BCC Minutes 11/01/2005 R
November 1, 2005
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 1, 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 (Absent)
Donna Fiala
Jim Coletta
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Crystal Kinzel, Office of the Clerk of Court
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
October 25, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
Page 1
October 25, 2005
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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
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. September 22, 2005 - BCC/Budget Hearings
C. September 23, 2005 - Value Adjustment Board Meeting
D. September 27,2005 - BCC/Regular Meeting
E. October 3,2005 - BCC/Pre-2006 Legislative Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Jorge Aguilera, Bureau of Emergency Services
2) Alice Toppe, Risk Management
B. 25 Year Attendees
1) Kyle Lukasz, Pelican Bay Services
2) Rhonda Tibbetts, Purchasing
C. 30 Year Attendees
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October 25, 2005
1) Kathy Carpenter, Public Services Administration
4. PROCLAMATIONS
A. Proclamation designating October 28, 2005, as The Day of the Red Walk.
To be accepted by Craig Greusel, Project Director; Karey Stewart, Lely
Elementary Principal; and Nina Ribinski, Administrator for Safe and Drug-
free Schools.
B. This item continued from the October 11, 2005 BCC Meetin1!.
Proclamation designating October 25,2005, Mr. James Rozzi Day. To be
accepted by James Rozzi.
C. Proclamation designating November 2005 as Collier County Adoption
Month. To be accepted by Terry Iamuri, President of Adoption Task Force
of Southwest Florida, Inc.; Deborah Allen, Secretary of Adoption Task
Force of Southwest Florida, Inc.; Jim Allen, Board Member of Adoption
Task Force of Southwest Florida, Inc.; and Dustin Allen, son of Deborah and
Jim Allen.
D. Proclamation designating October 25,2005, as Hurricane Katrina Relief
Workers' Day. To be accepted by Nicole Basta, Karen Simander, Marie
Laliberte, and Tonia Figueroa of the Collier County Health Department;
Division Chief Dan Bowman, Captain Les Williams, Lieutenant Eva Weeks,
Lieutenant Heather Spieth, Lieutenant Eric Havens of Emergency Medical
Services; Chris Byrne and Jonathan Aponte of the City of Marco Island Fire
Department; Erick Baltodano and Marc SanAngelo of the City of Naples
Fire Department; Al Sanchez and David Levitt of Domestic Animal
Services; and Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor,
Jamie Farmer, Fed Privett, and Marty White of the Florida Panther National
Wildlife Refuge.
E. Proclamation designating October 26, 2005, as Dogs Night Out Day. To be
accepted by Margo Castorena, Director of Domestic Animal Services; and
Deb Newman, Executive Director of the Fifth Avenue South Association.
F. Proclamation supporting citizens' ballot initiative to amend the Constitution
of Florida by adding a new section to Article I. To be accepted by Jerry
Rutherford, Chairman, Christian Coalition of Collier County.
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October 25, 2005
5. PRESENTATIONS
A. Recommendation to recognize Frank Inzano, Engineering Inspector, Public
Utilities Division, as Employee of the Month for October 2005.
6. PUBLIC PETITIONS
A. Public Petition request by Jo Presi Brisson to discuss road paving in Golden
Gate Estates.
B. Public Petition request by Thomas Se1ck to discuss Building Permit No.
2005080737,3560 21st Avenue SW.
Item 7 and 8 to he heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2005-AR-7586
Southern Centers in Naples, LC, in regards to Office Depot, represented by
Wayne Arnold, ofQ. Grady Minor and Associates, P.A. and Richard
Yovanovich of Goodlette, Coleman and Johnson, P.A., requesting a
conditional use to allow an office supply store in excess of 5, 000 square feet
within the C-3 zoning district (with an ST overlay) pursuant to the previous
LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is
located on the northeast comer of Collier Boulevard and Tamiami Trail East
(US 41), in Section 3, Township 51 South, Range 26 East.
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: CU-2003-AR-
3573. Independent Haitian Church of God, represented by Kelly Smith of
Davidson Engineering, Inc., requesting a Conditional Use in the RMF-6
zoning district as provided for within Table 2 of Section 2.04.03 per Land
Development Code (LDC) for expansion of a church. The 2.03 acre property
to be considered for the conditional use is located at 3709 Guilford Road,
Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50,
Range 25, Collier County Florida.
C. This item was continued from the July 26, 2005 and October 11, 2005
BCC meetin1!s and is further bein1! reQuested to be continued
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October 25, 2005
indefinitely. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2004-AR-6384
Golden Gate Congregation of Jehovahs Witnesses, represented by Mike
Landy, of Landy Engineering, Inc. requesting a Conditional Use in the
Estates zoning district for an additional church building pursuant to Table 2
of Section 2.04.03 of the Collier County Land Development Code. The
proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance
Number 97-440. The new church building is proposed to be 4,400 square
feet. The property consisting of 5.15 acres, is located at 3480 Golden Gate
Boulevard S. W., Tract 81, Golden Gate Estates Unit No.4, in Section II,
Township 49 South, Range 26 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-2005-AR-7469,
Sonoma Oaks MPUD: Richard and Frances Craig and CDN Properties,
LLC, represented by Robert Mulhere of R W A, Inc., in requesting a rezone
from the Rural Agricultural "A" zoning district to the Mixed Use Planned
Unit Development "MPUD" zoning district to be known as Sonoma Oaks
PUD, a mixed-use development consisting of a maximum of 112 residential
dwelling units and 120,000 square feet of commercial uses located on
approximately 37.5 acres, on the west side of Collier Boulevard (CR 951),
approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34,
Township 48 South, Range 26 East Collier County, Florida.
B. This item was continued from the October 11, 2005 BCC meetin1!. This
item reQuires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDEX-2005-AR-7832 Hammock
Woods LLC, represented by David Underhill, P.E., of Banks Engineering,
Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The
subject property, consisting of 90.8 acres, is located at the southwest comer
of Rattlesnake-Hammock Road and Collier Boulevard, in Section 22,
Township 50 South, Range 26 East, Collier County, Florida.
C. This item was continued from the October 11,2005 BCC Meetin1!. This
item reQuires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDZ-A-2004-AR-6092:
Benderson Development Company, represented by Agnoli, Barber &
Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress,
Page 5
October 25, 2005
requesting an amendment to the Westport Commerce Center PUD for the
purpose of revising the PUD document and Master Plan to show a reduction
in the intensity of the commercial/retail and industrial square footage, delete
the Accommodations District land use, increase the amount of preserve area,
and changing the PUD reference to MPUD (Mixed Use PUD). The property
is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section
3, Township 50 South, Range 26 East, Collier County, Florida, consisting of
96.3 acres. (Petitioner's request)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the SWFL Expressway Authority.
B. Confirmation of appointments to the Collier County Citizens Corps.
C. Request for a reconsideration of purchasing School Board property that was
approved for purchase by the Board of County Commissioners at the
September 27,2005 BCC Meeting. (Commissioner Halas request)
10. COUNTY MANAGER'S REPORT
A. Request the Board approve, and authorize its Chairman to sign, an Interlocal
Agreement with the City of Naples with respect to the County's Goodlette-
Frank Road Project. (Norman Feder, Administrator, Transportation
Services)
B. This item to be heard at 1:00 p.m., and after Item 12B. Recommendation
that the Board approve the plans, specifications, and cost estimates
concerning the proposed project to restore the lake between 107th Avenue
North and 1 08th Avenue North, together with the tentative assessment roll
and methods of assessment; provide advance funding for the project; and
provide for payment of the special assessment. (Norman Feder,
Administrator, Transportation Services)
C. Recommendation to approve selection of Consultech, a Qualified Firm, and
award a Contract under ITN 05-3583 CEI Services for Collier County Road
Projects," for Project No. 69101 Immokalee Road from 1-75 to CR-95 I
Collier Boulevard in the amount of$1,54l,279. (Norman Feder,
Administrator, Transportation Services)
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October 25, 2005
D. Recommendation to approve Collier County's 2006 State Legislative
Priorities and direct the County Manager to provide them to the county's
state lobbyist.
E. Recommendation to approve and transmit a Water Reservation Policy
Statement on behalf of Collier County to the Florida Association of Counties
as requested.
F. Recommendation to approve selection of AB&B, a Qualified Firm and
award a Contract under RFP 05-3835 Consulting and Design Services" for
new alignment and capacity improvements to Santa Barbara Boulevard from
Davis Boulevard to Rattlesnake Hammock Road, County Project No. 60091
in the amount of $1,160,034. (Norman Feder, Administrator, Transportation
Services)
G. Recommendation to approve award of bid 05-3894 in the Amount of
$3,171,636 to Douglas N. Higgins, Inc., for the construction of the Potable
Water Main and Landscaping Improvements along US 41 Project 71059.
(Jim DeLony, Administrator, Public Utilities)
H. Approve an Addendum to the County Manager's Employment Agreement.
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item is a time certain item to be heard at 12:00 noon.
Recommendation that the Board of County Commissioners, pursuant to
Section 286.011(8), Fla. Stat., meet in executive (closed attorney-client)
session at 12:00 noon on Tuesday, October 25, 2005, to discuss settlement
negotiations and/or strategy related to litigation expenditures in the case of
Collier County v. United Engineering Corporation, Case No. 04-3363-CA,
pending in the Twentieth Judicial Circuit in and for Collier County, Florida.
Attending: Board of County Commissioners; County Attorney David C.
Weigel; Chief Assistant County Attorney Michael W. Pettit; Paul Ullom,
Esq.; County Manager James V. Mudd.
B. This item is a time certain item to be heard at 1:00 p.m. in Open
Session. Recommendation that the Board of County Commissioners (1) give
direction to outside counsel, Paul Ullom, Esq., of the law firm Carlton
Page 7
October 25, 2005
Fields, and the Office of the County Attorney regarding settlement
negotiations and/or strategy related to litigation expenditures in the case of
Collier County v. United Engineering Corporation, Case No. 04-3363-CA,
pending in the Twentieth Judicial Circuit in and for Collier County, Naples,
Florida, and (2) recommendation that the Board of County Commissioners
also give direction concerning settlement or other action in related disputes
including without limitation to related disputes with the engineering firm of
Metcalf & Eddy.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Venezia Grande Estates.
