BCC Minutes 04/12/2005 R
April 12, 2005
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 12, 2005
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:
Fred W. Coyle
Frank Halas
Tom Henning (Via speakerphone)
Donna Fiala
Jim Coletta
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Derek J ohnssen, Office of the Clerk of Courts
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
April 12, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
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 VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
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April 12, 2005
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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
T AMIAMI 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 David Mallory, First Assembly of God
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
B. March 8,2005 - BCC/Regular Meeting
C. March 9,2005 - BCC/District 4 Town Hall Meeting
D. March 23, 2005 - BCC/District I Town Hall Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1. Presentation of the Advisory Committee Outstanding Member Award
to Carol Wright, Vanderbilt Beach Beautification MSTU Advisory
Committee.
2. Advisory Committee Service Awards
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April 12, 2005
4. PROCLAMATIONS
A. Proclamation to recognize the month of April as Child Abuse and
Neglect month. To be accepted by Jacqueline Griffith Stephens, M.A.,
Executive Director.
B. Proclamation to designate the week of April 10 through April 16, 2005 to
honor Crime Victims. To be accepted by Sergeant Cathy Lambert of the
Collier County Sheriffs Office, Beth Knake, Project Help, and Kathy
Hermann, Shelter for Abused Women.
C. Proclamation to designate the week of April 10th, 2005 as Art Appreciation
Week. To be accepted by Elaine Hamilton, Executive Director of the United
Arts Council.
D. Proclamation to recognize the month of April as Fair Housing Month. To be
accepted by Candance Tapscott and Jeff Cecil from Housing and Urban
Development.
E. Proclamation to designate April 20, 2005 as Distinguished Public Services
Awards Day. To be accepted by Jill Rapps, Ciccarelli Advisory Services,
and Tom Wagor of Fifth Third Bank.
F. Proclamation to designate April 12, 2005 as Mrs. Leila Canant Day. To be
accepted by Mrs. Canant.
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the March 22. 2005 BCC Meetinf!.
Recommendation to Approve an Ordinance Amending Ordinance No. 92-60
Relating to Tourist Development Taxes, as Amended, to expand the use of
Category C-2 uses to include Municipal Owned Museums; to change the
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April 12, 2005
percentages of C-l & C-2 uses and to enable the use of surplus Tourist Tax
Funds for additional promotion.
B. This item to be heard at 10:00 a.m. This petition requires that all
participants be sworn in and ex parte disclosure be provided bv
Commission members. Petition: PUDA-2004-AR-6786 Vanderbilt Partners
II, LLC, represented by Richard Y ovanovich, of Goodlette, Coleman &
Johnson, P.A., requesting to amend the Cocohatchee Bay PUD document for
the limited purpose of amending the Bald Eagle Management Plan and
related references in the PUD document. The subject property, consisting of
532 acres, is located in Sections 8, 16, 17 & 20, Township 48 South, Range
25 East, Collier County, Florida.
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2003-AR-4493,
Santa Barbara Landings PUD, requesting a rezone from Residential
Multiple-Family-6 (RMF-6) to Residential Planned Unit Development
(RPUD) to be known as the Santa Barbara Landings PUD for property
located at the southeast comer of Radio Road and Santa Barbara Boulevard,
in Section 4, Township 50 South, Range 26 East, Collier County, Florida.
D. Recommendation to approve the Fiscal Year 2005-2006 Collier County
Consolidated Plan One- Year Action Plan for $3,524,802 for Community
Development Block Grant (CDBG), Home Investment Partnerships
(HOME) and Emergency Shelter Grant (ESG) programs, authorize required
HUD certifications, approve execution of sub-recipient agreements by
Community Development and Environmental Services (CDES) Division
Administrator, and submit to the United States Department of Housing and
Urban Development (HUD).
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the County Government Productivity
Committee.
B. Appointment of member to the Lely Golf Estates Beautification Advisory
Committee.
C. Appointment of members to the Radio Road Beautification Advisory
Committee.
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April 12, 2005
D. Appointment of member to the Environmental Advisory Council.
E. Commissioner Coyle requesting Board approval to send a letter of support to
the Naples Airport Authority for their effort to secure federal assistance
under the Small Community Air Service Development Program.
F. Consider a request from Kathy Prosser, President and CEO of Conservancy
of Southwest Florida, to appoint a Board of County Commissioner to the
Caribbean Gardens Blue Ribbon Committee. (Commissioner Coyle)
10. COUNTY MANAGER'S REPORT
A. This item has been continued from the March 22. 2005 BCC Meetinf!.
Recommendation to approve Resolution 2005-_ creating the Habitat
Conservation Plan Advisory Committee. (Joseph K. Schmitt, Administrator,
Community Development)
B. Recommendation to adopt a resolution authorizing the acquisition by
condemnation, if necessary, of perpetual, non-exclusive road right-of-way,
drainage and utility easements, and a temporary construction easement,
which will be required for the construction of roadway, drainage and utility
improvements for the Golden Gate Parkway / Airport-Pulling Road Grade
Separated Overpass - Project No. 60006. (Fiscal Impact: $366,200) (Norman
Feder, Administrator, Transportation Services)
C. Recommendation to approve Phase Two of a contract for RFP-04-3629
"Consultant Services for the Public Involvement Element of the
Metropolitan Planning Organization Long-Range Transportation Plan 2030
Update" in the total amount of$180,153.63. The Long-Range
Transportation Plan Update is available for review in the County Manager's
Office, 2nd Floor, W. Harmon Turner Building, 330 I East Tamiami Trail,
Naples, FL.(Norman Feder, Administrator, Transportation Services)
D. Recommendation that the Board of County Commissioners accept the
Tigertail Beach Park Boardwalk Feasibility Study and direct staff to pursue
an alternate plan of a pedestrian dune crossover and restroom facility. The
Tigertail Beach Park Boardwalk Feasibility Study is available for review in
the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301
East Tamiami Trail, Naples, FL. (Marla Ramsey, Administrator, Public
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April 12, 2005
Services)
E. To resolve the Sheriffs FY05 budget appeal by providing the Sheriffhis fair
share of the funds from recent reimbursements from FEMA and the
Department of Juvenile Justice for Sheriff operations in FY05. (Mike
Smykowski, Director, Office of Management and Budget)
F. Recommendation to approve, and authorize the Chairman to sign: (1) an
Interlocal Agreement with The Board of Supervisors of the Ave Maria
Stewardship Community District, whereby Collier County agrees to reserve
to the District sufficient capacity on Collier County's road public facilities to
complete the build-out of the Town of Ave Maria, and (2) a Developer
Contribution Agreement with Ave Maria Development LLLP, wherein the
County has agreed to accelerate the widening of Oil Well Road from
Immokalee Road to Camp Keais Road, in exchange for the donation of an
estimated $7,500,000 in right of way and other substantial considerations.
The executive summary and agreements will be distributed separately from
the agenda packet prior to the Board meeting.
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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. Recommendation to approve Petition A VESMT2004-AR6248 to
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April 12, 2005
disclaim, renounce and vacate the County's and the Public's interest
in a portion of the Lake Drainage Easement conveyed to Collier
County by separate instrument and recorded in Official Record Book
2473, Pages 1510 through 1604, Public Records of Collier County,
Florida, located within the Cypress Woods Golf and Country Club
development in Section 18, Township 48 South, Range 26 East,
Collier County, Florida.
2. Recommendation to approve the submittal of the attached grant
funding request in the amount of $70,000 to the Big Cypress Basin so
that the Conservation Collier Program may contract for administrative
help in order to identify willing sellers and make periodic status
reports in the Winchester Head Multi-parcel Acquisition Project.
3. Recommendation to approve a Vegetation Removal and Site Filling
Permit for Satumia Falls (Terafina PUD), for an area not to exceed
approximately 254 acres located in Section 16, Township 48 South,
Range 26 East, subject to: I. County staff administratively
determining LDC compliance for identified administrative approval
criteria of such permits, and 2. prior issuance of all other required
agency permits.
4. Recommendation to approve for recording the final plat of "Bristol
Pines Phase I", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
5. Recommendation to approve one (I) impact fee reimbursement
requested by Interplan LLC on behalf of Staples, Incorporated,
totaling $201,983.92, due to building permit expiration and
subsequent cancellation.
6. Recommendation to approve the Release and Satisfaction of Lien for
the following cases: Rene Bravo 04-09200-COA; Robert D. Bidlack
2003-045; Keith T. Heckman 2003-058; Keith T. Heckman 2003-059;
Eligio & Manuela Santos 2004110618 and 2004110884; Lynda
Pasqua S.O 140565; Wesner & Gabrielle Moise 2003-053; Brad &
Phyllis Estes 2004-042; Ponce Realty Company 2003-042; George &
Sandra Parsons 2004-025; Keith T. Heckman 2004-074; Benigno &
Maria Lopez & Roderick H. Hilgeman 2002-031; Tsalach
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April 12, 2005
Investments 2003-438; MAC Builders, Inc. 2005-54 and 2005-55;
Julio Dominguez 2001-214 and 2001-221; Lloyd G. Sheehan 2001-
321; Guy E. & Diane J. Baur 2003-284; Guy E. & Diane J. Baur
2002-61; Hamilton Bay Development, LLC 2004-129; Michael &
Judith Austin 2004060620 and 2004060649; William Bell S.O
140578; Eh & Catherine Pretschold 2004-272; David Redding 2005-
19; Family Storage 2003-283; Golden Florida Resort, Inc. 2005-07;
James & Rachel Caruana 2005-05; Margarita Munoz 2004-267;
Patrascu Ruset S.O 140592.
7. Recommendation to approve a resolution supporting the preservation
of the Community Development Block Grant (CDBG) program
funding within the United States Department of Housing & Urban
Development (HUD).
8. Budget Amendment - Prior year reimbursements
9. Recommendation to adopt a Resolution opposing enactment into law
of specified clauses of proposed Senate Bill 7048 providing for a local
option real estate transfer surtax on deeds and related limits and
restrictions on impact fee rates that, if enacted, will have a detrimental
effect on the County's ability to provide necessary and required
growth-related capital improvements.
B. TRANSPORTATION SERVICES
1. Recommendation to Approve Selection of Qualified Firm and Award
a Contract Under ITN 05-3583 "CEI Services for Collier County
Road Projects"
2. Recommendation to purchase I 0.6 acres of land at the intersection of
Collier Boulevard and Golden Gate Boulevard.
3. Recommendation to approve the purchase of Parcel Nos. 119, 719 and
719A required for the construction of the six-laning of Collier
Boulevard (CR 951) from Golden Gate Boulevard to Immokalee
Road. (Project No. 65061, Capital Improvement Element No. 37).
Fiscal Impact: $20 I ,500.00.
4. Recommendation to approve Change Order No.2 to Contract #04-
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April 12, 2005
3654 with Vila and Son Landscaping, for Livingston Road (Pine
Ridge Road to Vanderbilt Beach Road) Landscape Beautification in
the amount of $82,382.36.
5. Recommendation to approve a reimbursement to the State of Florida
for overpayment of Fuel Taxes with associated interest and penalties
for the months of August, September and October 2004 in the amount
$12,699.32.
6. Recommendation to approve the piggybacking of the City of West
Palm Beach contract to purchase laid in place Polymer Modified Cold
Mix Paving (Micro-Surfacing) for Road and Bridge Maintenance
amount estimated to be $1, I 00,000.
7. Recommendation to approve an Interlocal Agreement with The
School District of Collier County, Florida, whereby Collier County
agrees to fund one half of the total design and construction costs, not
to exceed $1.3 million, for a vehicular bridge linking Tropicana
Boulevard to Golden Gate High School, and allocate $200,000 of
reserved funds for traffic calming and turn-lane improvements in
Golden Gate City.
8. Recommendation to approve Bid #05-3793, Immokalee Phase 2-B
Sidewalk Installation and Refurbishment in the amount of
$279,921.90 to Douglas N. Higgins, Inc. including a five (5) percent
Contingency. The sidewalk segments will be connecting to S.R.29
between First Street and Ninth Street.
9. Recommendation to adopt a resolution to urge the Florida Department
of Transportation to make the necessary maintenance repairs
consistent with the recent Bridge Inspection Reports on the S.S. Judge
Jolley Bridge over Big Marco Pass and the presentation made at the
March MPO meeting.
C. PUBLIC UTILITIES
1. Recommendation to approve, execute and record Satisfactions for
certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal
impact is $28.50 to record the Satisfactions of Lien.
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April 12, 2005
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2. Recommendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal
impact is $10.00 to record the Satisfaction of Lien.
3. Recommendation to approve the Satisfactions of Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $38.50
to record the Satisfactions of Lien.
4. Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the county has
received payment and said Lien is satisfied in full for the 1991 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record Satisfaction of Lien.
5. Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1994 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
6. Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1995 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
7. Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1996
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
8. Recommendation to approve the acquisition of a 40-foot by 50-foot
Utility Easement near the southwest comer of Wilson Boulevard and
18th Avenue NW for a public water supply well site at a total cost not
to exceed $7,425, Project Number 701582.
9. Recommendation to approve the sole source purchase of cartridge
filters from the George S. Edwards Company in the estimated amount
of $266,000.
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April 12, 2005
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10. Recommendation to award Bid Number 05-3757 for the furnishing
and delivery of membrane softening elements to GE Osmonics in the
amount of$891,000.
11. Recommendation to reject both bids received for the North County
Regional Water Treatment Plant (NCRWTP) Generator Switchgear
Upgrades project, Project 70069, resulting in no costs incurred.
12. Recommendation to approve and execute the attached Real Estate
Sales Agreement for the sale of 2.05 acres to The Glades Country
Club Apartment Association, Inc. for a net revenue of $228, 121.
13. Recommendation to award Bid Number 05-3791 for underground
utility supplies to Ferguson Underground Supplies.
14. Recommendation to approve Payment and Release Agreement
(Agreement) with WCI Communities, Inc. and Tiburon Golf Ventures
Limited Partnership (collectively "Owner") for damages incurred
during the construction of the reclaimed water main along Vanderbilt
Beach Road, at a cost not to exceed $37,077, Project Number 74034.
15. Recommendation to make a conditional award of Bid #05-3756 to
Mitchell & Stark Construction Company for the North County
Regional Water Treatment Plant (NCRWTP) Lower Hawthorn Wells
18N, 19N, and 20N Pumping and Transmission Facilities, in the
amount of $5, 156,000.00, subject to the Florida Department of
Environmental Protection's (FDEP) approval, authorization to incur
costs, and authorization for the Board to execute the subject
construction contract as required by provisions of the low interest rate
State Revolving Fund (SRF) Loan program which will fund this
contract, Project Number 71006.
16. Recommendation to approve Work Orders UC-092 in the amount of
$597,000 and UC-093 in the amount of $397,000 to Douglas N.
Higgins Incorporated for the North County Regional Water Treatment
Plant (NCRWTP) Mid-Hawthorn Wells, Project Number 71006.
17. Recommendation to authorize the approval of Work Orders UC-094
and UC-096 under RFP 04-3535, Underground Utility Contracting
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April 12, 2005
Services, and to authorize the purchase of sole-source equipment, for
specific rehabilitation projects in the amount not to exceed of
$462,208 for the North County Water Reclamation Facility
Rehabilitation, Project 725321.
18. Recommendation to approve work Order HS-FT-05-03 under 00-3119
- Fixed Term Professional Utilities Engineering Services to Hazen
and Sawyer in the amount of $140,270 for Engineering Services for
the design of Lime Softening Reactor No.1, Project 71023.
19. Recommendation to approve the after-the-fact submittal of two
Alternative Water Supply Grant Applications to the South Florida
Water Management District for the construction of the North County
Regional Water Treatment Plant (NCRWTP) Mid Hawthorn Zone 1
Reverse Osmosis (RO) Well Nos. 101, 102, 114, 115, and 116 in the
amount of$I,397,000, Project 71011.
20. Recommendation to accept two grant agreements for Regional
Irrigation Distribution Systems (RIDS) Projects from the South
Florida Water Management District in the amount of $200,000.
21. Recommendation to approve the Selection Committee's decision and
award a Professional Services Agreement to McKim & Creed, P .A.
for Design Engineering Services related to the Reuse System
Telemetry/SCADA Wide Area Network, RFP 05-3789, in the amount
of $199,054, Project 740332.
22. Recommendation to approve an amendment of the South County
Regional Water Treatment Plant 8 MGD Reverse Osmosis
(SCRWTP) construction contract to extend the final project
completion date from May 1, 2005 until no later than August I, 2005.
23. Recommendation to approve the after-the-fact submittal of an
Alternative Water Supply Grant Application to the South Florida
Water Management District for the Collier County Manatee Road
Aquifer Storage and Recovery Expansion project in the amount of
$1,739,747, Project 70157.
D. PUBLIC SERVICES
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April 12, 2005
1. Recommendation that the Board of County Commissioners authorize
the Public Services Administrator to sign the annual application for
funding from the United Way, through the 4H Foundation.
2. Recommendation to award RFP No. 05-3763 "Signage for Collier
County" to Lykins-Signtek, Inc. with an anticipated annual
expenditure of $25,000.
3. Recommendation to award Bid No. 05-3782 "East Naples Community
Center Expansion" to Bradanna, Inc. in the amount of $747,800
4. Recommendation to approve and execute a lease with Randall
Benderson and David H. Baldauf, Trustees, for office space in
Parkway Plaza, Golden Gate City, for the Health Department's
Women, Infants and Childrens' (WIC) program, at an approximate
first year cost of $39,870.
5. Recommendation to award Work Order #PBS-02-45 in the amount of
$149,250 to Professional Building Systems and approve a TDC
Category "A" Supplemental Grant Application in the amount of
$48,250 for the renovation of Vanderbilt Beach Access #7
E. ADMINISTRATIVE SERVICES
1. Recommendation that the Board of County Commissioners approves
the donation of this surplus ambulance to Glory Bound, Inc.
2. Recommendation to ratify additions to, modifications to and deletions
from the 2005 Fiscal Year Pay and Classification Plan made from
December 18,2004 through March 23, 2005.
3. Request Board to approve the award of Bid No. 05-3790 to Trugreen
Landcare for grounds maintenance for satellite facilities, for an annual
cost of$237,084.00.
4. Recommendation that the Board of County Commissioners approve
award of Bid #05-3776R, "Fasteners and Wheel Weights for Fleet," to
Lawson Products, Inc.
5. Report and ratify staff-approved change orders and changes to work
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April 12, 2005
orders to Board-approved contracts.
F. COUNTY MANAGER
1. Management Preparedness and Assistance Grant accepting $41,969
and Approve a Budget Amendment to Recognize and Appropriate the
Revenue.
2. Recommendation to Approve a Budget Amendment to Recognize and
Appropriate Isles of Capri Fire Control District Impact Fee Revenue
in the amount of$55,300 for the Purchase of Equipment.
3. Recommend approval of an Out-of-Cyc1e FY2005 TDC Category "A"
Grant Application and Budget Amendment for Tigertail Beach
Entrance Project #900151 submitted by Parks and Recreation
Department in the amount of$6,000.
4. Recommend approval of an Out-of-Cycle FY2005 TDC Category "A"
Grant Application and Budget Amendment in the Amount of
$100,000 for County/City of Naples Annual Beach Monitoring
Project #905362.
5. Recommendation that the Board of County Commissioners award Bid
#04-3613R in the amount of$322,437.50 for Pelican Bay Irrigation
Installation to Stahlman-England Irrigation, Inc.
6. Recommendation to adopt a Resolution authorizing the borrowing of
an amount not to exceed $8,000,000 from the Pooled Commercial
Paper Loan Program of the Florida Local Government Finance
Commission pursuant to the loan agreement between the Board of
County Commissioners and the Commission in order to finance the
construction of the Vanderbilt Beach Parking Garage; authorizing the
execution of a loan note or notes to evidence such borrowing;
agreeing to secure such loan note or notes with a covenant to budget
and appropriate legally available non-ad valorem revenues as
provided in the loan agreement; authorizing the execution and
delivery of such other documents as may be necessary to effect such
borrowing; and providing an effective date.
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April 12, 2005
7. Recommendation to adopt a Resolution supporting enactment into law
proposed Senate Bill 1252 and House Bill 817 relating to the creation
of a School of Engineering at Florida Gulf Coast University.
8. Recommendation to Adopt a Resolution Opposing Enactment into
Law Proposed House Bill 1565, allowing Municipalities to be Granted
a Certificate of Public Convenience and Necessity (COPCN) without
Meeting the Requirements as Provided for in County Ordinance 2004-
12.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1. Recommendation to extend the temporary employee agreement during
the new CRA Director's transition period allowing time to determine
CRA staffing needs.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Coletta requests the Board's approval for payment to
attend Collier County Medical Society's Annual Dinner Meeting as a
valid public purpose where there will be installation of officers for
2005-2006 and recognition of volunteer physicians. It wiP take place
at the Naples Bath and Tennis Club with guest speaker Dr. Dennis
Agliano, President of the Florida Medical Association. Commissioner
Coletta is seeking this payment as a valid public purpose to allow him
to represent District 5 and to stay abreast of current health issues and
contacts; $50.00 to be paid out of Commissioner Coletta's travel
budget.
2. Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
Halas to attend the Economic Development Council's Membership
Mixer in honor of Gates McVey's 10th anniversary. Event to be held
at 12810 Tamiami Trail North on April 19, 2005; $15.00 to be paid
from Commissioner Halas' travel Budget.
3. Commissioner Halas requests Board approval for reimbursement to
attend a function serving a valid public purpose. Commissioner to
attend The Greater Naples Chamber of Commerce Business After
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April 12, 2005
Five at KIA of Naples, 1472 Airport Road, on April 21, 2005; $5.00
to be reimbursed 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 that the Board of County Commissioners endorse
the United States Department of Justice and United States Department
of the Treasury Federal Equitable Sharing Agreement valid through
September 30, 2008.
2. Recommendation 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 dated
March 5,2005 to March 18,2005 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, Florida.
3. Recommendation that the Board of County Commissioners serve as
the Local Coordinating Unit of Government in the Florida Department
of Law Enforcement's 2005/2006 Edward Byrne Memorial, Justice
Assistance Grant (JAG) Program and designate the Sheriff as the
Official Applicant, and Sheriffs office staff as Grant Program and
Financial Managers and Point-of-Contact for FDLE's New Grant
Management System.
4. The Finance and Accounting Department seeks authorization from the
Board of County Commissioners to file the State of Florida Annual
Local Government Financial Report for the Fiscal Year 2003-2004 as
required by Florida Statute 218.32.
K. COUNTY ATTORNEY
1. Recommendation to compromise and release a code enforcement lien
for $26,613.20 the lawsuit styled Collier County v. Anthony J.
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April 12, 2005
Varano, Case No. 04-5901-CA.
2. Recommendation to approve Agreed Final Order Awarding Planning
Expert Fees & Attorney's Fees in the amount of $5,400 as to Parcels
739 & 839 in the lawsuit styled Collier County v. Nancy Johnson
Perry, et aI., Case No. 03-2373-CA (Golden Gate Pkwy Rd Project
60027).
3. Recommendation to Approve a Stipulated Final Judgment as to Parcel
125 in the amount of $31 ,000 in the Lawsuit Styled Collier County v.
Robert J. Derr, et aI., Case No. 03-2196-CA (Golden Gate Parkway
Project No. 60027). Additional cost to the County is $8782.50 after
credit for amount deposited.
4. Recommendation to Approve a Stipulated Final Judgment as to Parcel
192 in the amount of $67,000 in the Lawsuit Styled Collier County v.
GJR of Naples, Inc., et aI., Case No. 02-2212-CA (Immokalee Road
Project No. 60018). Additional cost to the County is $18,238.00 after
credit of amount deposited.
5. Recommendation to approve settlement prior to Trial in the lawsuite
entitled Collier County v. Venor Sylvan, filed in the County Court of
Collier County, Florida, Case No. 04-384-CC, for $2,390.00 and
authorize the Chairman of the Board of County Commissioners to
execute all necessary documents.
6. Recommendation to approve Arbitrator's Award prior to Trial in the
Lawsuit entitled: Peck-Gittleman, et al. v Affordable Landscaping and
Desing, Inc., et aI., filed in the Twentieth Judicial Circuit, in and for
Collier County, Florida, Case No. 02-717-CA, for $11,250.00 and
authorize the Chairman of the Board of County Commissioners to
execute all necessary documents.
7. Recommendation Pursuant to Collier County Resolution No. 95-632,
that the Board of County Commissioners Select and Retain Eric J.
Vasquez, Esq., and Yale T. Freeman, Esq., as Outside Counsel to
Represent Two (2) County Employees Named Individually as
Defendants in the Submitted Amended Complaint in Mohan Thampi
v. Collier County Board of Commissioners, Case No. 2:04-CV-441-
FTM-29SPC, in the United States District Court for the Middle
Page 17
April 12, 2005
District of Florida, Fort Myers Division; and Waive the Purchasing
Policy to the extent it applies to the Selection of Outside Counsel
and/or otherwise Exempt the Selection of Outside Counsel from
Competition Pursuant to VII. G. of the Purchasing Policy.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
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 QUASI-
JUDICIAL 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. Recommendation to
approve Petition A VROW2005-AR7118 to disclaim, renounce and vacate
the County's and the Public's interest in the 60 foot wide right of way for
Pine Street lying between Block A and Block B, 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.
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2004-AR-6792,
Tim Hancock, AICP of Talon Management, Inc., representing Weslick, LLC
in requesting a variance from Section 5.03.06.E.6 of the Land Development
Code for relief from the required side setback of 7.5 feet to a setback of 2.5
feet for pilings. This variance is being requested not for the dock facility but
for the mooring pilings that will support a boat lift. Property described as
Isle of Capri, Unit I, Lot 87, Section 31, Township 51 South, Range 26 East.
C. This item requires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VPLA T2004-AR7022 to disclaim, renounce and vacate
Page 18
April 12, 2005
the County's and the Public's interest in the 20 foot wide drainage easement
located along the rear of Tract "I", according to the plat of "Northbrooke
Plaza" as recorded in Plat Book 31, Pages 65 through 66, Public Records of
Collier County, Florida, located in Section 19, Township 48 South, Range
26 East.
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2004-AR-6720,
John J. Connelly requesting an after-the-fact variance of 5feet 4-inches from
the Vineyards PUD zoning district requirement for a 25-foot front yard
setback for front entry garages to 19-feet 8-inches for property located at
6648 Glen Arbor Way hereinafter described as the Vineyards Arbor Glen
Subdivision, Lot 28, in Section 08, Township 49 South, Range 26 East,
Collier County, Florida.
E. Petition SNR-2004-AR-6787, Collier Enterprises, Ltd. represented by
Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a
street name change from Agri Boulevard to Tradeport Parkway for property
located in the Immokalee Agricom Park, in Section 2, Township 47 South,
Range 29 East.
F. Petition SNR-2004-AR-6789, Collier Enterprises, Ltd. represented by
Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a
street name change from North Grove Lane to Global Drive for property
located in the Immokalee Agricom Park, in Section 2, Township 47 South,
Range 29 East.
G. Petition SNR-2004-AR-6788, Collier Enterprises, Ltd. represented by
Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a
street name change from Seedling Boulevard to Commerce A venue for
property located in the Immokalee Agricom Park, in Section 2, Township 47
South, Range 29 East.
Resolution 2005-
H. This item requires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. CU-2004-AR-6300
Frank L. Veasley representing Bethel Assembly of God Church, Inc.
requests approval of a Conditional Use in the RMF-6 Zoning District
pursuant to Table 2 of Section 2.04.03 of the Collier County Land
Development Code, to allow for the expansion of an existing church by
Page 19
April 12, 2005
adding a gymnasium on the subject 4.79 ± acre site. The subject parcel is
located at 1225 West Main Street in Immokalee, which is on the south side
of West Main Street and approximately 1,500 feet west ofS.R. 29, in
Section 4, Township 47 South, Range 29 East, Collier County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 20
April 12, 2005
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April 12, 2005
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chainnan, you have a hot mike.
CHAIRMAN COYLE: Thank you very much. The Board of
County Commissioners meeting is called to order.
Would everyone please stand for the invocation by Reverend
Mallory from First Assembly of God, followed by the Pledge of
Allegiance.
REVEREND MALLORY: Heavenly Father, today we're very
grateful for your presence. Lord, we realize that we are in a beautiful
community that you have created, and because of its beauty, it is also
very rapidly growing, and, Lord, we know that growth causes great
concern in both challenges and opportunities.
We thank you for our elected commissioners, and I pray as they
face the future and these challenges and opportunities that you will
give them divine wisdom and that you will steer them, Lord. We as
citizens are very, very much entrusted to these gentlemen and ladies,
and we thank you for it. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: For the benefit of the public here today
and our viewers at home, Commissioner Henning is away on a family
emergency today, and our prayers are with him. He will hopefully
. . .
reJOIn us agaIn soon.
Is he joining us by telephone now?
MS. FILSON: He is on the--
CHAIRMAN COYLE: He is on the line now?
MR. MUDD: Commissioner -- I believe Mr. Weigel is going to
tell you that you probably need to have a motion that Commissioner
Henning join because of emergency circumstances.
COMMISSIONER COLETTA: I'll make that motion.
CHAIRMAN COYLE: Okay. Okay. Motion by Commissioner
Coletta.
Page 2
April 12, 2005
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous. Thank you very much.
Commissioner Henning, are you there?
COMMISSIONER HENNING: Yes, I am.
CHAIRMAN COYLE: Good morning to you.
COMMISSIONER HENNING: Good morning.
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
CHAIRMAN COYLE: And we're going to get the ex parte
disclosures and any determinations of changes by commissioners
concerning today's agenda.
MR. MUDD: Commissioner, I'll start--
CHAIRMAN COYLE: Okay.
MR. MUDD: -- by reading the agenda changes for today.
CHAIRMAN COYLE: Okay.
MR. MUDD: David, do you have any additions to the agenda
changes that are on the two sheets?
MR. WEIGEL: No, you've got those covered. I will note for the
record that the board's motion relating to the inclusion of Mr. Henning
by telephonic participation is, in fact, a motion in finding that is in the
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April 12, 2005
public interest for Mr. Henning to participate in the meeting today.
And that's it for me, thank you.
MR. MUDD: Agenda changes, Board of County Commissioners
meeting April 12th, 2005.
The first item is add an item, 4G, and that's a proclamation
recognizing the week of April 10th through April 16th, 2005, as
Public Safety Telecommunications Week, and that's at the sheriffs
office's request.
The next item is a request that item 8B be continued to May 10th,
2005, BCC meeting and be heard at 10:00 a.m. It's a petition,
PUDA-2004-AR-6786, and that's Vanderbilt Beach Partners II, LLC,
represented by Richard Y ovanovich of Goodlette, Coleman, and
Johnson, PA, requesting to amend the Cocohatchee Bay PUD
document for the limited purpose of amending the Bald Eagle
Management Plan and related references in the PUD document.
The subject property consisting of 532 acres is located in Section
8, 16, 17, and 20, Township 48 south, Range 25 east, Collier County,
Florida, and that's at the petitioner's request.
The next request is that item 8C be continued to the May 10th,
2005, BCC meeting, and that's PUDZ-2003-AR-4493, Santa Barbara
Landings PUD requesting a rezone from residential multifamily-6,
which is RMF-6, to residential planned unit development (RPUD) to
be known as the Santa Barbara Landing PUD for property located at
the southeast corner of Radio Road and Santa Barbara Boulevard in
Section 4, Township 50 south, Range 26 east, Collier County, Florida,
and that's also at petitioner's request.
The next item is withdraw item 9F, and that is a -- the board to
consider a request from Kathy Prosser, president and CEO of the
Conservancy of Southwest Florida, to appoint a Board of County
Commissioner to the Caribbean Garden Blue Ribbon Committee, and
that withdrawal is at Commissioner Coyle's request.
The next item is a request that item lOA be continued to the April
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April 12, 2005
26th, 2005, BCC meeting, and that's a recommendation to approve
resolution 2005 dash, to be numbered in sequence after the board
approves it or disapproves it, creating the habitat conservation plan
advisory committee, and that request to continue the item was at
Commissioner Henning's request because he had some issues, and
because he's on the phone today, he thought he would be better in
person in order to do that.
The next item is to withdraw item lOB, and that's a
recommendation to adopt a resolution authorizing the acquisition by
condemnation, if necessary, of perpetual non-exclusive road
right-of-way and drainage utility easement and a temporary
construction easement, which will be required construction of
roadway, drainage, and utility improvements for the Golden Gate
Parkway/Airport-Pulling Road grade separated overpass, project
60006, and that withdrawal's at staff request, and that's because the
needed right-of-way is under negotiation and it's basically doing on a
consensual term so we don't have to go to eminent domain.
The next item is item 16A3. The title on the agenda index should
read, for an area not to exceed approximately 369 acres, rather than
254 acres that's printed on the page, and that's at staffs request.
The item 16B8, the title on the agenda index should read, in the
amount of $279,821.90, rather than the $279,921.90. There was a
hundred-dollar error in the write-up so it's basically decreased by a
hundred dollars. The backup information in the agenda package is
correct, and that change is at staffs request.
The next item is to move item 16C 12 to 100, and that is a
recommendation to approve and execute the attached real estate sales
agreement for the sale of 2.05 acres to the Glades Country Club
Apartment Association, Inc., for the net revenue of $228,121, and that
item was moved at Commissioner Halas' request.
The next item is 16E5. Delete items 14 and 15 from the March
FY -'05 administrative change order report and related backup
Page 5
April 12, 2005
documents, and that's at staffs request.
Next item is item 16F4. The category A grant application for this
item was omitted from the agenda packet. Copies have been made
available for viewing in the boardroom and up in my office.
Next item is 16F5, and that is, a title on the agenda index and
executive summary should read, in the amount of $322,437.50, rather
than $322,437.50, and it had a couple extra zeros at the end, okay. So
basically deleting the two zeros at the end, and it basically ends with
50 cents. All other backup infoffi1ation in the agenda packet is
correct. That's at staffs request.
The next item is 16K5. The title on the agenda index should
read, prior to trial in the lawsuit, rather than lawsuite. That's at staffs
request.
Next item is item 16K6. The title on the agenda index should
read, Affordable Landscaping and Design, Inc., rather than Desing,
Inc., okay? We missed -- we had the N and the G a little bit reversed
there.
The next item is item 17E, 17F, and 17G. These items require
that all participants be sworn in and ex parte disclosure be provided by
commission members, and that's at staffs request.
Time certain items. Because so many things were taken off the
agenda, and how do you try to get the agenda back in some kind of
time sync, I basically -- I recommend to the board that item 8A be
heard at 10 a.m., followed by item 8D. And item 8A is a
recommendation to approve an ordinance amending ordinance number
92-60 relating to tourist development taxes as amended, to expand the
use of category C-2 uses, to include municipal-owned museums, to
change the percentage of C-1 and C-2 uses, and to enable the use of
surplus tourist tax funds for additional promotion.
The item to follow it -- and, again, this is my recommendation --
is item 8D, to be heard immediately following 8A. That's a
recommendation to approve the fiscal year 2005-'06, Collier County
Page 6
April 12, 2005
consolidated plan, one-year action plan, for $3,524,802 for
Community Development Block Grants, which are CDBG, Home
Investment Partnerships Certification, approve execution of
sub-recipient agreements by community development and
environmental services, and submit to the United States Department of
Housing and Urban Development, HUD.
And the reason I make those recommendations is because
Commissioner Henning's time is limited with us this morning to
basically this morning, and 8A requires a supermajority vote.
That's all I have, Mr. Chairman.
CHAIRMAN COYLE: Okay. Thank you very much, County
Manager.
And County Attorney, I presume all your changes have been
incorporated into those --
MR. WEIGEL: Yes, yes, thanks.
CHAIRMAN COYLE: -- those recommended changes?
MR. WEIGEL: Yes, thanks.
CHAIRMAN COYLE: Commissioners, we'll now ask for ex
parte disclosures for the summary agenda and for any changes that
you might wish to make to the agenda.
Commissioner Halas?
COMMISSIONER HALAS: I have no further changes to make
to the agenda, and I have no ex parte disclosures for the summary
agenda.
CHAIRMAN COYLE: And Commissioner Coletta?
COMMISSIONER COLETTA: I have no -- nothing to declare
on the summary agenda and actually no changes, but, however, if I
may, I'd like to bring the public's attention to item 16A7, not to the
point that it needs to be pulled.
But this is where, the recommendations to approve a resolution
supporting the preservation in the Community Development Block
Grant program funded within the United States Department of
Page 7
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April 12, 2005
Housing and Urban Development, which is HUD.
Collier County has received the block grant entitlement funds
from HUD since 2001. During the past four years, low and moderate
income residents of Collier County have benefited in $9,789,000 in
these funds utilized for affordable housing, public facility
improvements, public service grants, education, job training, and other
eligible activities.
The financial impact is, is that without these grant allotments, it
is presently expected to be two million, 637 dollars (sic), 663 dollars
under the administration's current proposal. The grants will be
eliminated from HUD with the remainder of the program transferred
to the Department of Commerce.
It is estimated that the financial year 2006 grant program could
be reduced by at least 50 percent, it's if not totally eliminated. This
would result in a loss of $1,320,000 to $2,600,000 in grant funds for
the county's affordable housing job creations in public service and
other efforts.
And I just thought this was important enough not to just leave it
on the consent agenda and let it pass by, but I just wanted to get that
statement out in front of the public, and I thank you for that.
CHAIRMAN COYLE: Okay. Thank you, Commissioner
Coletta.
Commissioners Fiala?
COMMISSIONER FIALA: Yes. I have nothing to add to the
agenda, no corrections, and also I have no ex parte for the summary
agenda.
CHAIRMAN COYLE: Okay. I have no further additions or
changes and I have no ex parte disclosures.
Do we have any registered speakers for the summary agenda?
MR. MUDD: Commissioner, I think you need to ask
Commissioner Henning.
CHAIRMAN COYLE: Ah, yes. Commissioner Henning?
Page 8
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April 12, 2005
COMMISSIONER HENNING: I have no adversements (sic), no
ex parte on the summary agenda, or no further changes to the agenda.
CHAIRMAN COYLE: Okay. Thank you very much. And --
MS. FILSON: Mr. Chairman, I have no speakers for the
summary. I do have one speaker for item lOA, which has been
continued.
CHAIRMAN COYLE: Okay. Does that speaker for lOA want
to speak on the item that's not going to be addressed today, or do you
wish to come back when it's scheduled for --
MS. RYAN: I'll come back.
CHAIRMAN COYLE: Okay, fine. Thank you very much.
Okay. We can reschedule that one.
Okay. Any other comments concerning the summary or consent
agenda? Hearing none --
COMMISSIONER FIALA: Yes, just one. Are we going to
approve the requests to either continue or to withdraw?
CHAIRMAN COYLE: We will if we approve this agenda as it
has been discussed, okay? We will do that in a single motion.
Is there a motion to approve the agenda as described?
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas, second
by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
Page 9
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.--
April 12, 2005
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It carries unanimously. The agenda is
approved.
Page 10
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----
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 12. 2005
Add on Item 4G: Proclamation recognizing the week of April 1 0 through 16, 2005
as Public Safety Telecommunications Week. (Sheriff's Office request.)
Request that Item 8B be continued to the Mav 10. 2005 BCC meetinq and to be
heard at 10:00 a.m. Petition PUDA-2004-AR-6786 Vanderbilt Partners II, LLC,
represented by Richard Yovanovich of Goodlette, Coleman & Johnson, P.A.,
requesting to amend the Cocohatchee Bay PUD document for the limited purpose
of amending the Bald Eagle Management Plan and related references in the PUD
document. The subject property consisting of 532 acres is located in Sections 8,
16, 17 & 20, Township 48 South, Range 25 East, Collier County, Florida.
(Petitioner request.)
Request that Item 8C be continued to the Mav 10.2005 BCC meetina: ~ PUDZ-
2003-AR-4493, Santa Barbara Landings PUD, requesting a rezone from Residential
Multiple family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be
known as the Santa Barbara Landings PUD for property located at the southeast
corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50
South, Range 26 East, Collier County, Florida. (Petitioner request.)
Withdraw Item 9F: Consider a request from Kathy Prosser, President and CEO of
Conservancy of Southwest Florida, to appoint a Board of County Commissioners
to the Caribbean Gardens Blue Ribbon Committee. (Commissioner Coyle
request.)
Request that Item 10A be continued to April 26. 2005 BCC meetina:
Recommendation to approve Resolution 2005-_ creating the Habitat
Conservation Plan Advisory Committee. (Commissioner Henning request.)
Withdraw Item 10B: Recommendation to adopt a resolution authorizing the
acquisition by condemnation, if necessary, of perpetual, non-exclusive road right-
of-way, drainage and utility easements, and a temporary construction easement,
which will be required for the construction of roadway, drainage and utility
improvements for the Golden Gate Parkway/Airport-Pulling Road Grade Separated
Overpass - Project 60006. (Staff request.)
Item 16A3: The title on the agenda index should read, ". . . for an area not to
exceed approximately 369 acres. .." (rather than "254" acres). (Staff request.)
Item 16B8: The title on the agenda index should read, ". . . in the amount of
$279,821.90 . . ." (rather than $279,921.90). The backup information in the agenda
packet is correct. (Staff request.)
Move Item 16C12 to 10G: Recommendation to approve and execute the attached
Real Estate Sales Agreement for the sale of 2.05 acres to the Glades Country Club
Apartment Association, Inc. for a net revenue of $228,121. (Commissioner Halas
request.)
Item 16E5: Delete Items 14 and 15 from the March FY-05 Administrative Change
Order Report and related back up documents. (Staff request.)
Item 16F4: The Category "A" G~ant Application for this item was omitted from the
agenda packet. Copies have been made available for viewing. (Staff request.)
Item 16F5: The title on the agenda index and executive summary should read,
". . . in the amount of $322,437.50.. ." (rather than $322,437.50.00). All other
backup information in the agenda packet is correct. (Staff request.)
Item 16K5: The title on the agenda index should read, ". . .prior to Trial in the
lawsuit. . ." (rather than lawsuite). (Staff request.)
Item 16K6: The title on the agenda index should read, ". . . Affordable
Landscaping and Design, Inc., (rather than Desing. Inc.).
Item 17E. 17F and 17G: These items require that all participants be sworn in and
Ex parte Disclosure be provided by Commission members." (Staff request.)
Time Certain Items:
Item 8A to be heard at 10:00 a.m. Recommendation to approve an Ordinance
amending Ordinance No. 92-60 relating to Tourist Development Taxes, as
amended, to expand the use of Category C-2 uses to include municipal owned
museums; to change the percentages of C-1 and C-2 uses and to enable the use
of surplus Tourist Tax Funds for additional promotion.
Item 8D to be heard immediatelv followina 8A: Recommendation to approve the
Fiscal Year 2005-06 Collier County Consolidated Plan One-Year Action Plan for
$3,524,802 for Community Development Block Grant (CDBG), Home Investment
Partnerships certifications, approve execution of sub-recipient agreements by
Community Development and Environmental Services (CDES Division
Administrator, and submit to the United States Department of Housing and Urban
Development (HUD).
April 12, 2005
Item #2B, #2C, and #2D
MINUTES OF THE MARCH 8, 2005 BCC/REGULAR MEETING;
MINUTES OF THE MARCH 9, 2005 BCC/DISTRICT 4 TOWN
HALL MEETING AND MINUTES OF THE MARCH 23, 2005
BCC/DISTRICT 1 TOWN HALL MEETING - APPROVED AS
PRESENTED
Is there a motion to approve the March 8th, 2005, BCC regular
meeting --
COMMISSIONER FIALA: Yes. I'll make a--
CHAIRMAN COYLE: -- and March 9th, 2005, BCC District 4
town hall meeting, March 23rd, 2005, BCC District 1 town hall
meeting minutes?
COMMISSIONER FIALA: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion by Commissioner Fiala, second
by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: The minutes have been approved.
Item #3A
Page 11
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April 12, 2005
SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS) - PRESENTED
Okay. County Commissioner (sic), we have service awards for
advisory board members.
MR. MUDD: Yes, sir, let's -- could we do the first one, which is
3 A. Do you want to do these out in front, sir?
CHAIRMAN COYLE: We can, yes. Okay.
MR. MUDD: The first item is item 3A1, and that's a presentation
of the advisory committee outstanding member award to Carol Wright
from the Vanderbilt Beach Beautification MSTU Advisory
Committee.
And I read -- and this is an application that was sent from the
Vanderbilt Beach MSTU to the committee that selects the outstanding
member of the month from your advisory committee.
Attached for your consideration is our advisory committee
outstanding member nomination form for Ms. Carol Wright. Ms.
Wright was highly recommended for the award by the unanimous vote
of her fellow committee members at the regular meeting of the
committee on December 2nd, 2004.
At the discretion of the committee, Ms. Wright agreed to prepare
and present an application from a financial grant to supplement the
cost of constructing a desperately needed sidewalk along Gulfshore
Drive and the Vanderbilt Beach area. Carol willingly accepted the
assignment and began work on the project.
