BCC Minutes 05/25/2004 R
May 25, 2004
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 25, 2004
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: Donna Fiala
Tom Henning
Fred W. Coyle
Jim Coletta
ABSENT: Frank Halas
ALSO PRESENT: Jim Mudd, County Manager
David Weigel, County Attorney
Jim Mitchell, Office of the Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
May 25, 2004 9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
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 PRESENTATION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED 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
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TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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 IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Jim Bailiff, First Christian Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as
amended. (Ex Parte Disclosure provided by Commission members for
summary agenda.)
B. April 27, 2004 - BCC Regular
C. April 28, 2004 - Marco Island Community Meeting
3. SERVICE AWARDS
A. 20 Year Attendees
1. Bill Finch, Parks and Recreation
2 Sharon Newman, Transportation Department
4. PROCLAMATIONS
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A. Proclamation designating the month of September as Freedom Month.
B. Proclamation to dedicate the National World War II Memorial on May 29,
2004. To be accepted by Jim Elson, President of the Collier County
Veteran's Council and Don Peacock.
c. Proclamation designating May 28, 29, and 30, 2004 as WWII Memorial
Dedication Weekend. To be accepted by Mike Viehec, Gary McCue with the
American Veterans, and Julias Futo with the American Legion.
D. Proclamation to designate the month of November, 2004, as Celebrate
the Arts Month in Collier County. To be accepted by Elaine Hamilton,
Executive Director for the United Arts Council.
E. Proclamation to designate June 7, 2004 as Children's Day at EMS. To
be accepted by Training Battalion Chief Helen Ortega and
Administrative Captain Noemi Diaz.
F. Proclamation to designate June 2-7, 2004 as Code Enforcement
Officers' Appreciation Week. To be accepted by Janet Powers,
Operations Manager, Code Enforcement Department.
5. PRESENTATIONS
A. Presentation by Michael Carr regarding final report on Domestic Animal
Services, Investigation Case No. 03-1943-CC.
B. Present the PHOENIX A WARD to recognize those EMS Paramedics,
Firefighters, and Sheriffs Officers who through their skills and knowledge
have successfully brought back to life individuals who had died.
C. To Edward S. Perico for his outstanding service to Collier County.
D. To John M. Dunnuck III for his outstanding service to Collier County.
E. Distinguished Budget Presentation Award for the current fiscal year from
the Government Finance Officers Association (GFOA) presented to the
Office of Management and Budget. To be accepted by Mike Smykowski,
Director, Office of Management and Budget.
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F. To recognize Brian Bower, Plant Mechanic, Public Utilities Division, as
"Employee of the Month" month of May, 2004.
6. PUBLIC PETITIONS
A. Public Petition request by Lodge McKee to discuss a partnership to
make the Naples Depot the "Gateway" to the Collier County Museum
System.
B. Public Petition Request by Jack Jameson to discuss fishing opportunities at
Bay View Park.
C. Public Petition Request by Ruth and Robert Garee to discuss after-the-
fact variance fees for 234 Palmetto Dunes Circle.
D. Public Petition Request by Peter Infanti to discuss current code regulations
regarding the removal of hazardous trees.
7. BOARD OF ZONING APPEALS
A. This item continued from the April 27. 2004 BCC Meetin2:. ADA-2004-
AR-5363, D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A.,
representing Pine Ridge Investors LLC, requesting to appeal the formal
interpretation issued by the Director of the Department of Zoning and Land
Development Review that states building construction may not occur over
the common boundary of the Pine Ridge Center PUD and the Pine Ridge
Center West PUD, which comprises + 17.60 acres and is located in Section
18, Township 49 South, Range 26 East, Collier County, Florida.
B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX
PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS.
CU-2003-AR-4003 Apostolic Assembly of the Faith in Christ Jesus, Inc.
represented by Terrance Kepple, of Kepple Engineering, Inc., requesting
Conditional Use #1 of the "E" zoning district, to allow a "Church or other
Place of Worship" for property located at 1235 San Marcos Boulevard, in
Section 31, Township 49, Range 26 East, Collier County, Florida,
consisting of 4.86 acres.
8. ADVERTISED PUBLIC HEARINGS
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A. Request the Board approve an Ordinance to prohibit fishing of any kind, or
cast net fishing only, on certain designated bridges within Collier County,
which Ordinance also (I) directs the County Administrator to post
appropriate signage; (2) authorizes the County Administrator to determine
those other County bridges upon which fishing ought to be prohibited; (3)
provides for penalties for violation of the Ordinance; (4) directs that the
Ordinance be interpreted consistent with F.S. 316.1305, Fishing from State
Road Bridges; (5) repeals and supersedes Resolution No. 2003-204, which
established a fishing prohibition from Bridge No. 030210; (6) provides for
the inclusion in the Collier County Code of Laws and Ordinances; and (7)
provides for an effective date; at an estimated implementation cost of
$1,000.
B. Item to be heard at 1 :00 p.m. Consideration of an ordinance adopting a
recodification and revision of the County's Land Development Code, to
become effective on August 30, 2004.
C. Adopt a resolution amending the water and sewer impact fee rate schedule,
which is Schedule Two of Appendix A of Chapter 74 of the Collier County
Code of Law and Ordinances, the same being the Collier County
Consolidated Impact Fee Ordinance.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
10. COUNTY MANAGER'S REPORT
A. To approve the acquisition of right-of-way required for the construction of
six-lane improvements on Golden Gate Parkway between Airport-Pulling
Road and Livingston Road and intersection improvements at Golden Gate
Parkway and Airport-Pulling Road consistent with the Grey Oaks PUD.
(Fiscal Impact: $4,907,000.) (Norman Feder, Transportation Services
Administrator)
B. Approval of the conceptual design plans presented by Rails-to- Trails for
the greenway along the Florida Power & Light transmission corridor
between Rattlesnake Hammock Road and Radio Road. (Norman Feder,
Transportation Services Administrator)
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C. Recommendation that the Board of County Commissioners adopt the
2003 Collier County Wastewater Master Plan Update, Dated May 25,
2004, Project 73066. (Jim DeLony, Public Utilities Administrator)
D. Recommendation that the Board of County Commissioners adopt the 2003
Collier County Water Master Plan Update, Dated May 25,2004, Project
70070. (Jim DeLony, Public Utilities Administrator)
E. To authorize an agreement to acquire rights-of-way for the expansion of
Collier Boulevard between Golden Gate Boulevard and Immokalee Road,
and to establish an access road for the Golden Gate Fire & Rescue District
at their new facility; Fiscal Impact: $536,000. (Norman Feder,
Transportation Services Administrator)
F. Adopt a resolution authorizing condemnation of fee simple interests and/or
those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for
the six-lane expansion of Collier Boulevard (CR-951) from Golden Gate
Boulevard to Immokalee Road. (Capital Improvement Element No. 37,
Project No. 65061). Estimated fiscal impact: $4,753,888.00. (Norman
Feder, Transportation Services Administrator)
G. Designate property known as the "Lely Cultural Center" for the South
Regional Library / County Museum and begin the process of planning
the facility. (John Dunnuck, Public Services Administrator)
H. Review options relating to the development of a junior golf program and
public golf course. (John Dunnuck, Public Services Administrator)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
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 grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Isla Vista at Grey
Oaks" the roadway and drainage improvements will be privately
maintained, the sewer improvements will be maintained by Collier
County, the potable water improvements will be maintained by the
City of Naples.
2) Request to approve for recording the final plat of "Veronawa1k
Townhomes Phase One", and approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
3) Request to approve for recording the final plat of "Veronawalk
Townhomes, Phase Two", and approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
4) Final Acceptance of Water and Sewer Utility Facilities for AR-5477,
Crystal Lake Terraces, Phase II, Eagle Creek M2.
5) Final Acceptance of Water Utility Facilities for Ave Maria Interim
Facility University (Greenfield Commons)
6) Final Acceptance Of Water Utility Facilities For Key Royal Villas.
7) Establish the name of the Marco Island 9-mile Artificial Reef as the
"Marco Sportfishing Club Reef."
8) Adoption by the Board of County Commissioners of a resolution
approving a Target Protection Areas outreach mailing strategy for
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Conservation Collier's second property selection cycle.
9) Authorize Environmental Services Staff to submit a grant proposal to
the Florida Department of Environmental Protection (FDEP) for
$40,000 worth of contractual services for the removal of invasive
exotic vegetation within the State Highway 29 and Plantation Road
rights of way.
10) Collier County Board of County Commissioners' endorsement of
staffs approval of the application for the Job Creation Investment
Program and the Fee Payment Assistance Program by Skytruck
Company, LLC.
11) Request authorization for the County Manager or the Community
Development and Environmental Services (CDES) Division
Administrator to accept the Fiscal Year 2003 United States
Department of Housing and Urban Development Supportive Housing
Grant Agreement, Project # FL14B306002, approving execution of
Grant Sub-recipient agreement (s) and providing for an effective date
and approve all necessary budget amendments.
12) Authorize the Chairman to sign the Department of Community Affairs
Single Audit Act Verification form.
13) Approval From Board of County Commissioners to waive formal
competi tion, and solicit proposals for an impact fee study to update
the Correctional Facilities Impact Fee. (estimated amount not to
exceed $40,000)
14) Recommendation to approve an Agreement for Sale and Purchase of
1.77 acres under the Conservation Collier Land Acquisition Program,
at a cost not to exceed $1,360,580.
15) Recommendation to approve an Agreement for Sale and Purchase of
3.64 acres under the Conservation Collier Land Acquisition Program,
at a cost not to exceed $486,950.
B. TRANSPORTATION SERVICES
1) Approve a second amendment to work order number HA-FT-03-02
assigned to Pitman-Hartenstein & Associates Inc. to include
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additional design services for a second segment of the Immokalee
Fifth Street Ditch Project (project number 51704) increasing the
amount by $62,240.00.
2) Award bid #04-3655, Livingston Road (Immokalee Road to Collier
County Line) median landscape improvement construction project to
Hannula Landscaping, Inc. in the amount of $907,201.90.
3) Adopt a Resolution authorizing the acquisition of property by gift or
purchase for the purpose of assembling land to facilitate
improvements to canals and properties in the East Naples area
specifically located within the Lely Area Stormwater Improvement
Project. Fiscal Impact: $387,000.
4) Approve the purchase of 5.109 acres of land required for a Perpetual
Non-Exclusive, Road Right-of-Way, Drainage and Utility Easement, a
Drainage Easement and a 4.5-acre stormwater retention and treatment
pond for the Santa Barbara Boulevard Expansion Project, No. 62081.
(Fiscal impact: $672,105.00.)
5) Request the Board to accept donated palms from Stock Development
for landscaping on Livingston Road.
6) Recommendation that the Board award Bid No. 04-3656 "Installation
and Maintenance of Traffic Signals" to E.B. Simmonds Electrical,
Inc. and to Mid-Continent Electric, Inc.
7) Award bid #04-3651,Livingston Road (Radio Road to Pine Ridge
Road) median landscape improvement construction project to
Hannula Landscaping, Inc. in the amount of $989,892.04.
8) Approve Professional Services Agreement No. 04-3587 in the amount
of $833,297 for design services to be provided by American
Consulting Engineers of Florida, LLC, for capacity improvements to
County Barn Road from Rattlesnake Hammock Road to Davis
Boulevard, County Project No. 60101.
9) Approve the purchase of2.96 acres of land required for a stormwater
retention and treatment pond for the Santa Barbara Boulevard
Expansion Project, No. 62081. (Fiscal impact: $316,700.00.)
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10) Recommendation to Approve Selection of Qualified Firm and Award
a Contract Under ITQ 04-3583 "CEI Services for Collier County
Road Projects" for Project No. 69068 "13th Street SW" in the amount
of $248,408.56.
C. PUBLIC UTILITIES
1) Recommendation that the Board of County Commissioners approve
the selection and award of the Capacity, Maintenance, Operations, and
Management (CMOM) and Staff Optimization Assessment Contract
in the amount of$59,618, plus contingency of$12,382, for a project
budget total of $72,000, Project 72517.
2) Approval of Settlement Agreement Between TBE Group, Inc., Sprint
Communications, Inc., Collier County, Florida and Florida
Department of Transportation, as to FIN Project #195378-1-52-01 &
195380-1-52-01, Contract #20534, US 41, Collier County, Florida.
D. PUBLIC SERVICES
1) Approve an interlocal agreement with the City of Naples for fund
sharing in the amount of $300,000 for the Norris Community Center
proj ect.
2) Approve a Budget Amendment appropriating $126,469 from
Emergency Medical Services Fund 490 Reserves to reimburse First
Coast Service Options for overpayment of Florida Medicare claims.
3) Approve a Limited Use License Agreement between the Board of
County Commissioners and the Naples Junior Chamber of Commerce,
Inc., approving use of specified county-owned property for
conducting a July 4th Fireworks Festival.
4) Approve the master agreement relating to Services for Seniors' grant
programs and authorize the Chairman to sign the master agreement
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.
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5) Approve a request to apply for a Florida Clean Vessel Act Grant for
pump out stations at Caxambas Park and Cocohatchee River Park.
6) Authorize rental of trucks from Enterprise Rent A Car at an estimated
cost of $35,000 for the transportation of food to recreation and school
sites under the Summer Food Grant Program.
7) Approve a Memorandum of Agreement with the District School
Board of Collier County for use of school cafeterias in conjunction
with the Summer Food Service Program.
E. ADMINISTRATIVE SERVICES
1) Authorize conveyance of an Easement to Florida Power & Light
Company for electric utility facilities to service the Naples Jail Center
expansion at a cost not to exceed $15.00, Project Number 520081.
2) Recommendation to approve Amendment No.4, Phase 3 ofRFP #
003173 for Spillis Candela DMJM to provide construction
administration services for the Courthouse Annex in the amount of
$179,690.00.
3) Recommendation to approve additions to, deletions from and
modifications of certain classifications in the 2004 Fiscal Year Pay
and Classification Plan made from February 1,2004 through May 14,
2004.
4) Recommendation to authorize staff to utilize the Western States
Contracting Alliance (WSCA) for acquisition of information
technology hardware and software.
5) Recommendation to approve a First Amendment to License
Agreement with American Tower, L.P. in order to install additional
equipment on a communications tower for an additional annual rental
fee of $3,600.
6) Recommendation to approve a City of Naples Airport Authority Lease
Agreement North Quadrant for the Sheriffs Office Special Operations
F acili ty site at a first year annual rent of $19,4 77.23.
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7) Report and ratify Property, Casualty, Workers' Compensation and
Subrogation Claims settled by the Risk Management Director
pursuant to Resolution # 2004-15.
F. COUNTY MANAGER
1) Request the Board of County Commissioners approve an
Emergency/Disaster Relief Marketing Budget plan for advertising and
web site information up to $300,000.
2) Approval of Budget Amendment Report.
G. AIRPORT AUTHORITY
1) Approve a budget amendment to return unspent funds in the amount
of $61,638.25 from the Airport Authority Capital Fund (496) to the
Road Construction - Gas Tax Fund (313).
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation to designate June 2nd through June 8th, 2004 as
Jewish War Veterans' Week. Will mail once presented.
2) May 25,2004, Commissioner Jim Coletta requests
reimbursement for attending the Graduation Ceremonies of the
Leadership Collier Class of 2004 on May 13, 2004 to represent
the County as a valid public purpose.
3) Commissioner Halas request for Board approval for payment to
attend function serving a valid public purpose. Attend the
Southwest Florida Transportation Initiative Post-Session
Legislative Forum on June 2, 2004; $35.00 to be paid from
Commissioner Halas' travel budget.
4) Commissioner Halas request for Board approval for payment to
attend function serving a valid public purpose. Attend Gulf
Citrus Growers Association Annual Meeting and luncheon;
$36.00 to be paid from Commissioner Halas' travel budget.
5) Commissioner Halas request for Board approval for payment to
attend function serving a valid public purpose. Attend Ed
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Perico's retirement party; $35.00 to be paid from Commissioner
Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a resolution between the Board of
County Commissioners and Sprint Telephone Company of
Florida for continuing the existing E-911 System.
2) Recommend that the Board of County Commissioners endorse
the Clerk of the Circuit Court's Office Grant Application for the
State of Florida Department of Law Enforcement Edward Byrne
Memorial State and Local Law Enforcement Assistance Formula
Grant Program.
3) That the Board of County Commissioners make a determination
of whether the purchases of goods and services documented in
the Detailed Report of Open Purchase Orders serve a valid public
purpose and authorize the expenditure of County funds to satisfy
said purchases. A copy of the Detailed Report is on display in the
County Manager's Office, 2nd Floor, W. Harmon Turner
Building, 3301 East Tamiami Trail, Naples, FL.
K. COUNTY ATTORNEY
1) Authorize the Making of Offers of Judgment for Parcels 119,
121,821,921, 128 and 728 in the Golden Gate Parkway Project
(Livingston Road to Santa Barbara Boulevard #60027)
2) Authorize the making of an Offer of Judgment to Respondent,
Nellie Whitehurst, for Parcel No. 153 in the amount of
$30,000.00 in the lawsuit styled Collier County v. John Frank
Sudal, et al., Case No. 02-5168-CA (Immokalee Road Project
No. 60018).
3) Approve Agreed Order and Authorize Payment of Expert Fees
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and Costs for Parcels 159 and 160 in the Lawsuit Styled Collier
County v. Anthony DiNorcia, Jr., et. aI., Case No. 04-0031-CA
(Vanderbilt Beach Road Proj ect #63051).
4) Approve Agreed Order and Authorize Payment of Appraisal
Fees and Engineering Fees for Parcels 100, 101 and 700 in the
Lawsuit Styled Collier County v. Faith Bible Church of Naples,
Inc., et. al., Case No. 99-2165-CA (Immokalee Road Project
#6910 I).
5) Approve Agreed Order and Authorize Payment of Engineering
Fees for Parcel 129 in the Lawsuit Styled Collier County v.
James R. Colosimo, Trustee, et. aI., Case No. 00-0138-CA (Pine
Ridge Road Project #60111).
6) Authorize the making of an Offer of Judgment to Respondent
H.A. Street for Respondent's undivided one-half interest in
Parcel No. 159A in the amount of$12,000.00 in the lawsuit
styled Collier County v. H.A. Street, et aI., Case No. 03-2873-
CA (Immokalee Road Project #60018).
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDA TION 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
QUASIJUDICIAL 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. PUDZ-2003-AR-4332 Colonades Medical
Park, LLC, represented by Richard D. Y ovanovich, of Goodlette, Coleman
Page 14 of 16
and Johnson, P.A., and D. Wayne Arnold, AICP, ofQ. Grady Minor &
Associates, P.A., requesting a rezone from "E" Estates to Commercial
Planned Unit Development (CPUD) for a project to be known as the
COLONADES AT SANTA BARBARA PUD, to allow development ofa
maximum of35,000 square feet of mixed office uses. Property is located at
the northwest comer of Golden Gate Parkway and Santa Barbara Boulevard,
in Section 29, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 6.83± acres.
B. A VROW2004-AR5715 to disclaim, renounce and vacate the County's and
the Public's interest in the 20 foot wide alley in Block A, according to the
plat of "Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public
Records of Collier County, Florida. Located in Section 3, Township 47
South, Range 29 East.
C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN
IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. PUDZ-2003-AR-4575, Robert L. Duane,
AICP, of Hole Montes, Inc., representing Benderson Development
Company, Inc., requesting a rezone from "A" Rural Agricultural to "PUD"
Planned Unit Development to be known as the Bosley PUD for a maximum
of303 multi-family affordable housing dwelling units for property located
approximately one-quarter mile south of the intersection of 1-75 and
Immokalee Road, in Section 30, Township 48 South, Range 26 East,
consisting of 20.23 acres.
D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN
IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. CU-2003-AR-4249, Mark Perry,
representing Kenmark Construction, Inc. requests Conditional Use # 9 of the
Estates Zoning District for the purpose of a model home sales center. The
property to be considered for the Conditional Use is located at 1010 39th
Street S.W. being located just east of Collier Boulevard approximately 1,300
feet south of the White Boulevard and 39th Street S.W intersection, which is
Unit 27 North, North 180 feet of Tract 153, Golden Gate Estates, in Section
14, Township 49 South, Range 26 East, Collier County, Florida. This
property consists of 2.85 acres.
E. RZ-2003-AR-4937, Terry Kepple, of Kepple Engineering, Inc., representing
Community School of Naples, Inc., requesting a rezone from "A" Rural
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Agricultural to "CF" Community Facility for a 29.2 acre tract of land to
allow for the expansion of the existing school facilities located to the south
of this property. The property is located on the west side of Livingston Road,
approximately 'ii mile north of Pine Ridge Road, in Section 12, Township 49
South, Range 25 East.
F. A Resolution of the Board of County Commissioners of Collier County,
Florida, Finding a Blighted Area to Exist, and Expanding the Boundaries
of the Immokalee Community Redevelopment Area.
G. A Resolution of the Board of County Commissioners of Collier
County, Florida, to Amend the Immoka1ee Community
Redevelopment Plan.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 16 of 16
May 25, 2004
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, you have a hot mike.
CHAIRMAN FIALA: Thank you.
Good morning. The meeting for March -- May 25th, the Board
of County Commissioners', is now called to order.
And we have Pastor Jim Bailiff from First Christian Church to
say our invocation.
Would you all please rise.
PASTOR BAILIFF: Let us pray together. Please accept our
thanksgiving for life, energy, and vision for this day and the work we
have to do, oh, God.
Our environment here in Southwest Florida is dynamic and, at
times, chaotic. This body has been given responsibility to plan and
manage in that challenging context, thus we ask your rich blessings
upon its members.
In a society whose citizens are given the role of participating
with its leaders, by offering both affirmation and responsible critique,
we sometimes find ourselves moving beyond those parameters into a
narrow individualism that defies our larger social contract and into a
cynicism that presents us -- prevents us from acknowledging and
affirming the sacrificial gifts for those who offer themselves for
leadership both here in our own community and beyond.
Come into our hearts here and the hearts of people everywhere
we pray, that we may move to a loftier vision of what it means to live
together, to govern, to be governed, and to uphold the precious values
of our democracy. Thus we pray for the members of this county
2
May 25, 2004
commission and for ourselves who are gathered for these proceedings,
and our prayer comes from sincere souls who acknowledge your grace
and guidance that penetrate all our moments, amen.
CHAIRMAN FIALA: Amen. Thank you, Reverend Bailiff.
And now I'd like to ask Dudley Goodlette -- I know he's here
someplace -- to lead us in the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Folks, I've been asked to keep the
doorways clear, so would everybody try and move out of the
doorways. Thank you very much. I know it's kind of difficult right
now, but squish together. Thank you.
I'll try and get this -- can you hear with this microphone? Very
good.
So today -- do we have any comments from our county attorney
on the agenda?
MR. WEIGEL: No, I think they're covered well on the change
list the county manager will discuss. Thank you.
CHAIRMAN FIALA: Okay. Any--
MR. MUDD: Madam Chair, agenda changes, the Board of
County Commissioners' meeting, May 25th, 2004.
Withdraw item 6(C). That's a public petition request from Ruth
and Robert Garee to discuss after-the- fact variance fees for 234
Palmetto Dunes Circle. And that withdrawal was at the petitioners'
request.
The next item is withdraw item 7(A), and that's
ADA-2004-AR-5363, D. Wayne Arnold, AICP, ofQ. Grady Minor
and Associates P .A., representing Pine Ridge Investors, LLC,
requesting to appeal the formal interpretation issued by the director of
the Department of Zoning and Land Development Review that states,
building construction may not occur over the common boundary of the
Pine Ridge Center PUD and the Pine Ridge Center West PUD, which
comprises 17.6 acres and is located in Section 18, Township 49 South,
3
May 25, 2004
Range 26 East, Collier County, Florida, and that was at the petitioner's
request.
Next item is to continue item 7(B) to the June 8th, 2004, BCC
meeting, and that's a conditional use, 2003-AR-4003, and that's the
Apostolic Assembly of Faith in Christ Jesus, Inc., represented by
Terrence Kepple of Kepple Engineering, Inc., requesting conditional
use number one of the "E" zoning district, to allow a church or other
place of worship for property located at 1235 San Marcos Boulevard,
in Section 31, Township 49, Range 26 East, Collier County, Florida,
consisting of 4.86 acres, and that's at petitioner's request.
The next item is to add item 9(B), and that's a discussion
regarding dual membership on committees dealing with TDC projects
and funding, and that's at Commission Fiala's request.
The next item is add item 10(1), and that's a recommendation that
the Board of County Commissioners enter to -- enter into an
agreement with the Life Choice Pregnancy Resource Center to receive
funds associated with adoption awareness license plate revenues, and
that's at staffs request.
Next item is to continue 16(B)3 to the June 8th, 2004, BCC
meeting, and 16(B)3 was an adoption of resolution authorizing the
acquisition of property by gift or purchase for the purpose of
assembling land to facilitate improvements to canals and properties in
the East Naples area, specifically located within the Lely Area
Stormwater Improvement Project. The fiscal impact was $387,000.
And that was at staffs request, and we needed to have some more --
county attorney needed to add some more language to that particular
resolution, so we'll continue it.
Next item is to continue item 16(B)7 indefinitely, and that's to
award bid 04-3651, and that's the Livingston Road between Radio
Road to Pine Ridge Road, median landscape improvement
construction project, to Hannula Landscaping, Inc., in the amount of
$989,892.04, and that's at staffs request, because we had a bid protest,
4
May 25, 2004
and that's why we're continuing that.
Next item is to withdraw item 16(H)5, which is a request from
Commissioner Halas to the board for approval of payment to attend a
function serving a valid public purpose, and that was to attend Ed
Perico's retirement party for $35 to be paid from Commissioner
Halas's travel budget. Again, that item was withdrawn, and it was at
Commissioner Halas's request.
Madam Chair, Commissioners, we have some time certain items.
Item 8(B) to be heard at 1 :00 p.m. That's consideration of an
ordinance adopting a recodification and revision of the county's Land
Development Code to become effective on August 30th, 2004.
And then we have three items that go at 2:00 p.m., and those are
items 10(C), 10(D), followed immediately by 8(C).
Item 8( C) is adoption of a resolution amending the water and
sewer impact fee rate schedule, which is Schedule Two of Appendix
A of Chapter 74 of the Collier County Code of Law and Ordinances,
the same being the Collier County Consolidated Impact Fee
Ordinance.
Item 1 O( C) is a recommendation to adopt a 2003 Collier County
Wastewater Master Plan update, dated 25 May, 2004, and that's
project 73066.
Item 10(D) is a recommendation to adopt a 2003 Collier County
Water Master Plan update, dated May 25th, 2004, and that's project
70070.
And one last note. The backup material for item 10(D) was
incorrect. It was the same as 10(C). Both said wastewater.
Commissioner Fiala brought it to our request (sic), and there was a
print error.
We've since corrected that. 1 O(D) has to do with Water Master
Plan; 10(C) has to do with wastewater. All the corrections were
passed to the commissioners yesterday, and we have additional copies
found on the table outside of the board room for anybody that's
5
May 25, 2004
interested.
That's all I have, Madam Chair.
CHAIRMAN FIALA: Thank you very much.
Commissioners, do you have any additions or corrections to the
agenda, and do you have any ex parte for the summary agenda?
Starting with Commissioner Henning.
COMMISSIONER HENNING: Item 17(B)--
CHAIRMAN FIALA: A?
COMMISSIONER HENNING: -- I think it is.
CHAIRMAN FIALA: A?
COMMISSIONER HENNING: 17(A). Just a clarification of the
petitioner to add into the accessory uses that no outside storage of --
no overnight storage of equipment or vehicles would be added to the
accessory use.
CHAIRMAN FIALA: Any ex parte?
COMMISSIONER HENNING: Ifwe could just -- and if we
could just clarify that, then I'm okay with it.
Petitioner here?
And then I have correspondence from, on 17(A), would be
including our staff, the petitioner, neighborhoods, neighbors in the
neighborhood, neighborhood association, including the Golden Gate
Civic Association, Bob Stone, Jeff Provolone (sic). I think that's it.
17(C) I have a correspondence from a Dr. Freeland, and Dorrill
Management Group; and 1 7 (D), I have correspondence from Mark
Perry .
We could just add that to the accessory.
MR. ARNOLD: Hi. For the record, Wayne Arnold representing
Colonnades Development. Yes, we have no objection. I think it was
implied in our PUD document, and that would certainly be a
clarification that we'd be willing to make on no outside storage of
equipment.
COMMISSIONER HENNING: No overnight.e
6
May 25, 2004
MR. ARNOLD: Correct.
COMMISSIONER HENNING: Thank you. That's all I have.
CHAIRMAN FIALA: Okay. Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I have no proposed changes to the
agenda.
And with respect to summary agenda 17(A), I have some
correspondence concerning that. I have talked with staff previously
about the issue; and also 17(C), I have had some calls and discussions
wi th staff.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I have no changes to the
agenda. The only thing I have in the summary agenda is item C, I
have some correspondence.
CHAIRMAN FIALA: Thank you.
And I would like to pull 17(A). I think we have a number of
people here, and we've had enough correspondence where it concerns
me to have it just on a summary agenda. I would prefer to talk about
it in an open meeting. So if it meets your approval, I would like to
pull 17(A) and put it on the regular agenda. Okay?
And do I need to get approval from the other commissioners, or
how do I do that?
COMMISSIONER HENNING: I think it's the wish -- I will be
in favor of your wishes.
CHAIRMAN FIALA: I knew you would, yeah. Thank you. No,
I mean he's really supportive. I meant that very kindly, actually.
Y .?
es, SIr.
MR. WEIGEL: Okay. Well, you may have -- you may take a
formal motion. But typically the practice has been when a
commissioner wishes to have an item moved, that that is part of the
approval of the agenda to have such -- something moved. So it's
7
May 25, 2004
perfectly fine to have a vote or a nod of consensus up front that that be
moved to the regular agenda.
Mr. Mudd will indicate to you what item it will become on the
regular agenda. And then you -- if you wish, then go to the process of
approving the agenda as amended.
CHAIRMAN FIALA: Thank you. So then going on with my ex
parte, I have -- I have items on 17(A), but we'll discuss them at the
open meeting. I also have information, I've received correspondence
and emails on 1 7 (C).
Other than that, I have no further additions or corrections or
anything to the consent or summary agenda.
Do we have speakers for the summary agenda?
MS. FILSON: The two speakers I have are for 17(A).
CHAIRMAN FIALA: So we can just then put that onto the
regular agenda.
MR. MUDD: Yes. 17(A) will become 8(D).
CHAIRMAN FIALA: 8(D)?
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Okay, 8(D). Thank you.
And Commissioners, do I have a --
COMMISSIONER HENNING: I make a motion that we
approve today's agenda as amended, including the consent, regular,
and summary agenda.
CHAIRMAN FIALA: Second that motion.
All in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
8
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 25. 2004
Withdraw Item 6C: Public Petition request by Ruth and Robert Garee to discuss
after-the-fact variance fees for 234 Palmetto Dunes Circle. (Petitioner request)
Withdraw Item 7A: ADA-2004-AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor
& Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal
the formal interpretation issued by the Director of the Department of Zoning and
Land Development Review that states building construction may not occur over
the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center
West PUD, which comprises + 17.60 acres and is located in Section 18, Township
49 South, Range 26 East, Collier County, Florida. (Petitioner request.)
Continue Item 7B to the June 8. 2004 BCC Meetina: CU-2003-AR-4003 Apostolic
Assembly of the Faith in Christ Jesus, Inc., represented by Terrance Kepple of
Kepple Engineering, Inc., requesting Conditional Use #1 of the "E" zoning district,
to allow a "Church or other Place of Worship" for property located at 1235 San
Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County,
Florida, consisting of 4.86 acres. (Petitioner's request)
Add Item 9B: Discussion regarding dual membership on committees dealing with
TDC projects and funding. (Commissioner Fiala.)
Add Item 101: Recommendation that the Board of County Commissioners enter
into an Agreement with Life Choice Pregnancy Resource Center to receive funds
associated with Adoption Awareness license plate revenues. (Staff's request)
Continue 16B3 to the June 8. 2004 BCC Meetina: Adopt a Resolution authorizing
the acquisition of property by gift or purchase for the purpose of assembling land
to facilitate improvements to canals and properties in the East Naples area
specifically located within the Lely Area Stormwater Improvement Project. Fiscal
impact: $387,000. (Staff's request)
Continue 16B7 Indefinitelv: Award Bid #04-3651, Livingston Road (Radio Road to
Pine Ridge Road) median landscape improvement construction project to Hannula
Landscaping, Inc., in the amount of $989,892.04. (Staff's request)
Withdraw Item 16H5: Commissioner Halas request for Board approval for
payment to attend function serving a valid public purpose. Attend Ed Perico's
retirement party; $35.00 to be paid from Commissioner Halas' travel budget.
(Commissioner Halas request)
Time Certain Items:
Item 8B to be heard at 1 :00 p.m. Consideration of an ordinance adoptina a
recodification and revision of the County's Land Development Code. to become
effective on Auaust 30.2004.
Item 10C and 10D to be heard at 2:00 p.m.. immediately followed by 8C. (Item
descriptions below.)
Item 8C: Adopt a resolution amending the water and sewer impact fee rate
schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier
County Code of Law and Ordinances, the same being the Collier County
Consolidated Impact Fee Ordinance.
Item 10C: Recommendation to adopt the 2003 Collier County Wastewater Master
Plan Update, dated May 25, 2004, Project 73066.
Item 10D: Recommendation to adopt the 2003 Collier County Water Master Plan
Update, dated May 25, 2004, Project 70070.
*Note: Back-Up Material for Item 10D is incorrect in printed agenda packet.
A corrected executive summary has been submitted. Additional copies can be
found on the table outside the boardroom.
May 25, 2004
Item #2B & #2C
MINUTES OF THE APRIL 27, 2004 REGULAR MEETING AND
THE APRIL 28, 2004 MARCO ISLAND COMMUNITY MEETING-
AEER OVEn AS ERE.S.ENIED
CHAIRMAN FIALA: And also may I --
COMMISSIONER HENNING: Make a motion to approve the
April 27th, '04, BCC regular meeting minutes and April 28th, '04,
Marco Island community meeting.
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: And I have a second on that.
All in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Before I move on to the agenda and to the
service awards, Commissioners, this morning Jennifer Edwards, our
Supervisor of Elections, is going to be holding a press conference over
in her office at 10:00 a.m. to get out the vote. It's going to be a
statewide objective for everyone in the entire state at 10:00 a.m. to
hold this press conference.
I need somebody to go over there to represent us on the county
commission. The county manager will be asking Leo to go over, but I
thought if one of us could go over at 10:00 a.m., that would still leave
three of us out to vote. Would that be okay?
COMMISSIONER COLETTA: Vice chair would probably be
the most logical person.
9
May 25, 2004
CHAIRMAN FIALA: How about you? Sounds good to me.
COMMISSIONER COYLE: He's trying to keep me from voting
on something important. I can see that right now.
COMMISSIONER COLETTA: You're smarter than you look.
CHAIRMAN FIALA: So do I have your --
COMMISSIONER COYLE: If that is your wish.
CHAIRMAN FIALA: That is my wish.
COMMISSIONER COYLE: Is there anything that requires --
CHAIRMAN FIALA: I think 10:00 a.m. we'll still be here.
MR. MUDD: By the time -- by the time you get back, we'll be
done with presentations, sir.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: If we find that the time is getting crucial
or something, you just stay, you know, okay. We don't want to be--
COMMISSIONER COYLE: Whatever you wish for me to do.
CHAIRMAN FIALA: Oh, thank you, sir. Gee, he never says
that.
