BCC Minutes 09/13/2005 R
September 13,2005
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 13, 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
September 13,2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK
TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER
"PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
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September 13, 2005
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE
IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Joe Moffatt, St. Ann Catholic 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. June 28, 2005 - BCC/Closed Session Item l2B
C. July 8, 2005 - BCC/Hurricane Dennis Emergency Meeting
D. July 26, 2005 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS)
A. Advisory Committee Service Awards
1) Advisory Committee Service Awards
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September 13, 2005
4. PROCLAMATIONS
A. Proclamation designating the week of September 19-23, 2005 as Industry
Appreciation Week.
B. Proclamation designating September 13,2005, as Drowning Impact
Awareness Day. To be accepted by Mary Beth Baxter, Aquatics Director,
YMCA of Naples; Mandy Carpenter, Swim Instructor, YMCA of Naples;
Fran Deeks, Swim Instructor, YMCA of Naples; Commissioner "JA"
Rautio, North Naples Fire Control and Rescue District; Laura Pacter,
P.E.O., North Naples Fire Control and Rescue District; and Dottie
Murray-Weiner, Director of Aquatics and Lead Swim Instructor, YMCA
of Marco Island.
C. Proclamation designating September 18 - 24, 2005, as National
Rehabilitation Week. To be accepted by Heather Baker, Director of
Rehabilitative Services, Naples Community Hospital.
5. PRESENTATIONS
A. Presentation by Senator Burt Saunders recognizing the contributions of
Ann Olesky to the restoration of Lake Trafford.
B. Presentation of the August 2005 Advisory Committee Outstanding
Member Award to Stephen A. Harrison, County Government Productivity
Committee.
C. Presentation of the September 2005 Advisory Committee Outstanding
Member Award to Walter R. Jaskiewicz, Collier County Citizens Corps.
D. Presentation to the Board of County Commissioners of rendering of the
Freedom Memorial. To be presented by Jerry LaDue.
6. PUBLIC PETITIONS
A. Public Petition Request by Mr. Andrew S. Evva, President, The American
Foundation for Hungarian Youth and Culture, to discuss the Placement of
a Sculpture Commemorating the 50th Anniversary of Hungary's 1956
Revolt.
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September 13, 2005
B. Public Petition request by James Bryant to discuss traffic light timing in
Collier County.
C. Public Petition request by Matthew Nolton to discuss fence permit and
code violation.
D. Public Petition request by John Gursoy to discuss Gulf Coast Skimmers
Lease Termination.
Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participats be sworn in and ex parte
disclosure be provided by Commission members. ADA-2005-AR-
7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other
affected property owners requesting an appeal to Official Interpretation
INTP-2005-AR-7442 related to an internal official interpretation
regarding the definition and operative provisions of certain LDC terms
pertaining to "Boat Canopies.
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2004-AR-6449:
Ashley Doctors, property owner, represented by Richard D. Yovanovich,
Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a variance
for a 4.98-foot encroachment into the 20-foot required rear setback for a
swimming pool and screen enclosure leaving a 15.02-foot rear yard on a
waterfront lot. The subject property is located at 149 Flamingo Avenue, in
the Conners Vanderbilt Beach Estates Subdivision, Unit 3, Lot 25, in
Section 29, Township 48 South, Range 25 East, Naples, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-2003-AR-
4965 Crystal Lake POA Two, Inc., represented by Terry Kepple of
Kepple Engineering, requesting a Planned Unit Development Amendment
to revise the maximum area for a Park Trailer from 500 to 1,000 square
feet; provide for construction of a fence on top of the berm located along
Collier Boulevard; and minor clean-up items in the PUD language such as
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September 13, 2005
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change in owner, and preparer. The subject property is 168.8 acres located
at 14960 Collier Boulevard in Section 26, Township 48 South, Range 26
East.
B. This item was continued from the July 26. 2005 BCC meetine;. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDZ-A-2004-AR-5998:
Collier County Board of County Commissioners, represented by Coastal
Engineering Consultants, Inc., requesting a rezone from Planned Unit
Development (PUD) to Community Facilities Planned Unit Development
(CFPUD) for a project previously known as the Bembridge PUD, to
change the name to the Bembridge Emergency Service Complex PUD, by
amending the previously approved PUD Document and Master Plan to
show a change in use from residential development and a church or a
nursing home, to allow development of various public and community
facilities to include an Emergency Management Operations Center and
other government facilities, and to allow for an existing elementary school
and possible expansion of the existing school and possible construction of
additional educational plants (schools). The project consists of 39.82 acres
and is located on Santa Barbara Boulevard, north of Davis Boulevard (SR
84), in Section 4, Township 50 South, Range 26 East, Collier County,
Florida. (This item Companion to Item 10H)
C. This item to be heard at 11 :00 a.m. A request that the Collier County
Board of County Commissioners (Board) adopt an ordinance amending
Ordinance No. 04-41, as amended, the Collier County Land Development
Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized
by the Board for the following purposes. Amendment of Section 2.03.07
Overlay Zoning Districts adds implementing provisions for three (3) new
Transfer of Development Rights (TDR) Bonuses outlined in the Growth
Management Plan (GMP) amendment CP-2004-4. Amendment of Section
2.03.08 is required to implement the "glitch" amendment CPSP-2003-11
to the GMP, as well as, further implementing the TDR Bonus Credits and
Rural Village Standards as adopted in the GMP. Amendment of Section
10.02.13 Planned Unit Development (PUD) Procedures to add provisions
for PUD expiration and retirement of excess numbers of dwelling units.
9. BOARD OF COUNTY COMMISSIONERS
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September 13, 2005
A. Appointment of member to the Forest Lakes Roadway and Drainage
Advisory Committee.
B. Appointment of members to the Collier County Airport Authority.
C. Appointment of member to the Land Acquisition Advisory Committee.
D. Appointment of members to the Lely Golf Estates Beautification
Advisory Committee.
E. Appointment of members to the Emergency Medical Services Advisory
Committee.
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve an Agreement for Sale and Purchase with
The District School Board of Collier County, Florida for 65 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $2,134,500. (Joseph K. Schmitt, Community Development and
Environmental Services Administrator)
B. Recommendation to adopt a Resolution authorizing the acquisition by
Condemnation or purchase of non-exclusive perpetual utility, utility and
access easements, and temporary construction easements for the
construction of water transmission mains for the Collier Boulevard Water
Main Project from Davis Boulevard south to U.S. 41, Project Numbers
70151 and 70152, at a cost not to exceed $1,659,112. (Jim DeLony,
Administrator, Public Utilities)
C. Recommendation to assess the overall effectiveness and community value
of the Environmental Advisory Council (EAC) and provide direction with
regards to attendance, functions and future role as the Countys
environmental advisory board.(Joseph K. Schmitt, Administrator,
Community Development and Environmental Services Division)
D. Board to consider redistricting of the County Commission District
boundaries and, if so directed, to approve criteria for establishing those
boundaries. (Joseph K. Schmitt, Administrator, Community Development
and Environmental Services Division)
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September 13, 2005
E. Recommendation to terminate for cause the Lease Agreement between
Collier County and Gulf Coast Skimmers Water Ski Show, Inc. (Marla
Ramsey, Administrator, Public Services)
F. Recommendation to approve a Cooperating Technical Partners
Partnership Agreement between Collier County, the City of Naples, the
South Florida Water Management District (SFWMD), and Region IV,
Federal Emergency Management Agency (FEMA) to formalize an
agreement to work together to create and maintain accurate, up-to-date
flood hazard data for the City of Naples and unincorporated Collier
County. (Joseph K. Schmitt, Administrator, Community Development and
Environmental Services Division)
G. Recommendation to approve an addendum to the Lely Cultural Center
Settlement Agreement in support of the Emergency Service Complex,
Project 52160. (Companion to Items 8B and 10H) (Len Price,
Administrator, Administrative Services)
H. Recommendation to approve a $91,750.00 change to contract #03-3448,
Professional Architectural and Design Services for Collier County
Emergency Services Complex, with Harvard Jolly to site adapt the project
to the Lely site. (This item Companion to Item 8B) (Len Price,
Administrator, Administrative Services)
I. Discussion of possible solutions to resolve a code violation against
Wesley Ceeley for clearing land on Richards Street without proper
permits. (Norman Feder, Administrator, Transportation Services)
J. Recommendation to award bid number 05-3866 to Douglas N. Higgins,
Inc. in the amount of$1,114,560.00 and allocate an additional
$111,440.00 in contingencies for construction of the US 41 Water Main
from Collier Boulevard (CR 951) to Manatee Road, and to approve the
necessary budget amendment, Project 70153. (Jim DeLony,
Administrator, Public Utilities)
K. Recommendation to approve the purchase of Right-of-Way Parcel No.
146, Temporary Construction Easement Parcel No. 746 and Perpetual,
Non-exclusive Drainage Easement Parcel No. 846 which are required for
the expansion of Collier Boulevard project 65061. Total fiscal impact:
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September 13, 2005
$1,363,392. (Norman Feder, Administrator, Transportation Services)
L. Recommendation to award a construction contract to John Carlo, Inc., for
Rattlesnake Hammock Road Six-Lane Improvements, Bid No. 05-3876;
Project No. 60169, CIE No. 37 in the amount of$23,298,102.25.
(Norman Feder, Administrator, Transportation Services)
M. Recommend Approval of City/County Beach Renourishment Program,
approve the 10-year Beach/Inlet funding plan and award bid #05-3854 to
Great Lakes Dredging and Dock (GLDD) in the amount of$18,476,312.
(Jack Wert, Director, Tourism Department)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation Pursuant to Collier County Resolution No. 95-632 that
the Board of County Commissioners Consider and Approve Provision of
Legal Defense and Payment of Legal Expense of Fred W. Coyle and
James V. Mudd, a Commissioner and County Employee, Respectively,
Named Individually as Defendants in the Complaint Styled William S.
Litsinger v. Collier County Board of Commissioners, Fred W. Coyle,
Individually, and James V. Mudd, Individually, Case No. 2:05-cv-404-
FtM-33DNF in the United States District Court for the Middle District of
Florida, Fort Myers Division, and Waive the Purchasing Policy to the
Extent it May Apply to the Selection of Outside Counsel and/or
Otherwise Exempt the Selection of Outside Counsel From Competition
Pursuant to VII.G. of the Purchasing Policy.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to
be routine and action will be taken by one motion without separate
discussion of each item. If discussion is desired by a member of the Board,
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September 13, 2005
that item(s) will be removed from the Consent Agenda and considered
separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES
1) Recommendation to approve final acceptance of water utility
facilities for Whipporwill Lane Road Improvements.
2) Recommendation to approve for recording the final plat of Trail
Ridge, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
3) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Islandwa1k Phase
Six. The roadway and drainage improvements will be privately
maintained.
4) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Islandwalk Phase
Seven. The roadway and drainage improvements will be privately
maintained.
5) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Escada at Tiburon.
The roadway and drainage improvements will be privately
maintained.
6) Recommendation to approve for recording the final plat of
Prestwick Place, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
7) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Grey Oaks Unit
Fifteen. The roadway and drainage improvements will be privately
maintained.
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September 13, 2005
8) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Islandwa1k Phase
Three. The roadway and drainage improvements will be privately
maintained.
9) Recommendation to Approve Final Acceptance Of Sewer Utility
Facilities For Grey Oaks Unit 14.
10) Recommendation to approve final acceptance of water and sewer
utility facilities for Ibis Cove, Phase 2-C.
11) Recommendation to approve final acceptance of water and sewer
utility facilities for Escada at Tiburon.
12) Recommendation to approve final acceptance of water and sewer
utility facilities for Terracina at the Vineyards.
13) Recommendation to approve final acceptance of water utility
facilities for Tiburon Golf Course Maintenance Facility.
14) Recommendation to approve for recording the final plat of Fiddlers
Creek Phase Four, Unit Two, approval of the standard form
Construction and Maintenance Agreement and approval of the
amount of the performance security.
15) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Mallards Landing
at Fiddlers Creek. The roadway and drainage improvements will be
privately maintained.
16) Recommendation to approve an exception to the sidewalk
requirements in the Glen Eden on the Bay PUD and accept a
payment in lieu of the sidewalk installation.
17) Recommendation to approve an Agreement for Sale and Purchase
with Ross W. McIntosh, as Trustee, for 4.95 acres under the
Conservation Collier Land Acquisition Program, and 1.826 acres
for Transportation Right-of-Way, at a cost not to exceed $844,000.
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September 13, 2005
18) Recommendation to approve final acceptance of water and sewer
utility facilities for Clermont at Pelican Marsh, Phase Two.
19) Recommendation to approve final acceptance of water and sewer
utility facilities for Clermont at Pelican Marsh.
20) Recommendation to approve final acceptance of water and sewer
utility facilities for Fiddlers Creek, Phase 2-A, Unit 2.
21) Recommendation to approve final acceptance of water and sewer
utility facilities for Fiddlers Creek at Deer Crossing.
22) Recommendation to approve final acceptance of water and sewer
utility facilities for Isla Del Sol at Fiddler's Creek.
23) Recommendation to approve final acceptance of water and sewer
utility facilities for Fiddlers Creek at Mallards Landing.
24) Recommendation to approve for recording the final plat of Valencia
Lakes Phase 6-A, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
25) Recommendation to approve for recording the final plat of Valencia
Lakes Phase 7- B, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
26) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Olde Cypress, Unit
Two. The roadway and drainage improvements will be privately
maintained.
27) Recommendation to approve for recording the final plat of Orange
Blossom Ranch Phase lA, approval of the standard form
Construction and Maintenance Agreement and approval of the
amount of the performance security.
28) Recommendation to approve for recording the final plat of
Reflection Lakes at Naples Phase 1C, approval of the standard form
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September 13, 2005
Construction and Maintenance Agreement and approval of the
amount of the performance security.
29) Recommendation to approve an Intergovernmental Inspection
Agreement between Collier County and the Ave Maria Stewardship
Community District.
30) Recommendation to authorize the the County Manager, or his
designee, to submit a grant proposal to the Florida Department of
Environmental Protection Bureau of Invasive Plant Management
(BIPM) for contractor services to remove invasive exotic
vegetation within Conservation Collier property adjacent to
Rookery Bay National Estuarine Research Reserve (NERR).
31) Recommendation to approve the Release and Satisfactions of Lien
for payments received for the following Code Enforcement actions;
Pastoor Properties of Collier County, LLC, CEB 2005-15; John Lee
Arnold & Dean A. Arnold Trustees, CEB 2005-14; Martin & Holly
Walsh, CEB 2004-33; Gopal Motwani, CEB 2003-34; Manuel &
Miriam Rosa, CEB 2003-19; Nancy Mills, Mary Maxwell &
Vanessa M. Uzupes, Resolution 96-520,2002-195,92-23,96-169,
95406; H. Javier & Sherry L. Castano, Resolution 2002-171; GJ
Byrne, Resolution 96-244 & 99-19; Lawrence K. Joyce Est.,
Wallace L. Joyce, H. Lawrence, John J. Hubbard, Barbara J.
Larson, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce &
Richard Berman, Resolution 2001-323,2002-173,2003-285,96-
321,99-102,2002-447,91-490, ; Silas Bacon, Resolution 94-195,
91-401; Silas Bacon, Jr., Resolution 2002-67; Perseco Corporation,
Empire Development of Southwest Florida, LLC, & KKCM Group,
LLC, Resolution 2004-130; Capitolis Auslandische, Resolution 96-
49; Horse Creek Partners L TD, Resolution 2002-175.
32) Recommendation to approve Resolutions and Legal Notice(s) of
Assessment of Lien against those properties in violation of
Ordinance 99-51 for the direct costs incurred by Collier County for
the abatement of certain nuisances.
33) Recommendation to approve for recording the final plat of Verona
Pointe, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
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September 13, 2005
performance security
34) Recommendation to reconsider the Conservation Collier Active
Acquisition List regarding the Winchester Head project and to
discontinue buying property in the Winchester Head project for 90
days.
35) Recommendation that the Board of County Commissioners approve
award of contract 05-3801 Consulting Services for Preparation of a
Revised Immokalee Area Master Plan and Rural LDC (Land
Development Code) (Companion to Community Redevelopment
Agency (CRA) approval of contract under 16 G 1)
36) Recommendation to approve Collier Countys Community
Development Block Grant (CDBG), HOME Investment Partnership
(HOME) and Emergency Shelter Grant (ESG) Consolidated Annual
Performance and Evaluation Report (CAPER) for Fiscal Year
2004-2005 as required by the U.S. Department of Housing and
Urban Development (HUD), and authorize the Chairman of the
Board of County Commissioners to certify the CAPER for
submission to HUD.
37) Recommendation to approve for recording the final plat of
Reflection Lakes at Naples Phase 1D, approval of the standard form
Construction and Maintenance Agreement and approval of the
amount of the performance security.
38) Recommendation to approve for recording the final plat of Fiddlers
Creek Phase 3, Unit Four, approval of the standard form
Construction and Maintenance Agreement and approval of the
amount of the performance security.
39) Recommendation that the Board of County Commissioners of
Collier County, Florida approve an agreement between Collier
County and the Economic Development Council of Collier County
(EDC) for continuation of the Economic Diversification Program
by providing a contribution to the EDC of up to $400,000 for Fiscal
Year 2006, and authorizing the Chairman of the Board of County
Commissioners to sign the agreement on behalf of Collier County
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September 13, 2005
40) Recommendation to approve two Budget Amendments transferring
funds from the Affordable Housing Trust Fund to the Marco
Affordable Housing Fund for the purpose of separating SHIP Funds
and Inter-local Agreement Funds; recognizing additional carry-
forward in the Affordable Housing Trust Fund; and recognizing FY
05 Affordable Housing revenue within Fund.
B. TRANSPORTATION SERVICES
1) Recommendation to approve the installation and operation of a
traffic signal at the intersection of Airport Pulling Road and Estuary
Drive, at an annual maintenance cost of approximately $3,500.
2) Recommendation to authorize submittal of County Incentive Grant
(CIGP) applications for 1.) Interstate 75/ Immokalee Road
interchange improvement construction ($7 million); 2.)
Reimbursement for 50% of local funding used to advance SR 82
PD&E Study ($500,000); and 3.) Santa Barbara six-laning
construction funding (maximum 35% match for non-State
highways) for the segment between Golden Gate Parkway and
Davis Boulevard. ($13.6 million)
3) Recommendation to award Bid #05-3796, Traffic Sign Materials
and Related Items to multiple vendors on a category basis.
($150,000)
4) Recommendation to award Bid #05-3860, Installation and
Maintenance of Roadway Lighting, Fixed Term Contract, to Kent
Technologies, Inc. ($191,200)
5) Recommendation to award Bid #05-3858 Installation and
Maintenance of Traffic Signals, to Kent Technologies, Inc. and
Mid-Continent Electric, Inc. ($162,800)
6) Recommendation to award Bid #05-3844, US 41 North Roadway
Lighting from Pine Ridge Road to Myrtle Road, to Kent
Technologies, Inc. Project 60007 ($462,131.79).
7) Recommendation to approve the purchase of Parcel Nos. 131, 531,
731, 931, 132, 732, 133A, 133B and 733 required for the
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September 13, 2005
construction of the six-laning of Collier Boulevard (CR 951) from
Golden Gate Boulevard to Immokalee Road. (Project No. 65061,
Capital Improvement Element No. 37). Fiscal Impact: $975,916.59.
8) Recommendation to approve the Agreement for Haldeman Creek
Disposal with Lakeview Drive of Naples, LCC, a Florida Limited
Company.
9) Recommendation to approve three Drainage Easement and
Maintenance Agreements between Roberto Bollt, Trustee, Valencia
Lakes at Orangetree Homeowners Association, Inc., and Collier
County, for the purpose of assigning maintenance responsibilities
among the parties.
10) Recommendation to approve an Agreement for Replacement of
Access and Parking associated with the sixlaning of Collier
Boulevard (CR 951) from Golden Gate Boulevard to Immokalee
Road. (Project No. 65061, Capital Improvement Element No. 37).
Fiscal Impact: $5,000.00
11) Recommendation for BCC approval ofFY 2005/06 MPO
Operating Budget amendment, to re-allocate $90,000 from staff
salary and related expenses to consultant services.
c. PUBLIC UTILITIES
1) Recommendation to convey a Utility Easement and an Access
Easement to the Water-Sewer District for ten public water supply
well sites, associated pipelines, and access on property owned by
Collier County within the Henderson Creek Canal corridor at an
estimated cost not to exceed $185.00, Project 708921.
2) Recommendation to convey a Utility and Access Easement to the
Water-Sewer District for the construction and maintenance of water
transmission mains on property owned by Collier County within the
Henderson Creek Canal corridor at an estimated cost not to exceed
$153.00, Projects 701511 and 701521.
3) Recommendation that the Board of County Commissioners, Ex-
Officio the Governing Board of the Collier County Water-Sewer
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September 13, 2005
District, terminate the Grand Bay Condominium Inc. Customer
Billing Agreement, and authorize the County Manager or his
designee, to provide ninety (90) days written notice of the
termination.
4) Recommendation that the Board of County Commissioners, Ex-
Officio the Governing Board of the Collier County Water-Sewer
District, terminate the Cocobay Condominium Inc. Customer
Billing Agreement, and authorize the County Manager or his
designee, to provide a required ninety (90) day written notice of the
termination.
5) Approval of a Third Amendment to Lease Agreement with the City
Of Naples Airport Authority to extend the Lease term for the
Naples Transfer Station Property at a first year annual rent of
$39,556.
6) Recommendation to apply to the Florida Department of
Environmental Protection for a 2006 Section 319 Grant towards the
Holistic Approach to the Reduction of Non-Point Source Pollution
in the amount of $116,000.
7) Recommend approval of shortlisted firm and award of contract to
de la Parte & Gilbert, P.A. for RFP #05-3792 Fixed Term Utility
Specialized Legal Services in the estimated annual amount of
$200,000.
8) Recommendation to approve funds not to exceed $2,500.00 for a
public event to commemorate the final completion and
commissioning of the South County Water Reclamation Facility
l6-MGD Expansion Project, Project 73949.
9) Recommendation to approve the after-the-fact submittal of the
attached Alternative Water Supply grant application under Senate
Bill 444 to the South Florida Water Management District for each
project in Public Utilities Engineering Divisions Construction
Capital Alternative Water Supply Program.
10) Recommendation to approve a Budget Amendment to transfer
funds in the amount of $349,000 to cover unanticipated personal
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September 13, 2005
service and operating expenses incurred by six Wastewater
Department Cost Centers. ($299,000 from the Collier County
Water-Sewer District Operating Fund (408) Reserves for
Contingencies, and $50,000 from the Personal Services Budgets of
the North County Water Reclamation Facility and the South County
Water Reclamation Facility).
11) Recommendation to approve Budget Amendment to transfer funds
in the amount of$50,000 from Project 725061, North County
Water Reclamation Facility (NCWRF), Renew Sludge Pump
Rooms and $50,000.00 from Project 725112, NCWRF Repair and
Replacement (R&R) Oxidation Ditch to a new Project 739661,
NCWRF Bleach System Reliability Upgrades.
D. PUBLIC SERVICES
1) Recommendation to authorize the Chairman to sign the Grant
Agreement for Collier County Library Public Library Construction
Project Number 06-PLC-04, permitting the Collier County Public
Library to receive $500,000 awarded by Grant to enlarge the
Golden Gate Branch Library.
2) Recommendation to accept donated funds in the amount of$52.04
and approve a budget amendment recognizing the revenue and
appropriating funds for East Naples Community Park.
3) Recommendation to accept the Library Long Range and
Technology Plans and the current year Action Plan and authorize
the Chairman to sign the FY 2005-2006 State Aid to Libraries
Grant Application permitting the Collier County Public Library to
apply for State Aid to Libraries.
4) Recommendation to approve a budget amendment recognizing
$35,000 in revenue from the sale of fuel and merchandise at
Caxambas Park and appropriating funds for purchase of additional
merchandise for resale
5) Recommendation to award bid #05-3856 for printing of the
Recreation Guide to Sunbelt, Inc. at an estimated cost of $50,000
Page 17
September 13, 2005
6) Recommendation to award Bid No. 05-3863 Golden Gate Park
Maintenance Building to Bradanna, Inc. in the amount of $319,600
7) Recommendation to accept donated funds in the amount of
$2,545.69 and approve a budget amendment recognizing the
revenue and appropriating funds for Vineyards Community Park.
8) Recommendation to authorize purchase of park maintenance
equipment in the amount of $281 ,925.24 from Wesco Turf Supply,
Inc. and Disbrow Enterprises, Inc.
9) Recommendation to accept a donation in the amount of $3,833.52
from the Veterans Council of Collier County, Inc. and establish a
separate trust fund to account for all donations and expenses
associated with the Freedom Memorial project
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve and execute a Lease Agreement with
State Representative Mike Davis for use of office space at the
Government Center for $10 annually.
2) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts
3) Recommendation to approve an addendum to the existing Sprint
regulated services master agreement (initial estimated annual value
$51,900).
F. COUNTY MANAGER
1) Summary of Consent and Emergency Agenda Items approved by
the County Manager during the Board's scheduled recess. Per
Resolution Number 2000-149, "Approval of this Agreement by the
County Manager is subject to formal ratification by the Board of
County Commissioners. If the decision by the County Manager is
not ratified by that Board, this Agreement shall be enforceable
against Collier County only to the extent authorized by law in the
absence of such ratification of that Board." (20 items)
Page 18
September 13, 2005
2) Recommendation to approve First Amendment to the 2004/2005
Tourism Agreement Between Collier County and the City of
Naples Extending Agreement to September 30,2006 for the Naples
Preserve Project for $50,000.
3) Recommendation to approve an Agreement between the Florida
Department of Community Affairs and Collier County accepting
$8,113 for the preparation of Hazards Analysis Reports for
facilities storing extremely hazardous substances within the County
and approve the Budget Amendment necessary to recognize and
appropriate $8,113 as revenue.
4) Recommendation to approve and execute License Agreements with
Wal-Mart Stores, Inc., for use of its four Naples store' parking lots
for distribution of disaster relief supplies to the public.
5) Recommendation to Approve Resolution Requesting that the
Trustees of the Internal Improvement Fund Establish an Erosion
Control Line on the Gulf of Mexico Shoreline along Pelican Bay
and Northern Park Shore; Setting Forth Findings; and Providing for
an Effective Date
6) Recommendation to approve an Agreement between Collier County
and the City of Marco Island to provide fire protection and rescue
services to the unincorporated area of the County known as
Goodland at an annual cost of $1 02,415.
7) Authorize the Chairman to sign an Interlocal Agreement with the
Southwest Florida Workforce Development Board for continuation
of the Southwest Florida Job Training Consortium.
8) Recommendation to approve and transmit Senate Bill 444 Glitch
Amendments as provided by Collier County government staff to the
Collier County Legislative Delegation, the Florida Senate
Committee on Community Affairs and the Florida House
Committee on Growth Management, and the Florida Association of
Counties.
9) Recommendation to approve an application for the 2005
Emergency Notification Grant Program offered by Dialogic
Page 19
September 13, 2005
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Communications Corporation.
10) Recommendation to approve Tigertail Beach Boardwalk Category
A Grant Application Amendment and Expenditure of$158,800.00
11) Recommendation to approve an Agreement between Collier County
and Dr. Marta U. Coburn, M.D., District Twenty Medical Examiner
dba District Twenty Medical Examiner, Inc. to provide medical
examiner services for Fiscal Year 2006 at a cost of $831 ,520.
12) Recommend Approval of an Inlet Management Policy and Funding
Guidelines for Category A Tourist Development Taxes.
13) Recommendation to approve two (2) Contractual Service
Agreements between Collier County and the East Naples and
Golden Gate Fire & Rescue Districts to provide fire protection and
rescue services within the Collier County Fire Control District at a
cost of$213,400.
14) Recommendation to approve and execute a License Agreement
with Wal-Mart Stores, Inc. for County employee parking.
15) That the Board of County Commissioners adopt a debt management
policy for Collier County Government.
16) Recommendation to approve Modification #1 to Homeland
Security Grant Agreement #05DS-2N-09-21-01-022 between
Collier County and the Florida Department of Community Affairs.
(time extension)
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community
Redevelopment Agency approve award of contract 05-3801
Consulting Services for Preparation of a Revised Immokalee Area
Master Plan and Rural LDC (Land Development Code)
(Companion to Board of County Commissioners approval of
contract under 16A 35)
Page 20
September 13, 2005
·'_~._n__
2) Recommend the Board approve that Fleet Management Dispose of
a 1988 Plymouth Reliant LE four-door sedan owned by the Collier
County Airport Authority.
3) Recommendation to approve the surplus sale bid S05-3620R of the
Collier County Airport Authoritys County owned Cessna 182
Aircraft to the highest bidder, Rex Air LLC of Naples, for the
amount of $87,500.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Immokalee Chamber of Commerce
BBQ Dinner on October 1, 2005 and is requesting reimbursement
in the amount of$25.00, to be paid from his travel budget.
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose: to attend the
NAACP Freedom Fund Banquet on October 15,2005 in the
amount of $55.00, to be paid from Commissioner Coletta's travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Approve a budget amendment transferring $300,000 from reserves
to the Sheriffs in lieu of transfer account. (Facility expenses)
2) Request approval for the purchase of a 24 passenger secured
confinement prisoner transport vehicle for the Sheriffs Office from
available impact fee funds in the amount of $83,320.
K. COUNTY ATTORNEY
Page 21
September 13, 2005
o"",~_.._.._."..__"~_... .
1) Recommendation to Approve an Agreed Order for Payment of
Expert Fees in Connection with Parcel 111 in the Lawsuit Styled
Collier County v. Norma E. Banas, et aI., Case No. 02-5137-CA
(Immokalee Road Project #60018). (Fiscal Impact: $11,000.00)
2) Recommendation to Approve a Release of Temporary Driveway
Restoration Easements for Parcels 703A and 703B in the Pine
Ridge Road Improvement Project #60 Ill. (Fiscal Impact: $27.00)
3) Recommendation to Approve an Agreed Order for Payment of
Expert Fees in Connection with Parcel 187 in the Lawsuit Styled
Collier County v. Patrick J. Murphy, et aI., Case No. 03-5270-CA
(Vanderbilt Beach Road Project #63051). (Fiscal Impact:
$17,950.00)
4) Recommendation to Approve an Agreed Order for Payment of
Expert Fees in Connection with Parcel 134 in the Lawsuit Styled
Collier County v. Terry L. Lich1iter, et aI., Case No. 03-2273-CA
(Golden Gate Parkway Project #60027). (Fiscal Impact: $2,800.00)
5) Recommendation to approve an Agreed Recommended Order of
the General Master on Respondents' amended motion to tax expert
witness fees in the lawsuit styled CC v. Jeffrey Richardson, et aI.,
Case No. 02-2188CA (Immokalee Rd Project #60018). (Fiscal
Impact $6,700)
6) Recommendation to approve Agreed Order A warding Planning
Expert Fees & Costs in amount of$2,000 for Parcels 142, 742A,
742B, & 942 in the lawsuit styled CC v. Parkway Community
Church of God, Case No. 03-2374-CA (Golden Gate Pkwy Project
60027).
7) Recommendation to approve the Agreed Order A warding Planning
Expert Fees & Costs in the amount of$2,000 for Parcels 141, 841,
& 143 in the lawsuit styled Collier County v. Primera Iglesia
Cristiana Manantial De Vida, Inc., Case No. 03-2372-CA (Golden
Gate Parkway Project 60027).
8) Recommend that the Board Authorize the Extension of the Tax
Roll Before Completion of the Value Adjustment Board Hearings
Page 22
September 13, 2005
'"--.._-"_._"--"..-..---"'~'-.'...'~
Pursuant to Section 197.323, F.S., and Tax Collector's Request.
9) Recommendation to Approve a Mediated Settlement Agreement
and a Stipulated Final Judgment to be Drafted Incorporating the
Same Terms and Conditions as the Mediated Settlement Agreement
in the Amount of$750,000.00 for the Acquisition of Parcels 106
and 806 in the Lawsuit Styled Collier County v. Tree Plateau Co.,
Inc., et aI., Case No. 03-0519-CA (Immokalee Road Project
#60018) (Fiscal Impact: $335,575.00.)
10) Recommendation that the Board of County Commissioners
Approve the Stipulated Final Judgment Relative to the Acquisition
of Parcel 125 in the Lawsuit Styled Collier County v. G. Herbst, et
aI., Immokalee Road, Project #60018. (Fiscal Impact: $10,206.00)
11) Recommendation to Approve a Stipulated Final Judgment as to
Parcels 178A and 178B in the Amount of $258,000.00 in the
Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee
of the Land Trust Agreement dated 1/26/86, et aI., Case No. 02-
22 1 7-CA (Immokalee Road Project No. 60018). (Fiscal Impact:
$93,550.00)
12) Recommendation to approve the Mediated Settlement Agreement
in the amount of $115,000 for Respondent, Louise V. Taylor,
Trustee, Parcel No. 156 in the lawsuit styled Collier County v.
Andy Morgan, et aI., Case No. 02-5169-CA (Immokalee Rd Project
60018). (Fiscal Impact $45,246.20)
13) Request that the Board of County Commissioners Authorize Collier
County to Execute a "Partial Termination of Easement" and a
"Release of Easement Rights" that are of no use to the County or to
the Collier County Water-Sewer District, but encumber partnership
property to the East and Southeast.
14) Recommendation to award RFP 05-3847 to Marianne Kantor to
provide Attorney Special Magistrate services to the Collier County
Value Adjustment Board. Cost is anticipated not to exceed $5,000
per annual hearing session.
Page 23
September 13, 2005
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15) Recommendation to award RFP 05-3848 and approve contracts
with Stephen A. Cunningham, South Florida Services, Inc., Cecil L.
Neff & Associates, Inc., and Machinery Capital Assets to provide
Appraiser Special Magistrate services to the Collier County Value
Adjustment Board. Aggregate cost anticipated not to exceed
$15,000 per the 2005 V AB season.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE
COLLIER COUNTY PLANNING COMMISSION OR OTHER
AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND
VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM
RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING
COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON
WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO
THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN
NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. An ordinance which regulates and controls litter, weeds, and exotics
within the unincorporated area of Collier County.
B. To obtain Board of County Commissioner approval to repeal and replace
the Ordinance establishing the Code Enforcement Board and the Nuisance
Abatement Board.
C. Recommendation to adopt a Resolution revising the Collier County
Water-Sewer District Utilities Standards Manual.
D. Recommendation to approve the first amendment to the cable franchise
agreement that retroactively approves the renewal of a cable television
franchise for Marco Island Cable, Incorporated.
E. Recommendation to adopt resolutions approving the preliminary
assessment as the final assessment rolls and adopting same as the non-ad
valorem assessment rolls for purposes of utilizing the uniform method of
collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste
Page 24
September 13, 2005
Districts No. 1 and No.2, Municipal Service Benefit Units Special
Assessment levied against certain residential properties within the
unincorporated area of Collier County pursuant to Collier County
Ordinance 90-30, as amended. Revenues are anticipated to be
$14,051,400.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 25
September 13, 2005
September 13, 2005
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Thank you very much, Mr. Mudd.
Will you please all stand for the invocation by Father Joe Moffatt
of St. Ann Catholic Church.
FA THER MOPF A TT: Good morning, and thank you.
Blessed are you, Lord, God of mercy, who has given us the
commandment to care for our neighbors, send down your blessings on
these your servants, the commissioners of Collier County in Florida,
so generously -- who so generously devote themselves to helping
others.
When they are called upon by the citizens of this county, let me
faithfully serve you by serving their neighbor, elected officials
gathered together for the common good, for the health, help, and
welfare of the community.
It has been asked who, is my neighbor. And the story is told to
us, a man went down from Jerusalem to Jericho. He fell among
robbers who beat him, stripped him, left him at the side of the road
half dead.
A priest and a Levite passed by him and ignored him, but a
Samaritan passed by him, and moved with pity, he bandaged his
wounds and took care of him. Among these three, who was truly the
man's neighbor? The one who showed him mercy and cared for him.
Lord, by and through our work, help us to assist the members of
our community of Collier County. You want all people to share in the
blessings you have brought to us, help us to assist by our work those
in need so that the well-to-do and those in need are assisted by our
actions.
May the Lord who went about doing good always be with us.
We pray that the Lord will send his richest blessings on our Collier
County Commissioners who are devoted to helping their sisters and
brothers. May their work, their deliberations, and their actions always
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September 13, 2005
be geared to the common good of all.
Bless us, oh Lord, in all that we do. We ask all this through
Christ our Lord, amen.
CHAIRMAN COYLE: Please join us for the Pledge of
Allegiance.
(The Pledge of Allegiance was recited in unison.)
Item #2A
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
AND OR ADOPTED WITH CHANGES
CHAIRMAN COYLE: Thank you.
County Attorney, do you have any observations concerning our
agenda today?
MR. WEIGEL: It's a big one.
CHAIRMAN COYLE: Yes. Okay.
MR. WEIGEL: But that's it. I think Mr. Mudd has the change
sheet pretty well covered there. Thank you.
CHAIRMAN COYLE: All right, very well.
County Manager?
MR. MUDD: Mr. Chairman, Commissioners, the agenda
changes for the Board of County commissioners' meeting September
13, 2005, and I'm reading off of your change sheet.
Add item 4D, which is a proclamation to welcome those
displaced because of Hurricane Katrina to our community, and that's
at staffs request.
The next item is to withdraw item 6B, and that's a public petition
request by James Bryant to discuss traffic light timing in Collier
County, and that withdrawal was at the petitioner's request.
Item 7 A should have included in the title, this item requires that
all participants be sworn in and ex parte disclosure be provided by
Page 3
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September 13, 2005
commissioner members, and that's at staffs request.
Next item is item 8C, and it should read a request that the Collier
County Board of County Commissioners, the board, adopt an
Ordinance amending Ordinance number 04-41 as amended, rather
than what said Ordinance number 91-102, as amended, and that's at
staffs request.
The next item is item lOB. The date in the fourth paragraph of
the executive summary should read, April 30, 2006, rather than April
30, 2005.
Also note that there is a Route Selection Criteria Supplement
Report available to the public outside the board room in conjunction
with this project, and I believe that was delivered to the board
yesterday morning, okay . It was a rather small report.
Next item is item 16A 1. Note that the correct spelling in this
item is Whippoorwill, rather than Whipporwill; in other words, take an
o out (sic). That's at staffs request.
Next item, move item 16A35 to lOP. This item will be heard
after four p.m. It's a recommendation that the Board of County
Commissioners approve award contract 05-3801, Consulting Services
for preparation of a revised Immokalee area master plan and rural
Land Development Code, companion to the Community
Redevelopment Agency (CRA) approval of contract under 16G 1, and
that item was pulled at Commissioner Halas's request.
The next item is to move 16A40 to ION. It is a recommendation
to approve two budget amendments transferring funds from the
Affordable Housing Trust Fund to the Marco Affordable Housing
Fund for the purpose of separating SHIP funds and inter-local
agreement funds; recognizing additional carry-forward in the
Affordable Housing Trust Fund; and recognizing FY -'05 affordable
housing revenue within the fund, and this item is being pulled at
Commissioner Coletta's request.
The next item is 16C9. The line under consideration in the
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September 13, 2005
executive summary should read: The PUED has contracted -- that's
the public utilities division has contracted Camp Dresser & McKee,
Inc., CDM, to submit applications for 18, rather than the 17 that's
listed, of the county's projects under the alternative water supply
program, and just for the board's -- just to remind them, that was
Senate Bill 444 in that particular issue, and that's at staffs request.
The next item is to move item 16D9 to 10Q as a companion item
to item 5D, and that's a recommendation to accept a donation in the
amount of$3,833.52 from the Veterans Council of Collier County,
Inc., and establish a separate trust fund to account for all donations
and expenses associated with the Freedom Memorial project.
And, Commissioners, I would request that when this item comes
up under presentation 5D, when that particular display is presented to
the Board of County Commissioners, that we do this particular item.
There are people from the Veterans Council here to present the check
to you, and then we can get it over to Derek so he can take charge of
that particular item.
The next item is to move item 16E2 to lOR, and that's report and
ratify staff-approved change orders and changes to work towards to
board-approved contracts, and there are basically questions on item 4
and 11, and Commissioner Henning asked for this item to be pulled.
Next item is to move item 16FIK to lOS, and that's to provide
funding for restoration and exhibit development at the Naples Depot,
and that item was asked to be pulled by Commissioner Henning.
Next item is to move item 16F12 to 100, and that's to
recommend approval of an inlet management policy and funding
guidelines for category A tourist development taxes, and that item was
pulled at Commissioner Halas's request.
The next item is to move item 16G 1 to lOT. This item to be
heard after four p.m., and that's a companion item to the one that I just
read, which is 16A35, and this is -- and this is the CRA item. So this
item would come first after four, and then we would do the 16A35,
Page 5
September 13, 2005
because then that's the board item.
The next item is to continue item 17B to September 27, 2005,
BCC meeting, and that's to obtain the Board of County
Commissioner's approval to repeal and replace the Ordinance
establishing the Code Enforcement Board and the Nuisance
Abatement Board, and that's at staffs request.
I'd like to bring the board's attention to a number of items. We
have two time certain items today.
We have item 8C to be heard at 11 a.m., and that's a request that
the Collier County Board of County Commissioners adopt an
Ordinance amending Ordinance number 910192, as amended, the
Collier County Land Development Code to add the amendments of the
LDC special cycle 2-A authorized by the board for the following
purposes:
Amendment of section 2.03.07, overlay zoning district adds
implementing provisions for three new transfer of development rights,
TDR, bonuses, outlined in the growth management plan, which is the
GMP, amendment CP-2004-4.
Amendment of section 2.03.08 is required to implement the
glitch amendment CPSP-2003-11 to the growth management plan, as
well as further implementing the TDR bonus credits and rural village
standards as adopted in the GMP.
The next part is an amendment of section 10.02.13, planned unit
development procedures to add provisions for PUD expiration and
retirement of excess numbers of dwelling units.
While I just said the last piece, I call the last piece the ghost
provision to the PUDs. That item will not be heard today. You can
hear speakers on it, but the board won't deliberate on it. We had an
advertising glitch on this particular item, and we will hear that portion
by the board for action on the 27th of September.
The next item is item 10D to be heard at 10 a.m., and that's the
board to consider redistricting the county commission district
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September 13,2005
boundaries, and if so directed to approve criteria for establishing those
boundaries, and that item was -- time certain was asked for by
Commissioner Henning.
We have some good news items on this particular agenda, and
several commissioners have asked me to at least bring those out to
read them so that the public knows that they're good news items.
That's item 16F4, and that's a recommendation to approve and
execute license agreements with Wal-Mart Stores, Inc., for use of its
four Naples store parking lots for distribution of disaster relief
supplies to the public. And that particular -- those parking lots will be
used if we ever have a major hurricane.
Hope it never happens, but we have a place where we could bring
the ice and the water and the food, and they've basically said that we
could use their parking lots, and we will -- we will try to set up other
agreements with other larger stores so we can do the same. But that's
our first success in this particular arena.
The next item is item 16F9, and that's a recommendation to
approve an application for the 2005 Emergency Notification Grant
Program offered by Dialogic Communications Corporation, and
they're basically going to help us with our notification during
hurricanes. We basically do blast faxes and things like that to get the
information out to the public and to the news media as fast as we can.
They're going to help us in that particular arena.
And the last item is item 16F14, and that's a recommendation to
approve and execute a license agreement with Wal-Mart Stores, Inc.,
for county employee parking.
As you know, we're building a parking garage out in front. If
anyone wanted to know what it looked like when you came in, we're
building a parking garage that will do over 1,000 cars. In the
meantime, parking on its -- in the -- on the compound is difficult
around the construction project, but Wal-Mart, which is just out on 41
that connects to us, has basically said that they will let us use part of
Page 7
September 13,2005
their parking lot at really no cost to the county, so we appreciate their
offer, and hopefully the board will take it.
That's all I have, sir.
CHAIRMAN COYLE: Thank you very much, Mr. Mudd.
Do any of the commissioners have any further changes to the
agenda and/or ex parte disclosure pertaining summary agenda?
We'll begin with Commissioner Halas.
COMMISSIONER HALAS: Good morning, Chair. At this point
in time I don't have any changes to the agenda nor do I have any ex
parte on the summary agenda.
CHAIRMAN COYLE: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I have no
changes to the agenda; however, 16A40, which I previously pulled,
has to do with the funding from the SHIP fund from Marco Island's
share of it to the affordable housing effort. I still have some concerns
with the amount of money; however, my questions were answered and
I have no reason to pull at this time and would like it reinstated on the
consent agenda.
CHAIRMAN COYLE: Okay. Without objection, we will make
that change, Mr. Mudd.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: I have nothing to -- no ex parte, and
I have no corrections or additions.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Henning?
COMMISSIONER HENNING: I have no ex parte, Mr.
Chairman.
Item 16E2 to lOR, I want to put that back on the consent agenda.
My questions were answered. I just hope in the future that the change
orders will be written for even a lay person to understand.
Page 8
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September 13, 2005
There is one item I would like the board to discuss, and that's
16A2 (sic), and that's the agreement between the Board of
Commissioners and Ave Maria.
Mr. Chairman, the -- many of our items on today's agenda, and
here I'll talk about the consent agenda, states legal consideration. And
on this one, particularly on 16A39, it says, proposed agreement
complies with all applicable constitutional and general law and is
legally sufficient for the board to consider and approve, but when I go
to the recommendations or the approval sheet, I don't see anybody
from the county attorney.
So I'm concerned that we're allowing whoever signed off on this,
reviewed and signed off on it -- well, in this case Patrick White did,
but there are other examples. My concern is, without the county
attorney saying there is -- that he has reviewed it for legal sufficiency,
then we're allowing the county manager's staff to practice law.
I gave a list to the county attorney's office that we could not
discover any approvals from the county attorney's office and provided
it to them.
So if the county attorney's okay with the legal sufficiency on the
items that we're going to approve on the consent item, I don't have a
problem, as long as he can state that on the record.
CHAIRMAN COYLE: Let's find out.
MR. WEIGEL: Well, in regard to the preparation of the items in
the executive summaries and backup that appears in the agenda
package, we find two or three scenarios that are occurring. And I'd
like to kind of back through it, because as I indicated to Mr. Henning,
any document that is approved by the board that is to come before the
chairman for signature is reviewed by county attorney or assistant
county attorney and approved for legal sufficiency.
I think part of Mr. Henning's concern -- and not all documents
and matters that are approved as agenda items are matters that come
with a document for the chairman for signature.
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September 13, 2005
But the chairman had indicated some time ago that he wished for
legal considerations to be placed in the executive summaries to assist
the board to understand even better the kind of issues and the import
or the action taken, what it may provide if they do approve or don't
approve something.
And with the, call it the compression of getting matters ready and
into its published agenda, the county attorney does have the
opportunity on some items to have what's called a novice review, and
you'll see that a county attorney or assistant county attorney name will
appear as part of the reviewing party's executive summary being
placed in the agenda in some cases.
In other cases the county attorney is not seeing the executive
summary and mayor may not, usually has, seen a legal document that
may be required, such as a resolution or a contract, prior to it being
placed into the mechanism for published agenda; and, therefore, in
Mr. Henning's review, he notes that he cannot tell for sure on some
items that the county attorney has seen it ahead of time based upon the
documents that appear in the agenda.
And that's why I stated at the outset that ultimately the role of
county attorney on behalf of the client, the entire client, and
specifically Board of County Commissioners, is to assure you that that
which is approved by the board at a Tuesday board meeting is, in fact,
copacetic, it's legally sufficient, and is appropriate. And it's my role,
the office role, to speak up if there is something that is not.
But it is difficult and sometimes impossible for board members to
know ahead of time that, in fact, the county attorney has written,
because he has not, the legal consideration aspect of an executive
summary in many cases and! or know that the county attorney has
approved a resolution or an Ordinance, because that which is
appearing in the printed agenda often is a resolution that does not have
the signature of county attorney or assistant county attorney in the
legal sufficiency, to at least provide you that assurance in the backup
Page 10
'---"-."".,.. ^.~..~
September 13,2005
if there's no discussion on the legal considerations aspect of the
executive summary.
In other cases there are some executive summaries that don't have
a legal considerations block placed in there at all. And probably
among other things, it may be important to see if, in fact, in a
coordinated way, county manager staff and the board and the county
attorney mayor may not recognize, but we may recognize that a legal
considerations provision is not -- may not be as important in some
kinds of rather perfunctory executive summaries that bring thing over
as opposed to the -- I hate to qualify -- but the more dynamic and
important land use and significant contractual matters and things of
that nature. So I think, perhaps, we need to maybe work on that a bit.
CHAIRMAN COYLE: Yeah. I think this is something we do
need to address, and perhaps at another point in time would be good.
Commissioner Halas does -- does have a comment.
COMMISSIONER HALAS: Yeah, I believe any matters that
pertain to monies being in the transaction, I believe that these are also
highly scrutinized by the clerk of courts; am I correct on this?
MR. JOHNSSEN: Derek Johnssen. Yes, sir.
COMMISSIONER HALAS: So I think we have some areas that
we make sure that there is due diligence on a lot of the stuff that
comes before us, especially when it involves money and transactions
of this nature.
CHAIRMAN COYLE: Yeah. I think Commissioner Henning
has raised a good point, and I think we need to address it.
Commissioner Henning, can we do that at a future meeting?
COMMISSIONER HENNING: I hope it is addressed, because I
did bring it up to the county manager before on certain items.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: The -- when we make a motion
on today's agenda items, just if -- in the motion if we could state that
the county attorney office will review the consent items for legal
Page 11
--'--..-.-'.---...""'.«--'-- ~
September 13, 2005
sufficiency.
CHAIRMAN COYLE: Okay. And you wanted 16A2 pulled?
MR. MUDD: Sir, make a correct -- he did say 16A2. He said
Ave Maria. That's the wrong item, 16A29.
COMMISSIONER HENNING: Twenty-nine. I did write it
down. I didn't say it right.
MR. MUDD: And that would be IOU, as in uniform.
CHAIRMAN COYLE: IOU. And 16E2 is not going to be
pulled, right?
MR. MUDD: That's right.
CHAIRMAN COYLE: Okay. And--
COMMISSIONER FIALA: 16A40 is not going to be pulled?
CHAIRMAN COYLE: And 16A40 is not going to be pulled,
that's right.
And I have no ex parte disclosures for the summary agenda, and I
have no further changes to the agenda.
Do I hear a motion to approve the regular, consent, and summary
agenda as amended?
COMMISSIONER HENNING: I make that motion to approve
as amended, and also that the county attorney will review today's
consent agenda for legal sufficiencies.
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER FIALA: Second to that.
CHAIRMAN COYLE: Second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It passes unanimously.
Page 12
- -.~-.-.-.-._._....-.----...
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
SeDtember 13. 2005
Add Item 4D: Proclamation to w.elcome those displaced because of Hurricane
Katrina to our Community. (Staff's request.)
Withdraw Item 6B: Public Petition request by James Bryant to discuss traffic light
timing in Collier County. (Petitioners request.)
Item 7 A should have included in the title: "This item requires that all participants
be SWorn in and ex parte disclosure be provided by Commission members."
(Staff's request.)
Item 8C should read: "A request that the Collier County Board of County
Commissioners (Board) adopt an ordinance amending Ordinance No. 04-41, as
amended. .." (rather than Ordinance No. 91-102, as amended. . .). (Staff's
request.)
Item 10B: The date in the fourth paragraph of the Executive Summary should be
Aprif 30, 2006 (rather than Aprif 30,2005.) Also note that there is a Route
Selection Criteria Supplement Report avaifable to the public outside the Board
room in conjunction with this project. (Staff's request.)
Item 16A1: Note that the correct spelling in this item is "Whippoorwill" (rather
than "Whipporwill".) (Staff's request.)
Move Item 16A35 to 10P. This item will be heard after 4:00 D.m.:
Recommendation that the Board of County Commissioners approve award of
contract 05-3801 Consulting Services for Preparation of a Revised Immokalee
Area Master Plan and Rural LDC (Land Development Code). Companion to
Community Redevelopment Agency (CRA) approval of contract under 16G1).
(Commissioner Halas' request.)
Move 16A40 to 10N: Recommendation to approve two budget amendments
transferring funds from the Affordable Housing Trust Fund to the Marco
Affordable Housing Fund for the purpose of separating SHIP Funds and Inter-local
Agreement Funds; recognizing additional carry-forward in the Affordable Housing
Trust Fund; and recognizing FY-05 Affordable Housing revenue within Fund.
(Commissioner Coletta's request.)
Item 16C9: The line under Considerations in the Executive Summary should read:
"The PUED has contracted Camp Dresser & McKee, Inc., (CDM) to submit
applications for 18 (rather than 17) of the County's projects under the Alternative
Water Supply Program. (Staff's request.)
Move Item 16D9 to 10Q as a comDanion item to Item 5D: Recommendation to
accept a donation in the amount of $3,833.52 from the Veterans Council of Collier
County, Inc., and establish a separate trust fund to account for all ,donations and
expenses associated with the Freedom Memorial project. (Commissioner
Coletta's request.)
~'.".-"~._>-".^.-._-.~~".""""--..-_..-.,-",,
Move Item 16E2 to 10R: Report and ratify staff-approved change orders and
changes to work orders to Board-approved contracts. There are questions
regarding Item #4 and #11. (Commissioner Henning's request.)
Move Item 16F1K to 10S: To provide funding for restoration and exhibit
development at the Naples Depot. (Commissioner Henning's request.)
Move Item 16F12 to 10(0): Recommend approval of an Inlet Management Policy
and Funding Guidelines for Category A Tourist Development Taxes.
(Commissioner Halas' request.)
Move 16G1 to 10T (This item to be heard after 4:00 p.m.~:Recommendation that the
Collier County Community Redevelopment Agency approve award of contract 05-
3801 Consulting Services for Preparation of a Revised Immokalee Area Master
Plan and Rural lDC (land Development Code). (Companion to Board of County
Commissioners approval of contract under 16A 35). (Commissioner Halas'
request.)
Continue Item 17B to September 27.2005 BCC Meetina: To obtain Board of
County Commissioner approval to repeal and replace the Ordinance establishing
the Code Enforcement Board and the Nuisance Abatement Board. (Staff's
request.)
Time Certain Items:
Item 8C to be heard at 11 :00 a.m.: A request that the Collier County Board of
County Commissioners adopt an ordinance amending Ordinance No. 910192, as
amended, the Collier County land Development Code (lDC) to add the
amendments of lDC Special Cycle 2a, authorized by the Board for the following
purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds
implementing provisions for three (3) new Transfer of Development Rights (TDR)
Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4.
Amendment of Section 2.03.08 is required to implement the "glitch" amendment
CPSP-2003-11 to the GMP, as well as further implementing the TDR Bonus Credits
and Rural Viffage Standards as adopted in the GMP. Amendment of Section
10.02.13 Planned Unit Development (PUD) Procedures to add provisions for PUD
expiration and retirement of excess numbers of dweffing units.
Item 10D to be heard at 10:00 a.m.: Board to consider redistricting of the County
Commission District boundaries and, if so directed, to approve criteria for
establishing those boundaries. (Commissioner Henning's request.)
Good News Items:
Item 16F4: Recommendation to approve and execute license Agreements with
Wal-Mart Stores, Inc., for use of its four Naples store's parking lots for distribution
of disaster relief supplies to the public.
Item 16F9: Recommendation to approve an application for the 20P5 Emergency
Notification Grant Program offered by Dialogic Communications Corporation.
Item 16F14: Recommendation to approve and execute a license Agreement with
Wal-Mart Stores, Inc., for County employee parking.
"'''''---..,.----."
September 13,2005
Items #2B, #2C and #2D
MINUTES OF THE JUNE 28, 2005 BCC/CLOSED SESSION ITEM
#12B, JULY 8, 2005 BCC/HURRICANE DENNIS EMERGENCY
MEETING AND THE JULY 26, 2005 REGULAR MEETING -
APPROVED
Now with respect to the minutes of the June 28, 2005, BCC
closed session item, number 12B; the July 8, 2005, BCC Hurricane
Dennis emergency meeting; and the July 26, 2005, BCC regular
meeting --
COMMISSIONER HALAS: So moved.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion for approval by
Commissioner Halas, second by Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous. Thank you very much.
Now we move on to service awards.
County Manager?
Item #3A
SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS) - PRESENTED
MR. MUDD: Yes, sir. We have two service awards today, and
they're for 10-year service.
Page 13
September 13, 2005
Commissioners, you want to do it from up there since there's only
two?
CHAIRMAN COYLE: Yes.
MR. MUDD: Sue, did they have the pins and things?
MS. FILSON: Yes, sir.
MR. MUDD: Okay, thank you.
The first recipient is William Seabury. He has worked for 10
years on the Forest Lakes Roadway and Drainage Advisory
Committee.
Mr. Seabury, could you please come forward.
CHAIRMAN COYLE: I have a lapel pin.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Okay. That's all I'm supposed to have?
MR. MUDD: Yes, sir. That's what you do.
CHAIRMAN COYLE: Come on up, Mr. Seabury. And this is
for the 10 year?
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Good, congratulations. Thank you very
much.
(Applause.)
CHAIRMAN COYLE: You've been here longer than we have.
MR. SEABURY: Thank you.
COMMISSIONER FIALA: Thank you, sir.
MR. MUDD: We'll get a picture, sir, if we could.
Thank you.
CHAIRMAN COYLE: Thank you.
(Applause.)
MR. MUDD: The next recipient is David Correa, and it's for 10
years, for working on the Hispanic Affairs Advisory Board. Mr.
Correa?
CHAIRMAN COYLE: Come on up, David.
MR. CORREA: Thank you.
Page 14
September 13, 2005
CHAIRMAN COYLE: Congratulations.
(Applause.)
COMMISSIONER FIALA: David, thanks for all your hard
work, also.
COMMISSIONER HENNING: Thanks.
MR. CORREA: He's my new neighbor.
COMMISSIONER HENNING: We're neighbors.
CHAIRMAN COYLE: Did he move or did you move? Stay
here for a picture.
(Applause.)
CHAIRMAN COYLE: Thank you.
Item #4A
PROCLAMATION DESIGNATING THE WEEK OF SEPTEMBER
19-23. 2005 AS INDUSTRY APPRECIATION WEEK - ADOPTED
Okay. We'll move on to proclamations. The first proclamation is
designating the week of September 19th through the 23rd, 2005, as
Industry Appreciation Week, and it will be presented by
Commissioner Halas.
COMMISSIONER HALAS: Good morning, ladies and
gentlemen. Are the following recipients here? Tammie Nemecek,
T odd Gates, and Maureen Cestari? I hope I pronounced that last name
right. And I see Tom Condrecode. If you all would like to step
forward for this proclamation, I'd appreciate it.
Whereas, the industry of Collier County is vital to the
community's economic health; and,
Whereas, Collier County's existing industries are the key to a
prosperous future; and,
Whereas, Collier County's industries help sustain our quality of
life, exemplify high standards of excellence, and a positive,
Page 15
September 13, 2005
responsible approach to economic diversification and community
enhancement; and,
Whereas, public knowledge of the contributions made by
industry is essential to maintenance of good community-industry
relations.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of September
19th through the 23rd, 2005, be designated as the Industry
Appreciation Week, and urge all residents to salute our industries and
their employees for their contributions to our community.
Done and ordered this 13th day of September 2005, Board of
Collier County Commissioners, Collier County, Florida, Fred W.
Coyle as chair, and I move for approval of this proclamation.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas, second
by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous. Thank you very much.
(Applause.)
COMMISSIONER HALAS: Thank you, Tom.
CHAIRMAN COYLE: You have to have a picture first.
Okay, Tammie.
MS. NEMECEK: Thank you, Mr. Chairman, Commissioners. I
am Tammie Nemecek, president of the Economic Development
Council of Collier County.
Your recognition and support today are truly appreciated.
Sometimes it is easy to view these types of events as merely
Page 16
September 13,2005
procedures or administrative steps or to view this type of proclamation
as simply a form; however, at this point in time these phrases and
words, in fact, the very act of coming together here today has never
been more timely or more critical.
