENUE BRIDGE - AWARDED TO THOMAS
MARINE CONSTRUCTION, INC. IN THE AMOUNT OF
$J ,592,7l5....1O
Page 222
May 13,2003
Item #16C1
RATIFICATION OF EMERGENCY PURCHASE ORDER
4500008891 FOR PARTS AND SERVICE FROM TECHNICAL
TREATMENT SERVICES INC. AND REPAIRS TO THE
DEGASIFICATION UNIT AT NORTH COUNTY REGIONAL
Item # 16C2
EXECUTION OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION CERTIFICATION OF
FINANCIAL RESPONSIBILITY FORM TO PERFORM
PLUGGING AND ABANDONMENT OF THE INJECTION
SYSTEM FOR THE SOUTH COUNTY WATER RECLAMATION
Item # 16C3
IMPACT FEE REFUND FOR PENNY S. DIROCCO TOTALING
Item #16C4 - Moved to Item #10D
Item #16C5
NAPLES LANDFILL BASED ODOR CONTROL SYSTEM
DECLARED SURPLUS AND TO BE SOLD THROUGH THE
Item # 16C6
Page 223
May 13,2003
COLLIER COUNTY TO PIGGYBACK ON AGREEMENT
BETWEEN BROW ARD COUNTY AND W ACKENHUT
CORPORATION (RLI NO. 090297RB) FOR ANNUAL SECURITY
SERVICES AT THE SOUTH COUNTY REGIONAL WATER
TREATMENT PLANT IN THE ESTIMATED AMOUNT OF
$75,000.00
Item # 16C7
BUDGET AMENDMENT FOR COSTS RELATED TO THE
RESTRUCTURING OF THE ADMINISTRATIVE FUNCTION OF
THE PUBLIC UTILITIES ENGINEERING DEPARTMENT AND
EQUIPMENT REQUIRED TO SUPPORT CAPITAL
!MER OVEMEN.I.E.R OGRAMS
Item # 16C8
BUDGET AMENDMENT FOR COSTS RELATED TO HIRING
OF A SOLID WASTE PROJECT MANAGER, AND
REIMBURSEMENT OF EXPENSES FROM SOLID WASTE
DISPOSAL FUND 470 TO COUNTY WATER/SEWER
OEERAIING..EIJ:OR
Item #16D1
RESOLUTION 2003-171 APPOINTING OFFICERS AS
CONTAINED IN THE EXECUTIVE SUMMARY TO THE
COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION,
Item #16D2
Page 224
May 13,2003
LIMITED USE LICENSE AGREEMENT WITH THE SOUTHERN
EXTREME WATER SKI SHOW TEAM AND THE SARASOTA
SKI-A-REES ASSOCIATION TO HOLD A WATER SKI
TOURNAMENT AT SUGDEN REGIONAL PARK JUNE 20-22,
200~
Item #16D3
AUTHORIZATION TO APPLY FOR TWO FLORIDA
COMMUNITIES TRUST FLORIDA FOREVER GRANTS;
REIMBURSEMENT OF $1,909,200.00 FOR THE PURCHASE OF
BAREFOOT BEACH OUTPARCEL AND $1,100,000.00
REIMBURSEMENT FOR THE PURCHASE OF THE 99 ACRE
MITIGATION LANDS FOR LEL Y AREA STORMW A TER
Item #16D4 - Continued indefinitely
DONATION AGREEMENT FROM DAVID W. FISHER AND
KAY J. BRITT, AS SUCCESSOR TRUSTEES OF THE HAROLD
W. FISHER TRUST FOR A FUTURE PLAYGROUND IN
COPELAND AT A COST NOT TO EXCEED $2,300.00 - WITH
SIIEI.ILAIIONS
Item #16D5
CONTRACT BETWEEN COLLIER COUNTY AND THE AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.,
D/B/A SENIOR SOLUTIONS OF SOUTHWEST FLORIDA TO
ENSURE CONTINUOUS FUNDING OF THE OLDER
AMER.IC.AbI A CLQRANT
Page 225
May 13,2003
Item #16D6
BID NO. 03-3414 REJECTED AND BID NO. 03-3478 FOR "TEE
SHIRTS" -AWARDED TO T-SHIRT EXPRESS IN THE
AM.OI..ThIT.DE. 5,000
Item #16D7
A LICENSE AGREEMENT WITH MARCO ISLAND
HISTORICAL SOCIETY, INC. DESIGNATING LAND FOR A
Item #16D8
AGREEMENT WITH THE TRADEWINDS FOUNDATION, INC.