Okay. Service awards.
MR. MUDD: Can I -- can I interject for a second?
CHAIRMAN FIALA: Sure.
MR. MUDD: Would it be okay if we do proclamations first and
do the service awards later, and I -- it's -- ma'am?
MS. DORBURCH: Yes. Madam Chairperson, could we please
leave --
CHAIRMAN FIALA: You're going to need to come up to a
microphone and state your name.
COMMISSIONER HENNING: I think her question is, there is
an item with the church on San Marcos that has --
MS. DORBURCH: 7(B) has been changed to June the 8th. Our
neighborhood would like to depart and give some other folks a seat, if
that would be all right without too much disturbance.
CHAIRMAN FIALA: Certainly, certainly.
10
May 25, 2004
MS. DORBURCH: My name's Peggy Dorburch, I'm sorry.
CHAIRMAN FIALA: Thank you for being here. We look
forward to seeing you on June 8th.
MR. MUDD: Madam Chair, I'd still like to do proclamations
before we do service awards.
CHAIRMAN FIALA: We will, sir. Thank you.
Item #4A
PROCLAMATION DESIGNATING THE MONTH OF
MR. MUDD: Madam Chair, that brings us to item 4(A), which
is a proclamation designating the month of September as Freedom
Month.
CHAIRMAN FIALA: And this will be presented by
Commissioner Coyle.
COMMISSIONER COYLE: Madam Chair, I'd like to make a
brief introductory statement about the purpose for this proclamation.
And the purpose of this proclamation is to honor those who died
during the terrorist attacks of 9/11/2001, and those who have given
their lives in the subsequent war against terrorism.
We also want to express our appreciation to the brave men and
women of our armed forces, law enforcement agencies, fire
departments, and EMS departments who've helped assure our safety
on a daily basis.
We also want to renew our commitment to achieve victory
against the terrorists who threaten our nation.
I'd like to thank all those who've helped me get this project
underway. Beth Walsh, in particular. She was the first one to suggest
a memorial. And Debbie Wright has made numerous good
suggestions concerning public involvement in this process, and all the
11
May 25, 2004
members of the Freedom Memorial Task Force, whom I will name
individually in just a moment.
Briefly what is being proposed in this proclamation process is a
series of commemorative events in September, guest speaker
programs, public participation in the design of a memorial for the -- to
honor the courage and sacrifice of our brave men and women, poster
and essay contests for school children throughout Collier County. The
school board has expressed some interest in coordinating their
academic calendar to teach subj ects such as patriotism, democracy,
and freedom during this month. And finally, we hope to announce the
adoption of a military unit in Iraq.
I'd now like to invite all of our honored guests to come forward
and stand before the desk to accept the proclamation before I read it.
And those would be John Veit, our park superintendent -- by the way,
a veteran and former member of the Fifth Special Forces group. He
has been coordinating much of this activity.
James Elson, president of the Collier County Veterans' Council,
Claude Haines, representing the Collier County tax collector. These
are all members of the Freedom Memorial Task Force, by the way.
Gary Beauchamp, representing Collier County Supervisor of
Elections, Chief Greg Smith from the sheriffs office, Chief Robert
Shank, fire department, CRO Greg Speers from the fire department,
Rich Gibbons representing the Retired Firefighters' Association. And
we also have a retired New York City fireman here, Jerry Sanford.
Would you please come forward, Jerry.
And Marco Island City Councilman, Mike Minozzi, I believe, is
here. Mike, I saw you somewhere. Please come down here. Are
there any members of Naples City Council?
(No response.)
COMMISSIONER COYLE: Okay. I don't see any members of
Naples City Council. The school board, I believe we have Linda
Abbott, Linda, and Steve Donovan, who is also an EMS -- a member
12
May 25, 2004
of our EMS team.
And of course, the constitutional officers are here en masse, Don
Hunter, Sheriff Don Hunter. Come on down, Don. Jennifer Edwards,
Supervisor of Elections; Dwight Brock, Clerk of Courts; Guy Carlton,
Tax Collector; Abe Skinner, Tax Assessor.
And our legislative delegation consisting of Representative
Dudley Goodlette, State Senator Burt Saunders, Representative Mike
Davis, and Steve Hart will be representing Congressman Mario
Diaz- Balart.
So I would like to thank all of you for agreeing to be here to
accept this proclamation, and I will read the proclamation, and then I
will ask members of our legislative delegation to make some remarks.
And then after that, I guess you can go about your business.
Whereas, on September the 11 th, 2001, the United States
suffered an attack by terrorists against the World Trade Center and the
Pentagon that took the lives of almost 3,000 men, women, and
children;
Whereas, those terrorists took advantage of the openness,
hospitality, and tolerance of our society to enter our country and live
among us while we -- while they plotted the murder of innocent
Americans; and,
Whereas, we should honor the many law enforcement officers,
firefighters, and emergency medical personnel who died when they
came to the aid of the victims of this attack; and,
Whereas, we should honor the brave men and women of United
Airlines Flight 39 who gave their lives in a successful effort to thwart
yet another deadly attack; and,
Whereas, in order to assure the safety of all Americans and to
preserve the freedom of our great nation, we are now engaged in a war
against terrorists who would destroy all that we hold dear; and,
Whereas, this struggle to protect our nation will be long and
difficult and will result in further loss of life;
13
May 25, 2004
Whereas, we must be steadfast in our belief that democracy and
its unending pursuit of justice, truth, and freedom for all will prevail
against the evil of these terrorists and those that support them; and,
Whereas, we must never forget the sacrifices of the brave men
and women of our country who are fighting to protect us; and,
Whereas, we must persevere until victory is achieved so the
sacrifice of all those who fall will not have been in vain.
Now, therefore, be it proclaimed that the month of September,
2004, and every September henceforth shall be designated as Freedom
Month, and it will be a month to reflect on the horrible events of 9/11
and renew our commitment to turn back this assault on our nation; a
month when we demonstrate our support for our government, our
armed forces, law enforcement agencies, and fire and EMS
departments; a month when we pay tribute to those who have
sacrificed their lives to preserve our freedom.
Done and ordered this 25th day of May, 2004, Board of County
Commissioners, Collier County, Florida, Donna Fiala, Chairman.
Madam Chair, I would like to make a motion that we accept this
proclamation.
CHAIRMAN FIALA: Second that motion.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
All those in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(N 0 response.)
COMMISSIONER COYLE: I would like to step down and
present this to John Veit on behalf of this entire delegation because he
14
May 25, 2004
has been coordinating this and has been so valuable in getting these
events underway.
CHAIRMAN FIALA: You can see how important it is. Thank
you.
(Applause.)
COMMISSIONER COYLE: John, thank you very, very much.
Thank you. And thank all of you. I appreciate you being here.
Thanks for your support. I really appreciate it.
THE PHOTOGRAPHER: I would like to take a picture, sir.
COMMISSIONER COYLE: Everybody get closer.
THE PHOTOGRAPHER: Two rows, please.
COMMISSIONER COYLE: Where is John?
CHAIRMAN FIALA: Boy, what a picture this is. That picture I
want.
Jerry, good to see you as well. Thank you all for being here.
This is great.
COMMISSIONER COYLE: Now you get to speak. Yes, you do.
Madam Chair, John Veit is going to have some remarks about the
events we planned -- have planned, and then the legislative delegation
is going to have also some remarks.
John, where are you?
MR. VEIT: Commissioner Coyle, if I could defer to them first.
CHAIRMAN FIALA: Okay.
MR. VEIT: That would be all right.
CHAIRMAN FIALA: Then what we'll do is we'll take them in
alphabetical order.
Representative Mike Davis?
REPRESENTATIVE DAVIS: Thank you, Commissioner. It's a
pleasure for me to be here and certainly an honor.
It occurred to me after you told me I wouldn't be able to do my
one-hour speech that -- just to kind of absorb what's going on today,
and thank you for leading the charge on this effort to remember those
15
May 25, 2004
folks that lost their lives, as was stated in the proclamation.
As I looked out here this morning, I see a room full of first
responders whose jobs forever changed that day. Now they do
something -- they do what they did before and they do a lot more, and
we're reminded that they're ready to give their lives for their jobs and
for the people that they serve.
And it's interesting this morning to say those words and be in the
same room with a lot of those first responders who are not only that
but friends, too, and for many of us lifelong friends. So I salute them
and look forward to working with you and the task force to the end of
the memorial. Thank you.
COMMISSIONER COYLE: Thank you.
(Applause.)
COMMISSIONER COYLE: Representative Goodlette.
REPRESENTATIVE GOODLETTE: I thank you,
Commissioner Coyle. I'll be brief, but I would like to just say that I
applaud this commission for this initiative.
I hope that this is something that will be replicated by the other
67 counties in the State of Florida, each recognizing September of
each year as Freedom Month. I think it's a tremendous tribute to the
sacrifice that has been made by so many and the commitment that is
required going forward from so many.
I know as the chairman of the Select Committee on Domestic
Security, appointed immediately following the attack on America on
September the 11 th of 2001, we were commissioned by the leadership
of presiding officers of the Senate and the Florida House to come up
with a plan and to try to determine what is our stage of preparedness
and readiness for any further kind of a terrorist attack, and it was back
the leadership of -- frankly, of our governor, that we have now
focused a regional effort on domestic security in the State of Florida.
It's one that has been recognized by our Vice-President and by
Secretary Ridge as being a model for other states to, likewise, seek
16
May 25, 2004
and emulate.
One of the leaders in that has been our own sheriff, Don Hunter,
who is chairing one of those seven task forces, together with his
colleague from the FDLE.
And I think it's important for some people to know that because
we have been prepared and because we have shown a structure and an
organization, Florida has received over $600 million of federal
resources since the attack on America. Eighty percent of those
resources flow down to the local level.
So this is truly a collaborative effort, a federal, state, regional,
and local effort. And these kinds of commemorations just bear great
witness to the sac -- to the continuing commitment that's going to be
required.
And I applaud you, Commissioner Coyle, for this endeavor, and
for this entire county commission for their leadership. And thank you
very much.
CHAIRMAN FIALA: Thank you.
(Applause.)
COMMISSIONER COYLE: Senator Saunders.
SENATOR SAUNDERS: Thank you, Commissioner Coyle, and
Commissioners. I also want to thank you for this. I hope that every
city, every county, every town across Florida, across the nation,
follow the lead of Collier County in designating this month the way
you have done so. I think it's very important.
A lot of the stuff that we do in government is frivolous. And I
will tell you, this is not frivolous. This is important stuff. It's
important that our kids learn about patriotism. It's important that our
kids understand what happened on September 11 th, 2001. It's
important that they learn how to be patriotic, to love this country. And
this is the type of thing that will help instill that patriotism, that love of
country in our kids, so I applaud you for this aspect of this, the
educational aspect of it.
17
May 25, 2004
But I also applaud you for thanking our public safety personnel
throughout Collier County and throughout the nation, quite frankly,
for what they do every day. They literally lay their lives on the line to
protect our freedoms, to protect our safety, and they do that selflessly.
They put their own safety behind the safety of the people that they're
charged to protect.
And all too often we do not do enough to publicly thank all of the
public safety personnel and all of the armed forces personnel that do
so much for us every day behind the scenes. So again, I thank you for
that.
I do have a Senate proclamation commemorating this -- today's
events as outlined by your proclamation, your resolution, recognizing
those brave men and women who sacrificed their lives on September
11 th and recognizing September as Freedom Month as you have done,
and I'd like to present that proclamation, with your permission, to Mr.
Veit, also as a token of the Senate's appreciation for what you're doing
here in Collier County today.
(Applause.)
SENATOR SAUNDERS: Again, thank you for giving us the
opportunity to be here this morning.
COMMISSIONER COYLE: Thank you very much, Senator.
Steve, did you -- I'd like to ask Sheriff Don Hunter to say a few
words.
SHERIFF HUNTER: Well, thank you. I'll take that opportunity,
such good company.
Thank you very much. Thank you, Representative Goodlette, for
the kind words, and Commissioner Coyle for the bold move to
recognize September and the commission's support for this, I think,
very important memorial.
I believe that from time to time we do need reminders, and I
believe that we all would recognize the fact that public has become, all
of us, perhaps a bit more apathetic in terms of what we need to do and
18
May 25, 2004
how we go about doing it because we simply haven't had another
event.
But I would like to also build upon what I heard before, that the
public safety first responders who are in this room and are now on
duty throughout this county and throughout this state ought to be
commended, not just for what they are expected to do, but for what
they willingly do.
And as I told our members recently during Memorial Week,
another week supported by this commission -- and I appreciate that,
where we honor our fallen. We had the event with the President
recently, and we were able to watch the Secret Service in action, and
they performed their mission flawlessly.
And one of the members of the local delegation -- local citizen
delegation that was standing with me remarked how important it was
that U.S. Secret Service would lay down their lives for the President.
And I wasn't quick enough to remark at the time, but upon
reflection, I want the men and women in this community to know that
the first responders of this county and of this State of Florida are
willing to lay their lives down for, literally, strangers, anybody.
We don't ask questions. We don't wonder who you are, where
you came from, how much money you may have. And that's not
demeaning U.S. Secret Service, that's promoting the fact that the
public safety workers of this community and of this state are willing to
do these things simply by their oath of loyalty to you. And I think it's
befitting that you recognize them today. Thank you.
COMMISSIONER COYLE: Thank you, Sheriff Hunter.
(Applause.)
COMMISSIONER COYLE: Linda Abbott from the school
board.
MS. ABBOTT: Thank you. I brought this up at our last school
board meeting in anticipation of today so that I would have permission
to speak on behalf of the school board.
19
May 25, 2004
And I want to say thank you to our state legislators because they
have created statutes that apply to our schools that talk about the
teaching of character traits, and included in there is patriotism, and
that we have a character council that is working on those issues and
applying them to school.
Very briefly, just wanted to quote, Abraham Lincoln said that the
philosophy in the schools today is the philosophy in the government
tomorrow. How important it is that we instill the love of country and
the patriotism in our children today.
COMMISSIONER COYLE: Thank you.
(Applause.)
COMMISSIONER COYLE: I think we've covered everyone
except John Veit.
MR. VEIT: On behalf of all the citizens of this community that
cherish freedom, I accept these proclamations, and I would like to turn
it over to our county manager, Jim Mudd, where it may be hung in a
prominent place.
I'd also like to commend Commissioner Coyle for the conception
of this. And then I would like to ask each of you to ask this question:
What does freedom mean to me?
F or the last two weeks, I think I've asked that question to myself
about a hundred times. And I've come up with a hundred different
reasons.
And so I went and I asked people on the streets, staff, what it
meant to them. All the same things, justice, truth, liberty, patriotism,
duty, honor, country, freedom of choice, freedom of speech, freedom
to worship as you please. And the more I asked the question, the more
confounded I got.
And then I asked a young man who is here from Cuba, he won a
lottery, and his reply was, freedom is America. And it dawned on me
that that's what it's all about. We take our freedoms for granted here.
Freedom to us is a state of mind. It's a way of life.
20
May 25, 2004
And then I went back to the Declaration of Independence and the
rights of life, liberty, and the pursuit of happiness, and that this
freedom is so -- cherished so much that they would all dedicate to
each other their lives, their fortunes, and their sacred honor.
As you leave this chamber today, I would ask each and every one
of you to question what freedom means to you. Thank you.
(Applause.)
COMMISSIONER COYLE: Thank you very much, John, for all
your help.
I did inadvertently omit one person. Mike Minozzi, city
councilor of Marco, would like to say a few words.
MR. MINOZZI: Yes, I'd like to thank the Board of
Commissioners for this initiative, particularly Mr. Coyle, and I just
want to let you know that the City of Marco Island is in full support,
and we do expect to give you a supporting proclamation, except that
we were caught between meetings. You know how that goes.
But I would like to tell you an interesting story. Just to let you
know that as remote as Marco Island may be in terms of where it
stands and the size of it, we were very instrumental very recently.
About a year or so ago, there was that suspected terrorist where the car
was stopped down on Alligator Alley, and we had the FBI and the
CIA and the federal and the state and everybody.
And the car was stopped there, as you know, for a long time.
Well, apparently there was a need for some particular instrument to
read some kind of unsavory thing that might have been in the car. The
CIA didn't have it, the FBI didn't have it. Nobody had it. Guess who
had it? The City of Marco Island. So we did our part and we intend
to support this initiative fully.
So I, again, congratulate you and thank you very much. Thank
you.
COMMISSIONER COYLE: Thank you, Mike.
21
May 25, 2004
Item #4D
PROCLAMATION DESIGNATING THE MONTH OF
NOVEMBER, 2004, AS CELEBRATE THE ARTS MONTH IN
COLLIER COUNTy - A DO.ITED
CHAIRMAN FIALA: Thank you all for being here. We really
appreciate all of your participation and support. Thank you.
I'm going to rearrange the proclamations just a little bit here by
request. I'm going to go to proclamation D to designate the month of
November to celebrate the -- Celebrate the Arts Month in Collier
County to be accepted by Jean Kowalski. Thank you. Thank you for
coming up. Face everybody. I know it's embarrassing.
Whereas, the arts and cultural community of Collier County
enriches the lives of all residents and visitors; and,
Whereas, tourism in Collier County is significantly enhanced by
the area's diverse offerings of arts and cultural activities; and,
Whereas, the arts playa key role in the business community and
make a significant contribution to the county's economy; and,
Whereas, members of the arts community play an active role in
area schools, enhancing the students' education; and,
Whereas, there is an expansive arts community in Collier County
with 50 plus arts and cultural organizations, 509 plus professional
artists and musicians, 100 plus art galleries and thousands of art
lovers; and,
Whereas, the United Arts Council of Collier County is organizing
a series of art and cultural events throughout the county during the
month of November, 2004.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that November, 2004, will
be Celebrate the Arts Month in Collier County.
And we call upon our citizens to celebrate the arts and culture.
22
May 25, 2004
We encourage residents and visitors to support arts and cultural
organizations in the county and to participate in activities scheduled
during the celebration.
Done and ordered this 25th day of May, 2004, Collier County
Board of Commissioners, Donna Fiala, Chair.
Motion to approve.
COMMISSIONER COLETTA: Second.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: I have a motion to approve and a second.
All those in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you so much. I'm excited about
this.
(Applause.)
MS. KOWALSKI: Thank you very much. And the United Arts
Council of Collier County thanks the Board of County Commissioners
for declaring November Celebrate the Arts Month.
The arts plays such an important part in our daily lives and in the
economy of Collier County. During November numerous
organizations will present hundreds of cultural activities, and we invite
residents and visitors alike to participate in these events.
We hope to see you all there. Thank you so much. Thank you,
Commissioners.
(Applause.)
Item # 4E
23
May 25, 2004
PROCLAMATION DESIGNATING JUNE 7, 2004 AS
CHAIRMAN FIALA: And now we'll have Commissioner
Coletta read a proclamation to designate June 7th as Children's Day at
EMS, to be accepted by Training Battalion Chief Helen Ortega and
Administrative Captain N eomi Diaz.
COMMISSIONER COLETTA: Yes. Thank you, Madam Chair.
Please come up front. Face the audience.
Whereas, Emergency Medical Services in (sic) many times a
child and parent's first contact for help is in an emergency; and,
Whereas, Collier County EMS recognizes the special
circumstances surrounding young patients and understands children's
needs vary greatly from those of adults; and,
Whereas, Collier County is implementing special training for all
of its emergency personnel, which will provide those medical workers
with superior diagnosis and treatment skills that will more effectively
serve children in need; and,
Whereas part of that specialized training includes a new
diagnostic training tool called Sim Babe -- Baby, that EMS is
purchasing through a state grant. The mechanical baby presents health
conditions such as breathing or cardiac problems, and as a result, will
allow paramedics to have one-on-one experience with an automated
child during emergencies in a controlled trained atmosphere; and,
Whereas, EMS continues to (sic) review its training programs
and medical protocol to ensure that it's up to date and uses the latest
treatment and procedures so that patients have the highest potential for
a positive outcome; and,
Whereas, EMS regularly works with Collier County schools,
organizations, other health care providers, pediatricians, and other
county departments to reach out and educate children about safety;
and,
24
May 25, 2004
Whereas, Collier County leads Southwest Florida with cutting
edge emergency training and technology tools to save the lives of
every patient, including the future of this county, the children; and,
Whereas, EMS paramedics are dedicated to providing the best,
most timely care for those in need, specifically those patients such as
children, who many times are incapable of helping themselves.
Now, therefore, be it proclaimed by the Board of Collier County
Commissioners that June 7th, 2004, be proclaimed as Children's Day
at EMS in Collier County.
Done and ordered this, the 25th day of May, 2004, Donna Fiala,
Chairperson, and I make a motion for approval.
CHAIRMAN FIALA: Second that motion.
All those in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you.
(Applause.)
CHAIRMAN FIALA: You're so tiny. I can hardly find you over
this.
Would you like to stand up here and take your picture with us,
please. Thank you.
Would one of you like to say something?
MS. ORTEGA: Good morning. Thank you so much. I accept
this award, this proclamation, on behalf of the children and Collier
County Emergency Medical Services. Our children are our future,
and we hold them very dear to us. Thank you.
(Applause.)
25
May 25, 2004
Item #4F
PROCLAMATION DESIGNATING JUNE 2-7,2004 AS CODE
ENFORCEMENT OFFICERS ' APPRECIATION WEEK-
ADOEIED
CHAIRMAN FIALA: And now we move on to Commissioner
Henning, a proclamation to designate June 2nd through the 7th as
Code Enforcement Officers Appreciation Week, to be accepted by
Janet Powers, operations manager, Code Enforcement Department.
COMMISSIONER HENNING: Janet, would you please step
forward. Thank you.
MS. POWERS: May I bring our staff?
COMMISSIONER HENNING: Yes, you may.
CHAIRMAN FIALA: Come on up here, Janet. Janet, come on
up here.
COMMISSIONER HENNING: Okay. I'm going to go ahead
with this proclamation.
Whereas, code enforcement officers provide a safe -- safety,
healthy -- health, and welfare of the citizens in the community
throughout (sic) enforcement of building, zoning, and housing, animal
control, environmental and other code enforcement ordinance (sic);
and -- do we have any other employees working today?
And, whereas, code enforcement officers deserve recognition for
the jobs that they do to protect the lives and improve (sic)
neighborhoods, as do emergency personnel such as police, fire, and
emergency medical services; and,
Whereas, every day, assist and support (sic) the program staff
and provide quality customer services and (sic) public for a betterment
of community; and,
Whereas, too many times the efforts of -- go unnoticed, even
after compliance has been accomplished due to their efforts and
26
May 25, 2004
experience; and,
Whereas, personnel of Code Enforcement Department are
dedicated, well trained, and highly responsible individuals who take
their job seriously and are proud of their department and local
government within which they serve; and,
Whereas, the Florida Association of Code Enforcement has
declared the first week of June to be set aside by local governments to
honor and recognize Code Enforcement Department staff.
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that the week of June 2nd through 7th of
2004 be designated as Code Enforcement Officer Appreciation Week
in Collier County in accordance with the statewide observation (sic) of
the same and encourage citizens of Collier County to join this
commission to express their appreciation for their dedication,
outstanding service, provide (sic) individuals who serve our code -- as
our code enforcement officers.
Signed by the chairman of the Board of Commissioners, Donna
Fiala. Done in this order, 25th day of May, 2004.
Madam Chair, I make a motion to approve.
CHAIRMAN FIALA: And I second that motion.
All those in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much for all you do.
(Applause.)
CHAIRMAN FIALA: Speaking of wide-angle lens, huh?
You're just trying to hide, that's all it is.
MS. POWERS: Good morning, Madam Chairman,
27
May 25, 2004
Commissioners. Janet Powers, operations manager of the Code
Enforcement Department.
I'd like to share with you a bit of history about code enforcement.
The earliest known codes are housing codes and date back to 2000
BC when the Babylonian empire declared law that if a builder built a
house so poorly that it fell and killed the owner, the builder would be
slain. If goods were destroyed, the builder would replace them.
We've come a long way.
The history of housing codes in the United States began during
the Colonial period when, as settlement of colonies spread,
communities discovered that certain conditions were not conducive to
general health and safety of its people. Communities banned thatched
roofs, as sparks from chimneys burned several of the buildings, excuse
me, to the ground.
They also implemented sanitation measures relative to the
location of outhouses to inhibit the spread of disease. And I think,
although I'm not sure, that this is also when the importance of wind
direction came into play.
Code development today addresses a wide range of issues that
affect the environment, health, safety, property values, and general
well-being of the public. Some violations exist because citizens don't
realize they've violated a code or law. Some may be unaware that it's
illegal to put a sign in the right-of-way or park a recreational vehicle
in their driveway. So our goal is to gain voluntary compliance.
And our investigators regularly attend association meetings and
homeowners' meetings to educate the public on what they can and
cannot do in this community.
Although the laws that protect health and safety are widely
received and people can recognize the need for those, the more
difficult laws are those that promote neighborhood integrity, prevent
property decline, reduce visual clutter and preserve the quality of life.
However, communities are realizing the value of code
28
May 25, 2004
enforcement and are seeking the best laws and methods and the best
qualified people to address these community needs.
On behalf of the highly trained and dedicated professionals
before you today, and Michelle Arnold, our code enforcement
director, I thank you for acknowledging our efforts by proclaiming
June 2nd through the 7th as Code Enforcement Appreciation Week.
Thank you.
(Applause.)
COMMISSIONER HENNING: I have a code enforcement
question. The overnight park -- or parking in residential, does that
include guests, must park on improved surface; includes guests?
MS. POWERS: The short answer, yes.
COMMISSIONER HENNING: You did that on my behalf,
right?
MR. MUDD: Yes, sir.
Item #4B
PROCLAMATION DEDICATING THE NATIONAL WORLD
CHAIRMAN FIALA: And now we move on to proclamation to
dedicate the National World War II Memorial on May 29th, 2004, to
be accepted by Jim Elson, president of the Collier County Veterans'
Council, and Don Peacock.
MR. ELSON: We brought some World War II soldiers with us.
CHAIRMAN FIALA: Oh, that looks wonderful. I've been
watching this guy standing at attention down here all meeting.
COMMISSIONER COYLE: Whereas, the National World War
II Memorial will be dedicated on May the 29th, 2004; and,
Whereas, the Memorial will be the first national memorial
dedicated to all who served during W orld War II and will honor all
29
May 25, 2004
military veterans of the war as well as the citizens on the home front,
the nation at large, and the high moral purpose and idealism that
motivated the nation's call to arms; and,
Whereas, as symbolic of the defining event of the 20th Century
in American history, the Memorial will be a monument to the spirit,
sacrifice, and commitment to the American people; and,
Whereas, the Memorial will stand for all time as an important
symbol of American national unity, a reminder of the moral strength
and power that can flow when a free people are at once united and
bonded together in a common and just cause.
Now, therefore, be it proclaimed by the Board of County
Commissioners, Collier County, Florida, that we wish to add our
voices in recognizing the spirit, dedication, and courage of what is
truly our Greatest Generation.
Done and ordered this 25th day of May, 2004, Board of County
Commissioners, Collier County, Florida, Donna Fiala, Chairman.
Madam Chair, I make a motion that we accept this proclamation.
CHAIRMAN FIALA: I second it.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Oh, sorry.
All those in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
(Applause.)
COMMISSIONER COYLE: Youngest colonel I've ever seen in
my life.
MR. ELSON: He's going to be working for the county.
30
May 25, 2004
COMMISSIONER COYLE: Oh, is he? Okay, good.
MR. MUDD: Hey, Commissioner, I'd say that rear admiral right
there's pretty young looking too.
MR. ELSON: James Elson, as president of the Veterans'
Council, it's an honor to receive this for our county and for our
veterans that reside here in the county, many of them from the World
War II era.
It's an interesting proclamation because it recognizes the people
that served in uniform. But at that time during World War II, which
was before my birth, the entire country was going together and bonded
in service to the country. So really, this memorial is to all who lived
and served in this country at that time.
I'd also like to invite all of you to our Memorial Day service,
which will be at the cemetery on 111 th Avenue, 9:30 on Monday, to
honor all those who have fallen and served in every war in this United
States. Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MAY 28, 29, AND 30, 2004 AS
CHAIRMAN FIALA: And now our final proclamation
designating May 28th, 29th, and 30th, 2004, as World War II
Memorial Dedication Weekend, to be accepted by Mike Viechec,
Gary McCue from the American Veterans, and Julius Futo from the
American Legion.
COMMISSIONER COYLE: Good to see you. Turn around and
face the audience.
Whereas, during the upcoming Memorial Day weekend, a long
overdue celebration will take place at our National Capitol honoring
31
May 25, 2004
those brave men and women both in the military and civilian
communities who gave so much of themselves to protect the freedoms
which we as a nation enjoy today. The World War II Memorial on the
Mall will be dedicated on Saturday, May 29th, 2004; and,
Whereas, tens of thousands of World War II veterans and their
families will assemble on the Mall in Washington, D.C., for the
official dedication. Funds have been raised through spaghetti suppers
by the Naples Memorial VFW Post 7369 to send Michael Viechec to
the dedication as their official representative; and,
Whereas, Mike will also be acting as an unofficial representative
of Collier County and the City of Naples, Florida, for carrying with
him thousands of signatures of local residents as a thank you to those
who participated in the war effort; and,
Whereas, in 1943, Mike Viechec left work in the coal mines of
Hazleton, Pennsylvania, at the age of 18 years to join the U.S. Army.
He was sent to the Citadel to train for the eventual occupation of
Germany. He and his classmates received word one morning that they
were being shipped to Europe to participate in the invasion of
Normandy; and,
Whereas, as an Infantryman, Mike fought his way across Europe
participating in numerous battles including the Battle of the Bulge.
He was one of the first U.S. Troops to enter the concentration camp at
Dacau. When the war in Europe ended, Mike was sent to board a
troop transport in France bound for the Pacific and the invasion of
Japan. Before the ship left port, word came that the bomb had been
dropped, and the war in the Pacific was over.
Mike was sent to Germany to take part in the occupation. He
returned to work in the coal mines after the war and eventually went to
work for the U.S. Postal Service. After a career with the Postal
Service, he retired in Naples and has lived here for many years; and,
Whereas, Mike has continued to serve his fellow veterans and his
community as a life member of the VFW, American Legion, Disabled
32
May 25, 2004
American Veterans, and Amvets. He has been a member of both the
VFW and American Legion for more than 60 years.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the weekend of May
28th, 29th, and 30th, 2004, be designated as World War II Memorial
Dedication Weekend and it urges all citizens to become familiar with
its very important Memorial and to take time to personally thank
veterans like Mike Viechec for their dedication and sacrifice.
Done and ordered this 25th day of May, 2004, Board of County
Commissioners, Collier County, Florida, Donna Fiala, Chairman.
Madam Chair, I make a motion we accept this proclamation
clam.
CHAIRMAN FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
(Applause and standing ovation.)
COMMISSIONER COYLE: Mike?
CHAIRMAN FIALA: If somebody would like to say something.
State your name.
MR. VIECHEC: I want to thank the commissioners and the
citizens of this county for bestowing this proclamation on us.
I know when we go down there, we'll be representing the finest
citizens in our great nation. And one thing about the monument, my
memories laid dormant for many years, and with the opening of the
groundbreaking down there, that sleeping memory box got awake, and
that brought back a lot of -- a lot of memories. It was dormant up
33
May 25, 2004
there for a long time. This shook it loose like an alarm clock.
Well, I want to thank you again, and I know we will represent the
finest Americans at the Mall, Collier County citizens. Thank you.
(Applause.)
CHAIRMAN FIALA: Now we're going to go to service awards.
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Very go. Do we have--
MR. MUDD: It's right there.
CHAIRMAN FIALA: Oh, is it?
This is Commissioner Henning that will present.
Item #3A
MR. MUDD: Madam Chair, Commissioners, we have two
20-year attendee awards. The first one is Bill Finch from Parks and
Recreation.
(Applause.)
MR. MUDD: The next 20-year awardee is Sharon Newman
from the Transportation Department.
(Applause.)
Item #5B
PRESENTATION OF THE PHOENIX AWARD TO RECOGNIZE
EMS PARAMEDICS, FIREFIGHTERS, AND SHERIFF'S
OFFICERS WHO THROUGH THEIR SKILLS AND KNOWLEDGE
HAVE SUCCESSFULLY BROUGHT BACK TO LIFE
MR. MUDD: Madam Chair, if we could have one more
34
"-
May 25, 2004
deviation. It's the last time I'll make a recommendation, and I notice
we still have some service providers from EMS and the sheriff and the
fire departments here. Ifwe could do -- if we could do the Phoenix
Award, and we can get those folks back -- and honor them and get
them back to their job, that would be great.
CHAIRMAN FIALA: Okay.
MR. MUDD: And that's 5(B), and that's present the Phoenix
Award to recognize those EMS paramedics, firefighters and sheriffs
officers who, through their skills and knowledge, have successfully
brought back to life individuals who had died. And Mr. Dunnuck,
along with Commissioner Coletta, will help us on this one.
MR. DUNNUCK: Good morning, Commissioners. The Collier
County Emergency Services Department has adopted the Phoenix
Award to recognize those EMS paramedics, firefighters, and sheriffs
officers 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.
U sing their skill, knowledge, and expertise, this group brought
back to life seven members of our community since our last
presentation in November. We are proud to recognize the following
heroes. If they could please come forward and stand. We'll pass out
the presentations in the hallway later.
Danny Alvarez.
(Applause.)
MR. DUNNUCK: Jerry Beck.
(Applause.)
MR. DUNNUCK: Dave Becker.
(Applause.)
MR. DUNNUCK: Scott Birge.
(Applause.)
MR. DUNNUCK: Rob Boyer.
(Applause.)
35
May 25, 2004
MR. DUNNUCK: Tim Buener.
(Applause.)
MR. DUNNUCK: David Cranor.
(Applause.)
MR. DUNNUCK: Mark DaSilva.
(Applause.)
MR. DUNNUCK: Dean Homan.
(Applause.)
MR. DUNNUCK: Steve Huton.
(Applause.)
MR. DUNNUCK: Chuch Jenks. Chuch was actually involved in
two saves.
(Applause.)
MR. DUNNUCK: Margo Klingensmith.
(Applause.)
MR. DUNNUCK: Neil MacLarty.
(Applause.)
MR. DUNNUCK: Otto Ortega.
(Applause.)
MR. DUNNUCK: Doug Roberts.
(Applause.)
MR. DUNNUCK: Daniel Sawyer.
(Applause.)
MR. DUNNUCK: Craig Weinberg.
(Applause.)
MR. DUNNUCK: Dan Wilcox.
(Applause. )
MR. DUNNUCK: Arthur Wolf. Arthur was also involved in
two saves.
(Applause)
MR. DUNNUCK: Bill Woods.
(Applause.)
36
May 25, 2004
MR. DUNNUCK: Matthew Zaleznik.
(Applause. )
MR. DUNNUCK: And could we also have Al and Sandy Pitts
come forward.
(Applause.)
MR. DUNNUCK: Al and Sandy went above and beyond the call
of duty. On March 29th the Pitts left unusually early to go to Fort
Lauderdale Port to get on their cruise. While waiting outside the ship,
a man ran toward Sandy saying a man needed medical help.
Al returned from parking the car soon after. When I checked him,
he was breathing, Al explained the tense situation. In just a few
seconds, after Al stood up, Sandy said, the 30-year-old male patient
suddenly stopped breathing. Immediately, the husband and wife
checked for the pulse and began CPR. With their help that person was
saved. That's it. Thank you.
CHAIRMAN FIALA: I'd like to say we're standing here with a
bunch of heroes.
COMMISSIONER COLETTA: We are.