The truth is, this proclamation and week of activities has little to
do with the EDC or even the companies we are recognizing. It has
everything to do with the word community. That is what is behind
this document, this event, and every initiative we support.
I implore you to look beyond this piece of paper and remember
our mission and our objectives are based on the foundation that we
create opportunities, opportunities to put our neighbors, our families,
our community to work.
But it is even more profound than that, because as I read this
proclamation, it states a prosperous future, and that means our
children, the next generation.
I cannot think of anything more compelling than creating a
sustainable economy that provides our children with high-wage,
value-added jobs, a future that allows our children and grandchildren
to stay in Collier County because the community offers a range of
productive career and job opportunities.
Finally, in this proclamation I read, maintenance of good
community/industry relationships. It is true that our mission has been
fraught with issues, concerns from all parties, commentary and
opinion from many quarters. That, too, is part of the healthy
community, and we encourage dialogue. In fact, we at the EDC
intend to actively foster more opportunities for community exchange.
But today I'm here to thank you for this recognition and to ask
that, together, we take a fresh look at this proclamation and use our
partnership to bring this document and these words to life. Thank
you.
CHAIRMAN COYLE: Thank you, Tammie.
(Applause.)
Page 1 7
September 13, 2005
Item #4B
PROCLAMATION DESIGNATING SEPTEMBER 13, 2005 AS
DROWNING IMPACT AWARENESS DAY - ADOPTED
CHAIRMAN COYLE: And the next proclamation will be
presented by Commissioner Henning designating September 13, 2005,
as Drowning Impact Awareness Day, to be accepted by a whole host
of people, I expect most of the people in this audience.
Commissioner Henning?
COMMISSIONER HENNING: Yes. And if I may call up Mary
Baxter, Mandy Carpenter, Fran Deeks, prior Commissioner Rautio,
Laura Pacter, and Dottie Murray.
Whereas, Drowning Impact Awareness Day will raise awareness
that the number of children drowning in Collier County affects
everyone; and,
Whereas, children drowning can happen to any family regardless
of education, race, or socio-economic background; and,
Whereas, diligence in protecting children in many beaches,
swimming pools, and parks in Collier County can be prevented of
( sic) the tragedy of drowning; and,
Whereas, families can follow safety measures to protect the
children around water, such as installing children safety nets around
existing pools and avoid unnecessary loss of life; and,
Whereas, water safety remains a priority for Florida families,
communities, government, and the public educators; and,
Whereas, keeping Collier County children healthy and safe is the
goal of swimming instructors at the YMCA of Naples and on Marco
Island, in the North Naples Fire Control and Rescue District Public
Education Program, and other prevention programs within Collier
County;
Whereas, raising awareness will increase the understanding of
Page 18
September 13, 2005
education classes and encourage families to participate in swimming
lessons to prevent drownings.
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that September 13, 2005, be designated as
Drowning Impact Awareness Day.
Done in this order, 13th day of September, 2005.
Mr. Chairman, I make a motion that we accept this proclamation.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion by Commissioner Henning for
acceptance, 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.)
COMMISSIONER HENNING: I've got something for you.
Thanks for coming.
COMMISSIONER HALAS: Thank you.
COMMISSIONER FIALA: Thanks for all you're doing for the
safety of our youth.
CHAIRMAN COYLE: Thank you.
COMMISSIONER HALAS: Thank you, ma'am.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HENNING: I don't see any of the instructors
that taught my son how to swim.
COMMISSIONER HALAS: Thank you. I really appreciate
what you're doing. Thank you.
CHAIRMAN COYLE: You have one more.
Thank you very much.
Page 19
September 13, 2005
(Applause.)
MS. P ACTER: I just wanted to say, Laura Pacter, North Naples
Fire Control and Rescue District, and we -- when we developed this
proclamation, I just wanted to let you know that you're looking at a
century of experience. Between all these swim instructors, they've
taught thousands upon thousands of children to swim in Collier
County and they're saving lives every day with what they do, and it's
wonderful to be able to have this proclamation for their honor as well,
and it's amazing.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING SEPTEMBER 18-24,2005 AS
NATIONAL REHABILITATION WEEK - ADOPTED
CHAIRMAN COYLE: And the next proclamation will be
offered by Commissioner Fiala, the proclamation designating
September 18 through 24th, 2005, as National Rehabilitation Week.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. To be accepted by
Heather Baker. Is she in the audience? Oh, great. Oh, you have some
friends with you? Come on up.
MS. BAKER: I have some friends. Thank you.
COMMISSIONER FIALA: Thank you very much. You can
close in the ranks a little bit. Thank you.
Whereas, the Comprehensive Rehabilitation Center of Naples
Community Hospital is observing and celebrating National
Rehabilitation Week beginning September 18th; and,
Whereas, Collier County recognizes and values the education,
social, and humanitarian contribution of its many citizens with
disabilities; and,
Page 20
September 13,2005
Whereas, those citizens have found hope, spirit, and dignity
through the services of rehabilitative medicine; and,
Whereas, rehabilitation services throughout the nation help to
restore people with disabilities to independent, productive, and
fulfilling lives; and,
Whereas, Collier County is proud and honored to have
rehabilitation facilities in Collier County.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of September
18th through the 24th, 2005, be designated as National Rehabilitation
Week, and encourages all citizens to renew their commitment to
people with disabilities and to the efforts of rehabilitative medicine in
improving the quality of life.
Done and ordered this 13th day of September, 2005, Board of
County Commissioners, Collier County, Florida, Fred Coyle,
Chairman.
And Mr. Chairman, I vote to approve this proclamation.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala, second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It passes unanimously. Congratulations.
(Applause.)
CHAIRMAN COYLE: Thank you very much. Good to see you
this morning.
CHAIRMAN COYLE: Stay here for the photo.
(Applause.)
Page 21
September 13, 2005
MS. BAKER: Thank you. On behalf of Naples Community
Hospital, the NCH Healthcare System, I'm Heather Baker, and I'd like
to graciously accept this recognition.
Rehab in the continuum of healthcare plays a very critical role.
We'd like to say in the healthcare business that we're in the business of
saving lives. In the rehab, we are in the business of restoring life and
the value to that life.
And we have weeks worth of activities scheduled to help
celebrate as rehab providers across the country will be celebrating.
Our focus is to recognize patient success stories for patient champions
for their true grit in recovering from very demanding circumstances.
Also in recognizing rehabilitation professionals, we'll be naming
our rehab nurse of the year and rehab clinician of the year, volunteer
of the year, and support person of the year, as well as recognizing
community outreach efforts to make sure that people in our
community recognize and appreciate the fact that life doesn't end after
a healthcare challenge.
We'll be partnering later this week with the Collier County Parks
and Rec. Department in putting on a community event where a power
wheelchair soccer game will be played. So I want to certainly
celebrate the important work that rehab providers do, not only across
the nation, but right here in Collier County.
Thank you.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
Item #4D
PROCLAMATION TO WELCOME THOSE DISPLACED
BECAUSE OF HURRICANE KATRINA TO OUR COMMUNITY -
ADOPTED
Page 22
September 13,2005
CHAIRMAN COYLE: The next proclamation will honor -- or
will welcome those displaced because of Hurricane Katrina to our
community, and it will be presented by Commissioner Coletta.
COMMISSIONER COLETTA: Thank you, sir.
I'm going to ask Dr. Joan Colfer from the public health
department, director there, to come forward with the members of the
coalition that are here today. And Dr. Colfer, I want to personally
thank you for seizing the moment and taking the initiative to put this
effort together.
Whereas, Hurricane Katrina is being considered one of the worst
natural disasters to hit the United States this century; and,
Whereas, the recovery from this event will be long-term and
require a great number of resources; and,
Whereas, it is estimated that at least 70 families displaced from
Hurricane Katrina have located in Collier County; and,
Whereas, they have come here because of connections they have
with family and/or friends; and,
Whereas, for many returning to their home communities may not
be possible for some time to come, if at all; and,
Whereas, they have suffered a severe trauma by their experience
in the event, which ravaged the gulf coast states of Louisiana,
Alabama and Mississippi; and,
Whereas, they need assistance finding homes, schools, jobs and
healthcare; and,
Whereas, a local coordinating council for Katrina victims has
been established to focus on the long-term recovery efforts for these
displaced residents of Collier -- residents coming to Collier County;
and,
Whereas, the local coordinating council includes both county
agencies, private not- for-profit groups; and,
Whereas, information, resources, and services are currently being
coordinated and made available through the council membership to
Page 23
September 13,2005
those displaced residents.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that we welcome those
displaced because of Hurricane Katrina to our community.
We support their use of needed county agency services in their
effort to rebuild their lives and encourage everyone in the community
to reach out and help those affected.
Done and ordered this 13th day of September, 2005, Fred Coyle,
Chairman.
And I make a motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: A motion for approval by Commissioner
Coletta, a second by Commissioner Fiala.
All those 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 passes unanimously. Thank you very
much.
(Applause.)
COMMISSIONER COLETTA: Thank you.
COMMISSIONER FIALA: Thanks for all your work. Good to
see you involved, George.
DR. COLFER: Good morning, Mr. Chairman, members of the
board. I'm Dr. Joan Colfer, the director of the Collier County Health
Development.
Obviously we're not the displaced victims. We're part of the
coordinating coalition that's trying to help these folks.
And I would take you back to Father Moffatt's words for just a
moment, because they were absolutely perfect for this morning.
Page 24
September 13,2005
It's a privilege to accept this proclamation on behalf of our
neighbors who have fled from Louisiana, Mississippi, and Alabama.
Obviously they can't be here, as they're busy working with staff from
the coalition agencies to rebuild their lives and find them temporary
homes, clothes, jobs, and schools for their children, as well as
healthcare.
We thank the board for joining in this effort and being the good
Samaritans by opening the doors to any county services they may
need.
Thank you very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #5A
PRESENTATION BY SENATOR BURT SAUNDERS
RECOGNIZING THE CONTRIBUTIONS OF ANN OLESKY TO
THE RESTORATION OF LAKE TRAFFORD - PRESENTED
CHAIRMAN COYLE: Now that takes us to presentations.
We're honored to have Senator Burt Harris here -- Burt Saunders here.
COMMISSIONER HENNING: Is that Bert 1. Harris?
CHAIRMAN COYLE: Did you have anything to do with
writing the Bert Harris Act, Senator Saunders?
SENATOR SAUNDERS: Just for the record, my name is Burt
Saunders.
Thank very much Mr. Chairman and members of the county
commISSIon.
This is a very appropriate time to recognize the work of Ann
Olesky and to present this proclamation to Ski Olesky. And with your
permission, I'd like to ask Ski if he could come forward to be here.
There was an article in the N ews- Press yesterday, and the
Page 25
September 13,2005
headline of the article says, dredging to begin at Lake Trafford. And
the article goes on to say that within about a month or so, actual
dredging will begin to clean up Lake Trafford.
And there's some interesting numbers in this thing. The amount
of muck that's going to dredged out is equal to the amount of material
that would fill 30,000 dump trucks. It's a 1,500-acre lake, and the
layer of muck at the bottom of Lake Trafford is six feet thick.
And so this project will restore the lake's vitality, and as Ski
Olesky has been quoted in the media saying, this is a great thing for
the economy of Collier County, because it will bring back the bass
fishing and the fishermen back to Lake Trafford.
With your permission, Mr. Chairman, I'd like to read this
proclamation. And this is a proclamation of the Florida Senate. It's a
high honor for someone to be recognized by the Florida Senate,
because what we do is pause in our deliberations, we read the
proclamation, the Senate president signs it, and it's a very significant
thing.
This is a resolution recognizing the contributions of Ann Olesky
to the restoration of Lake Trafford in Collier County, Florida.
Whereas, campaigns to preserve the vigor and beauty of the
state's natural heritage are often inspired and led by aware and
dedicated state residents; and,
Whereas, an outstanding example of environmental activism was
demonstrated through the leadership of Ann Olesky in establishing
and sustaining the effort to save Lake Trafford, the largest natural lake
south of Lake Okeechobee; and,
Whereas, Lake Trafford sustained massive environmental
damage in 1996 as a result of oxygen depletion in the lake caused by
algae blooms from years of die-off of the exotic hydrilla plant that
thrived there; and,
Whereas, living and working on the shore of Lake Trafford, Ann
Olesky was dismayed by the destruction of the lake's ecosystem and,
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September 13,2005
with her husband, Edward Olesky, at her side, undertook an
eight-years grass-roots campaign to save the lake; and,
Whereas, faced with muck removal estimates that escalated to
$20 million, Ann began coordinating local fundraising projects in the
community of Immokalee, which raised $32,000 for the lake's
dredging; and,
Whereas, Ann Olesky realized that ongoing involvement by the
community would be imperative to bring the necessary governmental
resources to the cleanup of the lake; therefore, she formed Friends of
Lake Trafford in order to raise the necessary support in Congress and
in state government; and,
Whereas, Ann Olesky's tireless efforts led Congress in 1998 to
include the lake in an authorization for critical restoration projects by
the U. S. Army Corps of Engineers, but the funding for those proj ects
was depleted before Lake Trafford's restoration could be begun; and,
Whereas, refusing to give up the campaign to save the lake, Ann
continued her lobbying efforts to reach out to officials at every level
of government and ultimately achieved the commitment of funds
needed from the state and the South Florida Water Management
District; and,
Whereas, a contract for the dredging of the lake was finally
signed just two days before the unanticipated death of Ann Olesky on
June 13, 2004; and,
Whereas, the loss of the vibrant and outstanding community
leader is deeply felt by thousands of Florida residents and officials
who witnessed her inspired efforts to save Lake Trafford; and,
Whereas, her community has recognized and memorialized Ann
Olesky's service and leadership by renaming Lake Trafford Park in
Immokalee in her memory.
Now, therefore, be it resolved by the Senate of the State of
Florida, that this body does pause in its deliberations to pay its
respects to the dedicated efforts and example of Ann Olesky in her
Page 27
September 13, 2005
successful campaign to restore the environmental health of Lake
Trafford for present and future generations of Floridians, and to
recognize the exemplary value of her work to preserve Florida's
ecosystems.
Mr. Chairman and members, it's hard to imagine how much effort
would go into raising $20 million from state and federal authorities to
restore Lake Trafford, but Ann Olesky, with Ski Olesky,
accomplished that, along with the efforts of the county commission
and a lot of other people dedicated to cleaning up Lake Trafford.
It's a high honor for me to present this proclamation signed by the
Senate president to Ski Olesky.
(Applause.)
MR. OLESKY: Thank you.
CHAIRMAN COYLE: Thank you, Burt.
(Applause.)
MR. OLESKY: I'd just like to thank everybody involved, and
our family really appreciates it. Thank you.
CHAIRMAN COYLE: Thank you. And thank you, Senator
Saunders.
And Ski, this community will be forever grateful to what you and
your wife have done. Thank you.
MR. OLESKY: Thank you.
(Applause.)
Item #5B
PRESENTATION OF THE AUGUST 2005 ADVISORY
COMMITTEE OUTSTANDING MEMBER AWARD TO STEPHEN
A. HARRISON, COUNTY GOVERNMENT PRODUCTIVITY
COMMITTEE - PRESENTED
MR. MUDD: Commissioner, that brings us to our next item,
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September 13,2005
which is item 5B, and it's a presentation of the August 2005 Advisory
Committee Outstanding Member Award to Stephen A. Harrison,
Collier County Productivity Committee.
If Mr. Harrison could come forward, and I'll read some particular
remarks that I believe are appropriate.
Steve Harrison is an aggressive can-do member of the
productivity committee. He has not missed any meetings and can be
counted upon to volunteer whatever time is necessary to accomplish
the team's goals.
Steve has been the driver behind a number of key initiatives for
the productivity team. For example, the operational effectiveness and
efficiency project was conceived, planned, organized, and
implemented by Steve Harrison. He has knowledge in the financial
field, and his business acumen are vital to the diverse talents on our
committee.
All the members of the productivity committee look to Steve's
guidance and expertise on complex financial and business issues, and
those are remarks from Mr. Joe Swaja, the productivity chair, and I'd
like to continue.
Steve Harrison brings a wealth of knowledge, strong analytical
skills, an independent point of view and the power of persuasion
situation to his work on the productivity committee studies and
projects.
He frequently provides the committee his detailed analysis,
prompting discussion and well-documented conclusions and
recommendations.
Steve's organizational abilities are excellent. He is directing the
efforts of the productivity committee's most aggressive project, the
consolidation of functions across local government agencies. This
proj ect, when implemented, will result in significant cost savings to
taxpayers.
Steve's contributions to the productivity committee have been
Page 29
September 13, 2005
truly significant and deserving of recognition, and those words are
from Janet Vacey, a member of the productivity committee.
Ladies and gentlemen, I'd like to present to the Board of County
Commissioners, the Advisory Committee Outstanding Member for
August 2005, Mr. Steve Harrison.
(Applause.)
CHAIRMAN COYLE: Steve, we need to present you with this.
You already got the most valued award, which is parking.
COMMISSIONER HALAS: We are blessed to have you aboard.
COMMISSIONER FIALA: It's so nice to meet you.
CHAIRMAN COYLE: You need to get another picture now
with the plaque.
CHAIRMAN COYLE: Thank you, Steve.
Item #5C
PRESENTATION OF THE SEPTEMBER 2005 ADVISORY
COMMITTEE OUTSTANDING MEMBER AWARD TO W ALTER
R. JASKIEWICZ, COLLIER COUNTY CITIZENS CORPS. -
PRESENTED
MR. MUDD: The next item is item 5C, and it's a presentation of
the September 2005 Advisory Committee Outstanding Member
Award to Walter R. Jaskiewicz, the Collier County Citizens Corps. If
Mr. Jaskiewicz could please come forward.
Walter 1. Jaskiewicz has been an outstanding member of the
Citizens Corps Advisory Committee since its inception in October
2002 through county 0256. He has superior attendance records, only
missing one meeting in three years, and that was due to training,
which was related to advisory committee responsibilities.
Due to his recognized leadership, Mr. Jaskiewicz was nominated
and elected to serve as the chairman of the Citizens Corps Advisory
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September 13, 2005
Committee in 2004.
During his tenure, he has established several new initiatives
aimed at improving emergency preparation in Collier County,
including the establishment of a speaker's bureau, increased
participation members in seminars, and informational forums, and
greater exposure to media opportunities in the communities.
He has donated generously of his time toward these projects,
always leading by example to others by being the first to participate or
volunteer to help.
Under his leadership to the Collier County's Citizens Corps
Advisory Committee was recently recognized by the Collier County
residents through the Honoring the Community 2005 Award Series, in
recognition of the many valuable contributions to the community for
protecting Collier County through education, training, and volunteer
servIce.
Walter Jaskiewicz has generously given of his personal time,
energies, and home towards the advisory committee mission.
A recent example was his volunteering to participate in a Collier
County public safety television spot aimed at helping voters prepare
for the threat of a hurricane. Mr. Jaskiewicz offered his home and
personal boat for the project, coordinated the participation of the Coast
Guard auxiliary, and spent the better part of a full day preparing for
and making sure the proj ect was done professionally.
Since there are more than 23,000 registered boats in the county,
securing them during the threat of severe weather, such as a hurricane,
is imperative to minimize both property and environmental damage.
Because of his participation in this project and others like it, he
has truly gone above and beyond what is normally expected of an
advisory committee member and is, therefore, nominated for
consideration as the Advisory Committee Outstanding Member for
September 2005.
Ladies and gentlemen, members of the board, I present to you
Page 3 1
September 13, 2005
Walter Jaskiewicz, the Advisory Committee Outstanding Member for
September 2005.
CHAIRMAN COYLE: And I understand that Mr. Jaskiewicz
has just returned from Louisiana where he was helping with the
recovery effort. Thank you very much.
(Applause.)
CHAIRMAN COYLE: Get a picture.
MR. JASKIEWICZ: Thank you. Thank you very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #5D
PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS OF RENDERING OF THE FREEDOM
MEMORIAL - PRESENTED
MR. MUDD: Commissioner, that brings us to the next item,
which is a presentation on 5D, and it's the presentation to the Board of
County Commissioners of a rendering of the Freedom Memorial, to be
presented by -- to be presented by Jerry LaDue, and this has a
companion item which has to do with 16D9, which is now 10Q, and
that's a recommendation to accept the donation in the amount of
$3,800 from the Veterans Council. But let's do the presentation first,
and then we'll do the next item.
CHAIRMAN COYLE: Good. Thank you.
Mr. LaDue, the floor's all yours.
MR. LaDUE: Commissioner Coyle, and other members of the
board, I've made this three dimensional rendering of the memorial so
that everybody could get a better feeling for what I was striving for in
creating your design work.
I'm very honored, and I thank you for giving me this opportunity
Page 32
September 13, 2005
to bring the -- to bring the model to you.
Thank you.
CHAIRMAN COYLE: Thank you very much, Mr. LaDue.
Mr. LaDue has just moved to Collier County. I think, from
Massachusetts, right?
MR. LaDUE: Yes.
CHAIRMAN COYLE: He still has that strange accent, but he'll
get over that.
But he is the person who designed this wonderful memorial. His
was chosen among other -- I think 21 other submissions by a panel of
impartial judges, and this is what it looks like. It is a beautiful design.
And we, of course, are in the process of raising money to finance
the construction of this memorial to those who lost their lives in the
September the 11 th tragedy and for those who continue to fight for our
freedom in distant lands.
And at this point in time I would like to ask Mr. Jim Elson,
president of the Veterans Council, to come forward and to present to
us the first contribution, I should say the first contribution from the
Veterans Council, I believe.
MR. ELSON : Yes, that's right.
CHAIRMAN COYLE: And it will be used to set up an account,
which we hope will grow to the point where we can afford to build
this beautiful memorial to freedom and to those lost in the terrorist
attacks. Jim?
Item #10Q
THE ACCEPTING OF A DONATION IN THE AMOUNT OF
$3,833.52 FROM THE VETERANS COUNCIL OF COLLIER
COUNTY, INC. AND ESTABLISH A SEPARATE TRUST FUND
TO ACCOUNT FOR ALL DONATIONS AND EXPENSES
ASSOCIATED WITH THE FREEDOM MEMORIAL PROJECT-
Page 33
September 13, 2005
APPROVED
MR. MUDD: Commissioner, before you go to that, okay --
because this is an action item, and this is item 10Q, which is a
recommendation to accept the donation in the amount of $3,833.52
from the Veterans Council of Collier County, Inc., and establish a
separate trust fund to account for all donations and expenses
associated with the freedom memorial proj ect.
Commissioner, I need a motion on this--
COMMISSIONER HALAS: So moved.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas, second
by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous.
Go ahead, Jim, give us the money.
MR. ELSON : Veterans Council is very honored to be the lead
force in developing this fund, and it's my pleasure to deliver.
(Applause.)
MR. MUDD: Take a picture while you get it.
CHAIRMAN COYLE: Thank you, Jim, for all the things you do
for us.
MR. ELSON: One more thing from the firefighters.
CHAIRMAN COYLE: Okay.
MR. SPEERS: Commissioner Coyle, ladies and gentlemen,
members of the commission, I'm Gregg Speers, East Naples Fire
Page 34
September 13,2005
Department, and a member of the Freedom Memorial Task Force. So,
Jim Elson, we'd like to add to the kitty just a little bit here. We were
at the 9/11 ceremony at the First Baptist Church of Naples Sunday,
and Jerry LaDue's replica of the memorial was on display there.
So we had the traditional firefighter's boot out there --
somewhere there's a firefighter looking for his other boot -- but it
came in handy Sunday.
So we were lucky enough to collect from the people at the 9/11
ceremony, $191.75. It's a little dent in it. We've got a long way to go
to get to the 1.6 million, but we'll get there.
And we'd like to present this to you, Jim.
CHAIRMAN COYLE: Thank you, Gregg. We don't get the
boot.
MR. SPEERS: Could we get the whole task force?
CHAIRMAN COYLE: Yeah, let's get the other people in the
audience.
COMMISSIONER COLETTA: Come on up, yeah.
COMMISSIONER FIALA: That's nice.
CHAIRMAN COYLE: John Veit.
MR. SPEERS: Absolutely, John. Did we miss anybody?
CHAIRMAN COYLE: Thank you very much, gentlemen.
(Applause.)
COMMISSIONER COLETTA: Thank you very much.
CHAIRMAN COYLE: Thanks, Gregg.
COMMISSIONER FIALA: You guys always do such great
work. You make us proud, I tell you.
Item #10D
BOARD TO CONSIDER REDISTRICTING OF THE COUNTY
COMMISSION DISTRICT BOUNDARIES AND, IF SO
DIRECTED, TO APPROVE CRITERIA FOR ESTABLISHING
Page 35
September 13, 2005
THOSE BOUNDARIES - RECOMMENDATION TO CONTINUE
THIS ISSUE REGARDING THE REDISTRICTING OF COUNTY
COMMISSION DISTRICT BOUNDARIES UNTIL 2007;
INCLUDING 2006 BUDGET AND CENSUS INFORMATION -
APPROVED
MR. MUDD: Mr. Chairman, that brings us to a 10 o'clock time
certain item, and that item is 10D, and that's the board to consider
redistricting of the Collier commission district boundaries, and if so
directed, to approve criteria for establishing those boundaries.
And Mr. Joe Schmitt from -- Administrator of Community
Development/Environmental Services will present.
Commissioner, as you remember, we had a request from Mr.
Chuck Mohlke brought to the Board of County Commissioners just
before summer break, basically asked the board to redistrict because
of increases in population to Collier County. The board directed staff
to look at the particular issue, and we have done that.
Basically the executive summary is self-explanatory as far as the
legal requirements are concerned. To redistrict you have to do it in
odd years. If we were -- if we were to do that as a staff, we would
have to have that done before the last day of December, 2005.
I will tell you the executive summary did layout some issues.
When you go full bore into a -- I would say into a very hectic
three-month period of time in order to redistrict, re-coordinate, and do
all that process, it will have a tendency -- it will have ramifications as
far as our comprehensive planning staff is concerned.
Commissioner, I'll also say the executive summary says, it's --
this particular redistricting is up to the Board of County
Commissioners. It's your option. And there was also a legal
statement in the executive summary that, based on the research of the
County Attorney's Office, that says that this is not mandatory by any
stretch of the imagination by law.
Page 36
September 13, 2005
Commissioner, I would also that if the board so directs, that I
would recommend from the staffs side of the house, if the board so
directs, that this not be done in 2005, that this be done as a 2007 item
on the odd year, and that it start right after the 2006 election, and that's
only if the board directs.
I believe doing it in 2005, we will come with -- we would come
forward with a product that wouldn't be perfect. I'm not saying any
product's perfect, but it would be less -- it would be very suboptimal,
as far as I'm concerned. It would be a rush job.
And there's an old saying, you want it bad, you get bad, and I
don't believe we want to go do this the wrong way, because it will
subject the county probably to some court cases and some other things
and cause a big turmoil, and I don't believe we need to do that. I
believe we need to do this in a very deliberate fashion with enough
time to properly get it done.
CHAIRMAN COYLE: Okay. We have five public speakers.
MS. FILSON: Yes, sir.
CHAIRMAN COYLE: Let's hear the public speakers now,
please.
MS. FILSON: The first speaker is Chuck Mohlke, and he'll be
followed by Gene Vaccaro.
MR. MOHLKE: For the record, my name is Chuck Mohlke, and
I'm a resident of District 4. With the indulgence of the board, I've
prepared a statement. And, Mr. Chairman, if you'd permit me to stay
within the time limits, if I could read from that statement, I think it
would greatly expedite things.
CHAIRMAN COYLE: That will be fine.
MR. MOHLKE: I support, unreservedly, the recommendation of
the county manager that the Board of County Commissioners, in
cooperation, presumably, with the district school board of Collier
County, act to begin a review of the redistricting process following the
November 2006 election.
Page 37
September 13,2005
If we schedule community consideration of redistricting now, we
would not be able to provide sufficient time for community discussion
of the issue or the required U.S. Department of Justice pre-clearance
of any proposed district boundary changes with needed adjustments in
voting precincts before the 2008 elections.
The executive summary that the board has before it for today
gives us some very compelling information about redistricting. As the
board remembers, bid (sic) decade redistricting has a 20-year history
in Collier County. It happened first in 1985, and it happened second
in 1995, and I had the privilege of sharing that resolution from 1995
with the board when you so kindly considered my remarks at the last
of your June meeting.
In the hearings that I participated in back as long ago as 1985,
there was considerable community support for the idea, given the
growth that we experience here in Collier County, to make modest and
understandable adjustments in district boundaries, so that at the end of
the decade when the census is completed and the law requires that
redistricting take place, that there are not considerable distortions in
the population of each of the county commission districts.
The executive summary tells us that ideally each district would
have a population of 61 ,237 persons. Those who are represented on
the board today have had different experiences in terms of the growth
phenomenon. District 4, Mr. Chairman, has had the least experience
with growth. District 3 has had the most. And the difference between
the two districts currently is almost 19,500 persons.
The executive summary for today's meeting reminds us that
redistricting is really a matter of very considerable importance to the
voters of Collier County, and it has to address several significant
issues, including maintaining the total population of each district to be
as similar as possible, that the districts should remain as compact and
as regularly shaped as possible, and that serving commissioners must
remain as residents of the district.
Page 38
September 13, 2005
Other considerations that I'm sure are worthy of the board's
attention are: To avoid any decline in minority community voting
strength in any district, which is one of the reasons we're a voting
rights county and one of the reasons that the U.S. Department of
Justice reviews any proposal that the board may adopt;
To maintain neighborhoods with common interests in the same
district so we're not splitting municipalities, or in any manner creating
unnecessary divisions in very compact homogeneous communities;
To minimize greatly any disruption to existing districts. It could
conceivably happen if we waited until the time of the next census, at
which point in time it's possible, just possible, that there may be as
much as a 30- to 35,000 person difference in population district to
district.
I thank the board for the opportunity to make these remarks.
CHAIRMAN COYLE: Thank you very much, Chuck.
MS. FILSON: The next speaker is Gene Vaccaro. He'll be
followed by Dale Danford.
MR. VACCARO: Good morning, Mr. Chairman and board
members. Thank you for the opportunity to speak today. I'm Gene
Vaccaro. I live in District 5.
Our county is changing, as we all know, and there now exists
great population inequities in our five commission districts. And
according to our growth trends, the disparities will only become worse
in the near future. We all know that.
Without restoring population balance in our five districts, a vote
cast in one district does not have the same value as a vote cast in
another. To me it's just very simple. For this reason of fairness and for
all Collier County voters, I would hope this commission would
support a redistricting effort at its earliest opportunity, preferable
immediately following the '06 elections.
Thank you, board.
CHAIRMAN COYLE: Thank you.
Page 39
September 13, 2005
MS. FILSON: The next speaker is Dale Danford. He'll be
followed by Donald Spanier.
MR. DANFORD: Mr. Chairman, members of the board, my
name is Dale Danford. I'm a registered voter in District 3, and I
support the recommendation already made for the redistricting in the
sense of voter equity.
I have nothing more to add. The points have already been made.
Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Donald Spanier. He'll be followed by Carla
Dean.
MR. SPANIER: Good morning, ladies and gentlemen. I am
Donald Spanier. I'm a registered voter in District 2, resident of
Pelican Bay. And this issue is of overriding importance to the
residents and taxpayers in Pelican Bay, as well as the City of Naples.
I refer to the fact that there is pending at the present time an
action to annex Pelican Bay to the City of Naples. The process will
involve referenda in Pelican Bay community as well as in the City of
Naples.
The disparities between District 2 and the district that embraces
the City of Naples are such that a vote in Pelican Bay is worth,
perhaps, eight-tenths of a vote in the City of Naples.
Unfortunately, I disagree with the recommendation of staff and
the previous speakers in that, from a Pelican Bay point of view and a
District 2 point of view, we cannot wait beyond this year since the
referenda will occur in calendar '06.
I, therefore, urge you to direct the staff and I urge the staff to
make a maximum effort to complete this process as soon as possible.
I thank you for myself and on behalf of the taxpayers of Pelican
Bay.
MS. FILSON: Your final speaker, Mr. Chairman, is Carla Dean.
MS. DEAN: Good morning, Chairman Coyle and
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September 13,2005
Commissioners. I'm going to keep it very brief.
I'm in concurrence with previous speakers that there is no rush, to
do this job properly. As the county manager Mr. Mudd adequately put,
do it fast and bad, you're going to get a bad job. I am certainly for
redistricting as early as possible in 2007. My name is Carla Dean, and
I'm a resident of District 4.
Thank you.
CHAIRMAN COYLE: Thank you, Carla.
MS. FILSON: That was your final speaker.
CHAIRMAN COYLE: That was the last speaker, okay.
Board, any further questions? I'm sorry. Commissioner Fiala and
Commissioner Henning. Who was first?
COMMISSIONER HENNING: Ladies first.
COMMISSIONER FIALA: Okay. Actually Commissioner
Henning was first, but he said ladies first, so I'll just --
CHAIRMAN COYLE: He's a gentleman.
COMMISSIONER FIALA: I'll just say, yes, that I think that I
have to concur with what staff recommends, and I think that we
should work toward a redistricting as early as possible in 2007, if we
can, the first meeting of January, 2007.
CHAIRMAN COYLE: And Commissioner Henning?
COMMISSIONER HENNING: Did I hear correctly this is a
discretionary direction?
MR. SCHMITT: I'll have to turn you to the county attorney.
MR. WEIGEL: Yes, you did. The constitution provides that it
shall be done subsequent to the scenical ( sic) sentence and the statutes
working with the constitution. The statutes indicate that it shall be
done in even (sic) numbered years, but it is discretionary as to when it
is done in even number -- to be done in even numbered years.
CHAIRMAN COYLE: Odd numbered years.
MR. WEIGEL: Pardon me, odd numbered years. Excuse me. I
didn't mean to say that.
Page 41
September 13, 2005
Additionally, while I have the microphone, I had been requested
by Jennifer Edwards, the supervisor of elections, to note for the record
a letter that she has provided to Mr. Coyle, to the county attorney, Mr.
Mohlke, and Mr. Mudd and a few others, relating to redistricting, and
I will provide it to the court reporter.
To summarize it briefly, she notes that -- several things, one, that
it is discretionary to the Board of County Commissioners that the
supervisor of elections does not make the call. She also notes that
among other requirements, as well as the public review of proposed
redistricting districts, that there is -- the requirement that Collier
County as a covered county under federal jurisdiction does have a
pre-clearance requirement with the attorney general justice department
at Washington, D.C., which even if the staff and the public and the
board reached a conclusion as to redistricting in calendar 2005, there
is the potential of an up to 90 -- 60- to 90-day review by the justice
department prior to providing that pre-clearance, which is the ultimate
necessity toward effectuating redistricting, changes in the district.
So she notes as in her letter that this could make things difficult
for potential candidates who may be soliciting petitions toward their
candidacy if, in fact, district lines were to change pursuant to the
process.
So from that standpoint, she again indicates it's the board's
decision. She knows that there appears to be community desire for the
school board districts to be done at the same time. And so if it were to
be done in 2005, she recognizes that it must be done very quickly and
adroitly, otherwise 2007, with the -- can be appropriate certainly with
the supervisor of elections.
And I would just add the comment that if the board should
authorize staff to go forward today to prepare for 2007, it doesn't mean
that we wait till 2007 to do all that work which is legally appropriate
and does not become dated prior to 2007, but that we just be given the
direction to do all things legal for that odd numbered year.
Page 42
September 13, 2005
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER HENNING: Can I give my observation,
Commissioner?
CHAIRMAN COYLE: Sure, go ahead.
COMMISSIONER HENNING: Ifwe take the direction of staff
and some of the speakers of waiting till 2007, instead of2005, the
census will be taken in 2010; so, therefore, the changes will be made
in three years.
If that's the case, I'd rather just leave it until the census. We have
short staff in Mr. Schmitt's organization, many a task by the Board of
Commissioners. And, you know, if -- again, my preference, just leave
it as is, don't take any action.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I couldn't agree with
Commissioner Henning more. I don't see the reason why we have to
take our valuable staff time, which is short as can be. And we have a
letter from Mr. Schmitt stating that.
And also, too, the expense that's going to be involved with this,
when the results aren't going to really mean any difference.
The only thing I can see as a negative is the fact that people that
are making plans now not only to run in '06, but in '08, are going to be
-- feel disenfranchised for the most part when all of a sudden they find
out the districts have been realigned. I would go for the 2010 census,
which means it would happen in 2011.
Mr. Schmitt, would you care to comment on your staff in relation
to something like this?
MR. SCHMITT: For the record, Joe Schmitt, Community
Development/Environmental Services Division Administrator.
From the standpoint, you have the attached memorandum that
was sent to me by the interim director of my comprehensive planning,
Randy Cohen, which describes the impact. Of course -- and David's
here, David Weeks is here, if you want to talk about the particulars in
Page 43
September 13, 2005
the executive summary, but that lays us out pretty clear. The impact
on me, trying to finish this this year, is, frankly, almost an impossible
task.
We would certainly attempt to do it. It would take all the
resources probably out of my zoning staff as well as my
comprehensive planning staff, because this is very, I'll call it labor
intensive because of the public meetings and other things that have to
be done.
We can -- if we delay it to 2007, that certainly gives me sufficient
time to adequately plan and budget for it, and we would address it in
next year's budget hearings, and certainly I would have to plan
accordingly and plan the resources in order to implement it. But I
stand by your direction.
I just await your direction. If we're going to do it in 2007, it
gives me time, certainly, as I said, to plan for it.
Ifwe tried to do it this year, the impact on the year-based
amendments, the 12 petitions out there for private comprehensive
planning amendments, the other activities that this board has us
working, are certainly at risk, because this would take priority. It
would be a requirement to complete it by the end of the year.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I believe that with the vast amount
of influx of people moving here to Collier County that I believe that
we should go with the recommendation that staff had and have the
redistricting take place in 2007, the start at 2007, so that everything is
in place for 2008.
And I believe you're saying basically that you can meet that
deadline if you start in 2007 ~ is that correct?
MR. SCHMITT: Commissioner, I would plan for it, I would
budget for it. I want to be clear though, we did not make a
recommendation. Our recommendation here was that the board
consider redistricting, but it's certainly up to you.
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September 13, 2005
Staff is prepared to respond in any direction you want to direct.
This year was an impossible task, somewhat, but 2007 I would plan
and budget for. But certainly Commissioner Henning offered another
proposal. It's your call. You direct us, and we'll plan accordingly.
MR. MUDD: Commissioner, just to help Joe a little bit, that's
what his executive summary said. My recommendation is, if it's the
board's desire to redistrict, that we do it no sooner than the 2007
particular issue, and that's basically what I said. The 2005
redistricting for us is fraught with hurdles that are going to cause us
major issues within the county with things that the board has directed
us to do already.
CHAIRMAN COYLE: I just want to make sure that we confirm
that the redistricting in 2011 is mandatory.
MR. KLATZKOW: That is correct.
CHAIRMAN COYLE: Okay. So this -- the redistricting that
we're talking about right now is discretionary, and if we proceed in
2007, it will be effective in 2008, for the 2008 elections, if there are
any.
MR. KLATZKOW: That's correct.
CHAIRMAN COYLE: And then in 2011 we must do it again; is
that correct?
MR. KLATZKOW: That's all correct.
CHAIRMAN COYLE: So that would be mandatory.
Okay. Commissioner Henning?
COMMISSIONER HENNING: I'm going to make a motion that
the board doesn't take action on this item. And I just want to point
out, my district, along with Commissioner Coletta's district, has the
majority of residents, and I have no problem, and I know
Commissioner Coletta has no problem, and along with the other
boards, we represent the county. We represent the citizens of Collier
County.
That's my motion.
Page 45
September 13, 2005
COMMISSIONER COLETTA: Then I'd be happy to second
your motion and add that I don't mind the burden of carrying an extra
seven percent of the population. I think that the expense that we
would incur and the loss of staff time -- and mind you now, look at
what's happening with our economic effort as far as trying to get our
permits through, we're just falling behind one after the other.
We have businesses ready to pull out of Collier County because
we can't respond. We're trying to hire more staff, but we can't find the
planners out there that will take the job. We have a serious problem
here in Collier County, and I don't see why we should spend the
money any sooner than we have to.
CHAIRMAN COYLE: With all due respect, it is not the burden
that is being placed on the commissioners that we're concerned about.
It's the fact that some of the voters feel that their vote doesn't count as
much unless there's a proper distribution or a redistricting, but that's
for a different debate.
I think we have a motion on the floor to not take action on this
item at this particular time.
Is that correct, Commissioner Henning?
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: Okay. Is there -- and there's a second by
Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify saying aye.
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. Commissioner Halas is opposed,
Page 46
September 13, 2005
so it passes 4-1.
And we are going to take a 10-minute break at the present time.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Thank you very much.
Item #6A
PUBLIC PETITION REQUEST BY MR. ANDREW S. EVV A,
PRESIDENT, THE AMERICAN FOUNDATION FOR
HUNGARIAN YOUTH AND CULTURE, TO DISCUSS THE
PLACEMENT OF A SCULPTURE COMMEMORATING THE 50TH
ANNIVERSARY OF HUNGARY'S 1956 REVOLT - BOARD
RECOMMENDING THE GATHERING OF CRITERIA
SURROUNDING FREEDOM MEMORIAL TO BE RE-VISITED
NO LATER THAN THE DECEMBER 13TH BCC MEETING
I think we go back to 6A now, Mr. Mudd; is that correct?
MR. MUDD: Yes, sir, public petition request from Mr. Andrew
S. Evva, president of the American Foundation for Hungarian Youth
Culture to discuss the placement of a sculpture commemorating the
50th anniversary of Hungary's 1956 Revolt.
CHAIRMAN COYLE: Mr. Evva?
MR. EVV A: Thank you. Let me tune this up.
Good morning, Commissioners, Mr. Mudd. My name is Andrew
Evva, and I represent the American Foundation for Hungarian Youth
and Culture, a 501 C-3 Florida-based foundation. And in the absence
of Mr. Frank Dobos, who's the president of the Naples Hungarian and
American Club, also his organization.
The purpose of my presentation is to allow the placement of a
Page 47
September 13, 2005
sculpture in an appropriate place in the Collier County government
compound in 2006, a sculpture that would celebrate freedom and
commemorate the 50th anniversary of the 1956 Hungarian Revolt.
The slide presentation is scripted to assure that I stay within the
10-minute time allotment. But if you have any questions, please feel
free afterwards.
We, of the Hungarian -- we of Hungarian descent in Collier
County would like to join the community in celebrating freedom in
Freedom Park or another similar location in Collier County with a
sculpture commemorating the Hungarian Revolt of 1956, a sculpture
that would remind us that freedom is tenuous, and in the absence of a
strong allegiance to the nation, can easily be lost and can be most
costly to regain.
The 1956 Hungarian Revolt against depression can serve as an
example of the possible cost of freedom. Publications in the United
States, Germany, France, Italy, Greece, whatever the publication,
whatever the graphic, whatever the -- whatever the article, even 14
U.N. resolutions underscored the fact that all the countries, with the
exception of the Communist Block, agree to Hungary's right to fight
for its freedom, but none came to help.
The price of 10 days of freedom for Hungary in 1956, 5,000
casualties, many of them children, 20,000 deported to the Soviet
Union, 12,000 imprisoned in Hungary.
To highlight this internationally significant event, Time magazine
selected the Hungarian Freedom Fighter as the man of the year for its
January 7, 1957, cover.
A short quote from the accompanying article in the magazine is
as follows: Quote, his greatest triumph was moral. He demonstrated
the profound and needful truth that humanity is not necessarily forever
bound and gagged by modern terrorists' political techniques, thus he
gave millions and specifically to the youth of eastern Europe, the hope
for a foreseeable end to the long night of communist dictatorship.
Page 48
September 13,2005
But Hungary's greatest loss and, perhaps, the biggest gain for the
United States and our world were Hungary's 200,000 sons and
daughters that fled the wake of revolution were generously embraced
to the countries to which they contribute still their very talents as
exemplified here by Andy Grove, who escaped in '56, and he also
became on the cover -- came on the cover of Time magazine, May
1997 issue. And Andy Grove, as you know, is the founder of Intel.
Perhaps American citizens of Hungarian descent appreciate the
freedom we enjoy here in the United States even more because of
Hungary's 1956 experience.
This symbol of freedom for the 1956 Freedom Fighter was and
still is the Hungarian national flag with the red star of oppression torn
from its center.
Precedence for the display of this and similar symbols
commemorating the Hungarian Revolt in 1956 is evidenced in a
number of various places. Here, for instance, on a stained glass
window in a Miami church to commemorative displays across the
country to California and all the way up north to our neighbors in
Canada.
From Hungarian specific parks to public places such as Boston's
Liberty Square and Sunset Memorial Park in North Homestead, Ohio,
a suburb of Cleveland. Here you can see the Hungarian section on
this site map, and these are many of the commemorative sculptures
that also serve the purpose of adding beauty to the park.
Not only is this major event in behalf of freedom commemorated
in various cities in the United States and the world, but also by world
leaders as evidenced by this quote from President Kennedy.
October 23, 1956, is a day that will live forever in the annals of
free men and nations. It was a day of courage, conscience, and
triumph. No other day since history began has shown more clearly the
eternal unquestionably of man's desire to be free, whatever the odds
against success, whatever the sacrifice required.
Page 49
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..--"-~-
-..--..--.---..---
September 13, 2005
Joint resolution 268 in 1981 resulted in proclaiming October 23
as Hungarian Freedom Fighter Day. This proclamation demonstrates
the recognition of the significance of this event by other leaders of our
nation also.
2006 will also see the worldwide introduction of the Hollywood
produced film, Torn From the Flag. Here you can see
actress/producer Klaudia Kovacs promoting the film with Hungarian
Counsel, General Dr. Gabor Horvat.
As an aside, various Hungarian organizations have commitments
from a number of congressmen, governors, and others of our national
leadership, to participate in various commemorations of the 50th 2,000
(sic) in 2006.
Speaking in behalf of our fellow American citizens of Hungarian
descent in Collier County, the foundation and the Naples
Hungarian-American Club respectfully ask that you grant our request
and petition, the petition to celebrate the freedom we are able to enjoy
in this country with a proposed sculpture located in Freedom Park, a
sculpture not only to commemorate the 50 -- the 50th anniversary of
Hungary's struggle for freedom, but to demonstrate our assimilation,
our appreciation, and an understanding of the total cost for freedom.
This is a clay model that we propose. It would be a five-foot tall
replica of a young Hungarian Freedom Fighter, holding up the
national flag with the symbol of freedom begging us to take it over.
This would be on a five-foot black granite base and the sides would
not be sloped as you see here. And on one side would be "Freedom is
not Free" in laser graphics, and the U.S. flag with various battles that
the United States took place, and to demonstrate our fight for freedom
here, and on the bottom, "Some Gave All."
And on the other side, not next to it, but opposite from the
"Freedom is not Free" would be covered -- the cover of Time
magazine honoring the Hungarian Freedom Fighter and President
Kennedy's words underneath.
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September 13, 2005
This work of public -- this is a clay model, and following the clay
model you have here an eight-foot-high bronze sculpture entitled "The
Firefighter" by the same artist that we commissioned. It stands in
front of Sun City Center Fire Station in South Hillsborough County.
This work of public art was commissioned and installed by
Hillsborough County Board of County Commissioners and its public
art committee. They chose the artist Harrison Covington, who we're
choosing, because of his credentials and accomplishments. He's a
Tampa resident, Dean of Emeritus of the University of South Florida,
and funding chairman of the Department of Art at USF. His
curriculum vitae is impressive, and his many selected honors include
the Guggenheim fellowship in painting. His works include over 150
public and private collections, among them the National Gallery of Art
in Washington, and over 100 statues for the Shriners organization.
His commissions, as you can see, also are extensive, including
the firefighter that we just saw, and another eight-foot-tall bronze, the
Barnstormer, in Tampa International Airport.
Harrison Covington is also a retired lieutenant colonel, having
been a fighter pilot in World War II in the Pacific Theater.
To sum it up, we hope that you agree that 2006 provides all of us
a window of opportunity to celebrate liberty, freedom, and
assimilation. We also hope that you approve the criteria we used for
the sculpture to fit with the themes of Freedom Park, that is, it would
reflect an internationally recognized historic event, it would be
aesthetically acceptable to you, it would be non-confrontational, it
would demonstrate assimilation, and would be self-liquidating, as our
organizations would be funding it.
We would, on the narrow sides of the base, have one side an
honor role of 1956 freedom alumni contributors, and on the other side,
patriot for freedom contributors.
Weare also in the process now of putting these in circulation,
which are car magnets, and as you can see, kind of a nice fit. USA
Page 51
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September 13,2005
1776 with the flag of the United States; 1956 Hungary. One side
would be red, white, and blue, the other one red, white, and green, and
in the center, "Freedom is not Free."
And that concludes my presentation, and I think I hit the 1 0
minutes. So if you have any questions, there's the sculpture again.
We can remodify, if you like, the laser imprint on the base, because
that's an option. The figure we would have to more or less commit to.
MR. MUDD: And Mr. Evva, what you're asking the board for is
a place to put this particular monument; is that correct?
MR. EVV A: Yes, Manager Mudd.
CHAIRMAN COYLE: Thank you very much, Mr. Evva.
The youth of America could learn much by studying the history
of the Hungarian Revolution and gain a deeper appreciation for
freedom.
I would -- are there questions? Commissioner Fiala,
Commissioner Halas. Who was first?
COMMISSIONER FIALA: He was.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I just want to say, I think the
presentation was well done, and I think it would complement what we
talked about earlier this morning in regards to the memorial that we're
looking at here in front of us.
And being a fellow Hungarian myself, I had a -- some of my
relatives that came over from Hungary in 1956. At that time I was a
young boy of 14 years old. And I would hope that we could find a
spot for this. And as Mr. Evva said, that this would -- all, the statue
and everything else would be taken care of by the
Hungarian-American Club here and other Hungarians that reside in
Southwest Florida.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, as a fellow Hungarian and--
CHAIRMAN COYLE: You've stacked this board.
Page 52
____._·._-.'._...M.___~..
September 13,2005
COMMISSIONER FIALA: And I just want to say when you
mentioned Sunset Memorial, on a personnel note, that's where my
parents are and my sister is, and I've seen the memorial, and it's
beautiful. And I, too, would like to see it here. I appreciate that you
want to offer this to us as part of our Freedom Park.
MR. EVV A: Thank you, Commissioner Fiala.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, great presentation, and
thank you for the history. I do think it's fitting, but I think it's, more of
a global issue, is a policy precedent issue that we're about to set. And
that should be addressed before we invite any organization to present
something beautiful like this. But I think it's a -- an issue that we
really need to discuss in detail.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I'm -- I'm in agreement,
too, that this should be something we consider. I think it would be a
wonderful addition to the government complex here to have such a
memorial.
And if other nations that contributed to freedom in this world
would care to contribute sometime in the future, I think that would be
a wonderful addition also, because we're all Americans, but we all
came from -- we have our origins, most of us from Europe, and it's
great to be able to have the cultures preserved, because they all led to
where we are today. I think we have enough support here to have this
brought back as a regular agenda item.
CHAIRMAN COYLE: Yeah. I -- there is one issue. We don't
really have a Freedom Park designated. We only had a site designated
for this particular freedom memorial, but you bring up a very good
point. A Freedom Park would emphasize the importance of our joint
struggles for freedom.
But I think Commissioner Henning is right, we don't know who
else is going to ask to put a memorial here, and we must be careful
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···__·~__..~_ü_.>,.~,"_._~
September 13, 2005
when we establish our criteria for doing that, that we don't create
unintended consequences.
I hope you understand that this is not in any way considered a
criticism or a negative feeling toward this particular memorial,
because I think you have made some excellent points and I like the
design of the memorial.
So I think what we need to do is take some time to develop the
criteria for the addition of memorials such as this. We couldn't very
well integrate it with this particular memorial that we are talking
about, but your suggestion of a Freedom Park is a good one. And,
perhaps, we should take a good look at that and see how we can put
these things together.
MR. EVV A: May I address the board?
CHAIRMAN COYLE: Yes, you may.
MR. EVV A: The criteria that I -- we laid out, you may want to
consider some of those, because this is exactly what we are concerned
with as to what type of Pandora's box we would be opening up for you
folks, and we certainly don't want to do that, being members of this
community.
That is why we thought -- many of the Hungarians, for instance,
not happy that the figure is kneeling. They wanted something heroic,
with weapons, and I said, you know, that's not going to fly, because
we don't want to be confrontational. So we specifically picked those
four criteria to allow someone to make some decisions and to limit the
participation in the park.
Obviously it should be something that will highlight the beauty
so aesthetically it should be acceptable to you. It should not be
confrontational. It should -- it should show assimilation, because that
is -- that is so important, I think.
And we can change the graphics on the base to anything that you
would like in further discussions. So if we want to -- what we're
trying to show here is assimilation and the joint importance of
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September 13, 2005
freedom.
Now, if we want to do something like, "Let's Not Forget," we can
put the towers on one side, and it still fits that, let's not forget that fight
for freedom, and let's not forget the sacrifices that we have here.
So the sides remain open, and we can change those around to
whatever you would think that would make it fit to a specific place
that you would select.
So consider the criteria, that we put a lot of thought into that,
because we have the same concern that you have, and the important
thing that we want to show is that assimilation aspect also.
And I would -- I would tell you that I have been in Hungarian
meetings, Hungarian presentations, in Cleveland, here, and nowhere
will you see more patriotism than you will see amongst our
community.
So thank you for your consideration.
CHAIRMAN COYLE: Thank you very much. And could you
leave a copy of your presentation with us so that we can use that
information in our deliberations?
MR. EVV A: I will certainly do that.
CHAIRMAN COYLE: Thank you very much.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I just want to follow up by
saying that yourself and Commissioner Coletta and myself, we spent
time in our lives protecting freedom, and this is something that I think
is precious to all of us.
We've been around the world, different parts of the world, and
have seen what's taken place in regards to tyranny and dictatorship,
and I think that we really need to look at a place, whether it's in this
location -- when I say this location, the memorial -- the freedom
memorial, or whether we set aside some land maybe at the Naples --
North Naples rec. park that's being built, but I think that we need to set
forth and make sure that -- why we as Americans cherish our freedom.
Page 55
September 13, 2005
CHAIRMAN COYLE: Good. Thank you very much.
Then with respect to future disposition of this, I think
Commissioner Henning has made a suggestion. Perhaps we should
ask the staff to help us develop some criteria for future requests such
as this and give us some recommendations about how we can,
perhaps, incorporate memorials to freedoms such as this on
government property.
COMMISSIONER HALAS: I'd like to see -- I'd like to have this
brought forth as soon as possible, since we'd like to try to see if --
where we could get this established in the 50th anniversary of the
Hungarian revolution, if it's possible.
CHAIRMAN COYLE: Okay. All right. Is that sufficient,
Commissioner Henning? Are you -- does that pretty much catch the
gist of your --
COMMISSIONER HENNING: On the policy decision --
CHAIRMAN COYLE: The policy decision.
COMMISSIONER HENNING: -- the overall worldly policy that
we might establish, yes.
CHAIRMAN COYLE: Yeah, okay. Is that sufficient guidance?
MR. MUDD: Yes, sir. I'd like to -- I'd like to get a no-later-than
date, which is the first and only meeting in December. If I can get it
to you sooner than, I will, but I can move it. So I want to make sure
I'm going to -- there's an end date. The fir~t meeting in December,
which is the only meeting in December, we'll have this item back to
the board. If I can get it to you in November, then we'll try to do that,
too.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. MUDD: Does that suit the wishes of the board?
CHAIRMAN COYLE: Okay. You've got the nods, I think.
Okay, thank you.
Item #8C
Page 56
~~---_...~--~_.,._,._..,"~"~"
September 13,2005
A REQUEST THAT THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS (BOARD) ADOPT AN
ORDINANCE AMENDING ORDINANCE NO. 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE (LDC) TO ADD THE AMENDMENTS OF LDC SPECIAL
CYCLE 2A, AUTHORIZED BY THE BOARD FOR THE
FOLLOWING PURPOSES. AMENDMENT OF SECTION 2.03.07
OVERLAY ZONING DISTRICTS ADDS IMPLEMENTING
PROVISIONS FOR THREE (3) NEW TRANSFER OF
DEVELOPMENT RIGHTS (TDR) BONUSES OUTLINED IN THE
GROWTH MANAGEMENT PLAN (GMP) AMENDMENT CP-
2004-4. AMENDMENT OF SECTION 2.03.08 IS REQUIRED TO
IMPLEMENT THE "GLITCH" AMENDMENT CPSP-2003-11 TO
THE GMP, AS WELL AS, FURTHER IMPLEMENTING THE
TDR BONUS CREDITS AND RURAL VILLAGE STANDARDS
AS ADOPTED IN THE GMP. AMENDMENT OF SECTION
10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES TO ADD PROVISIONS FOR PUD EXPIRATION
AND RETIREMENT OF EXCESS NUMBERS OF DWELLING
UNITS. - ADOPTION HEARING SCHEDULED AT THE
SEPTEMBER 27. 2005 BCC MEETING - APPROVED
MR. MUDD: Commissioner, that brings us to another time
certain item, and that item is 8C. This item to be heard at 11 :00 a.m.
It's a request for the Collier County Board of County Commissioners
board adopt an Ordinance amending Ordinance 91102 as amended,
the Collier County Land Development Code, to add the amendments
of the LDC special cycle 2-A authorized by the board for the
following purposes:
Amendment of section 2.03.07, overlay zoning districts adds
amending provisions for three new transfer of development rights,
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September 13, 2005
TDR bonuses outlined in the growth management plan, GMP,
amendment, CP-2004-4 amendment of section 2.03.08, is required to
implement the glitch amendment, CPSP-2003-11, to give the GMP, as
well as further implementing the TDR bonus credits and rural village
standards as adopted in the growth plan.
Amendment of section 10.02.13 planned unit development, PUD,
procedures to add provisions for PUD expiration, retirement of excess
numbers of dwelling units.
And, Commissioner, I misspoke this morning when I talked
about that last section. It wasn't necessarily an advertising glitch. It
was that the Planning Commission didn't hear this particular item and
continued it to their 21 st of September meeting. So that particular
item hasn't been heard -- and the ghost amendment hasn't been heard
by the Planning Commission, and, therefore, we're asking the board to
postpone action on that particular issue until the 27th of September.
CHAIRMAN COYLE: Thank you.
MR. SCHMITT: Just for the record, again, Joe Schmitt,
community development/environmental services division
administrator.
Just to clarify, Mr. Mudd is exactly correct. This is your first of
two meetings in regards to this special cycle of the LDC amendments.
They've been advertised for today, and the second meeting is the 27th
of September.
You will hear the two amendments today regarding the TDR
amendments that were delayed again because the Planning
Commission delayed them during our regular cycle this past cycle.
We will bring back to you -- Ms. Student is here today if you
have any questions regarding the excess density amendment, we can
certainly address some questions. But we will deal with those in detail
at the next meeting.
So subject to any questions of me, Ms. Marti Chumbler's here to
talk to you specifically about the TDR amendments.
Page 58
September 13,2005
MS. CHUMBLER: Good morning, Commissioners. I am Marti
Chumbler, outside land use counsel for the county. And as Mr.
Schmitt just indicated, I'm here to summarize for you and answer any
questions you may have relating to the first two sections, not the
grandfathering of the ghost units, but the first two sections relating
primarily to TDRs and some other issues on the rural fringe area of the
county .
Much of this is something you're very familiar with. It's simply
land development regulations implementing those TDR bonus
provisions in the compo plan, which are now in effect. They have
been approved by the Department of Community Affairs. There was
no challenge, and they are now in effect. So these are the land
development regulations that would implement those bonus
provisions, as well as a few clarifications.
And probably the easiest -- I'm not going to go page by page, but
I'm going to kind of go through, at least in some order for all of our
benefit.
The first several pages, approximately pages 4 through 8 of your
Ordinance, are all provisions which implement and explain how the
TDR -- the various new TDR bonus credit provisions are created,
what you have to do to be entitled to those bonus credits, and just to
give you a very short recap -- I know you're all familiar with this, and
so I won't belabor it -- but to give you a short recap.