TO FUND AN ACCESSIBLE BOATING PROGRAM AT
Item #16E1
BUILDING NAMING POLICY ALLOWING FOR DEDICATIONS
AND NAMING OF COLLIER COUNTY-OWNED BUILDINGS,
Item # 16E2
BID NO. 03-3408 FOR "HERBICIDES, PESTICIDES, AND
FUNGICIDES" - AWARDED TO MULTIPLE VENDORS, AS
Item #16E3
Page 226
May 13,2003
BID NO. 03-3495 FOR CONCRETE/PAVEMENT
CONTRACTORS FOR REPAIRS, MAINTENANCE AND
INSTALLATION OF CONCRETE PADS, DRIVEWAYS AND
SLABS - AWARDED TO BE CONCRETE; COUGAR
CONTRACTING SPECIALTIES, INC.; TIMO BROTHERS, AND
Item #16E4
RESOLUTION 2003-172 APPROVING A LEASE AGREEMENT
WITH CONGRESSMAN MARIO DIAZ-BALART FOR USE OF
COUNTY-OWNED OFFICE SPACE FOR TWO YEARS AT
Item #16E5
RESOLUTION 2003-173 APPROVING A LEASE AGREEMENT
WITH STATE REPRESENTATIVE DUDLEY GOODLETTE FOR
USE OF COUNTY-OWNED OFFICE SPACE FOR TWO YEARS
Item # 16E6
BID NO. 03-3475R FOR TEMPORARY LABOR FOR COUNTY
DEPARTMENTS AS NEEDED - AWARDED TO ABLE BODY
LABOR, MANPOWER TEMPORARY SERVICES, AND
EERSO~S
Item #16E7
SHORT LIST OF ARCHITECTS APPROVED FOR RFP 03-3489,
ADDITION, DESIGN, AND RENOVATIONS TO GOLDEN GATE
Page 227
May 13, 2003
LIBRARY AT 4898 CORONADO PARKWAY AND CONTRACT
NEGOTIATIONS TO BEGIN WITH BARANY SCHMITT
Item # 16E8
BID NO. 03-3468 FOR PUMP & MOTOR REPAIR FOR
MAINTENCE OF COUNTY WIDE EQUIPMENT - A WARDED
TO NAPLES ARMATURE WORKS AS PRIMARY AWARDEE
Item #16E9
BUDGET AMENDMENT TO INCREASE APPROPRIATIONS
AND ASSOCIATED REVENUES FOR OPERATING COSTS IN
FLEET MANAGEMENT FUND (521) IN THE AMOUNT OF
$197,000 FOR REPAIR PARTS AND OUTSIDE VENDORS;
$349,400 FOR FUEL; AND A $32,000 INCREASE IN
APPROPRIATIONS FOR PERSONNEL OVERTIME, WITH A
MATCHING DECREASE IN APPROPRIATED CAPITAL
~S
Item #16E10
CONTRACT NEGOTIATIONS TO BEGIN WITH KPMG FOR
"
Item #16E11
SIX (6) ALS MEDICMASTERAMBULANCES AWARDED TO
AMERICAN LAFRANCE CORPORATION THROUGH PALM
BEACH COUNTY BID 02-195/CB AND REPLACEMENT
Page 228
May 13,2003
RADIOS AND DATA RECORDERS TO BE PURCHASED
Item #16E12
AMENDMENTS TO CONTRACTS #01-3289, #01-3290, #01-3292,
#00-3119 AND #00-3184 TO ADJUST CONTRACT TIME
Item #16E13
RESOLUTION 2003-174 AMENDING CURRENT PURCHASING
POLICY REGARDING ACCUMULATION AND SUBSEQUENT
Item #16E14 - Withdrawn
FIRST AMENDMENT TO LEASE AGREEMENT WITH ABBAS
AHRABI ASLI FOR BUILDING UTILIZED BY THE PROPERTY
APPRAISERS OFFICES LOCATED AT THE CORNER OF
Item #16F1
$3,799 RECOGNIZED AND APPROPRIATED IN ADDITIONAL
REVENUE FROM FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FEMA, STATE AND LOCAL ASSISTANCE (SLA)
GR.ANT
Item #1611
MISCELLANEOUS CORRESPONDENCE- FILED AND/OR
Page 229
May 13,2003
REEERRED
The following miscellaneous correspondence, as presented by
the Board of County Commissioners, has been directed to the various
departments as indicated:
Page 230
--
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 13, 2003
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. Disbursements for April 12. 2003 through April 18. 2003
B. Districts:
1. Heritage Greens Community Development District - Minutes of Meeting
held on January 13, 2003; Financial Statement dated December 31, 2002
2. Port of the Islands Community Improvement District - Minutes of
Meeting held on January 17, 2003; Minutes of Meeting held on February
21, 2003; Financial Report dated January 17, 2003 and Financial Report
dated February 21,2003.
