BCC Minutes 04/26/2005 R
April 26, 2005
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 26, 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
Donna Fiala
Jim Coletta
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Derek Johnssen, Office of the Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
April 26, 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 PRESENT A TION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES
THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK
TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
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April 26, 2005
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Co-Minister Albert Wingate, Unity of Naples Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended.
(Ex Parte Disclosure provided by Commission members for summary
agenda. )
B. March 22, 2005 - BCC/Regular Meeting
C. March 25,2005 - BCC/Concurrency Workshop
D. March 31, 2005 - BCC/Beach Access Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Jeffrey Kucko, Building Review and Permitting
2) Walter Suttlemyre, Building Review and Permitting
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April 26, 2005
B. 25 Year Attendees
1) Allen Madsen, Tourism
4. PROCLAMATIONS
A. Proclamation to designate the week of April 25 through April 29, 2005 as
the 26th Anniversary of the Know Your County Government Week. To
be accepted by students Lee Davidson and Esther Anofils.
B. Proclamation to designate May 9th through May 13th, 2005 as Tourism
Week in Collier County. To be accepted by Jack Wert, Collier County
Tourism Director.
C. Proclamation to designate the month of April 2005 as Child Abuse
Prevention Month. To be accepted by Sharon Winkelmann, Youth
Haven.
D. Proclamation to recognize the week of May 6 through 12, 2005 as Nurses
Week 2005. To be accepted by Crystal Campbell, ARNP, and Karen
Rollins, MS, RN.
E. Proclamation to recognize the Collier County Medical Society and the
Physician Led Access Network of Collier County. To be accepted by Ms.
Lauren Leifer, Executive Director for Physician Led Access Network of
Collier County.
F. Proclamation to designate May 14th as a Day of Grace. To be accepted
by Matt and Bess Raulerson, parents of Emma Grace, who died of a rare
chromosomal disorder called Trisomy.
G. Proclamation to recognize April 26, 2005 as Naples Sharks U-14 Boys
Soccer Team Day. To be accepted by Michael Pettit, Chief Assistant
Collier County Attorney, the soccer team, and Coach Mark Wilkinson.
H. Proclamation to designate April 26, 2005 as Publix Supermarket's
Charities and Publix Supermarket Employees Day. To be accepted by
Ernie Bretzmann on behalf of United Way.
5. PRESENTATIONS
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April 26, 2005
A. Recommendation to recognize Patricia Clemens, Special Needs Technician,
Bureau of Emergency Services, as Employee of the Month for April 2005.
6. PUBLIC PETITIONS
A. Public Petition request by P J Noe to discuss suggestion regarding child
endangerment, animal abuse, property depreciation and Sheriff Don
Hunter's deputy expenses.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2004-AR-5746
Jesse J. Hardy represented by Richard H. Thompson, P.E, requesting
Conditional Use #1 of the "A" Rural Agricultural District for excavation
of ponds in conjunction with the permitted use of Aquaculture. The
property is located approximately two miles south ofI-75 and one mile
east of Everglades Boulevard, in Section 16, Township 50 South, Range
28 East, Collier County, Florida, and consists of 160:f: acres.
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve a millage rate increase from 3 to 4 mil for
the Forest Lakes Roadway and Drainage Municipal Services Taxing
Unit(MSTU).
B. ReQuest this item to be continued to the May 10. 2005 BCC meetin2:.
This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2004-AR-
6258, Elias Brothers Communities at Palermo Cove, Inc., represented by
Dwight Nadeau, of RWA, Inc., and Chuck Basinait, of Henderson,
Franklin, Starnes & Holt, P.A. requesting a rezone from the Agriculture
zoning district to the Residential Planned Unit Development (RPUD)
zoning district to be known as Palermo Cove PUD, consisting of 131
acres and a maximum of 524 residential dwelling units. The property is
located north of Wolfe Road, west of Collier boulevard (CR 951), in
Section 34, Township 48 South, Range 26 East, Collier County, Florida
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April 26, 2005
C. This item reQuires that all participants be sworn in and ex parte
disclosure by provided by Commission members. PUDZ-A-2004-AR-
6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS
Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned Unit
Development known as Warm Springs PUD by revising the PUD
document and Master Plan by increasing the allowed dwelling units by
290 units to a maximum of 540 units, a density increase from 2.1 units
per acre to 4.52 units per acre; to show a name change from Nicaea
Academy PUD; and reflect the PUD ownership change. The property is
located on the east side of Collier Boulevard, approximately one mile
south of Immokalee Road, in Section 26, Township 48 South, Range 26
East, Collier County, Florida, consisting of 119:f: acres.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Code Enforcement
Board.
B. Appointment of members to the Immokalee Enterprise Zone
Development Agency.
C. Commissioner Henning's request to discuss and identify additional
funding for off-season tourism advertising.
10. COUNTY MANAGER'S REPORT
A. This item has been continued from the March 22. 2005 BCC Meetin2:
to the April 12. 2005 BCC Meetin2: and has been further continued
to the April 26. 2005 BCC Meetin2:. Recommendation to approve
Resolution 2005- creating the Habitat Conservation Plan Advisory
Committee. (Joseph K. Schmitt, Administrator, Community
Development)
B. Recommendation to approve three (3) funding agreements with the South
Florida Water Management District for a total amount of $990,000.00
providing assistance with design and construction of four (4) Stormwater
Improvement Projects. (Norman Feder, Administrator, Transportation
Services)
C. Presentation of the three final proposed designs for the Collier County
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April 26, 2005
Freedom Memorial.
1. This item to be heard at 10:30 a.m. This item continued from the April 12,2005
BCC Meeting. 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 $7,800,000 in right of way and other substantial considerations.
(Norman Feder, Administrator, Transportation Services)
E. Recommendation to authorize county staff to purchase Ironwood Golf
Course at auction in an amount not to exceed $1, 100,000. (Marla
Ramsey, Administrator, Public Services)
F. Recommendation that the Board of County Commissioners approve a
budget amendment in the amount of $842,700 for funds from the Federal
Transit Administration for the Collier Area Transit system. (Norman
Feder, Administrator, Transportation Services)
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
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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April 26, 2005
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve an Agreement for Sale and Purchase
with Juniace Senecharles for 1.14 acre under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $30,850.
2) Recommendation to approve an Agreement for Sale and Purchase
with Robert C. Malt for 83.18 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $4,781,080.
3) Recommendation to approve Resolution 2005- approving a Target
Protection Areas outreach mailing strategy for Conservation Collier's
third property selection cycle.
4) Recommendation to grant final approval of the roadway (public) and
drainage improvements for "Whippoorwill Lane (from Pine Ridge
Road, South to Stratford Place entrance"). The roadway and drainage
improvements within the right-of-way will be maintained by Collier
County.
5) Petition CARNY-2005-AR-7495, Fred Hollingsworth, President,
Three Ring Entertainment, Inc., d/b/a Holly Bros. Barney and Bidwell
Circus, requesting a permit to conduct a circus from May 9, 10, and
11, 2005, at the Immokalee Regional Airport located at 165 Airpark
Boulevard.
6) Recommendation to approve for recording the final plat of "Coco
Lakes Estate Homes".
7) Recommendation to approve for recording the final plat of
"Independence Phase Two", approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
B. TRANSPORTATION SERVICES
1) Recommendation to approve Supplemental Agreement No.2 in the
amount of$161,147.50 for Additional Engineering, Permitting and
Post Design Services to be provided by Agnoli, Barber, & Brundage,
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April 26, 2005
Inc., for relocating the entrance and access road to the Collier County
School District Bus Facility, designing a pathway on the north side of
the roadway and to provide Post Design Services for the six-laning of
Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard
at this time, Project No. 60169.
2) Recommendation to approve submittal of a Hazard Mitigation Grant
to the Federal Emergency Management Agency, Department of
Homeland Security for Traffic Signal Mast Arm Rebuilds at
Vanderbilt Beach Road at Vanderbilt Drive; Vanderbilt Drive at III th
Avenue North; Seagate Drive at West Boulevard; Pine Ridge Road at
Pine Ridge Middle School, and Golden Gate Parkway at Naples High
School in the amount of$375,511.
3) Recommendation to adopt a resolution authorizing the acquisition by
gift or purchase of fee simple interests and/or those perpetual or
temporary easement interests necessary for the construction of
roadway, drainage and utility improvements required for the four-lane
expansion of County Barn Road from Davis Boulevard to Rattlesnake
Hammock Road. (Capital Improvement Element No. 33, Project No.
60101). Estimated fiscal impact: $1,895,000.00.
4) Recommendation to approve award of a construction contract with
Bonness, Inc. for intersection improvements in the amount of
$519,276.07 on Golden Gate Boulevard at Everglades Boulevard, Bid
No. 05-3802.
5) Recommendation to approve advertisement for bids to construct the
six-Ianing of Rattlesnake Hammock Road, from Polly Avenue to
Collier Boulevard, Project No. 60169 at an estimated construction cost
of $20 million.
6) Recommendation to award bids and approve the Annual Agreements
for Title Commitments and Real Estate Closing Services and
authorize the Chairman to execute same on behalf of the Board.
7) Recommendation to approve submittal of a Florida Forever (FF-5)
Grant to the Florida Communities Trust for the Gordon River Water
Quality Park in the amount of$8,600,000.
8) Recommendation to approve Change Order No.5 to Contract #04-
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April 26, 2005
3651 with Hannula Landscaping, Inc., for Livingston Road (Radio
Road to Pine Ridge Road) Landscape Beautification (Project No.
600714) in the amount of$148,470.33.
9) Recommendation that the Board of County Commissioners (I)
approve a Resolution authorizing the Chairman of the Board of
County Commissioners to execute a Local Agency Program
Agreement with the State Department of Transportation in which
Collier County would be reimbursed up to $586,500 of the total
estimated cost of $702,000 for the design and installation and
construction engineering inspection of two prefabricated bicycle and
pedestrian Bridges on Vanderbilt Drive; (2) authorize the advance of
the $586,500 plus the additional non-refundable project cost of
$115,500 from the Gas Tax Fund; and (3) approve future fiscal year
annual costs of bridge maintenance and all necessary budget
amendments.
C. PUBLIC UTILITIES
1) 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 1992 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
2) 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.
3) 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.
D. PUBLIC SERVICES
1) Recommendation to approve a Lease Agreement with Vanderbilt
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April 26, 2005
Properties, Inc. for use of vacant land to be used for temporary
parking and a construction staging area without cost to the County.
2) Recommendation to approve the Older Americans Act Disaster Relief
Program contract in the amount of $3,500,000 between Collier
County Board of County Commissioners and Area Agency on Aging
for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest
Florida and authorize the Chairman to sign the agreement.
3) Recommendation to approve budget amendments to reflect an overall
increase of $11 ,928 in the Older Americans Act programs and
authorize the Chairman to sign contract amendment OAA.203.05
#001 between Collier County Board of County Commissioners and
Senior Solutions of Southwest Florida D/B/A Area Agency on Aging.
4) Recommendation to approve Contract Amendment No. I, to Contract
No. 03-3537, "Tourism Development Council Marketing Services"
with Paradise Advertising and Marketing, Inc. to include the
development of a strategic public relations program for the Collier
County Museums and the Naples Depot in the amount of$20,200.
E. ADMINISTRATIVE SERVICES
1) Recommendation to reject all proposals received under RFP 05-3747,
Indoor Air Quality Services.
2) Recommendation to approve usage of the School Board of Miami-
Dade County Industrial Equipment and Supplies Discount Bid (051-
DD9) over the twenty-five thousand dollar threshold for the purchase
of hardware and related items for maintenance, operations and repair.
3) Recommendation to award RFP 05-3761, SAP Consulting Services to
Rapidigm Inc. and TUI Consulting Inc. (Estimated Annual Cost
$150,000)
4) Recommendation to reject the award to Fort Bend of 25% sodium
hydroxide on Bid 04-3706-"Chemicals for Utilities" in the estimated
annual amount of $59,850.00 and award corrected annual estimate of
$94,050.00 to Allied Universal Corporation.
5) Recommendation to award RFP No. 05-3799 for Process
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April 26, 2005
Mapping/Analysis Services in the amount of $225,000.00.
6) Recommendation to approve submittal of a Hazard Mitigation Grant
to the Federal Emergency Management Agency, Department of
Homeland Security for Retrofit of Collier County Health Department
Building H in an amount not to exceed $350,000.
F. COUNTY MANAGER
1) Approve an Out-of-Cycle FY2005 TDC Category "A" Grant
Application and Tourism Agreement with the City of Naples for
Lowdermilk Park Parking Lot Reconstruction/Restoration Project
#90019 in the amount of$375,000.
2) Recommendation that the Board of County Commissioners Award
RFP #05-3775 for Environmental Consultant for Clam Bay
Restoration to Turrell and Associates, Inc. in the amount of $162,000.
3) Recommendation to approve an Interlocal Agreement between the
North Naples Fire and Rescue District and Collier County for an
Advanced Life Support Engine Partnership Program and approve the
necessary Budget Amendment.
4) Recommendation to approve a one-year contract with HealthStream,
Inc. to provide Distance Learning Software for the Collier County
Emergency Medical Services at a cost of $28,080.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommenation to approve Contract Amendment A-2 involving
Contract #03-3473 "Consultant Services for Preparation of a Land
Development Overlay for Bayshore/Gateway Triangle Community
Redevelopment Area (CRA) District".
2) Board of County Commissioners adopt a Resolution to authorize
expenditure of an anticipated $500,000 United States Department of
Agriculture Grant, and to authorize expenditure of an anticipated
$500,000 Florida State Rural Infrastructure Grant, both grants to fund
Phase I construction of a Surface Water Management Detention Pond
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April 26, 2005
Advanced Life Support Engine Partnership Program and approve the
necessary Budget Amendment.
4) Recommendation to approve a one-year contract with HealthStream,
Inc. to provide Distance Learning Software for the Collier County
Emergency Medical Services at a cost of $28,080.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommenation to approve Contract Amendment A-2 involving
Contract #03-3473 "Consultant Services for Preparation of a Land
Development Overlay for Bayshore/Gateway Triangle Community
Redevelopment Area (CRA) District".
2) Board of County Commissioners adopt a Resolution to authorize
expenditure of an anticipated $500,000 United States Department of
Agriculture Grant, and to authorize expenditure of an anticipated
$500,000 Florida State Rural Infrastructure Grant, both grants to fund
Phase I construction of a Surface Water Management Detention Pond
required at the Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner to
attend the Naples Alliance for Children Annual Advocacy Dinner and
Apple Blossom A ward ceremony on May 5, 2005 at the Country Club
of Naples. $35.00 to be reimbursed from Commissioner Halas' travel
budget.
2) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
attended the Marine Corps League of Naples Annual Press Day
Luncheon on April 20, 2005 at the Elks Lodge. $13.00 to be
reimbursed from Commissioner Halas' travel budget.
3) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner to
speak at the Naples Gulf Shore Rotary meeting on May 4, 2005 at the
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April 26, 2005
Naples Beach Hotel. $15.00 to be reimbursed from Commissioner
Halas' travel budget.
4) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner to
attend the Economic Development Council Membership Mixer hosted
by Edison College on May 4, 2005 at Edison College Collier Campus.
$15.00 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 make a
determination of whether the purchases of goods and services
documented in the Detailed Report of Open Purchase Orders dated
March 19,2005 through April 1, 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.
K. COUNTY ATTORNEY
1) Recommendation to approve the Offer of Judgment in the amount of
$1000 as to Parcel 135 in the lawsuit styled Collier County v. Edward
Olah, Trustee, et aI., Case No. 96-1314-CA (Rattlesnake Hammock
Rd Four Laning Project 65021). (Fiscal Impact: $900)
2) Request by the Collier County Industrial Development Authority for
Approval of a Resolution Authorizing the Authority to Issue Revenue
Bonds to be Used to Finance Water and Wastewater Utility Facilities
for Ave Maria Utility Company.
3) Recommendation that the Board of County Commissioners (1)
Execute the Attached Agreement Between the Department of
Community Affairs and the Board of County Commissioners Which
Would Have the Effect of Allowing Variations for Plantation Island
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April 26, 2005
(Unrecorded) Subdivision, Units One, Two and Three From the Big
Cypress Area of Critical State Concern Regulations as Implemented
by Collier County Through its Growth Management Plan and Land
Development Code and (2) Direct That the Definition of the Term
"Variance" in the Land Development Code be Amended to Include
V ariations From the Big Cypress Area of Critical State Concern
Regulations as Implemented By the Land Development Code.
4) Recommendation that the Board of County Commissioners authorize
the employment of a land use attorney and legal secretary to be
dedicated to Community Development and Environmental Services
issues and approve the necessary budget amendments.
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. CU-2004-AR-6671,
Boca Bargoons of Naples, Inc., represented by Kelly Smith, of Davidson
Engineering, Inc., requests approval of a Conditional Use pursuant to
Table 2 of Section 2.04.03 of the Land Development Code, to allow
permitted personal services, video rental or retail uses (excluding drug
stores), with more than 5,000 square feet of gross floor area in the
principal structure, in the C-3, Commercial Intermediate, Zoning District.
The property to be considered for the Conditional Use is located at 4403
Tamiami Trail East, in Section 13, Township 50 South, Range 25 East,
Collier County Florida. This property consists of2.53 +/-acres.
B. This item reQuires that all participants be sworn in and ex parte
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April 26, 2005
disclosure be provided by Commission members. CU-2004-AR-6090
Collier County Public Utilities represented by Brian Nelson, ASLA of
Agnoli, Barber and Brundage, Inc., requesting a conditional use pursuant
to Section 2.01.13.G.l of the Land Development Code for "Essential
Services," more particularly identified as a "Master Pump Station" in the
Estates zoning district. The property is located south of Immokalee Road,
less than 1/2 mile west of Wilson boulevard on Tract 84, Unit 20, Golden
gate Estates, in Section 28, township 48 South, Range 27 East, consisting
of 1.65 acres.
C. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. PUDZ-2004-AR-
6383, William L. Hoover, Manager Catalina Plaza, LLC, represented by
William L. Hoover, Hoover Planning & Development, Inc. and Richard
D. Yovanovich, Goodlette, Coleman, & Johnson, P.A., requesting a
rezone from Rural Agricultural (A) to Mixed Use Planned Unit
Development (MPUD) for a project known as the Carolina Plaza Mixed
Use PUD to allow a maximum of 64 dwelling units and 150,000 square
feet of retail space and office space. The subject property, consisting of
15.88+ acres, is located on the north side of Vanderbilt Beach Road,
approximately ~ mile west of Collier Boulevard, in Section 34,
Township 48 South, Range 26 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.
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April 26, 2005
April 26, 2005
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Okay. Thank you very much. We're
going to wait for just a moment while Commissioner Fiala asks a
question of the county attorney.
COMMISSIONER HENNING: What are you waiting for?
CHAIRMAN COYLE: I'm waiting for Commissioner Fiala to
get a question answered by county attorney, if you don't mind.
COMMISSIONER FIALA: It will only be a second.
CHAIRMAN COYLE: I'll start it whenever we need to get it
started.
COMMISSIONER HENNING: We've got all day.
CHAIRMAN COYLE: That's right. Thank you very much.
Will everyone please stand for the invocation by co-minister
Albert Wingate of the Unity of Naples Church.
MR. WINGATE: I invite each of us to close our eyes and open
our hearts.
Dear holy, loving creator, we give thanks that we are able to
come together in peace. We give thanks that we are able to come
together and share our thoughts, our ideas, our beliefs, our common
thoughts, and our differences.
Loving God, as we move through this time together, we ask that
your vision -- your wisdom guide and direct our decision-making, that
all that we do be tempered in justice and love.
May each person who is dealt with today be recognized and
acknowledged as your child regardless of their position of power or
station in life. And when the tasks of this day are finished, may our
hearts truly tell us that we have done your work and your will.
All this we ask in your holy name, amen.
CHAIRMAN COYLE: Would you please join us --
MR. WINGATE: Thank you.
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April 26, 2005
CHAIRMAN COYLE: -- in the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you very much.
County Attorney, do you have any words of wisdom with respect
to our agenda today?
MR. WEIGEL: Hopefully the words of wisdom will come a
little bit later, but no changes to the agenda. We are providing some
new information to Ms. Fiala in regard to agenda item for the
community redevelopment district agreement. I don't have the
number in front of me right now, but that may be being moved to
regular agenda for discussion. But I think Ms. Fiala may address that
further.
CHAIRMAN COYLE: Okay. Thank you very much.
County Manager?
Item #2A
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
MR. MUDD: Commissioner, agenda changes, Board of County
Commissioners' meeting, April 26th, 2005.
First item is item 7 A. The title should read, conditional use
2004-AR-57 --
CHAIRMAN COYLE: Jim, could you get closer to that mike?
I'm having a little difficulty hearing you.
MR. MUDD: Yes, sir. I'm going to let Leo do this.
CHAIRMAN COYLE: Okay, all right.
MR. OCHS: Item 7 A, title should read, CU-2004-AR-5746. The
Board of Trustees of the Internal Improvement Trust Fund represented
by the Florida Department of Environmental Protection, requesting
conditional use number one of the "A" rural agricultural district for
Page 3
April 26, 2005
off-site removal of earthen material in conjunction with the permitted
use of acquaculture.
The property is located approximately two miles south of I - 75
and one mile east of Everglades Boulevard in Section 16, Township
50 south, Range 28 east, Collier County, Florida, and consists of 160
plus or minus acres. That's at staff request.
Next change is to add item 9D. It's a request from Commissioner
Coy Ie to discuss the proposed growth management bill, both House
Bill 1865 and Senate Bill 360.
Next item, 10E. This is a correction to the executive summary
under considerations. The third paragraph should read: The Clerk of
Courts will conduct a foreclosure sale of the property described in
Exhibit A of the final judgment in foreclosure on May 4, 2005.
Board approval of this action will authorize public services
Division Administrator Marla Ramsey or Assistant County Attorney
Jeff Klatzkow or their designee to bid up to $1,100,000 on the
property, pending receipt of two appraisal values equal to or greater
than, rather than less than as it currently reads, the authorized purchase
amount, and that's at staff request.
There's a state requirement that we have two appraisals, and we
need to bid up to that amount.
Then we have two time-certain items. Item lOB is to be heard at
10 a.m. That is a recommendation to approve three funding
agreements with the South Florida Water Management District for a
total amount of $990,000 providing assistance with design and
construction of four stormwater improvement projects. We have
several officials from the district here this morning.
And then the second item is item 10D. That item is to be heard
10:30 a.m. That is a recommendation to approve and authorize the
chairman to sign an interlocal agreement with the board of supervisors
of the Ave Maria stewardship community district whereby Collier
County agrees to reserve the district sufficient capacity on Collier
Page 4
April 26, 2005
County's road public facility to complete the buildout of the town of
Ave Maria and also to authorize 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 estimated
$7,800,000 in right-of-way and other substantial considerations.
We have no other, Mr. Chairman.
CHAIRMAN COYLE: Okay. Thank you very much, Mr. Ochs.
Does the board have any questions concerning the summary
agenda?
COMMISSIONER FIALA: Yes. I'd like to pull 17 A, please.
CHAIRMAN COYLE: Okay. Commissioner Fiala would like
to pull item 1 7 A and place it on the regular agenda.
COMMISSIONER FIALA: And then on 16G 1 there's some
confusion on -- regarding 16G 1, and I rather than -- rather than
address it today, I would like to see it continued to the next agenda.
CHAIRMAN COYLE: Okay. Commissioner Fiala would like
to have 16G 1 continued to the next agenda.
Any other questions concerning the summary agenda?
(N 0 response.)
CHAIRMAN COYLE: Do the board members have any ex parte
disclosure for the summary agenda?
Commissioner Halas?
COMMISSIONER HALAS: For the summary agenda, I do not
have any ex parte, and I don't have anything else to address on today's
agenda.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Thank you. On the
summary agenda, we already have pulled 1 7 A, and we'll be making
our disclosures at that time, is that correct, 1 7 A?
CHAIRMAN COYLE: Yes, we can do that at that time.
Page 5
April 26, 2005
COMMISSIONER COLETTA: Okay. Then 17B, I've had
correspondence on. No other items on the summary agenda, however,
I do want to make a comment on item 16D 1, which is the
recommendation to approve a lease agreement with Vanderbilt
Properties Incorporated for the vacant land to be used for temporary
parking and construction staging area without cost to the county.
That's a wonderful item. That's a very big good-news item that I
hate to see go by on the consent agenda without some recognition to
the Vanderbilt Property, Incorporated, but what they've done to be
able to use -- to continue offering beach parking while we're doing the
construction of the parking garage. And I just didn't want to let this
opportunity to go by without extending a personal thank-you to them
on my behalf and I'm sure on behalf of the rest of the commission --
CHAIRMAN COYLE: Good, thank you.
COMMISSIONER COLETTA: -- and the public.
CHAIRMAN COYLE: Thank you very much, Commissioner
Coletta.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have no disclosures for the
summary agenda and no disclosures actually for anything on the
consent agenda.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I received an e-mail on Catalina
Plaza. That's the only disclosures I have.
CHAIRMAN COYLE: Okay. And I have no disclosures for the
summary agenda and --
MR. OCHS: Mr. Chairman, excuse me, if I might. 1 7 A will
become 7B.
CHAIRMAN COYLE: 7B.
MR. OCHS: Under Board of Zoning Appeals.
CHAIRMAN COYLE: Okay. Thank you. And I have no
changes to the regular, consent, or summary agenda.
Page 6
April 26, 2005
Is there a motion to approve today's regular, consent, and
summary agenda as amended?
COMMISSIONER HALAS: So moved.
CHAIRMAN COYLE: Motion by Commissioner Halas.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any further 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 7
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 26. 2005
Item 7 A - The title should read: CU-2004-AR-5746. The Board of Trustees of the
Internal Improvement Trust Fund represented by the Florida Department of
Environmental Protection, requesting Conditional Use #1 of the "A" Rural
Agricultural District for off-site removal of earthen material in conjunction with the
permitted use of Acquaculture. The property is located approximately two miles
south of 1-75 and one mile east of Everglades Boulevard, in Section 16, Township
50 South, Range 28 East, Collier County, Florida, and consists of 160+/- acres.
(Staff request.)
Add Item 90: Commissioner Coyle to discuss Growth Management Bill HB 1865
and SB 360.
Item 10E: Correction to the executive summary. Under Considerations, the third
paragraph should read: "The Clerk of Courts will conduct a foreclosure sale of
the property described in Exhibit A of the Final Judgment in Foreclosure on May
4, 2005. Board approval of this action will authorize Public Services Division
Administrator Marla Ramsey or Assistant County Attorney Jeff Klatzkow or their
designee to bid up to $1,100,000 on the property, pending receipt of two appraisal
values equal to or greater than (rather than "less than") the authorized purchase
amount. (Staff request.)
TIME CERTAIN ITEMS:
Item 10B to be heard at 10:00 a.m. Recommendation to approve three (3) funding
agreements with the South Florida Water Management District for a total amount
of $990,000 providing assistance with design and construction of four (4)
Stormwater Improvement Projects.
Item 100 to be heard at 10:30 a.m. 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
reserve the District sufficient capacity on Collier County's road public facilities to
complete the buildout 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 $7,800,000 in right-of-way and
other substantial considerations.
April 26, 2005
Item #2B, #2C, #2D
MINUTES OF THE MARCH 22, 2005 BCC REGULAR MEETING
MINUTES, MARCH 25, 2005 BCC CONCURRENCY
WORKSHOP, AND MINUTES FROM THE MARCH 31, 2005 BCC
BEACH ACCESS WORKSHOP - APPROVED AS PRESENTED
CHAIRMAN COYLE: It is unanimous. Thank you very much.
Do I have a motion to approve the March 22nd, 2005/BCC
Regular meeting minutes; the March 25,2005, BCC/Concurrency
Workshop Minutes; and the March 31, 2005/BCC Beach Access
Minutes?
COMMISSIONER FIALA: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion for approval by Commissioner
Fiala, second by Commissioner Halas.
Any further 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: It passes unanimously.
Item #3
SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
Page 8
April 26, 2005
MEMBERS)
That brings us to service awards. I understand we have two
20-year service awards.
MR. MUDD: We have a total of three.
CHAIRMAN COYLE: We have three, okay.
MR. MUDD: Yes, sir. Are you going to come down or are you
going to take it from up there?
CHAIRMAN COYLE: Where are the awards? The awards
down there?
MS. ARNOLD: Yes.
CHAIRMAN COYLE: Then we'll come down there.
MR. MUDD: Mr. Chairman, the first 20-year attendee award
goes to Jeffrey Kucko from Building Review and Permitting.
(Applause.)
COMMISSIONER FIALA: I get to shake your hand twice.
MR. KUCKO: Oh, come on. Give me a hug.
COMMISSIONER FIALA: Okay. Hugs are much better.
CHAIRMAN COYLE: No hugs.
MR. KUCKO: Thank you. Thank you very much.
CHAIRMAN COYLE: Congratulations.
COMMISSIONER COLETTA: Congratulations. The next 20
will be a lot easier.
MR. KUCKO: Yes. All you guys change so often.
CHAIRMAN COYLE: Come over here for a picture.
MR. KUCKO: Okay, quick. Thank you.
Did you want to get that certificate from that place we've got
over there, Victoria's Secret?
COMMISSIONER COLETTA: Another free game of golf,
right?
(Applause.)
MR. MUDD: The next 20-year attendee is Walter Suttlemyre
Page 9
April 26, 2005
from Building Review and Permitting. One of the interesting notes on
Walter as he's coming up, you know, he's been an inspector for
building review and permitting for 20 years, and he also keeps a log
on how much mileage he does and how many inspections he does and
how many he's performed.
Since 1985, he's performed 109,627 inspections, and he's driven
over 187,000 miles, okay, in that 20-year period of time. Come on up,
Walter.
(Applause.)
COMMISSIONER FIALA: Thank you.
COMMISSIONER COLETTA: Thank you.
MR. SUTTLEMYRE: Don't hurt me.
COMMISSIONER HENNING: Congratulations.
MR. MUDD: Walter, we need a picture.
(Applause.)
MR. MUDD: And we have one 25-year awardee, and that's Al
Madsen, and he works on the beach, and he's in the Tourism
Department.
(Applause.)
COMMISSIONER FIALA: You're looking spiffy.
CHAIRMAN COYLE: Congratulations.
COMMISSIONER COLETTA: Thank you very much.
COMMISSIONER HENNING: Congratulations.
COMMISSIONER HALAS: Thank you.
(Applause.)
Item #4A
PROCLAMATION TO DESIGNATE THE WEEK OF APRIL 25
THROUGH APRIL 29, 2005 AS THE 26TH ANNIVERSARY OF
THE KNOW YOUR COUNTY GOVERNMENT WEEK-
ADOPTED
Page 10
April 26, 2005
MR.OCHS: Mr. Chairman, that takes us to item 4,
Proclamations.
First proclamation is a proclamation to designate the week of
April 25th through April 29th, 2005, as the 26th anniversary of the
Know Your County Government Week, to be accepted by students
Lee Davidson and Esther Anofils.
CHAIRMAN COYLE: And that proclamation will be read by
Commissioner Henning.
COMMISSIONER HENNING: Whereas, county government is
a complex and multifaceted process which affects the lives of all
residents of Collier County. That's an understatement; and,
Whereas, the increased knowledge of the various aspects of
county government work can enhance individual quality of life in
Collier County; and,
Whereas, it is desirable for all county residents to be
knowledgeable of county government and how it works; and,
Whereas, League of Women Voters of Collier County, Collier
County University Extension/4-H Youth Development, and the Collier
County Public Schools have co-sponsored Know Your County
Government teen citizens' program for 26 years; and,
Whereas, Know Your Government -- County Government Week
was implemented to make the understanding of government, county
government, more accessible to our community.
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that the week of April 25th through the
29th, 2005, be designated as the 26th anniversary of Know Your
County Government Week.
Done in this order, April 26th, 2005.
Mr. Chairman, I make a motion we approve this proclamation.
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: I second that.
CHAIRMAN COYLE: Okay. A motion by Commissioner
Page 11
April 26, 2005
Henning, a 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.
(Applause.)
CHAIRMAN COYLE: Stay here for a picture.
MR. MUDD: How many folks here are from Know Your
Government? Could you stand up?
(Applause.)
MR. MUDD: Now, you've got to smile when you get this picture
taken. Come on, break a smile. It's okay. It's a nervous smile, but it's
a smile nonetheless.
CHAIRMAN COYLE: Okay. Thank you very much.
Does anyone wish to speak at this point? Okay.
MS. ANOFILS: Good morning, everyone. My name is Esther
Anofils. I'm from Immokalee High.
We wish to talk -- we wish to thank about a story -- we wish to
thank you, the County Manager, and the Collier County division and
department heads, the constitutional officer and adults from Collier
University of Florida, IFAS Extension 4-H Youth Development
Program, Collier County League of Women Voters and Collier
County Public Schools who have worked together to make the Collier
County government program possible.
Twenty-nine high school students from throughout Collier
County are participating, representing Naples High, Barron Collier,
Immokalee, Gulf Coast, Lely, St. John Neumann, and as well as
homeschoolers.
Some of the places and people we have visited and what we
Page 12
April 26, 2005
learned include going to the Collier County Landfill where we learned
about the importance of recycling. We enjoyed the Collier County
Museum with Mr. David Southall and learned about the history of
Collier County, enjoyed the government animal services, the sheriffs
department service, the Collier County Supervisor, water plant quality,
the Health Department also have information about emergency
management services.
MR. DAVIDSON : We've learned many things through this
program, and we've learned some of the challenges that are facing
Collier County. We learned that there are many perilous challenges
facing Collier County.
Many of these challenges have been successfully overcome, but
there are still a few challenges that present themselves to this great
county, such as what to do with an ever-growing population. This
problem may seem simple and easy to handle, but it isn't. A booming
population affects every aspect of county government, since
government is in the business of people.
Another great challenge facing this county is what to do with
waste, since the landfill is running out of space. There are alternate
ways to dispose of this waste, ways that could greatly benefit this
area's citizens, such as turning waste into cheap, useful energy.
These are just a few of the challenges that we have learned about
through this program and challenges we are glad that you, the county
commissioners, are working on.
Weare looking forward to the amazing things planned for this
county and all these great changes that will occur in the county,
especially the new water park going in on Livingston Road, and I'm
glad to call this great county home.
Also, in closing, on behalf of the Collier County 4- H Club, I
would like to thank the United Way, here to receive a proclamation
later for their funding and support of this great program. Thank you.
(Applause.)
Page 13
April 26, 2005
CHAIRMAN COYLE: Thank you.
Item #4B
PROCLAMATION TO DESIGNATE MAY 9TH THROUGH MAY
13TH, 2005 AS TOURISM WEEK IN COLLIER COUNTY -
ADOPTED
MR.OCHS. Next item, Mr. Chairman, is 4B, proclamation to
designate May 9th through May 13th, 2005, as Tourism Week in
Collier County, to be accepted by Jack Wert, Collier County Tourism
Director.
CHAIRMAN COYLE: And I will present this proclamation.
Jack, come on up. Good morning.
MR. WERT: Good morning.
CHAIRMAN COYLE: Whereas, travel and tourism is the
largest industry throughout Florida. It employs more than 890,700
people and produces more than $56.5 billion in revenue from taxable
sales; and,
Whereas, the travel and tourism industry supports the vital
interests of Collier County, Florida, and the United States,
contributing over 25,000 jobs to our community, economic prosperity,
peace, understanding, and goodwill; and,
Whereas, 1.6 million visitors contributed nearly one billion
dollars to the economy of Collier County in 2004; and,
Whereas, it is in the best interest of Collier County citizens to
inform them of the direct and indirect benefits of tourism; and,
Whereas, as travelers become more aware of Collier County's
outstanding beaches, golf, shopping, restaurants, and natural historic
and cultural activities, travel and tourism will become an increasingly
important aspects in the lives of our citizens; and,
Whereas, May the 9th to the 13th, 2005, is being observed
Page 14
April 26, 2005
throughout the State of Florida as National Tourism Week; and,
Whereas, given these contributions to the economic, social, and
cultural well-being of the citizens of Collier County, it is fitting that
we recognize the importance of travel and tourism to our community.
Now, therefore, be it proclaimed that the Board of County
Commissioners wishes to acknowledge the contributions to the
economy of Collier County, Florida, by the travel and tourism
industry by designating May 19th (sic), 2005, as Tourism Week in
Collier County, and that this proclamation be acknowledged by the
Greater Naples, Marco Island, Everglades Convention and Visitors
Bureau at their third annual tourism awards luncheon on May the
11th, 2005.
Done and ordered this 26th day of April, 2005, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
I make a motion we accept this proclamation.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner 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.
CHAIRMAN COYLE: It is unanimously approved, Mr. Wert.
Thank you very much.
(Applause.)
COMMISSIONER FIALA: I'm coming to your luncheon.
CHAIRMAN COYLE: Picture.
MR. WERT: Let me bring my staff up, please, too, if you would
very quickly.
Page 15
April 26, 2005
CHAIRMAN COYLE: Sure, bring them up.
MR. WERT: Thank you.
COMMISSIONER HENNING: Hurry up.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
MR. WERT: Commissioners, thank you very much. For the
record, I'm Jack Wert, tourism director for the county.
And on behalf of the 27,000 employees in the tourism industry in
Collier County, I really do want to thank you for this recognition.
It is -- as you stated, we will be presenting this proclamation at
our awards luncheon on the 11 th of May, and we will be honoring a
number of real stars in our tourism industry, often people that don't get
recognition, the behind the scenes kind of people. So we've been
doing that now for three years.
As the proclamation states, tourism is a huge industry here in
Collier County. In fact, this past year the contribution from our guests
here was over one billion dollars, and those people working in this
industry and the financial contribution that our guests make ends up
saving our residents here in Collier County over $542 just last year.
So it's a significant industry. It's one that's extremely important
to our economy here, and I can promise you that our tourism staff will
work very hard in making sure that this summer is also a vibrant one,
and we keep those people employed, and we keep our community as
lively and wonderful as it is. Thank you.
(Applause.)
Item #4C
PROCLAMATION TO DESIGNATE THE MONTH OF APRIL
2005 AS CHILD ABUSE PREVENTION MONTH - ADOPTED
MR. OCHS: Item 4C is a proclamation to designate the month of
Page 16
April 26, 2005
April 2005 as Child Abuse Prevention Month, to be accepted by
Cheryl Winkelmann from Youth Haven.
CHAIRMAN COYLE: And this proclamation will be read by
Commissioner Fiala.
COMMISSIONER FIALA: Whereas, every child in our
community of Naples and Collier County is a precious gift full of
promise and potential; and,
Whereas, child abuse and neglect is a serious problem in Collier
County and across our nation; and,
Whereas, the prevention of child abuse is crucial to the
preservation of the health and well-being of families in Collier County
and is being accomplished by Youth Haven's programs that provide
support and information to families as well as community awareness;
and,
Whereas, all children learn from role models at home, at their
place of worship, at school, and in their communities, and all children
benefit from the love and leadership displayed by caring and
responsible adults; and,
Whereas, children are our most precious resource, and we at
Youth Haven are committed to keeping the children who live in our
community safe and happy.
Now, therefore, the Board of County Commissioners of Collier
County, Florida, hereby designate April 2005 as Child Abuse
Prevention Month and call this observance to the attention of all in our
community.
Done and ordered this 26th day of April 2005, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
Mr. Chairman, I make a motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala, second by Commissioner Coyle.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
Page 1 7
April 26, 2005
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous. Thank you very much.
(Applause.)
CHAIRMAN COYLE: Get a photo picture here.
And would you like to say something?
MS. WINKELMANN: Sure. Thank you so much. My name is
Sharon Winkelmann. I'm from Youth Haven.
I have no prepared remarks, but I'm very honored and I feel
privileged to be here today to accept this proclamation in honor of the
children and the families of Collier County.
Most people would be surprised to know that we're one of the
highest rates of child abuse and neglect in the country here in Florida.
We're actually second as a state in the United States.
We're also, here in Collier County, one of the highest counties in
the State of Florida in regards to the child abuse and neglect. And
mainly children in Florida, in the county, in the country, aren't abused
like you hear these horrific stories. There are some horrible people
doing horrible things to children, but for the most part, our children
are being neglected and they're being neglected because of the simple
reason of poverty, families under a tremendous amount of stress
without the resources to be able to appropriately care for their
children.
And what we can do here is try to support each other as
neighbors, as family members, as members of churches, parts of the
employment agencies, and try to help the families in need and the
children.
Thank you so much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Page 18
April 26, 2005
Item #4 D
PROCLAMATION TO RECOGNIZE THE WEEK OF MAY 6
THROUGH MAY 12. 2005 AS NURSES WEEK 2005 - ADOPTED
MR. OCHS: Item 4 D is a proclamation to recognize the week of
May 6th through May 12th, 2005, as Nurses Week 2005, to be
accepted by Crystal Campbell, ARNP, and Karen Rollins, MS, RN.
CHAIRMAN COYLE: And this proclamation will also be read
by Commissioner Fiala.
COMMISSIONER FIALA: The proclamation:
Whereas, 2.2 million registered nurses in the United States
comprise our nation's largest health care profession with as many
licensed practical nurses; and,
Whereas, the depth and breadth of the nursing profession is
meeting the different and emerging healthcare needs of the American
population in a wide range of settings; and,
Whereas, nurses' education and holistic focus promotes
restoration and maintenance of health in the individual and family;
and,
Whereas, the American Nurses Association, as the voice for the
registered nurses of this county and country, is working to chart a new
course for a healthy nation that relies on increasing delivery of
primary care; and,
Whereas, as renewed emphasis on primary and preventative
healthcare will require better utilization of all of our nation's nursing
resources; and,
Whereas, professional nursing has been demonstrated to be an
indispensable component in the safety and quality of care of
hospitalized patients; and,
Whereas, the demand for nursing services will be greater than
ever because of the aging of the continuing growth of life-sustaining
Page 19
April 26, 2005
technology and the explosive growth of home health services; and,
Whereas, more qualified registered nurses will be needed in the
future to meet the increasingly complex needs of the healthcare in this
community; and,
Whereas, the cost-effective, safe, and quality healthcare services
provided by nurses will be an evermore important component of the
U.S. healthcare delivery system in the future; and,
Along with the American Nursing Association, the Florida
Nurses Association has declared the week of May 6th through the 12th
as Nurses Week 2005, with the theme, "Nurses: Many Roles, One
Profession," in celebration of the ways in which nurses strive to
provide safe and high-quality patient care and map out the way to
improve our healthcare system.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the -- that all the
residents of this community join me in honoring the nurses who care
for us and the residents of this county celebrate nurses'
accomplishments and efforts to improve our healthcare system and
show our appreciation for the nation's nurses, not just during this time,
but at every opportunity throughout the year.
Done and ordered this 26th day of April 2005, Board of County
Commissioners, Fred Coyle, Chairman.
And Mr. Chairman, I make a motion to approve.
COMMISSIONER COLETTA: I second that.
CHAIRMAN COYLE: Motion by Commissioner Fiala to accept
the proclamation, a 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.
Page 20
April 26, 2005
CHAIRMAN COYLE: Thank you very much.
(Applause.)
CHAIRMAN COYLE: Thank you very much.
Would you like to say something?
MS. CAMPBELL: My name is Crystal Campbell. I'm from
Lorenzo Walker Institute of Technology, and we are honored to
accept this proclamation for all nurses out there making a difference in
people's lives every day.
MS. ROLLINS: I'm Karen Rollins, and I just want to say, nurses
are really the backbone of the healthcare system, and any time you get
a chance to recognize one or to thank one, that will build another
nurse, and that's what we need in this world. Thank you.
CHAIRMAN COYLE: Thank you.
(Applause. )
COMMISSIONER COLETTA: I might add, that being married
to a nurse, I can testify to the fact that they're tremendous caregivers.
(Applause.)
Item #4E
PROCLAMATION TO RECOGNIZE THE COLLIER COUNTY
MEDICAL SOCIETY AND THE PHYSICIAN LED ACCESS
NETWORK OF COLLIER COUNTY - ADOPTED
MR. OCHS: Item 4 E is a proclamation to recognize the Collier
County Medical Society and the Physician-Led Access Network of
Collier County to be accepted by Ms. Lauren Leifer, Executive
Director for Physician-Led Access Network of Collier County.
CHAIRMAN COYLE: And that proclamation will be presented
by Commissioner Coletta.
COMMISSIONER COLETTA: Thank you, Commissioner
Coyle. It's indeed an honor to read this proclamation, and I think it's
Page 21
April 26, 2005
the first proclamation I've ever seen with my name in it. And that's,
indeed, an honor.
CHAIRMAN COYLE: We have to change that.
COMMISSIONER COLETTA: Too late now. I'm going to
make a motion, and I think I got Commissioner Halas to second it.
Whereas, the 2004 Florida health insurance study indicates that
the number of uninsured in Southwest Florida is 24.4 percent of the
population under the age of 65, estimated to be one of the highest in
the state; and,
Whereas, Collier County government has undertaken a number
of work groups to develop a response to the large number of uninsured
who seek access to healthcare, most recently the Health and Human
Services Advisory Council, chaired by Commissioner Coletta; and,
Whereas, the Board of Collier County Commissioners strongly
support the use of existing resources to leverage additional state and
federal funds for the creation of the Horizon Health Clinic located in
Golden Gate City in order to provide access for primary care for low
income individuals; and,
Whereas, physicians of Collier County seek to bring equal access
to healthcare for the benefit of the community; and,
Whereas, Naples Community Hospital, Cleveland Clinic, Collier
Health Services, David Lawrence Center, HMA, Senior Friendship
Center, Collier Health Department, Collier County Human Services
Department, Collier County Medical Society, and private physicians
in the community are represented as directors of a not-for-profit
organization that seeks to develop a network of physician-led access
to healthcare throughout a systematic volunteering of resources.
And, therefore, be it proclaimed by the Board of Collier County
Commissioners, Collier County, Florida, that its gratitude and
appreciation be extended to the Collier County Medical Society and
the Physician-Led Access Network of Collier County for their support
of providing care to the underservedluninsured of Collier County.
Page 22
-'-' _.._..,-".._,"--~-",^.."
April 26, 2005
Done and ordered this, the 26th day of 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.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: That passes unanimously.
Congratulations.
(Applause.)
COMMISSIONER FIALA: Hi, how are you? Nice to see you
again, and you, too.
COMMISSIONER HALAS: Thank you very much.
COMMISSIONER COLETTA: Good to see you again.
CHAIRMAN COYLE: Before you read this -- you start this next
proclamation -- oh, you want to say something, of course. Go ahead.
MS. LEIFER: Thank you. I'm Lauren Leifer, and I would like to
introduce Dr. David Spellberg (phonetic), who has been president of
PLAN and a great visionary in this movement, and Dr. Califano, who
is also part of the PLAN program and a member of our board.
Dr. Spellberg will say a few words.
DR. SPELLBERG: Thank you. On behalf of Collier County
Medical Society and Physician-Led Access Network, it's a great honor
for me to accept this proclamation.
You may not be aware, but the Collier County Medical Society
mission has been always to provide quality access healthcare for all
citizens of Collier County . Physician-Led Access Network is helping
Page 23
April 26, 2005
us get towards that goal. This proclamation will also help us
hopefully now obtain 100 percent physician participation.
I'd like to thank the commissioners for doing this proclamation,
especially Commissioner Coletta for his continued diligence and
concern for low-income, uninsured patients here in Collier County.
Without him, this initiative could not have been undertaken.
Thank you very much.
(Applause.)
MS. LEIFER: I would just like to make one other comment.
Interestingly enough, Dr. Califano's son is here to receive a part of a
proclamation on a soccer team, so now he gets to see his son receive a
proclamation, which is wonderful.
COMMISSIONER COLETTA: Good. Thank you very much.
CHAIRMAN COYLE: Before we go to the next proclamation, I
would just like to announce, I would like to have all of the students
here for government days to come up for a photograph at the end of
these proclamations, so if you'll --
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: -- make sure you hang around, we'll get
a picture of all of you up here.
Okay. Let's go to the next proclamation.
Item #4 F
PROCLAMATION TO DESIGNATE MAY 14TH, 2005 AS A DAY
OF GRACE - ADOPTED
MR.OCHS: Yes, sir. Item 4F. It's a proclamation to designate
May 14th as a Day of Grace, to be accepted by Matt and Bess
Raulerson, parents of Emma Grace, who died of a rare chromosomal
disorder called Trisomy.
CHAIRMAN COYLE: And this proclamation will be presented
Page 24
-" .._...,-",.,--~--'-'-
April 26, 2005
by Commissioner Halas.
COMMISSIONER HALAS: Proclamation starts out as:
Whereas, Matt and Bess Raulerson have established an Annual
Day of Grace Golf Classic and Charity Auction to be held this year on
May 14th, in honor of their daughter, Emma Grace, who was born
with a rare chromosomal disorder called Trisomy 18, who lived only
13 days; and,
Whereas, Trisomy 18 is so rare that there is very little research
about it;
Whereas, Matt and Bess founded the annual event in order that
the proceeds could be used to change the future of other families by
funding research for Trisomy 18 Support Foundation, and for the
Support Organization of Trisomy 13 and 18 and related disorders;
Whereas, Matt and Bess will donate this year's proceeds to both
organizations and to Noah's Never-ending Rainbow, another
organization that supports families and children dealing with Trisomy
disorders, again, as they did the $18,000 from last years event.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that May 14th, 2005, shall
be proclaimed as Day of Grace in hopes of bringing more attention to
this heartbreaking disease and in recognition for the Raulerson
family's efforts to make a positive contribution to their community by
aiding others.
Done and ordered this 26th day of April, 2005, Board of County
Commissioners, Collier County, Florida, Fred W. Coyle, Chairman.
And I move that we approve this proclamation.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: A motion by Commissioner Halas to
approve, second by Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
Page 25
April 26, 2005
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is approved unanimously.
(Applause.)
CHAIRMAN COYLE: Would you like to say something?
MR. RAULERSON: Briefly. My name is Matt Raulerson, and
this is the second year my wife and I have put on a charity golf event
and auction to raise money for research and to the cure for Trisomy
18.
A lot of people aren't familiar with it. It's very similar to Down
Syndrome. Down Syndrome's actually Trisomy 21. It's a genetic
birth defect.
And I would like to invite everyone who's able to participate in
the golf tournament and charity auction, and I'd like to thank
Commissioner Halas and the entire board for support of our event.
Thank you very much.
CHAIRMAN COYLE: Where is the event being held and when
and what time?
MR. RAULERSON: It's May 14th at Forest Glen Golf and
Country Club here in Naples.
CHAIRMAN COYLE: Okay. May 14th at the Forest Glen
Country Club.
MR. RAULERSON: Yes.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. RAULERSON: Thank you.
(Applause.)
Item #4G
PROCLAMATION TO RECOGNIZE APRIL 26, 2005 AS NAPLES
SHARKS U-14 BOYS SOCCER TEAM DAY - ADOPTED
Page 26
April 26, 2005
CHAIRMAN COYLE: Item 4G is a proclamation to recognize
April 26th, 2005, as Naples Sharks U-14 Boys Soccer Team Day, to
be accepted by Michael Pettit, chief assistant Collier County attorney,
the soccer team, and Coach Mark Wilkinson.
CHAIRMAN COYLE: And this proclamation will be presented
by Commissioner Halas.
COMMISSIONER HALAS: Would the team all step forward,
please.
(Applause.)
COMMISSIONER HALAS: Wait til' everybody gets up here.
MR. WILKINSON: Two lines like a picture; big boys in the
back.
COMMISSIONER HALAS: It gives me great pleasure to read
this proclamation. This is quite an achievement that this group of
young men has accomplished here.
Proclamation reads as follows:
Whereas, the Naples Youth Soccer Club U -14 boys soccer team,
the Sharks, have won Florida's Youth Soccer Association's 2005
Region C Cup and the President's Cup Tournaments; and,
Whereas, Region C has teams from a geographic area of Florida
counties ranging from Collier, north to Hernando, and the President's
Cup is a tournament pitting the winner of each of Florida's Youth
Soccer Association's four regions against one another; and,
Whereas, the U-14 boys won the President's Cup by defeating the
Pensacola Futball Club and the Treasure Coast United Soccer Club
each by a score of 3-0; and,
Whereas, this -- first time since early 1990 that any Naples youth
soccer team of any age has won the President's Cup; and,
Whereas, the U -14 boys have now earned the right to represent
the State of Florida in the Region III District (sic) Cup in Little Rock,
Arkansas, from June 17th through 19th of 2005 where they will play
teams from Texas, Oklahoma, Alabama, Mississippi, North Carolina,
Page 27
April 26, 2005
South Carolina, Tennessee, Georgia, and Louisiana; and,
Whereas, the U -14 boys have been guided by the respected
coach, Mark Wilkinson, and supported by their families throughout a
long and tough soccer season that began in September of 2004.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 26th, 2005, be
designated as Naples Sharks U-14 Boys Soccer Team Day.