We have three new bonus provisions. An earlier entry bonus
credit, which can be -- someone is entitled to for three years from the
effective date of this Ordinance. Anytime someone who owns sending
lands severs a TDR from their property for three years from the date
of this Ordinance, they will automatically get an early entry bonus
credit as well. That credit doesn't have to used within those three
years, but it has to be created within those three years.
The other two are ones that have a price tag involved in them.
First is the environmental restoration and maintenance bonus credit,
Page 59
September 13,2005
which is sending land owner. There's not an expiration date on that
one. Sending land owner can generate one of those at any time, but to
do so, they have to agree to restore their property, remove exotics,
there may be other types of restoration that has -- hydrological
restoration, other restoration that has to be done, and they have to post
a security bond to ensure that that property is maintained until it
reaches a point that the environmental specialists with the county feel
that the property is essentially self-sustaining.
The third of the new bonuses is the conveyance bonus. And in
order to get that bonus, the property owner has to first sever TD Rs
from their property, second, enter into an environmental restoration
plan, and, thirdly, give their property away free of charge to a county,
state, or federal agency. So those are the three bonus -- new bonuses
that can be created.
And as I say, that's the first several pages up until about page 8 of
the Ordinance. The first provision that doesn't relate strictly to those
notions are -- is on page 8, and that's simply a new provision that
makes it clear that when a TDR is severed from sending land, it is not
the county's responsibility but the property owner's responsibility to
notify anyone who holds a security interest in that property.
Going on then to page 9, and I think of some interest to the
county, is a clarification of language relating to the use ofTDRs on
golf courses. As you recall, there was some controversy over this,
some discussion.
The compo plan simply is not real clear the way it is written, and
so we came to you earlier and said, we need some clarification of what
this use of TDRs for golf courses means. It needs to be spelled out
better in the LDRs. And there were really two options.
One, the compo plan provides that if you're going to put a golf
course in a rural fringe area, you have to use a TDR unit for every five
acres of golf course. The question was whether that same TDR unit
could also be used to qualify you for a residential unit or not. And so
Page 60
September 13, 2005
it was simply a policy issue.
As we came through the Planning Commission, I think originally
the staff had written this so that yes, you double-use a TDR unit for an
associated residential unit. As we went through the Planning
Commission, we have now changed that so that the language before
you provides that if you use a TDR unit for five acres of golf course,
that's -- it's done with. Cannot use it for any residential unit, so -- and
this is TDR units or TDR bonus units, can be used to qualify five acres
of golf course, but that's all it can be used for. You've exhausted its
value at that point. So that's on page 9.
Page 10 is the first provision in which we've tried to go through
and make each and every provision on oil and gas expiration read
exactly the same. There were many minor deviations in the language
in the LDRs, and so what we tried to go through was make the
language consistent everywhere.
You'll see there that we've also left a blank for a date. The
Department of Environmental Protection is in the process of updating
their oil and gas regulations, and so we wanted to capture the newest
and most recent regulations through this Ordinance. So we've simply
left it, the date that those rules are in effect. On the date this
Ordinance goes into effect will be the ones that apply for the purposes
of these provisions.
The pages that follow that simply relate to, that the use of TDR
bonuses, what we've done is where we had before that a TDR credit
could be used to entitle certain uses in rural fringe, we've now added
the word, TDR bonus credits to make it clear that the TDR bonus
credits can be used in the same manner that TDR credits could.
On page 12, there is a provision -- there was some -- excuse me --
some concern voiced that the 500 foot minimum width for green belts
around rural villages was too large. And, in fact, when we looked at
the eastern lands, we found that the -- essentially the buffer, it's called
a buffer in the eastern lands rather than the green belt. But the buffer
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September 13,2005
around villages, townships in the eastern lands is 300, it's not 500.
And so what we've done is we've changed the green belt
provision for the rural fringe to be what it is for the eastern lands, so
we've got the two provisions being the same.
The same for open space. The 70 percent open space when we
looked at it again was much larger than the open space requirement in
eastern lands, and so we've suggested changing that from 70 percent to
40 percent to bring it more in line with the requirements for eastern
lands for similar times of developments.
On page 13 of the Ordinance, there are some additional uses that
are added there. Those are ones that were added in the compo plan
through the glitch amendments, which were adopted about a year ago
now, probably went into effect about a year ago, but are now
appearing in the LDRs for the first time.
Under conditional uses for neutral lands, if you'll recall, we
amended the compo plan, or you amended the compo plan to add the
ability as a conditional use to have multi-family, if you use density
blending in neutral areas. So we have added now some standards that
would apply for those multi-family units if they are built in neutral
lands.
Other than that, I think I have, in very short order, covered the
topics and the subjects that are covered by these amendments. And if
you have any questions, I'd be glad to address them.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Marti, I think we
addressed everything quite well. I know it's been a long journey to get
to this point. The one question I have is, on that bonus that we offer
for individuals that turn the land over to a government entity, is there
any provisions in there to make sure that that land would be available
for public use?
MS. CHUMBLER: Well, I think there are actually some state --
do you mean for like public parks, public access types of use?
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September 13, 2005
COMMISSIONER COLETTA: Everything, depending where it
is. Just public access where people can hike through the land, or in
some places in the very rural areas where it might tie into the Picayune
Forest where it might be able to be used for hunting and fishing.
MS. CHUMBLER: Currently -- currently there is not. Currently
it's just a conveyance to a state agen -- local, state, or federal agency.
So there's not a requirement that that conveyance would have to be to
one of those agencies in a manner that it's available for public use.
COMMISSIONER COLETTA: Is there a--
MS. CHUMBLER: But it does -- remember, it does -- and, in
fact, depending on the property, it does have to have an environmental
restoration plan on it. So it certainly is not -- would not be available,
something that could be made available to a federal agency, let's say,
for some sort of construction or development. It has to be used, it has
to be maintained, even after it's conveyed to one of these
governmental entities, in a manner that its environmental status is
maintained at the most natural level possible.
COMMISSIONER COLETTA: Well, I'll tell you where my
concern is, is that we're going to have all these small entities out there
coming under the jurisdiction of state, federal, or local government.
They'll become little enclaves of preserve that people won't be
allowed to be able to go on and use it.
Actually, in reality, when it goes to the state, federal, or local
government, it's public lands and it should be somehow, if the need is
there or if the land is suitable for it, have a limited amount of public
access to it in a responsible way. And I'm not too sure.
Are we in danger of creating something where all this land will
become land that will not be available to the public?
MS. CHUMBLER: Well, I guess that's possible. But keep in
mind, it's private land now.
COMMISSIONER COLETTA: I understand.
MS. CHUMBLER: But you're not changing anything that was
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accessible before. I understand what you're saying. There is -- if you
-- you know, if you wanted to put--
COMMISSIONER COLETTA: Conveyed to -- if it's conveyed
to the state, federal, or local government to get that extra TDR.
MS. CHUMBLER: Right.
COMMISSIONER COLETTA: At that point in time when it is
and it becomes under the ownership of a government agency, is there
any guarantee that that will be able to be used for public use, for
public access?
MS. CHUMBLER: I don't know the answer to that, but there
may be some state or federal laws on that issue that I'm just simply not
prepared to answer today.
Joe, I don't know if you have any --
MR. SCHMITT: Yeah. Let me take a stab and very succinctly
say that it's up to the agency that receives the land.
Conservation Collier, we certainly have availability and any
access. If this is turned over to a state agency or federal agency, it's
going to depend on who the land manager is and the agency that is
going to be managing that property.
But certainly what we're encouraging here would be given over
to Conservation Collier, which we have passive recreation and other
type of activities that would allow for access.
COMMISSIONER COLETTA: Then the other question is, who
makes the determination what agency or what form of government
will end up with the ownership of this land, or is this detail to be
worked out later?
MS. CHUMBLER: The property owner. I mean, with the State
of Florida, the board of trustees Internal Improvement Trust Fund
owns all property.
COMMISSIONER COLETTA: Okay. But the property owner
would designate who the ownership would go to?
MS. CHUMBLER: That's correct. Now, keep in mind, you
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September 13, 2005
know -- I think, you know, this is a valid concern, but it's probably
less of a concern than it might be if there were not the environmental
maintenance plan precondition, because --
COMMISSIONER COLETTA: I understand.
MS. CHUMBLER: -- you know, a state and federal agency is
not going to take on property for which it has no use. And if property
has, you would -- hopefully it's not going to. They're charged, and
their statutory charge would be that they would not do that.
If property already has restrictions on it that prevent that state or
federal agency from utilizing the property for some development
purpose, for something other than conservation, statutorily that agency
should not be taking the piece of property.
Now, what I can't tell you is that there may be some piece of
property that some federal or state agency determined is so
environmentally sensitive that public access should be severely
restricted, I don't know the answer to that, and there may be some
instances where the state or federal agency makes that determination
on a piece of property.
COMMISSIONER COLETTA: Down the road we'll probably
have to deal with this on a case-by-case basis.
COMMISSIONER COLETTA: Right.
COMMISSIONER COLETTA: Thank you so much.
CHAIRMAN COYLE: Any other questions?
(No response.)
CHAIRMAN COYLE: This is something we've gone over -- I
mean, this topic is something we've gone over many times in the past,
so --
COMMISSIONER COLETTA: Motion for approval.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: We have a motion for approval by
Commissioner Coletta --
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September 13, 2005
MR. WHITE: Mr. Chairman?
MS. CHUMBLER: I think your final approval is at your next
meeting.
MR. SCHMITT: Let me just make sure -- Patrick White wants
to read some perfunctory statements into the record, as we usually do
on our LDC amendments.
So Mr. White.
MR. WHITE: Thank you. Assistant County Attorney Patrick
White.
Mr. Chairman, Commissioners, I've reviewed the Affidavit of
Publication for today's hearing on this matter and note that what the ad
says is that final adoption of the Ordinance will be considered at this
public hearing.
And the form of the motion, I think if you're going to entertain
one today, ought be one that recognizes that this matter is being
continued to September 27th's Board of County Commissioners'
agenda in these chambers for the final consideration of this matter.
COMMISSIONER COLETTA: Okay. Motion is so stated.
COMMISSIONER HALAS: My second reflects that.
CHAIRMAN COYLE: Of the entire matter, or just of the ghost
MR. WHITE: Of all aspects --
CHAIRMAN COYLE: All aspects.
MR. WHITE: -- of it, including 2.03.07, 2.03.08.
CHAIRMAN COYLE: Okay. You have a motion by
Commissioner Coletta, a second by Commissioner Halas for a
continuation of this matter until September the 27th for final
disposition, right?
MR. WHITE: Yes, sir.
MR. SCHMITT: Commissioner, you may wish to hear any
public comments on this one though.
CHAIRMAN COYLE: Yes, we're going to do that before we
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September 13,2005
take the vote. And we have two public speakers.
MS. FILSON: Yes, Mr. Chairman. Nancy Payton?
MS. PAYTON: I'll waive.
MS. FILSON: Bruce Anderson?
MR. WHITE: While Mr. Anderson's coming up, I'll just note for
the record that I'm turning the affidavit over to the minutes keeper for
recordkeeping purposes. Okay. Thank you.
CHAIRMAN COYLE: Okay. Thank you.
MR. ANDERSON: Mr. Chairman, my name is Bruce Anderson.
I just want to remind you that these were -- this is a culmination of the
joint efforts of the Collier County Audubon Society, Florida Wildlife
Federation, Collier Building Industry Association.
I have a clarification question that I'd like to direct to Mr. Lorenz.
The restoration management plan provisions of these amendments
talk about the fact that the county will automatically accept as the
restoration and management plan for any property, a restoration and
management plan that's been accepted by a governmental agency in
connection with permitting and mitigation requirements.
And my question was, if the land is going to be conveyed to, say,
the water management district or any of the other specified agencies
and it's not in connection with a permit and mitigation but is just an
outright conveyance, will the county also accept the restoration and
management plan that the agency, accepting agency, utilizes?
MR. LORENZ: Yes. For the record, Bill Lorenz, environmental
services director. The answer, simple answer, is yes. We would
accept the land management plan of the agencies that the property is
being conveyed to, as long as that land management plan addresses
vegetation -- exotic vegetation removal and listed species management
which, from my understanding, most of the plans that I've seen for the
state agencies locally have those provisions.
And that's also the -- that management plan many times will have
the recreational element in it as well. And so that management plan
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September 13,2005
then would cover whatever recreational opportunities could be for that
type of property.
CHAIRMAN COYLE: So what you're saying is you would not
accept an inadequate or incomplete management plan from __
MR. LORENZ: That's correct.
CHAIRMAN COYLE: -- one of the other agencies, but if it was
a properly prepared and complete management plan, you would accept
it.
MR. LORENZ: That's correct.
CHAIRMAN COYLE: Okay, good.
MS. CHUMBLER: And to follow up, Commissioner, just real
quick. There is a provision in here saying that the RMP that the
private owner provides remains -- has to remain in place only until
such time as they convey their property, so I think there are words
here that provide that explanation as well.
CHAIRMAN COYLE: Okay, good. Thank you, Marti.
No other speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: In that case, I'll call the question.
AIl 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.
MR. MUDD: Commissioner, that brings us back to public
petitions. As I mentioned that -- during the change that 6B was
\vi thdrawn by the petitioner.
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September 13, 2005
Item #6C
PUBLIC PETITION REQUEST BY MATTHEW NOL TON TO
DISCUSS FENCE PERMIT AND CODE VIOLATION-
RECOMMENDATION TO RE-EXAMINE THIS PORTION OF
THE CODE BECAUSE OF SAFETY, HEALTH, AND WELFARE
ISSUES, SUB-CONTRACTOR WILL PAY HALF OF THE FEES
($1,000), AND THE REMAINDER OF THE COST SHALL COME
OUT OF THE GENERAL FUND - APPROVED
The next item is a public petition -- and we're now on 6C. It's a
public petition request by Matthew Nolton to discuss fence permit and
code violations.
MR. NOLTON: Thank you, Mr. Chairman, and commissioners.
My name is Matt Nolton, and I'm a resident of Collier County, and I
live in District 4.
My wife and I and my sister recently purchased a residence up
off of Immokalee Road to bring my aging parents down to -- so that
we could help better care for them, and in association with that, we
had some concerns of our children visiting them and -- in their back
yard and strangers walking along Piper Boulevard, so we had a fence
installed by a licensed contractor. The contractor did not pull a
permit, so we got notification that we had a fence without a permit.
I'm asking for some assistance on this in that then we had the
contractor get the permit, and then we were told, well, the fence is too
tall, it's on a corner lot, the house, and you have to cut off two feet of
this fence.
So my wife and I spent numerous hours down at Horseshoe
discussing this with planning and zoning trying to find out if there was
resolution to this, and everyone told us, no, don't cut,the fence, but we
could not find anybody who would say -- sign off and say, it's all right
the way it is. Everyone directed us to bring this to the commissioners
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September 13,2005
for some assistance.
I believe you have a packet, I hope, that we had sent in that
shows photographs of the fence. It's at a corner. It does -- in no way
blocks the view at this corner. It's not an eyesore. If anything it
makes the part of the community look nicer.
And, simply stated, we're asking for assistance that we don't have
to cut off two feet of a fence that we had installed for privacy and for
some security when our children are over at their grandparents in their
back yard.
CHAIRMAN COYLE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Well, if -- the code does state on
the corner lot that the only thing that's allowed is a four foot. If __ do
you believe that staff was asking you for the Board of Commissioners
to change the Land Development Code to allow a six foot?
MR. NORTON: Frankly, I'm not sure what they're ask -- what
staff was asking. We went to the staff trying to find out if we had to,
indeed, cut this one section of the fence oft: which is -- from the one
street, is clearly 50 feet back. It's not within that zone. But from it
being a corner lot, it happens to be within 30 feet -- or within the 30
feet on the one.
We had discussed it with them, and several times we had actually
given up and said, okay, we're going to have to cut the two feet off,
but then people down at Horseshoe said, no, don't cut it off. Go talk to
this person. So we kept getting pushed from person to person, but,
yet, no one would sign off saying that it was all right to leave that
section of the fence at six feet, and they directed us to you.
COMMISSIONER HENNING: Okay. Can you give us a name
of the person who said, go to the Board of Commissioners, because I
would like to find out from that person what we can do.
MR. NORTON: Well, I have to relate that to my wife, because
she was the one who dealt with them mostly.
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September 13, 2005
MS. NORTON: I have a list of names of all the people that I
went to and I spoke. Sorry that we're bringing it before you, but I
have from pennitting to planning.
I mean, the bottom line is, yes, you're right, there is a code about
a corner lot. This is from -- you can see from the pictures, clearly
does not obstruct traffic on that corner. So what we were doing was
asking for a fence variance. And everyone agreed that it does not
affect the corner, but no one would sign off on it. And literalIy, we're
brought here because we were directed to bring it here, that you would
vote one way or the other. And I can -- I have a list of names here of
who I spoke with.
COMMISSIONER HENNING: Okay. But you're not going to
get an answer -- we're not going to get an answer unless we have a
name of the person who directed it, because I'm sure anybody in this
audience wilI say, no, we didn't direct anybody to come to the Board
of Commissioners. That's the only reason I'm asking, I'm trying to
resolve it.
MS. NORTON: No, I completely understand. I stilI have a little
bit more time so I can tell you, when I kept asking them what can I do,
you know, what can I do, and they kept sending me from place to
place, there was one option of submitting for a fence variance request.
And then with that, you have to submit a thousand dolIar check,
and I said, okay, so it's going to cost me a thousand to get this
changed. And they said, welI, not exactly. This thousand dolIars is for
us to look at it.
So then I said, so I'm going to give you a thousand dolIars to look
at it and then tell me no? And I said, do I get my thousand dollars
back, and they said, no, you don't. So I said, well, let me talk to
somebody before I do that, because a thousand dollars is a lot of
moœy. ,
And I did speak with someone concerning that, and I was
discouraged from doing that because it was subjective to someone's
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September 13,2005
point of view on a safety issue or not. So, again, I was stuck with,
okay, now what do I do? And again, I was told to do this. So that's
why we stand in front of you. Yeah, I mean, I can give you specific
names. I can hand this to someone who, you know, I spoke with
through the whole process.
MR. MUDD: Commissioner, at this particular juncture, we have
a fence that doesn't meet the code. It's a code -- it's a code board issue.
There is a procedure where they could come for a variance. The fee,
as just was described by the petitioner, seems to be a little onerous for
this particular variance issue.
The board has the -- I believe the only way the board can address
it is if they're going to keep it through a variance process. And I
believe it -- maybe it was a staff, said, go see the board and they were
talking about waiver of the fee, I can't tell you, I wasn't there. But the
board can waive the variance fee to go through the process, and it
would be heard by the Planning Commission and then by the board at
a future date.
CHAIRMAN COYLE: I'm sorry, yes.
MS. MURRAY: Hi.
CHAIRMAN COYLE: Go ahead.
MS. MURRAY: Susan Murray, I'm the zoning director. Let me
just clarify what County Manager Mudd said.
The process we have is actually an administrative variance
process, and I'll give you a little bit of history on it. There is a
provision in the code that allows for a variance from the height
restrictions under a case -- a health, safety, welfare case. And that's all
the criteria that the code says.
And historically the staff has been pretty restrictive in applying
that where you could just have a code change that addresses a generic
situation.
So let me give you an example. Evans Oil came to us and asked
to have a fence height waiver or administrative variance, same thing,
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September 13, 2005
and they cited concerns, obviously, with access to their site and
potential terrorism and things of that nature because they store,
obviously, combustible materials. And that was granted by staff.
The other instance where one was granted was in a multi-family
dwe11ing unit setting where there was a pool recreation area and there
was no other fonn of security, and it was a community pool, and they
asked to erect a six-foot fence, and that was the same thing.
But just to a110w anybody to come in and ask for a greater fence
height is something that the code contemplates should probably be
addressed generically rather than just one on one, people coming in
and asking for that, and that's why she was discouraged, I think, trom
this step because a thousand do11ars is a lot of money, and if we
thought that there was no very particular health, safety issue, we didn't
want her to spend her money on that.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. I was a little concerned of
what I was presented, in that you assumed that the fence company was
going to pull the pennit on this. And so there, I think, was some
discrepancy there, but yet the fence company, I think, realized that
there was some concerns in regards that they were basically allowed to
puH a penni t.
And I'll read here on the record -- so I think we rea11y need to __
this is a code enforcement issue, and I think that's really where it
needs to go. But the Gulf Stream Fence Company said, you shall
advise the customer as to the local zoning regulations, but
responsibility for complying with said regulations and obtaining any
required pennits shaH rest with the customer.
MS. NORTON: I don't disagree with what you said. I have a
contract that I signed with the fence company that states that they
were to obtain the pennit. .
The pennitting issue, you are absolutely correct, that's a separate
issue. We were supposed to have a pennit. We have a contract trom
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September 13, 2005
them stating they were going to get it. We did not follow up. That
has been rectified. There is a pennit. They have paid their fine. So I
agree with that. And I did speak with code enforcement and zoning.
I want to tell you, we're not just frivolously bringing you, we
want this six-foot fence. The issue started with our ll-year-old
daughter was approached by someone along Piper at the fence. That's
what started the whole issue of us choosing or deciding to put a fence
there. We were, quite frankly, worried about them in the back.
MR. NORTON: And from that point forward, we didn't __ went
to a fence contractor, licensed contractor, said, okay, we'd like a fence
there. And we said, well, we'd like it six foot. We relied on their
expertise. They said, no problem, and then the contractor clearly
stated that they would get the permit.
They put the fence in. We thought it was great. It was done, it
was finished. Then all of a sudden, we get a registered letter from the
county saying, hey, you guys put a fence in without a pennit, and
we're like -- so we immediately call the contractor and say, what's
with this. And they say, well, that was an oversight on our part, let us
go correct it.
MS. NORTON: Yeah. It's not like we're putting the cart before
the horse. We realize ifthey had done it the proper way, we would
have known before the fence was installed.
COMMISSIONER HALAS: I really think this is a code
enforcement issue, and I think that's where it needs to be directed to,
so --
CHAIRMAN COYLE: Okay. Commissioner--
COMMISSIONER HALAS: We're not the -- we're not the code
enforcement board here.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Can code enforcement solve
this problem and -- yes?
IVfS. ARNOLD: For the record, Michelle Arnold, code
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September 13, 2005
enforcement director. Yes, my staff actually found the contractors
installing it, went back to the office and researched to see whether or
not a pennit was -- and had been applied for and found that there
wasn't a permit for this particular fence.
There has since been a pennit issued, but the pennit has been
issued for a four-foot fence.
COMMISSIONER FIALA: And being that there's the
discrepancy between four and six, is your department __ are your code
enforcement board members able to solve this problem themselves?
Do you need us to make -- to offer any solutions?
MS. ARNOLD: Well, I mean, the code is clear, as
Commissioner Henning said. It says four foot on this particular comer
lot. What we would do is rely on the property owners either to shorten
it to comply with the code or request a variance, and they can, as
Susan described, obtain -- try to obtain an administrative variance.
But outside of those provisions, there really isn't anything else
the code enforcement would look at. And, you know, they would
evaluate the evidence and make a detennination what they would have
to do, if they chose not to __
CHAIRMAN COYLE: Commissioner Henning, did you have
anything else, or is your light on from before?
COMMISSIONER HENNING: Yeah. No, I do. I think what
we have here today, Commissioners, is the public coming to their
elected officials for relief, except, you know, code enforcement is not
relief That's either the slap on the hand or the hammer on the head.
So I guess the question -- and I understand what you're asking. You
feel that a four-foot fence is not safe for your children while they're
visiting their grandparents.
MR. NORTON: Correct.
COMMISSIONER HENNING; You asking -- you feel as a
parent, for your children, you think a six-foot fence, you feel safety __
they're safe in the back yard playing.
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September 13,2005
MR. NORTON: Correct.
COMMISSIONER HENNING: So--
MS. ARNOLD: And that's something that they would ask for in
a variance process, whether it's a variance for an administrative
process or variance through the Planning Commission.
COMMISSIONER HENNING: Well, we heard trom somebody
down at community development, go petition your elected officials for
relief. What are you asking for us to do for relieffor the residents,
these residents?
MR. SCHMITT: Commissioner, again, Joe Schmitt, for the
record. If you want to -- we want to debate the merits of the case, we
can, and we can certainly, if we want to discuss, who told what to
\vhom. But the staff advice was very clear.
And my understanding in researching this, that an administrative
ýariance would probably not be granted because the merits of this case
do not warrant it.
I believe the petitioner was advised that the only other method
would be to either comply with the code or seek a variance through
the nonnal public petition process, and that is through any type of
variance, which would be a $3,000 application fee to apply for a
public variance through the board that would have to go through the
Planning Commission and the Board of County Commissioners.
And if! -- certainly the petitioner could Correct it. Certainly that
cost \vould dissuade anyone, and they chose to come and petition the
board directly.
I would have to caution or ask the county attorney whether this
board could even rule on this today because it has to be advertised as a
variance, it would have to go before the Planning Commission and the
Board of County Commissioners.
We certainly can take the advice of the board in trying to
mitigate the cost of this, if that is your choosing. We will __ certainly
¡vi 11 do that, but __
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September 13, 2005
COMMISSIONER HENNING: We can also initiate a code
change, and that's what I'm recommending, a code change to make lot
owners equal, whether it be a comer lot or an interior lot, for fencing
of walls.
And I think the code is 5.08?
MR. SCHMITT: 5.03.02, and it states in this case that a comer
lot, that's side yard and ITont, is considered a ITont on both sides, and
the front yard can only have a four-foot fence.
The other side of the property can have a six-foot fence. That is
the code.
Commissioner, I can only advise, again, if you want to change
the code, that has to, again, go through a Land Development Code
amendment process, which, again, are two public hearings before the
Planning Commission and two hearings before the Board of County
Commissioners, and we can certainly include that in an upcoming
LDC cycle --
COMMISSIONER HENNING: But in this case, zoning in
progress, like the county attorney has stated, in this case it can be held
in abeyance until we decide the issue, whether we're going to amend
the code for comer lots, making them equal to interior lots, to where
you can allow a six-foot fence, and we need to debate that issue
through many different meetings.
But anyways, that's what I would like to do.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I believe that the reason the code
was written, it was well researched, and it was a fact that if it's a
comer lot, you've got traffic on both sections of that, and it may be a
traffic problem as far as addressing oncoming traffic in other areas.
So I really think that we need to just send this down to code
enforcement, and ITom there, the people, they have the option, like
every other citizen, that's why we have Land Development Codes, and
they can then submit for a variance and be held -- or go through the
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September 13,2005
nonnal process that's afforded everybody, all the citizens here in
Collier County with the due diligence of the government process, and
it will eventually reach us if they so desire to go for a variance.
CHAIRMAN COYLE: We didn't hear trom the county attorney
as to our legal authority to proceed on this issue anyway today.
MR. WEIGEL: Thank you, Mr. Chainnan.
Mr. Henning is correct that if the board were to direct the staff to
come back with a change in our zoning code relating to this, that that
cou]d effectuate what is recognized in the courts as zoning in progress.
I would suggest though that whether or not you come to that
direction, in looking at this public petition before you today and the
statement of staff indicating that there is an administrative variance
process, the one-thousand-doIlar process, and they iterated the revie\v
criteria that they have applied to some particular applications in the
past, I would suggest that if this board were to go on the record as a
board noting that on this public petition appears to be a health, safety,
welfare issue that's particularized to this petition and lot and fence
before you, that that would be providing direction to staff as to how
they could interpret a variance petition by this petitioner for the
administrative variance.
It appeared that Ms. Murray was indicating that they look at
things such as health, safety, and welfare. If the board were to make a
determination that there is an issue of that kind particularized to this
parcel, I think that the administrative variance could be achieved.
The question of zoning and progress, you know, could
conceivably even be something that we work on a little __ in a little
1110re detailed way on another day, if you should so choose.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I commend you. I do think
that the Board of Commissioners is here for a reason, and that reason
is when the government process tends to stumble, that we have to pick
IIp the slack. And I have no problem, as one individual commissioner,
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September 13, 2005
declaring this and passing on our recommendations that the __ that
they consider this based upon a health, safety and welfare issue.
I can -- the fence looks like it's an acceptable thing to me. You
worked in good faith with the fencing company, and I do think that
there's something we can do to help alleviate the problems that you're
up against to provide that safety for your daughter, then we should __
we should encourage our staff to proceed.
COMMISSIONER HENNING: 1'11 second that motion.
COMMISSIONER COLETTA: Thank you. I didn't realize it
was a motion, but I guess it was.
CHAIRMAN COYLE: I guess we have a motion by
Commissioner Coletta and second's Commissioner Henning.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Well, I was going to second
that as weJI. I totally agree. I think that's what we're here for. I also
wanted to make sure that we put some kind of provision in our codes
here that something happens whereby these -- just like these people,
they were told that they were getting their pennit and they weren't,
and it's written very clearly here that the Gulf Stream Fence Company
wiJI be responsible for pennitting and calling locator services, and I
don't know what we can do about making sure that that requirement is
met and the people who have paid all the money in good faith aren't
then gypped.
And the second thing is, they should -- I don't know how we can
do this, but aJI contractors should know what the rules are. And when
they think -- when the people think they're going by the rules and
they've applied for and been approved, and then all of a sudden, it's
hitting them in the face and it might cost them $3,000 for what they
thought was something that they were doing, you know, in all honesty,
and complying with the rules, I think we need to do something about
tightening that up.
MR. SCHMITT: Commissioner, in could offer, the only thing I
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September 13, 2005
have no authority in going in and -- other than through a complaint
that they would register through the contractor licensing office, which
is part of my building department. That would have to be a registered
complaint against this contractor. The contractor clearly started the
project without the permit, came in and got the permit, and then got
the permit for a four-foot fence. And certainly that's the position we're
In.
CHAIRMAN COYLE: That is one of the things we're missing
here.
Now, I understand why we should not try to punish innocent
residents who depended upon a contractor to perform their obligations
properly. But we can't ignore this issue, because the fundamental issue
is that somebody violated the law, and this is not the only item on this
agenda today where we're going to be debating that. We run into it --
we've run into it a number of times in Commissioner Halas's district.
And we simply have to reach some conclusion with respect to how we
deal with this.
Now, in the past on occasion we have told the property owners,
it's your subcontractor, if they didn't do what they were supposed to
do~ you're going to have to go after them and get it straightened out,
and they should pay for any amount of money you have to pay to
obtain a variance, they should pay for any legal expenses you may
have to get this accomplished. They should bear the burden of this
error. You should not.
But we can't continue to let people violate our laws with
inlpunity. It's not the staff's fault. It's not code enforcement's fault.
It's the subcontractor's fault, and we have to hold the subcontractor
responsible some way. And I do not like punishing innocent residents
to accomplish that. So we've got to find a way to do that.
So I hope our legal staff and our staff will help point us in the
right direction with respect to dealing with this. And my feeling is,
:'jU know -- and we've got a motion on the floor, and we need to
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September 13, 2005
conclude this pretty quickly -- that I think will pass. I do not agree
with it, not because I want to punish you, but because I think we ought
to follow the proper process.
I would vote to reduce the cost that you would have to pay for
variance so it doesn't hit you so hard in the pocket, and go through the
proper procedure.
But I think we have a motion on the floor, and I will call that
motion now.
I'm sorry. Commissioner Halas, you wanted to make a
comment?
COMMISSIONER HALAS: I just wanted to make -- ask one
question. When you signed this then, what was written on here, was it
on there at the time you signed this agreement, stating that the
responsibility of obtaining the permits was going to be left up to the
customer? I just wanted to -- I just want to make sure that --
MS. NORTON: You're looking at the contract that we signed?
COMMISSIONER HALAS: The proposal contract, yes, ma'am,
and it was dated 4/15/05.
MR. SCHMITT: Commissioner Halas, just so you are aware,
that any contractor's required to post the contract -- or post the permit
on site before starting any job. So the homeowner, property owner,
should have known that a permit --
COMMISSIONER HALAS: Well, I'm just trying to find out--
MR. SCHMITT: -- is supposed to be posted.
COMMISSIONER HALAS: -- if this was added after they
signed or what took place here, because obviously when you sign a
contract, you have to look at the fine --
COMMISSIONER FIALA: But it says on mine -- I'm sure it --
MR. NORTON: But at the top of that -- it does say that below,
but at the top it clearly states that they'll be responsible for it.
MS. NORTON: The top left side. If you're going to say, were
we negligent in not following up and making sure he had a permit?
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September 13,2005
1'111 going to stand in front of you, yes, we thought he was doing what
he said he was going to do, and we have learned differently, and that
\vas a mistake.
MR. NORTON: And with that said, it was at -- not at our
residence, so it's not a residence that we're at every single day, and a
fence is up pretty fast. So we came by, it was up. Then two days later
we got the letter.
MS. NORTON: But you're right, we should have followed up.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: I want to take a little bit of the
gui It off you.
My own personal experience, I'm a county commissioner, and I
ask for -- I had a contractor with a very reputable roof repair person to
come in and do my roof over, put a metal roof up.
One of the things I explained to him beforehand, I'm a county
con1illissioner, make sure you've got all your permits in hand, all your
insurances in place. It's an absolute must.
I came to the job site the day they started, and the permit wasn't
posted. I mentioned it to them, the helpers that were there, and they
said, oh, yeah, it's all taken care of, we'll have it up. Second day it
\vasn't posted, I called up the permitting department and turned them
In.
Immediately they apologized, they paid the fine, they put up the
pel111it.
But the reason I'm saying this is that, why would the lay person
out there know what a permit even looks like? If it says it in the
contract, you assume they're going to do it. You're being charged for
i I usually as part of the price.
What I would suggest to anyone that's -- to you and to anyone
else that's listening today, is to follow up to make sure the contractor
that's coming on the job does have the necessary permits. The reason
[()r this is twofold, one, to avoid these kinds of events taking place
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September 13,2005
where you get called in after the fact, and, two, those permits are to
protect you, to guarantee that the workmanship that is done is up to a
quality that you should expect.
And so it's not something to try to be avoided if you can to save a
couple of dollars or the problems of going down to pick it up. Make
sure the permits are there, pay the fee, get the inspection, and you'll be
protected.
CHAIRMAN COYLE: Okay. I'm going to call the question.
We have a motion on the floor by Commissioner Coletta, second,
Commissioner Henning, and the motion is to ask staff to present to us
a change in the Land Development Code to address --
COMMISSIONER HENNING: No.
COMMISSIONER COLETTA: I don't think so.
CHAIRMAN COYLE: No?
COMMISSIONER COLETTA: No. It was to -- from the
commISSIon --
MR. MUDD: To declare this as a public health and safety issue,
and that the board take that under advisement as they do their -- as
they do their administrative variance particular issue.
And I just want to make sure, when you're done with the motion,
we haven't talked about cost yet. Are we going to reduce cost, cut it in
half, are we going to waive it? Because the administrative variance is
a thousand dollars.
COMMISSIONER COLETTA: Since I'm the motion maker, I'd
like to comment. I think we should take the cost, cut it in half, and
your contractor should be paying this fee. And I want to know from
you if he did pay this fee, and I think you should copy all the
. .
commISSIoners.
MR. NORTON: Well, thankfully, I still owe him $500 dollars,
and we're not paying it until this is resolved. .
COMMISSIONER COLETTA: I think you just broke even, my
fri end.
Page 83
September 13,2005
MS. NORTON: So I'm going to fill out that variance form and
1'111 going to turn it in on the instructions; is that what I'm doing?
COMMISSIONER COLETTA: Yes. And I would recommend
111aybe you get a transcript of this particular hearing and attach that to
it, too, and highlight the fact how the commission voted. We haven't
taken the vote yet. This could still go wrong.
MS. NORTON: I understand.
CHAIRMAN COYLE: All in favor, please signify by saying --
MR. MUDD: So it's part of the motion to cut the fee in half?
COMMISSIONER COLETTA: In half, it is. I include that in
the motion.
CHAIRMAN COYLE: Yes. And the second, right?
Okay. All--
COMMISSIONER HENNING: Yeah, but just a question.
\Vhere does the other half come from? Is that the general fund or is
that --
CHAIRMAN COYLE: I'd like to go after the subcontractor for
it. quite frankly, if we have a \vay to do it.
COMMISSIONER HENNING: We're cutting it in half. Is it 313
or the general fund?
MR. MUDD: General fund, sir.
COMMISSIONER HENNING: Okay. That's part of my second.
CHAIRMAN COYLE: Okay. 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: Okay. It passes unanimously. Thank
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September 13, 2005
you.
MR. NORTON: Tha~k you very much.
MS. NORTON: Thank you for your time.
Item #6D
PUBLIC PETITION REQUEST BY JOHN GURSOY TO DISCUSS
THE GULF COAST SKIMMERS LEASE TERMINATION-
PRESENTED~ TO BE DISCUSSED FURTHER ON ITEM #10E
MR. MUDD: Commissioner, that brings us to our next item,
which is item 6D. It's a public petition request by Mr. John Gursoy to
discuss the Gulf Coast Skimmers lease termination.
MR. GURSOY: I'm here.
CHAIRMAN COYLE: Okay. Mr. Gursoy, you know this item
is going to be considered under a different item in this agenda today;
do you not?
MR. GURSOY: Yes, yes.
CHAIRMAN COYLE: Okay. You will be entitled to make
comments either now or at that point in time, not both.
MR. GURSOY: Okay. I wasn't aware of that.
CHAIRMAN COYLE: Okay. We don't listen to two speeches
about the same thing in one day.
MR. GURSOY: Right. I wasn't planning on doing that.
CHAIRMAN COYLE: Okay.
MR. GURSOY: Now, the time that would be afforded to me
during that item 10E would be how much time?
CHAIRMAN COYLE: I would be happy to give you five
minutes at that point in time.
MR. GURSOY: Okay. And in this venue I'd ~e allowed how
much time?
CHAIRMAN COYLE: I think you're going to have 10 minutes.
Page 85
September 13, 2005
MR. GURSOY: Okay.
CHAIRMAN COYLE: You take your choice.
MR. GURSOY: All right. Can I just counsel with my spouse for
a moment?
CHAIRMAN COYLE: Sure, by all means.
MS. FILSON: And Chairman, just so that you know, Mr.
Gursoy's wife has registered to speak on this item, and we do not take
speakers under public petition.
CHAIRMAN COYLE: That's right.
MS. FILSON: She can speak on the regular item.
CHAIRMAN COYLE: Yeah. Mrs. Gursoy can speak at the
item that will be considered later today concerning the contract itself if
she wishes.
MR. GURSOY: Okay.
CHAIRMAN COYLE: Okay.
MR. GURSOY: Of course, others can speak, too, at the item
lOE?
CHAIRMAN COYLE: At that time.
MR. GURSOY: Okay. Now, if I speak at this -- just one more
adl11inistrati ve question. If I speak here, will that testimony, for lack
of a better word, be considered at the item 10E?
CHAIRMAN COYLE: Oh, absolutely, yeah, absolutely.
i\nything you say here will be -- we're going to hear it, so --
MR. GURSOY: Okay. Very good. Then I think I'm going to go
ahead and have the dialogue with you here.
CHAIRMAN COYLE: Okay. All right.
MR. GURSOY: Actually my wife wanted to speak also at this.
Of course, we found out she couldn't as we just went through, so I'm
going to go ahead and read a -- her script of what she said, was going
to say. She's not a public speaker, so she's thrilled, the fact that I'm
going to be doing this for her.
Again, I'm John Gursoy, founder of the Gulf Coast Skimmers
Page 86
September 13,2005
Water Ski Show, and also chairman of the board.
My wife wanted to say that her name was Holly Gursoy, and that
she is president of the Gulf Coast Skimmers Water Ski Show. And on
that note, there's been some confusion on the county's part as to who is
in charge, and that has been basically the standard answer that she has
received from the county and other members of the organization when
they've tried to get in touch with the county commission -- I mean
with county staff and appointments and such with the county. This has
been conveniently used as a stall tactic to get past the 180-days notice.
Back in January of 2005, Mr. Glenn Herriman refused to hold an
annual meeting per the bylaws of the Skimmers so that the
membership of the majority then took it upon themselves to vote with
a consent per the bylaws and the Florida state statutes under 61 7,
elected new officers at the regular scheduled membership meeting
called by secretary Anita Johnson, who was present in the room, and
who was also the secretary in 2004 during Mr. Herriman's tenure.
So here she stands as president, or sits behind me, of the
organization. She would not be standing here or sitting in front of you
today pretending to be somebody that she's not. Denying her the
opportunity to seek relief as Commissioner Henning had stated at the
March 8th meeting, would not be appropriate.
And using, we don't know who is in charge, as a stall tactic is not
a lawful way a government agency should operate.
Even with all that stated, the issue at hand is whether or not a
breach of the lease of the -- on behalf of the corporation for cause has
occurred.
Looking at the executive summary prepared by Mary Ellen
Donner for today's presentation in item 10E, it is unfortunate that we
have never -- that the Skimmers have gone through internal turmoil;
however, that does not constitute a breach or default of the lease.
Looking at the lease -- and I'm not sure how closely you as the
commissioners had a chance to examine it when you agreed to go
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September 13,2005
ahead and give the Gulf Coast Skimmers 180 days termination notice
-- there are basically two parts of this lease that deal with termination,
and we have some exhibits which we'd like to provide for you.
The county has only looked at one of those, which makes an
argument for cause, which is Exhibit A. And there's another section
considering the default, which is in another part of the lease which is
considered Exhibit B, which my wife will be distributing here.
The lease, as a unit, has to be considered whole, as a whole unit.
You cannot pick a la carte what you like and ignore what you don't
like. You have to look at the four corners of the lease in full
consideration.
We have never been put on notice that we were or are in default
of any allegations brought forth by Marla Ramsey and the parks
department since 1977 (sic). Behind all the allegations that she made
against the Gulf Coast Skimmers and the statements made by
Spokesman Camdem Smith in the Naples Daily News, it appears that
you want to replace the program funded by donations with a
county-run taxpayer-funded ski program.
By not taking into consideration the default clause, which is an
integral part of the four corners of the lease and make the -- that makes
the allegations null and void, because no notice of default was given
for any of these allegations, and there was never time to remedy those
infractions.
And, furthermore, if these issues were notable, they were not
done in a timely manner. And such infractions dating back five years
ago, all the way back to year 2000, should have been brought forth to
the organization's attention so a situation could have been corrected.
But such silence has occurred on behalf of the county over the
years, and that would mean waiver of such infractions.
I petition the commissioners to take a closer look at what county
sTaff is trying to accomplish, and I would ask that Biblical mediation
take place, and let me explain how that works.
Page 88
September 13,2005
Biblical mediation is being asked of the county commissioners
simply for the fact that it says In God We Trust in every one of your
sheriffs cars. It says, In God We Trust throughout all the hallways of
this building.
Now, I had to take this sign from this floor here. Attorney
Zachary said the best one to take would have been the one on the eight
floor because in the men's room -- it was put in the men's room after
renovations. But I went up there, Robert, and I couldn't find it, so I
had to take yours, Commissioners, okay?
CHAIRMAN COYLE: You understand you can't take that with
you.
MR. GURSOY: I understand, because it says, donated by New
Hope Ministries.
However, you received a letter from Harold Brown, associate
pastor for North Naples Methodist Church, who did donate one of
those and was asking you to go ahead and move forward with --.
considering Biblical mediation.
Again, behind your heads is the great State of Florida seal, which
says, In God We Trust, and then you had Father Moffatt in here to
give an invocation, which he indicated and confirmed that he was
working from the Judeo-Christian Bible in regard to the scriptures that
he used, in regard to the Good Samaritan.
And so we would encourage you to take that step there, because,
you know, what we're trying to accomplish here is a healing of hearts,
because that's where the differences are here, and we could continue
on with a fruitful relationship.
If that is not the case, then I ask that we come together and work
out a solution. And with that, I'm looking at my time here. I'm going
to go ahead and skip over to what my presentation was going to be,
because apparently I won't be afforded the opportun~ty to speak.
And basically I was going to say, on Tuesday, March 8th, you
voted 4-0 to terminate the Gulf Coast Skimmers lease, nine-year lease.
Page 89
September 13, 2005
Donna Fiala, commissioner, was not here to vote, and she should not
vote in the future because she has a conflict of interest, which we have
presented the information per Robert Zachary's request as to why she
should not participate, and her past dealings with the Skimmers.
Again, no notice was given to the Skimmers on March 8th in
regards to the allegations. We found out from Larry Hannon at four
o'clock that day that the lease had been terminated and you wanted our
comments.
Today Marla will come before you on item 10E and ask for your
power to be exercised and authority to finalize the lease termination.
This is not the first time she's tried this, to terminate the children's (sic)
lease. In fact, it's the third time.
In '99, Marla prepared an executive summary for commissioners
in your peer group and printed the same exact allegations she made on
March 8th at the BBC (sic) -- at the Board of Commissioners meeting.
Tom Olliff, serving as public administrator at that time, warned
her very strongly in a memo, which I have in my hand here dated June
1, 1999, warning her that she should not put this executive summary
before the commissioners until it goes in front of P ARAB for a full
due process hearing and let the Skimmers defend the allegations, and
doing so would diminish the credibility of the parks department and
the P ARAB board going forward.
Tom Olliff knew that her allegations were not legally -- legal and
binding. That's why he submitted that memo, and that's what he told
n1e when he forwarded to me at Merrill Lynch back in June 2nd of
1999.
He was going to let her fly on her own in this one, see what she
did~ however, she yielded to Tom's wisdom, pulled it from the agenda,
and has not pursued lease termination since, until the players have
changed. There's a new commission, Tom is gone, Marla's back with
the age-old decade allegations and which we have not had an
opportunity to defend.
Page 90
September 13, 2005
She's going to come before you asking for $36,000, maybe up to
$100,000 to fund a new program out there, again, that was being
provided to you by donations and privately-run faith-based
organizations.
The actions that you took on March 8th as a commission
indicated you do not want a faith-based oriented program out at
Sugden Regional Park. Does the presence of Judeo-Christian
principles bother you, offend you out there, and their work with
working with children?
Traditional Christian values are the foundation of this country
and the very State of Florida that you're a part of and represent. To
remove this faith-based program without giving it an opportunity to
address the allegations made by Marla Ramsey would mean this is a
political power play and an end to the faith-based activities and
services in a county setting that are currently at Sugden Regional Park
and in that critical neighborhood of East Naples, which such action by
the Board of County Commissioners in terminating the lease would be
very ironic considering how much the faith-based community is being
called upon by the local, state, federal, military, Coast Guard, FEMA,
and all other federal government agencies right now in the wake of
Hurricane Katrina. We don't hear the same concern occurring with all
those parties responsible for those entities helping those victims.
Our legal counsel's reviewed the lease and the actions of Marla
Ramsey over the years, and the actions that you took on March 8th
can be considered unlawful. And to lock the Skimmers out of the
demise premises and not let them have access to their facility, even to
get their concessions and ice cream, okay, is unlawful.
There have been many breaches over the years documented and
noticed by the Skimmers in regard to the county's actions.
If you don't want a faith-based organization ou~ there, you're
going to terminate the lease today in item 10E. If you do have an
interest in the faith-based organization out there, then you would
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September 13, 2005
consider due process, consider it to be done in a Biblical way, in
which Pastor Gene Scott of Celebration Community Church stands by
ready to do that, along with the assistance of Harold Brown from
North Naples Methodist Church, and direct staff right now to consider
amending their proposal -- or let me back up there -- direct staff to
consider taking a look at how we can do this mediation.
If you choose to mediate, I think we can have a win-win solution.
The Skimmers in the past, in 2003, approached the county about
amending the lease in order to provide more of a private/public
relationship and to provide a more secular and faith-based program out
there in giving the public more access, similar to Palm Beach
Okeeheelee Ski Park in which residents can place their own personal
boats for reservations in the lake.
Weare willing to continue that dialogue; however, the county
has made errors here, and we did not attack the county . We've only
been supportive of the county. Marla Ramsey has attacked us.
And if you want to terminate the lease, then you'll be casting the
first stone. And if you cast that first stone, we're not going to stand by
just to sit there and get hit by a stone.
And I'll take questions with that at this point. And you have
backup documentation I provided which goes into the concerns that
\ve have about this whole process.
CHAIRMAN COYLE: Any questions by commissioners?
Commissioner Henning?
COMMISSIONER HENNING: Well, while we're putting In
God We Trust in the Biblical law, why are we standing on the public
pulpit today trying to stick a law in a fellow Christian's eye? Why is
this issue in the court and not in the church?
MR. GURSOY : You mean in which issue, you mean concerning
the Skimmers' differences?
COMMISSIONER HENNING: I mean, you got -- you've got it
in the court right now.
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September 13,2005
MR. GURSOY: Right.
COMMISSIONER HENNING: So.
MR. GURSOY: Right. Can I answer that, or is it--
COMMISSIONER HENNING: You may, but I think I know my
answer, it is what it is, and it is on our agenda, and we get to decide
that later.
MR. GURSOY: I'm sorry. Say -- I didn't --
COMMISSIONER HENNING: I say, it is what it is.
MR. GURSOY: Right.
COMMISSIONER HENNING: It is in the courts. We stand here
today criticizing a fellow Christian, and it is what it is. It's on the
agenda, and we're going to make that decision what kind of action
we're going to take later, so --
CHAIRMAN COYLE: Okay. Any other questions by
commissioners?
(No response.)
CHAIRMAN COYLE: Okay. Thank you very much.
MR. GURSOY: Okay. Thank you.
CHAIRMAN COYLE: And we are going to break.
Item #7 A
ADA-2005-AR-7658, JOSEPH C. FULLER, P.A., REPRESENTING
JOHN AND TERI PURVIS AND OTHER AFFECTED
PROPERTY OWNERS REQUESTING AN APPEAL TO
OFFICIAL INTERPRETATION INTP-2005-AR-7442 RELATED
TO AN INTERNAL OFFICIAL INTERPRETATION REGARDING
THE DEFINITION AND OPERATIVE PROVISIONS OF
CERTAIN LDC TERMS PERTAINING TO "BOAT CANOPIES"-
STAFFS REQUEST TO CONTINUE THIS ITEM ~TIL THE
SEPTEMBER 27. 2005 BCC MEETING - APPROVED
Page 93
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September 13, 2005
MR. MUDD: Commissioner, before you break, this is a bit of
good news, but it's a bit of bad news, too. It has to do with item 7 A.
7 A has to do -- has to do with the boat canopy issue.
The original appeal document from the petitioner is not in your
agenda and was inadvertently omitted from the process.
We've talked to both attorneys for this particular issue, the county
attorney's office and the petitioner, who is an attorney, we would like
to, staffs request, continue 7 A until the 27th of September meeting so
that you can have all the documents in your packet so that you could
adjudicate this particular appeal correctly.
And I need a motion from the board in order to do that.
Mr. Weigel, do you have anything to add to that particular issue?
MR. WEIGEL: No, that's correct. A motion to continue 7A to
the September 27th agenda would be appropriate.
COMMISSIONER HALAS: So moved, that this be moved to
the 27th of September agenda.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas to move
to the -- or continue to September the 22nd -- 27th meeting, and a
second by Commissioner Fiala.
Any discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like ~ign?
(No response.)
CHAIRMAN COYLE: It is unanimous.
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September 13,2005
And we're going to break for lunch. We'll be back here at 1 :05.
(A luncheon recess w~s taken.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chainnan, you have a hot mike.
CHAIRMAN COYLE: Okay. County Manager, we're back in
seSSIon.
Item #7B
RESOLUTION 2005-315: VA-2004-AR-6449: ASHLEY
DOCTORS, PROPERTY OWNER, REPRESENTED BY
RICHARD D. YOV ANOVICH, ESQUIRE, OF GOODLETTE,
COLEMAN & JOHNSON, P.A., REQUESTING A VARIANCE
FOR A 4.98-FOOT ENCROACHMENT INTO THE 20-FOOT
REQUIRED REAR SETBACK FOR A SWIMMING POOL AND
SCREEN ENCLOSURE LEAVING A 15.02-FOOT REAR YARD
ON A WATERFRONT LOT. THE SUBJECT PROPERTY IS
LOCATED AT 149 FLAMINGO AVENUE, NAPLES, FLORIDA-
ADOPTED W/STIPULATIONS
MR. MUDD: Commissioner, that brings us to item 7B, and this
item requires that all participants be sworn in and ex parte disclosure
be provided by commission members.
It's variance 2004-AR-6449, Ashley Doctors, property owner,
represented by Richard D. Y ovanovich, Esquire, of Goodlette,
Coleman, and Johnson, practicing attorneys, requesting a variance for
4.98-foot encroachment into the 20-foot required rear setback for a
swimming pool and screen enclosure, leaving a 15.02-foot rear yard
on the waterfront lot.
The subject property is located at 149 Flamingo Avenue in the
Conners Vanderbilt Beach Estates Subdivision, Unit 3, Lot 25, in
Section 29, Township 48 south, Range 25 east, Naples, Florida.
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September 13, 2005
CHAIRMAN COYLE: Okay. Thank you. Will all persons who
plan to provide testimony on this public hearing, please stand to be
svvom In.
(The speakers were duly sworn.)
CHAIRMAN COYLE: Thank you very much.
Ex parte disclosure by commissioners; Commissioner Halas?
COMMISSIONER HALAS: On this particular item I've had no
e-mail and no meetings and no correspondence in regards to this.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Could you skip over me,
and I'll be ready when you come back?
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've had a meeting with Rich
Y ovanovich, and also I've received e-mails, and I have them here on
tìle.
CHAIRMAN COYLE: And I have met with Mr. Y ovanovich,
the representative of the petitioner, who briefed me on this issue and
discussed the reasons for this request for variance.
And Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. And I met with
¡VIr. Y ovanovich and staff on this particular item.
CHAIRMAN COYLE: Okay. Thank you. Very well.
Who are we going to hear from first?
MR. MUDD: Mr. Y ovanovich, sir.
CHAIRMAN COYLE: Okay.
MR. MUDD: He represents the petitioner.
COMMISSIONER FIALA: I should mention also that I met
\vith staff.
CHAIRMAN COYLE: Okay.
MR. YOV ANOVICH: We're ready?
CHAIRMAN COYLE: Yeah. We're ready to go.
MR. YOV ANOVICH: Okay. Good afternoon. For the record,
Page 96
September 13,2005
Rich Y ovanovich on behalf of Ashley Doctors, the petitioner.
What you have before you today is a request for a variance to the
rear yard requirements for a swimming pool. Your staff report goes
into great detail as to how we got here, but essentially there was a
code change that required that when you have a swimming pool with
an elevation of greater than four feet, the required 10- foot setback
becomes a 20-foot setback.
My client entered into a contract with the contractor to buy a
home that was under construction. The pool permit was issued on
May 11, 2000, and the pool enclosure permit was issued on November
6, 2000.
A CO was issued for the entire house, including the pool and
pool enclosure on December 14,2000, and my client proceeded to
close on the acquisition of the property on December 15, 2004.
In November -- I'm sorry. A Notice of Violation was issued to
my client on October 17,2003, citing my client for violating the rear
setback requirements for the pool.
I just want to point out that throughout the entire process, you
know, the plans were presented to the county showing where the pool
was located and the enclosure was located.
All the inspections by county occurred, spot surveys were passed,
the CO was issued. My client believed that they had done everything
they needed to do acquire the home to make sure that they actually got
the home that they wanted to buy.
You know, had things been discovered -- on previous, you've had
other variances where these issues were actually caught prior to CO,
and either the buyer decided to go forward at their own risk or not, but
there was an opportunity for the buyer to fix the problem before
actually closing on the home.
In this particular case, my client didn't get that opportunity, so
they're stuck -- they're stuck in a situation where they have the home
they want. If the variance is denied, they're going to be required to rip
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September 13,2005
out the pool, replace the pool, and build a pool that they don't want.
It's going to be very expensive. It's really unnecessary. Or in the
alternative, they can try to find another way around removing the
pool, and we've seen that happen recently up in this area.
There is a fix. It's a fix that I don't think anybody wants, which
\vould be to increase the height of the sea wall, backfill the dirt behind
the sea wall, and then you have a funny looking situation where you
have a sea wall that's flat, goes up four feet, goes across and then
down. And I don't think anybody wants that as a fix.
My client -- we've applied for the variance. We've received no
obj ections from the neighbor. You can see on the visualizer the
location of the property.
The property to the west, which I think I've got my directions
right -- to your left, or if you're looking at the screen, to the left. The
house is oriented to where it doesn't face our pool, so it's not going to
affect the view of that property owner if the variance is given. The
property to the east or the right is vacant, and so that person will be
able to adjust their plans.
And I do have some pictures of the area which I think will kind
of give you an idea of what's in the area already.
That's looking towards the east. And you can see -- you know,
obviously, this is a -- the nearest property is my client's property, and
you know, they've put some shrubbery in front of the wall to soften
the look.
The primary reason for requiring the further setback was because
you didn't want the wall effect of increasing the height of the pool
enclosure, so we've softened the look with landscaping.
But you see as you're looking further east, there's a pool
enclosure that already extends further toward the water than what we
aJ ready extend. So we're not -- we're not asking for anything that's not
il!ready in place in the area.
The property to our north is the county park, so we're not going
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September 13, 2005
to be affecting anybody's view there.
What we're asking for is kind of a -- there's really no harm to the
surrounding community if this variance is granted. Our client was,
you know, an innocent party in all this, went through the proper
process.
Staff has been good to work with. They now have got a process
in place where they require additional information at the time that you
pull a permit, so it's not like this is going to continue to happen and
there's going to be a lot of situations like this in the future.
This is an unfortunate, you know, mistake that happened. You
know, I wish our contractor had gotten it right. I wish the county staff
had caught it before my client bought the property. It didn't happen.
Nobody's going to be harmed by the granting of this variance,
and we are requesting that you follow the recommendation of the
Planning Commission, which was to recommend granting the variance
for this property owner.
With that, your staff report is detailed. If you need any additional
presentation, I'm happy to make it. But with that, I think I've outlined
-- I've highlighted the important aspects of the petition.
And as far as I know to this date, I've not received any objections
from anybody to our request.
CHAIRMAN COYLE: Okay. Any questions by
commissioners?
Let's hear the staffs presentation.
MR. MUDD: Mr. Bosi?
MR. BOSI: Good afternoon, Commission. Mike Bosi, Zoning
and Land Development Review.
As Mr. Y ovanovich had pointed out, we received no written
objections to the variance request. The Planning Commission did hear
this -- hear the petition in July, and they made a mo~ion of approval
4- 2. The two members that were in dissent did not clarify the reasons
for that position, and staff is recommending approval.
Page 99
September 13,2005
One of the reasons staff feels that granting the variance will not
be injurious to the neighborhood is what Rich had pointed out, on the
overhead viewer where the -- where the arrow is, the second to the last
house to the west, that is the Doctors' home. As you can see the house
directly to the west is oriented more towards the west than towards the
bay. The house to the left is vacant. And as you can see, the houses
to the east encroach -- they're set lO foot back from the sea wall.
As Mr. Y ovanovich had pointed out, county staff and the
contractor who initially built this house was incorrectly applying the
Land Development Code, did not recognize that when that sea wall --
or when the pool deck is four feet above that sea wall, that a 20- foot
setback would apply, and, therefore, they're seeking the 4.9-foot
vanance.
Subsequently, CDES Administrator Joe Schmitt has made
changes to the processing of issuing building permits towards -- to
prevent this very specific type of situation. This is one of the last
remaining variance requests related to a pool deck and the sea wall.
I'm going to have a couple more in the near future in the next
couple months that hopefully will finish up the rest of the batch.
And the side note, one of the alternatives Mr. Y ovanovich had
111entioned was raising the sea wall. Currently right now our Land
Development Code places no prohibitions from doing that. But based
upon the direction of Susan Murray, the director of zoning and land
development review, we have initiated a Land Development Code
change that would prevent that ability from raising the sea wall to
attain zoning compliance, and within your Land Development Code
for this cycle, you'll get into the specifics of that request.
Based upon all those ameliorating factors, staff has arrived at the
conclusion and recommendation of approval. And specifically it is of
staff opinion that the recommendation will not be injurious to the
sUITounding properties.