The roadway and drainage improvements will be privately
maintained.
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Kensington Park Phase
Four. The roadway and drainage improvements will be privately
maintained.
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Kensington Gardens. The
roadway and drainage improvements will be privately maintained.
Page 8
October 25, 2005
4) Recommendation to grant final approval of the roadway (Public) and
drainage improvements for the final plat of Sabal Bay Commercial
Plat, Phase Two (Thomasson Drive)
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Kensington Park Phase
Three-C. The roadway and drainage improvements will be privately
maintained.
6) Recommendation to approve for recording the final plat of
Cottesmore, 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 Waterways of Naples Unit
One. The roadway and drainage improvements will be privately
maintained.
8) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Waterways of Naples Unit
Two. The roadway and drainage improvements will be privately
maintained.
9) Recommendation to approve an Agreement for Sale and Purchase
with Roseanna T. Lockwood, as Trustee of the Lockwood Family
Revocable Trust dated November 6, 1991 for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $46,000.
10) Recommendation to approve an application for reimbursement of a
portion of impact fees in the sum of$70,017.43, due to the over-
collection of impact fees, based on an incorrect land use classification.
11) Recommendation to approve final acceptance of water utility facilities
for Crystal Lake Terraces, Phase Three.
12) Recommendation to approve final acceptance of water and sewer
utility facilities for Olde Cypress, Unit One.
Page 9
October 25, 2005
13) Recommendation to approve final acceptance of water and sewer
utility facilities for Venezia Grand Estates.
14) Recommendation to approve final acceptance of water and sewer
utility facilities for Sabal Bay Commercial, Phase 2.
15) Recommendation to approve final acceptance of sewer utility facilities
for Kensington Park, Phase Four.
16) Recommendation to approve final acceptance of sewer utility facilities
for Kensington Park, Phase 3-C.
17) Recommendation to ratify the County Manager's approval of an
Access Request and Release form allowing Florida Natural Areas
Inventory staff to access Conservation Collier lands for the purpose of
conducting an exotic plant survey, to authorize the Chairman to sign
the attached Access Request and Release form and to authorize the
County Manager or his designee to sign Access Request and Release
forms in the future.
18) Recommendation to approve for recording the final plat of Artesia
Naples, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
19) CARNY-2005-AR-8445, Reverend Joseph Spinelli, O.S.A., St
Elizabeth Seton Catholic Church, requesting a permit to conduct the
annual St. Elizabeth Seton Festival on November 9,10, 11, 12 and 13,
2005, located at 2760 52nd Terrace SW in Golden Gate City.
20) Recommendation to approve final acceptance of sewer utility facilities
for Kensington Gardens.
21) Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in the Code of Laws Section 2-11, for
the purpose ofre-labeling the Building Valuation Data Table.
22) Recommendation to approve four State Housing Initiative Partnership
(SHIP) Budget Amendments, recognizing additional program
Page 10
October 25, 2005
revenue, carry-forward and closing out grant year 2003 and grant year
2004 in the Affordable Housing Trust Fund (191).
B. TRANSPORTATION SERVICES
1) Recommend Board's approval of Adopt-A-Road Agreements (4) for
the following: Lori Young, Florida Home Realty-Airport Road 1, Lori
Young, Florida Home Realty-Airport Road 2, Lori Young, Florida
Home Realty-Radio Road and ASAP Accounting Service of Ana
Patino, Inc.
2) Recommendation to approve the purchase of three (3) Tractor
Mowers from Creel Tractor Company in the amount of $106,370.16
in accordance with State bid contract #765-900-452.
3) Recommendation to approve the purchase of one (1) Articulated
Motor Grader from the Nortrax Equipment Company in the amount of
$142,159.17 in accordance with the Florida Sheriffs Association &
Florida Association of Counties Contract #05-13-0822.
4) Recommendation to approve the purchase of one (I) Bulldozer from
the Nortrax Equipment Company in the amount of$143,867.01 in
accordance with the Florida Sheriffs Association & Florida
Association of Counties Contract #05-13-0822.
5) Recommendation to approve a Resolution superseding and replacing
Resolution Number 2003-134, in order to expand and redefine a No
Parking Zone on Griffis Highway, commonly known as Capri
Boulevard, at a cost of $800.
6) Recommendation to approve Change Order No.2 to Professional
Services Agreement No. 03-3509 in the amount of$310,540 for
additional engineering services with American Consulting Engineers
of Florida, LLC for design additions and modifications to the
Goodlette-Frank Road expansion project from Golden Gate Parkway
to Pompei Lane, Project No. 60005.
7) Recommendation to approve the purchase of four (4) Crew Cab Flat
Bed Dump Trucks in accordance with Collier County bid #04-3591
from Wallace International Trucks in the amount of $256,880.96.
Page 11
October 25, 2005
8) Recommendation to authorize staff to enter into a Work Order in the
amount of $176,548 with Johnson Engineering, Inc. for the design,
permitting, and construction engineering and inspection services of
the Florida Power & Light (FP&L) Greenway from Rattlesnake
Hammock Road to Radio Road, Project #69081.
9) Recommendation to approve the purchase of two (2) 20-CY Diesel
Powered Dump Trucks in accordance with Collier County bid #05-
3731 from Wallace International Trucks in the amount of
$193,280.24.
C. PUBLIC UTILITIES
1) Recommendation to award Bid No. 05-3872 for Reinforcement of
Driveways for the Residential Trash Collection & Disposal Program
to NR Contractors, Inc. Estimated value of $200,000 from the
Mandatory Trash Collection Funds.
2) Recommendation to approve a budget amendment and to return
excess grant proceeds for the Petroleum Cleanup Contract GC623
back to the State of Florida.
3) Recommendation to award Bid 05-3871, South County Inflow and
Infiltration Repair Services & Installation of New Interior Manhole
Chimney Seals and Manhole Rehabilitation to D. N. Higgins, Inc. for
County-wide maintenance of manholes in the estimated annual
amount of $808,300 from project 725001.
4) Recommendation to approve an Amendment to Work Order JEI-FT-
05-02-A for the Construction Engineering Inspection Services to
Johnson Engineering Inc., (JEI) to inspect the construction of the
Water Main on US 41 in the amount of$164,758 Project 71059.
5) Recommendation to Approve a Blanket Purchase Order with U.S.
Filter for Maintenance and Repair of Odor Control Units at Both the
North County Water Reclamation Facility and the South County
Water Reclamation Facility, in the Amount of $145,094.
6) Recommendation to award Bid # 05-3882, Annual Generator Repair,
Maintenance & Installation to Power Pro- Tech Services, Inc. for
Page 12
October 25, 2005
County-wide maintenance of equipment in the estimated annual
amount of $350,000.
D. PUBLIC SERVICES
1) Recommendation to enter into an agreement with Collier County
Child Advocacy Council to provide supervised visitation services in
Collier County. Services will be reimbursed through a grant awarded
by the United States Department of Justice, Office on Violence
Against Women in the amount of$125,000.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve fourteen additional classifications as
FRS senior management positions, modifications and additions to the
deferred compensation match, and the addition of a retiree health
insurance program. ($314,911)
2) Recommendation to authorize conveyance of an Easement to Florida
Power & Light Company for the installation of electrical facilities to
serve the Vanderbilt Beach Parking Garage, at a cost not to exceed
$27.00, Project 90295.
3) Recommendation to waive formal approve competition and approve
the use of Eaton Power Quality Corporation for services over $25,000
for the purchase of UPS back-up battery systems and the maintenance
and warranty operations of the these systems.
4) Recommendation to award Bid #05-3880 Water Treatment
Services/Chemicals for Cooling Towers to Aquasure, Inc. for water
treatment services/chemicals for cooling towers. (Average annual
amount of $34,000)
5) Recommendation to award Bid #No. 05-3857 for the purchase and
installation of floor covering to Wayne Wiles Carpets, Inc. d/b/a
Wayne Wiles Floor Coverings and LP Group, Inc. d/b/a Carpet &
More. (Average annual amount of $49,000)
F. COUNTY MANAGER
Page 13
October 25, 2005
1) Recommend approval of proposed Amendment to Tourist
Development Tax Category A Beach and Beach Park Facilities
Funding Policy.
2) That the Board of County Commissioners adopt the attached
resolution and the related amendments (appropriating grants,
donations, contributions or insurance proceeds) which amend the
Fiscal Year 2004-05 adopted budget in accordance with Section
129.06, Florida Statutes.
3) Recommendation to approve an Agreement between Collier County
and the Florida Department of Community Affairs accepting
$105,806 for Emergency Management Program Enhancement.
4) Recommendation to approve a budget amendment in the amount of
$391,011.23 for the purchase of two ambulances and one Ford
Expedition for replacements to Emergency Medical Services fleet.
5) Recommend approval of Change Order 1 to Research Services
Contract #03-3538 with Evans, Klages, Inc. dated October 28, 2003
for additional funding in the of$33,000, for a total of$108,000 and
approve Change Order I to be retro-active October 1,2005.
6) Recommendation to approve the purchase of GovMax software
($45,000 per annum for both the Operating and Capital modules).
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Approve the Service Contract of the Bayshore Gateway Triangle
Community Redevelopment Agency Executive Director, David L.
Jackson.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests approval for reimbursement for
prepaying to attend a function serving a valid public purpose: The
Friends of the Developmentally Disabled Inaugural Fund Raiser on
November 5, 2005 in the amount of $50.00 to be paid from his travel
budget.
Page 14
October 25, 2005
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner is
requesting reimbursement for attending the Bonita Springs Noon
Rotary as a speaker on November 3,2005 and is requesting
reimbursement in the amount of $14.00, to be paid from his travel
budget.
3) Commissioner Coletta requests approval for reimbursement for
payment to attend a function serving a valid public purpose.
Commissioner paid in advance for the 2005 Southwest Florida Blue
Chip Community Business Award Recognition Breakfast he intends
to attend on November 3,2005 and is requesting reimbursement in the
amount of $10.00, to be paid from his travel budget.
4) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid purpose. Commissioner paid in
advance to attend the Ave Maria University & Town Groundbreaking
and Reception on November I, 2005 and is requesting reimbursement
in the amount of $20.00 to be paid from his travel budget.
5) Commissioner Henning requests Board approval for reimbursement
for attending a function serving a valid public purpose. Commissioner
Henning to attend The Education Foundation Breakfast featuring
Representative Dudley Goodlette as speaker. The event is October 26,
2005, at the Hilton Hotel; $18.95 to be paid from Commissioner
Henning's travel budget.
6) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. commissioner to
attend the Ave Maria University & Town ground breaking ceremony
and reception on November 1, 2005 at 5100 Camp Keais Road;
$20.00 to be paid from Commissioner Halas' travel budget.
7) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner to
attend the Rookery Bay Environmental Learning Center Cuban
Caribbean Cookout on October 26, 2005 at Rookery Bay; $20.00 to
be paid from Commissioner Halas' travel budget.
Page 15
October 25, 2005
8) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner to
attend the Blue Chip Recognition Breakfast on November 3,2005 at
the Hilton Naples & Towers' $10.00 to be paid from Commissioner
Halas' travel budget.
9) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. To attend the
Ground Breaking Ceremony for Ave Maria University & Town on
Tuesday, November 1, 2005 at the Ave Maria site, 5100 Camp Keais
Road; $20.00 to be paid from Commissioner Fiala's travel budget.
10) Commissioner Fiala requests Board approval for reimbursement to
attend a function serving a valid public purpose. Will attend the
Cuban Caribbean Cookout and Cocktail Party at Rookery Bay
Reserve on Wednesday, October 26,2005; $20.00 to be paid from
Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to adopt the budget amendment appropriating carry
forward and expenditure budgets for open purchase orders for non-
project funds and for unexpected budget for project funds at the end of
Fiscal Year 2005.
2) Recommend that the Collier County Commission endorse the United
States Department of Justice/Department of Treasury Federal
Equitable Sharing Annual Certification Report.
3) Recommend to waive formal competition and execute Lease for
absentee ballot processing and mailing equipment for the Supervisor
of Election Office.
K. COUNTY ATTORNEY
Page 16
October 25, 2005
1) 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 $517,500.00 for the Acquisition of Parcels 135, 735A and
735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc.,
et aI., Case No. 04-3632-CA (Immokalee Road Project No. 66042).
(Fiscal Impact: $307,332.00)
2) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment for Parcel 158 in the lawsuit styled Collier
County v. Joseph Guidish, Jr., et al., Case No. 03-2549-CA (Golden
Gate Parkway Project 60027).(Fiscal Impact $11,987)
3) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment for Parcels 160 & 960 in the lawsuit styled
Collier County v. Beverly J Gatti, et al., Case No. 03-2551-CA
(Golden Gate Parkway Project 60027).(Fiscal Impact $41,211)
4) Recommendation to authorize application for tax deeds for thirty-one
(31) County-held tax certificates and to authorize a notice to proceed
to the Tax Collector.
5) Recommendation to approve the designation of one (1) additional
classification as senior management service position for Florida
Retirement System (FRS) eligibility purposes; to approve the addition
of an annual match into the deferred compensation accounts (the
County's 457 Defined Contribution Plan) of employees who receive a
lump sum merit increase, of Assistant County Attorneys (equivalent to
County Manager Department Director positions), and of the Chief
Assistant County Attorney (equivalent to the Deputy County
Manager).
6) Recommendation that the Board of County Commissioners approve,
and authorize the Chairman to execute, an Amendment to Settlement
and Zoning Agreement for the property contained within the Orange
Blossom Ranch PUD.
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
Page 17
October 25, 2005
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. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. A Resolution amending
Resolution Number 05-261 that granted Conditional Use approval for the
Florida Home Model Center Extension to correct a scriveners error resulting
from an incorrect legal description included in the adopted Resolution for
property located in Section 15, Township 49 S, Range 26 E, Collier County,
Florida.
B. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VPLA T2005-AR8l5l to disclaim, renounce and vacate
the Countys and the Publics interest in a portion of the 7.5 foot wide
drainage easement located along the side of Lot 67, Block F, according to
the plat of Flamingo Estates as recorded in Plat Book 10, Pages 34 through
35, Public Records of Collier County, Florida, located in Section 1,
Township 50 South, Range 25 East.
C. SE-05-AR-8029, a Resolution amending Resolution Number 05-235, the
Town of Ave Maria DRI to correct a scriveners error in Exhibit A Legal
Description of the Resolution to the Town of Ave Maria Development Order
Number 05-01 for property that is located on the north side of Oil Well Road
(CR-858), the west side of Camp Keais Road and approximately 6,000 feet
south of Immokalee Road (CR-846). The property lies within Sections 4-9 &
16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47
South, Range 29 East.
D. SE-05-AR-8030, a Resolution amending Resolution Number 05-234A, the
Town of Ave Maria Stewardship Receiving Area (SRA) to correct a
scriveners error in Exhibit A Legal Description of the Resolution to the
Page 18
October 25, 2005
Town of Ave Maria SRA for property that is located on the north side of Oil
Well Road (CR-858), the west side of Camp Keais Road and approximately
6,000 feet south of Immokalee Road (CR-846). The property lies within
Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-
33 Township 47 South, Range 29 East.
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-04-AR-6422, D.
Wayne Arnold ofQ. Grady Minor & Associates, P. A., and George
Varnadoe ofCheffy, Passidomo, Wilson & Johnson, representing The
Lutgert Companies, requesting to rezone 53 acre site from Rural Agriculture
(A) Zoning District to a Mixed-Use Planned Unit Development (MPUD) to
be known as the Mercato MPUD permitting a maximum of395,000 square
feet of retail floor space, 100,000 square feet of office space, and a
maximum of 80 hotel units is permitted within the 27.7-acre Mixed Use tract
and 175 residential dwelling units in a mixed-use area and on a 10.67 acre
Residential Tract resulting in a density of 3.3 units per acre. The property is
located on the northeast quadrant of Vanderbilt Beach Road (CR-862) and
Tamiami Trail North (US-4l) in Section 34, Township 48 South, Range 25
East.
F. Recommendation that the Board of County Commissioners of Collier
County, Florida, adopt an Ordinance amending Ordinance No. 2003-59,
which is Article V of Chapter 49 of the Collier County Code of Laws and
Ordinances, incorporating changes to the Advanced Broadband
Infrastructure Investment Program, and establish a maximum annual budget
of $300,000 to fund the Program.
G. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-2004-AR-
6126 WCI Communities, Inc., and CDC Land Investments, Inc., represented
by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A.
and Robert J. Mulhere, AICP, of RW A, Inc., requesting a rezone from the
Planned Unit Development (PUD), Agricultural-Special Treatment area (A-
ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit
Development (MPUD) zoning district, for a project to be known as the Sabal
Bay PUD. A portion of the site is currently known as the CDC PUD or
Collier DR!. The proposed project will include a residential component
consisting of a maximum of 1,999 varied housing type units and golf course,
commercial uses, recreation/village center uses, and public facility uses,
Page 19
October 25, 2005
preserve areas and rights-of-way. The property is located south of
Thomasson Drive, south and west of U.S. 41, north and west of the
Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The
property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25
East, and Section 19, Township 50 South, Range 26 East, Collier County,
Florida, consisting of 2,416.08 acres. (COMPANION ITEM TO
AGENDA ITEM 17H - DRIABN-2004-AR-6251)
H. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. DRIABN-2004-AR-
6251 Collier Development Corporation (CDC) represented by George
Varnadoe, ofCheffy, Passidomo, Wilson & Johnson, LLP, requesting
abandonment of a Development of Regional Impact (DRI) for the CDC DRI
approved in DRI Development Order 86-2, approved on November 10, 1986
because the proposed changes to the PUD will reduce the project below the
applicable criteria for a DRI. The property is located south of Thomasson
Drive, south and west of U.S. 41, north and west of the Wentworth PUD,
and east of the Naples Bay Intercoastal Waterway. The property is in
Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and
Section 19, Township 50 South, Range 26 East, Collier County, Florida,
consisting of2,4l6.08 acres. Companion to PUDZ-A-2004-AR-6l26 - Sabal
Bay PUD (Companion item to PUDZ-A-2004-AR-6126)
I. That the Board of County Commissioners adopts the attached resolution and
the related amendments (appropriating carry forward, transfers and
supplemental revenue) that amend the Fiscal Year 2004-05 adopted budget
in accordance with Section 129.06, Florida Statutes.
J. Recommendation to Adopt an Ordinance Amending the Code of Laws and
Ordinances of Collier County, Florida, Amending Chapter 14, Article II,
Which Regulates and Controls Animals within the Area of Collier County,
as Promulgated by Ordinance 93-56, as Amended; Amending Section 14-26,
Pertaining to Definitions; Amending Section 14-27, Pertaining to Penalties;
Amending Section 14-31, Pertaining to Enforcement; Providing for Conflict
and Severability, Inclusion in the Code of Laws and Ordinances and an
Effective Date.
K. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDEX-2005-AR-
7909 Lodge Abbott and Associates, LLC, represented by Richard D.
Page 20
October 25, 2005
.~.~._-'"
Yovanovich, of Goodlette, Coleman and Johnson, PA, is requesting a 2-year
extension of the Cocohatchee Bay PUD. The subject property, consisting of
532 acres, is located on the northwest comer of Wiggins Pass Road and
Vanderbilt Drive, in Sections 8, 16, 17, and 20, Township 48 South, Range
25 East, Collier County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 21
October 25, 2005
November 1,2005
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: The Board of County Commissioners'
meeting is now in order. Would you please stand for the invocation
by County Manager Jim Mudd.
MR. MUDD: Let us pray. Oh, Heavenly Father, we ask your
blessings on these proceedings and all who are gathered here. We ask
a special blessing on this Board of County Commissioners, guide them
in their deliberations, grant them the wisdom and vision to meet the
trials of this day and the days to come.