At her own expense, Ms. Wright put together a very professional
presentation that included supporting PowerPoint slides. While all of
our committee contribute considerable time to the MSTU, the hours
and efforts required to prepare, rehearse, and present the application to
the review committee were far -- were far above the norm.
Consistent with her outstanding efforts on a daily basis to
promote the beautification of our community at least cost, we, the
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April 12, 2005
members of the Vanderbilt Beach Beautification MSTU, are pleased
to nominate Ms. Carol Wright for the recognition and award.
And it's indeed a pleasure to present to the Board of County
Commissioners Ms. Carol Wright.
(Applause.)
CHAIRMAN COYLE: Carol, you have to get a picture.
MR. MUDD: You have to get a picture.
CHAIRMAN COYLE: Stand right here in the middle, and let's
turn around and put it in the picture, and I'll hide the parking space.
She gets a free parking space for a month here. That's what this
is all about.
COMMISSIONER HALAS: That's a puzzle.
CHAIRMAN COYLE: That's the most valuable part of this
presentation. Thank you very much.
MR. MUDD: Thank you.
(Applause.)
MR. MUDD: Ms. Filson, we have some pins? Got them, good.
Thank you.
I get a little nervous when I don't see that little box around, okay.
The next part of service awards is basically to award advisory
committee service awards for length of service, and we have -- we
have five awardees for five-year dedication and service to Collier
County, and I'll basically read them off one at a time, and if those
recipients would please come forward and get pinned. I believe that
means you're going steady, Commissioner. Okay?
I remember in college when I pinned my wife, it means it was
pretty serious -- and for a photo op., and then I'll go to the next
recipient.
The first recipient is Dr. Joan Colfer of the Healthy Facilities
Authority, and she's served five years in that particular capacity.
(Applause.)
CHAIRMAN COYLE: Thank you very much. I get to go steady
Page 13
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April 12, 2005
with Joan.
MR. MUDD: Thank you.
(Applause.)
MR. MUDD: The next recipient is Robert Cunningham, and he's
worked for five years on the Forest Lakes Roadway and Drainage
Advisory Committee.
Mr. Cunningham?
(No response.)
MR. MUDD: Okay. Next recipient is Laverne Franklin from the
Black Affairs Advisory Board, and she's served in that capacity for
five years.
(Applause.)
COMMISSIONER FIALA: You and I get to go steady.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
MR. MUDD: The next recipient is David Loving from the
Ochopee Fire Control District Advisory Committee, and he's served
five years in that capacity.
(Applause.)
COMMISSIONER COLETTA: Hey, David.
There you go my friend. Well deserved.
COMMISSIONER FIALA: You serve on everything. You
should get lots of pins.
MR. LOVING: Thank you.
(Applause.)
MR. MUDD: The last recipient, and I believe Kaydee Tuff
couldn't be here today, but Kaydee Tuff has worked for five years
diligently on the Golden Gate Community Center Advisory
Committee, and she's been very active in that capacity, and I didn't
want the occasion to pass without recognizing her.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
Page 14
April 12, 2005
Item #4A
PROCLAMATION TO RECOGNIZE THE MONTH OF APRIL AS
CHILD ABUSE AND NEGLECT MONTH - ADOPTED
MR. MUDD: Mr. Chairman, the brings us to proclamations.
The first proclamation is 4A. It's a proclamation to recognize the
month of April as Child Abuse and Neglect Prevention Month to be
accepted by Jacqueline Griffith Stephens, M.A., the executive
director.
CHAIRMAN COYLE: And it's going to be read by
Commissioner Fiala.
COMMISSIONER FIALA: Hi, how are you? Boy, you've been
at it for a long time, Jackie.
MS. STEPHENS: Yeah, 20 years next month, or next year.
COMMISSIONER FIALA: Really. Oh, my goodness. I have to
get my glasses, excuse me. Come up here and let the audience see
you, if you don't mind.
The Children's Advocacy Center of Collier County in
conjunction with the Child Protection Team and the State of Florida is
recognizing the month of April as Child Abuse and Neglect
Prevention Month; and,
Whereas, 3,371 children in Collier County were reported as
abused, neglected, or witnesses to abuse and neglect during the fiscal
year 2003/2004; and,
Whereas, child abuse and neglect cause considerable trauma to
the child, family, and society; and,
Whereas, child abuse and neglect can result in illness and serious
injury, impairment of physical, intellectual, and emotional well being
or even death; and,
Whereas, abused or neglected children are at greater risk of
repeating abuse and neglect as adults; and,
Page 15
April 12, 2005
Whereas, children of Collier County are entitled to live and grow
in a healthy, nurturing environment and free from the intimidation of
violence and harm; and,
Whereas, Collier County recognizes that child abuse and neglect
prevention can decrease the cost for society in dealing with the
consequences of child abuse and neglect; and,
Whereas, during the month of April, Collier County will promote
community involvement, raise awareness and educate parents and
caregivers to prevent child abuse and neglect.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County that the month of April be
recognized as Child Abuse and Neglect Prevention Month.
Done and ordered this 12th day of April, 2005, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
Mr. Chairman, I make a motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala, second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It's unanimous. Thank you very much.
COMMISSIONER FIALA: Jackie, thanks for all you continue
to do.
(Applause.)
CHAIRMAN COYLE: You get to take a picture.
COMMISSIONER FIALA: Come stand --
MR. MUDD: Take a picture.
CHAIRMAN COYLE: And if you'd like to make a few remarks
Page 16
April 12, 2005
MS. STEPHENS: Okay.
CHAIRMAN COYLE: -- you can go to the podium.
MS. STEPHENS: Thank you. I very much appreciate this
opportunity this morning. Our organization, the Children's Advocacy
Center and Child Protection Team in Collier County, this year we
expect to serve over 1,200 children who are the most serious cases of
child abuse in our community. I just want to say thanks again. It is up
to all of us in this community to protect our children. They cannot
protect themselves, and they need every one of us.
Thank you very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4B
PROCLAMATION TO DESIGNATE THE WEEK OF APRIL 10
THROUGH APRIL 16, 2005 TO HONOR CRIME VICTIMS -
ADOPTED
MR. MUDD: Mr. Chainnan, the next proclamation is 4B. It's a
proclamation to designate the week of April 10th through April 16th,
2005, to honor crime victims, to be accepted by Sergeant Cathy
Lambert of the Collier County Sheriffs Office, Beth Knake of Project
Health, Kathy Hennan for the Shelter for Abused Children -- Abused
Women, excuse me.
CHAIRMAN COYLE: And it will be presented by
Commissioner Halas.
MR. MUDD: Come up.
COMMISSIONER HALAS: Will those people please come up
to the front.
Proclamation reads as follows:
Page 1 7
April 12, 2005
Whereas, President Ronald W. Reagan first declared National
Crime Victims' Rights Week in 1981 to focus our nation's attention to
the plight of the crime victims; and,
Whereas, the silver anniversary of the National Crime Victims'
Right Week provides a national opportunity to reflect on the
devastating impact of crime and terrorism on victims and our entire
nation and to strengthen our nation (sic) resolve to ensure that victims'
needs are identified and addressed; and,
Whereas, since 1981, the crime victim assistance field has
expanded from a handful of assistance programs to include over
10,000 community and justice systems-based programs, and in 2005
there are more than 32,000 federal and state statutes that define and
protect victims' rights; and,
Whereas, America, as a nation and we as individuals and
communities recognize that justice isn't served until crime victims are,
that crime and violence in America affects us all, and that all victims'
rights are a critical component of justice for all; and,
Whereas, that justice isn't served until all crime victims and
whose hurt by crime -- and those hurt by crime, our mothers, fathers,
sons, daughters, sisters, brothers, neighbors, and friends are provided
support and assistance in the aftermath of victimization; and,
Whereas, despite impressive accomplishments over the past 25
years in crime victims' rights and services, there remains challenges to
ensure that all crime victims and survivors are treated with dignity and
respect, recognized as key participants within our system of justice,
and afforded services that provide help and hope to them; and,
Whereas, America as a nation recognizes that we serve justice by
serving victims of crimes, that by helping victims and survivors of
crimes, we help make our homes and neighborhoods, communities
and nation stronger, safer and more secure; and,
Whereas, America has joined together annually for the past 25
years to recognize the needs and rights of crime victims and survivors
Page 18
April 12, 2005
during National Crime Victims' Rights Week each April.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Collier County
designates the week of April 10th through April 16th, 2005, to honor
crime victims and those who serve them during the week and
throughout the year; and be it further proclaimed that as individual
communities, and as a nation, we value justice in America that
includes and involves crime victims and seeks to serve justice by
serving victims of crime.
Done and ordered this 12th day of April, 2005, Board of County
Commissioners, Collier County, Florida, Fred W. Coyle, Chairperson,
and I move for approval.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: That passes unanimously.
Congratulations.
(Applause.)
COMMISSIONER FIALA: Thanks for all you do. That's a
tough job.
COMMISSIONER COLETTA: Thank you for your service.
CHAIRMAN COYLE: You have to stay here to get your picture
taken.
Would you like to say something? Okay.
MS. LAMBERT: I want to thank each of you for honoring this
Page 19
April 12, 2005
week for victims of crimes. And on behalf of all the victims, the
organizations that serve those victims, and the advocates that help
those victims get through these incidents of such tragedy in their lives,
I thank you.
(Applause.)
CHAIRMAN COYLE: Thank you very much.
MS. KNAKE: Just a few sentences about Project Help for those
who might not know what we do for the community.
We have been serving Project Help -- Project Help has been
serving the people of Collier County, tourists and winter residents,
since 1986, so we're coming up onto our 20th year. All of our services
are free. We provide -- we are dedicated to providing care,
compassion, and free counseling through a 24-hour hot line and rape
crisis program, along with emergency crises and trauma response and
counseling to all victims of crime and all survivors of sudden death.
So that includes that we are the rape crisis program for Collier
County, we are the 24-hour crisis hot line for Collier County, and we
also provide, as I said, free services for all sudden death issues such as
car crashes, DUI deaths, homicide, suicide, and accidental deaths.
Weare the grief counselors for the Medical Examiner's Office,
we are also the victim advocates for the Naples Police Department,
and we serve within the state attorney's office victim advocates.
And some people might say that, you know, does it really cross
boundaries of all ages and all socioeconomic boundaries, yes, it does.
Crime and sudden death. Sudden losses can happen to anyone of us
any time.
Our thousands of callers and clients add up to over 40,000 a year,
and this is from ages two years old to 92 years young. And the two
and the 92 years have been for the last couple years.
If I would look at the whole 20 years of Project Help, I think we
would even go younger and older than that, but I'm just giving you an
approximation of the age range of clients that we serve.
Page 20
April 12, 2005
And I'd like to thank the commission for designating this as
Victims' Rights Week. We appreciate it very much because it does
call attention to the services that we provide and that all of the
agencies working together provide for Collier County.
Thank you very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4C
PROCLAMATION TO DESIGNATE THE WEEK OF APRIL 10TH,
2005 AS ART APPRECIATION WEEK - ADOPTED
MR. MUDD: Commissioner, the next item is 4C. It's a
proclamation to designate the week of April 10th, 2005, as Art
Appreciate Week.
CHAIRMAN COYLE: And here today to accept this
proclamation is Maury Dailey, president of the United Arts Council,
Jim Rideoutte, executive director of Naples Players and Sugden
Theater, and hopefully Myra Daniels, CEO of Naples Philharmonic,
Pat Scoville, president of Naples Art Association, Rose Patterson,
president of the Marco Art League.
So thank you very much for coming. Please turn around and face
the audience, and I'll read this proclamation for you.
Whereas, Naples was named America's top small art town in the
book, 1000 (sic) best art towns in America; and,
Whereas, this designation was based upon the quality and variety
of the arts and cultural community in the Greater Naples area; and,
Whereas, the Philharmonic Center Cultural Complex, with its
nationally acclaimed art museum and orchestra was named the jewel
in Naples' arts crown; and,
Whereas, von Liebig Art Center was recognized as a nationally
Page 21
-~-~-,-_.
April 12, 2005
renowned facility that provides a wide range of services for local
artists; and,
Whereas, members of the Naples Art Association and the Marco
Island Art League were specifically cited for their role helping build
and sustain the arts in the Greater Naples area; and,
Whereas, the Naples Players, the Pelican Players, and the Naples
Dinner Theater were credited for providing a lively and broadly
supported theater scene, and,
Whereas, the honor of this designation as America's top small art
town is the result of the hard work, vision, and dedication of people
throughout the Greater Naples area; and,
Whereas, the area's 33 non-profit cultural organizations, our
100-plus art galleries, and 500-plus local artists and performers share a
common goal to make our community a better place to life and to
visit.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of April
10th, 2005, be designated as Art Appreciation Week, and to recognize
the efforts of those who have worked so hard and so long to make our
community America's top small art town.
Done and ordered this 12th day of April, 2005, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
I would like to make a motion to accept this proclamation.
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second that.
CHAIRMAN COYLE: Second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
Page 22
April 12, 2005
CHAIRMAN COYLE: Thank you very much. It passes
unanimously. Congratulations.
(Applause.)
CHAIRMAN COYLE: I have one of these for each of you. If
you would like to open it up, and when we have the picture taken, face
the -- who are you?
MR. RIDEOUTTE: I lost my name tag. I don't know.
CHAIRMAN COYLE: Congratulations. Thank you very much.
Good seeing you, Jim.
MR. RIDEOUTTE: Thank you.
CHAIRMAN COYLE: Now, if you want to open those
certificates up and face the audience, we'll take pictures of them, and
then you can have something to say at the podium, if you'd like.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
CHAIRMAN COYLE: Would you like to say something?
MS. SCOVILLE: It's an honor to represent an organization that
has contributed to the -- made a significant contribution to the quality
of life in our community.
F or over 50 years, the Naples Art Association that has hosted the
von Liebig Art Center has been the art center for amateur artists of all
ages, many of whom have gone on to become professional artists. It's
also been a very vital source for developing talent among our youth,
with our after-school programs, our summer programs, and
scholarships that they receive.
We thank you for this honor.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
MS. JENNINGS: Thank you very much. I represent the Art
League of Marco Island, and our goal is to promote education and
excellence in the arts, and we're over 35 years old. We have two paid
staff, and the rest all volunteers, so we appreciate this with all of our
Page 23
,~--~~---~.-
"- _._..._.,-"~-,--~-".
April 12, 2005
volunteers. Thank you very much, Cheryl Jennings.
CHAIRMAN COYLE: Thank you.
(Applause.)
MR. DAILEY: I'm Maury Dailey with the United Arts Council,
and I just wanted to thank you very much for recognizing the
importance of arts in our community. Thank you again.
CHAIRMAN COYLE: Thank you, Maury.
MR. RIDEOUTTE: All I have to say is, despite our best efforts,
the best theater in town is frequently right here in commission
chambers.
CHAIRMAN COYLE: Hey, Jim? The least you could do is
give us free tickets to the Naples Players.
COMMISSIONER COLETTA: Would that be a drama or a
comedy?
MR. RIDEOUTTE: Well, I'm not going to go into whether this
is tragic -- tragedy here, tragic, or comedies, or -- it's quite a mix, I
think. Any time anyone of you want to audition for a part, I'd be
happy to have you.
CHAIRMAN COYLE: Thanks, Jim.
(Applause.)
Item #4 D
PROCLAMATION TO RECOGNIZE THE MONTH OF APRIL AS
FAIR HOUSING MONTH - ADOPTED
MR. MUDD: Commissioner, the next proclamation is 4D. It's a
proclamation to recognize the month of April as Fair Housing Month,
to be accepted by Candice Taps -- excuse me -- Candice Tapscott and
Jeff Cecil from the Housing and Urban Development.
CHAIRMAN COYLE: And it would be presented by
Commissioner Fiala.
Page 24
April 12, 2005
COMMISSIONER COLETTA: No, I don't think so.
CHAIRMAN COYLE: I'm sorry, I'm sorry.
COMMISSIONER COLETTA: The man to your right, Coletta.
CHAIRMAN COYLE: Okay, okay. It's this guy.
COMMISSIONER COLETTA: Okay. Great. We got through
the formalities, now I'll go forward with the proclamation.
Whereas, in 2001 Collier County became an entitlement
community receiving federal funds from the u.S. Department of
Housing and Urban Development under the Community Development
Block Grant Program, in financial year 2003/2004, received Home
Investment Partnership Act funding, and in financial year 2004/2005
received Emergency Shelter Grant funding; and,
Whereas, Collier County certified that it will affirm (sic) future
fair housing opportunities and will work to identify and remove
impediments to fair housing choices; and,
Whereas, Collier County financial year 2005 to 2006
consolidated one-year action plan outlines fair housing initiatives that
will be undertaken which include education and outreach campaigns
to further fair housing choices for Collier County residents; and,
Whereas, Title VII of the Civic (sic) Rights Act of 1964 and the
Fair Housing Act of 1968, as amended, prohibit the discrimination in
the sale, rental, and financing of dwellings based on race, color,
religion, sex, national origin, handicap, or family status; and,
Whereas, the secretary ofHUD has proclaimed April 2005 as
National Fair Housing Month and asked all CDBG entitlement
communities to join in celebrating the freedom of housing choices and
fair housing opportunities; and,
Whereas, the Board of the Collier County Commission of Collier
County, Florida, feels that every American has a right to live where
they choose with dignity and without fear of discrimination and
actively supports the fair housing education and outreach initiatives.
And, therefore, be it proclaimed by the Board of Collier County
Page 25
April 12, 2005
Commissioners, Collier County, Florida, that the month of April be
recognized as Fair Housing Month in Collier County.
Done and ordered this, the 12th day of April, 2005, Fred Coyle,
Chairman.
And I make a motion for approval.
COMMISSIONER FIALA: Second that.
CHAIRMAN COYLE: Motion by Commissioner Coletta,
second by Commissioner Fiala.
All in favor, please signify saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed?
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you very
much.
(Applause.)
CHAIRMAN COYLE: Would you like to make some comments
after the picture?
MS. TAPSCOTT: Yes.
(Applause.)
MS. TAPSCOTT: Good morning. First saying hello to
Chairman Coyle. We really appreciate the opportunity to be here --
and rest of the county commissioners. As my pastor would say on
Sunday morning, I am deliciously pleased to be here with you this
mornIng.
It is a true opportunity to hear from the seat of government your
desire to recognize Fair Housing Month April here in Collier County.
I bring you greetings from Secretary Alfonso Jackson from the U. S.
Department of Housing and Urban Development, Assistant Secretary,
Page 26
April 12, 2005
Carolyn Peeples, Mr. James Sutton, who is the director at the regional
level, and also Mr. Armando Fana, who is our director for the Miami
office of HUD.
I wanted to let you know that it is with great pleasure that we
work with your county, that the partnership that the U.S. Department
of Housing and Urban Development has with you in the eradication of
housing discrimination is substantial, that we look forward to your
county developing a substantially equivalent law so that we might find
another way to give you an additional dime or two in your coffers, but
we want to thank you for recognizing Fair Housing Month and for
encouraging your residents to continue supporting the Fair Housing
Act. Thank you.
CHAIRMAN COYLE: Thank you.
(Applause.)
MR. CECIL: Good morning, Commissioners. I'm Jeff Cecil,
partner in charge of Naples office of Porter, Wright, Morris, and
Arthur. I want to thank the staff for promoting me to HUD, but I am
not with HUD. I am here on behalf of the Collier County business
community and the Affordable Housing Commission, which I chair.
And I want to thank you for proclaiming the month of April Fair
Housing Month in Collier County . We agree wholeheartedly with the
Commissioners that every American has the right to live where they
choose with dignity and without fear of discrimination. Your
proclamation will help focus on protecting that right.
But ladies and gentlemen, housing cannot be fair unless it can be
had without loss of financial dignity and without fear of financial
hardship. Indeed, it's no coincidence that Fannie Mae and HUD, the
two greatest supporters of housing finance in America are also
primary supporters of housing regulation.
As indicated by recent activities within the Greater Naples
Chamber of Commerce, Collier County businesses believe that it's not
dignified to be forced to live in housing which places an undue
Page 27
April 12, 2005
financial burden on the household.
This is not discrimination based on race, gender, national origin,
handicap or family status, but it is, instead, based on financial status.
When you consider the fact that the median price of a single-family
home rose to $379,000 in 2003, and we hear that the median in
January this year was well over 400,000, is it any wonder that our
teachers, bank tellers, secretaries, sheriff deputies, highway patrolman,
and professionals who are just starting their careers here cannot find
an affordable place to live?
There are actions being taken. Habitat for Humanity is very
active here, and we all know that. Even Settlement Alliance is
working hard in the Immokalee area, Start-up Collier County Housing
Development Corporation is seeking proj ects and is pursuing several
of those, this affordable housing commission doing its tasks of finding
methods of making available to all who work here, the chamber is
hosting a forum on this topic Thursday night, and you are having a
workshop on May 3rd.
Thank you for your open and honest concern for the issue. Good
work is being done, but there is much more to do.
We will continue to seek your assistance and the assistance of the
entire business community in finding developing and funding
programs to provide homes to those who are the very foundation of
our lifestyle. It is simply good business and good government to
ensure that those who work in Collier County can live in Collier
County.
That, ladies and gentlemen, is fair housing. Let's hope we're not
too late. Thank you very much.
(Applause.)
Item #4E
PROCLAMATION TO DESIGNATE APRIL 20,2005 AS
Page 28
April 12, 2005
DISTINGUISHED PUBLIC SERVICES AWARDS DAY -
ADOPTED
MR. MUDD: The next proclamation is a proclamation to
designate April 20th, 2005, as Distinguished Public Services Award
Day, to be accepted by Jill Rapps from Ciccarelli Advisory Services,
and Tom Wagor of Fifth Third Bank.
CHAIRMAN COYLE: And this is going to be a proclamation
that is going to be presented by Commissioner Fiala.
COMMISSIONER FIALA: Proclamation: Whereas, the Greater
Naples Chamber of Commerce, in cooperation with the Naples Daily
News, is celebrating Distinguished Public Services Awards Day; and,
Whereas, an individual from law enforcement, fire, and
emergency services will be selected for this award based on
achievement above the norm and/or generous individual acts
throughout the year; and,
Whereas, these recipients will be awarded at a breakfast event on
April 20th, 2005, to be held at the Naples Hilton and Towers in
Naples; and,
Whereas, nominations for these awards have been solicited by
the Naples Daily News by advertisements and to the various
department officers; and,
Whereas, the individuals will be chosen by an anonymous
selection committee.
Now, therefore, be it proclaimed by the Board of County
Commissioners, that April 20th be designated as Distinguished Public
Services Awards Day when these outstanding public employees will
be recognized for their outstanding commitment to our community.
Done and ordered this 12th of April, 2005, Board of County
Commissioners, Collier County, Florida, Fred W. Coyle, Chairman.
Mr. Chairman, I make a motion to approve.
COMMISSIONER COLETTA: Second.
Page 29
April 12, 2005
CHAIRMAN COYLE: Motion to approve, Commissioner Fiala,
second by Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER FIALA: Opposed?
(Applause.)
MR. MUDD: No, it's picture time. You can't move. Okay.
Now, Red, it's your job to make sure everybody's smiling up
there.
CHAIRMAN COYLE: Thank you. Would you like to say
something?
(Applause.)
MS. RAPPS: Hi, I'm Jill Rapps, co-chair for the Distinguished
Public Service Award. We don't always realize the significant
contribution that our public servants make to help maintain the quality
of our life here in our community, and many times they're taken for
granted, and they're out of sight and out of mind until we need them.
So our mission is to raise the awareness in the community of
what these people do for us each and every day and to come together
as a community to honor these men and women who make not only
our families, but our communities a safer and more secure place to be.
So we want to thank you today, to help us in raising that awareness
by proclaiming April 20th the Distinguished Public Service Award
day.
Thank you very much, appreciate it.
CHAIRMAN COYLE: Thank you.
(Applause.)
Page 30
April 12, 2005
Item #4 F
PROCLAMATION TO DESIGNATE APRIL 12,2005 AS MRS.
LEILA CANANT DAY - ADOPTED
MR. MUDD: The next proclamation is 4F. It's a proclamation to
designate April 12th, 2005, as Mrs. Leila Canant Day, to be accepted
by Mrs. Canant.
CHAIRMAN COYLE: Now I don't know -- I'm sure everyone
here must have heard of Palm Cottage. It's the second oldest home in
the City of Naples. Ms. Canant lived in Palm Cottage in 1929 when
she was a teacher in Naples. It's a real honor for me to present this
proclamation, Ms. Canant.
Whereas, Ms. Leila Canant moved to Collier County from
Georgia in September 1928 and became one of the first teachers in the
region instructing Naples students in English and Latin; and,
Whereas, Ms. Canant began her distinguished 40-year teaching
career in Naples, working in a five-room schoolhouse without
air-conditioning or central heating; and,
Whereas, Ms. Canant taught students in the 9th through 12th
grades as one of only six teachers in town; and,
Whereas, Ms. Canant and her sister, Edith, often entertained
Naples 300 or so townspeople at the local movie house taking turns
playing the piano to accompany silent films; and,
Whereas, from 1944 to 1946, when the principal of Naples High
School was called to duty during W odd War II, Ms. Canant shared the
position of school principal and proved that women could be equally
effective administrators as well as educators; and,
Whereas, in the 1950s Ms. Canant continued to teach 7th through
9th grades at what now is Gulfview Middle School and later at Naples
High School; and,
Whereas, before retiring in 1969, Ms. Canant spent her last year
Page 3 1
April 12, 2005
teaching students in the 2nd grade at Shadowlawn Elementary School;
and,
Whereas, as a true Collier County pioneer and warmly admired
teacher, she instructed many future community leaders including
Sheriff Don Hunter and former city manager Richard Woodruff; and,
Whereas, Ms. Canant will celebrate her 100th birthday on
October the 11th, 2005.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 12th, 2005, be
designated as Ms. Leila Canant Day.
Done and ordered this 12th day of April, 2005, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
I'm going to come down there and present this proclamation to
you, Ms. Canant.
(Applause.)
COMMISSIONER HALAS: And I'll second that.
COMMISSIONER FIALA: She hardly knows how to have gray
hair. Look at her.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
COMMISSIONER FIALA: I'd love to sit down and hear some
of the stories.
CHAIRMAN COYLE: She's celebrating her 100th birthday, too.
COMMISSIONER FIALA: Pretty close. He's a bad boy.
CHAIRMAN COYLE: Would you like to say anything?
MS. CANANT: I just want to thank the county commissioners
for recognizing me. I didn't realize that I was so important till I heard
all this up here.
I'd like to tell you one little story from my teaching experience.
You heard that I finished up my career by teaching 2nd grade at
Shadow lawn. I had been teaching high school English all these years.
One day in the 2nd grade room this little girl came up to my desk
Page 32
..,...."''''"'''''._-,'~._.~_.,
April 12, 2005
and she said, Ms. Canant, do you know you taught my ma? I said, oh,
I did? Who was your mother, and she told me. We talked about her
mother.
The next day she came up and she was just dancing a jig. Ms.
Canant, do you know you taught my grandfather? I had to admit, I
did.
Thank you very much.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
CHAIRMAN COYLE: Everybody else sit down. Will all of her
former students please stand up.
(Applause.)
CHAIRMAN COYLE: We'll do this again next year.
MS. CANANT: Thank you so much.
MS. FILSON: Commissioner Coyle, give her the proclamation.
MR. SCOVILLE: You've got to watch these politicians. She
was really hoping for a parking space.
CHAIRMAN COYLE: County Manager, can you give her a
parking space?
MR. MUDD: Yes, sir.
MR. SCOVILLE: She's still driving. Can she get a parking
space?
CHAIRMAN COYLE: She can have Commissioner Coletta's
parking space. Anytime you want to park there, you just park in his
spot.
COMMISSIONER COLETTA: She can park right on the front
yard, as far as I'm concerned.
MR. SCOVILLE: Thank you.
COMMISSIONER FIALA: Man, wouldn't you love to hear the
stories she has to tell?
COMMISSIONER COLETTA: She's got to get over to the
museum for one of those story telling days.
Page 33
'·..·0··.·'_,,<,",,-··"·
__'_~M_
--.....--
April 12, 2005
COMMISSIONER FIALA: Oh, that would be wonderful. Oh,
that would be wonderful.
CHAIRMAN COYLE: Thank you very much. Thank you for
comIng.
COMMISSIONER COLETTA: That's back when Naples was a
small little friendly town. We used to play football in the street.
COMMISSIONER HALAS: It's still a friendly town.
COMMISSIONER COLETTA: I mean extremely friendly
where you knew everybody on a first-name basis instead of hey you.
Item #4G
PROCLAMATION RECOGNIZING THE WEEK OF APRIL 10
THROUGH 16,2005 AS PUBLIC SAFETY
TELECOMMUNICATIONS WEEK - ADOPTED
MR. MUDD: The next proclamation is item 4G, and it is a
proclamation recognizing the week of April 10th through 16th, 2005,
as Public Safety Telecommunications Week, and it will be accepted
by members of the sheriffs office.
CHAIRMAN COYLE: And it will be presented by
Commissioner Coletta.
COMMISSIONER COLETTA: And it's my privilege to do that.
Please come right up front here and face the audience.
Whereas, emergencies can occur at any time that require law
enforcement, fire, or emergency medical services; and,
Whereas, when an emergency occurs, the prompt response of
sheriff deputies, police officers, firefighters and paramedics is critical
to the protection of life and the preservation of property; and,
Whereas, the safety of our deputies, police officers, firefighters,
and paramedics is dependent upon the quality and accuracy of
information obtained from citizens who telephone the Collier County
Page 34
April 12, 2005
Sheriffs Office 9-1-1 Communications Center and the Naples Police
and Emergency Service Communications Center; and,
Whereas, public safety dispatchers are the first and most critical
contact our citizens have with emergency services; and,
Whereas, public safety dispatchers are the single vital link for our
deputies, police officers, firefighters and paramedics by monitoring
their activity by radio, providing them information and ensuring their
safety; and,
Whereas, public safety dispatchers of Collier County Sheriffs
Office 9-1-1 Communications Center and Naples Police and
Emergency Service Communications Center have contributed
substantially to the apprehension of criminals, suppression of fires,
and the treatment of patients; and,
Whereas, each dispatcher has exhibited compassion,
understanding, and professionalism during the performance of their
job in the past year;
And, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of April 1 Oth
through 16th, 2005, be designated as Public Safety
Telecommunication Week in Collier County in honor of the men and
women whose dignity (sic) and professionalism keep our city and
citizens safe.
Done and ordered this, the 12th day April, 2005, Fred Coyle,
Chairman.
And I make a motion for approval.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion by Commissioner Coletta,
second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
Page 35
April 12, 2005
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It carries unanimously. Thank you very
much.
(Applause.)
COMMISSIONER FIALA: I like your shirt. It says nine eleven,
or 9-1-l.
MR. MUDD: You can't go anywhere. We need a picture. Come
on, Jeff. Help us out.
CHAIRMAN COYLE: Kevin, don't you think you should get in
this picture?
MR. RAMBOSK: They're the ones that do the work.
CHAIRMAN COYLE: Okay.
(Applause.)
MR. RAMBOSK: Mr. Chairman, if you'd permit one quick
comment.
CHAIRMAN COYLE: Certainly.
MR. RAMBOSK: Kevin Rambosk, Chief of Operations for the
Sheriffs Office.
On behalf of Sheriff Hunter, we would like to thank you for this
recognition. As you can tell, the professionals that provide us this
service every day really do need to be recognized because, for without
them, the rest of the public safety people could not provide their
service, so they are critically important.
Thank you very much.
CHAIRMAN COYLE: Thank you.
COMMISSIONER HALAS: Thank you.
(Applause.)
CHAIRMAN COYLE: Okay. We have a time certain.
MR. MUDD: Yes, sir, we're pretty close.
CHAIRMAN COYLE: Yep.
Page 36
April 12, 2005
Item #8A
ORDINANCE 2005-18: AMENDING ORDINANCE NO. 92-60
RELATING TO TOURIST DEVELOPMENT TAXES, AS
AMENDED, TO EXPAND THE USE OF CATEGORY C-2 USES
TO INCLUDE MUNICIPAL OWNED MUSEUMS; TO CHANGE
THE PERCENTAGES OF C-1 & C-2 USES AND TO ENABLE
THE USE OF SURPLUS TOURIST TAX FUNDS FOR
ADDITIONAL PROMOTION - ADOPTED
MR. MUDD: The next item on the agenda, 8A. This item was
continued from the March 22nd, 2005, BCC meeting.
It's a recommendation to approve an ordinance amending
ordinance number 92-60 relating to tourist development taxes as
amended to expand the use of category C-2 uses to include
municipal-owned museums, to change the percentages of C-1 and C-2
uses, and to enable the use of surplus tourist tax funds for additional
promotion.
And the presenter will be Mr. Jack Wert, your Director of
Tourism for Collier County.
MR. WERT: Good morning, Commissioners. Jack Wert,
Tourism Director for Collier County.
As Mr. Mudd just indicated, we are going to be looking at
actually two changes within the tourist tax ordinance. The first is in
the category C, which is the museum category, and, secondly, to
invest excess tourist development tax revenues for additional summer
promotion and in public relations and advertising.
W e'lllook first at the category C. I guess we need to put up --
MR. MUDD: There we go.
MR. WERT: There we are. Sorry about that.
First of all in the category C, a change in the wording to read
county-owned or operated museums in the C-1 category, which would
Page 37
April 12, 2005
then enable us to fund the Naples Depot which would be -- we would
be managing that facility.
Then also a reallocation of funds, taking actually 3 percent from
the category C-2, the non-county-owned museums and moving that to
the C-1 category, which is the county-owned museums. That 3
percent, again, will enable us to fund the operation of the Naples
Depot as a county-operated museum.
The next change that we're discussing this morning is related to
excess funds. And what we mean by excess funds, these are funds
that we have received, actual revenue that we have received, between
October 1 st, the start of our fiscal year, and March 31 st, which is the
end of the first six months of that fiscal year.
Anything in excess of what we had projected we would bring in
in that amount of time would be the dollars that we would ask you to
consider investing in additional tourism promotion, because we really
do need to renourish our feeder markets and talk to our customers the
same way that we renourish our beaches. We need to keep doing that
every year.
Certainly our beaches are beautiful, but by themselves, they can't
market themselves. We need to promote them. We need to tell people
about our great award-winning beaches.
And as I mentioned to you in the past, the Travel Channel
designation Naples as the best all-round beach in America was at
really our -- our working with them, bringing them here, showing
them market, and showing them all the great things that there were
actually in addition to our beach, because that award was an all-round
community, so it's all the support facilities that go along with being a
beach community as well.
And that award certainly is great, but we need to continue to tell
people about that because it's run on the Travel Channel now. They're
off to other things, and people have short memories, so we need to
continually remind them.
Page 38
April 12, 2005
The added promotion will help us increase not only our beach
funds but our museum funds as well to -- and have people spending
more money in our community. The reality is that our destination,
and really any destination that is not out there actively advertising,
stands to lose both their repeat visitors and stands less of a chance of
bringing new visitors to the area.
And we are every year -- because we're only advertising in the
State of Florida with the dollars that we have, we are losing then some
of these visitors to other sun destinations. They're looking for a beach
destination, they're going elsewhere because those places are
advertising in communities where we aren't, and we'll talk about those
communities in a moment.
The interesting thing is when we do research -- and we did this
both in Chicago and N ew York this past fall -- our advertising,
incidentally, did win as number one chosen by all of the participants in
these focus groups as the best advertising of any of the other sun
destinations that we showed them. That was all of our competition
here in Florida and all of the Caribbean as well.
They didn't know who was sponsoring the research. We asked
them at the end, had you seen any of this research -- or this advertising
that you've picked, and they said, no, we haven't, and that is true. We
don't advertise in New York and Chicago. But they did indicate that if
they did see that advertising, they would react favorably.
This next slide is really what we're most concerned about this
summer, and that is the fact that we did have four hurricanes last year.
There are people that are going to take advantage of that, certainly
some of our competition will do that.
This happens to be an ad that ran in a meeting planner
publication in March. This is a company that sells meeting planner
insurance. They're reminding people about the four hurricanes and the
fact that we had to evacuate beach hotels and so forth. That kind of
publicity we don't need. That kind of publicity certainly says to a
Page 39
April 12, 2005
meeting planner, let's go elsewhere. We want to overcome that.
Last year you assisted us in doing some additional advertising.
We had about actually $400,000 in our reserves for promotion. We
took 300,000 of that at your approval and invested it primarily on the
east coast of Florida. We used television in Miami and Fort
Lauderdale and Palm Beach. It was really the first time we'd ever
really been able to afford television advertising.
We also put ads in some upscale corporate publications like
Business Week and Forbes. Those were regional buys in national
publications, family magazines like Country Home, and Food and
Wine, House and Garden, and then newspapers to back up our
television advertising.
And this is the return that we got on that investment that we made
last year. In 2003 we had from that east coast area, from Palm Beach
to Miami, a little over 203,000 visitors come. We were able to
increase that in 2004 to almost 270,000 visitors.
Certainly, we've talked about this in the past. In August and
September, we had some storm-related visitors. About 52,000 people
came here. But some of those people came here and may never have
been here before, so we've got a great opportunity to, having had an
experience here last summer, to come back. And the people who live
in Florida pretty well understand the hurricane situation and can plan
their vacations around that.
We were able, through our research, to earmark some 9,400
repeat visitors that came here directly because of that advertising we
did last summer.
Here's the bonus. New visitors attracted by those ads, had never
been here before. They came, some 14,500 of them came and spent
money in our community. So we saw almost 24,000 new visitors --
new or repeat visitors come here because of that additional advertising
that we did, and they spent $9.7 million.
In addition to that, and probably as important as anything, we get
Page 40
April 12, 2005
additional sales tax and gasoline tax revenue from those people. Sales
tax alone was five hundred twenty-eight point eight thousand dollars,
and tourist tax revenue $108,700. That's money that we normally
would not have seen in our revenue. That was really new money, and
it was a direct result of that advertising that we did on the east coast.
So now this year what we are proposing is to enhance the
promotion of our great beaches here during this critical off season this
summer in -- between April and September, and the idea is to invest
our excess funds above and beyond what we had projected, and that's
about $430,000 right now, additional funds that we have a -- that we
have received above and beyond what was proj ected.
The result will be if we invest those funds, additional tourist tax
revenue for beach renourishment projects, for promotion and
museums, and that will be realized that second half of this year, and
those will then roll over into next year for future use.
We're looking at promoting our destination in the Midwest,
primarily in the Chicago market, the Northeast and the New York
market, and perhaps some international promotion in the U.K. and
Germany, which are our primary feeder markets from Europe.
It will also give us an opportunity to participate in a summer
Visit Florida, that being our state tourism promotion organization.
They have a co-op program that they just introduced that came from
$4.75 million that the governor was able to give them in funds to
promote, again, this critical summertime of '05 where we are trying to
overcome the negative publicity of four hurricanes last year.
The -- this proposal does assume, the assumptions are, you've
agreed to the financing of the Vanderbilt Beach parking garage. That
freed up a lot of funds in category A. The major renourishment that
we had originally thought was going to happen this year is, in fact, not
going to happen until next year, so all of those funds will roll over into
'06.
All of your mandates in the beach funding policy that you passed
Page 41
April 12, 2005
back in December of '03, all of those mandates are fulfilled, and so by
investing this money, here's what we see the return on investment this
summer will be.
Primarily from Chicago and New York again. The number of
visitors that we had last year without any promotion was a little over
63,000 people, and their expenditures were $29.6 million, and we
generated 1.6 million in sales tax, and $329,000 in tourist tax.
So what would be the result of the advertising that we do in that
market? We see attracting repeat visitors, those who have been here
before, about 13,400 there, and new visitors, that's the real gravy,
that's where we -- we would not be attracting them without these --
this new advertising, 16,500 of them.
So 30,000 visitors attracted by the advertising. They would
spend a total of $13.9 million in our community. And, again, the sales
tax revenue, 755,000, and additional tourist tax revenue of 155,000.
CHAIRMAN COYLE: Jack?
MR. WERT: Yes, sir.
CHAIRMAN COYLE: Before you leave that slide, could you go
back to it, please?
MR. WERT: Sure.
CHAIRMAN COYLE: Now, this slide is different from the one
that's contained in our packet.
MR. WERT: It has--
CHAIRMAN COYLE: Wait a minute.
MR. WERT: I have actually added the repeat visitors.
CHAIRMAN COYLE: Let me tell you what you didn't have, is
the incremental.
MR. WERT: Right.
CHAIRMAN COYLE: Okay. You took that off. I'd like to
understand why.
MR. WERT: Okay. The incremental is -- the incremental is in
the second column, 2005. That's a total of 13,400 repeat visitors,
Page 42
April 12, 2005
which I didn't have in that first slide. I had just gotten --
CHAIRMAN COYLE: No. I'm talking about projected ad,
attracted sales taxes and attracted ad, attracted tourist tax.
MR. WERT: Okay. That is -- it probably should be in the
incremental column because that's the incremental revenue.
CHAIRMAN COYLE: Well, no, it's -- not according to what
you gave to us. The incremental revenue is $416,000, and the
incremental tourist tax is $85,559. That's been removed from this
slide and it's been added into the entire total rather than giving us a
report on what the projected incremental is.
MR. WERT: Okay. The projected ad -- and I'm going to have
Walter Klages, I believe is here, my researcher. If I'm not correct,
Walter, the 755,525 is the projected sales tax incremental revenue
from the advertising, that would be in addition to what we would get
from nonadvertising attracted visitors. That's just the incremental.
So last year we got 300 and -- let's see. We got a million six from
sales tax last year. We're saying an additional 155,000 in sales tax
from the ad attracted repeat and new visitors.
CHAIRMAN COYLE: Okay. I'm merely trying to understand--
MR. WERT: Okay.
CHAIRMAN COYLE: -- to why the numbers changed from
what you gave us in the packet.
MR. WERT: It was last minute information that I received,
because I did not have in that slide that is -- was in the packet, I did
not have the repeat visitors. I got that Friday night, so I added that in.
That's why the -- both the sales tax and the tourist tax revenue is
higher than what we had, because I didn't have the repeat visitor in
there. Is that correct, Walter?
MR. KLAGES: Yes, Walter Klages.
MR. WERT: You want to come up.
MR. KLAGES: Good morning, Mr. Chairman, Commissioners.
The explanation is exactly what Jack was talking about.
Page 43
.._--~.
April 12, 2005
We have had the model running, and we've actually had
interviews and targeting and tracking of these groups of people that
we are talking about. And the number that you see in the proj ected
total is a projection, so it's the incremental and it is if, in fact, these
kind of investments are made, then this is the ripple effect that is going
to yield these types of amounts of money, sir.
CHAIRMAN COYLE: Then you're telling me that this slide is
wrong in two respects, or is different in two respects. Number one,
you've got it in the wrong column. It should be incremental rather
than proj ected total? And number two, it is different than what you
gave to us in our packet.
And what I'm trying to sort out is, there is -- there are some --
you're running ads right now without any -- without taking the excess
amount of money that you're asking for now. You're running ads right
now. You're going to get some result from those ads.
I'm trying to find out what you're going to get from the amount of
money you're asking us to give you in addition to that existing ad
budget, and that was included under incremental in the handout that
you gave us in the packet. It has now been taken out of the
incremental area, lumped into a 2005 projected total, which I feel is
misleading, so I need to get a good handle on what you're really telling
us here.
MR. KLAGES: Mr. Chairman, I'm not the author of the slide.
CHAIRMAN COYLE: Okay.
MR. KLAGES: I'm only the author of the numbers.
CHAIRMAN COYLE: Well, who was the author of this one?
MR. WERT: The slide is mine, and let me see if I can explain it
to you.
The -- what you received under the incremental column,
projected attracted sales tax, 416,232, that was only for new visitors. I
added to that the repeat visitors attracted by the ads, and that's where
you now see the 755,525. Those are the -- those are new and repeat
Page 44
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April 12, 2005
visitors together.
CHAIRMAN COYLE: Okay. Let's go back to FY-'04.
MR. WERT: Okay.
CHAIRMAN COYLE: For those same two columns you had
$528,000 for FY -'04, for the total projected FY -'04, and now you've
got $755,000. So are you telling me that there's a $220,000 gain as a
result of investing this additional money?
MR. WERT: In 2004 we had tax generated -- sales tax
generated, $1.6 million. That's -- that's the same as on the -- the slide
that's up now. What we -- and that doesn't changes, 2004 --
CHAIRMAN COYLE: And that was total.
MR. WERT: Yeah.
CHAIRMAN COYLE: Your incremental for FY-'04 was
528,000 for the sales tax, and it was 108,000 for the projected ad
attracted sale tax. It's on your earlier slide.
MR. WERT: Oh, that -- I'm sorry. That was on last year's slide.
That was a different market though.
CHAIRMAN COYLE: FY-'04.