CHAIRMAN COYLE: Thank you. Commissioner Halas?
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September 13, 2005
COMMISSIONER HALAS: Yes. I read the material that was
presented, and I was kind of befuddled when it says that it passed all
inspections, then, of course, we come back and find out that there was
an encroachment in regards to the setback.
And we discussed before lunch break about how we can make
the builders more accountable for their errors. I think these
encroachments are done with the idea that they know that we have
some commissioners here that are going to obviously give these
variances so we're going to go ahead and, as -- and continue to do this
unless they're caught.
And this setback law, I believe, was in effect about 1997, that for
every four foot in elevation, that you had to have another setback of
10 feet.
And as you know, or I'm sure that a lot of people here in the
audience, and if they don't know, that we've got a multitude of these
problems in my district, in District 2, starting with the Manatee,
whereby we had to make provisions whereby to move the property
line to the center of the road so that we could take care of a variance.
We also had an issue with the Bellagio. This continues to go on
and on and on and doesn't seem to be any real end in sight. And I'm
very discouraged in regards to the way that we're addressing these to
whereby the developer or the builder gets off scott free.
And to me, what it amounts to is, I think was in a period of time
when the county was in a fast track mode. And if this is where we're
supposed to be going in the fast track mode, I don't want to go there
agaIn.
CHAIRMAN COYLE: Okay. There are no public speakers, so
we'll close the public hearing.
Any further questions by commissioners?
Commissioner Henning?
COMMISSIONER HENNING: Mr. Chair, I don't have any ex
parte disclosures on this item.
Page 101
September 13,2005
One of the things that was brought up is a code amendment
initiated by county manager staff, and I -- and if somebody can point
out -- and I don't want to make a big issue of this. I just want my --
\vhat we're supposed to be doing. And it says under 8.02.01, under the
Board of Commissioners, we shall initiate changes to the Land
Development Code. And if somebody could point out where that
authority is for others, please let me know in the future.
MR. MUDD: Commissioner, I think -- I think you took Mr.
Basi's remarks out of context. I believe Mr. Bosi said that Mr.
Schmitt had instituted some administrative processes to make sure that
when a permit comes forward, that all the information is presented so
that these particular type instances don't occur again. He didn't do
anything to the Land Development Code. And he basically has done it
within his authority to work the administrative side of his particular
di vision.
COMMISSIONER HENNING: My misunderstanding. I thought
he said that Susan Murray is initiating a code amendment.
MR. BOSI: Commissioner Henning, that is correct, that was the
staten1ent that I did make. In the last variance request that was heard in
wlay that was before this board that I represented the county staff on,
\ve \vere directed by the Board of County Commissioners to tighten up
the issue of being able to raise the sea wall, and we're going through it
through the Land Development Code amendment process through the
EA. -- or through the development community, and then the
subsequent Planning Commission, and then ultimately two hearings
before the Board of County Commissioners.
COMMISSIONER HENNING: Thank you.
MR. BOSI: Yes, sir.
MR. YOV ANOVICH: May I --
CHAIRMAN COYLE: Commissioner Fiala --
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: I'm sorry. Did you want to say
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September 13,2005
something?
MR. YOV ANOVICH: I would just briefly respond to
Commissioner Halas on what can you do with contractors that
continually misbehave, and I represent another local government that,
too, has concerns about contractors that seem to have a laissez faire
attitude of just building it and asking forgiveness later.
They have taken it upon themselves to file the necessary
complaints either if it's a state licensed contractor, with the state, or if
it's a local, through the local regulatory branch, to make sure that that
contractor is dealt with appropriately.
I don't believe that this contractor's been in front of -- or has
asked for any other variances in this, and so this is, as far as I know,
the only mistake they've made and are asking for -- you know, for the
variance. But I do think there is a process for the government to go
ahead and hold the contractor accountable for their mistakes.
CHAIRMAN COYLE: Okay. Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm very glad that we are
trying to tighten the rules up, and I had a nice talk with Susan. I
should have mentioned that on -- in the comments.
CHAIRMAN COYLE: Susan Murray.
COMMISSIONER FIALA: What did you say?
CHAIRMAN COYLE: Just Susan.
COMMISSIONER FIALA: Oh, Susan Murray, I'm so sorry.
CHAIRMAN COYLE: I want everybody to know who you're
talking about.
COMMISSIONER FIALA: Oh, thank you. And I'm glad that
they are tightening this up, that way there's no room for
misunderstanding. In this particular instance, as I looked at the
pictures, I talked with you, I talked with staff, I trie4 to see what
advantages it would be to make them rip this pool out or to build the
wall up, and I just don't think that that's the thing to do.
Page 103
September 13,2005
I think by building the wall up, it would look more unsightly,
especially when you've got other properties that are closer to the water
than this one. That doesn't seem to be right. And then -- and then to
rip it out when these guys -- everybody -- everybody did what they
thought was right.
Maybe the contractor didn't; I don't know that. Being that he's
never done it before, being that staff approved it, I just feel that we
should not make this gentleman, who bought the property in good
faith, rip this thing out, and I think it's important that we tighten up our
nll es.
CHAIRMAN COYLE: All right. Commissioner Halas?
COMMISSIONER HALAS: I just want to make sure you are
a\vare that when you take on a contracting job and you've got a license
to be a contractor, I would think that the contractor would know all the
lules and regulations.
And as I said before, that was put in -- that was put in place prior
to 2000. And I would think that anybody that was going to build a
pool or anything would have to take that into account when they're
setting up the site plan for the home.
COMMISSIONER FIALA: You know, maybe though
s0111ething that can be done on this home is, maybe they could build
those bushes up a little bit more to cover the wall, and maybe they
could put some other plantings in there to make it a little more lush.
MR. YO V ANOVICH: Sure.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. This is one of
the things that I don't quite agree exactly with Commissioner Halas
011. although I understand what his concerns are with this.
This is a variance, and it's built into the law able to be a catchall
for all those little things that we have to do. Government, no matter
'.yhat \ve do, what Ordinances we pass or how we prompt them, it's
ahvays going to have imperfections into it, and we have to have a
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September 13, 2005
safety net where we can be able to go back and be able to deal with
these on a case-by-case basis.
To be able to go through variance, what's the cost for it, Mr.
y ovanovich?
MR. YOV ANOVICH: I don't remember the fees. I think the fees
were just -- I think they were $2,000 just for the application fees, and
then --
COMMISSIONER COLETTA: And of course, with that you're
adding on it, that's another $200.
MR. yaV ANOVICH: Yeah. And then the surveyor, who made
a little bit more, and then -- there's a lot of costs to go through this
process.
COMMISSIONER COLETTA: It's not a forgiving thing where
you automatically stand there and you forgive the sins of the past
owner and you go forward. But also, too, in this case the county was
negligent in the fact that it's been missed several times along the way;
is that correct?
MR. yaV ANaVICH: Yeah. You know, it was -- it was missed
through the review process. And, you know, and that happens. I
mean, people are going to make mistakes. I mean, that's just human
nature. And it was missed by our contractor, it was missed by county
review, and we are where we are. Does ripping out the pool make any
sense? I don't think that it does.
COMMISSIONER COLETTA: But what purpose would it serve
to rip it out? I mean, who would we punish in this world? That's my
question is, what good would come from it to do something like that?
So that's where I am with it.
CHAIRMAN COYLE: Okay. This is another one of the
situations like the one we talked about this morning. The homeowner
is essentially blameless in this process, but the law was broken, and
creating more laws won't solve that problem. We can tighten up the
code, but it doesn't mean that someone will not, in the future, fail __
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September 13, 2005
COMMISSIONER HALAS: Push the envelope.
CHAIRMAN COYLE: -- to abide by that code. That's exactly
ri gh t.
"-
COMMISSIONER HALAS: Push the envelope.
CHAIRMAN COYLE: So we have got to find a way to make it
expensive for people who do that, whether it's one mistake or a dozen
mistakes. It should become increasingly more expensive if it's more
than one.
So I would agree with those commissioners who say, let's not
punish these homeowners, but we have got to find a way to get to the
developers, the builders.
And whether it's the implementation of some fine structure for
these kinds of things -- let's face it, it is not the police officer's
responsibility if someone runs a red light and he doesn't see them.
'{ ou don't blame the police officer. And it shouldn't be our code
enforcement people's responsibility to catch every mistake made by a
developer or a builder, and they must accept responsibility for that.
I believe that in this particular case, they are paying for this
process; is that true?
MR. YOV ANOVICH: We are going to seek our __
CHAIRMAN COYLE: Recovery.
MR. YOV ANOVICH: -- recovery of our monies that we've
expended.
CHAIRMAN COYLE: Okay. And that would be expected, but
\ve need a process to deal with that.
MR. YOV ANOVICH: Sure.
CHAIRMAN COYLE: And I hope we don't ignore that in
approving this particular variance if, in fact, it is going to be approved.
But we need to start getting at the root cause, and we haven't
been doing that. And I agree with Commissioner Halas, if you don't
st811 hitting people in the pocketbook of the people who are
re~)ponsible, it's not ever going to get any better.
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September 13, 2005
So Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'd like to make a motion to
approve with the -- with the conditions stated that staff has given us,
and also to ask them to put in extra landscaping, let those bushes grow
a little taller.
MR. YO V ANOVICH: Okay.
CHAIRMAN COYLE: Is there a second?
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Coletta.
Could I ask a question? Would you be willing to expand that
motion to provide direction to staff to come back with
recommendations about a fine structure for builders or developers who
violate the codes?
COMMISSIONER FIALA: Oh, I'd love to include that in my
motion.
CHAIRMAN COYLE: How about in the second?
COMMISSIONER COLETTA: Yeah. I mean, we can always
explore the possibility.
CHAIRMAN COYLE: Yeah, okay. They'd have to come back
to with us recommendations. It's not a final determination.
Any problem with combining those two?
MR. WEIGEL: No, but I think you could just as easily separate
them if you wish to, so that this issue is treated as this issue, and then
you take a motion and direct the staff to do what you'd like them to do.
CHAIRMAN COYLE: All right. Let's take the original motion
for approval by Commissioner Fiala.
MR. MUDD: With extra landscape.
CHAIRMAN COYLE: With the extra landscaping, that's right.
Well, as a matter of fact, let's make sure that we understand. Those
bushes are trimmed. They're growing. If they grow and they're
permitted to grow to the top of that stem wall, that should be
sufficient; should it not?
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September 13, 2005
COMMISSIONER FIALA: Yeah, but they can put a couple
paìn1 trees in there, too, to kind of soften the effect, if they'd like.
CHAIRMAN COYLE: All right.
COMMISSIONER FIALA: You know, like we saw -- we had
another one coming before us, and they added a few little palm trees
and --
MR. YOV ANOVICH: We obviously will let them grow up, and
\ve'll install a couple of extra palm trees if you think that's necessary.
CHAIRMAN COYLE: Okay, good.
All in favor, please signify by saying aye.
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. It passes 4-1, with Commissioner
Halas objecting.
Now, let me take a poll of the board to see if we do have majority
support for asking staff to come back to us with recommendations
concen1ing a fine structure for builders, developers, who violate our
code. yeah, contractors, anybody. Okay.
COMMISSIONER FIALA: Yes.
COMMISSIONER HALAS: Are we going to have a sunset on
\vhen you can go back and approach this, or is this going to be an
open-ended issue as we find these anomalies? In other words, if
s01l1ebody builds a house and it's 10 years from now, can we still go
bac k to them, or are we going to have a sunset of five years or two
years or a year?
CHAIRMAN COYLE: I would hope that any time we find a
viobtion, we should be able to access the fine.
COMMISSIONER HALAS: Okay. I'll go along with that.
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September 13,2005
CHAIRMAN COYLE: Okay. Is that acceptable to everybody?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Okay. All right. Looks like we've got
majority of support for that kind of guidance, Mr. Mudd.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Thank you very much. Let's go to the
next item.
MR. MUDD: Sir, before we go to the next item, just in case
there's somebody in the audience that was here to talk about boat
canopies, prior to lunch the board voted to continue that particular
item because a key piece of information was left out from the packet
to the board, and that was the original letter, appeal letter, by the
petitioner.
So, again, item 7 A, which has to do with boat canopies in
Commissioner Halas's district specifically, is to be continued until the
27th of September. So I don't want to waste your afternoon anymore.
If you're here for that particular item, it will not be heard today.
Item #8A
ORDINANCE 2005-45: PUDZ-A-2003-AR-4965 CRYSTAL
LAKE POA TWO, INC., REPRESENTED BY TERRY KEPPLE OF
KEPPLE ENGINEERING, REQUESTING A PLANNED UNIT
DEVELOPMENT AMENDMENT TO REVISE THE MAXIMUM
AREA FOR A PARK TRAILER FROM 500 TO 1,000 SQUARE
FEET; PROVIDE FOR CONSTRUCTION OF A FENCE ON TOP
OF THE BERM LOCATED ALONG COLLIER BOULEVARD;
AND MINOR CLEAN-UP ITEMS IN THE PUD LANGUAGE
SUCH AS CHANGE IN OWNER, AND PREP ARER. THE
SUBJECT PROPERTY IS 168.8 ACRES LOCATED AT 14960
COLLIER BOULEVARD - ADOPTED
Page 109
September 13,2005
Sir, the next item is item 8A. This item requires that all
participants be sworn in and ex parte disclosure be provided by
cOlnmission members. It's PUDZ-A-2003-AR-4965, Crystal Lake
POA Two, Inc., represented by Terry Kepple of Kepple Engineering,
requesting a planned unit development amendment to revise the
nlaximum area for a park trailer from 500 to 1,000 square feet;
provide for construction of a fence on top of the benn located along
Collier Boulevard; and minor cleanup items in the PUD language such
as change in owner and preparer.
The subject property is 168.8 acres located at 14960 Collier
Boulevard in Section 26, Township 48 south, Range 26 east.
CHAIRMAN COYLE: Okay. Will all persons who plan to give
testimony in this petition, please, stand to be sworn in.
(The speakers were duly sworn.)
CHAIRMAN COYLE: Thank you. Ex-parte disclosure. We'll
start with Commissioner Henning this time.
COMMISSIONER HENNING: I talked to a Planning
C onlnlission member on this item, I received an e-mail froln the
president of the association, and I think in your packet is an unsigned
-- unsigned protest of the item.
CHAIRMAN COYLE: An anonymous letter.
COMMISSIONER HENNING: Anonymous, thank you.
CHAIRMAN COYLE: Yeah. Okay.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have that same letter, and
also I spoke with a staff member asking a couple questions.
CHAIRMAN COYLE: And I spoke with the staff concerning
this issue also.
C ommissioner Coletta?
COMMISSIONER COLETTA: Yes. I've had meetings,
cDlTespondence, e-mails, and phone calls. I met with Dan Summers,
L ~n Price, and Mr. Mudd on this item.
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September 13,2005
CHAIRMAN COYLE: And Commissioner Halas?
COMMISSIONER HALAS: I have no e-mails, nor any
correspondence, other than what was placed in the executive
summary.
CHAIRMAN COYLE: Okay. Thank you very much.
COMMISSIONER FIALA: Can I ask Commissioner Coletta,
are you on the right one, Dan Summers and Len Price? Or am I on the
fight one? We're talking about Crystal __
MR. MUDD: We're on 8A, ma'am.
COMMISSIONER COLETTA: 8A, right.
COMMISSIONER FIALA: Right, Crystal Lake.
COMMISSIONER HALAS: Crystal Lake.
COMMISSIONER FIALA: Yeah, okay.
CHAIRMAN COYLE: Okay. Thank you.
Very well. We'll have the petitioner's presentation.
MR. KEPPLE: Good afternoon. For the record, Terrance
Kepple representing the petitioner this afternoon. Before you is a
PUD amendment to make some mostly minor changes to the PUD.
The two major changes, if you would, in it is to allow the size of
the park models to be increased from 500 to 1,000 square feet.
Currently the PUD allows a 500-square- foot park model with up to a
500-square-foot addition placed on it. This would allow basically
what's called a double-wide park model of up to 1,000 square feet to
be placed on it. It doesn't increase the total square footage any. It just
allows it to be put in in a different method.
The other item is the berm along the front, which was constructed
and built with -- in substantial change to the subdivision plans. But to
make it further comply, staff thought that we should add that to the
PUD document while we were amending the PUD document.
I would note that there are no changes in the number -- total
number of units that are permitted on the site. All the residential pads
are completed and occupied either seasonally or permanently by units.
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September 13,2005
The only parts of the PUD that are not built out are, some of the
common areas have not been used yet. There are a couple smaller
parcels that there are no facilities built on those that the -- as the
residents change and boards change and they have different ideas,
they are building those out a little bit. Most of the recreational areas
are built out at this time though.
There was one other small change in the vehicle storage area to
help try to clarify the types of units that can be stored there. Before it
was -- the wording said recreational vehicles. And now it just says, I
believe it's vehicles, so that would allow recreational vehicles or boats
or anything of that nature that are owned by the residents to be stored
in that area.
I would also note that that area they have built, I believe it's five,
six buildings now to house a lot of their recreational vehicles so they
are out of the weather.
I would -- one other comment. When we started this petition two
years ago, I believe it was, there was a change in the legal description
vvhere the property owner to the north had acquired 10 acres of Crystal
Lakes property and had swapped them 10 acres of their property. Due
to the constraints of environmental time frames to getting permits and
things for that, we did take that portion out of the PUD document, so
that's not part of it today.
If there's any questions I'd be glad to answer them.
CHAIRMAN COYLE: Questions by commissioners?
COMMISSIONER COLETTA: Me.
CHAIRMAN COYLE: Sure. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. The -- not too far in the
past there was concern over some storage units that were at these
di fferent sites. Is this being -- is this addressing that, too, as far as
setbacks go and --
MR. KEPPLE: Storage -- like a storage building on the site?
COMMISSIONER COLETTA: On each site.
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September 13,2005
MR. KEPPLE: On each residential site. As far as I know, this --
we have not done anything in this document to address that.
COMMISSIONER COLETTA: Okay.
MR. KEPPLE: To answer your question. As far as I know,
they're all built according to code and setback requirements. I can't
guarantee that, but as far as I know, they are.
COMMISSIONER COLETTA: And can you tell me a little bit
about the public meetings that you held to notify the owners? I mean,
quite a few of them are absentee owners.
MR. KEPPLE: Yes.
COMMISSIONER COLETTA: Was there an effort made to
reach them?
MR. KEPPLE: Of course mailings went out to all the owners, all
4 -- well, I think there's a few less than 490, but all 490 owners. We
did have a public meeting.
At that time their biggest concerns were what we were going to
use those -- that 10 acres of swapped land for. We did make changes
to the PUD document at that time to address their concerns, but since
then we've actually taken that land out of this document --
COMMISSIONER COLETTA: Okay.
MR. KEPPLE: -- so it's not up for discussion, if you would.
And the only reason was because of the environmental time
constraints to get it to this point.
COMMISSIONER COLETTA: And the absentee owners or the
owners that did not attend the meetings, was there any e-mails that
were generated by them that was opposed to this or in favor of it?
MR. KEPPLE: At that meeting there were some that were
opposed, but their concerns were a possible increase in density
because of that 10 acres. And, again, we have not increased the
number of units at all at this point. ,
COMMISSIONER COLETTA: Okay. Thank you.
CHAIRMAN COYLE: Any other questions? Very well. We'll
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September 13,2005
have staffs presentation, if you have one.
MS. WILLIAMS: Good afternoon, Commissioners. For the
record, my name is Heidi Williams. I'm with zoning and land
development review.
Staffs review of this petition has found it consistent with the
gro\vth management plan and the requirements of the Land
Development Code.
The Planning Commission, you'll notice, as summarized in the
executive summary, did discuss this petition at length. There is one
deviation proposed by the applicant, and that is, very simply, the
method in which the wall that's constructed along the western
boundary is measured.
Generally we measure from the base elevation, and the deviation
contained within the document allows that measurement to occur from
the top of the berm.
Staff feels that with the increased landscaping provided by the
applicant, this is an appropriate deviation to grant.
.AJI of the stipulations that were recommended by the Planning
C on1111ission with their recommendation of approval have been
incorporated into the PUD document by the applicant as have staffs
original concerns. Those were actually incorporated prior to the
Planning Commission meeting.
Very simply, I feel the applicant's explained the project, but I'd
be happy to answer any other questions you may have on this petition.
CHAIRMAN COYLE: Questions of staff?
(No response.)
CHAIRMAN COYLE: We have two public speakers. Let's call
the first public speaker.
.'vIS. FILSON: The first speaker is David McKeen.
MR. McKEEN: I decline to speak.
MS. FILSON: Okay. He'll be followed by William Chini.
vIR. CHINI: Chini. I decline also.
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September 13,2005
CHAIRMAN COYLE: Okay.
MS. FILSON: That's all.
CHAIRMAN COYLE: Very well.
Any other questions by commissioners?
COMMISSIONER HALAS: Make a motion for approval.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion for approval by Commissioner
Halas, second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HEN}[ING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #8B
ORDINANCE 2005-46: PUDZ-A-2004-AR-5998: COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS,
REPRESENTED BY COASTAL ENGINEERING
CONSULTANTS, INC., REQUESTING A REZONE FROM
PLANNED UNIT DEVELOPMENT (PUD) TO COMMUNITY
FACILITIES PLANNED UNIT DEVELOPMENT, (CFPUD) FOR A
PROJECT PREVIOUSLY KNOWN AS THE BEMBRIDGE PUD,
TO CHANGE THE NAME TO THE BEMBRIDGE EMERGENCY
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September 13, 2005
SERVICE COMPLEX PUD, BY AMENDING THE PREVIOUSLY
APPROVED PUD DOCUMENT AND MASTER PLAN TO SHOW
A CHANGE IN USE FROM RESIDENTIAL DEVELOPMENT
AND A CHURCH OR A NURSING HOME, TO ALLOW
DEVELOPMENT OF VARIOUS PUBLIC AND COMMUNITY
FACILITIES TO INCLUDE AN EMERGENCY MANAGEMENT
OPERA TIONS CENTER AND OTHER GOVERNMENT
FACILITIES, AND TO ALLOW FOR AN EXISTING
ELEMENTARY SCHOOL AND POSSIBLE EXPANSION OF THE
EXISTING SCHOOL AND POSSIBLE CONSTRUCTION OF
ADDITIONAL EDUCATIONAL PLANTS (SCHOOLS). THE
PROJECT CONSISTS OF 39.82 ACRES AND IS LOCATED ON
SANTA BARBARA BOULEVARD, NORTH OF DAVIS
BOULEVARD (SR 84), IN SECTION 4, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
WITH STIPULATIONS
MR. MUDD: Commissioner, that brings us to our next item,
which is 8B. This item was continued from the July 26, 2005, BCC
o1eeting. This item requires that all participants be sworn in and ex
parte disclosure be provided by commission members.
It's PUDZ-A-2004-AR-5998, Collier County Board of County
Coo1illissioners represented by Coastal Engineering Consultants, Inc.,
requesting a rezone from planned unit development, PUD, to
C001111Unity facilities planned unit development, CFPUD, for a project
previously known as the Bembridge PUD to change the name to the
Beo1bridge Emergency Services complex PUD by amending the
previously-approved PUD document and master plan to show a
c h8nge in use from residential development and a church or a nursing
hoo1e, to allow development of various public and community
facilities, to include an emergency management operations center and
other government facilities, and to allow for an existing elementary
Page 116
September 13,2005
school and possible expansion of the existing school and possible
construction of additional educational plants, schools.
The proj ect consists of 39.82 acres and is located on Santa
Barbara Boulevard, north of Davis Boulevard, State Road 84, in
Section 4, Township 50 south, Range 26 east, Collier County, Florida.
This item has companions at item 10H and lOG. And if I
remember correctly, when we continued this item, I asked the
commissioners if they would honor my request to continue because I
was in the process of -- I had an informal agreement with Stock
Development, and I had nothing formal in my hand.
And before we took action on this particular item, it would
behoove the board if we had that agreement signed and get it into
good shape. That agreement is at item lOG, and I would -- I would
suggest to the board, before you finally take action on the Bembridge
PUD at 8B, that you approve the lOG item so at least you'll have more
options.
CHAIRMAN COYLE: Very well. We need to -- we need to
swear in everyone who is going to be making testimony, providing
testimony on this particular item.
So will you please stand, if you intend to provide testimony in
this hearing, to be sworn in.
(The speakers were duly sworn.)
CHAIRMAN COYLE: I hope we will be successful in
dissuading all of you from talking. We'll be here all day.
Ex parte disclosure by commissioners. Commissioner Halas?
COMMISSIONER HALAS: Thank you, Chairman. I have a
number of meetings that I've had with people, also correspondence,
e-mails, and phone calls on this subject, and I met with staff a number
of times in regards to this issue.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I've also had meetings,
correspondence, e-mail, phone calls, and met with staff.
Page 11 7
September 13, 2005
CHAIRMAN COYLE: I have had meetings with people on both
sides of this issue, phone calls, e-mail, and correspondence. I have
also met with staff. And by the way, we've also had this come before
the county commission and we've considered it in great detail and
listened to public comment there.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've met with staff numerous
times. I have a packet of e-mails and correspondence and information
that I've read through and talked with people about and things that
have seen sent to me. I've gone to see the site, both sites actually, and
I've had meetings in my office and phone calls and I've talked to
reporters, and I think that's about -- oh, and what we heard this once
before.
MR. MUDD: Twice before.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I read Commissioner Fiala's
comments in the Naples Daily News.
CHAIRMAN COYLE: Well, that pretty much covers the whole
thing.
COMMISSIONER HENNING: And I do have some e-mails and
telephone calls on this, and it's part of my ex parte communication.
CHAIRMAN COYLE: Okay. Can we -- I know we're supposed
to hear the petitioner's remarks __
MR. MUDD: Commissioner, she -- Ms. Price will be very brief.
Commissioner Fiala did want to talk about a landfill option. She's
prepared to talk about that particular issue, too, and it was directed by
the board that we include that in the presentation today.
CHAIRMAN COYLE: That would be fine, but with respect to
the companion items, do you want to try to go to lOG and 10H and get
them done, and then go to this particular presentation?
MR. MUDD: Yes, sir. I'd rather have lOG done first. 10H you
can do \vhatever time you'd like to.
Page 118
September 13,2005
CHAIRMAN COYLE: Then let's hold off on the staff
presentation.
Item #lOG
AN ADDENDUM TO THE LEL Y CULTURAL CENTER
SETTLEMENT AGREEMENT IN SUPPORT OF THE
EMERGENCY SERVICE COMPLEX - APPROVED
Let's go to lOG. The agreement is in our packet. We have read
it. We've been briefed on it. We know what it says. We know what
its purpose is.
Is there anything else we need to know about that agreement?
MR. MUDD: Just let me put it on the record.
CHAIRMAN COYLE: If you'll just summarize it.
MR. MUDD: It's lOG, it's a recommendation to approve an
addendum to the Lely Cultural Center Settlement Agreement in
support of the emergency services complex project, 52160, and, again,
it's a companion item to 8B and 10H. It's basically that agreement that
I asked the board to wait for before making decisions on the
Bembridge.
It basically says that they believe that this is a permitted use on
that particular parcel. It also stipulates in it that we will have the
landscape buffer on Cultural Drive in place before we start any
construction whatsoever to give it time to grow up so that it has a nice
appearance.
I wish all projects would start their landscaping first before they
started building.
And staff has no problem with that particular agreement, nor does
the county attorney's office, because they helped us ~raft it.
CHAIRMAN COYLE: Now, we have two commissioners who
want to speak or ask questions, but let me preface this by saying that
Page 119
September 13, 2005
action on this item, that is approval of this agreement in lOG, which
will permit the building of an emergency services complex at the Lely
Cultural Center, is not approval to build such a complex there.
MR. MUDD: That's absolutely correct.
CHAIRMAN COYLE: You will have to come back to us to get
approval to do anything. This is merely the acceptance of an
agreement that says it is a permitted -- it can be a permitted use there,
right?
MR. MUDD: Yes, sir. We would -- before we do anything, we
have to do everything that's legally sufficient in the process.
CHAIRMAN COYLE: That's right.
MR. MUDD: And as a minimum, we have to come back to the
Board of Commissioners to get an approval to go to construction.
CHAIRMAN COYLE: And you will have public hearings, you
will have public meetings with the neighborhoods --
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: -- and things like that. So this does not
represent a final decision on building an emergency service complex
anywhere.
MR. MUDD: That's correct.
CHAIRMAN COYLE: Right? It's just an acceptance of an
agreement that says it's possible to do it.
MR. MUDD: It gives you another alternative, sir.
CHAIRMAN COYLE: Okay, good.
COMMISSIONER HALAS: I make a motion for approval.
CHAIRMAN COYLE: Okay. We have a motion for approval
by Commissioner Halas.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: And a second by Commissioner Coletta.
vVe have some public speakers, but Commissioner Henning wants to
say something.
COMMISSIONER HENNING: Just a question. This agreement
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"~_..-~
September 13, 2005
or any other promises to the folks down in Lely will not compromise
or break any laws or Ordiné:lnces of the Board of Commissioners?
MR. MUDD: That's right, sir.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yeah, couple fast questions. What
does NV mean? In the third paragraph it talks about a settlement
agreement, and it talks about Texas Industries, and then it says NY
and Cultural -- at Collier Cultural and Education. What is NY?
MR. MUDD: I do not know, David, unless it's part of the --
COMMISSIONER FIALA: I just want to know what I'm voting
on.
MR. WEIGEL: No. Well, the NV is initials for a legal entity. I
can't think of what it stands for right now.
COMMISSIONER FIALA: Anybody? Staff? Anybody know
what an NV is?
COMMISSIONER HENNING: Sounds like a company or
something.
COMMISSIONER FIALA: It does, except --
MS. PRICE: I believe it was a company that at one point in time
had an interest in that adjacent property, but they no longer do.
COMMISSIONER FIALA: Okay, fine. Second question is,
we've always been talking about EOC and now we're talking about an
ESC. What's the difference?
MS. PRICE: The EOC is one of the components of the ESC.
ESC is your emergency services complex within which will be the
911 center, the sheriffs substation, the EOC, emergency management
staff, et cetera.
COMMISSIONER FIALA: That's great.
MR. MUDD: It's an office building. EOC is j,:!st one tenant.
COMMISSIONER FIALA: Good. And I know that we're not
discussing how we're going to build it or design or anything, I just
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September 13,2005
wanted to put on the record that I have received, and I'm guessing the
other commissioners have received, a request that the architectural
design will be -- will fit in comfortably with the community, it will be
vetted at a community meeting.
And I'll just say that, you know, we wanted the library to be old
Florida style. Somehow I can't see an EOC being old Florida, but who
knows. Maybe it can be that way, and -- but we'll see.
And the last thing I had was, in the little map that you showed us,
I know that there are a lot of wetlands, because I was on the property,
where are those on that little map?
MS. PRICE: Which little map are we talking about?
COMMISSIONER FIALA: Oh, we had a little map, I can't
ren1ember. This one on page 10, G, the last page, it shows you a little
map of where the library will go and where the EOC will go.
MS. PRICE: That one?
COMMISSIONER FIALA: Page 6 of 6, yeah.
MR. MUDD: Commissioner, that circle area, the circle that sits
there that borders the school property.
COMMISSIONER FIALA: Yeah.
MR. MUDD: That is -- that is a wetland that's jointly owned
betvveen the two, and we don't intend to get into the wetlands so we
vvon't have to mitigate for that. We plan to leave it that way.
COMMISSIONER FIALA: Great. I think that you've answered
all my questions. And everybody knows how I feel about planning for
the future, and I don't know that it can be done on this site, so I won't
bother to go into it again, so thank you.
CHAIRMAN COYLE: We have some public speakers?
MS. FILSON: Yes, Mr. Chairman, we have two public speakers
on this one and four on 8B. One of the speakers on this one is also
registered for 8B.
CHAIRMAN COYLE: Okay. Let's take the two public
speakers. We're dealing specifically with this item, G, this agreement.
Page 122
September 13,2005
MS. FILSON: David Bryant. He'll be followed by Wayne
Sherman.
MR. BRYANT: Good afternoon, Mr. Chairman,
Commissioners. Thank you for allowing me to be here this afternoon.
I'm David Bryant. I'm the district counsel for the Lely Community
Development District.
And I assume all of you got a copy of the resolution that the
board of supervisors passed. And understanding we're not here today
to make a final decision, I appreciate you bringing that out,
Commissioner Coyle.
But the board wanted to go on record to share their feelings with
the Board of Commissioners so that they -- you would know their
intense desire that the library not be impeded at all in the construction
and that the cite be aesthetically appealing for both buildings.
The board is not opposed to your building it there. They
understand the life safety issues that this board is considering with
building that new type of facility. So they're not taking an adversarial
position. They're supportive of it.
The main thing that the board of supervisors would like this
board to do is to direct your staff at the right time to see that the
library is not forgotten about, that the time frame is continued to build
it, and that, as I said, it be architecturally pleasing between the two
buildings.
And if you have any questions, I'll be glad to answer them.
CHAIRMAN COYLE: Thank you very much.
Commissioner Henning?
COMMISSIONER HENNING: In the Board of Commissioners'
capital improvement element, it states that the south regional library,
in this case, at the Lely property, is scheduled for 2007/2008. Is that
your understanding? .
MR. BRYANT: I haven't read that, Commissioner Henning. But
it was my understanding from the board members on the board of
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September 13, 2005
supervisors I've chatted with, that I thought the time frame had been
moved up. Now, maybe Commissioner Fiala might have some
information on that, but I thought that it had been moved to an earlier
time. That might be still the time, I don't know. But I appreciate you
bringing --
COMMISSIONER HENNING: This 2005 capital improvement
element states that.
MR. BRYANT: Okay . Well, I appreciate you bringing that out.
The main thing is that the board of supervisors wanted to -- wherever
-- which capital improvement element it's in and the time frame, that it
not be pushed back. That was their concern.
MR. MUDD: Commissioner, at this time we have that scheduled
to start construction in December of 2006 so we make the 2007/2008
time frame in order to have the thing built.
MR. BRYANT: Thank you, Mr. Mudd. That's where I got the
earlier date, I assume my board did, from the 2006 date.
CHAIRMAN COYLE: Okay. All right.
MR. BRYANT: Thank you.
MS. FILSON: Your final speaker, Mr. Chairman, is Wayne
Sherman.
MR. SHERMAN: I don't care to speak.
MS. FILSON: That's your final speaker.
CHAIRMAN COYLE: Okay. Very well. And we had a motion
to approve, did we?
COMMISSIONER HALAS: Yes, we did.
CHAIRMAN COYLE: Yes, we did. Motion was by
C o111missioner Halas, it was seconded by Commissioner Coletta for
approval.
Is there any further discussion?
(No response.)
CHAIRMAN COYLE: We will close the public hearing.
All in favor, please signify by saying aye.
Page 124
September 13, 2005
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
It passes unanimously.
Do you want to go back to 8A -- 8B now; is that what you want
to do?
Item #8B - DISCUSSION CONTINUED FROM EARLIER IN THE
MEETING
MR. MUDD: Yes, sir. Let's go do that before you decide to
change any design plans.
CHAIRMAN COYLE: Okay. Now we're ready for the
petitioner's presentation on 8B.
MS. PRICE: Good afternoon, Commissioners. For the record,
Len Price, administrative services administrator.
I've brought a series of slides with me today that are designed
mostly to answer your questions rather than to belabor this
presentation.
As has been said before, this is an office building that we're
looking to build. Our original request was to ask you to amend the
PUD at the Bembridge site to allow for this building.
Inasmuch as it appears as though you've opened the doors for us
to look at alternative sites, this Lely site being one of them, what we're
asking for you to do today instead would be to amend the Bembridge
PUD to authorize the school that's already there, the EMS station that's
being built there, and to allow for a second school sign so that they
can put up a marquee, as has been put up at almost all of the other
schools within the district. Those are our recommendations today.
Page 125
September 13,2005
You accurately said that we are not actually asking you for
approval to put it on the site at Lely today, only to open up the doors
for that as well as Commissioner Fiala asked us to talk about the
landfill as a possible alternative.
So unless you've got any specific questions about what we're
doing, I'd like to move the presentation forward and discuss the two
alternatives that we'd like to look at as opposed to the Bembridge site
right now.
CHAIRMAN COYLE: Wait a minute.
MS. PRICE: Did I go too fast?
MR. MUDD: Yes.
CHAIRMAN COYLE: No, I'm too slow. This is an item to
n10dify the Bembridge PUD. It is not an item which requires a
discussion about alternatives.
MS. PRICE: That is correct, except that we were requested to
bring this discussion back at the point of the continuance.
CHAIRMAN COYLE: Okay. Can we deal with the
modification of the Bembridge Emergency Services Complex PUD
and then talk about alternatives?
MS. PRICE: I see no reason why not.
CHAIRMAN COYLE: Okay. Because this particular item says
that's what we're here to do, right? And if I understand you correctly,
\vhat you're really saying you want to do is to remove the emergency
services complex as a permitted use in the Bembridge PUD.
MS. PRICE: Under the amendment, correct.
CHAIRMAN COYLE: Okay, okay. I just want to make sure the
public is clear on that. We are -- you're asking us to vote on removing
the emergency services complex as a permitted use in the Bembridge
PUD?
MS. PRICE: As part of our request, it wasn't a permitted use up
to this point. So, yes, there was a request for an amendment. We
\vant to amend that amendment to remove the emergency services
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September 13, 2005
complex.
CHAIRMAN COYLE.: Okay. Let's deal with this one at a time
then, okay? Do we have any particular speakers on that particular
issue?
MS. FILSON: Yes, sir. We have four.
CHAIRMAN COYLE: Okay.
MR. MUDD: Go ahead, Kay.
CHAIRMAN COYLE: Go ahead.
MS. PRICE: We came to further complicate.
MS. DESELEM: Good afternoon. For the record, Kay Deselem,
principal planner with zoning and land development review
department. I just wanted to go on the record that you do have an
updated executive summary. Staff is recommending approval of the
amendment as it's currently stated to allow for the school and school
expansions and --
CHAIRMAN COYLE: And sign.
MS. DESELEM: -- and fire station on site. We did provided
findings.
MR. MUDD: EMS.
MS. DESELEM: EMS, I'm sorry, EMS. And we did provide
findings to you in support of that. We believe it's consistent with the
growth management plan.
And if you have any questions, I'd be happy to answer them.
CHAIRMAN COYLE: Okay, thank you.
Any questions? Commissioner Halas?
COMMISSIONER HALAS: Yes. You said that for school
expansion, so are you assuming, or are we to assume that this property
would be then sold back to the school board?
MS. DESELEM: I can't make that assumption. I don't know
what the plans are. But if you got, hopefully, the re,:,ised master plan
that was sent yesterday, the site that originally showed the emergency
operations center facility, now referenced school or educational plant
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September 13,2005
facilities. So they could potentially put a school facility there and/or
add on to the existing Caloosa Park. But what the future plans are as
far as potential purchasers, I don't know.
COMMISSIONER HALAS: I'd like to leave all our options
open, because I believe that'd be a great place for affordable housing,
especially for the citizens that work in Collier County.
MS. DESELEM: As currently written, the PUD document does
not include that as an allowable use, so that would be -- require some
language changes to the PUD document.
COMMISSIONER HALAS: I think we need to maybe look into
that or investigate that, because I know that affordable housing is a
real issue, especially for county employees or schoolteachers which,
again, is county employees. So I just think that that -- we should leave
our options open.
CHAIRMAN COYLE: Okay. We have four public speakers,
right?
MS. FILSON: Yes, sir. The first one is Wayne Sherman.
MR. SHERMAN: I defer to speak.
MS. FILSON: Marlene Sherman. She'll be followed by Marcia
Feeney.
MS. SHERMAN: Good afternoon. My name is Marlene
Sherman. I'm not sure I understood exactly what you're trying to do to
the Bembridge PUD, so I have a statement to make.
Okay. I'm a full-time resident of Collier County, and I'm here to
address the proposed changes to the PUD as stated in the newsletter,
although I understand it has been somewhat modified. Okay.
The proposed changes that were stated include an EOC, which I
understand you've changed the terminology on that; other government
facilities -- this is what I have a problem with -- not specified, and an
education plant, which I'm not sure what that means~ along with the
existing elementary school.
If one would believe the articles that the county sites for the
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September 13, 2005
EOC, or whatever you're intending to call it now, is going to be placed
at either Lely or the landfill, as seems to be the options at the moment
-- okay, okay. I recommend that no changes be made to the
Bembridge PUD. It is my belief that approving the PUD changes
would be like providing a blank check to build any type of facility,
because I'm having questions when you say other government
facilities, because I don't know what that means -- with no regard to
the residential zoning height restrictions.
Now, I've heard talk about affordable housing. I personally think
that's a great idea for the county. To me that's residential. And so I
would think you wouldn't want to take away the residential zoning on
that particular PUD. So I recommend that no changes be made at this
particular time until a decision is made exactly what the land use is
going to be for of the undeveloped land use.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MS. FILSON: The next speaker is Marcia Feeney. She'll be
followed by Amy Taylor.
MS. FEENEY: Hi. My name is Marcia Feeney, and I'm here
representing the president and the board of directors of Countryside.
I've appeared before you before in May and have subsequently
met with a few of you individually voicing Countryside's opposition to
the Santa Barbara site.
It was never our position, as many have been indicated, that our
opposition was based solely on, not in my back yard, but rather that it
was a position supported by evidentiary facts such as storm surge and
ability to communicate to all of Collier County.
Our testimony in May addressed these issues when we asked you
to look for a more appropriate site. We have seen what can happen
when there is inability to communicate during a time of disaster,
which we all witnessed with the unfolding of Katrina.
In relocating to the Lely site or possibly the landfill, Collier
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September 13, 2005
County will be able to build according to the original building plans.
You will have a communication tower that will reach all of our
citizens.
We wish to express our sincere appreciation to all of the
commissioners, to the county manager, Mr. Mudd, and to all of the
county staff. We thank you for looking forward and trying to establish
a strong and vibrant EOC which will benefit all of Collier County.
Thank you.
CHAIRMAN COYLE: Thank you.
(Applause.)
MS. FILSON: Your final speaker is Amy Taylor.
MS. T A YLO R: Good afternoon, Commissioners, Chairman.
My name is Amy Taylor, for the record, and I am here representing
Collier County public schools.
As you know, Caloosa Park Elementary School is on that site,
and it's an existing school. The change to the Bembridge PUD, as we
became involved with it, was to ensure that that school is -- would be
a permitted use. At the time it was constructed, schools were
permitted in any land use, including PUDs. At a certain point that
changed, so we participated so that that PUD would be cleaned up and
it would be -- the school, the existing school would be represented
accurately within the PUD document.
In terms of -- and I want to address what Kay had said and
actually Commissioner Halas as well. We have -- we sold that
property actually to the county because we did not have any plans for
expansions. It's actually too small for a school that we typically build.
It's actually divided from the elementary school by quite a
significantly large lake, so expanding even the elementary school into
that site would be problematic. Any future use is always possible but
nothing that we have in our plans at this time. ,
We would -- we would not have any -- we don't have any plans
to purchase that site, so we would be open to any additional uses that
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September 13,2005
the commissioners and the community would find reasonable and
appropriate for that site.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MS. FILSON: That was your final speaker.
CHAIRMAN COYLE: Okay. We'll close the public comment
period.
MS. DESELEM: Excuse me. If I may, before you do that.
CHAIRMAN COYLE: Yes.
MS. DESELEM: I have spoken with other staff members. It
appears as though, because of the way this was advertised, to remove
residential uses, you would need to -- the petition would need to be
readvertised. If you wish to add residential units, we can't just add
then1 back in. It would require an analysis to how many units and
\\hether or not it's consistent with the GMP.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, if we approve what you're
asking, we're removing the residential. If we disapprove it, we have
the residential.
MS. DESELEM: That's correct.
COMMISSIONER HENNING: So I mean, I hate to do this. If
\ve keep the residential, recognize the agreement with the school board
for their sign, recognize the EMS station, and recognize, again, the
residential, then our opportunities on that piece of property are far
greater than any analysis and the expense that would be, and I think
the school board would appreciate housing for teachers. I think -- I
k110\V that I would recognize the need for housing for professionals in
the county. I think that's what Commissioner Halas was trying to get
at.
COMMISSIONER HALAS: That's correct.
COMMISSIONER HENNING: Yeah. So if we can get there by
-- I hate to do this, a continuance, for an advertisement, it would cost
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September 13, 2005
the taxpayers less. Because if we keep the residential on there, it's
already zoned.
CHAIRMAN COYLE: Well, that's right. Can't we just do this
by making a different -- a different -- providing different uses than
what you've specified, that is, leave the other uses in there and merely
recognize those you want to keep, and leave the residential component
alone?
MS. DESELEM: It sounds like a good idea, and I'm not making
a judgment call as to whether the residential uses are good or bad. I'm
just saying, the way it was advertised and originally proposed, we
can't go back now and add residential uses without readvertising that
use.
CHAIRMAN COYLE: Now, wait a minute. Doesn't it currently
pennit residential uses?
MS. DESELEM: Currently it does. The only way you could
keep that would be to deny this amendment. But if you deny this
amendment, you also lose the deviation for the sign for the school and
the clarification of the EMS and the existing school. They would still
be allowed to be there because we've already detennined they're there
legally, so to speak.
CHAIRMAN COYLE: So we cannot make -- the board cannot
make a decision that is not in complete confonnance with the staffs
recommendations?
MR. MUDD: I'm going to defer to the county attorney on this.
CHAIRMAN COYLE: Yeah. That's the best thing to do.
MS. STUDENT: Yeah, thank you. I think that you could
approve what you have before you now, but the issue -- yes,
multi-family is already pennitted in the PUD. Unfortunately, the
advertising said to remove the residential component.
Also, it's been mentioned that this would be for affordable
housing, and would do a different type of density analysis for
affordable housing than you would for what's in there. What is in the
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September 13, 2005
existing PUD is an approved density up to eight dwelling units an
acre, and that was four for the base density, plus three because it's in a
density band.
And so, you might have some additional density for affordable
housing. That was -- that was part of it. And the other part, again,
says to remove residential.
Now, I may wish to confer just for a moment, have a sidebar with
Mr. Weigel just a little bit more, because the ad specifically said
removing residential, what our parameters would be since people read
the ad and are here and -- for it. And if there is a problem --
CHAIRMAN COYLE: Let me just get to a question first to
clarify this debate, because we've got three commissioners who want
to speak here, and I'm not going to take a lot of time on it.
I just want to make sure we're speaking about the right thing.
The staff comes to us on numerous occasions in advertised public
hearings with recommendations. In many cases we do not accept the
recommendations in their entirety. We change their
recommendations.
MS. STUDENT: That's right.
CHAIRMAN COYLE: And so my question to the legal staff is,
how would the position that the commissioners are discussing right
now, ho\v would that violate the advertising requirements? Because it
was merely advertised as a consideration to do certain things. If we
decide not to do it --
COMMISSIONER FIALA: Right.
MR. WEIGEL: Commissioner, Mr. Chairman, I couldn't agree
\vith you more. The advertisement just indicates what you may be
considering to do. And so if you leave the status quo of any particular
elen1ent that's in there and wish to change other elements that are
properly advertised, there's no problem whatsoever. .
CHAIRMAN COYLE: Okay. That's what I thought. I think
C olnmissioner Fiala was next.
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September 13, 2005
COMMISSIONER FIALA: Yes. And Ijust want to plant the
seed right now. Commissioner Halas mentioned affordable housing,
and he talked about teachers. But teachers don't qualify for affordable
housing, as you're probably well aware.
But we're working on a new approach, and that's called gap
housing, and I've been keeping it close at hand. I didn't want to just
announce it here at this meeting because there's still some things to do.
But what a perfect place for our gap housing, which means that
housing that is not considered affordable or workforce or anything, but
it's priced for those people like teachers, firemen, police officers --
CHAIRMAN COYLE: Commissioners.
COMMISSIONER FIALA: -- hospital technicians,
commissioners, people who make about what we make, and it would
be perfect. And so for anybody -- is Rich Y ovanovich in the room, or
is anybody here that knows a developer? This might be a perfect time
to launch that effort.
MR. MUDD: Commissioner, I would -- one correction to your
statement. For a commissioner, not commissioners, because they'd
have problems with the district that they're in, I believe.
COMMISSIONER COLETTA: We could restrict the whole
thing.
CHAIRMAN COYLE: Who was next, Commissioner Coletta or
Commissioner Halas?
COMMISSIONER COLETTA: Yes, Commissioner Coletta.
CHAIRMAN COYLE: Okay, go ahead.
COMMISSIONER COLETTA: Yeah. I want to give
Commissioner Halas my compliments for thinking out of box a little
bit. We're missing an opportunity; however, I think what we need to
do, if we're going to continue it, is continue with the idea that we're
going to come back with all the options as far as ho~sing goes, and
then we can sit here and we can discuss it at that time, rather than limit
it at this time.
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September 13, 2005
But I agree with Commissioner Fiala that we do want to target
the school system, we want to target the sheriffs department, county
el11ployees, and what we're going to try to do is along the road, maybe
try to encourage the hospitals and other entities out there to start
joining in to find their home properties to --
COMMISSIONER FIALA: I'm working with them now.
COMMISSIONER COLETTA: -- develop to be able to make
this work.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. Whether you call it gap
housing or what, whatever, I know our school teachers only make
around 32,000 starting, and I believe the sheriffs deputies, around
29,000, somewhere in that time frame (sic).
So I'm not sure where affordable housing drops off and then
where gap housing picks up. But whatever -- whatever fits the pie
here, hopefully it can be a public/private partnership that we can get
sOl11ething of this nature taken care of. But I think you need to __
COMMISSIONER COLETTA: Make a motion.
COMMISSIONER HALAS: -- make a motion that we approve
this PUD with the EMS site in -- on it and also the variance for the
sign for the school. What else do we need to cover in that motion?
A.nd that --
MR. MUDD: Maintain the residential.
MS. PRICE: The school itself.
COMMISSIONER HALAS: Pardon?
COMMISSIONER FIALA: Residential.
CHAIRMAN COYLE: Retain the residential
COMMISSIONER HALAS: Retain the residential.
MR. MUDD: And recognize the school that exists.
COMMISSIONER HALAS: And recognize the school that
exists, okay.
COMMISSIONER COLETTA: Second.
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September 13, 2005
CHAIRMAN COYLE: Okay. We got all the elements in there?
COMMISSIONER HALAS: We've got everything in there.
CHAIRMAN COYLE: We've retained residential, we accepted
EMS, we accepted the school, the existing school.
MR. MUDD: Double sign.
CHAIRMAN COYLE: And then double sign.
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: Okay. Is there a second to that motion?
COMMISSIONER COLETTA: I'm right here.
CHAIRMAN COYLE: Okay. Commissioner Coletta seconded
it.
Any further discussion?
We closed the public hearing, I believe, earlier.
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 carries unanimously. Thank you very
much.
Item #10H
RECOMMENDATION TO APPROVE A $91,750.00 CHANGE TO
CONTRACT #03-3448, PROFESSIONAL ARCHITECTURAL
AND DESIGN SERVICES FOR COLLIER COUNTY
EMERGENCY SERVICES COMPLEX, WITH HARVARD JOLLY
TO SITE ADAPT THE PROJECT TO THE LEL Y SITE - DIRECT
STAFF TO PREPARE FINAL SITE RECOMMENDATIONS-
Page 136
September 13, 2005
APPROVED WITH STIPULATIONS
Now you want to go to 10H, Mr. Mudd?
MR. MUDD: Yes, sir. 10H. It's a recommendation to approve a
$91,750 change to contract 03-3448, professional, architectural, and
design services for Collier County Emergency Services Complex with
Harvard Jolly on site -- to site adapt a project to Lely site. This item,
again, is a companion to 8B and is also companion to lOG above.
CHAIRMAN COYLE: Okay. Now, with respect to thél;t one,
because I short-circuited a presentation that you were going to make
earlier about evaluation of certain other sites, I would like to
deten11ine if you really want to -- we can certainly grant you authority
for modification to the architectural contract, but would you do that
before you come to us with respect to any other alternative sites you're
evaluating?
MS. PRICE: I'm not sure how to answer that question. I would
have to say that that would be -- that would be something you need to
direct us.
We believe that the Lely site meets all of our criteria and are
prepared to ask our architect to do the site adaption; however, if you're
directing us to instead come before you to make a determination if we
should look at any other site, then that's the way we would handle it.
And if you approve this item, we would hold it in abeyance until we
get the further authority.
CHAIRMAN COYLE: Okay. Then I'll have to defer to the
other commissioners to see how they feel about that. And we'll go to
C on1missioner Henning.
COMMISSIONER HENNING: I'd just like to get this thing over
\vith.
CHAIRMAN COYLE: Yeah, me, too.
COMMISSIONER HENNING: Geez.
MR. MUDD: Commissioner, if you remember--
Page 137
September 13, 2005
COMMISSIONER HENNING: I'll defer.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I think that we're pretty much in
agreement that we need to move forward and stick -- and quit kicking
this can down the road.
I think we need to make sure that whatever we decide here today,
we need to move in the direction of hopefully putting together an EOC
center.
And I know the landfill has been discussed, but I believe the
landfill, when you look at how close it is to one of our major highway
systems, that then becomes a very clouded issue. Because it's my
understanding that FEMA would like us to have an EOC center that is
no greater than one mile from any type of, whether it's a transportation
system, whether it's an expressway, whether it's a rail line or whether
it's a shipping port or airport.
So I think that kind of limits our options at this point in time.
And if -- if I'm wrong, I need to be corrected on that, but -_
CHAIRMAN COYLE: Okay.
MR. MUDD: Commissioner, if you remember--
CHAIRMAN COYLE: I'm sorry. Go ahead.
MR. MUDD: If you remember correctly -- and you're talking
about site alternatives. If you remember in the June briefing we gave
you, we went -- when we had an issue where the Planning
Commission was talking about different alternatives, we took
everybody's input and we went through and we did an analysis, I had
staff do an analysis of all the site alternatives that are on this particular
slide.
When they were all finished, you know, the Bembridge property
was the number one because of the location, just like any real estate,
location is everything. And then we've also heard fr~m Countryside,
the residents there and their concerns.
The Lely site was our number two alternative, okay. Again, it
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September 13, 2005
has to do with location and the ability to get from point A to point B,
to get to Marco, to get to North Naples, or get wherever you have to
go in between in order to have our folks go.
Now, the other piece that you also have to be cognizant of, is
1- 7 5 -- when you talk about the evacuation side of the house, 1-75
turns into a bit of a -- if they're all going in the same direction, it could
get very crowded as far as people evacuating if we have a severe
storm that's approaching us.
What you don't want to do is get yourself one side or the other
where you're impacted by that particular highway.
The other alternative when you talk about anything to the east of
1-75, it becomes problematic because you're trying to do the 911 site,
which is the emergency operators taking calls, okay, and dispatching
to all their different stations.
One of the sheriffs desires was, if he was going to have that
facility, to have a police presence, and that's why the substation is
co-located in that building because he would like to have that there in
cases there's something that they can't handle in order to get that done
in a more immediate fashion. So you know, he wanted to have that
security side of the house.
If you get on the other side of 1- 7 5, you get him out of the East
Naples district, which is one of his deficits are far as coverage is
concerned. The facility he has right now he doesn't believe is
adequate for the purposes that he needs to do, and that's down in
Naples Manor right now.
So the Lely site was the number two. But we're always prepared,
if you need to, we'll go through all those alternatives again, or if we
can get specifically to Commissioner Fiala's concerns about the
landfill. It's the board's discretion. We're prepared to do whatever
you'd like us to do.
CHAIRMAN COYLE: All right. Commissioner Fiala?
COMMISSIONER FIALA: Yes.
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September 13, 2005
CHAIRMAN COYLE: Tell us, what would you like to do?
COMMISSIONER FIALA: Thank you. I'm sold on the Lely
property. I think that's great.
I want you to just help me through a couple of these things, okay.
First of all -- and we've already talked about this, so I know the
answer, but just so everybody else knows the answer. What are we
going to do about a helicopter pad?
MS. PRICE: The airport.
COMMISSIONER FIALA: Well, no. Jim Mudd really has a
great answer so -- that's going to be close by.
MR. MUDD: Yeah. There is a separate -- what do you call it,
wIng --
COMMISSIONER FIALA: Wing South.
MR. MUDD: Wing South.
COMMISSIONER FIALA: Right.
MR. MUDD: Wing South is a neighborhood that exists off of
Rattlesnake Hammock. Help me.
CHAIRMAN COYLE: Go up to the left, right there.
MR. MUDD: Okay. And they have a -- and they have a landing
strip. We're in -- as we work on this particular item, we will work out
an agreement with them. If we have to land a helicopter someplace,
we would land it on that facility where there's adequate -- where
there's adequate opportunity to put an aircraft in, a rotary aircraft.
The other thing I would say to you, if it becomes really an
emergency situation, first of all, we're making no plans on this service
to put anything on the roof of this particular building. But if a
helicopter had to land, for some strange reason, it was the President of
the United States and he had to land at our emergency center because
he wanted to see how things were going, we could probably use one of
the ball fields at the school right next door to put the!ll in, as long as
there were no overhead wires.
COMMISSIONER FIALA: Good. Now that --
Page 140
September 13,2005
MR. MUDD: There's two options.
COMMISSIONER FIALA: We don't have to go into that any
more. But I just wanted to make sure that that was -- I've had a lot of
concerns, because I'm thinking with homeland security, especially
with things heating up, and if they say, we need a taller tower just so
that it would reach into the middle of the Gulf, we don't have space on
this property to do it. We can't even do it in this area, and I was
concerned about staging areas, I was concerned about distribution
centers. I've said all of that. You've heard it all.
The other commissioners feel that that isn't really an important
thing on this particular site. Maybe we'll be doing it elsewhere. I just
want to make sure that we then don't have to build another emergency
operation center someplace else because we didn't plan for it now.
So somehow in this thing I want it written that for the next 25
years we're fine with this property because we've built it out to
whatever we want it to be.
So that's all. I just wanted to make sure, because it seems I'm
always thinking ahead, and sometimes -- well, anyway, I'll skip that.
That's it.
MR. MUDD: Yes, ma'am. I can't -- I can't tell you -- the one
thing I can't say for certain -- okay, and I agree with everything you
said and they were all good points.
I believe there is adequate capacity in this building without
getting it any higher than it is in order to provide that particular
function and be expandable for that 25 years.
I cannot tell you for certain if that property will be in
unincorporated Collier County at that time, okay, and that's the only
thing I can tell you -- that's the only thing I don't know. I don't know
if there's another municipality that's going to come up from a CDD, or
whatever, that you're going to another city to someplace else and it's
going to sit in the middle of it, and some future board might decide
that that's going to become part of that city's emergency operation
Page 141
September 13, 2005
center where Collier County would have to move theirs someplace out
to the rural area.
Now -- and I just want to throw that one out. I'm thinking -- I'm
out of the box, and I'm really thinking. But you talk about build-out
some 30 years ago in Collier County with some one million residents
and taxpayers, things can happen.
COMMISSIONER FIALA: Okay. Just so that I've placed all
my concerns on record.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: That's basically where I was going
to make sure that the facility that we're planning at this location was
going to fit into our plans for the next 30 years or 25 years. We're
going to be putting an awful lot of money into this thing.
And, of course, each day that we kick this can down the road, it's
costing us a lot of money. And I really think that -- I hope that my
fellow commissioners will really understand the importance of this.
This is for a public benefit for all the citizens of Collier County,
and I sure don't think we want to get into the dire straits that we've
seen our neighbors to the north here in Louisiana, Mississippi, and
Alabama, and I've push very strongly for this.
COMMISSIONER HENNING: That's Bush's fault, right?
CHAIRMAN COYLE: Yeah.
Okay. Any further comments or questions? We are on-
Item #10H
COMMISSIONER HALAS: 10H.
CHAIRMAN COYLE: -- lOG -- H.
MR. MUDD: H.
CHAIRMAN COYLE: Is there a motion to approve this change
to the architectural contract pending staff presentatiòn to the Board of
County Commissioners concerning the final site selection, or are we
Page 142
----.'