Please remember all those folks in Collier County and the State
of Florida that had damage, personal and in property because of
Hurricane Wilma, and that their recovery be quick and that they heal
in mind and heart.
Bless us now as we undertake the business of Collier County and
its citizens, that our actions will serve the greater good of all citizens
and be acceptable in your sight.
Your will be done, Amen.
CHAIRMAN COYLE: Thank you. Would you please remain
standing for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you.
Okay. We now go to the agenda. Mr. Mudd, do you have any
changes for us today?
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
MR. MUDD: Yes, sir. Agenda changes, the Board of County
Commissioners' meeting October 25th, 2005, meeting continued to
Page 2
November 1, 2005
November 1,2005.
Withdraw item 4A. This is a proclamation designating October
28,2005, as the Day of the Red Walk.
Withdraw item 4E, which is a proclamation designating October
26, 2005, as Dog's Night Out Day, at staffs request.
Item 4D continued to November 15, 2005, BCC meeting. It's a
proclamation designating Hurricane Katrina Relief Workers' Day.
Withdraw item 4F. It's a proclamation supporting citizens' ballot
initiative to amend the Constitution of Florida by adding a new section
to Article I, and that withdrawal was at Commissioner Henning's
request.
Add item 4B (sic), which is hurricane recovery briefing by Mr.
Dan Summers and Mr. Jim DeLony, and you probably have to hand
mark that into your -- it's 5B.
Item 6A. It's to continue to November 15, 2005, BCC meeting.
It's a public petition request by Jo Presi Brisson to discuss road paving
in Golden Gate Estates, and that's at the petitioner's request.
Item 6B. Continue to November 15,2005, BCC meeting. It's a
public petition request by Thomas Selck to discuss building permit
number 200508737 dash -- or comma, 3560 -- which is at 3560 21st
Avenue Southwest, and that was at the petitioner's request.
Next item is to add an item, 101, and that's a recommendation to
adopt a resolution approving the Hurricane Wilma work site
agreement providing federal funds under a national emergency grant
to cover the pre-screening costs, wages, and required safety equipment
for temporary workers due to the effects of Hurricane Wilma. That's
at staffs request.
Add item 10J. It's a resolution in support of Hurricane Wilma
relief and recovery operations. It's a recommendation to direct the
County Manager to suspend the enforcement of subsection 2.01.00.2,
2.03.07.J.3.A., 3.02.09.E. and section 4.02.22.C.l of the Collier
County Land Development Code, ordinance number 04-41 as
Page 3
November 1,2005
amended, relating to prohibition of the parking of travel and
recreational vehicles in the driveways of single-family residences due
to the extensive damage caused by Hurricane Wilma, and that's at
staff s request.
Add on item 10K. It's a resolution declaring a public interest and
necessity in removing debris caused by Hurricane Wilma on or
adjacent to public and private roads throughout the county and
authorizing such removal of debris by Collier County as part of its
emergency management efforts in accordance with chapter
252.38(3)(a)(5), of the Florida Statutes.
Collier County ordinance number 84-37, number 2001-45, and
ordinance 2002-50, codified in Section 38-56 through 38-70 in the
Collier County Code of Laws and Ordinances, and in accordance with
proclamation/resolution number 2005-367, declaring and extending a
state of emergency for all territory within the legal boundaries of
Collier County, as a result of extensive damage caused by Hurricane
Wilma. That's at staffs request.
Add on item 10L. It's a resolution in support of Hurricane Wilma
relief and recovery operations. It's a recommendation to direct the
county manager to expand the number of hours that construction
activities may occur under section 54-92( e )(2), the maximum
permissible sound levels of construction sounds, chapter 54, Code of
Laws and Ordinances of Collier County, Florida, by partially
suspending enforcement of section 54-92( e )(2), and allowing
construction activities to occur from 6:30 a.m. to 9:00 p.m. Monday
through Saturday, and 9:00 a.m. to 9:00 p.m. Sunday, with the
exception of Thanksgiving Day, through December 23, 2005.
Again, the exception is Thanksgiving Day and this period of time
would start now and go through December 23, 2005, and that's at
staff s request.
The next item is add item 10M, and that's a report to the board of
all emergency purchase orders issued under section 20 of the county's
Page 4
November 1,2005
purchasing policy in preparation for and in response to Hurricane
Wilma, and that's at staffs request.
Next item is add an item ION, which is emergency amendments
in support of Hurricane Wilma relief and recovery operations. It's a
recommendation to adopt a resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in the code of laws, section 2-11, and
that's at staffs request.
Next item is to withdraw item 16A21. That is a recommendation
to adopt a resolution amending the Collier County Administrative
Code Fee Schedule of development-related review and processing fees
as provided for in the code of laws, section 2-11, for the purpose of
relabeling the building variation data table, and that withdrawal is at
staffs request.
Next item is item 16D 1, which is to continue to the November
15, 2004 (sic) BCC meeting, and that's a recommendation to enter into
an agreement with the Collier County Child Advocacy Council to
provide supervised visitation services in Collier County.
Service will be reimbursed through a grant awarded by the
United States Department of Justice, Office of Violence Against
Women, in the amount of $125,000, and that continuance is at staffs
request.
Next item is to withdraw item 16H2, and that -- commissioner
requests approval for reimbursement for attending a function serving a
valid public purpose. Commissioner is requesting reimbursement for
attending the Bonita Springs Noon Rotary as a speaker on November
3, 2005, and that's withdrawn because I believe the commissioner is
no longer going to that event.
Next item is item 17G. It's a correction to the executive
summary under recommendation, third paragraph, last sentence should
read, the proposed deviation will be more compliant with current code
than, rather than the word that.
Page 5
November 1,2005
Also under recommendation in paragraph, deviation 6, first
sentence should read, and seeks to have two ground signs rather than
sings, and that was caught by Commissioner Fiala, and I thank her for
her diligence going through there and helping us out. And we'll have
that corrected when this comes back on the 15th of November.
You have three time certain items today.
Item lOB, it will be heard at 1 :00 p.m., right after item 12B, and
that's a recommendation that the board approve the plan specification
and cost estimates concerning the proposed proj ect to restore the lake
between 107th Avenue North and 108th Avenue North, together with
the tentative assessment roll and method of assessment; provide
advanced funding for the project; and provide for payment of this
special assessment.
The next time certain item is item 12A. This item to be heard at
12:00 noon. It's a recommendation that the Board of County
Commissioners, pursuant to section 286.011(8), Florida statutes, meet
in executive closed client -- closed attorney/client session on Tuesday,
October 25th, 2005, which was, again, extended until 1 November,
today, to discuss settlement negotiations and/or strategy related to
litigation expenditures in the case of Collier County versus United
Engineering Corporation, case number 04-3363-CA, pending in the
12th (sic) judicial circuit in and for Collier County, Florida.
Attending will be the Board of County Commissioners, County
Attorney David C. Weigel, Chief Assistant County Attorney Michael
Pettit, Paul Ullom, Esquire, and County Manager Jim Mudd.
Next time certain is item 12B. This item to be heard at 1 :00 p.m.,
and this is in open session. It is a recommendation that the Board of
County Commissioners give direction to outside counsel, Paul Ullom,
Esquire, of the law firm Carlton Fields, and the Office of the County
Attorney, requiring settlement negotiations or strategy related to the
litigation expenditures in the case of Collier County versus United
Engineering Corporation, and I've already stated the case number
Page 6
November 1, 2005
previously.
And number two, a recommendation that the Board of County
Commissioners also give direction concerning settlement or other
action in related disputed including without limitation to related
disputes with the engineering firm of Metcalf & Eddy.
And of note, item 7B requires that all participants be sworn in
and ex parte disclosure be provided by commission members.
Now, for the audience, I want you to take head of this particular
statement. The following items are continued to the meeting of
November 15th, 2005. The board took separate action last week that
by supermajority votes, that if there were any land use items on the
agenda that needed supermajority vote, they would be continued to the
15th of November to make sure that everybody had the opportunity to
speak on these particular items because of the hurricane.
All right. And now I'm going to go through those items that are
now continued to the 15th of November. If you're here to talk on any
of these particular items, these items will be discussed by the board on
15 November and not today.
The items that are continued to 15 November, 2005, are item 7 A,
7B, 7C, 8A, 8B, 8C, 17 A, 17B, 17E, 17G, 17H, or 17K.
Now, one other note -- and I'm done with reading the changes,
thank God. It's probably going to be longer than the meeting.
If there's any speakers that want to speak on an item that was
withdrawn, okay, that -- the chair will not be having those particular
items on the agenda. If you want to sign up under general comment,
you can. But if your item has been withdrawn, the board will not be
accepting your public comment on that item. We will just move over
that item and move to the next one.
That's all I have.
Mr. Weigel?
MR. WEIGEL: Thank you, Jim. Mr. Chairman and
Commissioners, just one note for the record, and that is, 8A, which is
Page 7
November 1, 2005
one of the items continued to the November 15th meeting, was to be
and is to be the reconsideration of the Sonoma Oaks PUD item.
As you know, this was heard before the board on October 11 th, a
motion to reconsider came forward, and it was advertised for the
October 25th meeting, which, along with the other items continued to
November 15th, were all continued to November 15th as this being
one of the supermajority vote items.
That action taken, as Jim indicated, at the prior meeting, special
meeting of the board, October 25th, at -- early in the morning. This
item provides under 2-42 the code of laws and ordinances, the
reconsideration ordinance, that it's to be heard within 30 days of the
motion having been made.
This continuance may technically bring it beyond the 30 days as
stated by the ordinance, but the board has taken an action in special
session related to the hurricane, and I wanted to go on the record today
to indicate that, as I've opined before in regard to extraordinary or
special meeting schedule circumstances relating to the reconsideration
ordinance, that this item shall be properly heard, and I have so opined,
at the November 15th meeting. I just want to put that on the record.
CHAIRMAN COYLE: Okay. Thank you.
Do we have any registered speakers for the summary agenda?
MS. FILSON: No, sir. I only had one for 4F who can speak
under public comment.
CHAIRMAN COYLE: Who will be speaking under public
comment?
MS. FILSON: I don't know, but Jim announced that they could
if they'd like.