Done and ordered this 26th day of April 2005, Board of County
Commissioners, Collier County, Florida, Fred W. Coyle, Chairman.
And I move that this proclamation be approved.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas, second by Commissioner Fiala.
(Applause.)
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.
COMMISSIONER HALAS: Would the team captain step
forward so I can present this to him?
(Applause.)
COMMISSIONER FIALA: Wait just a minute. There we go.
MR. WILKINSON: Okay, guys, pictures. Can you get them all
in?
MS. ARNOLD: They're still passing out the proclamation.
MR. MUDD: Now, you guys have got to smile, come on.
(Applause.)
MR. PETTIT: Very briefly. Good morning, Commissioners.
Usually I'm here to talk to you about difficult and controversial and
Page 28
April 26, 2005
weighty issues of local government, but this is a fortunate event today.
I'm happy to be here to do this.
I want to congratulate Coach Wilkinson and the boys for a great
season. It couldn't have been done without Coach Wilkinson, I don't
believe.
And what I would like to do -- and thank you for giving us the
time to honor us. We hope we will represent Florida well when we go
to Arkansas.
I'd just to read off the names of the players, if you'll indulge me,
and we'll move on. Of course, there was Coach Mark Wilkinson.
And if you guys want to walk out when I call your name and go
to your parents or out to the hall, whatever, that might work well.
Tony Aguilera.
(Applause.)
MR. PETTIT: Jason Avola.
(Applause.)
MR. PETTIT: John Bonello.
(Applause.)
MR. PETTIT: Paul Califano.
(Applause.)
MR. PETTIT: Stevie Fenttiman.
(Applause.)
MR. PETTIT: Tom High.
(Applause.)
MR. PETTIT: Jefferson Iles.
(Applause.)
MR. PETTIT: Spencer Kehoe.
(Applause.)
MR. PETTIT: Tyler Korytkowski.
(Applause.)
MR. PETTIT: Maurcio Landivar.
(Applause.)
Page 29
April 26, 2005
MR. PETTIT: Daniel Marulanda.
(Applause.)
MR. PETTIT: Chris Moore.
(Applause.)
MR. PETTIT: Gil Parada.
(Applause.)
MR. PETTIT: One of the captains, Fernando Paredes.
(Applause.)
MR. PETTIT: Another captain, Max Pettit.
(Applause.)
MR. PETTIT: Cody Togher.
(Applause.)
MR. PETTIT: Bryan Torres.
(Applause.)
MR. PETTIT: Another captain, Nick Vegara.
(Applause.)
MR. PETTIT: And Graham Wilkinson.
CHAIRMAN COYLE: Thank you, Mike. And congratulations
to all the members of the soccer team. Great job.
(Applause.)
COMMISSIONER HALAS: Good luck. I just want to wish
them all good luck.
Item #4 H
PROCLAMATION TO DESIGNATE APRIL 26,2005 AS PUBLIX
SUPERMARKET'S CHARITIES AND PUBLIX
SUPERMARKET'S EMPLOYEE'S DAY -ADOPTED
MR. OCHS: Item 4 H, proclamation to designate April 26th,
2005, as Publix Supermarkets' Charities and Publix Supermarket
Employees Day, to be accepted by Ernie Bretzmann on behalf of the
Page 30
April 26, 2005
United Way.
CHAIRMAN COYLE: And this will be presented by
Commissioner Henning. .
COMMISSIONER HENNING: Whereas, United Way of Collier
County has funded qualified non-profit essential health and human
services to the benefit of the citizens of Collier County; and,
Whereas, financial support received by United Way of Collier
County remains in Collier County and benefits approximately 100,000
residents of Collier County; and,
Whereas, support of United Way of Collier County comes from
all facets of the community, including individual businesses, large and
small, employees of local and state government and schools; and,
Whereas, these fund (sic) partners, Publix Supermarkets'
Charities and the employees of Publix Supermarkets for over 10 years
have been the United Way's largest contributor. This year alone they
gave over $600,000 to United Way, thus directly benefiting the people
of Collier County; and,
Whereas, the Board of Commissioners, together with United
Way of Collier County, gratefully acknowledges the support Publix
Supermarkets' Charities and the employees of Collier County Publix
Supermarkets.
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that April 26th be designated as Publix
Supermarkets' Charities and Publix Supermarket Employees Day.
Done on this 26th day of 2005. Signed by the chairman, Fred
Coyle.
And I move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: A motion by Commissioner Henning to
approve, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
Page 31
April 26, 2005
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: That passes unanimously. Thank you.
MR. BRETZMANN: Can I say a few words?
CHAIRMAN COYLE: Sure, you can. But you have to get your
picture taken first.
MR. BRETZMANN: Sharon?
MS. MILLER: Good morning. I'm Sharon Miller, executive
director of Publix Supermarkets' Charities, and I want to thank the
commission so much for this honor and appreciate so much the
working relationship that Publix has with United Way, not only in
Collier County, but in the five states in which we operate, and
especially during the trying time that we have gone through in Florida,
and especially this county.
And we just appreciate everybody and what they've done and all
the agencies that United Way supports and what they have done for
the individuals in the county. And thank you very much.
CHAIRMAN COYLE: Thank you.
MS. MILLER: And Publix Supermarkets' Charities is doing a
match with what our employees raise, and we do a 75 percent match.
So whatever our employees raise, then Publix Charities matches that.
So our associates were very generous, and we are able to present this
check for -- what was it -- $260,000.
COMMISSIONER FIALA: Wow.
(Applause.)
MR. BRETZMANN: The real one.
CHAIRMAN COYLE: Thank you, Publix, for your support.
MR. BRETZMANN: Thank you, Publix. I'd like to begin my
little few words by thanking the board for issuing this proclamation
today recognizing Publix and all they do to help our community.
Page 32
April 26, 2005
When you walk into a Publix store, you notice right away they
support a lot of different charities. You also notice that they hire
people with disabilities, which is great because it gives these folks
independence and builds their self-esteem.
One thing you don't notice though is Publix Charities. Publix
doesn't blow their own horn about the Publix Charities, but each year
they give millions of dollars back to the communities they do business
in, and it has a tremendous impact on the community.
I'd like everyone who's here representing a United member
agency, representing United Way, or a volunteer of Pub Ii x to please
stand.
(Applause.)
MR. BRETZMANN: Each one of our 29 member agencies will
receive a portion of the Publix contribution, which was slightly over
$600,000 this year.
And Publix, you have such tremendous positive impact in our
community. Thank you.
(Applause.)
CHAIRMAN COYLE: Thank you.
MR. OCHS: Mr. Chairman, you wanted to get a photo with
these --
CHAIRMAN COYLE: Yes. I'd like to get all the students for
government days here.
MR. OCHS: Just come up front, please.
CHAIRMAN COYLE: Come up here and line up here and face
the audience. We'll get copies to each of you. Maybe the taller
people in the rear would be helpful.
COMMISSIONER HALAS: Tall ones in the rear.
MR. MUDD: Come on, let's smile.
CHAIRMAN COYLE: Thank you very much.
Now, County Manager, can we make enough copies of those
pictures to make sure each student gets a copy?
Page 33
April 26, 2005
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Okay, good. Thank you very much.
COMMISSIONER HALAS: Same with that soccer team, too.
County Manager, why don't we do that also with the soccer team,
make sure that each one of the boys can get one of the pictures.
MR. MUDD: Yes, sir.
COMMISSIONER FIALA: That's a good idea.
COMMISSIONER COLETTA: You might want to make it
available on the county website so that they can go into it and
download the pictures and send them to their relatives.
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: Boy, we gave him enough to do
for a week, you know that. And of course you could personally
autograph each one of them. That would be very nice, Mr. Mudd.
Item #5A
RECOGNIZING PATRICIA CLEMENS, SPECIAL NEEDS
TECHNICIAN, BUREAU OF EMERGENCY SERVICES, AS
EMPLOYEE OF THE MONTH FOR APRIL. 2005 - RECOGNIZED
MR.OCHS: Mr. Chairman, the next item is item 5A,
presentations. This is a recommendation to recognize Patricia
Clemens, special needs technician, Bureau of Emergency Services, as
employee of the month for April 2005. If Patti could come forward.
CHAIRMAN COYLE: Okay. And you have a proclamation to
read?
MR. OCHS: Yeah. I'm going to tell you a little bit about why
Patti is so deserving.
CHAIRMAN COYLE: Okay, good.
MR.OCHS: There is no one more deserving of this prestigious
award than Patti Clemens. Her extraordinary everyday efforts and her
Page 34
--~."-' -,-,,_..<._-~--<,-_."'--"-
April 26, 2005
unequaled expertise in ensuring the well-being and safety of over
1,400 patients with special needs during last year's hurricane season
truly lived up to Collier County's mission statement of exceeding
expectations.
During hurricanes Charley, Frances, and Ivan, she worked
virtually around the clock, an average 17 hours per day for 53 days,
communicating with, finding suitable safe havens for, and transporting
these patients to appropriate shelters.
Patti arranged and coordinated transportation for over 200
patients and ensured a smooth, and somewhat painless, transition for
our citizens in need.
Her amazing efforts continued throughout these times of crises,
and she always performed at her best under intense pressure.
Patti is also very generous with her time and enhances
community relations by going out in the community to give briefings
to hospitals and nursing homes, provide guidance on how to develop
their own disaster safety plans. Many of these visits are accomplished
on her own personal time.
Patti Clemens' untiring work ethic, in-depth job knowledge,
people skills, and community spirit has always been a very valuable
asset to the Bureau of Emergency Services and Collier County
government, and, indeed, to the entire community.
Mr. Chairman, members of the board, it's a great honor to
recommend Patricia Clemens as employee of the month for April
2005.
(Applause.)
CHAIRMAN COYLE: Thank you, Patricia.
We have a time-certain item, I believe, at 10 o'clock.
MR. OCHS: Mr. Chairman, I would suggest, with the board's
indulgence, we try to do public petition and allow that citizen -- so
they don't have to stay, because we've got two time certain items back
to back after that.
Page 35
April 26, 2005
CHAIRMAN COYLE: Okay, very well.
Item #6A
PUBLIC PETITION REQUEST BY P.l NOE TO DISCUSS A
SUGGESTION REGARDING CHILD ENDANGERMENT,
ANIMAL ABUSE, PROPERTY DEPRECIATION AND SHERIFF
DON HUNTER'S DEPUTY EXPENSES - NOISE ORDINANCE
TO BE BROUGHT BACK FOR AMENDMENTS OR REVISIONS
- CONSENSUS
MR. OCHS: That would take us to item 6, public petition. This
is a public petition request by Ms. P.J. N oe to discuss suggestions
regarding child endangerment, animal abuse, property depreciation,
and Sheriff Don Hunter's deputy expenses. Ms. Noe?
MS. NOE: This is one of the children -- this is one of the
children that I wanted to talk about today, okay? He's brand new.
He's like two months old.
Thanks for letting me speak. And first I want to apologize,
because I am not a public speaker or skilled -- oh, thank you. I don't
know what I'm doing, okay, and I'm real nervous.
CHAIRMAN COYLE: Well, some people would say we don't
either. So don't let that bother you.
MS. NOE: Well, it seems like you're doing pretty good today.
And that's why I'd like to apologize, because I'm not a public speaker,
and I'm not skilled at all on the subject I want to bring up. I would
like my observations and research to be considered in spite of my
. .
Inexpenence.
I came here today to tell you about some observations I've made
in the past few weeks at job sites where I've worked every district you
represent, particularly the lower income areas.
On Rose Avenue, which is off Thomasson Drive, a neighboring
Page 36
April 26, 2005
lady had just had her first child. This is William.
Now, as the parents are getting out of the car with William on his
first day home, the scene was adorable. The grandfather shot more
film of William than's been used in the whole Iraqi War. It was an
exceptional moment, even for those of us watching from the nearby
yards.
And in the background on that really beautiful day was the
ever-present low frequency beating bass notes of those car stereo
systems pounding out the daily beat for that neighborhood. This goes
on in that neighborhood at any hour, and many other neighborhoods,
of the day, but evenings, just when you want to recover from a day's
work in life's un -- life's necessary stresses, it's the worst with the bass
notes pounding through the walls of the houses.
I know because on this job site, I tried to use my personal CD
player with the headphones as loudly as I could stand it to try to
drown out the vibrations caused by these low frequency bass tones,
and it can't be done.
I asked Michelle Crowley of your -- of the Collier County
government for advice. Seems that sounds such as these booming
bass notes don't fall into a category enforceable due to their not being
sustained for one or more minutes.
Pulsating noises, especially low frequency sounds, are just as
disturbing to the peace as are sustained sounds, possibly more so.
A couple of these stereo systems near my own home, several
miles from Rose Avenue, are 1,100 feet from my house behind two
structures. With AC on and windows closed, their bass notes can be
felt and not ignored in my own home. Sometimes they go on until
four a.m.
One night I called deputies four times. That cost property
taxpayers, I found out yesterday from Ms. Golightly's office, that's
$130 a trip. I re -- that's if they don't do anything and just say, your
neighbors are complaining. These people should be made to pay those
Page 37
April 26, 2005
deputy trips.
There's a lot more to this issue than mere annoyance. At this
particular job site there was a total of eight small children living in
nearby homes. This is a pretty normal neighborhood in East Naples of
beautiful little kids that deserve the best in life live there.
One especially pretty little girl has a little brother, and she has a
brand new puppy. From inside the house where I'm working with
closed windows and the AC running, I can feel the distracting
thumping of these stereos across the street, and they're down one
house. Unfortunately, that's the duplex where the little girl with the
new puppy lives.
I'm annoyed and angry because I have to hear those sounds all
day long while I'm working. These guys can run these stereo systems
for hours. I can't even imagine what it would be like to live at her
duplex with only the wall to separate them.
Her father comes home, and I hear him tell the neighbor next
door he hates the booming music of his duplex partner. So to retaliate
he starts up his music louder than the other fellow, and so it goes.
The aggression then turns into kind of a noise war, and then a
few others down at the other end of Rose Avenue and on Thomasson
start up their boom stereo systems. This is not one a day or one-hour
event. I went there every day for weeks. There was not one day, not
one, that was free from the assault of these low frequency sounds for
more than a few hours.
None of these sounds are necessary to work, the maintenance,
building, or improvement of a property. And these aren't
multi-million-dollar homes, I guarantee you, but there are people over
there on Rose and Thomasson and all the other similar streets -- it's
pretty much the same in the Manor -- that love their homes and
families and are trying to give them the best lives possible. They
deserve protection from this electronic home invasion.
Yes, deputies were called, but that's a bit of a joke, and that's
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~_... ---,--"~-,---
April 26, 2005
nothing to do with Donny Hunter's people. They do a stellar job. I
called them myself a few times when we just couldn't take it anymore.
After six or seven hours, you'd call them, too.
Deputies would come. But as the dispatcher and deputies told us,
they will just turn it up when we leave. Well, they were correct. You
would laugh if you saw how quiet it gets when a deputy's car drive
down the street, and as soon as he leaves, back comes the horrible
thumping. There should be unmarked cars used for noise complaints.
That's without a doubt.
One deputy said when he worked in Ohio, if you continued your
loud music and deputies were called, they confiscated the offending
device. One city has the offending car with its stereo system towed.
The owner must pay a fine and the towing charge. That would send
most of them speeding out to purchase a $35 set of headphones to go
with their thousand-dollar stereo systems.
It doesn't seem that the current ordinance can help Hunter's
people or the taxpayer. This problem is definitely detrimental to
property values.
Deputies can easily ascertain between sounds required for work,
building, and maintenance from noise made for attention and
dominance over a neighborhood.
And by the way, did you know that the loud bass music is
considered the calling card of the local drug dealers in many cities?
That's how those seeking drugs know where to find the source. I'm so
silly, I didn't even know that.
The ordinance just doesn't have enough force to cover the
magnitude of today's electronic devices or the attitude of those who
use them. In Collier County, nothing can be done for the pulsating
noise from 10 a.m. to 10 p.m. due to the sustained clause and the set
noise and vibration levels.
There's plenty of evidence that low frequency sounds below the
60-decibellevel -- and that's our county's level -- adversely affects the
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April 26, 2005
health and well-being of humans. There are already other cities
lowering their noise levels to 45 decibels.
Honolulu bans the vibration in music noise to 30 feet of its
source.
There are lots of people who live in and want to enjoy their
homes and properties between 10 a.m. and 10 p.m. Life is hard
enough. Unnecessary stress from unnecessary nuisance noise should
have high fines and not be tolerated at any time in Collier County.
Ms. Crowley from your office gave me the name of Steve Weiss.
He works in this field, and here's what he said about it. Loud noises
from outside cause houses to vibrate, windows especially . You could
say it's a vibration problem, but it is really noise transmission that is
made worse by accompanying vibration responses.
The main reason why it sometimes sounds worse inside the house
even when the music source is outside is because when the sound
enters the home, it reverberates and resonates by reflecting off the
walls and any hard surface you have in your home.
I found out these home and stereo systems are equipped with
subwoofers. That's what produces sub-bass low frequencies that cause
the punch to those bass notes. Subwoofers are made to produce only
the lowest frequency. Low bass frequencies have a really long
wavelength, which makes them unable to be located easily, and that's
what you makes you search your rear-view and side mirrors in an
effort to pinpoint where that booming sound is originating when
you're stopped at a stop light, and we all do that.
That low frequency sound triggers a flight-or- fight response.
You cannot help it; it just happens. That response is what causes the
uncontrollable anxious feeling and makes you want to get away from
it. The more powerful subwoofers can cover thousands of feet. Some
subwoofers have been used to generate up to 175 decibels in car stereo
competitions. I didn't even know they had that. The loudest sound
possible on Earth is 194.
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April 26, 2005
Persistent, infrasonic sound, and that is the word for low
frequency sound, causes physical disturbances to people. Controlled
scientific studies over 30 years old leave no doubt that intense low
frequency hurts fish and damages fisheries, and they knew that 30
years ago.
Even sounds you can't hear but you still feel -- and this is what
was happening to me that day -- as in the bass notes driving through
the walls of a home have a powerful effect on your nervous system.
One example of the traveling capabilities of the low frequency
roar -- is the low frequency roar of a tiger. A tiger's intimidating roar
has the power to paralyze animals. Even experienced human trainers
are stunned. This is reported by a bio-acoustical researcher from
Fauna Communications Research in North Carolina.
The shocking power of a tiger's roar is one example of how
humans react to a sound they cannot detect with their ears. These
unheard low-pitched, low-frequency sounds can travel long distance
permeating buildings, cutting through dense forests, and even passing
through mountains.
This is exactly why the bombarding bass notes mechanically
produced by stereo systems are so debilitating to any neighborhood.
According to the Franklin Institute, chronic low-level noise at
any time of day negatively influences the brain and behavior. This
causes a feeling --
CHAIRMAN COYLE: Ms. Noe, could you wrap it up pretty
quickly, please?
MS. NOE: This causes a feeling of helplessness from
homeowners and tenants alike who have no alternatives and no way to
escape the intrusion and affects of low- frequency sounds.
One booming stereo with its low-frequency subwoofers can
easily affect every home in a subdivision.
CHAIRMAN COYLE: Ms. Noe? Ms. Noe? Ms. Noe, I'm up
here.
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April 26, 2005
MS. NOE: Oh, I'm sorry.
CHAIRMAN COYLE: The time has expired.
MS. NOE: I'm sorry.
CHAIRMAN COYLE: I think we've gotten your point --
MS. NOE: I will --
CHAIRMAN COYLE: -- that you don't like low frequency
sound.
MS. NOE: Okay.
CHAIRMAN COYLE: And one of the things--
MS. NOE: I don't think I'm alone in that. Ordinance should ban
the --
CHAIRMAN COYLE: You're not. I don't like it either.
MS. NOE: Well, the only thing that I would like to do is draw
attention to, that there are children in these homes in these
lower-income neighborhoods, and they are being bombarded by this
daily at all hours. Ten a.m. to 10 p.m. doesn't mean a thing. And the
levels and the vibration also have to be considered.
And the ordinance says that they're here to protect. And all these
kids -- the learning -- they have -- this can cause learning disabilities.
CHAIRMAN COYLE: All right. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Ms. Noe, I really do
appreciate you bringing this forward. You know, this has been -- I
heard -- every one of us commissioners have heard this very same
thing many times in the past. And I'll be honest with you, I don't think
we've really done anything. I keep hearing one thing's taken place,
this has taken place. I think there's a limit to our ordinance that
presently exists. We've got to change the code. That's all there is to it.
MS. NOE: Well, the ordinance needs to be brought up to date,
sir, with the electronic devices that are being used.
COMMISSIONER COLETTA: Ma'am, I agree with you. As
one commissioner, I'd like to see us look into that and have this
brought back at some point where we can move it forward for a land
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April 26, 2005
development code or for just plain codes. We've got to be able to have
an enforcement arm in here. We've got to be able to identify what the
problem is.
They drive me absolutely crazy, and I've got a hearing loss. And
I can't stand it when they start going with this loud blaring music and
it starts vibrating off the inside of the car or in the house. And they're
two blocks away and you can still hear it.
MS. NOE: If I -- oh, you can be further than two blocks. But if I
can just say, what is happening -- if you just want to know what's
happening, when you hear a loud vibration or a loud sound, the
muscles -- the muscles in your ear actually twist the bones in there,
and that's what causes the anxiety.
CHAIRMAN COYLE: And that's why he has a hearing loss--
COMMISSIONER COLETTA: Huh?
CHAIRMAN COYLE: -- because he had one of these in his car.
But you've -- I think you've got at least three commissioners on this
board who will agree to have this brought back and ask staff to bring
us some solutions.
I, quite frankly, would like to ban those things throughout Collier
County.
MS. NOE: Other cities have; other cities have.
CHAIRMAN COYLE: But -- and I'd like to explore that.
Commissioner Halas?
COMMISSIONER HALAS: I was just going to say that --
before you went on and said that we want to have staff look into this, I
was just going to agree with you.
CHAIRMAN COYLE: Okay. Are there three nods?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: I think we've got more than three nods,
okay. We--
MS. NOE: I didn't expect you to do that. I'm very pleased. I
hope you make it so, because this is really detrimental to these little
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April 26, 2005
kids in these homes.
CHAIRMAN COYLE: Understand. Thank you very much.
COMMISSIONER COLETTA: Great presentation.
MS. NOE: Thank you.
Item #10B
THREE (3) FUNDING AGREEMENTS WITH THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT FOR A TOTAL
AMOUNT OF $990,000.00 PROVIDING ASSISTANCE WITH
DESIGN AND CONSTRUCTION OF FOUR (4) STORMWATER
IMPROVEMENT PROJECTS - APPROVED
MR.OCHS: Mr. Chairman, you have a 10 o'clock--
CHAIRMAN COYLE: Time certain.
MR. OCHS: -- time certain. It's item lOB. That is a
recommendation to approve three funding agreements with the South
Florida Water Management District for a total amount of $990,000,
providing assistance with design and construction of four stormwater
improvement projects. And Mr. Ricardo Valera, your stormwater
director, will present.
MR. VALERA: Good morning. Ricardo Valera, director of
stormwater, for the record.
And I'm here today to introduce some colleagues from the South
Florida Water Management District who are here to honor us with
their presence, and they bring a wonderful grant gift for the
stormwater utility effort.
And we're very -- we're very happy to have you. Welcome. And
with this said, I'm going to turn over the floor to Pam, who is going to
begin the presentation, and Alice Carlson, who's a board member. So
thank you very much for being here, and I'll flip the slides.
MS. CARLSON: Thank you, okay. And good morning, Mr.
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April 26, 2005
Chairman, and fellow commissioners. Thank you for allowing us time
on your busy, busy agenda this morning.
My name is Alice Carlson, and I'm honored to represent Collier
County and Southwest Florida as a recently appointed member of
South Florida Water Management District Governing Board.
In this new role, I recognize that I have much to offer, but I also
have much to learn. I can do this best by listening and absorbing as
much as I can about both regional and local issues, and then bring
those issues and concerns back to -- on your behalf, back to the district
staff, the governing board, and the Big Cypress Basin Board.
As a board member representing Southwest Florida, I want to
assure you that I am committed to serving the county's needs,
improving communications, and working together to build strong
relationships and continue to partner with Collier County to further
our mutual water and natural resource goals of the county and the
district.
I'm very, very excited today to be here with members of the
district staff to present you with $990,000 of state initiative money to
support a few of the county's stormwater projects.
MS. MAC'KlE: Shall we go give the check?
MS. CARLSON: Yes, together.
MS. MAC'KIE: Just a small check. So there you go. Thank
you.
CHAIRMAN COYLE: Is that it? Good. Thank you very much.
(Applause.)
MS. MAC'KIE: Can I say a few words?
CHAIRMAN COYLE: Sure you can. With that much money,
you can have three minutes.
MS. MAC'KIE: We just wanted to take the opportunity to tell
you -- I'm Pam Mac'kie, I'm sorry -- for the record, and it's nice to be
home. We wanted to tell you --
CHAIRMAN COYLE: Former Collier County Commissioner.
Page 45
April 26, 2005
MS. MAC'KIE: Former commissioner--
COMMISSIONER COLETTA: Graduate.
MS. MAC'KIE: -- and still county -- Collier County lover. I
love home.
But I do -- and on that note, I want to tell you some of the great
things that we are able to do now in partnership with Collier County. I
want to recognize Ricardo and to point out to you that that employee
stealing road goes both ways apparently. You guys, Ricardo was an
employee of the district, and, boy, is he a good one. So you got a
really good one from us. We -- it's been a good thing.
MR. MUDD: Well, you took two of ours, and we took one back,
ma'am.
MS. MAC'KIE: Yeah, I know. We're due one more maybe. I
hope not.
But I do, just very quickly, want to run through some of the
projects that we are doing. Oh, that's not the right button. There you
go.
As a result of the initiatives that we have started now for Collier
and Lee County, we are going forward to the legislature every year,
and we have requests in this year, as you know, for initiative funding
that gives us some money that we can use to partner with the counties
on important local government projects, stormwater improvement and
water quality improvement, and all of those places where our missions
overlap.
And as you know, last year for Collier County, we got a little
over $2 and a half million, and we are here today to spend a million of
that. And I'd like to tell you what we're doing with the rest of it.
So there on this little chart in front of you is the explanation of
what we're doing with the rest of the money. The first $990,000 there
for stormwater improvement proj ects are the proj ects that we're
partnering with you today.
We want you to know that we're also partnering with others, with
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April 26, 2005
Florida Gulf Coast University, with the City of Naples, and with other
local partners to do work to enhance, improve, correct some of the
problems that we have in Naples Bay.
And that little map there is to show you what is the basin that
runs off into the Naples Bay. And sometimes we think of Naples Bay
as just a city issue, but the improvements that we're partnering with
today, some of them will very significantly provide benefits to the
Naples Bay because the water comes, of course, from upstream.
The proj ects that we are partnering on today are listed there, and
I am so proud of them. The Gordon River Water Quality Park. If you
haven't had -- and you probably have but if you haven't had a real
public presentation on that project, I would urge you to. This is a--
maybe, you know, in the country, but certainly in Florida -- an
absolute stellar, cutting edge, the way we ought to be doing
stormwater projects, because it's going to provide a lot of amenities.
It's going to provide the usual flood and water quality benefits,
but this one is also going to be beautiful and it's going to provide
recreation amenities, and it's going to be -- it's really stellar, cutting
edge stuff, and I just so commend you, and we're thrilled to get to be
partners on something as exciting as that project.
CHAIRMAN COYLE: Pam, let's tell people where that is
located.
MS. MAC'KIE: I would probably need Ricardo to do that. He
could do a better job.
MR. MUDD: That's the old -- that's the Fleischmann property
that's on the northeastern corner of Goodlette-Frank and Golden Gate
Parkway right behind the bank.
MR. VALERA: That is correct.
CHAIRMAN COYLE: It's the property that the county recently
purchased, and it is going to be turned into a beautiful park and water
retention, water quality facility.
MR. MUDD: Fifty acres.
Page 47
April 26, 2005
MS. MAC'KIE: And I remember when I was here, and Mr.
Mudd was here, it was one of the things he started talking about that,
you know, as we do stormwater retention and detention, it doesn't
have to just be this ugly hole with a cyclone fence around it. We can
make it into a community amenity. And under his leadership, you are
now starting to do that, and we want in on the bandwagon on this one.
This is a great one, so we're glad to be a partner in it.
The other project is one that Commissioner Fiala will remember
our working on together, and that's the Gateway Triangle, and how
essential it is that we provide some flood relief, and the concomitant
water quality benefits that go along with this that, this project will be
in Gateway Triangle.
Oh, let me pause and let you see this picture on the overhead
there of the Gordon River Water Quality Park. You guys, that's what
you're doing instead of the usual, you know, stormwater hole in the
ground with a fence around it. Look at the amenities associated with
that, and it provides more benefits than the old-fashioned kind of
water -- stormwater and flood retention protection.
COMMISSIONER FIALA: You mentioned some kind of a
presentation on it. I'd love to do that at some point in time.
MS. MAC'KIE: I'd urge you to, because this is cutting edge stuff
you guys are doing, and you really should be proud of it, and I know
you are.
So some of our money today is going towards some flood
protection and water quality protection in the Gordon -- I'm sorry -- in
the Gateway Triangle, and some of it is also going to these two
projects that are listed there on the bottom. I don't -- I think this is
your district, Commissioner Coyle.
These neighborhoods between U.S. 41 and Goodlette Road that
are still on septic and have some flooding problems, and then that
water flows into Naples Bay . You can imagine that flooding in an
area with septic is a particularly bad runoff problem into the bay, so
Page 48
April 26, 2005
we're providing some benefits that will help attenuate that flow and
reduce the negative impacts into Naples Bay.
The other thing that we want you to know that we're partnering
on is -- we call it the Big Cypress Basin initiative, but as we know
that's the Collier County -- it just basically means the money we get
for this initiative can be spent on water proj ects within Collier County.
And these are the lists of what we're doing with this year's
money. A restoration project in Camp Keais Strand for exotic
removals. The lygodium. If you haven't heard of them, you will. It's a
nasty, nasty plant that basically comes in and squashes the tree islands
and weighs them down. It's a new invasive exotic that is worse than
any of the others, lygodium. Also called Old Wodd Climbing Fern,
and we've recently released a moth over on this coast that we hope
will be its natural enemy.
But this is $200,000 worth of restoration there in Camp Keais
Strand in partnership with the Soil and Water Conservation District.
We're also doing this hydrologic reconnaissance report we're
partnering. You guys are doing some of this work and we're doing
some to try to get some hydrologic data out in the eastern part of the
county, where so much growth is coming, to be able to have some
base line to measure against.
And then you -- I hope you've been to -- if you haven't, I'd urge
you to go to the Bird Rookery Swamp Tramway out associated with
the CREW project. It's a beautiful project out in the eastern part of the
county that allows for some bird watching, and it's lovely -- it's a
lovely project.
Also in CREW, some lygodium control, and the Okaloacoochee
Slough, a pasture restoration program.
So my last two slides are really just to point out to you the places
where our missions overlap and where we will be looking for future
partnering opportunities.
If you have projects where their key benefits are water quality
Page 49
,-"- ^----~,
April 26, 2005
improvement, flood mitigation, habitat enhancement, those are our
missions too, so we might be able to partner on proj ects in the future
that have those as their key benefits.
If a project's purpose is ground water recharge or -- and there also
are some passive recreational opportunities and restoration of
flow-ways, here's an example of one -- where is this -- that --let me
see where this is -- this is in the Corkscrew Swamp area. This is a
project we've already done where you can see the before and after
where the -- you know, if you plug up those old canals in a farm field,
how the natural flows and vegetation return.
The last thing I want to do is just list -- and I won't read them --
but the partners and stakeholders that we've been working with in all
of these projects, and just to thank them for their willingness to work
with us and to thank you for your willingness to partner with us, and
in this case, really, most of all, to thank our legislative delegation for
their support of these initiatives.
And as we continue to use this money really wisely, to build
stuff, not just to talk about things, not just to study them and the ones
that you're doing today are in-the-ground projects that our delegation
will be proud to have been associated with. As we continue to do
those, I think we'll continue to get their support in the legislature and
get these initiatives funded every year, and we'll be back with big
checks.
CHAIRMAN COYLE: Good.
MS. MAC'KIE: Thank you so much.
CHAIRMAN COYLE: Keep those big checks coming, Pam.
And I really would like to thank you personally and the South Florida
Water Management District for your support and assistance in these
very, very important projects.
MS. MAC'KIE: Glad to do it. Thank you so much.
CHAIRMAN COYLE: Thanks a lot.
(Applause.)
Page 50
April 26, 2005
CHAIRMAN COYLE: We're going to take a 10-minute break
now, please.
MR.OCHS: Could we get a motion to adopt staffs
recommendation?
CHAIRMAN COYLE: Yes.
COMMISSIONER HALAS: I make a motion for approval.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas for
approval, Commissioner Coletta, second.
All in favor -- is there 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.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It carries unanimously.
Now we can take a 10-minute break. Okay. Thank you very
much.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Again, ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
COMMISSIONER HALAS: Thank you. The next item is a time
certain, and I believe it's 10D.
Item #10D
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April 26, 2005
APPROVAL AND AUTHORIZING 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 $7,800,000 IN RIGHT OF WAY
AND OTHER SUBSTANTIAL CONSIDERATIONS-
APPROVED W/CHANGES
MR.OCHS: Yes, sir, it's 10D. This item is continued from the
April 12th, 2005, BCC meeting. Recommendation to approve and
authorize the chairman to sign, number one, an interlocal agreement
with the board of supervisors of the Ave Maria stewardship
community district whereby Collier County agrees to reserve for the
district sufficient capacity on Collier County's public road facilities to
complete the buildout of the town of Ave Maria;
And number two, to authorize the 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 $7,800,000 in right-of-way and other substantial
considerations, and Mr. Norm Feder, transportation administrator will
present.
MR. FEDER: Commissioners, again, for the record, Norman
Feder, transportation administrator.
Page 52
April 26, 2005
I'll be very brief. We went through a presentation on this on the
last board meeting. What I'd like to do is just refresh your memory.
First of all, you have two documents which now, hopefully, you've
had the time to fully digest.
The first is an interlocal agreement with the special district, the
stewardship district. That interlocal provides for reservations of
rights-of-way to the district. That reservation is contingent upon the
implementation of Ave Maria and the town Ave Maria.
And as they come forward with site plans, pay their 50 percent of
impact fees at that time, then that reservation is turned into a vesting
for those particular trips, and we move from the reservation area.
This is pretty much done when we have, by our land
development code, provisions for development to move forward, since
it takes some time from beginning to end of process, that once they
have developed a transportation impact statement, which we receive,
at that time we reserve the capacity subject to them moving through
the rest of the process.
And it's also needed, given that we're talking a number of years
for buildout, and to bring this proj ect board forward.
Also you have, as a second item that you've had a chance to
remove now, is the developer contribution agreement. And in that I
will just hit some of the key points. You're talking about $20 million
worth of commitments that are not impact fee credible. Essentially
the right-of-way, as mentioned, about 156 acres over 13 miles of
frontage on Oil Well, then up Camp Keais, and then up Immokalee.
Basically that is shown here on the graphic.
You've got a 200- foot right-of-way total that will be provided.
We have essentially -- although it's a little bit more and a little less in
areas, about 100 feet of right-of-way today, so this will bring you the
200- foot corridor throughout uniformly on Oil Well, as well up Camp
Keais, and then on Immokalee into the urban area of Immokalee itself.
So about 156 acres of right-of-way being provided with no impact fee
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April 26, 2005
credit.
Additionally, they're going to be providing for three acres for the
assumption of stormwater for the project, which will be the equivalent
of about three acres per mile, which is just under 40 acres for
stormwater for the future six-lane cross-section;
Traffic signals, total at their cost, not proportional, and then the
last being fill. And I need to point out in the executive summary last
time we had showed fill coming for Oil Well, Camp Keais, and
Immokalee, and really that was incorrect. The agreements had it for
Oil Well and Camp Keais.
I want to make sure that although the executive summary still
isn't as clear as I'd like in this area, that you understand that that fill is
being provided at their cost, and fill of quality for what is needed for
the roadway improvement, provided on site, therefore without the
travel costs and without the moving it through neighborhoods, is going
to be provided for Oil Well and for Camp Keais Road and for the
ultimate six-lane cross-section, not for a four-lane section.
MR. MUDD: Okay. Mr. Chairman, I'd like to make one
correction to what Norman said. Norman said at their cost. It's,
they're going to provide the fill to us at cost.
MR. FEDER: At their cost.
MR. MUDD: Okay. Which we believe is going to be around
three dollars and some odd cents per cubic yard. Going rate right now
is around six bucks, and it looks like it's going to be going higher than
that in the near future, so it's a pretty significant contribution.
CHAIRMAN COYLE: Okay, thank you.
MR. FEDER: That is estimated to be about 10 million worth of
saving doing the volume of fill that will be required.
The developer also in the contribution agreement has agreed that
they will go out and design all of Oil Well from Camp Keais over to
Immokalee Road. That is an item in which they will get impact fee
credits. Of everything I've said, that is the only area where they are
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April 26, 2005
getting impact fee credits. That's estimated to be roughly six million.
Once we get the contractor onboard, we'll get a definitive estimate, but
that will be based on impact fee credits.
But what they've also provided for in the agreement is that until
they have generated -- and they assume that to be about 2007 -- six
and a half million worth of impact fees, that they won't pursue any
reimbursement on that six million design. And then after that six and
a half million has been paid in, they will pursue credit at one dollar for
every two dollars basis so that it doesn't then pull away the income
stream needed to move forward on the proj ect.
We have agreed on our end of this agreement to move forward on
the construction of Oil Well. We had looked at and we're planning --
as you know we're doing all of Immokalee Road in three different
projects all the way out to just north of Oil Well.
Oil Well, Camp Keais, and Immokalee is the desired access point
to get that good connection between Naples and Immokalee, so we
had planned on moving on this anyway. What this does do though is
accelerate our schedule, and what we've agreed to here is that we
would move on both the western portion from Immokalee over to
essentially Everglades in 2007, and at the same time work the other
end over in front of what would be Ave Maria from Camp Keais on
over to about Camp Keais Strand also in 2007.
So both ends would be under construction in 2007, and then the
middle section, which represents about half the cost of the project, will
be dependent upon the receipt of impact fees both from Ave Maria
and other development of that area in that district or in the adjacent
district, but is anticipated to be 2009/2010 to move on that middle
section.
The other thing I'll point out to you is while the overall cost is
about 52 million estimated, the impact fees to be acquired solely from
Ave Maria's about 62 and a half million. That's also noted in the
write-up, but it's over a period of time, so we are accelerating faster
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April 26, 2005
than their impact fees will come in, but they're required to provide
them consistent with the land development code with each site plan,
50 percent up front, and then 50 percent within three years. So it's
pretty much standard to the normal provisions.
With that, I'll open up to questions. I have Jeff Klatzkow, your
county attorney, that's worked on this, as well as the developer's
representative, and between the three of us, hopefully can answer any
questions you have.
CHAIRMAN COYLE: Any questions? Commissioner Fiala?
COMMISSIONER FIALA: Yes. I would really like to see us
able to buy that fill at cost for the Immokalee Road area as well. I
think that's really necessary, the impact to the whole area. The fill is
important to us, and I think we've worked very, very hard with them,
and I'm sure they want to work with us, and I would like to see that
added back in.
MR. FEDER: I know in our debates, in our discussions, we
didn't have that, and what I will do is defer to the developer's
representative to respond to that, I guess.
COMMISSIONER FIALA: Okay.
MR. FEDER: George?
COMMISSIONER COLETTA: After George's speaks, if I may.
COMMISSIONER FIALA: Oh, sure.
CHAIRMAN COYLE: Yep.
MR. VARNADOE: For the record, George Varnadoe. I'd like to
hear all the questions and concerns, because our pockets are empty, or
almost so, and I'd like to hear any other concerns before I respond to
that.
COMMISSIONER FIALA: We'd still be paying for it though. I
mean, we're not asking for a donation. We just wanted to pay cost.
MR. VARNADOE: Well, it is a donation, Commissioner Fiala,
because you're getting the land for free. So when we take the -- we
donate land for the fill to come off of, it does have a value. And once
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April 26, 2005
we have provided -- the only thing you're paying for is a cost of
removal and permitting; in other words, our out-of-pocket costs.
But we are, in effect, donating the land. And the fill for Oil Well
and Camp Keais Road is now a six-lane cross-section as opposed to a
four-lane, and that's going to take 60 some plus acres of land to
provide that fill so it is a donation, okay. So I'd like to hear other
concerns, and then, perhaps, we can come back and address them all,
if that would be satisfactory to you.
COMMISSIONER FIALA: Fine.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: I appreciate that, because we
always want to try to benefit the county and the taxpayers of the
county as much as possible; however, in this case, we have gone to
great lengths to secure all sorts of concessions from them.
And if I may go down through the list: Seven million eight
hundred in donated right-of-way; 1,950,000 in stormwater acreage; six
million in design and permitting; and $10 million in fill at cost, and
the savings it would be on it. So we've got a total of $25,750,000 that
they're coming forward with to make this all happen.
Now -- and I agree with you. There is a real concern. What are
we going to do when Camp Keais (sic) is four-laned and we have the
road from Camp Keais to Immokalee. And believe me, you know this
has been one of my passions for just about forever. I mean, I'm
willing to go to any extreme to make sure it gets built.
We have so many positive things happening in the Immokalee
area now because of the action of this commission with all the
economic incentives and the putting off of the impact fees for low-cost
housing. There's a tremendous amount of incentives, and they're on
the verge of a building boom.
We're going to be generating tremendous income. We have the
Colliers. We have a number of other people who are going to be
coming forward very shortly with all sorts of PUD requests, and that's
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April 26, 2005
where we're going to find the remainder of Immokalee Road.
And I'm sure we're going to find it's going to be one continuous
thing when they start to build it. And when they reach the end of
Camp Keais, that there will be a new agreement that we made,
interlocal agreement with the new parties coming forward that will
take it right into Immokalee.
And I don't want to overburden Ave Maria with that last little
chunk of it, because it's to their best interest the road gets built, and
I'm sure we're going to see that through the economic incentives and
all the new PUDs that are on the horizon, that we're going be able to
fill that one little last link without any difficulty at all.
CHAIRMAN COYLE: We'll go to Commissioner Halas, and
then keep your light on, because we're going to come back to you and
get your question answered, okay?
Commissioner Halas?
COMMISSIONER HALAS: Commissioner Fiala, did she
address all of her concerns?
CHAIRMAN COYLE: No. We agreed that we would ask all the
questions so that the petition would understand how many issues he
has to address at one time.
COMMISSIONER HALAS: I appreciate everything that -- the
course of negotiations between the county and Ave Maria.
My biggest concern is that we have an awful lot of development
that's going to take place out there, and I'd like to see in the motion
that we reserve only the capacity for Ave Maria for what they claim is
going to be their buildout to 2020, I believe it is, and I'd like to see
that we reserve the capacity only for the 23,000 residents that are
going to be there, and then we won't reserve any more capacity on that
road. And I think that's about 23,000. Am I correct, George, 23,000,
24,000?
MR. VARNADOE: I think our -- I went back and looked at the
DRI very quickly, I made a phone call, and it was 24,200 was the DR!
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April 26, 2005
proj ected buildout.
And if I can, Commissioner Halas, the problem with that is
obviously you reserve capacity for number of units, commercial
square footage, the university according to number of students, and for
office square footage.
We don't really -- as I understand it from Norm, you don't really
reserve capacity for the number of people who are going to be living
there. I don't mind putting in the agreement that our estimated buildout
population from the 11,000 units is 24,200. I have no problem with
that, but I don't know how you turn that into a reservation of capacity,
SIr.
COMMISSIONER HALAS: Well, I'm concerned because I
know we have an awful lot of other development that's going to be
coming out in that area. And as you know presently we're in the
process of trying to six -lane Immokalee Road. And I'm just concerned
that once we six-lane Immokalee Road, then we're going to exceed the
capacity at some point in time.
So I'm looking that we reserve the capacity for 23,000 or 24,000
people, and then we have to figure out -- because we have to make
sure that other people, when they come forward, that there's some
capacity of some kind left unless, of course, we can find another
avenue for moving people out in that direction.
As you know, we have a tremendous problem at this point in
time. And I think that's a fair assessment of 23,000 or 24,000 people,
and I would like to see that it -- if my other commissioners agree, that
we put that in a motion.
CHAIRMAN COYLE: Let me try to resolve what might be a
difference in interpretation here concerning that.
Commissioner Halas wants to make sure that we reserve the
capacity on the roads for what it is you're going to be building, and
you're willing to do that in accordance with our current calculations as
to traffic impacts. I think you said that.
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April 26, 2005
What your concern is, that you don't want to restrict it to 23,000
people because we don't use people for the purpose of calculating the
road impacts. We use the structures to calculate the impact. But
you're willing to stipulate that we would maintain the road capacity
for you to build X number of single- family homes or multifamily
homes and commercial and retail facilities that would generate a
predictable traffic impact, and we then would reserve that amount of
traffic impact on the roads. Is that -- is that essentially what we're
saying here?
MR. VARNADOE: And that's what the agreement says. And I
think -- and I don't have any problem with saying the projected
buildout of the 11,000 units population-wise is 24,200, or whatever
the DRI says. I just don't know how we turn that into a stipulation in
the agreement, that was my only comment.
CHAIRMAN COYLE: But you're willing to stipulate that we'll
limit the reservation on the roads to the 11,000 units and the
population that those 11,000 units will generate under our normal
impact -- traffic impact calculations; is that correct?
MR. VARNADOE: Yes, sir. That's what the agreement -- the
agreement's very specific as to what the capacity is reserved for; 6,000
is to the university, 11,000 dwelling units, 690,000 square feet of
retail, and it goes into very definitive terms as to what the capacity is
reserved for.
CHAIRMAN COYLE: And the formula converts those
structures into traffic impact?
MR. VARNADOE: Yes, sir.
CHAIRMAN COYLE: Okay. It's just that you're not using
population to calculate the traffic impact, you're using the structures,
which is -- which is consistent with our normal traffic information --
traffic impact study concept, right?
MR. FEDER: That's correct.
CHAIRMAN COYLE: Okay. Commissioner Halas, would thatr
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meet your comments?
COMMISSIONER HALAS: Well, up to a point. I think where
we're looking -- what I'm looking at is, there was some figures thrown
around that -- I believe the county has a figure of2.58 occupants per
dwelling, and I believe what Ave Maria came up with was an
occupancy of 2.1; am I correct, George?
MR. FEDER: Two point three nine, I believe.
MR. VARNADOE: The county's --
COMMISSIONER HALAS: Wait a minute. I thought it was
2.1, in that area.
MR. VARNADOE: Two different subjects, sir. Two point three
nine is what the county uses for population estimates per dwelling
units. We're using 2.2, and, therefore, if you multiply that times
11,000, you get the 24,200. So that -- yes, I have no problem with the
population estimates.
COMMISSIONER HALAS: Okay. My concern is, in the past
we have gotten ourselves in a real pickle whereby when we're talking
just on a PUD -- now, obviously this is way different than a PUD --
where we've reserved traffic and found out that we ended up
impacting that -- the particular segment of the road to the point where,
when it came time to build this out, we ran into some serious
problems.
So what I'm trying to do is make sure that we don't run into a
situation in the future -- because we're looking at proposing to reserve
traffic until the year 2020; am I correct?
MR. FEDER: Yes, sir, Commissioner.
COMMISSIONER HALAS: Okay. That's where I -- where I
want to make sure when we look at the big picture here, we're also
looking at the whole geographical area.
MR. FEDER: Given Immokalee Road, I greatly appreciate your
concern, Commissioner. What I need to point out to you is a couple
of things.
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April 26, 2005
First of all, the immediate action and impact is on Oil Well Road,
and then Camp Keais, and then build us out to Immokalee and others.
The provision that we have in here is we're building four, but we
required the right-of-way, the fill, and the design for an ultimate
six-lane. And the importance there is we expect there's going to be
other development that will be created in this area, and, in fact,
actually are looking forward to that.
And what I mean by that is Ave Maria presents the opportunity,
as we've discussed, to start changing the nature of flow within this
county. Right now what we've got is a bedroom community in the
eastern county that relies on all of its employment, services, and
recreation, and the beach will still only be in the western portion, but
nonetheless, for the western portion of the county, the current
urbanized section to support it.
What we cannot do is continue that process and expect that we
can ever build the system within the urbanized section as we know it
today west of951 that will meet all those needs. That's why we started
to move out to 951 as a commercial corridor, and we need also to
reverse some of the trips in the eastern portion of the county.
And specifically, the example there is with Ave Maria, you've
got a magnet that will spawn some of that development, light
industrial and others in Immokalee. You've got one that will turn trips
around. And right now I've got a directional split of about 80/20 on
most of the roads out in the eastern county. That means that in the
morning, 80 percent are traveling west and only 20 percent east.
Ave Maria can reverse that and utilize some of that underutilized
counterflow traffic. For instance, if I'm in Waterway or in the sections
out there today in Orangetree, well, if they don't end up with another
area to shop and probably more in the future, if they're going to
Publix, they don't have to come down Immokalee Road to 951, which
has only recently been available to them. Before they had to go further
inland to the urbanized area. They can, rather, turn around on an
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April 26, 2005
improved Oil Well and go to the Publix that will be within Ave Maria,
so there are some --
CHAIRMAN COYLE: Yeah, Norm, let me try this again.
MR. FEDER: Yes.
CHAIRMAN COYLE: The reason that Ave Maria is asking for
a reservation is that they're putting in tens of millions, if not hundreds
of millions of dollars into this proj ect.
MR. FEDER: Correct.
CHAIRMAN COYLE: They don't want to find out near the end
of their proj ect that somebody else has come in and taken up their road
capacity and they can't complete their project.
MR. FEDER: That's correct. And while there are larger--
CHAIRMAN COYLE: So we understand that other people will
come in, however, and they will be using that road, and I think that's
what Commissioner Halas is concerned about.
By reserving the capacity for Ave Maria, we're then saying to
those other people, you have to pick up your share of costs for making
sure that the road capacity is available.
But by providing this reservation, we're merely saying to Ave
Maria, we're not going to give your share away to somebody else.
We're going to make those other people pay for it.
So certainly other people will come in and they'll want to build
somewhere along these two roads over time. And if those people have
an impact upon Ave Maria's ability to complete their project at its
stated size, then those people have to make their own contributions to
improve the traffic flow in that area so it is not impacted.
MR. FEDER: That is correct.
CHAIRMAN COYLE: And so that's really what we're doing.
It's not that we are in any way failing to address concurrency on those
roads. It is that we are giving this very big and important project some
comfort that having spent hundreds of millions of dollars on this thing,
that over that period of time, they aren't squeezed out and can't
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April 26, 2005
complete the project.
MR. FEDER: That's correct, Commissioner, that and we're
developing part of the network that we had already committed to
develop, and there's other parts of the network that would complement
it that have to be developed, and with others that come forward, they'll
pay their impact fees to replace capacity.
And if they have bigger impact, like Ave Maria, we'd expect
them, like Ave Maria did, to help us not only beyond their impact
fees, but to improve other sections, whether it be Randall directional
connection, Golden Gate Boulevard Extension, Vanderbilt Beach
Road, other issues that we need to address as we continue to try to find
a way to develop the system out in the eastern county.
CHAIRMAN COYLE: Okay, all right. Thank you.
Commissioner Fiala, you still have a question that you wanted to
resolve?
COMMISSIONER FIALA: Yes. My question's still on the--
still on the dais. Would you sell us the fill to do -- because there's
going to be so -- you know, we want to give you all the capacity you
want, but we, in turn, are going to have our other roads impacted as
people are drawn to that area because of Ave Maria, and other
developments are going to be taking place in the area, and I think a lot
of it is due to Ave Maria, plus we're going to be generating a lot of
traffic from the Immokalee area, and I think we could use your help
on this fill.