September 13, 2005
saying this is it?
COMMISSIONER COLETTA: This is it.
COMMISSIONER HALAS: This is it.
MS. PRICE: You've got the opportunity to say this is it right
now.
CHAIRMAN COYLE: Then what we would do for the rest of
the meetings this year?
MS. PRICE: I'm sure I could come up with some good ideas.
MR. MUDD: Commissioner, staffs recommendation is, the Lely
site is our number two. The first alternative went off the table.
I would recommend to the Board of County Commissioners to
direct staff to do this amendment, to start working on the Lely site,
and then to let us start setting up our meetings with the neighborhood
to talk to them about their concerns to make sure that we integrate
everything into this particular site, with library, to make sure that
everything is -- everybody's in agreement, get as much as we can in
that process.
COMMISSIONER HALAS: I make that motion exactly as our
county manager has just stated, and I believe all the information is on
the record.
COMMISSIONER FIALA: And I'll second that as long as it
states also that it's going to go through the whole public process of
EAC and CCPC.
MR. MUDD: Ma'am, it might not have to go there. This is a --
this is a permitted use on this particular --
COMMISSIONER FIALA: No, no, no. You know what, we
stated earlier we did want it to go through the EAC and the CCPC,
didn't we?
COMMISSIONER HENNING: I don't remember that. I could
be wrong. .
MS. PRICE: I thought we were talking about the neighborhood
meetings. This is a permitted use on the Lely site. There would be no
Page 143
September 13, 2005
need to have to get authorization for any type of a rezone or any of
those other things. The reason we were coming before you on
Bembridge is because it was not a part of the original residential
zonIng.
MR. MUDD: It wasn't a permitted use.
MS. PRICE: It was not a permitted use.
COMMISSIONER HALAS: This is a permitted use.
MS. PRICE: It is a permitted used on the Lely site.
COMMISSIONER FIALA: So you wouldn't put this through the
CCPC?
MR. MUDD: You don't have to, ma'am. It's a permitted use on
the particular site.
MS. PRICE: It's already covered under the Land Development
Code.
COMMISSIONER FIALA: I withdraw my second.
COMMISSIONER COLETTA: I'll make the second then.
CHAIRMAN COYLE: Okay. Commissioner Coletta then.
makes the second.
Commissioner Henning?
COMMISSIONER HENNING: Why do we have two design
companies on this? We've got, I guess, our original one, Harvard
Jolly, but then we have TKW.
MR. HOVELL: Ron Hovell, principal project manager in your
facilities management department.
Sir, TKW is a subconsultant to Harvard Jolly. They're the land
use petitioner, or I'm sorry, they developed the master plan and did the
site civil engineering. Coastal Planning and Engineering was the ones
that had done the actual planning application, but they were all
subcontractors to Harvard Jolly.
COMMISSIONER HENNING: When we approved the original
contract to Harvard Jolly, Howard (sic) Jolly, whatever, did we have
the list of subcontractors on there? It's just the first time I've ever seen
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September 13, 2005
it.
MR. HOVELL: I wasn't here that long ago, but I'm pretty sure
we would have had the full list. Harvard Jolly is an architect. They
would not do site civil or structural or planning type of applications.
COMMISSIONER HENNING: Okay. Thank you.
CHAIRMAN COYLE: Okay. We have a motion on the table.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER FIALA: I'm opposed now.
CHAIRMAN COYLE: Okay. Commissioner Fiala's opposed
now. So it passes 4-1, despite her opposition.
COMMISSIONER COLETTA: Yes, sir, make her feel good.
CHAIRMAN COYLE: It will still go through the public review
process.
MR. MUDD: Absolutely.
CHAIRMAN COYLE: And then, quite frankly, the
neighborhood and the people who live in the area, their review, in my
opinion, in this particular case, is the most important part.
MR. MUDD: Yes, sir.
MS. PRICE: And we will have extensive meetings with
everyone, as well as we're working jointly to make sure that the two
buildings that are going to be on the site, that we're going to
coordinate them so that they complement one another and that there's
no competition over the time and whatnot. We've got the same project
manager on the two projects so that there'll be a lot of cooperation.
CHAIRMAN COYLE: And by the way, the P~anning
Commission members have been extremely helpful in helping us
improve the quality of some of our projects, so there is nothing that
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September 13, 2005
'vvould prohibit us, that I know of, that we could inquire, ask those
111embers of that committee, Planning Commission, for their input on
this before we reach our individual decision, so there is still an
opportunity for you to get that counsel, if you wish to do so.
MR. MUDD: Yes, sir.
COMMISSIONER FIALA: I wouldn't be able to study.
CHAIRMAN COYLE: Well, they could.
MR. MUDD: If you want, I can put it on their agenda and make
sure that we do a complete presentation to them so that they're aware,
and we can take their comments and get those comments and bring it
back to you. We can do that. It's not to circumvent anything, I'm just
telling you that it's a permitted use on the property. There's no legal
requirement to do so.
But look it, nobody in the county staff wants to take -- you know,
we want everybody engaged in this particular process.
MS. PRICE: Absolutely.
COMMISSIONER HALAS: I hope this isn't the deal with the
building height. Four stories, to me, is not -- shouldn't be a problem in
regards to that particular area. I think we've already addressed the
building height.
MR. MUDD: No, it is.
COMMISSIONER FIALA: No, I already seconded it. It was
tine with me. I just thought we were going to go through the proper
process.
CHAIRMAN COYLE: Well, we are the proper process, okay.
It's just we never -- we never take these kinds of things to the CCPC.
So this would be a deviation.
COMMISSIONER FIALA: We've never had anything like this.
I !11ean, it went through the CCPC before, so --
COMMISSIONER HALAS: It's an authorized PUD use.
COMMISSIONER FIALA: Huh?
COMMISSIONER HALAS: It's an authorized PUD use. It's
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September 13, 2005
right in our Land Development Code, so it's there.
COMMISSIONER COLETTA: May I suggest that you hold
some community meetings down there in Lely? I'd be more than
happy to attend it.
COMMISSIONER FIALA: Yeah. Just so that the information is
COMMISSIONER COLETTA: Yeah. I have no problems
attending that.
COMMISSIONER FIALA: And they actually said, the
community meetings are fine. It's just, I rely on what the CCPC tells
us. I really rely on some of their suggestions that I wouldn't have
thought of otherwise. They seem so much more knowledgeable, and
they get through all of that stuff, and they can point out little things
that maybe -- you know, when we come here and we listen to some of
the recommendations, we always adopt their recommendations
because we think they're great, and I wouldn't want to --
CHAIRMAN COYLE: No, we don't. We don't always.
COMMISSIONER FIALÞ.l: No, not always, but most of the
time. And we're glad that it's gone through that.
CHAIRMAN COYLE: But there are many, many others that
you never see because it's -- they don't -- they're not required to review
them. They just get done, yeah.
COMMISSIONER FIALA: Sure.
MR. MUDD: We'll get it on the schedule. That's not a problem.
CHAIRMAN COYLE: All right, okay.
Okay. We're finished with that one.
***Let's go back to -- I think we're at 9A now.
COMMISSIONER FIALA: Yes. Motion to approve George
Fogg.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. We have a motion to approve
George Fogg as a member of the Forest Lakes Roadway and Drainage
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September 13,2005
~Advisory Committee. Mr. F ogg was the committee recommendation.
There is a second by Commissioner Coletta.
Anything 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 #9B
RESOLUTION 2005-317: APPOINTING RICHARD SCHMIDT,
(NEW APPOINTMENT) STEPHEN L. PRICE (RE-
APPOINTMENT) JAMES A. PETERKA (RE-APPOINTMENT)
i\ND BYRON MEADE (RE-APPOINTMENT) TO THE COLLIER
COUNTY AIRPORT AUTHORITY - ADOPTED
Okay. Item 9B.
COMMISSIONER FIALA: Motion to approve committee's
recommendations, all four.
CHAIRMAN COYLE: Okay.
MS. FILSON: And on this committee, can I just mention that I
put them under recommendations, but I shouldn't have done that.
That's a quasijudicial board and they don't make recommendations.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Suggested, ignore the
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September 13, 2005
recommendations but take that list.
CHAIRMAN COYLE: Well, they're the only four that applied,
so we may as well do it.
COMMISSIONER FIALA: Forget the recommendations.
CHAIRMAN COYLE: We have to appoint four members, and
four people applied, so.
COMMISSIONER HALAS: I'll second that motion.
COMMISSIONER COLETTA: I did.
COMMISSIONER HALAS: Oh, you did already, okay.
CHAIRMAN COYLE: Okay. So we have a motion by
Commissioner Fiala, and a second by Commissioner Halas to appoint
the four --
COMMISSIONER HALAS: No, no.
COMMISSIONER COLETTA: Go ahead.
CHAIRMAN COYLE: Was is commissioner -- okay -- to
appoint the four applicants to the four positions.
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: That passes unanimously.
Item #9C
RESOLUTION 2005-318: APPOINTING BRENT MOORE TO THE
LAND ACQUISITION ADVISORY COMMITTEE - ADOPTED
Okay. We have a committee recommendation for Brent Moore
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September 13,2005
to --
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN COYLE: -- become a member of the Land
Acquisition Advisory Committee. A motion to approve by
Commissioner Fiala, and a second by Commissioner 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.
Iten1 #9D
RESOLUTION 2005-319: APPOINTING ANTHONY 1. BRANCO
¡~ND ROBERT C. COLE ( WITH WAIVER OF TERM LIMIT)-
i\DOPTED
And we have a committee recommendation to appoint Anthony
Branco and Robert Cole for reappointment to the Lely Golf Estates
Beautification Advisory Committee.
MS. FILSON: And Mr. Chairman?
CHAIRMAN COYLE: And we'll need a waiver for Mr. Cole.
MS. FILSON: Thank you.
CHAIRMAN COYLE: Ifwe accept these recommendations, Mr.
(~ole will need a waiver of the term limitation requirements.
COMMISSIONER FIALA: Motion to approve committee
recommendations.
COMMISSIONER HENNING: Second.
Page 150
September 13, 2005
CHAIRMAN COYLE: Motion to approve the committee
recommendations by Commissioner Fiala, second by Commissioner
Henning.
Any -- 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 #9E
RESOLUTION 2005-320: RE-APPOINTING JOHN CASSIO
(DISTRICT l) RICHARD SCHMIDT (DISTRICT 5) DAVID BUSH
(AT LARGE) AND RE-APPOINTING GAIL DOLAN (NCH),
CAPTAIN AL BEATTY (SHERIFF'S DEPT.), JUDITH NULAND
(HEAL TH DEPT.), JAMES T. MCEVOY (FIRE CHIEF CITY OF
NAPLES), MICHAEL D. MURPHY (MARCO ISLAND POLICE &
EMS) AND ASSISTANT ROB POTTEIGER (COLLIER COUNTY
FIRE RESCUE - ADOPTED
And we have committee recommendations to appoint John
Cassio, Richard Schmidt, and David Bush --
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: -- to the Emergency Medical Services
Advisory Committee. .
And we have a motion by Commissioner Halas, a second by
Commissioner Fiala, for approval.
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September 13,2005
MS. FILSON: And if I can--
CHAIRMAN COYLE: Yes, ma'am.
MS. FILSON: -- mention a couple -- several things on this one.
We also have a vacancy in commission District 2, and Mr. Pacter --
1'111 sorry -- Mr. Denver Stone is currently a member. He's attended
one meeting, so they chose not to reappoint him, but to direct me to
readvertise.
CHAIRMAN COYLE: Yes.
COMMISSIONER HALAS: Yes, please do.
MS. FILSON: And also, I have confirmations down here for the
various organizations that make nominations to this committee, and it
-- and they're all reappointments; however, the county attorney's office
\vould like you to appoint them and not to confirm them.
CHAIRMAN COYLE: Oh, really? Okay. Then let's -- I'll read
the names, and then I'll ask the people who made the motion and
second if they would incorporate them in their motion. Gail Dolan,
representing Naples Community Hospital; Captain Al Beatty, sheriffs
department; Judith Nuland, health department; James T. McEvoy, fire
chief, City of Naples; Michael Murphy, for Marco Island Police and
EMS; and assistant chief Bob Potteiger, Collier County Fire Rescue.
Do you incorporate those appointments?
COMMISSIONER HALAS: That's in my motion.
CHAIRMAN COYLE: Okay. Then we have a motion by
C on1missioner Halas, second by Commissioner Fiala for the
acceptance of the committee recommendations and the appointment of
the other members representing the various agencies that I just read.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
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September 13, 2005
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.) .
CHAIRMAN COYLE: It passes unanimously.
Item #10A
AN AGREEMENT FOR SALE AND PURCHASE WITH THE
DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA
FOR 65 ACRES UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM, AT A COST NOT TO
EXCEED $2,134,500 - CONTINUED TO A FUTURE BCC DATE
- APPROVED
MR. MUDD: Commissioner, that brings us to the county
manager's report. It's item lOA, which is a recommendation to
approve an amendment for sale and purchase with the district school
board of Collier County, Florida, for 65 acres under the Conservation
Collier Land Acquisition Program at a cost not to exceed $2,134,500.
COMMISSIONER FIALA: Motion to approve.
MR. MUDD: Alex Sulecki will present.
MS. SULECKI: Thank you.
CHAIRMAN COYLE: This is money we're getting from the
school board, or are we buying this property from the school board?
MS. SULECKI: We'd like to buy it from the school board.
CHAIRMAN COYLE: Oh, that's a bad deal. We don't get a
discount?
MS. SULECKI: No. Good afternoon, Mr. Chairman,
Commissioners. For the record, my name is Alexandra Sulecki. I'm
the coordinator for the Conservation Collier program.
I don't have a formal presentation for you, but I,'d be happy to
answer any questions that you might have.
CHAIRMAN COYLE: Okay. Who was first?
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September 13,2005
COMMISSIONER COLETTA: I was.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. The way that property is
situated, it lines right up with 17th Avenue. And at one time we were
looking at the possibilities of the right-of-way through there, if the
school did build there, a bridge put in, and then public access being
gi ven to get people back there.
Since then we've been working with the idea of 16th being
extended. Are we protecting our interest with the right-of-way where
we can go back and get the right-of-way, or are we going to freeze
ourselves out if we approve this today?
MS. SULECKI: Well, Conservation Collier, the Ordinance does
allow for sale of lands for conservation purposes and when the
purposes clearly meet stated goals in the Ordinance.
And since public access is a stated purpose, we believe right now
under the current Ordinance we have the ability to sell the
right-of-way, if necessary, to the transportation department because
that would provide public access to this property.
In any case, staff has been working on this exceptional benefits
Ordinance idea that we brought to you before. And we have had a
\vorkshop already with utilities and transportation and parks
departnlent, and we have come up with some agreeable language
\vhich we'll be bringing to you, so we have --
COMMISSIONER COLETTA: Would that be retroactive back
to something like this?
MS. SULECKI: It would, but I believe that we would be
bringing such an Ordinance to you before that road would be
cOl1tenlplated being built.
COMMISSIONER COLETTA: Oh, I'm sure about that. But
\vhat I'nl scared of is, I heard the words, we believe. . Possibly the
county attorney might want to comment on this.
l\re you following this, Mr. Weigel, or did you want me to repeat
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September 13,2005
the question?
MR. WEIGEL: I would appreciate it if you could repeat the
question. Thank you, Commissioner.
COMMISSIONER COLETTA: Sure, be happy to. What it is,
with Conservation Collier, when we put this land into the conservation
trust, are we removing our ability when we find it necessary to be able
to put a right-of-way through for a road?
MR. WEIGEL: Generally we are -- pardon me. Generally we are
potentially losing that flexibility, unless it is provided for in the outset.
Now, we've made arrangements like this in the past, for instance,
with the parcel that was purchased at the corner of Goodlette Road
and Golden Gate Parkway where we, from the outset, indicated some
property that had either stormwater drainage qualities that we needed
to utilize or road right-of-way qualities, and broke out the cost and
delineated that right on.
But if we purchase purely into the conservation aspect, so-called
trust, I think we do potentially, and very likely, run into a problem of
trying to utilize this property for other uses later on.
COMMISSIONER COLETTA: The problem is is that the
alignment of this property could be very close to or be in the 16th
Avenue extension that would go down to 951, and then beyond, hook
up with Green Boulevard. Remember we went through this particular
scenario of all the different possible routes? It's far out in the future.
It's not happening tomorrow. We don't even have it on our 10-year
plan, but the possibilities of it happening 20 years down the road are
there.
And if we start to do something like this and box ourselves in, we
may create a dilemma out there in the far eastern part of the county
that will never be corrected.
And Mr. Feder is here. He may be able to address this. What
kind of language can we put in there to protect our interest?
MR. FEDER: For the record, Norman Feder, transportation
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September 13,2005
adnlinistrator. First of all, Commissioner, you're very correct. It is
further out, but it is an unknown alignment right now, so we would
have the concern.
We've been working with Michael Pettit, as was noted to you, to
conle up with an exceptions Ordinance that's not in effect yet. But
what Mr. Pettit at least had relayed to us on this particular item, since
the property does not have access, that if we were to develop a road
through there that would serve access and access to all these parcels as
part of the consideration.
So I appreciate your concern. We need to get that exceptions
Ordinance in place for future alignments that aren't yet detennined. In
this case though we may be okay moving forward in the sense -- yes,
the word may I did put in there, I know I did.
COMMISSIONER COLETTA: You know you're scaring the
day lights out of me, because I don't want somebody coming back 20
years from now and chasing me down saying, why didn't you exercise
due diligence to protect our ability to build a road that we need today,
but 20 years out. And, you know, maybe --
MR. FEDER: Anything we do in advance of the exceptions
Ordinance, we'd probably have to have that word may in there. But I
kno\v that Mr. Pettit felt comfortable that a roadway, if it was
developed, was also providing access to this site for Conservation
Collier.
COMMISSIONER COLETTA: Okay. Now, I'm playing with
the future of the residents that are going to be living out there way off
in the future. I'm playing with their lives.
Now, how can you assure me that we're safe going forward? I
ll1ean, I know this Ordinance is coming forward. I know that is going
to be predated before it. I don't know if we can roll back on top of it.
COMMISSIONER FIALA: Is there some way we can use the
'.voI'd guarantee or must or--
COMMISSIONER COLETTA: I don't know. See, this is an
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September 13, 2005
ongoIng --
COMMISSIONER FIALA: In your motion maybe can we do
that?
COMMISSIONER COLETTA: Well, I need suggestions.
COMMISSIONER FIALA: Because interconnectivity is what
we've been all about, and that's what you're trying to say, right?
COMMISSIONER COLETTA: Is there a way I can put a
motion together, Mr. Weigel, that will serve both interests?
MR. WEIGEL: Well, there may be, and, perhaps, Norman or
Alex would wish to respond. But we're talking about the purchase of
property here. And to the extent that property is purchased and a part
of it at least is broken out or specified and paid for with other than
Conservation Collier money, then you've guaranteed that you haven't
lost it into the trust arrangement of Conservation Collier as exists
presently.
COMMISSIONER COLETTA: We don't know what the route
would be. It could be anywhere's of two or three. Can we have a
reserve for our route going through there up to six lanes, and that
leaves all sorts of options open?
MR. WEIGEL: Well--
COMMISSIONER COLETTA: And we might never need it.
MR. WEIGEL: What's the dollar figure we're talking about right
now?
CHAIRMAN COYLE: Two million, one hundred thirty-four
thousand, five hundred dollars.
MR. WEIGEL: So the guarantee on the spot I could give you
right now is that it be paid for with another funding source so it's not
Conservation Collier money and it doesn't go into the trust, but
conceivably could go into the trust at a later time if you determine that
you don't wish to use it. ,
COMMISSIONER COLETTA: If I may. Is there any possibility
-- I mean, we're dealing with a friendly seller, the school system. I
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September 13,2005
111ean, if anything, they're going to want to protect their interest to be
able to move future students back and forth, too. So, I mean, it
behooves them.
Is this something that we might be able to continue to another
meeting and bring it back with maybe some better answers?
MS. SULECKI: We could, but if I might make a suggestion.
Perhaps we could -- the reason I said may was because, while we've
had this opinion in general, I have not had it in specific on this
property. Perhaps you could approve it subj ect to the county attorney
reviewing this particular property and coming back with an answer on
it, a positive answer on it.
MR. WEIGEL: I'm not sure where that gets you. Approval for
what subject to a positive answer?
MS. SULECK1: Well, that would give me time to send a request
for legal services to the county attorney to get a positive answer for
this specific property.
We have an answer that on parcels where there is not currently
public access, that it would meet the Conservation Collier Ordinance
as it stands today to sell a portion to provide that public access. That's
\vhy we feel that we could do that today on this property. But that's
not something that we have specifically reviewed with the county
attorney's office on this property.
COMMISSIONER COLETTA: Motion for--
MS. SULECK1: It's a general.
COMMISSIONER COLETTA: Motion for a continuance to the
next meeting.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. I have a motion for continuance
by Commissioner Coletta, second by Commissioner Halas.
Commissioner Henning?
COMMISSIONER HENNING: Just an observation. I know it's a
continuance, but I'm not going to vote in favor of it or continuing it,
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September 13,2005
and here's the reason why. We developed language in the fringe,
which this is in the fringe. We said we're creating sending lands,
receiving lands, and there's some neutral lands. This we're saying that
we're creating it neutral lands, and we get to pay for it.
If it's worthy of Conservation Collier to conserve, it's worthy of
saying -- deeming it sending lands and let the owner deal with it.
Besides the fact we're taking money out of one pocket and putting it in
the other.
In my opinion we've got a bigger issue to deal with, that's the
Fleischmann property. And by -- and another thing that we approved
on the consent agenda on Conservation Collier, the issue of the Talon
property. That's still on an acquisition list. And I think I don't need to
repeat that whole issue.
That's my sentiment about Conservation Collier and the
recommendations on the fringe properties.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I have the same concerns that
Commissioner Coletta has in regards to making sure that we provide
access for the right-of-ways for expanding roads out into the eastern
estates.
So I'm glad that we're going to put this on -- excuse me __
continue this to the next meeting or whenever it's going to be brought
back, and hopefully we'll have a better understanding of, if we are
going to put ourselves in a box.
CHAIRMAN COYLE: Okay. If we're going to continue it, can
we ask the staff to give us a report on the possibility of redesignating
this land as sending land? We're -- we have been asked in the past
because of changes -- because of recent evaluations of property to
change sending to receiving, so why couldn't we change neutral to
sending if it is environmentally sensitive land? .
So I guess I would like to have that understanding if you -- if we
do continue it and you come back.
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September 13,2005
MR. LORENZ: Yes. For the record, Bill Lorenz, environmental
services director. This is -- this is a -- an important point, because this
is in section 24 where, if you recall, the North Belle Meade future land
use element, the overlay, we were to evaluate section 24 and
determine whether it meets the requirements of sending land versus
neutral land.
We have completed the analysis. We haven't presented this
through any public hearing process. But certainly the data in terms of
RCW's -- and this is also part of that habitat conservation planning
effort -- would certainly look like, that it would raise to the level of
sending lands.
So I need to make sure that I do indicate where staff is currently
looking at and probably would make the recommendation if we were
pressed to make that recommendation right now.
CHAIRMAN COYLE: If you -- if you designate it as sending
lands, what does that do with respect to getting an easement through
that area for the purpose of a road?
MR. MULLEN: I believe it would still -- it would still allow __
as sending lands, it would still allow the right-of-way for an easement
for the road to go through.
CHAIRMAN COYLE: Okay.
MR. LORENZ: Essential services are allowed in sending lands.
CHAIRMAN COYLE: Okay. We have a motion for a
continuance.
COMMISSIONER COLETTA: And that motion also includes
bringing back all the options, including turning it into sending lands.
CHAIRMAN COYLE: Okay. Does the second -_
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: -- include that? Okay.
COMMISSIONER HALAS: My second includes that.
CHAIRMAN COYLE: Any further discussion?
(No response.)
Page 160
September 13,2005
CHAIRMAN COYLE: 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?
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
MR. MUDD: Commissioner, that brings us --
CHAIRMAN COYLE: Let's take a break for our court reporter
before her little fingers wear down to a nub.
MR. MUDD: Ten minutes, sir?
CHAIRMAN COYLE: Ten minutes.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
Item #1 OB
RESOLUTION 2005-321/CWS RESOLUTION 2005-05:
AUTHORIZING THE ACQUISITION BY CONDEMNATION OR
PURCHASE OF NON-EXCLUSIVE PERPETUAL UTILITY,
UTILITY AND ACCESS EASEMENTS, AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF
WATER TRANSMISSION MAINS FOR THE COLLIER
BOULEVARD WATER MAIN PROJECT FROM DAVIS
BOULEVARD SOUTH TO U.S. 41 - ADOPTED
Commissioner, this brings us to item lOB, which is a
recommendation to adopt a resolution authorizing the acquisition by
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September 13,2005
condemnation or purchase of non-exclusive perpetual utility, utility
and access easements and temporary construction easements for the
construction of a water transmission -- for water transmission main or
mains for the Collier -- Collier Boulevard water main project from
Davis Boulevard south to U.S. 41. It's project number 70 l51 and
70152, at a cost not to exceed $1,659,112.
And Mr. Ron Dillard, senior project manager in public utilities,
will present.
MR. DILLARD: Good afternoon, Commissioners.
MR. MUDD: Sir, he has to put some mandatory things on the
record.
CHAIRMAN COYLE: Okay. Okay, go ahead.
MR. DILLARD: Okay. Staff recommendations, that you adopt
a resolution authorizing an acquisition by condemnation or purchase
of the easement interest required to complete the project and authorize
the chairman to execute the resolution.
The public purpose is to obtain from the board, as ex officio, the
governing board of Collier water/sewer district to acquire by
condemnation or purchase all rights and interest in real property
required for the construction and maintenance of utility improvements
and facilities for the Collier County water/sewer district, Collier
Boulevard water main property.
CHAIRMAN COYLE: Okay. This is all in our executive
sun1mary, isn't it?
MS. CHADWELL: No, no, no.
CHAIRMAN COYLE: What is not?
MS. CHADWELL: This is not in your executive summary. I'm
sorry. Ellen Chadwell, assistant county attorney. This is not in your
executive summary to my knowledge. Is the PowerPoint in there?
MS. MOTT: No.
MS. CHADWELL: Okay. So it's important that he go into some
detail. We will enter the PowerPoint presentation into the record
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September 13,2005
when he's done. But I would ask that you let him get through a little
bit more, if you would, please. Thank you.
CHAIRMAN COYLE: Okay.
MR. DILLARD: Okay. The project was divided into five
segments, and five possible alignments were evaluated for each
segment.
The alignment options were evaluated as to their safety, cost,
operation and maintenance, environmental impacts, permitting, and
long-range planning.
A route selection criteria supplement report was provided to you
yesterday evening and is available outside on the table for the public.
The alignment options considered were east of the road in canal
right-of-way, east side and road right-of-way, center of the road in the
median, west side and road right-of-way, and west side in the
easement.
The alignments selected from Davis Boulevard to the south
boundary of Forest Glen is the west side of the road. From Forest
Glen to Rattlesnake Hammock is in the canal right-of-way.
CHAIRMAN COYLE: You don't have a graphic to show us on
this, do you?
MR. DILLARD: Yes.
MR. MOORE: Davis Boulevard to south edge of Po rest Glen.
CHAIRMAN COYLE: We need to get you on that mike.
MR. MOORE: Okay. First Davis Boulevard to south edge of
Forest Glen on the west side of the road, as shown by the blue line.
South edge of Forest Glen to Rattlesnake Hammock Road.
Rattlesnake Hammock was within the canal easement
right-of-way, to Rattlesnake Hammock. Rattlesnake Hammock to
Sabal Palm. Canal right-of-way to Sabal Palm. Again, canal
right-of-way from Sabal Palm to the southwest bend, of 951, which is
here. I'm sorry, here. And then we cut back over to the county
right-of-way on the east side of 951 to 41.
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September 13,2005
COMMISSIONER HALAS: Are there any questions from the
commissioners?
Commissioner Henning?
COMMISSIONER HENNING: I realize this is not construction,
just acquisition. Can we try to coordinate as much construction with
the road construction on 951 so we don't have to impact the residents
twice?
MR. DILLARD: Most of our construction will be in the canal
right-of-way on the east.
COMMISSIONER HENNING: Can you speak into the mike,
please?
MR. DILLARD: Most of the construction will be in the canal
right-of-way on the east side of the canal, which is away from the road
construction. Just the northern end and the very southern end will be
in the roadway right-of-way.
COMMISSIONER HENNING: Well, I've learned a little bit
about road construction.
MR. DILLARD: Okay.
COMMISSIONER HENNING: And I know what Mr. Feder
does. When he has to put in a turn lane, he goes beyond the turn lane,
and it might get in the same area where you're doing your construction
for your pipe.
MR. DILLARD: Okay.
COMMISSIONER HENNING: So that's all I'm asking. If your
boss could talk to Mr. Feder and try to get that worked out, I would
appreciate it.
MR. MUDD: Absolutely, absolutely. At the same time Norman
is talking about expanding the roadway -- and it's another item on the
agenda that we're going to come to in just a couple of minutes where
he's going to talk about right-of-way so that he can go after six-laning
of951 from one mile north of the 1-75 interchange there on 951 and
CaIne south all the way down to 41. We're basically talking about the
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September 13, 2005
same area here. And your comments are well taken and they're right
on the mark. We need to deconflict it so that we don't inconvenience
twice; we only inconvenience once.
MR. FEDER: Commissioner, for the record, Norman Feder. We
are already talking some on that, not only on the roadway issue, but
also in coordinating efforts on the sidewalk that we're going to do
along with the utilities. So I appreciate your concern, and we are
going to try to coordinate that.
COMMISSIONER HENNING: Oh, thank you. It sounds like
it's already done.
MR. FEDER: Not yet, but we're doing it.
MR. DILLARD: We're working on it.
COMMISSIONER HALAS: Are there any other questions from
my fellow commissioners?
COMMISSIONER HENNING: I'll move to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: So we've got a motion on the floor
for approval by -- motion by Commissioner Henning and a second by
Commissioner Fiala.
MS. FILSON: And I have no registered speakers.
COMMISSIONER HALAS: And you have no registered
speakers. Do we have to close the public hearing?
MS. FILSON: Not on this one.
MR. MUDD: Is wasn't a public hearing.
COMMISSIONER HALAS: Okay. All those in favor of this
motion, signify by aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: (Absent.)
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HALAS: All those opposed, same sign?
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September 13,2005
(N 0 response.)
COMMISSIONER HALAS: Motion carries 4-0.
Item #10C
ASSESS THE OVERALL EFFECTIVENESS AND COMMUNITY
V ALUE OF THE ENVIRONMENTAL ADVISORY COUNCIL
(EAC) AND PROVIDE DIRECTION WITH REGARDS TO
ATTENDANCE, FUNCTIONS AND FUTURE ROLE AS THE
COUNTY' ENVIRONMENTAL ADVISORY BOARD-
RECOMMENDATION TO KEEP THE EAC AND TO
ESTABLISH ALTERNATE POSITIONS WITH POSITIONS
HAVING THE ABILITY TO VOTE AND MONITOR
ATTENDANCE - APPROVED
MR. MUDD: Commissioner, that brings us to the next item,
which is 10C. It's a recommendation to access the overall
effectiveness and community value of the Environmental Advisory
Council, EAC, and provide direction with regard to attendance,
function and future role as the county's environmental advisory board.
And Mr. Bill Lorenz from Community Development's
Environmental Services will present.
MR. LORENZ: Yes, thank you. On June 28th the board had
requested staff to further assess the EAC with regard to its ability to --
its record to assemble quorums throughout the years, the years that it
was in existence.
We've reviewed two and a half years' worth of data, going back
to January of2003 where the majority of the present board members
were -- have -- are presently members. And within that two and a half
years, we found that two meetings were cancelled d~e to a lack of a
quorum, and the one meeting that was cancelled resulted in having
t\VO land use petitions to be rescheduled.
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September 13, 2005
Also contained in the executive summary is just the tabulation of
the present members' attendance history as of a percentage of the time
that they have been on the board.
Just briefly, within the executive summary is a small synopsis of
the EAC history, and its responsibilities, powers, and duties that have
been granted to the EAC through the county commission and within
the Land Development Code.
Staff took a look at some of the information presented to you,
basically of three separate alternatives, a range of options that the
board may consider, or at least have some discussion, provide staff
direction on at the end of the item.
But the alternatives basically range from somewhat of a
do-nothing alternative, if you will, of just accepting the status quo, all
the way to actually folding the responsibilities of the EAC into the
Planning Commission, and thus, basically eliminating the EAC
completely.
There are -- and those alternatives and some of the advantages
and disadvantages are within the executive summary.
Just to add, I think, two items. One item, I think -- and we didn't
put in the executive summary, was the possibility of some alternates.
In other words, have two -- maybe two individuals that would be
appointed to the EAC as alternates. They would receive the packages,
just like the regular EAC members would receive them. They would
have to go through the review of the packages. And then if an EAC
member was not able to attend, they would then be able to step in,
have the review, and participate in the discussion and the vote. So that
would be one thing I think we'd want to add for your consideration.
Secondly is also, I think, we need to have a little bit more
rigorous procedure looking at the attendance, ensuring that we're
following the current advisory board Ordinance. ,
And I think there's something that the Planning Commission does
well, which it looks maybe two or three or four meetings in advance
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September 13, 2005
and polls its members to find out if anybody has a conflict, and
therefore, we can, perhaps, plan better for future meetings. So I think
those would be two items were that listed in executive summary that
we'd like to be able to put -- for your consideration.
If the board were to take any action with regard to the EAC, of
course, there would be a requirement to amend the Land Development
Code. That would have to -- that would -- we'd be set up to do that for
the next cycle, not the current cycle, but the next cycle, so that would
-- those would come into effect with you for -- in June of 2006, if you
wanted to make any changes that would require Land Development
Code amendment.
The other point to make is that the growth management plan does
require the county, currently policy 1.1.1 of the conservation and
coastal management element, to have a technical committee that
would advise the county with regard to the development of its
environmental programs.
If the board wanted to eliminate the EAC and, perhaps, fold some
of their functions into the Planning Commission, you would have to
then identify -- either identify another body to take care of that
particular function or to amend the growth management plan to
remove that from the plan.
With that I'm -- I'd like to answer any questions or -- and then
ultimately receive any direction that you may have.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I think you brought up two good
points, and that's what I was going to suggest. One was to have at
least one, possibly two alternates, and the other plan that you brought
up -- and I think that needs to be adhered to strictly, and make sure
that we adhere to the -- enforce the absentee policy on that board.
I believe that we need to keep this board intact. I think they
serve as a real function, and I think that, to put additional authority or
additional burden on the Planning Commission would not serve any
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September 13, 2005
real purpose, because I think those people at the present time have a
large enough agenda. .
And, of course, you know, those people also are just like the
EAC whereby they serve at the will of the people, and they're not
getting any compensation out of this, and we really appreciate people
that do get involved in boards. And I think that this is the direction
that we need to go.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. Well, he said everything I was
going to say, so I'll make a motion that we --
COMMISSIONER HALAS: I'll second it.
CHAIRMAN COYLE: I want to hear this motion.
COMMISSIONER FIALA: That we keep the EAC in --
COMMISSIONER HALAS: Keep the EAC intact.
COMMISSIONER FIALA: -- as a committee that we look
forward to hearing recommendations from, we add two alternate
positions on that EAC, that we enforce the absentee policy a little bit
better.
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: Okay. Good. Any further discussion?
COMMISSIONER HALAS: I second that.
CHAIRMAN COYLE: We have -- we have three?
MS. FILSON: Yes, sir. We have three speakers. Nicole Ryan.
COMMISSIONER FIALA: Want to waive, Nicole?
MS. FILSON: She'll be followed by Bob Krasnowski.
CHAIRMAN COYLE: You can waive.
MS. RYAN: I will be very brief. For the record, Nicole Ryan,
here on behalf of the Conservancy of Southwest Florida. And the
Conservancy supports the motion that has been made.
I think that it's very important to point out, it se.ems that all of
you appreciate the role of the EAC and how important they are in the
review and recommendation process for the county. So we certainly
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September 13, 2005
do appreciate that, and we think that the suggestions that have been
made in the motion will make this an even better committee, so thank
you.
CHAIRMAN COYLE: Thank you very much, Nicole.
MS. FILSON: The next speaker is Bob Krasnowski.
MR. HUGHES: Bob has left.
MS. FILSON: Okay. And following Bob will be William
Hughes. He's your final speaker.
MR. HUGHES: Commissioners, thank you for allowing me to
be here today. I am your chair of the EAC for Collier County. And
I'd like this opportunity, again, to look for any direction we may
receive from this panel. So if you have anything, please let me know
it.
COMMISSIONER HALAS: We covered it.
MR. HUGHES: Okay, great. Thank you all.
COMMISSIONER FIALA: Thank you. You have great
attendance.
CHAIRMAN COYLE: That's the last of the speakers, right?
MS. FILSON: That was your final speaker.
CHAIRMAN COYLE: Okay. We have a commissioner who
would like to speak. He gets to go first.
Commissioner Henning?
COMMISSIONER HENNING: You're done, correct?
MR. HUGHES: Yes.
COMMISSIONER HENNING: Okay, thanks.
Let me tell you. I have the opportunity to listen to our advisory
boards when possible. Last year I heard a member of the EAC state,
well, I took a ride with a code enforcement officer, and, boy, it really
would make their job a lot easier if they had laptops, and gave
direction to staff to provide laptops to code enforcement officers. I
don't believe that's in the Ordinance for creation of the EAC.
The last meeting I heard an EAC member say, well, we represent
Page 170
September 13,2005
the flora and the fauna. If that person, persons, are elected, I agree
\vith that. But the problem is, is we hear so many times that, I
represent. You know, really, we represent. We represent the
conlillunity, we were elected by the people to serve the residents in
Collier County, and we have municipalities that have mayors and
councilmen; they represent.
But I appreciate the viewpoint of members of the EAC of looking
at the code of law, establishing the EAC to give recommendations on
the Land Development Code and our growth management plan.
CHAIRMAN COYLE: Okay. Is there a -- county manager?
MR. MUDD: Commissioner, I want to make sure that -- you
know, we have alternates on some advisory councils that can't vote.
And in this particular case, I think you want to direct staff to make
sure that those two alternates have the ability to vote if there's an
absentee on the regular panel.
COMMISSIONER HALAS: Absolutely.
COMMISSIONER FIALA: Thank you. I'll include that in my
111otion.
COMMISSIONER HALAS: That's in my second also.
CHAIRMAN COYLE: All right.
COMMISSIONER HALAS: That's the most important thing.
CHAIRMAN COYLE: Any further discussion concerning this
111atter?
COMMISSIONER FIALA: It is.
CHAIRMAN COYLE: All in favor, please signify by saying
ave.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
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September 13,2005
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you.
Item #10E
TERMINATE FOR CAUSE, THE LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND GULF COAST SKIMMERS
WATER SKI SHOW, INC - TERMINATION EFFECTIVE
SEPTEMBER 15.2005 -APPROVED
MR. MUDD: Commissioner, that brings us to item 10E, which
is a recommendation to terminate for cause the lease agreement
between Collier County and the Gulf Coast Skimmers Water Ski
Show. And Ms. Marla Ramsey, the Administrator for Public Services,
will present.
MS. RAMSEY: For the record, Marla Ramsey, Public Services
Administrator.
Commissioners, on March 8, 2005, you directed staff to give
Notice of Intent to terminate the lease with the Gulf Coast Skimmers
and the county for cause due to insistent infractions of the terms to the
lease and the volatile atmosphere within the organization. The health,
safety, and welfare of the public who use Sugden Regional Park for
recreational purposes were the base consideration in this Notice of
Termination.
The lease requires that the county give a 180-day termination
notice. The notice was postmarked on March 18, 2005, to Glenn
Herriman, president of the Gulf Coast Skimmers.
Staff is recommending at this time that the Board of County
Commissioners terminate the lease agreement effective September 15,
2005, and reimburse the Gulf Coast Skimmers Water Ski Show, Inc.,
$218.33 in advance rent payment.
CHAIRMAN COYLE: Okay. Do we have any public speakers?
Page 1 72
-',-.-'."'.
-...........,-,-_...^.
September 13,2005
MS. FILSON: We have 10 public speakers.
CHAIRMAN COYLE: Okay.
MS. FILSON: Would you like me to call them now?
CHAIRMAN COYLE: Three minutes each.
MS. FILSON: Neida Johnson. She'll be followed by Ken
Chickk. And Ken, if you'd like to come up to the other podium and be
prepared to speak when N eida gets finished.
MR. CHICKK: I actually have things that I'd like to put on the
overhead projector if possible.
MS. FILSON: Okay.
MS. JOHNSON: I also do. Actually I'll do this one first.
Good afternoon, Commissioners. I'm Neida Johnson, the
treasurer of the Gulf Coast Skimmers. In 2004 I was the secretary of
the Gulf Coast Skimmers. I am here speaking on behalf of two of our
111embers that could not be present.
One of the allegations for reason of termination is that we're not a
positive influence on the youth of Collier County. This young man
that you see pictured up here is Brandon Magnan. He's one of our
nlenlbers. His mother, Mrs. Magnan, is here today. Unfortunately
this is a very emotional topic for her, so she doesn't feel fit to read his
letter, so I'm going to read it on behalf of him. He's serving our
country right now so he could not be here.
Brandon Magnan is 22 years old and currently in the Marine
Corps as a military policeman. He joined the Marines in July 6th of
2004. He is stationed in Quanticco, Virginia, attached to the Marine
helicopter, Squadron 1, or HMX-l.
He works in the security department for this unit. It is a great
honor to work with this unit. And he was picked by the security
otficers to be a part of this unit and to do this job because of his
volunteer service and participation with the Gulf Coast Skimmers.
If you do not know what the Marine Helicopter Squadron is, it is
the helicopter that provides protection for the leaders of our country,
Page 1 73
September 13, 2005
including the president, vice-president, and members of the president's
cabinet, and foreign dignitaries, as directed by the White House
military office.
Now that you know my background around my current job, I will
now tell you about my history with the Gulf Coast Skimmers and the
events that I accomplished while in the Gulf Coast Skimmers.
He jointed the Gulf Coast Skimmers in June of 1995 at the age of
12. You can say I got hooked on the Skimmers by the way I was
treated by all the adults and young children around my age.
The program was extremely appealing to my family because it
was a great program to teach me the basics of growing up with an
outstanding role model and become an excellent leader and to
eventually teach and lead by example to my fellow peers.
This was the first time I had ever tried skiing. At first I wasn't
really good at it, like the other kids were, but the adult volunteers
helped me through and taught me well. I never gave up. And to this
day, I consider myself a member and others do so even though I'm
1,100 miles away from Naples, Florida.
While in the Gulf Coast Skimmers, I managed to use what I was
taught by the adult volunteers to secure a job at Publix Supermarket
for five and a half years while I volunteered at the Skimmers, during
which time I was -- I had graduated from Barron C-ollier High School
and attended Edison Community College and received two degrees,
one as an associate in arts and general science, and then an associate
in science and criminal justice technology in May of 2004. He then
joined the Marines in July of 2004.
The efforts of the adult volunteers and their hard work is the
proven fact by the outcome of all the children that started with the
program and have succeeded, such as myself and numerous others.
Without the teachings from the adult volunteer~ and the Gulf
Coast Skimmers, such as John Gursoy, I know for a fact I would not
have worked at Publix and completed my degree and now successfully
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September 13,2005
enlisted in the Marines, and now have been chosen as a guard Marine
1 --
CHAIRMAN COYLE: Could you --
MS. JOHNSON: -- now having been chosen to Guard Marine 1.
CHAIRMAN COYLE: Ma'am, your time has expired. Could
you wrap it up, please.
MS. JOHNSON: Yeah. So that is Brandon Magnan's speech.
And then I just want to show a picture of Johnny Cherelus, which
is another member who is finishing his degree at Devry University in
Orlando, immigrated here from Haiti, and also is a great success story.
Started the organization when he was 11, and now he is 20.
CHAIRMAN COYLE: Good. Thank you very much.
MS. FILSON: The next speaker is Ken Chickk. He'll be
followed by Debra Magnan.
MR. CHICKK: Hi. I'm the senior pastor of the Fisherman's
Home Church. And a few years back I was -- as a youth pastor at
Tree of Life Church, I had approached John and the county and stood
before you guys and asked for the opportunity to use the facility down
there for a youth program after the Gulf Coast Skimmers.
Six months after that or so, my -- the senior pastor approached us
and asked us if we would lay that down to pioneer a new church with
their help here in town, and we stepped out in that and formed the
Fisherman's Home Church.
About three or four days ago I got a phone call from John, and he
had said that I was listed in a public document that we had left the
Gulf Coast Skimmers on poor terms. And I'm going to read the --
actually I'll put it up here.
And it states -- I'm going to quote, Mr. Chickk stated that he
could no longer work with the Gulf Coast Skimmers under poor
c0111munity relations.
I was shocked.
I said, John, can you send me that, because that is -- it's a
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September 13, 2005
complete fallacy. And he faxed it over to me.
When I came here today, I asked Ms. Ramsey about this at the
break. I said, hey, now, I've got no qualms at all with the county
government or with John Gursoy, but he faxed me this over, and it's a
fallacy. And I said, this never happened.
And she looked at it, and she said, well, that's a fabrication.
That's not even our typeset.
So I walked out and asked John about this. John -- this just
happened. I might need a little bit more than three minutes because I
had to do some research just recently.
John pulled this out of a wagon that he rolled in here. He
acquired this from the public documents here in Collier County. And
on this page right here -- which is in the typeset that Ms. Ramsey had
said earlier was not the typeset that was of the public document -- is
the exact same thing under poor community relations.
Now -- you can tell I'm a little nervous. I feel like I'm in front of
the principal; sorry.
COMMISSIONER HENNING: You have a higher authority
than we do.
MR. CHICKK: But it says here, it says, see Exhibit SS. Right
below this one -- I'm going to put it on here -- it says, of another
problem, and it says, see Exhibit TT. I want you guys to see this. I
have them circled.
Well, I said, John, no offense, but let's go down and take a look at
this further. Where did you get that? Can we get another copy of
that?
We went down to public documents, Ed down there in
community -- communication and customer relations, pulled up this
one out of its file. And this one, you will see, has been changed.
Mine is not there. The one that was right below mine is now
public exhibit, or Exhibit PP. It was TT. .
Now, my question is, if this is a public document, how could that
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September 13,2005
be changed? Is that something that is a common practice? I'm not
normally involved in these kind of things.
And the other thing is, on further research, I pulled up the exact
one -- that Ms. Ramsey said was not a part of the records. It was Mike
fro111 county manager pulled this out. That is the exact one that John
faxed over to me.
Now, I'm not here to get anybody in trouble, but I will say that I
never had a problem, six months working down there. I was
in1pressed with the work that John was doing. Is he a passionate
person? Yes. Is he human? Yes.
But what I saw down there is he was working with kids that a lot
of people weren't working with, and he was doing a good job. I met
Johnny, and I met Brandon, the two pictures that you have seen. And
you know, to -- and there's other things, too, that -- he's impacted my
u\vn family, my wife. When she first started to attend First Baptist,
she heard about that and she went down to help out, and John had an
in1pact on her life. It's one of the reasons I went down there to work
\vith them is because he had such an impact on her, and I didn't know
John from Adam back then.
CHAIRMAN COYLE: Okay. Sir, can you wrap it up.
MR. CHICKK: Yes. Okay. But that's all I need to say. I never
had a problem with him down there, and thank you so much for your
tin1e, and I hope you guys do the right thing here --
CHAIRMAN COYLE: Thank you.
MR. CHICKK: -- and let these guys stay.
MS. FILSON: The next speaker is Debra Magnan. She'll be
followed by Brandon Delgenio.
MS. MAGNAN: I won't have having anything to say.
CHAIRMAN COYLE: Okay.
MS. FILSON: Brandon. He'll be followed by Dustin Beatty.
MS. JOHNSON: Dustin had to leave and go to work.
MS. FILSON: Okay. He'll be followed by another Neida
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September 13, 2005
Johnson? She already spoke.
CHAIRMAN COYLE: Okay.
MS. FILSON: Kemal Gursoy will follow Brandon.
MR. DELGENIO: Hi. I'm Brandon Delgenio. I've been with the
Gulf Coast Skimmers since I was about 12 years old. I'm 22 now.
Taking the lake away from the Skimmers would be wrong, just
plain flat-out wrong. I've done so much work there myself. I mean,
I'm shaking. That's -- that's my baby. Getting that taken away from
me, it would kill me inside. That's the one thing I can always look
back, all through my life, and say I'm proud of.
I was here coming -- I took time off of school to come here and
talk in front of the county commissioners, get the lake to the way it
was.
You know, when I was little I was walking through that lake
picking up little shards of glass, mowing the grass, doing all sorts of
things, and even after the lake became what it is now, which is a
beautiful place for families to go and spend time.
I mean, just taking it away, it would be so wrong. My sweat
watered that grass that's there. My blood stains the bleachers that are
set up there because I helped put them up and I cut my hands on them
so many times when I was doing it.
My tears are all over that place from when I had family troubles
and I ran to John or Holly or somebody there to, you know, help me,
and they are always there for me.
You can't -- you can't take this away from me. I mean, have any
of you ever been out to see the shows? I know that at least one person
up there that's had family helped by this, you know.
And that's pretty much all I have to say.
CHAIRMAN COYLE: Thank you very much.
MS. FILSON: The next speaker is Kemal Gur~oy. He'll be
followed by Holly Gursoy.
MR. GURSOY: Hello. My name is Kemal Gursoy. I was one
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September 13, 2005
of the founders with my brother, John Gursoy, of the Gulf Coast
Skimmers Water Ski team.
Recently we've had a new election and recognized Holly Gursoy
as our president and myself vice-president.
I just wanted to say, I went to a park and recreation, what they
call P ARAB meeting and tried to speak to Marla about the situation
on hand, seeing what we could do to get out to the lake, and one of the
issues she brought up to us was that we needed to get insurance for our
boats. I said, if we can do that, can we get on the water?
She says, no. There's a pollution issue, a pollution insurance that
you need. I asked her, if we were able to get that, would that put us
out on the water? Because we wanted to be out there for the kids.
She said, no. There's a problem with knowing who's in charge.
And I said, well, we have had our elections, and according to the State
of Florida, we've represented who the new president, vice-president,
so forth, were of our corporation, and she said that she wouldn't
recognize what the State of Florida was showing as who the president
\vas in charge.
My question to the county commissioners are, in the same token
of questioning, is, the recognition of who the club is -- and I
understand maybe that's not your issue on hand right now, but as part
of it, that seemed to be one of the issues Marla had for keeping us off
the water.
And I was just wondering if you recognize what the State of
Florida recognizes for our membership and who our leaders are. That
\vas one thing.
Also I just wanted to take back a little bit of history of how the
lake was acquired. There was a grant for the -- to the county to be
able to purchase the lake for $850,000. There was donation of
500,000 from the Sugdens. And Signature Community, who owned
the property, had a selling price of $3 million for this piece of
property .
Page 1 79
September 13, 2005
They said, as long as the Gulf Coast Skimmers are involved in
this, we will drop that price. down to $2.1 million. Without the Gulf
Coast Skimmers, they probably -- and I can probably guarantee you
there would not be a regional park out there right now today.
And I can see how it's been a great use to the community, and I
just hope that that club can still be in existence to help the community,
help the youth, and be there for the real purpose it was there for.
And a lot of people had a lot of vision to see what this
organization can do, and it has produced by -- you can see other
people that were young who might have been troubled, and then
moved on.
And, Donna, your son was in the club and turned out to be a great
man. And I know you know in your heart that the Gulf Coast
Skimmers got him there, too.
So I hope the commissioners will think hard and think about what
the club has done for this community.
Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: The next speaker is Holly Gursoy. She'll be
followed by Ewart Morgan.
MS. GURSOY: Good afternoon. I feel like I'm in front of the
principal, too. I'm nervous, too.
Good afternoon. My name is Holly Gursoy, president of the Gulf
Coast Skimmers Water Ski Show.
I don't have a presentation, but only a few points to cover and
questions for the commissioners to think about.
My first question and statement to think about would be, number
one, how can you pick apart a lease and just pick it a la carte, the
things you like in the lease, and not take a look at the four corners of
the lease in considering the default section of that le~se?
And, number two, we had never been put on notice, as the lease
requires, of the infractions that have occurred. How can we fix what
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September 13, 2005
\ve never knew about?
The lease has a provision for cause and gives the Gulf Coast
Skimmers and the county, likewise, 30 days to remedy an infraction.
We have never exercised that and you, in turn, have not given us the
opportunity that is part of our lease.
Number four, if you claim that we breached the lease back to the
year 2000, why now, five years later, are we hearing about it for the
first time?
Number five, a breach of this magnitude on behalf of the county
w'ill be precedent and there will be no sovereign immunity.
Number six, the Skimmers come with no attorney today but only
asking for dialogue which was promised, but we've never been
afforded the opportunity to do so.
Number seven, the lease is a whole unit. It is a legally binding
contract that cannot be broken apart. There are two parts that deal
with termination, as you know by the exhibits handed to you earlier
this morning.
How can you lawfully only consider the first part of the
tem1ination clause and not the second part? The two go hand in hand.
The county will be making a multi-million-dollar mistake by
breaching the contract and terminating the Gulf Coast Skimmers
Water Ski Show lease unlawfully.
Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: The next speaker is Ewart Morgan. He will be
followed by Roger Brown.
MR. MORGAN: Good afternoon. My name is Ewart Butch
i'vlorgan. I'm the president of the Guilford Acres Homeowners'
:\ssociation, and I'm here representing our members.
Weare on the north side of the lake. The only thing that
Sê:Jarates us and the lake is a fence.
r live in a multi-level house. I have a living room and a porch
Page 18 1
September 13, 2005
that overlook the lake there. There is not much that goes on at that
lake that we don't see.
As far as our organization and our members are concerned, this
lease was a mistake in its inception, and the only way it's going to be
rectified is getting rid of this lease. The longevity of it, you know, we
just couldn't even understand why they were giving 90-year leases.
We need to get this lake back to the people. One of the things
we've been able to see since there's been no skiing on the lake is
people enjoying the lake, you know. We don't see boats going out and
telling the guys that are sailing or they've got their paddle boats out
there, that you can't come on this part of the lake. All right.
We support the recommendation of the termination. And as far
as violations, there's been violations. There have been violations from
the beginning. Probably a lot more than the parks department is aware
of. That's all I got.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Your final speaker, Mr. Chairman, is Roger
Brown.
MR. BROWN: Good afternoon, Commissioners, Chairman
Coyle. Thank you very much for having -- giving the public the
opportunity to speak on this issue.
I'm Roger Brown. I'm a taxpayer and resident of Collier County
and am currently serving as president of Americans United for
Separation of Church and State.
I applaud the Skimmers for their work with troubled youth, and I
think any good program that deals with troubled youth should stand on
its own two feet.
My concern is the exclusive arrangement and deal that the county
has with an exclusionary organization that excludes people who are
not Christian.
And as you know, the diversity of this community is becoming
greater and greater. And for a sweetheart deal of $10 a year for 30
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September 13,2005
years, renewable twice, total fee of $900 is quite an unusual
arrangement, and I doubt very seriously if any organization could find
such an -- such a deal available to them in this county or any other in
this United States in these days.
So my recommendation is that maybe some way the Skimmers
could continue to operate if they were open to all people with no
litl11US test for religion, either that or you do terminate the contract.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MS. FILSON: That was your final speaker, Mr. Chairman.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I've listened to all this testimony
today. I have a document in front of me that was given to all of us
cOl11ll1issioners, and that was in regard to a court case that was
February 18,2005.
Supposedly this group is to help troubled youths, but as I read
through this on page 24 of 44, I'm kind of disturbed in regards to
\vhat's happening here. They're talking about Mr. Gursoy and some of
his behaviors amongst other members of the Skimmers and
endangering lives of several members of the Skimmers during a water
ski show, Gursoy drove one of the boats that towed the Skimmers
\vater ski team in a manner that was reckless while driving at
excessive speed while venturing into unsafe areas of the water, and
nearly causing multiple collisions.
Then it goes on to talk about where there was some type of
vandalism and also that equipment was destroyed or stolen, and then it
\vas found that material showed up at Mr. Gursoy's home and that he
also changed the locks on the Skimmers' equipment shed at Lake
.~\ valon.
I don't think this is a good representation of people who are
trying to help the youth, and here we've got an internal fight. And I
have great concerns about this.
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September 13,2005
And then, of course, it goes on to say that on February 3, 2005,
Gursoy and the swimmers entered the Herman business at 5630 Yahl
Street, Suite 5, Naples, Florida, without permission, and forcibly
removing from the premises a filing cabinet containing Skimmers'
documents over their obj ections, and under the circumstances caused
fear to persons working at the business at the time. And then it goes
on into the next page, which is page 26 of this document.
I have some concerns that we're not -- maybe we need to look at
this very closely, and I think that -- I'll listen to my other
commissioners, but I really feel that we're at a point in time here
where I believe the -- the goodness of the group is not in the best
interest of the children when I look at what's taking place by the
people who are the president or vice-president at the time this took
place.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, I don't think it's a thing
about faith-based organizations to provide -- and this is not a
government service, but there's many examples of it working in the
United States. The president recognizes it and encourages it; the
governor does.
The issue is, is the issue of some of the things that Commissioner
Halas brought up, and that's the safety of the kids out there on the
county's property.
CHAIRMAN COYLE: Okay. Any comments by staff?
MS. RAMSEY: No, sir.
CHAIRMAN COYLE: Any further questions by
commissioners?
(N 0 response.)
CHAIRMAN COYLE: No more public speakers, right?
MS. FILSON: No, sir.
CHAIRMAN COYLE: Okay. Then do I hear 'a motion?
COMMISSIONER HALAS: I'll make a motion that we
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September 13, 2005
tem1inate the contract with the Skimmers, and I believe they've been
given due concern in regards to -- that it was brought before the Board
of County Commissioners earlier this spring notifying that we were
under the -- we were investigating this and that we were probably
going to terminate this contract.
CHAIRMAN COYLE: Okay. Is there is a second?
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
County Attorney?
MR. WEIGEL: Thank you. I believe that you may note for the
record that this agenda item today with a request to terminate the lease
agreement harkens back to the earlier board meeting where you
received additional and separate and detailed information earlier this
year.
Additionally, the termination motion that you make, I would
recon1n1end, be indicated as effective September 15, 2005.
COMMISSIONER HALAS: That's in my motion.
CHAIRMAN COYLE: Okay.
MR. WEIGEL: Thank you.
CHAIRMAN COYLE: That's in the second?
COMMISSIONER FIALA: Yeah.
CHAIRMAN COYLE: Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
ave.
'"'
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
Page 185
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September 13, 2005
CHAIRMAN COYLE: It carries unanimously. Thank you very
much.
Item #10F
RECOMMENDATION TO APPROVE A COOPERATING
TECHNICAL PARTNERS PARTNERSHIP AGREEMENT
BETWEEN COLLIER COUNTY, THE CITY OF NAPLES, THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD), AND REGION IV, FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) TO FORMALIZE AN
AGREEMENT TO WORK TOGETHER TO CREATE AND
MAINTAIN ACCURATE, UP-TO-DATE FLOOD HAZARD
DATA FOR THE CITY OF NAPLES AND UNINCORPORATED
COLLIER COUNTY - APPROVED WITH STIPULATIONS
MR. MUDD: Commissioner, that brings us to the next item,
which is 10F. It's a recommendation to approve a cooperating
technical partners partnership agreement between Collier County, the
City of Naples, the South Florida Water Management District, and
Region 4 of the Federal Emergency Management Agency, FEMA, to
formalize an agreement to work together to create and maintain
accurate up-to-date flood hazard data for the City of Naples and
unincorporated Collier County.
And Mr. Joe Schmitt, the Administrator for Community
Development's Environmental Services Division, will present.
MR. SCHMITT: Again, good afternoon, Commissioners. Joe
Schmitt, your Administrator for Community
Development/Environmental Services Division.