CHAIRMAN FIALA: Thank you all.
(Applause.)
THE PHOTOGRAPHER: If I could have you move in a little bit
closer.
CHAIRMAN FIALA: We'll stay.
MR. MUDD: Thank you.
Item #5A
PRESENTATION BY MICHAEL CARR REGARDING FINAL
REPORT ON DOMESTIC ANIMAL SERVICES, INVESTIGATION
CASENO 03-1941-CC - ERES.ENIED
MR. MUDD: Madam Chair, that brings us to presentation item
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.._--
May 25, 2004
5(A), which is a presentation by Michael Carr regarding final report
on Domestic Animal Services investigation case number 03-1943-CC.
Mr. Carr.
MR. CARR: First I want to tell you how inspirational it was to
listen to those proclamations. That -- my dad served in Wodd War II,
and I served two tours of Vietnam, and that was wonderful. You
guys, that was wonderful.
(Applause.)
MR. CARR: So God bless you.
This report is the final report that I prepared on a court order.
N ow I'll go to the body of the report.
The purpose of this investigation was to protect animals and help
prevent cruelty to animals. The positive response of the county
manager and his staff have gone a long way towards accomplishing
that goal.
My review confirmed numerous problems in the operation of
Division of Animal Control. As noted in Leo Ochs' letter of April 7,
2004, my findings were largely consistent with the findings outlined in
the investigative report filed by the Human Resources Department last
August.
My overview of the problems of the DAS are as follows:
The DAS grew from a very small organization with few people
and little or no consistent planning or procedure. The control over the
finances and records of the DAS were virtually non-existent. The
DAS often was operated on an ad hoc basis for the convenience of the
staff, not the animals or the taxpayer.
Over the years stories of the problems with the DAS did surface,
and often the employee involved with the whistle-blowing was
terminated. One such employee is Ruth Behre, who provided sworn
testimony to assist in this investigation. It would send a powerful
signal that things have changed for the better if her status was
reviewed for possible re-employment by the DAS.
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May 25, 2004
The county, in its own internal investigation last August, outlined
numerous problems with DAS. They did not solve the problems they
outlined.
After the interim report was prepared, I met with the county
manager and then with Beth Walsh, the interim director of the DAS.
Ms. Walsh is doing everything possible to solve the problems with the
DAS. And that's important, by the way. She's changing the attitude of
the staff from an "us versus them" to a positive effort to work with all
citizens interested in animal welfare.
A collection of old directives has been cobbled together into a
manual of sorts. A new planning and procedures manual with a clear
mission statement will be prepared under the guidance of the new
director of the DAS. Each employee should be able to understand his
or her role in the department with a simple, easy-to-understand
planning and procedure manual.
Interim Director Beth Walsh has made it clear that employees
will comply with state statutes and county rules and procedures.
There will be a careful accounting of the money and the resources that
go in and out of the DAS.
There is a commitment to make the newly created advisory board
into a real partner in improving the DAS. As an individual, I have
offered to assist in drafting new animal cruelty investigative
procedures and will assist the new director of DAS with the approval
of the Citizens Advisory Committee. And they've asked me to do that,
and I will do it.
It is crucial that a well-qualified experienced director be recruited
to run the DAS. The new DAS director should establish a new
planning and procedure manual for the staff as soon as possible. The
old directives, collected by alphabet, should not bind the new director.
More and better training for the staff with special emphasis on
documenting animal cruelty and providing trial quality records and
testimony for the Office of the State Attorney must be provided.
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May 25, 2004
The staff must understand that passing out civil citations is not
the correct response to animal cruelty, which in many cases is a
felony. Every instance of possible criminal activity must be properly
documented and reported to law enforcement. It is not adequate to
passively assist law enforcement when specifically requested.
Some current staff members may not be willing to make the
changes that are required. Those staff members willing to make the
new DAS a success will be welcome.
Interim Director Beth Walsh has been a breath of fresh air. She
has a positive attitude and a firm commitment to the effort to improve
the DAS and achieve the finest Domestic Animal Services Operation
in the state. She can't do the job by herself.
The many years of hostility between groups and people
committed to animal welfare must end. With a new director and a firm
commitment to work together, we will be able to provide Collier
County with the finest Domestic Animal Services Operation in State
of Florida. Thank you.
CHAIRMAN FIALA: Thank you, Mike.
COMMISSIONER HENNING: Thank you.
(Applause.)
CHAIRMAN FIALA: And Mike, just on behalf of all of us,
thank you for all the dedicated and hard work that you've given to us
to try and improve the situation. Thank you.
MR. CARR: Well, God bless you, and it's been a pleasure to
help.
CHAIRMAN FIALA: Thank you.
MR. CARR: Thank you.
COMMISSIONER HENNING: Mr. Carr has also dedicated a lot
of hours into -- of his own personal time to look at the operations and
how we can operate that differently and more efficiently, so thank
you.
MR. CARR: Again, I want to thank the staff. You know,
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May 25, 2004
government often gets a bad rap, and it could have -- instead of taking
a positive attitude, they could have tried to sweep things under the
carpet, but Mr. Mudd and this commission has made a conscious
decision to provide the best possible service for the taxpayers of
Collier County, and I think you deserve some credit for it. That's just
my opInIon.
CHAIRMAN FIALA: Oh, thank you, Mike. Thank you.
MR. CARR: Thank you.
Item #5C
RECOGNIZING EDWARD S. PERICO FOR HIS OUTSTANDING
SERYICE..IO COLLIER COllNTY
CHAIRMAN FIALA: And now, I have -- with great pleasure
and yet with some sadness, I'm going to ask Ed Perico to come in,
come up here. We're going to lose Ed Perico, and sadly. He's going to
retire and have a great old time, but we're going to be missing you a
lot.
And let me just read a few things about Ed. He's been with
Collier County for 18 years as a dedicated and faithful employee.
He's served in the building review and permitting department since
1986. He served as a building inspector and later as lead structural
inspector.
He provided structural, electrical, and mechanical inspections for
over a thousand residential and commercial structures over a nine-year
period.
He has served as the director of the Building Review and
Permitting Department in Community Development and
Environmental Services from December 27th, 1995, to May 31st--
not yet. You can't leave yet -- 2004.
He faithfully and honorably served to promote exemplary
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May 25, 2004
residential review standards and governmental oversight, and as a
result, promoted harmony between the industry and the citizens. You
are respected so highly by everybody in the industry, Ed, and we're so
proud of you.
He always displayed a positive can-do attitude, and as a result,
managed one of the most efficient and effective building departments
in the State of Florida. His team, his employees, have reviewed and
processed over 200,000 applications for commercial and residential
building permits. He professionally and proficiently enforced the
dictates of the Florida Building Code and Collier County's Land
Development Code.
Ed was born in New York City and started working with his dad
in the construction field at the young age of 13. When he became of
age, Ed entered the Air Force and was in active duty serving our
country for four years. He then became a New Jersey police officer
and served with the department for nine years.
After nine years on the police force, Ed's heart led him back to
the construction field where he started his own construction business
with 92 employees. He and his wife Barbara -- raise your hand,
Barbara -- who is employed with the Collier County Transportation
Division, have three daughters, 12 grandchildren and one great
grandchild.
Ed loves the outdoors. And when the opportunity arises, he
spends time at his lodge in Arkansas. Ed has been a tremendous asset
to Collier County and will be missed by all.
(Applause.)
MR. MUDD: Sure you don't want to change your mind?
CHAIRMAN FIALA: Would you like to take a picture here,
Ed?
Ed, if you'd like to say a couple words, and then we have David
Ellis, who would like to say a couple words.
MR. PERI CO: I've got to believe that we've probably taken it
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May 25, 2004
through the fastest growth that this county's going to see. It's going to
be steady from here on out, probably the next 15 years.
I could not have done it without my staff of 79 employees. These
are the people that should be standing here, not me. Thank you.
(Applause.)
MR. ELLIS: Good morning, Commissioners. I'm David Ellis
with the Collier Building Industry Association.
We wanted to take a moment also to recognize Mr. Perico and
what he's meant to our community. He's walked our community
through the days when we did everything on ledgers and on files and
on paper to a very sophisticated technology system at development
servIces.
I get to talk to people that do what I do around the country.
When I talk about Ed Perico, they don't understand it, because I'm
talking about a partner in government as opposed to someone we have
to fight with all the time.
Believe me, one of the things that's the hallmark of Ed is, he'll
tell you no. He tells the people in the industry no all the time, but he
ends it with, no, but here's a way you could do it, or how about this,
this would comply with code, or I have an idea that would be better
for Collier County.
Ed's been that kind of public servant who's worked with the
industry, who's protected the community, and done a wonderful job to
make government really, really tangible and workable for the people
of Collier County. We're very, very proud of Ed. He's been a real
partner to all of us. I know he's been a partner to you, and we wanted
to acknowledge him.
I know tomorrow his staff, they're having a reception for him at
development services from two until four. I'm sure all of you have
been invited. But we'd invite anyone to come and just say thank you
to Ed. And I know there's some recognitions for him by his staff and
others that are going to happen after that. But certainly, again, Ed
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May 25, 2004
Perico's been a wonderful public servant and, I think, a model for what
government can be. Thank you.
CHAIRMAN FIALA: Thank you, David.
(Applause.)
Item #5D
RECOGNIZING JOHN M. DUNNUCK III FOR HIS
CHAIRMAN FIALA: And now, again, the pleasure and yet sorrow
involved with losing another one of our employees who's being just
whisked away from us by Pam Mac'Kie of all things.
John, come up. We're going to miss you a lot as well.
Can I just say that I first met John -- you were just new on the job
when I first met you over there at Golden Gate Community Center? I
was the director of the Chamber of Commerce for Golden Gate, and
John was brand new with the county, and we got to be instant friends.
John has made a significant contribution in his tenure with
Collier County Government. His management skills and abilities
were recognized early on, and he advanced rapidly, as we can see.
He began his career with the county in 1995 as supervisor of the
Golden Gate Community Center in the Parks and Recreation
Department. In 1997 he became operations coordinator for the
department. In 1999 he became an assistant to the county manager
where we worked for Bob Fernandez, Mike McNees, and Tom Olliff.
In 2000 John was assigned the role of interim administrator for
the Community Development and Environmental Services Division.
Among his many accomplishments as administrator, were the
implementation of a plan to greatly improve public participation
during the development review process, resolving the golf course
impact fee issue, and the Tourism and Housing Department was
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May 25, 2004
reorganized to improve effectiveness and accountability.
His latest responsibility has been as administrator for the county's
largest division, the Public Services Division. The division contains
the Parks and Recreation Department, the County Library System, and
the County Museum System.
In addition he has had responsibility for the Emergency Medical
Services Department, the Domestic Animal Services Department, the
Human Services Department, Veterans Services, and Extension
Services. Additionally, he has served as the county liaison to the
County Health Department and the David Lawrence Center.
John graduated from the University of Illinois with a Bachelor of
Science Degree, Leisure Studies. Presently he is in the process of
completing his Master's Degree in Public Administration at Florida
Gulf Coast University.
John is married and is the very proud father of two daughters, and
they're beautiful little girls.
John will be sorely missed, and we wish him the best as he
tackles new endeavors. Thank you, John.
(Applause.)
CHAIRMAN FIALA: John, picture.
COMMISSIONER COYLE: He forgot the routine.
CHAIRMAN FIALA: How quickly we forget.
If you'd like to say a few words, John.
MR. DUNNUCK: I'll keep it short and sweet because by this
afternoon you'll be sick of me.
You know, the first time I started with the Golden Gate
Community Center, I remember coming in and interviewing, and
actually interviewing with Commissioner Henning as part of the
Advisory Board, and I got the job.
The first meeting I went to was at the Civic Association, and
about 20 people came up to me and said, do you know what you got
yourself into? And I'm still asking that question from that standpoint.
45
May 25, 2004
But I've really enjoyed it. Collier County's been very good to
me, and I couldn't have done it without everybody else. Thank you
very much.
CHAIRMAN FIALA: Thank you, John.
(Applause.)
COMMISSIONER HENNING: He'll be back.
Item #5E
DISTINGUISHED BUDGET PRESENTATION AWARD FOR THE
CURRENT FISCAL YEAR FROM THE GOVERNMENT
FINANCE OFFICERS ASSOCIATION (GFOA) PRESENTED TO
THE OFFICE OF MANAGEMENT AND BUDGET - AWARD
ERES.ENIED
CHAIRMAN FIALA: And now Commissioner Henning will
present the distinguished budget presentation award for the current
fiscal year from the Government Finance Officers Association
presented to the Office of Management and Budget, and to be
accepted by Mike Smykowski, director, Office of Management and
Budget.
Mike, come on down.
COMMISSIONER HENNING: Collier County recently
received the Government Financial (sic) Offices Association of the
United States and Canada, and they're pleased to announce that our
department in Collier County budget has received the distinguished
budget presentation award for its budget preparedness.
This award represents a significant achievement by the -- by our
budget department and reflects the commitment of the government
body and the staff to meet with high principles of government
budgeting.
In order to receive this budgeting award, our budget department
46
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May 25, 2004
has to satisfy nationally recognized guidelines for effective -- efficient
budget presentation. These guidelines are designated to assess how
well the entity is budgeted services (sic) as policy document, financial
planning, operation guide, and communication device.
The budget document was rated a -- proficient in all four
categories. So I, Commissioners, am proud to accept this award on
behalf of Collier County, and pass it over to our budget office for such
an outstanding job in continuing of doing an outstanding job on not
only preparing the budget, but also managing the budget. Thank you.
(Applause. )
CHAIRMAN FIALA: Numbers crunchers, huh? Come take a
picture with us.
Mike, would you like to say a few words?
MR. SMYKOWSKI: Yes, I would. Thank you, Commissioners.
It's an honor to get this award. I also would be remiss if I didn't
recognize my staff. If you'd stand, please. I'd like to recognize them
individually.
During the course of the budget process every year, the process
itself is very demanding in terms of time on them personally and
impacts their personal and family lives as well. And I want to
recognize them as well for the efforts they've made over the years.
Randy Greenwald, Pat Leonard, Robin Johnson, Susan Usher,
Gary Vincent, and Mark Isaacson. And I'd like to accept this on
behalf of my staff and the team effort as well from the balance of the
county manager's agency and all those who participate in the budget
process on an annual basis. Thank you.
COMMISSIONER HENNING: Congratulations.
(Applause.)
Item #5F
RECOGNIZING BRIAN BOWER, PLANT MECHANIC, PUBLIC
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May 25, 2004
UTILITIES DIVISION, AS EMPLOYEE OF THE MONTH FOR
MAY, 2004
CHAIRMAN FIALA: And our last presentation is to Mike -- or
to Brian Bower, plant mechanic, Public Utilities Division, as
Employee of the Month. Brian, sorry you had to wait so long, but
glad you're here.
Brian's position of plant mechanic is one that he takes very
seriously with pride of ownership attitude second to none. He is
responsible for maintenance and repairs of the diverse equipment that
is critical toward the facility maintaining a reliable consistent supply
of water to our customers.
As an example, during this past year, one of these critical
processes, the sulfuric acid feed system, experienced dozens of leaks.
The situation was a result of a change in acid strength supplied by the
vendor.
The existing pipe system was unable to withstand the higher
percentage concentration and subsequently the piping material
degraded to the point where leaks developed.
Brian was instrumental in identifying the cause of the problem.
This particular piping material required specialized training and
certification to safely and effectively install and repair.
Brian moved quickly to obtain the appropriate certification in
order to requisition the materials necessary to conduct an in-house
repair. By doing so we eliminated our dependence on outside
contractors. This situation developed during the peak demand season
so the need to maintain consistent and reliable production was
paramount.
There were instances of numerous repairs on the same day, and
many times Brian had to be called back to the facility to make yet
another repair. These were stressful times; however, Brian always
maintained a positive and professional attitude.
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May 25, 2004
Brian's areas of responsibility go beyond the confines of the plant
process building. Another example of Brian's abilities and knowledge
in maintenance has been demonstrated in the rehabilitation of the light
poles on the water plant grounds. Over the years, the yard light posts
have deteriorated. Brian recommended a procedure to rehabilitate the
posts instead of replacement. The finished product is excellent, and
the cost savings to the county exceeds $20,000.
Our Employee of the Month is Brian Bower. Thank you, Brian.
(Applause.)
CHAIRMAN FIALA: We have a little plaque for you, we have a
little check for you. And if you'll take a picture with us, we'd
appreciate that. And if you'd like to say a couple words, you can,
Brian.
MR. BOWERS: That's all right.
MR. MUDD: Congratulations, Brian.
COMMISSIONER HENNING: Good employee there.
CHAIRMAN FIALA: And right now, at 10:34, we're going to
take a 10-minute break before we continue.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seat.
Madam Chair, you have a hot mike.
CHAIRMAN FIALA: Thank you very much.
Item #6A
PUBLIC PETITION REQUEST BY LODGE MCKEE TO DISCUSS
A PARTNERSHIP TO MAKE THE NAPLES DEPOT THE
"GATEWAY" TO THE COLLIER COUNTY MUSEUM SYSTEM -
STAFF TO MEET WITH ALL REPRESENTATIVES TO WORK
OUT THE PARAMETERS REGARDING THIS MATTER AND
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May 25, 2004
We move on to the public petitions portion of our agenda. That's
number 6(A). Public petition request by Lodge McKee to discuss a
partnership to make the Naples Depot the gateway to the Collier
County Museum System.
Thank you for being here with us today, Lodge.
MR. McKEE: Good morning. Thank you, Madam Chairman
and members of the commission.
I appreciate the opportunity to speak to you about this. We have
distributed to you a proposal that we prepared earlier this winter, and I
hope that you've had a chance to look at it. I know we've been in the
news with this a little bit lately.
I am the -- I'm speaking on behalf of Southwest Heritage,
Incorporated, which is a nonprofit organization incorporated in the
mid '70s to acquire and preserve the Naples Depot as a landmark.
We were able to nominate the structure to the National Trust for
Historic Places. It is now one of only five structures that we have in
Collier County that are listed in the national register.
And we have operated the Depot for about 25 years as a meeting
place for cultural and civic groups and a headquarters for nonprofit
organizations. That has been a successful format for us, but times
have been changing and a number of the associations who avail
themselves of the Depot in the past have outgrown the facility, and
some have prospered to the point where they now have their own
headquarters.
And so it became apparent to us several years ago that we were
going to need to reinvent the Depot and come up with an operating
format that would be successful in the years to come.
And to that end, we commissioned a study with a group called
Learning Experiences, Incorporated, in Washington, D.C. And it was
a rather exhaustive and expensive study, I might add, where they came
to Naples and did a lot of groundwork, a lot of interviewing, looked at
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May 25, 2004
our facility, and came up with some conclusions that would help us
develop the new format for the Depot.
And I'd just like to quote one paragraph. It said in the executive
summary, based on our studies, interviews, site visits and awareness
of the world of educational attractions, we recommend that the Naples
Depot reconfigure itself into a broadly based public attraction museum
of transportation and communication.
This museum should include exhibitions and activities which
celebrate the railroading history of the building in Southwest Florida,
and take full advantage of the existing rolling stock, riding train, and
Lionel layout and expand into the world of contemporary
transportation and communications.
In this way, the Depot would not only exist as a physical
landmark, but as a place where people come to appreciate history and
to celebrate history, which we feel, having studied this as thoroughly
and as carefully as we have, is the highest and best use for that
landmark.
And so our board of directors unanimously approved a proposal
that we put before you to make the Depot facility available to the
County Museum System as a front door, as a high visibility, very easy
access facility for the museum.
And as you know, we do have a very fine facility here on the
courthouse grounds, but that campus is isolated, it's not easy to find,
and, clearly, the museum needs a front door.
The proposal is to lease the Depot facility to Collier County for a
dollar a year. The -- we don't usually put a value on historic physical
assets. The term priceless is often used, but it is, of course, an old
building, a well maintained one at that. But the land is very, very
prime commercial property. It's worth in excess of $3 million. And
we hope that you will perceive that one dollar a year for the use of that
land and facility is a very good value.
What we hope to accomplish through this, not only by creating a
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May 25, 2004
museum facility that sets forth displays about transportation, about the
growth of Collier County and the greater Naples area and how
transportation affected that growth, but also tell the story of the
founding of this particular area. It's certainly an appropriate venue for
that.
The museum has assets and display material already in hand that
could help develop those displays. There are also independent sources
that typically contribute to the development of those displays.
And with some aggressive work on our part to help tap those
resources, we may find in a very short time that the actual dollar
outlay to maintain and operate the facility is relatively minor.
We currently operate the Depot on a budget of about 250,000 a
year, and about 75,000 of that is salaries and benefits to our staff.
So we ask you this morning to consider the proposal. We're
certainly anxious to try to answer any questions that you may have.
We can also offer at this time that we've had discussions with the
mayor and members of the city council in Naples who are supportive
of this initiative and are willing to pitch in in an appropriate way to
help with the ongoing maintenance and operation of the Depot.
So there's an opportunity here for a private and city and county
collegial effort to provide an educational facility for the people of
Collier County and its many visitors.
Be glad to answer any questions that you may have.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Would the Southwest Heritage
be willing to walk away from the facility and let the Collier County
Museum move in and operate that -- the full facility?
MR. McKEE: That's correct. We are -- we are offering the
entire facility, with a couple of exceptions that are --
COMMISSIONER HENNING: Without the exceptions?
MR. McKEE: We'd have to take that back to the board. The
exceptions are simply the transportation exhibits that currently exist
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May 25, 2004
that we help to operate.
We have a support membership organization of approximately
630 members, a board of directors who operate the Depot of 25
individuals. We have a modest endowment of approximately
$250,000. And those resources would all continue to support now a
museum in addition to the Depot.
So we're bringing more than just bricks and mortar to the table.
And by being able to operate the outdoor riding railroad and the
Lionel Room and, perhaps, the gift shop, we can continue to support
the museum through those efforts. If the county would prefer to
operate those facilities, certainly we can consider that.
COMMISSIONER HENNING: Yeah. And this is something
you'll have to work out with the county manager, but I'm more in
favor of taking over the whole facility and running it as a museum
with the emphasis of the property and what it was there for.
MR. McKEE: Well, our intent is not to interfere but to support.
COMMISSIONER HENNING: Okay. Or being that the area is
in a community redevelopment area and the city has the wishes to
continue that CRA area, that might be more appropriate, because --
either/or.
And I know that we have a lot of needs with the museum. And
my concern is stretching ourselves out there too far. So -- I mean, if --
if the staff is willing or -- and the Southwest Heritage is willing to just
kind of take it over and operate it as a museum, I'm all in favor of that.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: My discussions with the county
manager and responses of staff to the questions that I've raised
indicates a great interest in finding a better location for our museum,
and the Depot would seem to fill that need. There are a lot of details
that need to be worked out.
So what I would suggest, and ask the board to support, is a
motion to provide direction to the staff to get together with your -- you
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May 25, 2004
and your board and representatives from the City of Naples to work
out the parameters of an appropriate arrangement. There are lots of
questions that have to be answered, and we can't answer them all
during this particular session today.
So I would suggest that we at least get the parties together and let
them talk with staff, and then when it comes back to us, we would be
better prepared to make some sort of a final decision on it.
MR. McKEE: Well, that's the opportunity that we're -- that we're
requesting at this point. Certainly the museum and the friends of the
Collier County Museum can speak to the issue of their current facility
and what would be best for that.
The Depot is not large enough to replace it. We hope that it will
be, as we said earlier, a front door that can also provide an
introduction and a direction for visitors to find the other museum
facilities that we have. As you know, they're somewhat far-flung.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I want to commend you
and the volunteers that have been working there for all these years for
holding it together and for wanting to make sure that you can continue
into the distant future. I think that's wonderful.
If the commitment's total on the part of your group to turn this
over to the county and allow the county the -- to be able to operate
within some very limited parameters, in other words, that it always
remains a museum for public use, and if you turned over the
endowment fund to be able to bring the building up to whatever level
of service it needs to be at, I would be -- I'd be reasonably interested in
pursuing that.
I can tell you that other museums that have come online like
Roberts Ranch and Everglades City, in order for them to come to be,
the communities had to get together, make all the purchases, come up
with the money for the major repairs. And then past that point, the
county stepped in with mostly grant money.
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May 25, 2004
And the only way that works is that the friends of the museum
for each one of those entities out there, the driving force is to make it
work. So that would be something that we would want to encourage
to continue with. Maybe they could possibly run the money-making
activities with the understanding that the funds coming back would go
to the museum --
MR. McKEE: That would be --
COMMISSIONER COLETTA: -- for operation.
MR. McKEE: That would be our intent. I think the Collier
County Public Library on Central Avenue is, perhaps, a model or one
model that might be offered here in the -- in those discussions. As you
know, that's -- that's not owned by the county, but it is a beneficial
collaboration of the friends of the Collier County Public Library and
the county. And the site is in the city.
COMMISSIONER COLETTA: Presently our funds for the
museum that we use to operate with come from our tourist
development tax. Were you at the last meeting that the Tourist
Development Council handled by any chance?
MR. McKEE: I was not. I was out of town for that meeting.
COMMISSIONER COLETTA: Okay. At that meeting they
raised some questions over -- they're going to recommend the support
of the museum through the tourist tax development funds. I don't
know how that would play into this. I was just curious if you had
anything in that direction you already pursued.
MR. McKEE: Well, we're aware of the funding mechanism, of
course, and we would like for this proposal to be considered as part of
the discussion.
As I mentioned earlier, the actual dollars involved here are really
quite modest compared to trying to buy or build a new museum
facility; a very, very small fraction of that. So we're hopeful that --
that the TDC and the commission will see this as a -- as a value.
COMMISSIONER COLETTA: From what I've heard, I can
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May 25, 2004
support Commissioner Coyle in bringing it back for discussion.
CHAIRMAN FIALA: Okay. So then I think there's general
consensus on this board to bring this back, first having you meet with
staff, and I think Jim Mudd will coordinate that effort, and--
COMMISSIONER COYLE: With the City of Naples.
CHAIRMAN FIALA: With the City of Naples, yes. Thank you.
And I understand we have a speaker, by the way, but we don't
take speakers on public petitions, so I apologize for that. But you've
done an outstanding job.
And then Mr. Mudd, you'll contact the city and you'll work with
Lodge McKee to bring it back to us, right, with a proposal?
MR. MUDD: Yes, ma'am. I'm just trying to figure out -- you
know, I want to get this thing back before you get in your budget
workshops, but I'm wondering if I can bring all the friends and his
group, the Southwest Heritage folks, and the city and the county and
get everybody to talk through all the different details of this thing and
get it all done before 22 June, and that poses a little bit of a dilemma.
COMMISSIONER COYLE: Saturdays and Sundays are free.
MR. MUDD: But I would say to you, we'll shoot for 22 June. If
we can't make it, 27 July is the last that we, you know, need to bring it
because you set the millage rate on that one, and then we can figure
out the fiscal requirements of that arrangement.
So we'll shoot for 22 June. Just -- I can't tell you when
everybody meets next, okay, in order to make that a firm commitment,
but the 27th of July at the latest.
MR. McKEE: Well, we will be available at your convenience.
And by the way, if you need a place to meet --
MR. MUDD: Thank you.
CHAIRMAN FIALA: You have meeting rooms. I love the train
room. That's just so delightful for adults and children alike. Thank
you very much.
MR. McKEE: Thank you.
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May 25, 2004
Item #6B
PUBLIC PETITION REQUEST BY JACK JAMESON TO DISCUSS
FISHING OPPORTUNITIES AT BAY VIEW PARK - STAFF TO
PRESENT TO THE PARKS & RECREATION ADVISORY
CHAIRMAN FIALA: Moving on to the next public petition, a
request by Jack Jameson to discuss fishing opportunities at Bayview
Park.
Mr. Jameson, are you here? Okay.
MR. JAMESON: Can I use this?
CHAIRMAN FIALA: Please do.
MR. JAMESON: I'm going to need assistance from the man
here.
My name is Jack Jameson. I live at 91 Pacific Way in Naples.
When I was preparing these comments, they seemed rather important
to me, but after listening to the proclamations and the awards today,
they just kind of diminished in significance, but I'll proceed.
I want to talk about the opportunities to fish from the shoreline
and the banks at the county parks that are on the waterways. I'm not
getting into fishing from the bridges. This is just from the parks that
are on the waterways.
About eight years ago the county leased out docks at the
Cocohatchee Park where there were walls on two sides of the park
that, maybe before the boat dock was put in, they could fish from.
Those have disappeared.
When the shoreline of Bayview Park was redone a couple of
years ago, the boardwalk was put in. The shoreline, I think, was
redone with some stone, and some of the flat areas kind of gave way
to sloping hillside of rock, which I understand why the stone was put
57
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May 25, 2004
there, to protect the shoreline, but it took away the flat places to fish.
And I would just like to see a little more areas provided for fishing on
the parks that are there.
And if I could have my first picture. Well --
MR. MUDD: You want the pictures. I'll bring you up.
MR. JAMESON: This is just a picture facing south, southeast
from Bayview Park showing the rocky area.
Now, there are fish in Bayview Park. I catch fish there.
Now, if we could go to the second picture.
And if you can see, right here is the one flat area in this whole
shoreline where you can sit and fish without having to climb over all
the rocks. And my concern is, is that it's kind of difficult to walk
around rocks and then fish.
And the third thing I have is a sketch. Okay.
Again, this is the same shoreline here that the picture showed.
My idea would be, someplace here or here, if there could be some
kind of flat concrete or wood deck type thing, not too large, maybe
accommodate a few fishermen, that would make it a little more
convenient to fish from the shoreline at Bayview. This is just an idea.
I don't know if anything will come of it, but I think maybe the --
those of us who like to fish that can't afford a boat maybe get
overlooked a little bit in having facilities available to us.
And if something could be worked out in the -- all the parks. I
took Bayview as an example because I spend a lot of time there, but
other parks. I don't know what you could do at Cocohatchee at this
point because there's not much shoreline left there. But I think that's
one area that maybe gets neglected when we provide recreational
facilities in the county.
Any questions?
CHAIRMAN FIALA: From Fisherman Commissioner Coletta.
COMMISSIONER COLETTA: Yeah. I'm the one that asked
Mr. Jameson to bring this to us through public petition for very good
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May 25, 2004
reason.
It might sound like a minor item, but to many of our constituents
and residents and visitors, this is very important. A number of them
enjoy the pleasure of fishing. The amount of locations that they can
actually access the water without great trouble has diminished over the
years.
What I was wondering is possibly someone like John Dunnuck
might be able to take a look at this. What would it be to pour maybe a
cement slab that measured something like about, oh, six feet by about
12 feet, a couple of them, that would be able to accommodate people?
I don't think it would in any way be detrimental to the shoreline.
Mr. Dunnuck, have you ever given any thought to this?
MR. DUNNUCK: Certainly. I think it's a great idea. We can
probably try to make something happen. We'll work it through our
Parks and Rec. Advisory Board, and we'll see what we can come up
with, innovative ways. I think it's a simple thing that we can work
with.
I will say one thing. The fishing did improve significantly in the
park when we put in the lights a couple years ago, because there was
-- there was -- I wouldn't -- an undesirable element that was coming to
the park at nighttimes before, and now there are a lot more fishermen
in the park. And certainly we can designate something to
accommodate them and come up with something creative.
COMMISSIONER COLETTA: Mr. Jameson?
MR. JAMESON: Snook are attracted to light, yeah, and a lot of
other fish are, too.
Yeah, I think the fishermen that can't afford a boat would
appreciate anything you could do to make it a little easier, more
convenient, safe. Because the problem is trying to fish standing on the
sloping, rocky hillside at Bayview. So, whatever.
COMMISSIONER COLETTA: I commend you for bringing this
up. And it's great to have a citizen initiative go to the point where we
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May 25, 2004
have interest from staff and the commissioners to be able to carry it on
to whatever the next step may be.
MR. JAMESON: Like I say, when you look at the prior actions
today, it's kind of insignificant, but it's something I would like for you
to take a look at.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I think it's a good idea, too, but I
question the wisdom of putting in just a couple of small slabs for
people to fish on.
My experience has been when you're fishing off the shore, you
want to work the shore. And if there are places all along the shore
where you can move from one location to another and sort of work the
entire shore, you can do a far better job of fishing.
MR. JAMESON: Right.
COMMISSIONER COYLE: And the other problem is, if you
concentrate, that is, make a couple of platforms, fishermen are going
to be competing for the platform, and some people are going to get left
out. But if we have a number of flat places, like the one that was
shown in the photograph of Mr. Jameson, I mean, if we could create a
series of those down the shoreline, it seems to me that would
accommodate the fishermen better than one or two slabs that we might
pour.
MR. JAMESON: I would take anything we could get. Normally
I get there early enough to get that one slab.
COMMISSIONER COYLE: That's the problem. We want to
provide for somebody else to fish there too.
MR. JAMESON: Right. I'm only there for a couple hours, so
somebody else could have it.
MR. MUDD: Don't tell them about the snook.
CHAIRMAN FIALA: So Commissioner Henning?
COMMISSIONER HENNING: I just want to emphasize that
there are facilities in Collier County where you can fish from the
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May 25, 2004
shore, a number of them; our beaches is one.
MR. JAMESON: Right.
COMMISSIONER HENNING: And all -- you don't need a boat
to get to it. 951 boat ramp, plenty of times people fish there. The
Marco Island bridge, there's a catwalk, there's also abilities on the
State Road 92, the Goodland bridge, and there's people that fish at
Caxambas Park.
MR. JAMESON: I've fished a lot of those, but at two-dollar gas,
I would rather not have to drive to Marco.
CHAIRMAN FIALA: And even in Lakewood, in the lakes at
Lakewood --
COMMISSIONER HENNING: There's our bus. You can take
our bus system down there.
CHAIRMAN FIALA: And freshwater at Sugden, yeah. Lots of
good places, but this is a great suggestion.
MR. JAMESON: We're talking specifically about the parks in
the county system that are on the waterways, as a starting place.
COMMISSIONER HENNING: And all of those are park
facilities, except for the Marco Island bridge and the Goodland bridge,
but --
MR. MUDD: Madam Chair, Commissioners, I think Mr.
Dunnuck's made a commitment to take this particular idea to the Park
and Rec.'s Advisory Board for their guidance on how they either want
to do it or not do it. And I'd let him take a look at this in great detail
and see what he can come up with.
CHAIRMAN FIALA: Thank you. That means he can't leave
because he'll have to stay and work this thing through, right?
COMMISSIONER COLETTA: Just one suggestion, if I may,
possibly you might invite Mr. Jameson when it's going to come up for
discussion at the parks and rec. board.
MR. MUDD: I'd like to keep his diagram, too, in order to show
them that.
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May 25, 2004
MR. DUNNUCK: And Commissioner Fiala, I'm a great
delegator.
CHAIRMAN FIALA: Darn.
MR. JAMESON : Well, if something comes of this, thanks. If
not, well, I appreciate the opportunity to talk with you.
CHAIRMAN FIALA: Thank you very much, Mr. Jameson.
Item #6D
PUBLIC PETITION REQUEST BY PETER INFANTI TO DISCUSS
CURRENT CODE REGULATIONS REGARDING THE
And we move on to the last public petition request by Peter
Infanti --
MR. MUDD: Infanti to discuss current code regulations
regarding the removal of hazardous trees.
MR. INF ANTI: Good morning. My name is Peter Infanti. I live
at 4100 29th Place Southwest in Golden Gate City.
Thank you, Mr. Mudd, for sending me a letter to speak. I sent
pictures.
You can show them, sir.
When you call code enforcement, they say there's nothing they
can do about this because it comes -- the house was built before 1990.