MR. VARNADOE: Well, Commissioner Coletta was after me
two weeks ago for this fill, and I have met with my client, we've
discussed it, and if that's the only additional stipulation in the
agreement, we can add that section of road from Camp Keais Road
north into the four-laning section of Immokalee -- on Immokalee Road
to where it's already four-laned. We could provide the fill under the
same circumstances we would for the Oil Well section and the Camp
Keais section.
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April 26, 2005
COMMISSIONER FIALA: That would make me feel a lot
better, thank you.
MR. VARNADOE: You have our commitment, we'll change the
agreement.
COMMISSIONER FIALA: Oh, and I didn't realize even
Commissioner Coletta, probably make him feel good too, huh?
MR. VARNADOE: Oh, Commissioner Coletta's been after me
about the same thing.
COMMISSIONER FIALA: Oh, for goodness sake.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: This is directed to Norm Feder, the
transportation director here. In regards to working with Immokalee
Road west of where the commitment by the university is going to be
cut off, who's going to pick up the slack on that, going west to
Everglades and beyond?
MR. FEDER: The middle section?
COMMISSIONER HALAS: That's correct.
MR. FEDER: We already were in the process of developing that.
Their impact fees, just alone, in Ave Maria, would be over 62 million
over time. The overall project is about 52 million. So as they come
forward -- and we showed you the schedule we anticipate there, plus
other impact fees within the area should help us bring that middle
section in about 2009/2010.
MR. MUDD: Norman, he's talking about this section.
COMMISSIONER HALAS: I'm talking about the sec -- no, no.
I'm talk -- down below on Oil Well Road, excuse me.
MR. FEDER: Yeah, middle section.
COMMISSIONER HALAS: Oil Well Road going west to
Everglades Boulevard.
MR. FEDER: That's correct. And as I just said to you, that that's
what we're proposing in 2009 and '10. Both are impact fees from Ave
Maria and from other development within that district and adj acent
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April 26, 2005
districts.
Now, you are -- as we pointed out, you're putting a priority for
that section to be done. But we've looked at our work program that
we'll be presenting to you, and we feel we can still maintain our
commitments on Golden Gate Boulevard and Vanderbilt Beach Road
and still meet this time frame as long as the development of Ave
Maria and other development anticipated continues there in the
county.
COMMISSIONER HALAS: So what you're telling me is that
the dark line is going to start being developed in 2007; is that correct?
MR. FEDER: The sections --
COMMISSIONER HALAS: The heavy line, the heavy yellow
line is going to be start -- you're going to start developing that in 2007;
is that correct?
MR. FEDER: Yes. As Jim's going to put out -- and, Jim, we'll
put you on the other end.
On the western end from Immokalee over to Everglades where
we have the major portion of the development today, the high school,
that will start in 2007, as will, as you point out, that heavier line,
which is the right-of-way being provided in front of Ave Maria, will
also start in 2007. So Oil Well would work from both ends.
COMMISSIONER HALAS: So then we're going to have a
problem because we're not going to address the rest of it until 2009; is
that correct?
MR. FEDER: Well, you won't finish the other two ends. And
the reason we put 2009, it's an awfully long section to be building at
one time. Your major issue is to get over to Everglades, that's where
most of your development is today. You don't have a lot of volume on
the two-lane section today on the other side of DeSoto and also pretty
much to the east of Everglades.
The major movements today would be addressed starting in
2007. Then we're starting on this section that doesn't have as much
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April 26, 2005
traffic from basically the east and moving over to the middle, and both
of those two projects, the two ends, the western end where most of the
development is, the eastern end in front of Ave Maria, should be done
about 2009, allowing the middle section then to go under construction,
assuming, and that's what's provided for here, that impact fees
generated out of Ave Maria are consistent, as we expect, and from
other fees in the area.
COMMISSIONER HALAS: My last question is, getting back to
the heavy yellow line, is this going to be only designed for four lanes,
or is it going to be designed with six lanes that we can come back at a
future date and just address the other two lanes without having it go
through a whole complete road building program again?
MR. FEDER: By all means, Commissioner, an important
question. Six lanes, an urban cross-section that allows us to go back
into the median, and the fill has already been provided for the six -lane,
and just add the two lanes in the median when it's needed.
COMMISSIONER HALAS: My final question is, when we start
on the proj ect of going where the heavy yellow line ends and heading
westward on Oil Well Road --
MR. FEDER: Over to Everglades.
COMMISSIONER HALAS: -- where are we going to get the fill
from that? Are we going to buy that from Ave Maria at that point in
time?
MR. FEDER: Y es. Ave Maria's providing the fill for all of Oil
Well, all the way over to Immokalee Road.
COMMISSIONER HALAS: Immokalee, okay.
MR. FEDER: And on Camp Keais, and now Immokalee Road in
that top section.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Actually, Commissioner Fiala
beat me by one-tenth of a second.
COMMISSIONER FIALA: Oh, that's all right, go ahead.
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April 26, 2005
CHAIRMAN COYLE: No, she fumbled with the button.
COMMISSIONER COLETTA: Just trying to be a gentleman.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER COLETTA: Okay. So the summary agenda,
you're going to correct it so that it's so stated as it needs to be, that
we're including the road from -- Oil Well Road from Immokalee all
the way to Camp Keais and Camp Keais right to Immokalee Road
again, and then Immokalee Road from Camp Keais back into
Immokalee?
MR. FEDER: That's correct. Both the interlocal and the DCA
will be revised to reflect that.
COMMISSIONER COLETTA: And that will all reflect it.
Now one of the things I got to put everybody on notice for, as
you know, this is needed facility, and it's very much needed. If there's
any way as time goes along and through the MPO process or finding
funds someplace else so we can advance it by months or years or
whatever, it would be greatly appreciated.
We have a situation that's quite desperate, and I'll be sharing with
you numerous e-mails I've been receiving, none of them written with a
smile in them, I can tell you that, considering the traffic situation out
in that particular area.
So as we go into it and we get moving towards the date, I'm
going to see if there's anything we can do to try to advance it. I just
wanted everybody to know, and the public to know also, that I'm not
going to say that this is the date. This is the farthest out date that you
can expect these roads to go in. If they can be done any sooner, we'll
find a way.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yeah. You mentioned before,
Norm, something about the impact fees, and I think we're going to get
them over time. What is it, 20 years or something like that?
MR. FEDER: No, I think it's about 10 years. We put in your
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April 26, 2005
agenda here showing through 2016 that they expect to be built out and
provided about 62.5 million impact fees out of Ave Maria.
COMMISSIONER FIALA: So you expect to use the -- you just
roused my curiosity here. So you expect to use other impact fees
received in that area to build these roads so that they get built in a
timely fashion.
MR. FEDER: That's correct.
COMMISSIONER FIALA: What happens -- will other roads
then suffer because no impact fees are coming in?
MR. FEDER: No. What we've done is balanced the program.
Now, what you are doing here -- and I want to make sure -- I think the
county attorney made it clear to you in the other presentation, I want
to make sure it's on the record as well, is that you are putting in this
agreement a higher priority on that middle section for that '09 or '10
construction, the impact fees within this district and the adjacent
district.
What that says is you're completing particularly two large
projects, which will be the extension of Golden Gate Boulevard and
Vanderbilt Beach Road Extension. But again, being very conservative
in our impact fee assessments or anticipated forecast and continuing
our gas taxes, we feel that we're in a position to continue to move
forward on those other two projects as well as bring forward this
section on Oil Well, and so I just wanted to point out that you are
setting this section as the priority for.
Of use impact fees within the area.
COMMISSIONER FIALA: But you feel that there will be a way
to also complete those much-needed--
MR. FEDER: Yes.
COMMISSIONER FIALA: -- projects as you had projected
already, or do you have to --
MR. FEDER: Yes, in 2008 and 2009 the other two are
scheduled, and we plan on continuing to maintain that schedule.
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April 26, 2005
COMMISSIONER FIALA: And you'll have the dollars for that?
MR. MUDD: Yes, ma'am. Just -- this intersection, that one that
Commissioner Halas has been talking about, is around $25 million,
and that's why we put it as to start 2009, be completed by 2010, and it
basically lays it out so that if impact fees are coming in the way
they're supposed to, then we'll get that section done.
COMMISSIONER FIALA: Well, I understood that. What I was
just wondering about, were other roads going to be suffering because
the impact fees from all of that area would be going into this?
MR. MUDD: Yes, ma'am. We believe -- that's a fail-safe for us.
We believe that once the road segment out in the front of Ave Maria's
there and the part that goes from Immokalee Road to Everglades
Boulevard, the first section, when those are improved, we believe that
the sale of those particular units at that university will go out like
gangbusters, just like every other property in Collier County's going
right now, and we'll far exceed the collection of impact fees that we
have on our schedule.
So that's the positive note, but we will also take in a place where
we've got a fail-safe on that center section.
CHAIRMAN COYLE: And does your cost estimate for the
construction of the roads include things like wildlife underpasses and
necessary fencing?
MR. FEDER: Right now it's assuming one, and that's being set
in the design particularly in the area of Camp Keais Slough, and that's
an important issue in that area, and I know that the developer and the
county have been talking with wildlife and the Conservancy to make
sure that we include a wildlife crossing in the area of the slough.
CHAIRMAN COYLE: Okay. So your cost estimates include
that?
MR. FEDER: Yes, sir.
CHAIRMAN COYLE: Okay. And then Commissioner Halas
and then Fiala again. We have seven public speakers. Would you like
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April 26, 2005
to hold your questions until we get the public speakers?
COMMISSIONER FIALA: I can.
COMMISSIONER HALAS: I just have one question to ask
Norm. Regards to logistics, this is a large segment of road that we're
going to be -- is going to be under construction, and I think
Commissioner Fiala, where she's going maybe with this is, how many
road-building firms do we have here in Collier County, and will we
able to address not only the needs out here, but the continuing needs
of completion of roads in the urban area that need to be expanded,
then also roads that are going to be expanded in the eastern part north
-- or east of951? My concerns are that in the past we've had some
bad experiences with road building groups.
So first of all, I guess my first question is, how many road
building firms do we presently have, and will we able to keep up with
the demands other than what we have out in this area?
MR. FEDER: First what I will tell you, Commissioner, is other
than delay on one project, we haven't really had bad experience with
our contractors. We're always trying to get better performance,
cheaper price, and faster product.
But we have brought in new contractors in the area, maintained
working relationships with those that are here, and we have a program
that is probably most aggressive this year and last year, as far as
numbers of projects, so what we're talking about is actually ramping
down on numbers of projects, therefore, contractors.
We've brought two new ones in recently. John Carlo, a large firm
that's going to be doing the section of Immokalee Road from 41 to 75.
MCM is doing an outstanding job so far on the interchange and the
overpass. They're new to the area.
So we're pleased that we're bringing in some new contractors as
well as maintaining efforts with the contractors that we started with.
So I feel fairly comfortable in that we're ramping down on number of
projects as opposed to continuing to go up.
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April 26, 2005
I'm hoping that we're just over that peak, but it seems to be
tabling, but we're working with it.
CHAIRMAN COYLE: Okay. Let's call the first speaker.
They'll be allowed three people -- three minutes. There will be seven
speakers.
MS. FILSON: First speaker is Fred Thomas. He'll be followed
by John DePrisco.
MR. THOMAS: Good morning, Commissioners. Fred Thomas,
for the record, from Immokalee, Florida.
First I want to thank you all for including that northern section,
and I want to thank the family for doing all the stuff that they're doing
to make easy access to Immokalee, and I'll talk a little more about that
in just a few seconds.
But something I think Norm Feder said that you all need to focus
on. Ave Maria develops, brings some nice shopping and whatnot, all
those folks from Orangetree that are now forced to go west can start
coming east. That takes the impact off your roads. They don't have to
go as far, they go in the opposite direction that's not being utilized
now at all.
I mean, we've got to learn to understand that by strategically
locating activity centers throughout your community so it becomes a
more of a walkable community, you take the impact off your roads,
okay?
And we want to applaud you for everything you're doing to make
access between Ave Maria and Immokalee an easy one and to make it
easier for you folks to come out and visit Immokalee High School.
lmmokalee High School, the premier high school in the State of
Florida with its Beta club. And for you that do not know much about
Beta clubs, the high school honor service clubs, 3.0 average or better
to get into, can now boast a national president, an outgoing state
president, and incoming state president.
Every place else in this state, they respect Immokalee and
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April 26, 2005
Immokalee High School Indians for something other than football.
Thank you.
MS. FILSON: John DePrisco. He'll be followed by Jake
Sullivan.
MR. DePRISCO: Good morning. For the record, John DePrisco,
president of Waterways of Naples Homeowners' Association, a
community of over 420 homes situated in the northeast corner of the
intersection of Immokalee Road and Oil Well Road, so obviously this
is going to have a great impact on us.
Several Wednesdays ago the commissioners came to our town
hall meeting hosted by Commissioner Coletta. And if you recall, I
spoke about how in the past we have been behind the curve and how,
through your efforts in the past couple years, with novel things like
six-laning Immokalee Road and so forth, you're now getting back up
on top of the curve and maybe even ahead of the curve.
And now we face the situation where, again, you might be behind
the curve if we don't take advantage of what's put before us. You
know, I'm representing residents who are all for this. You know, the
county is getting significant gifts and, of course, the commercial
companies get to move forward with their sales.
So what I see here is a win-win-win scenario. We desperately
need this. You know, I don't see any negatives for it.
I have to deal with that traffic every day. I work here in the
government center, so I know what it's like to hit that area of that
light.
So I just really would like to strongly support this proj ect, to tell
you that the residents want it, we need it, it's past due, and we
appreciate your support. Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Jake Sullivan. He'll be followed by Nancy
Payton.
MR. SULLIVAN: Good morning. I've got to say I'm really
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April 26, 2005
impressed with the cooperation that we've seen this morning. I guess,
for the record, my name is Jake Sullivan. I'm the past president of the
Waterways of Naples Homeowners' Association. Currently still a
resident in Waterways, and I also have to deal with the traffic out
there every morning, as does my wife.
I'm really impressed with the cooperation, Mr. Mudd's team, Mr.
Feder, the Barron Collier Companies, people from Ave Maria,
Commissioner Coletta's really been on top of this issue.
And I'd like to encourage you to approve the item and to enter
into the agreement to accelerate the widening of Oil Well Road. This
is a very essential link in all of this transportation -- improvements that
are going to out there.
In September of 2004 I was invited to attend a meeting with Don
Scott and Joe Kinty (phonetic) of transportation services, and Chuck
Barmby of the MPO, at which time it was revealed that the MPO had
finally recognized the need to widen Oil Well Road and that the
widening of the roadway had been added to the MPO's long-range
transportation plan.
The downside to the revelations was the project was not even in
design phase and probably wouldn't be considered for design phase for
years to come, with the eventual widening and the passage of traffic
on it, not even until sometime after 2010.
On November 16th of last year, I was fortunate enough to come
before you and speak with regard to the adoption of the Orange
Blossom Ranch PUD. Your acceptance of the PUD and the 200,000
square feet of commercial space came as a mixed blessing to the
residents of the Waterways and Orangetree communities.
This rapidly growing area was starving for commercial services
enjoyed by residents living west of County Road 951. But we had
serious concerns about the lack of roads capable of carrying the traffic
of an additional 1,600 homes and three schools. And in particular, we
were concerned about two-lane Oil Well Road.
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April 26, 2005
In light of our concerns, residents of Waterways, Citrus Greens,
and other communities affected by this eventual project formed a
committee known as the Oil Well Road Task Force and immediately
began to petition Commissioner Coletta for more immediate timed
response to our needs as far as the roads to support our growth.
He, in turn, solicited the aid of Mr. Mudd, Mr. Feder, Don Scott,
and other members of the transportation services staff, who have
worked diligently to get us some relief in this area.
So please do not look away from this chance to get from behind
the eightball. This is a perfect opportunity to install one form of
necessary infrastructure to support the growth that is anticipated in our
area.
It has to be considered a win-win situation for Collier County and
the tens of thousands of working families presently residing in this
area that are crying for relief from traffic congestion.
So I would urge you not to ignore the efforts of the county staff,
but to applaud their actions by accepting this agreement, thus ensuring
the residents of the areas abutted by Oil Well Road that there is light
at the end of the tunnel and that one answer to our complex question
of growth is going to be answered.
Thank you.
CHAIRMAN COYLE: Okay. Thank you very much.
MS. FILSON: Nancy Payton. She will be followed by Brad
Cornell.
MS. PAYTON: Nancy Payton, representing the Florida Wildlife
Federation, and we're here today to support the interlocal agreement
and the developer contribution agreement for the widening of Oil Well
Road, which includes a wildlife crossing, and I qualify that, it may be
a wildlife crossing stand-alone, or it may be a bridge that's expanded
to accommodate panthers and other wildlife that are traveling north
and south.
Florida Wildlife has been pursuing a wildlife -- wildlife crossings
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April 26, 2005
in the rural stewardship area since the rural assessment planning
effort. In the past two years, we have been working closely with
Barron Collier on our Oil Well Road concerns, and have received
assurances, and we heard them again here today, that the budget
includes a wildlife crossing.
We've also been working with Collier Enterprises, owners of the
west side of Camp Keais Strand, where habitat stewardship lands are
targeted for restoration as part of the Florida Wildlife and Collier
Audubon Society's 2002 settlement with the property owners, and this
is to enhance a north/south travel quarter for panthers and other
wildlife.
It's been a long time getting to this point for wildlife crossing.
First the transportation staff said we needed to have crossings
referenced in the comprehensive plan. We got that done.
Second, the state and federal agencies said, lands on either side of
the road have to be in some sort of protective status, otherwise why
build a crossing if there's going to be a shopping mall there at some
point. We got that done through the stewardship designation.
Third, the county needed to know where the crossings should be.
They wanted professional recommendations on where those crossings
should be.
And out of a meeting coordinated by Florida Wildlife in 2002,
the wildlife -- the wildlife commission agreed to do a study of road
segments to identify those that are important for consideration for
wildlife crossings. That study has been completed. It's not yet
released. I've had the privilege of seeing it. And just as we all could
predict, Camp Keais Strand is one of those segments on Oil Well
Road that is identified.
Lastly, we had another hurdle to overcome, and that was county
staff rightly said, well, where in that road segment? The wildlife
commission would not give specific recommendations on what should
be built where.
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April 26, 2005
So taking a cue from the development community, Florida
Wildlife and the National Wildlife Federation received a grant to hire
researchers, Dr. Reed Nauss, Dr. Dan Smith, and Dr. Marty May to do
the study. And these are internationally known exerts on roads and
ecosystems, and they are going to be doing a year-long study, a
hundred thousand dollars of the rural stewardship area. But this Camp
Keais segment is being fast tracked to accommodate the design
schedule for the expediting of the widening of the road.
Also, we have appealed -- and this is just my last comment --
have appealed to the Florida Fish -- or to the Federal Fish and Wildlife
Service to consider and hopefully accept wildlife crossings, panther
crossings, for habitat mitigation. At this point they will only accept
acres to acres, and we've asked them and they have agreed to do this,
to also take into consideration accepting wildlife crossings, panther
crossings, such as Camp Keais Strand, as part of mitigation for
impacts on panther habitat.
And that is another way that we can kind of maximize our
money. These wildlife crossings -- and I use wildlife crossings in a
broad sense -- it's whatever is appropriate for wildlife at that particular
area.
And I know my three minutes may be up?
CHAIRMAN COYLE: Thank you, Nancy.
MS. PAYTON: Thank you.
MS. FILSON: Brad Cornell. He'll be followed by Jack Pointer.
MR. CORNELL: Good morning, Commissioners. I'm Brad
Cornell, here on behalf of Collier County Audubon Society, and I'm
here to support the agreements that are before you on 858 and Ave
Maria.
We support these proposed agreements understanding that the
road improvements will occur in the context of necessary listed
species, wetland, and wildlife planting and protections,
accommodating safe water and wildlife movement specifically
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April 26, 2005
through a crossing or a bridge, as Nancy Payton just mentioned.
We have worked with the landowners, Barron Collier, and the
eastern Collier property owners extensively on these kinds of policies,
and you yourselves have approved the rural land stewardship area as
an exemplary set of policies for protecting these kinds of resources
and property rights.
We think that the RLSA has permitting advantages because of its
proactive advanced planning and mitigation for wetland and listed
species and that this should be a model for proactive planning
throughout the county and for provision of infrastructure and
protection of natural resources. And not only throughout the county,
but throughout the state, and I think the state is looking at what Collier
County is doing here, and this is a great example of how it might
succeed, so we recommend approval.
CHAIRMAN COYLE: Thank you, Brad.
MS. FILSON: Jack Pointer, and your final speaker will be
Tammie Nemecek.
MR. POINTER: Good morning, Commissioners. My name is
Jack Pointer. I live in one of the several subdivisions off of
Immokalee Road on the north part of Naples in the Collier County
community.
I want to rise and support the interlocal agreement between the
board of supervisors from Collier County and the Ave Maria
stewardship community and also support the developer's contribution
agreement from the Ave Maria stewardship community.
All of that is going to directly affect me, who live off of
Immokalee Road and daily have the same problems in the north end of
the -- of the area, but much closer into town. I don't have to drive the
far distance, but I do have difficulties getting off the bridge and
getting onto Immokalee Road, and getting off of it also in the evening.
So I wish to strongly support what you have before you and I
wish to also strongly support the several members of the public who
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April 26, 2005
preceded me.
Thank you.
CHAIRMAN COYLE: Thank you, Jack.
MS. FILSON: Your final speaker is Tammie Nemecek.
MS. NEMECEK: Good morning, Mr. Chairman, County
Commissioners. My name is Tammie Nemecek, president of the
Economic Development Council of Collier County. I'm here to
applaud you for taking on this challenge of road construction in
eastern Collier County and working creatively with the town of Ave
Maria and Barron Collier Companies and the county commission and
the transportation staff to make this happen.
This is truly a first step for some certainty in the process of
economic development for eastern Collier County, not only for the
Immokalee area, but for around the Orangetree area and the town of
Ave Maria.
In our effort in order to attract businesses to find locations for
businesses to grow, and looking at the eastern Collier County area, the
number one question comes from the businesses, is, how am I going to
get there? What are the transportation routes?
And providing routes not only like this, but the other ones that
are under consideration for eastern Collier County are critical in that
to be able to preserve employment sites for our future generations to
have jobs.
In addition, I just would like to express to you the impact of the
Ave Maria project and what it's had on the Immokalee community and
our ability to attract businesses to lmmokalee.
Before the Ave Maria proj ect was announced, about 10 percent
of our leads were interested in the Immokalee area. We've seen an
increase to about 30 to 35 percent of the leads interested in the
Immokalee Airport, and these are significant leads.
But again, we need to provide those transportation routes in and
out of the area to be able to bring products, as well as people, to their
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April 26, 2005
job sites. So I encourage you to approve this project, let's move it
forward, let's have economic development opportunities for eastern
Collier County, and create jobs. Thank you so much.
CHAIRMAN COYLE: Thanks, Tammie.
MS. FILSON: That was your final speaker, sir.
CHAIRMAN COYLE: Okay, fine. Commissioner Fiala?
COMMISSIONER FIALA: Yeah, just -- I just had one last
question, Norm? By reserving capacity on this road for a project that
will take a while to build out, are we setting a precedent for other
communities, like the big one that's going to be coming forward with
Collier Enterprises, for instance?
MR. FEDER: We've done it previously, Commissioner. An
example that I'll cite is we did it with the Heritage Bay DRI. That's
going to be developing over a number of years. In that case there was
a little bit different structure, but essentially the same.
So, yes, we are reserving that capacity, as pointed out. They
need some level of assurance. We needed the road. We're just doing it
a little bit sooner, and they're providing us a lot of the resource to be
able to get that done.
COMMISSIONER FIALA: So we're not setting a precedence?
MR. FEDER: We will continue to bring to you developer
contribution agreements where we feel it's definitely to the benefit of
the county to entertain and to consider. So if that's the precedence,
yes, we will bring others to you if, in fact, we feel the results are such
that they bring benefit to the county.
CHAIRMAN COYLE: And you've done so in the past?
MR. FEDER: We have done so in the past. And as I said, we'll
continue to if we feel that it's the benefit of the county.
CHAIRMAN COYLE: Your time is up.
MR. FEDER: My time is up.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Do you have to close the
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April 26, 2005
public meeting before I can make a motion?
CHAIRMAN COYLE: Nope. This is not a quasijudicial
meeting, i tern.
COMMISSIONER COLETTA: I appreciate that.
CHAIRMAN COYLE: But you had your button on, so --
COMMISSIONER COLETTA: That's right. And if I may, I
would like to make a --
CHAIRMAN COYLE: You may.
COMMISSIONER COLETTA: -- motion that we approve it
with the conditions that we mentioned already with the number of--
how do we come up with that -- the number of development units in
relation to the density? You were the one that dealt with this. We're
working on that -- that that's included to it as we agreed to.
And also, too, that the fill agreement as Commissioner Fiala
brought forward -- and I thank you very much for that -- is also
included into that, and I figure that adds another two and a half million
dollars to the package of what we're going to be getting from this --
and that we follow the rest of staff recommendation as so stated.
CHAIRMAN COYLE: Okay. Could I suggest -- Norm, I'll give
you another minute here to answer this question if you'd like. But
could I suggest -- we need to clarify this issue on reserving capacity.
Could I suggest some wording that would be included in this motion
that would say that we would reserve the capacity which was -- which
is determined by our traffic impact study for Ave Maria for the
specified number of years?
MR. FEDER: Yes.
CHAIRMAN COYLE: Would that do the trick?
MR. FEDER: Yes. And I think you did hear one thing today.
We'd probably specify the population anticipated from the residential
component, which is a little less than our usual anticipated population
level.
CHAIRMAN COYLE: Okay. But you don't use the population
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April 26, 2005
to calculate traffic?
MR. FEDER: No, we do not. We use number of units and trips
generated.
CHAIRMAN COYLE: But -- so what you would do is use your
traffic impact study numbers --
MR. FEDER: Correct--
CHAIRMAN COYLE: -- as a basis --
MR. FEDER: -- from development and such.
CHAIRMAN COYLE: -- for guaranteeing road capacity?
MR. FEDER: Correct, by units, by square foot, other units, yes.
COMMISSIONER COLETTA: I include that in the motion.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: The only other -- I would just like
to get a clarification in regards to -- if the town of Ave Maria DRI or
SRA do not become final, or the Army Corps of Engineers permit of
the town of Ave Maria is not received and becomes effective before
December 31 st, 2000 (sic), all agreements are off. Where does this
leave the county in regards to, if they fail to get their DRI approved or
the SRA?
MR. FEDER: Then we face the need to continue to develop Oil
Well, Camp Keais, and Immokalee, but it will probably be on a slower
schedule if we don't have the right-of-way and these other features of
our 25 million brought to its completion.
MR. MUDD: Now, the cost of the design and the permitting
that's done that they're going to start -- they've started already --
whatever that vouchered amount is, that would be impact fee credits
that would stay with the land, and so whatever that development is,
future, whatever this little box turns out to be, they'd have credits for
the design and the permitting of Oil Well Road.
Now, Norman's original time line for Oil Well Road was 2012.
That's when we'd start. So we'd already have the design and the
permitting. And the way things are going with Orange Blossom and
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April 26, 2005
whatnot, at least the western portion between Immokalee and
Everglades Boulevard would get done sooner than that.
COMMISSIONER HALAS: Well, my question is that if--
realizing that the petitioner is putting himself on the line here for $6
million, where does -- does that leave the county vulnerable for
anything that -- if something should not coincide here with the
development or the agreement taking place by December 31 st, 2006?
MR. MUDD: The county is not out the money. The money that's
being spent for the design and permitting is coming from Mr.
Monaghan and the Collier family.
MR. FEDER: The impact fee credits.
COMMISSIONER HALAS: Okay. Thank you.
COMMISSIONER FIALA: I will second that motion if that is
what your intention was as far as -- excuse me, as far as --
COMMISSIONER HALAS: Well, I hope that what we're saying
is we're just going to reserve the traffic for 24,200; is that correct?
Because that's what the projected buildout is for 2020.
MR. FEDER: Commissioner, what I think I heard, and what
we've done so far and what's being presented, is reserving the capacity
for the project which has a component of residential, the population is
projected at that, but also has other components, the university itself,
as well as some commercial and others, and what we've done is we've
reserved based on the square footage of commercial, let's say, the
number of residential units, based on the trip generation, we are
reserving that level of trips, and then they will be paid for in each final
plat or plan, and, therefore, become trips committed to this project.
COMMISSIONER HALAS: And what is that? What is -- what
is the trip generation that you then proj ected for this through 2020?
MR. FEDER: Don, do you have a feel for the trips? And
understand also, the modeling needs show the trips that are then
changed in direction. But we've got just a generation from the project,
but you can't take it by itself.
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April 26, 2005
MR. SCOTT: I actually was looking -- Don Scott, transportation
planning. I was looking at, by segment, peak hour/peak direction that
we usually do when we vest or reserve trips, and essentially through
2016, because that's the numbers that I have at the moment, whatever
their buildout is. W e'lllook at those years if it's 2020.
Essentially if you're looking on Oil Well Road, you're talking
about three hundred -- 538 peak hour/peak direction trips through that
time frame.
COMMISSIONER HALAS: Per hour?
MR. SCOTT: To buildout.
COMMISSIONER HALAS: Say that again now.
MR. SCOTT: Five hundred and thirty-eight--
COMMISSIONER HALAS: Per hour?
MR. SCOTT: -- peak hour/peak direction trips. And I have it for
-- if you want to move down the road, it's -- Immokalee between
Wilson and Oil Well, is 590, Collier to Wilson's 567, and Immokalee
at 951 's 322.
COMMISSIONER HALAS: At what time is that projected at?
MR. SCOTT: That's through the whole buildout, 2016.
COMMISSIONER HALAS: Okay.
MR. SCOTT: And that's the way I would do it is based on the
whole development, essentially peak hour/peak direction trips into the
system as -- and it had -- when you asked for certain things, I'll have
to vest it, I'll have what's reserved for each one of those links.
COMMISSIONER HALAS: So do you have a segment, for
instance, time segment of seven till nine? What's your trip generation
in that point in time? Do you have that?
MR. SCOTT: It's actually afternoon peak hour/peak direction.
One of the comments that we had out in that area is that we ought to
be looking at a.m. peak, and we discussed that during the AUIR,
which we're looking at also.
COMMISSIONER HALAS: So you don't have a hard figure
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April 26, 2005
then at this point in time?
MR. SCOTT: Not for a.m., but we do for p.m.
COMMISSIONER HALAS: And the p.m. is what?
MR. SCOTT: For -- say for a segment on Oil Well Road, we
will reserve 538 peak hour/peak direction trips.
COMMISSIONER FIALA: But you said earlier -- well, not you
said, but it was stated that 80 percent is in the a.m., but only 20
percent in the p.m. return, right?
MR. SCOTT: No -- yeah, the other way around.
COMMISSIONER FIALA: Other way around?
MR. SCOTT: Yeah. Eighty percent would be entering in the --
well, it depends on the use. I mean, obviously if, you know, people go
there in the morning to work or whatever, would leave, so you have
more entering into the morning, and then less, you know, depending
on whether it's going for work or if it's going for school or what other
issues you have.
I think the comment was that our peak direction right now is
heading into Naples; 80 percent into Naples, 20 percent the other way.
That switches that around. You're using the nonpeak time to go
towards the university, or nonpeak direction, sorry.
So what I'm looking at is peak hour/peak direction trips reserved
into the system out through the buildout, be it 2016 or 2020.
CHAIRMAN COYLE: Was there -- did you make this as a
motion?
COMMISSIONER COLETTA: I made it as a motion. We had a
conditional second from Commissioner Fiala.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. And so, Commissioner Halas,
is that what you were -- well, let me just say it satisfies me, so I will
second that.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Coletta and a second by Commissioner Fiala that
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April 26, 2005
would recommend approval for this project with the changes that have
been discussed, which includes the sale of additional fill at cost and
the reservation of traffic capacity on the roads in accordance with the
traffic impact study which will be conducted for this project as of
buildout.
Is that -- does that fairly state the intent of the motion?
COMMISSIONER COLETTA: Yes, it does.
CHAIRMAN COYLE: Okay.
MR. MUDD: Yes, sir, and there's two items. There's an
interlocal agreement, and then there is a developer contribution
agreement.
CHAIRMAN COYLE: Okay. Do you want to vote on them
separately?
MR. MUDD: You don't need to.
CHAIRMAN COYLE: Okay. Then let's do it together.
COMMISSIONER COLETTA: My motion covers it all.
CHAIRMAN COYLE: The same issues apply to both.
Is there any further discussion by board members?
(N 0 response.)
CHAIRMAN COYLE: Hearing none, 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 those opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9A
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April 26, 2005
RESOLUTION 2005-172: APPOINTING RICHARD
KRAENBRING FROM AN ALTERNATE TO A REGULAR
MEMBER, APPOINTING JUSTIN DEWITTE AS AN
ALTERNATE MEMBER AND APPOINTING JERRY P. MORGAN
AS A REGULAR MEMBER TO THE COLLIER COUNTY CODE
ENFORCEMENT BOARD - ADOPTED
MR. MUDD: Commissioner, that brings us to item 9A, which is
an appointment of members to the Collier County Code Enforcement
Board.
COMMISSIONER FIALA: Motion to approve the three
applicants.
COMMISSIONER HALAS: Second.
MS. FILSON: Commissioner, if I may, you have a member
who's currently serving as an alternate who's requesting to become a
regular member, and if you do that then -- and I also have one who's
requesting to become an alternate member.
COMMISSIONER FIALA: Yes. Incorporate that into the
motion, please.
CHAIRMAN COYLE: Okay. So we're having a motion that
will transfer the existing alternate into a permanent position,
appointing an additional -- an alternate to fill the alternate position,
and then appointing another regular member?
COMMISSIONER HALAS: My motion reflects that -- my
second reflects that.
CHAIRMAN COYLE: Okay. So motion by Commissioner
Fiala to approve those appointments, second by Commissioner Halas.
Any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
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April 26, 2005
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It is unanimous.
Item #9B
RESOLUTION 2005-173: APPOINTING BERNARDO
BARNHART, EVA J. DEYO, CURTIS BLOCKER, JR., AND RE-
APPOINTING FRED THOMAS, JR. (W /W AIVER FOR TERM
LIMIT) TO THE IMMOKALEE ENTERPRISES ZONE
DEVELOPMENT AGENCY - ADOPTED
MR. MUDD: Commissioner, the next item is 9B. It's
appointment of members to the Immokalee Enterprise Zone
Development Agency.
COMMISSIONER COLETTA: Okay. I'd like to --
MS. FILSON: I'm sorry. If I may, if the commissioners choose
to appoint -- reappoint Fred Thomas, he has served his two-term limit,
and he also is currently serving on three boards, so you'll have to
waive section 7B and 5D of 2001- 55.
COMMISSIONER COLETTA: Okay. If I may, I'd like to go
with the committee's recommendation and to waive the requirements
as so stated by Sue Filson as far as the ability to be able to serve an
additional term.
CHAIRMAN COYLE: Okay. Motion to appoint Bernardo
Barnhart, Eva Dreyo, Fred Thomas, Jr., and Curtis Blocker, Jr., by
Commissioner Coletta.
Is there a second?
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April 26, 2005
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
All those -- is there any other 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, like sign.
(No response.)
CHAIRMAN COYLE: It carries unanimously.
MR. MUDD: The next item is 9C, Commissioner Henning's
request to discuss and identify additional funding for off-season
tourism advertising.
MS. FILSON: If I may just interject, I have a lot of speakers on
this item, and I know that you have a luncheon scheduled for 12
o'clock.
CHAIRMAN COYLE: We will break at 12 o'clock whether it's
finished or not. What's you're pleasure, Commissioner Henning?
COMMISSIONER HENNING: I think we're going to have quite
a bit of discussion on this. If we can come back after the lunch and
deal with this item instead of going to land use, I think that would be
preference to the public wanting to speak on their issue. I see Mr.
Pennington's here also.
CHAIRMAN COYLE: Okay. Then we'll-- we have a -- we do
not have a time certain at one o'clock, so we can take this up at one
o'clock when we return.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: What item can we go to now and get
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April 26, 2005
done in 10 minutes, County Manager?
Item #10F
BUDGET AMENDMENT IN THE AMOUNT OF $842,700 FOR
FUNDS FROM THE FEDERAL TRANSIT ADMINISTRATION
FOR THE COLLIER AREA TRANSIT SYSTEM - APPROVED
MR. MUDD: Commissioner, I'd say that we --let's do 10F,
okay, that should be -- that's a transportation item.
It's a recommendation that the Board of County Commissioners
approve a budget amendment in the amount of $842,700 for funds
from the Federal Transit Administration for the Collier Area Transit
System, and Ms. Diane Flagg, the alternative transportation modes
director from the transportation division, will present.
MR. FLAGG: Good morning, Commissioners. Congress is still
working on the final format of the transportation bill, and up until this
point we've utilized gas tax funding to purchase two buses approved
by the board last year. Since the purchase and associated capitalized
operating expenses will be funded by the FT A once Congress reaches
consensus, this item moves the expense of the buses that we purchased
last year to the FT A grant.
CHAIRMAN COYLE: Okay. Any questions by
commissioners?
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Coletta, a second by Commissioner Fiala.
Any further discussion?
MR. MUDD: Commissioner Coyle, you had a question on this
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particular item, that was last Wednesday in the airplane as we were
trying to do this agenda.
And, oh, by the way, thanks for the cold. I appreciate it.
CHAIRMAN COYLE: You got that in Tallahassee.
MR. MUDD: Yes, sir. I believe -- I just asked you if you still
had that tickle in your throat.
CHAIRMAN COYLE: No, I'm fine, as a matter of fact.
I think my question has been answered. I talked with Norm
Feder earlier.
MR. MUDD: Okay.
CHAIRMAN COYLE: Any questions by commissioners?
(No response.)
CHAIRMAN COYLE: Hearing none, I'll call the question. 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.
(N 0 response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
Do we have something else we can do quickly?
Item #10A
RESOLUTION 2005-174: CREATING THE HABITAT
CONSERVATION PLAN ADVISORY COMMITTEE - ADOPTED
MR. MUDD: Commissioner, we have a -- let's try lOA.
How many speakers do we have on this one, Sue?
MS. FILSON: lOA, we have two.
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April 26, 2005
MR. MUDD: Okay. Commissioner, this item has been talked
about, or at least been on the agenda several times. This item has been
continued from the March 22nd, 2005, BCC meeting to the April 12th,
2005, BCC meeting and was further continued to the April 26th, 2005,
BCC meeting. And it's a recommendation to approve resolution 2005,
the number to be determined based on the board's action today,
creating the --
MS. FILSON: I now have four speakers.
MR. MUDD: -- habitat conservation plan advisory committee.
And Mr. Bill Lorenz, your environmental director from community
development, will present.
MR. LORENZ: Thank you. At the February 15th workshop, the
board gave staff basically two directions when we discussed the listed
species comprehensive program. One was to work through the growth
management plan amendment process to modify the policy that we
had the glitch with, and so we are just working internally at the
moment for that.
But the second item, which is the action before the board today
was to develop a formal advisory committee to study the feasibility of
a habitat conservation plan that would be directed to the protection of
Red-Cockaded Woodpeckers, or RCWs.
The proposal that you have in front of you is, the adoption of the
resolution would create this advisory committee, which would be a
full sunshine committee. We're proposing a nine-member committee,
the individuals would be appointed by the board through your regular
and routine procedures.
The purpose would be to -- for this committee would be to come
back to the Board of County Commissioners at the end of the summer
before your budget hearings to give you a recommendation as to
whether or not we should pursue the development of a habitat
conservation plan.
The development of the plan, we are recommending -- and the
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county manager hasn't seen it in our budget yet, but part of our budget
would be $75,000 in contractual services to hire a consultant to
develop this plan, because the plan has to go through a fairly extensive
federal public hearing process.
So the purpose of this committee would be to determine whether
that conservation plan would be feasible and whether the Board of
County Commissioners should -- will go or no go with -- have a
go/no-go decision on the habitat conservation plan in time for your
budget deliberations.
CHAIRMAN COYLE: Okay. Any questions by board members
before the public speakers?
(No response.)
CHAIRMAN COYLE: No? Let's hear from the public.
MS. FILSON: Brad Cornell. He'll be followed by Rich
Y ovanovich.
CHAIRMAN COYLE: How many public speakers do we have?
MS. FILSON: We have four.
CHAIRMAN COYLE: Everybody will get three except Rich
Y ovanovich.
MR. YOV ANOVICH: Six minutes?
CHAIRMAN COYLE: He'll get one.
MR. CORNELL: Good morning, Commissioners. Brad Cornell,
here with -- on behalf of Collier County Audubon Society.
And you may remember that in the listed species workshop held
about a month ago, this issue of seating an advisory committee for a
habitat conservation planning process came up, and several of you had
asked for more data to support, in particular, the status of Red-
Cockaded Woodpeckers here in Collier County to know which
direction they were going. Was it -- were they basically flat, were
they going down, were they going up, in terms of their population.
I've done some research on that issue, and on the visualizer you
will see a representation of Red-Cockaded Woodpecker clusters. A
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April 26, 2005
cluster is a group of cavity trees inhabited by one family, group of
birds. These were active clusters between the time of 1986 and 2004
that were documented by Gaza V ostishaga (phonetic), who wrote your
Red-Cockaded Woodpecker report for North Belle Meade.
And he has documented, and on this map, 30 clusters. All the
clusters west of 951 are now gone. So that would be 20 of the 30 are
gone. So in terms of the western parts -- habitat in the county, the
trend is pretty negative.
There are also no Red-Cockaded Woodpeckers --I consulted with
Kim Dryden with the Fish and Wildlife Service, who has also worked
with -- for 20 years or so with Red-Cockaded Woodpeckers here in
the county. She documents that there are no Red-Cockaded
Woodpeckers in CREW, in the Panther National Wildlife Refuge, in
the Fakahatchee Strand, in Collier Seminole State Park. Corkscrew
Swamp, I know, has no clusters, nor are there any in the Panther
Island Mitigation Bank.
Florida Fish and Game Commission, now the Fish and Wildlife
Conservation Commission, studied potential habitat for RCW s
throughout Collier County in its 1994 GAPS analysis, and almost all
of the habitat west of County Road 951 is now developed and gone.
So -- and that's further documented by Gaza's map.
The Picayune Strand, in 1991 Kim Dryden documented eight
clusters that were active, and now there are -- this would be south of
I-75. Now there are four clustered, so the trend there is also negative.
I do need to note though that the Picayune Strand State Forest is
a targeted area in South Belle Meade for restoration, and there are
plans for doing restoration on those public lands to try and get the
birds back, the population built back up in that area, but right now the
trend has been negative.
I also wanted to show you a map of North Belle Meade. If I may
have just another minute to present this data.
These are the clusters that are in North Belle Meade, and this is
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April 26, 2005
one of the main objectives for protecting the Red-Cockaded
Woodpecker on private lands. And that's, indeed, one of the reasons
you did and have commissioned the study on Red-Cockaded
Woodpecker in North Belle Meade, and there are -- you will see there
are six clusters, one of which is owned by the county itself.
I think all of this lends support to the idea of looking
comprehensively at the whole county, but one -- I'm sorry. One other
piece of information is that there are fewer than 35 clusters in Big
Cypress National Preserve, which is the largest population of Red-
Cockaded Woodpeckers in Collier County. That is not sustainable
without also protecting the private land woodpeckers, and that's been
corroborated by Jerry Jackson, who's a professor at Florida Gulf Coast
University, as well as Kim Dryden.
So I think all of these data lend a recommendation, and we would
recommend -- Collier County Audubon Society recommends that the
county proactively plan for protecting Red-Cockaded Woodpeckers
throughout Collier County, and to start that process, to seat this -- and
approve the establishment of an advisory committee on habitat
conservation planning.
MS. FILSON: Next speaker is Rich Yovanovich. He'll be
followed by Nicole Ryan.
MR. YOV ANOVICH: Just quickly, since Brad took my time.
I'm here on behalf of Signature Communities. They believe that
establishing the committee to study the feasibility of a habitat
conservation plan is a good idea. We hope that this will ultimately
lead to a broader range habitat conservation plan that will address
many Issues.
We believe that it will be a win-win for the county, the
environmental community, and the development community if we can
come up with a plan where we all know certainly where we can
develop, where we can't develop, and how we will develop in the
future.
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April 26, 2005
It will work out well for county projects, roadway projects and
other proj ects that the county may have. It will preserve
environmental issues and it will also allow the development
community to move forward.
We hope that you'll go forward and establish this committee. We
like the fact that it's a government-in-the-sunshine committee. And,
again, on behalf of the Signature Communities, Signature
Communities would hope that you will go forward with the proposed
committee.
CHAIRMAN COYLE: Thank you, Rich.
MS. FILSON: Nicole Ryan. She'll be followed by Nancy
Payton.
MS. RYAN: Good afternoon, Commissioners. For the record,
Nicole Ryan, here on behalf of the Conservancy of Southwest Florida.
And the Conservancy is also supportive of the establishment of a
committee to look into all these issues, the feasibility, desirability of
an HCP for Red-Cockaded Woodpeckers, and we also want to point
out that it's going to be very important to have a committee that's fair
and balanced.
In the proposed ordinance you look at having property owners
and developers in the environmental community involved in the
committee, and those are key groups that need to be part of this. But
we also want to make sure that there's an unbiased scientific
background and expertise that will be part of the committee and also
those that potentially have background in HCP planning.
So I'd like to maybe recommend that these technical exerts,
whether they live inside or outside the county, be potentially able to
be appointed to this. And I don't know if something like this needs to
be done right now. But we don't want to limit the technical expertise
that could be part of this committee, and we also need to really reach
out to those agency personnel that have tremendous background. And
even though they can't be appointed members, that they're there and
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they're part of the process as it goes forward. Thank you.
COMMISSIONER FIALA: May I just ask a fast question? Did
you want -- or these two people that you suggested initially, did you
want them to be like somebody who would be able to answer
questions that maybe the committee couldn't, but not a voting part of
this committee?
MS. RYAN: Well, I think it would be nice to have potentially
RCW experts that, if they don't live in the area, could still potentially
be on the committee, and I don't know how this committee would be
structured, but oftentimes you have to be a voting resident in Collier
County to be appointed to these committees.
So just a suggestion that you could broaden the scope of potential
applicants for the committee by looking farther out. And if there are
people with potentially a background in HCP planning or those that
have expertise in Red-Cockaded Woodpeckers, we want to make sure
that we're not excluding anyone from this committee. And then also
to have agency personnel that can't -- I don't believe they can be
actually appointed to a committee or they probably wouldn't want to
because of their agency links. But for them to be there at the meetings
and give input to the committee just as a participant but noncommittee
member.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Your final speaker is Nancy Payton.
And that would have to be, Commissioner Fiala, incorporated
into the resolution for me to advertise for someone that wasn't a
Collier County resident.
MS. PAYTON: Nancy Payton representing the Florida Wildlife
Federation, and I'm here to support what's before you today to
establish this committee to explore the feasibility cost and all related
issues of establishing a habitat conservation plan for Red-Cockaded
Woodpeckers and potentially expanding that to a multi-species
county-wide HCP.
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I thought that Nicole did bring up a good point about technical
experts, and I reminded myself that in the rural stewardship planning
effort there was a technical advisory committee, and that was
composed of agency people and other people that had the specific
expertise on a specific issue that could provide that to the Citizen
Advisory Committee, and that might be another way to explore
getting the input of agency people and other experts. So it's just
another option, but it is a good point to make sure this is a
science-driven project. Thank you.
CHAIRMAN COYLE: Thank you, Nancy.
Was that the last speaker?
MS. FILSON: Yes, sir, that was your final speaker.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: The resolution, the makeup of
the committee is pretty much based on special interest groups instead
of the citizens that we serve, and now we want to get outside special
interests on a committee?
But I -- Sam Tucker, my assistant, and myself did a lot of
research, because I feel that some information is not being provided to
the Board of Commissioners.
And on June 20th, 2004, it was stated in an article, Collier
County RCW s are in the dec -- on a decline in the urban area. And in
the Belle Meade, I grant you, that is happening.
But it -- what the experts fail to realize, and it was pointed out
here, that in the Big Cypress preserves where the biologists know
there's 59 family groups that produce 30 nestlings each year, and the
population might even increase, by biologist expert Deb Jansen.
So while we do have a decrease in the urban area, with Collier
County 80 percent in preserves, for some reason we're leaving those
details out. And the whole reason, I believe, as my party affiliation, is
that we should not create more unnecessary government, and I see this
as not only unnecessary government, but just the resolution alone
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doesn't -- isn't for the citizens of Collier County.
It is -- we have agencies that deal with listed species. We, in fact,
do deal with land uses such as boat ramp, marinas, protect the habitat
of manatees, we do have a gopher tortoise protection plan, and I guess
what really, really is offensive is when we receive, the Board of
Commissioners, from the Audubon Society, on -- when we try to
provide for the citizens, there are so many -- inhabitable deal-making
in Golden Gate Estates, and I'm talking about the interchange to where
we will support this if you buy up unit 53, the Winchester Head, create
a flow-way in Golden Gate Estates, and the list goes on and on and on.
And I think what we need to do with environment should be
sensible, what is good for all, not just one side. And I'm not going to
support this listed species, RCW listed species resolution or any
growth management plan amendments in the future for RCW
protection, because I don't see it.
And if the environmental community wishes to work with the
Board of Commissioners for betterment of all, I'd be more than open
to do -- look at some other species in the future.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I, myself, I think that's something
that needs to be addressed. When we have a cross-section of people
here that said they were in favor of looking at this, I think it's very -- I
think it's something that we need to do. I think we have an obligation,
as citizens, to make sure that we address habitat of Cockaded
Woodpeckers.
And I also think that when we do look at this, we have all
stakeholders involved in this and that we have an outside expert that
has that expertise in this particular area.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I support this issue, but one
thing I wanted to make sure of is that, you know, usually whenever we
put these committees together, right away you can almost name the
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people that are going to apply, and I would really like to see some
citizens there, just as Commissioner Henning mentioned, some
citizens there who don't usually apply but who are interested in
helping -- helping form the decisions for this committee.
I think it's great that we have an RCW expert as well as a
technical expert as a nonvoting member who would like to participate
and advise. But I don't want to see these people coming in from other
areas. One of the problems we have with so many committees is we
don't have -- we don't have a quorum as it is. And if somebody's
coming in from other areas anyway, I just -- I just don't want to see
that done.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. You know, it's
strange how these things go from one direction to another. The last
time this came up before, I was the only one who voted against it.
Commissioner Henning brought up some very good issues;
however, today especially I've seen efforts on the part of the
environmental community to extend themselves outward, especially
with the Ave Maria interlocal agreement and supporting it.
I have seen some cooperation -- initial cooperation taking place
on the Everglades interchange, however, that doesn't remove my
concerns over the possibility that we're going to march ourselves in in
the very near future with a listed species ordinance that will prohibit
us from building roads without spending many, many millions of
dollars or delaying something for generations to come.
But with that said, I have no problems with putting this
committee together. I assure you that there will be community
representation on there. There is a core group out there that is very
interested in the values that we're talking about for the roads that have
to be put into place, and they also care about the environment.
And from that core group, I think a lot of -- it's a number of
people you would know, and you may appreciate their being on there
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to protect the interest of the individual homeowners.
So in this particular case, I'm going to flip-flop from my present
-- from my past stance and I'm going to support it at this point in time
with the idea being that I do expect cooperation to continue and I do
expect for community participation in this. And if I don't see it, the
end result I won't accept.
CHAIRMAN COYLE: Well, I view this as a positive step, not a
negative one. You look back and you say, how did we get a Manatee
protection plan? Well, you know, we got together and we developed
one. How did we get a Gopher Tortoise protection plan? Well, we
got together and we developed one with outside -- with people --
members of the public and committee members advising us.
But it goes further than that. Having a plan is better than having
no plan at all. With no plan, nobody knows what to expect. There is
no certainty or predictability about what you can do. With a plan it
clearly specifies what can be done, and if you want to make sure that
you have the right to build needed roads and other infrastructure, then
you specify those kinds of flexibilities in the plan.