I won't go through the history. You certainly know the history on
this. But the last paragraph on August 25th, myself, along with the
city manager of City of Naples, Bob Lee, negotiated an agreement.
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September 13,2005
That agreement is enclosed. It is not -- it's been basically reviewed by
the city council. Of course, it's for your review.
I'm asking for your permission to allow the county manager to
sign that, and I will forward that to FEMA. That is, in essence, the
initial start -- or at least the start of the agreement process to reproduce
or produce new flood insurance rate maps for Collier County.
There is no financial investment here involved in this. This is
nothing more than a cooperation agreement. I will have -- I'm looking
for a detailed mapping activity statement. I was looking to have that
today. Unfortunately, Mr. Todd Davidson has been deployed,
involved in response for Hurricane Katrina.
Baker Corporation is reviewing and actively reviewing all of our
subnlittals. So in regards to any contractual requirements, there are
none. I do have some money available to pay for the work that will be
il1volved in this through our consultant.
So basically I'm asking for your approval to allow the manager to
sign this. We will have a full detailed schedule that will be forwarded
to you, I would expect, as part of the October 18th joint meeting
bet'vveen the Board of Commissioners and the City of Naples. The
FEMA representatives will be here to discuss this in detail in regards
to a schedule, the commitments, and any activities associated with this
project.
So, again, all this is is an agreement that will be signed by the
four parties. City of Marco Island has declined a partnership or
pat1icipation in this, and I've heard nothing from Everglades City, so I
\vould expect no comment or no response is a decline, but we will
c ertainl y keep them informed if there are any changes to the maps.
So subject to your questions, that concludes my presentation. If
you have any specific details, between Robert Wiley and myself, we
are here to answer those.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I feel you did exactly what we
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September 13, 2005
asked you to do, form a partnership. This is where we wanted you to
go, so I make a motion to approve.
COMMISSIONER HENNING: I'll second for the chairman to
sign the agreement.
CHAIRMAN COYLE: Okay. All right. Is that all you wanted
to say? You had your light on, so --
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Joe, where does this leave us at this
point in time? Ifwe sign this agreement, is that to say that November
the 17th, the new flood maps will come out and that we're going to be
under the guidance of those new maps?
MR. SCHMITT: Commissioners, yes. Enclosed in your packet
was a letter that was sent and signed by -- well, it was actually a
response to a letter that was sent by Manager Mudd. There was a
letter sent on 12 July asking for FEMA to delay the implementation of
those maps based on our -- again, our continued disagreement.
They responded, noted that we would enter this partnership, but
for all intents and purposes, the implementation date is set for
November 17th. And your next agenda, or at least on your next -- at
your next board meeting, we'll be coming back with a flood Ordinance
that will, for all intents and purposes, codify that date and direct my
building director to implement the new flood insurance rate maps.
COMMISSIONER HALAS: So what it's going to do is it's going
to cause probably an immediate impact on residents along the
coastline?
MR. SCHMITT: Immediate impact only in the sense in regards
to, if they rebuild.
COMMISSIONER HALAS: Insurance.
MR. SCHMITT: Those who are in an X zone or current X zone
that are -- now will be in an AE zone, yes. If they're a federally
backed mortgage and they now are in a flood zone, they will be
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September 13, 2005
required to obtain flood insurance, or it will be forced upon them by
the agency.
COMMISSIONER HALAS: Do you have any idea or any
guidance in regards to, if we're going to be successful in appealing
this, and if we do, what's the time frame so that maybe the impact
would be lessened by the people that we're going to be --
MR. SCHMITT: Can I change your word a bit, because this is
not an appeal. This is a -- the start of a process --
COMMISSIONER HALAS: Start of a process.
MR. SCHMITT: -- to redo the entire maps for Collier County.
We've been under that for about a year, so our data has been
submitted.
I'm confident our data is going to produce a map that I would
think would be more favorable or more -- look more like what it does
today, but it is going to be about a two-year process.
I have to be honest with you, that is how deliberate this process
is. FEMA, at the conclusion, has a six-month window for appeals, and
that's all part of the process. And we'll come back to you with a
detailed schedule.
So we may be living with these new maps for almost two years
be fore the new -- what they're calling D maps or D firms, digital flood
insurance rate maps are implemented.
MR. MUDD: Now, Commissioner, I want to -- I want to -- one
caveat to what Joe just said to you. Now, that time line that he just
ga ve to you was pre- Katrina --
MR. SCHMITT: That's correct.
MR. MUDD: -- pre-FEMA director resigning. I have no idea
ho\v the Katrina, the cleanup, the recovery, how that's going to impact
FE VIA's organization and how the resignation of their director is
going to affect that organization and what kind of turmoil that's going
to create.
But I will tell you, those two incidents in the last month are
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September 13,2005
basically going to shake the very foundation of that organization, and
some of the -- some of the examination that they're undergoing right
now under a microscope by America and the executive branch and the
Senate and the House of Representatives, it could be up to three to
four years that we're going to be living with these maps.
So I don't want to put a two-year date in your mind and say, that's
when it's going to be. I have no idea how FEMA's going to participate
and what kind of timeline they're going to be and what kind of
products they're going to be able to give us and what kind of timeline
we're going to receive them in.
MR. SCHMITT: And I would agree with Mr. Mudd on that.
The thing this agreement does though is it does formalize a
commitment by the agency to put federal dollars into their part of the
program, and that is funding the rebuilding and development of these
maps.
COMMISSIONER HALAS: Thank you very much.
CHAIRMAN COYLE: Has staff taken a look at any changes to
the Land Development Code that \-vill be necessitated as a result of
these new maps?
MR. SCHMITT: Commissioner, there will be no Land
Development Code changes. What there will be is a guidance to the
building director to implement the new flood insurance rate maps, but
the LDC --
CHAIRMAN COYLE: You're sure that there is no impact upon
construction standards and elevations?
MR. SCHMITT: That is -- that's part of the building code, and
that is -- the flood Ordinance we're coming back to you with defines
the criteria for building and the elevations and drainage and all the
other requirements are part of the flood Ordinance. But that is not part
of the Land Development Code. That is a separate 9rdinance.
CHAIRMAN COYLE: Okay. But that has to be developed. Do
you feel that our existing codes address all of the issues associated
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September 13,2005
\vith FEMA's new flood maps mandating how you build to the FEMA
elevation?
MR. SCHMITT: Our current codes, no. The Ordinance coming
back to you at the next meeting will identify all that.
CHAIRMAN COYLE: Okay. So we will be seeing --
MR. SCHMITT: Yes.
CHAIRMAN COYLE: -- that Ordinance and those changes.
MR. SCHMITT: Yep.
CHAIRMAN COYLE: Okay. And the City of Naples has a
n1uch bigger job to do with respect to that than we do.
MR. SCHMITT: Yes, very much so.
CHAIRMAN COYLE: Yeah.
MR. SCHMITT: Much more impact than, I think, in the county.
CHAIRMAN COYLE: That's right. I think so. That changes the
entire character of the community.
Okay. Is there a motion to approve this agreement?
MR. SCHMITT: With the --
COMMISSIONER COLETTA: Motion--
MR. SCHMITT: With the provision of the chair signing as
C on1missioner Henning.
CHAIRMAN COYLE: Okay. Commissioner Henning --
COMMISSIONER FIALA: There's already a motion.
CHAIRMAN COYLE: Commissioner Henning did make a
1110tion.
COMMISSIONER FIALA: No, I think I did.
CHAIRMAN COYLE: Did you?
MS. FILSON: Commissioner Fiala made the motion and
C on1missioner Henning seconded it.
CHAIRMAN COYLE: Okay. Very well. It's getting late.
\Ve've got to get this over with.
COMMISSIONER FIALA: We're getting old.
CHAIRMAN COYLE: Yes.
Page 191
September 13,2005
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. Thank you.
Item #101
DISCUSSION OF POSSIBLE SOLUTIONS TO RESOLVE A
CODE VIOLATION AGAINST WESLEY CEELEY FOR
CLEARING LAND ON RICHARDS STREET WITHOUT PROPER
PERMITS - TO BE SENT TO CODE ENFORCEMENT WITH
RECOMMENDATION TO RESOLVE - APPROVED
MR. MUDD: The next item is number 101, and it's a discussion
of possible solutions to resolve a code violation against Wesley
Creeley (sic) for clearing land on Richard Street without proper
permits.
And Mr. Norman Feder, the administrator of transportation
services, will present.
MR. FEDER: Commissioners, I'll be fairly brief, given the hour.
But I want to remind you that back on June 14th, Mr. Creeley (sic)
brought under public petition a request for relief under a code
violation based on clearing of some land that he owns.
He noted at that time that he felt it might well have been the
contractor working on Immokalee Road that did that clearing. We
discussed that with you at that time. You asked us t'o bring it back.
That's what we're here today on.
Page 192
September 13, 2005
What I will tell you is that subsequent to those discussions, I did
have staff, as well as our CEI, go out, inspect everything. We find
consistent with what we told you before, and that is that the nature of
the clearing work that has been done, much of it with a chain saw, is
not consistent with the nature of how we clear property, and we'd
already cleared the ponds in the area.
We did get the CEI to review it in detail. They took pictures.
They went through the whole thing. They came to the same
conclusion.
Having said that though, what we presented to you in this
executive summary is a recommendation for dismissal of the code
violations, if you find it appears that Mr. Creeley didn't, but also
acknowledgement that that doesn't mean, and in this case, we don't
tind that it necessarily what was done by the contractor, but Mr.
Creeley has obviously had an opportunity to pursue that on his own.
What I've learned subsequent to development of the executive
slll11mary is that actually this requires the item to be brought to the
C ode Enforcement Board, and therefore not an action that the board
can take, rather the board can refer it, as I understand -- and I'll defer
to your general counsel -- but can defer it to the Code Enforcement
Board with any recommendation you might like to make as advisory
to them.
Again, if you have any questions, I'd be happy to answer them,
but I wanted to brief you on it.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Mr. Feder, from the
clearing that took place -- I don't know if you or another staff person
\vant to answer this -- would there be any apparent way that the -- Mr.
\Veesley (sic), is it?
MR. FEDER: Creeley.
MR. MUDD: Ceeley.
MR. FEDER: Ceeley, excuse me, Ceeley.
Page 193
September 13, 2005
COMMISSIONER COLETTA: Would be able to financially
benefit from it?
MR. FEDER: I don't know that there is, and I won't even
conjecture on that. There were a number of trees, as I said, cut down
by chain saw, but it didn't appear that it was removed from the site. I
don't know that I could give you any statement as to who might have
done it.
COMMISSIONER COLETTA: No, I appreciate that. Was
damage done to other people's property, something similar to this?
MR. FEDER: There were a couple other sites, I think, that had
been impacted as well, from what I'm told. This is the only one I
looked into.
COMMISSIONER COLETTA: So in other words, this wasn't an
isolated incident? Whatever -- whoever did it -- and I can understand,
you know, how you could identify if it was our people working on
roads or not and be fairly certain of it. It's just the timing of it and
when it took place and the fact that we were right there working across
the street, that's what led to so much of --
MR. FEDER: And there were 50,000 vehicles a day that went
by, but --
COMMISSIONER COLETTA: That's correct.
MR. FEDER: But the bottom line is it doesn't appear that it was
our contractor.
COMMISSIONER COLETTA: I like the recommendation staff
made, but I want to hear from the rest of the commissioners.
COMMISSIONER HENNING: Well, motion to approve.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Henning.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: A second by Commiss~oner Coletta.
COMMISSIONER COLETTA: You've got Commissioner
Halas.
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September 13,2005
CHAIRMAN COYLE: But we've got Commissioner Halas
wants to say something.
COMMISSIONER HALAS: Yes. I've got a question. It says at
this point the board's options are to have Mr. Ceeley apply for and
obtain a building permit within 60 days; two, submit a mitigation plan
in accordance with the Ordinance 04-41 as amended, section
10-02-06. Can you elaborate a little bit on that?
MR. FEDER: I may have to defer to general counsel on the
specifics, or to Joe Schmitt,
What I will tell you is we've been told those are the options. The
one we recommended, as I said in the executive summary, was
disnlissal. But in reality, the one that needs to be changed, as I
understand, is the motion you're considering, to refer it back to the
code enforcement board, and those would be the options that they
could take along with the code enforcement board.
COMMISSIONER HALAS: So the motion was made that this is
to go back to code enforcement; is that correct?
CHAIRMAN COYLE: With a recommendation of dismissal, as
1 understood.
COMMISSIONER COLETTA: That's the recommendation
gIven.
CHAIRMAN COYLE: Let me make some observations here.
N unlber one, it's my understanding that the land under question is
environmentally sensitive land, and that's why it should not have been
cleared. So they cannot develop there. So the order to apply for a
building permit is really unreasonable because you can't build there.
Secondly, there is no economic value unless you clear it all so
they can use it, and it's no longer environmentally sensitive. It still is
environmentally sensitive even with the clearing of the few trees that
are there.
And I -- quite frankly, I'm suspicious of our own -- of our own
]and clearing operation, because if you look very closely at the aerial
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September 13, 2005
photographs, you see the same tire tracks on his property that you see
on the property that we were clearing, the same width of tire tracks
where they pushed some of the stuff with bulldozers from the side,
and the only difference seems to be in the use of a chain saw in some
cases.
COMMISSIONER HALAS: Obviously you've got some
pictures here. And my final question is, did someone go in there to try
to harvest this lumber? Is this lumber salable?
MR. FEDER: You've got cypress taken down, you have other
trees as you see here, but most of them seem to have been left on the
site, so I can't imagine that's the case, sir.
CHAIRMAN COYLE: There was one big cypress that was left
on that site.
MR. FEDER: Yes.
CHAIRMAN COYLE: That would have been the marketable
piece of timber there.
MR. FEDER: Yes.
CHAIRMAN COYLE: Okay. So we have a motion to refer this
to the Code Enforcement Board with a recommendation of dismissal.
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. Thank you.
Item #10J
BID NUMBER 05-3866 TO DOUGLAS N. HIGGINS, INC. IN
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THE AMOUNT OF $1,114,560.00 AND ALLOCATE AN
ADDITIONAL $111,440.00 IN CONTINGENCIES FOR
CONSTRUCTION OF THE US 41 WATER MAIN FROM
COLLIER BOULEVARD (CR 951) TO MANATEE ROAD, AND
TO APPROVE THE NECESSARY BUDGET AMENDMENT -
APPROVED
MR. MUDD: Commissioner, that brings us to item 10J. It's a
recommendation to award bid number 05-3866 to Douglas N. Higgins,
Inc., in the amount of $1,114,560 and allocate an additional $111,440
in contingencies for construction of the U.S. 41 water main from
Collier Boulevard, County Road 951, to Manatee Road and to approve
the necessary budget amendments.
It's project 70153, and Mr. Ron Dillard, senior project manager,
public utilities division, will present.
MR. DILLARD: Good afternoon, again, Commissioners. I'm
Ron Dillard, Senior Project Manager with your Public Utilities
Engineering Department.
The staff recommendation is to approve the award and
subsequent construction contract to Douglas N. Higgins, Incorporated,
and authorize the chairman to execute the standard Collier County
construction agreement and approve the necessary budget amendment.
COMMISSIONER FIALA: I make a motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: 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.
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September 13, 2005
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you.
MR. DILLARD: Thank you.
Item #lOK
RECOMMENDATION TO APPROVE THE PURCHASE OF
RIGHT-OF-WAY PARCEL NO. 146, TEMPORARY
CONSTRUCTION EASEMENT PARCEL NO. 746 AND
PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT
PARCEL NO. 846 WHICH ARE REQUIRED FOR THE
EXP ANSION OF COLLIER BOULEVARD PROJECT -
APPROVED
MR. MUDD: The next item, Commissioner, is item 10K. It's a
recommendation to approve the purchase of right-of-way parcel
number 146, temporary construction easement parcel number 746, and
perpetual, non-exclusive drainage easement, parcel number 846,
which are required for the expansion of Collier Boulevard project
65061. Total fiscal impact is $1,363,392. And Jay --
MR. AHMAD: Ahmad.
MR. MUDD: Jay Ahmad. He's our new director of engineering
for transportation. And Jay will present.
MR. AHMAD: Good afternoon, Mr. Chairman, Commissioners.
My name is Jay Ahmad. I'm the director of transportation and
construction management.
Staff recommends the approval of this item to purchase
right-of-way parcel number 146, temporary construction easement,
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September 13,2005
parcel number 746, and a perpetual, non-exclusive drainage easement,
parcel 846, which are required for the expansion of Collier Boulevard
project 65061. And the total fiscal impact here is $1.363 million. And
the reason we're before you is because of the dollar amount.
Otherwise it would be a consent item.
CHAIRMAN COYLE: Okay. Any questions by
Commissioners?
COMMISSIONER FIALA: Yes, just one.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: I notice on the fiscal impact here, on
the third line, it said something about the turn lane is going to be
constructed by the property owners.
MR. AHMAD: The turn lane is -- my understanding it's going to
be constructed by the project. He's going to be refunding to us the
price of that turn lane, for about 19,000, if I read it correctly.
COMMISSIONER FIALA: Oh, I see. Okay. I'd like to make a
n10tion to approve.
CHAIRMAN COYLE: Motion to approve by --
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: -- Commissioner Fiala, second by
Commissioner Coletta.
Any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
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September 13, 2005
CHAIRMAN COYLE: It carries unanimously.
Item #10L
RECOMMENDATION TO AWARD A CONSTRUCTION
CONTRACT TO JOHN CARLO, INC., FOR RATTLESNAKE
HAMMOCK ROAD SIX-LANE IMPROVEMENTS - APPROVED
MR. MUDD: Commissioner, the next item is 10L. It's a
recommendation to award a construction contract to John Carlo, Inc.,
for Rattlesnake Hammock Road, six-lane improvements, bid number
05-3876, it's project number 60169, CIE number 37, in the amount of
$23,298,102.25.
Mr. Jay Ahmad, again, your director of engineering for
transportation, will present.
MR. AHMAD: They keep me very busy already, so --
CHAIRMAN COYLE: Spending a lot of --
MR. AHMAD: Again, for the record, my name is Jay Ahmad.
I'm the director of transportation and construction management.
Staff recommends to award construction contract to John Carlo,
Inc., for Rattlesnake Hammock Road, six-lane project, bid number
05-3876, for project number 60169 in the amount of$23,298,102.25.
John Carlo was the low bidder out of three bidders that were received.
And there is an allowance in this project for $2,115,000 for
contingencies. Essentially quantity adjustments and unforeseen
scenes (sic) -- unforeseen changes in the contract.
There's also an incentive/disincentive in this contract. We're
hoping that we can finish this project in two years or less, due to the
water table and the high level of water in that region.
There is an incentive of$5,268.16 per day to a ,maximum amount
of $500,000. There is no money in the contract, and we would be
coming back to you asking for that if that hopefully happens, they
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September 13, 2005
finish on time, which -- there is a liquidated damages in this contract
for $9,514.49 per day.
So essentially liquidated damages and the disincentive of 5,000
plus would be added for about 14,000 per day if the contractor finishes
late.
This contract, we used a method that Florida DOT uses, which is
called A plus B contracting, which is essentially -- it has an A
component, which is the cost of the project, the contractor bids on it as
he normally would, and there is a second component, which is a B
component, which is the time for the project.
We designated 730 days maximum time allowed, and we've
given per each day approximately $5,268. And so the contract to the
lo\v bid is determined by multiplying the number of days that the
contractor bid by that number and added to the cost.
The low bidder is the addition of those two, and John Carlo was
the low bidder. None of the contractors actually took advantage of the
time that was to be given to them if they bid less number of days. And
they all bid with the 730 days, so that was not even an issue here.
CHAIRMAN COYLE: Okay.
MR. FEDER: If I could, Mr. Chairman, I just wanted to
highlight one point on that. In trying to go out A plus B bidding, we're
trying to go, as we've done in other efforts, to be as innovative and
creative as we can in trying to bring these projects forward.
The thought was that if we could get the contractors to bid, not
only on the normal time of 730 days, if we could try to get them to
come in and tell us what they could reduce in that number of days and
\vhat the cost would be to bring it to this board -- I think what it shows
though is right now with the contracting, road contracting industry, is
they're pretty well tapped out. The resources aren't there, manpower,
as \vell as a lot of the resources, whether it's concrete, fill, lime rock,
and the like.
And so while we're continuing to hold everybody to our contracts
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September 13, 2005
and move forward, we need to recognize that that's what we're facing
right now, is they're having a hard time maintaining crews and moving
forward, but we'll continue to work with them.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: So, Norm, are you basically saying
that if we set milestones, that it's going to be difficult possibly to hold
these milestones in place?
MR. FEDER: Yes. And we have milestones in other projects.
We're finding it's difficult to hold them. We will then hold them to
liquidated damages if they don't meet it. Unfortunately, we're
probably realizing that in some of our bids when we put really tight
milestones on projects.
So we're continuing to try and find different approaches. That's
what this A plus B was, and unfortunately it wasn't successful because
nobody chose to try and do it because they've got so much work out
there, it's difficult for them to speed up. Everybody says, do double
shifts. Well, they're having trouble keeping manpower for single
shifts.
COMMISSIONER HALAS: So manpower's the biggest
problem?
MR. FEDER: That's the biggest problem. And if the people
don't live here already, it's hard to bring them in in our housing
situation.
CHAIRMAN COYLE: Okay. Thank you. Any further
questions?
COMMISSIONER FIALA: I'd like to make a motion to
approve.
CHAIRMAN COYLE: Okay. Motion for approval by
Commissioner Fiala.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Second by Commissioner Halas.
Any further discussion?
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September 13,2005
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously. Thank you.
Iten1 # 10M
CITY/COUNTY BEACH RENOURISHMENT PROGRAM,
APPROVE THE 10-YEAR BEACH/INLET FUNDING PLAN AND
A WARD BID #05-3854 TO GREAT LAKES DREDGING AND
DOCK - APPROVED
MR. MUDD: Commissioner, the next item is 10M. It's to
reconll11end approval of a city/county beach renourishment program,
approve the 1 O-year beach/inlet funding plan, and award bid number
05-3854 to Great Lakes Dredging and Dock in the amount of
$18,476,312.
And Mr. Gary Maclpin, your senior project manager for beach
renourishment, for all beach related matters, for that matter, will
present.
CHAIRMAN COYLE: Gary?
MR. MACLPIN: Thank you, Mr. Chair, Commissioners. For
the record, Gary Macalpin, coastal projects.
The item before you today has three parts, and all the parts are
intertvvined, and we're looking for approval on all three of the parts
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September 13, 2005
with approval of this item.
The first item is our beach renourishment plan. This is where we
will be taking approximately 625,000 yards of sand and renourishing
the Vanderbilt, Pelican Bay, Park Shore Naples beaches. We will be
renourishing them to approximately a nominal width of 100 feet.
In doing this, we have integrated the dredging of the inlets with
the renourishment. The sand that we dredge out of Wiggins Pass will
go to fill northern Vanderbilt Beach, and the Doctors Pass sand will
fill Lowdermilk Park.
So the plan is integrated, it's what DEP is recommending, and
they have approved the plan.
The second piece of what we're asking you to look at and
approve today is our 10-year plan. What we have done is we've taken
all of our expenditures, all of our commitments, all of our needed
improvements over the last 10 years, we've plugged them into our
schedule with estimated costs, we've taken conservative revenues from
the budget office, and we've also plugged in your mandatory
set-asides for beach renourishment and for catastrophic reserves.
I'm happy to say that we have -- were able to fund all of our
obligations for the next 10 years and have a positive yearly general
reserve.
And the last item is to approve the Great Lakes dredging
contract. Great Lakes is the low bidder. When the bids came in, they
were $6 million over our budget. Through a combination of scope
management and also additional funding from FDEP, we were able to
fund this program.
So that is the item we have before you today, and I'll answer any
questions that you might have.
CHAIRMAN COYLE: Any questions?
COMMISSIONER HENNING: Yeah, just on~.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: What kind of positive cash flow
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September 13,2005
are we looking at?
MR. MACLPIN: If you look down on your 10-year plan on the
general reserves, you will see that the 1 O-year plan is positive for each
-- for each of the next 10 years moving out.
COMMISSIONER HENNING: I'm just trying to find that. Fifty
cents, 20 cents? What page?
CHAIRMAN COYLE: It will be--
MR. MACLPIN: In here, page 53.
CHAIRMAN COYLE: Right after the certificate.
COMMISSIONER HENNING: In the back?
CHAIRMAN COYLE: Yeah. It's the second page from the
back.
COMMISSIONER HENNING: I still can't read it. All right.
CHAIRMAN COYLE: Still can't read it, can you? Look at that.
MR. MACLPIN: I apologize for the lightness of the print in
here. But if you look at our general reserves moving forward, for each
one of the years we are showing positive general reserves.
COMMISSIONER HENNING: Of $3 million each year? Is that
the general --
MR. MUDD: Yes, sir, it's around $3 million. When you get out
there it does go down. Move your pen back. It goes down to two
n1illion where his pen is --
COMMISSIONER HENNING: Okay.
MR. MUDD: -- come over two columns. It goes -- in the one
year that they do another renourishment project, their positive is
$144,000, and then starts building again back up to the $3 million
111ark.
COMMISSIONER HENNING: That's all the beaches?
MR. MACLPIN: That's the beaches, the inlets, the required
1110nitoring, the design, and any structures we would put on the
beaches.
COMMISSIONER HENNING: Now, who can complain about
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September 13, 2005
that, as long as we don't add any other tasks to it in the future, Mr.
Pennington.
CHAIRMAN COYLE: Okay. We have three speakers, I
believe.
MS. FILSON: Yes, Mr. Chairman. Jim Burke. He'll be followed
by David B-U-S-E-R.
CHAIRMAN COYLE: David -- yeah, I don't think this is the
issue you want to talk about.
MR. MACLPIN: I think it's the next issue that the speakers were
for.
CHAIRMAN COYLE: Yeah, I think so. Okay. Thank you.
MS. FILSON: How about John Domenie?
MR. DOMENIE: Hold for that issue.
MS. FILSON: 100 then, I'm assuming. That's the next issue.
CHAIRMAN COYLE: Yes.
MS. FILSON: We've already done ION.
CHAIRMAN COYLE: Yes.
MS. FILSON: The inlet management.
CHAIRMAN COYLE: The inlet management, yes.
Is there another speaker? No. That's it, okay.
MS. FILSON: No. I called all three names.
CHAIRMAN COYLE: Very well. Commissioner Halas?
COMMISSIONER HALAS: My concern is, do you have any
idea of what the escalation of this project's going to be prior to getting
it accomplished in cost?
MR. MACLPIN: This project will start in November of this
year, and all of the sand will be placed before the beginning of turtle
season next year, which is nominally the end of April. So we'll
complete this over a four-, five-month period of time.
COMMISSIONER HALAS: I'm talking about, cost.
MR. MACLPIN: The escalation is set with our unit price in the
contract.
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September 13, 2005
COMMISSIONER HALAS: Okay, great.
CHAIRMAN COYLE: Okay. Any further questions?
(No response.)
CHAIRMAN COYLE: Do I hear a motion?
COMMISSIONER HENNING: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion by Commissioner Henning to
approve, second by Commissioner Coletta (sic).
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes 4-0, with Commissioner Fiala
absent.
MR. MUDD: Commissioner, the next item is -- if you remember
correctly, ION was left on the consent agenda.
Iten1 #100
AN INLET MANAGEMENT POLICY AND FUNDING
GUIDELINES FOR CATEGORY A TOURIST DEVELOPMENT
TAXES - APPROVED WITH STIPULATIONS
Brings us to 100, which is the old 16F12. And this had to do
\vith Clam Pass, and I will read it for you.
It is to recommend approval of an inlet management policy and
funding guidelines for category A tourist development taxes. This
item was moved to the regular agenda at Commissioner Halas's
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September 13,2005
request.
And Ron or Gary or -- Mr. Ron Pennington and Mr. Gary
Maclpin will present. I think they'll flip a coin to figure out who goes
first.
Mr. Pennington's going to present.
MR. PENNINGTON: I'll be the presenter, but Mr. Maclpin will
be the technical one down here to get all these things going. He said
we're in trouble, but -- okay.
But while we're bringing all this up -- good afternoon, Chairman
Coyle and Commissioners. And, yes, all these things I will be talking
about are included in that 10-year plan, so we are funded. So that's a
great start.
Okay. Here we are. We're in business. Thank you. Thank you.
Good afternoon. I'm Ron Pennington, chairman of your Coastal
Advisory Committee. And as some of you may recall, hopefully all,
at the joint BCC/TDC workshop -- thank you, okay.
I could talk louder or get closer to the mike, so we'll try this.
As some of you may recall at the joint BCC/TDC workshop of
December 17th, I received concurrence for the CAC to develop
category A funding parameters for maintenance of the county's inlets
and passes.
That effort has been completed, and today I'm bringing forward
our recommendations for your adoption as the county's inlet
maintenance funding policy. The assigned duties of the CAC are
many and varied and include the many issues involved with
management of our inlets.
The basis for this is the public policy relating to improved
navigation inlets as stated by Florida statute 161.142, from which I
will quote. That statute says that the legislature hereby recognizes the
need for maintaining navigation inlets to promote cO,mmercial and
recreational uses of our coastal waters and their resources.
The legislature further recognizes that inlets alter the natural drift
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September 13, 2005
of beach quality sand resources, which often results in these sand
resources being deposited around shallow outer bar areas instead of
providing natural nourishment to the down drift beaches; therefore, all
construction and maintenance dredging of beach quality sand should
be placed on the down drift beaches, or if placed elsewhere, an
equivalent quality and quantity of sand from an alternate location
should be placed on the down drift beaches.
On an average annual bases, a quantity of sand should be placed
on the down drift beaches equal to the natural net annual longshore
settlement transport. So that's our guidance and direction from the
state legislature.
The specific areas recommended for tourist tax funding will be as
outlined on each of the following diagrams. Where's the following
diagrams? It should be popped down there. We'll try it this way.
There we go. Wiggins Pass inlet. We're going to work from
north/south, Wiggins Pass being the first that we're going to look at.
I'll get this better positioned. Okay.
So our first inlet, Wiggins Pass, which is one of two in the county
that are outlets or rivers to the Gulf. In this case, the Caloosahatchee.
Okay, thank you. Ebb current with river flow exceeds the tidal
induced flood current resulting in the channel remaining clear around
the flood tide shoal, which is up in this area. But the ebb tide shoal
expands to the point of inhibiting boat movement.
When that occurs -- and Commissioner Halas has experienced
this in Wiggins Pass with the shoaling there. When that occurs
though, it's time to bypass the sand. In here we bypass as we've been
doing to either Barefoot Beach Park to the north or the state park to
the south in accordance with the inlet management plan.
Now, for the future though we plan to amend the permit to enable
placing the sand along northern Vanderbilt Beach to augment our
beach restoration requirements. That's a mile to the south, and we can
pU111p it down there.
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September 13, 2005
We have just completed dredging from the indicated area, that's
this area, approximately 40~000 cubic yards, and that was put up along
Barefoot Beach.
Now, normally we will dredge here at a two-year interval. The
cost runs from 4- to $600,000, which historically we've done this with
category A funds.
We have a significant problem at this inlet in that we have a lot
of erosion right around this northern side. We discussed this with
DEP representatives that were at our last CAC meeting last week. The
recommendati0l! from their engineer is that we do a modeling study of
this area out here.
We're not -- from the CAC, we're not ready to jump into that at
this point. We would rather wait and see if we stabilize out here.
Right now along this edge our dredging has filled in from eight and a
half feet to about five feet, but we hope that that may be a point of
equilibrium there so that we will hold that. And I think Commissioner
Halas can get his boat out if we have five feet out there, so --
COMMISSIONER HALAS: Yep, three feet.
MR. PENNINGTON: Next we have Clam Pass. Now, Clam
Pass is a classic case addressed by the Florida statute of ebb tide shoal
disrupting the normal longshore distribution of sand. And this is our
ebb tide shoal area out here.
This has resulted in accretion to the north along Pelican Bay and
erosion to the south of Clam Pass, which is along our county park.
The -- both the flood and the ebb tide shoal and the flood tide shoal is
up in here, should be bypassed to the south and appropriately funded
by category A funds. An anticipated dredging interval at three years
at $300,000 is projected.
If I may briefly digress, there's been concern expressed by
Pelican Bay representatives as to our intent at Clam ,Pass. There's
been an aura of suspicion there that we have detected and false
assumptions.
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September 13,2005
The latest addition of the Pelican Bay services division advisor
stated our subcommittee was proposing to remove the shoal at Clam
Pass in order to make the pass a navigable waterway. Nothing could
be further from the truth.
Our subcommittee's only concern was in recommending areas of
inlets, all our inlets, to be funded by tourist development tax funds.
Separate and apart from this study though, the CAC has
discussed the need for renourishment of Clam Pass Beach Park, which
is seriously degraded. Initial investigation has shown that the Pelican
Bay private recreational beach to the north, which is along in here, of
the inlet, has grown with accretion of over 70,000 cubic yards of sand
to the detriment of our public beach to the south down here, which has
lost to erosion over 40,000 cubic yards of sand.
The public beach at new moon and full moon high tides is so
narrow people are forced up into the dunes and the mangroves, and I
would -- we can put this on the visualizer, and get it turned.
Okay. This, as you note, people up in the mangroves. So I cite
the new moon, full moon high tides, which are tenned spring tides,
which don't necessarily occur in the spring. But this is a situation that
we have, that the people are forced up into the mangroves under those
situations.
County parks and rec. wants to expand the use of Clam Pass
Beach Park, which is also the beach for the Registry Hotel and, I
think, three or four other hotels. The Registry manages the
concessions and operates the trams across the boardwalk.
The manager of the Registry, Mr. Ron Albeit, has expressed his
major concern that the beach has been allowed to deteriorate.
The basis of the problem is that since the Clam Bay Restoration
and Management Plan was established in 1998, attention has been
solely on the flushing on the pass for benefit of the J?1angroves, with
linlited dredging at the mouth of the pass. And they only came out to,
about this area was the maximum per the pennit.
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September 13, 2005
And this has allowed extensive formation of the ebb tide shoals
out here, with their effect o~ the beaches. It is the CAC's intent that
the public beach will be renourished next year using sand from the
flood and the ebb tide shoals of the pass.
Now, this will enhance the flushing to the bays to the benefit of
the mangroves. And we're committed to work with PBSD to assure
them there will be nothing done detrimental to their program. We're
working with an independent consultant who is -- who has also been
in conversation with the Pelican Bay's consultant on this, and it will be
a joint effort on that. We're doing nothing underhanded about this at
all, but we have to get our public beach back in shape. The sand is
there to do that with. So our intent is to proceed in that direction.
CHAIRMAN COYLE: Ron, Commissioner Halas was the one
who pulled this item from the consent agenda. I suspect his primary
concern was the Clam Pass area.
Has your question been asked~, or can we concentrate on that one
and --
COMMISSIONER HALAS: Well, no. What I need to know is
-- or my question is, I think there's some concerns by the people in
Pelican Bay, and I think they're going to speak on behalf of this.
My question -- and I'm not sure if you have the answer to that.
But as we look at this portrait that you have before us, we see the
build-up of sand on the north edge, and yet the deterioration of the
sand on the south side. Can you explain the hydraulics of what's
happening here?
MR. PENNINGTON: Yes. Our normal sand, literal drift of
sand, is north to south along our beaches. In the summertime we'll get
south to north. But in the wintertime, and this is dominant for the
year, most years, not every one, but our primary migration of sand is
south along our beaches.
So in this situation, as that ebb tide shoal built out, then the sand
backed up along that, and then further exacerbating the situation, the
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September 13, 2005
sand that does drift down around the shoal -- I'm trying to point my
fingers here. I should be doing it here.
As the sand comes down south around this shoal, then it goes out
around our beach, our public beach, and doesn't get back in there.
And this allows our beach on the south side to erode and not be
replenished in the normal manner in which it would be.
Now, we lose sand with all our beaches, and over time we'll have
to renourish, but --
COMMISSIONER HALAS: I think one of the concerns that the
residents in Pelican Bay had is that they put a lot of money and time in
regards to trying to restore the mangroves in there. And I think one of
their concerns -- along with maybe a couple of others. But one of the
main concerns, I believe, is, will this be -- you know, is there any
science that this is not going to be detrimental to all the effort and
money and time that they've put into their mangroves? Can you
assure them -- and I'm sure that's going to be one of the questions
that's going to be asked here.
MR. PENNINGTON: Yes, it will be. And I talked with the
chairman of the Pelican Bay Services District, Mr. Carroll -- nice
meeting you, Mr. Carroll. We've been on the phone, but -- and he told
me -- and he may wish to express this, too. His concerns was not the
beach side, which is our big concern, nor was it navigation, which is
some people's concern.
It is not our concern. That's not CAC's business. But it was,
were we going to do something that would impact negatively on their
mangrove program, and we said, no. And we had, from their
consultant, Mr. Ken Humiston, who is sitting out here, had affirmed
that. We had a meeting the other evening, Mr. Humiston, Steve
Keene, the -- from Coastal Planning and Engineering, and at that same
meeting was the engineer from DEP, Mr. Brantley. .
And Mr. Humiston said then, the question was raised. He said,
no. In fact, what we've proposed to improve will improve the flushing
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of that area and will be an enhancement as far as the mangroves are
concerned. We want to get .more sand on the beach, but in the process
we will be opening that up. Additionally--
COMMISSIONER HALAS: Maybe what we need to do is just
have the speakers that are registered, have them come forward so we
can get this moving.
MR. PENNINGTON: May I finish because I still have some
more passes to discuss, unless you want to do this in the middle.
CHAIRMAN COYLE: They only want to debate the Clam Pass
issue. That's the only issue.
MR. PENNINGTON: That's true, so--
CHAIRMAN COYLE: So if we can solve the Clam Pass thing,
we can get the whole thing approved.
MR. PENNINGTON: Okay. Your wish is my command. I only
want to point out one thing. Recently, within the last month, we have
had another channel cut through to the southwest, through here. So
now we have two channels coming out. And so certainly we have a
shoal in the middle of them, and that certainly has a negative impact
on our flushing.
So I'll be very happy to relinquish. And we do have some
experts out here, so I'll be happy --
CHAIRMAN COYLE: You'll get a chance for rebuttal if
anything comes up that requires it, okay?
MR. PENNINGTON: That's good.
CHAIRMAN COYLE: I promise you.
MR. PENNINGTON: Thank you.
CHAIRMAN COYLE: Okay. How many speakers?
MS. FILSON: We have five speakers. The first one's Jim Burke.
CHAIRMAN COYLE: Okay.
MR. CARROLL: He had to leave.
MS. FILSON: David Buser?
MR. BUSER: Buser.
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September 13, 2005
MS. FILSON: Buser, I'm sorry. He'll be followed by John
Domenie.
MR. BUSER: How much time do we have?
MS. FILSON: Three minutes.
MR. BUSER: Okay. Basically I think what's before us is
actually a jurisdictional issue. The science was explained very well
that the down-drift drift of the sand is blocked by the ebb shoal, and
that's the natural process throughout the State of Florida, and that's
why the Florida Senate came forth and basically passed statutes that
said, part of any beach renourishment planning has to include inlet
management plans, because they understand that the inlets affect the
beach.
Now, one of the other aspects of the Senate analysis was that you
have to do this in as cost-effective manner as possible, and that's one
of the issues here with the county. Should we bring in sand from fill
pits miles and miles away when we have a natural source of sand and
we can potentially at the same time, correct one of the most erosive
causes that's causing us to lose sand.
Now, what we have here is a huge accumulation of sand at the
private beach area, and a very severe erosion problem at the public
beach area. We also have a jurisdictional issue, which right now
every single aspect of the plan that is currently in place is managed by
Pelican Bay.
It is -- you will hear people speak from Pelican Bay today, you
will hear an engineer firm that is paid by Pelican Bay today. And I
encourage you, what we're trying to get from the public standpoint is
an independent engineering firm analysis.
If that analysis doesn't touch the ebb shoal, if that analysis does
not support a variation from the science that's presented by Pelican
Bay, then so be it. But what we want is we want an ~ndependent
engineering analysis and a true inlet management plan formulated.
Now, speaking to the hydraulics and will it harm the mangroves?
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I did speak with Dave Tackney (phonetic), who was one of the
original consulting hydrologists, and his feeling was that it would not,
and basically this is why. Most of the effort in the formal -- or the
current management plan was to increase the title prism inside the
pass. And any dredging projects would do that.
Touching the ebb shoal mayor may not be a permanent solution
to that, but it definitely is a way to prevent the southerly bypassing of
the public beach. And living in Seagate, I can tell you, that that public
beach is utilized more and more and more, and that the current plan is
to increase that access.
We have to somehow put sand on that beach, and we have to
have an unbiased management plan developed that is not controlled by
a special interest group. Thank you.
MS. FILSON: The next speaker is John Domenie. He'll be
f0110wed by Ken Humiston.
MR. DOMENIE: Commissioners -- Commissioners, good
aftell1oon. If I may have one second apart.
Commissioner Fiala, you mentioned -- early on you asked what
NV stood for behind the name. That is incorporated -- probably a
con1pany incorporated in Dutch possession, Purisale (phonetic), Aruba
or Holland. Namlosa Vanooshup (phonetic). Don't ask me to spell it.
COMMISSIONER FIALA: Thank you.
MR. DOMENIE: Good afternoon. I would like to point
son1ething out. How can I do that on these maps?
MR. PENNINGTON: If you'll move the mouse here. See that
finger pointer there?
MR. DOMENIE: Yes. Okay. All right.
What you're looking at at the moment is not the way the situation
is today. This is a very, very movable pass. And if you look all the
\vay down here, when I first came to Pelican Bay, this was where the
pass was. So over 300 feet have already been added to Clam Pass
Parle
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And in here you will see all this white. There's an awful lot of
sand available right here, which could be used to put on Clam Pass
Park.
In addition, if you look here, this is water, and we have dying
mangroves -- you can't see it very well -- because this passage here
was blocked by the sand which drifted in. So we have dying
mangroves because of the sand. So we should remove that sand, and
we remove that sand, we can put that on the beach, no problems there.
I have been with Pelican Bay, a year-round resident for 18 years.
I've served on the board of the Pelican Bay property owners, and I'm
now in my second term with the Pelican Bay Services Division. I'm
also on the board of the mangrove action group working in concert
with the Pelican Bay services division to preserve and protect the
Clam Pass/Pelican Bay ecosystem.
I understand that Mr. Pennington has assured me that he is not
about encouraging large boats entering the pass. This meeting here is
to determine if the ebb shoal at the entrance of Clam Pass should be
used to renourish Clam Pass Park. The Coastal Advisory Committee
determined that this was feasible, yet I believe that only yesterday did
engineers and surveyors go out to map and survey that area; is that
correct?
MR. PENNINGTON: Total Beach, annual for all.
MR. DOMENIE: Oh, that was the total beach, sorry then.
The removal of this shoal should only encourage large boaters to
use Clam Pass. And once inside, they would destroy the sea grasses
so necessary for the ecosystem and foul the waters with pollution and
human waste.
What are my objections? One, the pass cannot be compared with
Wiggins Pass or Doctors Pass -- I thought I was -- my early part,
talking about NV, would be taken off. .
CHAIRMAN COYLE: Oh, no, we don't take anything off. We
only take time away.
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September 13, 2005
MR. DOMENIE: Oh, okay.
CHAIRMAN COYLE: Go ahead. Go ahead and wrap up.
MR. DOMENIE: Wiggins Pass or Doctors Pass, which are
nlainly designed and maintained for boaters and serving the inland
docks and marinas, Clam Pass is used mainly for recreation by
children floating on the incoming or ebbing tide, canoers, kayakers,
fishermen, and the entrance to a critical estuary ecosystem.
I'll skip around. Pelican Bay residents have invested $3 million,
and the county has invested about $1 million over the last seven years
to restore and maintain the fragile estuary behind Clam Pass. No
attenlpt has been made to study the impact which the removal of the
shoal would have on this nature preserve.
The Coastal Advisory Committee heard comments from the state
environmental department, as well as the engineers from Humiston
al1d Moore advising not to dredge this shoal. There is even doubt that
the 1 O-year permit under which estuary is managed, could permit the
dredging of the ebb shoal.
Ask you -- well, all right. I'll skip. How much sand is available
in the shoal if you dredge the channel to a width of 150 feet, which is
\vider than the actual pass, and l50 feet long, and go down about lO
additional feet, you realize about 8,000 cubic yards. If you spread that
sand over 1,700 yards, you will probably only add about five cubic
yards per linear yard. Hardly enough to make a difference.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MR. DOMENIE: We are concerned about the future of all the
nlangroves where we spend so much time and money. Thank you
very much.
CHAIRMAN COYLE: Thank you.
MS. FILSON: The next speaker is Ken Humiston. He'll be
followed by Jim Carroll.
MR. HUMISTON: Good afternoon. Ken Humiston with
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Humiston & Moore Engineers. We are a member of the team of
consultants for Pelican Bay implementing the restoration and
management plan.
I might also add that we've been the consultant to Collier County
on issues related to Clam Pass and getting permits to re-open the pass
several times back in the 1990s when it closed.
And the inlet management -- the restoration and management
plan was created to address that issue of inlet closure, as it may have
affected the die-off of mangroves, as well as fish kills that occurred
when the inlet was closed.
The objective of the plan was to improve the circulation in the
bay. The design of the dredging for the plan included modifying the
inlet to the extent that improved -- or increased the amount of water
flowing in and out of the inlet, actually increasing current velocities so
that some of the sand that was in there would be scoured out by the
tidal currents, not only maintaining the circulation in the bay, but also
reducing the maintenance dredging requirement to the inlet and
preventing the inlet from closing.
The dredging plan did not include dredging of the ebb shoal
because it wasn't needed to improve the circulation in the bay. And
the other concern about dredging the ebb shoal is that it is the -- it's a
natural feature that's the platform upon which sand transport can
naturally get past the inlet. So I would disagree with those who have
indicated that the shoal itself is actually blocking sand transport.
Our concern is -- excuse me -- that the removing -- removing the
shoal creates a sink. It's a natural feature and it's going to reform, and
all that sand would re-accumulate in that area and starve the
down-drift beach, which, as Mr. Pennington indicated, depending on
the season, can be either north of the inlet or south of the inlet.
In the management policy agenda item packet that you have,
there are those exhibits of the six inlets. Four of those have an outline
on it which essentially coincides with approved or
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previously-approved dredging limits.
The two exceptions to that are Capri Pass, which really has never
had a dredging operation in the channel, and Clam Pass, which, the
outer part of this, basically west of this alignment here, has not been
dredged because that's where the ebb shoal is.
And as I said, our concern is removing that shoal can have
adverse impacts on the adjacent beaches.
Wiggins Pass is an example of a recently-completed project
where the dredging of the ebb shoal was expanded in 2000. Since
2000, there has been very severe erosion on Barefoot Beach Park,
in1mediately on the north side of the inlet. And there is enough
evidence to conclude that severe erosion is related to that expanded
dredging, which is something that we're also working with the county
on trying to address that issue.
Is that five minutes already?
CHAIRMAN COYLE: It's three minutes already.
COMMISSIONER HENNING: Two days.
CHAIRMAN COYLE: And that's it. We understand you do not
be1ieve this is necessary. Is that the message you want to give to us?
MR. HUMISTON: I don't say that it's not necessary. I certainly
recognize that fact that sand is needed on the Clam Pass Park. I just
don't think this is the solution.
CHAIRMAN COYLE: Okay.
MR. HUMISTON: Our concern is that it can cause additional
in1pacts.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: What's your suggestion for --
\vhere do we get the sand to --
MR. HUMISTON: I would like to add that I'm certainly not in
opposition to the county having a comprehensive management and
funding policy. I am more interested, of course, in the management,
the technical aspects of the management.
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September 13,2005
And I think that the work that the committee did and that Gary
Maclpin has done is very good. What I'm concerned about is, at the
policy level, establishing limits for the dredging. In this manner I
think that the dredging limits are something that are more of a
technical design task that would more appropriately be done by the
engineers who are going to implement this policy.
CHAIRMAN COYLE: Okay. Thank you.
MR. HUMISTON: Thank you.
MS. FILSON: Your final speaker, Mr. Chairman, is Jim Carroll.
MR. CARROLL: My name is Jim Carroll. You might
remember me. I was here last Thursday to get our budget approved.
There's a little I can add to the comments that have been made here
and detail about our whole system.
I think that all I would like to emphasize is the critical
importance of the whole mangrove forest, the Clam Pass, and all the
efforts we have put into making this whole ecosystem work.
I think when we heard about this a couple of months ago, it
started to tune into -- of the whole thing, our concern immediately
became, that the removal of this sand bar, I call it, would possibly,
maybe probably disrupt our whole ecosystem. And I can tell you, that
really is something we are fearful of.
When we got our permits in 1998, we got 10-year permits. We're
seven years into that. At that time the northwest corner of Pelican
Bay, the whole mangrove forest, had experienced a severe die-out.
And when we got the permits, we heard the other day the
gentleman from the environmental group say that he was party to
issuing those permits. And when he did it, he was very pessimistic
that we would be able to achieve our goal, that we would be able to
work on that whole system and fix that part of the mangrove forest,
and we did it.
And we are very pleased. As a matter of fact, we had very strong
comments from him about -- complimentary comments about what we
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had accomplished. And so, we are not wanting to take a risk to disrupt
that whole system.
Weare certainly not against adding sand to the public Clam Bay
Park there. We think that's a good idea.
We also think that there, perhaps, is a way -- and I've talked this
-- Mr. Pennington and I spent some hours on the phone over the
weekend on this. We talked about whether there was some way that
the interested parties here could get together and accomplish all our
objectives.
I think the Seagate people need to be involved in this whole
process. I think they -- they might feel that we're a private interest
and have no concern about them. That's not true. I think that we all
need to really work this together.
And so, rather than be -- take the position that this can't be done,
I think there is a possibility, or probability, that we could all work
together and arrive at a solution which would be satisfactory to all of
us. That's the way I feel. Thank you.
CHAIRMAN COYLE: Thank you very much.
MS. FILSON: Mr. Chairman, I have one additional speaker for
this item. Martha Dykman.
MS. DYKMAN: Can I speak at this one also?
CHAIRMAN COYLE: Sure, go ahead.
MS. DYKMAN: Hi. I'm Martha Dykman. I am a Seagate
resident. Some of you can remember when we came before you in the
spring and we showed you the pictures of how there was no beach at
the Clam Pass Park. In fact, mangroves, the dunes, were getting
c0111pletely trashed by the people that were down there with all the
hotel and the spring people trying to use that beach.
And, you know, I'm not a hydrologist, but, you know, the Coastal
Advisory Committee that you hired, or that are volunteers -- but then
Gary Maclpin, who you hired, when you see how the sand is being
blocked, when you see how wide Pelican Bay Beach is and it can't get
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down to the south -- and that's why the State of Florida made that rule,
that you dredge the passes and you put it on the beach.
Now, Pelican Bay thinks they're unique. They think, I guess, they
have the only mangrove system in the world. I don't know why they
think that. But more flushing is only going to help the mangroves. It's
not going to hurt the mangroves.
And, you know, first they came out with, we're going to bring
40-foot boats in there. If you brought a 40-foot boat in there, you
couldn't even -- you couldn't go anywhere, you couldn't turn around.
There's bridges there, there's narrow things. I mean, that's a ridiculous
statement.
Then -- you know, then they had another argument and they had
another argument. The truth is, their beach is getting really wide, and
they want to keep it that way. They're going to spend a million dollars
on sand. I don't blame them.
But, you know, the public beach is down to nothing, and tourist
tax money is set aside for the beaches. And all these hotels in the area
-- that beach, besides Marco Island, has the most hotels that are paying
towards tax money. And I think that they should be allowed to have
sand on that beach from that pass.
And I hope that you listen, not to the paid consultants by Pelican
Bay, but CAC and also TDC voted to hire an independent engineer for
$35,000, and he said that it would -- that there was a grid system, and
they had accrued a lot of sand on the north side to serve the south side.
And so, you know, I think it's up to you to remedy that. The
person from the state DEP, he had told CAC, he said, well, if you
break it, are you going to fix it? And my speech to him, well, it's
broken, are you going to fix it? Are you going to fix the Clam Pass
Park Beach? Because we can't allow another season to go with all
these tourists coming here, and a lot of people from that end of town
having no beach. It's rocks, it's shells, and it's nonex'istent at high tide.
So I hope that you will consider supporting your board, your
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C l\ C board, in this interest. Thank you.
CHAIRMAN COYLE: Thank you.
Okay. Commissioner Halas?
COMMISSIONER HALAS: I would hope that we can form a
partnership between Ron Pennington and Jim Carroll and the other
people who are concerned, especially, basically the Pelican Bay
people because of the fact that they've got a lot of money in these
mangroves.
And as we've heard from Ken Humiston, I hope that we can work
together and try to figure out a good way of addressing this without,
hopefully, disturbing the mangroves. And I'm sure Ken -- or Ken and
Ron, you two guys could probably work together on this thing and
CaIne to a solution on this in a timely manner.
MR. PENNINGTON: Well, I think so. Now, Mr. Carroll and I
:lad a telephonic handshake the other evening, and we agree. You
know, we want to work together. There's nothing we're going to do
independently.
The consultant that we are in the process of having look at all --
you know, right now we outlined an area and said, we recommend this
area be funded by tourist tax if we do something within it. We don't
la10\V until we get all the engineering reports in.
And the engineer that we have from Coastal Planning and
Engineering has already been discussing with Mr. Humiston. He's
using some of his data. Mr. Humiston has extensive data right in the
pass area.
Coastal Planning and Engineering is extending this out to 4- to
5.000 feet on either side, the area of influence of this inlet. So we're
looking at the whole thing.
Right now we don't know the depth of the sand out there. That's
one of the things we've got to look at. You know, what will be the
effect if we move some of that sand? We don't know. But we will
have at least two engineers that are going to be looking at this and
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giving us their advice on it. So we're not doing anything
precipitously. And, you know, we are going to be doing this for the
benefit of the community. And so I think it's all pluses.
Talking about boats coming through there, the one gentleman has
mentioned at a CAC meeting. Well -- and he cruised on a sailboat out
of Doctors Pass. I said, well, did he want a crew and went out at Clam
Pass?
But he asked about a 40- foot boat coming out of Clam Pass. I
said, hey, we're not going to have a 20- foot boat coming out of Clam
Pass.
And the constraint on that is not the ebb tide shoal. It's in the
tidal creeks on the inside is where boats can't get up there. Once they
get to the pass, why, we've got enough depth out there.
I've been up there recently, and people that were swimming out
there, it was over their heads on the depth. So the thing with Clam
Pass -- now, there was discussion about we have sand in behind the
pass --
COMMISSIONER HENNING: Ron?
MR. PENNINGTON: Yes, sir.
COMMISSIONER HENNING: I appreciate the work that you're
doing on the CAC, but we've got work to do here.
MR. PENNINGTON: I know you do, and I can talk and talk and
talk. And so I think, I'm looking for approval from the county
commission that we have what I have presented to you plus the other
passes, that this will be the policy of this commission for the funding
of those using tourist tax money. It provides a limitation, and we have
the funds, so I'm asking for your approval.
CHAIRMAN COYLE: Okay. Commissioner Halas, you have
one more question.
COMMISSIONER HALAS: Okay. .
Does this suffice with the people, the representatives of Pelican
Bay in regards, if we can -- they can sit down and figure this out?
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September 13, 2005
What we'll do, I think, is I'll make a motion to approve the rest of
the passes except for Clam Pass, and that that be -- come to some kind
of a mutual agreement, and then you or someone from Pelican Bay
come before the board and say, we've got this rectified so we can
continue it at speed.
MR. PENNINGTON: Be happy to do that.
COMMISSIONER HENNING: And I'll second the motion as
long as it costs less than what is being proposed.
COMMISSIONER FIALA: We do want to make sure that they
work with Seagate people, too, right?
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: You bet, yep.
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: You know, let me make one observation.
Clam Pass has been here for a long, long time, and so have most of
you, and me.
COMMISSIONER HALAS: Speak for yourself.
CHAIRMAN COYLE: I'm not talking about age. I'm talking
about, you've got a lot of experience. You've seen this. The engineers
have lived here for years. They know this pass.
You know, you guys could walk out in that hallway and in five
n1inutes develop the plan. You know what's going on at Clam Pass.
You know what needs to be dredged out and what doesn't. You know
the hydrology. All you need to do is take a look at the current
conditions and make a decision. But -- okay. This should not be a big
problem. It should be worked out fairly clear.
COMMISSIONER COLETTA: Call the motion.
CHAIRMAN COYLE: There is one thing that's certain, we want
the inlets to be maintained in accordance with state law. End of story.
And that's the way it's going to be.
MR. PENNINGTON: That's where we want to go.
CHAIRMAN COYLE: That's where you want to go, so--
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September 13, 2005
COMMISSIONER HALAS: And also protect the environment
in that area because of the amount of money that's been put in that
area.
CHAIRMAN COYLE: Well, and the people in Seagate have a
big investment in those mangroves, too. They are just as concerned
about those mangroves as anybody else. And so, it shouldn't be a case
of we're concerned about the mangroves and the other people aren't,
you know. They're all concerned about the mangroves.
Okay. All right. We've got a motion on the table by
Commissioner Halas to approve subj ect to working out an agreeable
solution to the Clam Pass plan, and a second by Commissioner
Henning, provided it does not escalate the cost. Okay.
MR. PENNINGTON: Right.
COMMISSIONER HALAS: Right.
CHAIRMAN COYLE: All right. 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're going
to take a 10-minute break.
MR. PENNINGTON: Thank you very much, Commissioners.
(A brief recess was had.)
CHAIRMAN COYLE: Do we have live mikes?
MR.OCHS: You do now, sir.
Item #1 OP
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September 13,2005
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS (ACTING AS THE CRA) AN AWARD OF
CONTRACT 05-3801 CONSULTING SERVICES FOR
PREPARATION OF A REVISED IMMOKALEE AREA MASTER
PLAN AND RURAL LDC (LAND DEVELOPMENT CODE)-
COMPANION TO COMMUNITY REDEVELOPMENT AGENCY
(CRA) APPROVAL OF CONTRACT UNDER ITEM #16Gl -
APPROVED
CHAIRMAN COYLE: We are back in session now. We're going
to consider P, item number P. It's lOP.
MR. MUDD: I think we need to go to -- we need -- lOP and lOT
are --
CHAIRMAN COYLE: Companion items.
MR. MUDD: -- companion items. And if you're going to do
anything with these, you need to do 16G 1, which is lOT, first, because
in that capacity you're acting as the CRA board and then you --
CHAIRMAN COYLE: Making a recommendation.
MR. MUDD: -- would do lOP, l6A35, in acting as the Board of
County Commissioners.
CHAIRMAN COYLE: So let's make sure we understand this.
On 16T, as the CRA board, we will be making a recommendation to
ourselves as the Board of County Commissioners. And then on 16 --
or lOP, which is previously 16A35, we will be making a decision as
county commissioners acting on the recommendation we just made to
ourselves.
MR. MUDD: Yes, sir.
MS. FILSON: And Mr. Chairman, I believe Commissioner Fiala
is the chairman of the CRA.
MR. MUDD: Yes, she is.
CHAIRMAN COYLE: Yes, that's right. And I will turn it over
to Commissioner Fiala as soon as she returns.
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September 13,2005
MR. MUDD: And lOT reads, it's a recommendation that the
Collier County Community Redevelopment Agency approve award of
contract 05-3801, consulting services for preparation of a revised
Immokalee area master plan and rural Land Development Code.
It's a companion to the Board of County Commissioners item
16A35, which is lOP.
And Commissioner Halas asked this item to be placed on the
regular agenda. He specifically asked for lOP, but I had to bring 10 --
I had to bring lOT over to that because they're companion items.
COMMISSIONER HALAS: Right.
CHAIRMAN COYLE: Okay. So Commissioner Fiala is the
chainnan of this Community Redevelopment Agency Board, so she
will now be taking charge of that particular portion of the hearing.