Well, if you look at something hazardous, regardless of when it was
built -- I asked them, if it would fall on my house, what would
happened? It becomes a civil matter.
There's the height of the tree. It's over 60 feet. To the left you'll
see where the water lines come in. That tree rooting could eat up
those water lines. I'm asking this commission to try and amend
something like this. We're waiting for an answer to happen. And I
just don't want it falling on my roof.
62
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_.__....._,.,,-~--- .... . '---~---
May 25, 2004
CHAIRMAN FIALA: Commissioners?
COMMISSIONER COYLE: What is the relevance of the
citation provided by the City of Naples, Mr. Gil Sherburne (phonetic),
attached to this?
MR. INFANTI: Yes. Mr. Walters, he was cited by the city for
having six Australian pines --
COMMISSIONER COYLE: Well, whose --
MR. INF ANTI: -- that were deceased and he had to cut them
down. If you read the whole thing, where he would have been
penalized like $500 a day for not removing them.
COMMISSIONER COYLE: I understand that, but that was the
City of Naples. What's the relevance?
MR. INF ANTI: Well, the relevance is, what is this rule of 1990?
Is this grandfathered in, that if there's something hazardous there that
it stays regardless? I don't know. Nobody can give me this answer.
COMMISSIONER COYLE: Well, I think we've got people here
who can give you that answer.
MR. INFANTI: Well, somebody's got to give me an answer.
CHAIRMAN FIALA: Michelle?
MS. ARNOLD: For the record, Michelle Arnold, code
enforcement director. Our codes currently, as they're in place, exempt
out exotics that predate the ordinance. And the first exotic ordinance
was written in 1980, and it applied to one particular vegetative type.
But the tree that is in question, we've been out there a couple
times. We went out there last year because there was a concern that it
was infected, but it is not infected.
If it were a damaged tree we could possibly do something about
it because of the health, safety aspect. But this particular tree -- and
we have trained arborists on our staff -- it is not an infected tree.
Now, with respect to his concern, I mean, he is concerned
probably that what happens if the tree gets damaged and it affects his
home. It absolutely is a civil matter and there's nothing that the
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May 25, 2004
county can do to help him at this particular point.
CHAIRMAN FIALA: Thank you, Michelle.
Commissioner Henning, and then Commissioner Coyle.
COMMISSIONER HENNING: Mr. Infanti, I'm looking at your
property on the property appraiser's site, and can you identify to me
the Australian pine, the location --
MR. INFANTI: Yes.
COMMISSIONER HENNING: -- of it?
MR. INF ANTI: Yes, sir.
COMMISSIONER HENNING: I mean, is it by your driveway?
MR. INFANTI: No, no, sir. It's the rear of the home to the--
COMMISSIONER HENNING: By the pool.
MR. INFANTI: No, to the southeast. If you're facing the home,
you'd be facing -- the front of the house is facing north. The back
faces south.
The left-hand side of the home would be east. The pictures show
that that will be on the southeast comer. It's very close. It's right on
the property line, matter of fact.
And where this domestic water line is, I fear that -- those roots
are huge, and the tree is lifting. If that tree falls on my house, how do
I know these people have insurance, number one? Number two is --
well, I won't even go into number two.
COMMISSIONER HENNING: Ifwe enact an ordinance like
they have in the City of Naples, it still wouldn't capture what you're
trying to create unless it becomes a hazard.
MR. INFANTI: Correct. Well, it's -- the tree -- I don't know if
it's diseased. I'm not an arborist. I don't know. But all I know is, it's
hollowed out. I've seen many limbs fall. I have -- my solar panels are
totally -- my roof is totally covered all the time, my rain gutters. It's a
weekly maintenance job for me.
This past weekend my wife worked three hours. I had to clean
off the roof, filled up two 35 gallon bags of these pine needles. I
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May 25, 2004
mean, it's getting to be to the point where, we get a good wind -- I've
seen many limbs fall from the top of that tree already. And with all
the hollow spots -- I don't know if Mr. Mudd wants to show these
hollow spots at all. It's -- you know, maybe it's not diseased. I don't
know. They have an arborist. I'm not an arborist. I'm not a
horticulturist. It's just that, to me I think it's a problem and it's going
to be a disaster waiting to happen with the height of that tree.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, I do have a question for the
county staff, or county manager. Is there any reason we shouldn't have
some kind of ordinance with respect to dead and dying -- do we have a
similar ordinance to that of the City of Naples, dead and/or dying
trees? It doesn't address this particular situation, but at least --
MS. ARNOLD: If -- you know, I don't think -- we don't have a
specific ordinance that speaks to dead or dying trees. But if there
were a situation where it becomes a hazard, we could -- we have
ordinances that we can refer to and address that particular situation,
because we don't want to create a hazardous situation.
COMMISSIONER COYLE: Okay. Thank you.
MS. ARNOLD: But, I mean, we can -- you know, it depends on
the direction of the board whether or not you want us to look into that,
but --
CHAIRMAN FIALA: I'm just curious, Mr. Infanti, have you
ever spoken to your neighbor before? It probably got contentious.
MR. INFANTI: Yes, ma'am. My wife spoke to her. She said
she will not cut the tree down because her father planted it many years
ago.
I've cut -- I've had tree trimmers come, cut the parts that are
going over my property, but there's not a bucket high enough around
that can reach the height of the higher limbs that reach over. N ow I've
done everything that I could do. I can't do any more.
COMMISSIONER HENNING: Thank you.a
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May 25, 2004
CHAIRMAN FIALA: What is your pleasure, Commissioners?
COMMISSIONER HENNING: We're trying to create a law to
solve your problem.
MR. INF ANTI: Well, it might -- I'm sorry. It might solve a lot of
other problems around the community.
COMMISSIONER HENNING: We just haven't heard it. I think
it's a nuisance for you to clean off the needles off your -- out of your --
MR. INF ANTI: It's pretty much a weekly --
COMMISSIONER HENNING: If I can finish, please.
MR. INF ANTI: -- thing, the rain gutters jamming up.
COMMISSIONER HENNING: If I can finish, please.
MR. INFANTI: Pardon?
COMMISSIONER HENNING: If I could finish?
MR. INFANTI: Oh, I'm sorry, sir.
COMMISSIONER HENNING: It's a nuisance problem with all
the needles in your gutters and in your solar system. But you're asking
us to create law to get this tree removed, which, you know, a passing
father planted on the, you know --
MR. INFANTI: Yeah, many years ago, I understand what you're
saying. I do understand what you're saying.
COMMISSIONER HENNING: And I see where this lady has
lived here for numerous years. And I'm not sure when you built your
house, or had any knowledge of that.
MR. INFANTI: I had no knowledge. I bought the home four
years ago, and I've been living with it ever since. And now --
COMMISSIONER HENNING: And I believe your neighbor's
been there since 1987.
MR. INF ANTI: Probably. I don't know how long they were
there.
COMMISSIONER HENNING: I sympathize for you.
MR. INFANTI: Okay.
COMMISSIONER HENNING: I had a lot of trees on property--
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May 25, 2004
well, I have a lot of trees on the property now, on my property, and it
is a nuisance for all those leaves. You know, I had trees that shed
twice a year, had to rake them up and dispose of them. I understand.
MR. INFANTI: But this is -- well, okay. Thank you.
CHAIRMAN FIALA: Thank you, sir. Now-
Item #8A
ORDINANCE 2004-34: PROHIBITING FISHING OF ANY KIND,
OR CAST NET FISHING ONLY, ON CERTAIN DESIGNATED
BRIDGES WITHIN COLLIER COUNTY, WHICH ORDINANCE
ALSO (1) DIRECTS THE COUNTY ADMINISTRATOR TO POST
APPROPRIATE SIGNAGE; (2) AUTHORIZES THE COUNTY
ADMINISTRATOR TO DETERMINE THOSE OTHER COUNTY
BRIDGES UPON WHICH FISHING OUGHT TO BE
PROHIBITED; (3) PROVIDES FOR PENALTIES FOR
VIOLATION OF THE ORDINANCE; (4) DIRECTS THAT THE
ORDINANCE BE INTERPRETED CONSISTENT WITH F.S.
316.1305, FISHING FROM STATE ROAD BRIDGES; (5)
REPEALS AND SUPERSEDES RESOLUTION NO. 2003-204,
WHICH ESTABLISHED A FISHING PROHIBITION FOR BRIDGE
NO. 030210; (6) PROVIDES FOR THE INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
(7) PROVIDES FOR AN EFFECTIVE DATE; AND AN
MR. MUDD: Commissioner, that brings us to advertised public
hearings, and that's item 8(A), and it's request the board approve an
ordinance to prohibit fishing of any kind or cast net fishing only on
certain designated bridges within Collier County, which ordinance
also, number one, directs the county administer (sic) to post
appropriate signage; number two, authorizes the county administer
67
May 25, 2004
(sic) to determine those other county bridges upon which fishing ought
to be prohibited; number three, prohibits penalties for violation of the
ordinance; number four, directs that the ordinance be interpreted
consistent with Florida Statute 316.1305, fishing from state road
bridges; number five, repeals and supersedes resolution number
2003-204, which established a fishing prohibition from bridge number
030210; and number six, provides for the inclusion in the Collier
County Code of Laws and Ordinances; and seven, provides for an
effective date at an estimated implementation cost of $1,000.
And Ms. Diane Flagg will present.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. If I may, I just wanted to
thank Diane and staff for working so hard on coming to a balance
whereby we do provide fishing off a large number a bridges to be able
to meet a real public need. They've done a wonderful way--
wonderful job of putting together an ordinance that provides for the
safety and welfare of our citizens plus the enjoyment of fishing for
those residents also in many locations.
And with that, I'd like to make a motion for approval.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: I have a motion on -- oh, let me stop here.
I have to close the public hearing.
Do we have any speakers on this subj ect?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: Okay, fine. With that I'll close the public
hearing.
I have a motion on the floor --
COMMISSIONER COLETTA: For approval.
CHAIRMAN FIALA: -- by Commissioner Coletta for approval,
a second by Commissioner Coyle.
Any discussion?
Commissioner Henning?
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May 25, 2004
COMMISSIONER HENNING: Is there any -- Wiggins Pass
Road, there's one bridge, or other bridges. As we expand or widen
roads, is there any contemplation of creating a -- kind of like a
catwalk, fishing area?
MS. FLAGG: Diane Flagg, director of transportation operations,
alternative transportation modes. Yes, sir, along Vanderbilt Drive,
there are two bridges, the two south bridges that we have funded with
safety funds to build two pedestrian bridges alongside of those. That
will be commencing July of this year.
COMMISSIONER HENNING: And people will be able to fish
off those?
MS. FLAGG: That's something that we haven't looked at at this
point because we haven't begun design or anything of those pedestrian
bridges. We've identified the location. FDOT has provided the
funding, so now we'll begin to look at design, and then we can
certainly bring that back to you once we start looking at what the
opportunities are there. A lot of it will depend upon where we place
these pedestrian bridges.
COMMISSIONER HENNING: Vanderbilt Drive is supposed to
be expanded; is that correct?
MS. FLAGG: Sir, it's not currently in the plans for expansion.
There is some discussion. They did a charrette up -- with the
community in that area talking about expanding Vanderbilt Drive as
far as Wiggins Pass, and then diverting the traffic onto Wiggins Pass.
But the only things that are definitively in the plan right now are the
pedestrian bridges on the two southern bridges. And Mr. Don Scott
maybe could speak, too, about the plan.
COMMISSIONER HENNING: No. You know, I'm not going to
waste any body's time.
MS. FLAGG: Okay.
COMMISSIONER HENNING: I just --
MR. MUDD: Sir, to answer your question, we have no plans
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May 25, 2004
right now to prohibit fishing from pedestrian bridges, okay? And the
reason we prohibit them from the vehicle bridges is the fact that it
becomes a safety issue with the passing cars, and there's no room and
you're casting nets and other things like that that become an issue. But
from pedestrian bridges, we have no plans to limit.
Now, we might get -- we might get community outrage that
some body's fishing off their pedestrian bridge, and we'll have to deal
with that at another time. But as of right now, we have no plans to
prohibit from a pedestrian bridge.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: I noticed in the newspaper this morning
that the guy was fishing, but he wasn't fishing on the bridge. He was
fishing on the slope. That is still permitted, right?
MS. FLAGG: It is.
CHAIRMAN FIALA: I mean, this only stops just the safety
feature of the bridge. And it has not been stated clearly, that people
can still fish from the same spot, they just have to stand in a different
area. That's all we're talking about.
MS. FLAGG: That is absolutely correct.
CHAIRMAN FIALA: I'd like to make sure that everybody
understands, they can still fish from that same area, it's just they have
to get off the bridge and onto the slope.
MS. FLAGG: Correct.
CHAIRMAN FIALA: Okay.
MS. FLAGG: And it's only five bridges out of the more than a
hundred that are in Collier County.
CHAIRMAN FIALA: Thank you.
I have a motion on the floor and second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER COLETTA: Aye.
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May 25, 2004
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That passes with a 4-0. Thank you.
MR. MUDD: Commissioner, 8(B) is a 1 :00 o'clock, 8(C) is a
2:00 o'clock. So that brings us to 8(D), which was formerly 17(A),
and that reads, this requires that all participants be sworn in and ex
parte disclosure be provided by commission members.
It's PUDZ-2003-AR-4332, Colonnades Medical Park, LLC,
represented by Richard D. Y ovanovich of Goodlette, Coleman, and
Johnson, P.A., and D. Wayne Arnold, AICP, ofQ. Grady Minor and
Associates, P.A., requesting a rezone from "E" Estates to commercial
planned unit development, CPUD, for a project to be known as the
Colonnades at Santa Barbara PUD, to allow development of a
maximum of35,OOO square feet of mixed office uses.
Property is located at the northwest corner of Golden Gate
Parkway and Santa Barbara Boulevard in Section 29, Township 49
south, Range 26 east, Collier County, Florida, consisting of 6.83 plus
or mInus acres.
CHAIRMAN FIALA: I didn't want to stop you through the
smooth flow of reading of this thing, but the speakers that had been
here to speak, it looks like, are not back yet; is that correct?
MS. FILSON: The speakers are Jeff Provenzano and Mary Lou
Hall.
CHAIRMAN FIALA: And it looks like they're not here.
COMMISSIONER COLETTA: Suggestion?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: You may want to take an early
lunch so we can continue this afterwards and give them every
opportunity to be here.
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May 25, 2004
CHAIRMAN FIALA: That would be fine. Would that be all
right with everybody, take a lunch break now and be back at 12:30
and --
MR. MUDD: Yes, ma'am. And hear it at that time.
CHAIRMAN FIALA: Okay. Very good. I'm sorry to postpone
you, but the people that had been -- had issues with it are not here to
speak. Thank you.
Okay. So it's 11 :32. We'll break for lunch and we'll be back here
at 12:30. Thank you.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, if you would please take
your seats.
Madam Chair, you have a hot mic.
Item #8D
ORDINANCE 2004-35: PUDZ-2003-AR-4332 COLONADES
MEDICAL PARK, LLC, REPRESENTED BY RICHARD D.
YOV ANOVICH, OF GOODLETTE, COLEMAN AND JOHNSON,
P.A., REQUESTING A REZONE FORM "E" ESTATES TO
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR
A PROJECT TO BE KNOWN AS THE COLONADES AT SANTA
BARBARA PUD, TO ALLOW DEVELOPMENT OF A
MAXIMUM OF 35, 000 SQUARE FEET OF MIXED OFFICE
USES. PROPERTY IS LOCATED AT THE NORTHWEST
CORNER OF GOLDEN GATE PARKWAY AND SANTA
BARBARA BOULEVARD, IN SECTION 29, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 6.83+/- ACRES - ADOPTED WITH
STIPULATION THAT THERE BE NO OVERNIGHT PARKING
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May 25, 2004
CHAIRMAN FIALA: Thank you very much. And we are going
back to Item 17(A).
MR. MUDD: Yes, ma'am. Again, this is Item 17(A), which was
moved to the regular agenda, and it's now Item 8(D). And the item
reads: This item requires that all participants be sworn in and ex parte
disclosure be provided by the commission members. It's
PUDZ-2003-AR-4332, Colonades Medical Park, LLC. Represented
by Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A.,
and D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A.,
requesting a rezone from "E" Estates to commercial planned unit
development, CPUD, for a project to be known as Colonades at Santa
Barbara PUD to allow development of a maximum of 35,000 square
feet of mixed office uses.
Property is located at the northwest corner of Golden Gate
Parkway and Santa Barbara Boulevard, in Section 29, Township 49
south, Range 26 east, Collier County, Florida, consisting of 6.83 plus
or mInus acres.
CHAIRMAN FIALA: Okay. Commissioner Coletta, before you
begin, is that what it is?
COMMISSIONER COLETTA: Yeah, if I may, could we do this
a little different in reverse order, since we pulled this from the
summary agenda. I would like to hear from the people that asked this
pulled so we could listen to what their objections were and maybe be
able to address them specifically.
CHAIRMAN FIALA: Okay, I think we first have to declare us
ex parte and then swearing in, right? Okay, very good. So I'll start
with Commissioner Henning.
COMMISSIONER HENNING: Yeah, I gave my ex parte, but
somebody told me that I mispronounced the name of saying Jeff
Provolone or Provolonie or something like that; is that correct?
MR. MUDD: Yes, sir.
CHAIRMAN FIALA: Provenzano.
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May 25, 2004
COMMISSIONER HENNING: And it's Jeff Provenzano, not
Provolonie, or something like that; is that correct?
CHAIRMAN FIALA: Provenzano.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: And it's Jeff Provenzano, not
Provolonie or Prov -- whatever. And I want to apologize for that,
because that was a true mistake on my part. I should have had my
glasses on.
CHAIRMAN FIALA: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Yes, I have no other disclosures
other than those I gave for the summary agenda earlier today, which
was some e- mails on this subj ect.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Once again, I don't have any
e-mails or any correspondence on the subject.
CHAIRMAN FIALA: None at all, okay. And I did have--
COMMISSIONER HENNING: You did have one from Jeff
Provenzano.
COMMISSIONER COLETTA: I did? I received one today
from him, but I don't think it was relevant to this.
CHAIRMAN FIALA: Okay. And I had e-mails -- and, you
know, maybe way back in years back, somebody might have talked to
me about it. I seem to remember sitting in my office with somebody a
long, long time ago, but I don't even know if it's anybody that's here
talking about it. I want to make sure that I declare everything, but I
don't have much of anything other than these few e-mails.So
hopefully I've caught everything that could be on record. Thank you.
And now we have to swear in anybody who wishes to participate
in this particular subject and speak.
(All speakers were duly sworn.)
CHAIRMAN FIALA: Very good. Now Commissioner Coletta.
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May 25, 2004
COMMISSIONER COLETTA: Yes, since we pulled this from
the summary agenda because of the objections of some citizens that
wish to speak on it, I'd like to hear from them first, if that would be
appropriate.
CHAIRMAN FIALA: It's fine with me, yeah. Do we -- would
you call the speakers, please?
MS. FILSON: Yes, Madam Chairman. I have two speakers.
Jeff Provenzano.
MS. HALL: Mr. Provenzano is at a doctor's appointment and
won't be able to make it. He sends his regrets.
MS. FILSON: The next speaker is Mary Lou Hall.
MS. HALL: Mary Lou Hall. I am vice president of the Logan
Woods/Santa Barbara Civic Association. We are a subsidiary of the
Golden Gate Estates Area Civic Association. And our borders are the
residential areas, the Estates residential areas, between Golden Gate
Boulevard and Vanderbilt, along Santa Barbara and Logan. So this
subject property is within our boundaries.
I have been approached by the residents that live adjoining to this
property, and a few further back, and asked if we would please help
them in opposing this proj ect. They do not want the change in zoning.
They state that it is incompatible with the residential area. The
adjoining property is zoned estates and contains single-family home
sites.
The medical facility -- the presentations that I saw for the
development of this property was for a large medical facility. And we
do not feel that it is needed in this area. We have the Cleveland Clinic
just to the north, and there are medical facilities on Radio Road and
Davis Boulevard to the south. So it is not anything that is necessary or
in demand in the area, and it would also create a high impact on
traffic, as opposed to one of the things that was promised to us in the
course of a potential rezoning would be like a one-story office
building. And that would be very low impact as far as the traffic,
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May 25, 2004
whereas opposed to this medical facility would increase the traffic at
that intersection in the corner.
Accordingly, we would request that the consideration of the
neighbors and the neighborhood be held and that you please do not
rezone this. And that's all I have. One of the shortest speeches you
ever got from me.
CHAIRMAN FIALA: Thank you very much. And now could
the presenter please just give us a brief overview? I know we've read
all of this and we've had approvals from both the CCPC and also from
staff; is that correct? As well as DSAC, right? Was DSAC involved
in that?
MR. YO V ANOVICH: No, DSAC, no.
F or the record, Rich Y ovanovich. Just real briefly, this is a
comprehensive plan amendment that was approved a few years back,
almost four years ago, for this particular type of use of offices, and
medical offices is one of the permitted uses under the comprehensive
plan.
We have had meetings with the adjacent neighbor, which is the
Cirous (phonetic), and we have modified the PUD to address every
one of their concerns regarding the PUD. And in fact they attended
the planning commission hearing and spoke in favor of the PUD. So
as far as I know, the immediate neighbors are in fact in favor of the
PUD.
We have limited buildings to one story in height. We have
agreed that no one building can be greater than 25,000 square feet, so
they'll -- there won't be one massive 35,000 square foot building, so if
we go above 25,000 square feet, there will be at least two building on
the site.
As far as I know, we have addressed all the concerns of the
immediate neighbors. And far -- and you can check with Mr. Scott,
but there -- no degradation to the level of service on the roadway
network.
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May 25, 2004
As I understand earlier, Commissioner Henning mentioned that
he wanted to clarify the PUD, that there would be no outdoor storage
of vehicles and equipment, which we're agreeable to making that
change. It was never intended to do that in the first place, but it was a
good catch to make sure we tighten that up.
Unless you've got specific questions, we went through the
planning commission with the unanimous recommendation of
approval. Noone attended the planning commission meeting to speak
against us, else we would not have made it on the summary agenda.
This is -- and again, the Cirous, the immediate neighbors, did speak in
favor of this PUD at the planning commission.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: As part of the public process,
you also had community meetings. Could you give us -- enlighten us
on what happened at those community meetings?
MR. YOV ANOVICH: We had a neighborhood information
meeting and there were some people who were not the immediate
neighbors that had some concerns about the proj ect. And there was
some concerns about nuclear medicine and really not understanding
what nuclear medicine really is.
We -- you know, I think we've alleviated any concerns, because
the immediate neighbors understand what nuclear medicine is and it
has very low dosages of anything that's going to be there, and it's gone
at night, and we've assured them that there are no issues. So if the
immediate neighbor has got no concerns about the type of medical
offices we're having, certainly neighbors further down the road
shouldn't have any issues as well.
And that's the general concern, I think, was -- and the standard
questions about traffic and all that issue, but I think that's all been
addressed through your transportation staff.
CHAIRMAN FIALA: Okay. I asked to have this brought onto
the regular agenda only because I -- I'd understood that we had a few
77
May 25, 2004
speakers that wanted to talk on this particular subj ect, and we'd gotten
a couple e-mails. And Commissioner Coletta already asked the
question I was going to ask about the neighborhood group, it said 14
people were there in opposition. But apparently you've resolved that,
because I didn't get any letters from any of the 14.
But rather than have it just it on the summary, I wanted to make
this a clean vote, and -- so I've read thoroughly and I -- the
transportation issue has been resolved. There's no entry or exit on
Santa Barbara, only on Golden Gate Parkway, and it's a one-story
building, and it seems to -- you seem to have answered all of the
concerns I have. But I wanted to hear if anybody else did. And so --
MR. MUDD: Our planner needs to get something on the record,
ma'am.
CHAIRMAN FIALA: Oh, okay. Very good.
MS. DESELEM: Good afternoon. For the record, my name is
Kay Deselem. I'm a principal planner with zoning and land
development review department, and I did want to go on the record to
state that staff has reviewed this and included transportation staff as
well as planning staff, and we do believe that it's both compatible with
the neighborhood and that it is consistent, especially in light of the
particular issues dealing with the Growth Management Plan and the
overlay district and the infill commercial designation that this
particular property has.
And regarding those transportation impacts, it was determined
that this does not have a significant impact, this particular proj ect,
because of planned improvements along Golden Gate Parkway. They
are allowed to take the benefit of those improvements that are being
planned as they review their impacts to traffic. And we believe that
the Growth Management Plan does set aside appropriate ways to make
this particular project compatible with the neighborhood.
And as mentioned, we didn't really have anybody that spoke in
opposition to it at the planning commission. The applicants worked
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May 25, 2004
with the neighbors. And the actual document that was adopted as far
as the PUD document by the planning commission seemed to address
all the concerns that were put forth by the neighbors that attended.
And we're recommending approval, like I said, based on the fact
that it is consistent and the PUD document addresses any issues that
we would have had.
CHAIRMAN FIALA: And the last of my comments was that as
I looked at this and pored through this myself, I thought what could
you build on a street corner where there's commercial on all the other
corners? And it seems to be a commercial roadway as well. I think if
I were a single-family resident, I wouldn't want to be building there,
I'd probably want to build down a side street or something rather than
right in the heart of a commercial district. But anyway, that, that was
my -- I know that that is an illegal thing, but that was just a feeling, so
I'll just mention that.
Commissioner Henning?
COMMISSIONER HENNING: In 2000, when this came before
the Board of Commissioners for a map change in the Growth
Management Plan, the request was for office and retail. There was a
lot of concerns from then the civic -- Golden Gate Civic Association,
well, still is, about the entrance of the community. And this board
responded to that concern and removed the high impact traffic uses
such as commercial, and only stated that it can only be professional
office buildings that are comparable in C-l, C-2 and C-3, the
commercial districts of.
There is a church across the street, and I think that lends a lot to
that, but that is -- that acreage is either 10 acres -- I think it's on acres
where the church is. This parcel is a lot smaller. The -- across the
road it is commercial. And the -- let's see, it would be the southeast
corner it is duplex, but it is within the overlay for commercial. So, I
appreciate your concerns that we do want to keep this office and all
the uses within this is office uses, professional office uses.
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May 25, 2004
MS. HALL: I appreciate the consideration.
COMMISSIONER HENNING: Yes. And -- but my only
concern is because of some experiences of the past, the stipulations
that I would like is there would be no overnight parking of vehicles
and equipment in there. So if there is a motion, I would just like that
stipulation added to the existing language.
CHAIRMAN FIALA: Okay. Any other comments,
Commissioners?
(No response.)
CHAIRMAN FIALA: Then I'll make a motion to approve with
the stipulation that Commissioner Henning just stated, with no
overnight parking and -- or storage of vehicles. And do I have a
second?
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: And I have a second from Commissioner
Coletta.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you for being here today.
MS. HALL: Thank you very much.
MR. MUDD: Can I make one clarification, ma'am?
CHAIRMAN FIALA: I don't know.
COMMISSIONER HENNING: Yeah, it was --
MR. MUDD: Equipment and vehicles.
COMMISSIONER HENNING: Equipment and vehicles, that
80
May 25, 2004
was part of your motion, that's what --
CHAIRMAN FIALA: Yes. Thank you very much, it sure was.
Equipment and vehicles. If I didn't say that clearly -- and same with
your second, correct?
COMMISSIONER COLETTA: That's correct.
CHAIRMAN FIALA: Thank you for clarifying that, Mr. Mudd.
Sorry about my little teasing here.
MR. MUDD: That's okay, ma'am.
Item #9 A
RESOLUTION 2004-181: REAPPOINTING CHARLES GUNTHER
AND WILLIAM MEARS TO THE BA YSHORE/GA TEW A Y
TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD-
We're on Item 9(A) at this particular juncture, and it's
appointment of members of the Bayshore/Gateway Triangle local
redevelopment advisory board.
CHAIRMAN FIALA: Yes, I'd like to jump in here and say that I
sat at this meeting and that the board members wanted to nominate or
rather approve of Charles Gunther and William Mears, but they asked
-- they didn't know the other person, they felt that there had only --
there had been a little -- there had been some -- they felt that they
would like to interview this person first before they could ever
recommend him, and they asked that we go back and readvertise for
this third position.
And so I would ask that we just appoint these two and I would
nominate these two, Charles Gunther and William Mears, to serve
again on the Bayshore/Gateway Triangle, and ask to go to advertising
for the third position again.
COMMISSIONER COYLE: Is that a motion?
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May 25, 2004
CHAIRMAN FIALA: That's my motion.
COMMISSIONER COYLE: It's a second.
CHAIRMAN FIALA: Okay, and I have a second from
Commissioner Coyle. Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(N 0 response.)
CHAIRMAN FIALA: Thank you very much.
Item #9B
DISCUSSION REGARDING DUAL MEMBERSHIP ON
COMMITTEES DEALING WITH TDC PROJECTS AND
FUNDING - TO BE BROUGHT BACK AT JUNE 22, 2004 BCC
MEE..Illi" G
MR. MUDD: Commissioner, that brings us to the next item,
which is 9(B), and that's a discussion regarding dual membership on
committees dealing with TDC proj ects and funding. And that was
your request.
CHAIRMAN FIALA: Yeah, I'll just make this short and simple.
We have a couple committees. One of them is the coastal advisory
committee and the other one is the tourist development council. And
at this point in time, we have dual memberships on both. And I -- it's
my opinion that it might be difficult for someone to sit first on the
coastal advisory committee and recommend and vote to spend
millions and millions of dollars on beach renourishment and then go to
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May 25, 2004
the other committee and have -- you know, have a clear thinking
process and fresh thoughts. I would think that maybe when one
committee recommends to another and they both vote that maybe we
shouldn't have dual memberships. And I was going to ask board
members if you agreed.
COMMISSIONER COYLE: I do, yeah.
COMMISSIONER HENNING: The only ones that I know of are
recommendation from the city council. And I find it difficult if the
municipalities, which is part of the ordinance, that they recommend
who sits on the committee, if it was their choice. I feel I'm kind of
reluctant to change that.
CHAIRMAN FIALA: And I think one of the members, who
happen to be nominated by the city for one meeting -- or one
committee, and then the very next day the city, not knowing he was
going to be appointed to the one committee also nominated him for
the other committee. And I think he even feels there might just be a
little bit of a conflict of interest. I appreciate how much --
COMMISSIONER HENNING: Well, he could resign.
CHAIRMAN FIALA: Hum?
COMMISSIONER HENNING: Couldn't he just resign?
CHAIRMAN FIALA: Well, he could, but then what's going to
happen? There's another one on board that might be coming into that
place, so that's a third that will hold dual membership, and you get a
fourth, and pretty soon you don't need two committees because they're
all serving on both committees.
And so I just felt in a committee that recommends to spend so
many millions of dollars, I don't think it's fair to the committee
members to have to serve on both boards. Maybe one
recommendation from the city, one recommendation from the other
city and one recommendation from the county, but then, you know,
already you've got three dual memberships, if that be the case.
So my question to you is how do you feel about that?
83
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May 25, 2004
COMMISSIONER COLETTA: Let me ask a question. I'm still
trying to get a grasp of what you're talking about.
CHAIRMAN FIALA: Sure.
COMMISSIONER COLETTA: Ifwe've got a person that serves
on, say, the MPO and then also serves on the TDC, that's not what
you're talking about?
CHAIRMAN FIALA: Oh, no, that isn't, no. Because I think that
we have a lot of committees where we have dual memberships and
some that even serve on three committees. And there's no problem
with that.
COMMISSIONER COLETTA: It's just the committees that are
related --
CHAIRMAN FIALA: I'm just so grateful that people will give
of themselves to serve. Only where one committee recommends
spending millions of dollars and then he sits on another -- or anyone
sits on another that has to also vote on that. Well, I myself, if I'm
going to put myself forward and give you a recommendation of why I
think you ought to spend millions, I'm not going to get on the next
committee and then vote against my own vote.
COMMISSIONER COLETTA: I see. And I understand where
you're coming from. I wouldn't mind bringing it back for discussion.
CHAIRMAN FIALA: Okay, that would be very good.
Commissioner Coyle?
COMMISSIONER COYLE: Well, I think what you're really,
really looking for is a procedural change which modifies the rules
under which the municipalities appoint members. And what we might
want to do is consider specifying that they must appoint different
members to those boards. And that way they still have the right to
appoint members, but they have to appoint different members rather
than the same member to the two boards.
Now, that has another good purpose. It broadens the
participation, gets more people involved, gets more ideas, perhaps, but
84
May 25, 2004
does not duplicate the recommendation process.
CHAIRMAN FIALA: That's exactly what I'm looking for.
Exactly right.
COMMISSIONER COYLE: And if there was -- if there was
sufficient support on this board for that idea, then could we not
provide the staff guidance to -- and the legal staff guidance to come up
with a recommended change for our consideration, a change in the
procedure?
CHAIRMAN FIALA: Would that be something that would be
acceptable?
MR. WEIGEL: If that's the direction of the board, yes. The
staff, County Attorney working with Sue and County Manager bring
something back.
CHAIRMAN FIALA: Okay. Other board members, with would
that be something you would consider?
COMMISSIONER COLETTA: I have no problem considering
just about anything. That sounds fine.
CHAIRMAN FIALA: Okay. Good.
MS. FILSON: And in the meantime--
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Again, I feel problematic asking
the municipalities, giving them a narrative direction. That's fine. But
I'm in the minority. I don't have a problem with that.
CHAIRMAN FIALA: Okay.
MS. FILSON: And in the meantime, we'll keep the members on
the committees?
CHAIRMAN FIALA: Oh, yeah, right. And the thing is, we're
talking about outstanding members here. You know, it's not even--
we've got some great members. It's just that I think it handicaps them
a little bit.
COMMISSIONER COYLE: Yeah, and I wouldn't recommend
that we do something that requires them to leave their position, but at
85
May 25, 2004
the end of the term, I think the city would be obligated to nominate
someone different so that we wouldn't have the same people on both
committees.
MS. FILSON: The municipalities didn't appoint them to both
boards.
COMMISSIONER COYLE: They did not?
MS. FILSON: No, the Board of County Commissioners
appointed them to one board and the next -- very next day the city
appointed him to the TDC, not knowing that he was on our board,
because he put no on his application. Because he didn't know he was
going to be appointed at that time.
COMMISSIONER COYLE: Sure, sure, I understand. So this
was a rare occurrence, is that what we're saying?
MS. FILSON: Well, I think there's dual membership on both of
those committees.
COMMISSIONER COYLE: And they're caused --
MS. FILSON: There's two members that serve on the CAC that
both serve on the TDC.
COMMISSIONER COYLE: And were they caused by the same
reason, or --
MS. FILSON: No, I don't think it was the same reason.
CHAIRMAN FIALA: You mean because they were both
recommended by the city?
COMMISSIONER COYLE: Yes.
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: So that -- it did occur for that
reason. Okay, then this solution --
MS. FILSON: No, the CAC, the board appointed him to. The
City of Naples appointed him to the TDC.
COMMISSIONER COYLE: TDC, yes.
CHAIRMAN FIALA: Whereas the other one was appointed by
the City of Naples to both boards.
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May 25, 2004
MS. FILSON: I'll have to check on that one.
CHAIRMAN FIALA: Well, he's a City Councilman, so it
probably is.
And by the way, he provides a lot of continuity from one
committee to another. It's just -- and that's great. It's just I felt that in
order to have fresh ideas, we might want to rethink that.
Well, thank you, you're going to come back with a
recommendation to let us discuss it at a future date?