So I think it has a lot of advantages over our current process,
which is one of great confusion. We wind up arguing about it, we get
lawyers involved. We might even have to go to court in cases to solve
some issues with eagles. But if we had a plan, you know, it really
wouldn't be all that difficult. We'd know what we were supposed to
do.
So I would -- I would tend to support this. My only concern is,
Commissioner Fiala, I don't know that you really can tell who's going
to be on this, because I don't believe any of these people who spoke
here today can be on this committee. I don't think they would be on it
because it would be an instant conflict of interest for them. They
couldn't perform their jobs if they got on this committee.
COMMISSIONER FIALA: And she kind of said that.
CHAIRMAN COYLE: Yeah. And so we are going to have to
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think very long and hard about who we put on the committee, but it
must be balanced, and it's going to be tough getting the kind of expert
assistance that we have generally received from those people who got
up and spoke today, and we're not going to get it through this
committee as a result. But we can find people who can help us, and
they can still testify to the committee, so we can get that input.
So is there a motion?
COMMISSIONER FIALA: Yes, that's why--
COMMISSIONER HALAS: I make a motion.
COMMISSIONER FIALA: -- I have my button on.
COMMISSIONER HALAS: Oh, I'm sorry. Go ahead.
CHAIRMAN COYLE: Oh, okay, go ahead.
COMMISSIONER FIALA: And you're right, with no plan there
is no direction. You must have direction. I think our capable staff
will be able to guide this through to get the applicants for this, so I
make a motion to approve.
COMMISSIONER HALAS: I second it.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Fiala, second by Commissioner Halas.
Any further 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.
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously. And we are
breaking for lunch. We'll be back at 1: 15.
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(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Ladies and gentlemen, we're back in
seSSIon.
As you'll notice, we're a little bit late. The reason for that, the
Collier County Commissioners had lunch with high school students
today. We're doing their Know Your Government Day. And it's
always interesting for all of us, and we were a little bit late getting
back, but we are going to start now, and -
Item #9C
COMMISSIONER HENNING'S REQUEST TO DISCUSS AND
IDENTIFY ADDITIONAL FUNDING FOR OFF-SEASON
TOURISM ADVERTISING - FIRST MOTION WAS TO ACCEPT
OPTION #A: MOTION DENIED; SECOND MOTION TO
ACCEPT OPTION #B AND TO BRING BACK ORDINANCE TO
AMEND 92-60; THIRD MOTION TO RELEASE $500,000 FROM
TDC FUNDS FOR OFF SEASON ADVERTISING FOR 2005 -
APPROVED
MR. MUDD: Commissioner, earlier you made a decision as a
board to do item 9C before you start your Board of Zoning issues, and
-- that particular issue.
So this is 9C. It's Commissioner Henning's request to discuss and
identify additional funding for off-season tourism advertising in the
county.
CHAIRMAN COYLE: Okay, great. And Commissioner
Henning.
COMMISSIONER HENNING: Commissioners, this is not an
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old issue, but it is a new item, still recognizing and have a lot of
concern about our summer tourism. After all the storms that we had
last year, knowing that the groups are not going to flock to Southwest
Florida like they have in the past, that will affect all the different
categories of the tourism development tax, including our beaches,
museums, and promotion, besides the fact that it will affect a certain
sector of our community, it will affect the taxpayers of Collier
County.
So I am bringing back two different items. Option A, direct the
county manager to allocate a half a million dollars to the general fund
for additional off-season promotion. Option B is to amend the tourist
tax ordinance to allocate $500,000 of encumbered funds from
category A and C and transfer it into category B for additional
advertising needs.
I know that when we last talked about this issue, there were
concerns about allocation of beach access money in Collier County. I
forgot at that time to mention to the board over the past two years that
we have allocated two million dollars for beach and park access in
Collier County, and it was this board who stepped up and made that
change two years ago.
So with that, Mr. Chairman, I'd like for -- to ask our colleagues to
have some discussion on option A and B and take a vote to give
certain direction to our staff.
CHAIRMAN COYLE: Okay. We have seven speakers?
MS. FILSON: Eight.
CHAIRMAN COYLE: Eight public speakers.
Commissioners, would you like to hear the public speakers first?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Okay. Why don't we call the public
speakers first.
MS. FILSON: Okay. And is it going to be three or five?
CHAIRMAN COYLE: Three minutes.
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MS. FILSON: Tom While.
MR. WERT: I think he had to leave.
MS. FILSON: Ron Pennington.
CHAIRMAN COYLE: And we'll ask that you hold your
comments to three minutes, please.
MS. FILSON: And Mr. Pennington will be followed by Doug
Finlay.
MR. PENNINGTON: Good afternoon, Commissioners. I'm Ron
Pennington, chairman of the Coastal Advisory Committee. Once
again I'm before you to urge that you do not amend the tourist tax
ordinance to allow diversion of funds from those required for
maintenance of our beaches and inlets.
I'm here once again, many times over these years, defending
what the voters granted us to serve our beaches.
The CAC has advised you of our strong opposition from any
diversion of category A funds. The tourist tax ordinance as approved
by the voters 12 and a half years ago has withstood the test of time.
The proposed change to the ordinance is counter to the intent of the
voting public, and if submitted for their consideration, would most
surely be rejected.
The original two percent tax approved by the voters provided 25
percent for marketing and advertising with another 15 percent for
projects or activities to promote tourism.
The marketing and advertising is almost the same percentage
now; 23.266 percent of the first two percent tax.
In 1992, when enacted, the tax projection was three and a half
million dollars annually, providing $876,000 for tourism marketing
and advertising.
This, a record year, received 6.67 million from the first two
percent, yielding a record 1.55 million for tourism. You're being
asked to provide an amount equal to an additional one third of this
annual allocation for additional tourism advertising by taking it away
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from our beaches, primarily, and secondarily, our museums.
This will be money lost to our beach programs. To recoup the
$500,000 from the tourist tax would require an additional $16 and
two-thirds million in short-term rentals in the summer. This -- that 16
point two-thirds million at a guesstimated $125 per night would be an
additional 133,333 room nights. Hardly realistic.
I would add, advertising in Chicago and New York areas, as has
been proposed, and expecting those people to come to South Florida
in July and August, is also not realistic.
If you, our trusted Board of County Commissioners, and the
hoteliers believe more money should be spent to attract more tourists,
then I, again, submit it should come from the industry by imposition
of the fourth percent tourist tax. That could be used solely for
advertising and marketing.
I'm hopeful the majority of this board will agree the ordinance
should not be changed. Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: The next speaker is Doug Finlay. He'll be
followed by Ron Albeit.
MR. FINLAY: My name's Doug Finlay. Just here as a taxpayer.
Like many people, one of the many reasons I moved to Naples was the
beach. Another reason was the fact that our county had in place a local
funding source to replenish the beaches, something Jacksonville,
Florida, did not have.
Since moving here, that funding source has been under constant
threat of being raided by the hotel industry for extra advertising. Not
succeeding thus far, there's now a proposal before you to take 500,000
from the general fund for extra hotel advertising.
As you hear of the argument for this funding, there are a couple
of points I would like to make.
Unemployment. The unemployment rate in this county is the
lowest in the State of Florida. Finding ajob that can compete with the
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April 26, 2005
salaries and benefits of most hotelier jobs is not a problem here.
Unemployment is virtually a non-issue in this county.
Loss of revenue. After last year's hurricane threats, many people
throughout our area and many areas of Florida we thought would
suffer a loss of demand in this area. National news even showed a few
people leaving the State of Florida for good.
Well, as we all know, the exodus did not happen. In fact, based
on real estate market and growth projections, more people want to buy
in Naples and even Punta Gorda than ever before. Any perceived loss
of hotel revenue would prove to be a false one. People and tourists
still want to come here.
An attempt to take 500,000 from our county's general fund to
assist hotels like the Ritz-Carlton, the Registry, and the Marriott is an
improper use of taxpayer funds.
We certainly know that with all the growth, our sheriff could use
more money. It's quite popular in the reading of the paper this year.
We could also use the money to keep swimming park pools open 12
months a year or we could use it to run shuttles to our county beach
parks or any number of other things for better county services and
infrastructure.
The general fund is largely supported by property taxes. To set
the precedent of taking property taxes to help hotels like the
Ritz-Carlton is something few voters would approve of. Ironically if
the hotels wanted more advertising money, they could get it. All they
need to do is add an additional one percent onto their tourist room
billings, but as far as I know they've resisted this.
They would rather get the money from out of the beach fund, or
now from my property taxes. I don't want the Ritz-Carlton, the
Registry, or the Marriott or any hotel using my property taxes for their
direct benefit.
I read that fast to get it done in three minutes. Thank you.
CHAIRMAN COYLE: Thank you, Mr. Finlay.
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MS. FILSON: The next speaker is Ron Albeit.
CHAIRMAN COYLE: Albeit.
MS. FILSON: Albeit.
(N 0 response.)
MS. FILSON: Ed Staros.
MR. WERT: I believe he had to leave.
MS. FILSON: Samantha -- Samantha Todd. She'll be followed
by Scott Shoenberger.
MS. TODD: Good afternoon. My name, for the record, is
Samantha Todd. I'm here representing Greater Naples Chamber of
Commerce.
We applaud you, Commissioners, for your tabling the discussion
this afternoon. Whether you decide option A or option B, we would
support you in your discussions and we support Jack in all his effort.
I think the point the gentleman before me was making is valid in
some senses but in others, we need to look at summer trade. We have
had a good winter season, but the hotels have already seen a drop-off
in trade.
And many of our members, 80 percent of our Chamber
membership is made up of hotels and industries such as the hospitality
industry. We've already seen a drop-off of employment.
Group travel over the summer season is already -- bookings are
down, and we need to encourage that kind of business here for the
summer.
So on behalf of the Greater Naples Chamber of Commerce, we
would like to support your discussions in this matter and Jack's efforts.
Thank you.
CHAIRMAN COYLE: Thank you, Samantha.
MS. FILSON: Scott Shoenberger. He'll be followed by Debra
Newman.
MR. SHOENBERGER: Good afternoon, County
Commissioners. My name is Scott Shoenberger, for the record. I'm
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April 26, 2005
the managing director of La Playa Beach and Golf Resort, which is
part of the Ritz-Carlton, Marriott group, I guess, the hoteliers.
I think we need to clarify a few things here to begin with, and a
question keeps running through my mind, what came first, the chicken
or the egg, through this whole process.
Sitting through these various meetings that I've been --
unfortunate to hear all the banter back and forth, the conversation,
dialogue, or debate, and we continually hear things like, beaches sell
themselves, that there's a necessity for greater marketing that come
through additional tax dollars.
I'd like to say, first of all, that beaches do not sell themselves. If
that was the case, then we certainly would all be in much better
circumstances today and we wouldn't need a CVB.
Secondly, the CVB does more than service the hoteliers here in
Collier County. They serve the greater community as it relates to all
industries, as it relates to visitors, tourists, et cetera, not specifically
grouped.
Third, our marketing dollars that we appropriate from our hotel
focus on La Playa. We do not go out and market Naples as a
destination. Our objective is not to go out and sell for our competitors.
I feel very confident, although our group business is down
significantly -- and I think that everyone had heard that pretty
consistently through the last six or eight or 10 weeks that we've been
having these conversations -- and ours are down as well, and I cannot
speak for Ed or Ron or for the rest of the group.
But what I will tell you is that we feel very confident that we will
find a way, in some way, to fill our guest rooms. We will do that, and
we will do that at the expense of other smaller operations here that, in
all honesty, don't just employ, you know, various people, but they're
also locally-owned businesses.
I can feel very confident in that. We will do what we need to do
to maintain the infrastructure of our hotel, and I think Ed and Ron
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April 26, 2005
would say the same, maybe not the degree that we did last year.
Another thing to take into consideration is that our competitors in
Lee County are coming back in line. Those properties are getting
prepared to re-open right now through next year, and they will
aggressively, as a county and as hoteliers, go out there to promote
their destination and their hotels.
A fourth cent as it relates to taxation. The original way that I
understand the bed tax was set up was 60 percent for beach
restoration, 40 percent for marketing. Well, we've tried that
experiment, added another cent, and what we've seen is the marketing
dollars have been depleted as it relates to the total. Let's not skew that
as it relates to the original 2 percent. Let's look at the full 3 percent
spent.
And the reason that we are against adding a fourth cent is that
what that does is takes us directly out of competition as it relates to
state association business that comes in for the summer from the State
of Florida. They will not pay a 10 percent bed tax. They won't do it.
Finally is that if we are not attempting to do anything as it relates
to the summer to make a profit, ultimately what we've got to look as is
a reallocation of these dollars as it relates to what the original intention
was. And understand that really the museums should go back to the
general fund. The museums were not part of the original fund.
So I thank you, and -- thank you for your attention.
CHAIRMAN COYLE: Thank you very much.
MS. FILSON: Your final speaker is Debra Newman.
MS. NEWMAN: Good afternoon. I'm Debra Newman, and I'm
executive director of 5th Avenue South Association, and I represent
the merchants on 5th Avenue as well as the businesses and other
organizations that have an interest in downtown Naples.
We definitely applaud the CVB and their efforts in the last two
years. We have definitely reaped the benefits of what they've been
able to do to offset the tourism that we see, you know, from season to
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April 26, 2005
the summer, and our summers' been much busier.
I understand that last year we did have a surplus with the bed tax
because of people coming here during the hurricane, and I know that
Jack and his staff and myself participating on the state level with the
main streets as well as the national organizations, there is a sense that
there is problems down in this area, and there may be, and we see that
there is less bookings and such coming into the summer season.
So I believe that we really, as a commission, that you really
should look at allocating some funds this year to be able to offset
some of the problems that we might experience. Because what we're
looking at with the merchants is we want to keep customer service
levels high not only for our tourists but also for our residents.
I think our residents do enjoy a level of service, and what
happens in the summertime if we don't get the patronage, is many of
our businesses have to layoff staff, then they start all over. So in order
to keep our year-round residents employed happily, I think it's
important that we support the CVB. I believe they're the experts in
their field, and they wouldn't be asking for this if it wasn't necessary.
Thank you.
MS. FILSON: That was your final speaker.
CHAIRMAN COYLE: Last speaker, okay.
Commissioners? Commissioner Henning?
COMMISSIONER HENNING: You know, I -- you know, the
historical perspective of the tourist tax -- and I don't know if this really
needs to be said, but it was a 60/40 split; 60 for the beaches, 40 for
promotion. Now the promotion is 16 percent. I mean, numbers and
percentages we can always skew, but it doesn't do us any good.
General fund money is not just property taxes. It is also shared
sales tax revenue that comes into Collier County from the State of
Florida. It has been noted today that there are billions of dollars
coming into the State of Florida from tourism.
We do -- I think the tourists do pay more than their fair share,
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April 26, 2005
recognizing that the potential of losses of funding for the summer, I
want to continue for the tourists to pay more than their fair share by
promotion and keep the employment of that certain sector up.
So A or B, I don't have a preference. It's whatever the majority
of the commissioners want to do. I think we need to address this issue
and not stick our head in the sand.
CHAIRMAN COYLE: Then -- let's get a procedural issue then
out of the way since we have two choices here. The option B will
require a modification of the ordinance.
MR. MUDD: Yes.
CHAIRMAN COYLE: David, okay? You following me.
MR. WEIGEL: I am. We're preparing.
CHAIRMAN COYLE: The issue of the modification of the
ordinance was solved at our last meeting, and that motion failed.
Now, this item cannot be brought back to this meeting by
Commissioner Henning.
MR. WEIGEL: Well, the reconsideration of a prior matter, yes,
is governed by the reconsideration ordinance. If proposition -- the
option B here is distinguished from what the board voted upon
previously, then it falls outside of reconsideration.
I believe that Mr. Henning is indicating there is a distinction to be
made from the prior votes of the board, if I understand him correctly.
CHAIRMAN COYLE: Well, I -- I really don't have a problem
doing this except for one thing, it sets a precedent that we have to be
very careful about. Changing the dollar value is not really changing
the motion. The motion was to change the ordinance, and that issue --
that motion failed.
MR. WEIGEL: Yeah.
CHAIRMAN COYLE: And merely changing the amount of
money to be allocated from 700,000 to 500,000, in my estimation, is
not a material change in the motion.
So my real question is, I'm not interested in even trying to block
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April 26, 2005
a debate on this issue. What I'm interested in doing is making sure that
there is good sufficient legal reason to do this this way without setting
a precedent that is going to cause us difficulty in the future.
MR. WEIGEL: Okay. Well, I understand the question. I don't
think the reconsideration ordinance is talking about subj ect matter
blockage, if you want to call it that.
And I think that even at the prior meeting commissioners then
and -- there and voting could have brought additional incremental
variations if they'd chosen to do so, and I think that this is no different
in the sense that there -- if there is a distinction to be made
substantively in dollars or some other factual distinction, I would be,
I'd tell you, hard-pressed to say to a commissioner or this commission
you cannot revisit the matter again. But the exact matter voted on
before with precision, I think, runs into a block with our
reconsideration ordinance.
So to the extent that there is a distinction being made here today,
it's subject to the entertainment of discussion and motion, which may
or may not receive second, mayor may not ultimately be adopted with
second.
But I can't say that it's -- what I've heard so far that -- it's a matter
that cannot be discussed. And I believe option B is distinguished from
__ a bit from the agenda item that was up before. And I have the
agenda item from before, and I reviewed it -- you know, am reviewing
it closely just for this kind of question. And as phrased, I think there
is a distinction.
CHAIRMAN COYLE: Okay. And just the last question, please
tell me what that distinction is.
MR. WEIGEL: Okay. The distinction is -- Heidi, you want to
stand here? The distinction is --
MS. ASHTON: What went forward on April 12th, agenda item
8A, was a combination of amendments that included the museums,
whether they be public or private, the amount of allocations, whether
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April 26, 2005
that be, you know, increased or decreased, whether it's public or
private, and it also addressed using surplus funds that were not
previously budgeted in the previous budget year to be used for
advertising. That was the third issue.
An amount was not, you know, specified in the ordinance. It was
intended that that would come back at a future date to determine the
amount.
I'm not clear on the uncommitted funds, what's being requested,
whether or not they're seeking reserves from other categories or
whether it's seeking solely the surplus funds.
I think Mr. Weigel's suggesting to you today that the proposal,
having so many elements last time and being changed this time in
capping the amount and also not clear whether you're talking about
surplus funds or reserved funds, that there's a significant enough
distinction that you could go forward today if you desire.
CHAIRMAN COYLE: Okay. Then I don't -- I disagree with
you, but I don't have any problem hearing the issue, okay.
The issue was actually broken into two motions, and one motion
was specifically for the change modification of an ordinance and did
not speak to any of the other issues. But nevertheless, I just want to
make sure we're not getting ourselves in trouble with respect to future
issues similar to this.
So we've got two options, A or B. Commissioner Henning has
explained them to us.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Being that we're not even
voting on an ordinance and we're voting for different pots of money, if
you will, I'd like to make a motion that we use option A, $500,000
from the general fund reserves to promote -- to apply to tourism
promotion for this summer on a one-year basis only.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, I have concerns with that,
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April 26, 2005
to be honest with you, from the general fund. If we're going to do
that, I would just as soon wait till we go through our list of unfunded
priorities so we could stack it all up against anything else.
COMMISSIONER FIALA: May I tell you why I said that
though? Commissioner Henning, when he was explaining, did explain
__ and I thought this was very well done -- that tourism tax dollars are
going in there, tourism sales tax dollars, and I would much prefer to
see our museums and beaches continue to be funded with all the
surplus, and I'd rather see it taken out of tourist tax dollars in whatever
form it is, even if it's sales tax.
COMMISSIONER COLETTA: We're talking about a surplus
that's in there over and above what's needed to do the museums, and
tourist taxes -- I think that's where it should come from, and I agreed
before to do that, and I would agree again. But you've got to
remember that as far as the sales tax argument goes, every single
business out there pays sales tax, and they all -- they're not here today
to be able to fight for their end of the whole thing.
So it's kind of hard to balance something against it. Tourism
dollars and tourism tax is directed toward tourism items, and this is
about as tourism as you can get. It helps to grow the industry. I could
go for option B, but I would have a hard time with option A.
CHAIRMAN COYLE: Okay. Well, just to let you know where
I am on this thing, I think we need a permanent solution to this
business. Rather than having Jack Wert have to come in and fight
every year whenever some occurrence or some event occurs which
causes a potential downturn in tourism during the off-season, we need
to have a permanent solution to this to create a reserve for this
particular purpose, as we have in the past.
And if I remember correctly, we do have a reserve for this sort of
thing right now. It's nowhere near $500,000, but it's somewhere in the
range of $200,000, if I remember, or is it 300,000? All right.
So there's $300,000 sitting there right now which we could direct
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April 26, 2005
that they use without changing anything. Now, the question is
whether or not that would be enough. I suspect the argument would
be, no, it won't be.
But we need to work on a permanent solution, and I don't think
we've even approached that yet, and we're talking about Band-Aids for
something we don't even know is going to happen. And I'd like to see
us direct staff to give us some alternatives about a long-term
permanent solution to this particular problem so that the allocation of
money will not be a major issue of argument in the future.
Commissioner Henning?
COMMISSIONER HENNING: And I understand,
Commissioner Coyle, yesterday, that the Tourist Development
Council recommended an extra penny for promotion only.
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: But I can tell you, that's not
going to resolve the issue of this summer.
CHAIRMAN COYLE: It will not.
COMMISSIONER HENNING: And I can tell you that we have
to depend on certain people's input, our staffs input, public's input,
and they're telling us that we're going to have a problem this summer.
So if we -- my feeling is, if we ignore the industry, how are we
going to get the industry to support an extra penny for promotion
when we've already taken away more and more of their money?
I shouldn't say their money, the allocation for promotion. And I
don't think that's -- we're not going to get where you ultimately want
to get on this issue.
I'm going to make a motion to approve option A, direct the
county manager to allocate $500,000 from the general fund reserve for
additional off-season promotion, and within my motion is direct staff
to bring back to amend the ordinance, 92-60, to repay -- amend the
ordinance to repay back the general fund $500,000 from category A
and C, so that encompasses and protects, I think, some of the concerns
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April 26, 2005
from -- not only the industry, but from some of the commissioners.
CHAIRMAN COYLE: I have a question of legal staff as to
whether or not that is legally possible.
MR. WEIGEL: Okay. First there was a motion made and didn't
have a second, so it either needs to be queried if there is a second, and
if not, then fails for lack of a second, unless the first motion is
withdrawn, and then secondly is to respond to the legal question, if
this is appropriate or legally sufficient to utilize different funds to
make one fund whole.
Can you help me on that?
CHAIRMAN COYLE: While you're sorting that out, let me ask
Commissioner Henning, was it your intent to link those two motions
to get the 500,000 from the general fund and also to have the tourist
tax pay that money back? Were those supposed to be linked?
COMMISSIONER HENNING: Well, however legally sufficient
you can make that happen.
CHAIRMAN COYLE: Okay. All right.
MS. ASHTON: Well, I think, if I'm understanding what you
want to do correctly, that it would essentially be a loan from the
general fund which you want to repay with category A and category C
funds, which would require an ordinance amendment to be allowed to
use that for advertising and promotion.
So it would still require a similar ordinance amendment, only the
language would be different.
CHAIRMAN COYLE: Is it possible to do that, to grant a loan
from the general fund that will be ultimately paid back from another
fund? That's the key question.
MS. ASHTON: Well, the main prohibition is if you're using ad
valorem taxes to repay. I'm not aware of a limitation in the tourist
development tax ordinance, but I would need to research that prior to
the advertisement of the ordinance.
CHAIRMAN COYLE: Okay. So we do have to split them apart
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April 26, 2005
then, because you're going to have to advertise an ordinance, whereas
on Commissioner Henning's first motion on Option A, we can act
upon it today; is that correct?
MR. WEIGEL: Yes, you could act on that today, you know,
separate and apart from the second aspect of paying that fund back.
Obviously, you could, if you chose, indicate on the record, that that is
an intention.
Nothing, of course, happens in that regard until an ordinance is
advertised -- amendment is advertised and heard and decided upon by
this board at a public hearing, and no one can state ahead of time what
the board may do at that particular time.
So by taking an action today and committing the $500,000 from
the general fund does not guarantee at this point in time that, in fact, it
will be repaid, because we don't guarantee ordinances are passed until
after they're heard and decided at the appropriate meeting later on.
CHAIRMAN COYLE: Okay. Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: I think Commissioner Henning
might be onto something, if we can tie them together in such a way
that it's contingent that the money does end up coming from the tourist
development tax fund to be able to replenish the general fund.
I kind of question why we're going through this extra step other
than the fact to let them know we're serious about doing it. You're still
required to do both of them if that's the case. I'm not too sure. Would
you explain that to me?
COMMISSIONER HENNING: The purpose and intent of my
motion is to cover all bases. If -- we all know it takes a supermajority
to amend an ordinance. So if that fails again, then it would be covered
under the general fund.
COMMISSIONER COLETTA: Okay. That's what I thought. I
see where you're coming from on that.
Why can't we -- why is item B such an objectionable way to go
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April 26, 2005
when we go back through the process and pick up where we left off
the last time? We were only lacking one vote.
COMMISSIONER HENNING: That's what it takes.
COMMISSIONER COLETTA: I'm sorry. I'm just asking
questions because I thought you were onto something, but I kind of
question whether I want to jeopardize $500,000 of the general fund.
COMMISSIONER HENNING: Well, you have over $6 million
dollars -- since we settled the issue with the sheriff, you have over $6
million from the general fund that's not being used, and I don't know
what you -- what kind of votes that you need to reallocate those funds,
whether it's a simple or a supermajority, but--
COMMISSIONER COLETTA: I mean, in all fairness --
MR. MUDD: Simple.
COMMISSIONER HENNING: It's a simple majority.
COMMISSIONER COLETTA: In all fairness, shouldn't that be
part of the UFR list so we take a look at everything?
COMMISSIONER HENNING: Commissioner, again, I have
real concerns. We need to give Jack some money so he can get rolling
with his promotion for the summer trade, which is just right around
the corner.
CHAIRMAN COYLE: Okay. We have a motion. Is there a
second?
COMMISSIONER HENNING: You want me to clarify my
motion?
MR. WEIGEL: There potentially were two motions on the floor,
and there can only be one heard and determined first. So why don't
you do the first one first, and then after that vote, you may bring up a
second.
COMMISSIONER FIALA: By the way, I withdraw my other
motion. You had asked me to do that, right?
MR. WEIGEL: Well, I thought Mr. Henning had made two
motions actually. First--
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April 26, 2005
COMMISSIONER FIALA: Well, he did. I had made one, and
then -- so, and you said withdraw that, so Commissioner Henning then
made another.
COMMISSIONER HENNING: Right.
MR. WEIGEL: Okay, yes. Mr. Henning--
COMMISSIONER HENNING: Are you calling the, Mr.
Chairman, the motion?
CHAIRMAN COYLE: No. You suggested you might clarify, so
I would ask you to do that.
COMMISSIONER HENNING: Okay. The clarification is, we
have two motions, one being that -- take $500,000 from the general
fund reserves and allocate it for promotion, and then the second
motion would be, or is, amend the tourist ordinance to take $500,000
from A and C to repay back that loan.
CHAIRMAN COYLE: Okay. Is there --
COMMISSIONER FIALA: Can I ask a question on that motion?
CHAIRMAN COYLE: Sure, please, go ahead.
COMMISSIONER FIALA: Okay. On the second portion of the
motion -- and I understand there's going to be two -- could we pay that
back through excess funds?
COMMISSIONER HENNING: You have two unallocated funds
within the tourist development. You have reserves and you have
unencumbered.
COMMISSIONER FIALA: Yeah.
COMMISSIONER HENNING: So at that time, when the
ordinance comes back, I think we can take a look at that.
COMMISSIONER FIALA: Okay. So your first motion is to pay
the $500,000 now out of the general fund, right?
COMMISSIONER HENNING: Right.
COMMISSIONER FIALA: I'll second the motion.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning to direct the county manager to allocate
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April 26, 2005
$500,000 from the general fund reserves for additional off-season
tourism promotion, a second by Commissioner Fiala.
Is there any discussion by -- Commissioner Halas?
COMMISSIONER HALAS: Yes. I have some concerns
because I think on our UFR list, we have some very important items,
and I think that in all fairness these are tax dollars that all the citizens
of Collier County pay towards, and I feel that this should be done in a
fair way that we address all of the UFRs at one time, so therefore, I
cannot go along with this motion.
CHAIRMAN COYLE: Okay. Any further discussion by the
board members?
(No response.)
CHAIRMAN COYLE: I'll call the question. All in favor of this
motion, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Those opposed, by like sign.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
So it fails, 3-2, with Coyle, Coletta, and Halas dissenting.
MR. WEIGEL: No, that passes 3-2. It passes 3-2 because it's not
an ordinance vote, such as amending the TDC --
COMMISSIONER HALAS: No, no. We voted no. It was on the
nay side.
MR. WEIGEL: Pardon me. Oh, I'm sorry. I thought I heard
three on the aye side.
CHAIRMAN COYLE: No. You only heard two on the aye side;
three on the nay side.
MR. WEIGEL: Thank you.
CHAIRMAN COYLE: Now, do you want to go to option B
now, Commissioner Henning?
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April 26, 2005
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Okay. You want to restate that motion?
COMMISSIONER HENNING: The motion is to amend the
tourist tax ordinance to allocate the $500,000 for beach -- or for
tourism -- summer tourism promotion out of category A and C.
CHAIRMAN COYLE: Okay. There's a motion to modify the
tourist tax ordinance 92-60 to permit $500,000 of uncommitted funds
from categories A and C to be transferred to category B for additional
advertising needs.
Once again, County Attorney, I need some legal guidance here.
Is this something where we should provide the staff guidance to bring
back to us an amended ordinance so it can be properly advertised?
MR. WEIGEL: That is correct.
CHAIRMAN COYLE: So the motion would have to be
amended then to direct staff to come back to us with an appropriately
amended ordinance; is that correct?
MR. WEIGEL: That is correct.
COMMISSIONER HENNING: That's my motion.
CHAIRMAN COYLE: Okay. If that's all right with the
motion-maker.
Is there a second?
COMMISSIONER COLETTA: I'd be willing to second it for
discussion purposes.
CHAIRMAN COYLE: Okay. There's a second by
Commissioner Coletta, and then Commissioner Coletta has a question.
COMMISSIONER COLETTA: Yes. Is this basically what we
did before when we had the failed vote? I mean, is there anything
different in what we just put together? We went through this whole
process before. We arrived at a scenario of how it was going to work.
Is this the same way?
CHAIRMAN COYLE: I would suggest to you that it's the same
way except for the amount of money.
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April 26, 2005
COMMISSIONER HALAS: Yep.
MR. MUDD: I believe the original figure last time was
$638,000, if my memory serves my correctly. This is for $500,000.
COMMISSIONER COLETTA: Okay. Then my second stands.
CHAIRMAN COYLE: Okay. Then we have a motion by
Commissioner Henning and a second by Commission Coletta to
amend the tourist ordinance as stated.
Any further discussion by commissioners?
Commissioner Halas?
COMMISSIONER HALAS: Does this take a supermajority?
CHAIRMAN COYLE: Yes, it does.
COMMISSIONER HALAS: Okay.
MR. MUDD: No.
MR. WEIGEL: Not at this time.
CHAIRMAN COYLE: No, no, no, not to direct the staff.
MR. MUDD: Direct the staff is a simple majority. When the
ordinance comes forward, it has to be supermajority.
CHAIRMAN COYLE: Yep, that's it.
COMMISSIONER FIALA: I have one more question.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Will this money get to Jack fast
enough to do any good? I mean, if it isn't going to do any good
because of the procedure we have to go through, then it's kind of silly
for us to go through this exercise.
MR. WERT: Jack Wert, tourism director, for the record. The
process, as I understand it, County Attorney, that right now as we
stand we do not have enough time to advertise for the next county
commission meeting. So it would -- it would be a month hence, so we
would be end of May before that would happen.
We're getting pretty late. I really -- I'm already launching
advertising now trying to combat the problem, so we're getting later
and later. Certainly anything would help, don't misunderstand me, but
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April 26, 2005
it does get pretty late in the process to do that. But certainly we would
be appreciative if we could get additional funds.
CHAIRMAN COYLE: Could I suggest a compromise, that we
provide staff guidance to authorize you to use $300,000 in reserve
funds that are available right now to do this?
MR. WERT: Actually, what we're talking about are the
emergency advertising funds, which is a separate category, and
actually I just checked the other day. In that whole fund I believe we
have about $800,000. Not -- and I wouldn't want to certainly earmark
all of that, because we may need that if we had a storm this summer.
But certainly you could say 500,000 from that, the same amount that
we're talking about here from that fund, and we would be able to use it
right away.
CHAIRMAN COYLE: See, that's the question I asked the last
time we met, and I got the impression that there wasn't enough money
in that --
MR. WERT: There is enough money in that fund to do that. So
we could do the like amount, which, frankly, we really do need the
500,000.
CHAIRMAN COYLE: And it is earmarked specifically for
advertising, or it can be used specifically for advertising?
MR. WERT: It is specifically for advertising for emergency
purposes. You have to say, this is, in light of the fact that it looks like
we have an emergency situation this summer based on last summer's
hurricanes.
CHAIRMAN COYLE: Based on what the hoteliers are telling
us, it sounds like an emergency situation, and it was caused by a
catastrophic event last year, I mean, not here, but it affected the
tourism here.
MR. WERT: Yes, sir, it did.
CHAIRMAN COYLE: So it would appear to me to meet the
definition of emergency expenditure, David? What do you think?
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April 26, 2005
MR. WEIGEL: I think so.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Where are these funds going to fall
out of the sky from? What funds are we talking about here?
MR. MUDD: In the TDC funds you have an emergency
advertising pot of money, okay, in case we have a hurricane, we get
hit, you basically have to tell the folks that want to come here that our
beaches are cleaned up, we're okay, you can come here, because they
will see the hurricane come, and then all of a sudden there's a void
with folks showing up. So that money's set aside to recover from that
hurricane.
COMMISSIONER HALAS: My question is, I hear all this
rhetoric out there that people aren't coming, but we really don't know
that. And we've had these -- some of these hoteliers that spent large
sums of money and they still haven't gotten anything.
So I can't see where -- we're throwing $300,000 out there, that
we're going to accomplish anything better than what the hoteliers, who
have an advertising budget -- and they also have a lot of people that
are involved because these are chain hotels. I've got a real concern
about this in regards -- and we're only looking at -- I don't see the
hotels or the motels that are inland that are jumping up and down
saying they've got a problem. All I hear is the people that are on the
beaches that have the biggest problem.
COMMISSIONER HENNING: Commissioner, if they felt that
they had voices on the Board of Commissioners, I think they would
communicate with you, and they communicate with me all the time.
COMMISSIONER HALAS: I think they've always got the voice
on the --
COMMISSIONER HENNING: I hear from them all the time. I
talk to quite a few inland establishments.
MR. WERT: Mr. Chairman, if I could just make one comment
related to Commissioner Halas' question about the other hotels. And
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April 26, 2005
Scott Shoenberger from La Playa, and I think in his remarks, indicated
__ and this is true. His property, the Ritz, the Registry Resort, they
advertise their own property. They don't really advertise the
destination.
Our advertising on the other hand, is all destination oriented, and
what that helps are all of the -- you mentioned the inland properties. It
certainly does that.
All the small and medium-sized properties that don't have an ad
budget rely specifically on our advertising because we're advertising
the destination. That's what's going to bring them business this
summer.
When I advertise, stay four nights and get the -- stay three nights,
get the fourth night free and those hotels are participating in that
program, they are the direct benefactors of our advertising. And the
big hotels, they don't do that. They simply advertise their property as
a destination.
COMMISSIONER HALAS: But they either have Marco Island
or Naples, Florida.
MR. WERT: Oh, sure --
COMMISSIONER HALAS: Well.
MR. WERT: -- they do, but they aren't talking about the
amenities outside of their hotel is what I'm getting at. They aren't
going to talk about the museums, they aren't going to talk about the
Everglades. They aren't going to talk about all the other -- the
shopping, the dining that we have in this community that really makes
us a destination far and above many others. It's not just our beaches.
It's not just our hotels. It's all of those together.
CHAIRMAN COYLE: But Jack, here's the problem. You don't
know if there's going to be a shortfall this summer. It maybe won't be
as good as last summer because you don't have people rushing here
from other areas that were devastated by hurricanes.
But this additional advertising program was originally a pitch to
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us as a program that was necessary to convince potential visitors that
we had not been destroyed by the hurricanes last year, that this was
still a good place to come. It wasn't to advertise the destination. It was
to advertise that the destination is still alive and functioning and well.
And our concern, at least the concern of some of the
commissioners, has been that millions of dollars have been poured
into advertising by hotels in the Naples area assuring people that those
hotels still exist, that they're still in good shape, that they're ready to
receive visitors all year round and that the expenditure of 3- or 4- or
$500,000 is not going to make a bit of difference one way or the other.
And that has been what is at the bottom of this -- of at least my
reluctance to just throw money at this problem and not understand
exactly what we're going to solve as a result of it.
But when we get into that argument, we get back into a circular
argument that says, oh, but we're not really advertising the destination,
you know, or we are advertising the destination, whereas, the others
are advertising hotel. It's all very confusing, and quite frankly, mostly
a lot of conjecture.
But I would recognize your superior knowledge with respect to
these issues over mine, and I have no problem providing you some
emergency funds out of your emergency fund reserve if that's what it's
there for. It won't deprive anybody else of any money. The beaches
will get the same amount of money, the museums will get the same
amount of money.
But the last -- the last presentation you made to us showed that
your expenditure of $639,000 or so would not generate enough tourist
tax to replace the expenditures.
So we -- and I understand the impact on sales tax would be very
positive, okay, but there would not be any -- a complete payback of
the tourist tax revenue, which leaves the tourist tax funds short of
where they were before, and that's a little troublesome, because you've
got to replenish your reserve somehow.
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April 26, 2005
So in any event, we do have a motion on the board (sic) by
Commissioner Henning to modify this ordinance. We have not taken
a vote on it yet, or did we?
MS. FILSON: No, you got a second.
COMMISSIONER HENNING: There was a second.
CHAIRMAN COYLE: We did have a second. Commissioner
Coletta seconded it for discussion purposes only, but I presume your
second is still good?
COMMISSIONER COLETTA: Yes, but I'm sorry. And I hate to
keep adding to this process. I am concerned about the time delay
we're going to have. A couple questions I've got. How many people
would it take to approve releasing part of that emergency fund for -- to
be able to implement the program until May when we can vote on this
ordinance?
MR. WERT: Simple majority, three.
COMMISSIONER COLETTA: How many?
MR. MUDD: Simple majority.
COMMISSIONER COLETTA: Three votes. Okay. Then I
would like to see it added to the motion that we -- well, no that would
be a separate motion. No, it still takes three votes. It would be the
same thing. Could we add to the motion the fact that we would allow
a portion of the reserves to be able to be used in the interim, or would
that be --
CHAIRMAN COYLE: Can I make a suggestion?
COMMISSIONER COLETTA: Please, I'm looking for it.
CHAIRMAN COYLE: I think you stand a better chance of
getting something approved if you split them apart. If you lose on
option B, that is changing the tax ordinance, you would also lose on
use of these things. So if you split them apart and had two different
motions, you have a better chance of winning.
COMMISSIONER COLETTA: I see what you're saying. In
other words, if the motion goes through for 500 --
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April 26, 2005
CHAIRMAN COYLE: Yeah,
COMMISSIONER COLETTA: -- send it back, bring it back to
the commission, which is -- okay, fine. I agree with you. You're
right, Commissioner Coyle.
CHAIRMAN COYLE: So we'll vote on Commissioner
Henning's motion, but he has a question or a comment he wants to
make.
COMMISSIONER HENNING: I'm sure that we can -- and we
should discuss that, the issue about using emergency promotional
funds, but it's going to bring up a whole different discussion.
COMMISSIONER COLETTA: That's true.
COMMISSIONER HENNING: And I think it's probably worthy
of that, of having it advertised so that the public can come and talk
about it, but --
CHAIRMAN COYLE: Okay. Then I'll call the motion that is on
the floor.
COMMISSIONER FIALA: Well, I have one more fast question.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: So if we approve this motion, it will
take us longer to get the dollars, whereas, if we would approve a
motion to come out of reserve -- or out of emergency funds, we would
have those funds immediately?
MR. WERT: That's correct.
COMMISSIONER FIALA: Okay.
MR. MUDD: So the motion on the floor is to direct staff to come
back with changes to the tourism ordinance in categories A and C in
order to make -- or to have $500,000 in order to advertise this summer
one time only.
CHAIRMAN COYLE: That is correct.
Now, all in favor, please signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
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April 26, 2005
CHAIRMAN COYLE: Okay. All opposed, by like sign.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: So it fails, 3-2.
COMMISSIONER HENNING: Now we're getting worse, Jack.
Actually, we were 3-2 before, now we're 2-3, and--
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: I'm not -- I don't have any other
motions.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Then I'll make a motion.
COMMISSIONER HENNING: And I can tell you that -- really
chancy if you're using emergency funds.
COMMISSIONER FIALA: Why?
COMMISSIONER HENNING: We can have that discussion
when it comes up, but I think you'll have a lot of people from the
industry talking about that.
CHAIRMAN COYLE: Commissioner Coletta has a comment or
a motion.
COMMISSIONER COLETTA: Well, first a question to Mr.
Weigel, if I may. You see where we're heading with all this, Mr.
Weigel.
MR. WEIGEL: I do.
COMMISSIONER COLETTA: Is this a possibility that a motion
could be made to release emergency funds to be able to make this
program somewhat viable? Could it be done at this meeting, or is it
something that has to be advertised for a future meeting?
MR. WEIGEL: No, it can be done at this meeting. And again,
part of the motion -- discussion and motion in pulling it from
emergency allocation, emergency reserve, should be a finding of the
board in the motion that an emergency, in fact, does exist, and that it's
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April 26, 2005
in the public benefit to do such action as you're contemplating.
COMMISSIONER COLETTA: Okay. Then at this time I'd like
to make a motion that it is in the public's best interest and that it's
recognized as an emergency to the economy of Collier County, that
we release from the emergency funds -- now, before I go any farther,
the amount's the question. We only got six hundred some thousand
dollars in there.
MR. WERT: About 800 now.
COMMISSIONER COLETTA: How much?
MR. WERT: About 800,000 right now, yes.
COMMISSIONER COLETTA: Eight hundred, okay. Tell me if
I'm wrong on this. If we were to release up front something like about
250, and then come back at another meeting shortly down the road
when we get a chance to evaluate any other options that we have and
ask for another 250, would this all work in helping to keep the
program moving forward?
MR. WERT: Yes. And let me just defer quickly to my ad
agency.
We could phase in that buy?
Okay . Yes, that would work, sir.
COMMISSIONER COLETTA: So then I make the motion for
$250,000 to be removed from the emergency funds for the summer
advertising program.
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Commissioner Henning has a question.
COMMISSIONER HENNING: No, I have a comment.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Why don't we wait to bring this
up till the next meeting, because we already had the public speaking,
and like I said, this brings up a whole set of other issues with taking
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April 26, 2005
from the emergency funds?
COMMISSIONER COLETTA: And I understand your
concerns. Let me ask Jack that question. Jack, what would the
difference of two weeks mean? Would it be something that would
raise great difficulty? I mean, we were talking about a way of trying
to come up with a way to kick -start this program now. Would two
weeks throw it off quite a bit?
MR. WERT: Two weeks would not be as effective as it will be
now. But yes, we could wait two weeks.
COMMISSIONER COLETTA: Okay. Then my motion stays as
it is. If the chair wishes to call people back for further comments, I'm
willing to sit here and listen.
CHAIRMAN COYLE: Is there a second?
COMMISSIONER FIALA: Yes, I seconded.
CHAIRMAN COYLE: Commissioner Fiala.
COMMISSIONER FIALA: And I'd love to hear what
Commissioner Henning's concerns are, because I must not be
understanding them.
COMMISSIONER HENNING: Well, the emergency
advertising, like Jack said, we used it in 2001 because of the --
MR. WERT: We did, after 9/11.
COMMISSIONER HENNING: -- 9/11, and, you know, in case
of a hurricane or multiple hurricanes, that's what the anticipation was.
MR. WERT: Right.
COMMISSIONER HENNING: The -- and I don't know if you
had really -- time to really study this issue and make
recommendations, and that's why I think it's worthy of bringing back
for consideration at a further meeting. And we had several people
from the industry here. They went about their business, and we have
some folks here that had some input but now they don't -- this is
something brand new and we can't get their input or -- well, I guess
that's up to the chair whether he wants further input.
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April 26, 2005
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. If I may suggest, I assure
you that if we had something happen to our -- to our area, a
devastating hurricane, and if we couldn't generate extra funds
someplace, we would either manipulate the available funds that are in
the tourist development account or we would go to the general fund as
we were just trying to do a few minutes ago. I'm sure that the
members of this commission would be more than sympathetic to the
needs of the industry if such a devastating event ever befell us.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Jack, do you think that would
be a problem with the industry?
MR. WERT: To spend the emergency funds now?
COMMISSIONER FIALA: Yes.
MR. WERT: No, I don't think so, because I agree with
Commissioner Coletta, I'm sure that we would find a way if we had a
maj or problem to find it. And I might say, one of the other times that
we used those emergency funds was right after Charley where there
was a decided misinformation campaign out there that we had as much
damage as our neighbors did, so we used a little bit of that, and we
used it on the CNN headline news and some other places. It did make
a difference. It did keep our occupancy up right after the hurricane.
So I think --
COMMISSIONER COLETTA: With the chair's indulgence, if I
may. After listening to what I just heard and the fact that $250,000
isn't going to do it, and the only reason I was bringing it back in two
increments was to have more input from the public, since that input
from the public is not going to be meaningful, I would like, with the
chair's permission, to amend my motion to the full 500, 500 million
(sic) -- 500,000.
MR. WERT: I'll take it, I'll take it.
COMMISSIONER COLETTA: $500,000.
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April 26, 2005
CHAIRMAN COYLE: The motion is to authorize you to take
$500,000 from the emergency reserve funds --
COMMISSIONER FIALA: And my second stands.
CHAIRMAN COYLE: -- for advertising. And Commissioner
Fiala's second stands.
Okay. Any other further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, by like sign.
Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: It passes, 3-2, with Commissioners Halas
and Coyle dissenting.
MR. WERT: Thank you, sir. Thank you, Commissioners.
Item #7 A
RESOLUTION 2005-175: CU-2004-AR-5746 THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
REPRESENTED BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, REQUESTING
CONDITIONAL USE #1 OF THE "A" RURAL AGRICULTURAL
DISTRICT FOR OFF-SITE REMOVAL OF EARTHEN
MATERIAL IN CONJUNCTION WITH THE PERMITTED USE
OF ACQUACULTURE. THE PROPERTY IS LOCATED
APPROXIMATELY TWO MILES SOUTH OF I-75 AND ONE
MILE EAST OF EVERGLADES BOULEVARD, IN SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY,
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April 26, 2005
FLORIDA~ AND CONSISTS OF 160 +/- ACRES - ADOPTED
MR. MUDD: Commissioner, that brings us to item 7 A, and this
is the chapter on Board of Zoning Appeals.
7 A is, this item requires that all participants be sworn in and ex
parte disclosure be provided by commission members. It's conditional
use 2004-AR-5746, Jesse 1. Hardy, represented by Richard H.
Thompson, P.E., requesting conditional use number one of the "A"
rural agricultural district, and I'm going to make sure I'm -- I'm going
to go back to what it said today on this continual use and our change
sheet.
The board of trustees of the Internal Improvement Trust Fund
represented by the Florida Department of Environmental Protection
requesting conditional use number one of the "A" rural agricultural
district for off-site removal of earthen material in conjunction with the
permitted use of agricultural (sic). The property -- aquaculture,
excuse me.
The property is located approximately two miles south of I -75
and one mile east of Everglades Boulevard in Section 16, Township
50 south, Range 28 east, Collier County, Florida, consisting of 160
plus or minus acres.
And Mr. Mike Bose will present from the community
development's environmental services planning staff.
(Mr. Bose was duly sworn.)
CHAIRMAN COYLE: Okay. Do we need to get ex parte
disclosure from commissioners?
MS. FILSON: Yes.
MR. WEIGEL: Yes.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. I've had meetings, I've had
correspondence, and I've had a lot of e-mails, and I also had some
calls, and I've also talked to staff on this.
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April 26, 2005
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. My history with this
goes way, way back. Numerous meetings, correspondence, e-mails,
and calls, talked to staff, talked to the petitioner, talked to every one of
his attorneys going back in ancient history, all the environmentalists,
and everyone else in between.
CHAIRMAN COYLE: I've had correspondence, e-mails, and
telephone calls from people on both sides of this issue.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've had telephone calls,
e-mails, I've had visits both in my Naples office and also on my Marco
Island office -- or in my Marco Island office. I've also gone out to see
the property personally.
CHAIRMAN COYLE: Oh, I'm sorry, Commissioner Henning.
Go ahead.
COMMISSIONER FIALA: Oh, you.
COMMISSIONER HENNING: Yep, oh, you; hey, you, yep.
I've had e-mails, letters, and some propaganda, and it's all in my file.
CHAIRMAN COYLE: Okay.
MR. BOSI: Afternoon, Commissioners. Mike Bosi, Zoning and
Land Development Review. Just a point of clarification. I am
representing the county staff within this petition. With the absence of
the Department of Environmental Protection's presence here today,
I'm just going to give a brief overview of the petition and the change
in circumstances of the petition for the commissioners to make a
motion upon it.
As Assistant County Manager Ochs read into the record this
morning and County Manager Mudd just recently read into -- the title
change, basically, it's a reflection of the changing circumstances of
ownership related to the property in the petition.
On April 12th, the former property owner, Jesse Hardy,
Aggrisource, the company that was -- that was operating -- or
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April 26, 2005
managing the excavation and the hauling on of the material on site,
settled -- signed a stipulated order of taking and final judgment with
the State of Florida.
Within that stipulated order of taking and final judgment, there
was an addendum to the mediate the settlement agreement. I believe
that was included within your novice agenda packet.
Basically we have revised a resolution and revised a condition of
approval to basically mirror the guidelines in the path that the State of
Florida has set before us.
On the -- on the overhead -- I guess I will try to increase the
zoom on this. But basically on the -- the conditions of approval, I've
basically narrowed them down to four. The first one just is a general
meaning that there could be basic minor changes to the conditional use
at the discretion of the CDS administrator.
But really the second, third, and fourth are points that reiterate
the settlement agreement that the state has reached with -- with the
defendant in the settlement agreement.
And the second point states that the term of this conditional use
approval shall be for the limited purpose of hauling off-site the
stockpiled material already excavated on the property above the
ground and shall expire no later than November 30th of2005.
The third point of the conditions of approval are that there should
be -- no mining or excavation shall be permitted on site. When the
state took over the property, the second point of the settlement
agreement basically stated that no further excavation could happen on
site.
And the fourth cite really relates to the excavation material. It
states that from a certain -- from 60 days from the date of approval,
that Aggrisource, the company in charge of the hauling and the
excavation, has to remove all mater -- all equipment related to
excavation. And the only equipment that can be on is for the limited
purpose of the off-site hauling.
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"---~"'>'_. ~.>..._-",._,-"-,-,.._----
April 26, 2005
With that, the -- with that, the resolution and the conditions of
approval have been modified basically to mirror what the state wants
to have within this property. And as we all know this -- this is a
program that's part of a federal initiative for the comprehensive
restoration of the Everglades.
And with that, I'd be happy to answer any questions.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Do we really think that even
though the state owns this property, that Mr. Hardy will abide by
number three, and that says, no mining or excavating shall be
permitted?
When I look at the -- some of the violations that took place on
this property since it was approved March 13th, 2001, do you really
think that this person is going to adhere to those regulations?
MR. BOSI: Commissioner, it's not of my opinion to think. I
believe it's mandated by the terms of this agreement that they must
discontinue excavations.
COMMISSIONER HALAS: Well, there were cases in point
where Mr. Hardy never acquired anything from the Army Corps of
Engineers nor the Southwest Florida management area -- Southwest
Florida water -- management in regards to excavating in wetlands. He
also violated other things.