CHAIRMAN FIALA: Thank you. Would you like to present?
MS. MOSCA: Good afternoon, Madam Chair, Commissioners.
For the record, I am Michelle Mosca with the county's comprehensive
planning staff. And I've provided a history of the request for the
consultant services in the executive summary. And we can either
discuss that further, or we could go directly to questions.
We also have, as members of the public, members of both
committees, the local advisory CRA, as well as the Immokalee Master
Plan Envisioning Committee here to speak to you if you have any
questions for them.
CHAIRMAN FIALA: Oh. Commissioner Halas, could you tell
us what your concerns were, please?
COMMISSIONER HALAS: Yes. My concerns were, as I was
reading this, a flag went up. And what I'm concerned about -- it seems
that in the other CRA that we deal with, which is Bayshore, I was
hoping that we -- that we're not going in the direction that we did with
the Bayshore PUD, and that is, where we completely divorced that
CRA so that the county does not have real control of what's
happening, okay, that I think that we need to have that connection to
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September 13,2005
\vhere the CRA has to report to the county manager.
I just would feel more comfortable, and I was hoping that we
\veren't -- this is not the way the CRA was going to be set up.
CHAIRMAN FIALA: Could you respond to that?
MS. MOSCA: Yes. That's not the intention of the local advisory
committee or the Immokalee Master Plan Visioning Committee.
COMMISSIONER HALAS: Okay. The other concern that I had
was, as we get into the other document, it basically says that they're
looking for an overlay and that they want to basically set up their own
guidelines as far as an LDC code, and that was another problem that I
had.
We have enough problems administering our LDC codes as they
stand in the county. And then to have an overlay and then come up
with some new possibly LDC standards, that also concerned me.
COMMISSIONER COYLE: Can you really have two different
LDC standards? We're not talking about an overlay here.
MS. MOSCA: We are actually talking about an overlay. But
staff does have a recommended change to the contract to broaden the
ten11 code as well as zoning overlay, which will allow the consultant
to come in and, you know, have that flexibility to address all of the
concerns and issues related to the development standards, et cetera, in
the Immokalee community.
COMMISSIONER COYLE: It says, the development of a
revised Immokalee area master plan and a rural Land Development
Code.
COMMISSIONER HALAS: Yep.
COMMISSIONER COYLE: Now, a rural Land Development
C ode is not an overlay.
MS. MOSCA: No, it's not. And I believe that was how it was
originally advertised, so that same title is in the executive summary.
But if you look in the body of both the executive summary and the
contract itself, there's a reference to code as well as zoning overlay
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September 13,2005
within the Land Development Code.
COMMISSIONER COYLE: Okay. That confusion bothers me
because it seems like we are advertising something we're really not
considering, but -- nevertheless, now that Commissioner Halas has
raised that issue -- my concern is essentially this: We've had
experience having consultants hired to go develop some overlay or
design for redevelopment of a particular area only to find out that's not
what people really had in mind, and it wasn't acceptable to the Board
of County Commissioners and other things, but yet we have spent the
money on the consultant to do it already, and it turned out to be a big
waste of time.
I guess I would be looking for some process where the Board of
County Commissioners as -- or the Community Redevelopment
Agency board could provide some planning guidance to the consultant
up front so that they understood that we weren't going to have two
different codes, one for the rural areas and one for the urban areas, but
that we might be willing to consider overlays for certain areas that
more suit the needs of the communities and try to avoid the
misunderstandings and controversy that occur whenever a consultant
goes out and does a job and then comes back to the Board of County
Commissioners or the CRA board and finds out that we don't like
what he did. We don't want to waste the money, and I guess that's
where I am with this thing.
MS. MOSCA: Provided for in the contract, we have several
public meetings set up, as well as workshops with the CRA, the BCC,
and the Planning Commission, and various focus groups, so we should
be able to address that up front.
And I believe that the consultant is aware and the community, the
Immokalee community is aware, that there will not be a free-standing
Land Development Code for this community. .
COMMISSIONER COYLE: That it will be an overlay subject to
review and approval by the Board of County Commissioners as we
Page 23 1
September 13, 2005
proceed through the process, not at the end.
MS. MOSCA: What we'd like to do, as I stated earlier, is make a
recommended change to the contract itself to allow for flexibility. We
don't want to box ourselves in. So what I'd like to do -- any reference
to code or zoning overlay that appears in the contract, we would
change that to Land Development Code amendments.
COMMISSIONER COYLE: Or overlay?
MS. MOSCA: Perhaps I can defer to Marjorie.
MS. STUDENT: If it's an overlay, it doesn't envision a separate
code. But there have been issues that have arisen with other overlays
and the underlying zoning, and there may be a different approach to
address the issue, other than just an overlay. So that's why we wanted
the broader language so we wouldn't just be locked into an overlay.
COMMISSIONER COYLE: Okay. But going back to my
primary concern, do we get a chance to review this from the start to
the end, rather than waiting till it's finished, and then somebody pops
something on us that we're not going to agree with?
MS. STUDENT: It looks to me like there are workshops and so
forth along the way with the CCPC and the board and the CRA. So I
think that they're -- and correct me if I am wrong, Michelle -- but in
my review of the contract, where it lays out the different things that
are to be accomplished, there are, I think, opportunities along the way
for the board to be apprised of what is happening and what the
consultant is developing and to change course, if need be.
MS. MOSCA: That's correct.
COMMISSIONER COYLE: That's okay with me. Okay. As
long as it's spelled out in the contract, and we've got that kind of
review process, I'm okay.
CHAIRMAN FIALA: Commissioner Halas, does that finish it
for you? Then I have Commissioner Coletta and Commissioner
Henning.
COMMISSIONER HALAS: Yeah. I just want to just add one
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September 13, 2005
thing, that maybe we ought to think outside the box in the -- in the big
arena. Since this is basically for Immokalee, maybe if you think that
our codes are too stringent and maybe that you need to -- you want to
have more flexibility, then maybe they ought to think about
incorporating as a city.
COMMISSIONER COLETTA: My turn?
CHAIRMAN FIALA: Yes, go ahead.
COMMISSIONER COLETTA: Not that that idea has never
occurred. It has. Immokalee may incorporate someday, but right now
the economic base of Immokalee would never justify it. It's just not
even for consideration. I mean, that might be 10, 20 years off in the
future before they could even think about it. The tax base isn't there.
But what I would suggest, if you would be patient enough, these
people from Immokalee that are here in the audience, I see four or five
of them now, they've traveled a great distance to be here today when
they didn't think they had to. And in some case they had to leave their
place of employment to be able to make it here in time. If we could
hear them, and then maybe continue after we get to hear them, we
might be able to get some idea what they're actually looking for.
COMMISSIONER COYLE: Well, wait a minute. You know,
my question's been answered. Commissioner Halas's questions have
been answered.
If you do what you said you were going to do in the contract, we
can vote on it right now and get it done.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER COYLE: I'm sorry. Go ahead.
CHAIRMAN FIALA: It's all right. Commissioner Henning?
COMMISSIONER HENNING: I want to second that motion.
I've heard enough.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Okay. So -- I'm sorry. 'I didn't hear the
motion.
Page 233
September 13, 2005
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: I think he was referring to my
remark that I'm willing to go with this.
COMMISSIONER COLETTA: Yeah, motion to approve the --
COMMISSIONER COYLE: Motion to approve if we --
MS. STUDENT: Yes. It's on page D26, it references workshops
with both the Planning Commission, the CRA, and the Board of
County Commissioners.
COMMISSIONER COYLE: Okay, good.
CHAIRMAN FIALA: Okay, fine. I have a motion on the floor
by Commissioner Coyle --
COMMISSIONER COLETTA: Coletta, Coletta?
CHAIRMAN FIALA: Coletta? I'm sorry.
COMMISSIONER COLETTA: The good looking one.
CHAIRMAN FIALA: And a second by Commissioner Henning.
And now, we have speakers here to talk --
MS. FILSON: No, ma'am. I have speakers for lOP. Not this
item.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Okay, fine. Thank you.
Any further discussion?
(N 0 response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Page 234
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September 13, 2005
Item #10T
THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (NOW ACTING AS THE BOARD OF COUNTY
COMMISSIONERS) AWARD OF CONTRACT 05-3801
"CONSULTING SERVICES FOR PREPARATION OF A
REVISED IMMOKALEE AREA MASTER PLAN AND RURAL
LDC (LAND DEVELOPMENT CODE)" (COMPANION TO
BOARD OF COUNTY COMMISSIONERS APPROVAL OF
CONTRACT UNDER ITEM #16A35) - APPROVED
CHAIRMAN COYLE: Okay. Now, we're here now as the
Board of County Commissioners to consider a recommendation that
was just made by the Board of County Redevelopment Agency to
approve a consulting contract for the preparation of a revised
Immokalee area master plan and rural Land Development Code,
which has been changed to overlay. And we have --
MS. FILSON: Three public speakers.
CHAIRMAN COYLE: -- three public speakers.
Is there something you would like to say?
MS. MOSCA: Yes. Actually I had made a recommendation that
the contract be amended to broaden the term code and zoning overlay
to, I guess, we're going to go with Land Development Code
amendments.
CHAIRMAN COYLE: Okay.
MS. MOSCA: And that would, like I said, give that greater
flexibility to the consultant.
CHAIRMAN COYLE: I understand. I've got it. Okay.
COMMISSIONER FIALA: So you need a motion to make --
CHAIRMAN COYLE: Yeah.
MR. MUDD: I think we're okay on the CRA side of the house,
and now you're basically doing the contract --
Page 235
September 13,2005
CHAIRMAN COYLE: Board of County Commissioners--
MR. MUDD: -- to set the money, as long as you get that part in
there about broadening it a little bit to do LDC amendments, I think
we're okay.
CHAIRMAN COYLE: Okay. Is there a --
COMMISSIONER HALAS: And that entitles also workshops,
too, or no?
CHAIRMAN COYLE: Yes, under the same conditions as --
COMMISSIONER HALAS: Under same conditions, yeah.
CHAIRMAN COYLE: And so is there a motion to approve?
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Coletta, second by Commissioner Halas to approve this for a
consulting services contract for preparation of revision of the
Immokalee area master plan and Land Development Code, right?
MS. MOSCA: That's correct.
CHAIRMAN COYLE: With a schedule of workshops with
CCPC, Board of County Commissioners, and the Community
Redevelopment Agency board.
We have speakers. Do you -- it's getting late in the day. This
thing is going to get approved. Is it -- do you really want to speak?
MR. THOMAS: I really need to speak.
MS. FILSON: I'll go ahead and call them. They can waive if
they'd like.
CHAIRMAN COYLE: Okay.
MS. FILSON: The first one is Fred Thomas. He'll be followed
by Raymond Holland.
MR. THOMAS: I just want to allay everybody's fear. My name
is Fred Thomas. I have two hats on today. I'm the chairman of the
CRA advisory committee and chairman of Immokalee Master Plan
Committee.
Page 236
September 13, 2005
Weare concerned that we do things that are part of the overall
Collier County process, that gives us connectivity and allows us to be
your industrial heart.
As a part of this process, we have formed three, call them, task
forces or subcommittees; one dealing with business economic
development, government and what have you, and we have asked
representation from the County Manager's Office, Code Enforcement,
to be a part of that committee to bring information back to the overall
committee so that we have a -- the process solved in the proper way.
We're not trying to isolate, we're not trying to do anything
different. I told you all-- I promised you all a long time ago that I
would not form a new county. I would work within this county, and --
if you'll let us hire this consultant, if he'll come up with ways to allow
us to grow, be your economic engine, and still fit within the overall
Collier County code.
That's all we're trying to do, and we have involved everybody in
the process, unlike some of the experience you had with some other
folk.
The consultants know they have to come back before all the
various committees, come to various task force, various groups here,
to make sure we have a total plan. Something that you'll be able to
hold up, just like you hold up the rural lands as a model to the rest of
the world. Okay?
CHAIRMAN COYLE: Good, thank you.
MS. FILSON: The next speaker is Raymond Holland.
MR. HOLLAND: If you're going to pass it, I'll just sit here and
wait.
MS. FILSON: And your final speaker is Bob Sorter (sic).
MR. SOTER: Soter, I'll pass as well.
CHAIRMAN COYLE: Okay, thank you.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
Page 237
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September 13, 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 passes unanimously. Thank you very
much.
MR. THOMAS: Thank you very much.
MR. MUDD: Commissioners, that brings us to item --
CHAIRMAN COYLE: 10S.
MR. MUDD: Sorry?
CHAIRMAN COYLE: lOS, Sierra.
MR. MUDD: No, sir.
CHAIRMAN COYLE: No?
MR. MUDD: 10Q, Quebec, \vhich is--
COMMISSIONER FIALA: We did that.
MR. MUDD: -- which is 16D9. Excuse me. We did that.
CHAIRMAN COYLE: We did that.
MR. MUDD: You're absolutely correct. It's late in the evening.
CHAIRMAN COYLE: I'm always correct.
MR. MUDD: You're dead on. I'm sorry.
Item #10S
FUNDING FOR RESTORATION AND EXHIBIT
DEVELOPMENT AT THE NAPLES DEPOT - APPROVED
Brings me to IDS, you're right. It's 16F1K, and that reads, to
provide funding for restoration and exhibit develop~ent, the Naples
Depot, and that item was moved to the regular agenda by
Commissioner Henning.
Page 238
September 13,2005
MR. SMYKOWSKI: Good evening, Commissioners. For the
record, Michael Smykowsk.i, Collier County O&B director.
COMMISSIONER HENNING: Let's just get to the chase.
MR. SMYKOWSKI: Yes, sir.
COMMISSIONER HENNING: Commissioners, the reason I
pulled this is, the budget for this year, which we're working on it
currently, was set and this is a change, a change due to the policy. But,
you know, it's my opinion that TDC is always -- we always give them
opportunities to weigh in on budget issues. And since this is a change
to -- I forget even what category it is anymore, I would like to see the
TDC weigh in on this executive summary.
CHAIRMAN COYLE: Okay. What's staff have to say about
that?
MR. SMYKOWSKI: The TDC has seen this in a couple of
venues. I'll just put a couple items on the visualizer.
This executive summary was approved by the TDC or by the
board on April 12th, '05. That involved the change in the allocation to
the museum from 19 to 22 percent, which is one element of this -- of
the budget amendment we have in front of us today.
In addition, Mr. Wert -- prior to the board workshops in June,
Mr. J amro presents the TDC budget to -- or the museum budget to the
TDC. This went to the TDC on May 23rd, and that -- there's an
attachment which is consistent with the budget that was presented to
the board in the June workshops.
In -- and this incorporated changes from a number of items, extra
money collected in fiscal year '04, extra money projected to be
collected this year, as well as the change in the museum allocation to
that 22 percent level.
So we believe at this point that the TDC in both instances, by
virtue of these approvals, and the board has seen the changes.
What we have doing here is truing up the budget to reflect the
protected level so that at fiscal year end we can make the appropriate
Page 239
September 13,2005
transfers to the money that is truly owed to the museum, both from
last year's extra collections as well as, again, the additional money
collected just from, we're having a very good year tourist-tax-wise, as
well as the change in the policy that the board made relative to the
percentage allocation of 22 percent that goes to the Collier County
Museum.
MR. MUDD: Commissioner, there's -- Commissioner, there's
also a -- this is part of the record from the meeting on 23 May when
Mr. Wert presented the museum budget.
You'll notice down at item 3, category C, grant funds, Mr. Jamro
talked about the museum, and Mr. Sorey moved to recommend to the
BCC that museums received are 22 percent from the tourist tax as by
Ordinance.
And then it goes on in the next page to talk about C-2 non-county
owned museums at that particular meeting.
So, you know, I talked to Mike about your concerns, and we
basically did some research as far as where it went in front of the TDC
and whatnot.
COMMISSIONER HENNING: Well, you're talking about the
'06 budget. Actually '05-'06, correct?
MR. SMYKOWSKI: Actually we're talking about both. It
would be the forecast that was presented to the TDC, as well as the
budget for fiscal year '06.
COMMISSIONER HENNING: Okay. We're not talking -- the
item on the agenda today is not '06, '05/'06. It's '04/'05, right?
MR. SMYKOWSKI: Yes.
COMMISSIONER HENNING: Okay. Well, let's not try to
confuse the issue. You know, the issue is this year's monies. That's
what we're talking about. Now, are you saying that they reviewed the
-- this action item and made recommendations?
MR. SMYKOWSKI: The budget that was presented to the TDC
in May is consistent with the budget that was presented to the board
Page 240
September 13, 2005
and in the budget that was released in June.
COMMISSIONER HENNING: In May the budget was for
'05/'06 or '04/'05?
MR. SMYKOWSKI: There are two elements. We're dealing not
only with the proposed budget for FY-'06, but also the projected
column or forecast level. As you can see, there's some additional
tourist tax revenue that was projected in fund 193.
And as a result of making those changes, some of that money
goes to the museum. There's 1,276,900 that was budgeted in a transfer
to the museum. The forecast projection, again, due to the extra collect
COMMISSIONER HENNING: Okay. Column '04/'05, this is
the true and up, you're saying? You're saying, you trued it up,
presented it to TDC for the museums, and they made
1 ecommendations to approve?
MR. SMYKOWSKI: Yes.
COMMISSIONER HENNING: Well, I'm satisfied with that.
That's the only answer I really needed yesterday when I met with the
county manager.
Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by
C0111missioner Henning, 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?
(No response.)
CHAIRMAN COYLE: It carries unanimously.
Page 241
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"'''_~. __ "","1oI
September 13, 2005
MR. SMYKOWSKI: Thank you.
CHAIRMAN COYLE: Thank you very much.
We're into public comments. Do we have any -
MR. MUDD: No. That brings us to 10 uniform, which is
16A29, and that has to do with Ave Maria.
Item #10U
AN INTERGOVERNMENTAL INSPECTION AGREEMENT
BETWEEN COLLIER COUNTY AND THE AVE MARIA
STEWARDSHIP COMMUNITY DISTRICT - APPROVED
MS. FILSON: They pulled this one off at the beginning of the
meeting.
MR. MUDD: And they specifically, it's a recommendation to
approve an intergovernmental inspection agreement between Collier
County and Ave Maria stewardship community district.
CHAIRMAN COYLE: Who pulled this one?
COMMISSIONER HENNING: I did.
CHAIRMAN COYLE: Okay. Let's find out what Commissioner
Henning's concerns are.
COMMISSIONER HENNING: My concerns are, we're giving
special treatment. Let me get to that item. What's the old --
COMMISSIONER FIALA: Twenty-nine, A29.
COMMISSIONER HENNING: A29. Approve an interlocal
agreement. And if you go into the -- into the agreement we're talking
about -- and correct me if I'm wrong -- inspection services for their
infrastructure.
MR. KUCK: Yes, for the record, Tom Kuck, Engineering
Director and County Engineer.
What we are talking about with this agreement,' with the
stewardship area, it would be reducing the inspection fees on one
Page 242
o·".,~__",·
September 13,2005
segment involved in SDP number one and two. And I'll show you
what's involved in that.
Reducing -- our normal fee would be 2.25 percent of the
construction cost. And under this proposed agreement, we would be
reducing that to 1.5 percent. And I'll show you which area that is.
The stewardship where we would be reducing the fees would be
-- it's kind of an orange color right up through here, this -- and I call it
the entry road. And the only reason we would be considering
reducing that, under the bonding agreement that the stewardship has
for the financing, they're required to have 100 percent inspection
during the duration of that.
I've worked with the numbers so we can oversee their inspectors,
not full time, just making sure they're doing their job, and also when
\ve get involved in the acceptance procedures, our costs should be
cJvered.
The rest of the project, as they develop it, all these residential
areas here, here, the campus, the commercial properties, the residential
here, they will be paying the 2.25 percent inspection fee for those
areas.
COMMISSIONER HENNING: Okay. So basically what you
told me is, there's not going to be any net loss. But you also said in
here about duplicate inspections, so if there's a problem -- let me give
an example, and you can help me out. If you go out there, you inspect
son1ething, there's a problem. You red-tag it, say you've got to correct
this. You go back to the office, you come back out after they correct
it. Is there two charges?
MR. KUCK: No. What we're doing, we're overseeing the
inspection that's being done on that particular segment of the roadway.
A.gnoli, Barber, and Brundage have been hired full time by the
ste\vardship area to do full-time inspection.
I have a part-time inspector out there more or less seeing that
everything's being done according to county standards. You might
Page 243
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September 13,2005
call it a little bit of double coverage. And his duty is, if he sees
something wrong, he's not to red-tag them. He's to go to the chief
inspector for Agnoli, Barber, and Brundage and bring up whatever the
issue is so they can work it out. If it's not worked out, then we would
be looking at red-tagging something. But so far it's been working out
real well.
COMMISSIONER HENNING: Oh, you're already doing this
now?
MR. KUCK: Yes.
COMMISSIONER HENNING: Oh. Well, I guess I better
approve it then, right?
CHAIRMAN COYLE: Or it comes out of your district's budget?
MR. KUCK: No, they would -- if it's not approved, then they
would be subject to paying the 2.25 percent. And we've been
working, I think, since, what, April, back and forth.
The original proposal was to pay us .75 percent. I said, that's not
enough. I went through the numbers. They came back with a
counteroffer of one percent. I said, that's not enough. They came
back with one and a quarter. I said, that's not enough. Because I had
figured what our cost would be with the reserve, and I came up to that
one point -- whatever, equates to 1.5 percent. And my numbers, based
on the estimated time we'll spend, we will probably have 40- or
$50,000 in surplus in our inspection fees.
COMMISSIONER HENNING: Well, the decision's already
made. Why do we need to approve this?
MR. KU CK: You need to approve the agreement, the interlocal
-- or intergovernmental agreement between the county and the
stewardship area.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Any questions?, Do I hear a
motion?
COMMISSIONER HALAS: Move for approval.
Page 244
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September 13,2005
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Commissioner Halas moves for
approval, Commissioner Coletta seconds.
Any further discussion?
COMMISSIONER FIALA: Yeah. I just hope we get some of
that special treatment for some of the other people that are building
and so forth. That's very nice that you're doing that, but I bet some
other developers would like that same special treatment.
MR. KUCK: Well, we're really not doing it as a favor. I don't
want to make that type of an impression.
We've established a fee that's going to be more than adequate to
cover our cost. And I think sometimes -- our fees are all based on
estimates. And sometimes we might go in the hole, sometimes we
make more -- or collect more than what we should. But I feel that this
1.5 percent for that segment of it more than covers our cost.
COMMISSIONER FIALA: And you don't even red-tag them or
anything. That's--
MR. SCHMITT: Ma'am, could I clear the record though? This
is not a special treatment. They're authorized to do this because of the
special setup of the special district, and if the county attorney would
opine on that. Just to make sure you clear the record, this is not any
type of special treatment or any type of special consideration. We've
been working on this agreement for about, at least five months.
MS. BELPEDIO: Jennifer Belpedio, assistant county attorney.
Joe Schmitt is absolutely correct. I have comprehensively reviewed
the special act, also the applicable statutes, including chapter 163,
which speaks to interlocal agreements, and it is my opinion that this is
not any special agreement. This is a special district with a special act,
and it is within the scope of the board's authority to delegate the
specific powers that it is giving in the agreement to tþe Ave Maria
ste\vardship district.
It's not that the Ave Maria stewardship district will be performing
Page 245
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September 13,2005
the inspections and its own oversight and all the final inspections. It's
just the preliminary portion, and the county staff will be inspecting for
final approval.
CHAIRMAN COYLE: Okay.
MR. WEIGEL: I'd like to add to that a little bit, if I may, Mr.
Chairman, Commissioners. What I believe we have here is the fact
that we have by fee resolution the 2.25 percent standard. And by
virtue of the fact that there's a little different service being provided
here, there has been negotiated and brought back to you a different fee
for the standard of service that's being provided.
Mr. Kuck has indicated there is some distinction here. That is
not covered in your policy, so clearly it has to be something that's
approved by you.
There is no set standard. As he indicated, it had been negotiated,
apparently, from a lower figure to the figure that comes to you today.
So to the extent that, you know, this is a special district
government, clearly it appears the research indicates that the authority
is there and legality for the board to enter into this arrangement with
the special district.
It may be at some point in the future you would want staff, with
the assistance of county attorney, to bring back to you a report and
recommendations in regard to a more standardized approach as
opposed to a negotiated approach that comes to you later.
It's my understanding that if the board were not to approve this
agreement today, that the 2.25 percent standard would be what's
applicable because that's the standard you have in place. Because of
the fact that the special district has to do an inspection -- has
requirements of inspections of its own, yes, there is, in fact, a kind of
duplication that arguably may occur.
But the governments are also separate, not just ~orking together.
And so the authority is there for the board to go at 2.25 percent or
accept staff recommendation for a slightly different arrangement, still
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September 13,2005
get our money's worth at the --
COMMISSIONER HENNING: Well, the bottom line is, we're
not losing money from it, and that was my concern. But what I'm
hearing is we're already providing that service, so the decision is
already made.
Anyways, it is what it is, and I'm not voting for it.
CHAIRMAN COYLE: If I understand the point, it is that if we
\vere going to -- if staff were going to ask us for permission, they
probably should have asked us for permission before you started doing
it.
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Is that essentially --
COMMISSIONER HENNING: I mean, that -- for -- according
to state statutes 125, it spells out the duties of the county
commissioners and the county administrator. The county mana -- the
county commission is to make laws, laws and Ordinance, enter into
agreements, and interlocal agreements, as it says in there. The county
n1anager's supposed to apply the law and Ordinance of the board.
And what's happened here, in my opinion, it's the other way
around. The law -- the agreement has already been made, the work --
the service is already being performed, and all we have to do here is
just give it final blessing to make it legal. My only point is, it's
already going on.
MR. MUDD: Commissioner, that's -- I don't believe that's
correct. I believe what's the -- it's been six months trying to come up
with an agreement. The special district asked to get some relief as far
as the cost that it would be for inspection because they were already
inspecting the process.
COMMISSIONER HENNING: Is it from this date forward or
fron1 the time of the service of being --
MR. MUDD: Commissioner, if you don't -- if you don't approve
the -- this 1.5 percent, then from way back when they -- when they've
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September 13,2005
been inspecting, then it's going to be two and a quarter percent.
COMMISSIONER HENNING: Okay. So -- if we don't agree to
it. But if we agree to it, it starts at the new price. You're going to bill
them for services rendered at the new price?
MR. MUDD: Yes, sir.
MR. KUCK: No, it -- I'd just like to state that they were
agreeable to pay, you know, the full amount up front and then refund
the difference. I said -- and we really thought this agreement would
be coming forward like three months ago before construction started.
It didn't. And if you dis -- you know, disapprove the agreement, then
they will be paying 2.25 percent on the work that has been done plus
the work remaining.
COMMISSIONER HENNING: I understand that. Okay.
CHAIRMAN COYLE: Okay. We have a motion on the floor.
All in favor, please signify by saying aye.
COMMISSIONER COLETTA: I'm sorry. The motion was for
what?
COMMISSIONER COYLE: For approval of the contract.
COMMISSIONER COLETTA: And that motion was made by?
CHAIRMAN COYLE: I think it was made by Commissioner
Halas, and seconded by you.
COMMISSIONER COLETTA: Okay, fine. Just checking. It
was such a long span of time, you tend to forget these things.
CHAIRMAN COYLE: Now, you want me to tell you how
you're going to vote now?
COMMISSIONER COLETTA: Yes, please.
CHAIRMAN COYLE: Okay. Say yes.
COMMISSIONER COLETTA: Okay.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: You said to say yes.
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September 13,2005
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Okay, say yes.
COMMISSIONER COLETTA: Yes.
CHAIRMAN COYLE: Yes. All opposed, by like sign?
COMMISSIONER HENNING: No way.
CHAIRMAN COYLE: Okay. It passes 5-1 (sic) with
Commissioner --
MR. MUDD: 4-1.
CHAIRMAN COYLE: I'm sorry, 4-1 with Commissioner
Henning objecting.
MR. KUCK: I would just like to add one thing to the record, that
we have been doing, you know, not full-time inspections during the
duration of this work, but the consultant, Agnoli, Barber, and
Brundage, have been doing daily inspections.
And we've got so many projects, put this project aside, \ve can't
do daily inspections on all the projects. I don't have -- you know, I've
got like three people out in the field doing inspections, and I don't
have the personnel to have somebody full time on every one of these
projects under construction.
COMMISSIONER HENNING: Did you ask for more people?
MR. KUCK: I asked for one more person, and that one person
was approved. And I'm thinking --
COMMISSIONER HENNING: You're welcome.
MR. KUCK: -- I may be coming back and asking for another
person. Thank you.
CHAIRMAN COYLE: Okay. Thanks, Tom.
MS. BELPEDIO: Thank you.
CHAIRMAN COYLE: Okay. Now do we go to public
c0111ments?
MR. MUDD: Public comments.
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September 13,2005
Item #ll
PUBLIC COMMENTS ON GENERAL TOPICS
CHAIRMAN COYLE: We do--
COMMISSIONER HENNING: What about 12A?
MS. FILSON: Public comments first.
CHAIRMAN COYLE: Yeah, public comments come first.
MR. MUDD: Public comments, paragraph 11.
CHAIRMAN COYLE: And then county attorney's report.
MS. FILSON: The first public comment speaker I have is Bob
Murray.
CHAIRMAN COYLE: Aren't you going to waive, Bob?
MR. MURRAY: No.
CHAIRMAN COYLE: We've been here an awfully long time.
MR. MURRAY: I kno"v. Good evening, Commissioners.
I'm here because of Caribbean Gardens. As you know, you
received from our association a letter and a resolution wherein we
emphatically and unanimously urged that you go ahead with this.
I'd just like to add to that if today we were presented -- you and
we, the county, were presented with solicitation and opportunity to
purchase these same acres and someone were to say to us that it was
$67 and a half million -- and while we might sit in shock for the
moment, once we evaluate the cost of property, and after some
negotiation, my guess is that the people of this county would have
voted the same way as they voted for 40 million.
We understand that the $40 million vote was representative of the
first effort to get something on the table. You're under an extremely
strange process where you first have to come up and acknowledge
publicly, no one in their right mind would want to nt?gotiate under
these circumstances. But, in any event, this is what we have done.
So the East Naples Civic Association and its membership, not
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September 13,2005
just its board, has wholly endorsed this, and we think that it would be
a wonderful thing. And amortized over some 30 years or so, although
the money is a lot, we understand that it can be cobbled together from
various sources, and we would hope you'd go forward with that. And
I thank you for the time.
CHAIRMAN COYLE: Thank you, Bob.
MS. FILSON: Your next public speaker is Gary Klockhuhn.
CHAIRMAN COYLE: I don't see him.
MS. FILSON: Do you know him?
COMMISSIONER FIALA: Gary Klockhuhn, or Klockhuhn. I
don't know how to pronounce his last name. He must have gone.
MR. MUDD: Is that the gentleman that wanted to talk about
handicap particular issues?
COMMISSIONER FIALA: About the wheelchairs?
MS. FILSON: Katrina it says.
MR. MUDD: And I've already talked to that group, and we will
set up a meeting with our emergency management folks, with the Red
Cross, our special needs, and see if we can't get them in touch with the
special needs folks that are on the mortal coast to make sure that they
have the right information that they need.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: And who's next?
MS. FILSON: That is your final speaker for the day.
Item #12A
RECOMMENDATION PURSUANT TO COLLIER COUNTY
RESOLUTION NO. 95-632 THAT THE BOARD OF COUNTY
COMMISSIONERS CONSIDER AND APPROVE PROVISION OF
LEGAL DEFENSE AND PAYMENT OF LEGAL EXPENSE OF
FRED W. COYLE AND JAMES V. MUDD, A COMMISSIONER
AND COUNTY EMPLOYEE, RESPECTIVELY, NAMED
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September 13, 2005
INDIVIDUALL Y AS DEFENDANTS IN THE COMPLAINT
STYLED WILLIAM S. LITSINGER V. COLLIER COUNTY
BOARD OF COMMISSIONERS, FRED W. COYLE,
INDIVIDUALLY, AND JAMES V. MUDD, INDIVIDUALLY,
CASE NO. 2:05-CV-404-FTM-33DNF IN THE UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA,
FORT MYERS DIVISION, AND WAIVE THE PURCHASING
POLICY TO THE EXTENT IT MAY APPLY TO THE
SELECTION OF OUTSIDE COUNSEL AND/OR OTHERWISE
EXEMPT THE SELECTION OF OUTSIDE COUNSEL FROM
COMPETITION PURSUANT TO VII.G. OF THE PURCHASING
POLICY - APPROVED
CHAIRMAN COYLE: That's it. Okay. We go to county
attorney's report.
MR. WEIGEL: Thank you, Mr. Chainnan. Item 12A brings to
the board the issue of the -- of the potential authorization for payment
of attorney fees and selection of counsel, in this case for the county
manager and for the chainnan, who have been named individually in a
federal lawsuit recently, and the county has a policy in place since
1995 which does indicate that the board shall provide, under regular
circumstances, of which I think we have those here, for both the
payment of counsel fees and expenses as well as allowing for the
selection of counsel if the board so chooses for situations such as
these.
The background infonnation here is that the lawsuits -- the
lawsuit was filed a few weeks ago naming both the Board of County
Commissioners as the collective body and Mr. Mudd and Mr. Coyle
as individual defendants, filed in federal court in the middle district.
The specifics are shown there in the executive summary, the case
number. '
Service was had on Mr. Mudd almost immediately subsequent to
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September 13, 2005
filing, and service was had upon Mr. Coyle and the Board of County
Commissioners generally recently.
As typical in these kinds of situations, it is important and
necessary in the interest of the individual defendant to have the
opportunity to seek and secure counsel and be represented prior to a
board meeting, if appropriate.
Both with discussions with Mr. Mudd and Mr. Coyle, I know that
they have gone forward. Mr. Mudd has, in fact, been working with
most recently Mr. Eric Vasquez, who is also representing him in
another lawsuit against the county where he is also named
indi vidually.
It's my understanding that Mr. Coyle has, in fact, spoken with
and potentially secured outside counsel as well.
Again, the policy of the Board of County Commissioners under
resolution 95-632 provides for the board to typically approve counsel
and the payment of fees and costs in these civil and civil rights
la\vsuits.
And I'm certainly available to answer any questions you may
have. And to the extent --
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER FIALA: Second that.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by
Con1l11issioner Henning, second by Commissioner Coletta.
COMMISSIONER FIALA: No, Fiala.
CHAIRMAN COYLE: Actually it was him.
COMMISSIONER FIALA: Oh, was it?
COMMISSIONER COLETTA: I said it louder than you this
tln1 e.
COMMISSIONER FIALA: Oh, I see.
CHAIRMAN COYLE: He was first.
COMMISSIONER FIALA: Okay, okay. You better be nice or
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September 13,2005
I'm not going to vote. .
CHAIRMAN COYLE: It was seconded by Commissioner Fiala.
COMMISSIONER FIALA: I had a question though.
CHAIRMAN COYLE: All in favor --
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Oops, you had a question.
COMMISSIONER FIALA: Just a fast question. Are you able to
choose whichever attorney you'd like to work with?
CHAIRMAN COYLE: Yes.
COMMISSIONER FIALA: Okay. Thank you.
MR. WEIGEL: I'd like to add a little bit, as part of your motion.
CHAIRMAN COYLE: The price is constrained, but under
Ordinance, so we --
MR. WEIGEL: That's right. The executive summary indicated
the typical kind of range that we come into.
My understanding is that both Mr. Vasquez, for Mr. Mudd, and I
believe Mr. Potanovic for Mr. Coyle, are within the range as indicated
within the executive summary. And the county attorney, with the
approval of such a motion, would like to take care of any details that
go there in regard to retention.
CHAIRMAN COYLE: Okay. 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., Thank you.
MR. WEIGEL: Thank you.
CHAIRMAN COYLE: Now, anything from the clerk's office?
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September 13,2005
MR. JOHNSSEN: No, sir.
CHAIRMAN COYLE: Okay. County Manager?
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: Yes, sir. First item I'd like to talk about is a memo
that the chairman received from Michael Pettit, Chief Assistant
County Attorney, that basically talks about a joint workshop with the
Hispanic Affairs Advisory Board.
If the board can give me direction, I'll set up that joint workshop
with that board and the Board of County Commissioners. And if you
don't want to give me that direction, that's fine. But I'd like to be able
to at least draft an answer to this particular memo to get it back to the
head.
COMMISSIONER COLETTA: You've got a nod here.
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: Okay with me.
MR. MUDD: Okay. And I'll set that workshop up.
Next item. Next item is, we received the fourth appraisal for the
Fleischmann property that contains the zoo, Caribbean Gardens.
Coastal Engineering was our -- one of our earlier appraisals. The
Hanson Real Estate advisor is the appraiser that the Fleischmann
family used, and that's the 67-five that everybody reads about in the
paper.
And if you remember correctly, John Passidomo wrote me a
letter when the board made their initial offer, and that was an average
bet\veen Integra and the Coastal Engineering Group, and that offer
was for $49,000 (sic). That offer was turned down by the
Fleischmann's' agent, Mr. --
COMMISSIONER FIALA: Probably 49 million, right?
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September 13, 2005
MR. MUDD: I'm sorry. Did I say thousand? Forty-nine million.
Yes, ma'am. Let me get this in the right -- we're only off by a couple
of zeros.
That was turned down. They basically said that they would not --
they would not adhere or take any offers that are based on those
particular appraisals because they believed they were flawed.
Urban Realty Solutions was the honest broker, so to speak, that
basically looked at all three of those early appraisals.
Mr. Passidomo's letter said that if we could find an appraiser that
didn't have anything to do with Collier County in the past, present, or
future, best we could tell that, that they would take a look at that
particular appraiser. That's Urban Real Solutions, that honest broker,
which the board gave me the -- and approved -- the ability to go out
and get that fourth appraisal. As you can see, it came in at
$60,240,000.
Board's policy is that you average the appraisals that the board
has gone out to get, and that would mean that we would average the
Integra -- the Coastal Engineering -- Integra at 46, Coastal at 52, and
this new one for Urban Realty Solutions, which would come up with
the figure of $56,435,000.
What I would -- now, that doesn't take -- if that's the offer, that
doesn't take a supermajority vote of the Board of County
Commissioners. That's a regular vote because that's your policy.
If you deviate from your policy, it needs a supermajority vote
from the Board of County Commissioners.
I would recommend that we take the low appraisal from the
Board of County Commissioners, and we take that off the table, and
that we average the Fleischmann appraisal from Hanson at 67.5
million, the Urban Realty Solutions appraisal that just in, and the
Coastal Engineering appraisal at 52 million, and we ~ake an offer
through the Trust for Public Lands to the Fleischmann's for
$59,913,333, which is an average.
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September 13, 2005
Now, if that's the offer that this board wants the Trust for Public
Lands -- and Mr. John Garrison is here if you have any questions of
him -- to make Mr. Passidomo, who's the representative from the
Fleischmann family, then I'm going to need a supermajority vote from
the Board of County Commissioners in order to do that, because it's
different than our policy, which says it's an average of our appraisals
and not somebody else's.
I believe this particular offering is a good average. It's very close
to what Urban Realty Solutions came in with, and that was one of the
-- one of the suggestions that Mr. Passidomo made in the letter to me
after they said that they would not honor our first offering of $49
million.
We went out there to get it. It came at $60,240,000, I believe.
The 59,913,333 is pretty close to that particular offering, and that's
why I bring it forward to you as staffs recommendation for your
consideration.
CHAIRMAN COYLE: And you have confused me with respect
to the averaging and the supermajority vote. Would you please go
over that one more time?
MR. MUDD: Yes, sir. If -- your policy is, it's an average of
your appraisals, okay. Your appraisals are Urban Realty Solutions at
60 million, Coastal Engineering for 52 million, and Integra Realty at
46 million.
When you average those together, I believe -- I'm sorry. It's not
56 million because that's got the higher number in it. It's something
less than $59 million. And I can do the math for you real quick. I
recommend that you don't use the $46 million appraisal, okay.
And if you choose to do that and average in the appraised value
that the Fleischmann appraisal firm, Hanson, came up with, then you
will need a supermajority vote in order to make the offering of $59
million and change.
CHAIRMAN COYLE: Wait a minute. Let's back up a minute.
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September 13, 2005
If you believe that one of your appraisals is invalid, that is not correct,
and you go out and get ano~her appraisal, the fact that you discard the
one you believe was in error should not prohibit you from proceeding
under the law, in my opinion. Nothing in the law says you must
accept an appraisal that you believe to be flawed.
County Attorney?
MR. WEIGEL: I don't know about the descriptive word flawed.
Jim is indicating that you just take that out of consideration and
use two or three others. And as he's indicated -- and particularly if you
use the Fleischmann appraisal, you would be required under law -- I
think it's section 125.35 of the Florida statutes -- to use the
supermajority vote; otherwise, you'd be looking to average the two
appraisals, in this case the higher appraisals that you have, and come
up with, call it a -- through just an application of statutory scheme, an
average between the two.
CHAIRMAN COYLE: And that would be about $56 million.
MR. MUDD: It would be $56,120,000.
CHAIRMAN COYLE: So what you're saying to us is if we use
the $59 million figure, we need a supermajority, but if we use the $56
million figure, we only need a majority?
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Is that correct?
MR. WEIGEL: I believe that's the case. I'm not expecting that
this is an action item today, though, is it, Mr. County Manager?
MR. MUDD: No, it's not an approval by the Board of County
Commissioners. It's basically getting their direction to make an offer
to the Fleischmann property -- I'll get it -- the Fleischmann family.
COMMISSIONER HENNING: The zoo, which we all should
visit.
CHAIRMAN COYLE: No, it's more than the zoo. It's more than
that, but the zoo is included. .
MR. MUDD: Make an offer for the Fleischmann property.
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September 13, 2005
CHAIRMAN COYLE: Okay. But let's get this clear. Is a
supermajority necessary to give you the direction you need to go do
that today?
MR. WEIGEL: At what price?
CHAIRMAN COYLE: All right. Let's take it in two parts. The
59.9 million, yes.
MR. MUDD: Yes.
CHAIRMAN COYLE: Fifty-six point one something, no.
MR. MUDD: Two zero, no.
CHAIRMAN COYLE: Okay. So there are two alternatives
here. I just want to make sure we got that all clearly understood.
Okay. I'm finished with my questions. I think --
MR. MUDD: You also received a letter from the City of Naples
basically endorsing the purchase of that particular property. That was
given to you at lunchtime today in your distribution. I got it this
mornIng.
COMMISSIONER FIALA: Did they mention in here how much
they're offering to put into the pot?
CHAIRMAN COYLE: Let's not get nasty.
COMMISSIONER COLETTA: Must be on the back.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I need some answers in regards to
what's -- is this -- the value of the property in discussion, what is the
zoning of that property presently? One is part -- part of it is zoo.
What's the rest of it zoned as?
MR. CARRINGTON: Good evening, Chuck Carrington,
manager of real estate services. There's five or six different zonings in
there. There's commercial three, there's agricultural, there's residential
multi-family six units per acre, there's zoning C-1, and there's
residential single-family four. So it's a mixed -- mix, of different
zonlngs.
MR. MUDD: But, Chuck, also answer the question, are these
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September 13,2005
appraisals based on the existing zoning?
MR. CARRINGTON:. No, they're not.
COMMISSIONER HALAS: They're not? What are they --
MR. MUDD: It's highest and best use when you're doing an
appraisal for land. It has nothing to do with current zoning.
But I believe the family is making a rather large assumption with
some of the properties and some of the lands that abut the Gordon
River headwaters, that they'll get some zoning to do residential in
them or -- and I believe that is a -- it's a rather large assumption on
their particular part, that they have to come back to this board to get
changed. And I'm not too sure this board is of the opinion, as a board,
to approve those particular issues.
But when you do appraisals to purchase a property, you do it
highest and best use. And that's why you're getting some difference in
the appraised values, because some appraisals are saying, that isn't
going to happen. And that's basically what happened with our low
appraiser. He said, their zoning and their intensity of use is too high
from what they believe. And they're using their professional opinion
to basically come up with the dollar value that's on the particular
property .
COMMISSIONER HALAS: What guidance did we give our
appraisers in regards to when they went out there to make the
appraisals? Did you give them any such guidance?
MR. CARRINGTON: We gave them -- the Fleischmann's had
an architectural finn develop five different -- four different scenarios
at the time. A fifth one came in just towards the last two weeks when
ours were being done. It delayed the process of our appraisals being
done.
And we did not have the advantage of weeks of going over and
looking at these scenarios. They were presented to u~ and the
appraisers basically at the same time, and they outlined different
possibilities. They gave different units, allowable units, based on
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September 13, 2005
discussions that they say that they had with our planning department.
I have not verified any of those discussions or anything.
But they've set out to different uses, different zonings and
different density levels, and then the appraisers were allowed to select
and use any of those five or develop their own. Some -- or two of the
appraisers actually developed two of their own scenarios, or a
combination of.
COMMISSIONER HALAS: I make a motion -- well, I'll wait till
the --
CHAIRMAN COYLE: Okay. Who was next, Commissioner
Coletta? Okay.
COMMISSIONER COLETTA: Unless Commissioner Henning
wants to go next. I'll follow him.
CHAIRMAN COYLE: Go ahead. You go ahead.
COMMISSIONER COLETTA: Okay. Let's me see if I
understand it correctly. The higher appraisals on this land is based
upon the fact that they believe that this Collier County Commission
may eventually reassign the zoning on there to allow them to build
residential along the river; is that correct?
MR. CARRINGTON: They assumed you would approve a PUD
for 1,148 units, 250 some of them on the east side --
COMMISSIONER FIALA: Oh, gosh.
MR. CARRINGTON: -- of Golden Gate, on the side of the
Gordon River and the balance of them between the Gordon River and
Goodlette.
COMMISSIONER COLETTA: Boy, it's getting cold in here,
you know that?
MR. CARRINGTON: And you're in a high coastal hazard area.
COMMISSIONER COLETTA: I understand. Now, let me go
back. In a high coastal area, means, of course, that ~e can't put
affordable housing in there, we know that. But I won't go there now.
But coming back to this. We got authorization from the voters
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September 13, 2005
for 45 million, right?
MR. CARRINGTON:. Forty million.
COMMISSIONER HALAS: Forty million.
COMMISSIONER COLETTA: Forty million. So we're short
one heck of a lot. Now, let's talk about where this money comes from
over and above what the voters have authorized. What about this land
trust that we're talking about. Are they going to pony up the money?
MR. CARRINGTON: Conservation Collier?
COMMISSIONER COLETTA: No. Well, Collier -- they've got
some of it.
MR. CARRINGTON: Trust for Public Lands.
MR. MUDD: Commissioner, what would happen is the Trust for
Public Lands will make the offer, buy the property. If the -- whatever
the county comes up with against the price that -- they'll take those
particular dollars and they'll figure out what parts the county just
purchased, and the parts that are left over, they will put out on the
open market to sell in order to make up the difference.
COMMISSIONER COLETTA: Neat idea, but why can't we do
that; in other words, when we say that we've got $40 million going
into this that we've been authorized to spend, possible we could sell
off part of --
MR. MUDD: The Fleischmann prop -- well, you can. You can
go in there and buy the whole thing and then wait with your dollars
that are sitting out there in order to sell the particular property, sure
can, sir. It's a whole lot easier for the Trust for Public Lands.
COMMISSIONER COLETTA: I wouldn't be opposed to
approaching it in that direction. I mean, we've had a lot of people
writing to us with the idea that, regardless of what the expense is, buy
it.
And I say to them, you know, that's ridiculous. , I'm not going to
do that. I was put here as a -- in this responsible position to act
accordingly. And I can't see going out and pledging the taxpayers'
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September 13, 2005
dollars for $60 million, 20 million over and above what they told me
to spend, unless there's a plan to be able to come up with a difference
in the whole thing.
We've got a tremendous amount of people out there that are
endorsing the project, but I haven't seen any checks come through the
door. We're all alone in this. I mean, what we do we do.
Is there some way that we could find out what the -- what we
have to sell to make up the difference on the whole thing? Because I
wouldn't want to sell the back part by the river. I'd want to keep that
and I'd want to keep the zoo.
MR. MUDD: Commissioner, you have the ultimate choice when
the Conservation Collier folks come forward with their purchase of
particular properties, you have some $12 million that's un -- that's not
obligated as far as that fund is concerned, so you have another 12
million that you have the authority to spend on this particular
property, that brings you to 52.
Big Cypress Basin Board. Big Cypress Basin Board has said that
they will come -- and when I talked to Clarence, they talked about $5
million or thereabouts, to come forward to set up some stormwater
type project on this particular property. Now we're up to 57, and we're
in the ballpark.
COMMISSIONER COLETTA: I understand what you're saying,
and this is all conj ecture upon everybody else performing as they
promised.
Is there some way we can enter into a deal like this so we could
go forward with the idea that we start getting everyone else in line to
come forward with the money?
MR. MUDD: Yes, sir. That's part of the offer that you've got to
make. You've got to get them so that they want to sell the property to
you for the price, and then you go after it. .
But what's been very nice about the Trust for Public Lands is
they'll basically cover the difference while we're assembling those
Page 263
September 13,2005
dollars. You will also have the opportunity to get a grant close to $10
million from the Florida Community Trust, okay, but you can't ask for
the grant until you own the property.
CHAIRMAN COYLE: Own the property.
COMMISSIONER COLETTA: Okay. Go back to the Collier --
Conservation Collier. That money you're talking about is the full
amount that's left in there now?
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: That just sounds absolutely
ridiculous that we're going to sacrifice everything else out there on this
one proj ect.
MR. MUDD: That's one of the -- this is one of the properties that
sold Conservation Collier to the public when it went through on the
referendum. In their sales pitch to the community, they talked about
the zoo property and the areas around the Gordon River.
COMMISSIONER COLETTA: And we came up with $40
million over and above what we're doing with Conservation Collier.
MR. CARRINGTON: The 12 million -- if may correct
something, Mr. Mudd. The $12 million from Conservation Collier,
that's uncommitted dollars. There's more dollars in there that's been
con1l11itted for projects but haven't been spent.
COMMISSIONER COLETTA: What we did is we put a kibosh
on some of the things they were looking at. Recently Winchester
Head was one that just went down the tubes.
MR. MUDD: No, sir. It just got postponed for 90-days.
COMMISSIONER COLETTA: So we do have some give and
take on this. You know, now let me ask you this question here -- and
I'n1 sorry I'm taking so much time.
This commitment that we're doing today, if we did do this and we
agree to go forward, do we have another bite at this to be able to say
no later if we don't see the other people come forward with the
n10ney?
Page 264
September 13, 2005
CHAIRMAN COYLE: Oh, yeah.
MR. MUDD: Yes, sir. It's got to come -- it's got to come before
you any time that you finally spend any kind of money as far as this
deal is concerned.
Forty million you told me to go out and find commercial paper
for. We're working on that right now.
COMMISSIONER COLETTA: Well, you know where this one
vote is, it's right on the line. I wouldn't mind seeing us proceed, but I
expect money to come from other sources and not all from
Conservation Collier.
CHAIRMAN COYLE: Well, yeah. Let me interject here. This
is not a decision to purchase this property today.
MR. MUDD: To make an offer.
CHAIRMAN COYLE: It is only a decision to make an offer,
and then we'll see where the Fleischmann's go with this, and then
we'll get another chance to see if we want to do it.
But I would like to correct one perception that seems to be
repeated time after time here, and that is the voters authorized us to
spend over $40 million. That's not true. The voters never ever said
anything about how much we could spend to acquire this property.
They only said, we're willing to tax ourselves an additional $40
million to help you do it. That's what they said, at a time when
nobody knew what the price was.
So there was never ever a $40 million price tag on this property,
and the voters were never told that was the $40 million price tag. So
we need to not get those two things confused.
I believe Commissioner Henning was next.
COMMISSIONER HENNING: Yes, thanks. Twenty eight
million point four is the committed dollars for Conservation Collier.
So there's -- I mean, there's plenty of money there. .
But I think it's important -- I mean, what I do is, when I'm
looking to purchase something, I always pull out my wallet and see
Page 265
September 13,2005
how much I have in my pocket. So I think we're kind of doing this ass
backwards. I think we need to figure out where we're going to get the
money first.
CHAIRMAN COYLE: That's a technical financial term, right?
COMMISSIONER HENNING: Is if we're going to make a
decision and make an offer today, we need -- I hope that we can
charge the county manager to go to different sources, because that's
the first I've heard in a public meeting how much Big Cypress is
willing to give.
And, you know, that's really an enclave for the City of Naples,
surrounded by all sides bordering the City of Naples, and very
supportive of the City of Naples. And, of course, I think they hear
what -- what they're going to say is they pay a third of the general
fund. I'm glad they're making recommendations on our budget items,
and I hope that we can do the same thing to their budget.
CHAIRMAN COYLE: You can make a third of the
recommendations.
COMMISSIONER HENNING: Yeah. So--
CHAIRMAN COYLE: Okay. Commissioner Halas.
COMMISSIONER HENNING: -- I really would like to identify
the sources of funding.
COMMISSIONER HALAS: I would like to make a motion that
we give an offer out there of $56, 120,000. See where it flies.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. We have a motion on the table by
Commissioner Halas and a second by Commissioner Coletta to take
the average of our two highest appraisals and make that as our offer.
Commissioner Fiala?
COMMISSIONER HALAS: Can I --
COMMISSIONER FIALA: Yes. As much as it pains me to ever
say right out loud what I really, really think -- becau'se I feel that right
now we're supposed to be strategizing, but the way I feel is I don't
Page 266
September 13, 2005
want to see a bit of this property being sold off. I want to keep it all,
because I think it's so impo~ant.
In 20 years from now we're going to be so glad we preserved this,
and I just hate to see it go. Not even a little parcel of it do I want to
see sold off. And I think we need to find other funding sources.
And we've talked about Florida Community Trust, Trust for
Public Lands, Big Cypress Basin. South Florida Water Management
District, they have another pot to dig into, Conservation Collier. I
don't want to rob them blind, but I feel that they could come up with a
few -- you know, a couple million dollars, maybe transportation
dollars or stormwater management dollars of some kind could be to
added to this as well. There are other pots that we can dig into, and I
want to see us do that.
COMMISSIONER HALAS: I'd just like--
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah, I didn't finish up. I agree
with you in some instances here, Commissioner Fiala. But we
charged the citizens to start some type of fundraising, and as of right
now, there hasn't been anything done by the citizens in regards to
getting this. But I get a tremendous amount of e-mail saying, hey, we
want you to buy this.
And when we discussed this at the workshop, at the time there
was figures being thrown out that the price of the land was going to be
somewhere in the vicinity of 28 million to 35 million, and I think
that's what gave us the guidance to set forth that we would put on the
resolution to be voted on, that -- the $40 million.
And, of course, once we've established $40 million, basically that
was the base line that everybody was shooting for, and then from that
point, it just went out of sight.
So I've got some real concerns that I feel that I'J!1 here to
represent the taxpayers, but I think in -- I think we're also being taken
to the cleaners.
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September 13,2005
COMMISSIONER FIALA: Oh, yeah.
CHAIRMAN COYLE: And I really feel that we need to see
what we can do and we need to leverage an item here, and I think the
-- as I said, I made a motion that we come up with an idea of about
56,120,000 and go from there.
I would hope that we could come to some agreement that would
save the taxpayers money and save other areas, such as the great
Cypress Basin, because they could probably use those fundings in
other areas that may be more detrimental for the safety -- the health,
safety, and welfare of the citizens here in Collier County.
CHAIRMAN COYLE: Okay. And I'd like to just briefly share
my thoughts with you on this. We have the money available to buy
this thing. There should be no problem with respect to the financing
of this process, and I'm talking about the whole thing.
The question that I'm sure that continues to bother everybody is
not where do we get the money, but is this a fair price for the
taxpayers of Collier County, and that's something that troubles all of
us.
But the rules of the game are that when we want to buy property,
we have to pay the owner the fair market value for the property, and
that is detennined by appraisals, not by our personal opinions.
And I don't like this price any more than anybody else does, but
this is the most significant land purchase in the history of Collier
County, and I am committed to doing everything I can to get this
done, and I hope the other commissioners are, too, because the money
is there. We can get this money to do this deal.
The problem is getting to a price that's fair for the taxpayers of
Collier County, and I think that I would support the motion that's on
the table, $56,130,000, is it?
COMMISSIONER HALAS: 120,000.
MR. MUDD: 120,000.
CHAIRMAN COYLE: 120,000. It is in accordance with law
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September 13, 2005
and our procedures, the averaging of two appraisals. And it is,
unfortunately, based upon the highest and best use of the property.
That property will never get to its highest and best use.
It's got an ST overlay on it. There is not much likelihood that
people are going to approve a bridge across the Gordon River to
permit the development of another 250 homes on the east side of the
Gordon River. I can't imagine how that would ever happen.
So we need to get realistic on both sides of this issue, and I hope
the Fleischmann's will also. And I -- but the only place to start is with
an offer and see where we go, and then we'll have another chance to
deal with it later on.
And so I just hope that all of the other commissioners are -- view
-- understand and appreciate the importance of this land purchase.
Even the Conservation Collier people are happy to dump their
remaining available funds into acquiring this property because it is so
important to our entire county.
The children come from all over Collier County to go to this zoo,
and they really enjoy it, and so it serves a lot of purposes for a lot of
people.
So with that, I'll call the question. And after I call -_
COMMISSIONER HALAS: We only need a simple majority,
right?
CHAIRMAN COYLE: Yes, that's correct. We'll need a simple
majority on this. And so I call the question.
All in favor, please signify by saying -- what?
MS. FILSON: Oh, I was just checking to see what the votes are
going to be. I'm sorry. I can't see them.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
Page 269
September 13, 2005
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It is opposed by Commissioner
Henning.
Now, I'd like to ask one other question. On these appraisals, it
seems to me that all of the appraisers had to look at all of the various
categories of properties, the property that's already zoned commercial,
already zoned residential or multi-family, as well as the property that
is not -- is zoned agricultural. They had to come up with a value for
this property.
My question to you is, Chuck, does that conform -- for the
property that's already zoned, does it conform with the current
appraised value by our tax appraiser?
MR. CARRINGTON: No. They just reassessed it to -- I think
now the assessment jumped up to 16 million or something like that,
was the total assessment --
COMMISSIONER FIALA: Sixteen million?
MR. CARRINGTON: -- at its current zoning.
CHAIRMAN COYLE: So the current zoning indicates a value
of $16 million.
MR. CARRINGTON: I think it's assessed at about 16. I
apologize, I don't have the numbers.
CHAIRMAN COYLE: If you were to take the currently zoned
parcels and the amount that they are appraised at by these appraisers
and then you went to the property appraiser's tax rolls and looked at
appraisals for those same properties, what do you think they'd look
like?
MR. CARRINGTON: Well, they wouldn't look similar at all.
CHAIRMAN COYLE: You think they are the ,same?
MR. CARRINGTON: No, not at all.
CHAIRMAN COYLE: Okay. So you're telling me that the
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September 13, 2005
Fleischmann's have appraised their property that is already zoned at a
substantial higher value tha~ our property appraiser did? Would you
guess that to be true?
MR. CARRINGTON: That is true, yes, sir.
CHAIRMAN COYLE: Then why wouldn't that new appraisal
by the Fleischmann's be appropriate for use by the property appraiser
for establishing the tax rolls for this year?
MR. CARRINGTON: That's -- it may well be.
CHAIRMAN COYLE: Okay. Good. You've answered my--
MR. CARRINGTON: Ifit came available to them, it may well
be.
CHAIRMAN COYLE: You've answered my question.
MR. MUDD: I promise, Commissioner, I will turn over the
appraisals when we're finished with them to the property appraiser's
office.
CHAIRMAN COYLE: Please do, please do. Good.
All right. Any other questions or comments?
(No response.)
CHAIRMAN COYLE: Okay. On this issue -- we're finished
with this issue.
Anything else, County Manager?
MR. MUDD: I don't dare, sir.
CHAIRMAN COYLE: Okay.
MR. CARRINGTON: May I ask a question? I'm sorry. I
apologize.
CHAIRMAN COYLE: You won't get an intelligent answer, but
go ahead.