MR. WERT: Okay. It was '04, but that was Miami and Palm
Beach, that wasn't Chicago and New York. We haven't been
advertising in Chicago and N ew York at all and aren't currently. So
this is new advertising that we're showing you here in N ew York and
Chicago. The slide before was the return on investment last year in
Miami and Palm Beach only.
CHAIRMAN COYLE: Okay. All I'm saying is on this slide that
you gave us in the handout, it says that the incremental revenue for
2005 for projected ad attracted sales tax is 416,232.
MR. WERT: Right.
CHAIRMAN COYLE: Now you've got a slide here that -- now
telling us that the projected total is 755,525.
MR. WERT: Right.
CHAIRMAN COYLE: I want to know what goes in that
Page 45
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April 12, 2005
incremental column.
MR. WERT: Okay.
CHAIRMAN COYLE: And you told me once that that really
should be in the incremental column, and I don't think that's true.
MR. WERT: The 755,525 is the 416,232 plus -- and I have them
together, I guess. Let's see.
CHAIRMAN COYLE: Okay. All right.
MR. WERT: That--
CHAIRMAN COYLE: You've answered my question. That's
okay.
MR. WERT: That is--
CHAIRMAN COYLE: I'm not going to spend any more time on
it.
MR. WERT: Thank you.
CHAIRMAN COYLE: Thank you.
MR. WERT: That is--
CHAIRMAN COYLE: I'm finished with it. I'm finished with it.
MR. KLAGES: Thank you.
MR. WERT: Okay. The overall benefits of investing the excess
revenue are certainly that all of our categories received increased
revenue the second half of the year, there are more sales tax and
gasoline tax for the county. It gives us the opportunity to -- to invest
those idle excess funds that we do not currently, in the tourist tax fund,
do not earn interest on our funds. They simply roll over into the next
year.
The investment of those funds, any of that revenue goes into the
general fund. So this is a way to put those dollars to work.
And probably the most important thing is that nearly every
Collier County business receives increased visitor expenditures by
new people coming to our area. It certainly levels off the traditional
summer slump.
It gives the opportunity for year-round employment. We saw
Page 46
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April 12, 2005
that last summer. The restaurants were able to stay open through the
summer because we did have good visitation here. The hotels did not
have the layoffs that they had had in past years.
The -- certainly we will recognize new revenue and spending
from markets outside of Florida, which we would certainly like to see.
Most importantly, it really protects our summer business, both leisure
and group meetings.
What I'd like to do now is call up Carrie Duran from our agency,
because when we looked at this item before, a question, Mr.
Chairman, was how are we going to spend the additional dollars, and
so this plan will show you what we're doing.
And I just thought I would begin it by saying, currently what
we're doing -- we haven't just sat idle. We knew that we had a
problem in the meetings business, so we have already borrowed some
of the funds that we would traditionally put in our summer advertising
on the east coast of Florida.
We've taken some of those dollars and put it into the meetings
market instead to begin to talk to meeting planners, tell them about
this -- the weather warranty program, for instance that Visit Florida
has that is above and beyond event insurance that a meeting planner
might get.
It will cover things like if they have to move the meeting to
another location, the re-marketing costs would be paid for. If they
have to move to a different location and there's a rate differential, this
insurance would pay for that. The meeting planner doesn't have to
purchase it. This is something that Visit Florida has already
purchased. All they have to do is sign up for it.
It's our responsibility, we think, to get the word out to meeting
planners that this is available. This just might turn a meeting planner
from going somewhere else to, in fact, planning his meeting -- maybe
it's not this summer, maybe it's future summers. As we all know,
meetings are often planned many years in advance. So we need to
Page 47
~_·...w___,_
"'~--"--'"-
April 12, 2005
protect not just this summer, but future summers as well.
So we have just begun our Southeast Florida advertising on the
east coast of Florida and will run that for the next month or so, but it is
a little bit reduced because we did use some of those dollars for the
meetings market.
It really is interesting. We need to get that meeting market back,
because if we don't, to replace what we lose there with leisure business
is very difficult, and the hoteliers will tell you that's very difficult to
replace.
This will enable us as well -- and we already are leveraging some
of our Visit Florida co-ops with the meetings market. That's really
important. And we've already increased our PR efforts in the Midwest
and in the Northeast with certain publications so that we can get the
word out.
So, Carrie, if you would come up now and talk about the rest of
the media plan, I'd appreciate it.
MS. DURAN: Hi. I'm Carrie Duran, Paradise Advertising and
Marketing.
Of course, our goal for these opportunity dollars, what we're
calling them, is the same as our goal for all dollars. We want to
increase our brand awareness and our summertime visitation.
We want to have our phone ringing off the hook, we want to have
web hits going through the roof, and we want to, as Jack said, keep
our meetings market in those critical months, and also, we're going to
attract new visitors outside the Florida drive market, which is
traditionally what we've targeted, and of course, again, increase that
visitation during the summer's shoulder, excuse me.
Our geographic targets, this is where we do see some changes
from current, as Jack mentioned, where primarily, the Chicago and
New York, both the cities and the suburbs of those areas, in addition
to other opportunity markets in the Midwest and Northeast, such as
Boston or Cleveland or Indianapolis are real strong for us.
Page 48
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April 12, 2005
Our demographics, again, have not changed. We're still looking
for 25 to 54, families and couples, income, 75,000 plus, and again,
spring and early summer, and we want to target these smaller meeting
groups and combat that hurricane stigma.
I'll just quickly go through the actual strategies. We're going to
keep with our plan of TV and upscale publications that really
represent our brand well, and the media's going to generate inquiries
to our website, which actually will be tracked very well. We have, for
every publication we go in, a different URL, so our company, Phase 5,
can track where these inquiries came from and will really give us
some great information.
And we're going to -- as soon as -- if these opportunity dollars are
approved, we're going to place them right away to impact season.
Cable television is, without a doubt, the strongest branding
vehicle we have available and that we can afford. We can really target
these cable markets by zip code and meet our demographics, and also
our psychographic targets by choosing our cable stations.
Some of those that we would like to consider are the Travel
Channel, Food Network, Fox News, The Weather Channel, and CNN
news. I'd like to say The Weather Channel is very important because
we know they're going to be dusting off last year's footage in the wake
of this year's hurricane season and start to show those storms all over
again and refresh people's memory. So we want to be right there to
say, hey, we're fine and we welcome you to come on down.
We're going to continue with some small space print ads. You've
seen some of these in newspaper and consumer magazines in these
markets, and we'll do either some co-op inserts or some half-page ads
there, and those really make the phone ring and the web hits go up.
Also we'd like to do some more consumer magazines, regional
and national ads. We'll purchase these as what's called remnants. If
you're not familiar, it's when its publication is almost ready to go to
print, and they have a big hole they need to fill, they'll offer that up at
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April 12, 2005
a 70 percent cost savings, so the cost per inquiry is just so low and
fabulous. And we can -- this way we can target some real niche
markets like the bridal market, which we have never concentrated on,
golf, fishing, cultural, and we can start in the spring and continue on
through the summer on those.
Newspaper. Sunday travel sections, we always do little ads, but
it's the hardest working little ad you'll ever see. And as you know,
N ew York Times' travel section is so -- people just pour over it, and --
as is the Chicago Tribune. And we'll run that in conjunction with the
cable television schedule to get a double impact.
E-marketing, we'd like to do much more of this. It's such an
economical way to reach people, and we can really target in on
specific markets this way, such as golfers who've requested
information. These e-blasts encourage them to click through to our
site, and, again, we can do a lot of tracking and see how much time
they spend and see what the conversion rate is.
And, again, we would target these geographically and have them
hit when the TV and the newspaper hits.
Group business, we need to spend some more dollars here. We
want to target associations, corporate planners, and national meeting
planner publications, and we have a fabulous ad to run April through
the summer.
Lastly, we talked about television here. I'm going to show you
some actual dollars that we have planned, thirty-second spots, we have
a fabulous television commercial in addition to our print ad. It tested
so very well in N ew York and Chicago.
We have a new 1-800 number, which is 2-Escape, which we
think is real memorable and will help people to remember it when
they want to call.
Again, we talked about some of these. These are just for your
reference, some actual costs.
Here's some of the consumer magazines. AAA, we've never
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April 12, 2005
been able to get in before. It's fab -- everybody travels that's a
member there. AARP is a fabulous market for us, and these other four
are really high readership.
Southern Living we are doing currently, and it generates the
highest amount of inquiries of almost any of our marketing, with the
exception of the television. So an opportunity to go into Southern
Living another insertion would really be great.
Here's some, just examples, of opportunities of remnant space
advertising. Again, you can multiply these rates. This is a 70 percent
discount from their regular rates.
Group business. This is just some publications we really need to
be in, getting that message across again and again.
Public relations. Advertising cannot work alone. Public relations
and advertising work together to really -- any editorial we get in any
of these publications really enhances our credibility so that when they
see the ad, they'll be, oh, yeah, I heard about that, so it's so important.
We want to get somebody in the Chicago market and the New
York market, somebody that represents the national market and an
outdoor market. We want to get representatives, we want to bring
them down here, we want to show them how fabulous our area is, and
then we want them to be contacting publications on our behalf that we
can work with and get information to to further enhance our brands,
and that is just so important and so cost effective.
So here, just again, is the total budget, what we'd like to use the
opportunity funds for. We think it's a wonderful investment and it will
return many times over.
And, of course, you're going to want us to measure results of this
so we can give you numbers. Mr. Klages is going to add questions to
his hotel interviews to really probe how the people heard about us, had
they been here before, what -- you know, of course, where they came
from, but really specifically ask them what enticed them to come to
the Paradise Coast.
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April 12, 2005
Weare going to call -- we do this now, but we're going to do it in
these new markets. When somebody calls and requests information,
say, from Chicago, three months later we'll call them back and say,
hey, did you get a chance to come on down, and then ask them those
same probing questions about how much they spent, what they did,
will they return, and so we'll have those statistics and certainly track
the inquiries that come in from the advertising.
Our goals in all this? We want to increase name and brand
awareness by 20 percent, increase summer visitation by 6 percent,
inquiries should go up by 20 percent. We want to maintain that
precious summer meetings market, employment, and help the area
businesses.
It worked last year. Our brands were embraced. People loved
the ads. They called and they came. We see no reason why it
wouldn't work in these new markets this year.
Thank you.
CHAIRMAN COYLE: How are we doing as far as the court
reporter's concerned? Are you okay? Can we go a few more minutes?
THE COURT REPORTER: I'm okay.
CHAIRMAN COYLE: Okay. The $640,000 total budget you're
talking about here, is that -- does that equate to the amount of
additional money you want to take out of reserves? Is that one and the
same?
MR. WERT: Yes. That's -- we're projecting that that's what the
excess will be when we get the March numbers in, yes.
CHAIRMAN COYLE: Okay. Now, you must have had an
advertising budget before you get to those -- those reserves. What is
that advertising budget?
MR. WERT: The advertising budget that we are currently -- we
use it for our summer advertising, is about $250,000. That's the --
primarily television and newspaper in the Palm Beach and Miami
market. We aren't currently spending anything in Chicago and New
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April 12, 2005
York.
CHAIRMAN COYLE: Okay. So the 640,000 will give you
roughly about $900,000 budget for the summer advertising?
MR. WERT: For summer advertising, yes.
CHAIRMAN COYLE: And what was it last year?
MR. WERT: It would have been about the same, about -- we
spent 250 plus the 300,000, so it was probably $500,000, 550,000 that
we spent last year.
CHAIRMAN COYLE: Last year.
MR. WERT: Primarily in Florida only.
CHAIRMAN COYLE: Okay. All right. Thank you.
Are there any other questions from commissioners?
We do have some public speakers.
Commissioner Halas, I don't -- I mean Henning, I don't want to
ignore you. Are you still there?
COMMISSIONER HENNING: Yes, I am.
CHAIRMAN COYLE: Do you have any questions?
COMMISSIONER HENNING: No questions. I just want to
state that what I see is a potential to maintain or increase our shared
revenues in Collier County --
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: -- and provide a better
opportunity for year-round employment and decrease government
social service programs, dependencies in some of our workforce.
And I know there's a concern about overcrowded facilities in
Collier County in the summertime, but I don't see that.
And I know that Commissioner Coyle and the Tourist
Development Council's working on changing the ordinance and the
potential penny for promotions, but there's really a need for this
summer. We have a need this summer, and I think a -- an extra penny
is not going to address this summer. It might address the long term.
CHAIRMAN COYLE: Yes. Okay.
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April 12, 2005
Okay. Thank you very much.
I'm going to save my other question. It's just a brief question, but
I'll save it till after the public comment, okay.
MS. FILSON: Ready?
CHAIRMAN COYLE: Sure.
MS. FILSON: Mr. Chairman, we have two speakers, the first
one being Ron Pennington. He will be followed by Ron Albeit.
MR. PENNINGTON: Good morning, Commissioners. Ron
Pennington, Chairman of the Coastal Advisory Committee.
In February the board was advised by letter from the CAC of our
strong opposition to the diversion of tourist development tax category
A funds. The situation has not improved.
The proposed amendment to the tourist tax ordinance, which I
think isn't really being addressed at this point, but it not only enables
this funding diversion on a continuing annual basis -- and this could be
done just by a majority vote, not a supermajority -- it also precludes
the board from increasing category A funding allocations above that
approved in the budget at the beginning of each fiscal year regardless
of emergent circumstances without, again, amending the ordinance.
It states, no greater than and up to a maximum of the approved
budget by the Board of County Commissioners on or about October
1st of each year. You could not say, we've got an emergency, we need
more money, unless you change the ordinance. Does the board really
want to impose that kind of restriction upon itself?
The ordinance, as approved by the voters 12 and a half years ago,
has withstood the test of time, it has had only the addition of new
items approved by changes to the state statute being added for
category A funding. The proposed change is counter to the intent of
the voting public, and if submitted for their consideration, would most
surely be rejected.
I would also point out that it was stated -- it was shown in the
visual, I believe, that it would be fiscal year '06 funds used for our
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April 12, 2005
major renourishment project. That is not correct.
We need to award that contract in September of this year in order
to have the people in place to start actual renourishment work the first
of November. That necessitates a September award approval by the
board, and that's, '05 funds will be required for that.
Now, if I may take off my CAC hat for a moment, and I stand
before you as a concerned citizen that views the scenario painted by
the tourism director as not realistic. The major hotels are concerned
the corporations that usually hold major meetings here in the summer
with cheaper rates are staying away because of hurricane concerns.
That is not going to change as theirs -- as long-range planning, and I
think that was also stated by Mr. Wert.
The proposal that it can be made up by advertising in the Chicago
and N ew York areas is a fantasy. In asking friends from those locales,
their opinion of the effectiveness of such advertising, they say
ridiculous.
People in those areas look forward all winter to being able to use
their local beaches, facilities, and attend their special events in the
summertime. Why would they consider going to South Florida in July
and August? We cannot guarantee no hurricanes, but we can
guarantee daily temperatures of 95 degrees and comparable humidity.
Even many of our locals head to the hills of North Carolina.
The county manager told you there's a risk involved. If the
projected return is not realized, that will be money lost. To just get
back an investment of $700,000 will require an additional $23 and a
third million in short-term rentals in the summer above and beyond
what we would otherwise have.
Twenty-three and a third million, at my guesstimate of an
average of $125 per night, would be 186,667 room nights. That's a lot
of heads on beds. Does anyone here reasonably believe that will
occur?
As proposed, the funding diversion would be based on funds
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April 12, 2005
available at the end of the peak of our winter season with the
maximum number of people here. I suggest we look at where we
stand at the end of the fiscal year and if there are funds available, they
be used toward debt reduction for the parking garage. With that, we
all win without risk.
As you, our trusted Board of County Commissioners consider
this proposal, I believe you will realize that the risk is too great, the
ordinance should not be amended, and this boondoggle should be
terminated by denial. I thank you.
CHAIRMAN COYLE: Thank you very much.
MS. FILSON: Next speaker is Ron Albeit.
CHAIRMAN COYLE: Albeit.
MR. ALBEIT: Thank you.
MS. FILSON: Pardon me?
CHAIRMAN COYLE: Albeit.
MR. ALBEIT: Albeit is correct, thank you. Ron Albeit, Registry
Resort and Club and the Edgewater Beach Hotel. Good morning.
It's great news, I mean, to come here and let you know how great
our quarter was. I think we all know how great our quarter was and
the reason for our excess funds.
And it really had nothing to do with advertising on behalf of the
Convention Visitors Bureau because it was season, and I'd like to be
able to say that where we're all afraid to hear the words pre-9/11, you
know, we've exceeded our numbers in this quarter, and I speak on
behalf -- I am a board member of the Lodging Association, and Ed
Staros and I speak regularly about our information regarding our
results, and all are of the same concern about this summer specifically.
This is not a normal year. We are coming off a four-hurricane
year we hope will be an anomaly in our lives here in Southwest
Florida, and I think we have to treat it that way.
And so this ordinance of adding additional dollars is extremely
important. It's alluded to that this business that we're looking for is
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April 12, 2005
leisure business that's really maybe a byproduct out of New
York/Chicago.
Our major flux of summer business is from the Southeast, really,
drive market, and will continue to be, and I know part of our
advertising campaign is still that way, both from the CVB level and
from every resort on this coast. It's a great weekend business for us;
however, the group market is where the significant impact of this
hurricane season has been, and we have already felt it.
At the TDC meeting, Mr. Staros spoke of the number of bookings
that have occurred for his business, the Ritz-Carlton's, both the lodge
and the beach properties; between last August and now for this
summer, almost none.
The Registry Resort, also a significant group market for this area,
is -- has only put on for the months of August and September, a total
of 700 room nights for this summer.
We have lost because of hurricanes, actually reported by the
client the reason why they will not come to us this summer -- these
were bookings that were looking at us in February and March of this
year and chose to go elsewhere -- 300 room nights or roughly
$900,000 for the Registry Resort.
So we continue not to be able to book, and I actually personally
called these clients and asked them, what can I do to make a
difference? Can I pay for insurance? Can I cover your -- can I do
something to reimburse you? And their comments are, the risk is too
great to book the meeting.
Now, we ask ourselves, will advertising dollars change that, and
that's the big stigma. Mr. Coyle, you -- Commissioner Coyle, excuse
me, look at ROIs, and as a businessman, it's a great way to look at
advertising. You really want to know that, what is the return on this
investment? And we ask ourselves that every day when the Registry
Resort itself spends $1.5 million, and you heard the number from the
Ritz-Carlton spending close to $4 million in advertising every year.
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April 12, 2005
We'd love to know exactly what the ROI is on every one of those
dollars spent. But without spending it, we'd be afraid to know what
that number could be.
And so, therefore, I do ask the commissioners today to allow this
extra funding to try and do whatever we can. The impact on our
beach money and all the other money for the museums and our
tourism dollars for promotions will be detrimentally affected by a
downturn in our business, so everything we achieved in this great first
quarter could be offset by a very, very slow summer.
Thank you for your time.
CHAIRMAN COYLE: Thank you.
MS. FILSON: That was your final speaker.
CHAIRMAN COYLE: Final speaker.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I'm concerned when you hear
the Registry and you hear about the Ritz-Carlton spending large, vast
sums of money, is that through their network, or is that just through
their local chain here that's located here? And they spend this kind of
money and don't get any results. I have some concerns in regards to
that.
I just wonder if we're throwing good money after bad then since
they don't have any -- they're spending that type of money in a budget
and not getting any response. I have some real concerns on that.
CHAIRMAN COYLE: Thank you very much.
MR. ALBEIT: May I just clarify that?
CHAIRMAN COYLE: We haven't closed the public hearing, so
you can come back and make a comment, Mr. Albeit.
MR. ALBEIT: It was a direct comment on my comment on the
money spent, so I think it should be appropriate that I answer it,
Commissioner Halas.
That kind of is our annual budget for the Registry Resort, about
$1.5 million for advertising year-round in the -- including radio,
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April 12, 2005
magazines, television, newspaper ads, production costs, and so the
four million for the Ritz-Carlton was for annual budget, so not
specifically geared towards just the summer, which, I think, is what
we're advertising.
CHAIRMAN COYLE: But it was a local budget, not a national?
MR. ALBEIT: That's our local budget for our company.
COMMISSIONER HALAS: That's the same for the Ritz, their
local budget is $4 million, correct?
MR. ALBEIT: Correct, for an -- on an annualized basis.
CHAIRMAN COYLE: Thank you very much, Mr. Albeit.
Okay. We will close the public hearing now.
Any further questions by commissioners?
Okay. I -- Commissioner Halas.
COMMISSIONER HALAS: Go ahead.
CHAIRMAN COYLE: No, I was just going to ask for somebody
to make a motion here.
COMMISSIONER HALAS: Well, I have some concerns, and I
think that we need to give the travel department some additional funds
for advertising, but I'm not in favor of the whole -- the whole egg here.
I think that we need to look at addressing access -- improving
some of our accesses to the beach and facilities, and I think we could
probably use some funding in that area, but that's just me.
And if I was to make a motion, my motion would be that we'd
only give them half of that funding, and the rest of the funding would
stay with the beach renourishment program.
CHAIRMAN COYLE: If I could, I think that the problem is that
the ordinance would not permit us to do that without changing the
ordinance; is that true?
MR. MUDD: Commissioner, that's true. You're going to have to
change that ordinance, and based on that category C -- and let me
make sure I got it right, excuse me.
CHAIRMAN COYLE: Well, I don't want to go into too much
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Apri112, 2005
detail there, but just a yes or no answer will be --
MR. MUDD: Yes, sir. You have to change the ordinance--
CHAIRMAN COYLE: Okay.
MR. MUDD: -- in order to get to those dollars, and once you get
-- once you change the ordinance, then you can -- based on the
ordinance, you can adjust the dollars amount to what you see fit.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: That doesn't mean I don't share the same
concerns that Commissioner Halas does. I just wanted to point that
issue out.
Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes, excuse me. I go along with the
category C entirely, so that isn't part of my subject.
But I spoke with Jack Wert previously, and I feel we do need to
pump some money into the tourism industry this year because of the
four hurricanes last year. And I told him, too, I really want to see this
happen, but I don't want to do this every year. I feel this should be a
one-year shot period. So I don't think we need a whole ordinance to
do that. I think we need something just for this year, and let's evaluate
how it came out, and we can talk about it again, next year.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I couldn't agree more with
everyone. I agree with you, this is a great thing to do. We need to
keep this tourist industry moving forward. We need to keep our
citizens employed rather than have a layoff during the summer, then a
re-startup again during the winter season.
Once again, this money is directed towards the off season, the
summer season, to try to keep some sort of continuity in what's taking
place. We're not talking about advertising for people that come down
in the winter, which we seem to do a wonderful job with. Well,
Collier County sells itself, you might say.
I agree with Commissioner Halas also that we need to look at our
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April 12, 2005
resolutions and ordinances as far as how it goes, and especially
towards beach access. I do think that we have a responsibility to
provide the visitors that come in the wintertime with beach access, and
I couldn't agree with him more, and I'll support it when the time does
come.
I also want to note the fact that the museums and how we have
allotted the money and the direction that we're going, and I hope we
continue it, is that we recognize that with the new museum coming on,
that our responsibility is to the county museums first and that we need
to wean off the other museums at that point in time.
But, of course, that's something for another day to discuss, but I
wanted to get that into the -- into the record and get it going forward.
We have so many other entities out there now that are knocking
at the door, and the latest one is the Teddy Bear Museum. All
wonderful ventures, been sponsored by the public in the past and have
done a wonderful job. And suddenly, you know, if we have to
compete with tourist funds -- I just had my light turned off. I guess
I've got to stop talking.
CHAIRMAN COYLE: Thank you.
COMMISSIONER COLETTA: It worked.
CHAIRMAN COYLE: Yeah, it did work.
COMMISSIONER COLETTA: You didn't think it would, did
you?
CHAIRMAN COYLE: I didn't think it would work, but that's
good. I'm going to do that more frequently.
COMMISSIONER FIALA: I'll make a motion.
CHAIRMAN COYLE: If you don't mind, I think everybody's
looking for some kind of compromise.
One of the problems we have here is that you -- if you feel you
need to give additional advertising funds now just for this year, it still
needs an ordinance change, and if you change the ordinance, you've
got a problem unless you put some kind of a sunset provision into it.
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April 12, 2005
It's only for one year. You've got to come back and take it out next
year.
Here's my concern. Number one, you've heard me express some
confusion about the numbers we're being presented. I'm still not
happy with them. Although I think there's been a big step forward in
calculating what the expected improvements are likely to be, I don't
have much confidence in these numbers that have been presented to
us.
But the other problem is, we're talking about excess funds. We
don't have any excess funds. We don't know what the year will result
in, so if we waited till the end of the fiscal year, we might not have
any excess funds. And certainly it does appear that even with the --
with the -- the figures that the staff has presented, that if you allocate
the money they're asking, the $640,000, you're not really going to get
that much back in tourist tax revenue into the fund, so you're not
replenishing the fund from the tourist tax.
But I understand you're getting sales tax and you're getting some
other things, but it's not coming back into the TDC funding to the
extent that we would like. So there isn't a great multiplier. There's no
multiplier at all, as a matter of fact, in that particular calculation.
So -- and then the third point is one that Commissioner Halas
pointed out. You've got some very, very reputable hotels who are
advertising, and I'm sure their advertising is quite good, and they're
not achieving the results for the summertime that they expected. And
I'm not -- I just don't see how changing the ordinance and giving some
additional money at this point in time will solve that problem.
But I would certainly be willing to reevaluate this issue at the end
of the fiscal year to see if there really is some excess funding, and then
make a decision for next year that you put some money into a reserve
that could be used for summer advertising.
But with that, I've expressed all of my concerns.
And Commissioner Henning?
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April 12, 2005
COMMISSIONER HENNING: Yes, thank you. It's my
understanding that these funds are -- that we do have -- they're part of
last year's monies that came in, and correct me if I'm wrong.
CHAIRMAN COYLE: I don't think that's correct. I think they're
part -- they're what the staff is projecting will be a revenue excess
when we complete this fiscal year.
Okay. Jack Wert's going to give us a correct answer to that.
COMMISSIONER HENNING: Thank you.
MR. WERT: Jack Wert, Tourism Director.
The excess funds that we're talking about is actual revenue that
we have received since October of last year, between then and the end
of March. That's actual dollars which actually represents, and
traditionally has represented, 50 percent of the revenue for the entire
year. So we're up over $400,000 now, above what we projected last
year for how much revenue we would have at this point.
So these are actual dollars that we are suggesting investing in the
second half of the year to build the business this summer.
I think the downside is if we don't do it and we wait till the end of
the year, we're lost the entire summer. We have no way to try and
overcome any negative publicity, any negative misinformation that
there is out there.
Now is when we need to spend the money for the summer. And
if we do that, we will see more revenue, as we've projected, for the
tourist tax that we might not get if we don't advertise. It's kind of out
of sight, out of mind. And so, it is current revenue that we have.
CHAIRMAN COYLE: Yeah. And Commissioner Henning, if
this were excess revenue from last fiscal year, as you had thought, I
would agree with your position on this.
COMMISSIONER HENNING: Well, it was just clarified, it's
from October to March.
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: The monies exist.
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April 12, 2005
CHAIRMAN COYLE: This fiscal year, yes.
COMMISSIONER HENNING: That's correct. And it's not an
allocation to any specific categories. And I hear the concern from my
colleagues about the uncertainty, and I think it's worth a test, and I
think it's worth a test for one year only in 2005, and let's see what the
results are.
So with that, I'm going to make a motion to approve amending
the ordinance as recommended for only 2005.
COMMISSIONER FIALA: I'll second that motion.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning, a second by Commissioner Fiala.
And Commissioner Halas, you had a comment?
COMMISSIONER HALAS: Yeah, so basically where we got
this funding from was from the winter residents that -- I'll wait till he
gets back. This is just winter visitors, is that correct, that we got this
additional funding from?
MR. WERT: From winter visitors.
COMMISSIONER HALAS: Okay.
MR. WERT: October to December, then season, January to now.
COMMISSIONER HALAS: So Commissioner Henning, your
motion, is that for taking all the 640,000 and giving that to the tourist
development?
COMMISSIONER HENNING: Correct.
COMMISSIONER HALAS: Okay. You won't compromise and
go half of that, will you?
COMMISSIONER HENNING: Well, Commissioner, I think
that -- is what I understand -- and I really believe in my heart is, we're
going to have a shortfall this summer if we don't respond to it. And I
think if we respond to it correctly, we're all going to benefit in all the
different categories.
COMMISSIONER HALAS: But, Commissioner, we have all
these other --
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April 12, 2005
COMMISSIONER HENNING: I think we have addressed -- I
know that, again, that TDC is addressing some long-term promotion
fundings that would free up monies for things that Ron Pennington is
concerned about, things that you're -- and I'm concerned about, beach
access.
But that is a long-term solution. We need to address the
short-term solution, which is promotion for the summer. And the
TDC, the Tourist Development Council, is going to come back with
some recommendations, hopefully, that we'll see in a short period, but
the only thing is, is we can't make those changes till the first of the
year.
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Commissioner Henning, what
concerns me is the amount of money that large corporations put into
this, and they don't seem to be getting any true benefit from this, and I
can't believe that our 640,000, which is a lot less than what the
corporations are putting in, is going to be that big of a benefactor. So
I'd really like to see us just put in half of that and retain the other 50
percent myself.
COMMISSIONER HENNING: Well, Commissioner, I
appreciate the dialogue.
COMMISSIONER HALAS: Okay.
COMMISSIONER HENNING: The corporate ones, facilities on
the beach, they're advertising for peak season, which we don't.
They're advertising groups to come off season, and we haven't really
had the ability to do that.
We have two things in our favor that we need to promote, and
Mr. Wert and I talked about this. 2005 was designating as tourist --
Travel Channel's number one beach for 2005 was Naples. We have
something to promote there.
We also can promote that Collier County, or Naples, was not
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April 12, 2005
affected by the stonns. And I think if we get out there and do that,
we're not going to probably change the groups, but we will -- if we
target Chicago and New York, we're going to bring a different crowd
down there, and I think that's what Mr. Wert was trying to tell us.
My only concern is the immediate in what we need to address. I
understand your long tenn and your concerns with promotion of the
big boys out there, but I think they're totally doing a different market
than we have in the past and what we're going to be doing in the
future, and I hope that you can support a short-tenn solution to
hopefully gaining, you know, tourist tax monies for the other
categories and the shared revenue. Thank you.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I want to make sure that I
make myself clear. With category C, I don't care about that being just
one year. I'd like to see that go on and on and on, so I'd like to have
that on the record. And I'd like to make that -- if the motion maker
will approve, I'd like to have that in the motion.
COMMISSIONER HENNING: I'll amend that motion.
COMMISSIONER FIALA: Okay, fine, and I'll second the
amendment.
And then the second thing I wanted to say was, if we find this to
be successful, and I do believe that we will, I think it's a much needed
shot of money in the ann when we need it most. But if we find it to be
successful, we also have to think about the tourists and if we do get
some coming in, they also have to have access, and I agree with the
other commissioners when saying, I think we maybe need to address a
specific funding source for that in the future.
So I just wanted to make that copy -- that comment right now and
maybe -- maybe we'll find that there's a dedicated source on top of the
money that comes in regularly. Thank you.
CHAIRMAN COYLE: Very well. Thank you very much.
I will call the question in just a minute. I have a brief comment to
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April 12, 2005
make.
Bear in mind one thing, this so-called surplus is generated by the
fact that we get more money than we budgeted. Now, what happens if
we under budget revenue every year? You have a surplus every year,
and that means that you have a way of diverting money from one
category to others every year. So it is a dangerous precedent.
But I will call the motion.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Okay. And those opposed, please
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: And I think that was --
COMMISSIONER COLETTA: I voted in the affirmative.
CHAIRMAN COYLE: Okay. Commissioner Coletta,
Commissioner Henning, and Commissioner Fiala voted in the
affirmative; Commissioner Coyle and Commissioner Halas oppose the
motion.
The motion fails. It requires a supermajority vote.
Okay. We're going to take a break. Thank you very much.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats. We
have a hot mike.
CHAIRMAN COYLE: We're back in session. Okay.
MR. MUDD: Commissioner Henning, are you with us still?
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: The previous motion was defeated. We
still have issues to deal with on this particular item, as I understand it,
with respect to the division of category C --
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April 12, 2005
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: -- funding. Is there a motion to deal with
that particular portion of this decision?
COMMISSIONER FIALA: Yes. I'd like to make a motion to
approve the redistribution of category C, museums.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to
approve the recommended changes to category C allocations.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Coletta, and a
question by Commissioner Halas.
COMMISSIONER HALAS: And my question is, are we talking
just on -- in regards to the category C portion of this, or are we talking
the monetary value also?
CHAIRMAN COYLE: Just -- just the category C portion. We're
not --
MR. MUDD: We're just changing the percentage for county
museums and non county museums.
COMMISSIONER HALAS: Okay. We're not talking right now
about what percentage of money is going to go toward advertising; is
that correct?
COMMISSIONER FIALA: Oh, no.
CHAIRMAN COYLE: No, no, that's off the table.
COMMISSIONER HALAS: That's off the table right now.
MR. MUDD: That is not in the motion.
COMMISSIONER HALAS: All right.
COMMISSIONER FIALA: Yeah. I tried to be specific.
Apparently I wasn't enough. That's a good question. Only for
category C.
CHAIRMAN COYLE: Yes, only category C.
Is that really true? We've got a category A change in this
particular ordinance.
COMMISSIONER HALAS: Yes.
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April 12, 2005
MR. MUDD: A and B would have to transpire to do --
CHAIRMAN COYLE: Okay. They would have to be together?
MR. MUDD: Yes.
COMMISSIONER HALAS: Just B.
CHAIRMAN COYLE: So we're dealing only with category C.
We'll reiterate that --
COMMISSIONER HALAS: Only C, okay.
CHAIRMAN COYLE: Yeah. Only with category C, all right?
And we have a motion on the table by Commissioner Fiala, a
second by Commissioner --
COMMISSIONER FIALA: Coletta.
CHAIRMAN COYLE: -- Coletta.
COMMISSIONER HALAS: Coletta.
CHAIRMAN COYLE: And is there any further discussion?
COMMISSIONER HENNING: Question.
CHAIRMAN COYLE: Yes, sir. Commissioner Henning?
COMMISSIONER HENNING: That was part of the original
motion that failed amending category C.
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: Since that motion failed, can we
take action on the new motion?
CHAIRMAN COYLE: Yes. It is a new motion because it does
not include all of the elements of the prior motion.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Any further questions?
(No response.)
CHAIRMAN COYLE: Okay. Hearing none, all in favor, please
signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
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April 12, 2005
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously. Thank you very
much. Okay.
MR. MUDD: Commissioner, that --
CHAIRMAN COYLE: County Manager, have we got another
item to come up?
Item #8D
RESOLUTION 2005-157: FISCAL YEAR 2005-2006 COLLIER
COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN
FOR $3,524,802 FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS
(HOME) AND EMERGENCY SHELTER GRANT (ESG)
PROGRAMS, AUTHORIZE REQUIRED HUD CERTIFICATIONS,
APPROVE EXECUTION OF SUB-RECIPIENT AGREEMENTS BY
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES (CDES) DIVISION ADMINISTRATOR, AND SUBMIT
TO THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) - ADOPTED
MR. MUDD: That brings us to item 8D. It's a recommendation
to approve the fiscal year 2005/2006 Collier County Consolidated
Plan, one-year action plan for $3,524,802 for a Community
Development Block Grant (CDBG), Home Investment Partnerships
(HOME), and Emergency Shelter Grant (ESG) programs, authorize
required HUD certification -- I know I'll get it out.
CHAIRMAN COYLE: Hold on. We're -- we have
commissioners deserting the deck. We don't have a --
COMMISSIONER HALAS: Quorum.
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April 12, 2005
CHAIRMAN COYLE: -- quorum up here.
MR. WEIGEL: You've lost your quorum.
COMMISSIONER HALAS: We need a commissioner back
here, or two or one.
COMMISSIONER FIALA: Oh, I'm in the room.
CHAIRMAN COYLE: That doesn't count.
MR. MUDD: -- authorize required HUD certifications, approve
execution of sub recipient agreements by community development and
environmental services division administrator and submit to the
United States Department of Housing and Urban Development
(HUD), and Mr. Cormac Giblin, your housing manager, will present.
MR. GIBLIN: Good morning, Commissioners. For the record,
my name's Cormac Giblin, your Housing and Grants Manager.
Today we have a brief presentation, overview, for you about our
HUD consolidated plan, one-year action plan, for the upcoming
2005/2006 fiscal year.
This document is a -- is really the blueprint of how we propose to
use our HUD formula grants and entitlement grants for the next -- for
the upcoming fiscal year.
It's -- this is really the culmination of about a six-month public
input process that we've had about -- I think this will be the seventh
public meeting or publicly advertised hearing about the information
going into this document.
And to run you through the presentation, I'd like to introduce Ms.
Susan Golden from our office, who's -- I believe this will be her first
presentation before the Board of County Commissioners since coming
onboard with us a couple months ago.
MS. GOLDEN: Good morning. Susan Golden, grants
administration manager.
What I'd like to do is give you an overview, as Cormac indicated,
of the county's consolidated plan and the specific document that you
have before you today, which is the one-year action plan.
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April 12, 2005
The consolidated plan is a five-year planning tool that -- this is
the final year of the adopted consolidated plan. In 2005/2006 we will
be preparing a new five-year consolidated plan.
As can you see though, the consolidated plan is actually the
strategic plan, which establishes the priorities for how we will assist
low and moderate income households in the community. And that
consolidated plan, as I indicated, is a five-year planning tool.
Within that five-year planning tool, each year we also prepare a
one-year action plan, which outlines specifically what will occur with
those federal dollars in that coming program year. Both of these
documents are required by HUD, and they identify the affordable
housing needs in the community, as well as address economic
development and other issues.
It is important to note that both in the consolidated plan and the
annual action plan, affordable housing is the highest priority that we
have for the use of our federal, state, and local dollars.
In fiscal year 2005/2006, we will receive HUD funding from
three of the four entitlement programs. CDBG funding, Community
Development Block Grant funds, is the bulk of the resources that we
receive, and this will be the fifth consecutive year for receiving CDBG
funding, and we're entering our third year for receiving HOME
dollars.
We're beginning our second year of a new program under HOME
called American Dream Down Payment Initiative, and we're also
entering into our second year of Emergency Shelter Grant funding.
The goals and objectives of the CDBG program, as you can tell
from the overhead, are to provide for decent affordable housing,
provide a suitable living environment, and expand economic
opportunities, primarily through job creation, job training, and other
efforts along those lines.
The HOME and the ADDI programs are very similar in that their
primary goals are homeownership. They are to target low and
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April 12, 2005
moderate income households, expand the capacity of historical
nonprofit housing organizations, and also to leverage local dollars
from the private sector as well as public dollars that we receive from
the state or federal government.
One of the goals of the ADDI program is also to increase
minority homeownership, and ADD -- ADDI and HOME primarily
focus in on our down payment and closing cost assistance programs,
as well as housing rehab.
The Emergency Shelter Grant program is specifically earmarked
for the three emergency shelters that exist in Collier County.
Immokalee Friendship House received the first year of ESG
allocation, and these funding -- the funding for the 96,000 that is in the
one-year action plan, those dollars as of July 2005 will go to St.
Matthew's house, and then in July 2006, the Emergency Shelter Grant
money will be earmarked for the Shelter for Abused Women and
Children.
The ESG dollars are specifically targeted for homeless families,
and it's to provide additional families for the homeless within our
community.
As Cormac indicated, we've had a number of public input
sessions and public meetings since the fall of2004. There were three
meetings held in October and November of 2004 in Immokalee,
Copeland, and the East Naples neighborhood. We typically advertise
in both the Naples Daily News and the Immokalee Bulletin. Those
ads are run typically in both English and Spanish.
We have also gathered additional public input at the affordable
housing commission meetings which are held each month, and we've
had a number of discussions and training sessions with some of the
local nonprofits where we've also discussed this particular document.
In your -- in your one-year action plan, which you actually
received as a draft document in February -- and that's when it was first
made available to the public for their opportunity to review and
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April 12, 2005
comment on that during a 30-day public comment period -- you'll see
that the budget for the federal funding that we will be receiving is
right behind tab four.
And this slide just gives you a brief summary. But there's $2.6
million in Community Development Block Grant funds. As
Commissioner Coletta mentioned earlier this morning, these are the
funds that are most at risk in the administration's proposed budget.
The funds are earmarked to be minimized, reduced to some extent,
and also reallocated to the Department of Commerce.
The HOME program provides us with a little less than $800,000;
762,000 is the estimated allocation for this July.
Our American Dream Down Payment Initiative only provides a
little less than $29,000. And as I indicated, the Emergency Shelter
Grant, which this summer will be earmarked for the St. Matthew's
House, is approximately $96,000.
The targeted areas are affordable housing, because as I indicated,
that is the number one priority in our consolidated plan and each year's
annual action plan. And we have approximately $1.3 million
earmarked for affordable housing in the coming program year, July
'05 through June '06.
In economic development, job creation, job training, there is
$560,000 available. We have a neighborhood revitalization program
that has been going on for a while in the Immokalee -- in the Copeland
community, excuse me.
There's a number of public facility improvements that we have
planned for the Copeland neighborhood, and there's an additional
$250,000 available for Copeland in the coming year.
We're also in the third and final year of the senior center addition
in East Naples, and that's the last year of that allocation is $255,000,
and then there's 187,000 earmarked for the City of Naples for both
infrastructure improvements as well as an early model literacy
program, earlier literacy learning model, which would be an
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April 12, 2005
educational program conducted by Fun Time Nursery through the City
of Naples.
The funds that are available in the annual action plan are really
lumped into two categories. We actually have competitive grants, and
we will be accepting those from local organizations at the end of May.
There's approximately $1.5 million available in competitive
grants, primarily affordable housing activities, but there is, again,
560,000 available for economic development. And then the bulk of
the dollars are actually earmarked for ongoing, existing programs that
are run by county staff.
That $1.9 million includes the completion of the senior center, it
includes the down payment and closing costs assistance programs that
are run out of financial administration and housing, as well as the
housing rehab programs, and HMIS, which is a HUD mandated, that's
the Homeless Management Information System, and that's coordinated
by the local Hunger and Homeless Coalition of Collier County.
This slide just gives you an overview of what will be occurring
during the next few months. We're asking that the board review and
approve the submittal of this one-year action plan to HUD, and then
next week we will be announcing the competitive grant application
cycle. We'll also be holding workshops later in April with the local
nonprofit organizations.
Grants for the $1.5 million in competitive funding will be due to
our office at the end of May, and financial administration and housing
staff will go through and rank and review those grants and ensure that
they are in compliance with the HUD requirements during the month
of June.
We'll be discussing our recommendations with the Affordable
Housing Commission at their July meeting and developing agreements
with the local organizations that are awarded funding later in the
summer.
And staff is available to take any questions that you may have.
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April 12, 2005
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Coletta.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Second by Commissioner Halas.
MR. MUDD: Commissioner Coyle, I believe Commissioner
Henning has questions.
CHAIRMAN COYLE: Yeah. Commissioner Henning?
COMMISSIONER HENNING: What was the recommendations
from the small cities Community Development Block Grant Citizen's
Advisory Task Force?
MS. GOLDEN: I'll ask Cormac Giblin to respond to
Commissioner Henning's question.
MR. GIBLIN: Sure. Commissioners, the CA TF, Citizen's
Advisory Task Force, was created by the Board of County
Commissioners, specifically chartered as their mission to review and
act as the community liaison advisory group for the small cities
entitlement grant programs.
Now that the county has advanced into our entitlement CDBG
funds, that group no longer has the authority or the mission to review
these. This plan was taken to the Affordable Housing Commission
rather than the CA TF, which, in fact, has sunsetted since their primary
mission has expired.
COMMISSIONER HENNING: Do you realize that the
ordinance creating this advisory board for the Board of
Commissioners is still in force?
MR. GIBLIN: It is, but--
COMMISSIONER HENNING: Ordinance 90-60?
MR. GIBLIN: Yes, sir. I've reviewed the ordinance, but it is
specific only to the small cities CDBG program. Now that we have
transitioned out of that, their purview no longer is applicable to the
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April 12, 2005
entitlement CDBG program.
COMMISSIONER HENNING: Well, what is their purpose
then?
MR. GIBLIN: Well, as I said, there was only one small cities
CDBG project left to be closed out, which is the Immokalee Incubator
job creation grant. We've already received a monitoring close-out
visit from the state DCA on that grant. And as soon as they issue their
final report, that CA TF will be sunsetted.
COMMISSIONER HENNING: Well, I spoke to a couple
members of this committee, and, you know, they were shocked, and
the board wasn't informed of any sunsetting. This ordinance definitely
doesn't sunset it. Are you saying you're going to bring it back for
deletion of the ordinance?