MR. WEIGEL: Well, at this point if the direction is clear, we'll
come back with a vehicle for you to discuss to implement or not.
Possibly an ordinance change in that regard.
CHAIRMAN FIALA: And meanwhile, we can talk with our
representatives in the cities. You know, I represent a city, and
Commissioner Coyle represents a city and we can -- and you represent
a city, that's right. And we can talk with our members. I just wanted
to make sure that the process doesn't -- you know, that we don't get
too many of the same members on both boards. Thank you very
much. Thank you.
Mr. Mudd?
MR. MUDD: Ma'am, just to clarify here real quick. You know,
we're talking about two ordinances changes, okay, to change two
ordinances. Are we changing the ordinances or do you want us to
wait till after you have communication with the different cities to see
-- to see what you want to give us to do as direction?
CHAIRMAN FIALA: Oh, yeah, I don't want to rush into this. I
-- you know, we just did -- I think Commissioner Coyle said that he
wanted to ask the County Attorney to work up something for us to --
COMMISSIONER COYLE: Consider.
CHAIRMAN FIALA: Consider, thank you, I'm looking for that
word.
COMMISSIONER HENNING: I need to say something. Why
have him work on something if you're going to go to the city
87
May 25, 2004
municipalities and they're opposed to it and then we change our mind?
It doesn't seem like that's very productive. Why don't --
MR. MUDD: Ma'am, I could continue this discussion for
another month while we check the municipalities to see how they feel
about it, bring the discussion back up again. Then if you want to
direct staff or the attorney's office to change two ordinances, to bring
it back to the board, then we can do that.
CHAIRMAN FIALA: Yeah, I just wanted to bounce it off of
you initially and see. I know that there -- like the other one is going to
be having that same dual membership shortly. And so we -- we -- if
you don't mind, if you want us to go and discuss it with our city
people to see if there's a problem with that, then that's fine. Whatever
is clean and easy and fair.
Okay, fine. We'll come back and ask you then at another
meeting.
MR. MUDD: Ma'am, I'll schedule this for the 22nd of June, at
that time ask the board for some direction of what you want us to do
on this particular item.
CHAIRMAN FIALA: Thank you, okay. Meanwhile, we'll do a
little homework. Thank you.
And look at this, if you'll wait just one more minute, we have a
1 : 00 time certain.
Item #8B
CONSIDERATION OF AN ORDINANCE ADOPTING A
RECODIFICATION AND REVISION OF THE COUNTY'S LAND
DEVELOPMENT CODE, TO BECOME EFFECTIVE ON AUGUST
30, 2004 - WILL BE RE-ADVERTISED AND CONTINUED TO
MR. MUDD: Yes, ma'am, let's start that 1 :00 time certain. And
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May 25, 2004
I can -- by the time I'm done. This is Item 8(B), the item to be heard
at 1 :00 p.m.
It's a consideration of an ordinance adopting a recodification and
revision of the county's Land Development Code to become effective
on August 30th, 2004. And Mr. Patrick White from the County
Attorney's office will present.
MR. WHITE: Madam Chair, Commissioners, Patrick White,
Assistant County Attorney and proj ect manager. I'm assuming my
presentation will last until 1: 00 --
CHAIRMAN FIALA: There you go.
MR. WHITE: Well, there we go, to 1:00. This is a time certain
item. It was continued from your last meeting to this date and time
and place. And in essence today we're asking your indulgence to do
that again to the June 22nd meeting. Your planning commission is
going to be having a workshop on June 11th on this matter, wherein
they will discuss their concerns.
We've been in continuing contact with them individually and
collectively, addressing all of the items that have come forward from
their review, as well as those from representatives in the public. And
at this point we haven't run across anything I think that's in the least
bit problematic. So I think we're -- bless you -- well placed to, on the
22nd of June, be able to adopt this.
And what we're going to do is readvertise for that meeting, given
that there will be a span of more than five weeks since the original
advertisement.
And unless there are public speakers, I think with your motion,
we can conclude.
MR. MUDD: David, that was to give the CCPC another
opportunity to review at their meeting on the 18th of June; is that
correct?
MR. WHITE: That is correct. They will make, hopefully, their
final recommendation that's -- we receive from their members. That
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in combination with the finding of consistency is what's required in
order for this to move forward with this board.
MR. MUDD: The 11th?
MR. WHITE: Will be a workshop on the 11th of June at 8:30 in
community development, just to get the public service message out.
Room 609, I believe it is. And like I said, 8:30 a.m., 2800 North
Horseshoe.
And on the 18th at the regular CCPC meeting, you will have a
continuation of their public hearing wherein they will likewise have a
final consideration, hopefully, of this matter so they can bring it
forward with a recommendation of approval to the finding of
consistency for your meeting on the 22nd. And if you desire to
continue it to a time certain on the 22nd, that would be helpful, but not
necessary .
CHAIRMAN FIALA: Okay. Do we have any public speakers?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: Okay, fine, then the--
COMMISSIONER HENNING: Move to approve.
CHAIRMAN FIALA: -- public hearing is closed.
Pardon me?
COMMISSIONER HENNING: Move to approve.
CHAIRMAN FIALA: Okay.
MR. MUDD: Move to continue.
COMMISSIONER HENNING: Continue.
CHAIRMAN FIALA: We have a motion on the floor to
continue by Commissioner Henning, and a second?
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: By Commissioner Coyle. Any
discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
Aye.
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May 25, 2004
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That passes 4-0.
MR. WEIGEL: Okay. And the record is reflecting a
continuance to June 22nd before the Board of County Commissioners.
Didn't say a time certain now. That can be established later. Jim?
MR. MUDD: 1 :00 p.m.
MR. WEIGEL: 1:00 p.m.
MR. WHITE: Very good. Just as a correction, I believe that the
CCPC's final meeting is on the 17th of June, that's a Thursday, their
regular meeting, in these chambers. Thank you.
CHAIRMAN FIALA: Thank you, Patrick.
Okay, that's our 1 :00 time certain.
Item #10A
ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE
CONSTRUCTION OF SIX-LANE IMPROVEMENTS ON GOLDEN
GATE PARKWAY BETWEEN AIRPORT-PULLING ROAD AND
LIVINGSTON ROAD AND INTERSECTION IMPROVEMENTS
AT GOLDEN GATE PARKWAY AND AIRPORT-PULLING
ROAD CONSISTENT WITH THE GREY OAKS PUD -
AEEROVED
MR. MUDD: Commissioner, that brings us to Item 10(A), which
is to approve the acquisition of right-of-way required for the
construction of six-lane improvements on the Golden Gate Parkway
between Airport-Pulling Road and Livingston Road, and intersection
improvements at Golden Gate Parkway and Airport-Pulling Road
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consistent with the Gray Oaks PUD. Fiscal impact $4,907,000. And
Mr. Gregg Strakaluse, the Director of Engineering for Transportation,
will present.
MR. STRAKALUSE: Good afternoon, Commissioners. Back in
January of 2004, your board adopted a condemnation resolution to
acquire property at the intersection of Airport-Pulling Road and
Golden Gate Parkway. Since that time, staff has been hard at work
doing essentially three things: Number one, understanding complex
PUD commitments of the Halstatt Partnership. Number two, working
with an appraiser to value land. And number three, spending many
long hours negotiating with representatives of Collier Enterprises to
come up with a fair and equitable settlement.
Today I'm here with Mr. Kevin Hendricks, a critical team staff
member participating in the negotiations, to present the proposed
settlement. This proposed settlement represents three out of the four
intersection quadrants. The fourth, or southeast corner of the
intersection, is owned by Florida Panther/Grey Oaks, Inc. and we are
under discussions and negotiations with that organization on the
acquisition of property there as well.
The positives about this particular settlement is that there are no
attorney fees, when typically we do see attorney fees associated with
acquisitions. There are no expert fees associated with this acquisition,
when typically we have seen those in the past. And there's not even an
appraisal done by the property owner, of which there is a bill
submitted by the property owner. So I think those are three benefits in
this settlement.
One major commitment, PUD commitment, that is, of the
Halstatt Partnership was that 25 acres was to be reserved and set aside
for this particular intersection improvement, which is the grade
separated overpass. That particular 25 acres is under impact fee credit
as far as -- any acquisition under the 25 acres is for impact fee credits.
Back in 1995, there was an acquisition that took place, and it fell
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partially under the 25 acres. I believe there were about six acres that
were acquired back in 1995. And that date sets the value of the
acquisition of the value of the land within that 25 acres. For those --
that portion of land which is residential, a value was established back
in 1995 of $50,000 per acre.
Also back in '95 for the commercial component of the land, $6
and 25 square feet was the value set back then. So for the remainder
acreage that falls under the 25 acres and is -- falls under impact fee
credits, those values apply.
There is a component, a commercial component outside of the 25
acres which our appraiser valued at $14 per square foot, and we've
negotiated the settlement at $15.50 per square foot for a small
component of that acquisition -- a small segment of property, of
commercial property, outside the 25 acres.
There's also six additional acres outside the 25-acre footprint. I'd
just like to remind everybody that the 25 acres set aside way back in, I
believe, 1990 identified a general footprint of the proposed project
based upon a conceptual design. So we did our very best as part of the
overpass design to stay within that 25 acres. However, that was
impossible. The $59,000 deduction in cash value associated with an
easement, Florida Power & Light relocated power lines, transmission
power lines within the area back in 2001, I believe. The county
proceeded with the design within that FPL easement. Unfortunately
the design would not allow for pond sites under the FPL easement, so
we had to modify them. And that's one of the reasons why we had to
shift outside the 25 acres.
There's a $59,000 deduction in the cash value settlement to
reflect additional design costs to do that. The total value of the
acquired property is $1,978,943.45 in impact fee credit, and
$2,913,202.74 in cash value payment.
Soon staff anticipates bringing another settlement to your board
with Florida Panthers Grey Oaks for the southeast corner of the
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intersection. There are three acres that still need to be acquired there.
Those three acres will fall under the 25-acre footprint, and we
anticipate that the $50,000 per acre value for that three acres is
applicable.
With that, Kevin Hendricks and myself are here to answer any
questions.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Is this right-of-way necessary,
without regard to the kind of traffic pattern established at that
intersection? Would it be necessary if you tried to deal with the traffic
problem by providing additional lanes rather than an overpass?
MR. STRAKALUSE: The right-of-way footprint that has been
established as part of this acquisition is specifically for the plans that
we have for the current intersection improvement, which is an
overpass. There has been discussion of alternative intersection
improvements. It's my professional opinion that this footprint is not
currently large enough to accommodate some of those other
alternative intersection designs.
COMMISSIONER COYLE: Okay, let me make sure I
understand that. You will require this much of a footprint essentially
no matter what you do at that intersection; is that a fair statement?
MR. STRAKALUSE: That's a very fair statement.
COMMISSIONER COYLE: Okay, thank you.
CHAIRMAN FIALA: Commissioners, any questions?
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: I have a motion on the floor by
Commissioner Henning and a second by Commissioner Coletta to
approve as written. Any further discussion?
(No response.)
MR. MUDD: Any speakers?
MS. FILSON: No.
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CHAIRMAN FIALA: Thank you. I forgot to ask you that.
All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you.
MR. STRAKALUSE: Thank you.
CHAIRMAN FIALA: Thank you, Mr. Mudd.
MR. MUDD: Yes, ma'am.
Item #lOB
CONCEPTUAL DESIGN PLANS PRESENTED BY RAILS-TO-
TRAILS FOR THE GREENWAY ALONG THE FLORIDA POWER
& LIGHT TRANSMISSION CORRIDOR BETWEEN
RATTLESNAKE HAMMOCK ROAD AND RADIO ROAD-
A£EROVED
Commissioner, that brings us to Item 10(B), and that is to -- and
the reason I'm looking around is because there were many people that
wanted to talk about it today. And I remember one lady said I want to
be here, and I said it will be between -- right after 1 :00, and she said
I'll try to be here.
UNIDENTIFIED SPEAKER: I'm here, too.
MR. MUDD: This is lO(B) -- there you are. I'm sorry, ma'am.
The gentleman with the blue jacket was -- you were -- great.
10(B), approval of the conceptual design plans presented by Rails
to Trails for the greenway along the Florida Power & Light
transmission corridor between Rattlesnake Hammock Road and Radio
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Road. And Ms. Diane Flagg, Director of Operations and Alternative
Traffic Modes, will present.
MS. FLAGG: Good afternoon, Commissioners, Madam Chair.
This is to approve the conceptual plan of the greenway along the
utility corridor commencing at Radio Road and heading south to
Rattlesnake Hammock. The conceptual plan's been developed in
conjunction with the homeowners and community members, many of
which you see here, and many more, and the homeowners
associations, both along the corridor itself and throughout Collier
County.
Mr. Ken Bryan, who is the State Director for the Rails to Trails
Conservancy, has been our primary contact, and he's going to give you
a brief presentation.
And what we did early on when we began working with the
community is brought Rails to Trails in, who has and done these types
of greenways throughout the nation very successfully. And they have
come in and developed this conceptual plan.
Mr. Bryan?
MR. BRYAN: Technology is great when you can get it to work
here. I'm new with your system.
COMMISSIONER HENNING: We could skip it, if it's that
much of a problem.
MR. BRYAN: Let's see here. Here we go. All right, great.
Thank you for having me here. I am Ken Bryan with the Rails to
Trails Conservancy. The Rails to Trails Conservancy, we're the
nation's largest trail building organization. We're based out of
Washington, DC. We have six field offices. I run our Florida field
office here. I've been with the organization now for 12 years. And
prior to that, my background is in parks and recreation, so I know
what it's like to be addressing these projects from a county
perspective. And I'm excited for you about the potential of this project
and for the potential for Collier County. It does seem to be getting a
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lot of attention.
I had the privilege of going into the Division of State Lands
vaults earlier in the week and spent about an hour digging around, and
I went straight to the Collier County area of that, and I looked at some
aerials of your county from 50 years ago. And what your county
looked like 50 years ago is quite different than the way your county
looks today.
Now, with that said, you've done a great job of maintaining your
area. It's always a pleasure to be down here in Collier County, it's a
beautiful place, you do a good job of managing the facilities that you
have. And thank goodness that you're not Miami or Jacksonville yet.
So, that is somewhat of a challenge to you as well, because it's such a
great place to be. People are going to continue to want to come down
and be part of the area. And it's a question of how you're going to
shape your community and how you're going to preserve your
community so when people look at your aerials 50 years from now,
they'll know the vision that you're setting forth for the county now.
Also we had some partners that helped us along the way. The
firm of Borrelli and Associates and VHB. And Dale Crosby from
VHB will be talking to us here in a moment. They donated pro bono
services to help advance some of the -- our study, and it made it a
better product, and we appreciate them for that.
My presentation's a little bit out of order here, but we manage
databases that track over 13,000 miles of trail throughout the country.
We're tracking another 18,000 miles of projects out there right now.
And we have found in looking at our database that out of the 13,000
miles of open, existing trails, that 26 percent of the trails out there now
have some type of co-use on them. So we have a lot of good
examples to draw from when we look and make -- when we look at
making recommendations.
One of the things that I want to encourage you to think about
trails is that they're also -- they're not only for getting outside and
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enjoying the beautiful outdoors, they also have a transportation value.
The Pinellas Trail, just north of here in Pinellas County, has
about 1.2 million users on it a year. And out of that 1.2 million users,
about a third of those have -- a third of those uses are using the trail as
transportation. They're going down to the grocery store to get their
loaf of bread, there are children walking to school. They have a true
transportation value. And these are trips that aren't generating
vehicular trips, these are folks getting out and getting from one place
in the community to another by using a bicycle or their own foot
power.
There also is recreation and physical fitness. In fact, a recent
study by the National Association of Realtors had trails as the second
most sought after amenity for new home developments. Ironically,
the most wanted attribute was being close to an interstate, the second
was trails. And then trails actually surpassed golf courses for the first
time.
I can't give a presentation without throwing this in real quick.
Back in the Seventies, 65 percent of our youth got to school by either
walking or riding their bike. Now today in the year 2000 that number
has dropped to 10 percent. We hear about every day in the paper
about child obesity rates and the Type II diabetes that's associated
with that. I truly believe that the reason for that decline is we just
aren't building our communities with cyclists and pedestrians in mind.
We're building our communities solely for the single occupancy
vehicle.
Trails also provide open space preservation. And I chose these
two pictures purposely because they show overhead utility lines. The
primary use of this corridor, it's an integral part of your power grid
that provides power to Collier County. But in addition to that, it can
provide another use. An that additional use would be for the trail and
for the landscaping. So it does -- it will take a transp -- a power
facility and have an additional use as open space preservation.
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If you would have contacted me and said Ken, will you come
down and help me with this project, it's four miles long, there's 400
adjacent landowners, there's 63 underlying property owners, come on
down to Collier County and help us out, I'd be very skeptical. That
would be a tough proj ect to work on. Trails are no different than any
other public infrastructure. With public infrastructure brings public
debate, and public debate can bring both good public debate and bad
public debate.
One of the things that has made my job particularly easy on this
corridor is a study that the commission took here recently called the
north-south corridor study, where you looked at four different new
roadway -- north-south roadway alignments in the county and you
brought forth as your number one alternative the FP&L corridor. That
brought public debate, and that roadway was a very highly talked
about, highly debated subject in your county. And the end conclusion
was a 3-2 vote, if I'm not mistaken, by the commission to not move
forward on that as a north-south corridor study.
Now, those same group of citizens, the Community Preservation
Association, they continued their organization, and they've been very
helpful in us being able to reach out to these 66 underlying property
owners and the six homeowners associations that this trail will
potentially go through. And they've been tremendously helpful in
introducing us to people. We've been invited to folks' homes, we've
been invited into their neighborhoods, and we spent a lot of time
communicating and listening to them.
The proj ect area originally was from Livingston Road down
south to Rattlesnake Hammock. That's both the green and the yellow
line in the graphic. It was later reduced to the section between Radio
and Rattlesnake, because that was deemed the most feasible. But
there certainly still is the potential to continue going to the north. And
so the project from Radio Road to Rattlesnake Hammock is a distance
of about 2.9 miles.
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One of the -- one of the issues that was first brought up to us by
the adj acent homeowners associations were property values and crime.
And I don't -- what's neat about trails is there's certain subjects that
always seem to be common amongst trail projects. Property values,
crime, trail management are always issues that we talk about. And it's
neat now because -- because there are over 13,000 miles of open rail
trails, we have a lot of experience that we can look at. We can look at
these -- even in Florida we have about 400 miles of rail trail, and a rail
trail is no different than a trial along a utility line because they're both
linear, they go through neighborhoods, they cross streets. And we
have a good enough database where we can actually track crime. And
trails are safe. We've done repeated studies, as the State of Wisconsin,
the State of Michigan, the National Park Service, and each of these
studies showed that trails indeed are good places to be.
It's kind of ironic, I find this personally ironic, that as society, we
will accept a certain amount of crime at shopping malls, but we will
not accept a certain amount of crime in our parks and trails. We
shouldn't accept crime anywhere, but we do need to make sure that we
design projects so that they're being designed with safety in mind.
And certainly we spend a lot of time with the homeowners
associations listening to them, listening to their concerns and trying to
provide and bring forth a design that took into account both access and
security .
Another issue that was common is liability. What happens if
somebody is on the trail, they leave the trail, they go into my
homeowners association and they get hurt. Where is that going to
leave us? Well, luckily in Florida we do have a recreational use
statute, we also have a designation process through the Florida
Greenways and Trails Council that allows for a trail to be designated
as part of the state greenways and trails system, therefore fall
underneath the liability protection of the State of Florida. So there are
some mechanisms, as well as through design that we can limit
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liability.
We have put together some proposed development costs, because
we know you're getting ready to start looking at budgets, and we know
this trail is a potential item in your budget. But we figure this
particular project has the potential of really being a pilot project to
really sell what a multi-use trail can be for the county. And our design
recommendations make this a -- make this a Cadillac trail so that it
can serve as a pilot project for other trails. And I will be providing to
you at a later date a copy of our full report so that you'll be able to see
these recommendations that I'm talking about.
And this -- though before I move to the graphics, it's seems that
trails and greenways are receiving a lot of attention in your local
newspaper. I understand that there was an article within the last
couple of days that I haven't quite yet read, but it's cre -- it's got a lot
of interest here in the county, and I think that now is the time to
capitalize on that popularity and the interest in the county.
And I'd like to now move to the graphics. I feel like I should be
singing karaoke with this thing.
Basically the proj ect starts at Radio Road. It would allow for a
crossing on Radio Road so that the residents living on the north side of
Radio Road can cross safely. And Dale will be talking about some of
these crossings in more detail. It continues south, goes through three
homeowners associations here in this section.
One of the concerns along this way was vegetation and buffering.
And we've provided some design solutions that would -- you guys are
all set, thank you -- some design solutions to accommodate some of
the buffering and to -- also there are some adjacent lakes that we want
to make sure people stay away from as well.
And here's an example of some lakes, some graphics of some
design suggestions for those areas.
It's interesting, Florida Power & Light has really come along, and
I see them as being a very good partner in the county. They actually
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see the trail as an opportunity to enhance their security. After 9/11,
they're having to think how do I secure all of my transmission lines.
So they actually see the trail as being an additional level of security
for them. Right now you can get on your -- you can get in your car
and access this power line right now and you can drive virtually the
entire distance. With these trail improvements, we would put up
bollards and limit the access on that corridor to only the maintenance
and emergency services vehicles. Also provide some additional safety
here along the transformer station right here at Davis Road.
Continuing south on the trail, it goes through another four
homeowners associations, a really densely populated area here. And I
tell you, it's been great working with the homeowners associations,
because they truly understand the enhancement that it can make for
their community.
In future meetings you'll have to make the County Attorney sit on
this side so he'll have to help and then you sit on that side and swap
meetings.
Here the trail actually crosses a small canal, and we've provided
some examples of some pre-span bridges that can be put in there. And
I actually see this section here along Riviera Colony here to the canal
can really be the gateway for the trail. It's an opportunity with the
water, with the parallel canals and with the dense location of the
houses with some vegetation, it can really be a place that would
showcase this particular part of the trail.
So with that, let's focus on some of the intersection drawings, and
I'll turn it over to Dale Crosby. Dale is with VHB, and he manages
their Florida office out of Orlando.
MR. CROSBY: The intersections that have been key focal areas
have been Radio Road and Davis Boulevard.
By the way, I'm with VHB. Our company has been engaged in
the trail business for quite some time, even before it was a fashionable
topic more recently. And in fact, I'm on a bike-ped team that our
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company has that includes 13 different offices. So we are really
strong trail advocates and we're also designers as well. And we do
appreciate the opportunity to help Ken and work with the county.
In particular, on Davis Road and -- Davis Boulevard and the
other crossing we have, Radio Road, we have looked at those
intersections. There are published guidelines on how to deal with that
in a proper fashion, and we have presented to Ken and the county
some concepts on how to put in the proper notifications to your trail
users, give them warnings how to do likewise with the drivers, and we
have identified proper signage. There's warning signs and different
ways to do that in accordance with AASHTO and DOT and other
regulations. So we're confident that you're going to have a safe
movement there. Safety is number one. And there's a way to take
care of your users and the vehicular traffic as well.
Another concept that we're looking at for the cross Seminole trail
in Seminole County, it's kind of a complex situation, we've got offset
intersections and a rail line and a lot of stuff going on in one location.
And we're thinking of textured asphalt possibly, but certainly a
different color of asphalt to help enhance the safety situation. So there
are some other techniques that we can look at as well with this
crossing and enhance the safety and visibility of the situation here.
So these are some areas we've worked on, and it's a great trail.
We worked with Pinellas County on their 30-mile master plan with
Progress Energy, and that turned out to be a really great assignment.
And we had a lot of success. Seminole County has had tremendous
success, and I'm sure Collier County will likewise begin to grow that
business, so to speak. It's a great opportunity.
And what we found in other communities is it becomes some of
the glue, some of the linkages that begins to define the community
even more so than you are now. It's a great program. So we
appreciate the opportunity, and I'll be here if you have any questions.
CHAIRMAN FIALA: Can you just tell me what textured asphalt
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is?
MR. CROSBY: That's -- it's a way of taking what would
otherwise be a black surface, typical asphalt, and stamping that or
creating a pattern so you have little indentations for a -- you know, for
a roller blader or somebody that's trying to move through there, you
wouldn't want to overstate that or exaggerate it too bad, so it would be
some modest indentation.
And on the cross Seminole trail, we're thinking of kind of a peach
color, possibly. And we're working with Borrelli and Associates,
who's also on this team, and we're going to blend in the landscaping
together with that treatment so that it's really crystal clear to the users
and the drivers. And the thought behind that is, too, if you're a driver
you're used to black in asphalt, and that clear visual differentiation
would help a little bit.
CHAIRMAN FIALA: I see.
MR. MUDD: So ma'am, what he's trying to do with the textured
concrete, if somebody's roller blading, to give them a head's up, if
they're not paying any attention or looking over and they don't know
that Davis Boulevard is coming up, that will give them an indication
that it's coming because the texture will have changed and kind of give
them -- it's kind of like a rumble strip effect. And at the same time,
the drivers will get a visual distinction on that area crossing so he can
see those roller bladers as they -- or bicyclists or whomever as they
cross that particular street.
MR. CROSBY: We'll also have a small refuge area there as well
where the median is, and that will help too.
MR. BRYAN: And I just wanted to also state that this design is a
result out of the input from the associations, there was some concern
about some signalization being put there on -- particularly on Davis
Road. And these were crossings that not only are low cost and safe,
but they also are as a result from the input from the adjacent
homeowners associations.
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COMMISSIONER HENNING: Can we go to speakers?
CHAIRMAN FIALA: Sure. We sure can.
Would you call those speakers, please?
MS. FILSON: Yes, ma'am, we have three -- six speakers. The
first one is Joe Adams. He will be followed by Herm Idler.
MR. ADAMS: Good afternoon, Commissioners. Good
afternoon. And Mr. Mudd, good afternoon. My name is Joe Adams. I
am the chairman of the Communities Preservation Association. I also
sit on the PAC and I'm the property manager at Crown Pointe.
My involvement with this particular project started about a year
and a half ago when the road issue was being discussed here in these
very chambers. And I would like to tell you that -- what's happened in
that time. The communities have stuck together, and they are
supporting this with a lot of hard work on their part. Their desire and
their preservation -- or perservation (sic), rather, over the last year and
a half has been very admirable. They've never stopped supporting
this, they've worked very hard with the communities involved. And
there's a lot of people to be -- that I'm very thankful for their help up to
this point.
We have, and I have asked all the communities involved, and that
is King's Lake, the two Rivieras, Crown Pointe, Foxfire, and Moon
Lake to have their boards look at this issue. And they have all mailed
each of the commissioners a letter that they have made statements and
motions at their board meetings supporting this. So -- and in my
mind, you have full cooperation and full support from all the
communities along the easement.
There are -- there's still some work to be done. I know the
County Attorney is working on the easements as we speak, trying to
get those drafted. Some particular peccadillos that involve certain
communities as far as landscaping and fencing and things are
concerned need to be worked out. But that is underway.
Diane Flagg has been -- her work in this, her dedication to her
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job and the county and working for all of us in this county has been
short of -- just short of miraculous.
But all that said, we have -- I feel we have community support
for this initiative. I do feel personally and I am representing Al as the
chairman of the Communities Preservation Association, telling you
that you have our support in this initiative, and I'm looking forward to
working and seeing this thing through. Thank you very much.
MS. FILSON: The next speaker is Herm Idler. He will be
followed by Candace Davison.
MR. IDLER: Good afternoon, Commissioners. My name is
Herm Idler, I'm president of the Crown Pointe Community
Association.
I cannot emphasize enough to you our support for this proj ect.
We had our annual meeting earlier this year and Mr. Tomlin gave us a
presentation. Subsequent to the presentation we asked for a vote of
our community and we had one negative vote.
While we're on the subject, I would hope that as this Rails and
Trails progresses, it would be nice if the county would interconnect
other Rails and Trails as it is extended.
I think we all know that gas prices are going up. I would expect
that bicycles are going to become a lot more popular. So we're all for
it. And I hope you help us get through it. Thank you very much.
MS. FILSON: Candace Davison? Tom Davison? Joe Fletcher?
He will be followed by Ted Litwin.
MR. FLETCHER: Madam Chair and Mr. Commissioners, I
stand here before you as Joe Fletcher, I am the president of Crown
Pointe Villas. Weare 60 villas that are on Crown Pointe West
Boulevard. Forty of our villas adjoin directly onto the FPL
right-of-way and of course the proposed Rails and Trails program.
First off I'd like to say we are totally in favor of this program.
Secondly, I would like to mention that while our 40 homes are -- also
have a ficus hedge which is six foot high, which provides us with an
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May 25, 2004
buffer from the Rails and Trails area and also the FPL right-of-way,
that protects our community or our homes that are directly on the
right-of-way.
We also have two sections of our property, one 160 foot long and
the other 145-foot long that are open to the FPL right-of-way and, of
course, therefore, to the Rails and Trails area.
Those two areas we are -- ask for your support and FPL's support
to make certain that they are buffered properly so that we can protect
our community so that we don't have people coming in and out of
there during on and off hours, of course.
But in general, I would suggest to you that we certainly support
this program and we ask for your wholeheartedly support as well.
Thank you.
MS. FILSON: Ted Litwin? He will be followed by your final
speaker, Bob Murray.
MR. LITWIN: Madam Chairman and Commissioners, I'm happy
to report to you that your pathway advisory committee has spent a
great deal of time in listening to these presentations. I'm happy to
report to you that they have been very gracious. I've attended several
of the meetings with homeowners, responded very completely to the
questions, which I think are paramount, tried to find resolutions
wherever possible, and it was with unanimous support that we adopted
the resolution to support this project.
I know this is going to be the first green ribbon that we're going
to have in our county. It's going to be some three miles long and
there's an opportunity to go north and south, I think, when we get
through with this, and go on further. But I think this is going to be a
golden opportunity for pedestrians, hikers, bicyclists, everyone except
the motorists, because you now can go down this pathway and enjoy
the beauties that surround us. And it will be a wonderful contribution,
I think, to our way of life. I think it's essential that we move this
project forward. And it's your pathway committee that recommended
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May 25, 2004
it be unanimously endorsed and supported. Thank you.
MS. FILSON: Your final speaker, Bob Murray.
MR. MURRAY: Good afternoon, Commissioners and staff and
members.
Some time ago I stood at this podium and spoke on behalf of the
East Naples Civic Association's participation in a larger group where
we were seeking to help the government find a north-south roadway
that would be effective. And although personally I was not happy
with the idea, I spoke in favor of the roadway being on the FPL
easement.
Quite frankly, I'm delighted that the issue is concluded by your
vote and that now a wonderful, wonderful idea has come forward that
will serve all members of the community, and I'm so happy that these
folks will not have vehicles running up and down their property, that
they will have the opportunity to participate in the pedestrian activities
and the pleasures that will come from this wonderful idea. Thank you.
CHAIRMAN FIALA: Boy, none of our speakers took their five
minutes. That went quickly.
Commissioner Coletta?
COMMISSIONER COLETTA: Commissioner Henning is first.
CHAIRMAN FIALA: Oh, is he? I'm sorry.
COMMISSIONER HENNING: I promise I won't take five
minutes either. And you forgot to bring your timer today.
COMMISSIONER COYLE: I know. That's because you guys
aren't talking as much as you normally do.
COMMISSIONER COLETTA: Commissioner Halas is the
problem.
COMMISSIONER HENNING: The concept and the location of
this is great. I have concerns that people might think of walls or
landscaping is going to help secure their community. It's not. I know
many a people that live in gated community that get robbed every day.
I think this being a public pathway is going to help the neighbors
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May 25, 2004
around there of bringing eyes to their community, which is a good
thing.
The concern that I have is the funding source for the construction
of, being gas taxes. I don't think that's appropriate. And I would hope
that we can find other funding sources for it, or put it on the list like
we have on other things and let the board of commissioners choose.
But the question is, approve the design concept for the plan Rails
to Trails for this greenway on the Florida Power and Light. And I will
move to approve.
CHAIRMAN FIALA: I have a motion on the floor to approve
the conceptual design plans. And I'll second that motion.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I just have one
question. I think it's an absolutely beautiful idea, and the community
owes Commissioner Fiala a great debt of gratitude. I mean, if you
ever wanted a patron saint for that area, you got it.
My question is, is people coming from outside that area to be
able to utilize that, what is there going to be in the way of parking?
MS. FLAGG: There are currently areas where folks -- public
parking areas where folks can park and use that area. And we're going
to develop that more when we move to the engineering design. But
there's a school close by that they could potentially use that. There's
public parking lots that they can -- all along there, if you look at that
corridor, that they could use, drive to that location. However, right
now what we're doing is encouraging folks to ride their bikes to -- I
know you're shaking your head, but --
COMMISSIONER COLETTA: Yeah, it's kind of hard to reach
there from Immokalee --
MS. FLAGG: I understand.
COMMISSIONER COLETTA: -- you know, on a bicycle.
MS. FLAGG: I under --
COMMISSIONER COLETTA: I mean, the suggestion was
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May 25, 2004
made before for us to use the beach access down at -- beach accesses
down to Vanderbilt by riding our bikes down there. And, you know,
it's just a little difficult.
I need to have an exact plan as far as the parking and the capacity
of that parking. Now, I assume that we're not probably going to have
people traveling from halfway across the world just to be able to walk
this pathway, but I'm sure it's going to be a tremendous asset
throughout the whole county, and I want to make sure that at critical
locations there's not potential parking, there's parking. Whether it's an
agreement that we have, a cooperative agreement with the school
system that we know for a fact we can park there --
COMMISSIONER HENNING: School's a long way from there.
COMMISSIONER COLETTA: Huh?
COMMISSIONER HENNING: School's a long way aways from
there.
MS. FLAGG: Right. It's the one on Davis.
COMMISSIONER HENNING: Shadow lawn. I mean not
Shadowlawn but the middle school.
MS. FLAGG: East Naples Middle School.
CHAIRMAN FIALA: What about the Publix shopping center?
MS. FLAGG: Right. All of those, all of those -- this is just the
concept plan. When we get to the engineering plan is when we would
COMMISSIONER COLETTA: I think one of the criterias is is
the fact that we do supply parking. If it's going to be a shopping
center and it's right next to there and you've got access, all fine and
good. But the shopping center has to nod their heads up and down
that they're not going to come out and start ticketing people's cars
because of the use of their spaces. I need to have everything for my
bene -- for the benefit of all the people in Collier County laid out so
that we're assured of the fact that this becomes an amenity that's
available for all people.
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May 25, 2004
MS. FLAGG: Right. And again, that is -- hopefully this won't
be the only greenway that we work on. Actually, we're working on
one off of Immokalee Road now.
COMMISSIONER COLETTA: And that's wonderful too. And
that, I'm going to insist the same thing, that the one along Immokalee
Road have adequate parking. We can't say we're going to build this
one now and then we're going to build another one later, another one
later, and they're all going to be particularly geared to a neighborhood
and that's it. It's got to be something that's going to have enough
access so that if a public -- the public wants to go there -- and we're
thinking of one now in the conceptual stage that's going to be down by
Orangetree, going around that big lake there, that's going to be a
tremendous benefit. And I'm going to insist at that point in time that
there's enough parking for the people from all over Collier County to
be able to use it there too.
MR. BRYAN: Commissioner, there is the -- there is some
potential to put a few parking places. You have an existing public
works facility right here on Radio Road --
COMMISSIONER COLETTA: A little closer to the mic there so
everybody can hear you.
MR. BRYAN: There's some existing county land on -- directly
adjacent to the corridor on Radio Road that there's some potential for
some parking places on. And also, there are quite a few trails
throughout Florida.