And I know that he doesn't own this property anymore, but he's
going to live on it till November. So I'm wondering how we're -- how
the state or anybody is going to take care of this. In fact, in the process
of all this thing, the County of Collier was buying rock from this man.
MR. BOSI: And I can't dispute any of those facts that were
stated.
COMMISSIONER HALAS: And nobody did anything about it
until all of a sudden it came to light that, oh, maybe this guy is in
violation, but it's been going on for two thousand (sic) -- I'm
wondering if we're going to be able to make sure that this person does
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April 26, 2005
not do any further mining or excavating at this point in time.
MR. BOSI: Commissioner Halas, I will say CDS and the code
enforcement division had issued a notice of violation and was
scheduled to bring this before the Code Enforcement Board, but then
with the transfer of ownership, they decided not to further pursue the
case.
And the issues related to whether or not the excavation material
related to an agricultural activity and the rights in the Right To Farm
Act provided for that caused a, I believe, a sense of confusion amongst
the state agencies as to whether or not -- where the rules applied.
Those are, to me, the way the staff looks at it, in-the-past issues.
What we're looking at is basically how the state would like us to
proceed as a county based upon the stipulated agreement.
COMMISSIONER HALAS: I understand exactly what you're
saying. But under the stipulation of number three, I'm wondering how
the state or anybody else is going to put -- be able to control this since
-- the fact that this was going on since 2001.
MR. BOSI: And I guess the only thing I could say is, maybe an
additional condition of approval to direct code enforcement to have
regular visits to the site to ensure that no further excavations are taking
place at the site.
CHAIRMAN COYLE: The problem with that is that fines go to
the owner of the land, which is the state, so it creates some very
difficult problems. And I think Commissioner Halas is right, what
teeth do we have to make sure these terms are in force? And I want
you to be thinking about that because Commissioner Henning has
some questions, and then we have three speakers, so maybe we'll get
to the answer.
But Commissioner Henning, go ahead.
COMMISSIONER HENNING: Well, one thing -- a condition
you put on there is, is just to make sure he has loader on site to load
the trucks, and not any excavating equipment.
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April 26, 2005
But that isn't why I had my light on. I've asked for material. In
my packet it is very unclear, the agreement, and the Exhibit B or A, I
don't know which one it is because I can't read it, and I asked for that
information so I can be informed on the decisions that we're making,
so I don't see how I can participate in voting on this issue. I don't
know if you want to continue it or if the majority feels comfortable
voting on it.
CHAIRMAN COYLE: I have some questions and potential
changes to it, but I don't see any problem continuing to get the
information.
Let's hear from the public speakers.
MS. FILSON: The first speaker is John McGowan. He'll be
followed by Bem Smith.
CHAIRMAN COYLE: And if you could, limit your comments
to about three minutes, please.
MR. McGOWAN: My name is John McGowan. I represent
Aggrisource, LLC. I have with me actually the principals of
Aggrisource, LLC, Mr. Bem Smith, Mr. Chris Gehring. They actually
would like to represent the corporation in terms of their concerns.
They have more information.
But I do have some information regarding some of the concerns
of the commission regarding ceasing of the mining. In fact, the one
mining piece of equipment that is out there is a very large piece of
equipment that is in the process of being disassembled, and that's the
purpose for number four, which is the 60 days.
I think the stipulation actually said 65 days to have that
equipment moved off, and that the only equipment to remain there is
to be actually, as Commissioner Henning indicated, loaders to actually
load the large mound of earth that is currently there which, it's my
understanding the State of Florida and the Department of
Environmental Protection, frankly, wants moved.
So in terms of some of the concerns regarding whether or not it's
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April 26, 2005
going to be any future mining operations, I think that the settlement
agreement that was reached with the State of Florida addresses each
one of those concerns, and as I indicated, the equipment is being
moved.
CHAIRMAN COYLE: Okay. Good. Thank you very much.
MS. FILSON: The next speaker is Bern Smith. He'll be followed
by Chris Gehring.
MR. SMITH: Hi. My name's Bern Smith. I appreciate the
opportunity to speak today. I would hope that -- we did reach a
settlement with the state. The DEP wrote off or dictated the terms of
that settlement.
We reluctantly -- obviously we've got a tremendous investment
out there. We wanted to go on and finish that project. We got into it,
and we made the capital investment to do that, but we -- we're not
going to be able to.
We would hope that the county would at least allow us to take off
what we have expended the money to go ahead and excavate and put
up per the terms of the agreement.
The DEP has assured us that they will be looking over our
shoulder. It's going to be a constant type of monitoring situation. So I
can tell you that we will not excavated anymore. All we will take is
what is above the ground, as they have authorized us to take.
CHAIRMAN COYLE: Commissioner Halas, do you have a
question?
MR. SMITH: Thank you.
COMMISSIONER HALAS: Yes, I have a question. Sir, you
said you need 60 to 65 days to disassemble equipment. Why does it
take that long, sir?
MR. SMITH: There's a drag line out there. I'll let Mr. Gehring,
who's actually the contractor, go into it a little more, if you would
maybe ask him that.
COMMISSIONER HALAS: Sure.
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April 26, 2005
MR. SMITH: But the long story short, there are six or seven
truckloads just in that one piece of equipment that have to be hauled
out, and it has to have someplace to go. So we've got to have the time
to find a place for it to go in addition to breaking it down and moving
it, and we don't have the people to do that. We have to hire that. So
I'll let him address that.
MS. FILSON: Your final--
COMMISSIONER COLETTA: If I could, before you go, sir. I
don't think it's so much when the equipment's going to be moved, but
when is it going to be disabled so it can't be used any longer and we
can verify that fact.
MR. SMITH: Well, it's already started being taken apart, so --
COMMISSIONER COLETTA: In other words, it's taken apart
to the point now that it cannot be utilized?
MR. SMITH: Just to let you know, we stopped excavation the
day they put the money in the account.
COMMISSIONER COLETTA: But one more time, let me say
the question. The machine has been sufficiently dismantled at this
point in time that it's inoperative?
MR. GEHRING: Yes. We've taken the bucket--
CHAIRMAN COYLE: We have to get you on that microphone.
MR. SMITH: Yes, it has been.
COMMISSIONER COLETTA: Okay. And we could have that
verified by our staff?
MR. SMITH: Sure.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. SMITH: Okay. Thank you.
MS. FILSON: Your final speaker is Chris Gehring.
MR. GEHRING: Hello. Chris Gehring, I'm a member of
Aggrisource, LLC. All we're really asking is just for us to be able to
follow through with the agreement we've made with the state to haul
off material that we have stockpiled.
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April 26, 2005
The questions on the drag line, we have disabled the machine.
We've taken the bucket off the machine. You can't dig without a
bucket. We could still move it around the site.
But to move it out of there, it's a large expense, and it takes an
outside contractor for us to move it. We're looking at -- they're a
month out. They were four to five weeks for them to even come to
start the process, then it's a two-week process to move the machine.
So it's a large job. It's a large expense. It's about -- you know, it's
about $50,000 just to move the machine to another site. And I would
have to find another site. Also, in letting us take out this material, it
gives me the time to find a home for the half a dozen employees that I
have working out there right now.
I have to find another place for them to go, which we have things
that are lined up, but we're just trying to recuperate some of our
investment, material we have already dug on site.
CHAIRMAN COYLE: Okay. Commissioner Halas, do you
have a question of him?
COMMISSIONER HALAS: Yes. With the material that's
presently stockpiled out there, what is your best time -- what's your
best estimate that we're going to have that removed?
MR. GEHRING: In -- the rate we're hauling it out now, I would
say that we're probably looking, at the outside, probably four months.
We don't really even need --
COMMISSIONER HALAS: Four months worth of material?
MR. GEHRING: Yeah. We've had a lot of material piled up.
We've been digging -- you've got to remember we've been digging and
stockpiling and processing material for -- since we've been out there
working, almost two years, and we've built up an inventory of
material, and now we've just started the process of hauling it out, and
we have contracts we're trying to fulfill and offset the cost of
processing that material.
COMMISSIONER HALAS: And you were digging up until
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April 26, 2005
what date?
MR. GEHRING: Up until-- I think it was last Friday, I believe,
two Fridays -- two weeks ago Friday. Whatever day the money was
deposited we stopped.
COMMISSIONER HALAS: But you're saying that the drag line
is now incapable of operating to extract the product out of the ground;
is that what --
MR. GEHRING: That's correct. That was a primary piece of
equipment we would use for digging.
CHAIRMAN COYLE: Commissioner Coletta, did you have
anything else?
COMMISSIONER COLETTA: No.
CHAIRMAN COYLE: All right. Thank you very much.
MR. GEHRING: Thanks.
CHAIRMAN COYLE: Was that our last speaker?
MS. FILSON: Yes, sir.
CHAIRMAN COYLE: Okay. I do have a couple of questions of
staff.
The first stipulation is pretty much boilerplate, but I'm wondering
why we even bother to address the potential for expansion of uses and
major changes to the site plan. Why don't we just say, there will be no
expansion of uses and the site plan will not be changed?
MR. BOSI: The first condition will be adjusted as you
suggested, Commissioner.
CHAIRMAN COYLE: Okay. And just take those things out of
there so it's very clear that there's nothing that's going to change about
this at all.
And I think we've addressed my other question concerning the
excavating machinery and equipment except for the problem of
enforcement.
If someone is in violation, if they don't do what they promised
they would do, what are we going to do about it?
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April 26, 2005
MR. SCHMITT: For the record --
CHAIRMAN COYLE: You guys close your ears now. Don't
listen to this.
MR. SCHMITT: For the record, Joe Schmitt, administrator of
community development/environmental services. My only options,
one, send code enforcement out if it violates the conditions of the
conditional use; two would be send the county sheriff, notify the
sheriff that there's illegal activity going on.
But basically this is a responsibility of state as well. The DEP
will be monitoring this. It's their responsibility. It's state-owned
property.
I certainly -- the first one I would notify is the state, and certainly
would expect the state to take appropriate action. This land will be
part of the Comprehensive Everglades Restoration Program, the
restoration of the south blocks. The local sponsor for that is South
Florida Water Management District, in cooperation with the
Department of Interior and the U.S. Army Corps of Engineers,
certainly they're going to have a vested interest in this as well.
But first and foremost, I would contact -- I will send code out
there. In fact, I'll send my engineering staff out there, a member of
my staff to validate that, in fact, the work has ceased and that the
equipment has been dismantled except for what they're using to haul
off the stockpiled product.
And if we find any violations, we'll issue a notice of violation.
That violation will go to the state because the state is now the legal
owner. And certainly we will notify the state to take corrective action.
MR. MUDD: Now, Commissioner, this won't be the first -- Jim
Mudd, for the record. This won't be the first time we've tagged the
state out there. If there's a building that's been abandoned and it falls
outside of our code, we tag it.
Now, the state gets quite perturbed and they call me and say, I
can't believe you're tagging me when we're trying to do a restoration
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April 26, 2005
project. And I said, well, you violated our code. You're supposed to
get rid of that abandoned home, and then we force them to give us a
schedule which expedites the removal.
No doubt when Mr. Hardy leaves his property in November, the
state will be under our scrutiny again to make sure that that abandoned
property that they now own, his home, gets leveled, and they bring
that -- and they bring that property into compliance.
So we do that all the time out there because we don't let people
have abandoned cars or garbage or anything else out there. We go out
and tag them.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: So, Joe, are you stating on the
record that you will send one of your engineers out there --
MR. SCHMITT: Yes, sir.
COMMISSIONER HALAS: -- on a periodic basis to make sure
that this drag line or equipment out there is rendered to the point it's
incapable of excavating --
MR. SCHMITT: Yes.
COMMISSIONER HALAS: -- and that the only activity taking
place out there is to remove the product off the premises, when this
gentleman out here tells me it's going to be a four-month operation?
MR. SCHMITT: Yes, we will do that. In fact, I was quite
surprised, because I estimated somewhere six to eight weeks, now it's
at 12 weeks.
We were estimating what was actually on site. We thought at the
rate they were hauling it off it would be six to eight weeks, but 12
weeks.
But understand, this is Aggrisource's product. It's their product,
and the state is -- we're doing nothing more than coming to an
agreement for the conditional use with the state, and the state is
allowing Aggrisource to take their product, or their property off of the
existing property that the state now owns.
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April 26, 2005
So that's all this is for, nothing else. And we will enforce it. I
will send code enforcement out there periodically, and I will send a
member of my engineering inspection staff out there to ensure that
there's no other activity going on on site.
CHAIRMAN COYLE: Okay. Is there a motion?
COMMISSIONER COLETTA: Motion--
CHAIRMAN COYLE: I close the public hearing. Go ahead.
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Coletta.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any further 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: (No response.)
CHAIRMAN COYLE: All opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It is unanimous. Thank you very much.
MR. MUDD: Commissioner, that brings us to the next item,
which is 7B, which used to be old 17 A, and that is, this item requires
that all participants be sworn in and ex parte disclosure be provided by
commission members.
It's conditional use 2004-AR-6671, Boca Bargoons of Naples,
Inc., represented by Kelly Smith of Davidson Engineering, Inc.,
requesting approval of a conditional use pursuant to Table 2 of Section
2.04.03 of the land development code, to allow personal services,
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April 26, 2005
video rental, and retail uses, excluding drug stores, with more than
5,000 square feet of gross floor area in the principal structure in the
C- 3, commercial intermediate, zoning district.
The property to be considered for the conditional use is located at
4403 Tamiami Trail East in Section 13, Township 50 south, Range 25
east, Collier County, Florida.
This property consists of 27.53 plus or minus acres, and this was
pulled at Commissioner Fiala's request.
CHAIRMAN COYLE: Do you need a break now? Would you
like to break for 10 minutes? Okay. We're going to break for 10
minutes.
MR. MUDD: So I don't have to read it again.
CHAIRMAN COYLE: Be back in at --
COMMISSIONER FIALA: Ten after?
CHAIRMAN COYLE: Ten after three.
(A brief recess was had, and proceedings continued without
Commissioner Henning and Commission Coletta present.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Okay. Very well. We'll continue.
Item #7B
RESOLUTION 2005-176: CU-2004-AR-6671, BOCA BARGOONS
OF NAPLES, INC., REPRESENTED BY KELLY SMITH, OF
DAVIDSON ENGINEERING, INC., REQUESTS APPROVAL OF
A CONDITIONAL USE PURSUANT TO TABLE 2 OF SECTION
2.04.03 OF THE LAND DEVELOPMENT CODE, TO ALLOW
PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR
RETAIL USES (EXCLUDING DRUG STORES), WITH MORE
THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE
PRINCIPAL STRUCTURE, IN THE C-3, COMMERCIAL
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April 26, 2005
INTERMEDIATE, ZONING DISTRICT. THE PROPERTY TO BE
CONSIDERED FOR THE CONDITIONAL USE IS LOCATED AT
4403 TAMIAMI TRAIL EAST, IN SECTION 13, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. THIS
PROPERTY CONSISTS OF 2.53 +/-ACRES - ADOPTED
W/STIPULATIONS
MR. MUDD: This item is 7B, and it's Boca Bargoons, okay, was
the item, and I read it before. This requires --
CHAIRMAN COYLE: Four votes?
MR. MUDD: -- all participants to be sworn in and ex parte
disclosure.
CHAIRMAN COYLE: Okay. All participants please stand and
be sworn in. Do we have any public speakers? One public speaker.
Whoever that is should stand and be sworn in. Okay. Thank you very
much.
MS. FILSON: Stan Strouder. That's his name.
CHAIRMAN COYLE: All right.
(All speakers were duly sworn.)
CHAIRMAN COYLE: Okay. And ex parte disclosure.
Commissioner Halas?
COMMISSIONER HALAS: As I stated earlier this morning,
prior to this being pulled, 17 A, I have no disclosures.
CHAIRMAN COYLE: Okay. Nor do I. And Commissioner
Fiala?
COMMISSIONER FIALA: No, nor do I.
CHAIRMAN COYLE: You don't either. So let's proceed, go
ahead.
MS. SMITH: Good afternoon, thank you. My name is Kelly
Smith with Davidson Engineering, and I'm here today representing the
owner, Boca Bargoons of Naples, Incorporated. We're requesting a
continual use to allow greater square footage per tenant, specifically
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April 26, 2005
greater than 5,000 square feet for personal services, video rental, or
retail, excluding drug stores, in the C-3 zoning district.
COMMISSIONER FIALA: You know, I might stop you and tell
you why I pulled this off, okay?
CHAIRMAN COYLE: Okay.
MS. SMITH: Absolutely.
COMMISSIONER FIALA: Just those words, personal services
and video stores. And I just -- there was nothing in here that said what
kind of personal services and what kind of video stores, and I want
that restricted. I want to make sure that they're family type video
stores and personal services.
MS. SMITH: If I may, there are no video stores proposed at this
time. That's simply the title that comes out of the land development
code. We're proposing retail -- standard retail uses only.
One known retail use at this time is a Boca Bargoons, which is a
decorative home fabric store. The other estab -- the other tenants are
not known at this time, but they're anticipated to be standard
retail-type units. I do have a representative from the property owner
here who could certainly --
(Commissioner Henning and Commissioner Coletta entered the
hearing room.)
COMMISSIONER FIALA: Well, I just want to make sure that
we tighten up the language to make sure that whatever comes in there,
as we're in the redevelopment process, I want to make sure we
redevelop in the right direction. We don't need any more pawn shops
or any more, you know, sexually explicit video shops or personal
services that you read about in the Police Beat, so I want to make sure
that we don't have any of that.
COMMISSIONER HALAS: In other words, you're talking
massage parlors?
COMMISSIONER FIALA: That's exactly right. That's what my
husband said. So how do we ensure that that isn't in there?
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April 26, 2005
MS. WILLIAMS: Good afternoon. For the record, my name is
Heidi Williams, Principal Planner with Zoning and Land Development
Review. This conditional use proposes only to allow uses which are
permitted in the C-3 zoning -- in the C-3 zoning districts. It is my
understanding that those would not be permitted anyway.
COMMISSIONER FIALA: None of the ones that I just
mentioned would be allowed in there?
MS. WILLIAMS: That's correct.
COMMISSIONER FIALA: Then that was what my concern
was.
CHAIRMAN COYLE: Okay. Then is there a motion?
Commissioner Halas, did you have other questions?
COMMISSIONER HALAS: Oh, I got it answered.
CHAIRMAN COYLE: Okay. Is there a motion?
MS. FILSON: I have a speaker, sir.
CHAIRMAN COYLE: Oh, one speaker. Okay.
MS. FILSON: The speaker is Stan Strouder.
MR. STROUDER: Good afternoon, Commissioners. For the
record, my name is Stan Strouder. I am spokesman on behalf of the
applicant.
Commissioner Fiala, we wholeheartedly endorse your concerns
about those things, and it is not at all our intention to now or ever
deploy this property in such a fashion.
COMMISSIONER FIALA: Thank you.
MR. STROUDER: And appreciate your comments.
COMMISSIONER FIALA: Sometimes when people have a
place it isn't their intention, but 10 and behold, after it's all approved, it
becomes their intention. And so I just wanted to make sure that it was
in writing. Thank you.
MR. STROUDER: Fully understood.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Now, we have two commissioners who
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April 26, 2005
did not do the ex parte disclosure. This was on the summary agenda,
and I believe earlier today you stipulated, Commissioner Coletta, that
you had no ex parte.
COMMISSIONER FIALA: He did have some.
COMMISSIONER COLETTA: Oh, I did. I sure did.
CHAIRMAN COYLE: Okay. Go ahead.
COMMISSIONER COLETTA: Okay. On 17A,Ihavehad--
let's see if I can get it out here again. I have -- no, no disclosures on
17A.
CHAIRMAN COYLE: Okay. All right.
And Commissioner Henning?
COMMISSIONER HENNING: None. And that's why my
light's on.
CHAIRMAN COYLE: Okay. Very well. Then we've taken
care of that.
Now we'll go to the motion. Close the public hearing. Do we
have amotion?
COMMISSIONER FIALA: Oh, I make a motion to approve
with these stipulations written into the agreement.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion by Commissioner Fiala, second
by Commissioner Halas.
Any further 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?
Page 152
April 26, 2005
(No response.)
CHAIRMAN COYLE: It carries unanimously. Thank you very
much.
Item #8A
ORDINANCE 2005-20: MILLAGE RATE INCREASE FROM 3
TO 4 MIL FOR THE FOREST LAKES ROADWAY AND
DRAINAGE MUNICIPAL SERVICES TAXING UNIT (MSTU)-
ADOPTED
MR. MUDD: Commissioner, the next item is under A, which is
advertised public hearing, and it's 8A.
It's a recommendation to approve a millage rate increase from
three to four mills for the Forest Lakes Roadway and Drainage
Municipal Services Taxing Unit, MSTU. And Ms. Diane Flagg,
alternative transportation modes, transportation division, will present.
MS. FLAGG: Good afternoon, Commissioners. This item is to
increase the millage within the Forest Lakes MSTU boundaries at the
request of the Forest Lakes MSTU board members. The Forest Lakes
board members had identified road and stormwater proj ects to address
the flooding and subsequent road deterioration within their MSTU
boundaries.
The millage increase will provide an additional 146,500 for the
improvements that they've identified. The MSTU board members
conducted a public workshop to discuss this item with the residents
within the MSTU boundaries and also conducted several MSTU
meetings open to the public. Mr. Bob Jones, the MSTU chair, had
hoped to be here but suffered a death in the family.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I just had one question. I
didn't find an ending date. Is this going into effect, four mills, forever
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April 26, 2005
after?
MS. FLAGG: They didn't discuss an end date. What they'd like
to do is, they've got over $5 million worth of projects that they need to
complete. They've done a complete master plan now. And so they
wanted to increase the millage to four mills within their boundary so
that they could get at some of these projects.
CHAIRMAN COYLE: Okay. Any other questions?
Commissioner Henning?
COMMISSIONER HENNING: Is there any reason -- was there
any discussion of the new stormwater program that the Board of
Commissioners set up where they're going to do improvements to the
systems, including the neighborhood?
MS. FLAGG: I know that the stormwater department is looking
at some of the areas that are outside the MSTU boundary, but none
specific within the MSTU boundary.
COMMISSIONER HENNING: Well, I think that the -- from
what I understand, from what the majority of the commissioners
approved, was a 50/50 split with the county and the neighborhoods.
MS. FLAGG: Mr. Feder just indicated these are private roads.
This is a private community. That's why it's within an MSTU
boundary .
COMMISSIONER HENNING: Right, I understand that. Oh,
that's right. We're not doing the PUDs. We're just doing, like Golden
Gate Estates and Naples Manor and Naples Park. But they get to
share it into the cost. I forgot that.
MR. FEDER: For the record, Norman Feder, Transportation
Administrator. Commissioner, it's not that we're not doing PUDs,
because we're doing it in areas throughout the county where we have
agreed to take on the operation of maintenance of the roadway and the
drainage systems. That's not the case here, and that's why they've
been dealing with those issues throughout the years as part of an
MSTU.
Page 154
April 26, 2005
CHAIRMAN COYLE: Okay. Any further questions?
(N 0 response.)
CHAIRMAN COYLE: Do we have any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: David?
MR. WEIGEL: Thank you. I just wanted to make one note, and
that is, this is merely an amendment of the ordinance to increase the
possibility of levying a four millage at the budget process that comes
later. There is no imposition of tax by the amendment. It just gives
the ability of this board to consider at a later date if it wishes to go
above the cap of three mills that currently exists.
CHAIRMAN COYLE: Okay. Thank you very much.
Any further questions?
(No response.)
CHAIRMAN COYLE: Is there a motion?
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala --
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: -- second by Commissioner Coletta.
Any further 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.
CHAIRMAN COYLE: All opposed, by like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Commissioner Henning votes no, and it
passes 4-1.
Page 155
April 26, 2005
Item #8C
ORDINANCE 2005-21: PUDZ-A-2004-AR-6142 NAPLES
SYNDICATIONS, LLC, REPRESENTED BY KAREN BISHOP
OF PMS INC. OF NAPLES, REQUESTING A REZONE FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS WARM SPRINGS PUD BY REVISING THE PUD
DOCUMENT AND MASTER PLAN BY INCREASING
THE ALLOWED DWELLING UNITS BY 290 UNITS TO A
MAXIMUM OF 540 UNITS, A DENSITY INCREASE FROM 2.1
UNITS PER ACRE TO 4.52 UNITS PER ACRE; TO SHOW A
NAME CHANGE FROM NICAEA ACADEMY PUD; AND
REFLECT THE PUD OWNERSHIP CHANGE. THE PROPERTY
IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD,
APPROXIMATEL Y ONE MILE SOUTH OF IMMOKALEE
ROAD, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119:1:
ACRES - ADOPTED W/CHANGES
MR. MUDD: Commissioner, the next item is 8C. This item
requires that all participants be sworn in and ex parte disclosure be
provided by commission members.
It's PUDZA-2004-AR-6142, Naples Syndication, LLC,
represented by Karen Bishop ofPMS, Inc., of Naples requesting a
rezone from PUD to PUD, planned unit development, known as Warm
Springs PUD, by revising the PUD document and master plan, by
increasing the allowed dwelling units by 290 units to a maximum of
540 units, a density increase from 2.1 units per acre to 4.52 units per
acre, to show a name change from Nicaea Academy PUD, and to
reflect the PUD ownership change.
The property is located on the east side of Collier Boulevard,
approximately one mile south of Immokalee Road in Section 26,
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April 26, 2005
Township 48 south, Range 26 east, Collier County, Florida, consisting
of 119 plus or minus acres.
CHAIRMAN COYLE: Okay. Will all those who will offer
testimony here today stand and be sworn in.
(The speakers were duly sworn.)
CHAIRMAN COYLE: Commissioners, do you have ex parte
disclosure?
Commissioner Halas?
COMMISSIONER HALAS: This one here, I do, 8C. I've had
meetings in the past, correspondence in regards to this, and also talked
to staff.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I've had meetings,
correspondence, e-mails, calls, and met with staff.
CHAIRMAN COYLE: And I have also had meetings and
correspondence, and as a matter of fact, this has come before us before
in a prior regularly-scheduled publicly-advertised Board of County
Commissioners meeting.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've had meetings,
correspondence, talked with staff a couple of times, met with the
petitioners, and I believe that's everything, and it's all on file here.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I, besides hearing this item at a
regular meeting, I did receive a phone call and discuss this issue with
the owner.
CHAIRMAN COYLE: Okay. Thank you very much.
Mr. Yovanovich, if you'll remember that we have heard this item
before. You may proceed.
MR. YOV ANOVICH: Thank you. For the record, Rich
Yovanovich on behalf of the petitioner. With me today, if you have
questions, are Bob Singer, who's the owner of the property; Andy
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"___<"" '__"___~'__'"--"'MV.'~~_"---
April 26, 2005
Solis, who's another attorney on this project; Reed Jarvi, who can
address network transportation issues if you have them; Rob Price,
who can answer specific TIS questions with our proj ect if you have
them; and Shane Parker, the engineer for the project.
I'm not going to go through a detailed presentation. I'm just
going to hit the highlights. I think the reason this was basically
continued to today's hearing was to address some transportation
concerns, and there was a transportation workshop that was scheduled
to occur after the last hearing, and I think the transportation issues
have been addressed.
I just want to give the highlights as to, you know, what the
project -- what we agreed to last time. Essentially we're requesting
540 units. Of those 540 units, 10 percent of the units would qualify as
affordable housing units, another 10 percent of the units would qualify
as workforce housing units.
We agreed to a phasing of the project, one half of the units now,
with one half of the units after 951 was completed, and we also agreed
to dedicate 50-foot in width right-of-way for improvement of Massey,
which is to our east, which will hopefully address an alternative route
to 951.
The goal is to construct a road that would extend W oodcrest
down to Massey, down to Vanderbilt Beach Road, which would get
people out of the intersection of 951 and Immokalee Road. We've
agreed to all those stipulations.
The previous motion recognized that we would have a 75-foot
setback along our southern boundary except for the initial 1,000 feet
where the setback would be 50 feet.
That summarizes where we were at the last meeting. It briefly
addresses transportation concerns. The overall project density would
be 4.5 units per acre.
And with that, I'll be happy to answer any specific questions the
board may have, or I'll make my consultants available to answer any
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questions.
CHAIRMAN COYLE: Commissioners?
COMMISSIONER HALAS: You've already been approved for
250 units; is that correct?
MR. YOV ANOVICH: That's correct.
COMMISSIONER HALAS: Okay. And so what you've done is
you've worked with county staff in regards to trying to negotiate some
additional lands so as to make some type of an interconnectivity with
Treeline (sic) Road, with Vanderbilt Beach Road eventually, and with
Immokalee Road; is that correct?
MR. YOV ANOVICH: That's correct, Tree Farm Road.
COMMISSIONER HALAS: Okay. I'd like to see where maybe
we can phase this in over a longer period of time, and maybe start off
with a third, and then as the road is completed, then we can bring you
up to speed on this, a third of the -- of the product.
And my feeling is, instead of a little over four units per acre, I'd
like to see us try to hold down to about three and a half units per acre,
which I think would give you a total of about 416 units, and I think
that's a big improvement over the 250 that we presently have
permitted there.
MR. YOV ANOVICH: Commissioner Halas, what we're -- what
we're attempting to do -- and we entered into a developer contribution
agreement for improvements to Tree Farm Road where we basically
provided, free of charge to the county, right-of-way the entire, you
know, length of our property.
We also are spending about a million dollars worth of
improvements for Tree Farm Road. We're committing to basically
108 units to serve a very important need in Collier County, 54 of
which would be affordable, another 54 would be workforce. The
density that you're requesting of three and a half units per acre does
not make economic sense for us --
COMMISSIONER HALAS: Well, it's a lot better than what you
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April 26, 2005
came in the front door at, 250.
MR. YOV ANOVICH: Well, honestly, not necessarily, because
with 108 of those units having to be committed to affordable and
workforce housing --
COMMISSIONER HALAS: I understand where you're coming
from.
MR. YOV ANOVICH: -- that the numbers -- it's not the same --
it's not the same deal. And also, we're meeting a very important need
for transportation issues about building an ulterior corridor to get the
trips off of 951. And essentially we're talking about 7,000 trips that
we'll get out of that intersection if we can do this alternative
alignment.
And Reed Jarvi can get into that in greater detail. And maybe I
should have him explain that in a little bit of detail to address that
Issue.
COMMISSIONER HALAS: Well, I'd like to have maybe our
staff address that --
MR. YOV ANOVICH: That's fine.
COMMISSIONER HALAS: -- because I'm sure that they've
done this also, so we get kind of a flavor from both sides here, too.
MR. YOV ANOVICH: Okay. Do you want Mr. Jarvi to speak
and then --
COMMISSIONER HALAS: Mr. Jarvi --
MR. YOV ANOVICH: Okay.
COMMISSIONER HALAS: -- and then we'll see how it
corresponds with what the staff has to say here.
MR. YOV ANOVICH: Okay. That would be fine.
MR. JARVI: For the record, my name is Reed Jarvi. I'm a
professional engineer with the firm of Vanasse, Daylor; been
practicing in this area for about 16 years in transportation and traffic
. .
engIneenng.
What I've shown up first is an aerial of the area. And you'll see
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that Nicaea Academy, which is -- Warm Springs is that large, long
rectangle, just so -- placement, and the dashed line or dotted line,
heavy dotted line below it is Tree Farm -- or signifies Tree Farm
Road.
You'll notice at the end of the Tree Farm Road, to the north and
to the south, is what we're calling -- it's W oodcrest on the north side
and Massey on the south side of it that would connect Immokalee
Road, or proposed to connect Immokalee Road to Vanderbilt Beach
Road.
And we looked at this from a network standpoint. As you may
remember, Mr. Feder has said many times, that one thing we lack in
the county is a collector road system, or an effective road system.
This would provide a collector road system that would provide relief
for both Collier Boulevard, C.R. 951, and Immokalee Road in this
particular area.
We can go to the next. Little hard to see this, but this is basically
a stick diagram of the same thing we just talked about, and we've
looked at -- as a projection, there are six developments out in this area
that are potentially affected by this that I know of.
Two of them are -- this one is in process now. The Warm
Springs, you have Bristol Pines, which is right at the corner of Tree
Farm Road and 951 that will be coming back, and there are three or
four other developments in this area that are in the various processes
of putting together zoning packages.
So we looked at this as a network and as a diversion network for
that particular intersection of 951 and Immokalee Road.
What we've done is looked at this. And from a -- we were
conservative on purpose, that these are diversion amounts. When all
this development -- or when this connection goes through that we are
looking at a diversion of approximately 8,000 -- 8,300 daily trips off
of951 onto the collector system, Tree Farm Road, excuse me, the
Woodcrest/Massey/Tree Farm Road network.
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That equates to a significant drop in the traffic. Around a third of
the traffic that would be using that connector, collector system --
excuse me -- around two-thirds of that would be diversion traffic.
About one-third of it would be development traffic from our
projections at this time.
Also, you can see that at the 951/Immokalee Road intersection, a
very critical intersection in this portion of the county, that our
projections show about 7,000 daily trips, that would be entering daily
trips, would be not going through that intersection.
So I think this is a very important collector system for this
particular intersection. It provides relief to not only the intersection
but to two major arterial roadways, and there are some -- we've done a
lot of work with staff on this working with both Nick Casalanguida,
Don Scott, Norm Feder, on this system, and I think we've all come to
pretty much the same conclusion, and -- certainly don't want to put
words in their mouth, but I think they have pretty much the same
answer I do, or same ideas.
I'll answer or address any questions if you have any at this time
or wait till later .
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I don't have a question on this,
but I do have a question on the affordable housing and workforce
housing.
CHAIRMAN COYLE: Okay. Go ahead.
COMMISSIONER HENNING: Mr. Giblin, is there an
agreement written and part of this PUD?
MR. GIBLIN: Cormac Giblin, for the record, your housing and
grants manager. The commitments will be written or are written into
the PUD document itself. They're not asking for any extra affordable
housing density bonus, which would typically be the case.
COMMISSIONER HENNING: Correct. And the concern that I
had when this issue came up before is, it's stated they're going to have
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a workforce housing element within this project but there wasn't any
agreement. Although I would like to have more, I understand because
of, you know, that construction material prices and they can't really
guarantee. But we do have 10 percent that it will be guaranteed, so it
satisfies my concerns.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Do we have anything from staff to
relate to this? One of the concerns that I have is, it was brought out
there by the petitioner, and that is the fact that we do have some
additional PUDs that are coming forth, and we also have a huge
amount in this quadrant.
When I say quadrant, I'm talking Immokalee Road and 951 that's
already been permitted, and I believe we are looking at somewhere in
the category of about 12,000 units that are scheduled to be built in this
area, and you can probably clarify that.
So I'm concerned about the density bonuses. I know they can go
up to 16 units per acre. When it was originally brought before us
some time ago, I think we ended up with 250. And what I'm trying to
do is look at what all of our -- the impact is going to be for that whole
area there.
So maybe you can shed some more light on, if these figures
coincide with what you feel the traffic engineer from the petitioner,
these are correct, or do you feel that they're a little bit heavier?
And the other question I have is, Massey /W oodcrest, is this going
to be a two-lane highway or a four-lane eventually?
MR. CASALANGUIDA: Good afternoon, Mr. Chairman, fellow
commissioners. For the record, Nick Casalanguida. Excuse my voice,
please.
I find myself in a difficult position here, because this roadway
project's kind of one of my pet projects I've been working on, and I
don't want to sound like an advocate for the developer, because I'm
not. I work for the county, and I'm looking out for our best interest.
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To answer your question regarding Woodcrest and Massey, it's
slated to be a two-lane road, similar to like an Oaks Boulevard or
Orange Blossom. And the figures that Mr. Jarvi pointed out to you,
we purposely worked with him and reviewed his project and his
numbers and were conservative on that.
Theoretically as the road becomes used on a more regular basis,
it would draw more traffic from the developments around the area.
I'd like to touch on just a couple points, if I may. That loop
system that Mr. Jarvi showed you does a couple significant things.
First of all, there are other developments in the area that are, you
know, watching this proceeding right now trying to plan ahead for
what they're going to do.
It diverts traffic away from that intersection, almost 7,000 trips a
day, and that's fairly conservative by his numbers, and we agree with
that. Collier Boulevard, it takes about 8,000 trips off Collier
Boulevard, on a conservative number.
More importantly what it does, it meters the flow at those
intersections of Tree Farm and Collier and W oodcrest and Immokalee.
And what that does in a sense is we can prioritize our main arterials to
have the, you know, priority in terms of flow coming through and
meter the traffic coming out of the collector roads onto the arterials, so
that provides quite a benefit. Not to mention as well, it's an alternative
road. If something should happen on Collier Boulevard, an accident,
we can use Woodcrest and Massey as an alternative road to go
north/south.
So I looked at his numbers, I sat down with him, and they are
conservative in our judgment, sir.
COMMISSIONER HALAS: Last question I have. Ifwe're
predicting that we're going to unload the Collier Boulevard and
Immokalee Road intersection by 12,500 for a two-lane road, what is
the maximum carrying capacity of that road at two lanes?
MR. CASALANGUIDA: On that configuration, sir, I'm not
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April 26, 2005
quite sure. I think it was 18 -- around 18,000, sir.
COMMISSIONER HALAS: And so do you think that we've got
enough reserve on this road then?
MR. CASALANGUIDA: Sir, I think we do, and also I think
we're going to try and look at it -- and again, I want to be conservative
in our planning, and that's what we were directed to do, to collect
maybe enough right-of-way, and if we need to in the future, maybe
look at it as a four-lane facility. But initially as a two-lane and see
how that works. And we use Oaks as an example, or Orange Blossom
as well, to work functions similar to that.
So I do think we're pretty conservative in our numbers, and I
think we do have enough capacity on that as a two-lane.
COMMISSIONER HALAS: You really think it's going to carry
12,500 vehicles?
MR. CASALANGUIDA: I would model it -- if you're looking at
Vanderbilt to Immokalee, I would model it on Oaks and say it would
be a similar type of process where you're going to get a two-lane road
that runs next to a four-lane or a six-lane that carries a decent amount
of traffic, and that's my goal is to actually have it work like that.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Any further questions by
commissioners?
(No response.)
CHAIRMAN COYLE: Okay. Let's hear from the public.
MS. FILSON: We have two speakers. Shane Parker.
MR. YOV ANOVICH: He's with me. He's with me.
MS. FILSON: Okay. James Brennan.
MR. BRENNAN: When Nicaea PUD was approved, it was 250
units. I don't know anything that's changed since then to call for an
increase in density. Nothing has changed on the property itself. But
traffic on Collier Boulevard has doubled, traffic on Immokalee Road
has tripled, and they're going to quadruple before you get the road
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widened. Now, we all know that.
I came here to oppose this, oppose any increase in density there;
however, after listening to the developer, he's come up with a pretty
good idea, and I like what Commissioner Halas says.
I think you've hit on the solution, Commissioner. Get them to
agree to that, I won't say everybody will be happy, but I don't think
anybody will be unhappy. I think you hit the nail right on the head.
So I want to thank you for your efforts. I want to thank the
developer for his efforts in trying to solve some of our problems.
And since I have a minute or so left, I want to say something
else. I want to thank the chairman and the commissioners, I want to
congratulate them in their victory against the forces in Tallahassee that
would alter the impact fee collections. I want to commend you for
your effort to educate the public that this issue isn't dead, that it will be
coming back to visit us.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MS. FILSON: And that was your final speaker, sir.
CHAIRMAN COYLE: Okay. Any questions of any of the
speakers?
MR. SCHMITT: Can I correct the record?
CHAIRMAN COYLE: Okay, sure.
MR. SCHMITT: Correct the record, Mr. Chairman.
Commissioner Halas recommended -- mentioned a figure of 12,000
units. The slide that you saw is probably the one you're referring to, is
one you saw during the transportation concurrency, it was 8,830. That
did include a count of 525 estimated for Warm Springs.
That was Summit Place, Wolf Creek, Parklands, Terracina,
Mirasol, Heritage Bay, Tuscany Cove, Warm Springs, and Bristol
Pines. So it included all those developments that either have been
approved -- Warm Springs is the only one that currently is pending,
but it was all the numbers. So that is that entire area, even up the
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Logan Boulevard extension. So I was looking at the entire, kind of,
area around Immokalee Road and 951.
COMMISSIONER HALAS: Don't we have some PUDs out
there that are built out but they still have -- we consider them built out,
but they still have some units that are available for development? That
should be -- should be included in that count?
MR. SCHMITT: Most of those are already built out,
Commissioner. If you're talking like Island Walk or some of those
others, I did include Summit Place, which was approved over two and
a half years ago. That's still being built today.
COMMISSIONER HALAS: Yeah.
MR. SCHMITT: Some of the other ones right along that area, I
counted all those. So I just wanted to make sure the record reflected
the count that -- our best estimate right now for that area.
COMMISSIONER HALAS: And again, it was 8,000 --
MR. SCHMITT: Eight thousand, eight hundred and thirty right
now, again, for that entire area. And it did, like I said, include 525 as a
guesstimate for Warm Springs.
MR. YOV ANOVICH: If I may, Commissioner Halas, propose a
compromise. You would like to make the first phase 180 units. Right
now we would have the right to do 125 units. Ifwe came down to the
180 units in the first phase, we'd be increasing it by 55 units over what
we could do today.
Keep in mind, we would have to build one-third of our affordable
and workforce housing units during that phase. So of those additional
55 units, 36 of them would be workforce or affordable housing.
We can -- we can agree to the 180 as the first phase and do the
balance of 360, I think is the right number, in the second phase after
951 is completed, and I think that that -- you know, that's a
compromise, it brings down the immediate impact. And then, you
know, I think that the numbers that Mr. Jarvi was explaining and your
staff was concurring to, show that the proj ect will be -- will work and
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help solve some issues, none the least of which is the affordable
housing and workforce housing issue we have in Collier County.
So I would like to offer that up as potential phasing schedule.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I'm ready to make a motion.
CHAIRMAN COYLE: Okay. Commissioner Fiala has a
question. Do you want to make a motion first?
COMMISSIONER HENNING: No.
COMMISSIONER FIALA: No. He can make his motion first.
I'd like to hear it.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: You want to close the public
hearing?
CHAIRMAN COYLE: Sure, it's closed.
COMMISSIONER HENNING: The -- this is within a density
band, so you're allocated beyond four units per acre, three additional
units, I believe.
MR. YOV ANOVICH: Yeah. The theoretical density would be
598, if we got the three units per acre on the 40 acres that are in the
residential density band.
COMMISSIONER HENNING: Right. And what you're asking
for is 4.52.
MR. YOV ANOVICH: Right.
COMMISSIONER HENNING: So that's basically a half a unit
per acre above your base density?
MR. YOV ANOVICH: Correct.
COMMISSIONER HENNING: Which equals 78 units. Trust
me.
MR. YOV ANOVICH: I'll trust your math.
COMMISSIONER HENNING: Forty -- let's say. No, I'm sorry,
forty units. And you're giving us the guarantee of building 54
affordable and 54 workforce.
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And I'd just like to remind the commissioners, we're removing
those density bonuses away from the market rate through our ERA
process, and -- to try to entice more affordable and workforce housing,
and we're going to be dealing with that later on.
He could be asking for an additional three units. He could be
asking for density up bonuses for affordable housing, and he's not
doing that.
So I'm going to make a motion to approve except for the phasing,
because I think that we need the -- those agreements today. We need
those affordable housing/workforce housing today, so I don't want to
put any stipulations on phasing. The other phasing we have done up
and down Collier Boulevard is market rate, and I think that's apropos.
That's my motion.
CHAIRMAN COYLE: Okay. A motion to approve with no
phasing, essentially as changed, but with, I presume, any staff
stipulation?
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: And we're looking at -- what
density are we looking at?
COMMISSIONER HENNING: Four point five four, whatever --
COMMISSIONER FIALA: Requested.
COMMISSIONER HENNING: -- five two. Four point five two.
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER COLETTA: I'll do a second for discussion
purposes.
CHAIRMAN COYLE: Okay. Commissioner Coletta's motion
for second.
COMMISSIONER HENNING: If it doesn't have a majority, I'm
going to remove it. I know Commissioner Halas has a lot of concerns.
Anybody else does, I'll remove my motion.
COMMISSIONER COLETTA: I just -- I had some questions on
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it, if I may.
CHAIRMAN COYLE: Commissioner Fiala was first.
COMMISSIONER COLETTA: Oh, I'm sorry. Go ahead.
COMMISSIONER FIALA: Yeah. It's all right.
I had to agree with Commissioner Halas, this is exactly what
we're talking about. Yes, we need affordable housing, yes, we need
other -- these other components. We also need to be able to have our
roads passable. And I vowed that I was just not going to increase
density no matter what the issue is if our roads become impassable.
I think this is a wonderful thing for our transportation
department, but with all of these things going in in that particular area,
we want to make sure that when they're finished widening C.R. 951,
as Immokalee Road, that they can still function, so I have to agree
with Commissioner Halas on that.
CHAIRMAN COYLE: I think that answered your question,
Commissioner Henning.
COMMISSIONER HENNING: I'm going to remove my motion.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Well, I -- the only thing I can
recommend is that we go to the draft recommendations here with
phasing, phase it in so that it falls at a time that works for the roads.
I think that you're right, Commissioner Fiala. You've got to be
able to provide for capacity when it's needed.
MR. YOV ANOVICH: And--
COMMISSIONER HENNING: I'll second that motion.
CHAIRMAN COYLE: Okay. You had something you wanted
to say.
MR. YOV ANOVICH: Yeah, I just wanted to -- am I allowed to?
CHAIRMAN COYLE: Sure, go ahead. Yes, we can ask you for
clarification.
MR. YOV ANOVICH: We're attempting -- again, we need the
540 units to make the proj ect work. We're okay about the phasing of
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April 26, 2005
one-third of the units now with two-thirds being deferred until after
951 is completed. I think that addresses the concern you have,
Commissioner Fiala, about the roads being there.
If we can't get to the density we need, we'll stay with what we
have as far as the density, but that doesn't get the alternative alignment
we all think is necessary for Massey and W oodcrest, nor does it get
the affordable housing and workforce housing.
What we're simply asking for is the compromise. If we do the
180 units, which is only 55 units more than we could do today, in
exchange for that you get 36 affordable and workforce units of those
55 in that phase, and you get the remainder of whatever 104 minus 36
is, for affordable and workforce housing in the future.
And we hope that that phasing schedule will work and will result
in the alternative alignment of W oodcrest/Massey that is a
much-needed roadway project. And your staff has -- you know, has
already told you that they would really like to see that happening. It
can't happen without our ability to go forward with the project as we're
suggesting and phasing it.
CHAIRMAN COYLE: We -- yeah, Commissioner Halas has a
question, but I need to clarify this motion first of all, make sure
everybody understands what's being proposed.
Now, we have a staff recommendation which is essentially the
staff recommendation from the last time, which accepted the CCPC
recommendations with the exception of the density reduction and
suggested phasing.
Is that what staff is recommending again? Because there is no
staff recommendation on the updated summary.
MR. BOSI: Well, there hasn't been -- the staff hasn't had the
opportunity to have a position on that because it hasn't been presented
within the PUD.
The staff would -- the staff would defer to the board. But staff
was recommending a condition of the original petition with only 10
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percent affordable housing. So any other workforce housing
commitments, staff would be amiable and would recommend. But
staffs original recommendation was for recommendation of approval
at the 4.52 units per acre with 10 percent affordable housing.
CHAIRMAN COYLE: Okay. But it also addressed the setback
required for the principal structure from the PUD boundary would be
established -- moved from 25 to 75 feet. You had a word correction in
the PUD document, you had a modification to allow for the land
development code regulations to control when they were more
restrictive, you had a recommendation and elimination of note one
from the development standards table be accomplished, replacing
another word and creating a section and called out requested deviation
from chapter 3.05.07 of the LDC, and you also suggested a phasing
program.
Now, I want to make sure that that's what you're recommending
this time also.
MR. BOSI: That is consistent.
CHAIRMAN COYLE: Okay. So if Commissioner Coletta's
motion were to be to accept the staffs recommendation, it would be to
accept the Collier County Planning Commission recommendations
with the exception of the reduction in density; in other words, it would
be approving the density at the 4.52 level with 10 percent affordable
housing, plus these other stipulations?
MR. BOSI: Correct.
CHAIRMAN COYLE: Is that what we're saying? Is that okay
with you?
COMMISSIONER COLETTA: That's fine. Just one
clarification there. Ten percent is what we agreed on before as far as
the affordable housing element? I'm trying to recall.
MR. YOV ANOVICH: Yes. I mean, originally your motion,
Commissioner Coletta, included 15 percent affordable, but the last
time we came back and proposed 10 percent affordable, 10 percent
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April 26, 2005
workforce, and your motion also included that the setback from Tree
Farm Road, essentially, would be 50 feet first 1,000 feet because
there's a building that's closer than the 75 feet. And that's --
COMMISSIONER COLETTA: Is there anything wrong with,
when we talk about the motion and the making of the motion, with the
original motion that we made before with the 10 percent workforce
and 10 percent affordable?
MR. YOV ANOVICH: No, that's fine. Yeah, we're fine with the
10 percent workforce, 10 percent affordable.
COMMISSIONER COLETTA: And the phasing issue, you don't
have a problem with that?
MR. YOV ANOVICH: You're talking -- the phasing of the 180
units that we're proposing, with the balance after 951 ?
COMMISSIONER COLETTA: That's correct,
MR. YOV ANOVICH: Yes, we're fine with that. That's where I
am.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: I got a question.
CHAIRMAN COYLE: Yes, Commissioner Halas, go ahead.
COMMISSIONER HALAS: I'm still not comfortable with the
full amount of density, and I feel that if -- in order for me to support
this, it's going to have to be 3.5 units per acre.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: I could go four because I believe
that they're allowed four on that land, and that's without giving any
density.
COMMISSIONER COLETTA: Well, let's do away with the
affordable housing element, because they can't afford to do it. We've
been there before.
COMMISSIONER HALAS: Oh, come on. Don't tell me that.
Are we here for the people or are here for the developers?
COMMISSIONER COLETTA: We're here for the people. Go
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April 26, 2005
ahead and make the motion and see if they want to do it.
CHAIRMAN COYLE: We've got a motion. And do we have a
second? Commissioner Coletta?
MS. FILSON: We have a second.
CHAIRMAN COYLE: We have a second. Do you want me to
proceed with calling this motion?
COMMISSIONER COLETTA: We have a second, correct?
MS. FILSON: Yeah. Commissioner Coletta made the motion,
and I have a second by Commissioner Henning.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Well, I don't think it's going to
go anyplace. It sounds like we're going to go around the whole thing
as we did before.
Let me ask another question before I proceed. If we were to take
-- and I think the issue has to deal with when these things come online,
because the density issue has to remain there to be able to get the
affordable element.
If we were to move the affordable element to the back side of the
requirement, in other words, after 951 was done, could you reduce the
number of units that you could build up front if they were market
units?
COMMISSIONER HALAS: I'll go along with that.
COMMISSIONER COLETTA: I'm sorry?
COMMISSIONER HALAS: I'll go along with that.
MR. MUDD: I think what he just asked you, Rich, is, could you
only bring 150 units on at the first part, and then bring those 30
some-odd later on out of that --
CHAIRMAN COYLE: Three sixty.
MR. MUDD: Five forty.
COMMISSIONER COLETTA: And the advantage to this would
be is that, you know, your profit would be with the marketable units.
We know that you don't make a lot of money off the affordable.
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MR. YOV ANOVICH: So you would like a -- let me see if I get
this right. You want 150 in the first phase, of which we would not be
required to provide workforce and affordable during the first phase?
COMMISSIONER COLETTA: That's correct.
MR. YOV ANOVICH: We could do that. If we wanted to, we
could, but we could do it -- defer it to the second phase if we wanted?
COMMISSIONER COLETTA: That's correct. It couldn't
exceed the 150.
MR. YOV ANOVICH: But we can't go past the 150.
COMMISSIONER COLETTA: Okay. That's the way I amend
my motion.
MR. YOV ANOVICH: With the same 540 for the overall
project?
COMMISSIONER COLETTA: Yes, that's correct. And then we
have it where 951 's in place, and everything's in place, Tree Farm
Road. Everything is ready to go so that we serve the best needs of the
public.
CHAIRMAN COYLE: Before you commit anything on an
incremental basis with respect to trying to get enough votes to get this
thing approved, I think -- I think you need to understand where I stand
on this.