MR. GIBLIN: No, sir. It -- basically their job for the county will
be complete with the expiration or the completion of their last -- of
their last proj ect. I do have --
COMMISSIONER HENNING: I understand. I understand what
you said, but that doesn't -- the ordinance, just because they're
sunsetted, the ordinance is still in effect. There's no sunset provision
in the ordinance.
MR. GIBLIN: Well, that may be a question for legal counsel as
far as the actual expiration and termination of an advisory group
whose mission has been completed.
I do have the minutes from the September 23rd, 2004, CA TF
meeting where the CA TF was presented with this information. And if
I could read just a few sentences from the minutes.
It says, Mr. Giblin gave an update to the members about using
the Affordable Housing Commission as the sounding board between
the county and the communities.
He explained that the Affordable Housing Commission was
chartered in 1991 to deal with community development issues and that
certain professional designations must be met on the committee.
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April 12, 2005
They also meet monthly, so it seems a good fit to use the already
existing AHC instead of creating a new CATF.
Mr. Giblin handed out a CATF replacement plan hereby made
part of these minutes, and there was considerable discussion about the
five target areas and how the next consolidated plan will be put
together.
So this plan to essentially replace the CA TF with the existing
Affordable Housing Commission really was brought to the CA TF's
attention back in September of 2004.
Really the benefits that we see by making this change are that the
neighborhood groups will become more involved in identifying
proposed activities in their areas and that staff will evaluate and select
projects based on the merits and outcomes of each activity and
organization.
COMMISSIONER HENNING: One more question. Is the
charter -- the ordinance creating the AHC, is part of their charter to
make recommendations and fonnulate where the money -- where the
CDBG funds are spent?
MR. GIBLIN: Their charter is to act as an advisory committee to
the county commission really in all aspects of affordable housing and
community development.
COMMISSIONER HENNING: Okay. I just feel that the board's
wishes are being trumped by somebody else's wishes. I didn't see in
the ordinance -- AHC ordinance where they were to oversee the
expenditures of this CDBG fund, so --
COMMISSIONER FIALA: That's a good point.
COMMISSIONER HENNING: So with that, I'm not going to
vote for the motion. I don't like the way our staff is handling these
ordinances in our advisory boards -- the Board of Commissioners'
advisory boards.
CHAIRMAN COYLE: There seems to be some confusion
concerning this, and I think we need to clear it up.
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April 12, 2005
Is the advisory board that Commissioner Henning is referring to
an advisory board for doing a specific kind of grant assistance? And
that kind of grant assistance has been faded out and is completed,
right?
MR. BAKER: Commissioners, Denny Baker for the record. The
ordinance that Commissioner Henning is referring to was created
specifically to deal with the small cities where the federal funds did
not come directly to Collier County. They went through the state DCA
program. And with the closeout and the creation of 22 jobs, that
ordinance, that mission has been completed, and we're waiting for
closeout now.
COMMISSIONER HENNING: But Commissioner Coyle, may I
just add that in the past, that this committee has always had their input
on the CDBG funds. And I might add is, if I remember, the ordinance
of the Affordable Housing Commission, was not their duty
specifically on the CDBG funds.
MR. BAKER: That's correct. That portion of it's correct.
CHAIRMAN COYLE: Is the problem that the members of the
small cities advisory task force are offended that they weren't asked,
or is it that they have specific recommendations concerning the CDBG
block grants?
COMMISSIONER HENNING: From my understanding,
Commissioner Coyle, from members that I had spoken to, they were
offended that they wasn't asked.
MR. BAKER: No, we -- that's not cor -- I mean, perhaps they
are offended. But as Cormac pointed out, we went -- I specifically
had two separate meetings with them, one at the Friendship House in
Immokalee, where we took them through the program we introduced
them to the phase out of the CA TF and what our program was in terms
of keeping citizen involvement and citizen input in making these
decisions.
We specifically, on two separate occasions, introduced them to
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April 12, 2005
new programs. As a matter of fact, Cormac has an overhead he can
show you that we introduced to them. Would you do that, Cormac?
COMMISSIONER HENNING: They would -- the committee
was told where the funds were going to be spent, and that hasn't
happened in the past.
CHAIRMAN COYLE: Okay. Any other questions from--
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Yeah, I'd gotten the same
comment, by the way -- this isn't what I was really going to talk about
-- but I'd gotten the same comment from somebody who wrote and
said that he hadn't been contacted in nearly two years to be -- to be a
part of that committee, yet he was on it, and he was wondering why he
hadn't been contacted and so forth, and so, I don't know, maybe
Commission Henning had similar -- had a similar experience.
I'll go on to, I have three concerns. The first one is
moderately-priced dwelling units, owner-occupied dwelling units that
-- that we offer to people, you know, at an affordable rate, but what's
happening -- and I know we say we monitor it and it's not happening
-- but investors are buying those low-priced homes up.
And I'll make an example without using any names. When you
build a condominium, for instance, and they start at 100,000 and they
go up to 250,000, but when you sell it through John R. Woods
Investment Firm, is that -- is that really getting to the $100,000
market?
And I've had -- I have some real concerns over this. I think that
when housing is built in that price range, hundred, hundred and a
quarter, it's specifically for people who need that. It's not for investors
who can then charge a good deal of rent and then the -- and the houses
are off the market.
And I think we can't just do that by paperwork. I think we need
to actually physically be knocking on the door at -- you know, at times
when they're not prepared and verifying for, say, the first three months
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April 12, 2005
or even six months that the person living in the house is actually the
person who owns that house.
And so -- and I didn't find that anywhere in here, but I really
think that that's important. We're draining the market of the people
who need it most.
MR. GIBLIN: Commissioner--
COMMISSIONER FIALA: Secondly -- secondly, another thing
that I was concerned with -- and this was something I learned back
when we were working on the Henderson Creek PUD, and there was a
builder that was going to come in and build another -- Whistler's
Cove.
They build it out of pressed board, they get lots of money from
the government to build affordable rental housing, and then they
charge, at the time, $1,049 a month for a three-bedroom. To me that's
a -- first of all, that's not affordable. Yet I understand that rents are
based on median income, not median wage.
But -- and I realize that's how the law goes, but I think you
should be addressing something about this because then what happens
is it encourages, or even forces, the renters to rent out the different
rooms within the apartment, and sometimes you find three and four
families living in one apartment because they can't afford $1,049 a
month. So I think this that is a very serious problem that we should be
addressing.
And thirdly, missing almost entirely from these plans, is the
urgent need for young professionals, government workers, deputies,
teachers, health care professionals, EMS personnel, who do not
qualify for the low and low, low-income housing, and they qualify for
homes in the 150- to $225,000 range.
Nobody builds them. We don't even have a name for that range.
I mean, we don't have low, low-housing or -- we don't even have a
name, much less an advocate, and as long as there's no advocate to be
pushing to build this type of housing that is so desperately needed by
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April 12, 2005
these professionals -- we're trying to get teachers in to teach our kids,
and we don't give them any housing, and they don't qualify for any of
the low-income housing. And without an advocate, who's going to
represent these people? And I don't think we've addressed that issue
either.
MR. GIBLIN: Commissioner, if I could address some of your
concerns. The first one about the enforcement of when something is
built as affordable, what will make it remain affordable, and there is a
distinction here between what the county does through an affordable
housing density bonus through a rezone and what we do here with the
specific document that we're talking about today, which is the HUD
funding.
When something is built as an affordable housing unit through
the LDC, compliance becomes a code enforcement issue after CO, just
like any other PUD restriction. So certainly if someone is violating
the terms of their zoning, they would subject themselves to the brunt
of our code enforcement department.
When we talk about if something was assisted with our HUD
grants and they essentially did the same thing, they were affordable in
the beginning but decided a few years later they no longer wanted to
be affordable housing, HUD grants have very -- actually more
stringent monitoring and regulations than the county's LDC does in
terms of annual monitoring and annual certifications that need to be
signed off by the property occupant on a yearly basis.
COMMISSIONER FIALA: I'm not really talking about HUD
housing. What I'm talking about is those builders who build units to
qualify for the affordable housing density bonus per chance --
MR. GIBLIN: Right, then that--
COMMISSIONER FIALA: But they're not asking for any
government dollars, they're not asking for any help, yet these places
which would be just perfect for a young family just getting out of high
school or college and great starter homes, and we're not selling it to
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April 12, 2005
them.
CHAIRMAN COYLE: But that is a good subject for our
affordable housing workshop, but it is not the subject we're discussing
here today.
COMMISSIONER FIALA: And this can't be handled through
here?
CHAIRMAN COYLE: Not through the HUD grants, not
through the CDBG.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: So it's something we need to keep in
mind when we get to that workshop, because it is an important issue.
We need to solve that issue.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I just want to try to get
this thing back on track, you know. A whole bunch of issues are
coming up. This thing is far from a perfect program. We're talking
about a limited amount of dollars which is very specifically controlled
by the federal government, where it can go and how it can be spent.
We would rej ect this whole thing just to spite them, but I don't
think we're about ready to do that. What would be the loss to us to do
that?
CHAIRMAN COYLE: That's right.
COMMISSIONER FIALA: But what about now the HUD
dollars that go for the affordable rental units that are not affordable?
Is there anything that -- there that we can do through this program?
MR. GIBLIN: If the HUD dollars are involved in a rental
development, or any development for that matter, there are very strict
monitoring requirements that must be met, affidavits on a yearly
compliance.
COMMISSIONER FIALA: Yes. But I meant the -- but being
that our median income is so artificial compared to the rest of the
whole country really, artificially high, is there anything we can do
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April 12, 2005
about making affordable rental units that HUD sponsors or pays into
affordable?
MR. GIBLIN: Certainly. When we develop our applications for
the -- we mentioned that most of these funds, or some of these funds
will be available for application by developers or nonprofit groups or
community housing partnerships. When we develop those
applications, they'll be weighed, and one of the ways we weigh them
is, what incomes do you serve? Do you actually serve the very low
income, and they'll receive a higher score.
COMMISSIONER FIALA: But they can serve the very low
income and still charge $1,049 a month for a three-bedroom
apartment.
MR. GIBLIN: Depends on how -- what percentage we decide to
put in the -- what percentage they propose to provide housing.
COMMISSIONER FIALA: Which then it encourages three and
four families to live in a place. I'm -- what I'm trying to do is, through
your program, maybe you can help us out so they really are
affordable.
COMMISSIONER COLETTA: Commissioner Fiala, they can't
address how many people live in there on a daily basis.
COMMISSIONER FIALA: Sure.
COMMISSIONER COLETTA: That's your code in your
regulations here, and our county government's supposed to enforce
what we already put into place, which is very good rules. That's not
their responsible. They're just supposed to make sure that it comes
together and that the terms are there. But the daily code enforcement,
that belongs to us.
COMMISSIONER FIALA: I'm sorry. Maybe I'm missing the
point here, and what I -- the point I was trying to make was that when
HUD pours in some dollars to us, they should truly be affordable
rather than too high priced for those people to live in, which then
forces this three- and four-family situation.
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April 12, 2005
COMMISSIONER COLETTA: Catch 22.
COMMISSIONER FIALA: Yeah. I'm talking about something
-- you know, you think that it can have HUD financing, you pay 650 a
month, not 1,050.
COMMISSIONER COLETTA: In the real world that would be
great.
MR. GIBLIN: And, Commissioners, we will address that --
COMMISSIONER HALAS: Put it in --
MR. GIBLIN: -- through all-- through our evaluation and
selection criteria when we go through the application procedure for
the funding. That will be priority number one is what income level do
you propose to use our dollars for.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: I thought that was a requirement of the
program.
MR. GIBLIN: Certainly, but the requirement is less than 80
percent of median, meaning low income. I think the commissioner
has expressed concern that 80 percent of median produces rents that
may not be affordable.
COMMISSIONER FIALA: Yeah, right. Thank you, and you
explained it so much better than me. Thank you.
CHAIRMAN COYLE: Okay. Any further comments by any of
the commissioners? We have a motion on the floor, if I remember
correctly, by Commissioner Coletta, seconded by Commissioner
Halas?
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: No. Commissioner Fiala, did you
second it?
COMMISSIONER HALAS: I did.
MS. FILSON: Uh-uh.
CHAIRMAN COYLE: Okay. I thought Commissioner Halas.
Okay.
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April 12, 2005
Any further discussion?
(No response.)
CHAIRMAN COYLE: We're going to close the public hearing.
No public speakers, right?
MS. FILSON: Correct.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saYIng aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Commissioner Henning opposes. That
passes 4-1. Thank you very much.
Can we get to the sheriffs --
MR. MUDD: Sir, I'd ask you go to 10E so I can get the sheriffs
employees back on the street.
Item #10E
SHERIFF'S FY05 BUDGET APPEAL BY PROVIDING THE
SHERIFF HIS FAIR SHARE OF THE FUNDS FROM RECENT
REIMBURSEMENTS FROM FEMA AND THE DEPARTMENT
OF JUVENILE JUSTICE FOR SHERIFF OPERATIONS IN FY05-
APPROVED
Number 10E, and that's at board's deference. 10E is to resolve
the sheriffs FY-'05 budget appeal by providing the sheriff his fair
share of the funds from recent reimbursements from FEMA and the
Department of Juvenile Justice for sheriff operations in FY -'05.
Mr. Mike Smykowski, director of office management and budget
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April 12, 2005
will present.
MR. SMYKOWSKI: Good morning, Commissioners. For the
record, Michael Smykowski, O&B Director. The objective is to
resolve the sheriffs FY-'05 budget appeal by providing additional
funds for sheriffs operations in '05.
As you're all aware, the sheriff had filed an appeal to his FY -'05
budget. The appeal process, however, is lengthy, and settlement of the
funding dispute between the parties is encouraged thereby eliminating
the need for the governor and cabinet to impose a binding decision on
you as the local elected body relative to the appropriate level of
funding for law enforcement.
To that end the sheriffs office and the county manager's office
have negotiated a settlement agreement regarding FY -'05 funding
levels. The additional amount of funding to be provided would be
$2,468,178 and consists of four components.
The first three involve proportionate shares of FEMA
reimbursements, as Mr. Mudd alluded to, as well as Department of
Juvenile Justice funding that was appropriated in this year's budget.
That is no longer required in FY -'05, as there was a favorable court
ruling in favor of Florida counties relative to this unfunded mandate.
And the fourth component would be the board's commitment to
fund from general fund reserves 931,000 in capital equipment
associated with growth-related positions in the sheriffs adopted
FY-'05 budget. During the budget process, the capital equipment was
removed from his operating budget on the assumption that a law
enforcement impact fee would be implemented.
MR. MUDD: And that impact fee should be coming to you at
one of your meetings in June, as the schedule goes.
MR. SMYKOWSKI: Yes. Therefore, relative to the 931,000,
we're characterizing that as a loan from the general fund, and should
the board later adopt a law enforcement impact fee, we discussed with
our impact fee consultant the ability to repay the general fund that
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April 12, 2005
$931,000, and the added benefit obviously would be, in subsequent
years, additional growth-related positions in law enforcement. The
capital equipment associated with each of those respective positions
would also be impact fee eligible and thereby relieving some of the
general fund burden of funding that capital equipment associated with
those growth-related positions.
That concludes my presentation. The staff recommendation is to
approve a budget amendment appropriating those additional funds to
the sheriff.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Just so that I get this clear in my
mind, the impact fees are going to be something that we're going to
initiate in an upcoming board meeting so the additional -- the other
three categories of funding, the two being FEMA and the one being
the Department of Juvenile Justice, this is a one-time appropriation of
funds that are going to be turned over to the sheriff; is that correct?
MR. SMYKOWSKI: Yes, sir. This would resolve your '05
budget dispute.
COMMISSIONER HALAS: So this is -- this is not to be looked
forward to in the 2006 budget; is that correct? Because we're -- unless
we have a --
MR. MUDD: Commissioner, the sheriffwill--
COMMISSIONER HALAS: -- hurricane; is that right?
MR. MUDD: The sheriff will come forward with an '06 budget,
sir. We expect to have that by 1 May. And he's still going through the
pains of making that budget before it's presented to the chairman, and
he's who -- he gets the first letter, and you all get additional copies. So
it's -- these are one-time monies, sir.
COMMISSIONER HALAS: One-time monies, okay, I
understand, got ya. Just want to make sure that the clarification was
there that this is one-time monies that we're being -- addressed as far
as addressing the issues that we had with the sheriff --
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April 12, 2005
MR. MUDD: Yes, sir.
COMMISSIONER HALAS: -- in regards to his budget.
MR. MUDD: Basically a majority of this is carry forward
money that's coming into the county from '04 expenditures, into '05.
COMMISSIONER HALAS: Thank you very much.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I'd like to applaud
everybody that worked on this together. It was a cooperative effort,
and it's appreciated by all.
And secondly, I would like to make a motion to approve the
budget amendment providing $2,468,178 in additional FY -'05 funding
to the Collier County Sheriffs Office.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Fiala to approve. Is there a second?
COMMISSIONER COLETTA: I'll give a second to that, and I
also wanted to congratulate you, Commissioner Coyle. You're the one
that carried the ball on this, and we do appreciate your effort.
CHAIRMAN COYLE: Well, thank you very much, but it's all a
team effort.
COMMISSIONER HALAS: Thank you very much.
CHAIRMAN COYLE: I'm working for you guys and the
people, so --
COMMISSIONER FIALA: You're doing good work.
CHAIRMAN COYLE: Thank you very much. Do I get a raise?
COMMISSIONER COLETTA: Do you clean houses?
CHAIRMAN COYLE: Yeah, I do, as a matter of fact.
Okay. We have a motion by Commissioner Fiala, a second by
Commissioner Coletta.
Any further discussion by the board members?
We have a public speaker, I'm sorry, before we have that vote.
MS. FILSON: Yeah, Mr. Kenneth Thompson.
CHAIRMAN COYLE: Three minutes.
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April 12, 2005
MR. THOMPSON: My name is Kenneth Thompson, and I live
at 2831 Becca Avenue. Before you give this guy any money here,
first thing is, is I want him to get some deputies on Bayshore Drive.
They keep right on -- I hired an investigator to go from one end of that
thing -- if you don't think $500 a night ain't a lot of money to you.
There is nobody on that street. And like I said one time before, if
these deputies wants a vacation, all they got to do is to get off of
Bayshore Drive, if you can get them there, and go around them streets
in the back.
You got more people, drunks and drug addicts, back in those
streets. And these deputies are mighty fine people, but they don't get
their recognition of what they supposed to have.
They should -- if he's going to get money, you give them a 25
percent raise out of this money and make Hunter -- he's not here. He
never is. He won't hold still for you.
But I'm going to tell you, Saturday, this drunk come from over
the bridge, and it was looking for -- he come from over the bridge --
this woman was walking her dog, he come over the bridge and just
missed the bridge. He started taking down these lights that you put
out there, you know, those round lights like that. He started taking
them down and mahogany trees, he was taking them down.
Well, he couldn't get away. And I called the sheriff. It takes
them forever to get there. If I call them -- if I call them, it takes them
about two and a half hours for them to get there. This is no lie about it.
And you got a truck, a silver bed -- short bed pickup, that comes
in every morning, and these people are standing in this truck like
cordwood. He goes down, exactly three minutes, he's back. He's got
more people standing on a step bumper.
I have tried for a month to get that stopped, and then they keep
telling me that, we'll turn that over to the day shift. Well, that's eight
o'clock when they get there. I never seen a sheriffs department go to
work at eight o'clock. I thought you was supposed to work around the
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April 12, 2005
corner, you know, around the time.
But here's another guy here, his name -- his name is John Truitt,
he's a deputy sheriff, and he's got a piece of property right around the
corner from me right there, and he's got Ken Fox -- Mike Fox, and I
think he just made lieutenant, and I'm going to ask the sheriff to knock
him back to a road patrol.
Because he come over to my house, I never knew who he was,
and told me that John -- that John Truitt -- he told John Truitt not to
call me no more. Well, I didn't know he ever did.
But I left a few things on his recording that I'm good at, and I
won't -- I won't say I didn't, and I left a few for Mike Fox. But I want
him to bust him back because he come over there and he said to me
that John Truitt told him that he didn't have no brother or nobody
living in his house.
Well, I went and got a permit and he's also breaking the law with
code enforcement. Here it is right here. It says, John J. Truitt, Jill
Truitt, and Jesse P. Truitt, and they all live right in his house, and he's
lying to you. If he'll lie to me, what will he do to the sheriffs
department?
And here he is, just made lieutenant, and if he'll lie -- like I say, if
he'll lie to one -- to the sheriff, he'll lie to anybody. I mean, if he'll lie
to me, he'll lie to anybody, you better believe it. So don't think you
going to get away with it, because I went and pulled his permits, and
he pulled a permit -- he had a changed --
CHAIRMAN COYLE: Mr. Thompson?
MR. THOMPSON: -- three circuits.
CHAIRMAN COYLE: Mr. Thompson.
MR. THOMPSON: Okay. I'm going to go.
CHAIRMAN COYLE: Okay. Well, what I would ask you to do,
if you have complaints about the sheriffs department, go to the
sheriffs department and --
MR. THOMPSON: I did, I did. You can't--
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April 12, 2005
CHAIRMAN COYLE: -- talk with them.
MR. THOMPSON: -- get nowhere with them.
CHAIRMAN COYLE: The sheriff is not under our jurisdiction.
We can't order the sheriff to do anything.
MR. THOMPSON: I'm just telling you -- well, it's my tax
money you handing him.
CHAIRMAN COYLE: Yeah, that's true.
MR. THOMPSON: Okay. It's my tax money, and when you go
up messing around in North Naples, walking around up there, you're
walking on a lot of good stuff that I own right there, and I don't tell
nobody whose it is, but I'll give you free home and I'll pay the tax on
it, through their name.
But as God is my witness, this man is a gold digger.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. THOMPSON: Nothing but a gold digger, but the truth--
and here you got one more thing, if you don't mind me. And the
garbage trucks, Mr. Halas said he didn't want them around his house at
this time in the morning. You've got them out there at my house at
three o'clock in the morning dumping garbage. I can't get it stopped.
CHAIRMAN COYLE: Mr. Thompson.
MR. THOMPSON: Can't get DeLony back there to answer me.
CHAIRMAN COYLE: We're on the topic of the sheriffs budget.
MR. THOMPSON: Okay.
CHAIRMAN COYLE: Okay? Thank you very much.
MR. THOMPSON: I wouldn't give him a dime till he said he put
some deputies back on Bayshore.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. THOMPSON: Thank you.
CHAIRMAN COYLE: We'll keep that in mind for the next
budgeting year, okay.
We have a motion for approval.
Any further discussion by commissioners?
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April 12, 2005
(N 0 response.)
CHAIRMAN COYLE: Public hearing is now closed.
I'll call the motion. All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, by like sign.
It passes unanimously.
MR. GIBLIN: Thank you.
CHAIRMAN COYLE: Thank you very much. And we are
breaking for our -- wait, we have a sheriffs representative who is
going to thank us profusely for giving him this money.
MR. STREY: Absolutely, sir. That is the intent for which I rise.
CHAIRMAN COYLE: Okay, Greg.
MR. STREY: Greg Strey, Chief of Administration for Collier
County Sheriffs Office representing Don Hunter this morning.
As the commissioners have already done, I also want to
acknowledge the work that's gone into this settlement. I want to
acknowledge the action of the board this morning. I think it's a very
conscientious move on behalf of the -- not only the men and women
who work for the sheriffs office, but also the citizens of the county,
and it speaks well of the efforts that have gone into this thing overall.
I want to acknowledge the work that was done on the part of the
county manager and his staff. We never stopped working on this
through all the different machinations and phases, and I just wanted to
assure the public that we continue to adjust and to look at our funding
levels, and certainly this is something we feel that we can work with,
and we want to acknowledge also the staff of the sheriffs office who
also did their very best to make this a matter that is now resolved. So
I just want to acknowledge that and thank you.
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April 12, 2005
CHAIRMAN COYLE: Thank you very much Greg, appreciate
it.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: And that concludes this item. We are
breaking for lunch for one hour. We'll be back here at 1 :03.
(A luncheon recess was had, and proceedings continued with
Commissioner Henning and Commissioner Fiala being absent.)
CHAIRMAN COYLE: Okay. We're now back in session.
MR. MUDD: Ladies and gentlemen, take your seats.
Mr. Chairman, you have a hot mike.
Item #9A
RESOLUTION 2005-158: APPOINTING JOHN F. BARLOW, JR.,
AND JAMES A. VANFLEET TO THE COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE - ADOPTED
CHAIRMAN COYLE: Okay. County Manager, let us go to 9A,
appointment of the members of the County Government Productivity
Committee.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Okay. We have recommendations from
the committee for the appointment of John F. Barlow, Jr., and James
A. VanFleet.
COMMISSIONER HALAS: I make a motion for approval.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. We have a motion for approval
by Commissioner Halas, a second by Commissioner Coletta.
MS. FILSON: Is Commissioner Henning with us?
COMMISSIONER HALAS: I think he was just on the morning
session, wasn't he?
CHAIRMAN COYLE: I think so. I think so.
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April 12, 2005
MS. FILSON: Oh, okay.
MR. MUDD: The reason we switched around 8 is so he could be
here for the supennajority votes, and he has an appointment that he
has to make with family.
MS. FILSON: Okay, thank you.
CHAIRMAN COYLE: Is there any discussion by the
commissioners?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
CHAIRMAN COYLE: Any opposed, by like sign. It is
unanimous with the three present commissioners.
Item #9B
RESOLUTION 2005-159: APPOINTING DAVID LARSON TO
THE LEL Y GOLF ESTATES BEAUTIFICATION ADVISORY
COMMITTEE - ADOPTED
MR. MUDD: The next item is 9B, it's appointment of a member
to the Lely Golf Estates Beautification Advisory Committee.
COMMISSIONER COLETTA: I recommend that we appoint
David Larson.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. A recommendation to accept the
committee's recommendation of David Larson. A motion by
Commissioner Coletta, second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
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April 12, 2005
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
Any opposed, by like sign.
(N 0 response.)
CHAIRMAN COYLE: It's unanimous.
MR. MUDD: The next item is 9C, it's appointment of members
to the Radio Road Beautification Advisory Committee.
MS. FILSON: And, Mr. Chairman, this is the one that
Commissioner Fiala wanted to--
CHAIRMAN COYLE: Okay. Can we skip that one till
Commissioner Fiala gets here? She is on her way, by the way.
Item #9D
RESOLUTION 2005-160: APPOINTING NICK PENNIMAN TO
THE ENVIRONMENTAL ADVISORY COUNCIL - ADOPTED
MR. MUDD: The next item is 9D, it's appointment of member to
the Environmental Advisory Council.
CHAIRMAN COYLE: Okay. This was a quasijudicial
appointment. No recommendation was made, but there's only one
applicant.
COMMISSIONER HALAS: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Coletta to
appoint Nick Penniman as the technical environmental representative
from District 4 on that committee.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
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April 12, 2005
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It carries unanimously.
Item #9E
COMMISSIONER COYLE REQUESTING BOARD APPROVAL
TO SEND A LETTER OF SUPPORT TO THE NAPLES AIRPORT
AUTHORITY FOR THEIR EFFORT TO SECURE FEDERAL
ASSISTANCE UNDER THE SMALL COMMUNITY AIR
SERVICE DEVELOPMENT PROGRAM - APPROVED
MR. MUDD: Next item is 9E, and that's Commissioner Coyle
requesting board approval to send a letter of support to the Naples
Airport Authority for their effort to secure federal assistance under the
Small Community Air Service Development Program.
CHAIRMAN COYLE: And, Commissioners, this is a request to
send a letter of support. It involves no obligation for funding
whatsoever.
Commissioner Halas?
COMMISSIONER HALAS: Yes, Commissioner Coyle, I know
this is in your area. I have concerns because of the fact that there's an
awful lot of news lately in the paper about people concerned about air
traffic over their homes and stuff, so I was wondering how this would
play into -- if we go ahead and endorse a letter to the Naples Airport,
how that's going to affect what's going on presently with the talks of
all the jet noise.
CHAIRMAN COYLE: Yeah. There is a growing concern about
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April 12, 2005
noise in certain areas of the City of Naples. The Naples Airport
Authority is involved in the process of taking action to eliminate the
noisiest jet aircraft, and they're also taking a look at the traffic patterns
for both landings and departures.
I would say this particular support for the funding would not
impact that, and I would hope that it would not, well, I know that it
will not, deter them from taking the necessary action on noise -- noise
abatement in the City of Naples.
As a matter of fact, it might even help them continue taking
action on noise abatement in the City of Naples, that way they don't
have to spend so much of their own money on it.
(Commissioner Fiala entered the hearing room.)
COMMISSIONER HALAS: Yeah. I just don't understand how
they're going to address that. I mean, we're not here to discuss it
because there's only just certain areas that you can take off and land
from Naples Airport, the directions, so I'm not sure how they're going
to address that.
But I just wanted to make sure that it wasn't -- this wasn't going
to enhance the problem that's there. I know that more and more
people are living in the Naples area that own their own private or
corporate jets, so I'm not sure how we're going to address that.
COMMISSIONER COYLE: Yeah. And I really don't see a
connection between that and this particular letter, but it's certainly
something the Naples Airport has to continue to do.
COMMISSIONER HALAS: Okay.
COMMISSIONER COLETTA: I'd like to make a motion for
approval.
CHAIRMAN COYLE: Okay. Commissioner Coletta is
recommending approval. Is there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any further discussion?
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April 12, 2005
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(N 0 response.)
CHAIRMAN COYLE: Okay. It carries unanimously. I'll get
the letter out to them today. And as I said, it has no obligation --
carries no obligation for Collier County whatsoever.
MR. MUDD: Commissioner, that brings us back--
COMMISSIONER FIALA: Are you going to hand deliver it so
that they have it there --
CHAIRMAN COYLE: It's the 18th. They have to have it -- they
have to submit their stuff by the 18th. I think the letter will be out of
here today, and they will probably have it tomorrow, so -- but we can
have it delivered if necessary. Okay. Good.
COMMISSIONER FIALA: Thank you.
Item #9C
RESOLUTION 2005-161: RE-APPOINTING WILFRED JAEGER
WITH WAIVER OF TERM AND APPOINTING GLORIA
PATTERSON - ADOPTED
CHAIRMAN COYLE: Now let's go back to 9C.
MR. MUDD: 9C, and that's an appointment of members to the
Radio Road Beautification Advisory Committee.
COMMISSIONER FIALA: Yes. I wanted to -- I wanted to
nominate Will Jaeger because he's done such a good job there, and
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April 12, 2005
Gloria Patterson, who has been -- who has applied for this and has
been following this closely, to be able to be a part of that. She's
shown so much interest that I would like to nominate her as the second
person.
MS. FILSON: And Mr. Chairman, if these appointments are
made, Mr. Jaeger has served two terms, so that -- we'll have to waive
that section of the ordinance.
CHAIRMAN COYLE: And that's included in your motion?
COMMISSIONER FIALA: And I waive that second term.
COMMISSIONER HALAS: Also my second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala,
second by Commissioner Halas for the appointment of Wilfred Jaeger
and Gloria Patterson.
Any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: All opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you very
much.
Item #1 OC
PHASE TWO OF A CONTRACT FOR RFP-04-3629
"CONSULTANT SERVICES FOR THE PUBLIC INVOLVEMENT
ELEMENT OF THE METROPOLITAN PLANNING
ORGANIZATION LONG-RANGE TRANSPORTATION PLAN
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April 12, 2005
2030 UPDATE" IN THE TOTAL AMOUNT OF $180,153.63.-
APPROVED
MR. MUDD: Commissioner, that brings us to 10C, and that's a
recommendation to approve phase II of a contract for RFP-04-3629,
Consultant Services for the Public Involvement Element of the
Metropolitan Planning Organization, long-range transportation plan,
2030 update, in the total amount of$180,153.63.
The long-range transportation plan update is available for review
in the county manager's office, second floor, W. Harmon Turner
Building, 3301 East Tamiami Trail, Naples, Florida, and your
Metropolitan planning organization director will present.
MR. BARMBY: Good afternoon. For the record, my name is
Chuck Barmby, Director of the Collier Metropolitan Planning
Organization.
Back last September the Board of County Commissioners
approved phase I of a public involvement contract for the 2030
long-range plan update. As a condition of that approval, once we got
beyond the halfway mark in phase I, we were to come back and
present to you the status of the phase I activities and ask for approval
for phase II.
At this point, phase I has primarily involved data collection and
informing the public about the pending update of the long-range plan.
As part of this effort, not only were there workshops and
meetings with small groups to outline the long-range plan process,
informing them of that process and important dates to keep in mind
throughout the development of a long-range plan, it also involved the
development of a website related directly to the long-range plan
update and also the development of community characteristic fact
sheets and community boundaries.
This will help not only identify communities that would be
impacted by proposed transportation proj ects consistent with state and
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federal regulations, but also would help us to determine where to
target certain transportation projects during the long-range plan
update.
Phase II, which we're asking approval for today, is where we start
really getting into the meat and potatoes of the public involvement as
it relates to the development of a needs network and cost-feasible
network.
Up until this point, we've been developing the population
employment forecast, the data from which those networks will be
based, and from this point forward, we'll actually be showing the
public lines on the map, proposed networks, the evaluation that will be
taking place through cost-feasible plan adoption in December of this
year.
With me today also is Chris Cella (phonetic) and Jennifer
Dorning (phonetic) with Cella and Associates if you have any specific
questions about what has been done up to this point.
Included in your packets is a manual that identifies what has been
done up to this point. And pretty much, that's what we'll be requesting
today is Board of County Commissioners' approval for phase II.
CHAIRMAN COYLE: I don't see any questions from board
members, but let me ask a question.
We do these public outreach things on all of the projects we
consider for the county. Is the reason that you're asking for this
funding for the Metropolitan Planning Organization because you don't
have the staff to do it yourself, and if you did not hire a consultant to
do it, we would have to give you some staff people to do the job; is
that basically what we're saying here?
MR. BARMBY: That's certainly one of the main points at this
point in time.
CHAIRMAN COYLE: Okay, okay. I must admit, in looking at
some of the public input, I wonder if the money is really being well
spent, but I don't see anything in here that's a surprise, like expand
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1-75, extend 951. You know, I know the public has to have input here,
but I didn't see anything in this portion of the study that told me
something that I didn't know two years ago.
But nevertheless, if we don't approve this, you're going to have to
get staff from somewhere to do it, right?
MR. BARMBY: Yes, sir.
CHAIRMAN COYLE: Okay. All right. Thank you very much.
Commissioners Halas?
COMMISSIONER HALAS: Are we also working in
conjunction with Lee County in addressing not only the situations that
we have here in Collier County, but also to look at a bigger picture so
that we work together some way or another so that we can address the
transportation needs of those two fast-growing counties?
MR. BARMBY: Yes, sir. In fact, the sister component of the
long-range plan update, the technical part of this includes the
development of a regional travel model that looks at travel demand
between both Lee and Collier Counties.
The land development forecasts are based on a consistent
methodology to address that very issue, and there's also development
of a regional long-range plan and a regional public involvement
component as well. So we're working very closely with our
colleagues to the north of us to make sure that our networks are both
developed jointly and that they're consistent with each other.
COMMISSIONER HALAS: I have one follow-up question.
What are we doing for alternate means of transportation so that we
don't continually lay concrete?
MR. BARMBY: Part of the -- we've got two parallel efforts that
are underway right now. Of course, the long-range plan is the major
planning effort for the MPO, but we are also working on a
comprehensive pathways plan that is paralleling, using the same data
so that it's consistent with the long-range plan, and the county's
alternative transportation modes department is -- has kicked off the
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update of a transit development plan which will also use a lot of the
same data.
So we've got parallel efforts that will come together and be
incorporated into one plan to address the different modes of
transportation. It's all being developed using the same data. The
public involvement efforts, we're trying to coordinate those where
possible, and certainly that's what we want to do is have a balanced
long-range plan when things are said and done.
COMMISSIONER HALAS: Well, I'm talking about where we
can move mass -- masses of people in a short period of time without
adding more concrete and encumbering what we have now.
MR. BARMBY: And that's -- something else we're looking at is
a congestion management system update. And one of the -- what we
-- part of this whole effort is to move people without adding lanes.
In corridors like Airport Road, certainly that's not -- that's not
possible, the same with Pine Ridge, and at some point 41 and some of
our other major corridors. And so what we want to do that very thing,
is look at how we can improve transit service to make it more
attractive to choice users so that they can use that as opposed to
getting in their car.
And I know that Collier Area Transit has been talking with Lee
Tran to make sure that the two systems, you know, either link or
coordinate at some point in the future, so those discussions are
certainly underway.
CHAIRMAN COYLE: Okay. Any other questions by
commissioners?
Commissioner Fiala?
COMMISSIONER FIALA: Yes. You know, I've been kind of
pushing the six-Ianing of the 1-75 corridor, just that last little piece.
As you do this new study, and so forth, and if you find the figures
are greatly different than the ones that the state used in originally
deciding not to widen that, will you then be able to work with the state
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and say, hey, the figures show we need it now or something?
MR. BARMBY: And really with 1-75 is the question more of
timing than anything. Certainly that's going to be in the long-range
and I know it's in DOT's long-range plan. Certainly the big issue is
going to be how it can be advanced.
And with the $50 million price tag from Golden Gate down to
951, one of the things we'll be working with DOT throughout this
entire process is looking for opportunities to advance those types of
projects where possible.
COMMISSIONER FIALA: Now, you would question that $50
million, wouldn't you? I mean, being that -- you know, I had a little
talk with them, $50 million for three miles when their equipment is
there, the people are there, and they already own the right-of-way,
seems to be a little much, and I think that, you know, that is a high
figure. Just maybe if it was -- if it was a more realistic figure, being
that it only cost 146 to do the other 20 miles, you know, it kind of tells
you that 50 isn't right. Is that something you will be discussing with
them?
MR. BARMBY: Sure.
CHAIRMAN COYLE: Okay. Any other questions?
(No response.)
CHAIRMAN COYLE: Is there a motion?
COMMISSIONER HALAS: Motion for approval.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion for approval by Commissioner
Halas, a second by Commissioner Coletta.
Any further questions by commissioners?
(No response.)
CHAIRMAN COYLE: Hearing none, all in favor, please signify
by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
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April 12, 2005
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. BARMBY: Thank you.
MR. MUDD: Commissioner, I'd like to wait on 10D because the
consultant's plane arrived here about 20 minutes ago, and he's on his
way down.
Item #1 OF
(1) AN INTERLOCAL AGREEMENT WITH THE BOARD OF
SUPERVISORS OF THE AVE MARIA STEWARDSHIP
COMMUNITY DISTRICT, WHEREBY COLLIER COUNTY
AGREES TO RESERVE TO THE DISTRICT SUFFICIENT
CAPACITY ON COLLIER COUNTY'S ROAD PUBLIC
FACILITIES TO COMPLETE THE BUILD-OUT OF THE TOWN
OF AVE MARIA, AND (2) A DEVELOPER CONTRIBUTION
AGREEMENT WITH AVE MARIA DEVELOPMENT LLLP,
WHEREIN THE COUNTY HAS AGREED TO ACCELERATE
THE WIDENING OF OIL WELL ROAD FROM IMMOKALEE
ROAD TO CAMP KEAIS ROAD, IN EXCHANGE FOR THE
DONATION OF AN ESTIMATED $7,500,000 IN RIGHT OF WAY
AND OTHER SUBSTANTIAL CONSIDERATIONS - MOTION TO
CONTINUE ITEM TO THE APRIL 26, 2005 BCC MEETING -
APPROVED
So if we could go to 10F and we'll come back to -- we'll come
back to D as soon as that consultant that did the study comes into the
chambers.
10F is a recommendation to approve and authorize the chairman
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to sign an interlocal agreement with the board of supervisors of the
Ave Maria stewardship community district whereby Collier County
agrees to reserve to the district sufficient capacity on Collier County's
road public facilities to complete the build-out of the town of Ave
Maria, and, number two, a Developer Contribution Agreement with
Ave Maria Development, L.L.L.P., wherein the county has agreed to
accelerate the widening of Oil Well Road from Immokalee Road to
Camp Keais Road in exchange for the donation of an estimated
$7,500,000 in right-of-way and other substantial considerations.
The executive summary and agreements were distributed last
night late. My apologies for that because we didn't get the agreement
done per se till close of business Friday in the evening, and we didn't
get a copy to go to final staffing until yesterday morning.
So when the ink finally dried on everything, it was last night
around five o'clock, and we faxed and we e-mailed the agreement and
the executive summary to all commissioners. It was missing some of
the exhibits. We have all of those exhibits today. It's either a
document, a legal description or, you know, an alignment of the
right-of-way to be given, and we can put those on the visualizer for
the board. But the substantive parts were given to the board members
last night, with the exception of Commissioner Henning because he
was already -- he was already with family and didn't have the fax
machine. If he was up on his e-mail, which he took with him, then he
could have seen those documents.
CHAIRMAN COYLE: Okay. Are you going to make a
presentation or is it legal staff?
MR. FEDER: Mr. Chairman?
MR. MUDD: Mr. Norm Feder --
CHAIRMAN COYLE: Are we going to hear from legal staff
also?
MR. FEDER: Yes.
CHAIRMAN COYLE: Okay.
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MR. FEDER: For the record, Norman Feder, Transportation
Administrator. As we've discussed the need to make some changes in
the eastern part of the county to start going from just trip generation
residential, we've got a unique opportunity with our two stewardship
areas, our four villages, and this is the first to come in and probably
the strongest catalyst to some of the change that we're going to
experience here in the county, especially in the eastern section.
You've got 4,995 acres to the town Ave Maria. That's going to
include 11,000 residential units, 690,000 gross square feet of retail
service space, 510,000 square feet of office, 400 hotel rooms, 6,000
student university, 450 units of assisted living facilities, 1,4 -- 1,048 --
148,500 square feet of civic community and miscellaneous facilities,
35,000 square feet of medical facilities, public K through 8, K through
12 private school, and on and on and on.
This is a rather massive development, one that is very, very
significant to the county, as I said, in and how it will start to shape the
evolution out in the eastern part of the county.
To come forward with this project, as you know, the
development of regional impact has progressed forward on the proj ect,
and for the county to address how we're going to respond and work
with it, we have two items you have particularly in your package
today.
The first is an interlocal agreement with the special district itself.
The major issue on that one -- and I'll have Jeff from legal tend to
both of these in a little bit more detail on the specific -- but it basically
provides for reservation of capacity for the town of Ave Maria since
the project will be built out over a 10-year time frame, to give them
that level of guarantee for them to come forward.
But recognizing that effort, the second item you have is a
Developer Contribution Agreement, and that Developer Contribution
Agreement is directed at making sure that they assist us in providing
some of that infrastructure that's necessary for that development to
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proceed.
As Jim pointed out, there's some funds that they're providing
between right-of-way, that they're providing up to 200- foot
right-of-way corridor throughout. We have right-of-way that varies
from just under 100 feet to just about and just a little bit over 100 feet
along that section of Oil Well Road. They're going to guarantee us
200 feet throughout even so that we can develop a four-lane urban
section with the ability to move to six in the future. The same on
Camp Keais, as well as a section of Immokalee Road.
And I'll put that graphic up to make sure that everybody knows
what we're talking about.
As you see here, Oil Well, from their basic property line on over
to Camp Keais, then up Camp Keais to where it joins with Immokalee
Road again, and then the section of Immokalee Road up to the urban
area of Immokalee.
Again, with what we're doing, and then this would be -- this
agreement will also address the remainder of Oil Well Road over to
Immokalee itself, this develops that overall corridor that we're
working on right now with three projects that go from 41 out to 43rd,
or by the fairgrounds on Immokalee Road, and then we're looking at
how's our best way to get to and to service Immokalee.
And at some time before we'd already decided it was Oil Well
Road, then along comes Ave Maria, and it made that decision quite
obviously. And so that's why we're progressing along, so we'd already
determined that we needed to widen Oil Well, Camp Keais, and
Immokalee in our effort to get out to Immokalee proper.
And so this is an effort to help bring that forward, and the
developer is looking to pipeline along this section. You'll see that in
some of the agreements that they're utilizing there for their pipelining
efforts.
So we're talking about effectively what they value as some
$7,800,000 in right-of-way to provide that 200-foot continuous
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corridor on these three segments I just showed you. That's about 156
acres on approximately 13 miles of roadway, and so that's a very
significant effort to try and assist on development in this corridor.
They've committed to traffic signals. We have to agree to access
points, warrants have to be met, but where they are met and we agree,
then they are to pay the full cost of any traffic signals.
Stonn water drainage, very significant. In addition to the
right-of-way that we noted on this approximate 30-mile corridor,
we've got a commitment in here in the Developer Contribution
Agreement and the interlocal. But in the Developer Contribution
Agreement for the developer to provide three acres, one acres for
every three miles -- three acres suitable land per mile of roadway. So
what we're talking about --
MR. MUDD: Nonnan, if you'd go back and clarify that--
MR. FEDER: Yes, it's three acres per mile of road.