This corridor is 110 feet in width. There are quite a few
examples that within a 100- foot width they have provided both angled
parking and accommodated the trail, so --
COMMISSIONER COLETTA: Wonderful. I like to bike.
MR. BRYAN: -- so to put, you know, four or five parking areas
on the road intersections or on some adjacent county parcels there is
quite a bit of potential there for that.
COMMISSIONER COLETTA: Just as long as in our conceptual
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May 25, 2004
plans as we start to go forward that we're keeping this particular
element in mind at all times.
MR. BRYAN: I do -- I do address that as it relates to the
adjacent county parking.
COMMISSIONER COLETTA: Meanwhile, I'm going to have to
pray to our patron saint, Donna Fiala, for guidance on this.
MR. MUDD: Commissioner, you have opportunities not only at
Publix that you can make agreements with. We talked to Saint Pete's
Church, because that -- basically their parking lot butts up against
right -- right where it ends on Rattlesnake Hammock. Normally that
parking lot is empty except on Sundays or when they have a big event.
We can work those things out with the pastor of that church. And
there's all kinds of arrangements that we can make.
But I don't think what you want to do is you don't want to take
away from your trail to put parking in. I think that kind of defeats the
purpose of what you want to do. We need to go out and seek out
opportunities where there's already existing parking.
And, you know, for instance, that Publix shopping center, for
instance, you know, people that go there and go out and do -- and go
out and do their exercise or whatever, you know, you're there, that has
a tendency to put people into your Publix to go shopping, may it be
for gatorade or whatever to quench your thirst, so it also brings those
customers to your particular commercial endeavor, too. So I think
there's a way to work out those particular issues with all.
But you're right, I had this conversation with Ms. Flagg when she
first gave it to me. I said okay, now let's talk about the parking places
that we can get from -- where we park our car to go to it or where
those places are in neighborhoods where they can access that
particular pathway.
MR. BRYAN: We did have some preliminary discussions with
Father Tim, as well as the Catholic Diocese, and they've been very
supportive, and I think we'll get cooperation.
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May 25, 2004
But those types of details are what comes out of the actual design
process, the next stage we're getting ready to enter. You know, we
mainly focused on the public relations and on the -- on what rights
would be needed to actually move forward and construct the trail. But
those -- those detail collections are in the next phase that we'll be
moving into.
COMMISSIONER COLETTA: Thank you, sir.
CHAIRMAN FIALA: And our CAT system probably comes
pretty close by, and it carries two bikes on the front of each one, right?
MS. FLAGG: Correct. Actually, we're getting ready to start
June 14th a new CAT route that will go right down that Davis
Boulevard corridor from Collier Boulevard, right past the greenway.
COMMISSIONER COLETTA: And also run it by the beach.
CHAIRMAN FIALA: Okay, I have a motion on the floor and a
second. Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: It's good to have you here today. Thank
you, folks.
MR. MUDD: Commissioner, that brings us to item--
CHAIRMAN FIALA: This is step one. We continue forward.
Item #10E
AGREEMENT TO ACQUIRE RIGHTS-OF-WAY FOR THE
EXP ANSI ON OF COLLIER BOULEVARD BETWEEN GOLDEN
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May 25, 2004
GATE BOULEVARD AND IMMOKALEE ROAD, AND TO
ESTABLISH AN ACCESS ROAD FOR THE GOLDEN GATE FIRE
& RESCUE DISTRICT AT THEIR NEW FACILITY - APPROVED
W /STœl1.LAIlONS
MR. MUDD: That brings to us Item 10(E). It's to authorize an
agreement to acquire right-of-way for the expansion of Collier
Boulevard between Golden Gate Boulevard and Immokalee Road and
to establish an access road for the Golden Gate Fire and Rescue
District at their new facility. Fiscal impact is $536,000. And Mr.
Gregg Strakaluse from the transportation division will present.
COMMISSIONER HENNING: Move to approve.
MR. STRAKALUSE: Commissioners--
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: We have a motion on the floor by
Commissioner Henning and a second by Commissioner Coyle to
approve.
COMMISSIONER HENNING: Oh, we've got a speaker.
CHAIRMAN FIALA: Do we have any speakers?
MS. FILSON: No, ma'am.
COMMISSIONER COLETTA: I might change my vote ifhe
speaks.
CHAIRMAN FIALA: No speakers.
COMMISSIONER COLETTA: No, no, I'm just kidding.
COMMISSIONER HENNING: I have some concerns.
MS. FILSON: Oh, yeah, he just handed one in. Mr. Don
Peterson.
COMMISSIONER COYLE: He wants us to disapprove this?
MR. PETERSON: No, sir, my apologies. Just a couple of things
I'd like to get on the record for it is all. The fault may be on our end,
for the people we hired did not get it to us. This is the first time we've
seen the agreement. But I just wanted to share with you that the only
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May 25, 2004
issue I want to make sure we preserved on public record was that we
would be able to use that access for the fire station. It doesn't mention
us per se in the agreement. It does in your executive summary. And
that there are no issues potentially for our access on that roadway.
And if there's signage that we need to install, that we be able to install
that signage is all. Because it does say on the first part of your
executive summary, the district's agreement to place as a primary
entrance on Wolf Road. Being this didn't come before the board, I just
wanted to share with you that the only issues we would have is
perpetually being able to use that area. If we needed to sign it, we
could do that without any issues and there would no attachments,
homeowners association to us of any kind, that we could still use it.
I understand, talking to Mr. Strakaluse, that there would not
because it's public right-of-way. But because of the location of it, that
somewhere down the road for some reason that right-of-way did not
disappear for us, that we would always have that access, so --
COMMISSIONER HENNING: They are going to need some
signage down there if that's going to be their main entrance and it's
going to be on public right-of-way.
MR. STRAKALUSE: Right, there will be two access points into
the fire station. One off of Collier Boulevard, which will be a right
in/right out. And the second one will be off of Wolf Road through this
bypass public right-of-way road.
As far as signage goes, I think as long as an application is
submitted to the right-of-way permitting folks for signage and it meets
all the line of site requirements, I don't see a problem with issuing
permits for signage.
COMMISSIONER HENNING: Be an access sign or a sign
saying Golden Gate Fire and Rescue? Would that be okay to do that?
MR. STRAKALUSE: It's tough for me to answer that question.
Right-of-way permitting has those answers to those questions. But I
think for any sign erected within the public right-of-way, as long as it
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May 25, 2004
meets the certain codes and standards, particularly line of sight.
COMMISSIONER HENNING: What kind of sign do you want
to put out there?
MR. PETERSON: I'm not sure, Commissioner. Since they don't
have that part of the design yet, all we're just trying to identify, that
signage is allowed in there of some type. It makes reference to the
community having signage in there as approved. I think all we're
looking at at this point is that we're allowed to go into that same area.
COMMISSIONER HENNING: The -- do you want a directional
sign or do you want a sign that identifies, hey, this is where we are?
MR. PETERSON: Potentially it would be both, because that's
currently a side road and --
COMMISSIONER HENNING: Can we amend -- I'm going to
amend my motion for the agreement to state that the Golden Gate Fire
and Rescue District is allowed a signage on this access and signage on
this road for right-of-way.
MR. STRAKALUSE: This is essentially a two-party agreement
between the county and ARM Development. I think commitments for
signage could be made, but I don't know whether they could be made
as part of a legal binding agreement between a developer and the
county.
COMMISSIONER HENNING: Let me amend my motion. Is
the county wishes to have the Golden Gate Fire and Rescue committee
-- district to have signage and right-of-way access to the property -- to
their property to the north.
CHAIRMAN FIALA: And were you the second?
COMMISSIONER COYLE: I seconded it. And I would just
like to raise a question. I don't have any problem amending the
second. But I think it would be good if we specified directional and
identification signage. I mean, you don't want to put a sign up there
that says donations gratefully accepted or anything like that.
MR. PETERSON: No, sir.
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May 25, 2004
COMMISSIONER COYLE: You want to identify yourself and
you want to provide any directional signs that are necessary.
MR. PETERSON: Correct, yes.
COMMISSIONER COYLE: I would be very happy to modify
the second to give those specific kinds of signage opportunities to
them.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay, very good. I have a motion on the
floor and a second.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I just wanted to have the
Chief maybe take a moment and get due credit. There's been a lot of
cooperative work going on between transportation and the fire
commission and Vanderbilt Country Club -- and I'll let you tell that,
Chief.
MR. PETERSON: There has been. We're still working through
the permitting process. A lot of land swap discussions have occurred, I
think probably a couple of years now. And we are -- this is primarily
the culmination of getting that whole activity done in that intersection
area with Wolf Road and who comes out what way.
There are going to be some additional things with the developers
as they build in there, but it's definitely -- we're able to move forward
and it is a good thing to --
COMMISSIONER COLETTA: You're way too modest, sir. I
mean, there was a tremendous amount of inter-government working
between all the agencies out there. I thought this was a perfect
example of how we should all operate all the time.
MR. PETERSON: We'd like to. Thank you.
COMMISSIONER COLETTA: I want to commend you and the
fire commission for the excellent work. And transportation.
CHAIRMAN FIALA: Okay, I have a motion on the floor by
Commissioner Henning, second by Commissioner Coyle to approve
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May 25, 2004
with the addition of inclusion for a directional sign and identifier sign.
COMMISSIONER HENNING: And access.
CHAIRMAN FIALA: Oh, yeah, and access. And access. Thank
you. Okay, any discussion?
(N 0 response.)
CHAIRMAN FIALA: All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
Item #10F
RESOLUTION 2004-182: AUTHORIZING CONDEMNATION OF
FEE SIMPLE INTEREST AND/OR THOSE PERPETUAL OR
TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY
IMPROVEMENTS REQUIRED FOR THE SIX-LANE
EXPANSION OF COLLIER BOULEVARD (CR-951) FROM
GOLDEN GATE BOULEY ARD TO IMMOKALEE ROAD-
.AD.OEIED
MR. MUDD: Commissioner, that brings us to 10(F), which is to
adopt a resolution authorizing condem -- Mr. Strakaluse, come on
back. Brings us to 10(F), adoption of a resolution authorizing
condemnation of fee simple interest and! or those perpetual or
temporary easement interests necessary for the construction of
roadway, drainage and utility improvements required for the six -lane
expansion of Collier Boulevard, County Road 951, from Golden Gate
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May 25, 2004
Boulevard to Immokalee Road. Capital improvement element
Number 37, Project Number 65061. Estimated fiscal impact,
$4,753,888. And Mr. Gregg Strakaluse from the Transportation
Division will present.
MR. STRAKALUSE: Couple of comments for the record.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: I have a motion on the floor to approve by
Commissioner Henning and a second by Commissioner Coyle.
COMMISSIONER HENNING: He has something he has to get
on the record.
MR. MUDD: There's a couple of things he has to put on the
record, though, ma'am.
CHAIRMAN FIALA: Okay. Thank you.
MR. STRAKALUSE: Just for a moment.
Item 10(F) is a condemnation resolution to acquire property
necessary for the expansion of Collier Boulevard between Immokalee
Road and Golden Gate Boulevard. You may recall that your board
previously adopted a condemnation resolution back in September of
'03, but only for the necessary pond sites. And now we're at the point
in time where we're looking for acquisition of property for the road
segment itself.
This resolution represents all of the property necessary to expand
the road. This section of Collier Boulevard is currently a two-lane
roadway without sidewalks, no bike lanes and no streetlights. It
carries upwards of 25,000 vehicles per day, which is expected to
increase very steadily over the next 25 years. The project calls for
upgrading the road to a six-lane divided roadway, upgrading water and
utility and sewer utilities, installing streetlights, a pathway on the west
side, and bike lane lanes.
In planning for this project, your board considered utility master
plans, the 20/20 long-range transportation plan, as well as the
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May 25, 2004
Transportation Division's five-year work program, which allocates
$15 million for the construction of this project. Each of these board
actions considered extensive planning, engineering data and public
input that I'd like to make part of the record.
In regard to alignment of the corridor, the county is constrained
mainly by the 951 canal. The improved section of Collier requires a
minimum width of 148 feet to a maximum width of 200 feet at the
major intersections.
The majority of necessary right-of-way will be acquired from the
west side of the existing right-of-way. Any other alignments than the
one proposed as part of our current design will require significantly
higher cost and physical impact. The canal will not be relocated.
The proposed expansion involves acquiring additional
right-of-way from properties along the west side. Besides alternatives
routes, staff considered public safety, environmental conditions,
including threatened and endangered species of plants and animals,
wetlands, aesthetics, neighborhood character, constructibility,
stormwater management and, of course, cost.
Discussion with the South Florida Water Management District
and the Army Corps of Engineers leads us to believe that this project
is very likely to be permitted.
The evaluation of alternatives, along with the legal sketches and
descriptions for the property necessary to be acquired has been part of
your -- provided part of your package.
Based on these materials, that concludes my presentation, and I
ask that your board approve the recommendations.
CHAIRMAN FIALA: Thank you. We have a motion on the
floor to approve and -- by Commissioner Henning, a second by
Commissioner Coyle. Any discussion? Oh, Commissioner Coletta.
COMMISSIONER COLETTA: Yes, just one brief thing.
Mr. Mitchell from the Clerk's Office, I assume that being silent
and everything else, there's no problem with the Clerk's Office on this
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May 25, 2004
particular item? And that you wouldn't at any point in time, if you did
have a problem with any of these items, you would speak up?
MR. MITCHELL: Absolutely.
COMMISSIONER COLETTA: Thank you very much, sir.
That's all.
CHAIRMAN FIALA: Okay, fine. All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: 4-0. Thank you.
Item #100
DESIGNATE PROPERTY KNOWN AS THE "LEL Y CULTURAL
CENTER" FOR THE SOUTH REGIONAL LIBRARY/COUNTY
MUSEUM AND BEGIN THE PROCESS OF PLANNING THE
FACILITY - AIœROVED
MR. MUDD: Commissioner, the next item is 10(G), and that's to
designate property known as the Lely Cultural Center for the south
regional library/community museum, and begin the process of
planning for the facility. Mr. John Dunnuck, the Public Services
Administrator, will present.
COMMISSIONER HENNING: Can we use this for a junior golf
facility?
MR. MUDD: No, sir, it's not big enough.
MR. DUNNUCK: Good afternoon, Commissioners. For the
record, John Dunnuck, Public Services Administrator.
There's somewhat two issues at hand right here. The first issue
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has to do with the library location. For the past couple of years we've
been determining where the best location would be for the future of
the south regional library for the south district. Presently we have five
acres allocated at Eagle Lakes Community Park, but we frankly feel
that's a little too tight of a location to put in a regional park type
facility. But we also recently gained the 20 acres officially through
the Lely DRI process and through a settlement agreement for cultural
purposes, one of which includes a library facility.
The downside on that in the past has been where the
transportation access is and how it's a little bit, frankly, from what the
library staff has said, is a little bit off the beaten path. When the DRI
was settled and they decided to change how the transportation plan
was going to work in that area with interconnections to Lely,
Rattlesnake Hammock and Grand Lely Boulevard, which would
future interconnect with the Santa Barbara extension, I believe that
addressed some of those issues.
Additionally, I believe Mr. Schmitt has provided you, you know,
of kind a rundown of what we expect for growth in that area over the
next five to 10 years, and it's astounding what's going to happen right
in that circular area.
Judging from all those things, and talking with the East Naples
Civic Associations and the leaders in the East Naples area, they came
to us and they felt it was an appropriate location to dedicate those 20
acres in that south area for that south regional library . And then,
frankly, we concurred to begin that process of planning. I think it
would be a tremendous location for that facility.
Secondarily, I like the location from the standpoint of the
museum. And I think we had a little discussion this morning on the
Naples Depot. And what I want to throw out for discussion today is
for the board to consider the relocation of the museum facility from
the campus here and just to further discuss the possibility of doing so.
We've had preliminary discussions, I met with the Friends of the
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Museum several months ago and I mentioned it that I was -- frankly,
have been frustrated with this location here because I think it's buried
on the backside of the government complex. And while we're going to
be adding a sign out front to let people know officially that it's here,
I've never thought it's been a very good venue for what I would like to
see in the museum system, and that is the ability to not only protect
the current ambience of this community and the history of this
community, but also bring in a national exhibit. On an annual basis,
we get beat up by the Tourism Development Council about our--
what they term is our inability to bring in tourism. While we argue
those facts, and we do believe we bring in tourism to the community,
one of the things I think they'd like to see is better promotion from that
standpoint. And I think it starts with a venue and location, and this
location potentially could be that possibility.
And my recommendation is that the Board of County
Commissioners, as we go through and look at this Naples Depot
process and look at this -- you know, where the better location of the
museum would be as we explore this opportunity at this location as
well in tandem with the library location.
CHAIRMAN FIALA: I'd like to add that the road is going to be
connected -- Lely Cultural Boulevard will be connected to Rattlesnake
Hammock Road. It should be this year yet. I know that they've gotten
the grant and they were supposed to be using it. They haven't gotten a
completion date yet, which is excellent. It will be able to serve all of
the community from Radio -- beyond Radio Road all the way down.
We only have one tiny library right now to serve all of East Naples,
and this will be a great addition.
One thing that excites me about this particular corridor is they
call it Lely Cultural Boulevard, it has a school and a college on it, now
it will have a library and a museum. It really will be a cultural
boulevard. That's exciting.
COMMISSIONER HENNING: Will the amphitheater fit out
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there?
CHAIRMAN FIALA: No. No, there's no room, thank you.
One of the things I am concerned with, though, I had understood
that at one point in time there was money allocated to build this in
2006, and that's what we were -- that's the direction we were given, or
the information that we were given a couple of years back, three years
back. I understand the money has been used for other things, and I
just -- I'm hoping that we can see that, the construction schedule
moved up to an earlier date, just because of the tremendous amount of
people it already serves and that it will be serving. They're building
like crazy right now, and we need this structure to accommodate us.
Okay.
Secondly, let me say I don't know how we're going to do this, but
are we going to move like the little houses and everything that are
right on the museum property over there, I mean, just kind of like --
MR. MUDD: Ma'am, we're not going discuss that right now,
okay? I think you're really getting it out in front. We're talking about
taking a particular piece of property that was given to us during the
Strock (phonetic) DRI issue, and designating some uses for that
particular property. And as we cipher through the Depot and the
library and the homes and whatever, we'll come up with the best
alternative that preserves our history. And if that's where the museum,
the Friends of the Museum recommend in that process, then we'll talk
about that. Maybe the Depot will satisfy the whole thing. Don't
know.
CHAIRMAN FIALA: Oh, yes. I don't think we can move all the
houses on the Depot, or the tank.
MR. MUDD: But it won't be the first time that we move this
particular --
CHAIRMAN FIALA: I know, I watched them move one of
them. Thank you.
Commissioner Coyle?
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May 25, 2004
COMMISSIONER COYLE: You watched them build one of
them, too.
CHAIRMAN FIALA: He's trying to say that museum -- the relic
needs to belong in the museum is what he's saying.
COMMISSIONER COYLE: Just kidding, of course.
Let's get back to the funding issue of -- Commissioner Fiala said
the funding was available at one time but it's been diverted to
something else. What has it been diverted to?
MR. DUNNUCK: Well, I think what she's referring to is the idea
in your Growth Management Plan it talks about adding square footage
for your library system to put books on the table. And what the
Library Advisory Board recommended was that we do the proj ects for
Immokalee and Golden Gate ahead of the regional park at that period
of time, that you knock out those two expansion proj ects, and where
those allocations of funds went toward those expansions, because we
believe there's some grant opportunities available, as we ended up
getting with the Immokalee project.
COMMISSIONER COYLE: So the library funds went for park
MR. DUNNUCK: No, they went for expansions of libraries in
Golden Gate and for Immokalee.
COMMISSIONER COYLE: I see. Okay.
CHAIRMAN FIALA: And I understood also some was diverted
to the north regional park?
MR. DUNNUCK: No, ma'am.
CHAIRMAN FIALA: No? Okay.
COMMISSIONER COYLE: Okay. When do you think we'll
have funding available to start this particular project?
MR. DUNNUCK: We'll have to take a look at it.
One of the things that, frankly, occurred to us during this -- when
we did the latest impact fee study of the library is, when we diverted,
which is more consistent with other programs, to a square footage type
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May 25, 2004
program with library impact fees, we're actually seeing a reduction a
little bit in our funding revenue source coming in. And it's a little bit
lower than the park side of it where we're raising funds. And so we're
taking a look at that right now. But I think what the board could
honestly do, because the regional park in the south region area is
almost the pinnacle of the library system to get us in a very good
systemwide approach, we could borrow against those impact fee
revenues to get the facility accelerated.
COMMISSIONER COYLE: Yeah, that's where I was going
with that. We could do that and get it started substantially quicker.
MR. DUNNUCK: Yes.
COMMISSIONER COYLE: And as a matter of fact, by doing it
quicker, we might be able to do it less expensively.
MR. DUNNUCK: Absolutely. Absolutely. And I think you
raised a good point, too. With V erona Walk right across the street,
they sold out all the units preconstruction in two and a half hours.
And I think that tells you a little bit what we can expect for impact
fees coming in, that it looks pretty good on the horizon.
COMMISSIONER COYLE: Could we specify some target date
then, to make a decision on that?
MR. DUNNUCK: Well, what we'll do is we'll start immediately.
If the board acknowledges this property location, we'll start going into
the planning process of that facility. We've already had some
conceptual discussions, and if we can get through the planning
process, there's a little wetlands on that property and we'll have to
address those issues as we go through it. But from a standpoint of
we'll be moving as quickly as possible, and I think we can accelerate
six months to a year potentially in advance of when we were going to
have that facility completed. And that may be more consistent in line
with what we're seeing as far as the development proj ects coming
through in that area.
COMMISSIONER COYLE: Okay, good. Thank you very
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May 25, 2004
much.
CHAIRMAN FIALA: Do we have any speakers?
MS. FILSON: Yes, ma'am, we have one speaker, Mr. Bob
Murray.
MR. MURRAY: Good afternoon, again, Commissioners, staff.
I'm -- there are copies of what I'm about to speak about being passed
to you, given to you just for the benefit of singing along, as it were.
But I'd like to get serious. This morning as I watched the
opening of your meeting, I was struck by the thought of just how
many people are dedicated to the performance of service to our
citizens and visitors of Collier County. And beyond that, I once again
tried to realize just how large and complex this paradise of ours really
is. And that got me to thinking about just how crucial the fount of
knowledge is to our society. Our citizens could never come to respect
and trust our county government's personnel in all matters without the
easy exchange of information that is, after all, based on the body of
knowledge we all share. Its existence is crucial to the maintenance of
the fabric of our society.
It's true, we have the Internet and that's the rage right now for so
many who have come to use this resource to obtain facts, opinions and
to learn from others their comments and critiques about this world we
live in. There are no borders now and data by the tons exist for those
who have the time and the inclination to search ever more deeply in
satisfaction of their needs.
But Commissioners, it is but one means to achieving an end, that
of learning. There is another way by which adults and children alike
may seek knowledge and pleasure, as well, in pursuit of that
knowledge, and that is, of course, through the wealth contained within
our libraries. History, which is known to us primarily through books,
acts as a guide and permits us the opportunity to avoid the mistakes of
the past. History can be found within the pages of the multitude of
offerings, carefully classified and set in an orderly fashion, enabling
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May 25, 2004
virtually all of us the opportunity to realize our quest for some
particular matter of our interest.
And if that would not be enough, there are found within those
buildings persons whose knowledge -- I'm sorry, persons of
knowledge who have made it their life's work to help, especially the
least of us, to find what it is we seek from within mankind's body of
knowledge. How wonderful this.
But what if this were not available? No, that cannot happen, for
Collier County is dedicated to the preservation and availability of
knowledge through our library system. It is part of our plan for the
future, and a timetable of events is set within the Growth Management
Plan. That plan says when and which area of our county will see an
expansion of facilities in satisfaction of the needs of the citizens to
assure they can obtain their knowledge in a quiet and peaceful setting.
There is nothing as comforting to so many as the relaxation and
pleasure derived from the reading of a book or periodical. There is no
greater support for the seeker than the opportunity to resource
information in support of the growth of ideas.
It is time for East Naples to see its regional library . Efforts to
postpone its creation weaken the fabric of our society. How odd, we
gladly empty our pockets of change to give to the needy and for
causes we perceive as helping society in some subtle way. This need,
our deserved library, is real. And although its absence may only be
perceived as a minor matter, nevertheless, in more than subtle ways
the future of so many of our young is hindered by its unavailability.
There is so much more that one could speak about in support of
our needs. But should one?
The case was made some time ago in the planning in 1996 and it
averred that 2006 was the year that East Naples should see its newest
jewel of knowledge set within a locale then most needed to be served.
It's time. The place is known and suitable. The financial resources
have been accumulating for almost 10 years. Let's get on with it, shall
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May 25, 2004
we? Thank you.
CHAIRMAN FIALA: Thank you. Okay, I'd like to make a
motion that we approve securing this -- dedicating this property for
library and museum use, and authorize staff to begin the planning
process of the south regional library and museum concept.
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN FIALA: Okay, I have a motion--
MR. MUDD: Madam Chair, just in case the museum doesn't go,
you know, you might need a place for a post office, okay, sometime in
the future, so --
MR. MURRAY: I only care about the library at the moment.
MR. MUDD: But that's -- so don't get yourself--
CHAIRMAN FIALA: Sure. Sure.
MR. MUDD: -- so, you know, that -- there could be an
alternative use if the museum doesn't go in that process, and I just
want to make sure that you keep yourself open to that particular idea.
CHAIRMAN FIALA: Thank you. I have a motion on the floor
by Commissioner Fiala to accept as written and a second by
Commissioner Coletta.
By the way, right opposite Lely Cultural Boulevard on the other
side of 951 is where the hospital will be located. So it will be a
handy-dandy place as well. It's going to really be a great location.
All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you. We're going to take a
10-minute break and then we'll be back for our 2:00 time certain.
(A recess was taken.)
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May 25, 2004
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, you have a hot mic.
CHAIRMAN FIALA: Thank you very much. We're going to the
2:00 certain, time certain, right?
Item #lOC
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT THE 2003 COLLIER COUNTY
WASTEWATER MASTER PLAN UPDATE, DATED MAY 25,
200~ 710()() - A-eEROVED
Item #lOD
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT THE 2003 COLLIER COUNTY
WATER MASTER PLAN UPDATE, DATED MAY 25,2004,
EROlECT 70070 - AEEROVED
MR. MUDD: That brings us to Item 10(C). There's three items
at 2:00: 10(C), 10(D), and 8(C), and we'll do 10(C) first. That is a
recommendation that the Board of County Commissioners adopt the
2003 Collier County Wastewater Master Plan Update dated May 25th,
2004. Project 73066. And Mr. Jim DeLony, Public Utilities
Administrator, will present.
MR. DeLONY: For the record, I'm Jim DeLony, Public Utilities
Administrator.
As you're aware, the Board of County Commissioners adopted
the 2002 Collier County Water Sewer District Water Wastewater
Master Plans and Impact fee studies in February, 2003, with the
direction that we come back to the board with an annual update. And
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May 25, 2004
we're here today to present the update to those plans.
The Collier County Water Sewer District mission is to provide
efficient, responsive, reliable and high quality utility services that
exceed expectations. We approach that mission by focusing on
meeting customer demand with reliability but never losing sight of our
need to stay in regulatory compliance, and by consistently working to
provide the best service and value to our customers. The Water
Wastewater Master Plans guides the district's long-range financial and
infrastructure planning.
The 2001 and 2002 master plans established the strategic
countywide 20-year plan for the district's water and wastewater's
infrastructure services and financial arrangements. That master plan,
the master plan you see today, is an update to that strategy, focusing
on evaluating our future plant online dates and capacities and, more
specifically, defining our future systems infrastructure and financial
reliability, renewal and replacement requirements.
The impact fee study we're presenting today makes
recommendations based on the recovery of capital-related costs of
expanding water and wastewater services to meet the demand of
anticipated growth. The district's water, wastewater departments incur
substantial expense in providing these essential services. Neither
department receives tax revenues or other support from the general
fund. Therefore, the total cost of operations, maintenance and capital
improvements must be financed entirely through customer revenues.
The proposed impact fees provide cost reimbursement for growth
consumption of existing facilities and places the financial burden of
constructing new facilities on the new customers for whose benefit
these new facilities will be built.
To date we reviewed these studies and recommendations with the
Productivity Committee, the Development Services Advisory
Committee, the Florida Department of Environmental Protection, and
the South Florida Water Management District, and have taken their
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May 25, 2004
comments into our consideration and recommendation to you today.
Further, both the Productivity Committee and the Development
Services Advisory Committee have voted to support these studies.
I'd like to introduce our project delivery team members. We
have an incredible team of professionals who have worked hard to put
these plans together that we are presenting today. First Mike Pekalo
(phonetic) will present the recommendations with regard to our Water
Wastewater Master Plan update. Mike is an associate of Greeley and
Hansen and has over 20 years of experience in planning, designing
and constructing water and wastewater infrastructure. He has
performed numerous master planning and feasibility study
assignments, not only in Florida but in other states, in other countries
as well.
Robert Ory (phonetic) will present the recommendations of the
impact feel. Rob is a principal with Public Resources Management
Group. He is a certified public accountant with over 25 years of
utility rate and consulting experience. In addition to the evaluation of
rates and impact fees, Rob has also served as an expert witness on
utility rate and financial matters, and has been a national speaker on
rate issues. His firm, PRMG, also represents Lee, Sarasota, Charlotte,
and Hillsborough Counties with their rate analysis needs.
Also here today are team members from the Public Utilities
Division and from Community Development and Environmental
Services. Tom Wides, Operations Director, Paul Mattausch, Water
Director, Joe Cheatham, Wastewater Director, Ivy Wiley, planning
engineer, Paula Shridder (phonetic), senior management and budget
analyst, and Amy Patterson, impact fee manager.
Commissioners, again, our purpose here today is to request your
approval of three executive summaries related to 2003 water and
wastewater master plan updates, which are Items 10(C) and (D), and
the impact fee rate schedules for the Collier County water sewer
district, which is Item 8(C).
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May 25, 2004
If I could, I'd like to move on to 1 O( C) and (D). You have before
you two executive summaries which represent the adaptation of the
Collier County 2003 Water and Wastewater Master Plan Updates.
Mike Pakola (phonetic) is prepared to provide you the summary
recommendations to those studies.
Mr. Mudd?
MR. MUDD: Commissioners, I told them to go to the
recommendations instead of going through the 30-slide brief for each
one of these, that would be 60, and then to the other piece, so to try --
because it was pretty much an update from what you've already
approved last year, so Mike?
MR. PEKOLA: For the record, my name is Mike Pekola with
Greeley and Hansen. Madam Chair and Commissioners, I'm happy to
be here today. You've see the briefing that was provided with your
board package, and I plan to intend to present a summary of the
recommendations.
On the water supply side, the water supply includes new well
fields for the south county and northeast and southeast plants, both
new well fields and also identifying and purchasing sites, reliability
improvements, and changes to the Tamiami well field consumptive
use permit and investigation of other water supply options with new
well field program manager.
On water treatment, it includes south county water treatment
plant modifications, including completing that plant in the 10-year
time period out to its ultimate capacity of 32 mgd, reliability
improvements at that plant, lime softening reactions and rehabilitation
replacement, and then design and construction of a new 10 mgd plant
at the northeast site, and design and starting construction of an
additional 10 mgd increment.
Water transmission main includes -- improvements are
numerous. The major ones include County Road 951, Immokalee
Road and the expansion of the Carica potable water booster pumping
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May 25, 2004
station.
ASR projects on the water side include expansion of your
existing Manatee ASR well field, adding an ASR well field at Carica,
and identification of additional ASR sites.
Wastewater treatment in the 10-year time period include
construction of the north county reclamation facility to its ultimate
expanded capacity of 30.6 mgd, expansion of the south county water
reclamation facility to 16 mgd, and construction of the new northeast
and east central water reclamation facilities. And then on the biosolids
side, implementation of the vendor composting operation.
Wastewater collection and transmission system improvements
include telemetry systems at all pumping stations, inflow and
infiltration studies and implementation of the repairs that result from
those, and a capacity management operations and maintenance
program.
Reclaimed water includes reclaimed water ASR wells, a
completion of a reclaimed water master plan, and an addition of water
-- reclaimed water transmission systems to meet your permit
requirements and to tie on new customers.
Utility services: There is an asset management plan that will be
completed, a staff benchmarking plan, which is a comparison with
other utilities, and construction of public utilities operations centers.
And with that, the last slide I'd like to present is concurrency
management improvements. Essentially looking for consistency
between all of the documents that the county uses, getting real time
information on capacity issues, and that would include updating
developer information to show real needs on a real time basis.
And with that, I'd like to conclude this portion and turn it over to
Mr. DeLony.
MR. DeLONY: Thank you. Again, for the record, Jim DeLony,
Public Utilities Administrator.
We respectfully request the board approval of Items 1 O( C) and
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10(D), other -- and without your -- with other than your questions, that
completes our update.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor to
approve by Commissioner Henning and a second by Commissioner
Coyle.
MR. MUDD: Can I get individual approvals for --
COMMISSIONER HENNING: Motion to approve 10(C), the
Water Master Plan for 2003.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay, let me reiterate. The motion to
approve was for Item 1 O( C). The motion was to be --
MR. MUDD: And that's a recommendation that the Board of
County Commissioners adopt the 2003 Collier County Wastewater
Master Plan Update, dated May 25th, 2004.
COMMISSIONER HENNING: Wastewater. Some kind of
water.
MR. MUDD: It's okay, I just want to -- you said water, but
1 O( C) is for wastewater.
CHAIRMAN FIALA: Okay. Motion by Commissioner
Henning, second by Commissioner Coyle.
All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
COMMISSIONER HENNING: Move to approve item 10(D).
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Motion to approve Item 10(D), which is
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May 25, 2004
the water side, by Commissioner Henning, second by Commissioner
Coyle. Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That's a 4-0.
Item #8C
RESOLUTION 2004-183: A RESOLUTION AMENDING THE
WATER AND SEWER IMPACT FEE RATE SCHEDULE, WHICH
IS SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAW AND ORDINANCES, THE
SAME BEING THE COLLIER COUNTY CONSOLIDATED
MR. MUDD: Commissioner, that brings us to Item 8(C). And
the reason we did it the way we did it as far as the master plans before
you due to the impact fees is because the impact fee update is based
on those master plans and any changes thereto.
So 1 O( C) (sic) is an adopt a resolution amending the water and
sewer impact fee rate schedule, which is Schedule 2 of Appendix A of
Chapter 74 of the Collier County Code of Law and Ordinances, the
same being the Collier County consolidated impact fee ordinance.
Basically, what this boils down to is a $90 increase to the impact
fee for water, a $60 impact fee increase for wastewater. It's been
heard by the DSAC and approved unanimously by the DSAC, I
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May 25, 2004
believe, and the Productivity Committee. And I have an e-mail, and I
think all Che commissioners received it from the Productivity --
COMMISSIONER HENNING: Move to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Are there any speakers on this
particular subj ect?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: Okay, fine. Then I move to close the
public hearing. And I have a motion on the floor to approve by
Commissioner Henning and a second by Commissioner Coyle. Any
discussion?
(No response.)
CHAIRMAN FIALA: All those all those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(N 0 response.)
MR. DeLONY: Thank you, Commissioners.
CHAIRMAN FIALA: Thanks. You did good work; otherwise,
there'd be a lot of questions. Thank you, team.