CHAIRMAN COYLE: Okay. Apparently not, okay.
We'll have ex parte disclosure and any recommendations to have
a summary agenda item placed on the regular agenda from the other
commissioners. We'll start with Commissioner Halas.
COMMISSIONER HALAS: Good morning, ladies and
Page 8
November 1,2005
gentlemen of the commission. I do not have any ex parte and I do not
have any changes on today's agenda.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Likewise here, no changes to
the agenda and nothing to declare.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: No changes and no ex parte.
CHAIRMAN COYLE: Okay. Thank you very much. Was --
I 7 A was continued, wasn't it?
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Okay. Then in that case, I have nothing
to declare with respect to the summary agenda because all the items
that I was going to declare on have been scheduled for the next
meeting.
Is there a motion to approve the agenda as amended?
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Motion to -- oh, second.
CHAIRMAN COYLE: Motion by Commissioner Halas to
approve, Commissioner Fiala, second.
Any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
Page 9
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
October 25. 2005 Meetina Continued to November 1. 2005
Withdraw Item 4A: Proclamation designating October 28, 2005 as The Day of the
Red Walk.
Withdraw Item 4E: Proclamation designating October 26, 2005 as Dogs Night Out
Day. (Staff's request.)
Item 4D continued to the November 15. 2005 BCC meetina: Proclamation
designating Hurricane Katrina Relief Workers' Day.
Withdraw Item 4F: Proclamation supporting citizens' ballot initiative to amend the
Constitution of Florida by adding a new section to Article 1. (Commissioner
Henning's request.)
Add On 5B: Hurricane Recovery Briefing. (Dan Summers and Jim Delony.)
Item 6A: Continue to November 15. 2005 BCC meetina: Public Petition request by
Jo Presi Brisson to discuss road paving in Golden Gate Estates. (Petitioner's
request.)
Item 6B: Continue to November 15. 2005 BCC meetina: Public Petition request
by Thomas Selck to discuss Building Permit No. 2005080737, 3560 21st Avenue
SW. (Petitioner's request)
Add On Item 101: Recommendation to adopt a resolution approving the Hurricane
Wilma Worksite Agreement providing Federal funds under a National Emergency
Grant to cover the pre-screening costs, wages and required safety equipment for
temporary workers due to the effects of Hurricane Wilma. (Staff's request.)
Add On Item 10J: Resolution in support of Hurricane Wilma relief and recovery
operations: Recommendation to direct the County Manager to suspend the
enforcement of subsections 2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, AND 4.02.22.C.1 of
the Collier County land Development Code (Ordinance Number 04-41, as
amended) relating to the prohibition of the parking of travel/recreational vehicles
in the driveways of single family residences due to the extensive damage caused
by Hurricane Wilma. (Staff's request.)
Add on Item 10K: Resolution declaring a public interest and necessity in
removing debris caused by Hurricane Wilma on or adjacent to public and private
roads throughout the County and authorizing such removal of debris by Collier
County as part of its emergency management efforts in accordance with Chapter
252.38 (3)(a)(5), Fla. Stat., Collier County Ordinance Nos. 84-37, 2001-45 and 2002-
50 (codified in Sections 38-56 through 38-70 in the Collier County Code of laws
and Ordinances) and in accordance with Proclamation/Resolution No. 2005-367
declaring and extending a State of Emergency for all territory within the legal
boundaries of Collier County, as a result of extensive damage caused by
Hurricane Wilma. (Staff's request.)
Add on Item 10L: Resolution in support of Hurricane Wilma relief and recovery
operations: Recommendation to direct the County Manager to expand the number
of hours that construction activities may occur under Section 54-92(e)(2),
Maximum Permissible Sound Levels of Construction Sounds, Chapter 54, Code of
Laws and Ordinances of Collier County, Florida by partially suspending
enforcement of Section 54-92(e)(2) and allowing construction activities to occur
from 6:30 a.m. to 9:00 p.m. Monday through Saturday and 9:00 a.m. to 9:00 p.m.
Sunday, with the exception of Thanksgiving Day, through December 23, 2005.
(Staff's request.)
Add Item 10M: Report to the Board of all emergency purchase orders issued
under Section XX of the County's Purchasing Policy in preparation for and in
response to Hurricane Wilma. (Staff's request.)
Add on Item 10N: Emergency amendments in support of Hurricane Wilma relief
and recovery operations: Recommendation to adopt a Resolution amending the
Collier County Administrative Code Fee Schedule of development-related review
and processing fees as provided for in Code of Laws Section 2-11. (Staff's
request.)
Withdraw Item 16A21: Recommendation to adopt a Resolution amending the
Collier County Administrative Code Fee Schedule of development-related review
and processing fees as provided for in the Code of Laws Section 2-11, for the
purpose of re-Iabeling the Building Valuation Data Table. (Staff's request.)
Item 16D1 - Continue to the November 15. 2005 BCC meetina: Recommendation
to enter into an agreement with Collier County Child Advocacy Council to provide
supervised visitation services in Collier County. Services will be reimbursed
through a grant awarded by the United States Department of Justice, Office on
Violence Against Women in the amount of $125,000. (Staff's request.)
Withdraw Item 16H2: Commissioner requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner is requesting
reimbursement for attending the Bonita Springs Noon Rotary as a speaker on
November 3, 2005 and is requesting reimbursement in the amount of $14.00, to be
paid from his travel budget. (Commissioner Coletta's request.)
Item 17G: Correction to the executive summary under Recommendation, third
paragraph, last sentence should read". . . . the proposed deviation will be more
compliant with current code "than" (rather than "that") . . . . Also under
Recommendation in paragraph "Deviation 6", first sentence should read" . . . and
seeks to have two ground signs (rather than "sings") . .. (Commissioner Fiala's
request.)
Time Certain Items:
Item 10B: This item to be heard at 1 :00 p.m., and after Item 12B.
Recommendation that the Board approve the plans, specifications, and cost
estimates concerning the proposed project to restore the lake between 107th
Avenue North and 10ath Avenue North, together with the tentative assessment roll
and methods of assessment; provide advance funding for the project; and provide
for payment of the special assessment.
Item 12A: This item to be heard at 12:00 noon. Recommendation that the
Board of County Commissioners, pursuant to Section 286.011 (8), Fla. Stat., meet
in executive (closed attorney-client) session on Tuesday, October 25, 2005, to
discuss settlement negotiations and/or strategy related to litigation expenditures
in the case of Collier County v. United Engineering Corporation, Case No. 04-3363-
CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida.
Attending: Board of County Commissioners; County Attorney David C. Weigel;
Chief Assistant County Attorney Michael W. Pettit; Paul Ullom, Esq.; County
Manager James V. Mudd.
Item 12B: This item to be heard at 1 :00 p.m. and in Open Session.
Recommendation that the Board of County Commissioners (1) give direction to
outside counsel, Paul Ullom, Esq., of the law firm Carlton Fields, and the Office of
the County Attorney regarding settlement negotiations and/or strategy related to
litigation expenditures in the case of Collier County v. United Engineering
Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in
and for Collier County, Naples, Florida, and (2) recommendation that the Board of
County Commissioners also give direction concerning settlement or other action
in related disputes including without limitation to related disputes with the
engineering firm of Metcalf & Eddy.
NOTE:
Item 7B: Requires that all participants be sworn in and Ex Parte disclosure be
provided by Commission members.
The followina items are continued to the meetina of November 15. 2005:
Items 7 A, 7B, 7C, 8A, 8B, 8C, 17 A, 17B, 17E, 17G, 17H, 17K
November 1,2005
Item #2B, #2C, #2D, #2E
MINUTES OF THE SEPTEMBER 22, 2005 - BCC/BUDGET
HEARINGS; MINUTES OF THE SEPTEMBER 23, 2005 - VALUE
ADJUSTMENT BOARD MEETING; MEETING OF THE
SEPTEMBER 27, 2005 - BCC/ REGULAR MEETING AND THE
OCTOBER 3,2005 - BCC/PRE-2006 LEGISLATIVE WORKSHOP
- APPROVED AS PRESENTED
CHAIRMAN COYLE: It is unanimous. Thank you very much.
Now, with respect to minutes of the September 22, 2005, BCC/budget
hearings; the September 23, 2005, Value Adjustment Board meeting;
September 27, 2005, BCC regular meeting; and the October 3, 2005,
BCC/pre-2006 legislative workshop.
Is there a motion to approve those minutes?
COMMISSIONER HALAS: Move for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas to
approve, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #3
SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS) - PRESENTED
Page 10
._..,·"_..·,,"···..··"·".MO_._·"..~,_..~
November 1,2005
Now that brings us to service awards for our employees.
MR. MUDD: Yes, sir. You want to take it down here?
CHAIRMAN COYLE: Yeah. Let's do it down there.
MR. MUDD: As the commissioners are moving down -- and I'm
just going to do a little attendance real quick, because folks are trying
to get around today.
Is Kyle Lukask here?
(No response.)
MR. MUDD: How about Kathy Carpenter?
(No response.)
MR. MUDD: That will make it a little bit quicker. And we'll
reschedule those particular employees at a later date.
Commissioner, service awards. We'll start with the 20-year
attendees. The first is Jorge Aguilera from the Bureau of Emergency
Services, and this is a 20-year awardee.
(Applause.)
COMMISSIONER FIALA: Thank you for all your dedicated
work, Jorge.
COMMISSIONER HALAS: Jorge, thank you.
MR.OCHS: Jorge, congratulations.
MR. MUDD: Congratulations.
MR. AGUILERA: Where do I stand?
CHAIRMAN COYLE: Stand right here.
MR. MUDD: Thank you, Jorge.
The next 20-year awardee is Alice Toppe from risk management.
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you.
COMMISSIONER FIALA: Thanks for all your dedicated work.
MS. TOPPE: You're very welcome.
COMMISSIONER HALAS: Thank you very much for your
kind service.
Page 11
_,_,,··_,·"·,""·_,~__,.,o__ __·H__"<"_^~~.
November 1,2005
CHAIRMAN COYLE: Stand here for a picture.