MR. MUDD: Thank you.
MR. FEDER: So we're talking roughly about 39 acres. Either
they provide the acreage or they take it within their stonn water
system, or some combination, equivalent of the two. That's estimated
at 1,500,000 of value to the county.
Also the developer, as they go to develop their site, they're going
to create some fill, and they've agreed to provide us fill at their cost for
both the Oil Well Road and for the Camp Keais section.
Your executive summary, not the Developer Contribution
Agreement or the interlocal, but the executive summary also identified
that section of Immokalee north of Camp Keais, and that is not in the
Developer Contribution Agreement or the interlocal. I need to make
that point. So that fill is only for the Oil Well and the Camp Keais
sections, just to clarify that.
So as you look at the agreements, it didn't include what was
written in the executive summary on the section of Immokalee Road.
But a provision of that fill is very significant. Obviously we
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don't have to pay for the transport costs, and that's why there's a lot of
savings. That savings is estimated about $10 million from the fill that
will be provided out of Ave Maria, in the town of Ave Maria.
All of these items I mentioned, the right-of-way up to 200 feet,
the traffic signals, the storm water, and then the fill at their cost, which
becomes a savings, none of these are impact fee creditable. We have
to pay for the fill at their cost, but the others are free to the county at
no impact fee credit or provision.
The last item that we have in here under the developer's side is
the design and permitting. They are -- and they're going to initiate it.
They're going to do the design for the proj ect, get all the permitting in
hand.
They will get impact fee credits for that effort. That is estimated
approximately about $6 million for design. That is an item that will
be revised and looked at as soon as we get a full estimate of the design
cost. But in that design they will incorporate a wildlife crossing,
something important in this area, that we had talked already to groups
about, when we developed Oil Well, that we needed to have a wildlife
crossing, so that will be in the design.
And then they will get, as I said, impact fee credits. But also as
you see in the Developer Contribution Agreement, the provision in
paragraph 9 on page 5 is that they have to wait until they have brought
forward as they basically have committed in their schedule six and a
half million dollars worth of impact fees that they anticipate by 2007.
Only after they've brought forward that much in impact fees that
they pay can they then start asking for reimbursement of these credits,
which will be for the design, and then it's based on a 50 percent credit
as they come forward; in other words, one dollar for every two dollars
of impact fees that they pay, they can then seek the credit back on. So
that will ensure that we keep an income stream to keep moving on this
project on Oil Well.
The next section I'll point out to you is the county in this
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Developer Contribution Agreement is going to actually proceed on the
construction. And what we've scheduled in your agreement is three
sections for that construction. The first is Immokalee to Everglades
Boulevard. It's an area that very heavily is in demand right now, the
high school, the middle school, all the development in that area.
The next section, or section two, would be on the east end as
Jim's pointing out basically out in front of Ave Maria itself, and then
the third section would be the balance or in the remainder. So
essentially in the first section you're getting from Immokalee to
Everglades, in the second section you're getting from Camp Keais on
over towards DeSoto, not quite to DeSoto, and then the last section
you're going from Everglades over to east of DeSoto.
What we've committed to is 2007, to start both the east and the
west portions at the same time. This is a very long corridor. Rather
than putting all of it under construction at one time, based on its length
and cost, do those two sections, and then come back -- and about half
the cost is in that middle section.
And the commitment there is that we will seek to proceed on that
in 2009 and' 1 0, based on impact fee collections in the area and how
the development progresses.
And it's important to note also in paragraph 9 on page 5 of 10 of
the agreement that we've made it very clear in there, go over the last
sentence in there, that it is subject to impact fee structure remaining
substantially intact. It doesn't escape any of us that there's issues out
there, and so we want to make sure that we covered that in this
Developer Contribution Agreement, and you'll see that in there.
The last thing that I'll point out to you is we do have an idea of
the projected impact fees from Ave Maria. They've shown what they
anticipate generally by year. The importance of that is, the agreement
also provides that if after year seven over this sort of 10-year build-out
that's anticipated, if, in fact, they're not building out as anticipated we
could mutually go back and modify or change out this agreement.
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That's provided for in the interlocal and the DCA.
The other point is to look there -- and you see the 62 million plus
that's anticipated in impact fees from Ave Maria, which more than
exceeds the cost of construction itself. But, of course, that 62 million
sent isn't acquired totally until 10 years out, and you're starting
construction on two sections in 2007, and then the balance, hopefully
if impact fee is generated in 2009 or '10, which is an advance of when
all the fees are collected, but nonetheless you've advanced a proj ect
important to the county, important also as we seek to change the
nature and flavor of how we're developing east of 951.
With that said, I'd just tell you that it is consistent with our
long-range plan. It's definitely consistent with what we see coming
out of our needs east of951. I'll ask Jeff to give you a better feel on
the nature of what you're dealing with legally in the interlocal and the
Developer Contribution Agreement.
And, of course, we're available for any questions you might have.
CHAIRMAN COYLE: We have questions from two
commissioners. Commissioner Halas?
COMMISSIONER HALAS: To start with, I didn't receive this
packet of information until I walked in the office this morning at eight
o'clock, so I haven't really digest (sic) this.
I do have some concerns about how this is going to -- how this
whole scenario is going to come out when we have to address what's
going on right now in the state legislature with Senate Bill 2302.
I also have some concerns when we look at, on the first page.
That's about as far as I got. In fact, got to the second page. When
we're talking about 11,000 residential units. I've heard different
scenarios here. I've heard that we're going to have a population of
20,000, then it was 30,000. The last estimate I heard was 45,000. So
I'd really like to know exactly what we're dealing with out here as far
as the build-out population for this whole area.
And when you say that they're going -- that the developer is
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going to give us the fill at his cost, what are we talking about at cost?
MR. FEDER: Basically the cost -- the cost that it costs them to
permit, get the excavation capability, and then to actually excavate the
material for it to be provided on site. That's the cost we're going to
pay.
What it does is save us a good $3 plus on transport costs that we
typically experience when we try to seek fill, plus it also keeps traffic
down during that time because the fill is then able to be acquired
pretty much on the site.
COMMISSIONER HALAS: Okay. What are we talking about
population here? Are we talking 20,000 or 45,000?
MR. FEDER: I will defer to the petitioner on that, but what I
gave you is what's in the agreements and in their developer -- in the
DRI, and that's 11,000 actual residential units. But I don't know that I
can hit what -- their exact build-out population. They also have the
others --
MR. MUDD: Mr. Varnadoe just let me know -- he's got an
Achilles tendon problem right now. But he let me know that it would
be around 23,000, sir.
COMMISSIONER HALAS: Twenty-three thousand?
MR. MUDD: Yes, sir. I just asked him the question.
COMMISSIONER HALAS: Okay. The other question I have
is, how are we going to address the Oil Well Road and Immokalee
portion there? I know that we've talked in regards to our
transportation issues of some way or another finding an avenue of
addressing the amount of traffic that's going to be on Oil Well and to
basically circumvent to where the school is and where Waterways is
and Orange Blossom, or Orangetree, excuse me.
MR. FEDER: Yes.
COMMISSIONER HALAS: Can you enlighten me how -- when
we're going to approach that scenario?
MR. FEDER: Okay. Initially -- of course, I only have two lanes
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out there today. What this will do is establish four-Ianing throughout
the length. The option for six-Ianing probably is on the other side of
the schools, or east of there. So as you point out, I've got a constraint
built in as the overall area develops, not only Ave Maria, but other
items that haven't developed but will develop out in that area.
So we will need the six -laning on the east end at the time. I'll
also need some refinements on Randall and some connection and
some work on Everglades. Some of that's in our work program in the
outer years.
The other thing I'll point out to you, you've got another
stewardship district that we're working with, Big Cypress, and we
anticipate that while this effort is addressing Oil Well Road, that that
other project will help us as we develop that crossover, improvements
to Randall, and for that matter, connections to Vanderbilt Beach Road
and to Golden Gate Boulevard in the future.
The other thing, Commissioner, you pointed out, and I want to
make sure I emphasize this, if I can call your attention on the
developer contribution portion, page 5 of 8 -- I'm sorry, I've been
saying 5 of 10.
COMMISSIONER HALAS: I didn't read it all, so you're going
to have to --
MR. FEDER: I appreciate that, and that's why I'm trying to be
very, very detailed in this discussion. And any question you have, I
want to try to answer.
But if I can call your attention to paragraph 9 that's on page 5 of
8 of the Developer Contribution Agreement, in particular where it says
-- the last sentence there, where the county, in good faith, commits to
complete construction of the project by 2010 subject to its road impact
fee structure remaining substantially intact, receipt of sufficient road
impact fees, and delays -- caused by force majeur.
Bottom line is that we made sure, given the uncertainty of those
issues that are out there in the legislature right now, that we put that in
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April 12, 2005
here to reflect the fact in if, in fact, impact fees, which are the way that
are seen both to fund this and to reimburse it in the overall analysis
aren't going to materialize, then that's of concern, because this is seen
as funded by this development and other development that is growing
in that area.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. On that same page, as you
were showing us -- again, I'm just like Commissioner Halas, I haven't
been able to read anything, so --
MR. FEDER: I appreciate that, Commissioner.
COMMISSIONER FIALA: You said that it's going to go in
phases, first phase, second phase, and third phase.
MR. FEDER: Correct.
COMMISSIONER FIALA: And the way it looks on the map
here, it doesn't look like you're filling in that middle connecting
portion until the last. How do the construction vehicles get to and from
the job site?
MR. FEDER: Well, first of all, as I said, the construction
vehicles will get there, they'll be on the job sites themselves. But I
think the key part of this is, is what we're looking at is a very long
corridor on Oil Well, so the best way to approach it is to go from both
ends, and then once we're completed with that, that's why I said it
wouldn't be until 2009 or '10 before we started the middle section.
The first section will get you from Immokalee over to
Everglades. That's a good logical term. That's the most immediate
demand. The other one will get you out in front of Ave Maria and in
that area, and that allows us to have a logical-sized, although it's
bigger, middle section to be the last contract once the other two
contractors are out and off of the job site, and, therefore, there
wouldn't be the conflict with the middle section contractor.
COMMISSIONER FIALA: So that's how the construction
vehicles are -- I mean, they have a whole town to build, and I was just
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wondering --
MR. FEDER: They'll come in off Camp Keais as well as off Oil
Well, out in that area. There's not a lot of volume on either of those
today. I mean, there is volume, but not a lot of volume. But
obviously as development continues, that's going to increase
dramatically.
COMMISSIONER FIALA: Is this -- is that the intersection
where the people at Commissioner Coletta's district town hall meeting
were talking about with the light and the problem?
MR. FEDER: No, that is Everglades and Golden Gate
Boulevard, another important intersection, but not here.
COMMISSIONER FIALA: Oh, okay. And my last question is,
you said that it would be 10 years out before you get all of these
impact fees, but I don't know where that is here. Could you tell me
where to find that?
MR. FEDER: It's in the executive summary. It gives you a
schedule what they anticipate. And please understand, that's not a
guarantee on their part. But it's what they anticipate to be their impact
fee payments, because they're looking at basically a 1 O-year build-out
of this project. And so it's on the last page as part of your fiscal--
MR. MUDD: It's on your visualizer.
MR. FEDER: -- provisions. It's on the visualizer now, yes.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I just want to
remind my fellow commissioners that we have an opportunity here
that's -- we've put ourselves in a little bit of a box in away. Over the
years we've met the need for the urban area by mortgaging -- or
excuse me -- bonding out our gas for many years to come to pay for
those roads, we've committed all sorts of funds that we have available.
The only thing we have left now of any substance to be able to
build the roads out in the eastern part of Collier County is impact fees.
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This wouldn't happen without Ave Maria. I mean, we wouldn't be
able to count on a stream coming in. I can tell you right now, even
without Ave Maria in the horizon, out there in the area of Golden Gate
Estates, we're experiencing a growth rate of 20 percent a year. It's
phenomenal, and I don't see it letting up, that's before Ave Maria even
touches on the front door.
Ifwe wait for those impact fees to accumulate at a rate that
would be substantial enough to be able to move on this, I'm afraid that
the only improvement we'd ever see is maybe possibly a small little
improvement that would be from Immokalee Road maybe to
Everglades. Even that would have to be a number of years.
Ave Maria's going to be a tremendous benefit in that fact that it's
not only going to be an economic boom to the whole area, but it's
going to give us the resources, financial resources we need to go
forward.
I'll reserve any other questions I have until after I can hear from
our legal counsel.
CHAIRMAN COYLE: Okay. Thank you very much. Can we
hear from legal counsel?
MR. KLATZKOW: For the record, Jeff Klatzkow, Assistant
County Attorney.
The idea in generating these agreements was as follows: If the
county assumes that bringing the university to this area of the county
is in the public's interest, then what we needed to do was to reserve
sufficient road capacity to allow this university and the surrounding
town to build-out, because the problem that we were facing is that we
could build Oil Well Road out to them, but since they had a 10- year
time frame, the concern was that other developers along that corridor
would get there first with large proj ects and consume the entire road.
So the idea is really, but for Ave Maria, we would not be doing
this project at this time. With that thought, we decided to reserve to
the district, not to the developer, but to the district sufficient capacity
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April 12, 2005
so that they could, over the course of time, build out the university and
the supporting university town.
The other end of it is how we're going to pay for this, and that's
where the Developer Contribution Agreement comes in. And
negotiations went on and on and on even through last afternoon,
which is why you people were not given the opportunity to look at
these agreements beforehand, unfortunately.
And we've gotten to the point where we believe that we have a
fair agreement with the developer that will support the construction of
this road and hopefully with the fill will support the construction of
Camp Keais as well.
I mean, at the end of the day, this university's just going to open
up this entire area to development. It's just not going to be Ave Maria.
Other developers are going to come along this Oil Well Road
corridor. We're hoping for impact fees from them as well, and
hopefully there will be a cascading result from this so that we'll be
getting a number of impact fees so that we can build out the necessary
road system to support this entire area.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: When we say we've got to reserve
road capacity, what are we talking about, and how much?
MR. KLATZKOW: We're reserving enough road capacity so
that the university can complete the build-out.
COMMISSIONER HALAS: So we've got to have road capacity
for 20,000 people; is that correct?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HALAS: Okay. And then what about all the
other PUDs that are out in that general area, the geographical area?
MR. KLATZKOW: Well, we're reserve -- we're planning a road
here for six lanes. And if they want to come in and they want to pay
their impact fees and they want to develop the contribution
agreements as well, they can come on board as well. This -- the
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capacity is for a four-lane, but we're reserving enough to do a six-lane
so that we're not shutting anybody out. Anybody that wants to come
to the table and get into a developer contribution agreement with the
county, you know, is more than welcome.
MR. MUDD: Commissioner, when we cut this contract, we
envision what we're doing is -- when we cut the contract, we'll cut it in
three phases for construction; the first, the second, and the one in the
middle.
The one in the middle will be contingent upon the impact fee
stream coming in before we go. And it will also have another -- we'll
also have another option in that contract. We'll cut it for four, but
we'll have an option to go to six as we go when we lay that contract.
Because if you already have the contractor down -- we'll take a look at
those bids and see how it comes.
If we've already got the contractor on station -- and let's say that
Orange Blossom comes in or Orangetree, or whomever, or Big
Cypress -- which we haven't seen a plan yet -- come in and they say,
hey, they want to give umty-ump in impact fees, at that particular
juncture, we go to six lanes, and the contract will have enough
flexibility to allow us to do that without missing a beat in this process.
COMMISSIONER HALAS: My question here is, we're in the
process of, right now, six-Ianing Immokalee Road. Ifwe give a
precedence here and say that we're going to reserve traffic, we've got
all these other PUDs that are out there, we're going to have that road
already at max. And right now we've got some serious problems
trying to get Immokalee Road addressed so that it's at least six lanes.
How are we going to take on the additional traffic? Because we
know this traffic is going to come down Immokalee Road, we know
that it's going to impact probably 951, we know it's going to probably
impact Vanderbilt Beach Road and all the other roads there.
So tell me how the big picture is going to look here.
MR. FEDER: Okay, Commissioner, very important issue.
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April 12, 2005
Beyond Immokalee Road, as I mentioned, we're looking at, in your
work program, development of Vanderbilt Beach Road Extension
from 951 on out, as well as the extension of Golden Gate Boulevard,
which currently goes out to Wilson, all the way out to DeSoto.
Additional --
COMMISSIONER HALAS: When?
MR. FEDER: Basically right now in our work program, you've
got one in 2008 and one in 2009. Vanderbilt, I believe, is in 2008, and
Wilson Extension, 2009.
Those are set up to try and respond to the fact that we can't rely
solely on one corridor out there for all of our east/west movements,
although it has been the primary, and trying to bring that one forward
has been critical for us. And I'm either in '8 and '9 or '9 and' lOon the
two. I have to grab my work plan to tell you exactly. But those are
set.
The other thing we've started up in the program that you'll be
seeing shortly in the budget is work on Everglades as well as on
DeSoto and Wilson. I think it's critical though also to note that as this
other development comes forward, since we pretty well have
accommodated for the six -laning option on Oil Well in what we're
doing here, we see also their efforts to help us in those I just
mentioned as well as Randall and some connection between the two,
and that is very, very critical as well.
But as far as relief of Immokalee, that would be through
Vanderbilt Beach Road Extension and Golden Gate Boulevard
Extension and ultimately -- but it's a ways off, but we need to keep
pushing on it if it's going to happen -- and that is a new interchange at
Everglades and 1-75.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Before when we heard that the
total population at build-out of the town was supposed to be 23,000 --
now hotel rooms obviously, you know, have a lot of turnover. But the
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April 12, 2005
6,000 student university, is that figured into that 23,000?
MR. FEDER: No.
COMMISSIONER FIALA: And the 450 units of assisted living,
is that figured into the 23,000?
MR. FEDER: No, it is not.
COMMISSIONER FIALA: Okay. Thank you.
MR. FEDER: But you've got those additional impacts. The
overall impacts in transportation are figured, but as far as the housing
units, single-family homes is about the 23,000.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. A couple of things I
wanted to make perfectly clear is the fact that you have already
factored in the fact that the individual lots out within the Estates would
not be restricted as far as the -- any kind of future capacity on the
road.
MR. FEDER: That's correct.
COMMISSIONER COLETTA: They've already been figured in,
that being the individual family lots. They can't be -- a moratorium
can't be placed against them for any reason, and that's a Florida statute
and it's nothing that we have anything to do with. The people that
own those lots can rest assured that they retain their value, they don't
have to worry we'll get to a point in time because of this that they
won't be able to build.
COMMISSIONER HALAS: They just won't be able to move.
COMMISSIONER COLETTA: Well, that's why the roads are
being built. Everything's being done one step at a time. Would I have
liked to have seen it done 10 years earlier? Absolutely . Would they
have done it 10 years earlier if we all pushed them? I doubt it very
seriously. Population growth out there is just absolutely tremendous.
Trying to meet the need is a tremendous challenge.
If I may ask legal, what's the downside on this as far as our
ability to function in the future? Or is there one?
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April 12, 2005
MR. KLATZKOW: The only real downside is if you assume
that population will not continue to grow, which is, you know,
unlikely given the demographics of this country and the aging process
and the people coming down here to retire.
But, you know, should events happen and should people stop
moving to Collier County, then we could be in a bit of a bind on
impact fees so that these other projects may not be able to get done.
But, you know, that would be the case whether or not we do Ave
Maria or not, quite frankly.
MR. WEIGEL: Mr. Chairman and Commissioners, for legal I'd
like to add another comment, if I may, and that is, on page 5 of 8 of
the agreement, paragraph 9, which is at the top of the page, and it's
discussing the project, the last part of that paragraph entitled 9
specifically states, and I think this is a question Commissioner Coletta
is leading toward -- but it specifically states, all road impact fees from
District 5 and adjoining impact fee districts shall be prioritized for the
project after the necessary funds to complete the existing Immokalee
Road proj ect.
So to a certain extent I understand that it's indicating that the
Immokalee Road proj ect, of course, has the absolute priority, and then
indicates that second absolute priority is this proj ect, which is defined
in part with the portions of paragraph 9 above as well as the preceding
parts of the agreement, Camp Keais Road, Oil Well Road, et cetera.
But I think the question to ask is, what do we mean by this
statement referring to prioritizing and utilizing District 5 impact fee
funds as well as adjoining districts. Because as are you aware,
generally it is legal for the county to use impact fee funds collected in
adjacent districts in an immediately abutting district. And this would
appear to be a commitment relating to those things which may have
impacts beyond merely District 5.
But I raise that as a question you may wish to work with
transportation or staff a little further upon.
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April 12, 2005
CHAIRMAN COYLE: Oh, Commissioner Coletta's next.
COMMISSIONER FIALA: Oh. I just want to know what
number you were just referring to, please.
MR. WEIGEL: It's paragraph 9 on page 5, and it was the last full
paragraph of that itemized 9.
CHAIRMAN COYLE: Second sentence from the bottom of that
particular paragraph.
MR. WEIGEL: That's correct.
COMMISSIONER COLETTA: Mr. Feder, would you be so
kind as to put that map up on the visualizer, please?
MR. FEDER: Yes.
COMMISSIONER COLETTA: So we could see that when
you're saying District 5, we're not talking commissioner District 5,
we're talking road district.
And also, too, this agreement does not preclude us from using
other funds as they become available, like MPO or additional gas tax
money or something else in addition to that to be able to start work
early on at some other roads; am I correct?
MR. FEDER: That's correct. I think what I'd like to point out,
first of all, District 5 is the area where right now we're discussing Ave
Maria is in this section right here in District 5. If you talk about
adjoining, it would be District 6, that's from 951 on out to the Estates,
and District 8, which is pretty much now in ownership in conservation
lands.
COMMISSIONER COLETTA: Right. Number eight doesn't
exist for any kind of value for impact fees.
MR. FEDER: Exactly.
COMMISSIONER COLETTA: But once again, too, District 6,
if need be, could draw impact fees from 1 and 2?
MR. FEDER: That's correct. But what I will tell you is what
we've done is we've developed, as I said, the five-year work program.
I just got confirmation I was correct, Vanderbilt in 2008, Golden Gate
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April 12, 2005
Boulevard Extension, 2009, for construction. In that we've tried to be
somewhat conservative in our estimate of revenues, a major portion of
impact fees. Now, of course, we're not assuming any major change by
the legislature in the statement I'm making right now.
COMMISSIONER COLETTA: I understand.
MR. FEDER: But being somewhat conservative based on how
this progresses, and particularly if this project progresses as is planned
and shown here, we should have the revenue stream to meet all of
those projects and the other things in the work program.
But I think your counsel's issue needs to be brought to point, and
that is that you are prioritizing that middle section. The first two are
being let in 2007, and that middle section you are giving priority on
impact fees from particularly the two districts, 5 and 6, to the
completion of that Oil Well, over other priorities that you have
possibly in the area, assuming the revenue streams that we anticipate
aren't at least reached, if not exceeded.
COMMISSIONER COLETTA: But what we're doing, too, is we
have other funds that could become available out there that could help
to advance it, and that's one of the things I plan to do, because I'll be
honest with you, I mean, I understand we have to have a long-range
program based upon what we see is the need and revenue streams
comIng In.
MR. FEDER: That's correct.
COMMISSIONER COLETTA: It's my obligation as a
commissioner to try to move that closer to the present rather than
leave it to the future.
MR. FEDER: You did that with Immokalee Road.
COMMISSIONER COLETTA: And I assure you that I'll be
working with you on a continuous basis, week by week, day by day,
hour by hour, to see if we can advance that schedule.
MR. FEDER: I look forward to it, Commissioner.
COMMISSIONER COLETTA: I know you do. You really are,
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April 12, 2005
and I appreciate your home phone number, and I'll try to keep my
calls limited to under 10 o'clock at night.
MR. FEDER: Okay. No problem.
CHAIRMAN COYLE: I think we need to disapprove this thing
immediately if that's going to be the case.
Let me -- let me ask a question of my fellow commissioners.
And I've been listening to the discussion and I've been trying to put
myself in the position of people who are watching this proceeding.
This is one of the most important projects we have ever
approached in Collier County and it's one of the biggest, and the
public has just heard us say that we haven't even read this document
because we didn't get it until late last month (sic).
COMMISSIONER FIALA: Late last night.
CHAIRMAN COYLE: I'm sorry, late last night. Do you really
want to go ahead and fight your way through this thing today, or
would you prefer to bring this proposal back at the next meeting after
you've had sufficient time to talk with staff and all the people involved
and get your questions answered? Otherwise we can be here for a
very, long time today.
COMMISSIONER COLETTA: If I may.
CHAIRMAN COYLE: Commissioner Halas is next.
COMMISSIONER HALAS: I'll tell you that because of the
magnitude of this, that when it comes up for vote I'm going to have to
abstain, because I don't have enough background.
COMMISSIONER COLETTA: You can't abstain. You have to
vote against it.
COMMISSIONER HALAS: Well, I'll have to vote against it
then.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. May we possibly refer to
the other end of this agreement? Mr. Varnadoe might be able to
address our concerns in some way or tell us exactly why the time line
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April 12, 2005
is so critical.
COMMISSIONER FIALA: You can have that traveling mike so
he doesn't have to get up.
COMMISSIONER COLETTA: Maybe he doesn't want to
address us, and that would be fine. I'm not going to force the
gentleman --
COMMISSIONER HALAS: The timeline is critical, but this is a
big --
COMMISSIONER COLETTA: Let's hear what it is. I'm very
interested in what you're saying, that's why I want to get a little --
another spin on this. Why is it so important, Mr. Varnadoe, that we
have to complete this today and not two weeks from now?
MR. VARNADOE: Let me answer that question. George
Varnadoe, for the record, but let me back up.
Mr. Halas, when you asked what the projected population was
from the 11,000 units, and I said 23,000, I want to give myself a little
leeway there. I think it's somewhere between 23- and 24,000 we
project -- we projected in our DRI ADA, but I was trying to be
responsive, sir, and I'm not trying to equivocate, but I'm just trying to
be as factual as I can at this point in time.
COMMISSIONER HALAS: I appreciate that, George.
MR. VARNADOE: Commissioners, as I think all of you are
aware, Ave Maria, at least to me, is a very important aspect in Collier
County for probably the foreseeable future. They're on a very, very
tight timetable to get the university complete and open in 2007.
The university's not like a restaurant. I mean, it's not like if,
okay, I didn't make October, I'll open the restaurant in November.
Either you have the classrooms there and the dormitories there and the
student union there and the cafeteria there and the utilities hooked up
when classes start in September, or you basically have lost at least one
semester, and maybe a year.
And we are really, really running into a tight time frame, and I
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April 12, 2005
really appreciate your staffs picking my pockets and bleeding me dry
on this agreement, but we all have worked hard over the last six weeks
on this, and Jim Mudd and his staff and Jeff Klatzkow and the
transportation staff have worked hard and long, and we've had at least
four different approaches to try to get this public/private partnership.
But I think what you've really got to ask yourself is, how
important is Ave Maria to our community. It's been important enough
for me to put off retirement to work on it, I'll tell you that.
But I can, you know, answer any questions. Is two weeks going
to kill us? I can't tell you that's true for sure, but I can tell you that we
really are up against a very, very tight time frame, and that's the
honest truth.
If there are any other questions, I'd be happy to address them.
COMMISSIONER HALAS: Can you -- just one quick question,
George. This may have a big effect on my vote. Why was it that it
took the -- almost the eleventh hour, eleventh hour and 59 minutes, to
get this agreement hammered out when we knew this was coming
down the road for the last couple of years? Can you enlighten me a
little bit?
MR. VARNADOE: Yes, sir, I can address that partially. I mean,
I don't think -- it certainly wasn't my intent or anybody's intent to drag
this out to the eleventh hour. We could not really start negotiating
with the county until we had our DRI impacts as far as traffic are
concerned on your road network completed, which meant we had to
get through the regional planning council's assessment and your staff
assessment.
So it's been probably the last 45 to 50 days that we've been able
to work on this, and we have been working on it. But as you -- as
Commissioner Coletta said, it's not like you have some bonding
capacity to go out there and build this road, so we've all been
struggling with how we would, and jointly, get the funds together to
build this road, and we've been struggling back and forth with various
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April 12, 2005
approaches. I think we've finally come up with one that everybody on
our side, and that is, includes the county staff, can support.
But I would have been much happier if we'd have had this two
weeks ago, Commissioner. We were shooting for a March 22nd BCC
date.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COYLE: You know, I would -- would, again, like
to say to my fellow commissioners, it doesn't really send a good signal
if this proposal is disapproved today because we didn't have sufficient
time to really review it.
I think we're -- would be on much safer ground if we took
sufficient time to review it, but expedited that process as quickly as
possible. Because as we see, there's already one commissioner who is
likely to vote against this, and it's not the fault of the commissioners
that this came in late.
So, Commissioner Coletta, you have a question.
COMMISSIONER COLETTA: Yes. I've got to be honest with
you, I had a real problem, and I think Mr. Mudd got an earful along
with everyone down the line, Paul Marcelli (sic) from Collier. I talked
to --
CHAIRMAN COYLE: Marinelli.
COMMISSIONER COLETTA: Marinelli, Paul Marinelli, and I
talked to -- even talked to Monahan at one point. Wasn't happy at all.
In fact, I came down a little heavier on Jim Mudd than I probably
should have, and I apologize for it.
I would like to have had it earlier. He gave me very good
reasons why it wasn't there earlier. I did have the advantage that you
didn't have in the fact that I had a printed copy last night. I got it on
my computer. I went through it in great detail. I feel reasonably
comfortable with the agreement the way it is. I wouldn't have a
problem voting for it.
I do understand how you feel and how Commissioner Halas
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April 12, 2005
feels. I felt the same way last night, and I modified that thinking a
little bit. But let me ask -- let me ask -- let me ask Mr. Mudd this
question, is there a possibility that we're going to be meeting for some
sort of workshop where they could come back in the next couple of
days, rather than two weeks, we might be able to hit some sort of date
in there where we can pick this up and finish it off -- and I'm not too
sure. I haven't looked at the schedule. I should have taken a minute to
do it. We just don't have anything.
MR. MUDD: We're working on it right now. I'll get you that
answer.
COMMISSIONER COLETTA: That's a thought, that if we had
something coming up where we were going to be here as a group for
it, I would even be willing to meet in an emergency meeting, you
know, for a half an hour.
COMMISSIONER HALAS: I've got a full schedule.
COMMISSIONER COLETTA: Okay. Well, so much for that.
COMMISSIONER FIALA: I'll be out of town.
CHAIRMAN COYLE: Well, I don't want to be misleading. You
know, I pulled this up on my computer last night and read it, too, and
that's not my problem. You know, my problem is there are a lot of
questions to be answered, and I haven't heard all the questions
answered today.
So we could spend the rest of the day answering the questions
that mayor may not be adequate and might result in a failed vote here,
or else we can take the time to get it done right. I think we owe it to
the citizens of Collier County to do it right. And if I were sitting here
watching these proceedings, I think I'd be telling my commissioners
the same thing.
And so what is your pleasure, ladies and gentlemen? What
would you want to do?
COMMISSIONER FIALA: I'd like to reschedule it for -- or to
continue it for -- to the next BCC meeting. I, too, have many
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April 12, 2005
concerns. So many questions. I keep writing questions down, and yet
I don't have a chance to sit down with the representatives and actually
ask them to sit down with staff.
I'd really like some time to go over this. We're talking about a
town, a whole town that's going to change the face of Collier County,
and I don't think we should be doing that the night -- you know, when
you just get the information the night before, or that morning.
COMMISSIONER COLETTA: Is that a motion, Commissioner
Fiala?
COMMISSIONER FIALA: Yes. I'd like to continue it till the
next BCC meeting. That's a motion.
COMMISSIONER COLETTA: And I'll second it, because I did
have reservations last night, and I wouldn't want to make my fellow
commissioners uncomfortable.
CHAIRMAN COYLE: So we have a motion by Commissioner
Fiala and a second by Commissioner Coletta to continue this
discussion to the next board meeting. Now we have an issue of public
comment.
We never refuse to listen to the public, but we have a motion
before us, we're going to vote on it pretty quickly. You can have a
choice, you can speak here or you can speak two weeks from now
when this thing comes back. What would you prefer to do?
MS. FILSON: Nicole Ryan?
MS. RYAN: I'll wait.
MS. FILSON: Nancy Payton?
MS. PAYTON: I'll wait.
MS. FILSON: And Brad Cornell?
MR. CORNELL: Wait.
CHAIRMAN COYLE: All in favor, please signify by --
MR. MUDD: Commissioner, before you vote on that thing, I just
might make sure that, you know, the last part -- I don't want anybody
to go away from this particular item thinking that the county doesn't
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April 12, 2005
support Ave Maria.
CHAIRMAN COYLE: Absolutely not.
MR. MUDD: Because the board voted on a special district for
them a while back and everything is locked in. This has everything to
do with the details of the particular agreements and additional scrutiny
by the board on those particular --
CHAIRMAN COYLE: And let me be more specific than that.
This is a wonderful proj ect. I am strongly in support of it, but what I
detected here was some apprehension on the part of some of the
commissioners to go ahead without all of the information, and I think
that once those concerns have been expressed -- it is incumbent upon
us to put to rest any fears that the public might have that we're rushing
through something without fully understanding it, and I think we
simply should not be in that position.
And we'll take a little time to make sure we fully understand it,
we'll do it right, and I hope this thing passes. I think the agreements,
as I've seen them here, are favorable to Collier County and the public.
I appreciate the willingness of the developer and landowners to make
these concessions. I think it is well worth our consideration, and I
don't mean to imply that I'm opposed to this at all. I don't think the
other commissioners are either. I think they just need a chance to
absorb this and make sure they serve the public properly.
MR. MUDD: Thank you, sir.
CHAIRMAN COYLE: Okay. But thank you for bringing it up,
Mr. Mudd.
Okay. All in favor, please signify -- we'll close the public
hearing.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
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April 12, 2005
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. It is unanimous. Thank you very
much.
Item #10D
TIGERTAIL BEACH P ARK BOARDWALK FEASIBILITY
STUDY AND DIRECT STAFF TO PURSUE AN ALTERNATE
PLAN OF A PEDESTRIAN DUNE CROSSOVER AND
RESTROOM FACILITY - STAFF TO PROVIDE INFORMATION
AND RECOMMENDATIONS REGARDING RESTROOMS,
BETTER SIGNAGE, WALKOVER ACROSS THE MANGROVES
AND TRAM PERMITTING - CONSENSUS
MR. MUDD: The next item, Commissioner, is item 10D, and
that's a recommendation that the Board of County Commissioners
accept the Tigertail Beach Park boardwalk feasibility study and direct
staff to pursue an alternative plan of a pedestrian dune crossover and
rest room facility. The Tigertail Beach Park boardwalk feasibility
study is available for review in the county manager's office, second
floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples,
Florida, and Mr. Joe Delate will present.
MR. DELATE: Good afternoon, Commissioners. I'm Joe Delate.
I'm with Collier County Parks and Recreation Department. We hoped
to have our consultant here making this presentation, but he was
delayed on an aircraft flight, then his car almost ran out of gas, so he's
on his way here. But --
CHAIRMAN COYLE: And what is he consulting us on?
MR. DELATE: Not transportation, on beach work. So -- and to
save time, I'm going to begin his program, and he's been instructed
(sic) to arrive. He will be arriving any moment. When he does, he'll
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April 12, 2005
just pick up where I leave off, and essentially he should be walking in
any minute, but I will start the program.
Basically we have a brief PowerPoint presentation on the
feasibility study. This has been well discussed in the media and
everything, and we've put together a short presentation for you.
MR. MUDD: Next one over.
MR. DELATE: Okay. I'll just give you a brief background
while Marla's setting this up.
Basically you all know where Tigertail Beach is. It's a county
park down in Tigertail. And we were instructed to do a feasibility
study for a possible boardwalk from the parking lot out to Sand Dollar
Island.
This is a grant that was received by parks and rec. through the
Tourist Development Council, and it was also approved by the Board
of Commissioners. This was a couple years ago, and we hired Taylor
Engineering out of Jacksonville. They're an annual contractor with the
county, and they presented a -- they met with several groups and they
met with all the environmental agencies, and they came up with this
feasibility study, which is the final report on their work, which took
approximately six months to accomplish.
And I'm going to start going through this program. There's a
picture of the beach actually there. We're just having a little technical
problem right now.
Okay. Basically there was directed -- there was a project need to
direct access to the Gulf shore. It's restricted by Sand Dollar Island.
It's more than a half mile walk from the park out to the shore, and
several people are crossing over the Tigertaillagoon, which has now
turned into a dangerous situation.
We've had a couple drownings there in the past, and the water
quality in the lagoon has varied from good to bad based on the
colifonn counts that the county has done through -- the beach
pollution control has been doing water sampling out there.
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April 12, 2005
There's a direct west crossing through the Tigertail to Sand
Dollar Island that conflicts with the natural resource management of
the area. The land basically from the east -- the vegetation line west is
owned by the State of Florida. Our park is from there to the east.
We've had some complaints from the public about the park and
attendance has been documented to be failing at the park over the last
several years.
Basically, the project scope for the consultant was to provide a
conceptual design for a boardwalk from Tigertail Beach Park to Sand
Dollar Island, to develop a natural resources evaluation, a field
resources survey, and desk top efforts to accomplish that.
They came up with the development of a conceptual design
boardwalk to accommodate an eight-person golf cart and wood and
concrete options. They presented the concept and received feedback
from the state and federal regulations, regulatory agencies, that's the
DEP and the Corps of Engineers and the Florida Wildlife Commission
and the u.S. Fish and Wildlife Service.
They also received some feedback from public stakeholders,
which are basically some of the environmental groups and the public
groups in the area, and they were to present the findings to the county
and identify the best path for the -- for this potential proj ect.
Basically this proj ect, as I mentioned before, is mostly on state
land. Basically state land goes from the vegetation line west out to
this secreting island that's now a peninsula called Sand Dollar Island.
This is a 2003 aerial. That -- it continues to grow north. We've
documented this, and this peninsula continues to grow north and also
northeast.
Basically the federal has -- federal government has several
designations on this particular piece of land. It's considered a critical
wildlife habitat unit for the piping plover, which was a threatened
species, which goes from the south end of the fourth condominium
south of Tigertail, which is called South Seas, to Tigertail Park to the
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April 12, 2005
northern border.
It's also --
COMMISSIONER HALAS: Can you show that on the slide,
where that would be?
MR. DELATE: Sure.
COMMISSIONER HALAS: On the previous slide, can you
show us where that would be?
MR. DELATE: Sure. Can you go back up, please, Marla?
Okay. Basically the fourth tower -- she's going to point with the
cursor. I don't know if you can see it from there.
COMMISSIONER HALAS: Okay.
MR. DELATE: To north of our project boundary, which is up
there. So I don't know if you can see that, Commissioner.
MR. MUDD: Sure.
MR. DELATE: Okay. That's generally the area of the piping
plover habitat.
Okay. It's also a marine turtle nesting habitat, which is an
endangered species. There's turtle nests documented there, and the
county has a program out there. That also is a coastal and beaches
resources ac -- restriction on the use of federal funds on the barrier
islands for this area.
The State of Florida has a designation also as a critical wildlife
area for part of -- it's part of Big Marco Pass wildlife area, and that's
for terns, black skimmers, and wintering shore birds.
The county has several concerns that brought this proj ect
forward. The difficulty of access from the park out to the actual Gulf
shoreline to the bathing beaches and the use of informal pathways to
the Gulf. The public has created pathways across the Sand Dollar
Island out to the Gulf creating informal pathways. They've also left
trash on the beach in several places.
We view this as an issue of beach access where it cannot be
prohibited. There is several overlaying wildlife designations which do
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April 12, 2005
not prohibit but require certain behaviors, involve penalties for
violations. In other words, there is offensible -- offenses that can take
place here.
The wildlife designations that we talked about allow for
consideration of incidental taking issues and related permitting, and
that basically says that you could possibly do this through permitting,
but there might be mitigation involved.
Basically we have an aerial here that shows the area, the lagoon,
the Tigertail Park and the different types of habitats, going from
herbaceous dunes, you have an intertidal flat area with mangrove
border, a dune crest, salt marsh, and then a southern area of the
boundary, the critical habitat that Marla just recently described.
Go to the next one, please.
Basically this is a map provided by the Florida Wildlife
Commission, Fish and Wildlife, concerning the wildlife nesting,
feeding, and resting areas of the birds. These are the documented
areas provided by them. They were hand drawn and provided to us
that we scanned in.
The boardwalk that the company has come up with is a
conceptual design. They had looked at the structural integrity and
strength, something that could stand a 50-year design storm, had
strength for an elevation to allow an eight-person golf cart with --
loaded with personnel to traverse that boardwalk. Also there was an
issue of the visual impact.
We wanted to visualize the number of pilings, simplify the
structure, and have it blend in with the environment, and also look at
the environmental impact of the materials, whether it be concrete or
treated lumber and how it would be aligned so that it would actually
direct the public out to the beach.
This was a conceptual idea through the study of what the
boardwalk could look like if it ever was constructed.
CHAIRMAN COYLE: Wait a minute. Let me stop here.
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April 12, 2005
MR. DELATE: Yes.
CHAIRMAN COYLE: You're presenting the plan that we've
previously indicated disapproval of, right?
MR. DELATE: Basically -- I understand your concerns,
Commissioner. What we're doing here is we're putting on the record
this issue which has been festering many years and we're letting --
putting this on the public record so that this study is put into the public
record; however, at end of the study, we're going to come forward
with a different recommendation, but we want to put this issue to rest
because this has been continuing to pop up every several years
throughout the county about the issue of access at this property.
I agree that this has been debated by yourself at the Tourist
Development Council, that we've discussed it there, but we have -- the
full commission has never actually seen the full report, and so that's
why we're putting it on the public record for the rest of the
commissioners to realize what was studied.
And granted, we are not pushing this idea, but we want to show
you what the study uncovered, and then -- I'm almost finished, so it's
not going to take much longer. And then basically we'll present an
alternative recommendation, and then at that time we'll ask for your
direction for this proj ect.
So if you could just bear with us --
CHAIRMAN COYLE: How much more time are you going to
take?
MR. DELATE: No more than five minutes.
CHAIRMAN COYLE: Okay.
MR. DELATE: If you could just indulge me for that, I would
appreciate it.
Okay. We'll go to the next ones, please.
And it would have been a little faster, but unfortunately I'm
filling in for the consultant.
Okay. And this is just showing more of the wildlife zones with
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April 12, 2005
potential boardwalk design placement alternatives. This isn't the one I
just discussed. This is the ones that came through the study. Basically
you have three different boardwalk possibilities, and one -- four
boardwalks, the fourth one would have a tramway along the beach
with a small dune walkover.
These were the areas studied, and this is the ones we have
reported for.
Okay. The next one, please.
Basically, this process comes up with some conclusions. The
best regulatory alternative, after meeting with all the agencies and the
public, the one that was most palatable was a beach tramway. The
boardwalk will create permanent environmental impacts to the area.
It is a rare barrier island ecosystem which makes mitigation for
these impacts very difficult, and wildlife management may require
boardwalk closure at times because the state, as we've mentioned
before, and the federal government, control this area. Actually it is a
lot of their land, so they would have the ability to close it down. And
the benefit of the boardwalk may not outweigh these impacts.
And basically that's the end of the report. I wanted to tell you
also, during this study we've met with a lot of the environmental
groups and the public in town, the public stakeholders, and they did
have a lot of opposition to this project, which you probably heard of.
And from that, we have come up with the understanding that
there is many problems with building a boardwalk to Sand Dollar
Island, and for that reason, we have come up with an alternative, and
that is on the next slide.
And that is a -- this is something that was suggested by the CAC,
and it has been discussed with our P ARAB, Parks and Recs. Advisory
Board. We presented to them, we also presented to the Tourist
Development Council. It is an alternative that has come out of this
report.
It was not severely studied by the consultant, but the county,
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April 12, 2005
ourselves, and the consultant have looked at it, and we feel that it is a
viable option, viable alternative to the major tramway out to the
barrier island, and this is something that would have less
environmental impact and provide some of the needs we have, which
is getting the public to the beach.
It is basically a dune walkover through a mangrove and
gumbo-limbo area, and also a small visitor amenity, which could be a
rest room facility, which is lacking in that part of that existing parking
lot, and then some environmental kiosk information and a nature kiosk
that would provide education to the public.
At this time we are presenting that as an alternative to the proj ect,
and we'd like to hear your suggestions or criticism of this and any
direction you would like to give us on that, and I'll let Marla take it
from there.
CHAIRMAN COYLE: Okay. We have questions by two
commissioners. Commissioner Coletta was first.
COMMISSIONER COLETTA: Thank you. First the
commission never weighed in on the first option you mentioned. That
came from the advisory committee, and it was discussed in great
detail, but we never weighed in, we never said it was good, we never
said it was bad, we never issued an opinion on it. So that we have to
keep coming forward at all times.