And although I supported this project when it came to us the first
time, I do not now support it. And in view of the legislation we have
been confronted with over the past several weeks, I have essentially
adopted a philosophy that there should not be any more up-zoning and
increased density.
And I would not likely support this project, even if you made
these concessions. So I want -- in all fairness, you need to know that
before you start trying to make concessions for people here, and I just
don't want to blind-side you on that.
MR. YOV ANOVICH: And I appreciate that, Commissioner
Coyle, and I would hope that we can distinguish this from other
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projects, because we're asking for an up -- you're right, we're asking
for increase in density in exchange for affordable housing and
workforce housing.
I think that's different than coming in and saying, please increase
my density so I can do just market rate units. I would hope if you're
going to adopt that position, we can distinguish proj ects that provide
affordable housing and workforce housing from a blanket rule of a no
increase in density, along with the fact that we're trying to assist the
transportation system by dedicating for free, Massey, you know, 50
feet, to make that actual connection.
I hope that that would distinguish our proj ect from a proj ect that
just came in and said, listen, I've got a base density of X, I'd like to
increase it because the compo plan would allow me to increase it, but I
don't want to provide anything in return for that. I would hope we
could distinguish those --
CHAIRMAN COYLE: I think that's a fair assumption. It
depends upon the degree, and I don't think we're there yet.
MR. YOV ANOVICH: And I would submit that if we were
going to do 54 units, the increase in -- if I were willing to do 10
percent of my -- Cormac might be the better person to tell you what
that would really equate to, because we're asking for a half a unit per
acre. If I were to come in with a straight affordable housing density
bonus, I think the bonus would be significantly more than a half a unit
per acre.
CHAIRMAN COYLE: I understand. I'll tell you, my initial
reaction is that I'm inclined to vote for increased density only when
the project is affordable housing, because it's very difficult for me to
sort out what is the appropriate ratio, and I am really beginning to feel
concerned that approving increases in density beyond what has
already been allowed is, one day, going to cause us severe difficulty,
because I do know that this fight we have been through is not over on
impact fees and other things.
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And I am very, very leery of going out on that limb too much
further. But I -- let me let Commissioner Henning ask his question or
make his comments, because he has been waiting for a while.
COMMISSIONER HENNING: Thank you. The half a unit per
acre equals 40 units, less than 40 units because you're dealing with 78
acres. The 108 units of workforce and affordable is still -- those trips
on the road are still going to be in Collier County, but most likely they
will be further out, either in the Immokalee area or Lehigh Acres,
Charlotte County. So we're extending the trips, therefore, adding
more need for transportation dollars.
If we can contain these trips locally, we won't need more
transportation dollars. If you think about it, they're asking for 40 --
less than 40 units more out of their base density, and what we're
getting in trade is 108 less than market rate. So that's the tradeoff.
COMMISSIONER FIALA: Base density is four units per acre,
right?
COMMISSIONER HENNING: Correct, in the urban area.
CHAIRMAN COYLE: But they were approved for substantially
less than that.
COMMISSIONER HENNING: And they were approved on that
because of the previous developer, and we didn't hear commitments
for Treeline (sic) Road and Massey. We didn't hear that. N ow that
you're getting that, they're helping -- they're part of the transportation
solutions instead of part of the problem.
MR. YOV ANOVICH: Yeah, I'd like to distinguish us from the
previous developer, who I would like to say was not cooperative.
We're cooperating in the solution by dedicating Tree Farm Road, by
building a million dollars worth of Tree Farm Road, by dedicating,
you know, the Woodcrest/Massey corridor, by doing inclusionary
zoning, by doing workforce housing and doing affordable housing.
I don't know of anybody else who's come in and said, we're going
to do it internally to our project to get this done. I think we are an
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affordable housing proj ect. I don't think we're -- no affordable
housing project is a hundred percent affordable. We're coming in with
-- not trying to come in with a density bonus to the max.
But I think we're working with you. I think Cormac quickly did
the numbers. I mean, you're talking about a $19 million commitment
to affordable housing based upon the price points for the affordable
units and the price points for the workforce units, and this land is
actually being used to work for improved lands on Immokalee Road
that will be affordable housing, Arrowhead.
So this project actually is not only doing affordable here, but will
result in affordable housing in Immokalee as well.
So I would hope that that's enough to distinguish it from the
predecessor developer who, I think we can all say, was less than
looking to solve the problem, and why I think they got the 250 they
got, which is -- maybe if they had worked, we might have started out
with a little bit better base.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. So what you have -- the
zoning you have on that land right now is 250, but really if you had no
zoning on there, you would be allowed, by right, four units per acre,
which would be 476 units on 119 acres, right?
MR. YOV ANOVICH: I trust your math.
COMMISSIONER FIALA: Okay. So 476, that's 119 acres at
four units per acre, and that -- you know, if it weren't rezoned to far
less, you could at least get that many on it. And I'm willing to do that.
I mean, if you didn't have the zoning on there, I'm willing to give you
the units that you would have had by right anyway.
MR. YOV ANOVICH: With no affordable units?
COMMISSIONER FIALA: Hmm?
MR. YOV ANOVICH: With no affordable housing to come with
it?
COMMISSIONER FIALA: No, no. I think you can still put the
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affordable and the workforce in there.
MR. YOV ANOVICH: What's my -- are you talking about 10
percent of the 476 would be affordable?
COMMISSIONER FIALA: Well, 10 percent would be
workforce.
MR. YOV ANOVICH: So are you asking me for 48 plus -- I
mean 10 percent would be -- 48 would be affordable and another 10
percent, 48, would be workforce, so 96 units that would either address
workforce or affordable of the 476? Is that what you're -- is that what
you're proposing?
COMMISSIONER FIALA: (Nods head.)
MR. YOV ANOVICH: Commissioner Coyle, can I ask you to
take just a couple-minute recess, let us digest what's all just happened?
CHAIRMAN COYLE: County Manager, can we go to another
item?
MR. MUDD: Oh, yes, sir.
CHAIRMAN COYLE: Do you need a recess right now? Can
you take 10, 15 minutes more for -- okay.
Can we go to item -- and we'll take a recess, Rich, for this
particular --
MR. MUDD: Do me a favor -- you're going to have to table this
item and bring it --
CHAIRMAN COYLE: We'll table it.
MR. WEIGEL: You can postpone the item to come back after
the next item, or table it, taking a motion either way, and that takes
precedence over any other action that's on the floor.
CHAIRMAN COYLE: Okay. Why--
COMMISSIONER HALAS: I make a motion to table this.
CHAIRMAN COYLE: Okay. And bring it back after the next
item.
COMMISSIONER HALAS: Bring it back after the next item.
CHAIRMAN COYLE: Okay. I'll second.
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April 26, 2005
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. 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: Any opposed, by like sign.
Okay. Let's go to-
Item # 1 OC
PRESENTATION OF THE THREE FINAL PROPOSED DESIGNS
FOR THE COLLIER COUNTY FREEDOM MEMORIAL WITH
ENTRY (DESIGN) #7 CHOSEN. COLLIER COUNTY WILL
PROVIDE THE INITIAL DESIGN AND SITE PLAN - APPROVED
MR. MUDD: Commissioner, the next item --
CHAIRMAN COYLE: -- 10C.
MR. MUDD: What, sir?
CHAIRMAN COYLE: Go to 10C.
MR. MUDD: 10C?
CHAIRMAN COYLE: Yes, sir. We've got people who have
been sitting here all day.
MR. MUDD: Yes, sir. 10C is the presentation of the three final
__ okay, ladies and gentlemen, if you've got a conversation, take it out
in the hallway, please.
10C is the presentation of the three final proposed designs for the
Collier County Freedom Memorial, and John Veit will present. There
he is.
MR. VEIT: For the record, John Veit, Collier County Parks and
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Recreation park superintendent. Do you want me to make this real
brief so they don't have much time?
CHAIRMAN COYLE: No, I want to make it as thorough as is
necessary, but hopefully it won't take too much time for us to reach a
decision based on your recommendations.
MR. VEIT: Very good, sir. I would like to give you a brief
review of the memorial. Back in May, almost a year ago, the 25th, the
board had designated by proclamation September as Freedom Month
and all in perpetuity.
Part of that objective was to come up with a design of a Freedom
Memorial for Collier County. As the statement is for the Freedom
Memorial, to pay tribute to service members who have sacrificed their
lives to preserve our freedom and to honor law enforcement officers,
firefighters, emergency medical personnel, and civilians who perished
during September 11th, 2001, attacks on the World Trade Center, the
Pentagon, United Flights 175 and 93, and American Airlines Flights
77 and 11; to acknowledge the survivors of the horrific terrorist attack
and to show consideration for family members of those murdered; to
pay homage to all Americans who have sacrificed for the defense of
our nation, for peace, and for freedom; to symbolically display the
strength of the America spirit in times of tragedy.
Initially when this started off, we had a very low response as
such, and we had delayed the deadlines on several occasions. We
actually went beyond local and we petitioned nationally, and we
eventually wound up with 32 design proposals.
At that time a seven-person independent jury was assembled to
evaluate the entries based on this following criteria: The memorial
mission statement, which I have just read to you, and program
considerations inspire and engage people to learn about the events and
impacts of September 11 th, 2001.
The memorial design should complement the existing area, and
the budget for the memory will depend upon the memorial design and
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excellence in design and vision.
I would like to give the names, and if the individuals are here on
that independent panel, I would ask them to rise. Peter Thomas, who
is an award-winning broadcaster and the voice ofPBS; Wayne Smith,
former CEO ofB.F. Goodrich Chemicals; Jerry Sanford, public
information officer, North Naples Fire Control and Rescue District,
and also a former New York firefighter and knew personally some of
the guys that fell; Claude Haines, deputy tax collector with the Collier
County Tax Collector's Office; Rex Button -- Buxton, excuse me,
publisher of the North Naples Journal; Mike Reagan, president of the
Greater Naples Chamber of Commerce; and the honorable Jennifer
Edwards, Supervisor of Elections.
After several meetings and process of elimination, they have
come up before you with three selections. I would like to commend,
the 32 who, in my opinion, didn't lose, but they were very much a part
of what this was.
And personally, I had submitted one, and it was an honor, and I
am so fortunate that we have so many great designs that came in. I
have two individuals who would like to say a few words. I would ask,
Sue, maybe you put the timer on for one minute, and I promise
probably won't take any more than five each.
But first is Rich Gibbons, who is a firefighter, a retired
firefighter.
CHAIRMAN COYLE: Can we -- can we get the three selections
on camera so people can see what we're talking about?
Okay. That is which one, entry number seven?
MR. VEIT: Yes, sir.
CHAIRMAN COYLE: Okay. Okay, go ahead, Rich.
MR. GIBBONS: My selection for memorial is the one you see
right now, because that represents the American Flag, and the
American Flag, to me, means very much, very, very much, and to
honor the firefighters, the American Flag that raised over the
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wreckage of the Twin Towers, that would represent that, too.
And you just have to go outside in the hall next to Burt Saunders'
office and look at the picture of about 343 firefighters. That will tell
you that would be the best memorial to put out there.
Thank you.
CHAIRMAN COYLE: Okay. Thank you, Rich.
MR. VEIT: The next speaker was one of your panelists, Jerry
Sanford.
MR. SANFORD: Thank you, Commissioners. I want to thank
you all for spearheading this wonderful memorial to not only all the
firefighters from New York City, but also the flight members that lost
their lives on the planes in Shanksville, Pennsylvania, and also the
Pentagon.
We had a very difficult choice in narrowing it down from 32
down to this three. The one on the right, the Freedom Memorial with
the fountain in the middle is entry number 13. Myself, it's a
wonderful tribute. I just felt that you might see this in other cities.
What I had in mind was something unique.
Entry number seven -- excuse me, entry number three is a
fountain with -- would have the two Trade Center buildings in the
middle with water coming down the sides.
But my favorite from the first time I saw it was entry number
seven as -- to echo some of Richie's words. It's the flag, the waving
flag, which is patriotism to not only firefighters, police officers, EMS
personnel, but to the armed forces.
It sits on a replica of the United States of America. Around it are
stones, which each would represent one of the states, and behind it is a
park bench, which would be Shanksville, Pennsylvania, at one, also
with the Pentagon, and the third would be the World Trade Center.
This was my favorite, and I strongly urge you to vote for number
seven. And I was very proud to be part of this whole project.
Thank you very much.
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CHAIRMAN COYLE: Thank you, Jerry.
MR. VEIT: Thank you, Jerry.
CHAIRMAN COYLE: Are you finished, John, with the
presentation?
Okay. So, Commissioners, we would ask that you agree upon the
memorial to be selected and built on the grounds essentially in the
area between the courthouse and what used to be the old supervisor of
elections building.
I certainly believe that we need something that is unique, is
different, that inspires patriotism, that recognizes those who lost their
lives, and provides some guidance historically about what happened
on that day, and this particular memorial does that. It does all of those
kinds of things, and I would urge you to seriously consider it.
And I would make a motion that we select this entry. What entry
is this, number seven?
MR. VEIT: The actual order of selection was seven, 13 and
three, as the order of progression --
CHAIRMAN COYLE: So the selection committee selected this
as number one also, is that --
MR. VEIT: That is correct, sir.
CHAIRMAN COYLE: All right.
COMMISSIONER HALAS: Which one is the one on our -- that
says Collier County Freedom Memorial with the arches and the
American Flag flying?
COMMISSIONER FIALA: Excuse me. I wanted to second that
so we have room for discussion. Excuse me.
CHAIRMAN COYLE: Okay, all right.
MR. VEIT: And the precedence of order, the one closest to me
would be three, seven, and 13.
COMMISSIONER HALAS: Wait a minute.
CHAIRMAN COYLE: Okay. That's better. Okay. That's one
Commissioner Halas -- it's 13, Commissioner Halas.
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COMMISSIONER HALAS: Thirteen, okay.
COMMISSIONER FIALA: And it's going on the lawn between
our building and the supervisor of elections building?
CHAIRMAN COYLE: The courthouse building and the old
supervisor of elections building, in that general area; is that right, Jim?
MR. VEIT: Yes, that's correct. As part of the master plan where
the parking is presently at the courthouse, adjacent and in between the
human resources building now will be grassed area as they develop
the parking lot out in the further part of the --
MR. MUDD: Commissioner, you just have to remember that
we're going to have a courthouse annex, okay, that's going to come out
in the green area, so we're going to put that green area farther out.
Part of our plans is to get the parking away from the buildings.
That's bad for security. And then we're going to extend that green area
out, and that's where this would be located, sir. But that would be part
of a design and site plan work that would be done, and I'll talk about
that later after the board decides what they want to do.
CHAIRMAN COYLE: Okay. Thank you.
Okay. Any discussion?
COMMISSIONER COLETTA: I think it's important to note that
the funds that are going to be coming from this are coming from
donations from outside of county government.
CHAIRMAN COYLE: Yeah. And Jerry and the other guys
involved are going to be very, very active in doing that. I would hope
we would not exclude the possibility of some government
participation, but it certainly would be our intent to try to get private
funds to fund this.
MR. MUDD: Commissioner, I would make a recommendation,
so that you have an idea of what those funds would be, that from a
government perspective, you do the design and the site work, okay,
where it's going to be located and what it -- and what the design would
look like, and you'll get an idea of what the costs are when you do
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that.
CHAIRMAN COYLE: Okay, good.
MR. MUDD: And then the folks that work with Mr. Veit -- now,
Mr. Veit's precluded from going out there trying to get donations, but
the other folks can, and at that particular juncture, donations ca~ be
used for the construction of the particular project.
CHAIRMAN COYLE: Okay. But Jerry and Rich are good
campaign -- good fundraisers, so I think they'll be able to help us a lot.
Okay. We've got Commissioner Fiala, you were here first.
COMMISSIONER FIALA: Okay. On this one, number seven, it
has a lot of parts to it. Will that all fit on that land once the courthouse
is enlarged and once our parking lots are in? It doesn't look like there
would be very much land to accommodate that.
CHAIRMAN COYLE: No. It's only 70 feet across, as opposed
to that one, which is considerably larger. But this one -- this one is
designed to be placed on a 70- foot wide piece of land.
COMMISSIONER HENNING: Is that including the setbacks?
COMMISSIONER FIALA: And that's 70 feet out there, huh?
CHAIRMAN COYLE: No, we'll waive the setbacks surely for a
government facility, right?
COMMISSIONER FIALA: And that's 70 feet out there, huh?
CHAIRMAN COYLE: Well, it really hasn't been identified. But
what we will essentially be telling the county manager is, whichever
one we select, find the room to put it in. That's essentially what it is.
So whatever -- whichever one you select is the one that will be built,
and the county manager will provide the space for it.
Any other -- oh, I'm sorry, Commissioner Halas?
COMMISSIONER HALAS: I like number seven, but what I like
about number 13 is that it's -- the openness of it, in that any other
government buildings that we have in the background, I think, will --
this will be in the forefront and you'll be able to still see the
government buildings, which I think also depicts not only the
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democratic way that we in the United States perform government, but
also it shows that we have the American Flag and the freedom, and I
think freedom and courage is probably foremost in all of our minds,
because most of us, I think, on this panel, at one time or another,
served on the military.
So I guess I'm just partial to the columns and to the openness so
that it doesn't obstruct the view of the other government buildings that
will be on the -- on the campus here.
CHAIRMAN COYLE: Okay, yeah. It's certainly the more
traditional memorial. But the problem that you have with that one is
that I don't believe we can build it as large as it is shown in that
particular scale.
COMMISSIONER HALAS: What was the scale on that,
Commissioner? Do you happen to know offhand?
CHAIRMAN COYLE: This one right here, I can't tell you
offhand, but those columns are at least 25 to 30 feet high.
COMMISSIONER HALAS: Do we have an architect in the
crowd?
MR. VEIT: We do have an engineer up front.
COMMISSIONER HALAS: Yeah.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Commissioner Coyle, in your
motion, would you include that the county will pay for the design of
this? And this -- and that way we are a participant, everybody's a
participant, and you could deal with issues about sites, and you also
can also get a cost estimate, so the folks who are going to raise the rest
of the money to construct it have an idea.
CHAIRMAN COYLE: I would be happy to do that. And I
would say to you that the people who have to raise the money, I think,
have selected -- or are recommending number seven because they
think that it will generate more interest as far as fundraising is
concerned.
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April 26, 2005
And there's even been some talk that you could try to get
contributors for each one of those granite blocks to build that granite
wall that symbolizes the flag.
But, yes, I would modify my motion to select entry number seven
and have Collier County to provide the initial design --
MR. MUDD: And the site plan.
CHAIRMAN COYLE: -- and the site plan, and then look to
other agencies for raising the private funds necessary to do the
construction.
MR. MUDD: Construction.
COMMISSIONER FIALA: I'll include that in my second.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Call the motion.
CHAIRMAN COYLE: Okay. All in favor of the motion, please
signify by saying eye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Okay. Well, it's hard not to like any of
them, you know. They're all good.
COMMISSIONER HALAS: They're all very good.
CHAIRMAN COYLE: You know, the people did a wonderful
job, and I'm very pleased that we had so many people from all over
the United States, I think, submitting these designs.
MR. VEIT: That is correct, sir. In fact, one of these entries was
-- came in from Maine.
CHAIRMAN COYLE: Really?
MR. VEIT: Yes, sir. The other two are local.
CHAIRMAN COYLE: When are we going to find out who the
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artists are who -- we intentionally --
MR. VEIT: After you select the one that you feel is best suited
for this county, all of that information, all of the artists and all of their
designs would certainly be released at that time.
CHAIRMAN COYLE: Okay, good. Well, the vote carried. We
have selected number seven as the preferred design, although all of
them are to be congratulated for their wonderful submissions, and I
appreciate their participation, and certainly the help of those who've
worked on this selection committee.
MR. VEIT: For the information, sir, that you have asked, for
number seven, I do have the three entries that are in front of you
today. I hope I do justice in names, but I'm very terrible with them.
Gerald A. Ladue, who resides in Maine, number seven.
COMMISSIONER FIALA: He's here, oh.
MR. VEIT: And we have the artist here available.
CHAIRMAN COYLE: He's the one who designed number
seven?
(Applause.)
MR. VEIT: Yes, sir.
CHAIRMAN COYLE: Congratulations, Mr. Ladue. Thank you
very much. Wonderful job.
MR. VEIT: On, entry three, it was a local from Naples, Anthony
Campla. I don't know if we have him here. And on the number 13,
David Driapsa, with landscape architects, locally a Naples realtor, yes,
SIr.
CHAIRMAN COYLE: Excellent.
MR. VEIT: And certainly we will go ahead and release the
names of all the other entries, and you guys will be able to see the one
I gave.
COMMISSIONER HALAS: Thank you. You just got them.
The newspaper reporter's back there.
CHAIRMAN COYLE: Thank you very much.
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April 26, 2005
MR. MUDD: Mr. Chairman, I would ask John if he'd do one
more act, okay, in this process, is make sure we get thank you letters
out with your signature on them.
CHAIRMAN COYLE: Absolutely, absolutely.
MR. VEIT: Yes, sir.
CHAIRMAN COYLE: Yes.
MR. VEIT: That's very much intended.
CHAIRMAN COYLE: And you might want to just turn this
around so that the audience can see it for the rest of the day.
COMMISSIONER FIALA: And Mr. Chairman, could we have
the artist, as long as he's here from Maine --
CHAIRMAN COYLE: Yeah, could we get a picture?
COMMISSIONER FIALA: -- take a picture with his -- his
drawing for our county government.
CHAIRMAN COYLE: Yes, that would be great. Do we have a
photographer handy, Jim?
MR. MUDD: You from Boston, are you?
MR. LADUE: Massachusetts.
MR. MUDD: Massachusetts. Are you a Yankee fan or Boston
fan?
MR. LADUE: Boston.
MR. MUDD: I'm going to ask you to just hold it, okay. That
would be wonderful.
CHAIRMAN COYLE: Do we have a --
COMMISSIONER HALAS: Wait till the cameraman comes,
probably.
CHAIRMAN COYLE: You might be holding that all afternoon.
MR. MUDD: What we'll do is --
COMMISSIONER HENNING: Larry, don't you have a camera?
COMMISSIONER HENNING: I think they went to get one.
MR. MUDD: It's on the way.
CHAIRMAN COYLE: Are they getting the shot with the
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in-room cameras?
MR. MUDD: Yes. But we're also going to get a still right now.
CHAIRMAN COYLE: Okay, good.
MR. VEIT: The lady you see approaching you is Sandra Arnold.
Because of the compromised situation that I was in, she almost
single-handedly had taken over this portion of Freedom Month, and a
great recognition goes to Sandra Arnold. Thank you so much.
(Applause.)
CHAIRMAN COYLE: Thank you, Sandra.
MS. ARNOLD: Thank you very much.
CHAIRMAN COYLE: Thanks a lot, and thank you. I'd like to
shake your hand.
(Applause.)
MR. VEIT: That does complete our presentation, sir.
CHAIRMAN COYLE: Thank you, John.
MR. VEIT: Thank you, sir.
CHAIRMAN COYLE: Appreciate all your help. Thank you.
MR. MUDD: Commissioner, that brings us -- how we doing--
CHAIRMAN COYLE: Back to item -
MR. MUDD: That brings us to 9D.
CHAIRMAN COYLE: 9D, back to 9D.
MR. MUDD: 9D is an item that you asked to be brought
forward, it's Commissioner Coyle, to discuss the growth management
bill, House Bill 1865 and Senate Bill --
CHAIRMAN COYLE: Wait a minute, Jim. We were going to
resume --
MR. MUDD: Excuse me. Mr. Yovanovich was postponed.
CHAIRMAN COYLE: Yes. We're going to bring him back
right now. Are you ready, Rich?
How are you doing?
COMMISSIONER HENNING: Let's take a recess.
COMMISSIONER FIALA: We've got a couple other things we
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can do.
CHAIRMAN COYLE: Fifteen minutes, okay. We can go for 15
minutes, Rich. Or can you cover it in 15 minutes?
MR. MUDD: Come on up, Rich.
MR. YOV ANOVICH: I just thought we were going to take a
break.
CHAIRMAN COYLE: Okay. I'll tell you what. Okay. Let's do
it simpler. Jim, let's go to the one you were planning on going to, I
can get my discussion out of the way easily in 15 minutes, we'll take a
break, and then we'll come to you and then we won't interrupt you,
okay?
MR. MUDD: Okay. It's 9D, it's an item that commissioner--
MR. WEIGEL: Excuse me, Jim, Mr. Chairman, because the
motion to table was for one item only, you'll need to entertain another
motion to table for another item only.
CHAIRMAN COYLE: Is there --
COMMISSIONER HALAS: Let's get it out of the way.
CHAIRMAN COYLE: I don't know if she can go forever.
We're going to take a 10-minute break, and then we'll come back
and do yours.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
Item #8C- CONTINUED FROM EARLIER IN THE MEETING
CHAIRMAN COYLE: Okay. And we're going to hear 8C now,
I hope.
MR. MUDD: Yes, sir, and that's Warm Springs.
CHAIRMAN COYLE: Okay.
MR. MUDD: Mr. Yovanovich?
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MR. GIBLIN: Commissioners, Cormac Giblin, for the record.
I'd just like to see if I can summarize a few things from the affordable
and workforce housing perspective and try to put this into a little bit of
perspective in how this project can work into the county's overall
affordable housing goals.
As proposed, the developer is proposing to do 108 affordable and
workforce housing units; that would be 54 affordable and 54
workforce.
Last week I ran an MLS, Multiple Listing Service, search for
homes for sale in Collier County less than $150,000. There were four
homes for sale in the entire county less than $150,000. As proposed,
this project would bring 54 homes for -- into the -- for sale at that
range.
The developer, by doing those 108 units, is basically putting
forward a $19 million commitment to build affordable and workforce
housing near to the urban -- or in the urban area. It would reduce
traffic from Lee County or Immokalee coming into the work center
every day.
And just a few more things for -- to add a little bit of perspective.
We're having an affordable housing workshop, as you know, next
week, and that's why I've got some of these figures on the top of my
head. One out of every six of our employees currently lives in Lee
County and drives in every day to come to work.
This is a true balanced community, inclusionary zoning and
practice. And at least from the affordable housing department's
perspective, is a very good project for Collier County. And any other
assurances we can give you that it is such, I'd be happy to answer any
questions.
CHAIRMAN COYLE: Okay. Commissioner Henning has been
on the board for a long time. Do you still have a question,
Commissioner Henning?
COMMISSIONER HENNING: That, maybe, was the previous
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one.
CHAIRMAN COYLE: Maybe it was from the last time, okay.
Commissioner Halas?
COMMISSIONER HALAS: Yeah. I just want to make it
perfectly clear that I'm not opposed in any way to affordable housing
or workforce housing. What I have got concerns about is the e-mail
that I receive on a daily basis of the people that have a problem getting
in and out of the urban area.
And I have some concerns -- and I know we're trying to address
the capacities of the road. But even today as we approved Ave Maria
and we approved additional traffic to be promised to that developer,
yes, some of that traffic may go into Immokalee, but a vast majority of
that traffic will be coming into Naples. Why? Because people will be
going to the beaches, people will be going to the restaurants, people
will be going down to 5th Avenue, and all this impacts our road
system throughout that whole quadrant.
Yes, I think that the developer has done a great job addressing
some issues that we have in regards to roads. But I also look at the
impact -- that as we develop out, that I'm concerned that we're not
going to have the capacity for this.
The other concern that I have is that the developer has been
before us before -- and I know that it was someone else that owned the
property, but when we approved the 250 units, I can't quite understand
the reasoning why -- that when somebody buys something that they
realize that they may have a problem in meeting the commitment or in
meeting the price goals.
So what we have done here is, when we opened up the discussion
here, I said that -- I looked at all aspects of this and said, you know, I
appreciate everything that the developer's doing, but I also got some --
still got concerns about the traffic. That's why I opened it up at three
and a half units per acre, because I believe you were at two units per
acre or less before. And I just have some concerns in regards to us
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addressing all of the traffic and everything else that's coming into
Collier County.
We've got power failures, too.
COMMISSIONER COLETTA: They're sending us a message.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. Okay. Let me
go over a couple of the facts as I see it. This affordable housing
element down there, I can see this providing housing for the teachers
in there, the schools in that area, I see it providing housing for the
people that work over there in the Sweet Bay Market and the stores
that are over in that area.
I think that the direction that we're going is affordable housing
element in this inclusionary zoning. That's the thing I've been hearing.
That's what we've been aiming for. We finally have something
happening that's going in that direction, and we're coming back on it
for density.
We know that the facts are very simple. When you're dealing
with density, you can't deal density in affordable housing. You heard
what the price of housing is in Collier County. Not so much the
house, it's the land it sits on.
The land that I purchased at 30 -- no, excuse me -- at $17,000 in
'84 is now worth about $370,000. It's unreal. So when you get
through with it and you divide the cost of that particular land up for
housing, the only way you can put in anything that's affordable is by
density of some sort.
Now, we've listened to them about the traffic situation. And I'm
going to have -- well, either Norm or Don Scott come up here for just
one second, if I may, and I'm going to ask you a question. I'll ask it on
the way down, because I'm sure can you hear me, Mr. Feder.
The -- what we have here with the improvements that will be
made to Treeline (sic) Road, to the back end of it, what we're looking
to do to alleviate some of the traffic problems, will these
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improvements be a net gain for the whole thing or will they be a net
loss with the development that's going in?
MR. FEDER: It looks like it will be a net gain. You're talking
over 12,000 vehicles that will be handled even on a two-lane
provision. But the key is, all of those trips have other avenues out,
and they are metered in their impact to both 951 or Immokalee or
Vanderbilt Beach Road, which allows us then to make sure that the
primary arterials receive the capacity they need.
COMMISSIONER COLETTA: Okay. Mr. Feder, does it make
sense for us to phase this in so that we have a minimal amount of units
on the front end and the majority of the units taking place after 951
and that six lanes is completed?
MR. FEDER: Yes. If you could phase it in, obviously I'd much
rather the impact not be there until 951 was fully constructed.
What I heard today, I think, would be reasonable in the sense that
I would recommend that you try to get some of your affordable and
workforce housing in that first increment because they also will help
in reduction of trip lengths and trip demand.
The trips are going to be out there one way or the other. What
we're trying to do is get them closer. 951 is becoming a larger area of
commercial and employment, has to be. We also need some further
east, as I said. But right now, a big area is 951. So having workforce
and affordable housing in that area, I think, is very important.
COMMISSIONER COLETTA: Okay. The next one here -- Jim
Mudd, maybe you might be able to elaborate on. Do you remember
when the original developer came to us for the housing issue, and it
was -- what was presented was not all that advantageous, there seemed
to be a stumbling block in there, the developer seemed to be fighting
us. I think you can recall the situation quite well.
At that point in time, the easiest way would be -- would just to be
plain rejecting him, but I think the commission wanted to send a
message by authorizing 250 houses being the limit that could be built
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there. In other words, you know, it was a way of telling him, no, you
haven't met the needs of the public, the affordable housing issue, you
haven't met the needs on the road.
Remember, they were in difficulty about donating it. The
developer was hedging on it. This commission was very much put out
by what was taking place at that point in time. So that number of 250
was set, I believe, just to give the developer the message that what he
had offered was totally unacceptable.
Do you recall that particular juncture when we came to it, Mr.
Mudd?
MR. MUDD: Commissioner, I can't -- I can't verbatim talk about
how it went in front of the Board of County Commissioners, but I will
tell you there was a lot of consternation amongst the commissioners
about Nicaea Academy when it came in front of the board and what
they were asking for.
I also -- I think I remember, and I'm going to have to defer to Joe
Schmitt or to one of the folks that did Nicaea as it first came forward.
I believe the board didn't give him what he asked for as far his density
was concerned, what he asked for. Joe?
MR. SCHMITT: Again, for the record, Joe Schmitt,
administrator of community development/environmental services.
I could share who brought this petition, but we won't do that on
the public record. But it was a petition that certainly, as
Commissioner Coletta, you point out, was not well-received because
the petitioner pretty much presented it, made no offer of any type of
concessions that would make this original proj ect seem to be anything
beneficial in regards to the public good or welfare.
And when the petitioner came back again the second time -- and
I'm not sure if that was -- that was not Rich at that time either. That
was -- that was continued because it looked like it was going to go
down in defeat. So, yes, this petition certainly is a repackaged version
providing many incentives.
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Again, I'm not promoting the project, but certainly recognizing
there were many incentives created in this --
COMMISSIONER COLETTA: And Mr. Schmitt, your opinion
is most valued by this -- no, don't go away.
MR. SCHMITT: Okay.
COMMISSIONER COLETTA: Don't go away -- by this
commission, it's very valued.
From what you can see, looking at this objectively, standing back
and looking at the proposal with the affordable housing element, the
road element, the phasing in, do you see this as a net gain for Collier
County, or do you see this as a loss for residents that live in Collier
County?
MR. SCHMITT: I see it, frankly, as a net gain. When I look at
the site, the site is not overdeveloped. Probably 50 to 60 percent of
the site is in preserve. The density certainly is just a half a dwelling
unit above the minimum, which is four dwelling units an acre, given
the benefits that the county will be receiving in regards to the traffic
improvements and the affordable housing, and in considering all the
other surrounding, already approved and surrounding proj ects, this is
in no way near some of the other density in some of the other proj ects
in and around that area. So I, frankly, supported it, and that's why
staff supported this project overall because of the benefits of the
public good coming out of this.
COMMISSIONER COLETTA: Before--
MR. SCHMITT: Yes, it is an impact in that road network, but as
you heard Mr. Feder -- and there are projects to improve the capacity
in that area.
COMMISSIONER COLETTA: Mr. Feder said it would be a net
gain to the road capacity by the fact of the contribution of the
right-of-way and what we would get out of it when we finished the --
what do you call it, the secondary road in the back of the place --
MR. SCHMITT: Yes.
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April 26, 2005
COMMISSIONER COLETTA: -- to be able to take traffic. So
we don't have a negative. We have a positive there. We have a
positive in the affordable housing part of it. We have a positive in the
fact that we're willing to offset the development of this until that point
in time that the road is in place.
Mr. Y ovanovich earlier, I believe, agreed that he would put off
the affordable housing element, it would be his option, reduce it by
that much until it got to the back side. I'd made a motion, there was a
second to it, and never went any farther with it. That motion was
never retracted and it was never voted on.
MS. FILSON: Correct.
COMMISSIONER COLETTA: And at this point in time, I'd like
to reinstate that motion and see if I still got the second on it to be able
to go forward with the proposal that we go with staff
recommendations and that we phase this proj ect in in accordance to
the number of affordable and workforce housing units to be on the
back end rather than on the front end.
COMMISSIONER HENNING: Second still stands.
COMMISSIONER HALAS: Commissioner, what was your
density on that?
COMMISSIONER COLETTA: The density remains the same.
You can't do it without the density.
COMMISSIONER HALAS: Five hundred forty units?
COMMISSIONER COLETTA: Mr. Yovanovich?
MR. YOV ANOVICH: Does that also include the setback being
50 feet for the first 1,000 feet on Tree Farm Road?
COMMISSIONER COLETTA: That's correct.
MR. YOV ANOVICH: Okay. I just wanted to clarify that as part
of the motion.
CHAIRMAN COYLE: We have a motion by Commissioner
Coletta and a second by Commissioner Henning.
Any discussion?
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COMMISSIONER FIALA: Yeah. Just -- I just want to say
something. This has been very difficult. And the only saving grace is,
the only saving grace is, in my opinion, is that it's going to connect
that roadway system and we're going to finally start building a grid out
there, which means -- and the thing I've been so adamant about all
along is, not to approve any density on a failed road because then you
just doom it to continue to be failed. But by phasing this in and then
not building the rest of it until the road is complete, but that means
that we have other roads to connect. I guess I could -- I guess I could
go along with that.
COMMISSIONER HALAS: So what are we talking density
here? What's the -- how many units?
CHAIRMAN COYLE: Five hundred forty units.
MR. YOV ANOVICH: That's my understanding. And if I could
just say one other -- one other thing, if it's okay, you have a developer
who's willing to come in and address a different price market than a
lot of other developers.
Please understand that at the 250, we're not shying away from
that commitment, Commissioner Halas. We can build those units.
They'll be much higher priced units, and we'll -- you know, they'll end
up -- they'll making -- they'll make money, but he -- that's not his
market. He's trying to address a niche in the market that's not
addressed by most developers. Most of the projects are the highest of
the high-end. You can make plenty of money on 250 units at the
highest of the high end.
The 540 we're talking is about is a different market, a market that
Collier County needs, and in exchange for that, we're addressing the
transportation issue, that's a big issue, as well as affordable and
workforce housing, and that's why we're at the density we're at.
COMMISSIONER COLETTA: I'm going to keep the floor for
just one minute. I want to remind everybody, too, that the motion
maker is voting -- is putting something forward, not that I expect to
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this to be any determining factor, but I just want you to keep in the
back your mind, this isn't a district that I represent.
And I've talked to many, many people up and down that road. A
lot of them are very concerned about anything going in. But for the
most part, you don't see a number of people here up against this today.
For the most part, they see this as a -- I'm sorry, Mr. Schmitt, do you
have something you want to add?
MR. SCHMITT: I just would want to, if I could, ask you to
consider, rather than putting all the affordable housing towards the end
of the proj ect, I think it should be integrated throughout the
construction of the project.
COMMISSIONER COLETTA: I couldn't agree with you more,
but I don't know if that's going to be the thing to be able to carry it.
COMMISSIONER FIALA: Heck, yeah, yeah. I mean, you've
got to put -- I mean, you've got to put -- you'd have to start it in the
beginning.
MR. SCHMITT: I think that certainly the developer is willing to
do that, and I think it would be far more --
COMMISSIONER COLETTA: Then I'd be more than willing to
amend my motion if that would, you know, get the support of the
remainder of the commissioners, that we -- I mean, because I'd love to
see it -- I'd like to see it built before anything else, to be honest with
you, but I know that's not practical.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. The gentleman that's going to
be doing the development out there, we're talking about workforce
housing and affordable housing. Can you give me a breakdown of the
price range of what you consider affordable housing, and then a price
breakdown of workforce housing, then what your -- what the product
line is going to be?
MR. YOV ANOVICH: Sure, I'd be happy to. First of all, to me
workforce housing, we have to sell it to people who make 100 percent
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or less of the median income, so they're going to have -- and there's
formulas that Cormac will tell you that we're going to have to make
sure that they don't spend, I think it's more than 30 percent, of their
gross income on housing costs.
Now, on the affordable it's 80 percent or less of the median
income. Current anticipated market price -- and, you know, things
with concrete can change and things like that, the highest end unit
right now is currently projected to sell for two forty-nine nine.
COMMISSIONER HALAS: Two forty-nine nine for --
MR. YOV ANOVICH: That's the market rate units. That's the
market rate units. The affordable units are tied to percentage of
income. So if interest rates go up, the price we can sell the unit for
comes down.
Right, Cormac?
And so we're locked in on -- 54 of those units have got to be sold
to the people that make 80 percent of the median income. Median
income goes down, our prices come down.
COMMISSIONER FIALA: What about workforce?
MR. YOV ANOVICH: And workforce is tied to 100 percent. So
if the median income comes down, the price of the unit comes down,
as well as if interest rates go up, the price of the unit comes down. So
you're guaranteed that 108 of these units of the 540 will serve those
sectors.
MR. SCHMITT: And that -- just for the record, that's about
$150,000 for that rate for affordable housing.
COMMISSIONER HALAS: Is that workforce housing or
affordable housing?
MR. SCHMITT: That's affordable.
COMMISSIONER HALAS: What's it for workforce then?
What's the median income? It's about 48,000, isn't it?
MR. GIBLIN: Commissioner, the current median income in
Collier County is $63,500.
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COMMISSIONER HALAS: Is that -- I've heard two figures. I
hear one of 48 and I hear one of 60 some thousand, and that's because
of the retirees and what they're getting. So the workforce, the people
that are working, what -- that's income, is 63,000?
CHAIRMAN COYLE: No, Commissioner. The income is the
total household income, not the individual income. And the total, or
average, or the median household income in Collier County is around
63-, 64,000, that's where that figure comes from.
And the affordable housing house costs are based on household
income, not individual income. That's why you'll hear figures that are
higher than what average income is.
MR. GIBLIN: The thresholds for affordable and workforce
housing are based on a -- on the county's median income, either at 80
percent or 100 percent of the median, adjusted for family size.
CHAIRMAN COYLE: Median family income, not individual.
MR. GIBLIN: Median family. So the sixty-three five number is
based on a family size of four at that 100 percent of median income.
If it's only two people, it's less. It's about a 4- or $5,000 reduction or
addition for how many people live in that house.
COMMISSIONER HALAS: I don't understand when you say
for four, and you've got a husband and wife and you have two
children.
MR. GIBLIN: That's a family of four, and the maximum income
in that house --
COMMISSIONER HALAS: Okay. So if you've got two people,
don't they make the same amount of money?
MR. GIBLIN: No, their income limit for that unit would be
about $8,000 less. It's adjusted for family size. So a single person at
the 80 percent of median level can only earn $39,100. And so the price
point would have to meet that, assuming he were building a
one-bedroom unit that a single person would be interested in.
MR. MUDD: So, Commissioner, if you were talking about a
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workforce housing price, take that 63, multiply it by three, and that
kind of gets you in the ballpark of what it's going to go for. It would
be about $190,000. That's how you do that salary, just multiply it by
three, and that tells you what the property should cost. It's the easiest
way I can do it.
CHAIRMAN COYLE: Do we still have a motion?
COMMISSIONER COLETTA: Yes, you sure do.
CHAIRMAN COYLE: Okay. And you've got it seconded by
Commissioner Henning.
All in favor, please signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Opposed, like sign.
Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: So it fails, with Commissioner Henning
-- Commissioner Coyle and Commissioner Halas dissenting.
COMMISSIONER COLETTA: Well--
COMMISSIONER HENNING: I voted in favor of it.
MR. MUDD: No, he basically corrected himself, sir. He said
Commissioner Coyle and Commissioner Halas voting against it.
COMMISSIONER COLETTA: Well, I'm just wondering if the
two opposed people, if they may have a countermotion that may
work? You know, I hate to see all this work to try to get this
right-of-way and the roads and all that go by the wayside.
COMMISSIONER HALAS: Well, my motion would be for a
density of 3.5 units per acre.
CHAIRMAN COYLE: That's 416 units.
COMMISSIONER HALAS: That's 416 units, yeah.
MR. YOV ANOVICH: No, we can't do that.
COMMISSIONER HALAS: And it would be in proportion to --
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the amount of workforce housing would go down in proportion to the
full amount that you requested for originally.
MR. YOV ANOVICH: I understand, but the numbers -- the math
doesn't work. It's still -- it's still too many affordable housing units for
the increase in density. I would hope, Commissioners, that there is --
there's another number.
COMMISSIONER COLETTA: If I may, I'm going to ask the
question directly to you, Commissioner Coyle. You stated that your
concerns are up in Tallahassee rather than down here in Collier
County, what may happen sometime in the future, and that greatly
disturbs me, because what Tallahassee mayor may not do shouldn't
undermine the stability of Collier County. We should be able to be
ready to be proactive at that point in time.
Is there any way that you could work your way around this to be
able to make a motion that would work on this?
CHAIRMAN COYLE: Well, let me try to correct your
perception a little bit. Yes, I'm concerned about the future in Collier
County, not necessarily the future in Tallahassee.
I am concerned about approving too much density increase for
the future because of my fear that we will not be able to keep up with
it and that it will have an inappropriate impact on our transportation
system.
I fully understand that affordable housing, theoretically, reduces
travel on the roads, but I also know from past experience that people
do not always live close to where they work, so -- and there's no
assurance that the people who would buy in this particular housing
development would work anywhere nearby. They could just as easily
commute all the way to Immokalee, as they could commute all the
way to Naples.
So I'm not particularly persuaded by the argument that is has a
major -- or even a detectable impact on traffic on the roads.
So I am concerned about the ongoing practice of taking property
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April 26, 2005
that is zoned for one density and having it rezoned for a substantially
higher density.
I am willing, however, to give density bonuses for affordable
housing developments, but I do not see at the present time in this
development a necessarily high percentage of affordable housing that
would justify this kind of density increase, and basically that's where
COMMISSIONER FIALA: What do you think about four units
per acre, which would be allowed by right on the land?
CHAIRMAN COYLE: I guess I could get to that point.
COMMISSIONER FIALA: That's 476; 476 units.
CHAIRMAN COYLE: I guess I could get to that point if there
were sufficient affordable housing units there.
COMMISSIONER FIALA: Because that would be what they
would be normally allowed anyway, four units per acre. That means
there's no density bonuses here.
CHAIRMAN COYLE: Well, actually they're allowed 250 units.
That's the problem. You know, that's where they're starting is at 250
units.
MR. YOV ANOVICH: And I appreciate that. You had a guy --
and, frankly, you guys offered 476 units, and he walked away from
that offer, the previous developer. Why he did that, I've got no clue,
and that didn't include any affordable housing, it didn't include any
workforce housing.
You're talking about a man who's coming in and saying, in
exchange for 290 additional units, he's willing to give 108 that address
workforce and affordable housing.
Our buildings are 18-unit buildings. The number that works for
us is 504, which is 4.26 units per acre, and -- or 4.24. I can't
remember if it's 4.24 or 4.26.
And since they're 18-unit buildings, 90 workforce and affordable,
split 45/45, that brings the density down and still addresses the grid,
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April 26, 2005
which I think we all acknowledge, we need to address the
transportation grid.
And, again, with the 180, and included in that would be the
percentage of affordable, you know, one-third of -- or it wouldn't be
one-third anymore, it would be whatever that number would be, be a
percentage of the affordable and workforce, would be constructed
during that first phase.
I do believe that this is -- you're sending a message to developers
as to, do you or do you not want to include an affordable and
workforce element in their projects. I mean, this is -- this is a guy
who's coming back and saying, I can do 250, I'll just sell them for
more money, or I can do inclusionary zoning.
COMMISSIONER FIALA: I think the first message we're really
sending out is, do we want to stop our roads from being so impacted,
and do we want to plan for the future.
MR. YOV ANOVICH: Sure.
COMMISSIONER FIALA: That's really the message. Even as
much as you can see people agonizing over the affordable housing, or
whatever the issue is at the time, most important thing is we're
planning for the future, and everybody's going to have to live what we
do up here.
MR. YOV ANOVICH: Right. And this developer has already
given Tree Farm Road right-of-way and agreed to build--
COMMISSIONER FIALA: That was the swaying point --
MR. YOV ANOVICH: -- and is willing to work with Massey,
which is the grid. I mean, transportation is the primary issue, sure.
COMMISSIONER FIALA: I just wanted to set the record
straight as to what message we are sending.
MR. YOV ANOVICH: And I hope we're addressing both. We're
addressing both transportation and affordable housing and workforce
housing in our proposal.
CHAIRMAN COYLE: How can we get any guarantee that these
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houses -- the cost of these houses will not inflate dramatically before
they're built?
MR. YOV ANOVICH: The workforce and affordable?
CHAIRMAN COYLE: No, I'm talking about the others, the two
forty-nine nine.
MR. YOV ANOVICH: Well, economics would kind of tell you,
Commissioner, as far as the marketing and how -- you're really not
going to be able to put $500,000 units with 150,000 and $200,000
units.
There's going to be increases in costs, so I can't -- I can't guess.
Nobody saw fill going up as much as it's gone up, and nobody saw
concrete going up as much as it's gone up.
You've locked in 108 units. By locking in those 108 units,
you've probably tied our hands on a market rate number. I mean, I
can't guarantee what that ultimate number would be. But if you just
look at mix of the project, I don't think it can get into the -- you know,
the super high-end range.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, 4.52 is what the number is
that you are looking for. We've had it suggested that four would be a
number that would work, and, of course, you said it wouldn't, and you
were very blunt about it, and I appreciate your honesty, and I believe
it wouldn't work. I don't think you're going to accept it, you know,
unless you came back with nothing but upscale housing for it, which
I'll tell you what, I'll never vote for it. I don't give a darn what comes
through this place anymore. If it doesn't have affordable housing
element in it, it's going to get a negative vote from me.
But let's talk for just one minute. You're talking 4.52 that you
need to make it work. We're talking four that Commissioner Coyle
has concerns with that this shouldn't go above. Is there any way on
God's Earth that you can make it work with -- split the baby with
4.25?
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MR. YOV ANOVICH: And that's what I'm proposing. At 504
units, that would be halfway between our request and the four that
Commissioner Coyle--
CHAIRMAN COYLE: That was Commissioner Fiala.
MR. YOV ANOVICH: Commissioner Fiala, sorry. I mean, that's
the number.
COMMISSIONER COLETTA: And I think it's wonderful, but
I'll tell you what, I can't make that motion now at this time. I think
that it would have to be one of the two dissenting commissioners that
would see some saving grace in that that would make that or else we're
going to go through this whole charade one more time.
MR. YOV ANOVICH: I've got to -- let's not forget other projects
in the area. Unless W oodcrest/Massey gets done, you know, Habitat
for Humanity has a project up on Woodcrest Road. Ifwe don't get
that done, that habitat project doesn't get done. And that was
something that was very important to Heritage Bay . You know, we --
this is -- this is a bigger scale issue than just our particular project.
CHAIRMAN COYLE: Commissioner Halas had a motion
earlier.
COMMISSIONER HALAS: My motion was that -- it still stands
at 3.5 units per acre. I think that's an increase -- a great increase from
what we started with.
MR. YOV ANOVICH: I'm sorry. What was the number?
COMMISSIONER HALAS: Three point five.
MR. YOV ANOVICH: Okay. You know, 416 units is basically
an increase of 166 units, of which 41 of them would have to be
affordable or workforce, and the mathematics just don't work for the
proj ect to be successful.
We're -- if this were virgin land and didn't have any zoning on it,
I don't think we'd be having such a hard time with this issue. There's
some history with this piece of property where a developer was not
cooperative.
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You've got a guy who took over and is saying, I want to work
with you, and probably would have gotten you to where you wanted to
be a couple of years ago had you had a different developer standing in
front of you. I don't think a density of 4.5, if you forget what's there
today, is that different than what's already in the area.
And bringing it down to four and a quarter is truly not
unreasonable. I mean, Bristol Pines, immediately to the south, did an
affordable housing density bonus agreement and got more than four
units per acre. I mean, we're not out of line with what other
developers are doing for -- in the area.
MR. MUDD: Mr. Chairman, if I could just ask one question.
Mr. Y ovanovich, on this particular item, Commissioner Halas just
talked about 416, and the dynamic that's on the table is 10 percent
affordable and 10 percent workforce.
Is there something that you can do with those percentages, for
instance, could it be 15 percent workforce and 5 percent affordable to
make the numbers work or does it -- or would it have to be -- or could
it be 20 percent workforce, no affordable, in order to get it in the
range? Have you done that kind of math? I just -- I just ask that
question.
That's all I have, sir.
COMMISSIONER HALAS: How about if we go 3.7, and 5
percent is workforce and the other 15 percent is -- or excuse me --
yeah, and then the other 15 percent was workforce housing? Because
workforce housing, your overall price of that is higher than affordable
housing.
COMMISSIONER FIALA: Yeah. And we lack that the most.
CHAIRMAN COYLE: Or make it all workforce housing.
COMMISSIONER HALAS: Or make it -- yeah. That's his
option. You either can have affordable housing or he can have it all
workforce housing, and we'll up the rate to 3.7.
MR. YOV ANOVICH: Commissioner Halas, I can't do 3.7 times
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119 in my head. Does anybody have a calculator?
CHAIRMAN COYLE: That would be about 440 units, be 440,
450, something like that.
COMMISSIONER HALAS: That's my highest bid.
CHAIRMAN COYLE: I can do that in my head.
COMMISSIONER HALAS: And you have your option whether
you can do affordable or workforce housing. I think the -- as you can
see, the consensus on the board seems to be workforce.
MR. YOV ANOVICH: I'm sorry, but you're throwing out
numbers, and we've got to make some calculations. I hate to say, do
you want to table this again, or do you have another item?
COMMISSIONER FIALA: We've got all the Lakewood people
sitting here. Do you want to get them?
CHAIRMAN COYLE: I'm sure they'd like to get through this.
MR. YOV ANOVICH: I mean, I've just got to -- we have to go
figure.