MR. MUDD: Alice. Thanks a lot, Alice.
Mr. Ochs' comment to Alice was, you've come a long way from
the double wide trailer that you used to operate out of, okay, at one
time.
The next awardee is a 25-year awardee, and that's for Rhonda
Tibbetts from purchasing.
(Applause.)
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER HALAS: Rhonda, thank you so much.
COMMISSIONER COLETTA: Appreciate it.
MR. MUDD: Commissioner, that's our last awardee. Kyle is --
Kyle, did you --
CHAIRMAN COYLE: Nope.
MR. MUDD: Nope, no Kyle. We'll reschedule it, sir.
CHAIRMAN COYLE: I'll leave it here. You can pick it up
later.
MR. MUDD: That's it for today.
Item #4B
THIS ITEM CONTINUED FROM THE OCTOBER 11, 2005 BCC
MEETING - PROCLAMATION DESIGNATING OCTOBER 25,
2005, MR. JAMES ROZZI DAY - ADOPTED
Commissioner, that brings us to proclamations, and the first
proclamation is 4B.
CHAIRMAN COYLE: Okay. And I'm going to present that
one.
MR. MUDD: You're going to have to help me here, because Sue
was changing dates as we spoke yesterday, and I don't have the new
dates yet, so --
Page 12
November 1,2005
CHAIRMAN COYLE: Okay. You mean as far as--
MR. MUDD: What the date of the proclamation is. And this __
and this presentation is to Mr. James Rozzi for Mr. James Rozzi Day.
CHAIRMAN COYLE: Okay. And I believe that Ron
Pennington is going to accept this proclamation on Mr. Rozzi's behalf.
Mr. Rozzi could not be with us, but I will -- Ron, why don't you come
on up here and face the audience, and I'll read the proclamation and
present it to you, okay?
MR. PENNINGTON: Thank you.
CHAIRMAN COYLE: Whereas, on September 30, 2004, and
July 28, 2005, Collier County was visited by three representatives
from the Federal Department of Environmental Protection; and,
Whereas, the FDEP visit was related to our Collier County City
of Naples beach renourishment project with major concern for the
potential damage to our environmentally sensitive biological sea life
along our beaches; and,
Whereas, FDEP's objective was to dive over the offshore areas to
observe current conditions and provide oversight for the biological
monitoring surveys being conducted by our consultants; and,
Whereas, FDEP divers, along with our consultants, conducted
many dives on each of these events; and,
Whereas, on both visits, their successful missions were primarily
a result of the direct contribution of Mr. James Rozzi; and,
Whereas, Mr. Rozzi volunteered his boat, diving facilities, and
personal diving expertise to benefit Collier County and the FDEP.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that November the 1st,
2005, be designated as Mr. James Rozzi Day.
Done and ordered this 1st day of November, 2005, Board of
County Commissioners, Collier County, Florida, Fred Coyle,
Chairman.
And it is with great pride that I present this to Mr. Ron
Page 13
,~~._,____.__u_.,."~,_",..,.____,,"___
November 1, 2005
Pennington. And Mr. Pennington, if you will hold these, we'll take a
picture of you, and you can autograph it for Mr. Rozzi.
MR. PENNINGTON: Great. And if I may, I've got a couple
words.
CHAIRMAN COYLE: Certainly.
(Applause.)
MR. PENNINGTON: Mr. Rozzi is unable to be here today. He's
still out of town awaiting restoration of power to his home, but we've
been communicating via e-mail.
And he did ask to please inform the appropriate persons that I
thank them for their kind thoughts and praise. I accept the accolade
with pleasure and humbleness.
And I also wish to thank all persons with the city, county, and
state level. I believe their efforts to restore normalcy are exemplary.
So thank you very much, and we appreciate it. And we certainly,
from the Coastal Advisory Committee, appreciate all the assistance
from Mr. Rozzi.
CHAIRMAN COYLE: Thank you very much, Mr. Pennington.
And we'll need to take that plaque back. We gave you the wrong
plaque.
MR. PENNINGTON: Okay. Oh, well. That's all right. We'll
get there.
CHAIRMAN COYLE: Okay. Thanks a lot.
MR. PENNINGTON: Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING NOVEMBER 2005, AS
COLLIER COUNTY ADOPTION MONTH - ADOPTED
MR. MUDD: Commissioner, the next proclamation is 4C, and
Page 14
November 1, 2005
that's a proclamation designating November, 2005, as the Collier
County Adoption Month. To be accepted by Terry Iamuri, president
of -- and it might be Iamuri --
COMMISSIONER FIALA: Iamuri.
MR. MUDD: Iamuri, okay -- president of the Adoption Task
Force of Southwest Florida, Inc.; Deborah Allen, Secretary of the
Adoption Task Force of Southwest Florida, Inc.; Jim Allen, board
member of the Adoption Task Force of Southwest Florida, Inc.; and
Dustin Allen, son of Deborah and Jim Allen.
COMMISSIONER FIALA: I'm so happy I have the pleasure of
doing this again this year. Thank you.
Proclamation: Whereas, every child has the right to grow in a
secure, loving family and adoption is a positive way to build a family;
and,
Whereas, the Adoption Task Force of Southwest Florida is a
collaborative effort of community agencies and individuals to create
and increase awareness of adoption; and,
Whereas, the Adoption Task Force of Southwest Florida,
Incorporated's purpose is to provide resources and education on the
various aspects of adoption and promote positive attitudes towards
adoption; and,
Whereas, adoption brings untold benefits to Collier County
residents that are affected by the adoption process. This includes
benefits to birth parents, adoptive parents, and the children placed in
adoptative homes, as well as their extended families; and,
Whereas, crisis pregnancy is a problem in Collier County, and
adoption is a positive option that is not always considered due to a
lack of awareness in education.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of
November, 2005, be designated as Collier County Adoption Month.
And in honor of this event, we encourage citizens, community
Page 15
_^''''·'·_______"_'._,·_.__..,,o__...
November 1,2005
agencies, religious organizations, businesses and others, to celebrate
adoption and honor the families that grow through adoption.
Done and ordered this 1 st day of November, 2005, Board of
County Commissioners, Collier County, Florida, Fred Coyle,
Chairman.
And Mr. Chairman, I make a motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. A motion to approve by
Commissioner Fiala, a second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously. Thank you very
much.
(Applause.)
MS. IAMURI: We're so happy Dustin comes to join us each
year.
MR. MUDD: Can we get a picture?
CHAIRMAN COYLE: Did you -- did anyone want to say a few
words?
MS. IAMURI: I would like to. I'm Terry Iamuri. Thank you,
Donna Fiala, for -- or Commissioner Fiala for that name. It's hard
with those double vowels.
On behalf of the adoption task force, I did want to let you know
we do provide services to the public from every aspect. We have a
resource list we try to get out to all the agencies that would be able to
use it.
Our contact number is 403-5893. Thank you, again, for letting us
have this moment in front of the commission and the county to bring
awareness to adoption.
Page 16
November 1,2005
CHAIRMAN COYLE: Thank you.
COMMISSIONER FIALA: Thank you for bringing so many
other people into a happy, healthy family.
MS. IAMURI: Thank you.
MR. MUDD: Commissioner, before we go to the next item, I
had a momentary lapse. At the start of the meeting, the
commissioners were supposed to give me their list of top 10 folks for
item 9 A, which is the Southwest Florida Expressway Authority. I've
received lists from Commissioner Halas and Commissioner Fiala.
Commissioner Coyle, Commissioner Coletta, if you have those lists,
I'd like to pick them up now so I can get them on a sheet and have
them back here in time for your meeting.
CHAIRMAN COYLE: I have -- I could not find 10 people on
the list that I thought were qualified, but I'll give you my list such as it
IS.
COMMISSIONER COLETTA: I have it numbered out right on
here.
CHAIRMAN COYLE: You can put my name on that list so you
know who it is.
COMMISSIONER COLETTA: Let me put mine on there.
CHAIRMAN COYLE: I had trouble after five or six.
COMMISSIONER FIALA: The first four were easy.
Item #5A
RECOGNIZING FRANK INZANO, ENGINEERING INSPECTOR,
PUBLIC UTILITIES DIVISION, AS EMPLOYEE OF THE MONTH
FOR OCTOBER 2005
MR. MUDD: Commissioner, that brings us to item 5A which is
presentations, and that is a recommendation to recognize Frank Inzano
from -- who's an engineering inspector for public utilities division, as
Page 1 7
November 1,2005
the Employee of the Month for October 2005. And if Frank could
come forward, please.
Frank Inzano is always eager to help in difficult situations and
has proved it many times.
Frank, you've got to come forward and face everybody out there,
okay, and you need to smile, okay?
A good example concerning problems that were encountered
with the North County Water Reclamation Facility's load control
center on March 1,2005.
This system is a result of an agreement between the county and
the Florida Power and Light Company, FPL. The agreement
mandates that the county switch from regular electricity power to load
control in exchange for the most favorable electrical rates. Failure of
this system could result in potential fines to the county exceeding
$110,000.
When FPL recognized that the load control center had failed, it
notified the North County Reclamation Facility personnel. Frank
Inzano, Engineering Inspector for public utilities engineering
department rose to the occasion.
The repairs were made, however, Frank explained to the FPL
representative that the county was not at fault, and after negotiations,
FPL agreed with Frank's observation and waived all associated fines
that amounted to $110,000. Not only is he smiling, but he's very
persuaSIve.
Another example of Frank's dedication involved an incident at
the current North County Water Reclamation Facility expansion
project during excavation of earthwork to install a large pipeline. The
contractor encountered unforeseen electrical duct problems that could
have potential set back -- could have potentially set back the schedule
of the project five to six months.
The result of the delay would cost the county -- would cost the
county fines totaling $10,000 per day under the Florida Department of
Page 18
November 1,2005
Environmental Protection Agency's Consent Order that specified a
time certain completion date.
Realizing the impact of this event, the project manager
immediately contracted (sic) Frank to assist with a resolution. To
solve the problem, FPL had to make significant changes.
The proj ect manager expedited the necessary up-front work and
Frank coordinated the necessary work with FPL. As a result of his
negotiations, the repairs were made in record time and the county
escaped the potential $10,OOO-a-day fine.