Item #lOH
REVIEW OPTIONS RELATING TO THE DEVELOPMENT OF A
JUNIOR GOLF PROGRAM AND PUBLIC GOLF COURSE -
MOTION THAT STAFF NOT TAKE ANY ACTION AT THIS
TIME - A IœR OVEJ)
MR. MUDD: Commissioner, that brings us to Item lOCH), which
is to review options relating to the development of a junior golf
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May 25, 2004
program and public golf course. And Mr. John Dunnuck, the Public
Services Administrator, will present. And this was an item that came
to you on public petition, in coming back after staff has done some
review and study and examination of the particular petition.
MR. DUNNUCK: Good afternoon, Commissioners.
Following the public petition that we had a couple of weeks ago,
we sat down and met with representatives and the petitioner, Mr.
Gantzer, to discuss options relating to this issue.
And the way I saw this issue breaking out, and I outlined it in the
executive summary, is that there was two issues at hand. One was
about expanding a junior golf program in this county, and offering it
similar to kind of an after-school program, and having a centralized
approach to it, where there's always a place for kids to come for
tournaments, practice, instruction and league play.
The second issue was actually having a public golf course in this
community, and this is an issue that has come up over a period of
years. And I think I put together a little outline for you to see how
many times this has been in front of the Board of County
Commissioners since the early Eighties in the package.
When we sat down with Mr. Gantzer, the issue that I requested
that he provide -- and he did a very good job and thorough job of
doing it on a short time frame -- was to actually provide me how many
junior golf programs exist in this community today. Enclosed in this
package is that list of folks, and I think there's actually a few more that
he provided me a little bit later on. But they were kind of duplicative
of a nature to some degree. But you'll see that there's over 20
programs in this community serving various other areas, between
country clubs and some public. We actually do even one at Parks and
Rec. at the Golden Gate Community -- the Golden Gate Quality Inn as
part of one of our programs.
But the issue is do you want to do a more expanded program?
Having reviewed that and sitting down, from my standpoint, I looked
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May 25, 2004
at it and said that we would be very unique in the community if we did
do that. Golf is typically somewhat of a seasonal sport, similar to a
soccer program. You don't run it all -- you don't typically run it all
year round for instruction and so forth, so it would be a little bit
unIque.
If the Board of County Commissioners does want to look into a
public golf course, however, we did want to provide options as far as
land acquisition goes. And in that respect, we offered -- there's
property located on the backside of the fair property that we would
have to work with the fair folks, we'd have to work with utilities
department when they go about building their water and sewer plant,
because we had intended on gaining a little bit of property along those
lines. We're working through the PUD process of Orangetree to be
able put together a golf course facility.
The second facility would be located at a property that's going to
be adjacent to either a high school or middle school. The school
system hasn't officially determined it yet, but we acquired
approximately 100 acres off the Vanderbilt Beach extension that
presently we have slated for a future regional park type facility with
community park elements, with a community center and so forth that
would be adjacent to that school.
We're looking at right now a seven to 1 O-year time frame in
doing any construction at that facility. That would be more in line
with what the school system is. But as you're probably well aware of
with the growth in this community, that can always be accelerated at
any time, based upon the needs and the school side of it. So we have
that one available in the inventory as well. We want to throw it out
there for a policy level decision for the Board of County
Commissioners to consider.
What I will tell you, in previous studies when we've looked at
public golf courses, is it's very difficult to offer what we've been
approached by in the past, and that is offering a very feasible, low cost
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May 25, 2004
public golf course. By the time you either acquire a golf course or you
have the capital that goes into it, whether it be land or capital,
typically the payback in that price-wise ends up having to boost up
what the fees would actually end up being. And with seasonal
demand and wanting to give some breathing time for the golf course,
we looked at a 27 -hole golf course in the past so that you'd always
have nine holes that could be pulled off line. And additionally, what
-- you are having the competition in the summertime, which is really
the hardest part about golf in this community is the fact that when golf
courses -- and when the season ends in May, that people reduce their
rates and then you're competing against a lot of golf courses in this
community, approximately -- we counted 91 golf courses in this
community right now that you'd be competing against.
At this point we want to provide options to the Board of County
Commissioners and leave it for discussion. I believe Mr. Gantzer is
here to answer any questions on his behalf and to provide a proposal
for you as well.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I think we have a
wonderful opportunity to offer by an opportunity -- a recreational
opportunity for some of our citizens, but I think we can do it more
through the existing structure. I think it's already there and possibly
the parks and rec advisory board might be able to do something with
the school system as far as getting together, then going to golf courses
that are existing now and trying to utilize the facilities that are there in
such a way that it would benefit everyone.
I don't think we really need to get into this particular business. I
see no advantage to it as far as the cost goes. I think it would be a
detriment to the county and future expenses too. But I do think that
we should explore the possibility of working with the school system to
be able to find the opportunities of the 91 golf courses that exist out
there now, what opportunities exist for our youth.
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May 25, 2004
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: First let's address the issue of the
property that you've suggested. It's my initial inclination that neither
parcels are big enough for a golf course.
MR. DUNNUCK: I believe both -- actually the parcels could be
big enough for a golf course.
COMMISSIONER COYLE: Okay. I've been told you'll need at
least 125 acres for 18 holes, and if you want to go to 27, it will be
substantially higher. Can you put 27 holes on 90 acres?
MR. DUNNUCK: We've actually done a footprint of an 18-hole
golf course in the past between 90 and 100 acres. And I can't answer
the 27 -hole question because I don't think we've ever done that
analysis, because when we were dealing with the 27-hole analysis, we
were dealing with 300 acres and using approximately 150 of it.
COMMISSIONER COYLE: But is it unreasonable to expect
that a -- that you can have a golf course of 18 holes and be able to
keep it open year round? Or are you going to have to take out nine
holes and let that part of it recover?
MR. DUNNUCK: A public golf course in Florida with year
round play is going to need some time, some down time. And, you
know, whether you acknowledge that you're not going to have the
seasonal play in the summertime and you relax a little bit more, which
is what a lot of the country clubs do, you're somewhat defeating the
purpose in that respect. But you're going to have challenges, making
sure you provide a quality venue. Because that's the balance that
really has to occur. You need to provide a venue that is going to be
one that people are going to want to -- that's going to compete against
private golf courses in the summertime in order to keep the operations
going and keep it fluent.
So you're going to try to build a first class facility, to some
degree, that people are going to want to play. You're also going to
want to enhance league play and so forth so that you get a repeat
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customer here. And those would all be challenges because of the
competition of having 91 golf courses. You know, obviously not all
of them are eligible to be played in the summertime, but a significant
number of them open up for play at reasonable rates in the summer
that you're competing against.
COMMISSIONER COYLE: Okay, rates are another issue that
I'd like to explore. I'm quite frankly but pleasantly surprised to see the
number of junior golf training courses that are available to people,
although I would expect that on some occasions the prices are a bit out
of the reach for many of our children.
And what I would like for us to explore with Mr. Gantzer is why
don't we try to use the existing programs and maybe focus our
fundraising efforts on establishing scholarships for those programs so
that we can use the existing infrastructure and address the cost factor
in this particular way, by trying to raise some funds to provide
scholarships for that, or partial funding.
So I'd like to get an understanding as to what the problems would
be if we proceeded down that path.
MR. DUNNUCK: No, I -- frankly, I think that's a very good
suggestion to make, from my standpoint. I don't know if they've gone
to a level of approaching boards of private golf courses and asking
them to work on partnerships. And as I mentioned earlier, in the
summertime you do have a lot of communities competing for people
to come out and play on. And then it becomes the issues of whether
you want it to be a year-round program or you want it to be a seasonal
program similar to a soccer or softball program in that respect.
And I think certainly we could structure something in working
with them a little bit better with the PGA of America and with our
staff. We could probably work together and ask that question. I think
the last meeting in the petition, the foundation was very interested in
helping out with scholarships and could do so. And I think there's
other things, First Tee program and some of the others that potentially
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we could work on.
Those are challenges for this community, I'll be flat out honest
with you, because we're such an affluent community when compared
to other areas, that some of those programs grant-wise will be
difficult. But within our own local community, I think there is
possibility .
COMMISSIONER COYLE: I'd like to hear from Mr. Gantzer
about his opinion concerning those, if this is the appropriate time.
CHAIRMAN FIALA: Certainly. I was going to be calling
speakers anyway.
MS. FILSON: He is the only speaker you have.
CHAIRMAN FIALA: Oh, okay. Thank you.
MR. GANTZER: First of all, thank you very much for having
me here, and I appreciate you putting John in charge of this. It's been
nice to work with him; he's been great.
Eighteen years it's been brought before the county commission
about a public golf course, from what I found here, from 1982 to 2000.
Yes, there are existing junior programs, but there's not an existing
site. And in the summary that John put forth towards you, he did say
that, that there are existing programs that go away after the summer
months.
I would have loved to have filled this room with supporters, but I
didn't really have the time. I found out that I was going to be here
yesterday. And, you know, I've talked to Representative Goodlette,
I've talked to the president of PGA America. This has been something
I've been pushing for three and a half years. I've got $41,000. If you
want to give out the money to local juniors and have them participate
in these programs, that's great. But what are you going to do when
you want high schools to play, what are you going to do when you
want middle schools to play and have their competitive matches?
Where are they going to be?
Well, I can tell you, out of the 91 golf courses, you're not going
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to get but a handful that are going to allow that to happen. The local
president of the PGA chapter, and he's also the section president, has
offered support for this program. The executive director of the South
Florida PGA feels that there's a need for this program. You know, if I
need to get a petition signed by people in the county that would want
to use the facility, I'd be happy to do that. I'd be happy to do whatever
you all would like to prove that this program would work. If you're
willing to give up this laO-acre parcel with a two-year contingency
that we raise the money to build the facility, no out-of-pocket dollars
to the county, I don't understand why it's a problem. If it's owned by
the county and the money that is generated to build the facility, how
are you going to lose? It's going to be your property to sell
somewhere down the road.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: We're talking a lOa-acre parcel.
We're talking about the fairgrounds?
MR. GANTZER: The one at Vanderbilt. The Vanderbilt
extension.
COMMISSIONER COLETTA: I think that's pegged out for a
future park for that area, for people to play soccer, baseball. We don't
have enough of those parks. They're heavily overutilized. They can't
-- haven't got time to recover. We can't come up with enough fields.
I'll tell you right now, the community out there is looking
forward to those parks. It's not a question of the county has surplus
land there. They don't. And as far as the fairgrounds go, there's plans
for that particular area too by the residents in that area. They want to
see everything from a cultural center to another park and other
amenities.
You know, it's kind of hard for you to walk into the scene and
say I want this particular piece of land. It's not received all that well
when you do it that way. If you could find something out in the
agricultural land, maybe you might put together a consortium of
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people that have a real sincere interest in this and come up with that
$46,000 and whatever else. If there's enough interest in the
community, it can happen. And it can happen with the money that's
out there that will be able to make this thing work. But, you know,
there's other compelling interests out there, too, that you're competing
with.
I think it's admirable the fact that you are putting your time and
effort into it. But you've got to remember, there's more to this than
meets the eye. It's not just pure golf, there's other elements out there
too that need to be satisfied.
MR. GANTZER: I agree. How is the baseball fields and how
are the soccer fields going to be paid for? Who's going to pay for
that?
COMMISSIONER COLETTA: Well, it's a question of returns.
You have numerous people that can afford to go out there and join
those particular clubs that the -- and utilize those fields to the
maximum. When you've got a golf course, you've got a very small,
elite bunch of people that will be able to go to it and be able to utilize
it. It's not the same thing at all. It's a case of diminishing returns
when you go to something like a golf course.
I mean, all I can do is put you in contact with parks and rec. If
I'm wrong, I'll apologize, but I'm pretty sure I'm not. I think you'll
find out that the thousands and thousands and thousands of our
children that utilize these fields, they get tremendous benefit out of
them. And to tell them that we're not going to have these future fields
available for them because we're going to put a golf course in, it's not
going to go well. Just so we got some realities to this whole thing.
MR. GANTZER: That's all I have to say. Seems like it's not an
interest to the county commissioners or anyone in the county to have a
public facility that's available, and I --
COMMISSIONER HENNING: Sir, I'll be in favor of it once we
have 91 soccer fields and baseball fields like we do in golf courses. I'd
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be I'd be --
,
COMMISSIONER COLETTA: Good point.
COMMISSIONER HENNING: -- very in favor of that. But the
MR. GANTZER: A majority of those golf courses are private.
COMMISSIONER HENNING: The needs of what I see of the
people in Golden Gate Estates is those activities. And it wouldn't be
fair to them to take away those activities that have been planned for
years and years to do something different.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I hate to see this effort die. Let's
go back to another possibility. Why can't we give instruction or
guidance to the staff, Parks and Recreation Department, to explore
with some of the existing facilities to solve the problems that Mr.
Gantzer has surfaced that, you know, some of them are not available
for this, some of them are too expensive for this. Is there a way to talk
with them and work out some arrangements and maybe, through
fundraising efforts outside the government, be able to cover the cost
for junior golf and league play? And work it out between the high
schools and those golf courses where some sort of an arrangement can
be developed? Is that a reasonable approach to solving this problem,
rather than just seeing it just die again?
MR. DUNNUCK: I believe we can. I believe we can put some
efforts in working with them to help that.
COMMISSIONER COYLE: And that wouldn't be a -- I'm not
asking -- again, I don't think we have sufficient support on this board
to allocate a lot of money to do that. So if I were to propose that, I
don't think it would go anywhere.
But if -- Mr. Gantzer, if you can do anything from a standpoint of
fundraising, if the staff can think of some ideas about external
fundraising that might be helpful in offsetting the cost for children
who can't otherwise afford to play on these courses, I think it would be
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a wonderful thing to do. And I don't know if there -- is there any
objection to that, that concept?
CHAIRMAN FIALA: No, none at all. I was going to mention
that I've heard -- and of course it's just a rumor, that -- along with
Commissioner Coyle's suggestion, you might be able to follow up on
it, of an executive course that is facing bankruptcy right now, on top
of which it's being fined heavily by code enforcement, and they can't
afford to pay that, and they're even talking about foreclosure on that
property. And that just might be an area that could be considered
because the price just might be right then. I mean, if we're thinking of
that. Anyway, so that's just something to pursue, and I'll talk to you
later about that.
COMMISSIONER COLETTA: I'm not too sure what we're
asking staff to do.
COMMISSIONER COYLE: Well, let me try to restate my
proposal. What I would like to do is give staff direction to coordinate,
with Mr. Gantzer's support, with other golf courses concerning the
junior golf program and find out if there is away, through private
donation or fundraising, that we can expand the opportunities for
children to get involved in junior golfing.
And if that presents an opportunity, I think it's better than nothing
at the present time.
MR. GANTZER: At the present time, I believe that the local
chapter of the PGA and all the other junior programs are doing fine
with that. I don't think that it's something that we need the county
staff to get involved in. They have plenty to do. I don't feel it -- like I
said, if we can't get the land to build a junior public facility, I have
monies, I'm more than happy -- not me, but Collier Junior Golf, the
entity that I started -- has monies to send juniors to programs. There
are existing programs.
So I -- the whole reason for this meeting to come here was to talk
about land to build a facility, not, in my opinion, to worry about what
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we're already doing and for juniors in the programs. We have those
installed.
So again, why would we take up more time of Mr. Dunnuck's
and Mr. Ochs and Mr. Mudd and your time and other staff members'
time to try to help with junior programs that we already have? Thank
you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Motion to approve staff's
recommendation.
CHAIRMAN FIALA: Which is?
COMMISSIONER HENNING: Which is not to take any action
at this time.
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN FIALA: I have a motion on the floor to
recommend that staff does not recommend any action at this time by
Commissioner Henning, and a second by Commissioner Coletta. Do
we have any further discussion on this?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay, that passes 4-0. But I would hope
that you would maybe look into that other situation that I was telling
you about. That just might be there very soon for a quick take.
MR. DUNNUCK: Thank you, Commissioners.
Item #101
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AGREEMENT WITH LIFE CHOICE PREGNANCY RESOURCE
CENTER TO RECEIVE FUNDS ASSOCIATED WITH ADOPTION
MR. MUDD: Commissioner, the next item is Number 10(1), and
that is a -- let me get my sheet. That was an addition. And that item is
a recommendation that the Board of County Commissioners enter into
an agreement with Life Choice Pregnancy Resource Center to receive
funds associated with adoption awareness license plate revenues. And
that's at staff's request. The reason that it's -- the reason that it's late
and it was an add-on to your agenda is this particular agency would
have lost an opportunity to use the dollars that that license plate and
the taxpayers of Florida basically give when they buy that license
plate, in order to spend those dollars before this fiscal year is over.
And Mr. Barry Williams will present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: I have a motion on the floor to approve by
Commissioner Henning, second by Commissioner Coletta. I'm not
quite sure what we're even voting on yet. Can I -- I just --
COMMISSIONER HENNING: Well, the whole concept
between the license plate, Choose Life, is monies goes into a kitty, and
those monies can be expended to -- for, you know, pregnancy needs.
MR. WILLIAMS: That's correct. Commissioners, for the record,
Barry Williams, Human Services Director.
Commissioner Henning is absolutely correct, these are funds --
COMMISSIONER HENNING: That right, Mr. Mudd?
MR. MUDD: Sir, you hit it pretty good. And I carry one of those
license plates on the back of my car. And I think you do too.
COMMISSIONER HENNING: That's right. There's nothing
wrong with pregnancies.
CHAIRMAN FIALA: So, so -- could you just --
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MR. WILLIAMS: These funds come from the revenues
generated from the Choose Life license plates that you see, the
specialty license tags. The funds are reapportioned to local
governments to provide to qualified agencies. We do have an
organization that's identified and certified to provide these services
that -- by the Florida statutes. So the agreement that's before you is
just to appropriate these dollars to that organization, to give these
dollars to that organization to provide adoption awareness for citizens
of Collier County.
CHAIRMAN FIALA: Okay. All those in favor, say aye.
Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Item #11
MR. MUDD: That brings us to public comment.
MS. FILSON: Madam Chairman, we have one speaker under
public comments. Sue Smith.
MS. SMITH: I am Sue Smith. I would like to speak, please, on
the matter of museum. Today I have heard on agenda Item 6 and again
on agenda Item 10 discussion on museums. However, they seem to be
quite apart in the presentation of what they would become. One
would be a Naples Depot site, and the other would be the site out in
the Lely area.
I would like to comment that I note the thing that -- one of the
things that does concern -- I speak -- first of all, I come to you as
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taxpayer, I come to you as a citizen. I come to you from a family who
have spent very much time and heart and money, as well, in that
historic of maintaining and preserving and saving that for the
generations to come past, beyond us.
I note one thing that does seem to concern me. There did not
seem to be a correlation in the presentations you had here today. And
so consequently I, as an individual trying to understand what is
happening and what's been presented am rather confused, and I do
know you did say that you were going to have other follow-up staff
reports, et cetera. So may I just make a few comments that I think fit
into that, of your future thinking on this matter.
One is I do see -- tend to think that the museum that we have, it is
just a short distance from where we are now, as we're holding this
meeting, as you hold this meeting. That museum to me has a lot to be
said for it. It has been a lot of money, a lot of thought, a lot of heart
has gone into that -- establishing that site. It provides a lecture room,
it provides exhibit area, it provides area for grounds where festivities
can be held. It has two major historic -- or I think major, quaint
historic properties of building on it. It has the old train on it from
Copeland, I believe, that site. It has many things that are -- things that
fit well there.
I have attended many different activities there, and I have noted
families with children coming. I have noted people coming from other
areas who bring what they have to offer to that site area to share with
our peoples, our local peoples.
I think that there are two things that should be very much
considered in your deliberations on this site -- what you're going to do
with your museum. I think that one is the dollars involved. I think
you're talking about taxpayers' dollars. It's not just for tourists that we
save that that is of historic. We save it for our own, for our peoples
who are here, who have been a part of that history, some of them.
And some of them are from those families.
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It -- when we talk about going, for instance, down into the area of
the Depot, there are a number of things that are peripheral things that I
think would be very important to consider. One is that of this site of
historic brings its own important questions to be answered; i.e.,
security of site, the security of the artifacts. Because this site of the
historic -- the Depot is two blocks from the bay. And any of you who
were here in the time of Donna, you know that's a very vulnerable area
from that of water.
So you have a tremendous -- you're talking about additional
expenses if you would move our current museum and the artifacts that
are placed there into that site. There are many overhead expenses that
are important to be built into that.
You -- also, from a taxpayer standpoint, you have property that
has no tax going into the revenue of the citizenry. It is tax free, that
site. And so when you go into it, if you arrange with the Depot site,
you arrange an area whereby you will be, for a dollar a year, utilizing
that property after you have enhanced it. Then you have a most
interesting additional of that as well. You're taking monies that are --
monies that -- tax monies are to be added to that of the overall of what
the taxpayers will be paying for your change of site.
If you take the site there, you also must be aware that you have --
the City of Naples currently within that area where the Depot is now
contained has quite a change that is being -- a development that is
going to be very interesting, because it's even suggesting to move the
road from that area.
You have, if you go out to the Lely -- and I will, I will stop this.
You have, if you go out to the Lely area, you are taking city things,
many of them, and making them to be less available to the peoples of
the city.
So I guess I sound like I'm just adding to your confusement (sic),
and I don't mean to do that. I simply meant to highlight a few of those
things that I think as you make this decision of what you're going to,
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you have a very -- it's a very important decision, and I wish you well
in the formulating of that. Thank you very much.
CHAIRMAN FIALA: Do we have any other speakers?
MS. FILSON: No, ma'am.
Item #12
CHAIRMAN FIALA: Okay, County Attorney?
MR. WEIGEL: Yes, thanks. Just to let you know that the next
board meeting, June 8th, I'll be bringing back for your review and
consideration an agenda item with a draft resolution with the proposed
straw ballot relating to a charter government commission. This had
been discussed by the board early this year with direction to the
County Attorney to bring back a ballot, a straw ballot language in a
timely way. And in working with Jennifer Edwards, the Supervisor of
Elections, she would need something certainly by July 15th or 16th.
But in terms of our handling things and reviewing it ahead of
time, I would suggest we would bring back to you for discussion and
potential approval a resolution setting a straw ballot referendum
election item on June 8th to be held at a time you determined at some
date in the future, either this fall, August 31 st, or the November
election at your general county elections.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I have a question. It seems
to me that when this was first considered by the board, the board was
responding to a request of a group of citizens who wanted to
determine whether or not charter government was desired by the
people of Collier County. And this was viewed as a way to find out.
But after having done that, those citizens decided they would proceed
along their own course and gather signatures to begin the charter
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government consideration without regard to a vote by the citizens.
MR. WEIGEL: Yes.
COMMISSIONER COYLE: So I'm wondering why -- I'm
wondering if the board is still interested in having this placed on the
ballot?
CHAIRMAN FIALA: Commissioner Henning, Commissioner
Coletta?
COMMISSIONER HENNING: I would hate to go back on our
word. And this item is going to come up from time to time. And the
cost is very minimal for us to put it on the ballot to ask the people
should we change the way we govern, in this point, should we appoint
a committee to take a look at change.
If the citizens are successful on getting enough petitions to ask
the legislators to put it -- to appoint a charter review committee, that
would be more costly. And I think the legislators and everybody
would know, you know, what's the true sense of the community.
So I'm very much in favor of staying in -- on track on that. And
if we do this in a future date, I'm afraid that the people that really
wanted to voice their -- whether pro or con is not -- is going to be --
there's so many other things that are going to be going on in 2002 -- or
2008 that we might lose the opportunity to really get a true sense of
the public. So I think 2004 is a great opportunity. My opinion.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: I agree with Commissioner
Henning, you know. It would be best if the citizenry out there could
vote on this early on, whether they want to form the study
commission. The ballot item should also include what the cost is
going to be to form that committee and to be able to run that
committee for a year. I'm very much opposed to these items,
referendum items that go on the ballot without any mention of what
the funding is going to be and how much money is needed to do it.
And let the public make that decision.
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COMMISSIONER HENNING: One other thing. The --
Commissioner Coyle, I'm haven't -- I'm not sure what you have heard,
but I haven't heard of anybody that is in favor, except for the handful
of people that showed up, they're in favor of changing the way we
govern. But, you know, we've asked the question several times in the
past. I think two times since 1970, since I've been here. So -- okay?
COMMISSIONER COYLE: Yeah, I haven't seen any support
for it either. And my concern is not putting it on the ballot. I agree, it
would be nice to have a good clear indication of what the public
wants. I'm not sure you can do that with the number of items we're
going to have on the ballot this year. There are going to be so many, I
don't know to what extent people will carefully review those before
they vote on them. So I don't know -- you'll see that we -- and you
know you're very involved in the effort to reverse a decision made on
the high speed rail, because it didn't specify costs and implications.
And that's what I'm concerned about, I'm concerned about a vote
being made that does not indicate the true desires of the people,
because they will not have all the information. It's very difficult to
communicate to the people the implications of that kind of question.
It goes beyond just the cost of the commission. It gets into things like
do you want an elected county manager, do you want to separate the
responsibilities of the county commission from the county manager.
And lots of other things concerning the constitutional officers. There
is no way to even project where that will lead during that process.
And -- that's the only reason I'm raising it. I am not convinced
that with all of the charter questions that are going to be on the ballot
this year that we're likely to get a good indication as to how people
really feel, because we can't really explain it. But that's not something
that --
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: I'm sorry, I don't think
Commissioner Coyle is through.
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COMMISSIONER COYLE: No, I think I am. I just -- I'm not
going to fight it, you know, if -- I just brought it up to see what the
consensus was.
COMMISSIONER COLETTA: My thoughts were is that -- I
may be wrong in this, but if we do it in August, there probably won't
be anything else on there to compete with. November, I agree.
There's so many items normally on the November ballot, it just
washes you right out.
And as far as getting an honest return from the voters, I mean, it's
the best we have to offer, as far as the system goes. I don't know any
other way to do it. And I don't -- I feel confident enough, you know,
that -- and I'm willing to do whatever the voters out there want in the
end.
COMMISSIONER COYLE: Yeah, I am, too. My problem is
that most of the voters aren't around here in July, at least in my
district. But nevertheless, okay.
COMMISSIONER HENNING: Okay.
MR. WEIGEL: Madam Chairman and Commissioners, at this
point if there's no further discussion from your end, what I would like
to add is the fact that we'll bring forward something which I think is
very informative and illustrative as an executive summary, and in fact
we will provide information based upon the research, extensive
research we've done in regard to costs of -- relating to a charter
commission, if one were to be appointed, as well as other additional
costs that go beyond that in regard to a special referendum election,
which would be required by law, should a commission be approved by
straw ballot and then adopted by the Board of County Commissioners.
So we'll have, I think, a fairly comprehensive but understandable
report for you with this agenda item as we bring it forward.
COMMISSIONER COYLE: Will we also have a comprehensive
and understandable question to place on the ballot?
MR. WEIGEL: I think so.
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COMMISSIONER COYLE: Okay, good. That's key.
CHAIRMAN FIALA: Good point.
MR. WEIGEL: Thank you.
CHAIRMAN FIALA: Thank you.
Item #15
Mr. Mudd?
MR. MUDD: Yes, ma'am. Let me get on the visualizer here.
Ma'am, if you -- one item to just kind of bring you up to speed.
Remember we talked about the NCH updated balances, and we were
going to meet with NCH to talk about the unclaimed balances for
calendar year 2000 (sic) and 2003. I'm happy to report to you today
that we received a check for $183,994.89. So our -- they are making
good to all their particular issues, and we're negotiating with good
faith in order to make those collections. So I just give you -- you
know, that one came out of the blue and that was nice -- that was a
nice thing to show up. And it didn't have to twist somebody's arm. So
I believe that NCH, Mr. Morton and the county are basically trying to
get all those bills paid up and get that stuff resolved.
The next item I'd like to talk about, and I think I sent each one of
the commissioners a memo, and I don't normally like to say I'm a little
confused, but I was a little confused. And this has to do with funding
requests for non-mandated social service agencies and non-profit
organizations. I sent you a memo on the 13th of May. That's my son's
birthday, by the way. That's a little off the record.
And it basically -- basically said is please allow me to also
remind you of the existing budget policies for '05, which was the
directive. And I quote, the Board of County Commissioners will not
fund any non-mandated social service agency.
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May 25, 2004
In that packet I sent you some requests from the Conservancy of
Southwest Florida. I sent you a copy of a request from Project Help.
They're looking for $100,000. Conservancy is looking for $250,000.
Smart Solutions to Avoid Red Tide, Inc., I got the phone call them on
my thing, call them back, and I wasn't going to call them back till I
talked to you about it. They're looking for funds to work on that. And
I will remind you that I believe all four -- all five of you went to
Tallahassee to pick up a million dollars more in the state budget in
order to fund that research. So that one's out there.
I've received, since that time, over in John Dunnuck's side of the
house, I've got five organizations asking, Youth Haven, Collier School
Readiness Coalition, Salvation Army, Collier County United Way,
Foster Care Alliance of Southwest Florida, and I believe Mr. Dunnuck
has basically copied up anywhere from 30 -- or copied -- went through
the phone book looking anywhere from 30 to 80 social service places,
depending on how they want to change their request.
I will tell you that in the past, that particular event for social
service funding of non-government agencies has been very
contentious. I also reminded you in my letter that for each one of
those agencies, they will fill this room up with a different color
T -shirt, okay, and no matter what you do on this dias, you will tick off
someone, okay? Somebody's going to walk out of this room mad at
you. And even when you do it, and you think you're doing the best of
things for this particular thing, and -- I mean, they come up with very,
very good arguments why you should fund them -- will also say that
the minute you open the door to a lot of these agencies and their being
government funded, they also lose the ability to leverage dollars that
are not government dollars. So they become more dependent upon
you than they are today. Just because they can, you know -- kind of
saying, hey, we don't get any government dollars, therefore, I need
additional funds. People will come and contribute to that particular
agency and be more forthcoming in their donations.
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May 25, 2004
An agency that does get federal, state, county dollars or city
dollars for support, people have a tendency to say, wow, man, they're
already getting my tax dollars, I don't want to give them any more.
And I don't know how United Way -- and Leo can help me here
because he sat on the United Way Council for a number of years --
and how they determine who gets dollars and who doesn't get dollars,
but I believe that there's a pecking order and there's -- you know,
based on need and funding from other sources that they get to see how
they're going to get the dollars from United Way or whatever.
You've passed the policies that basically says not to fund those in
the '05 budget and -- but on next meeting we're bringing back a
petition from the Crisis Center to talk about additional funding. And
plus you've also told me to set up some kind of a workshop in -- next
January I think we've got a tentative date on all your calendars for, I
think it's the 25th of January, 2005, thereabouts, for a workshop.
I just want to make sure that you're aware of what you're opening
up right now. And I will tell you not only -- and I know everybody on
that dias wants to do a great job, but I will tell you, this is a difficult
area that you're walking into. It will have lots of demands, you will
not have enough money in order to fill all of them. And they're not all
going to walk away from you satisfied.
And I just want some guidance, do you want me to open this
thing up for '05 and let the flood gates open, or do you want me to tell
these people I'm sorry, the board has -- I can write them back and say
the board has a policy that says no funding of these particular items,
and that's the end of it? If you want to continue to open it up, they're
going to come. I'm going to basically say come petition the board. I
need some direction.
CHAIRMAN FIALA: Commissioners?
COMMISSIONER HENNING: The board at the last meeting
gave direction on this one item. I haven't -- or this board hasn't
received any other requests. We haven't received a request by this
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May 25, 2004
board. County manager or individually, but nobody has come to this
board and say we're asking you to budget such and such for our
proj ect. We only had one request for that, so --
CHAIRMAN FIALA: Oh, gee, you know, I've gotten some
letters right away. Project Help was one of them.
COMMISSIONER HENNING: Well, we -- they haven't come to
the board. They came to you, they came to me, they came to
Commissioner Coyle and so on and so forth.
CHAIRMAN FIALA: Oh, I see what you're saying.
COMMISSIONER HENNING: They haven't come to the board.
So -- we already gave guidance and it was different from our policy.
But it was only one item. That's my feelings.
COMMISSIONER COLETTA: Yeah, you're right, they haven't
come yet. But I'll guarantee you, if you like, next time we have a
meeting, public petition, there will be 20 of them here waiting to
speak, the same thing -- the same way as the Women's Shelter.
They're waiting for the opportunity. I've had a number of them come
up to me and approach me. They're waiting for that opportunity to be
able to come in here and make their pitch.
You know, I'm still for the workshop. I'm not too sure how
everything is going to go, but I've got lot of people out there that are
interested. I'll tell you what, there's one thing I can tell you, there's a
lot of them that, as far as I'm concerned, don't come under -- shouldn't
be considered under our government for any kind of assistance in any
way, under contract or whatever, you know. They just don't fit that
proverbial health, safety and welfare, and that's a very narrow one.
We addressed this situation before when it came to the impact fee
waiver, the 7,500. And remember, we refused a number of them
because they just didn't fit in within that criteria. You just got to have
a good understanding of what it's all about. That's where I am with it.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Commissioner Coletta mentioned a
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May 25, 2004
workshop. What are we talking about?
COMMISSIONER HENNING: January, '05.
MR. MUDD: Commissioner, at the last board meeting, when
you got the crisis petition, the direction, at least from three nods on the
dias, was to set up a workshop with the social service agency,
whoever wanted to come, stakeholders or whatever, to talk about
future funding opportunities from the Collier County Board of County
Commissioners. And I was told to set that up in either the late fall or
the first part of the year so that it could -- you could have the
workshop, that you could set the budget guidance then after that
workshop, depending on what the board decides, and that that budget
guidance could be representative of your directions from that
workshop. Right now we have the one policy that's been approved
that says we're not going to fund it in '05. That might change after that
workshop. I'm just trying to get some direction, are we --
COMMISSIONER COYLE: Well, I think we have to separate a
couple things. I think we're confusing something. We had a specific
request in a public petition and we said yes, let's bring that one back
and talk about it.
Now, if we bring that one back and talk about it and we decide
that yes, we'll provide funds, then that perhaps establishes a precedent
that obligates us to consider other groups. Ifwe bring this one back
and we say no, we're not going to provide funds, then that doesn't set a
precedent and doesn't get us into the situation where -- that you have
suggested.
Furthermore, the workshop is something that would be designed
to establish budget guidance for the next fiscal year, not this fiscal
year. And I don't see any need for any guidance right now with
respect to budget guidance for the next fiscal year. We've already
developed budget guidance for this fiscal year, the upcoming fiscal
year, and so you're already set there.
So I don't understand the need to give guidance at the present
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May 25, 2004
time for -- about a workshop that is to occur next calendar year,
perhaps, to set the budget guidance for the following fiscal year.
So I think what your concern really is is to reach an early
decision that we don't want to get involved in this. And maybe that's
the right thing to do.
MR. MUDD: Commissioner, what I need -- what I need in the
next three weeks is I need this board to either stick with the policy that
you told us in March, which is the Board of County Commissioners
will not fund any non-mandated social service agencies, or tell me you
don't want to do that and you want to open it up for '05. Because I
will tell you, the minute my staff says their policy says no, okay, if
they say come on down and petition the board, we will spend two days
here over the next -- every meeting that we have from now till the end
of June, and we will be listening to petitions for dollars.
And so all I'm trying to say to you is I've got them already. I'm
prepared to say I'm sorry, the board doesn't fund that, and their policy
was approved in March and they're sticking to it. And if that's not
going to be the case, and maybe we won't know until the 8th of June
when that's going to happen, depending on what you decide on the
Crisis Center, I need to respond back to these people and I'm -- I don't
know what the board wants me to do at this particular juncture.