I'm not too sure if this is the answer or not. My concern is still,
the access to the beach. I understand what's taking place out there.
Because of the fact the other beaches became more of a -- what do you
want to call it, private residential type beaches for the hotels, wildlife
never got a chance to find sanctuary there. It's moved down to this
end, and we're the ones carrying the burden for that, along with
everything else.
But be that as it may, access is the issue that we're here today for,
and access is the issue that we need to deal with. These are all great
ideas, but we're talking about years away before this is finalized. I
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April 12, 2005
believe it's two years away before we have the dune walkover in
place.
MS. RAMSEY: For the record, Marla Ramsey, administrator for
public services. We anticipate that the permitting time for this
particular project in front of you would be about a two-year period,
correct.
COMMISSIONER COLETTA: And then from there, we would
be putting in trams to be able to move the people around the end, and
that's the good part of the whole thing, would be the tram system that
would take people. I mean, very few people are young enough to be
able to walk, or they just figure it's too difficult.
And you've got to be able to make -- you've got to make it
available for all the citizens that are out there.
My suggestion would be to come up with a tram now in the
interim while we're working on this dunes park walkover where the
people can walk down to wherever it is they access it, maybe at the far
end, and then take the tram around to the far side so we can better
utilize this beach. Why can't we do that?
CHAIRMAN COYLE: State won't let us right now.
MS. RAMSEY: We would have to have a permit for that as
well, and it is an option that we can look at. Staffs asking for
direction today to bring back either this plan or another plan that you'd
like us to look at in depth for our June workshop where we're going to,
once again, come back to discuss beach access. We're looking at the
first week in June if we can get a date for that.
So staff is looking for a recommendation as to what you would
like us to concentrate on in the Tigertail area to bring back at that
time.
COMMISSIONER COLETTA: Going back to it one moment.
So we're talking about the state might not let us use the tram?
MS. RAMSEY: We would have to have a conversation with the
state in more detail than we have had currently to determine that
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April 12, 2005
viability.
COMMISSIONER COLETTA: This whole pathway system
we're talking about is predicated upon a tram being at the other end to
be able to move people; is that correct?
MS. RAMSEY: I think that what staff is looking at, this is in
phases. We were going to bring in the boardwalk. That would get
them closer to the tip and maybe we can then work into that tram
element afterwards. This was the first one to get people who are
currently walking a little bit closer to it and a rest room facility --
COMMISSIONER COLETTA: That's fine.
MS. RAMSEY: -- to solve it.
COMMISSIONER COLETTA: And I think that's a wonderful
idea, but let's go back to the trams.
MS. RAMSEY: Okay.
COMMISSIONER COLETTA: Either the trams -- they're going
to allow them or they're not going to allow them. They're going to
allow them tomorrow or they're not going to allow them two, three
years from now.
So we don't want to speculate on maybe. We have to know what
we're dealing with in real facts.
I would think that we'd want to start the process to try to work
with the tram down at the far end, and that while we're doing it, we
can still be looking at the rest of this. I don't see the great advantage
of having, at the far end, another way to get to a beach that you still
have to walk around the whole perimeter of the Sand Dollar Island
before you get to anything that's really usable.
And would it be utilized, or would we be just pouring money into
something that will be wasted that we could use someplace else?
Is there some way that we could put the trams on some sort of
fast track to be able to see if it's a possibility or not?
MS. RAMSEY: The board can give us that direction if they wish
us to do that.
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April 12, 2005
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I've got a series of questions so
bear with me, if you would.
Can you go back to one of your slides where you had about three
or four different options in regards to walkways, bridges, or whatever
you want to call them.
There's the three particular options that we have, is that right, or
four options here?
MS. RAMSEY: That's correct, Commissioner.
COMMISSIONER HALAS: Number one is, obviously we've
got a wildlife, where we impact the wildlife. Is this impact of wildlife,
is this year-round or is this seasonal, is my first question?
MS. RAMSEY: I think it's twofold, and I'm not really -- the
environmentalists can answer this, but they do, at certain times of the
year, actually rope off sections of the wildlife area that would prohibit
you from going there. I do believe that there might be resting areas,
not necessary nesting areas, that could be year-round.
Now, Joe, do you have something different than that? No. That's
correct, okay. Thank you.
COMMISSIONER HALAS: So the answer is that there's
wildlife there all year-round?
MS. RAMSEY: That's my understanding. There is resting, and
then at other times there's nesting.
COMMISSIONER HALAS: Is there a way that this can be built
without the -- with the least amount of impact to the wildlife?
MS. RAMSEY: That was the purpose of the study that we
presented to you, and the results of that was the federal and state
thought it was too much of an impact to provide an access point across
the lagoon.
COMMISSIONER HALAS: So the state and -- says that it's too
much of an impact?
MS. RAMSEY: That's correct.
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April 12, 2005
COMMISSIONER HALAS: Okay. So then those options are
off the table?
MS. RAMSEY: That's correct.
COMMISSIONER HALAS: Okay. So we've addressed that
Issue.
All right. So what's our last option that we have left?
MS. RAMSEY: The option that we've looked at that we have
left is a tramway with a dune crossover or a mangrove crossover to the
beach.
COMMISSIONER HALAS: Okay. Now, the mangrove
crossover, this is going to -- this is going to be a bridge; is this what
you're talking about basically?
MS. RAMSEY: It's our typical--
COMMISSIONER HALAS: Will it be an elevated bridge?
MS. RAMSEY: It's our typical dune crossover. It's about six
feet wide. It goes over a dune, or in this case, would go through a
mangrove. We already have, if you see the slide here, it shows we
have five of them currently at this location.
COMMISSIONER HALAS: And what's the height off the -- off
the beach or off the mangroves that this will be?
MS. RAMSEY: They're -- most of them are probably maybe
ramps up from zero to about five feet or so.
COMMISSIONER HALAS: Okay. And is this wide enough to
put a tram on it?
MS. RAMSEY: Not across the boardwalk the way that we have
it currently designed.
COMMISSIONER HALAS: Can we design the boardwalk to
put a tram across it?
MS. RAMSEY: Yes, sir.
COMMISSIONER HALAS: Can then -- in regards to taking and
extending -- after you've crossed the dune with the boardwalk, then
what is your idea or concept that you have for a tram system? Are you
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April 12, 2005
going to have some type of a roadbed here, or is this just going to go
directly to beach sand?
MS. RAMSEY: Well, there are a couple things that we're
looking at, and we have nothing in concrete at the moment, but there
is a product called a mobey (phonetic) that is used in a number of
different beach locations all across the nation where you can drive
tractors and various things on. It lays in the sand and it acts somewhat
of a stability so that you don't compact the sand, and that is one option
that could run, or the tire pressure of the vehicle could be such that
you can possibly run directly on the sand. We've have to look at the
alternatives.
COMMISSIONER HALAS: Now, does this impact the wildlife,
or would we get this approved?
MS. RAMSEY: I do not believe that the tram itself coming out
to the beach would impact the wildlife. I do believe that the
environmentalists would say that the more people that you put over
onto that area, the more people would walk Sand Dollar Island, and
then of course, the more of an impact you'll have.
But the actual tram itself and that actual element of it, I do not
believe, is an impact.
COMMISSIONER HALAS: Well, the concern we have here is
not only to protect the wildlife, but we also have an obligation to get
people to the beach. So what we have to do is come up with
something that is a good compromise whereby we can take and have
people transported to the beach with facilities available to them.
N ow whether you're going to set up a tram on some type of a
schedule so people can go back to the hoist here or to facilities if they
need to be, but also to get people out to the beach without impacting
the area where the wildlife is, is that possible?
MS. RAMSEY: Yes, sir.
COMMISSIONER HALAS: Well, then what's our -- what's our
big problem at getting this addressed and getting over the hurdle here?
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April 12, 2005
MS. RAMSEY: I think the only thing that staff has at this
particular moment in time is that we've come up with a beach access
workshop. You've given us some direction to come back to you in a
month or two from now in June and give you more alternatives. This
can be one of those that are on that alternative, or you can tell us today
you want us to look at this heavier than we were going to, but our goal
would be to bring those answers to you in June.
COMMISSIONER HALAS: Well, we've pretty much eliminated
the other possibilities, which is basically a bridge or walkway or
whatever else over these environmentally sensitive areas. So our only
option is down here to the south; is that correct?
MS. RAMSEY: That's correct.
COMMISSIONER HALAS: Okay. Thank you.
CHAIRMAN COYLE: But there's variations on that option, and
I think that's what you were trying to tell us.
I'd just like to tell the other commissioners what we discussed at
the TDC meeting about this particular thing, and at that time I believe
the consultant was there.
MS. RAMSEY: That's correct.
CHAIRMAN COYLE: And it's my recollection that we were
informed at that point in time that the state would not permit us to take
trams on the beach at the present time, but they might sometime in the
future. So that answers one of the commissioner's question, I
presume, if that information --
COMMISSIONER HALAS: That was the question I asked. I
assumed that we could do it.
CHAIRMAN COYLE: Well, we were told at the TDC that, no,
the state probably wouldn't let you do it right now, but they might
sometime in the future. Now, I think our consultant told us that at that
time. You might want to get him at the mike.
Am I relating this project correctly, our discussion at the TDC
meeting sometime back?
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April 12, 2005
MR. STITES: Yes. I'm Dave Stites. Thank you, Commissioner.
CHAIRMAN COYLE: Okay, Dave.
MR. STITES: The current situation is that the agencies are very
concerned about traffic on Sand Dollar Island. What will happen in
five years as traffic increases and there's more need to really manage
the traffic coming on there is an open question.
There's already inappropriate use of people coming directly
across the beach. And in all likelihood, that will continue until there's
a reasonable way to get over to the Gulf without walking a half mile.
CHAIRMAN COYLE: Okay. So I just wanted to make sure that
information was given to the commissioners, because the idea is a
good one, and I think that both Commissioner Coletta and
Commissioner Halas want to proceed with some kind of a tramway,
and they're wondering why don't you do that now. Well, the answer
is, right now I don't think we can get a permit for it.
MR. STITES: I think that is correct.
CHAIRMAN COYLE: Okay. But there's no reason we can't
prepare for it sometime in the future.
Now, let's go to the walkover, the dune walkover thing. Now, the
alignment that is shown on this particular slide shows a fairly direct
route from the information kiosk directly over the dune.
The later slide that you have presented to us shows a much more
angled route, which would destroy more mangroves. And my
question is, why should we not take the more direct route and
minimize mangrove destruction rather than taking the more angled
route, creating the destruction of more mangroves? Is there a good
reason for doing that, or is it just a --
MR. STITES: Distance. And the closer you get the park visitors
to the beach, the -- it's -- the shorter they have to walk.
Now, the other thing I would say is that I think that's also
strategically a good design to start talking to the agencies about. They
may want to say, okay, we want the absolute shortest path, but they
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April 12, 2005
have permitted paths through the mangroves already for the parking
lot. Those are not at all rocket straight lines, and the purpose is, is to
provide people with a reasonable route that's reasonably short to the
beach, so there's no reason why we shouldn't present this to the
agencies to begin with.
CHAIRMAN COYLE: Okay.
MR. STITES: They'll certainly give us their opinion.
CHAIRMAN COYLE: Okay. Now one last comment, and then
the other two commissioners have questions. When we talk about
moving people by tram from this particular location around to the
beach, we're not necessarily talking about a road being built on the
beach in any way whatsoever. We could have vehicles like golf carts
MR. STITES: Exactly.
CHAIRMAN COYLE: -- that would drive over the sand, and we
could accomplish the movement of people without building a structure
on the beach, so we discussed that at the last meeting, too.
So there are alternatives that provide or present fewer impacts to
the beach that might be pursued sometime in the future. But my
understanding is even that would not be permitted by the state
agencies at the present time.
MR. STITES: The statement that was made to me and the
Collier County project manager who was there was that it would -- the
idea of using a people mover on the back beach was the -- they
recognize it as the least impactful, but they said it would still present a
very high hurdle to get over at this time.
CHAIRMAN COYLE: Okay, okay. That doesn't mean we can't
try though, right? Okay.
MR. STITES: Correct.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Let me go through some of the
facts as I understand them. Absolutely no way Jose can we build
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April 12, 2005
something over the top of the water there to the beach itself. That's
absolutely out of the --
MR. STITES: I think that's accurate, yes, sir.
COMMISSIONER COLETTA: Okay. Number two, we have --
we're trying to provide reasonable access to the beach at the same time
we're trying to limit the number of people that are going to use the
beach; is that correct? In other words, we're trying to make it difficult
enough to --
CHAIRMAN COYLE: The state is.
COMMISSIONER COLETTA: -- so that we don't have people
-- what do we want to call it -- overusing this resource, if I may?
MR. STITES: That's a very diplomatic way of putting it, yes, sir.
COMMISSIONER COLETTA: Believe me, that was very polite
for me, and it was very difficult, too. I'm -- and how much is this
particular walkway, would it cost?
MR. STITES: We did not -- we did not cost the walkway.
COMMISSIONER COLETTA: But it would be hundreds of
thousands of dollars, undoubtedly?
MR. STITES : You're talking about this --
COMMISSIONER COLETTA: Yeah, right there, what we've
got now.
MR. STITES: I'm not going to make a guess on that.
COMMISSIONER COLETTA: More than $10.
MS. RAMSEY: Yes. If you want me to throw in a number,
700,000 to a million.
COMMISSIONER COLETTA: Okay. So we are talking about
building something, and we don't know if we're going to have the
trams at the other end to be able to move people. Right now they're
not going to give us permission, they may give us permission
sometime in the future.
And this thing is designed in such a way that it's going to have a
minimum impact, which means the minimal benefits for the public. I
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question where we're going, why we're going there.
If I use this resource, I want to make sure I maximize it. I'd
rather spend the money trying to get the permits to have more of the
trams, pick the people up at the far end, and run them around --
MR. STITES: All the way down the beach.
COMMISSIONER COLETTA: -- run around. I mean, why are
we going to spend that much money on something when we're so
uncertain about the future of what we're dealing with? They've got us
by the short hairs on the this, the state and the federal agencies.
Obviously they do. We don't know where they're going, we don't
know where we're going to go with it, but here we're talking about
spending three quarters of a million dollars with uncertain results.
Is there something wrong with my thinking?
MR. STITES: No, sir, there's nothing wrong with your thinking.
The idea of running a tram was, as they said, the least impactful, but,
nevertheless, they said it presented a very high hurdle.
The only alternative -- and this was an alternative identified by
Marla Ramsey actually after the completion of our report -- was to
provide this immediate shorter access. It cuts off over 1,100 feet, if
you compare that to starting all the way up at the main amenities area
for the park.
And the alternative is to present the two alternatives to the
agencies for the first alternative and say, we'd like to run a tramway
from the park all the way around.
COMMISSIONER COLETTA: Well, I would say if you run a
tramway, if you did have that there, you'd run it from both spots so
that -- because people that are going to park there -- there's only a
limited number that can get down at that end. The parking spreads
throughout the whole part, at least if that's cars I see there, and it --
MR. STITES: Yes.
COMMISSIONER COLETTA: But I've got great concerns with
this whole thing. I don't think it's very well thought out, to be honest
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with you. I think we're putting the cart before the horse. We have to --
we have to go for the trams first, get the trams in place. And once
we've got them, the cost for them wouldn't be anything out of this
world, then we can come back and look at the possibilities of building
this wide enough to be able to accommodate the tram to go across.
MR. STITES: The cost of the trams is just the golf carts. They'd
probably be wide tired instead of the thinner tires that are used on the
boardwalks now, but -- and someone to operate them.
COMMISSIONER COLETTA: And the only -- and, of course,
the permitting that we'd have to go through. But when day one comes
and we start the process for the permitting, that's how much sooner
we're going to get to the ultimate end, hopefully successful end, when
we get that permission to go forward. If we don't get it, we know
where we stand and we can weigh the other options. That's where I
am with it.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Let's go back to the other picture
here, the one with the many options, okay.
So what's before us today for discussion, it looks like, is where
we cross over the mangroves, and my understanding on the first
question I asked was that the bridge or this walkway would be
elevated to a point where we wouldn't damage the mangroves that
much, or would we damage the mangroves?
MR. STITES: The--
COMMISSIONER HALAS: After construction of the bridge?
MR. STITES: The footprint of the boardwalk, that is to say the
area directly under it, will be considered a permanent impact to
mangroves. That's essentially the extent of the impact coming across
that mangrove gumbo-limbo.
COMMISSIONER HALAS: Okay. So we are definitely going
to impact that?
MR. STITES: (Nods head.)
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COMMISSIONER HALAS: Okay. So we're going to have to
come up with some mitigation; is that correct?
MR. STITES: Yes, sir.
COMMISSIONER HALAS: Okay. Now, once we get that
accomplished, then we head south. And if we can come up with -- if
we can come up with a tram, how far down can we go and still -- and
be out of the confines of the wildlife, or are we still in the wildlife?
MR. STITES: Your -- the entire area is within the wildlife
habitat area. The wildlife habitat area is at the bottom of the fourth
condominium building all the way at the right-hand bottom corner of
the --
COMMISSIONER HALAS: So if we cut to the chase, there's no
way we're going to put people on this beach? I mean, let's get -- let's
be factual about this.
MR. STITES: At the moment, there's no question about cutting
across the beach. There are people on the beach now. There are more
and more people --
COMMISSIONER HALAS: I'm saying, we can't utilize this
beach to the maximum, so there's really no way we could put people
on this beach? We've lost another access point for the beach? Am I
right or wrong?
MR. STITES: That's a potential. Yeah, we haven't -- I mean, we
haven't presented them. This was a feasibility study. We haven't gone
with a permit application to the agencies and said, look, here it is,
evaluate it, up or down.
COMMISSIONER HALAS: But do you think the agencies are
going to come back and say, you're going to have a load carrying
capacity of X amount of people?
MR. STITES: There's no precedent for doing that. There's
nothing in the law that says that they can say -- make a load carrying
capacity. In fact, what the regulations both for the piping plover,
critical habitat, and for the critical wildlife area says is that human use
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will not be prohibited and, in fact, that only certain areas will be
separated from human contacts.
COMMISSIONER HALAS: Well, what you're saying here is
that we don't have the ability to build a boardwalk across over here
because it impacts the wildlife, then obviously what they're saying is,
that they don't want people on that beach?
MR. STITES: That's--
COMMISSIONER HALAS: Am I right or wrong?
MR. STITES: -- what they are saying.
COMMISSIONER HALAS: Okay. Then what we're saying
here is, if we put a lot of money -- we're not going to be able to utilize
this beach? Am I right or wrong?
MR. STITES: Well, you're using it right now. The question is,
can you get people going -- the point of moving people to the south is
to tell the agencies, look, we've already got the impact, the people are
already there. All we want to do is basically maintain the quality of
the habitat. They're not buying that with a -- with boardwalks going
across.
COMMISSIONER HALAS: So what we're saying is, is that
there's going to be a load carrying capacity that's going to be
established by either the state or the federal people saying that you
cannot put 10,000 people on this beach, that you can only put 200
people on this beach?
MR. STITES: In effect.
COMMISSIONER HALAS: So is it possible -- does it make it
cost effective for us to go through and build something of this
magnitude and not get people to the beach that we -- that we need
desperately? That's my question.
CHAIRMAN COYLE: Do we have a bigger photograph here?
The point is -- yeah. The point is that we're not necessarily trying to
put people on the beach where the wildlife areas are.
MR. STITES: Exactly.
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CHAIRMAN COYLE: We're looking at all of that beach line
down toward the south bottom portion of this particular photograph.
So if you had trams and you could get people down to those beaches,
the state would always have the option of roping off portions of Sand
Dollar Island. So one, two, three, four is just about at the bottom of
the lagoon, maybe a little further south of the lagoon itself, okay.
COMMISSIONER HALAS: Yeah.
CHAIRMAN COYLE: But anything below that is not in the
sensitive wildlife protection area. So if you get people down into
those areas, the state has nothing they can say about it. Well, I'd hope
they wouldn't. But--
MR. STITES: They'd have a lot less to say about it.
CHAIRMAN COYLE: A lot less to say, okay. So that's where
we're really targeting. But let's be honest, if we get people down
there, they're going to want to walk up north.
MR. STITES: And some people -- and the agencies have never
said that they want to prohibit people from walking up north.
CHAIRMAN COYLE: Yes.
MR. STITES: But what they're concerned about is the overall
impacts. And I would argue, and I have argued in front of them,
getting people to the south is a whole lot better than having people
walk across like they're doing now.
CHAIRMAN COYLE: That's right. Well, the way the state
handles that -- and I've been on beaches where this happens, they
merely rope it off and they won't let you walk in there, and then they'll
have people who will enforce that.
MR. STITES: Exactly.
CHAIRMAN COYLE: So if the state gets to the point where
they believe that the people in the beach are having too big an impact,
they'll rope it off and say, do not enter.
MR. STITES: They have indicated that if they were to allow a
people mover to the south, that one of their main focuses would be
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April 12, 2005
increased official activity --
CHAIRMAN COYLE: Enforcement.
MR. STITES: -- enforcement on the beach.
CHAIRMAN COYLE: Yes. And there's nothing wrong with
that. But the point is, there's a lot of beach south of there, and if we
can take people by cart that doesn't disturb the beach itself, doesn't
destroy the beach, then it seems like a logical way to make use of the
parking facilities we have there, and then there is a limit to the number
of people who can park there anyway, but I don't think we're going to
have 10,000 people there.
But nevertheless, that's -- we're going to debate this thing to
death, and all you're asking us to do is give you some guidance, right?
Commissioner Fiala?
COMMISSIONER FIALA: Well, you said most everything I
wanted to say.
CHAIRMAN COYLE: Good.
COMMISSIONER FIALA: I almost put my hand across your
mouth. But I think that that's -- that's exactly what I was going to
suggest was allow the people to park there, get them to move over a
boardwalk to a tram that takes them to the southern beaches, which are
-- are really wide open because they don't have any beach access for
the public until you get to the very end of the -- of that beach way up
at the very south.
So the public can't get there anyway. This means the people that
are right across the street who cannot get there now will be able to
come over through Tigertail and get down there.
This will allow Marco Islanders themselves to be able to get onto
the beach. I don't know of anybody who would want to walk back to
the north end and get on a beach where, you know, they've got things
roped off and they see birds and everything. I mean, you know, birds
leave deposits and so forth. Why not just be traveling down to the
south, let the trams bring them, and I think that sounds like a great
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idea.
I would want to go along -- what? I would want to go along with
a tram to the southern part there and kind of direct the traffic down
that way.
CHAIRMAN COYLE: All right. Commissioner Coletta, then
you're the last one who gets to speak on this issue.
COMMISSIONER COLETTA: I get the last word in.
CHAIRMAN COYLE: That's right.
COMMISSIONER COLETTA: Well, right off the bat, I want to
make this perfectly clear. Happy birthday, Commissioner Fiala.
COMMISSIONER FIALA: Oh, geez.
CHAIRMAN COYLE: It's Commissioner Fiala's 86th birthday
today.
COMMISSIONER FIALA: I just love this guy.
COMMISSIONER COLETTA: And we love you, Donna.
If I may, I think we're all heading in the right direction, and
they're going to bring this back to us. But I want to plant a little seed
of thought in your mind as far as a tram goes.
Can we have the possibility with this tram also to be available to
a certain extent to those people that are inabilitated and they can't walk
to be able to go right into the parking lot and maybe have a place in
the front or the back of it where a beach wheelchair could be brought
along so that we can make this beach truly available to all our
citizens?
MR. STITES: We would expect that ADA facilities and
accessibility would be part of any permitted project.
COMMISSIONER COLETTA: So now you don't actually need
a motion, you just need us to nod heads up and down? And I think
you got direction.
MS. RAMSEY: I would like to have clear direction.
CHAIRMAN COYLE: Yeah, clear direction. Then -- and if I
could provide some guidance here. I think Commissioner Coletta's
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idea here is absolutely correct. Let's start with trying to get the tram
issue resolved, and if we can, we can start serving people
immediately, and then we can come back to the walkover issue, right?
That was your idea, right?
COMMISSIONER COLETTA: Well--
CHAIRMAN COYLE: So I think that's worthy of consideration
as far as guidance to you is concerned. Rather than spending a million
dollars on a walkover, let's start pursuing the tram issue and see what
you can do; is that okay?
COMMISSIONER COLETTA: That's fine.
CHAIRMAN COYLE: How about you, Commissioner Halas?
You okay with that?
COMMISSIONER HALAS: I'm okay with that. I'd just like to
make sure that we can address the tram issue, because I think this
would be a great benefit, especially when you've got that hoist there,
and then obviously you've got -- we'll have beach facilities there for
people, that they need to go to a comfort station. But I think that
ought to be in the big grand plan eventually.
And let's hope that we can address the issue where we have the
tram go down the beach far enough, and it runs on a timely basis so if
people need to get back for some reason, that they know there's a
scheduled time of five minutes or 10 minutes, and I think that would
be great. I think that would be fantastic.
CHAIRMAN COYLE: Okay, great. Now we have six public
speakers. Is there anyone in the public who wants to tell us something
we haven't already learned?
MS. FILSON: Shall I call them?
CHAIRMAN COYLE: Yeah, may as well. Okay.
MS. FILSON: Nicole Ryan. She'll be followed by Nancy
Payton.
CHAIRMAN COYLE: Then we're going to have a break here
pretty shortly. How much longer can you hold out?
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THE COURT REPORTER: Until the end of this one.
CHAIRMAN COYLE: Okay. All right.
COMMISSIONER HALAS: Don't fall asleep on us.
CHAIRMAN COYLE: Okay, Nicole.
MS. RYAN: Good afternoon, Commissioners. For the record,
Nicole Ryan, here on behalf of the Conservancy of Southwest Florida.
As all of you know, the Conservancy has been consistently
opposed to any structure that would go over, through, across or any
way traverse the Big Marco Pass critical wildlife area, structure such
as a boardwalk, pier, observation tower, potentially a tramway if it
impacted the critical wildlife, though this seems to be the first venue
where this has been brought up and hashed out.
And our concern is that these structures are simply incompatible
with the resource that we're dealing with here.
This boardwalk feasibility study has actually been very good
because it's reinforced all the concerns that we have had. And I guess
maybe it might not be a bad idea if -- the boardwalk keeps coming
back every few years, it seems -- if you would take a vote to officially
bury the boardwalk, so to speak. I might suggest that.
This idea of a tramway is a bit concerning. First of all, it seems
like the wildlife is being seen as this horrible detriment. And the
wildlife is, in fact, a draw to this area.
One of the suggestions that the Conservancy and many other
groups have had is maybe we can just simplify this issue by creating
some really easy fixes for this area, direct beach-goers to the south end
of the Tigertail parking lot, and that can be done without putting in
this very large boardwalk that seems to traverse a maximum number
of mangroves.
This can be done by putting in a new pedestrian pathway that you
-- like you have in the other parts of the beach parking lot, put in a rest
room at the south end, some information kiosks, and that way you can
get people a little bit closer to that south end of the beach.
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But also another thing that needs to be done is this area needs to
be marketed and it needs to be shown as the wonderful wildlife
resource and ecotourism resource that it is. Not everyone wants to go
to the beach simply to lay in the sand, but people want to go and have
that wildlife experience. And this is one of the only places in Collier
County that affords this.
So I think that maybe we're trying to create a larger problem than
we really have. The beach is going to be limited because there's
something like 200 parking spaces in the parking lot. So why don't we
look at a simple pedestrian pathway, a rest room at the south end, and
then market it for the wildlife resource that it is. That would be my
suggestion. Thank you.
CHAIRMAN COYLE: Commissioner Halas, do you have a
question?
COMMISSIONER HALAS: Yes. I can assure you that on
weekends up in the North Naples area, that every available parking
lot, every available parking space, is taken so people can lay on the
beach. And I'm sure that there's people down in the south part of the
county that would like to have this ability also.
MS. RYAN: Oh, I'm sure there is. I just -- not everyone wants
to do that.
COMMISSIONER HALAS: Well, I can tell you what takes
place up there, and the impact is so great that there -- we've got
gridlock up there on weekends, Saturday and Sundays. In fact, I'm
going to bring a bunch of pictures in to show, and this is becoming a
serious problem. We really need to address what we're going to do
with beach access.
Now, what it sounds like to me is that you're in favor of blocking
this off and it's strictly for the wildlife habitat and not for people to use
the beach, and the problem is that we have very limited accesses, of
public access to the beaches as it is right now.
And so, if you can come up with an alternate plan, I would love
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to work with you on it.
MS. RYAN: And let me clarify, I have never said Sand Dollar
Island should be blocked off and nobody should be allowed access to
that area. Absolutely there should be access. There is access. It's also
a state-managed critical wildlife area. But if I ever implied that people
should not be allow there, let me clarify, the Conservancy, and me
personally, I do not believe that that should be blocked off.
COMMISSIONER HALAS: But people like to lay in the sand
and soak up the sun rays.
MS. RYAN: Oh, they sure do, but they also like to go with their
cameras and binoculars and spotting scopes and look at the wildlife.
MS. FILSON: The next speaker is--
CHAIRMAN COYLE: Thank you very much, Nicole.
MS. FILSON: -- Nancy Payton. She'll be followed by Charlette
Roman.
MS. PAYTON: Nancy Payton, Florida Wildlife, Federation. I
came prepared today to support the staff proposal, but then when I
learned that it was a precursor to a tram or potentially a tram, I now
have second thoughts.
This idea of the boardwalk -- and I want to go back to the
original feasibility study of the boardwalk -- has been popping up, to
quote Joe Delate, for decades. And I can tell you that when I served
on -- or at least a decade, excuse me.
When I served on EPT AB, this was more than 10 years ago, that
the idea of a boardwalk across the lagoon came up, and EPT AB,
which is the county's Environmental Policy and Technical Advisory
Board at this time, looked at it very closely. Our chair was
Representative Mike Davis.
And we came up with recommendations that keep coming up
every time this cycles about ways that Tigertail/Sand Dollar can be
marketed, and that the county should have a mind shift about how
they view their park, and it's not that it -- to discourage people there,
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but to market it to a different type of person, a person who wants to
experience a natural beach, a naturally evolving, changing beach, and
to market that and promote that.
They can come there and they can lay in the sun, which I
understand that some folks do, and also enjoy the nature around them,
but to have a mind shift and look at this area as the natural area that it
is, that it's a unique area. People come from across the country,
around the world, to do nature observation there because it is such an
incredible birding site.
We're not comfortable with the tram, even though it is moving
people to the unnatural beach, I guess, if you want to say that, but
we'll listen, and we'll look at it.
I do think that there has been word from the permitting agencies
repeatedly that these are not good ideas, and county, please, think
about looking at this park another way. And they have listed the same
things that various advocacy groups have about this area.
I don't know what else to say other than I think that this is wrong.
I think it's a fool's errand to go after the tram, and let's accept that area
for what it is and work with it for what it is, a very important and
highly critical wildlife area. Thank you.
CHAIRMAN COYLE: Thank you, Nancy.
MS. FILSON: The next speaker is Charlette Roman. She'll be
followed by Brad Cornell.
MS. ROMAN: Good afternoon. Mr. Chairman, Commissioners,
county staff, and members of the community, I am Charlette Roman,
president of the Friends of Tigertail representing over 150 volunteers,
concerned citizens, and over 1,400 members of the community that
have signed a petition against the construction of this boardwalk
bridge at Tigertail Beach and Sand Dollar Island.
We really appreciate it that the commissioners are now weighing
in on this issue. We also appreciated the work that the Coastal
Advisory Committee, the Tourist Development Council, and the
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county parks and recreation advisory committees conducted in
recommending a stop to this boardwalk bridge proj ect after careful
consideration of all of the facts.
Sand Dollar Island is a critical wildlife area, and one of the two
most important coastal bird sites on the west coast of Florida. Tigertail
is in the process of being added to the great Florida birding trail and
now hosts the Southwest Florida birding festival.
This past Easter, Tigertail was packed. The parking lot was
parked. They were parked outside the park up on Spinnaker, and the
concessionaire reported that his sales had reached pre-9/11 levels. So
the beach is being used, and people attend Tigertail or visit Tigertail
for a variety of reasons.
Our tax money could certainly be used more wisely. We could
make Tigertail the destination of those who value nature and
beach-goers alike.
F or much less than the estimated cost of a boardwalk bridge, we
can enhance the community's utilization and enjoyment of the park,
and we support a small pedestrian walkway, just like the others, at the
furthest southernmost part of the boundary, and we are also feel that
bathroom facilities are necessary at the southern end along with
maybe a large map of the park so visitors to the park know if they
want birding they can go north, if they want the beach, the shortest
walk, and a layout of exactly what is there. Many show up and
discover it for the first time.
Also as we increase the number of visitors, we should consider a
full-time ranger to handle all of the visitors to this area. We could also
more accurately depict Tigertail Beach in parks and recreation
publications and on its website so visitors know what to expect from
the park.
We should also ask Jack Wert, our tourism director, to market the
nature preserve aspects of the park along with the recreational beach
opportunities.
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According to Florida Trend Magazine, one in four baby boomers
list bird watching as a hobby.
This state-owned land and county park, the largest public park on
Marco Island, is a dynamic shoal system that is constantly moving and
changing. It is unclear how long this unique natural habitat, one of the
last on Marco Island and in Collier County, will be with us.
The shoreline changes daily as the sand moves. And I ask you to
consider that once this is ruined, it will be lost forever. And I thank
you for your consideration today to protect this rare and mysterious
natural environment for our children and grandchildren for many years
to come. And I also thank you for choosing to spend our taxes dollars
more wisely rather than on a boardwalk bridge.
And, again, in closing, the Friends of Tigertail consider ourselves
partners with the county. We were formed by a county park ranger in
1997, and we stand ready to partner on all efforts with the county
parks and recreation. Thank you.
CHAIRMAN COYLE: Thank you very much.
MS. FILSON: Brad Cornell. He'll be followed by Linda
Colombo.
MR. CORNELL: Hello, Commissioners. Brad Cornell on behalf
of Collier County Audubon Society. Thanks for the opportunity to
weigh in on this. It is very important, and we do appreciate that
opportunity.
Regarding access. I think we need to keep in mind that as you've
been hearing, Tigertail has a unique nature, and -- as compared with
many of the other beaches here in Collier County and other places.
It's mostly a habitat beach and ecotourism destination of national
reputation. It is the second most important coastal water bird habitat
or beach on the west coast of Florida documented in studies that have
been done right here.
Collier County should look at this as having gained an incredible
beach preserve, not as having lost a typical sunning beach. Thus we
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should, as has been suggested to you, promote it for what it is.
And regarding the typical sunning beach access that it can also
provide, we should promote this use, too. I was down there this past
week and timed some walks just to see how long it took.
And from the point at the property line where the crossover, the
walkover is proposed with the red line to the wide expansive beach is
five minutes. And to the Gulf, it's eight minutes. So it's really not a
long walk, and most beaches have about a four- or five-minute walk
anyway to get to the water. So I think it's not really out of that league,
so we need to keep that in perspective.
Building a rest room and kiosk in the south parking lot along
with the pedestrian walkover, I think, is a very good idea. We felt the
need when we were standing there in the parking lot, thinking, where's
the rest room.
So -- and then, along with that, we also happened to count the
parking spaces, and there aren't that many in the parking lot. So going
back to your beach access workshop, I bring up the issue of a shuttle
again. And I think that this would be -- an off-site shuttle would be
very compatible and a good complement to a pedestrian walkover.
And so I think that would provide, along with that relatively short
walk to the sunning beach and to the water, a good solution for many,
many beach-goers. I think Easter would have been much more
enjoyable for the people who were at Tigertail if they had had some of
those options, as well as at Delnor Wiggins or Vanderbilt Beach.
Also, we need to keep in mind, because it is so important as a
habitat beach and ecotourism destination, we need to collectively,
through volunteers in your Friends of Tigertail, Collier County
Audubon Society, and the county itself, increase the monitoring that
goes on, provide a full-time ranger, recognize that we're going to have
to educate people and show them what the beauties and wonders are
of this unique place. And it is very unique.
And so I close by just saying that we're also very willing to
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partner with you and work with you on making this a good, safe
beach, enjoyable for everybody, birders and sunners alike. Thank
you.
CHAIRMAN COYLE: Thanks, Brad.
MS. FILSON: The next speaker is Linda Colombo. She'll be
followed by your final speaker, Russ Colombo.
MS. COLOMBO: Good afternoon, Commissioners, Linda
Colombo. I, too, watched your beach access workshop on the
television, and I did see where many of your beaches were crowded.
And if you've come down to Tigertail recently, you see that the beach
is being used.
And we do have a limited amount of parking there, so it seems to
me that spending money on a tram to bring people around to where
they could walk for only -- where it's only going to take them five
minutes to walk around to, if you do put another pedestrian walkway
across, I don't understand that. I don't think you need to spend a lot of
money on it. They will walk. I mean, this beach is being used. The
parking spots are being filled up.
I don't know where you would put more people if they want to
come. You're going to end up with more traffic jams like I understand
that you have up for Vanderbilt, I believe it is. Traffic jams are going
on for three hours.
You can't build something and then not allow parking for the
people, so I think you should think about that. You're limited with
your parking.
We have been asking -- as a member of Friends of Tigertail, we
have been asking Collier County and the parks and recs. to please put
better signage up there so people know what Tigertail is all about,
where to go sunning, where to go for nature, and how to get there.
We've been asking for that. It's a very inexpensive project for you to
start tomorrow, if you just give Marla the nod.
We've been asking for the rest room facility, which I understand
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is in the proposal, at the south end of the parking field.
We've been asking for another walkover. N ow I understand that
might happen. Parks and recs. agreed on advising you on a pedestrian
walkover, not a tram. Tram didn't even come up at the meeting. So
this tram has been thrown at us today. I've read about it in the paper,
but this is the first I've officially heard about it presented to you. I
don't think that's quite fair.
But a tram, I don't think, is the answer. It's going to have more of
an impact on the beaches. You're going to have more of a problem
with your regulatory agencies. You're going to have a problem with
beach cleanup.
And my final word is, who's going to operate these golf carts and
trams or watch out for the public safety on these? We have one ranger
that comes to Tigertail and is there occasionally during the day. They
have other duties besides Tigertail. They're not full time there for the
public beach-goer. They're not full time. They're there occasionally.
So I'd like to leave with those thoughts. We'd like to see more
rangers. Thank you.
MS. FILSON: Your final speaker is Russ Colombo.
MR. COLOMBO: Good afternoon. My remarks will be brief.
There's nothing I can add that hasn't been said already, except that I
seem to be forever following my wife around.
I came here to offer what meager support I could to what I
thought, and I still do think, was the most intelligent approach to this
issue, and that was the one that was forwarded by the Parks and
Recreation Advisory Committee, and it simply dealt with a pedestrian
boardwalk across the mangroves with -- I'm tempted to call it head--
but bathroom facilities at the end of it and proper signage, because I've
always been surprised how many people don't even know that we have
a southernmost parking lot there.
That seems to me to be the most intelligent way to approach this
issue. And I think like almost everyone else that came here, I've been
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shocked and surprised by what seems to be an obsession with the tram
idea.
It kind of reminds me when my kid was first learning to walk. I
suddenly found myself wondering what car I was going to buy him.
It's sort of along that way.
I would strongly support and suggest that we first start with a
simple solution to this before we start trying to resolve an issue that
may never be an issue, and that's the one of the tramway, which I'm
not particularly in favor of.
And Mr. Coletta, you mentioned something I have to find
commendable. You talk about, we want to provide access or facilitate
people that were handicapped or, perhaps, elderly, like myself, and we
mustn't overlook the fact that Tigertail offers something else that's
unique besides the wildlife, and that is, if you park in the facilities that
are there for parking right now, a really short walk, you have sand,
you don't have surf, but you have a pretty interesting lagoon right
there where most elderly and handicapped people like to sit down and
enjoy themselves.
So that's a facility that isn't found in other beaches, and we
should not forget that. That's about it. Thank you.
CHAIRMAN COYLE: Thank you.
Okay. Commissioners, what is your pleasure?
COMMISSIONER COLETTA: I think we already gave
direction.
CHAIRMAN COYLE: We did give direction, but I think we did
miss some things. We probably shouldn't have given direction until
after we got public input. But the one thing that staff has asked us to
do is to accept the Tigertail Beach park boardwalk feasibility study,
and that's the one that we're really rejecting. Okay.
MS. RAMSEY: Right.
CHAIRMAN COYLE: And we didn't say that here. And I'm not
-- I'm willing to say it, but I'm not sure I've got enough support on this
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board to do it.
Commissioner Halas was first.
COMMISSIONER HALAS: Yes. I don't have -- I'm not going
to support the boardwalk, but I will support the walkover over the
mangroves. I think that's important. And I also think that the tram
should be left in the equation, and I think that we ought to look at
either the tram -- some way of moving people.
Now, I'm not sure how far we're looking from the parking lot to
where this is open access to where it's open for the people and not
encroaching on the wildlife area.
Can you tell us about how far that is?
MS. RAMSEY: The distance from where like the rest room
facility would be?
COMMISSIONER HALAS: Yep. To--
MS. RAMSEY: About a mile.
COMMISSIONER HALAS: About a mile?
MS. RAMSEY: Give or take.
COMMISSIONER HALAS: I think that we're going to need to
have some type of -- way of getting -- transporting people there. So it
may not be the tram, it may be something else. It might be a skyhook
or something, but I think something should be there to get people back
and forth, especially if it's a mile.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: The only thing I would support
at this time is the tram. It doesn't mean that I wouldn't support
sometime in the future the dune walkover. I don't want to remove
from the equation -- even though everyone says it's impossible the --
what do you call it, the causeway, the bridge, the --
MR. WEIGEL: Boardwalk.
COMMISSIONER COLETTA: -- boardwalk, for the simple
reason that at some point in time we've got to negotiate with the state
and the federal. At that point in time it gives us a little bit of a
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April 12, 2005
bargaining chip to say, oh, yeah, we'll eliminate it. But why throw our
cards away now?
CHAIRMAN COYLE: Well, I hate to say this, but it doesn't
make any difference what we say, we can change our mind next week.
But nevertheless -- Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. I, too, support the
walkway over to the beach from the parking lot. I think that's a great
idea.
I also support a tram, and I think we should do that soon because
there are a lot of people who cannot walk that distance, whether they
be elderly or whether they are handicapped or whether they're healthy
young parents with little kids carrying beach chairs and so forth.
I think definitely we ought to have better signing, and I would
like to see that incorporated into this as well.
They've -- they've talked about more ranger coverage, and I think
that as long as we have trams going there, we would need more ranger
coverage, so I would ask that you look at that as well, and I think
we've come up with a good compromise.
COMMISSIONER HALAS: Commissioner, I believe that the
tram operator would probably be a ranger, because we sure are not
going to let just anybody drive it, so it would have to be a ranger.
COMMISSIONER FIALA: Oh, there we go, yeah.
CHAIRMAN COYLE: Okay. Let's see if we can pull all this
together.
All of you in favor of a rest room here?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Okay, everybody.
All of you in favor of better signage?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Everybody.
All of you in favor of a walkover just over the mangroves from
the parking lot?
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April 12, 2005
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Okay, we've got two.
Everybody in favor of a boardwalk going across the lagoon.
COMMISSIONER COLETTA: The way you worded it, I don't
particularly care for it. I just don't want to eliminate the possibilities.
I'm not saying I'm in favor of it.
CHAIRMAN COYLE: All right. Then I'll ask it a different way.
All those who oppose a boardwalk over the lagoon, please raise your
hand.
Okay, there's three of us.
And a tram? Who's in favor of a tram? Three, okay, four.
All right. So what we've got is guidance to the staff to put in a
rest room, better signage, a boardwalk over the mangroves.
MR. MUDD: Let's call it a walkover.
CHAIRMAN COYLE: Walkover.
MR. MUDD: We don't want to use boardwalk at all.
CHAIRMAN COYLE: Walkover.
COMMISSIONER HALAS: Walkover.
CHAIRMAN COYLE: Yeah, that's right. A walkover, and--
MR. MUDD: No boardwalk.
CHAIRMAN COYLE: No boardwalk, and a tram. You look at
the permitting on a tram. Nobody said they were going to build a tram
yet.
COMMISSIONER HALAS: Look at permitting.
CHAIRMAN COYLE: Okay. Just look at the permitting on the
tram.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: All right. You straight? You got enough
guidance now?
MR. RAMSEY: We've got it, sir.
CHAIRMAN COYLE: Okay, good. Thank you very much.
What's our next item, County Manager?
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April 12, 2005
MR. MUDD: Break.
CHAIRMAN COYLE: Break is the next item, good. Thank you
very much.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: We're back in session now.
I presume we're going to lOG now, County Manager?