3. Minutes: Lely Community Development District Minutes of May 15,
2002; June 19,2002; August 14,2002; September 11,2002; October 16,
2002; November 13,2002; December 18,2002; January 15,2003; March
19,2003
C.
1. Collier County Hispanic/Advisorv Board - Agenda for March 27,2003.
2. Pelican Bay Services - Agenda for April 2, 2003; Minutes of March 5,
2003.
3. Productivity Committee Meeting - Minutes of March 19,2003
4. Development Services Advisory Committee - Agenda for April 2. 2003;
Minutes of March 5. 2003
5. Environmental Advisory Board - Agenda for April 2. 2003; Minutes of
March 5. 2003.
6. Collier County Planning Commission - Agenda for April 3, 2003; Agenda
for April 17, 2003; Minutes of March 20,2003.
H:Data/Format
7. Bayshore Gateway Triangle Local Redevelopment Advisory Committee-
Agenda for April 2, 2003
8. Bayshore Beautification M.S.T.U. - Agenda for April 9, 2003, Minutes of
March 12,2003.
9. Collier County Library Advisorv Board - Agenda for March 26,2003;
Minutes of February 26, 2003.
10. Immokalee Beautification M.S.T.U. Agenda for April 16, 2003; Minutes
of March 19, 2003.
11. Golden Gate Estates Land Trust Committee - Minutes of April 22, 2002
June 25, 2002, August 26,2002, October 7,2002, January 16,2003.
12. Golden Gate Beautification Advisory Committee - Agenda for April 8,
2003; Minutes of March 11,2003.
13. Forest Lakes Roadway and Drainage M.S.T.U. - Advisory Committee-
April 18, 2003.
14. Ochopee Fire Control District - Minutes of March 3, 2003.
15. Radio Road Beautification M.S.T.U. - Minutes of March 18,2003.
16. Collier County Airport Authority - Agenda for April 14, 2003, Minutes of
March 10, 2003.
17. Lely Golf Estates Beautification Advisory Committee - Agenda for April
17,2003, Minutes of March 20, 2003.
18. Workforce Housing Advisory Committee - Agenda for April 14, 2003.
./
19. Immokalee Local Redevelopment Advisory Board - April 23, 2003.
20. Historical & Archaeological Preservation Board - Agenda for April 16,
2003; Minutes of March 19,2003.
21. Vanderbilt Beach M.S.T.U. - Agenda for April 3, 2003.
22. Parks and Recreation Advisory Board - April 16, 2003; Minutes of
March 19, 2003.
23. Collier County Citizens Corps Advisory Committee - Workshop for
March 27,2003; Agenda for March 20,2003, Minutes o{March 20,2003.
H:Data/Format
May 13,2003
Item #16K1
BUSINESS DAMAGE OFFER AUTHORIZED TO SETTLE A
CLAIM WITH FOGG'S NURSERY AND MULCH SUPPLY, INC.,
ASSOCIATED WITH THE ACQUISITION OF PARCEL 112
(IMMOKALEE ROAD) IN LAWSUIT COLLIER COUNTY V.