COMMISSIONER HALAS: Okay. Have you got a clear
direction of what we just said?
MR. YOV ANOVICH: I heard you say 3.7.
COMMISSIONER HALAS: That's right, and then you have an
option of either using a percentage for affordable housing, or you can
use a larger percentage for workforce housing. Workforce seems to be
where the commission here is looking at.
MR. YOV ANOVICH: Right. And I need to understand what
the percentage of those -- what did you tell me, 440 something units?
MR. MUDD: It's 440 units, and the commissioner has on the
table, you need to tell him which percentage of workforce, which
percentage of affordable you can do with the 440.
MR. YOV ANOVICH: Okay.
MR. MUDD: Still staying within the 20 percent.
MR. YOV ANOVICH: Okay.
MR. MUDD: So you can still subtract from that, you know, and
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move that around based on --
MR. YOV.ANOVICH: I hear what you're saying.
CHAIRMAN COYLE: Just so you understand, when we're
talking about workforce housing, we're talking about generally prices
for homes at $150,000 and above, going up to close to $200,000.
MR. YOV ANOVICH: It needs -- you have a definition,
unfortunately. I mean, you have a definition that says 100 percent of
the median income.
CHAIRMAN COYLE: Yes.
MR. YOV ANOVICH: So I've got to stay in whatever that works
out to be.
CHAIRMAN COYLE: Median household income.
MR. YOV ANOVICH: Correct, median household income.
CHAIRMAN COYLE: Okay.
MR. YOV ANOVICH: A family of four would be 63.
CHAIRMAN COYLE: Yeah. Family of four, and three times
that --
MR. YOV ANOVICH: I understand, I understand.
CHAIRMAN COYLE: Okay. And then if you go with a family
of six, you get a higher figure. You go with a family of two, you get a
lower figure.
MR. YOV ANOVICH: It's the 20 percent number that I needed
to hear --
CHAIRMAN COYLE: Yeah, okay.
MR. YOV ANOVICH: -- while we go crunch our numbers.
MR. MUDD: Commissioner, if you'd like to --
CHAIRMAN COYLE: And then we need to make a motion to
table this until --
COMMISSIONER COLETTA: Motion to table.
CHAIRMAN COYLE: -- after the Lakewood thing is done,
right?
MR. MUDD: Ironwood.
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April 26, 2005
CHAIRMAN COYLE: Ironwood, I'm sorry. The Ironwood
thing is done.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COYLE: Okay. We've got -- 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: Okay. Any opposed, like sign?
(No response.)
CHAIRMAN COYLE: Okay. It's tabled.
Let's do-
Item #10E
REJECT COUNTY STAFF'S RECOMMENDATION TO
PURCHASE IRONWOOD GOLF COURSE AT AUCTION IN AN
AMOUNT NOT TO EXCEED $1~100~000 - APPROVED
MR. MUDD: Commissioner, the next item is 10E. It's a
recommendation to authorize county staff to purchase Ironwood Golf
Course at auction in an amount not to exceed 1.1 million, but I believe
there was a correction this morning that was read in, and I'll read it.
Under consideration, the third paragraph should read, the Clerk
of Courts will conduct a foreclosure sale of the property described in
Exhibit A of the final judgment in foreclosure on May 4th, 2005.
Board approval of this action will authorize Public Services Division
Administrator Marla Ramsey, or Assistant County Attorney Jeff
Klatzkow, or their designee, to bid up to $1.1 million on the property
pending receipt of two appraisal values equal to or greater than, rather
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than less than in the write-up now, the authorized purchase amount.
And Murdo Smith will present from parks and rec.
MR. SMITH: Good afternoon, Commissioners. For the record,
my name is Murdo Smith, parks and recreation.
The item before you today is the purchase of Ironwood Golf
Course at public auction. The golf course is in foreclosure, and the
auction will take place on May 4th, 2005, at 11 a.m.
The executive golf course lies south of Davis Boulevard and east
of Glades Boulevard within the Lakewood subdivision. The course is
approximately 33 acres of land and includes a golf course, clubhouse,
and maintenance facility.
Various uses of the facility are at issue, so I will give you some
details on staffs ideas that are included in the executive summary.
The ideas proposed are workforce housing, passive recreation,
and stormwater management. Workforce housing would be the most
feasible in parcel D -- and Amanda can show you where parcel D is --
with access from the existing park area where the clubhouse also is.
It is estimated that 24 units could be built. Development will
require rezoning and vacation of drainage easements at that site.
Proposed recreational uses also include Frisbee golf, which
would be most feasible in parcel A and the northern portion of parcel
D. A playground would be possible, located in parcel C, and the use
for remote controlled boats in parcel B.
If the property were used for stormwater or recreation, our
existing cart paths would be upgraded for walking, biking, and inline
skating, and we could also put some picnic tables and benches and so
forth around the lakes, and it would be a very passive area.
The restaurant could be operated through a concession or through
a partnership with Lorenzo Walker Institute. We've talked to Lorenzo
Walker Institute Yo-Tech, and they're very willing at looking at
helping us with the restaurant.
We've also asked them about having a class on golf course
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maintenance. Currently they do not have one, but they would be very
interested in having one, so that is also an option.
The existing parking and maintenance shed would be retained
and an exterior access to the rest rooms and restaurant building would
be needed.
The suggestion of purchasing the golf course was brought to the
Parks and Recreation Advisory Board by the Lakewood residents in
January. Staff returned with a feasibility study in March that indicated
the course would operate at a loss.
Staff recommends against the purchase of the operation as a golf
course. The Parks and Recreation Advisory Board chose to table the
item until staff could identify the purchase process and funding
sources.
The executive summary that you have before you was presented
to the Parks and Recreation Advisory Board at their April 21 st, 2005,
meeting where they chose to consider the information only and did not
make a motion on it, but suggested that the county pursue the purchase
of the land at auction.
If the county is the successful bidder, a non-refundable check in
the amount of 5 percent of the final bid is due at the time of the sale.
The remainder is due the next -- next day.
If the board approves the purchase, then two appraisals will need
to be done, and those appraisals will be done if the board approves the
purchase, and they'll be submitted to us prior to the auction on May
3rd.
And if you have any questions, I'd be welcome (sic) to answer
any questions you may have.
CHAIRMAN COYLE: Okay. Commissioner Henning, did you
have a question?
COMMISSIONER HENNING: Yes. I guess this is for legal
staff. If -- it's going into foreclosure from the bank. If the bank
forecloses on it, they still have to adhere to the code as far as
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maintenance of the property?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HENNING: Okay. The suggestion about
workforce housing or affordable housing, the property is zoned three
units per acre existing. With a total acreage of three hundred and -- or
33 acres. You get quite a bit of affordable housing. I don't know if
you realize that.
MR. SMITH: I think the zoning, Commissioner, is called golf
course zoning, and anything else would need a rezoning on that.
COMMISSIONER HENNING: Okay. I had a correspondence
from David Weeks. It has a zoning of three units per acre on the
zoning map. But I don't think, Commissioners, that is going to
happen, just as Warm Springs is going to happen.
So if the bank still has to adhere to the laws, then do we get
reimbursed for our cost during foreclosure, since we aren't filed ( sic)?
And somebody comes in, either the bank gets it or somebody else bids
on it?
MR. KLATZKOW: Jeff Klatzkow, county attorney's office, for
the record. It depends upon the auction price. If the auction price
exceeds the mortgage, it will be a surplus. Out of that surplus, our
fines would be paid. Right now our fines are approximately $27,000.
COMMISSIONER HENNING: Okay. Now, if the first -- the
bank auctioned it off and it's less -- it covers their costs, our
foreclosure or our --
MR. MUDD: Lien on the property.
COMMISSIONER HENNING: -- lien on the property doesn't go
away, correct?
MR. KLATZKOW: Our lien on the property would be
foreclosed; it would go away. If the auction price is less than the
mortgage that is on it, our lien gets foreclosed and it gets wiped away.
COMMISSIONER HENNING: Okay.
MR. KLATZKOW: So we don't really have any costs involved
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in this. It's not like we mowed the golf course or anything. This is
just a violation cost of $50 per day.
COMMISSIONER HENNING: Right. Oh, okay.
MR. KLATZKOW: It's not out of pocket, sir.
COMMISSIONER HENNING: It's not out of pocket?
MR. KLATZKOW: No.
COMMISSIONER HENNING: I'm more inclined to let it go
through the foreclosure, and, you know, let the market do its job. But
I'll wait and see what Commissioner Fiala says.
CHAIRMAN COYLE: Commissioners Fiala?
COMMISSIONER FIALA: Well, I think that's a good
suggestion, too. I was going to make a couple comments, but I'm just
satisfied with what Commissioner Henning said, but I'll make the
comments anyway.
There is a restaurant onboard here that -- I believe it serves 125,
150 people. And what they used to do is, they -- it doesn't mention
this in any of our materials, but they leased it out every year for
. 600,000 a year, and that helped to handle some of the costs.
And as you talked with V 0- Tech, you know, when I was thinking
about a golf course class, I thought it would be a great thing for kids. I
think Charlie Cortright had been talking with a golf pro over at Naples
Beach Hotel last year. His last name was Gunther or something like
that, wasn't it?
MR. CORTRIGHT: Larry Ganzer.
COMMISSIONER FIALA: Gan -- okay. And he felt he really
wanted to hold classes there for kids. And they talked with V 0- Tech
who said they would be -- they thought it would be wonderful to offer
golf course maintenance classes, and that would include things like
irrigation and pesticides and fertilizers and so forth. They felt that
that's a good profession here in town, and if we would just provide the
materials, they would maintain the course, and I thought that was a
good idea too.
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And let's see. What else? I had a couple other notes here.
But -- oh, and the figure. I just wanted to challenge the figures
just a little on the feasibility study. I don't know much at all about the
price of equipment or sprigging of fairways. I mean, I couldn't
challenge any of that even if I tried. But where we were talking about
maintenance staffing at 375,000 a year, and they say eight
maintenance workers, one crew leader, one irrigation technician, and
one chemical technician, and on the other course that's right there in
Lakewood, they only use three people.
And I was wondering why we would use, what is it, eight, nine,
10, 11 people for a course that is smaller than the other course, and
they only use three. Plus, then we'd need a superintendent and a pro
shop manager and pro shop staff, and I believe they only had one pro
shop employee, four, and here you've got five.
So I thought that these figures were a little inflated. Sometimes
that happens and we don't get figures that are even believable. And in
this case, I believe that that's the correct thing.
And they figured it -- and Charlie Cortright was the one that
offered this information. They were figuring on some of these --
hello.
COMMISSIONER HENNING: Was that your buzzer?
CHAIRMAN COYLE: Your time has expired.
COMMISSIONER FIALA: Oh, my goodness. I wanted to haul
that thing out, and I don't think I believe I have it here. But they were
figuring some of these expenses as they checked with the golf courses
around Florida?
MR. SMITH: Yes.
COMMISSIONER FIALA: Right?
MR. SMITH: Yes.
COMMISSIONER FIALA: And they were just giving you an
average --
MR. SMITH: Yes.
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April 26, 2005
COMMISSIONER FIALA: -- but these golf courses are between
6,600 and 7,200 square feet; is what it's called?
MR. SMITH: Pars, yards.
COMMISSIONER FIALA: Yards -- whereas this one's only
2,200. It's kind of hard to even believe those figures when it's like a
third of what the other golf courses are.
And so I just felt that it -- I'll tell you, it would be hard for me to
believe any of this stuff when the figures seem to be so different than
the actual figures that have been coming out. Not only that, but from
what I understand from the people that -- not the guy that runs it now.
The guy that owns it now has been -- Jeff can probably tell you, he's
-- he probably has a few other businesses that use the money from
this. Is that nice enough to say?
Yeah. Let me say that the money hasn't gone into the business.
But before this guy took over and decided to line his other businesses'
pockets, it was a nice little profitable business over there. After all
expenses were paid, they'd still make hundred and a quarter, a hundred
and a half a year, and I thought that that was great. And you've got
those figures, right, fellows?
So I just wanted to put that on the record. I kind of like
Commissioner Henning's idea though, just drop it. That's my two
cents.
CHAIRMAN COYLE: Okay. Any other questions by
commissioners?
(N 0 response.)
CHAIRMAN COYLE: We have three speakers. Could we call
the first public speaker, please.
MS. FILSON: Yes, sir. Felix Birnbaum. He'll be followed by
Charles Cortright.
MR. BIRNBAUM: I live in Lakewood in Villa 7, and I represent
44 homes. Now, I've talked to our people all around the circle, and
they disagree with what you're trying to do, that this should not -- that
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this should remain a golf course.
It should not be workman's (sic) housing, recreation facilities for
Frisbee, remote control model cars, et cetera. Now, it should be a golf
course and can be a golf course if properly -- I'm sure the city can do a
better job than the man that owned it; I'm sure of that.
And this -- when you're talking what you just said, you know, the
owners of the Lakewood Villas north, the owners of the Lakewood
single- family homes, owners of the Winter Park and owners of the
Glades, they're all affected by this golf course.
And if you choose to go with the workforce housing and all these
other facilities, God help us. Where would our houses go? They'll
deflate. I'm sure they would. They wouldn't inflate. And I just feel
that it should remain a golf course. Thank you.
MS. FILSON: Charles Cortright. He'll be followed by Wayne
Dahlstrom.
MR. CORTRIGHT: Commissioners, for the record, my name is
Charles Cortright. I personally believe that Collier County has the
finest parks and recreation commission facilities any -- equal to any in
the United States.
I have been to three of the Parks and Recreation Advisory Board
meetings trying to convince them that this is a one-time opportunity to
afford to people of all ages affordable golf.
Several members of the board commented that the weakest part
of the recreation program in Collier County is that we have no golf.
We have no golf program, other than a three-session golf lesson in
August for $80.
For 15 years I have lived on the Ironwood Golf Course and have
seen firsthand the enjoyment that tourists, the youth, and seniors have
when playing the course. I ask you, where does the youth learn to
play golf in a county of over 90 golf courses?
When staff wrote the executive summary, an impossible
suggestion for this land was to build workforce housing. With a third
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of the 33 acres in lakes, this idea borders on the ridiculous.
Also, the use for a golf course was mentioned by members of the
advisory board to be put into the summary, and the answer was,
nothing can be added now.
In 28 years, the course has fulfilled a niche in the community and
brought enjoyment to many who enjoy affordable golf and would be
the beginning of a golf program for the county. I doubt if this
opportunity will ever rise again.
We have figures to prove it could be profitable in addition to the
parks and recreation activities. A report -- as Donna mentioned, a
report was issued by staff, but the figures were used for a long course,
and these figures were highly inflated as to the cost of maintenance.
I ask you, the Ironwood Golf Course has been there for 28 years.
If they didn't make a profit except the last year, how could they have
stayed open? This course has the potential of earning up to $250,000
a year, which it did when it was run properly.
Thank you.
MS. FILSON: Your final speaker is Wayne Dahlstrom.
MR. Dahlstrom: For the record, my name is Wayne Dahlstrom.
I'm a golf professional at the Country Club of Naples.
My job before that was general manager and head golf
professional of Ironwood Golf Club. I was there for two and a half
years, cutting grass, giving lessons, ringing upon sales, running the
whole operation from the ground level.
The key with that golf course was -- and I guess I would like to
break it down in two parts, why we are where we are today is the key,
and where we can go tomorrow.
The problem with the golf course is that we had the wrong
ownership. I know firsthand. This is the asset right here of the golf
course. I'll use this podium as an example.
An absentee owner had this asset. He borrowed money against
this asset from banks and other sources, took the money to other
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facilities or other stock options or issuing areas, used that money to
expand his holdings, and using the cash flow from this asset, the golf
course, Ironwood, to sustain those other operations.
And the only reason the golf course is in the condition it is today,
I'll use one word, greed. He was making -- in its prime in 1996, I
understand it was grossing $650,000 a year.
The cost to operate that golf course at that time was like 300,000,
350-. He was putting into his pocket over $300,000 a year. And
eventually the $300,000, gee, if I'm talking about 650- and I'm talking
back to my own pocket 300,000, maybe I should take 400,000, maybe
I should take four and a quarter.
And over the years, what happened was more money was taken
out before it was put back in, and the course started to die. And as the
course started to die, the plays started to drop. So consequently, this
course closed May 8th of last year. I closed the door and locked it.
Very disappointed because it served a very niche market, which is my
second point.
This is the only par three, 18-hole golf course in Southwest
Florida. There is no other golf course like this. It was designed in
1979 by one of the top golf course designers in the world, Arthur
Hills. It was upgraded by Bob Cupp, II, in '96.
That golf course was magnificent in its day. The problem with
the golf course is it had the wrong ownership. It had the wrong
direction. It was more concerned about money rather than people.
What it needs is someone that cares about the golf course, cares
about the community that it sits in. And the key with that is, at this
point in time, I would suggest that if the county's interested in the golf
course, that's fine. If not, someone else will buy it.
But the key is, it's an outstanding opportunity for the county or
someone else. It just needs the proper ownership. And I'll be happy
to take any questions, because I see my time is over.
COMMISSIONER FIALA: Could I add one thing? When this
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guy wasn't putting the money in -- this is just kind of a funny anecdote
to it. The guy wasn't putting any money into the thing. There used to
be a swimming pool there. Rather than maintain the swimming pool,
he filled it up with dirt also. You don't know that it's there now, but
it's there under the dirt.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: If the county decided to let this go
on the auction block, do you think that someone else would come in
there and put the money and time into this thing to restore this to
where it was in its prime, and do you think at that point in time that
the golf would be reasonable for the people in the surrounding
community to play?
MR. DAHLSTROM: Yes, sir.
COMMISSIONER HALAS: What do you think a round of golf
would run once the -- once the person bought this? And I'm not sure
our -- the deterioration of the course, how much he's going to have to
put in. Your best guess, what would a round of golf run?
MR. DAHLSTROM: Well, when the course was in playable
condition, it was $30 to play, including a golf cart, because that golf
course served a very unique niche market. Because it was only
approximately 3,000 yards long, a person that was, say, 65, 60 and
above -- it served two markets, the senior market and the junior
market, and a small market in between, where there were people that
were very good golfers that wanted to work on their short game, 18
holes, par three.
The key there is, all the golf courses between Marco Island and
Bradenton -- there's about 160 golf courses. They're all long and
they're very expensive, and they're private, and the problem is that the
average person in the Lakewood Community, the Glades area and
Winter Park, are retirees, they cannot physically walk a 7,000 yard
golf course.
They can't playa 7,000 yard golf course in a riding cart. It just
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physically takes too much out of them. It's four, four and a half, five
hours to play. It beats them up too much, and the cost is triple what it
would be at Ironwood.
So people come there to enjoy the game because it is affordable,
it's good exercise. In two and a half hours they're out and they're
doing other things. The junior golf program was never really taken off
there because the owner did not allow juniors to be under 16 and play.
So I think the key is, $30 would be in prime time with a cart, and
they'd be adjusted based on the purchase price or the money that went
into the golf course. But the problem is, that golf course would be
operating today serving this market very well if it just had a different
ownership, and it would probably take, I will give a ballpark number,
300,000 to put the golf course in condition.
It didn't have -- none of that money would have to be spent if the
money would -- if the golf course was just maintained. Just like your
yard, it will just die.
So I think it's a great opportunity for someone. Someone will
buy that golf course on May the 4th at 11 o'clock for sure, just a
matter of who.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: The -- as Commissioner Fiala
pointed out, the staffs analysis of that, that the private sector can do it
much -- for much less. And, you know, a lot of things the government
doesn't need to do.
So, you know, Wayne is -- used to work there and he is a golf pro
and he knows about the operation of it. If he feels that somebody in
the private sector can pick it up and run with it and make a dollar, why
should we get involved? Just let the process -- let it go through the
process of foreclosure.
CHAIRMAN COYLE: Yeah, because if we get it, we'll put it in
affordable housing, and you don't want that.
MR. DAHLSTROM: We don't want that. Or the community
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April 26, 2005
doesn't want that. It's 33 acres. It would be nice if this represented 33
acres, this square area right here, but it's not 33 acres. It meanders. It
goes between two houses out to play one hole, through another two
houses maybe to play three holes.
So this is not a 33-acre parcel, and there's no way to put
affordable housing, or any kind of housing back there. There's no
road access. There's no place to park, and you have lakes there to deal
with. It's a beautiful piece of land that just needs to be a golf course.
CHAIRMAN COYLE: Okay. Any other speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: Okay. Commissioners, what would you
like to do?
COMMISSIONER FIALA: I'd like to make the motion to let
this -- this issue die and let it go to auction.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala
and a second by Commissioner Halas to disapprove -- or to rej ect
staffs recommendations.
Any further 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.
(N 0 response.)
CHAIRMAN COYLE: It passes --
COMMISSIONER FIALA: If I would have kllown it could be a
golf course, but at the parks and recreation, it was brought up three
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April 26, 2005
times, and three times it was rej ected because they said they didn't
want a golf course there. So the only other way I think that we can do
it is let somebody who does want to build a golf course go in there.
CHAIRMAN COYLE: That's right, yep.
COMMISSIONER HALAS: Yeah. I think the end result will be
that somebody will pick it up and make this a viable operation again.
Hopefully, they won't steal the profits from it.
CHAIRMAN COYLE: Now, we have an obligation to make
sure we enforce the codes out there and make sure that place is
cleaned up, right?
MR. KLATZKOW: Yes, sir.
CHAIRMAN COYLE: Okay, good. Thank you very much.
Now we will go back to the item that was previously tabled.
Thank you for sitting here all day. I'm sorry it took so long.
COMMISSIONER FIALA: But wasn't it interesting?
UNIDENTIFIED SPEAKER: Thanks for your uncooperation.
COMMISSIONER FIALA: For our uncooperation? Uh-oh. I
don't know what that meant.
UNIDENTIFIED SPEAKER: Much earlier, before noon.
COMMISSIONER HALAS: What did they do before noon?
COMMISSIONER FIALA: I don't know. What did she say?
That lady yelled out, thank you for your uncooperation. I don't know
what that meant.
CHAIRMAN COYLE: I thought she said cooperation.
COMMISSIONER FIALA: No, I think she said uncooperation.
COMMISSIONER HALAS: He said something before noon,
whatever that was.
COMMISSIONER FIALA: She said uncooperation.
MR. WEIGEL: At least she was thankful.
COMMISSIONER HENNING: I guess we've got all the time in
the world.
CHAIRMAN COYLE: Okay. Let's do it. We're ready to go.
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April 26, 2005
MR. MUDD: This item is 8C, continued now for the second
time?
MR. WEIGEL: Okay. We're moving now -- the board is going
to move it off the table and apparently re-open the public hearing --
CHAIRMAN COYLE: Re-open the public hearing.
MR. WEIGEL: -- or declare the public hearing closed and only
have questions, but it sound like you may be ready to have a little
more dialogue than just a few questions.
Move it off the table and re-open the public hearing.
CHAIRMAN COYLE: Yes. Okay. Who's going to -- what's
wrong?
MR. YOV ANOVICH: Do you want to wait for Commissioner
Fiala to come back or --
CHAIRMAN COYLE: No.
MR. YOV ANOVICH: No, okay. As I told you, the buildings
are 18-unit buildings, so when I give you these numbers, keep that in
mind.
As they say, this is our final proposal. And I want to remind the
board that we're 100 percent consistent with concurrency in the compo
plan with the 540.
We're proposing 450 units, which would be 3.78 units per acre
with 72 workforce housing units, and that gives you your 50-foot road
issue on Massey, otherwise, we'll continue on with the process we've
already begun, which was the alternative dispute process that we're
already under that we tabled while we try to go through with this and
come up with a program that we can -- or project we can all agree to.
And I hope that's close enough, Commissioner Halas. But the
rationale is, you know, 450. It's, you know, eight-hundredths of a unit
more than you proposed, and the 72 workforce housing units is
basically four buildings, of the 25 buildings that we'll be building.
And I hope that will be enough to persuade the commission to
vote in favor of the proj ect. And you only have four people here, so --
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April 26, 2005
CHAIRMAN COYLE: We'll wait before we take a vote.
COMMISSIONER COLETTA: Make a motion.
CHAIRMAN COYLE: Can someone find out --
MS. FILSON: She went to get her.
COMMISSIONER HALAS: It's been a long day.
COMMISSIONER COLETTA: It's not over yet.
CHAIRMAN COYLE: Okay. Commissioner Halas --
Commissioner Fiala, the petitioner's made a proposal, which is the
final proposal -- it's as far as they can go -- for 3.78 units per acre.
Commissioner Halas had requested they take a look at 3.7 units
per acre, so there's eight-hundredths unit per acre difference here in
the two proposals that will result in a total density of 450 units. And
of that number, 72 will be workforce housing.
Did I -- do I have it right, Rich?
MR. YOVANOVICH: You do.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: And so the roads will be --
CHAIRMAN COYLE: And everything else is the same as
before.
MR. YOV ANOVICH: Correct.
CHAIRMAN COYLE: And Commissioner Halas, how does that
strike you?
COMMISSIONER HALAS: We're very close. I think if we take
a vote, we'll find out how it all -- what's it got to be, four votes?
CHAIRMAN COYLE: It's got to be four votes, okay. So--
COMMISSIONER HALAS: We're under -- we're under four
units an acre and we're sure under four and a half units per acre. And
if all the other stipulations are in there, I'll make a motion for approval
at 3.78.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion for approval by
Commissioner Halas, second by Commissioner Coletta.
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April 26, 2005
I hope there's no further discussion.
Do you have anything to add before we vote on it?
MR. MUDD: I just want to make sure that we've got, it's 450
and 72.
CHAIRMAN COYLE: Four fifty and seventy-two; 3.78 units
per acre.
MR. MUDD: Now, are you going to phase them?
COMMISSIONER HALAS: Yes.
COMMISSIONER COLETTA: Yes.
CHAIRMAN COYLE: Well, you're going to phase them based
on concurrency considerations?
COMMISSIONER HALAS: Because we've got to put that road
In.
MR. YOV ANOVICH: Well, and I -- honestly right now under
concurrency, I don't have to phase. That was an offer we made
because there seemed to be concerns about transportation. But
remember we're at -- a 550-unit project, and now we're down to 450. I
mean, is phasing really necessary at this point when -- I'm asking. I'm
not --
COMMISSIONER HALAS: I'd like to see, how about 50
percent of them now and 50 percent of it when that road is -- gets
completed?
MR. YOV ANOVICH: So 225 now? What about -- do I need to
phase the workforce or can I build it when it makes sense for us --
COMMISSIONER HALAS: At your opportune time.
MR. YOV ANOVICH: Fine with us.
COMMISSIONER COLETTA: Okay. That's fine with my
second then.
CHAIRMAN COYLE: All right. Then let's make sure we
summarize this. It's 450 units, 72 of which are workforce housing,
yielding 3.78 units per acre, and it will be phased 50 percent; 225 will
be -- can be developed immediately, and 225 whenever that road
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April 26, 2005
construction is completed, and workforce housing --
COMMISSIONER HALAS: At the discretion.
CHAIRMAN COYLE: -- at the discretion of the petitioner.
Okay. And all other conditions, recommendations by staff
remaIn --
MR. MUDD: And the variance, the 50 --
CHAIRMAN COYLE: Yeah. And the variance and that sort of
stuff.
MR. YOV ANOVICH: I'm talking about -- because it keeps
getting left out in the motion, the 50-foot setback.
MR. MUDD: That's what I just asked him.
CHAIRMAN COYLE: Yep, yep, that's in there.
All right. We're going to call the question.
Those in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. Those opposed?
Aye.
So it passes 4-1.
Item #9D
COMMISSIONER COYLE TO DISCUSS GROWTH
MANAGEMENT BILL HB 1865 AND SB 360 - DISCUSSED
MR. MUDD: Commissioner, the next item is 9D, and that was
an item that you wanted to talk about as far as the growth management
plan that's circulating up in Tallahassee.
CHAIRMAN COYLE: Yeah. Let me try to make this quick, if I
can. I just want to find out how the commissioners would like to deal
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with this issue.
If you have been following this growth management plan -_
COMMISSIONER HENNING: Is this on our agenda?
CHAIRMAN COYLE: Yes, it is. It's 9D.
COMMISSIONER FIALA: Yeah, but we didn't get--
COMMISSIONER HALAS: We didn't get any --
COMMISSIONER FIALA: -- paperwork on it.
COMMISSIONER HALAS: -- paperwork.
MR. MUDD: No, you didn't. It was a discussion item that
Commissioner Coyle asked to be added to the agenda, and it read--
and it was on your change sheet. It's add item 9D, Commissioner
Coyle, to discuss growth management bill, House Bill 1865 and
Senate Bill 360.
CHAIRMAN COYLE: And I think copies of my e-mails to staff
were made and distributed to commissioners --
COMMISSIONER FIALA: Yeah. I just read it.
CHAIRMAN COYLE: -- yesterday.
COMMISSIONER HALAS: Oh, yes, okay. It's got Paula
Springs on it.
CHAIRMAN COYLE: Yep, that's it.
COMMISSIONER FIALA: Yeah, I read that.
CHAIRMAN COYLE: That's it, that's it, yeah. And it's -- here's
the situation from my perspective. This bill has changed many times
over the past several months. It is changing even as we speak.
It is near the end of the legislative session. We have no idea what
this bill is finally going to look like, but it very well may be passed,
and -- but I have a number of concerns. I communicated them to staff
and to the other commissioners in this e-mail yesterday.
But I understand that even since I've done this e-mail there has
been another version of this bill put out, so it's very unclear. But I
think I can tell you one thing, there is the potential for this bill to
erode our rights to control growth in Collier County.
Page 23 1
April 26, 2005
And secondly, there is a lot of ambiguity in the bill. Although
the staff reads the bill in a way that indicates that the concurrency
requirements are the maximum concurrency requirements and -- or the
minimum concurrency requirements and that we have a right to
petition to have more stringent concurrency rules, I think that the bill
should provide us that right in the bill itself.
In other words, it should say, these are the minimum concurrency
rules, and if local government wants to make them tighter, the local
government has the right to do so.
And one third thing is that the bills in the Senate and the bill --
the bill in the Senate and the bill in the House are not consistent with
respect to funding sources.
There is a mention of five hundred billion dollars to be provided
to counties throughout the state to help them get to be concurrent, but
there is no guarantee that will be an ongoing commitment, and it could
end or disappear next year.
So there are a lot of holes in this bill, and I just think that maybe
we should communicate somehow as a Board of County
Commissioners to our legislative delegation to express our concerns
about it. I wouldn't go so to far as say we strongly oppose it, because
we don't know what it looks like yet.
But we have -- I have some very, very serious concerns about it,
and I need to know what you want to do about it. Do you just want to
sit on it, let it go, not do anything about it, or do you want to have a
resolution of some kind that we communicate to our legislators that
we are concerned about this bill, and we would prefer to see a final
version before they vote on it.
Commissioner Halas?
COMMISSIONER HALAS: Well, first of all, I think
Commissioner Henning had his light on first.
CHAIRMAN COYLE: Okay, All right.
COMMISSIONER HALAS: And then I think the county
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April 26, 2005
manager's also got his hand up in the air, so --
CHAIRMAN COYLE: Okay.
MR. MUDD: No, no, don't hit me. I'm under water. My ears
are all full.
CHAIRMAN COYLE: I'm going to throw it at you.
Okay. Go ahead.
MR. MUDD: Commissioners, I just want to give you an update
of where this is.
CHAIRMAN COYLE: Okay.
MR. MUDD: It hits the House floor tomorrow morning, and it's
in committee -- it's in the last committee in the Senate right now. So if
you're going to do something, you need to decide what you're -- I don't
believe a resolution's going to be timely. By the time it gets signed
and the time it gets up there, it will already have been done.
If there's things that you want to make sure that are in the bill or
not in the bill or safeguards thereto, I think you need to decide that on
the dais this evening, and then you need to make phone calls to your
local representatives and senator so that they understand where you're
at in this particular juncture. And that's about the only way that you're
going to be timely in this regard.
And we don't know what that bill's going to look like. They're
cutting a new one right now, as per Representative Davis. He's trying
to keep us abreast of what's going on. It's changing faster than we can
keep track of. This is at least the seventh revision of this draft that
we've seen. And it's gotten better over time, but I can't tell you what
the final thing's going to look like.
CHAIRMAN COYLE: Okay. Then let me try to make it as
simple as possible. Can we at least agree on a few things? Number
one, that this bill should give the local government the flexibility to
implement stricter concurrency requirements than those spelled out in
this bill? Is that an acceptable thing for you --
COMMISSIONER HALAS: Yes.
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April 26, 2005
COMMISSIONER COLETTA: Yes.
COMMISSIONER FIALA: (Nods head.)
CHAIRMAN COYLE: -- for the majority of the board? Could
we --
COMMISSIONER HENNING: I have a question.
CHAIRMAN COYLE: Yeah, sure.
COMMISSIONER HENNING: Whose bill is it? What's the bill
number? This e-mail going around is so convoluted. It doesn't have --
CHAIRMAN COYLE: Well, you have to have the bill to look at
it, to make sense of it.
COMMISSIONER HENNING: Well, yeah.
CHAIRMAN COYLE: It's House Bill 1865 and Senate Bill 360.
They're both different.
COMMISSIONER HENNING: 1865. Now, whose bill is it?
CHAIRMAN COYLE: Well, it originally was Mike Davis' bill
but apparently has turned into somebody else's bill.
COMMISSIONER HENNING: Okay.
COMMISSIONER HALAS: And we don't know who that
person is, right?
CHAIRMAN COYLE: I don't know who it is.
MR. MUDD: Yes, sir, we do.
Keep going. Tell him, Stan.
COMMISSIONER HENNING: Now, Florida Statutes, or
Florida Administration Code, already gives us what we can and cannot
do as far as growth management. Why don't we just say we don't
want to erode our ability to make decisions upon 9J-5?
CHAIRMAN COYLE: Well, because 9J-5 requests that you go
to Tallahassee to get approval for it. This particular bill tends to take
some of that authority away and incorporate it in a separate piece of
legislation, but it does -- it does reference 9J-5.
COMMISSIONER HALAS: Any time they take away any of
our rights as far as home rules, I have a big problem with that.
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April 26, 2005
CHAIRMAN COYLE: Well, they also mention frequently
throughout this bill that the Department of Transportation and the
local government must get together to develop certain criteria
concerning transportation concurrency management.
And they even mention that we will have to develop a
transportation concurrency management ordinance that will be in
accordance with a DOT model ordinance, and we don't know what the
DOT model ordinance is.
So it's confusing to me, Stan. I know you know more about it
than I do. But do you have any problem taking a position that says
that counties should have the latitude of implementing more stringent
concurrency management procedures?
MR. LITSINGER: For the record, Stan Litsinger,
Comprehensive Planning Director, and I apologize for forgetting my
jacket today.
And also, for the record, the latest rendition of the bill, unless one
has been sent out this afternoon, was introduced by Representative
Johnston (sic), and is now titled the Sustainable Florida Act of 2005,
as opposed to a growth management act specifically, because if you
look at all of the provisions, it addresses everything from school
concurrency to charter schools and so forth.
But in answer to your question, Commissioner, yes, sir, I do
agree with you that we should have the opportunity to impose stricter
concurrency provisions at the local level.
I believe that the legislation that is proposed, and the latest draft
that we have, which essentially pulls back the concurrency window on
all facilities from five to three years, our system is currently more
stringent than this.
The process would involve a comprehensive plan amendment in
the event that we would want to impose a stricter system than we even
have now through the review process. And as we found last time,
once we were able to sustain that it was rational and sustainable, we
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April 26, 2005
were able to have stricter standards; however, I certainly think it
would not hurt to have clarification language in this bill or the bill that
is adopted that is very specific in clarifying our ability to make
concurrency determinations at the local level on any scale.
CHAIRMAN COYLE: Okay. Now, the second question is, this
bill is maintaining that the most important issue in growth
management is urban infill and redevelopment. They are suggesting
that the concurrency rules be suspended in the event of urban infill
and redevelopment issues.
And I simply don't understand that, but I think they're talking
about something different than what we're talking about. They're
talking about, perhaps, blighted areas or depressed areas that we want
to improve. But we've got situations where people are likely to come
in, buy up buildings, and build -- build more dense buildings in the
urban area and in the infill areas.
And according to this bill, that is the highest and best use of the
land, and that bothers me a lot. And I don't know that we should -- we
should even consider waiving concurrency rules for those kinds of
situations.
COMMISSIONER HALAS: Definitely not.
CHAIRMAN COYLE: Now, what can you tell me about that,
Stan?
MR. LITSINGER: I believe that the provisions relative to urban
infill and the exception or the exemption from concurrency here
probably reflects the needs of urban cores, such as the large cities.
It would not be binding on us from the perspective that we would
have to designate an urban core area for infill and redevelopment.
And here again, the redevelopment as used in this context is not
relative to a blighted condition. It might be more related to
redevelopment of land from the standpoint of highest and best use
based on current land values and market and so forth.
I do not read the bill as requiring us to provide a concurrency
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April 26, 2005
exemption and designated redevelopment of urban infill areas. It
might provide the flexibility, should this board decide to go in that
direction.
CHAIRMAN COYLE: Yeah.
MR. LIT SINGER: It provides a number of different options to
respond to the concurrency requirement other than a potential
stoppage of development approvals. It also provides for a new
terminology called mitigation pay-as-you-go proportionate share
payments in the areas of transportation deficits and also, we are also
here adding the schools concurrency in order to provide an
opportunity to essentially not have the prospects of a moratorium
hanging over a development scenario.
CHAIRMAN COYLE: The other concern, the important
concern, was the fact that they're talking about transportation
concurrency mitigation.
MR. LITSINGER: Exactly.
CHAIRMAN COYLE: It's very vague. I saw nothing in there
that addressed the kind of transportation mitigation that was being
considered, nor was there even a requirement that the transportation
mitigation be made in the area where the transportation problem was
being -- being experienced. Furthermore, it says that these kinds of
arrangements will not be unreasonably refused.
So they're saying to us that someone who creates a transportation
concurrency problem can buy their way out of it some way. They
don't say how, and they don't say where, but they do tell us that you
can't unreasonably refuse it. Now, you know, that's troublesome to
me.
MR. LIT SINGER: That's a good summary, Commissioner.
That's true.
CHAIRMAN COYLE: Okay.
MR. LITSINGER: It probably does -- if it is converted into rule
9J-5 in a similar type of language format, then it does provide
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April 26, 2005
essentially a mitigation option, though the mitigation from the
standpoint of whether we would opt into that type of program does
appear to be somewhat optional.
But it does require that there be some opportunity to make a fair
share contribution, which in the case of transportation, mayor may not
be associated with impact fee credits in order to essentially -- it's an
old phrase that's always often been used with this statute over the
years is the pay-as-you-go philosophy, and this essentially provides
that option.
CHAIRMAN COYLE: Well, those are my concerns, and I just
share them with you to see if you're at all concerned about them either.
Commissioner Coletta and Commissioner Halas --
COMMISSIONER COLETTA: I think Commissioner Henning
CHAIRMAN COYLE: No, Henning came back on it. He's
already asked his question.
COMMISSIONER COLETTA: Yeah. If I may, I do think we
have to be ever vigilant on this. I am going to -- let's see, impact -- I'll
be honest with you, if I had a choice, if I could write the rules, I would
have it where the impact fees would be mandatory as a growth
management tool, beginning and end of it, and all counties would be
required to, if they didn't have impact fees, have another funding
mechanism to cover their growth.
That would be the easiest way in the world, because we've done a
remarkable job with impact fees in Collier County. We serve as the
example, and it's shown in all the court cases.
I do think that along the way we have to recognize the efforts of
those members of our legislative delegation that have come across in a
big way, Burt Saunders, and the fact that he was -- got it killed in
committee at the Senate, and we got Mike Davis, who at first, brought
this bill out. But when we went to him, we approached him, he,
seeing the errors of his ways, turned to the point where he is helping
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April 26, 2005
us in every way possible to make sure this doesn't take place.
And along the way I want to be able to recognize the good will of
some of our legislative people, and start to direct it to where we have
the problems, wherever it is. If we have someone out there that's
supporting this, we have to go after them and make sure they
understand it.
Now, I'm leaving for Tallahassee tomorrow. I've got to be honest,
I'm not going up there because of this bill in particular. It's MPO day,
and their meeting's being held up in Tallahassee. However, with that
said, I already have a number of meetings planned.
And because of this bill, too, I asked for a meeting with
representative -- or is it Senator Bennett? Is it Senator?
MR. MUDD: Senator Bennett.
COMMISSIONER HALAS: Yeah, Senator Bennett. Good luck.
COMMISSIONER COLETTA: And I -- well, I'm going to ask
for that meeting. I'm going to see if I can get in there. I want to try to
get into his mind. I talked to some commissioners out of Sarasota
County, and they're completely perplexed by what he's doing.
CHAIRMAN COYLE: Might be hard to find --
COMMISSIONER COLETTA: Well, it might be worth a try.
I'm going to give it a try, see if I can find out what exactly he's
thinking, or at least talk to his aide, and then I'll report back to you.
CHAIRMAN COYLE: Well, please understand what we're
talking about here has nothing to do with his bill.
COMMISSIONER COLETTA: I understand that, but he started
this -- or he seemed to be one of the driving forces behind it in the
beginning.
CHAIRMAN COYLE: Not this part. I mean, this is a different
bill that we're talking about, and this is not the one we just essentially
defeated.
COMMISSIONER COLETTA: Well, just tell me who you want
me to go after, and I'll do it.
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April 26, 2005
CHAIRMAN COYLE: Well, I think our legislative delegation
can provide us some help on this. So if you could talk with them
about it, that would be great.
COMMISSIONER COLETTA: I sure will.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. Commissioner Coyle, I'm
very concerned in the way that this is all coming about as it's
surfacing. It started out with the impact bill, and now it's been tied
into something else, and I'm concerned at how fast this train is moving
down the track.
And everybody tells us that all forms of this are killed, but yet,
every time we turn around, there's something that pops up. My
question is, the information that you've been getting, has this been
from -- has this been from F AC, or has this been from our legislative
body in Tallahassee?
CHAIRMAN COYLE: Jim Mudd and I picked up the most
recent copy of this legislation when we were in Tallahassee on
Wednesday of last week.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: So I took the time to review that entire
stack -- I don't know how many pages --
MR. MUDD: Ninety some-odd, sir.
CHAIRMAN COYLE: Ninety something pages, printed both
sides on that document. And I went through it in detail and got the
staff my remarks Sunday night. And the staff, I think, is trying to
come up with something of their own.
And to answer your question, F AC is in communication with
these people, but I don't know that they've asked these questions.
COMMISSIONER HALAS: Okay. My -- the information that
we got, you said there was just something that transpired since we've
been in session today. Where did that memo come from or that e-mail
come from? Was that from FAC or was that from somebody in the
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April 26, 2005
legislative session up there in Tallahassee?
MR. MUDD: Yes, sir. Beth Swanson basically got the skinny
today that it's going to be on the house floor tomorrow, and this is Mr.
Johnson's bill, and the Senate bill is -- the sponsor of that bill is
Senator Bennett, okay. So, you know, let's make -- he is really
pushing them. He's got --
CHAIRMAN COYLE: He's the same guy?
MR. MUDD: He's the same guy.
COMMISSIONER COLETTA: He's persistent.
CHAIRMAN COYLE: Go talk to him.
MR. MUDD: And so -- and that is -- that's going to committee
this week on the Senate ways and means, and that's tonight. After
that's done, it's the last committee, it will go to the floor.
There are differences in the bill. The House bill has the state
funding it right now one time -- okay, one-time monies, and it doesn't
talk about the additional years -- to the tune of about $700 million
total.
The Senate bill basically doesn't talk about a state outlay for the
funds to try to do this growth management issue in sustainability
Florida. It talks about giving the counties the options to do the local
option sales tax by majority vote instead of by referendum, and some
other -- and some other tools in that particular toolbox, and that's the
differences between them as far as funding source is concerned.
And I will be honest with you, there was another Bennett bill that
had building code on it, and he added a line two days ago that
basically was a payback to the counties that basically said you're
going to go fund all the counties, 67, some $25 million worth of
school enhancements for shelters, and laid it off on the counties as an
add-on. And you know, it's been playing up in the Tampa Trib and in
Tallahassee as basically a payback to the counties on the 1160 -- the
11 73 -- and how soon you forget the numbers on the Senate side.
COMMISSIONER HENNING: Twenty-three oh two.
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April 26, 2005
MR. MUDD: Yes, sir. So the things are still moving. They're
out there. But there are some things that this board can basically set as
a premise to say, these are the things we really want you to watch out
for and make sure to safeguard against.
COMMISSIONER HALAS: Is there any particular direction that
this is going? In other words, what I'm trying to say here is, is there
any committees that it has to go through yet, or is it almost to the final
committee and it's ready to be approved in some form?
MR. MUDD: It's through the House, it's going to the floor
tomorrow for vote for the entire House of Representatives, and it's in
its last committee in the Senate tonight.
COMMISSIONER HALAS: And yet everybody told us this
thing was dead.
CHAIRMAN COYLE: It's not the same thing, so --
COMMISSIONER HALAS: Well, I know, but--
CHAIRMAN COYLE: I know, but it's a growth management
things.
COMMISSIONER HALAS: Yes, it is.
COMMISSIONER FIALA: They talked a lot about it.
MR. MUDD: Now, one thing we did learn is there's three
readings in the House, okay, on a bill? So it will be the first reading
tomorrow.
CHAIRMAN COYLE: And at this point I would guess that
Representative Goodlette is the only one who can stop it in the House.
I think that's probably true.
Well, can we somehow capsulate our major concerns, you know,
the mitigation thing, the very clear statement that we can have more
strict concurrency standards?
COMMISSIONER HALAS: And that we can't buy concurrency
for traffic.
CHAIRMAN COYLE: That's right, that's right. But there were a
couple of other issues we talked about. Can you at least condense
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those? Let our legislators understand that we're concerned about
those, and we appreciate their help to try to get that -- get that
stopped?
MR. FEDER: Mr. Chairman, while Stan's looking for that, I just
wanted to add one thing. I think you gave a good summary of the
legislation as it continues to move. It's a very moving target. Some
good things, some concerns.
The one I want to emphasize though is this issue of mitigation, or
basically pipe lining a proportionate share, especially when it has
language to the effect, it cannot be reasonably denied.
One might argue that the situation could be that if you have an
impact fee that you claim is appropriately set for growth to pay for
growth, that implementing that impact fee would therefore be a
reasonable statement, that you could not stop anyone, even if we had,
in our system, problems with concurrency and, therefore, not allowing
development to go where we don't allow it anymore, because the
major change you made just to pay and go. What this would be is
possibly reinstate that, and I think that's a real concern language that's
in the bill.
CHAIRMAN COYLE: Okay, thank you.
Is there -- I'm sorry. Commissioner Henning?
COMMISSIONER HENNING: Stan, is this the bill that
Representative Davis has been corresponding to with you?
MR. LITSINGER: Yes. Over the last several months, staff has
made comments at various levels, and he distributes this through an
e-mail channel on -- at various stages in the draft. The most recent
one we had received after Commissioner Coyle and Mr. Mudd
returned from Tallahassee, I believe it was last Thursday evening,
which is the version that you currently have.
And as Mr. Mudd mentioned, we are expecting the final draft
tonight that will be introduced on the floor tomorrow.
COMMISSIONER HENNING: To answer my question, you
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April 26, 2005
already have what we have problems with with this bill. Why don't
we just forward it on to the Board of Commissioners so we can make
some phone calls?
MR. LITSINGER: Commissioner, as Commissioner Coyle
pointed out, the exasperation at the staff level down here, at our level,
that we have had over the many months that the various renditions of
this bill have been underway is, is that we are unable to have our
comments analyzed and reviewed and considered before there is a
new set of potential circumstances to consolidate relative to their
possible impact and how they will impact Collier County.
It's -- it very much has been a moving target in that there seems
to be some determination to pass some sort of legislation to amend
the, what we know as the Growth Management Act.
But as you can see, in each version, it's a chicken in every pot.
Someone has something they need, whether it's issues of concurrency
and urban cores relative to the exemption and redevelopment areas,
however you might define those, to the need to essentially take away
that threat of the -- that we've always had over the years of the
ultimate failure of the moratorium by providing the mitigation
opportunities, as Norman mentioned.
COMMISSIONER HENNING: Well, the -- I know that the
governor, and this is one of his top -- top things that he wants to
champion before he quits, is -- he's term eliminated, is the Growth
Management Act, the revision of it. But we have opportunities at his
level to try to stop it and rework it, massage it, bring it back to our
liking.
But Representative Goodlette is not the only one that can kill this
bill.
CHAIRMAN COYLE: Well, he's probably our best choice, but
he's not the only one.
COMMISSIONER HENNING: No, definitely not. And I mean,
I agree, we don't want to erode our abilities to make local decisions.
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April 26, 2005
And we always have screened it. So I guess what we need to find out
is, is this train so far advanced that we're not going to stop it, or --
COMMISSIONER HALAS: That's what it looks like.
COMMISSIONER HENNING: -- or is it -- and make some kind
of recommendations not to get hurt -- as less as possible, I guess, so
we come out as whole, as much as possible, or just flat out kill it.
CHAIRMAN COYLE: Well--
COMMISSIONER HENNING: And that would be something
that --
CHAIRMAN COYLE: And those are good questions, and I
don't know. I really am baffled by the whole process that's going on
here where people are moving bills through their committees, but the
bill that's approved by the first committee is not the bill that's
considered by the second committee, and it's not the bill that's
considered by the fourth committee, and it keeps changing as you go
along, and nobody really knows what this thing will finally turn out to
be.
COMMISSIONER HENNING: Why don't we do this, authorize
the chairman to talk to Representative Goodlette and find out the
possibilities of this bill passing, and what his thoughts --
CHAIRMAN COYLE: I'll be happy to do that.
COMMISSIONER HENNING: And what his thoughts are, and
any feasibility of killing the bill.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Because of the political will up
there that we don't understand, we need to ask those questions. And if
it does go through, if it is going to hit the floor, just let us know
through some kind of correspondence through the county manager,
and let us start doing some lobbying.
CHAIRMAN COYLE: Well, I think we're going to have to do
the lobbying, you know, starting first thing tomorrow.
But here's the problem. You're absolutely right. Governor Bush
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April 26, 2005
wants to get a growth control measure through the legislature. But his
-- what is being proposed is not growth management. It's a tiny little
subset of growth management. Somebody somewhere in Tallahassee
believes that growth management has to do only with impact fees,
building a school building, and building a road.
MR. MUDD: Water, too.
CHAIRMAN COYLE: And water. They have no understanding
of all of the growth management techniques which we have to utilize
to achieve reasonable growth management in Collier County, or in
any other county. They don't understand the issues of activity centers
and mixed-use developments, and they don't understand things about
density credits and all these things that we do to try to make things
work better as far as growth is concerned.
They think this is growth management. And so they're going to
rush this thing through and call it a growth management bill, and it's
going to be one tiny little part of the whole puzzle, and it's going to
have so many inconsistencies in it that we can't make it work, and
that's what bothers me.
Okay, Stan.
MR. LITSINGER: There are several consistently good parts of
this legislation, if they don't -- if they strike all the other provisions,
and that's the money.
CHAIRMAN COYLE: Yes.
MR. LIT SINGER: If they'd just send the money and go back
and think this over for another year and well, leave us alone --
CHAIRMAN COYLE: Yeah, would be okay.
MR. LITSINGER: -- we'd be much better off.
CHAIRMAN COYLE: And hey, guess what, we've been doing
pretty darn well without their money over the past couple of years,
right? We've funded all of our road construction --
MR. LITSINGER: Absolutely.
CHAIRMAN COYLE: -- and everything else we've been doing.
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April 26, 2005
So if they'll leave us alone -- you're right. If they'll leave us alone and
let us do our job, we'll get it done.
But this kind of stuff is going to pick it apart because they think
that's growth management, and it has nothing to do with growth
management.
But I'll call -- if it's the board's pleasure, I'll call Representative
Goodlette and I'll call Representative Davis tomorrow and talk with
them and see what can or cannot be done with it. But we need to
express our general concern. I would hesitate to be critical, because
we don't even know what to criticize.
COMMISSIONER FIALA: Call David Rivera, too.
CHAIRMAN COYLE: It might be changed by the time our
criticism gets up there. But--
COMMISSIONER HALAS: Commissioner, I think the only
thing that I'm very concerned about is where we lose the authority for
home rule in each of the counties.