These are but two examples of Frank's dedication and
commitment to excellence. He is a great team player and an
outstanding asset to Collier County.
Ladies and gentlemen, I'd like to present to you the Employee of
the Month for October 2005, Frank Inzano.
(Applause.)
COMMISSIONER FIALA: Wow, really impressive. Can I
shake your hand?
CHAIRMAN COYLE: Here's a plaque, and the most important
thing is the check. Now, where is Frank's parking permit?
MR. MUDD: Frank doesn't get one of that. That's your volunteer
and your other thing.
CHAIRMAN COYLE: Well, I distinctly heard Commissioner
Coletta say he would gladly sacrifice his parking space to the
Employee of the Month every month.
COMMISSIONER COLETTA: What you heard IS that I
volunteered your spot.
MR. MUDD: I'll find Frank a place to park, sir.
CHAIRMAN COYLE: Okay, good.
COMMISSIONER COLETTA: Frank, good to see you.
CHAIRMAN COYLE: There should be an Employee of the
Month designated space.
MR. MUDD: We'll work on it, sir.
Page 19
November 1, 2005
CHAIRMAN COYLE: Okay.
MR. MUDD: No, but Frank works over by that new garage.
He's got covered parking.
CHAIRMAN COYLE: Oh, in that case.
COMMISSIONER FIALA: Then we'll take his spot.
Item #5B
HURRICANE RECOVERY BRIEFING (DAN SUMMERS AND
JIM DELONY)
MR. MUDD: Commissioner, that brings us to our next item
which is -- which was on your change sheet, and that is item 5B,
which is Hurricane Wilma recovery update by Mr. Dan Summers,
your Director of the Bureau of Emergency Management, and by Mr.
Jim DeLony, your Public Utilities Administrator.
And Dan's going to talk about the update overall, and Mr.
DeLony's going to talk about debris removal, I hope.
MR. SUMMERS: Commissioners, good mornIng. Dan
Summers, Director of the Bureau of Emergency Services, your
Emergency Management Director of Record.
Give you a little update. If there's any light at the end of the
tunnel, I can report there's only 29 days of hurricane season left. So
hopefully we're making good progress through putting this year
behind us.
Let me give you a little brief operational overview, if I could, this
morning, and let's first of all talk about what is job one, and that is the
victims of Hurricane Wilma.
We continue to march on our transition from emergency relief
efforts to voluntary human services organizations, as well as other
human service programming. That transition is somewhat gradual, as
these organizations come forth, provide the relief services, and as we
Page 20
November 1,2005
begin to get folks back to work and begin to find suitable housing.
Many of the organizations that are on the ground include the
American Red Cross; the Salvation Army; the Baptist Men's Feeding
-- the Baptist Men's Feeding Organization. They're in partnership
with the American Red Cross; United Methodist, we know, is on the
ground; the Latter-Day Saints has been on the ground in a very
intensive effort in Immokalee; Catholic Social Ministries is on the
ground. There are other organizations I have missed, but these are
some of the large ones, as well as the coalition and interagency
working groups in Immokalee.
Shelters of last resort were opened yesterday in terms of a
precautionary shelter arrangement in the event that folks could not
fine suitable short-term, temporary housing. We had the Immokalee
Sports Complex that had supplies and equipment, to include staffing
from the American Red Cross, as well as our own parks department.
We also provided shelter of last resort at the Golden Gate
Recreation Center. That, too, staffed by American Red Cross --
pardon me, American Red Cross and our parks department.
We also had cots and blankets available last night at the Ochopee
Fire Department and Everglades City should those individuals not find
anything that was suitable for last night.
Based on the assessment I have this morning, no one in Collier
County took advantage of those three facilities last night. As you
know, we're concerned about the weather forecast with some
anticipated rain.
The emergency operations center meets at 10 o'clock today, and
we'll reevaluate those needs for today as well. But the good news is
that we were well postured for any short-term emergent refuge needs
for last night.
Through the governor, the Emergency Food Stamp Program
hopes to roll out today. That may be an outdoor operation, so we'll
see how that goes with today's pending weather forecast. We had
Page 21
November 1,2005
made prior arrangements with WalMart on 951. We actually have a
disaster ground lease in that parking lot. The food stamps folks like
that site, and we hope that they will be set up today with their
Emergency Food Stamp Program. If it doesn't make it at that
particular site, we will announce another location, again, weather
pending.
I don't have any information yet on any client assistance cards or
voucher programs from the American Red Cross. We do know they
have representatives on the ground at Everglades City and Ochopee, in
particular, and we are in the process of setting up a number of disaster
assistance centers where individuals can go and register and discuss
their needs with the appropriate agency for continuing assistance.
There are no boil water notices for the unincorporated area of
Collier County, and I want to stress, no boil water ordinances -- I'm
sorry, no boil water orders, notices, thank you, for the unincorporated
areas of Collier County, including those served by Everglades City.
If you have heard some boil water notices, they are probably for
a specific meter only, not for the system in general and those
individuals through their utilities companies have been made aware.
I was briefed by Florida Power and Light this morning. They
have a total outage right now in Collier County -- I'm sorry, of Naples,
of 1,169 customers within the City of Naples, 1,169. In
unincorporated Collier County, they have 6,131 services out. Their
estimated time to completion still is November 3rd. They backed that
up actually seven days yesterday, so November 3rd is their date of
completion.
The areas affected that still have scattered outages include Port
Royal, South Naples, Henderson Creek, South Belle Meade, North
Naples, and Golden Gate. So they're moving out very well.
Lee Co-op's numbers, the last that we heard, were somewhere in
the 1,100 to 1,500 range in Immokalee. They were making great
progress as they continue, so we'll get a better update from them later
Page 22
".._----
November 1,2005
throughout the day.
Temporary housing continues to be a challenge at the state and
federal level. I will tell you that we learned yesterday that FEMA still
plans -- right now is working on a housing mission as a result of
Hurricane Katrina in around 40,000 temporary units, 40,000. They
can be travel trailers or mobile homes have been committed. So you
could imagine what a drain of 40,000 temporary housing units is
doing on the system.
I don't have any confirmation today from FEMA on how they
plan to exercise this temporary housing mission, whether they're going
to try to wait on mobile homes and travel trailers to be produced to
meet that need in Florida for Wilma, whether they are going to try to
command or purchase what is available in the retail sector as opposed
to their specific site built type projects. We just don't know yet.
We have cut all the red tape, in my opinion, to support FEMA in
the temporary housing mode by identifying sites, assisting them
expediting any permit issues, if any, to help work on that, but that is a
state and federal mission, typically tasked out by the Corps of
Engineers and their contractors. Again, I hope to have a briefing on
that later this afternoon to find out where the state is.
I know that the assessment on the east coast in terms of number
of housing units remains a phenomenal number as a result of that very
intensive storm crossing the state. I know that our numbers for power
restoration and system recovery far exceed what's going on in
Broward and West Palm Beach right now. So, again, they have taken
a substantial hit.
I want to remind everyone once again that we have the blue roof
program. We also -- but we have changed the terminology to match
the phone number, and that is if you need assistance with tarp, FEMA
and its Corps of Engineers partners require you to sign a right of entry
agreement that allows the contractor to come on your property, and
very quickly they come to your site and put a tarp over your roof and
Page 23
November 1,2005
move on. That's all they do is just secure that roof, assuming it's
structurally sound. They have some restrictions on that.
It's important that if you need that program that you dial
1-888-ROOFBLU. That's 1-888-ROOFBLU. And also, you know,
you can do -- you can go to FEMA. gov on line and sign up for that
program or go to one of our many advertised sites and register and
sign that right of entry agreement.
We're expanding the sites today. We'll advertise that as where
it's most convenient for folks to go in various neighborhood centers
and sign those forms for relief.
It's important that everyone register with FEMA disaster
assistance, the 1-800-621- FEMA, regardless of your need, because
FEMA wants to have a good ground capture of information so that
they can help local governments in short-term and long-term needs
and short- and long-term disaster recovery and mitigation programs.
So regardless of your extent of need, we would appreciate you
registering with FEMA so that they can, again, have a better picture as
to the entire situation within the county. That may mean future dollars
for Collier County in emergency planning and mitigation efforts for
the future. So we encourage everyone to do that.
Today's operational goals, all of the agencies and partners will
meet in the emergency operations center at 10:00 a.m. A goal today is
to make sure that we've got continuity in our operations. We have a
very down-sized EOC today, but most of the work is going back to
everybody's respective desktops. So they're still working on disaster,
but just, they're not physically present in the EOC.
So our goal is to ensure that we have an operational continuity
today, that we're addressing the problems and plans that we had set
forth yesterday and the days before, to make sure that we're making
appropriate referrals to those disaster victims and get them plugged in
to various resources that are available within the community.
We have a large number of assets that we've both borrowed and
Page 24
November 1,2005
rented for the storms, so we want to make sure we get those goods and
materials recovered.
We will monitor weather conditions very carefully through the
week. As you know, all of our infrastructure is a little bit -- still in the
process of being stabilized and trying to bring back some enhanced
reliability to our system, so we'll watch weather very carefully and
make sure that we're poised to respond to any additional outages or
any additional challenges that Mother Nature might bring our way this
week. Fortunately, the forecast looks like one we can weather pretty
well.
Accidents and injury. EMS has just now started to see a slight
return to their very, very busy schedule, very, very busy call demand,
so we want to stress concerns to reduce accidents and morbidity in the
community and remind everyone, please slow down just a little bit.
There's lots of infrastructure to repair, lots of traffic lights.
Remember we've got school zones back in place. Pace
yourselves on the chain saw operations and those things. You've got
time now, and the weather's cooled off a little bit, so let's all pace
ourselves and safely get through this.
We'll continue to address sanitation at some of the emergency
feeding sites working a lot of garbage that we've got -- a lot of systems
that we have in place for at the feeding sites to make sure all that
waste and sanitation is addressed. We've got great teamwork going on
on that.