Item #16K2
ACCEPTANCE OF OFFER OF JUDGMENT FROM
RESPONDENT, JOHN A. PULLING, JR. TRUSTEE, TO SETTLE
CLAIM FOR BUSINESS DAMAGES IN CONNECTION WITH
ACQUISITION OF PARCEL 104 (LIVINGSTON ROAD) IN
LAWSUIT COLLIER COUNTY V. JOHN A. PULLING, JR. ET
AI, (CASE # 02-190R-CA)
Item #16K3
STIPULATED FINAL JUDGEMENT RELATIVE TO
ACQUISITION OF PARCELS 102 AND 702 (PINE RIDGE
ROAD) IN THE LAWSUIT COLLIER COUNTY V. MARIAN H.
Item #16K4
EXECUTION AND RECORDATION OF CANCELLATION OF
MORTGAGE TO RELEASE A THIRD MORTGAGE ON
PROPERTY LOCATED AT LOT 12, BLOCK 12, NAPLES
Page 23 1
May 13,2003
Item #16K5
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
INVOLVING LITIGATION CONCERNING IMPACT FEES IN
ASTON GARDENS AT PELICAN MARSH V. COLLIER
COl.INTY, CASENO. 0~-595-CA
Item #16K6
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
REGARDING EDUCATIONAL, LIBRARY, ROAD, AND
COMMUNITY AND REGIONAL PARKS IMPACT FEES FOR
Item #16K7
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
REGARDING TERRACINA, LLC. V. COLLIER COUNTY, CASE
NO. 02-4440-CA, NOW PENDING IN THE TWENTIETH
JUDICIAL CIRCUIT COURT FOR NAPLES, COLLIER
~A
Item #17A
ORDINANCE 2003-20 REGARDING PETITION
PUDA-2002-AR-2240, DONALD PICKWORTH REPRESENTING
CENTEX HOMES, REQUESTING A REZONE FROM "PUD" TO
PUD FOR THE PURPOSE OF AMENDING THE TWELVE
LAKES PUD LOCATED ON THE NORTH SIDE OF DAVIS
Page 232
May 13,2003
Item #17B
RESOLUTION 2003-175 REGARDING PETITION
CU-02-AR-3486, VINCENT CAUTERA OF COASTAL
ENGINEERING CONSULTANTS, INC. REPRESENTING
COLLIER COUNTY GOVERNMENT, REQUESTING
CONDITIONAL USE "26" IN THE "A" AGRICULTURAL
ZONING DISTRICT FOR A GOVERNMENT OFFICE BUILDING
LOCATED ON THE NORTHWEST CORNER OF ORANGE
Item #17C
ORDINANCE 2003-21 REGARDING PETITION
RZ-2002-AR-3160, REGARDING ROBERT L. DUANE OF HOLE
MONTES, INC. REPRESENTING BENDERSON
DEVELOPMENT COMPANY, REQUESTING A REZONE FROM
"A" RURAL AGRICULTURAL TO "C-3" FOR PARKING AND
INFRASTRUCTURE ONLY ON PROPERTY LOCATED EAST
OF DONOVAN CENTER PUD ON THE SOUTH SIDE OF
IMMOKALERROA J)
Item #17D
ORDINANCE 2003-22 AMENDING ORDINANCE 98-36, THE
COLLIER COUNTY COMMUNITY AUTOMATED EXTERNAL
DEFIBRILLATOR ORDINANCE BY REVISING THE TRAINING
Page 233
May 13,2003
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:40 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~
TOM HENNIN , Chairman
f>-ItJ-tJ8
ATTEST:
DWIGHTEi~'illR<?CK, CLERK
, .' Ii
C
4 .' .
-~
~~~ v, .. .,:- ..tl ,C '
", . ('.. . . '--'. : ,;",'~
"Attdt as to Chl1run's
signature only.
These minutes approved by the Board on~~~as presented
v or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC. BY TERRI LEWIS AND CHERIE'
NOTTINGHAM
Page 234