MR. CARRINGTON: Okay. I'm sorry. I know you asked for
the vote for the 56,120- -- and I hope I'm not out of line here, and that
-- you got your three votes on that. But you didn't a~k for the higher--
the higher number -- no one made a -- recommended that, but I was
wondering if somebody may have, you may have got four votes on
Page 271
September 13,2005
that.
CHAIRMAN COYLE: Would you like for us to do that?
MR. CARRINGTON: No. I'm just asking if that -- may have--
somebody might have wanted to recommended that.
COMMISSIONER HENNING: I think we need to hold our hand
close to us. Nobody knows why I voted against it, and nobody knows
why everybody else voted against it. I mean, I just think strategy-wise
CHAIRMAN COYLE: You know--
COMMISSIONER HENNING: -- be quiet.
CHAIRMAN COYLE: -- Commissioner Henning is absolutely
right. The way we have to go about acquiring property, whether it's
for right-of-ways for roads or whether it's for conservation, is awful.
It is guaranteed to waste taxpayer money. But our hands are bound by
law.
If we could go out to Winchester Head and other places and buy
property through other agents, we could save taxpayers millions of
dollars.
MR. CARRINGTON: And you wouldn't need me either.
CHAIRMAN COYLE: Well, that's another advantage.
MR. MUDD: You retiring early, Chuck?
MR. CARRINGTON: Save a little bit of money.
CHAIRMAN COYLE: Yeah. But the way we have to proceed
with this is absolutely crazy, but we don't have any choice.
MR. CARRINGTON: I know, I know.
CHAIRMAN COYLE: We just don't have any choice.
COMMISSIONER FIALA: Government in the sunshine.
CHAIRMAN COYLE: That's right.
MR. CARRINGTON: Okay. Thank you.
CHAIRMAN COYLE: So let's -- Commissioners --
Commissioner Henning, do you have anything? .
COMMISSIONER HENNING: Oh, a bunch.
Page 272
September 13,2005
CHAIRMAN COYLE: Uh-oh.
COMMISSIONER H~NNING: We got a new pass to enter the
highly-secured Board of Commissioners' parking area, and this is --
you're supposed to affix it to your comer of your vehicle windshield,
the problem is, I have more than one vehicle. I think you do, too,
right?
CHAIRMAN COYLE: Yeah, but my wife doesn't let me drive
the other one.
COMMISSIONER HENNING: I don't know why she'd let you
drive any of them, but that's neither here nor there.
COMMISSIONER FIALA: Hi, Sharon.
COMMISSIONER HENNING: So is this all we're getting?
CHAIRMAN COYLE: No. We can get another one if we want
one.
MR. MUDD: Sure, if you want to get more, that's not a problem.
COMMISSIONER HENNING: Give me half a dozen or so.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: And the second item, it was
brought --
MR. MUDD: And if you don't have the car but you have your
card, your card will still work. I've tried to get your primary
automobile so it could get through the gate without having to stick --
COMMISSIONER HENNING: Whatever one has gas in it at
this point.
MR. MUDD: Yes, sir. I got it.
COMMISSIONER HENNING: Right now it's the pickup truck.
COMMISSIONER HALAS: Commissioner Henning, did you
also notice that there's two sets of instructions? One tells you to put it
in the upper corner, and the other one tells you the lower right -- left
corner. So I'm not sure where we're supposed to put , it. Maybe in the
center.
MR. MUDD: Lower.
Page 273
September 13, 2005
CHAIRMAN COYLE: I'm going to get another one and put one
in both places. .
Go ahead, Commissioner Henning.
CHAIRMAN COYLE: The other issue, it was brought to my
attention, and maybe others, there is a possible sunshine law violation
by members of our productivity committee. It's also alleged that some
people were discriminated because of a statement of the chairman of
the productivity committee.
And I think it's our duty to uphold the law of the constitution and
state statutes; therefore, I want to see if there's any interest on the
Board of Commissioners to direct the county attorney to investigate
these allegations.
CHAIRMAN COYLE: Well, you know, my feeling would be is
if there is someone who is filing a complaint with factual information,
that probably that's a good idea. I'd hate to do it based on rumor or
third-hand information. But if someone is filing a complaint, I think
that's the appropriate way to deal with it.
COMMISSIONER HENNING: Well, I think it is -- the
allegation is sunshine. The factual thing is, it was stated on the record
and tape that our chairman said, there's no way that I'm going to allow
a man or a -- working man or a woman on this committee. And is that
what we want on our committee?
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. You bring up some very
good points. When this -- I think this was carried to each one of the
commissioners, and I asked Leo to look into that, and maybe he may
have something to report at this time.
MR.OCHS: Commissioner, we got a courtesy copy of the same
thing you all received and were briefed on it individually. We're
going through that now, and as a staff and the county manager's office,
and reviewing that same disk.
We do have some concerns with some of the recommendations
Page 274
September 13,2005
that are brought to the board in terms of future members or
appointments to fill vacanc~es on the productivity committee. And
once we've finished that assessment, we'll get that information back to
the board with some recommendations.
COMMISSIONER HENNING: So is there any interest in
having the county attorney investigate this?
COMMISSIONER COLETTA: Myself, I'd rather wait until we
hear back from the county manager's office and then take the
appropriate action.
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: I think I would, too.
COMMISSIONER COLETTA: But you're heading the right
way.
COMMISSIONER HENNING: To the county attorney?
COMMISSIONER COLETTA: No, the fact that you want to
have it investigated. We're not going to sit still and allow that to
happen, that's for sure.
CHAIRMAN COYLE: Anything else?
COMMISSIONER HENNING: I think I've created enough
today. I'm going to keep quiet.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Paul, if you're not at BT Boomers,
I'll meet you there, bye.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: I can't top that one.
CHAIRMAN COYLE: Good, good.
Okay. Commissioner Halas?
COMMISSIONER HALAS: I'd like to say that of all the interest
that's been generated by the zoo, I just wish that as much interest
would have been generated to either save the V ande~bilt Inn or the
Wiggins Pass Marina.
COMMISSIONER COLETTA: How about affordable housing?
Page 275
September 13, 2005
COMMISSIONER HALAS: I also think that -- yeah, or we
could have put affordable housing there.
But anyway, I think that when other items come up -- and
hopefully there'll be something left out there that we can look at and
buy for the citizens of Collier County, along with the zoo. I'm very
concerned about where we're going with waterfront and beach access,
and et cetera.
COMMISSIONER FIALA: Commissioner Halas, you're so
right, except we were never told that that property was for sale. We
were told it was not for sale. And I think that was a stumbling block
for us.
COMMISSIONER HALAS: Yeah.
CHAIRMAN COYLE: Okay. County Attorney, do you have
anything?
MR. WEIGEL: No, thank you.
CHAIRMAN COYLE: Okay, good.
We are adjourned. Thank you very much.
***** Commissioner Henning moved, seconded by Commissioner
Fiala and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted: *****
Item #l6Al
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
WHIPPORWILL LANE ROAD IMPROVEMENTS _
W /STIPULA TIONS
Item #16A2
RECORDING THE FINAL PLAT OF TRAIL RIDGE, APPROVAL
OF THE STANDARD FORM CONSTRUCTION AND
Page 276
September 13,2005
MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY - WI
STIPULATIONS
Item #16A3
RESOLUTION 2005-290: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF ISLAND WALK PHASE SIX. THE
ROADW A Y AND DRAINAGE IMPROVEMENTS WILL BE
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A4
RESOLUTION 2005-291: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF ISLAND WALK PHASE SEVEN.
THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A5
RESOLUTION 2005-292: FINAL APPROVAL OF THE
ROADW A Y (PRIV ATE) AND DRAINAGE FOR THE FINAL
PLAT OF ESCADA AT TIBURON. THE ROADWAY AND
DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y
MAINTAINED - W/RELEASE OF THE MAINTENANCE
SECURITY
Item #16A6
Page 277
September 13,2005
RECORDING THE FINAL PLAT OF PRESTWICK PLACE,
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF PERFORMANCE SECURITY - W/STIPULATIONS
Item #16A7
RESOLUTION 2005-293: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF GREY OAKS UNIT FIFTEEN. THE
ROADW A Y AND DRAINAGE IMPROVEMENTS WILL BE
PRIV A TEL Y MAINT AINED- W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A8
RESOLUTION 2005-294: FINAL APPROVAL OF THE
ROADW A Y (PRIV ATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF ISLAND WALK PHASE THREE.
THE ROADW A Y AND DRAINAGE IMPROVEMENTS WILL BE
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A9
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
GREY OAKS UNIT FOURTEEN - W/STIPULATIONS
Item #16A10
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR IBIS COVE. PHASE 2-C - W/STIPULATIONS
Page 278
_. .. v· .~".~~^.^
September 13, 2005
Item #l6All
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR ESCADA AT TIBURON - W/STIPULATIONS
Item #16A12
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR TERRACINA AT THE VINEYARDS _
W/STIPULATIONS
Item #16Al3
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
TIBURON GOLF COURSE MAINTENANCE FACILITY _
W /RELEASE OF THE MAINTENANCE BOND
Item #l6A14
RECORDING THE FINAL PLAT OF FIDDLERS CREEK PHASE
FOUR UNIT TWO, APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
Item #16A15
RESOLUTION 2005-295: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF MALLARDS LANDING AT
FIDDLERS CREEK. THE ROADWAY AND DRAINAGE
IlVIPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED _
Page 279
".---...,"
September 13,2005
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16A16
AN EXCEPTION TO THE SIDEWALK REQUIREMENTS IN THE
GLEN EDEN ON THE BAY PUD AND ACCEPT A PAYMENT IN
LIEU OF THE SIDEWALK INSTALLATION-W/STIPULATIONS
Item #16A17
AN AGREEMENT FOR SALE AND PURCHASE WITH ROSS W.
MCINTOSH, AS TRUSTEE, FOR 4.95 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AND l.826 ACRES FOR TRANSPORTATION RIGHT OF WAY,
AT A COST NOT TO EXCEED $844,000 - AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16A18
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR CLERMONT AT PELICAN MARSH PHASE
TWO - WI RELEASE OF THE UTILITIES PERFORMANCE
SECURITY
Item #16Al9
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR CLERMONT AT PELICAN MARSH - WI
RELEASE OF THE UTILITIES PERFORMANCE SECURITY
Item #16A20
Page 280
.................--.."^"
September 13, 2005
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR FIDDLER'S CREEK PHASE 2-A, UNIT 2-
W/RELEASE OF THE UTILITIES PERFORMANCE SECURITY
Item #16A21
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR FIDDLERS CREEK AT DEER CROSSING _
W/RELEASE OF THE UTILITIES PERFORMANCE SECURITY
Item #16A22
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR ISLA DEL SOL AT FIDDLER'S CREEK - WI
STIPULA TIONS
Item #16A23
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR FIDDLER'S CREEK AT MALLARD'S
LANDING - WISTIPULATIONS
Item #16A24
RECORDING THE FINAL PLAT OF VALENCIA LAKES PHASE
6-A, APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY - WI
STIPULATIONS
Itenl #16A25
Page 281
September 13,2005
RECORDING THE FINAL PLAT OF VALENCIA LAKES PHASE
7-B, APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY _
W /STIPULA TIONS
Item #16A26
RESOLUTION 2005-296: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF OLDE CYPRESS, UNIT TWO. THE
ROADW A Y AND DRAINAGE IMPROVEMENTS WILL BE
PRIV ATEL Y MAINTAINED -W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A27
RECORDING THE FINAL PLAT OF ORANGE BLOSSOM
PHASE lA, APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
Item #16A28
RECORDING THE FINAL PLAT OF REFLECTION LAKES AT
NAPLES PHASE 1 C, APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
Item #16A29 - Moved to Item #10U
Page 282
September 13,2005
Item #16A30
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO SUBMIT A GRANT PROPOSAL TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU
OF INVASIVE PLANT MANAGEMENT (BIPM) FOR
CONTRACTOR SERVICES TO REMOVE INVASIVE EXOTIC
VEGETATION WITHIN CONSERVATION COLLIER
PROPERTY ADJACENT TO ROOKERY BAY NATIONAL
ESTUARINE RESEARCH RESERVE (NERR).
Item #16A3l
THE RELEASE AND SATISFACTIONS OF LIEN FOR
PAYMENTS RECEIVED FOR THE FOLLOWING CODE
ENFORCEMENT ACTIONS; PASTOOR PROPERTIES OF
COLLIER COUNTY, LLC, CEB 2005-15; JOHN LEE ARNOLD &
DEAN A. ARNOLD TRUSTEES, CEB 2005-l4; MARTIN &
HOLL Y WALSH, CEB 2004-33; GOP AL MOTW ANI, CEB 2003-
34; MANUEL & MIRIAM ROSA, CEB 2003-19; NANCY MILLS,
MARY MAXWELL & VANESSA M. UZUPES, RESOLUTION
96-520,2002-195,92-23,96-169,95_406; H. JAVIER & SHERRY
L. CASTANO, RESOLUTION 2002-171; GJ BYRNE,
RESOLUTION 96-244 & 99-19; LAWRENCE K. JOYCE EST.,
WALLACE L. JOYCE, H. LAWRENCE, JOHN J. HUBBARD,
BARBARA 1. LARSON, PATRICIA J. HAROSKEWICZ, JUDITH
1. CORSO, LAUREN JOYCE & RICHARD BERMAN,
RESOLUTION 2001-323,2002-173,2003-285,96-321, 99-102,
2002-447,91-490, ; SILAS BACON, RESOLUTION 94-195,91-
401; SILAS BACON, JR., RESOLUTION 2002-67; PERSECO
CORPORA TION, EMPIRE DEVELOPMENT OF SOUTHWEST
FLORIDA, LLC, & KKCM GROUP, LLC, RESOLUTION 2004-
Page 283
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September 13, 2005
l30; CAPITOLIS AUSLANDISCHE, RESOLUTION 96-49;
HORSE CREEK PARTNERS LTD. RESOLUTION 2002-175
Item #16A32
RESOLUTIONS 2005-297 THRU 2005-307: RESOLUTIONS AND
LEGAL NOTICE(S) OF ASSESSMENT OF LIEN AGAINST
THOSE PROPERTIES IN VIOLATION OF ORDINANCE 99-51
FOR THE DIRECT COSTS INCURRED BY COLLIER COUNTY
FOR THE ABATEMENT OF CERTAIN NUISANCES
Item #16A33
RECORDING THE FINAL PLAT OF VERONA POINTE,
APPROVAL OF THE STANDARD FORM AND
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
Item #16A34
RECOMMENDATION TO RECONSIDER THE CONSERVATION
COLLIER ACTIVE ACQUISITION LIST REGARDING THE
WINCHESTER HEAD PROJECT AND TO DISCONTINUE
BUYING PROPERTY IN THE WINCHESTER HEAD PROJECT
FOR 90 DAYS - DUE TO RISING PROPERTY VALUES
Item #16A35 - Moved to Item #10P
Item #16A36
RESOLUTION 2005-308: COLLIER COUNTY'S COMMUNITY
Page 284
September 13,2005
DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY
SHEL TER GRANT (ESG) CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER) FOR
FISCAL YEAR 2004-2005 AS REQUIRED BY THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD), AND TO AUTHORIZE THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS TO CERTIFY THE
CAPER FOR SUBMISSION TO HUD
Item #16A37
RECORDING THE FINAL PLAT OF "REFLECTION LAKES AT
NAPLES PHASE ID", APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
Item #16A38
RECORDING THE FINAL PLAT OF "FIDDLERS CREEK PHASE
3, UNIT FOUR", APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY - W/STIPULATIONS
Item #16A39
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
ECONOMIC DEVELOPMENT COUNCIL OF COLLIER
COUNTY (EDC) FOR CONTINUATION OF THE ECONOMIC
DIVERSIFICATION PROGRAM BY PROVIDING A
Page 285
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September 13, 2005
CONTRIBUTION TO THE EDC OF UP TO $400,000 FOR
FISCAL YEAR 2006, AND AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS TO SIGN THE
AGREEMENT ON BEHALF OF COLLIER COUNTY - TO
PROMOTE ECONOMIC DEVELOPMENT INITIATIVES THAT
DIVERSIFY THE COUNTY'S ECONOMY
Item #16A40
TWO BUDGET AMENDMENTS TRANSFERRING FUNDS
FROM THE AFFORDABLE HOUSING TRUST FUND TO THE
MARCO AFFORDABLE HOUSING FUND FOR THE PURPOSE
OF SEPARATING SHIP FUNDS AND INTER-LOCAL
AGREEMENT FUNDS; RECOGNIZING ADDITIONAL CARRY _
FORWARD IN THE AFFORDABLE HOUSING TRUST FUND;
AND RECOGNIZING FY 05 AFFORDABLE HOUSING
REVENUE WITHIN THE FUND
Item #16Bl
THE INSTALLATION AND OPERATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF AIRPORT PULLING
ROAD AND ESTUARY DRIVE, AT AN ANNUAL
MAINTENANCE COST OF APPROXIMATELY $3,500 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16B2
AN AFTER-THE-FACT SUBMITTAL OF COUNTY INCENTIVE
GRANT (CIGP) APPLICATIONS FOR 1.) INTERSTATE 75/
IMMOKALEE ROAD INTERCHANGE IMPROVEMENT
CONSTRUCTION ($7 MILLION); 2.) REIMBURSEMENT FOR
Page 286
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September 13,2005
50% OF LOCAL FUNDING USED TO ADVANCE SR 82 PD&E
STUDY ($500,000); AND3.) SANTA BARBARA SIX-LANING
CONSTRUCTION FUNDING (MAXIMUM 35% MATCH FOR
NON-STATE HIGHWAYS) FOR THE SEGMENT BETWEEN
GOLDEN GATE PARKWAY AND DAVIS BOULEVARD. ($13.6
MILLION) - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B3
BID #05-3796, TRAFFIC SIGN MATERIALS AND RELATED
ITEMS TO MULTIPLE VENDORS ON A CATEGORY BASIS.
($150,000) - TO ROCAL, INC.; UNIVERSAL SIGNS;
MUNICIPAL SUPPLY & SIGN COMPANY; AND SAFETY
PRODUCTS. INC.
Item #16B4
BID #05-3860, INSTALLATION AND MAINTENANCE OF
ROADWAY LIGHTING, FIXED TERM CONTRACT, TO KENT
TECHNOLOGIES, INC. ($191,200) - TO PROPERLY REPAIR,
MAINTAIN AND INSTALL ROADWAY LIGHTING FACILITIES
IN THE COUNTY
Itetn #16B5
BID #05-3858 INSTALLATION AND MAINTENANCE OF
TRAFFIC SIGNALS, TO KENT TECHNOLOGIES, INC. AND
MID-CONTINENT ELECTRIC, INC. ($162,800) - TO PROPERLY
REPAIR, MAINTAIN AND INSTALL TRAFFIC SIGNALS IN
COLLIER COUNTY
Item #16B6
Page 287
September 13, 2005
BID #05-3844, US 41 NORTH ROADWAY LIGHTING FROM
PINE RIDGE ROAD TO MYRTLE ROAD, TO KENT
TECHNOLOGIES, INC. PROJECT 60007 ($462,131.79) - TO
PROVIDE ROADWAY LIGHTING ON US 41 NORTH
BETWEEN PINE RIDGE ROAD AND MYRTLE ROAD
Item #16B7
THE PURCHASE OF PARCEL NOS. 131,531,731,931,132,732,
133A, 133B AND 733 REQUIRED FOR THE CONSTRUCTION
OF THE SIX-LANING OF COLLIER BOULEVARD (CR 951)
FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD.
(PROJECT NO. 65061, CAPITAL IMPROVEMENT ELEMENT
NO. 37) FISCAL IMPACT: $975,9l6.59 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16B8
THE AGREEMENT FOR HALDEMAN CREEK DISPOSAL WITH
LAKEVIEW DRIVE OF NAPLES, LCC, A FLORIDA LIMITED
COMPANY-FOR A POTENTIAL SITE THAT LIES SOUTH OF
THE MAIN CHANNEL AND OFFERS SEVERAL ACRES OF
LAND FOR DISPOSAL
Item #16B9
THREE DRAINAGE EASEMENT AND MAINTENANCE
AGREEMENTS BETWEEN ROBERTO BOLLT, TRUSTEE,
VALENCIA LAKES AT ORANGE TREE HOMEOWNER'S
ASSOCIATION, INC., AND COLLIER COUNTY, FOR THE
PURPOSE OF ASSIGNING MAINTENANCE
RESPONSIBILITIES AMONG THE PARTIES - TO BE IN
Page 288
September 13, 2005
COMPLIANCE WITH THE OVERALL PLAN FOR THE WATER
MANAGEMENT SYSTEM FOR THE COMMUNITY, AND TO
ENSURE THE SYSTEM FUNCTIONS PROPERLY
Item #16B 10
AN AGREEMENT FOR REPLACEMENT OF ACCESS AND
PARKING ASSOCIATED WITH THE SIX-LANING OF COLLIER
BOULEVARD (CR 951) FROM GOLDEN GATE BOULEVARD
TO IMMOKALEE ROAD. (PROJECT NO. 65061, CAPITAL
IMPROVEMENT ELEMENT NO. 37). FISCAL IMPACT:
$5,000.00 - TO A VOID HAVING TO RELOCATE THE
EXISTING AT&T FIBER-OPTIC REGENERATION FACILITIES
LOCATED WITHIN THE PROPOSED RIGHT-OF-WAY
REQUIRED FOR THE CONSTRUCTION OF THE SIX-LANING
IMPROVEMENTS TO COLLIER BOULEY ARD
Item #16Bll
A FY 2005/06 MPO OPERATING BUDGET AMENDMENT, TO
RE-ALLOCATE $90,000 FROM STAFF SALARY AND
RELATED EXPENSES TO CONSULTANT SERVICES
Item #16Cl
CONVEYANCE OF A UTILITY EASEMENT AND AN ACCESS
EASEMENT TO THE WATER-SEWER DISTRICT FOR TEN
PUBLIC WATER SUPPLY WELL SITES, ASSOCIATED
PIPELINES, AND ACCESS ON PROPERTY OWNED BY
COLLIER COUNTY WITHIN THE HENDERSON CREEK
CANAL CORRIDOR AT AN ESTIMATED COST NOT TO
EXCEED $185.00, PROJECT 708921 - AS DETAILED IN THE
Page 289
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September 13, 2005
EXECUTIVE SUMMARY
Item #16C2
CONVEYANCE OF A UTILITY AND ACCESS EASEMENT TO
THE WATER-SEWER DISTRICT FOR THE CONSTRUCTION
AND MAINTENANCE OF WATER TRANSMISSION MAINS ON
PROPERTY OWNED BY COLLIER COUNTY WITHIN THE
HENDERSON CREEK CANAL CORRIDOR AT AN ESTIMATED
COST NOT TO EXCEED $153.00, PROJECTS 701511 AND
701521 - AS DETAILED IN THE EXECUTIVE SUMMARY
Item # 16C3
THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, TERMINATE THE GRAND BAY
CONDOMINIUM INC. CUSTOMER BILLING AGREEMENT,
AND AUTHORIZE THE COUNTY MANAGER OR HIS
DESIGNEE, TO PROVIDE NINETY (90) DAYS WRITTEN
NOTICE OF THE TERMINATION - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C4
THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, TERMINATE THE COCOBAY
CONDOMINIUM INC. CUSTOMER BILLING AGREEMENT,
AND AUTHORIZE THE COUNTY MANAGER OR HIS
DESIGNEE, TO PROVIDE A REQUIRED NINETY (90) DAY
WRITTEN NOTICE OF THE TERMINATION - AS DETAILED
Page 290
September 13,2005
IN THE EXECUTIVE SUMMARY
Item #16C5
A THIRD AMENDMENT TO LEASE AGREEMENT WITH THE
CITY OF NAPLES AIRPORT AUTHORITY TO EXTEND THE
LEASE TERM FOR THE NAPLES TRANSFER STATION
PROPERTY AT A FIRST YEAR ANNUAL RENT OF $39,556-
TO EXTEND THE LAND LEASE FOR AN ADDITIONAL TWO
YEARS
Item #16C6
APPL Y TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR A 2006 SECTION 319
GRANT TOWARDS THE HOLISTIC APPROACH TO THE
REDUCTION OF NON-POINT SOURCE POLLUTION IN THE
AMOUNT OF $116,000 - TO PROVIDE ASSISTANCE TO
IMPLEMENT PROJECTS THAT REDUCE NON-POINT SOURCE
POLLUTION
Item #16C7
A SHORT -LISTED FIRM AND AWARD OF CONTRACT TO DE
LA PARTE & GILBERT, P.A. FOR RFP #05-3792 FIXED TERM
UTILITY SPECIALIZED LEGAL SERVICES IN THE
ESTIMATED ANNUAL AMOUNT OF $200,000 - TO RETAIN
LEGAL SERVICES TO ASSIST THE COUNTY IN SPECIALIZED
AREAS OF FLORIDA WATER LAW, INCLUDING
ACQUISITION OF CONSUMPTIVE USE PERMITS AND
REGIONAL WATER SUPPLY PLANNING
Page 291
September 13, 2005
Item # 16C8
RESOLUTION 2005-309: FUNDS NOT TO EXCEED $2,500.00
FOR A PUBLIC EVENT TO COMMEMORATE THE FINAL
COMPLETION AND COMMISSIONING OF THE SOUTH
COUNTY WATER RECLAMATION FACILITY 16-MGD
EXPANSION PROJECT, PROJECT 73949 - TO ENHANCE THE
IMAGE OF COUNTY GOVERNMENT WITHIN THE
COMMUNITY
Item # 16C9
AFTER-THE-FACT SUBMITTAL OF THE ATTACHED
AL TERNA TIVE WATER SUPPLY GRANT APPLICATION
UNDER SENATE BILL 444 TO THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR EACH PROJECT IN PUBLIC
UTILITIES ENGINEERING DIVISIONS CONSTRUCTION
CAPITAL AL TERNA TIVE WATER SUPPLY PROGRAM - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16C10
A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE
AMOUNT OF $349,000 TO COVER UNANTICIPATED
PERSONAL SERVICE AND OPERATING EXPENSES
INCURRED BY SIX WASTEWATER DEPARTMENT COST
CENTERS. ($299,000 FROM THE COLLIER COUNTY WATER-
SEWER DISTRICT OPERATING FUND (408) RESERVES FOR
CONTINGENCIES, AND $50,000 FROM THE PERSONAL
SERVICES BUDGETS OF THE NORTH COUNTY WATER
RECLAMATION FACILITY AND THE SOUTH COUNTY
WATER RECLAMATION FACILITY) - TO COVER
Page 292
September 13,2005
UNANTICIPATED PERSONAL SERVICES AND OPERATING
EXPENSES
Item #16C11
A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE
AMOUNT OF $50,000 FROM PROJECT 725061, NORTH
COUNTY WATER RECLAMATION FACILITY (NCWRF),
RENEW SLUDGE PUMP ROOMS AND $50,000.00 FROM
PROJECT 725112, NCWRF REPAIR AND REPLACEMENT
(R&R) OXIDATION DITCH TO A NEW PROJECT 739661,
NCWRF BLEACH SYSTEM RELIABILITY UPGRADES - TO
ENHANCE THE RELIABILITY AND SAFETY OF THE
CHLORINE BLEACH SYSTEM
Item #16D1
THE CHAIRMAN TO SIGN THE GRANT AGREEMENT FOR
COLLIER COUNTY LIBRARY PUBLIC LIBRARY
CONSTRUCTION PROJECT NUMBER 06-PLC-04,
PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO
RECEIVE $500,000 AWARDED BY GRANT TO ENLARGE THE
GOLDEN GATE BRANCH LIBRARY
Item #16D2
ACCEPT DONATED FUNDS IN THE AMOUNT OF $52.04 AND
APPROVE A BUDGET AMENDMENT RECOGNIZING THE
REVENUE AND APPROPRIATING FUNDS FOR EAST NAPLES
COMMUNITY PARK - TO ENHANCE RECREATION
PROGRAMS THROUGH PRIVATE CONTRIBUTIONS
Page 293
September 13,2005
Item #16D3
ACCEPT THE LIBRARY LONG RANGE AND TECHNOLOGY
PLANS AND THE CURRENT YEAR ACTION PLAN AND
AUTHORIZE THE CHAIRMAN TO SIGN THE FY 2005-2006
STATE AID TO LIBRARIES GRANT APPLICATION
PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO
APPL Y FOR STATE AID TO LIBRARIES
Item #16D4
A BUDGET AMENDMENT RECOGNIZING $35,000 IN
REVENUE FROM THE SALE OF FUEL AND MERCHANDISE
AT CAXAMBAS PARK AND APPROPRIATING FUNDS FOR
PURCHASE OF ADDITIONAL MERCHANDISE FOR RESALE -
TO SELL FUEL AND SUPPLIES TO THE PATRONS OF
CAXAMBAS PARK MARINA
Item #16D5
BID #05-3856 FOR PRINTING OF THE RECREATION GUIDE
TO SUNBEL T, INC. AT AN ESTIMATED COST OF $50,000 - TO
PROMOTE PARKS AND RECREATION PROGRAMMING
Item #16D6
AWARD BID NO. 05-3863 GOLDEN GATE PARK
MAINTENANCE BUILDING TO BRADANNA, INC. IN THE
AMOUNT OF $319,600 - TO MAINTAIN BEAUTIFUL AND
SAFE PARK FACILITIES
Item #16D7
Page 294
September 13,2005
ACCEPT DONATED FUNDS IN THE AMOUNT OF $2,545.69
AND APPROVE A BUDGET AMENDMENT RECOGNIZING
THE REVENUE AND APPROPRIATING FUNDS FOR
VINEYARDS COMMUNITY PARK - TO ENHANCE
RECREATION PROGRAMS THROUGH PRIVATE
CONTRIBUTIONS
Item #16D8
PURCHASE OF PARK MAINTENANCE EQUIPMENT IN THE
AMOUNT OF $281,925.24 FROM WESCO TURF SUPPLY, INC.
AND DISBROW ENTERPRISES, INC. - TO MAINTAIN
BEAUTIFUL AND SAFE PARK FACILITIES
Item #16D9 - Moved to Item #10Q
Item #16E1
RESOLUTION 2005-310: A LEASE AGREEMENT WITH STATE
REPRESENTATIVE MIKE DAVIS FOR USE OF OFFICE SPACE
AT THE GOVERNMENT CENTER FOR $1 0 ANNUALLY - FOR
THE PERIOD ENDING JANUARY 2. 2006
Item #16E2
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - FOR THE PERIOD OF AUGUST 1,2005
THROUGH AUGUST 25. 2005
Item #16E3
Page 295
September 13,2005
AN ADDENDUM TO THE EXISTING SPRINT REGULATED
SERVICES MASTER AGREEMENT (INITIAL ESTIMATED
ANNUAL VALUE $51,900) - TO PROCURE ETHERNET AND
OTHER DATA SERVICES THAT WERE NOT AVAILABLE AT
THE TIME THE AGREEMENT WAS APPROVED
Item #16F1
THE SUMMARY OF CONSENT AND EMERGENCY AGENDA
ITEMS APPROVED BY THE COUNTY MANAGER DURING
THE BOARD'S SCHEDULED RECESS. PER RESOLUTION
NUMBER 2000-149, "APPROVAL OF THIS AGREEMENT BY
THE COUNTY MANAGER IS SUBJECT TO FORMAL
RATIFICATION BY THE BOARD OF COUNTY
COMMISSIONERS. IF THE DECISION BY THE COUNTY
MANAGER IS NOT RATIFIED BY THAT BOARD, THIS
AGREEMENT SHALL BE ENFORCEABLE AGAINST COLLIER
COUNTY ONLY TO THE EXTENT AUTHORIZED BY LAW IN
THE ABSENCE OF SUCH RATIFICATION OF THAT BOARD".
Item #16F1-A
AMENDMENT NO.1 TO WORK ORDER NO. 04-3598;
PROFESSIONAL ENGINEERING SERVICES FOR CAPACITY,
MANAGEMENT, OPERATIONS AND MAINTENANCE STAFF
OPTIMIZATION ASSESSMENT FOR COLLIER COUNTY
WASTEWATER SYSTEMS, PROJECT 72517 IN THE AMOUNT
OF $22,000.00 AND EXTENSION OF CONTRACT
COMPLETION
Item #16F1-B
Page 296
September 13, 2005
BID #05-3834 "RECYCLING FITNESS WALK" TO BRIGHT
RIVER SALES AND CAPLE LANDSCAPE MANAGEMENT FOR
THE CONSTRUCTION OF AN INNOVATIVE RECYCLING
FITNESS WALK AT EAGLE LAKES PARK IN THE AMOUNT
OF $46.243.
Item #16FI-C
A LANDSCAPE INSTALLATION AND MAINTENANCE
AGREEMENT BETWEEN ESTUARY AT GREY OAKS
PROPERTY ASSOCIATION AND COLLIER COUNTY FOR
LANDSCAPING WITHIN THE RIGHT-OF-WAY ON GOLDEN
GATE PARKWAY
Item #16F1-D
BUDGET AMENDMENT 05-484
Item #16F1-E
AN AMENDMENT TO WORK ORDER NUMBER PHA-FT-03-02
ASSIGNED TO PITMAN-HARTENSTEIN & ASSOCIATES, INC.
TO INCLUDE CEI SERVICES OVERSEEING CONSTRUCTION
OF THE SECOND SEGMENT OF THE IMMOKALEE FIFTH
STREET STORMW A TER IMPROVEMENT PROJECT (PROJECT
NUMBER 51725) IN THE AMOUNT OF $33,763 INCREASING
THE TOTAL WORK ORDER AMOUNT FROM $121,330 TO
$155~093
Item #16F1-F
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
Page 297
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September 13, 2005
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS
Item #16FI-G
TO MINIMIZE THE COST OF ISSUANCE FOR ALL COUNTY
BONDS TRANSACTIONS BY PARTICIPATING IN THE
PREFERRED PRICING PROGRAM (40% DISCOUNT) OFFERED
BY MOODY'S INVESTORS SERVICE
Item #16F1-H
A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE
AMOUNT OF $2,405.01 FROM THE GENERAL FUND (001)
INTO THE TRANSPORTATION DISADVANTAGED FUND
(126) FOR THE SALE OF SURPLUS VEHICLES
Item #16F1-I
WORK ORDER # HM-FT-05-06 TO CONTRACT #01-3271 WITH
HUMISTON & MOORE FOR HIDEAWAY BEACH POST
CONSTRUCTION SURVEYS, INITIAL POST CONSTRUCTION
MONITORING SURVEY, RECORD DRAWINGS AND FINAL
CERTIFICATION PROJECT 90502 FOR THE AMOUNT OF
$77,633, AND APPROVE A BUDGET AMENDMENT OF
$250,000 FOR THE HUMISTON AND MOORE POST
CONSTRUCTION WORK
Item #16F1-J
BUDGET AMENDMENTS 05-509
Page 298
September 13,2005
Item #16FI-K
TO PROVIDE FUNDING FOR RESTORATION AND EXHIBIT
DEVELOPMENT AT THE NAPLES DEPOT
Item #16F1-L
BID NO. 05-3878 EAGLE LAKES COMMUNITY PARK PHASE
II INTERACTIVE WATER FEATURE TO BRADANNA, INC. IN
THE AMOUNT OF $264.946
Item #16F1-M
TWO WORK ORDERS UNDER CONTRACT #00-3119, FIXED
TERM CONTRACT FOR PROFESSIONAL UTILITIES
ENGINEERING SERVICES, WITH GREELEY & HANSEN LLC
FOR THE 2005 WATER AND WASTEWATER MASTER PLANS
UPDATES, AND INCLUDE FUNDING FOR RATE AND
IMPACT FEE STUDIES, PROJECT NUMBERS 70070, 75007,
AND 73066, IN THE TOTAL AMOUNT OF $345,106; AND FOUR
BUDGET AMENDMENTS IN THE TOTAL AMOUNT OF
$345.1 06
Item #16F1-N
A BUDGET AMENDMENT TRANSFERRING A TOTAL
AMOUNT OF $111,923.53 INTO TWO (2) ONGOING
STORMWATER PROJECTS; $15,000.00 FOR THE COUNTY
WIDE SWALE IMPROVEMENTS (PROJECT NO. 510071) AND
$96,923.53 FOR THE WIGGINS PASS OUTFALL PROJECT
(PROJECT NO. 512122)
Page 299
September 13, 2005
Item #16F1-0
A BUDGET AMENDMENT TO TRANSFER FUNDING FROM
THE COMPLETED GOODLETTE FRANK ROAD PROJECT
(PRR-VBR) 60134, TO THE GOODLETTE FRANK ROAD
PROJECT (GGPKWY-POMPEI LANE) 60005 PROJECT IN THE
AMOUNT OF $1.300.000
Item #16F1-P
A BUDGET AMENDMENT TO APPROPRIATE BUILDING
MAINTENANCE SPECIAL SERVICE AND INSURANCE
REFUND REVENUES TOTALING $78,000 AND SECURITY
SPECIAL SERVICE REVENUES TOTALING $25,000 FOR
REIMBURSEMENT OF PERSONAL AND OPERATING
EXPENSES IN FISCAL YEAR 2005
Item #16F1-Q
THE RELEASE AND SATISFACTION OF LIEN FOR THE
FOLLOWING CODE ENFORCEMENT ACTION; COLOR
COMMUNICATIONS. INC.; CEB 2004-64
Item #16F1-R
THE USE OF TRANSIT ENHANCEMENT FUNDS (313) TO
PURCHASE A HEAVY-DUTY TRANSIT BUS UNDER FLORIDA
PUBLIC TRANSPORTATION ASSOCIATION/HARLINE
CONTRACT 2003-07-01, TROLLEY DECAL WRAP AND
NECESSARY EQUIPMENT (IN THE ESTIMAT~D AMOUNT OF
$286.500)
Page 300
September 13, 2005
Item #l6Fl-S
THE SOLE SOURCE PURCHASE OF RESQPOD
CIRCULATORY ENHANCER IN THE AMOUNT OF $35.600.00
Item #16F1-T
AN AGREED ORDER AND AUTHORIZE PAYMENT OF
EXPERT FEES IN THE LAWSUIT STYLED COLLIER COUNTY
V. GJR OF NAPLES, INC. ET AL., CASE NO. 02-2212-CA,
IMMOKALEE ROAD PROJECT #60018). FISCAL IMPACT:
$7,700.00)
Item #16F2
FIRST AMENDMENT TO THE 2004/2005 TOURISM
AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY
OF NAPLES EXTENDING AGREEMENT TO SEPTEMBER 30,
2006 FOR THE NAPLES PRESERVE PROJECT FOR $50.000
Item #16F3
AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS AND COLLIER COUNTY
ACCEPTING $8,113 FOR THE PREPARATION OF HAZARDS
ANAL YSIS REPORTS FOR FACILITIES STORING
EXTREMELY HAZARDOUS SUBSTANCES WITHIN THE
COUNTY AND APPROVE THE BUDGET AMENDMENT
NECESSARY TO RECOGNIZE AND APPROPRIATE $8,113 AS
REVENUE. FOR THE PREPARATION OF HAZARDS
ANALYSIS REPORTS ON 33 SITES WITHIN COLLIER
COUNTY- UNDER THE TERMS OF THE AGREEMENT 50% OF
Page 301
September 13,2005
THE EHS SITES IN COLLIER COUNTY WILL BE VISITED
AND REPORTED ON BY FEBRUARY 1.2006
Item #16F4
A LICENSE AGREEMENTS WITH WAL-MART STORES, INC.,
FOR USE OF ITS FOUR NAPLES STORE' PARKING LOTS FOR
DISTRIBUTION OF DISASTER RELIEF SUPPLIES TO THE
PUBLIC -TO PROVIDE POINTS OF DISTRIBUTION OF RELIEF
SUPPLIES TO THE PUBLIC IN THE AFTERMATH OF A
MAJOR DISASTER FREE OF CHARGE THROUGH DECEMBER
31. 2005
Item #16F5
RESOLUTION 2005-311: REQUESTING THAT THE TRUSTEES
OF THE INTERNAL IMPROVEMENT FUND ESTABLISH AN
EROSION CONTROL LINE ON THE GULF OF MEXICO
SHORELINE ALONG PELICAN BAY AND NORTHERN PARK
SHORE; SETTING FORTH FINDINGS; AND PROVIDING FOR
AN EFFECTIVE DATE - EFFECTIVE IMMEDIA TEL Y UPON
ADOPTION
Item #16F6
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
CITY OF MARCO ISLAND TO PROVIDE FIRE PROTECTION
AND RESCUE SERVICES TO THE UNINCORPORATED AREA
OF THE COUNTY KNOWN AS GOODLAND AT AN ANNUAL
COST OF $102,415 -TO COMMENCE ON OCTOBER 1,2005
AND END ON SEPTEMBER 30. 2007
Page 302
September 13, 2005
Item # l6F7
AN INTERLOCAL AGREEMENT WITH THE SOUTHWEST
FLORIDA WORKFORCE DEVELOPMENT BOARD FOR
CONTINUATION OF THE SOUTHWEST FLORIDA JOB
TRAINING CONSORTIUM - TO RUN THROUGH JUNE 30. 2007
Item #16F8
TRANSMIT SENATE BILL 444 GLITCH AMENDMENTS AS
PROVIDED BY COLLIER COUNTY GOVERNMENT STAFF TO
THE COLLIER COUNTY LEGISLATIVE DELEGATION, THE
FLORIDA SENATE COMMITTEE ON COMMUNITY AFFAIRS
AND THE FLORIDA HOUSE COMMITTEE ON GROWTH
MANAGEMENT, AND THE FLORIDA ASSOCIATION OF
COUNTIES - TO PROVIDE FUNDING FOR A NEW
AL TERNA TIVE WATER SUPPLY PROGRAM
Item #16F9
AN APPLICATION FOR THE 2005 EMERGENCY
NOTIFICATION GRANT PROGRAM OFFERED BY DIALOGIC
COMMUNICATIONS CORPORATION -TO ENSURE THE
SAFETY AND WELL-BEING OF THE COUNTY'S SPECIAL
NEEDS POPULATION IN TIMES OF DISASTER
Item #16F10
TIGERTAIL BEACH BOARDWALK CATEGORY A GRANT
APPLICATION AMENDMENT AND EXPENDITURE OF
$158,800.00 - TO IMPROVE THE RESTROOMS'AND DUNE
WALKOVER
Page 303
-.. H"Ç -~. ...
September 13, 2005
Item #16F11
AN AGREEMENT BETWEEN COLLIER COUNTY AND DR.
MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY
MEDICAL EXAMINER DBA DISTRICT TWENTY MEDICAL
EXAMINER, INC. TO PROVIDE MEDICAL EXAMINER
SERVICES FOR FISCAL YEAR 2006 AT A COST OF $831.520
Item #16F12 - Moved to Item #100
Item #16F13
TWO (2) CONTRACTUAL SERVICE AGREEMENTS BETWEEN
COLLIER COUNTY AND THE EAST NAPLES AND GOLDEN
GATE FIRE & RESCUE DISTRICTS TO PROVIDE FIRE
PROTECTION AND RESCUE SERVICES WITHIN THE
COLLIER COUNTY FIRE CONTROL DISTRICT AT A COST OF
$213,400. - TO PROVIDE FIRE PROTECTION AND RESCUE
SERVICES TO THE RESIDENTS OF THE UNINCORPORATED
AREAS OF COLLIER COUNTY
Item #16F14
A LICENSE AGREEMENT WITH W AL-MART STORES, INC.
FOR COUNTY EMPLOYEE PARKING - COMMENCING
OCTOBER 1 ST 2005 THROUGH DECEMBER 31, 2006 FOR A
RENTAL AMOUNT OF $1.00
Item #16F15
A DEBT MANAGEMENT POLICY FOR COLLIER COUNTY
Page 304
_,,__.._... _·c"
September 13,2005
GOVERNMENT - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F16
MODIFICATION #1 TO HOMELAND SECURITY GRANT
AGREEMENT #05DS-2N-09-21-01-022 BETWEEN COLLIER
COUNTY AND THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS. (TIME EXTENSION)
TO FUND HOMELAND SECURITY AND EMERGENCY
PREPAREDNESS PROGRAMS AND INITIATIVES - EXTENDS
THE TERMINATION DATE FROM SEPTEMBER 30,2005 TO
NOVEMBER 30, 2005, WITH A FINAL REQUEST OF
DECEMBER 15.2005
Item #16G1 - Moved to Item #lOT
Item #16G2
THAT FLEET MANAGEMENT DISPOSE OF A 1988
PL YMOUTH RELIANT LE FOUR-DOOR SEDAN OWNED BY
THE COLLIER COUNTY AIRPORT AUTHORITY
Item #16G3
A SURPLUS SALE BID S05-3620R OF THE COLLIER COUNTY
AIRPORT AUTHORITY'S COUNTY OWNED CESSNA 182
AIRCRAFT TO THE HIGHEST BIDDER, REX AIR LLC OF
NAPLES. FOR THE AMOUNT OF $87.500
Item #16Hl
Page 305
. "..."'.-.... --....-..-'"'...
September 13,2005
REQUEST PAYMENT FOR REIMBURSEMENT FOR
COMMISSIONER COLETTA TO ATTEND THE IMMOKALEE
CHAMBER OF COMMERCE BBQ DINNER ON OCTOBER 1,
2005 AT A COST IN THE AMOUNT OF $25.00, TO BE PAID
FROM COMMISSIONER COLETTA'S TRAVEL BUDGET-
LOCATED AT 905 ROBERTS AVENUE, IMMOKALEE,
FLORIDA
Item #16H2
REQUEST PAYMENT FOR REIMBURSEMENT FOR
COMMISSIONER COLETTA TO ATTEND THE NAACP
FREEDOM FUND BANQUET ON OCTOBER 15,2005 IN THE
AMOUNT OF $55.00, TO BE PAID FROM COMMISSIONER
COLETTA'S TRAVEL BUDGET - TO BE HELD AT THE ELKS
LODGE. 3950 RADIO ROAD. NAPLES. FLORIDA
Item #1611
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REFERRED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 306
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
. September 13, 2005
FOR BOARD ACTION:
1.
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
'.
A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. July 2, 2005 - July 8, 2005.
2. July 9, 2005 - July 15, 2005.
3. July 16, 2005 - July 22, 2005.
4. July 23, 2005 - July 29, 2005.
5. July 30, 2005 - August 5, 2005.
6. August 6,2005 - August 12,2005.
B. Districts:
1.
Quarrv Community Development District: Minutes of May 9, 2005;
Agenda for May 9,2005; Fiscal Year Budget 2006; Agenda for June 13,
2005; Minutes of June 13,2005; Minutes of March 14,2005; Agenda of
March 14, 2005.
2.
Heritage Greens Community Development District: Minutes of May 2,
2005; Agenda for May 2,2005; Basic Financial Statements through
September 30, 2004; Proposed Operating Budget for 2006; Minutes of
June 13, 2005; Agenda of July 11, 2005.
3.
South Florida Water Management District: Notice Requesting a
Submerged Land LeaseN anderbilt Partners.
4.
Mediterra South Community Development District: Minutes of October
27, 2004; Consent to Use Easement Area.
5.
Immokalee Water & Sewer District: Proposed~~~,~~~~~~ ~~~~_"~"_
...~,.....--...... - ,..' .,.. .. . '~Itt\'~~
Wentworth Estates Community Develoµment DlstrfCi::'-.. ., ,. '-'''.r.-_',-,- '", '
Operating Budget for Fiscal Year 2006. ~. '.
¡ 0..18: q jlJ/ oS
6.
H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 1~~~05 Misc.
Crsp.doc ~
Copies To:
;
.",,-,.~ '.- .._~:~................_~,. 4·..· .-..... .." ... ._. ,_ . ..-1 t,:>_.
.~. .~,; ~~..k'_~: ~""""""""""'~'~"""::'..:. ~"_~,u_w~ '.''!'_
7. Collier Soil & Water Conservation District: Basic Financial Statements
together with Reports of Independent Auditor Year Ending September 30,
2004.
8. Pelican Bay: Proposed 2005 Assessments.
C. Minutes:
1. Collier County Planning: Commission: Minutes of July 7,2005; Agenda
of July 21, 2005; Minutes of June 2, 2005; Minutes of June 16, 2005;
Agenda of August 4, 2005.
2. Lely Golf Estates Beautification MSTU AdYisory Committee: Agenda of
July 21,2005; Minutes of June 16,2005; Agenda of September 29,2005;
Minutes of July 21, 2005.
3. Collier County Historic and Archaeological Preservation Board: Agenda
of July 20,2005; Minutes of June 15,2005; Agenda of August 17,2005;
Minutes of July 20, 2005.
4. Radio Road Beautification M.S.T.U. Advisory Committee: Agenda of
July 19, 2005; Minutes of June 28, 2005.
5. Collier County Contractors' Licensing Board: Agenda of July 20,2005;
Agenda of August 17,2005.
6. Collier County Domestic Animal Services Advisory Committee: Minutes
of June 21, 2005; Minutes of July 19, 2005.
7. Environmental Advisory Council: Agenda of August 3, 2005; Minutes of
July 6,2005; Revised Agenda of August 3, 2005.
8. Development Services Advisory Committee: Revised Agenda of July 14,
2005; Minutes of July 14, 2005.
a) Development Services Advisory Sub-Committee (Budget and
Operations Sub-Committee): Agenda of July 20,2005; Minutes
of July 20, 2005.
9. Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda of August 16,
2005; Minutes of July 19, 2005.
10. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee:
Minutes of July 13, 2005.
11. Conservation Collier Land Acquisition Advisory Committee: Agenda of
August 8, 2005; Minutes of June 13,2005.
H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc.
Crsp.doc
12. Pelican Bay Services Division: Agenda of July 6, 2005; Minutes of July
6, 2005; Statement of Revenues' and Expenditures Ending June 30, 2005;
Statement of Revenues and Expenditures Ending July 28,2005; Agenda
of August 3,2005.
a) Clam Bay Sub-Committee: Agenda of August 3, 2005; Minutes
of July 6, 2005.
b) M.S.T.B.U.: Agenda of August 3, 2005.
13. Golden Gate M.S.T.U. Advisory Committee: Minutes of July 12, 2005;
Agenda of August 9, 2005.
14. Bavshore Beautification M.S.T.U.: Agenda of August 10, 2005; Minutes
of July 13, 2005.
15. Caribbean Gardens Blue Ribbon Committee: Minutes of June 9, 2005.
16. Citizens Corps Advisory Committee: Minutes of July 20, 2005. Agenda
of June 15,2005.
H:\MELANIE\2005 MISCELLANEOUS CORRESPONDENCE\September 13, 2005 Misc.
Crsp.doc
September 13, 2005
Item #16Jl
A BUDGET AMENDMENT TRANSFERRING $300,000 FROM
RESERVES TO THE SHERIFF'S IN LIEU OF TRANSFER
ACCOUNT. (FACILITY EXPENSES) - TO PAY INCREASED
COSTS OF ELECTRICITY AND WATER AND SEWER
Item #16J2
THE PURCHASE OF A 24 PASSENGER SECURED
CONFINEMENT PRISONER TRANSPORT VEHICLE FOR THE
SHERIFF'S OFFICE FROM AVAILABLE IMPACT FEE FUNDS
IN THE AMOUNT OF $83,320. - TO MORE EFFICIENTLY
STREAMLINE THE PROCESS OF TRANSFERRING INMATES
BETWEEN THE NAPLES AND IMMOKALEE JAIL FACILITIES
TO KEEP BOTH THE INMATES AND DEPUTIES SAFE
Item #16K1
AN AGREED ORDER FOR PAYMENT OF EXPERT FEES IN
CONNECTION WITH PARCEL 111 IN THE LAWSUIT STYLED
COLLIER COUNTY V. NORMA E. BANAS, ET AL., CASE NO. 02-
5137-CA (IMMOKALEE ROAD PROJECT #60018) (FISCAL
IMPACT: $11.000.00)
Item #16K2
A RELEASE OF TEMPORARY DRIVEWAY RESTORATION
EASEMENTS FOR PARCELS 703A AND 703B IN THE PINE
RIDGE ROAD IMPROVEMENT PROJECT #60111. (FISCAL
IMPACT: $27.00)
Page 307
Item #16K3
September 13,2005
AN AGREED ORDER FOR PAYMENT OF EXPERT FEES IN
CONNECTION WITH PARCEL 187 IN THE LAWSUIT STYLED
COLLIER COUNTY V. PATRICK J. MURPHY, ET AL., CASE NO.
03-5270-CA (VANDERBILT BEACH ROAD PROJECT #63051)
(FISCAL IMPACT: $17.950.00)
Item #16K4
AN AGREED ORDER FOR PAYMENT OF EXPERT FEES IN
CONNECTION WITH PARCEL 134 IN THE LAWSUIT STYLED
COLLIER COUNTY V. TERRY L. LICHLITER, ET AL., CASE NO.
03-2273-CA (GOLDEN GATE P ARKW A Y PROJECT #60027)
(FISCAL IMPACT: $2~800.00)
Item #16K5
AN AGREED RECOMMENDED ORDER OF THE GENERAL
MASTER ON RESPONDENTS' AMENDED MOTION TO TAX
EXPERT WITNESS FEES IN THE LAWSUIT STYLED COLLIER
COUNTY V. JEFFREY RICHARDSON, ET AL., CASE NO. 02-
2188CA (IMMOKALEE RD PROJECT #60018) (FISCAL IMPACT
$6.700)
Item #16K6
AN AGREED ORDER AWARDING PLANNING EXPERT FEES
& COSTS IN AMOUNT OF $2,000 FOR PARCELS 142, 742A,
742B, & 942 IN THE LAWSUIT STYLED COLLIER COUNTY V.
PARKWAY COMMUNITY CHURCH OF GOD, CÀSE NO. 03-2374-
CA (GOLDEN GATE PKWY PROJECT 60027)
Page 308
-.- ...,,,........--..-
~ . .. --^
September 13, 2005
Item #16K7
THE AGREED ORDER AWARDING PLANNING EXPERT FEES
& COSTS IN THE AMOUNT OF $2,000 FOR PARCELS 141,841,
& 143 IN THE LAWSUIT STYLED COLLIER COUNTY V.
PRIMERA IGLESIA CRISTIANA MANANTIAL DE VIDA, INC.,
CASE NO. 03-2372-CA (GOLDEN GATE PARKWAY PROJECT
60027)
Item #16K8
THE EXTENSION OF THE TAX ROLL BEFORE COMPLETION
OF THE VALUE ADmSTMENT BOARD HEARINGS
PURSUANT TO SECTION 197.323, F.S., AND TAX
COLLECTOR'S REQUEST - DURING THE PERIOD OF
OCTOBER 14 THROUGH NOVEMBER 15.2005
Item #16K9
A MEDIATED SETTLEMENT AGREEMENT AND A
STIPULATED FINAL mDGMENT TO BE DRAFTED
INCORPORATING THE SAME TERMS AND CONDITIONS AS
THE MEDIATED SETTLEMENT AGREEMENT IN THE
AMOUNT OF $750,000.00 FOR THE ACQUISITION OF
PARCELS 106 AND 806 IN THE LAWSUIT STYLED COLLIER
COUNTY V. TREE PLATEAU CO., INC., ET AL., CASE NO. 03-
0519-CA (IMMOKALEE ROAD PROJECT #60018) (FISCAL
IMPACT: $335,575.00.) - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16KI0
Page 309
September 13,2005
THE STIPULATED FINAL mDGMENT RELATIVE TO THE
ACQUISITION OF PARCEL 125 IN THE LAWSUIT STYLED
COLLIER COUNTY V. G. HERBST, ET AL., IMMOKALEE ROAD,
PROJECT #60018. (FISCAL IMPACT: $10.206.00)
Item #16Kll
A STIPULATED FINAL mDGMENT AS TO PARCELS 178A
AND 178B IN THE AMOUNT OF $258,000.00 IN THE LAWSUIT
STYLED COLLIER COUNTY V. ROBERTO BOLLT, SUCCESSOR
TRUSTEE OF THE LAND TRUST AGREEMENT DATED 1/26/86,
ET AL., CASE NO. 02-2217-CA (IMMOKALEE ROAD PROJECT
NO. 60018). (FISCAL IMPACT: $93.550.00)
Item #16K12
THE MEDIATED SETTLEMENT AGREEMENT IN THE
AMOUNT OF $115,000 FOR RESPONDENT, LOUISE V.
TAYLOR, TRUSTEE, PARCEL NO. 156 IN THE LAWSUIT
STYLED COLLIER COUNTY V. ANDY MORGAN, ET AL., CASE
NO. 02-5169-CA (IMMOKALEE RD PROJECT 60018) (FISCAL
IMPACT $45.246.20)
Item #16K13
EXECUTE A "PARTIAL TERMINATION OF EASEMENT" AND
A "RELEASE OF EASEMENT RIGHTS" THAT ARE OF NO USE
TO THE COUNTY OR TO THE COLLIER COUNTY W A TER-
SEWER DISTRICT, BUT ENCUMBER PARTNERSHIP
PROPERTY TO THE EAST AND SOUTHEAST
Item #16K14
Page 310
. - """'," ____ _Ir ,,'f!.... "'~~
September 13, 2005
AWARD RFP OS-3847 TO MARIANNE KANTOR TO PROVIDE
ATTORNEY SPECIAL MAGISTRATE SERVICES TO THE
COLLIER COUNTY VALUE ADmSTMENT BOARD. COST IS
ANTICIPATED NOT TO EXCEED $S,OOO PER ANNUAL
HEARING SESSION - TO PROVIDE THE T AXP AYERS OF
COLLIER COUNTY A VENUE TO APPEAL PROPERTY TAXES
LEVIED ON THEIR PROPERTY
Item #16KlS
AWARD RFP OS-3848 AND APPROVE CONTRACTS WITH
STEPHEN A. CUNNINGHAM, SOUTH FLORIDA SERVICES,
INC., CECIL L. NEFF & ASSOCIATES, INC., AND MACHINERY
CAPITAL ASSETS TO PROVIDE APPRAISER SPECIAL
MAGISTRATE SERVICES TO THE COLLIER COUNTY VALUE
ADmSTMENT BOARD. AGGREGATE COST ANTICIPATED
NOT TO EXCEED $IS.000 PER THE 200S V AB SEASON
Item#17A
ORDINANCE 200S-44: AN ORDINANCE WHICH REGULATES
AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN
THE UNINCORPORATED AREA OF COLLIER COUNTY
Item #17B - Continued to the September 27, 200S BCC Meeting
TO REPEAL AND REPLACE THE ORDINANCE
ESTABLISHING THE CODE ENFORCEMENT BOARD AND
THE NUISANCE ABATEMENT BOARD
Item #17C
Page 3 11
September 13,2005
RESOLUTION 200S-312: A RESOLUTION REVISING THE
COLLIER COUNTY WATER-SEWER DISTRICT UTILITIES
STANDARDS MANUAL
Item #17D
THE FIRST AMENDMENT TO THE CABLE FRANCHISE
AGREEMENT THAT RETROACTIVELY APPROVES THE
RENEWAL OF A CABLE TELEVISION FRANCHISE FOR
MARCO ISLAND CABLE. INCORPORATED
Item #17E
RESOLUTION 200S-313 & RESOLUTION 200S-314:
RESOLUTIONS APPROVING THE PRELIMINARY
ASSESSMENT AS THE FINAL ASSESSMENT ROLLS AND
ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT
ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM
METHOD OF COLLECTION PURSUANT TO SECTION
197.3632, FLORIDA STATUTES, FOR SOLID WASTE
DISTRICTS NO.1 AND NO.2, MUNICIPAL SERVICE BENEFIT
UNITS SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS
AMENDED. REVENUES ARE ANTICIPATED TO BE
$14.0S 1.400
*******
Page 312
".~.."..;o _
September 13, 2005
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:41 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
'1uLw~
FRED W. COYLE, AIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
~ Il'.,,~
: c:.vu..a o. ( '-
.lUtst as -,
,r.at\ft -u
These minutes aDP'roved by the Board onÖC-~r l \.ð\Xti as
presented /" ~ or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 313