Item #10G
REAL ESTATE SALES AGREEMENT FOR THE SALE OF 2.05
ACRES TO THE GLADES COUNTRY CLUB APARTMENT
ASSOCIATION, INC. FOR A NET REVENUE OF $228,121 -
APPROVED AND IS IN THE PUBLIC'S INTEREST
MR. MUDD: Yes, sir. lOG is old item 16C12, and it reads, it's a
recommendation to approve and execute the attached real estate sales
agreement for the sale of 2.05 acres to the Glades Country Club
Apartment Association, Inc., for a net revenue of$228,121, and this
was moved to the regular agenda by Commissioner Halas.
And Mr. DeLony and Ms. Toni Mott are here to present.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. The only reason I wanted this
moved off the consent agenda onto the regular agenda was that I was
passed some information that was not into (sic) our information
packet, and I felt that -- that was the only reason I wanted to bring this,
is that I felt that staff, when they put together an agenda package, that
all items, whether it's of interest to the board members or not, should
be in there, and this was -- regards to all of the correspondence that
went on in regards to taking care of this issue with the two acres of
property there in this area with the Glades. So that's my only concern.
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April 12, 2005
MR. MUDD: The appraisal is one of the things of concern. Go
ahead, Jim.
MR. DeLONY: Sir, I guess I'd -- for the record, Jim DeLony,
public utilities administrator. I guess I don't understand what it is that
was missing from the packet. If you could help me with that, I could
probably answer your questions more directly.
COMMISSIONER HALAS: Yes. When I looked at what the
bids was and then looking at what the property appraiser's value on the
property was, I had some concerns and -- because the county pays
dearly for a lot of access when we go to get right-of-way access from
roads.
And I think the county did have a minimum bid of about 225,000
and the bid that came in here was a little over what, 232,000.
But when you went on property appraiser's cite, their -- the
property appraiser had a value of about 400,000. And so that's why I
was concerned at -- why the difference compared to what the property
appraiser listed, and then what the county basically listed the property
for as a minimum bid, and maybe you could fill us in a little bit on
that.
MR. DeLONY: Yes, sir. I'm going to have real estate comment
directly, and then I'll come back to a summary, sir.
COMMISSIONER HALAS: Okay.
MS. MOTT: For the record, Toni Mott, real estate services. The
current 2004 assessment is 421,827, but if you look at breakdown, it's
133,500 -- 133,500 for the land, and 288,577 for the improvements.
The property is currently zoned multifamily residential, and the
appraisal was done as such, which brought the figure in at 110,000 per
acre. The appraiser did not put any value on the improvements.
COMMISSIONER HALAS: And why would that not be in the
-- in the -- yeah, in the appraisal? Why wouldn't those improvements
be listed in there?
MS. MOTT: The reason he didn't associate any value with that is
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April 12, 2005
because the parcel is zoned multifamily residential, and when we were
doing an arm's length transaction, we don't know who's going to bid
on the property, so we had to base it on what the typical bidder would
be looking at. If they came into the property, they could develop it for
multi-residential, family.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: And is it -- it's interesting question. Is it
possible that the existing structure would have no reasonable use to
any other purchaser other than the government? Is that true or not?
MS. MOTT: That is true, or the only other people it would have,
perhaps, a value to would be for the Glades Association if they were
to be -- if they were to utilize the existing improvements, but we didn't
know that at the time that we were putting the bid in the paper.
CHAIRMAN COYLE: I see, okay. Thank you.
Commissioner Halas, does that answer your question?
COMMISSIONER HALAS: Yes, it does.
CHAIRMAN COYLE: Are you okay? Okay.
Is there a motion to approve?
COMMISSIONER HALAS: I'll make a motion for approval.
CHAIRMAN COYLE: Motion by Commissioner Halas for
approval.
MR. DeLONY: Sir, we have something here -- the attorneys
need something to be put on the record here before we do something.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay, all right.
MS. CHADWELL: Good afternoon. Ellen Chadwell, assistant
county attorney. I'm sorry to interrupt. I just wanted to add one item
to the recommendation, that is that you find this sale to be in the best
interest of the public.
CHAIRMAN COYLE: Thank you. We have --
MS. CHADWELL: So if you could include that in your motion.
Thank you.
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April 12, 2005
CHAIRMAN COYLE: Okay, thank you. We have a public
speaker?
MS. FILSON: Yes, sir. We have one speaker, Lindy Adelstein.
MR. ADELSTEIN: Good afternoon. It's nice to be before you
again. The only thing I'm going to say is I'm glad we got that part of it
straightened out, and any conflict with owners -- there are 1,169 units
in the Glades; 55 people voted against this out of that number, and
most of them was because they were part-time owners and they didn't
want to spend the money.
Other than that, I will say this. Thank you for the first time when
we met with Jim Mudd to get this started, and, second, the fact that it's
going to do an awful lot of good and it's going to put the Glades back
together again because this property is in the Glades and it could have
been owned by somebody else. Thank you all.
CHAIRMAN COYLE: Okay. Thank you very much.
COMMISSIONER HALAS: That goes in my motion.
CHAIRMAN COYLE: So we have a motion to approve the sale
of this property and a finding that it is in the public interest to do so.
COMMISSIONER FIALA: My second as well.
CHAIRMAN COYLE: And a second by Commissioner Fiala.
Is there any further discussion?
MR. MUDD: Commissioner, just so you know that on your -- on
your screen right now is the exact way we went about doing -- doing,
selling, surplusing this particular property in order to go out and do
bids and advertisements to do that collection, so that is there, and I'll
make sure that that's part of the public record.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. MUDD: And that's almost -- you know, it's at least six
months old, and the property will not be available for occupancy until
October 2004 (sic), and Mr. DeLony should be exiting that property in
June of 2005, so --
CHAIRMAN COYLE: Okay, good. Thank you very much.
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April 12, 2005
Any further discussion by commissioners?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It carries unanimously. Thank you very
much.
Now we have -- We're at public comments, aren't we?
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Okay. Do we have any --
MS. FILSON: No, sir, I have no speakers.
CHAIRMAN COYLE: Okay. County attorney's report?
MR. WEIGEL: Nothing further to report.
CHAIRMAN COYLE: Okay. Any other constitutional officers
here? No.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
County Manager?
MR. MUDD: Yes, sir. First of all, my apologies for not having
all those packets in for Ave Maria and the confusion in the process.
This went down to the wire.
And I will tell you when the agenda went to the packet -- went to
print on Wednesday of last week, we were nowhere. This was -- this
was stopped, it was time out. Both sides were moving away from the
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April 12, 2005
tab Ie.
I told Mr. Varnadoe, I said, I don't believe this is where we want
it to go. I said, what I'll do is I'll put a placeholder on, and we'll see if
we can get an agreement hashed out over the next five days or so, or
through the weekend, and we did meet on Friday late. So my
apologies for not having the packet in a timely manner.
I'll just let you know, you know, I dumped a series of packets in
the trash last night for agreements that I've gone through and pitched
them. I will tell you, Mr. Jeff Klatzkow basically does seven-page
agreements, and Mr. Varnadoe does 32-page agreements, and I would
rather read Jeffs.
But just to let you know it is -- and it's been that way. Mr.
Varnadoe would present an offer, an agreement, we hashed through it,
and then we'd come up with a different one that would be seven pages,
then it would come back to 32, and that's the way it's been going for
over 60 days.
So, again, my apologies.
CHAIRMAN COYLE: Jim, that's the way lawyers make their
money.
MR. MUDD: Well, I don't want to do -- I don't want to say that.
I will just tell you that I believe we're represented by a very good
series of lawyers up in the county's attorney's office, and my hat's off
to them. They've always been available as we go through this, and it
hasn't been easy on anyone.
The next issue, I was approached by the city manager, Mr. -- or
Dr. Robert Lee. We talked on Monday, and he relayed to me that the
offer that was -- where the board sent forward to the county attorney's
office for $10,000 to basically drop both sides on an appeal for the
overpass and legal fees and things like that, or our appeal to their
amendment, their compo plan amendment, that his council met in
closed session and they basically rejected our offer.
Now, they haven't formally said that to our county attorney's
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'0",.__,--
April 12, 2005
office, but that's basically what we're going to get at hard copy here
real soon. He asked if there was another way to try to come up with
some viable option to -- that would be beneficial to the city, beneficial
to the county, and basically put this particular issue behind us.
The -- and what we basically wrestled out during that morning
meeting on Monday at 7:30 this week was he would take to his
particular board an offer from the Board of County Commissioners to
-- for $100,000 to be used toward Burning Tree Road.
When the city annexed Royal Poinciana, they made a promise
about Burning Tree Road and upgrades to it that haven't been done
yet. Those particular upgrades to Burning Tree Road, Mr. Lee, or Dr.
Lee presented to -- represented to me that it would be to the tune of
some $750,000 that the city would have to do. And if you know
where the Burning Tree and Royal Poinciana is, it's those two lights
that are really close together, and we've basically left the second light
up there in abeyance until that realignment can transpire and/or
Goodlette- Frank could be expanded to six lanes.
Well, Mr. Norman Feder and the transportation department are
going to expand Goodlette- Frank Road between Pine Ridge and
Golden Gate Parkway in the relatively near future.
When that happens, we will do some upgrades to that
intersection. And Norman had projected that that would be above and
beyond what he had for the Goodlette- Frank Road to the tune of about
$50,000, that he was going to do, but the city was still -- they were
still responsible to do the other alignments. And that -- and that,
again, Dr. Lee represented, is around $750,000.
I talked to Norman about, about his ability to offer $100,000 out
of his funds out of transportation in order to get this particular issue
behind us, and at the same time, get that road fixed, and hopefully this
would give the city the initiative to get it done with and put their
money into the road alignment, and we'd get that all resolved at the
time that we did Goodlette- Frank Road.
Page 1 77
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April 12, 2005
I told Mr. Lee that I would present this to the Board of County
Commissioners this afternoon so that he could present that to the city
council depending on your direction. He wanted more than a 100,000,
but I got it down to the $100,000 point.
I believe I started this particular thing when I mentioned $50,000
once before to him about this particular issue. I think we can get it
behind us for $100,000.
Norman has the dollars in order to do it. He thinks it's a good
idea. This basically represents a project that's concrete in the terms of
providing some transportation relief to the particular community, and
if we continue to go where we're going to go, both sides are going to
spend some more money on legal fees, and we figured it would be a
good way -- a good way to appease this.
After all, the overpass is going in at Golden Gate Parkway and
Airport Road. Their compo plan did get approved, so I believe both
sides got something that they wanted in this particular case. Now it's
just -- maybe we can end this.
CHAIRMAN COYLE: So what is your bottom line
recommendation?
MR. MUDD: Commissioner, I make a recommendation that the
Board of County Commissioners make an offer to the City of Naples
that we offer them $100,000 above and beyond the improvements that
we are going to make at Goodlette- Frank and Burning Tree Road to
help them defray the cost of making that realignment of the road on
Burning Tree Road, and that -- and that offer in counter from the City
of Naples, we would drop all disputes over legal fees and/or appeals to
the compo plan amendment.
CHAIRMAN COYLE: Now, is this $100,000 in payment, or is
this $100,000 in services of some kind?
MR. MUDD: This is -- this is $100,000 to put into their contract
to help them pay for their particular contract for that particular road.
I know two years ago, Mr. Rambosk had put in a request to the
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April 12, 2005
board during a budget for some $500,000 to help them defray that
cost, and it was something that they didn't get at the time. But, you
know, I went back and I was looking at city requests for funds, and
that was one of them two years ago.
So they have an obligation. They understand it. From what Mr.
Rambosk said two years ago, it looked liked they needed $500,000.
What Dr. Lee says now, it's probably 750. I believe it's in the ball
park.
CHAIRMAN COYLE: Okay. Commissioners?
COMMISSIONER HALAS: Let's do it.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: I agree.
CHAIRMAN COYLE: All right. Okay. Looks like you've got a
majority of nods here.
MR. MUDD: Yes, sir. Thank you very much. That's all I have.
All right.
Commissioners? Commissioner Halas.
COMMISSIONER HALAS: Yes. I've got an item that I'd like to
bring before the Board of County Commissioners here, and that is in
regards to the Malibu Lake PUD that we heard on February 22nd.
There wasn't any clarification in regards to the signage that the
petitioner was wanting to address on the building, and this would be
the Super Target store.
And staff had basically said that they were opposed to increasing
the signage from 250 square feet, and I believe the petitioner wanted
705 square feet, and I'd like to bring this back to get this addressed,
because I feel that we have a signage ordinance here in Collier
County, and I think that staffs recommendation is the one that we
probably should adhere to.
And maybe Joe Schmitt can give us -- enlighten us on how we
can approach this since this PUD has been approved, but this was not
addressed at the hearing.
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April 12, 2005
MR. SCHMITT: Commissioner, for the record, Joe Schmitt,
Administrator of Community Development/Environmental Services.
Mike DeRuntz, Principal Planner is with me. He was the planner
involved in this petition. We did send a memorandum.
The board approved the PUD language that concurred with the
language that was presented to the planning commission as well. Both
the Planning Commission and board fundamentally approved the PUD
as written which allowed the deviation.
We failed to point out to you our disapproval. Our disapproval
was basically based on the fact that it was excessive above and beyond
what the LDC provided. The drawings, after reviewing the drawings,
looking at the signage, it is not that obtrusive. I'll turn it over to Mike
if you want to know the particulars. But if you want to call this item
back, we would have to call it back to address this specific issue.
Frankly, I don't think it's worth the effort to do so. But if you all
believe it is, it's the -- it was the signage on the side of the building
that's a standard Target store signage to identify different areas of the
store.
Mike, if you want to add to that. We have a drawing shown here.
Go ahead, Mike.
MR. DeRUNTZ: Yes, sir. Staff was recommending denial of
this deviation. We were recommending that they stay within the 250
maximum square feet of wall signage. They're proposing 706 square
feet for their different signs.
They did reduce it down somewhat from what they originally
had, but it still exceeded the LDC requirements. It's only 5 percent of
the total wall sign area. And I've spoken with staff about possibly
looking at maybe doing some amendment in the future, you know, for
these big box buildings.
But the staff was, you know, wanting to stay within the LDC
requirements. And it was my fault that I didn't -- I asked the question
during the planning commission. I misunderstood what they said, and
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April 12, 2005
I didn't relay that to you in my executive summary, and I apologize.
MR. SCHMITT: If I could also point out that if they were to
build two stories there, they certainly would be able to do twice our
PUD. This is almost as large as a two-story. So when we looked at it
after they presented the renderings, it did not appear to be that
significant of an issue in regards to the signage. But certainly if this
board believes that it wants to address this issue, we'll have the
petitioner come back and we'll address this point.
COMMISSIONER HALAS: That's up -- I brought it up before
my Board of County Commissioners.
MR. SCHMITT: Like I said, there's no amendment. It was
approved by both the planning commission and the board. I think
when we -- during a public hearing, we just failed to point out -- it
clearly, the staff objection, when the planner informed me of it, I said,
well, I don't want this to appear like staff did something behind the
scenes. I sent a memo saying exactly what had happened, basically
that both the board and the planning commission approved it, but I
don't think we made it clear that it was action over the objection of
staff.
So we just wanted to clarify that, and if you have any concerns,
we'll bring the item back to address -- to address this one specific
Issue.
COMMISSIONER HALAS: Well, I can't see where we need to
bring the whole thing back, but I just wanted to make sure that it was
clear and all the facts were out front exactly what was going on here.
MR. SCHMITT: Okay. And we're comfortable with it. Staff,
after reviewing it again, we're comfortable with it.
COMMISSIONER HALAS: The only thing that I was
concerned about was staff was definitely against it, so that's why I
brought it up for--
MR. SCHMITT: And I appreciate that, Commissioner. But we
just wanted to make sure this did not appear to be anything like
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April 12, 2005
negotiated behind the scenes.
COMMISSIONER HALAS: Okay. I'm comfortable with that.
MR. MUDD: Mr. Schmitt, if I could ask one question, that
rendering that we're looking at right now on the overhead where it has
Super Target in the middle --
MR. SCHMITT: yes.
MR. MUDD: -- and the grocery store down over by the left-hand
side, is that exactly the way the signs are going to look on this?
MR. SCHMITT: There will be an additional one on another side
of the building --
COMMISSIONER HALAS: The only thing I ask, that staff --
MR. SCHMITT: Those as well. So those are the signs that will
-- those are the exact renderings of the signs that will appear that will
be permitted as part of the building permit. They'll be permitted
separately, but they'll be part of the permitting process.
COMMISSIONER HALAS: The only thing I ask, that staff next
time would clarify the -- the next time we have a petition of this
nature.
MR. SCHMITT: Absolutely, Commissioner. Thank you.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COYLE: Anything else, Commissioner Halas?
COMMISSIONER HALAS: That's it.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Thank you very much. I
do have two items I'd like to go over.
I'm a little bit concerned in how we handled agenda item 8A. I'm
very pleased with the fact that we -- this has to do with the ordinance
amendment -- ordinance 92-60 relating to tourist development tax.
And we did right by the museums, that's fine.
But number two, use the surplus over projected revenues from all
categories for promotion. N ow we never got to the point that we got
into a deep discussion, we moved on to the next. I'd like very much,
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when we have the full commission here, to be able to go through that
one more time.
I'm very concerned with the fact that we have a large industry out
there that is dependent upon these funds to generate business in the
coming year. There's a good return for each dollar spent coming back.
This will keep our residents employed throughout the summer.
And I'm sure that -- good, we're getting some response to this, a
couple of lights already gone off. With that, I'm going to give it to
Commissioner Fiala, then Halas, so we can discuss this, but I have
another item after this, too.
COMMISSIONER FIALA: Okay. I feel the same thing. I
think, you know, when I spoke of it, I really felt that I would like to
give them the dollars this year, and I know that Commissioner Halas
said, you know, he would feel more inclined to do that if maybe they
weren't quite as many, so I think there was some negotiation available.
But they're dealing with something they've never dealt with
before, four hurricanes and all of the publicity. They're trying to get
people who usually come here to get -- to stay away. And as soon as
they start luring the business someplace else, we're going to lose it.
And I just feel it's really important this year, this year, to address that.
CHAIRMAN COYLE: Okay. Commissioner Halas is next, but
let me just make a point of order here. There was never a dollar
amount recommended or brought before the board. The only thing we
could vote on was to change the ordinance. That's the only option we
had was to change the ordinance.
If we had changed the ordinance, at some future date and time we
could debate how much we want to allocate for this purpose, but the
amount of money was never under question on this agenda item.
It was only whether you wanted to change the ordinance to
permit money to be -- the excess funds to be used for the purpose or
not, and we voted not to do it.
So I just want to make sure that everybody understands that it
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April 12, 2005
was not a debate about the amount of money. It was a debate about
changing the ordinance.
Commissioner Halas?
COMMISSIONER HALAS: Commissioner Coyle, you're
absolutely right in one aspect, but I believe that there prob -- our
commissioners here are referring to the first proposal that was put
before us to vote on, and that was -- there was a monetary amount of
money that was discussed.
And -- but you're absolutely right that when we readdressed the
question again, we left out the monetary value. Myself, when I look at
large corporations and putting a vast amount of money in and they are
not getting any takers for whatever reason -- and I think it's kind of
premature because I think it's fairly young in the season, but I can't see
where an additional $640,000 is going to help.
As I stated to Commissioner Henning when we were on the
phone, I was willing to up the ante with added advertising of about
250,000, so -- and that's where I stand on it.
CHAIRMAN COYLE: Okay. Let me clarify something for you
so the public doesn't get the wrong impression. You weren't on the
phone with Commissioner Henning privately, it was when
Commissioner Henning --
COMMISSIONER HALAS: Commissioner Henning called in
here.
CHAIRMAN COYLE: During our public meeting, okay, so I
don't want you to get yourself into trouble, okay.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I -- you know, you said that
you couldn't see how the 640,000 would do anything, but with the
presentation that we received with being able to get these advertising
rights with 70 percent off, only paying 30 percent of the bill, and by
placing it in strategic markets -- and then I like the idea also of being
able to know how successful it was, to be able to measure its success.
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April 12, 2005
I think that that was a good thing, too.
I think that they need all that money, and if they can make
$640,000 work like two million, that's great as far as I'm concerned.
CHAIRMAN COYLE: Okay. But let me bring you back to the
issue. The executive summary did not ask you to approve $640,000.
COMMISSIONER HALAS: Exactly.
CHAIRMAN COYLE: It didn't ask you to approve $200,000.
There was no money in that at all. The only thing we were asked to
vote on was to change the ordinance to permit excess funds to be used
for advertising. Didn't say how much.
So that would have had to be a debate for another day. So the
only thing we could have voted on today was to change the ordinance.
We voted not to change the ordinance.
COMMISSIONER HALAS: Right.
CHAIRMAN COYLE: Now, what your concern is today, right
now, is that, well, if we'd talked about money, we could have
negotiated this thing down to a level that maybe would have made
some sense and people would have agreed to, but that wasn't on our
agenda. That wasn't -- okay.
Commissioner Coletta?
COMMISSIONER COLETTA: You're absolutely correct. But
if I may, the only thing -- it took four votes to make that happen, and it
didn't happen, and we're back to square one now.
The only thing I'm asking is that we bring this back at another
day when we have five sitting commissioners here because of what's
at stake out there. We have the possibility that our -- the whole
industry out there that's depending upon their summer trade to carry
them through may not get it, and I'd hate to be the person that's
responsible for that happening.
I'm just asking them -- how would you word it, Mr. Weigel --
reconsideration to bring this back?
COMMISSIONER HALAS: No. It's a new agenda item.
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April 12, 2005
CHAIRMAN COYLE: I don't know if you can even do that.
COMMISSIONER COLETTA: Well, wait, that's what we've got
a county attorney for.
CHAIRMAN COYLE: Yeah, yeah.
MR. WEIGEL: Glad to know what I'm here for. The
reconsideration --
CHAIRMAN COYLE: That's one of the reasons.
MR. WEIGEL: The reconsideration, there are a couple
possibilities there. One is that if you do the regular reconsideration
that occurs after this meeting, what happens is a commissioner who's
voted with the majority on the item may make a motion to bring it
back, that motion is heard at the next meeting, and then the item itself
is scheduled for two meetings later.
That makes it a little lengthy time-wise, and we're dealing here
with, what was voted on was the ordinance, and a portion of the
ordinance, proposal for amendment was not voted on today.
It's probably not the best way to do a motion to reconsider the
ordinance that you've already approved right now. I would tend to
suggest that you give staff direction. They can immediately
readvertise the ordinance in its -- in the form that's necessary to
address the issue that was not voted on today and bring it back.
It would be two meetings away because of the 10-day
advertisement and the seven days that's needed before that. So it
would be, what, today's the -- it would be the first meeting in May
when you'd have that.
There is another way under reconsideration where before the
adjournment of the meeting that you bring it up. I want to take a
second to look at that, if I may. But what we do then is essentially,
potentially stop -- well, we would still -- we would still submit the
ordinance as amended to the secretary of state, and then if you were to
change -- you probably will not be changing what you've adopted. It's
a curious thing here. So it would probably still stay in place.
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April 12, 2005
If you can give me about two minutes, I'd like to refer to the
motion to reconsider if made during the current meeting where the
first motion was taken.
CHAIRMAN COYLE: Well, what -- who would be in the
majority a motion of the type that we had where it failed?
MR. WEIGEL: My recollection is I think that all four of -- well,
you had all five you. It was a 3-2 vote. The majority -- yeah, that's
right then. Mr. Halas, Mr. Coyle, I think voted against it.
CHAIRMAN COYLE: So we would be the majority --
MR. WEIGEL: No.
CHAIRMAN COYLE: -- because we prevail?
MR. WEIGEL: No. It's the ordinance itself that was passed is
the vote that prevailed, the three votes, meaning Mr. Coletta, Mrs.
Fiala, and Mr. Henning, would have the ability to make a motion.
CHAIRMAN COYLE: No, no. There are two parts.. There was
one part that was voted on, which was the funding, and that was
defeated, okay, so that wasn't -- so that part of the ordinance was not
revised.
The part of the ordinance that was revised had to do with a
second motion, which we all agreed to. And so -- and so the only
thing that is in dispute is whether we can reconsider the motion to
amend the ordinance to permit so-called excess funds to be used for
advertising. And that -- that failed, that one failed.
MR. WEIGEL: Well, the vote that failed --
COMMISSIONER HALAS: Why don't we do this --
MR. WEIGEL: That's right. It required a four vote, didn't it?
CHAIRMAN COYLE: Yes.
MR. WEIGEL: So the vote that failed was for all elements to be
amended.
CHAIRMAN COYLE: That's right.
MR. WEIGEL: Now, the vote that passed was for the category C
elements to be amended alone.
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April 12, 2005
CHAIRMAN COYLE: That's right. So you can't -- I mean, if
you reconsidered that one, the only thing you could reconsider was the
category C ordinance.
MR. WEIGEL: Correct.
COMMISSIONER FIALA: Couldn't we just say that we want X
amount of dollars coming from the excess funds this year to be used
for advertising, rather than go through all of that stuff? We were able
to -- we were able to take some issues and just put them on the next --
continue them till the next meeting. Why couldn't we just --
MR. MUDD: Ma'am, the ordinance -- the ordinance breaks
down the funds, those three -- those three pennies, three cents,
whatever you want to call it, okay, breaks those down in certain
percentages by category, and those dollars go into those categories and
stay in those categories, and it -- basically if they're not expended in
that particular year in that category, it rolls over into that category the
next year.
So just think of it, each one of those categories has like a little
separate reserve. And the only way to get at dollars in those categories
that aren't ad -- that aren't tourist related as far as advertisement, Jack
Wert controlled, you'd have to get into those -- those little pockets of
reserve in each one of those categories.
And that amendment to A and B sections gave you that ability,
but because that part wasn't passed with -- you know, the first time
around, you lost that ability.
Now, I will tell you as we struggle through this, I'm going to
come to the board in, I told Michael, the first meeting in May with
unfinanced requirements with those dollars.
Remember we kept those dollars based on the appeal? I gave the
board a recommendation that it wouldn't be prudent to go and try to
expend those dollars while we were under an appeal with the sheriff.
Well, we've settled that particular item.
The sheriff will now write to Tallahassee and say that the appeal
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April 12, 2005
is withdrawn. You have some dollars that I need to ask your direction
about what you want to do with them for the remainder of the year.
COMMISSIONER FIALA: How fast can we get them to the
tourist department?
COMMISSIONER HALAS: Well, we've got a lot ofUFRs on
the list that we've got to address.
COMMISSIONER FIALA: Yeah, that's what I mean, you know.
MR. MUDD: I'm just letting you know that I'm bringing that
forward to the board. Now, that isn't tourist money that we're talking
about --
COMMISSIONER HALAS: This is all UFRs.
COMMISSIONER COLETTA: That's asking for tourists.
COMMISSIONER FIALA: Yeah, and I prefer that, too.
CHAIRMAN COYLE: You see, the problem that we're still
failing to appreciate is that you can't -- you can't allocate money
without changing the ordinance. In other words, we can't just decide
we're going to give them another $500,000 because we have to change
the ordinance first.
And so the question is, how do you get to the point where you
can change the ordinance after we disapproved already a change of the
ordinance earlier today. That's the problem; are we right?
MR. WEIGEL: You're right. I think I do have a
recommendation for you as an alternate way for motion to reconsider
that you may wish to consider now, and that is, a motion to reconsider
can be made before adjournment of the meeting in which the original
motion is made.
That motion is made by a person who voted with the majority of
the matter upon which there is a desire to reconsider. The majority
vote, although a failing vote to adopt the ordinance, was still a 3-2
vote to adopt, but it required four to adopt. But majority is majority,
and we take the language as we find it.
So I would suggest that if a majority of the board members who
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April 12, 2005
voted, of which there are -- only in favor of that first failed motion,
two of which are here, wish to make a motion to reconsider, all
members of this board can, in fact, vote on a motion to reconsider.
And what I would ask that you consider then is that you direct
that agenda item 8A -- oh, you've adopted part of the ordinance, but
you want to continue it to the next meeting, so our advertisement is
still good. And probably just as a means of extra care -- and I've done
this before when we are short on time and go the emergency ordinance
adoption route -- would advertise it anyway, although it would be less
than 10 full days before the next meeting, so that it would be heard at
the next meeting.
The reconsideration vote is done here, and so you don't get into
this long process that comes with reconsideration being implemented
after your meeting adjourns today.
So the motion to reconsider would be to reconsider item 8A on
the original vote and that the ordinance amendments -- the ordinance
amendments affecting category non-C, B or whatever it was, be
carried over to the next meeting.
COMMISSIONER COLETTA: I make that motion.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN COYLE: Okay. We have a motion and a second.
Let me tell you, my concern with that is that all the people who had an
interest in that in the public are not here --
MR. WEIGEL: Yes.
COMMISSIONER COLETTA: Yes.
CHAIRMAN COYLE: -- to comment on it or to debate it, and
we have no way of judging whether or not we would have people who
would want to oppose this reconsideration or not.
MR. WEIGEL: That's correct.
CHAIRMAN COYLE: So I will oppose the motion.
But any other questions, comments?
(No response.)
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^ __ ,M"_______,",___'_"'H_____
April 12, 2005
CHAIRMAN COYLE: Then I'll call the motion. All in favor,
please signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Okay. All opposed, signify by saying.
Aye.
COMMISSIONER HALAS: Aye. So the motion fails.
MR. WEIGEL: Commissioners, I would suggest your next
alternative then, because Mr. Coyle is absolutely correct that you need
the vehicle of the ordinance amendment to consider any kind of cash
utilization for advertisement, would be that you direct staff to
advertise this ordinance one of either two ways, either emergency
ordinance for the next meeting or the regular advertised ordinance for
two meetings from now, which we can meet.
COMMISSIONER COLETTA: Well, I'll make that motion.
COMMISSIONER HALAS: For what?
MR. WEIGEL: Which way do you wish to go?
CHAIRMAN COYLE: Okay. A motion by Commissioner
Coletta.
COMMISSIONER COLETTA: Two weeks from now.
MR. WEIGEL: That would be -- okay. And we will exercise it
as an emergency ordinance of which there is no requirement to
advertise, but we will advertise it anyway.
CHAIRMAN COYLE: I think it would be wise.
Commissioner Coletta?
COMMISSIONER FIALA: I'll second that.
CHAIRMAN COYLE: Yeah, and a second by Commissioner
Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Those opposed, by like sign.
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April 12, 2005
Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: So it failed.
COMMISSIONER COLETTA: Good try, David.
MR. WEIGEL: The last alternative is if you wish to -- if you
wish to direct staff to bring the ordinance back in the regular course of
advertisement, which we can do in two meetings from now. Mr.
Mudd can give the date, May --
MS. FILSON: 10th.
MR. MUDD: 10th of May.
COMMISSIONER COLETTA: Your turn.
MR. WEIGEL: If you wish.
COMMISSIONER FIALA: Okay. I'd like to make that motion.
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN COYLE: Commissioner Fiala makes a motion to
bring it back in two meetings with regular advertisement,
Commissioner Coletta is the second.
All in favor, please signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: All opposed, by like sign.
Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: How long we going to do this?
MR. MUDD: Commissioners Coletta said that he had two things
that he would like to talk about. I think we've just resolved the first
one.
CHAIRMAN COYLE: Yeah, the first one, okay.
COMMISSIONER COLETTA: The second one has to do with
my concerns over the ad that was in the paper regarding the impact fee
legislation. At no point in time was I notified that that ad was going to
be an ad. It was my understanding it was just going to be a column
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April 12, 2005
put in the paper. I didn't realize there was an expense attributed to
that, and I checked my e-mail.
I know there's all sorts of ways we can try to justify it, but I think
the simplest way in this world we could deal with this is recognize it
as an expense and approve it after the fact, ask for a motion to be
made to approve it after the fact and get this behind us.
I hate to have this thing rear its head up and say that, you know,
we illegally appropriated money.
CHAIRMAN COYLE: Well, I think it's appropriate that you
bring it up, and I don't have any problem with the action that you're
suggesting.
I would say, in clarification, that the county staff, our public
relations department, and the commissioners, have an obligation to
make sure that taxpayers are properly notified of things of great
importance to them.
And the county staff has the right to make expenditures of this
type, so I'm not at all concerned about the appropriateness of the
expense. I think it served a valid public purpose, but I understand the
reason you want to raise it, and I'm supportive of that process.
COMMISSIONER COLETTA: And I appreciate that, because I
wouldn't make this motion just frivolously. I just want to try to avoid
any types of problems. But I would suggest that when this situation
repeats itself, and if it's of dimensions such as this that you think is
really important, you, as the chair, have the power to declare an
emergency meeting, and I'd be more than happy to attend it at any
time.
CHAIRMAN COYLE: Well, the thing is that this particular
advertisement was proposed in a public meeting by a member of the
public, and they suggested that we run an advertisement in the
newspaper.
The staff, in fact, did that, and they certainly communicated to
me that it was going to be advertisement in the newspaper, and I don't
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April 12, 2005
know about the other two commissioners that -- you knew it was
going to be an advertisement in the newspaper?
COMMISSIONER FIALA: (Nods head.)
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes.
COMMISSIONER COLETTA: It must have been verbal,
because there was nothing that I received bye-mail or letter.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: I had a telephone call.
CHAIRMAN COYLE: Okay, okay. Then -- I know that the
staff went through the proper actions. But let's take care of the issue,
and yours is a good one.
And Commissioner Halas, did you have anything else to say on
that point?
COMMISSIONER HALAS: Yes. I just want to say that I think
it's the obligation of the county commissioners to notify the public and
the citizens here in Collier County about any upcoming legislation that
may have a great effect on us and our quality of life, and I felt that,
Commissioner Coyle, you did the right thing.
And as we know, we were assured that this was going to die a
slow death or quick death, but actually this thing is moving through
the different committees at combat speed, and I have some great
concerns, and I get -- feel that I -- daily I get updates from the Florida
Association of Counties, and also they're very concerned about what's
taking place.
So I just felt that we needed to make sure that we alerted our
citizens, and, oh, by the way, all of a sudden now we're getting a huge
amount of phone calls from lobbyists in regards to -- that are trying to
support this amendment.
So I feel that we did the right thing. You're absolutely right,
Commissioner Coletta. I will take the necessary action to make sure
that everything is above the board here, but I really believe that we
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April 12, 2005
have an obligation, as elected officials, to let the citizens know exactly
what's going on at all times.
COMMISSIONER COLETTA: And since it was the item I
brought up, I'm going to make the final comment.
I never questioned the fact that the legislation out there was
beyond reproach. Probably one -- Commissioner Coyle said, one of
the worst pieces of legislation we've ever seen, no question about it.
My only concern is the appropriation of funds and how we did it,
and I want to try to remove any kind of inappropriate activity if I do
win this particular vote. Since I'm in the minority in this, I shouldn't
be the motion maker.
CHAIRMAN COYLE: Oh, sure, that's fine.
MR. MUDD: Commissioner, if I could just help just a little bit,
I'd like to interrupt for just one second. First of all, you have to
understand that we have -- we have a standing purchase order with the
Naples Daily News.
Procedurally, I had the authority to place the ad, the cost of the
ad was $4,528, and I think Commissioner Coletta has a great point,
and I really believe that the point here is we need a motion that the ad
served a valid public purpose, and I believe that's the real issue.
COMMISSIONER HALAS: I'll make the motion to that.
CHAIRMAN COYLE: Okay. Commissioner Halas has made
the motion.
COMMISSIONER FIALA: And I'll second it. That's what I put
my button on for, was I was going to make the motion.
CHAIRMAN COYLE: Was it, okay. All right. Then we have a
motion and a second.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
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April 12, 2005
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. Thank you, Commissioner
Coletta, for getting that cleared up.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just -- I wanted to just make
one comment, and that was how much I enjoyed meeting Mrs. Canant.
CHAIRMAN COYLE: Canant, yes, yes.
COMMISSIONER FIALA: I didn't know how to pronounce her
name. I think that that was one of the most delightful proclamations
I've had the pleasure to participate in. I mean, she's -- what a vibrant
lady at 100 years old, and the stories that I bet she could share with us.
And I would just -- I would hope that we could invite her
sometime to just tell us some of the stories about the good old days.
You know, there's so little remaining. But, you know, the old
schoolhouse is still down there in Old Naples, if you know where to
look. Thank you.
COMMISSIONER HALAS: Let's have a workshop on it.
COMMISSIONER FIALA: And thank you very much.
CHAIRMAN COYLE: And I have something, now that we've
gotten through those things. I would like to just bring up for
consideration by the commissioners the possibility of running that ad
or a similar ad again very quickly, because our taxpayers are being
deceived. They're being told that this is dead, that it's not going to
happen, and yet every day we get reports through the people who are
representing us that it is speeding through this -- I think it's passed the
Senate, hasn't it? Didn't it pass the complete Senate?
MR. MUDD: It went through -- it went through a committee
yesterday with one no vote, and that was our Senator Saunders.
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April 12, 2005
CHAIRMAN COYLE: Yes, Senator Saunders.
COMMISSIONER HALAS: They've got one more committee to
go through in the Senate, and I'm not sure where they are in the
House.
CHAIRMAN COYLE: I think there are two more -- two or three
more in the House. But the point is that this -- that there is no
indication at all that there are not enough votes to pass this bill that
would virtually eliminate impact fees for new development, so it's a
very, very bad piece of legislation.
Unfortunately, it has been supported by some of our
representatives in subcommittees. If they had killed it in the
subcommittee, we probably wouldn't be here today.
And I think we -- we need to counteract the incorrect infonnation
that is being sent out to the people in Collier County that this thing is
dead. It is not dead, it's very much alive. And even if it begins to lose
some support, you can expect that it will be broken apart and buried
somewhere in the growth management bill.
And if it isn't approved in the growth management bill this year,
it will be approved in the growth management bill next year.
So we're going to have this cloud hanging over our head for at
least a year, if not more, and it's all because we had representatives
who failed to stand up and fight this legislation in the committees. If
they'd fought it then and it became clear that it could not survive, we
would be out from under that.
That is not happening, and the people of Collier County need to
understand that. So it's -- I don't know if you want to consider having
another ad or not.
COMMISSIONER COLETTA: If I may?
CHAIRMAN COYLE: Sure. Go ahead.
COMMISSIONER COLETTA: Yeah. My problem with the ad
was the wording of it. You know, we should give some credit, well,
like this time around for Senator Saunders.
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April 12, 2005
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: Maybe credits to Rivera, some
of the e-mails he sent us saying he'll never support it. Mike Davis has
come out with some very profound statements against it.
We have to go after the people that are really behind this, and
that's the building industry, and pointing them out as the foe that we're
trying to battle.
We need to get the cooperation of our legislative people, but we
have to do it in a way that we recognize the fact that they're willing to
come down.
You people did a tremendous preempt strike by going to
Tallahassee and bringing this up. And believe me, you got their
attention. If you don't -- think they're going to be lying to us, go ahead
and send a letter. I'm not ready to put my name on it though, even
though I'm opposed to the bill.
CHAIRMAN COYLE: Okay. Well, I just need to remind you
that Representative Rivera is a co-sponsor of this bill. Now, he can
withdraw anytime he wants to as co-sponsor. If he believes it won't
pass, he ought to withdraw as a co-sponsor.
Mike Davis voted for this bill and got it through his
subcommittee. If he is not going to vote for it, then have the courage
to stand up and say you're not going to vote for it in the subcommittee.
You know, this is not the time to be playing games. We've got
some very serious issues confronting us here. And I'm going to keep
the pressure on these representatives until they start representing the
people of Collier County rather than the developers.
And that's exactly what's happening now. The developers are
getting this thing through here because they can control how those
representatives are voting, and I think that's outrageous.
COMMISSIONER FIALA: I totally agree. Not only will it be
extremely harmful to Collier County, but for those other counties
around the State of Florida, including the small counties, the little
Page 198
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April 12, 2005
counties who are already at their 10 mill tax limit, and now that
growth is beginning to hit them -- I'm going to think of Hendry
County, for instance. Growth is going to begin to hit them, they don't
have any roads, they don't have the water supplies in place, and they
have no way of getting the money to build them unless it's through
impact fees, and this would just devastate them as well.
I just -- I just think that we have to continue the pressure and let
people know -- don't forget we're battling now a multi, multi-million
dollar industry who thinks nothing of pumping all the money in there
to pass this thing no matter what effects it has on the whole state, and
we've got to stand our ground.
COMMISSIONER COLETTA: May I suggest that we, at the
next meeting, even if the representatives and the senators and
everyone can't make it, could we schedule an agenda item on the
meeting to discuss it and we pipe them in by phone and get their
personal comments?
I'm kind of -- I'm very leery about this public denunciation by
letters and the wording that we've got in place. I'd rather hear from
them right in front of this commission, right in front of the
community, exactly where they stand on it and what they're going to
do to defeat it.
COMMISSIONER HALAS: By that time it's almost going to be
too late. We've got three weeks left.
COMMISSIONER COLETTA: Well, go ahead and do what you
need to do on that. But I mean, if you're going to do something, get
your representatives, your senators, your legislative people involved in
the process rather than stand on the sidelines and just saying, you're
totally wrong on this, you've got to stop it.
You're right to do it to a point, but the way we're going about it, I
wonder if we're not being counterproductive. Let's--
COMMISSIONER FIALA: Well, Commissioner Coletta, being
that we're under a time limitation, is there some way that you
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April 12, 2005
personally can contact each one of our personal legislators and ask
them to put in writing to us --
COMMISSIONER COLETTA: Sure.
COMMISSIONER FIALA: -- that they will do everything
within their power to fight that now?
COMMISSIONER COLETTA: Commissioner Fiala, that's the
best suggestion I've heard in a long time, and I'll do it, because I've
been speaking to all of them almost on a daily basis on this very issue,
and I think that's a very reasonable request, and I'll be happy to
comply with it.
CHAIRMAN COYLE: Well, let me remind you of something.
And, you know, I don't pick fights just because I like to get into them.
You know, there's a principle here. And the issue is not whether a
representative or a senator tells us they're going to fight it.
The rubber hits the road when a senator or representative rises in
the chambers in Tallahassee and begins to oppose it and tells the
people who are sponsoring this bill that they oppose it and tell them
why they're opposing it. It's that fight that makes a difference. They
can tell us anything they want to, and then they can sit in their chairs
up in Tallahassee and let this thing go through.
It's only if they will stand up and fight, if they will withdraw their
endorsements, if they -- and it's too late now for at least one of the
committees. But if they would get their committees not to pass the
blasted bill.
But, you know, if you just let these things slide through and they
tell us on the telephone or they tell us in the e-mail, oh, don't worry, I
won't vote for it, it doesn't make a difference if there's 58 other votes
up there that are voting for it.
So, you know, it's irrelevant what they tell us. It is of prime
importance what they do in Tallahassee to fight this bill and to debate
it and to make sure it doesn't pass.
COMMISSIONER COLETTA: But do what you have to do.
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April 12, 2005
I'm going to follow Commissioners Fiala's suggestion.
CHAIRMAN COYLE: Okay. All right.
Commissioner Halas?
COMMISSIONER HALAS: Yeah. I'd just like to say that I
think what we need to do is to get out in front of this and put an ad in
the paper, but I think we need to address the building industry,
because they're lobbying very heavy, and not only Collier County, but
my understanding, Lee, Manatee and, I believe, Sarasota County, and
I don't know if there's any other counties there.
But I know that Florida Association of Counties, their rep talked
to me at some length on this, and I think that's where we really need to
address the issue. Because I believe what they're doing is they're
calling the citizens up and saying -- giving them irresponsible
information to where they're calling us up and saying, hey, this is
going to be a great idea.
Those people don't realize -- when I say those people, the citizens
that are being called don't realize that, yes, if we end up and lose
impact fees, that the end result in order to address growth -- and you
can't shut growth down because if you have a moratorium, as
everybody knows, you have to find a way of getting out of it, and the
end result is going to be the citizens in this county will end up paying
huge amounts of ad valorem tax because the state will make sure that
that -- that manda -- that moratorium is removed, so the end result is --
COMMISSIONER FIALA: So we want to take an ad out and we
also want to get the opinions of our legislatures, so we have a
two-pronged --
CHAIRMAN COYLE: That's okay with me.
COMMISSIONER FIALA: -- program here.
COMMISSIONER HALAS: But I think we really need to put
the emphasis on the building community, the developers that are
backing this, and I believe it's like 18,000 strong statewide, and they're
the people that are pushing that, they're the people that are the biggest
Page 201
April 12, 2005
lobbyists in Tallahassee, they're the people right now that are making
the big phone contacts here and along the whole coastal area, and I
think we have to make sure that the citizens realize that when they
say, we don't want any impact fees, that somebody's going to pay,
them. And the end result is going to be the citizens, and that's where
the building industry wants to go. They want the counties that are not
at maximum 10 mills to step up-front and pay for it.
COMMISSIONER COLETTA: And I agree with you. Ifwe're
going to go after something, we have to identify the real culprit, and it
is the building industry.
COMMISSIONER HALAS: That's exactly what it is.
COMMISSIONER COLETTA: Call for what it is. And there's
some letters out there from the building industry soliciting in support,
and that's the kind of thing we have to pick up.