COMMISSIONER COLETTA: I might offer a suggestion. I
think where we're getting hung up with is the fact that we've got this
8th of June coming up. And we still have a workshop that's going to
follow. And I understand, if we set a precedence, by the 8th of June
this takes place, anyone that comes in here and petition us, there's
going to have to be darn good reason to tell them why we can't let
them come before us as an agenda item. You possibly might want to
consider taking the 8th of June one and making that part of the
workshop also, putting everybody on an equal footing.
COMMISSIONER COYLE: Yeah, there's a way, I think, of
dealing with that. You can just say look, we've got budget guidance
162
May 25, 2004
for this fiscal year already established, end of story. And that's what
it's going to be. If you want to consider modifying the budget
guidance for next fiscal year, I guess '06, then that has to be
considered in a workshop next year, but not in this budget cycle.
And I would tend to agree, it's a little late in the budgeting
process to start changing the budget guidance. So I wouldn't have a
problem with doing it that way.
CHAIRMAN FIALA: I totally agree. We already have a plan in
place, and I don't think at this late date we should be changing that
plan.
COMMISSIONER COYLE: And if we decide we want to
change it, then we'll have the workshop next year. And if we decide
we don't want to change it, we won't have it.
MS. FILSON: I believe the workshop is scheduled for next year.
It's in January.
COMMISSIONER COYLE: Yeah, but we can unschedule it if
we need to.
MS. FILSON: Yes.
COMMISSIONER COLETTA: I'm still not clear. What are we
talking about as far as the Abused Women's Shelter in the June date?
COMMISSIONER COYLE: I think what the discussion seems
to be moving toward is to say that we've already established our
budget guidance for this fiscal year and it's too late in this budget
process to change our budget guidance for this fiscal year. If there's
some consideration for those kinds of funds, it would have to be taken
up with the budget guidance next fiscal year.
COMMISSIONER COLETTA: Which could be the workshop.
COMMISSIONER COYLE: Which could be the workshop, if
the board decides it want to do this.
COMMISSIONER COLETTA: So where we're heading with
this now is to do away with the June meeting -- agenda item for that
June meeting?
163
May 25, 2004
MR. MUDD: Sir, you can't -- you said that you wanted to bring
that back, we set a date for 8 June, and that item should come back
and people are going to want to talk about that particular item with the
board.
All I'm trying to get a feel for is I've received additional requests
for additional funds, and I want to make sure that when I tell them no,
I'm sorry, the budget guidance has already been set and they're set
upon this, there will be a workshop potentially in January of next year
to talk about these particular -- this particular piece of budget guidance
for '06, you're most welcome to participate, and I'm just trying to get
the response so I can kind of head some of this off at the pass before
they walk in with several petitions that are going to be very difficult to
say no to.
COMMISSIONER COLETTA: I don't think you really can say
no to a person who wants to petition us. We can try to discourage
them, but if they want to do it, it's been our policy in the past that
everyone's petition has always been heard at the beginning of the
meeting. So there we are.
CHAIRMAN FIALA: Right. And you know, just as soon as we
open up that flood gate, just even an inch, they're all going to be
coming in with those petitions. Right now we haven't gotten any
because we've had a firm policy in place that we've guided. We all
roll up our sleeves to work on some of these things, we give them our
dollars as well, because they're not government funded. And I just
feel that we have this firm policy in place and -- I talked with
somebody from the Shelter for Abused Women, and they know that
I'm very supportive of them, but I said, you know, by doing this,
you're really opening it up to all the other groups. And this person
said we thought long and hard about that, and we decided we would
bring it up anyway. And all I could think of was all of the groups just
waiting. But it wasn't -- well, Jim Coletta mentioned three at that
meeting. It wasn't the end of the day and I already had three phone
164
May 25, 2004
calls requesting to be -- participating in the trough -- or at the trough,
excuse me. So I think we must be very careful here.
MR. MUDD: Commissioners, I will respond based on what I've
just heard back to the request that basically repeats your budget
guidance for '05 that you will not fund those. And I will also end that
particular letter that basically says you always have the opportunity to
petition the Board of County Commissioners.
CHAIRMAN FIALA: And we did set that policy back in March,
so I mean --
,
COMMISSIONER COYLE: Yes, we did.
MR. MUDD: Thank you. That's all I have, ma'am.
CHAIRMAN FIALA: Okay. Jim?
MR. MITCHELL: No, ma'am.
CHAIRMAN FIALA: Nothing from the Clerk's office.
Okay, Mr. Coletta -- or Commissioner Coletta, excuse me.
COMMISSIONER COLETTA: Thank you, Chairwoman Fiala.
I just want you to know that I appreciate the fact that
Commissioner Coyle restrained himself very well today, and I'd like
to yield my time to him.
CHAIRMAN FIALA: He didn't even have a timer on you or
anything.
COMMISSIONER COLETTA: I know. I appreciate it.
COMMISSIONER COYLE: I don't think I can use four hours.
CHAIRMAN FIALA: Is that all you'd like to say?
COMMISSIONER COYLE: That's all I'd like to say. I'm
finished.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: In the July meeting, are we
limiting any items from our agenda, or are we going to treat it like any
other commission meeting and hear everything that comes before us?
Because it's on my calendar for two days and it kinds of gives me the
sense that hey, you know, we're going to continue doing government
165
May 25, 2004
businesses and whatever hits the agenda hits the agenda. Not a
problem?
COMMISSIONER COLETTA: I'm prepared to go two days or
whatever.
MR. MUDD: I believe it won't go the second day, from what
I've seen already that's -- you know, we try to keep track of what's
going to come before you, and it's out on the I drive ahead of time so
everybody can see what items that are there. Unless you continue
items from 22 June to 27 July, I believe you'll get it done within one
day and it will go for about eight hours.
CHAIRMAN FIALA: Good. I plan on staying the whole day
and even in the evening, because before we -- you put it onto the
second day, we'd made arrangements to fly, just for four days, of all
things, to Michigan and paid for our tickets, leaving the next day,
figuring I needed to be here for the meeting. So if we can finish the
meeting up in one day, I'd like to do that.
MR. MUDD: The only reason I put it on your calendar for two
days is because I didn't know eight months ago what it was going to
be like, but as we were laying those days out, I talked to Ms. Filson, I
said, might as well lay it down for two, just in case.
COMMISSIONER HENNING: Okay. And the last thing, the
Depot is a not-for-profit organization, they don't pay any property
taxes. Neither does the property that we own on Lely Cultural Drive.
CHAIRMAN FIALA: Okay. And I'm just going to finish by
saying I'm leaving for Idaho to visit my son on Thursday, so I'll see
you --
COMMISSIONER COYLE: It's snowing out there.
CHAIRMAN FIALA: I know, that's what he said. It was.
And so I bid you a fond farewell for a few days. See you next
week. Bye. Commission meeting adjourned.
* * * * *Commissioner Henning moved, seconded by Commissioner
166
May 25, 2004
Fiala and carried 4/0, (Commisssioner Halas absent) that the following
items under the Consent and Summary Agendas be approved and/or
adopted*****
Item #16A1
RESOLUTION 2004-174: FINAL APPROVAL AND RELEASE
OF MAINTENANCE SECURITY OF THE ROADWAY
(PRIVATE), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "ISLA VISTA AT
GREY OAKS". THE ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED, THE
SEWER IMPROVEMENTS WILL BE MAINTAINED BY
COLLIER COUNTY, AND THE POTABLE WATER
IMPROVEMENTS WILL BE MAINTAINED BY THE CITY OF
NAELRS
Item #16A2
RECORDING OF THE FINAL PLAT OF "VERONA WALK
TOWNHOMES PHASE ONE", APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY. (WITH STIPULATIONS, AS DETAILED IN THE
Item #16A3
RECORDING OF THE FINAL PLAT OF "VERONAWALK
TOWNHOMES PHASE TWO", APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
167
May 25, 2004
PERFORMANCE SECURITY. (WITH STIPULATIONS, AS
Item #16A4
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR AR-5477, CRYSTAL LAKE TERRACES,
PHASE II, EAGLE CREEK M2 AND RELEASE OF THE UPS TO
THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNAIED AGENT
Item #16A5
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
AVA MARIA INTERIM FACILITY UNIVERSITY (GREENFIELD
COMMONS) AND RELEASE OF THE UPS TO THE PROJECT
,
Item #16A6
FINAL ACCEPTANCE OF THE WATER FACILITIES FOR KEY
ROYAL VILLAS AND RELEASE OF THE UPS TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
.AGENT
Item #16A7
RENAMING OF THE MARCO ISLAND 9-MILE ARTIFICIAL
"
Item #16A8
RESOLUTION 2004-175: APPROVING THE TARGET
168
May 25, 2004
PROTECTION AREAS OUTREACH MAILING STRATEGY FOR
CONSERVATION COLLIER'S SECOND PROPERTY
SELECIION CYCLE
Item #16A9
A GRANT PROPOSAL TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) FOR
CONTRACTUAL SERVICES FOR THE REMOVAL OF
INVASIVE EXOTIC VEGETATION WITHIN THE STATE
HIGHWAY 29 AND PLANTATION ROAD RIGHTS OF WAY.
Item #16AI0
ENDORSEMENT OF THE SKYTRUCK COMPANY, LLC
APPLICATION FOR THE JOB CREATION INVESTMENT
PROGRAM AND THE FEE PAYMENT ASSISTANCE
PROGRAM. SKYTRUCK PROPOSES TO CREATE THIRTY (30)
NEW JOBS WITHIN FIVE (5) YEARS WITH A CAPITAL
Item #16All
AUTHORIZATION FOR THE COUNTY MANAGER OR THE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES (CDES) DIVISION ADMINISTRATOR TO ACCEPT
THE FY 2003 UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT SUPPORTIVE HOUSING GRANT
AGREEMENT, PROJECT #FL14B30-6002, AND APPROVE
EXECUTION OF GRANT SUB-RECIPIENT
169
May 25, 2004
Item #16A12
AUTHORIZE CHAIRMAN TO SIGN FORM RECEIVED FROM
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(DCA) VERIFYING THAT COLLIER COUNTY EXPENDED
Item #16A13
WAIVE FORMAL COMPETITION, AND SOLICIT PROPOSALS
FORAN IMPACT FEE STUDY TO UPDATE THE
CORRECTIONAL FACILITIES IMPACT FEE (ESTIMATED
Item #16A14
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND MICHAEL R., MARY A., AND GARY L.
GIONET, FOR THE SALE AND PURCHASE OF 1.77 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $1,360,580.00.
(PROPERTY LOCATED AT ADDISON ESTATES, CITY OF
MAR CO lSLANI4-LOIS-J , 2 & 1)
Item #16A15
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND GEORGE AND VIRGINIA C. VISNICH
FOR THE SALE AND PURCHASE OF 3.64 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $486,950.00. (PROPERTY
170
May 25, 2004
LOCATED ACROSS FROM VETERANS PARK ON THE SOUTH
SIDE OF IMMOKALEE ROAD NEXT TO THE COCOHATCHEE
RIYER )
Item #16B1
SECOND AMENDMENT TO WORK ORDER NUMBER HA-FT-
03-02 ASSIGNED TO PITMAN-HARTENSTEIN & ASSOCIATES
INC. TO INCLUDE ADDITIONAL DESIGN SERVICES FOR A
SECOND SEGMENT OF THE IMMOKALEE FIFTH STREET
DITCH PROJECT (PROJECT #51704) INCREASING THE
AMOUNT BY $62,240.00. (THE 600-FOOT SECTION IS
LOCATED ADJACENT TO THE IMMOKALEE APARTMENTS
Item #16B2
AWARD BID #04-3655, IN THE AMOUNT OF $907,201.90, TO
HANNULA LANDSCAPING, INC., FOR THE LIVINGSTON
ROAD (IMMOKALEE ROAD TO COLLIER COUNTY LINE)
MEDIAN LANDSCAPE IMPROVEMENT CONSTRUCTION
ERO.l.ECT
Item #16B3 - CONTINUED TO JUNE 8, 2004 BCC MEETING
AUTHORIZING THE ACQUISITION OF PROPERTY BY GIFT
OR PURCHASE FOR THE PURPOSE OF ASSEMBLING LAND
TO FACILITATE IMPROVEMENTS TO CANALS AND
PROPERTIES IN THE EAST NAPLES AREA SPECIFICALLY
LOCATED WITHIN THE LEL Y AREA STORMW A TER
171
May 25, 2004
Item #16B4
PURCHASE OF 5.109 ACRES OF LAND REQUIRED FORA
PERPETUAL NON-EXCLUSIVE, ROAD RIGHT-OF-WAY,
DRAINAGE AND UTILITY EASEMENT, A DRAINAGE
EASEMENT AND A 4.5 ACRE STORMW A TER RETENTION
AND TREATMENT POND FOR THE SANTABARBARA
BOULEVARD EXPANSION PROJECT, (NO. 62081), FROM
DAVIS BOULEVARD TO PINE RIDGE ROAD. (FISCAL
IMP ACc_$672, 10:') 00)
Item # 16B5
ACCEPT DONATION OF TEN ROYAL PALMS, VALUED AT
$60,000.00, FROM STOCK DEVELOPMENT FOR
LANDSCAPING ON LIVINGSTON ROAD. COUNTY WILL
COORDINATE THE RELOCATION AND INSTALLATION OF
THE PALM TREES. OF THE THREE QUOTES REQUESTED FOR
THE RELOCATION AND PLANTING OF THE MATERIAL,
GATOR LANDSCAPING WAS THE LOWEST RESPONSIVE BID
Item #16B6
AWARD BID NO. 04-3656 TO E. B. SIMMONDS ELECTRICAL,
INC. AND TO MID-CONTINENT ELECTRIC, INC. FOR
"INSTALLATION AND MAINTENANCE OF TRAFFIC
SIGNALS" THROUGHOUT COLLIER COUNTY AT AN
ESIIMAIED COSLOE$R90,000.00
Item #16B7 - CONTINUED INDEFINITELY
172
May 25, 2004
AWARD BID NO. 04-3651, IN THE AMOUNT OF $989,892.04, TO
HANNULA LANDSCAPING, INC. FOR THE LIVINGSTON
ROAD (RADIO ROAD - PINE RIDGE ROAD) MEDIAN
Item #16B8
PROFESSIONAL SERVICES AGREEMENT NO. 04-3587 WITH
AMERICAN CONSULTING ENGINEERS OF FLORIDA, LLC, IN
THE AMOUNT OF $833.297.00, FOR DESIGN SERVICES FOR
CAPACITY IMPROVEMENTS TO COUNTY BARN ROAD
(FROM RATTLESNAKE HAMMOCK ROAD TO DAVIS
Item #16B9
PURCHASE OF 2.96 ACRES OF LAND REQUIRED FOR A
STORMW ATER RETENTION AND TREATMENT POND FOR
THE SANTA BARBARA BOULEVARD EXPANSION PROJECT,
(NO. 62081) FROM DAVIS BOULEVARD TO PINE RIDGE
ROA IL.(EJSCA LlMP ACL$3J h,700 00)
Item #16B10
AWARD A CONTRACT, UNDER ITQ 04-3583 "CONSTRUCTION
ENGINEERING AND INSPECTION (CEI) SERVICES FOR
COLLIER COUNTY ROAD PROJECTS" IN THE AMOUNT OF
$248,408.56, TO HDR CONSTRUCTION CONTROL CORP. FOR
~O ó906R "1 ~TH" STR.E.EJ SW
Item #16C1
173
May 25, 2004
AWARD THE CAPACITY, MAINTENANCE, OPERATIONS,
AND MANAGEMENT (CMOM) AND STAFF OPTIMIZATION
ASSESSMENT CONTRACT TO RJN GROUP TO COMPLY WITH
ANTICIPATED EPA REQUIREMENTS WITH REGARD TO THE
SANITARY SEWER OVERFLOW (SSO) RULE (PROJECT 72517)
Item #16C2
SETTLEMENT AGREEMENT BETWEEN TBE GROUP, INC.,
SPRINT COMMUNICATIONS, INC., COLLIER COUNTY,
FLORIDA AND FLORIDA DEPARTMENT OF
TRANSPORTATION, AS TO FIN PROJECT #195378-1-52-01 &
195380-1-52-01, CONTRACT #20534, US41, COLLIER COUNTY,
FLORIDA. (FOR DIFFICULTIES OCCURRED IN THE
WIDENING OF US 41 FROM GULF PARK DRIVE TO CR 887,
Item #16D1
INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR
FUND SHARING IN THE AMOUNT OF $300,000.00 FOR THE
NORRIS COMMUNITY CENTER PROJECT AT CAMBIER
£ARK
Item #16D2
BUDGET AMENDMENT APPROPRIATING $126,469.00 FROM
EMERGENCY MEDICAL SERVICES FUND 490 RESERVES TO
COVER UNANTICIPATED REIMBURSEMENT TO FIRST
COAST SERVICE OPTIONS FOR OVERPAYMENT OF FLORIDA
.MEIlI.C.ARRCLAS
174
May 25, 2004
Item #16D3
LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR
CHAMBER OF COMMERCE, INC., APPROVING USE OF
SPECIFIED COUNTY-OWNED PROPERTY (SUGDEN PARK)
FOR CONDUCTING A JULY 4TH FIREWORKS FESTIVAL TO
PROVIDE A MEANS FOR THE COLLIER COUNTY
COMMUNITY TO RECOGNIZE AND CELEBRATE THE
Item #16D4
MASTER AGREEMENT BETWEEN COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC., D/B/A SENIOR
SOLUTIONS OF SOUTHWEST FLORIDA, TO PROVIDE GRANT
,
Item #16D5
REQUEST FOR A FLORIDA CLEAN VESSEL ACT GRANT FOR
PUMP OUT STATIONS AT CAXAMBAS PARK AND
COCOHATCHEE RIVER PARK TO PROMOTE RECREATIONAL
BOATING AND ENVIRONMENTAL STEWARDSHIP THROUGH
Item #16D6
RENTAL OF TRUCKS FROM ENTERPRISE RENT -A-CAR FOR
COST-EFFECTIVE AND RELIABLE TRANSPORTATION OF
175
May 25, 2004
SUMMER FOOD DELIVERY TO RECREATION AND SCHOOL
SITES UNDER THE SUMMER FOOD GRANT PROGRAM
.(ESIIMAIE.D COS Lo.E..$~:), 000 00)
Item #16D7
MEMORANDUM OF AGREEMENT WITH THE DISTRICT
SCHOOL BOARD OF COLLIER COUNTY FOR USE OF SCHOOL
CAFETERIAS IN CONJUNCTIONS WITH THE SUMMER FOOD
SERVICE PROGRAM TO PROVIDE FREE NUTRITIOUS
LUNCHES DURING THE SUMMER MONTHS TO CHILDREN IN
Item #16E1
A CONVEYANCE OF EASEMENT TO FLORIDA POWER &
LIGHT COMPANY TO PROVIDE ELECTRIC SERVICE TO THE
NAPLES JAIL CENTER ADDITION LOCATED ON THE MAIN
GOVERNMENT CAMPUS NORTH OF AND ADJACENT TO THE
EXISTING JAIL STRUCTURE. PROJECT NUMBER 520081
(NOI..TIlFXCE.EIl.$J :) 00)
Item # 16E2
AMENDMENT NO.4, PHASE 3 OF CONTRACT #00-3173 WITH
SPILLIS CANDELA DMJM TO PROVIDE CONSTRUCTION
ADMINISTRATION SERVICES FOR FLOORS 1-3 OF THE
Item #16E3
ADDITIONS TO, DELETIONS FROM AND MODIFICATIONS OF
176
May 25, 2004
CERTAIN CLASSIFICATIONS RESULTING FROM
ORGANIZATIONAL REALIGNMENTS AND NEW EMPLOYEE
ASSIGNMENTS THAT HAVE OCCURRED SINCE THE 2004
FISCAL YEAR PAY AND CLASSIFICATION PLAN WAS
AEEROVED
Item # 16E4
AUTHORIZATION FOR STAFF TO UTILIZE WESTERN STATE
CONTRACTING ALLIANCE (WSCA) CONTRACTS FOR THE
ACQUISITION OF COMPUTER, NETWORK AND
TELECOMMUNICATIONS RELATED HARDWARE AND
SOFTWARE IN EXCESS OF $25,000.00 FOR A PERIOD OF
THREE (3) YEARS. WSCA CONTRACTS REPRESENT
NEGOTIATED PRICES AND MEET THE COMPETITIVE BID
CRITERIA OF THE COUNTY. THIS OPTION WILL BE USED
ON AN AS-NEEDED BASIS TO STANDARDIZE AS MUCH OF
Item #16E5
FIRST AMENDMENT TO LICENSE AGREEMENT WITH
AMERICAN TOWER, L.P. IN ORDER TO INSTALL
ADDITIONAL EQUIPMENT ON A COMMUNICATIONS TOWER
LOCATED AT 13240 IMMOKALEE ROAD, SERVICING THE
CORKSCREW AREA, FOR AN ADDITIONAL ANNUAL
RENIAL.EEE..OE.$1, 600.00
Item #16E6
CITY OF NAPLES AIRPORT AUTHORITY LEASEHOLD
AGREEMENT (LEASE) FOR VACANT LAND AT NAPLES
177
May 25, 2004
AIRPORT FOR CONSTRUCTION OF A FACILITY FOR THE
SHERIFF'S OFFICE SPECIAL OPERATIONS DIVISION. (LEASE
Item #16E7
REPORT AND RATIFICATION OF PROPERTY, CASUALTY,
WORKERS' COMPENSATION AND SUBROGATION CLAIMS
SETTLED UNDER THE AUTHORITY OF THE RISK
MANAGEMENT DIRECTOR DURING THE PERIOD OF
JANUARY 1,2004 THROUGH MARCH 31, 2004 PURSUANT TO
RFSO LllIJ1ThI 2004.::.] 5
Item #16F1
AN EMERGENCY/DISASTER RELIEF MARKETING BUDGET
PLAN WITH PARADISE ADVERTISING, FOR ADVERTISING
AND WEB SITE INFORMATION, TO INCREASE VISITATION
TO COLLIER COUNTY AFTER AN EMERGENCY, DISASTER
OR SERIOUS SLOWDOWN IN TOURISM. FUNDS UP TO
$300,000,TO BE IMPLEMENTED, IF NEEDED, ONLY AFTER
CAREFUL CONSIDERATION BY STAFF AND APPROVAL OF
IHR COillITYMANAGER
Item # 16F2
BUDGET AMENDMENT #04-260 FOR FUNDS NEEDED FOR
APPRAISAL AND INSPECTION SERVICES FOR THE ARTHREX
ßI.IILI)lli G
Item #16G 1
178
May 25, 2004
BUDGET AMENDMENT TO RETURN UNSPENT FUNDS FROM
THE AIRPORT AUTHORITY CAPITAL FUND (496) TO THE
ROAD CON.SIRl.ICIION-GAS El.1ND (~1 ~)
Item #16H1
PROCLAMATION DESIGNATING THE WEEK OF JUNE 2ND
THROUGH JUNE 8TH, 2004 AS JEWISH WAR VETERANS'
WEEK
Item #16H2
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT, IN THE AMOUNT OF $50.00, FOR
ATTENDING THE GRADUATION CEREMONIES OF THE
LEADERSHIP COLLIER CLASS OF 2004, AT THE NAPLES
BEACH HOTEL AND GOLF CLUB, ON MAY 13, 2004, FOR
REPRESENTING THE COUNTY IN RECOGNIZING THESE
Item #16H3
COMMISSIONER HALAS' REQUEST FOR PAYMENT, IN THE
AMOUNT OF $35.00, TO ATTEND A FUNCTION SERVING A
VALID PUBLIC PURPOSE AT THE SOUTHWEST FLORIDA
TRANSPORTATION INITIATIVE (SWFTI) POST-SESSION
LEGISLATIVE FORUM ON JUNE 2, 2004, AT THE SHADOW
WOOD COUNIRY CLI.IR-BONITA SER.I1SGS
Item #16H4
COMMISSIONER HALAS' REQUEST FOR PAYMENT, IN THE
179
May 25, 2004
AMOUNT OF $36.00, TO ATTEND THE GULF CITRUS
GROWERS ASSOCIATION ANNUAL MEETING AT THE
SANIBEL HARBOUR RESORT, FT. MYERS, ON JUNE 2, 2004,
TO INTERACT WITH MEMBERS OF THE CITRUS INDUSTRY
Item#16H5 - WITHDRAWN
COMMISSIONER HALAS' REQUEST FOR PAYMENT, IN THE
AMOUNT OF $35.00, TO ATTEND ED PERICO'S RETIREMENT
PARTY ON JUNE 5,2004 AT THE ITALIAN AMERICAN CLUB
Item #161
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REEERRED
180
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 25, 2004
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 January 31. 2004 through February 6. 2004.
2. Disbursements for February 7. 2004 through February 13.'2004
3. Disbursements for February 14.2004 through February 20.2004.
4. Disbursements for February 21. 2004 through February 27.2004.
5. Disbursements for February 28. 2004 through March 5. 2004.
6. Disbursements for March 6.2004 through March 12.2004.
7. Disbursements for March 13.2004 through March 19.2004.
8. Disbursements for March 20. 2004 through March 26. 2004.
9. Disbursements for March 27.2004 through April 2. 2004.
10. Disbursements for April 3. 2004 through April 9. 2004.
11. Disbursements for April 10. 2004 through April 16. 2004.
12. Disbursements for April 17. 2004 through April 23. 2004.
13. Disbursements for April 24. 2004 through April 30.2004.
B. Minutes:
1. Environmental Advisory Council- Agenda for May 5, 2004; Minutes of
April 7, 2004
2. Collier County Planning Commission - Agenda for May 6, 2004; Minutes
of April I, 2004.
3. Community Character/Smart Growth Advisory Committee - Agenda for
January 14,2004, February 25, 2004, March 10,2004, March 26,2004
and April 7,2004. Minutes for January 14,2004, February 25,2004,
March 10,2004, March 26, 2004 and April 7, 2004.
4. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for
May 19,2004, Minutes of April 21, 2004
5. Radio Road Beautification M.S.T.U. - Agenda for May 18,2004 and
June 10, 2004; Minutes of April 20, 2004.
6. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for Special
Meeting May 5, 2004; Minutes of April 8, 2004.
7. Pelican Bay Services Division - Agenda for May 5, 2004. Clam Bay Sub-
Committee Reports and Budget Sub Committee Reports; Proposed Budget
Fiscal Year 2005.
a) Clam Bay Sub-Committee - Agenda for April 28, 2004; Minutes
of March 3, 2004
8. Bayshore Beautification M.S.T.U. -_ Agenda for May 12,2004; Minutes
of April 14, 2004.
9. Development Services Advisory Sub-Committee - Budget and Operations
Agenda for April 14, 2004; March 10, 2004.
10. Vanderbilt Beach M.S.T.U. - Agenda for May 6,2004; Minutes of April
1, 2004.
11. Collier County Hispanic Affairs Advisory Board - Agenda for January 22,
2004; February 26, 2004; Minutes of January 22, 2004 and February 26,
2004.
12. Collier County Hispanic Affairs Advisory Board joint meeting with Black
Affairs Advisory Board - Minutes of August 28, 2003 and Minutes of
June 26, 2004. Voting Conflict for County, Municipal and Other Local
Public Officers filed by Carlos Aviles.
13. Productivity Committee Meeting - Minutes of March 17, 2004
May 25, 2004
Item #16Jl
RESOLUTION 2004-176: PROVIDING FOR THE IMPOSITION
AND COLLECTION OF A LOCAL OPTION FEE FOR
PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE
Item #16J2
ENDORSEMENT OF THE CLERK OF THE CIRCUIT COURT'S
OFFICE GRANT APPLICATION FOR FUNDING FROM THE
STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW
ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM.
THE GRANT IS FOR THE DEVELOPMENT OF A CRIMINAL
INFORMATION SYSTEM THAT WILL ACCEPT, PROCESS,
EXPORT, AND REPORT FDLE ELECTRONIC INFORMATION
ON A DAILY BASIS INCLUDING CRITICAL BIOMETRIC
Item #16J3
DETERMINATION THAT THE PURCHASES OF GOODS AND
SERVICES FROM MAY 1,2004 THROUGH MAY 14,2004
SERVE A VALID PUBLIC PURPOSE AND AUTHORIZING THE
EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID
PURCHASES. THIS REPORT IS AVAILABLE FOR INSPECTION
Item #16Kl
OFFERS OF JUDGMENT FOR THE CONDEMNATION OF
181
May 25, 2004
PARCELS 119, 121,821,921, 128 AND 728 IN THE GOLDEN
GATE P ARKW A Y PROJECT (LIVINGSTON ROAD TO SANTA
BARBARA BOULEVARD #60027). OFFER TO RESPONDENT
ROBERT J. DERR (PARCEL 119, 121,821, & 921) $55,7480.00
AND TO RESPONDENTS TERRY AND DEBORAH LICKLITER
(E.ARCELS.J 2R & 72R) $J R,OOO.OO
Item #16K2
OFFER OF JUDGMENT TO RESPONDENT, NELLIE
WHITEHURST, IN THE AMOUNT OF $30,000.00, AS FULL
COMPENSATION, EXCEPTING ATTORNEY'S FEES AND
COSTS, FOR THE FEE SIMPLE ACQUISITION ARISING OUT
OF THE CONDEMNATION OF PARCEL NO. 153 IN COLLIER
COUNTY V. JOHN FRANK SUDAL, ET AL., CASE NO. 02-5168-
Item #16K3
AGREED ORDER AND PAYMENT OF EXPERT FEES AND
COSTS FOR PARCELS 159 AND 160 IN THE LAWSUIT STYLED
COLLIER COUNTY V. ANTHONY DINORCIA, JR., ET AL., CASE
NO. 04-0031-CA (VANDERBILT BEACH ROAD PROJECT
#63051. PAYMENT OF $1,935.50 TO THE GAYLORD MERLIN
LUDOVICI DIAZ & BAIN TRUST ACCOUNT ON BEHALF OF
IlIE..EROEE1ITy OWNER
Item #16K4
AGREED ORDER AND PAYMENT OF APPRAISAL FEE AND
ENGINEERING FEES FOR PARCELS 100, 101 AND 700 IN THE
LAWSUIT STYLED COLLIER COUNTY V. FAITH BIBLE
182
May 25, 2004
CHURCH OF NAPLES, INC., ET AL., CASE NO. 99-2165-CA
IMMOKALEE ROAD PROJECT #69101. PAYMENT OF $9,600.00
TO THE EARLE & PATCHEN TRUST ACCOUNT ON BEHALF
OE..IHE..E.ROEEy OWNER
Item #16K5
AGREED ORDER AND PAYMENT OF ENGINEERING FEES
FOR PARCEL 129 IN THE LAWSUIT STYLED COLLIER
COUNTY V. JAMES R. COLOSIMO, TRUSTEE, ET AL., CASE NO.
00-0138-CA, PINE RIDGE ROAD PROJECT #60111. SUM OF
$1,000.00 TO RUDEN MCCLOSKEY SMITH SCHUSTER &
RUSSELL TRUST ACCOUNT ON BEHALF OF THE PROPERTY
OWNERS
Item #16K6
OFFER OF JUDGMENT TO RESPONDENT H.A. STREET, IN
THE AMOUNT OF $12,000.00, FOR UNDIVIDED ONE-HALF
INTEREST IN PARCEL NO. 159A IN THE LAWSUIT STYLED
COLLIER COUNTY V. HA. STREET, ET AL., CASE NO. 03-2873-
Item #17 A - MOVED TO ITEM #8D
Item #17B
RESOLUTION 2004-177: FOR PETITION A VROW2004-AR5715
TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S
AND THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE ALLEY
IN BLOCK A, ACCORDING TO THE PLAT OF "IMMOKALEE,
FLORIDA", AS RECORDED IN PLAT BOOK 1, PAGE 60,
183
May 25, 2004
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29
EAST. (FOR PROPOSED CONSTRUCTION OF THE PACE
CENIEREORflIRJ ,S)
Item #17C
ORDINANCE 2004-32: PUDZ-2003-AR-4575, ROBERT L.
DUANE, AICP, OF HOLE MONTES, INC., REPRESENTING
BENDERSON DEVELOPMENT COMPANY, INC., REQUESTING
A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE
BOSLEY PUD FOR A MAXIMUM OF 303 MULTI-FAMILY
AFFORDABLE HOUSING DWELLING UNITS FOR PROPERTY
LOCATED APPROXIMATELY ONE-QUARTER MILE SOUTH
OF INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
CONS.I.S.I.lli G OF 20 21 A CRRS
Item #17D
RESOLUTION 2004-178 CU-2003-AR-4249, MARK PERRY,
REPRESENTING KENMARK CONSTRUCTION, INC.,
REQUESTS CONDITIONAL USE #9 OF THE ESTATES ZONING
DISTRICT FOR THE PURPOSE OF A MODEL HOME SALES
CENTER. THE PROPERTY TO BE CONSIDERED FOR THE
CONDITIONAL USE IS LOCATED AT 1010 39TH STREET S.W.
BEING LOCATED JUST EAST OF COLLIER BOULEVARD
APPROXIMATELY 1,300 FEET SOUTH OF THE WHITE
BOULEVARD AND 39TH STREET INTERSECTION. THIS
ERQEERTY CONSlS.TS OF 2 R~ ACRES
184
May 25, 2004
Item #17E
ORDINANCE 2004-33: RZ-2003-AR-4937, TERRY KEPPLE, OF
KEPPLE ENGINEERING, INC., REPRESENTING COMMUNITY
SCHOOL OF NAPLES, INC., REQUESTING A REZONE FROM
"A" RURAL AGRICULTURAL TO "CF" COMMUNITY
FACILITY FOR A 29.2 ACRE TRACT OF LAND TO ALLOW
FOR THE EXPANSION OF THE EXISTING SCHOOL
FACILITIES LOCATED TO THE SOUTH OF THIS PROPERTY.
THE PROPERTY IS LOCATED ON THE WEST SIDE OF
LIVINGSTON ROAD, APPROXIMATELY 1j MILE NORTH OF
PINE RIDGE ROAD, IN SECTION 12, TOWNSHIP 49 SOUTH,
RANGE 2:') EAST
Item #17F
RESOLUTION 2004-179: EXPANDING THE BOUNDARIES OF
THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA.
EXPANSION TO THE REDEVELOPMENT AREA IS IN THE
INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS OR
WELFARE OF THE RESIDENTS OF COLLIER COUNTY,
ELORIDA
Item #17G
RESOLUTION 2004-180: AMENDING THE IMMOKALEE
REDEVELOPMENT AREA PLAN AS NECESSARY TO ALLOW
FOR ADDITIONAL RESIDENTIAL AND ECONOMIC
illC.ENIIYE..ER OGRAMS
*****
There being no further business for the good of the County, the
185
May 25, 2004
meeting was adjourned by order of the Chair at 3:37 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~~ ~A-Æ~
DONNA IALA, Chairman
ATTEST' ,,:.,:).:~""
.".... .}... :~:.¡¡iJ".I':: '¡;Æ
DWIGHT~:È·;/í3.RÓ·~·~_CLERK
~ ~l'~}
: .'~ ."" ,: ,,; f 1X!..
',~ """ .,' . ,> ,,..I
~(,/r' ........ ,(',' "
'. . (,:tI' \~ t.' t~\\j¡'" ,,'
\)J:H·.e~ ,.'
These minutes approved by the Board on :ILl) E ~. J.D04 , as
presented v or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC. BY TERRI LEWIS AND CHERIE
NOTTINGHAM
186