CHAIRMAN COYLE: Yeah.
COMMISSIONER HALAS: That's my biggest concern, and I
think that's where all this is leading to, to take the power away from
the counties.
CHAIRMAN COYLE: Yep.
COMMISSIONER HALAS: And I think we're the ones that
have to live with the problems day in and day out, and I think that's
where we have to be.
I'll give you a nod to -- in regards to communication, and I would
hope that -- I don't think we'd be in violation of sunshine if
Commissioner Coyle sends every one of us an e-mail in regards to
what he finds out, or are we on the fringe of a sunshine violation?
CHAIRMAN COYLE: Can I just inform the county manager
and let --
MR. WEIGEL: Well, the thing is, county manager can talk to
any of you. County manager can't be a conduit back and forth, just as
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April 26, 2005
any commissioner, or any advisory board member, you can always
send a communication one way.
COMMISSIONER HALAS: That's right.
MR. WEIGEL: It takes two to tango, and that's when you get
into trouble, So as Mr. Halas had suggested, if one wished to go that
route, Mr. Coyle could, in fact, indicate where he is.
COMMISSIONER HALAS: Okay.
MR. WEIGEL: One little side that I had is that this board, it
would appear, is about to endorse the chairman to take some actions
and maybe even to have some flexibility to make some action and
some decision.
For instance, in talking with out legislative delegation and maybe
principally, Mr. Goodlette, Representative Goodlette may tell you,
Mr. Coyle, whose others' buttons you might want to push in this
regard, and so that the authorization of this board might be beyond
merely our legislative delegation, but clearly to go beyond that, and
this board may also want to consider any correspondence that you
may wish to, with the assistance of the manager and the county
attorney, if you'd like, be sending out just as well --
CHAIRMAN COYLE: Okay.
MR. WEIGEL: -- confirming, if need be, memorializing phone
conversation or not.
CHAIRMAN COYLE: I'll let as many people know what I find
out as quickly as possible, okay?
COMMISSIONER HALAS: Okay.
MR. WEIGEL: That type thing.
CHAIRMAN COYLE: And I -- and, again, in this particular
case, in this bill -- with respect to this bill, Representative Davis has
made every attempt to get us the updates as quickly as he possibly
could. He had this update for us on Wednesday, and he insisted that
we take it with us, and we did.
So there has been no failure on the part of our legislative
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April 26, 2005
delegation to notify us what was going on with this -- with respect to
this particular bill, and so there's no criticism intended. It's just that
they have a very narrow understanding of growth management in
Tallahassee, and we somehow need to broaden that perception, and I'll
try to do that as diplomatically as possible, okay?
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Yes.
MR. MUDD: Sir, one comment that I will make, this has been a
very, very hectic legislative session. It has a lot to do with how they
staggered their input as far as bills are concerned. Last year they input
all their bills first day of session or two -- you know, within a couple
days of the first part of the session.
This time they've been able to put a bill in the first week. You
know, three weeks later they can put in another one, and they've
staggered their -- they've staggered their bills as they go in. Very
difficult to figure out what's on the table as that's moving forward,
okay?
And it gets to the point in time that you know each representative
only can put in a certain number of bills, so if somebody's --
somebody hasn't put one in, who's putting it in for somebody as
maybe a favor or whatever, been very difficult.
It's been very difficult, and I know the board's got some different
views on lobbyists, but I will tell you, if they're staggering their input
like they did this year, Commissioner, I don't want to go through
another year without having a full-fledged lobbyist just beating the
drum up there and keeping us informed and calling each one of you
and things like that.
CHAIRMAN COYLE: I agree, I agree.
MR. MUDD: Well, we'll talk about that during budget time.
CHAIRMAN COYLE: We have that scheduled for discussion at
some point in time?
MR. MUDD: Yes, sir. We're going to talk about it at budget
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April 26, 2005
time.
CHAIRMAN COYLE: Good. Then that's everything I've got on
this thing. You've given me the guidance I need to do whatever you
want me to do, so I'm okay. Thank you very much.
COMMISSIONER HALAS: Good luck.
CHAIRMAN COYLE: Thanks, I'll need it.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. MUDD: Commissioner, I believe we're at public comment
on general topics.
MS. FILSON: Yes, sir. I have one public comment person.
Keith Tompkins.
MR. TOMPKINS: Thank you. I appreciate it. Thanks for
hearing me this late in the day. My name is Keith Tompkins. I'm the
property manager for the Eagle Creek Community Association.
There is a proposed Super W al- Mart to be constructed across the
-- across county road -- State Road 951 from the entrance to Eagle
Creek, along with that will be a traffic signal installed on Collier
Boulevard.
The location of the traffic signal is the issue. We have worked
with Wal-Mart for the last several months on proposed locations for
various issues that we're confronted with, including the location of the
traffic signal, as with the county staff as well as.
Last Thursday, the Florida Department of Transportation
apparently has made a decision to locate the traffic signal south of the
Eagle Creek entrance and close the median opening from Eagle Creek.
We believe the county staff supports the light at Eagle Creek
Drive, as we've had indications of that. Certainly Wal-Mart had
complete flexibility in designing the traffic signal where they felt it
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April 26, 2005
best suited their needs and the needs of the impact to the traffic that a
Super Wal-Mart brings with it.
So again, they came down. They've -- that feeling that the best
location for the signal was Eagle Creek Drive. Obviously the
residents in that area believe the best location for the signal is Eagle
Creek Drive.
To close the median is a safety issue. Obviously to come out to
cross three lanes of traffic, then do a U-turn to go north on 951 is a
difficult issue that we're very, very concerned about.
The only people, it seems, that want the signal to be somewhere
other than Eagle Creek Drive are FDOT staffers in Bartow and
Tallahassee or Vero Beach, wherever they are, have never probably
been to this intersection, probably never will be to Collier County to
this particular signal.
What I am asking you, and I am here tonight for really two
reasons, just to get the issue on the radar screen. I have set up
meetings with most of you next week, and I wanted to ensure that we
would have this issue on the agenda from a -- for the May 10th
meeting. That was my intent in being here, to let you know about the
Issue.
What I am specifically asking you to do is to instruct staff, or to
work with the county staff, to see that they go back and meet with the
FDOT for the location that we tend to -- we seem to prefer down here
in Collier County.
So the request is simple, an instruction to the county staff to go
back -- county transportation staff to go back to the state FDOT
officials, to reconsider their decision. They say it is final, but not
final, final, it seems, in talking to them about this. If they heard
differently from the county staff, I think it would make a difference,
and I think the people here in Collier County would be much more
pleased with the location of the light as we see it. That's it.
CHAIRMAN COYLE: Thank you very much, Steve.
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April 26, 2005
COMMISSIONER HALAS: Can I ask Norm Feder, do we work
with FDOT in regards to an issue of this nature, and how did this get
so far out of the box?
MR. FEDER: For the record, Norman Feder, Transportation
Administrator. Yes, Commissioner, we do; however, they control the
issue and the placement of traffic control on their system. In this case,
951 is a state facil'ity south of U.S. 41.
They raised the issue to us a few days ago, beginning of the
week. We noted to them that there would be a lot of community
concern.
The folks at Eagle Creek have been asking for a signal from state
for many years now. They have not met once. And the state hasn't
agreed to a signal at that location because of that.
The feeling was that if Wal-Mart came in -- and please
understand, right now Wal-Mart does not have authorization to
proceed because of our concurrency. But if, in fact, W al- Mart were to
come in, the possibility of getting a signal, because Wal-Mart would
create that warrant need to put it across from Eagle Creek.
I will tell you though, for the record, as your transportation
administrator, from the very first day -- and Commissioner Fiala, I
know, can attest to this -- I've made it clear that I was very concerned.
We've got a major concern at our intersection of 41/951 with
other growth in the area, and this signal would be very close to that
intersection with 41.
And so we do, as your staff, have some concerns with that
placement. We do note that Florida DOT has jurisdiction over it. It
would move it further south as their proposal gets as far south as it
could be on the Wal-Mart site.
Actually an issue I raised in the beginning started when these
discussions -- and I understand the community concern, but the state
has raised that because it would push it further south of the U.S. 41
intersection, and it is their jurisdiction here.
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April 26, 2005
Now, if you instruct me to, I can continue dialogue with them,
but I will tell you as staff, I have to have some concurrence with them
that, in fact, the further south that I can place it the better, and if that
site gets developed and if it should develop as a Wal-Mart, again, the
further south that we can place that signal away from U.S. 41 the
better for the operations of the overall network.
COMMISSIONER FIALA: Doesn't that bring it -- the further
south it goes, doesn't that bring it closer to that bridge and then to
Manatee Road?
MR. FEDER: No, you're not that far south, unfortunately. I
wish I was. You're only about a half mile south instead of just over a
quarter of a mile, where you would be at the Eagle Creek entrance.
COMMISSIONER FIALA: Well, then wouldn't it make sense,
as long as -- you know, if all these people then have to go and do a
U-ie around, and wouldn't it just make sense to put it there by Eagle
Creek?
MR. FEDER: First of all, please understand what I'm saying, is
if the backup from U.S. 41 is substantial enough with the development
and with the impact ofWal-Mart turning out in traffic, then you've
created a major problem at 41 and 951 if you put the signals too close
together.
I would also note to you that part of what we need to deal with
the folks at Eagle Creek is to make sure that Lowe's or whatever
comes into their other entrance, to the signal off of 41, that we
maintain and enhance that as well as provide for them as we have to
throughout the county where we have access points too close to major
intersections, for that provision of coming down and the ability to
U-turn at a signal, and that is not an unsafe condition. It's not the most
desirable for those in the community. But for the overall network, we
find ourselves having to do that throughout the county. I'm doing it
out of my development down to Livingston.
COMMISSIONER HALAS: Is it the -- is the proposed area that
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April 26, 2005
FDOT is looking at, is this south of Tower Road, or is it --
MR. FEDER: It's still north of Tower Road.
COMMISSIONER HALAS: It's still north of Tower Road.
MR. FEDER: I'd have to get a map out before I mislead you,
Commissioners, but it would be at the very southern end of where the
Wal-Mart property would be, which is only about a half mile down.
It's north, I believe, of Tower Road. It's north of Holiday Manor, the
mobile home park.
So I can't tell you exactly how far. I can tell you it's about a half
mile down, because part of what we're discussing with the folks at
Wal-Mart is their six-laning of sections of that, and through the
intersection if, in fact, they are going to be able to go forward, because
right now, as you know, by our concurrency, they can't move forward.
COMMISSIONER HALAS: Is there any way that Eagle Creek
could move their entrance?
MR. FEDER: I don't think the way that they're structured, that's
an option, although that would be great if t~ey could. We'll continue
to look at issues there.
I will raise the issue again to DOT, because as I said, when they
first came to us, I said, you do know that that's going to raise a lot of
consternation in the community.
I will tell you though that I understand what they're trying do,
and also note to you that, in fact, that we're going to maintain
operations at the 951 and 41 intersection, which I said some time ago,
we've got to be very, very careful what we do here. And I think the
signal at that location --
COMMISSIONER HALAS: Can you show us on the map about
where the -- we've got Henderson Creek and we've got Tower Road,
and maybe give us an approximate point.
MR. FEDER: I think this is probably just above Tower Road.
MR. TOMPKINS: No, it's north of Henderson Creek Drive.
North of --
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April 26, 2005
MR. FEDER: Yeah, right about here. That dotted line map,
which is north of Henderson Creek. It's probably a little more than
that. Is that about right?
MR. TOMPKINS: Yes.
CHAIRMAN COYLE: You've got to get on the mike there,
Norm.
MR. FEDER: It's just north of the dot that I've given you. It
would be right at the northern boundary of Henderson Creek, so you
see the streets there of Henderson Creek that you see on the map;
therefore, it would be just above that northern boundary of Henderson
Creek.
COMMISSIONER FIALA: Norm, I'm still very, very, very
concerned about what that -- what a Super Wal-Mart would even do to
that intersection. Well, you know, you and I have discussed it, but I've
never discussed it with the other commissioners before.
And when you see the impact that it made on 951 over there with
the first one, which is what, four miles down the road --
MR. FEDER: Yes.
COMMISSIONER FIALA: -- and then you have another one
but in this really critical intersection, I just don't know how that
intersection can even accommodate something like this.
MR. FEDER: Well-- and, again, that's why we haven't agreed to
it under the concurrency. Until they come in with a mitigation plan
that we feel we can bring to you that actually responds.
But, again, I think what the state has said, just looking at it, that
they couldn't make it work at this intersection, and they did modeling
of it. We have to concur. That was my initial reaction, if you
remember, from the start. And they're saying that they don't want to
see two of their facilities, 41 and State Road 951, impacted; and
therefore, they're recommending the signal go as far south as it can.
I would venture to say, although I didn't ask them this, it would
probably be the same statement I made to you in the beginning, and
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April 26, 2005
that is, if you could go further south, it would be even better.
CHAIRMAN COYLE: So you're working on the problem, right?
MR. FEDER: We're working with the state, we're trying to
evaluate options. But, again, as I said, it is a state facility, and they
have come down with that statement. And I've told them to get back
to their folks to understand that if they're going to take that position,
there's going to be a lot of concern. And they've come back and said
that's their position.
CHAIRMAN COYLE: Well, let us know if we need the Board
of County Commissioners to send them some correspondence.
MR. FEDER: I understand. But as your staff, I'm not sure that I
would recommend that to you, but of course, I will follow the wishes
of the board.
CHAIRMAN COYLE: Okay, good. Thank you very much.
No other public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: Okay.
MR. MUDD: Now, I'm going to put Mr. Thompson's (sic)
request on public petition for the next meeting on 10 May, and I'll
send him a letter to let him know that. He asked me to do that. And
he wanted to do it public petition today, but he gave it to me last night,
and it wasn't within the 13 days, so --
CHAIRMAN COYLE: Wait a minute. He did this under public
comment.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Why can't we just give you direction to
do it and he doesn't have to come back and get it done?
MR. MUDD: I don't have a problem. I'm just trying to clarify.
CHAIRMAN COYLE: Okay. Why make him go through this
twice?
MR. TOMPKINS: Well, I don't consider that. I have a lot of
other facts and information that I'll give you in the time between now
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April 26, 2005
and the next meeting that I think would make it relevant to ask the
board to specifically direct staff to take action with FDOT.
COMMISSIONER HALAS: That's what we're going to
basically do right now.
CHAIRMAN COYLE: I was going to do that now.
MR. TOMPKINS: Okay.
CHAIRMAN COYLE: And then you can provide them the
information. You can work with -- directly with staff and get them the
information.
MR. TOMPKINS: Okay. I guess I'm asking -- I would like
maybe to ask the board to be more specific in their directive to the
staff, and I think that that's probably going to require that I give more
background information on all the information and all the facts on the
studies that were privately funded, as well as the stakeholders.
CHAIRMAN COYLE: I'm not sure we're going to get involved
in telling the staff how to design this thing. I think the staff is going to
tell us how they think it should be designed, and then we'll either
approve it or disapprove it, but I don't think we'll get involved in the
design process.
MR. FEDER: What I think the board has asked me, and I'd be
very happy to get all that information, work with the data, make sure it
goes to Florida DOT, we'll consider it as well.
CHAIRMAN COYLE: Okay. Are we all right?
COMMISSIONER FIALA: So we have clear direction, right?
Everybody knows what we're doing?
CHAIRMAN COYLE: Yeah. We want to solve this problem
and we want to make sure that DOT listens to our concerns, and Norm
is going to work with Mr. Tompkins to try to sort it out, and then
Norm will make a recommendation to us, and we'll either approve it or
disapprove it, right? Everybody happy with that?
Okay, good. Saves you the trouble of having to come back and
start it two weeks from now.
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April 26, 2005
MR. TOMPKINS: Appreciate it.
CHAIRMAN COYLE: Okay. Now, we have County Attorney?
Do you have anything you want to tell us?
MR. WEIGEL: No, I'll just be available for any response I may
need to, but thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN COYLE: Okay. County Manager?
MR. MUDD: Commissioner, first of all, I need to give you an
update. At the last board meeting you directed staff to run another
advertisement in the paper. Commissioner Coyle and I went up on
Tuesday last week to talk to our legislate (sic), all our representatives
in Tallahassee, and we were able -- you know, maybe it was on our
part for being there or whatever, but they basically -- they tabled 1173
in committee which basically sealed its fate at least on the House side.
CHAIRMAN COYLE: That's the impact fee bill --
MR. MUDD: That's the impact fee bill.
CHAIRMAN COYLE: -- if anybody's listening.
MR. MUDD: That's the impact fee bill. Because of that tabling, I
didn't believe that it was appropriate to run another advertisement in
the paper. And Wednesday was our cutoff last week to make the
Sunday edition. So I made a decision, and I asked for counsel from
the chair to basically hold that particular item and not do it.
So we didn't blow you off. We thought about it, and thought that
it would be good to get the chairman to go up there and talk to our
local delegation so that they understood how serious 11 73 was, and I
believe that our meeting there was quite fruitful last week.
The next item is, in the next couple of days I will send you a
memo with the unfinanced required list as we know it. I will give you
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April 26, 2005
a complete breakdown of what dollars are there that are over and
above what was budgeted because of turnbacks and whatnot now that
we're finished with the sheriffs appeal.
I would ask you to prioritize your particular wishes on that sheet,
just like we did in prior years, and then I will bring that to the board
either on the 10th of May -- and it probably will be the second
meeting in May -- and then we'll basically discuss that so you have
time to figure that out how you want to get that stuff done. But I just
thought I'd let you know that that's coming.
That's all I have, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Two things. The continuation
of the conditional use for Jesse Hardy, I didn't vote for it because I
didn't -- the information that I had in my packet was not legible, so I
couldn't make a decision on that, so I want to clarify that.
Item #1 OA - CONTINUED FROM EARLIER IN THE MEETING
The other issue is the Cockaded Woodpecker Habitat Committee,
the reason I voted for it, Commissioners, is in the ordinance, I want to
point out -- and I think a lot of -- everybody agreed but nothing was
done about it -- basically there's stakeholders -- is talking about
stakeholders, and environmentalists that have worked for this -- on
this issue that we tried to get them involved, and it truly -- that -- it
was stated that the ones that were here pushing for it was not going to
apply for it, but I can assure you that people within the organization
surely will.
And what you have -- what you set up is, okay, we're going to set
up this committee mainly of developers and environmentalists to
speed up the permitting process, and I think the Board of
Commissioners are going to get criticized for it, and if we can just
have a --
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April 26, 2005
COMMISSIONER FIALA: There was a --
COMMISSIONER HENNING: Well, yeah, there is, and
interested people. And Joe and I talked about this, and he is going to
try to get other people involved in it.
But the reason I voted for it, I want to reconsider it and change it
and remove -- it is section two where it says the committee
compromised (sic) of nine members, then it says, development
community and environmental interests.
So, you know, if we remove that, I'm going to be -- I think it
would be better for the Board of Commissioners. But under
reconsideration, can we do that under the communication?
Oh, wait a minute, we did that the last meeting, that's right. I
remember you guys reviewing it on Sunday.
So I'm going to make a motion to reconsider this item and bring
it back on another agenda.
CHAIRMAN COYLE: Well, the point here, I think is -- I mean,
we can revise it any way you want to revise it. I don't think it makes a
bit of difference.
MR. SCHMITT: I could take your guidance today.
CHAIRMAN COYLE: What's going to make a difference is
who we recommend to be included on the--
MR. SCHMITT: Absolutely.
CHAIRMAN COYLE: -- board. I mean, you advertise, you get
people, you -- you determine what their qualifications are, we look at
them and we pick the people to serve. I mean, it's our job to make
sure it's a balanced committee.
COMMISSIONER HENNING: Well, when Sue advertises, she
goes by the ordinance, correct?
MS. FILSON: I go by the categories in the ordinance, but
usually those categories are merely directory and not mandatory.
CHAIRMAN COYLE: That's right.
MS. FILSON: Some ordinances are mandatory, but most of
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April 26, 2005
them are directory.
COMMISSIONER HENNING: So why would we want to send
out something that we want developers and environmentalists when
we really have no intent to put them on the board?
CHAIRMAN COYLE: Well, I think we ought to have a
developer on the board and we ought to have an environmentalist on
the committee, but that doesn't say exclusively developers or
environmentalists.
MR. SCHMITT: We have not formed this committee yet,
Commissioner.
CHAIRMAN COYLE: Well, that's exactly right. That's my
point.
MR. SCHMITT: The language says, to the maximum extent
possible, including but not limited to potential affected property
owners, one category, the development community, another category,
and environmental interests.
If we could add a sentence in there where we encourage property
rights advocates or other interested citizens or whatever, I think what
Commissioner Henning -- and what I mentioned, Commissioner
Henning, is, certainly we're going to encourage a wide dissemination
of this to get a broad viewpoint in regards to this -- the composition of
this. And I think what -- maybe what --
COMMISSIONER HENNING: Why don't we put in
Republicans and Democrats and--
MR. SCHMITT: Well, we could just say, nine-member panel,
and that's it, eliminate the rest of the wording, if you want, in this
ordinance.
CHAIRMAN COYLE: Yeah, that would be fine, too, if that
would work. I don't see any problem with eliminating any of the
categories, but it clearly says, including but not limited to, and that --
COMMISSIONER HALAS: Clear direction.
CHAIRMAN COYLE: -- gives you all the flexibility in the
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April 26, 2005
world.
MS. FILSON: So if anyone called me on that committee because
of that language, I would tell them they would have to be a Collier
County citizen and registered to vote. That would be the criteria
because it just recommends those categories.
COMMISSIONER HENNING: Well, how's --
MR. SCHMITT: And then we bring this back to you for final
selection.
COMMISSIONER HENNING: How is it going to be
advertised? How are you going to advertised it as --
MS. FILSON: I'll take the language out of the resolution or
ordinance, whichever it is --
COMMISSIONER HENNING: Right.
MS. FILSON: -- and put strongly suggest, and I take it straight
from there.
COMMISSIONER HENNING: Right.
MR. SCHMITT: I can eliminate that sentence.
COMMISSIONER HENNING: And that's where you're going to
get your criticism, Commissioners, because it's going to say what I
just said, is development community, environmentalists, and any other
CHAIRMAN COYLE: Property owners.
COMMISSIONER HENNING: -- and any other -- well, it says
the committee members should be representative of various
stakeholders groups, including but not limited to potential affected
property owners, developers, and environmentalists.
CHAIRMAN COYLE: Including but not limited to.
COMMISSIONER HENNING: Okay. And so you get that out
in the advertisement, and that's the perception is -- that's what you're
going to get, affected property owners, people that are interested, and
that's the developers and environmentalists to speed up the permitting
process.
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April 26, 2005
So why don't we just take that out of there and just say registered
voters of Collier County.
CHAIRMAN COYLE: This isn't worth arguing about. Can we
just make that change and get it over with now, or do we have to have
it -- bring it back?
MR. WEIGEL: No, you don't. You can take care of it this
meeting. If a motion to reconsider by a person who voted in the
majority is made during the meeting in which the original thing was
voted upon, you can have the motion to reconsider, and if there's a
second and it passes, then you go right back and reconsider the item as
if it's brand new.
COMMISSIONER FIALA: I'll make a motion to reconsider.
MR. WEIGEL: Well, Mr. Henning made a motion earlier. I
guess he's looking for a second.
COMMISSIONER FIALA: Oh, I'll second it. I'm sorry.
CHAIRMAN COYLE: All right. We have a motion by
Commissioner Henning, a second by Commissioner Fiala, to
reconsider this particular 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: Any opposed?
(No response.)
MR. WEIGEL: And for the purposes of the court reporter, we'll
want to identify that item number that this --
MR. SCHMITT: That is noted on the--
MR. MUDD: lOA.
MR. SCHMITT: It's agenda item lOA. It is page three of four of
the packet. Under lOA, it's the resolution that was included as part of
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April 26, 2005
the agenda item.
COMMISSIONER HENNING: I make a motion that we amend
resolution under item number lOA, second section, it says the
committee shall be comprised of nine members, to the maximum
extent possible should represent the various -- various taxpayers and
registered voters -- registered voters of Collier County.
MS. FILSON: Actually, Commissioner Henning, if I could
interj ect. At the end of the press release I put a little paragraph down
there that says you must be a Collier County resident and a registered
voter.
COMMISSIONER HENNING: Okay.
MR. SCHMITT: Let's just eliminate the sentence.
COMMISSIONER FIALA: But what he's saying is he doesn't
want the other stuff. He just wants that.
MS. FILSON: I understand.
COMMISSIONER HENNING: Various residents of Collier
County, and then put your political disclaimer on the bottom.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN COYLE: We have a motion to amend the
ordinance.
MR. WEIGEL: Yeah. This is a resolution, and so we're not
actually amending the resolution. This is reconsideration. And I
mean, you're changing the language, you are amending the language,
but you'll come out of here with one resolution and not an amended
resolution, just for clarify.
CHAIRMAN COYLE: Yes, that's right.
MR. SCHMITT: Just to clarify to make it a matter of the record
then, the sentence will read, to the maximum extent possible, the
committee membership should have representation from various --
COMMISSIONER HENNING: Residents.
MR. SCHMITT: -- residents, or some -- various residential
groups of --
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April 26, 2005
CHAIRMAN COYLE: No, not --
MR. SCHMITT: Various residents of Collier County, period.
Then we'll go on to say, the members shall serve at the pleasure of the
Board of County Commissioners, and we'll continue with that.
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: So that's fine.
CHAIRMAN COYLE: I'd suggest we say residents and voters
of Collier County, because that's the requirement. We may as well put
it in there right up front.
MR. SCHMITT: All right.
CHAIRMAN COYLE: And--
COMMISSIONER HENNING: Well, you may -- if you say
residents and voters, you'll get residents that are not voters.
COMMISSIONER FIALA: How about voting residents of?
CHAIRMAN COYLE: Residents and voters means they're a
resident and they're a voter.
MR. SCHMITT: And voters. It's inclusive.
CHAIRMAN COYLE: It's not or.
MR. SCHMITT: That's right.
CHAIRMAN COYLE: It's both.
MR. SCHMITT: It's both.
MR. WEIGEL: How about residents who are voters?
CHAIRMAN COYLE: Residents who are voters, sounds good
tome.
MR. WEIGEL: And my --
MR. SCHMITT: Registered voters.
MR. WEIGEL: You might want to take off that, to the maximum
extent possible --
CHAIRMAN COYLE: That's right.
MR. WEIGEL: -- because what does that mean at this point?
CHAIRMAN COYLE: It doesn't mean anything.
MR. WEIGEL: Okay.
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April 26, 2005
COMMISSIONER HALAS: So what are we quibbling over
here?
CHAIRMAN COYLE: Nothing, nothing.
MR. MUDD: You have a nine-member committee, sir.
MR. SCHMITT: Well, it is important because we want a diverse
group.
CHAIRMAN COYLE: That's not important.
COMMISSIONER COLETTA: Call the question.
CHAIRMAN COYLE: You know, we knew what we wanted to
do. Okay . We've got it done. Is there -- we didn't vote on it.
All in favor of the motion, 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?
(N 0 response.)
CHAIRMAN COYLE: Okay. It carries unanimously. We've
modified it.
Anything else?
COMMISSIONER FIALA: Yes. I wanted to just say I hope a
lot of people come to the town hall meeting on Thursday night. It's
the Islands town hall meeting for Goodland, Isles of Capri, and Marco
Island, seven o'clock p.m. at MackIe Park. See you there.
CHAIRMAN COYLE: Okay. Thank you. I have nothing.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I do. Thank you very
much. Earlier today I was neglect in bringing a proclamation forward
that I've been asked to bring forward. Every year Everglades City has
a National Day of Prayer. And if I may read this into the record.
We've approved this in past years.
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April 26, 2005
Whereas, the National Day of Prayer is a day set aside by
Congress for all Americans to pray, reaffirm the spiritual principles
upon which the nation was founded; and,
Whereas, in Collier County we are fortunate to have been blessed
by our creator with beautiful beaches, rivers, lakes, fields, forests, and
a -- and people, who through hard work and intelligent effort and toil,
have made countless cultural, industrial, agricultural and educational
advancements for the enrichment of life for all our citizens; and,
Whereas, prayer has comforted us in times of sorrow and given
us strength and hope for the future. We ask God to keep his hand
upon us and bless Collier County, the great State of Florida, and the
United States of America; and,
Whereas, we continue to give thanks for the men and women of
the military that are defending freedom, and we humbly ask God for
their protection and pray for peace throughout the world; and,
Whereas, this year's 54th anniversary of the consecutive annual
observance of the National Day of Prayer with this year's theme,
American, God Shed His Grace On Thee, based on Hebrew's 4.16, let
us approach the throne of grace with confidence so that we may
receive mercy and find grace to help us in our time of need; and,
Whereas, on May 5th, 2004, Americans across the -- our nation,
state, and county will unite in prayer and give thanks for the many
blessings our country has received and pray for God's blessing and
protection upon our leaders in our nation.
Now, therefore -- they've got the wording a little different than
we normally do, but I think you'll find it's acceptable.
Now, therefore, I, Fred W. Coyle, County Commissioner Chair
of Collier County, Florida, do hereby extend greetings of blessings to
all observing May 5th, 2005, as National Day of Prayer, signed Fred
W. Coyle, Chairman.
Motion to approve.
COMMISSIONER FIALA: Second.
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April 26, 2005
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Coletta, 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: All opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Does the -- is the attorney supposed to
approve these before they are --
MR. WEIGEL: No, we never see them.
CHAIRMAN COYLE: Okay. All right. Very well.
Anything else?
MR. MUDD: And Ms. Filson will get that typed up, you will
sign it, and we'll get it out to them in Immokalee.
CHAIRMAN COYLE: Okay. And Commissioner Halas?
COMMISSIONER HALAS: I'd just like to say that it's been an
interesting day for a short agenda, but also I'd like to bring out --
Commissioner Coletta made a point about Vanderbilt Properties that
are relinquishing some of their property for beach parking for the
residents of Collier County. I'd like to thank them also.
And I'd also like to let people know up in District 2 that two of
the bridges that we've been trying to address for a number of years, it
looks like it's come to fruition. It's the two small bridges which will
be south of the large bridge that spans the Cocohatchee.
We're still working on the large bridge, and hopefully within a
year or so, maybe we'll have the funding so that we can replace it, and
it will be designed for pedestrians and bikes. But we're working on
the two smaller bridges, and that will address pedestrians and bicycles.
Thank you.
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April 26, 2005
CHAIRMAN COYLE: Thank you very much.
We are adjourned.
***** 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
AN AGREEMENT FOR SALE AND PURCHASE WITH JUNIACE
SENECHARLES FOR 1.14 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION LAND
PROGRAM, AT A COST NOT TO EXCEED $30,850 - LOCATED
WITHIN GOLDEN GATE ESTATES, UNIT 65 (WINCHESTER
HEAD MULTI-PARCEL PROJECT)
Item #16A2
AN AGREEMENT FOR SALE AND PURCHASE WITH ROBERT
C. MALT FOR 83.18 ACRES UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT
TO EXCEED $4,781,080, LOCATED ON THE WEST SIDE OF
SR 951 ADJOINING ROOKERY BAY NATIONAL ESTUARINE
RESEARCH RESERVE - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A3
RESOLUTION 2005-162: APPROVING A TARGET
PROTECTION AREAS OUTREACH MAILING STRATEGY FOR
CONSERVATION COLLIER'S THIRD PROPERTY SELECTION
CYCLE
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April 26, 2005
Item #16A4
RESOLUTION 2005-163: FINAL APPROVAL OF THE
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
"WHIPPOORWILL LANE (FROM PINE RIDGE ROAD, SOUTH
TO STRATFORD PLACE ENTRANCE)", THE ROADWAY AND
DRAINAGE IMPROVEMENTS WITHIN THE RIGHT-OF-WAY
WILL BE MAINTAINED BY COLLIER COUNTY - W/RELEASE
OF THE MAINTENANCE SECURITY
Item #16A5
CARNIVAL PERMIT 2005-04: PETITION CARNY -2005-AR-
7495; GRANTING FRED HOLLINGSWORTH, PRESIDENT,
THREE RING ENTERTAINMENT, INC., D/B/A HOLLY BROS.
BARNEY AND BIDWELL CIRCUS, A PERMIT TO CONDUCT A
CIRCUS FROM MAY 9, 10, AND 11,2005, AT THE
IMMOKALEE REGIONAL AIRPORT LOCATED AT 165
AIRPARK BOULEVARD, IMMOKALEE, FLORIDA -
W/W AIVER OF THE SURETY BOND
Item #16A6
RECORDING THE FINAL PLAT OF "COCO LAKES ESTATE
HOMES"
Item #16A7
RECORDING THE FINAL PLAT OF "INDEPENDENCE PHASE
TWO" , APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
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April 26, 2005
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
Item #16B1
SUPPLEMENTAL AGREEMENT NO.2 TO PROFESSIONAL
SERVICES AGREEMENT NO. 03-3446, IN THE AMOUNT OF
$161,147.50 FOR ADDITIONAL ENGINEERING, PERMITTING
AND POST DESIGN SERVICES TO BE PROVIDED BY
AGNOLI, BARBER, & BRUNDAGE, INC., FOR RELOCATING
THE ENTRANCE AND ACCESS ROAD TO THE COLLIER
COUNTY SCHOOL DISTRICT BUS FACILITY, DESIGNING A
PATHWAY ON THE NORTH SIDE OF THE ROADWAY AND
TO PROVIDE POST DESIGN SERVICES FOR THE SIX-LANING
OF RATTLESNAKE HAMMOCK ROAD FROM POLLY
AVENUE TO COLLIER BOULEVARD AT THIS TIME,
PROJECT NO. 60169 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16B2
SUBMITTAL OF A HAZARD MITIGATION GRANT TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY,
DEPARTMENT OF HOMELAND SECURITY FOR TRAFFIC
SIGNAL MAST ARM REBUILDS AT V ANDERBIL T BEACH
ROAD AT VANDERBILT DRIVE, VANDERBILT DRIVE AT
BLUEBILL AVENUE (111TH AVE.), SEAGATE DRIVE AT WEST
BOULEVARD, PINE RIDGE ROAD AT PINE RIDGE MIDDLE
SCHOOL, AND GOLDEN GATE P ARKW A Y AT NAPLES HIGH
SCHOOL IN THE AMOUNT OF $375,511 - AS DETAILED IN
THE EXECUTIVE SUMMARY
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April 26, 2005
Item #16B3
RESOLUTION 2005-164: AUTHORIZING THE ACQUISITION
BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS AND/OR
THOSE PERPETUAL OR TEMPORARY EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE FOUR-LANE EXPANSION OF COUNTY
BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE
HAMMOCK ROAD (PROJECT NO. 60101) ESTIMATED FISCAL
IMPACT $1~895.000
Item #16B4
AWARD A CONSTRUCTION CONTRACT WITH BONNESS,
INC. FOR INTERSECTION IMPROVEMENTS IN THE AMOUNT
OF $519,276.07 ON GOLDEN GATE BOULEVARD AT
EVERGLADES BOULEV ARD~ BID NO. 05-3802
Item #16B5
ADVERTISE FOR BIDS TO CONSTRUCT THE SIX-LANING OF
RATTLESNAKE HAMMOCK ROAD, FROM POLLY AVENUE
TO COLLIER BOULEVARD, PROJECT NO. 60169, AT AN
ESTIMATED COST OF $20 MILLION
Item #16B6
AWARD BID #05-3805 FOR PREPARATION AND DELIVERY
OF TITLE COMMITMENTS AND REAL ESTATE CLOSING
SERVICES TO AMERICAN GOVERNMENT SERVICES,
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April 26, 2005
MIDWEST TITLE, AND AMERICAN ACQUISITION TITLE,
INC.
Item #16B7
SUBMITTAL OF THE FLORIDA FOREVER (FF-5) GRANT TO
THE FLORIDA COMMUNITIES TRUST FOR THE GORDON
RIVER WATER QUALITY PARK IN THE AMOUNT OF
$8.600~000 - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B8
CHANGE ORDER NO.5 TO CONTRACT #04-3651 WITH
HANNULA LANDSCAPING, INC., FOR LIVINGSTON ROAD
(RADIO ROAD TO PINE RIDGE ROAD) LANDSCAPE
BEAUTIFICATION (PROJECT NO. 600714) IN THE AMOUNT
OF $148~470.33
Item #16B9
RESOLUTION 2005-165: (1) AUTHORIZING THE CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH
THE STATE DEPARTMENT OF TRANSPORTATION IN WHICH
COLLIER COUNTY WOULD BE REIMBURSED UP TO $586,500
OF THE TOTAL ESTIMATED COST OF $702,000 FOR THE
DESIGN, INSTALLATION, AND CONSTRUCTION
ENGINEERING INSPECTION OF TWO PREFABRICATED
BICYCLE AND PEDESTRIAN BRIDGES ON V ANDERBIL T
DRIVE; (2) AUTHORIZING THE ADVANCE OF THE $586,500
PLUS THE ADDITIONAL NON-REFUNDABLE PROJECT COST
OF $115,500 FROM THE GAS TAX FUND; AND (3) APPROVE
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April 26, 2005
FUTURE FISCAL YEAR ANNUAL COSTS OF BRIDGE
MAINTENANCE AND ALL NECESSARY BUDGET
AMENDMENTS - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C1
RESOLUTION 2005-166: SATISFACTION OF LIEN FOR A
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1992 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE
SATISFACTION OF LIEN
Item #16C2
RESOLUTION 2005-167: 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
Item # 16C3
RESOLUTION 2005-168: 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
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April 26, 2005
ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE
SATISFACTIONS OF LIEN
Item #16D1
A LEASE AGREEMENT WITH V ANDERBIL T PROPERTIES,
INC. FOR USE OF VACANT LAND TO BE USED FOR
TEMPORARY PARKING AND A CONSTRUCTION STAGING
AREA WITHOUT COST TO THE COUNTY - TO BE USED
DURING CONSTRUCTION OF THE COUNTY'S PARKING
DECK AT VANDERBILT BEACH, FOR A PERIOD OF ONE
YEAR
Item #16D2
OLDER AMERICANS ACT DISASTER RELIEF PROGRAM
CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC. D/B/A! SENIOR
SOLUTIONS OF SOUTHWEST FLORIDA AND AUTHORIZE
THE CHAIRMAN TO SIGN THE AGREEMENT - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D3
BUDGET AMENDMENTS TO REFLECT AN OVERALL
INCREASE OF $11,928 IN THE OLDER AMERICANS ACT
PROGRAMS AND AUTHORIZE THE CHAIRMAN TO SIGN
CONTRACT AMENDMENT OAA.203.05 #001 BETWEEN THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND SENIOR SOLUTIONS OF SOUTHWEST FLORIDA D/B/A
AREA AGENCY ON AGING - FOR A CONTRACT PERIOD OF
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April 26, 2005
JANUARY 1~ 2005 THROUGH DECEMBER 31~ 2005
Item #16D4
CONTRACT AMENDMENT NO.1, TO CONTRACT NO. 03-
3537, "TOURISM DEVELOPMENT COUNCIL MARKETING
SERVICES" WITH PARADISE ADVERTISING AND
MARKETING, INC. TO INCLUDE THE DEVELOPMENT OF A
STRATEGIC PUBLIC RELATIONS PROGRAM FOR THE
COLLIER COUNTY MUSEUMS AND THE NAPLES DEPOT IN
THE AMOUNT OF $20,200.00, FOR THE PERIOD OF MAY, 2005
UNTIL SEPTEMBER, 2005 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E1
REJECT ALL PROPOSALS RECEIVED UNDER RFP 05-3747,
INDOOR AIR QUALITY SERVICES - COUNTY TO REISSUE
REQUEST FOR PROPOSAL
Item #16E2
USAGE OF THE SCHOOL BOARD OF MIAMI-DADE
COUNTY'S INDUSTRIAL EQUIPMENT AND SUPPLIES
DISCOUNT BID (051-DD9) OVER THE TWENTY-FIVE
THOUSAND DOLLAR THRESHOLD FOR THE PURCHASE OF
HARDWARE AND RELATED ITEMS FOR MAINTENANCE,
OPERATIONS AND REPAIR- AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E3
Page 276
April 26, 2005
AWARD RFP 05-3761, SAP CONSULTING SERVICES TO
RAPIDIGM INC. AND TUI CONSULTING INC. - FOR AN
ESTIMATED ANNUAL COST $150~000
Item #16E4
REJECT THE AWARD TO FORT BEND OF 25% SODIUM
HYDROXIDE ON BID# 04-3706 "CHEMICALS FOR UTILITIES"
AND AWARD CORRECTED ANNUAL ESTIMATE OF
$94,050.00 TO ALLIED UNIVERSAL CORPORATION - DUE TO
AN ERROR MADE IN THE BID TABULATION
Item #16E5
AWARD RFPNO. 05-3799 TO PBS & J, BARRY, DUNN,
MCNEIL & PARKER, AND PROCESS WORKS, INC. IN THE
AMOUNT OF $225,000.00 - FOR PROCESS MAPPING/
ANALYSIS SERVICES
Item #16E6
SUBMITTAL OF A HAZARD MITIGATION GRANT TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY,
DEP ARTMENT OF HOMELAND SECURITY FOR RETROFIT
OF COLLIER COUNTY HEALTH DEPARTMENT BUILDING H
IN AN AMOUNT NOT TO EXCEED $350,000 - AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16Fl
AN OUT-OF-CYCLE FY2005 TDC CATEGORY "A" GRANT
APPLICATION AND TOURISM AGREEMENT WITH THE CITY
Page 277
April 26, 2005
OF NAPLES FOR LOWDERMILK PARK PARKING LOT
RECONSTRUCTION/RESTORATION PROJECT #90019 IN THE
AMOUNT OF $350,000 FOR WORK TO BEGIN JUNE, 2004 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item # 16F2
AWARD RFP #05-3775 TO TURRELL AND ASSOCIATES, INC.,
IN THE AMOUNT OF $162,000, FOR AN ENVIRONMENTAL
CONSULTANT FOR THE CLAM BAY RESTORATION
Item #16F3
AN INTERLOCAL AGREEMENT BETWEEN THE NORTH
NAPLES FIRE AND RESCUE DISTRICT AND COLLIER
COUNTY FOR AN ADVANCED LIFE SUPPORT ENGINE
PARTNERSHIP PROGRAM AND APPROVE THE NECESSARY
BUDGET AMENDMENT - TO ENHANCE ADVANCED LIFE
SUPPORT SERVICES
Item #16F4
A ONE-YEAR CONTRACT WITH HEALTHSTREAM, INC. TO
PROVIDE DISTANCE LEARNING SOFTWARE FOR THE
COLLIER COUNTY EMERGENCY MEDICAL SERVICES
DEPARTMENT AT A COST OF $28.080
Item #16G 1- Continued to the May 10, 2005 BCC Meeting
CONTRACT AMENDMENT A-2 INVOLVING CONTRACT #03-
3473 "CONSULTANT SERVICES FOR PREPARATION OF A
LAND DEVELOPMENT OVERLAY FOR THE
Page 278
April 26, 2005
BA YSHORE/GA TEW A Y TRIANGLE COMMUNITY
REDEVELOPMENT AREA (CRA) DISTRICT" TO INCREASE
HOURLY RATES FOR PERSONNEL IN CONJUNCTION WITH
THE 2005 CPI INDEX AND TO ADD PERSONNEL
CATEGORIES - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16G2
RESOLUTION 2005-169: AUTHORIZING EXPENDITURE OF
AN ANTICIPATED $500,000 UNITED STATES DEPARTMENT
OF AGRICULTURE GRANT, AND THE EXPENDITURE OF AN
ANTICIPATED $500,000 FLORIDA STATE RURAL
INFRASTRUCTURE GRANT, IN WHICH BOTH GRANTS ARE
TO FUND PHASE I CONSTRUCTION OF A SURFACE WATER
MANAGEMENT DETENTION POND REQUIRED AT THE
IMMOKALEE REGIONAL AIRPORT
Item #16H1
REQUEST BY COMMISSIONER HALAS FOR PAYMENT TO
ATTEND THE NAPLES ALLIANCE FOR CHILDREN'S
ANNUAL ADVOCACY DINNER AND APPLE BLOSSOM
AWARD CEREMONY ON MAY 5, 2005 AT THE COUNTRY
CLUB OF NAPLES; $35.00 TO BE REIMBURSED FROM
COMMISSIONER HALAS' TRAVEL BUDGET
Item #16H2
REQUEST BY COMMISSIONER HALAS FOR PAYMENT
HAVING ATTENDED THE MARINE CORPS LEAGUE OF
NAPLES ANNUAL PRESS DAY LUNCHEON ON APRIL 20,
Page 279
April 26, 2005
2005 AT THE ELKS LODGE; $13.00 TO BE REIMBURSED
FROM COMMISSIONER HALAS' TRAVEL BUDGET
Item #16H3
REQUEST BY COMMISSIONER HALAS FOR PAYMENT TO
ATTEND THE NAPLES GULF SHORE ROTARY MEETING,
WHERE HE WILL BE SPEAKING, ON MAY 4, 2005 AT THE
NAPLES BEACH HOTEL; $15.00 TO BE REIMBURSED FROM
COMMISSIONER HALAS' TRAVEL BUDGET
Item #16H4
REQUEST BY COMMISSIONER HALAS FOR PAYMENT TO
ATTEND THE ECONOMIC DEVELOPMENT COUNCIL'S
MEMBERSHIP MIXER HOSTED BY EDISON COLLEGE ON
MAY 4, 2005 AT THE EDISON COLLEGE COLLIER CAMPUS
(AT 7007 LELY CULTURAL PARKWAY); $15.00 TO BE
REIMBURSED FROM COMMISSIONER HALAS' TRAVEL
BUDGET
Item #16I1
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 280
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 26, 2005
FOR BOARD ACTION:
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. Disbursements for February 26.2005 through March 4. 2005.
2. Disbursements for March 5. 2005 through March 11. 2005.
3. Disbursements for March 12.2005 through March 18.2005.
4. Disbursements for March 19.2005 through March 25. 2005.
B. Minutes:
1. Forest Lakes Roadway Drainage M.S.T.U. Agenda for March 23, 2005
and April 13, 2005; Minutes of March 9,2005 and March 23, 2005.
2. Eayshore Beautification M.S.T.U. - Agenda for April 13, 2005; Minutes
of March 9, 2005.
3. Collier County Planning Commission - Agenda for April 7, 2005;
Minutes of February 17, 2005.
4. Collier County Hispanic Advisory Affairs Board - Minutes of February
24, 2005.
5. Collier County Library Advisory Board - Agenda for March 30, 2005;
Minutes of February 23, 2005.
6. Pelican Bay Services - Minutes of March 2, 2005, and April 6, 2005;
Statement of Revenue and Expenditures for March 31, 2005
a) Clam Bay Sub-Committee - Minutes of April 6, 2005
b) Budget Sub-Committee - Minutes of March 16,2005
7. Development Services Advisory Sub-Committee - Minutes of March 9,
2005.
8. Radio Road Beautification M.S.T.U. '- March 15, 2005 - no meeting due
to lack of quorum.
H:DataIFormat
9. Coastal Advisory Committee - Minutes for February 10,2005; Budget
Workshop - Minutes of February 18,2005.
10. Collier County Citizen's Corps Advisory Committee - Agenda for March
16, 2005; Minutes of March 16,2005.
11. Environmental Advisory Council - Agenda for April 6, 2005; Minutes of
March 2,2005.
12. Vanderbilt Beach M.S.T.U. - Agenda for April?, 2005; Minutes of March
3,2005.
13. Conservation Collier Land Acquisition Advisory Committee - Minutes of
February 14, 2005.
H:DataIFormat
April 26, 2005
Item #16J1
A DETERMINATION OF WHETHER THE PURCHASES OF
GOODS AND SERVICES DOCUMENTED IN THE DETAILED
REPORT OF OPEN PURCHASE ORDERS FROM MARCH 19,
2005 THROUGH APRIL 1,2005 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, 3301 EAST TAMIAMI TRAIL, 2ND
FLOOR, W. HARMON TURNER BUILDING, NAPLES,
FLORIDA
Item #16K1
AN OFFER OF JUDGEMENT IN THE AMOUNT OF $1000.00 AS
TO PARCEL 135 IN THE LAWSUIT STYLED COLLIER COUNTY
V. EDWARD aLAR, TRUSTEE, ET AL., CASE NO. 96-1314-CA,
RATTLESNAKE HAMMOCK ROAD FOUR-LANING (PROJECT
NO. 65021) FISCAL IMPACT: $900.00
Item #16K2
RESOLUTION 2005-170: AUTHORIZING THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO
ISSUE REVENUE BONDS TO BE USED TO FINANCE WATER
AND WASTEWATER UTILITY FACILITIES FOR THE AVE
MARIA UTILITY COMPANY
Item #16K3
Page 281
April 26, 2005
FOR THE BOARD OF COUNTY COMMISSIONERS TO (1)
EXECUTE AN AGREEMENT BETWEEN THE DEPARTMENT
OF COMMUNITY AFFAIRS AND THE BOARD OF COUNTY
COMMISSIONERS WHICH WOULD HAVE THE EFFECT OF
ALLOWING VARIATIONS FOR PLANTATION ISLAND
(UNRECORDED) SUBDIVISION, UNITS ONE, TWO AND
THREE FROM THE BIG CYPRESS AREA OF CRITICAL STATE
CONCERN REGULATIONS AS IMPLEMENTED BY COLLIER
COUNTY THROUGH ITS GROWTH MANAGEMENT PLAN
AND LAND DEVELOPMENT CODE AND (2) DIRECT THAT
THE DEFINITION OF THE TERM "VARIANCE" IN THE LAND
DEVELOPMENT CODE BE AMENDED TO INCLUDE
VARIATIONS FROM THE BIG CYPRESS AREA OF CRITICAL
STATE CONCERN REGULATIONS AS IMPLEMENTED BY
THE LAND DEVELOPMENT CODE - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16K4
AUTHORIZE THE EMPLOYMENT OF A LAND USE
ATTORNEY AND LEGAL SECRETARY TO BE DEDICATED
TO COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES ISSUES AND APPROVE THE NECESSARY
BUDGET AMENDMENTS
Item #17 A - Moved to Item #7B
Item #17B
RESOLUTION 2005-171: CU-2004-AR-6090, COLLIER
COUNTY PUBLIC UTILITIES REPRESENTED BY BRIAN
NELSON, ASLA OF AGNOLI, BARBER AND BRUNDAGE,
Page 282
April 26, 2005
INC., REQUESTING A CONDITIONAL USE PURSUANT TO
SECTION 2.01.13.G.1 OF THE LAND DEVELOPMENT CODE
FOR "ESSENTIAL SERVICES," MORE PARTICULARLY
IDENTIFIED AS A "MASTER PUMP STATION" IN THE
ESTATES ZONING DISTRICT. THE PROPERTY IS LOCATED
SOUTH OF IMMOKALEE ROAD, LESS THAN 1/2 MILE WEST
OF WILSON BOULEVARD ON TRACT 84, UNIT 20, GOLDEN
GATE ESTATES, IN SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, CONSISTING OF 1.65 ACRES - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #17C
ORDINANCE 2005-19: PUDZ-2004-AR-6383, WILLIAM L.
HOOVER, MANAGER CATALINA PLAZA, LLC,
REPRESENTED BY WILLIAM L. HOOVER, HOOVER
PLANNING & DEVELOPMENT, INC. AND RICHARD D.
YOV ANOVICH, GOODLETTE, COLEMAN, & JOHNSON, P.A.,
REQUESTING A REZONE FROM RURAL AGRICULTURAL (A)
TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
FOR A PROJECT KNOWN AS THE CAROLINA PLAZA MIXED
USE PUD TO ALLOW A MAXIMUM OF 64 DWELLING UNITS
AND 150,000 SQUARE FEET OF RETAIL SPACE AND OFFICE
SPACE. THE SUBJECT PROPERTY, CONSISTING OF 15.88 +/-
ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT
BEACH ROAD, APPROXIMATELY 'i4 MILE WEST OF
COLLIER BOULEVARD, IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - AS
DETAILED IN THE EXECUTIVE SUMMARY
Page 283
April 26, 2005
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:59 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, Cli uman
ATTEST:
DWIq~J',E. BROCK, CLERK
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Th'e's'&miriutes approved by the Board on 5-d-t}-OS
presented V or as corrected
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, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 284