CHAIRMAN COYLE: Well, I would agree. I'm sorry, I would
disagree. The building industry will get absolutely nowhere if the
legislator doesn't vote for it. Now, so I'm telling --
COMMISSIONER HALAS: There's a lot of money that's
donated to -- up in Tallahassee, the lobbyists.
CHAIRMAN COYLE: Well, you know, that's why I say
legislators are the people you've got to go after. You're not going to
change the minds of the building industry, but you can change the
minds of the legislators. And if they don't vote for it, it doesn't get
done.
But nevertheless, we've got approval for two --
COMMISSIONER HALAS: Can we come to a compromise of
where we -- it's an equal task here, but I think the biggest issue is that
people have to realize if there's no impact fees, somebody's going to
pay for growth, because when that moratorium is going to be taken
off, the state's going to mandate it, the state's going to mandate it,
somebody's paying.
CHAIRMAN COYLE: Yep.
Page 202
April 12, 2005
COMMISSIONER FIALA: And you know, we all also ought to
mention that we have those impact fees -- as we're building our roads
right now, we already have those impact fees bonded for the next 20
years with anticipation, knowing that we had that funding source in
place, and I don't think it's ever been --
COMMISSIONER HALAS: That's right.
COMMISSIONER COLETTA: No, that's not correct,
Commissioner Fiala. You can't bond impact fees.
COMMISSIONER FIALA: Oh, okay. I'm sorry.
COMMISSIONER COLETTA: I wish you could.
COMMISSIONER FIALA: What are we bonding then?
COMMISSIONER HALAS: Gas tax.
MR. MUDD: We've bonded our gas tax and we've bonded our
sales tax, and the payback mechanism is impact fees. And if the
impact fees aren't there, then you're going to pay it with all your gas
tax and with all your sales tax. And when you're done with that,
you're done.
CHAIRMAN COYLE: Ad valorem.
MR. MUDD: Okay. Ad valorem is the next thing in order to do
it.
CHAIRMAN COYLE: We beat that one to death.
COMMISSIONER COLETTA: Almost.
COMMISSIONER FIALA: It deserved it.
CHAIRMAN COYLE: Yes, it did, it did.
MR. MUDD: Well, I need more guidance, okay? Are you telling
me to place another ad?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Why don't you spend some time drafting
something that would be acceptable to at least the three commissioners
who voted to do this, and then let them review it?
MR. WEIGEL: No, no, no. No, he can't poll commissioners and
kind of --
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April 12, 2005
CHAIRMAN COYLE: Oh, I see.
COMMISSIONER FIALA: You know what, I'm going to be
leaving town this evening anyway, and I would say Commissioner
Coyle would be the perfect person, he's the chairman, and I trust what
he has to say and what his beliefs are. I would say, whatever he
decides with our county manager is acceptable to me.
COMMISSIONER HALAS: And the county attorney.
COMMISSIONER COLETTA: Yeah, and if I may. I don't know
what this final letter's going to look like. I'm not going to vote for this
because I don't know. But when the letter comes out, if I take a look
at it, it sounds like it falls within what I'm looking for, as
Commissioner Halas brought up, then I'd be willing to put my name
on it, but it's still an unknown factor to me.
CHAIRMAN COYLE: How do we deal with that, David?
MR. WEIGEL: Carefully. I think that -- I think that your
direction to Jim is that he will draft a letter taking into account slight
changes in time and circumstance since the advertisement went out,
and that if any commissioner wants to sign on to it, that's just fine.
Jim cannot, in fact, be a conduit between commissioners in
regard to revising this thing, nor would he be.
CHAIRMAN COYLE: Then can we agree on this then? Let's
see if we can -- we can provide guidance that's acceptable; that the
county manager and/or the public relations department will
development an advertisement which, number one, describes the
dangers to the county of this legislation.
COMMISSIONER COLETTA: Good.
CHAIRMAN COYLE: Number two, emphasizes that the
legislation is moving forward in Tallahassee.
COMMISSIONER HALAS: Yes.
COMMISSIONER COLETTA: An actual scenario where it is?
CHAIRMAN COYLE: Yes, yes, yes. And number three, asking
that they contact their representatives, legislative delegation, to oppose
Page 204
April 12, 2005
the bill in Tallahassee. Would that be acceptable?
MR. WEIGEL: I think that --
COMMISSIONER COLETTA: What about number four?
MR. WEIGEL: I think that's just fine.
CHAIRMAN COYLE: Which one was number four?
COMMISSIONER HALAS: And that's the building industry.
COMMISSIONER COLETTA: Yeah, to reference them.
CHAIRMAN COYLE: Yeah. Well, it references them as the
author of the bill.
COMMISSIONER HALAS: Make sure that that's well stated.
MR. WEIGEL: And if any commissioner has a desire --
COMMISSIONER HALAS: Eighteen thousand strong.
MR. WEIGEL: If any commissioner should have the desire to
have their name linked to that, they can do so, one on one
communication with Mr. Mudd.
CHAIRMAN COYLE: Okay.
MR. WEIGEL: But you realize that the ad that appears that
shows three commissioners, two gone, the previous ad, or in this case,
what if you only had two commissioners, maybe you've got a little
falling out there.
So that mayor may not meet -- be as important to sign posts on
this unless you have, you know, more rather than less commissioners
signing on that. So to that extent it's not a board action in the sense
that the five commissioners are approving this thing, it's just you're
willing signatories.
COMMISSIONER FIALA: I'm one.
CHAIRMAN COYLE: I'm one too.
COMMISSIONER HALAS: I'm one if it's worded right. I want
to see the final.
MR. WEIGEL: Okay. I feel pretty assured.
CHAIRMAN COYLE: Okay. All right. Then we can deal with
it that way.
Page 205
April 12, 2005
MR. MUDD: I need to ask about one word.
CHAIRMAN COYLE: Okay.
MR. MUDD: The direction I have, the dangers to the county, it's
moving forward, the Florida Home Builders Association was the
author of the bill, and you said opposition, opposed. Do you want it --
and the word I want to add is actively opposed.
CHAIRMAN COYLE: Actively opposed, yes.
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: Yes
MR. MUDD: I have direction.
CHAIRMAN COYLE: Good, good. Thank you very much.
Can we adjourn now?
COMMISSIONER FIALA: Mother, may I?
CHAIRMAN COYLE: All right. We are adjourned.
COMMISSIONER HALAS: Happy birthday, Commissioner
Fiala.
***** Commissioner Halas moved, seconded by Commissioner Fiala
and carried unanimously, that the following items under the Consent
and Summary Agendas be approved and/or adopted: *****
Item #16A1
RESOLUTION 2005-138: PETITION A VESMT2004-AR6248 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF THE LAKE
DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY
BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL
RECORD BOOK 2473, PAGES 1510 THROUGH 1604, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED
WITHIN THE CYPRESS WOODS GOLF AND COUNTRY CLUB
DEVELOPMENT IN SECTION 18, TOWNSHIP 48 SOUTH,
Page 206
April 12, 2005
RANGE 26 EAST, COLLIER COUNTY, FLORIDA - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A2
GRANT FUNDING REQUEST IN THE AMOUNT OF $70,000 TO
THE BIG CYPRESS BASIN SO THAT THE CONSERVATION
COLLIER PROGRAM MAY CONTRACT FOR
ADMINISTRATIVE HELP IN ORDER TO IDENTIFY WILLING
SELLERS AND MAKE PERIODIC STATUS REPORTS IN THE
WINCHESTER HEAD MUL TI-P ARCEL ACQUISITION
PROJECT - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A3
VEGETATION REMOVAL AND SITE FILLING PERMIT FOR
SA TURNIA FALLS (TERAFINA PUD), FOR AN AREA NOT TO
EXCEED APPROXIMATELY 369 ACRES LOCATED IN
SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
SUBJECT TO: 1. COUNTY STAFF ADMINISTRATIVELY
DETERMINING LDC COMPLIANCE FOR IDENTIFIED
ADMINISTRATIVE APPROVAL CRITERIA OF SUCH
PERMITS, AND 2. PRIOR ISSUANCE OF ALL OTHER
REQUIRED AGENCY PERMITS - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A4
RECORDING THE FINAL PLAT OF "BRISTOL PINES PHASE
I", APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
Page 207
April 12, 2005
AMOUNT OF THE PERFORMANCE SECURITY - WI
STIPULATIONS
Item #16A5
ONE (1) IMPACT FEE REIMBURSEMENT REQUESTED BY
INTERPLAN LLC ON BEHALF OF STAPLES,
INCORPORATED, TOTALING $201,983.92, DUE TO BUILDING
PERMIT EXPIRATION AND SUBSEQUENT CANCELLATION
Item #16A6
SATISFACTION OF LIEN FOR THE FOLLOWING CASES:
RENE BRAVO 04-09200-COA; ROBERT D. BIDLACK 2003-045;
KEITH T. HECKMAN 2003-058; KEITH T. HECKMAN 2003-059;
ELIGIO & MANUELA SANTOS 2004110618 AND 2004110884;
LYNDA PASQUA S.O 140565; WESNER & GABRIELLE MOISE
2003-053; BRAD & PHYLLIS ESTES 2004-042; PONCE REALTY
COMPANY 2003-042; GEORGE & SANDRA PARSONS 2004-
025; KEITH T. HECKMAN 2004-074; BENIGNO & MARIA
LOPEZ & RODERICK H. HILGEMAN 2002-031; TSALACH
INVESTMENTS 2003-438; MAC BUILDIERS, INC. 2005-54 AND
2005-55; JULIO DOMINGUEZ 2001-214 AND 2001-221; LLOYD
G. SHEEHAN 2001-321; GUY E. & DIANE J. BAUR 2003-284;
GUY E. & DIANE J. BAUR 2002-61 ; HAMILTON BAY
DEVELOPMENT, LLC 2004-129; MICHAEL & JUDITH AUSTIN
2004060620 AND 2004060649; WILLIAM BELL S.O 140578; EH
& CATHERINE PRETSCHOLD 2004-272; DAVID REDDING
2005-19; FAMILY STORAGE 2003-283; GOLDEN FLORIDA
RESORT, INC. 2005-07; JAMES & RACHEL CARUANA 2005-05;
MARGARITA MUNOZ 2004-267; PATRASCU RUSET S.O
140592 - AS DETAILED IN THE EXECUTIVE SUMMARY
Page 208
<-'". ,. w... ,. ,.',_,,,~
April 12, 2005
Item #16A7
RESOLUTION 2005-139: SUPPORTING THE PRESERVATION
OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FUNDING WITHIN THE UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
(HUD)
Item #16A8
BUDGET AMENDMENT - PRIOR YEAR REIMBURSEMENTS
Item #16A9
RESOLUTION 2005-140: OPPOSING ENACTMENT INTO LAW
OF SPECIFIED CLAUSES OF PROPOSED SENATE BILL 7048
PROVIDING FOR A LOCAL OPTION REAL ESTATE
TRANSFER SURTAX ON DEEDS AND RELATED LIMITS AND
RESTRICTIONS ON IMPACT FEE RATES THAT, IF ENACTED,
WILL HAVE A DETRIMENTAL EFFECT ON THE COUNTY'S
ABILITY TO PROVIDE NECESSARY AND REQUIRED
GROWTH-RELATED CAPITAL IMPROVEMENTS - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16B1
AWARD A CONTRACT UNDER ITN 05-3583 "CEI SERVICES
FOR COLLIER COUNTY ROAD PROJECTS" - AWARDED TO
PBS & J, INC., IN THE AMOUNT OF $2,550,968 FOR PROJECT
NO. 66042B "IMMOKALEE ROAD SIX-LANING PROJECT
FROM U.S. 41 TO 1-75"
Page 209
April 12, 2005
Item #16B2
PURCHASE 10.6 ACRES OF LAND AT THE INTERSECTION OF
COLLIER BOULEVARD AND GOLDEN GA TE BOULEVARD -
TO BE USED AS A RETENTION POND FOR THE TREATMENT
OF STORMW ATER RUN-OFF FOR PROJECT NO. 65061 AND
PROJECT NO. 68056 (ESTIMATED FISCAL IMPACT:
$1.050.210) - ELHANON COMBS. SELLER
Item #16B3
PURCHASE OF PARCEL NOS. 119,719 AND 719A REQUIRED
FOR THE CONSTRUCTION OF THE SIX-LANING OF COLLIER
BOULEVARD (CR 951) FROM GOLDEN GATE BOULEVARD
TO IMMOKALEE ROAD. (PROJECT NO. 65061, CAPITAL
IMPROVEMENT ELEMENT NO.3 7). FISCAL IMPACT:
$201.500.00 - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B4
CHANGE ORDER NO.2 TO CONTRACT #04-3654 WITH VILA
AND SON LANDSCAPING, FOR LIVINGSTON ROAD (PINE
RIDGE ROAD TO V ANDERBIL T BEACH ROAD) LANDSCAPE
BEAUTIFICATION IN THE AMOUNT $82,382.36 - TO
INCREASE THE SCOPE OF WORK UNDER CONTRACT
Item #16B5
REIMBURSEMENT TO THE STATE OF FLORIDA FOR
OVERPAYMENT OF FUEL TAXES WITH ASSOCIATED
INTEREST AND PENALTIES FOR THE MONTHS OF AUGUST,
Page 210
April 12, 2005
SEPTEMBER AND OCTOBER 2004 IN THE AMOUNT OF
$12.699.32 - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B6
PIGGYBACKING OF THE CITY OF WEST PALM BEACH
CONTRACT W / FLORIDA HIGHWAY PRODUCTS TO
PURCHASE LAID-IN- PLACE POLYMER MODIFIED COLD
MIX PAVING (MICRO-SURF ACING) FOR ROAD AND BRIDGE
MAINTENANCE AMOUNT ESTIMATED TO BE $1,100,000-
TO PROVIDE A COST EFFECTIVE ALTERNATIVE THAT
WILL SUBSIDIZE THE COUNTY'S ANNUAL OVERLAY
PROGRAM
Item #16B7
INTERLOCAL AGREEMENT WITH THE SCHOOL DISTRICT
OF COLLIER COUNTY, FLORIDA, WHEREBY COLLIER
COUNTY AGREES TO FUND ONE HALF OF THE TOTAL
DESIGN AND CONSTRUCTION COSTS, NOT TO EXCEED $1.3
MILLION, FOR A VEHICULAR BRIDGE LINKING
TROPICANA BOULEVARD TO GOLDEN GATE HIGH
SCHOOL, AND ALLOCATE $200,000 OF RESERVED FUNDS
FOR TRAFFIC CALMING AND TURN-LANE IMPROVEMENTS
IN GOLDEN GATE CITY
Item #16B8
BID #05-3793, IMMOKALEE PHASE 2-B SIDEWALK
INSTALLATION AND REFURBISHMENT IN THE AMOUNT OF
$279,821.90 TO DOUGLAS N. HIGGINS, INC. INCLUDING A
FIVE (5) PERCENT CONTINGENCY. THE SIDEWALK
Page 211
April 12, 2005
SEGMENTS WILL BE CONNECTING TO S.R. 29 BETWEEN
FIRST STREET AND NINTH STREET - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16B9
RESOLUTION 2005-141: TO URGE THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO MAKE THE
NECESSARY MAINTENANCE REPAIRS CONSISTENT WITH
THE RECENT BRIDGE INSPECTION REPORTS ON THE S.S.
JUDGE JOLLEY BRIDGE OVER BIG MARCO PASS AND THE
PRESENTATION MADE AT THE MARCH MPO MEETING
Item #16C1
SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER
IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS
$28.50 TO RECORD THE SATISFACTIONS OF LIEN
Item #16C2
SATISFACTION OF A NOTICE OF CLAIM OF LIEN FOR
SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT
IS $10.00 TO RECORD THE SATISFACTION OF LIEN
Item #16C3
SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR
SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT
IS $38.50 TO RECORD THE SATISFACTIONS OF LIEN
Item #16C4
Page 212
"-.----
April 12, 2005
RESOLUTION 2005-142: SATISFACTION OF LIEN FOR SOLID
WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY
HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN
FULL FOR THE 1991 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL
IMPACT IS $20.00 TO RECORD SATISFACTION OF LIEN
Item #16C5
RESOLUTION 2005-143: SATISFACTION OF LIEN FOR A
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1994 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE
SATISFACTION OF LIEN
Item #16C6
RESOLUTION 2005-144: SATISFACTION OF LIEN FORA
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1995 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE
SATISFACTION OF LIEN
Item #16C7
RESOLUTION 2005-145: SATISFACTIONS OF LIEN FOR
SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE
Page 213
April 12, 2005
SATISFIED IN FULL FOR THE 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE
SATISFACTIONS OF LIEN
Item #16C8
ACQUISITION OF A 40-FOOT BY 50-FOOT UTILITY
EASEMENT NEAR THE SOUTHWEST CORNER OF WILSON
BOULEVARD AND 18TH AVENUE NWFORA PUBLIC WATER
SUPPL Y WELL SITE AT A TOTAL COST NOT TO EXCEED
$7,425, PROJECT NUMBER 701582 - TO ACQUIRE A UTILITY
EASEMENT FOR A PUBLIC WATER SUPPLY WELL SITE TO
ACCOMMODATE ONE NEW WELL TO MAINTAIN THE
RELIABILITY OF THE EXISTING TAMIAMI WELLFIELD
Item #16C9
SOLE SOURCE PURCHASE OF CARTRIDGE FILTERS FROM
THE GEORGE S. EDWARDS COMPANY IN THE ESTIMATED
AMOUNT OF $266,000 - FOR USE AT THE NORTH AND
SOUTH COUNTY REGIONAL WATER TREATMENT PLANTS
(NCRWTP & SCRWTP)
Item #16C10
AWARD BID NUMBER 05-3757 FOR THE FURNISHING AND
DELIVERY OF MEMBRANE SOFTENING ELEMENTS TO GE
OSMONICS IN THE AMOUNT OF $891,000 - TO ENSURE THE
RELIABILITY OF THE NORTH COUNTY REGIONAL WATER
TREATMENT PLANT (NCRWTP) ABILITY TO PRODUCE
Page 214
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-~_....._---,",."....._..,.,.-....
April 12, 2005
WATER AT FULL CAPACITY TO MEET THE WATER
DEMANDS OF OUR CUSTOMERS
Item #16C11
REJECTION OF BOTH BIDS RECEIVED FOR THE NORTH
COUNTY REGIONAL WATER TREATMENT PLANT
(NCRWTP) GENERATOR SWITCHGEAR UPGRADES
PROJECT, PROJECT 70069, RESULTING IN NO COSTS
INCURRED - TO PROVIDE THE COLLIER COUNTY WATER
RATE PAYERS EQUITABLE VALUE FOR ALL WORK THAT IS
PERFORMED FOR COLLIER COUNTY
Item #16C12 - Moved to Item #10G
Item #16C13
AWARD BID NUMBER 05-3791 FOR UNDERGROUND
UTILITY SUPPLIES TO FERGUSON UNDERGROUND
SUPPLIES - PARTS TO BE PURCHASED WILL BE UTILIZED
IN THE OPERATION AND MAINTENANCE OF BOTH THE
WATER AND WASTEWATER DEPARTMENT FACILITIES
Item #16C14
PAYMENT AND RELEASE AGREEMENT WITH WCI
COMMUNITIES, INC. AND TIBURON GOLF VENTURES
LIMITED PARTNERSHIP (COLLECTIVELY "OWNER") FOR
DAMAGES INCURRED DURING THE CONSTRUCTION OF
THE RECLAIMED WATER MAIN ALONG V ANDERBIL T
BEACH ROAD, AT A COST NOT TO EXCEED $37,077,
Page 215
_.._,~,,~_._.,,_. <
April 12, 2005
PROJECT NUMBER 74034 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C15
CONDITIONAL AWARD OF BID #05-3756 TO MITCHELL &
STARK CONSTRUCTION COMPANY FOR THE NORTH
COUNTY REGIONAL WATER TREATMENT PLANT
(NCRWTP) LOWER HAWTHORN WELLS 18N, 19N, AND 20N
PUMPING AND TRANSMISSION FACILITIES, IN THE
AMOUNT OF $5,156,000.00, SUBJECT TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION'S (FDEP)
APPROVAL, AUTHORIZATION TO INCUR COSTS, AND
AUTHORIZATION FOR THE BOARD TO EXECUTE THE
SUBJECT CONSTRUCTION CONTRACT AS REQUIRED BY
PROVISIONS OF THE LOW INTEREST RATE STATE
REVOL VING FUND (SRF) LOAN PROGRAM WHICH WILL
FUND THIS CONTRACT, PROJECT NUMBER 71006 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16C16
WORK ORDERS UC-092 IN THE AMOUNT OF $597,000 AND
UC-093 IN THE AMOUNT OF $397,000 TO DOUGLAS N.
HIGGINS INCORPORATED FOR THE NORTH COUNTY
REGIONAL WATER TREATMENT PLANT (NCRWTP) MID-
HAWTHORN WELLS, PROJECT NUMBER 71006 - TO
INCREASE THE RELIABILITY OF OUR WATER PRODUCTION
FACILITIES
Item #16C17
Page 216
~-_.....,
April 12, 2005
WORK ORDERS UC-094 AND UC-096 UNDER RFP 04-3535,
UNDERGROUND UTILITY CONTRACTING SERVICES, AND
TO AUTHORIZE THE PURCHASE OF SOLE-SOURCE
EQUIPMENT, FOR SPECIFIC REHABILITATION PROJECTS IN
THE AMOUNT NOT TO EXCEED OF $462,208 FOR THE
NORTH COUNTY WATER RECLAMATION FACILITY
REHABILITATION, PROJECT 725321 - TO MAINTAIN
CRITICAL EQUIPMENT TO MEET PEAK WASTEWATER
DEMANDS AT THE NORTH COUNTY WATER
RECLAMATION FACILITY
Item #16C18
WORK ORDER HS-FT -05-03 UNDER 00-3119- FIXED TERM
PROFESSIONAL UTILITIES ENGINEERING SERVICES TO
HAZEN AND SAWYER IN THE AMOUNT OF $140,270 FOR
ENGINEERING SERVICES FOR THE DESIGN OF LIME
SOFTENING REACTOR NO.1, PROJECT 71023 - TO
INCREASE CAPACITY AND IMPROVE THE RELIABILITY TO
THE EXISTING LIME SOFTENING WATER TREATMENT
PROCESS
Item #16C19
AFTER-THE-FACT SUBMITTAL OF TWO ALTERNATIVE
WATER SUPPLY GRANT APPLICATIONS TO THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT FOR THE
CONSTRUCTION OF THE NORTH COUNTY REGIONAL
WATER TREATMENT PLANT (NCRWTP) MID HAWTHORN
ZONE 1 REVERSE OSMOSIS (RO) WELL NOS. 101, 102, 114,
115 AND 116 IN THE AMOUNT OF $1,397,000, PROJECT 71011
- TO INCREASE THE RELIABILITY OF MEETING PEAK
Page 217
April 12, 2005
WATER DEMANDS OF COLLIER COUNTY'S WATER
CUSTOMERS
Item #16C20
TWO GRANT AGREEMENTS FOR REGIONAL IRRIGATION
DISTRIBUTION SYSTEMS (RIDS) PROJECTS FROM THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE
AMOUNT OF $200,000 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C21
THE SELECTION COMMITTEE'S DECISION TO AWARD A
PROFESSIONAL SERVICES AGREEMENT TO MCKIM &
CREED, P.A. FOR DESIGN ENGINEERING SERVICES
RELATED TO THE REUSE SYSTEM TELEMETRY/SCADA
WIDE AREA NETWORK, RFP 05-3789, IN THE AMOUNT OF
$199,054, PROJECT 740332 - TO FACILITATE END-TO-END
OPERATIONAL CONTROL AND MONITORING OF THE
COUNTY'S REUSE SYSTEM
Item #16C22
AMENDMENT OF THE SOUTH COUNTY REGIONAL WATER
TREATMENT PLANT 8 MGD REVERSE OSMOSIS (SCRWTP)
CONSTRUCTION CONTRACT TO EXTEND THE FINAL
PROJECT COMPLETION DATE FROM MAY 1, 2005 UNTIL NO
LATER THAN AUGUST 1,2005 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item # 16C23
Page 218
-,------,.~_.. .
April 12, 2005
AFTER-THE-FACT SUBMITTAL OF AN ALTERNATIVE
WATER SUPPLY GRANT APPLICATION TO THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT FOR THE
COLLIER COUNTY MANATEE ROAD AQUIFER STORAGE
AND RECOVERY EXPANSION PROJECT IN THE AMOUNT OF
$1,739,747, PROJECT 70157 - TO INCREASE THE
RELIABILITY OF COLLIER COUNTY'S WATER SUPPLY
SYSTEM TO ENSURE THE ABILITY TO MEET THE PEAK
WATER DEMANDS OF OUR WATER CUSTOMERS
Item #16D1
AUTHORIZE THE PUBLIC SERVICES ADMINISTRATOR TO
SIGN THE ANNUAL APPLICATION FOR FUNDING FROM
THE UNITED WAY, THROUGH THE 4H FOUNDATION - TO
FUND A 4H CUSTOMER SERVICE POSITION IN THE
COLLIER COUNTY UNIVERSITY OF FLORIDA EXTENSION
DEPARTMENT
Item #16D2
AWARD RFP NO. 05-3763 "SIGNAGE FOR COLLIER COUNTY"
TO L YKINS-SIGNTEK, INC. WITH AN ANTICIPATED
ANNUAL EXPENDITURE OF $25,000 - TO CONTINUE TO
PROVIDE COMPLETE QUALITY SIGNAGE FOR COUNTY
FACILITIES THROUGH THE USE OF A CONTRACTED
VENDOR
Item #16D3
AWARD BID #05-3782 "EAST NAPLES COMMUNITY CENTER
EXPANSION" TO BRADANNA, INC. IN THE AMOUNT OF
Page 219
April 12, 2005
$747,800 - TO PROVIDE NUTRITIOUS MEALS AND SOCIAL
INTERACTION FOR LOW-INCOME SENIORS
Item #16D4
A LEASE WITH RANDALL BENDERS ON AND DAVID H.
BALDAUF, TRUSTEES, FOR OFFICE SPACE IN PARKWAY
PLAZA, GOLDEN GATE CITY, FOR THE HEALTH
DEPARTMENT'S WOMEN, INFANTS AND CHILDREN'S'
(WIC) PROGRAM, AT AN APPROXIMATE FIRST YEAR COST
OF $39.870 - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D5
WORK ORDER #PBS-02-45 IN THE AMOUNT OF $149,250 TO
PROFESSIONAL BUILDING SYSTEMS AND APPROVE A TDC
CATEGORY "A" SUPPLEMENTAL GRANT APPLICATION IN
THE AMOUNT OF $48,250 FOR THE RENOVATION OF
VANDERBILT BEACH ACCESS #7 - TO ENHANCE BEACH
ACCESS THROUGH REDEVELOPMENT OPPORTUNITIES
PROVIDED BY TOURIST DEVELOPMENT GRANT FUNDS
Item #16E1
THE DONATION OF ONE SURPLUS AMBULANCE TO GLORY
BOUND, INC. (ESTIMATED V ALUE_$15,000) - TO BE
FURNISHED TO THE CENTRAL AMERICAN FIRE COUNCIL
FOR THE NICARAGUAN FIRE DEPARTMENT
Item # 16E2
Page 220
April 12, 2005
RATIFY ADDITIONS TO, MODIFICATIONS TO AND
DELETIONS FROM THE 2005 FISCAL YEAR PAY AND
CLASSIFICATION PLAN MADE FROM DECEMBER 18,2004
THROUGH MARCH 23. 2005
Item # 16E3
BID #05-3790 TO TRUGREEN LANDCARE FOR GROUNDS
MAINTENANCE FOR SATELLITE FACILITIES, FOR AN
ANNUAL COST OF $237,084.00 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E4
BID #05-3776R, "FASTENERS AND WHEEL WEIGHTS FOR
FLEET," TO LAWSON PRODUCTS, INC. - TO MAINTAIN AND
REPAIR COUNTY VEHICLES AND EQUIPMENT
Item #16E5
REPORT & RATIFY CHANGE ORDERS AND CHANGES TO
WORK ORDERS TO BOARD APPROVED CONTRACTS - TO
PROMOTE ACCOUNTABILITY IN THE USE OF STAFF
AUTHORITY - FOR THE PERIOD OF FEBRUARY 28, 2005
THROUGH MARCH 31. 2005
Item #16F1
MODIFICATION TO THE FISCAL YEAR 2005 EMERGENCY
MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT
ACCEPTING $41,969 AND BUDGET AMENDMENT TO
Page 221
April 12, 2005
RECOGNIZE AND APPROPRIATE THE REVENUE - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item # 16F2
BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE
ISLES OF CAPRI FIRE CONTROL DISTRICT IMP ACT FEE
REVENUE IN THE AMOUNT OF $55,300 FOR THE PURCHASE
OF EQUIPMENT - TO OUTFIT A NEW FIRE ENGINE
Item #16F3
AN OUT-OF-CYCLE FY2005 TDC CATEGORY "A" GRANT
APPLICATION AND BUDGET AMENDMENT FOR TIGERTAIL
BEACH ENTRANCE PROJECT #900151 SUBMITTED BY
PARKS AND RECREATION DEPARTMENT IN THE AMOUNT
OF $6,000 - FOR A NEW TOLLBOOTH, SIGNAGE,
LANDSCAPING, IRRIGATION, AUTOMATIC GATES, AND
LIGHTING
Item #16F4
AN OUT-OF-CYCLE FY2005 CATEGORY "A" GRANT
APPLICA TION AND BUDGET AMENDMENT IN THE
AMOUNT OF $100,000 FOR COUNTY/CITY OF NAPLES
ANNUAL BEACH MONITORING PROJECT #905362 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16F5
AWARD BID #04-3613R IN THE AMOUNT OF $322,437.50 FOR
Page 222
April 12, 2005
PELICAN BAY IRRIGATION INSTALLATION TO STAHLMAN-
ENGLAND IRRIGATION, INC.
Item #16F6
RESOLUTION 2005-146: AUTHORIZING THE BORROWING OF
AN AMOUNT NOT TO EXCEED $8,000,000 FROM THE
POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION
PURSUANT TO THE LOAN AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE
COMMISSION IN ORDER TO FINANCE THE CONSTRUCTION
OF THE VANDERBILT BEACH PARKING GARAGE;
AUTHORIZING THE EXECUTION OF A LOAN NOTE OR
NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO
SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT
TO BUDGET AND APPROPRIATE LEGALL Y AVAILABLE
NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item # 16F7
RESOLUTION 2005-147: SUPPORTING ENACTMENT INTO
LAW PROPOSED SENATE BILL 1252 AND HOUSE BILL 817
RELATING TO THE CREATION OF A SCHOOL OF
ENGINEERING AT FLORIDA GULF COAST UNIVERSITY - AS
DETAILED IN THE EXECUTIVE SUMMARY
Page 223
April 12, 2005
Item #16F8
RESOLUTION 2005-148: OPPOSING ENACTMENT INTO LAW
PROPOSED HOUSE BILL 1565, ALLOWING MUNICIPALITIES
TO BE GRANTED A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (COPCN) WITHOUT
MEETING THE REQUIREMENTS AS PROVIDED FOR IN
COUNTY ORDINANCE 2004-12 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16G1
EXTEND A TEMPORARY EMPLOYEE AGREEMENT DURING
THE NEW BA YSHORE CRA DIRECTOR'S TRANSITION
PERIOD ALLOWING TIME TO DETERMINE CRA STAFFING
NEEDS
Item #16H1
COMMISSIONER COLETTA'S REQUEST FOR PAYMENT TO
ATTEND COLLIER COUNTY MEDICAL SOCIETY'S ANNUAL
DINNER MEETING WHERE THERE WILL BE INSTALLATION
OF OFFICERS FOR 2005-2006 AND RECOGNITION OF
VOLUNTEER PHYSICIANS. $50.00 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET - TO BE
HELD AT THE NAPLES BATH AND TENNIS CLUB ON
SATURDAY. MAY 7.2005
Item #16H2
COMMISSIONER HALAS' REQUEST FOR PAYMENT TO
ATTEND THE ECONOMIC DEVELOPMENT COUNCIL'S
Page 224
April 12, 2005
MEMBERSHIP MIXER IN HONOR OF GATES MCVEY'S 10TH
ANNIVERSARY. $15.00 TO BE PAID FROM COMMISSIONER
HALAS ' TRAVEL BUDGET - TO BE HELD AT 12810
TAMIAMI TRAIL NORTH ON TUESDAY. APRIL 19.2005
Item #16H3
COMMISSIONER HALAS' REQUEST FOR PAYMENT TO
ATTEND THE GREATER NAPLES CHAMBER OF COMMERCE
BUSINESS AFTER FIVE AT KIA OF NAPLES. $5.00 TO BE
PAID FROM COMMISSIONER HALAS ' TRAVEL BUDGET -
TO BE HELD AT 1472 AIRPORT ROAD ON THURSDAY,
APRIL 21.2005
Item #1611
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REFERRED
The following miscellaneous correspondence, as presented by
the Board of County Commissioners, has been directed to the various
departments as indicated:
Page 225
--..".......
""'--"""'--"---'~"~"-'
BOARD OF COUNTY COMMISSIONERS f
MISCELLANEOUS CORRESPONDENCE
April 12, 2005
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1. Conservation Collier Land Acquisition Advisory Committee - Agenda for
March 14, 2005.
2. Radio Road Beautification M.S.T.U. - Agenda for March 15,2005;
Minutes of February 15,2005.
3. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for
March 16,2005; Minutes of February 16,2005.
4. Lely Golf Estates Beautification M.S.T.U. - Agenda for March 17,2005;
Minutes of February 17, 2005.
5. Pelican Bay Services Committee - Budget Sub-Committee - Agenda for
March 16,2005; Minutes of February 16,2005.
6. Historic and Archaeological Preservation Board - Agenda for March 16,
2005; Minutes of January 19,2005.
7. Parks and Recreation Advisory Board - Agenda for March 16,2005;
Minutes of February 16,2005.
8. Development Services Advisory Committee - Agenda for March 2, 2005;
Minutes of March 2, 2005.
9. Lake Trafford Task Force - Minutes of January 11,2005.
10. Collier County Planning Commission - Agenda for March 17, 2005.
11. Collier County Contractor's Licensing Board - Notice of canceled
meeting for June 15,2005.
12. Bayshore Beautification M.S.T.U.- Minutes of February 22, 2005.
13. Forest Lakes Roadway and Drainage M.S.T.U. - Minutes of February 23,
2005 Workshop.
14. Productivity Committee Meeting Minutes - Minute!> for February 16,
2005.
B. Other:
1) Caribbean Gardens Blue Ribbon Committee - Minutes for February 10,2005.
H:Data/Format
April 12, 2005
Item #16J1
BOARD OF COUNTY COMMISSIONERS ENDORSE THE
UNITED STATES DEPARTMENT OF JUSTICE AND UNITED
STATES DEPARTMENT OF THE TREASURY FEDERAL
EQUITABLE SHARING AGREEMENT VALID THROUGH
SEPTEMBER 30,2008 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item # 16J2
BOARD OF COUNTY COMMISSIONERS MAKE A
DETERMINATION OF WHETHER THE PURCHASES OF
GOODS AND SERVICES DOCUMENTED IN THE DETAILED
REPORT OF OPEN PURCHASE ORDERS DATED MARCH 5,
2005 TO MARCH 18,2005 SERVE AS A VALID PUBLIC
PURPOSE AND AUTHORIZE THE EXPENDITURE OF
COUNTY FUNDS TO SATISFY SAID PURCHASES
Item #16J3
BOARD OF COUNTY COMMISSIONERS SERVE AS THE
LOCAL COORDINATING UNIT OF GOVERNMENT IN THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S
2005/2006 EDWARD BYRNE MEMORIAL, JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE
THE SHERIFF AS THE OFFICIAL APPLICANT, AND
SHERIFF'S OFFICE STAFF AS GRANT PROGRAM AND
FINANCIAL MANAGERS AND POINT-OF-CONTACT FOR
FDLE'S NEW GRANT MANAGEMENT SYSTEM - AS
DETAILED IN THE EXECUTIVE SUMMARY
Page 226
April!2, 2005
Item #16J4
FINANCE & ACCOUNTING DEPARTMENT TO FILE THE
STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT
FINANCIAL REPORT FOR THE FISCAL YEAR 2003-2004 AS
REQUIRED BY FLORIDA STATUTE 218.32
Item #16K1
THE COMPROMISE OF A CODE ENFORCEMENT LIEN IN THE
AMOUNT OF $26,613.20 IN THE LAWSUIT STYLED COLLIER
COUNTY V. ANTHONY J. VARANO, CASE NO. 04-5901-CA - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16K2
AGREED FINAL ORDER AWARDING PLANNING EXPERT
FEES & ATTORNEY'S FEES IN THE AMOUNT OF $5,400 AS
TO PARCELS 739 & 839 IN THE LAWSUIT STYLED COLLIER
COUNTY V. NANCY JOHNSON PERRY, ET AL., CASE NO. 03-
2373-CA (GOLDEN GATE PKWY RD PROJECT 60027) - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16K3
STIPULATED FINAL JUDGMENT AS TO PARCEL 125 IN THE
AMOUNT OF $31,000 IN THE LAWSUIT STYLED COLLIER
COUNTY V. ROBERT J. DERR, ET AL., CASE NO. 03-2196-CA
(GOLDEN GATE PARKWAY PROJECT NO. 60027).
ADDITIONAL COST TO THE COUNTY IS $8782.50 AFTER
CREDIT FOR AMOUNT DEPOSITED - AS DETAILED IN THE
EXECUTIVE SUMMARY
Page 227
April 12, 2005
Item #16K4
STIPULATED FINAL JUDGMENT AS TO PARCEL 192 IN THE
AMOUNT OF $67,000 IN THE LAWSUIT STYLED COLLIER
COUNTY V. GJR OF NAPLES, INC., ET AL., CASE NO. 02-2212-
CA (IMMOKALEE ROAD PROJECT NO. 60018). ADDITIONAL
COST TO THE COUNTY IS $18,238.00 AFTER CREDIT OF
AMOUNT DEPOSITED - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16K5
SETTLEMENT PRIOR TO TRIAL IN THE LAWSUIT ENTITLED
COLLIER COUNTY V. VENOR SYLVAN, FILED IN THE COUNTY
COURT OF COLLIER COUNTY, FLORIDA, CASE NO. 04-384-
CC, FOR $2,390.00 AND AUTHORIZE THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE
ALL NECESSARY DOCUMENTS - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item # 16K6
AN ARBITRATOR'S AWARD PRIOR TO TRIAL IN THE
LAWSUIT ENTITLED: PECK-GITTLEMAN, ET AL. V.
AFFORDABLE LANDSCAPING AND DESIGN, INC., ET AL.,
FILED IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR
COLLIER COUNTY, FLORIDA, CASE NO. 02-717-CA, FOR
$11,250.00 AND AUTHORIZE THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS TO EXECUTE ALL
NECESSARY DOCUMENTS - AS DETAILED IN THE
EXECUTIVE SUMMARY
Page 228
Item #16K7
April 12, 2005
PURSUANT TO (RESOLUTION NO. 1995-632): BOARD OF
COUNTY COMMISSIONERS SELECT AND RETAIN ERIC 1.
VASQUEZ, ESQ., AND YALE T. FREEMAN, ESQ., AS OUTSIDE
COUNSEL TO REPRESENT TWO (2) COUNTY EMPLOYEES
NAMED INDIVIDUALLY AS DEFENDANTS IN THE
SUBMITTED AMENDED COMPLAINT IN MOHAN THAMPI V.
COLLIER COUNTY BOARD OF COMMISSIONERS, CASE NO.
2:04-CV-441-FTM-29SPC, IN THE UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FORT
MYERS DIVISION; AND WAIVE THE PURCHASING POLICY
TO THE EXTENT IT APPLIES TO THE SAID SELECTION OF
OUTSIDE COUNSEL AND/OR OTHERWISE EXEMPT THE
SELECTION OF OUTSIDE COUNSEL FROM COMPETITION
PURSUANT TO VII. G. OF THE PURCHASING POLICY - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #17 A
RESOLUTION 2005-149: PETITION A VROW2005-AR-7118 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN THE 60 FOOT WIDE RIGHT OF
WAY FOR PINE STREET LYING BETWEEN BLOCK A AND
BLOCK B, 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, COLLIER COUNTY, FLORIDA
Item #17B
Page 229
--_._-~--.
April 12, 2005
RESOLUTION 2005-150: V A-2004-AR-6792, TIM HANCOCK,
AICP OF TALON MANAGEMENT, INC., REPRESENTING
WESLICK, LLC IN REQUESTING A VARIANCE FROM
SECTION 5.03.06.E.6 OF THE LAND DEVELOPMENT CODE
FOR RELIEF FROM THE REQUIRED SIDE SETBACK OF 7.5
FEET TO A SETBACK OF 2.5 FEET FOR PILINGS. THIS
VARIANCE IS BEING REQUESTED NOT FOR THE DOCK
FACILITY BUT FOR THE MOORING PILINGS THAT WILL
SUPPORT A BOAT LIFT. PROPERTY DESCRIBED AS ISLE OF
CAPRI, UNIT 1, LOT 87, SECTION 31, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA
Item #17C
RESOLUTION 2005-151: PETITION A VPLA T2004-AR-7022 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE DRAINAGE
EASEMENT LOCATED ALONG THE REAR OF TRACT "I",
ACCORDING TO THE PLAT OF "NORTHBROOKE PLAZA" AS
RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA
Item #17D
RESOLUTION 2005-152: PETITION V A-2004-AR-6720, JOHN J.
CONNELLY REQUESTING AN AFTER-THE-FACT VARIANCE
OF 5 FEET 4-INCHES FROM THE VINEYARDS PUD ZONING
DISTRICT REQUIREMENT FOR A 25-FOOT FRONT YARD
SETBACK FOR FRONT ENTRY GARAGES TO 19-FEET 8-
INCHES FOR PROPERTY LOCATED AT 6648 GLEN ARBOR
Page 230
".,-,...-,~,..,-"
"._ o_.~,___,._
April 12, 2005
WAY HEREINAFTER DESCRIBED AS THE VINEYARDS
ARBOR GLEN SUBDIVISION, LOT 28, IN SECTION 08,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA
Item #17E
RESOLUTION 2005-153: PETITION SNR-2004-AR-6787,
COLLIER ENTERPRISES, LTD. REPRESENTED BY DOMINICK
AMICO, JR., P.E., OF AGNOLI, BARBER & BRUNDAGE, INC.
REQUESTING A STREET NAME CHANGE FROM AGRI
BOULEVARD TO TRADEPORT P ARKW A Y FOR PROPERTY
LOCATED IN THE IMMOKALEE AGRICOM PARK, IN
SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA
Item # 1 7F
RESOLUTION 2005-154: PETITION SNR-2004-AR-6789,
COLLIER ENTERPRISES, LTD. REPRESENTED BY DOMINICK
AMICO, JR., P.E., OF AGNOLI, BARBER & BRUNDAGE, INC.
REQUESTING A STREET NAME CHANGE FROM NORTH
GROVE LANE TO GLOBAL DRIVE FOR PROPERTY
LOCATED IN THE IMMOKALEE AGRICOM PARK, IN
SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA
Item #17G
RESOLUTION 2005-155: PETITION SNR-2004-AR-6788,
COLLIER ENTERPRISES, LTD. REPRESENTED BY DOMINICK
AMICO, JR., P.E., OF AGNOLI, BARBER & BRUNDAGE, INC.
Page 23 1
April 12, 2005
REQUESTING A STREET NAME CHANGE FROM SEEDLING
BOULEVARD TO COMMERCE AVENUE FOR PROPERTY
LOCATED IN THE IMMOKALEE AGRICOM PARK, IN
SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA
Item # 1 7H
RESOLUTION 2005-156: PETITION CU-2004-AR-6300 FRANK
L. VEASLEY REPRESENTING BETHEL ASSEMBLY OF GOD
CHURCH, INC. REQUESTS APPROVAL OF A CONDITIONAL
USE IN THE RMF-6 ZONING DISTRICT PURSUANT TO
TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE, TO ALLOW FOR THE
EXPANSION OF AN EXISTING CHURCH BY ADDING A
GYMNASIUM ON THE SUBJECT 4.79 + ACRE SITE. THE
SUBJECT PARCEL IS LOCATED AT 1225 WEST MAIN
STREET IN IMMOKALEE, COLLIER COUNTY, FLORIDA
Page 232
April 12, 2005
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:35 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~w.~
FRED W. COYLE, hairrnan
ATTEST:
DWIGHT E:BROÇK, CLERK
~, .
~'~ j'
Att"t, "t l:, ,c~ ~J'ìNn"
s 1..at4ft9 :.J\J~ .
These minutes approved by the Board on (5-1 (} ... 2.0() S , as
presented /' or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 233