I understand that Lieutenant Governor Jennings is going to be in
the area today. Her office is not coordinated with the EOC, so we
have not been tasked to assist her in her visit in any way. I don't know
if she's going -- I understand she may be going to Immokalee and
Ochopee today, and she's not made any resource request from us in
that visit.
And before I address your questions, let me just tell you that my
voice is hoarse. Everybody's running a little bit closer on fumes today,
Page 25
".,....,.~".,,_.
November 1,2005
but everybody has a great deal of job satisfaction for a job well done.
We don't mind the hard work. That's what we're here for, but we're
going to have an extended presence in the EM offices, 7:00 a.m. to
7:00 p.m. -- I'm sorry, 7:00 a.m. to 6:00 p.m. We'll be scheduling our
staff accordingly so they -- some of them have damages to their
homes, so we're going to try to spell them a little bit so they can
address their needs.
But we have a continued presence, a continued operation. There
is no sunset in sight for the EOC in terms of the issues that we'll be
working on, but I will tell you that we're making good progress in all
areas, and I'll also tell you how much I appreciate the teamwork of
Collier County, the municipalities, the volunteer agencies that worked
with us.
And I'll tell you what, just a darn great bunch of citizens in
Collier County that stepped up to the plate to help us, to help their
neighbor, and it's amazing. In my opinion some days if we could do
regular business as well as we do disaster business, we'd all be in
super shape.
But I'm very proud to have been here and very proud to have
worked through this event and continue to work on it.
So I'll stop and see if you have any questions.
CHAIRMAN COYLE: Thank you, Dan.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. First off, Mr. Summers, I
want to commend you and your staff. If it wasn't for your leadership, I
don't think we would be in the favorable position we are today.
As you know, I've been involved with emergency management
issues for many more years than I've been a commissioner, and I've
done a lot of research. But it's unprecedented to come out of a storm
of this magnitude and have so little, next to zero, complaints our there
on the part of citizenry as far as the action of our county employees go
and, of course, your team. It's just a wonderful thing we've been able
Page 26
November 1,2005
to do.
And I do have some things I'd like to cover with you, if I may.
As far as the lack of the use of emergency shelters at this point in time,
I hope that people don't think that's an indication that there isn't a real
need out there. There is a tremendous need.
The citizens of this county have done the unusual. They've
opened their hearts and their homes, and they've reassimilated a
number of people from these shelters who are homeless into their own
homes. Now, I know that we're going to have a problem obtaining
these FEMA trailers in the short run. Meanwhile, I understand that
FEMA does have some programs where they'll put people up in rental
units in different places and cover the cost on that; is that correct?
MR. SUMMERS: Sir, the disaster assistance center is when
individuals come in and make application. There are a number of
programs that FEMA has that are, again, somewhat income
dependent, obviously. They'll be working on that. But as you know,
we have just general housing challenges in that rental market so that it
will be tough for them.
We continue to push out the need for the temporary housing
program. So no doubt in my mind that they will address that need,
that a lot of those things will come forth. Those individual assistance
grant programs should be those -- that is a -- it's a process that goes
very quickly in terms of providing some type of financial assistance
for rental. I know it's moving, I just don't have numbers yet.
COMMISSIONER COLETTA: No, that's okay, sir. I'm sure it is
moving forward. I just want the public out there to know that there's
other alternatives to the trailers.
MR. SUMMERS: That is correct.
COMMISSIONER COLETTA: But speaking of trailers, there's
question for two parts of the community. One, Immokalee Fire
Department is awaiting some deliveries of office units to replace the
fire station that was severely damaged. And, of course, down in
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November 1,2005
Everglades City the city hall is no longer habitable. It's been
condemned. And they're looking for a couple units, two, to be able to
operate city hall functions out of. Do you have any update on that?
MR. SUMMERS: I do, sir. That is -- the Everglades City as a
municipal unit will -- they will be responsible for their own
contracting for that. But we did identify a vendor and a source for
them. They are -- they are in a -- they have floor plans that have been
faxed to them.
It would be incumbent upon the city as a governmental unit to
make the arrangements with the vendor and have it there, bring it on
site and coordinate that. And of course, that's a FEMA-eligible
reimbursement for that rental. So it's just up to the city to make that
financial arrangement. That is not done through our governmental
unit, can't do it through our governmental unit. It has to go through
the Everglades City governmental unit for that contractual relationship
in order for their reimbursement to take place.
COMMISSIONER COLETTA: And I'm sure the county
manager will assist. Right now Everglades City government consists
of one or two people trying to pick up the pieces without phones,
without computers, using their own personal cell phones to try to
conduct business. So we are going to have to rely on some of the
resources of our county government just to be able to keep this
flowing forward. The other thing --
MR. MUDD: Commissioner, if I may interject. Those trailers
were identified on Friday. All Sammy has to say is he's paying for the
trailers and they'll be there in two days. So far we haven't got a
decision by him to work that particular issue as far as the trailers are
concerned.
COMMISSIONER COLETTA: And that generally is nothing
more than putting up the money now and getting FEMA
reimbursement later?
MR. MUDD: Yep.
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November 1,2005
COMMISSIONER COLETTA: Okay. I'll talk to him about
moving that along.
There is a need though -- and I'm going to put this out to -- I don't
know if it's so much you, Dan Summers, but to the non-profits out
there. We have a situation in Copeland (sic) which is about the end of
the food chain, you might say. It's pretty desperate.
As you mayor may not know, Copeland is a community that
consists of a lot of substandard trailers that was decimated by the
hurricane. It suffered tremendous losses. A lot of full-time residents
there are homeless and doubled up with other families within the
community.
There is a need there for such things as diapers, sanitary napkins,
handy wipes, formula, toiletry items, shampoos, soap, or whatever.
Anyone that can help out with these particular items, if they would
take them to the Church of God in Copeland -- or no, excuse me,
correction. Copeland has got it together for the moment. I'm talking
about Chocoloskee.
Please, Chocoloskee needs the help. The Church of God in
Chocoloskee, if they could deliver the items there, it would be of
immense help to the residents that are still there and trying to make do
with what they have.
And the other thing is at 10 o'clock we have -- you have that
meeting down there in your operations center. I hope that our chair
will let us take a brief break so that we could attend that meeting. I'm
very interested in what takes place there.
MR. SUMMERS: Very good. The Immokalee Fire, sir, I failed
to respond to that question. And the Immokalee Fire, I had actually a
FEMA rep. on site. They were doing well. They've made provisions
for those trailers.
I do know that the trailers have been identified and are inbound.
I don't know exactly what time they will be set, but we may __
between our mutual aid agreements, Lee County Firefighters
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November 1,2005
Association helped out, gave those guys some relief. Hot meals were
brought in there, we got some extra supplies and equipment in there.
I'll reassess that today, but I do know that those arrangements are
being made.
COMMISSIONER COLETTA: And one last note, the Golden
Gate Estates Civic Association has a disaster fund for residents who
live in Golden Gate Estates that are in need of assistance. They're
going to be looking for donations to that fund, plus they want to
identify needy families out there that have suffered from this
hurricane. They could use some financial help.
And to that end, if they call my office, we'll be glad to assist
them to get to the right people. And my number is 774-8391.
MR. SUMMERS: Thank you.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes, Dan, I take it that Isles of
Capri's grid system has been reestablished?
MR. SUMMERS: That is correct. They got power early. FPL
was able to work out an alternate feed arrangement there. So I
understand there was a cookout, as a power on cookout, was done the
other night. So things are moving pretty well there.
COMMISSIONER HALAS: You made reference to the fact that
there was 40,000 homes that were destroyed by this storm. What was
the devastation that we experienced here in Collier County? Do you
have a number on that?
MR. SUMMERS: No, sir. Well, I do have some rough numbers
for you. If you'll let me get to the right page here.
Commissioner, there was 40,000 mobile homes being requested
as a result of the impact of Katrina, and that was Mississippi,
Alabama, and Louisiana.
COMMISSIONER HALAS: Okay. I was under the impression
you said 40,000 in South Florida.
MR. SUMMERS: It's not Collier County. No. I'm sorry, I stand
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November 1,2005
corrected. Forty thousand is the demand that FEMA is estimating to
be drawn out of travel trailers or mobile homes for Katrina, not
Wilma.
COMMISSIONER HALAS: Okay. And how many travel
trailers or mobile homes have we requested from FEMA?
MR. SUMMERS: We have requested a full state mission. And
the number currently being used is a number that is -- combines the
number of destroyed homes in Collier County and the number of
combined destroyed mobile homes in Collier County.
There were 622, give or take a few, destroyed mobile homes.
There were only destroyed homes; however, FEMA will take a look at
those with major damage, so that additional assessment. It is my
estimate right now that the state is probably looking at 800 to 900
temporary housing units for Collier County.
Now, what their challenge is -- and this is not a defensive
posture, but just so you'll know, that that mission is done on a
statewide level. They're still assessing today Broward County and
some of the inland counties, West Palm Beach and those areas. So
they are probably -- unfortunately, we're ready for them, but they don't
have any material or resources to bring to us.
So I suspect they're waiting to get some type of broad estimates
from the other counties and make a determination as to what those
needs will be. I think that's unfortunate on their part to wait on the
other counties for a large deployment of these temporary units, but I'm
working that situation hourly.
MR. MUDD: Commissioner, if I could--
COMMISSIONER HALAS: My last question --
MR. MUDD: If I could interject a second.
COMMISSIONER HALAS: Oh, I'm sorry.
MR. MUDD: And Dan just talked about 40,000, and the number
here and then the Broward and Miami/Dade. The 40,000 number
from Katrina and Rita, it's basically more mobile homes than America
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November 1, 2005
makes in a year.
So this is going to be an interesting time for -- and that's basically
a requisition that was made for hurricanes earlier, and now our
requisition will come in and only compound that.
So I believe FEMA's going to have to make some other
arrangements in their kit bag in order to resolve the issues from
Wilma. That's just my take on it.
But I don't think the trailers are going -- the 8,000 that were up in
Charlotte County have already been moved to the Panhandle and are
moving to Mississippi, Alabama, and Louisiana as we speak, because
I thought there was a hold on 8,000, but they had, two weeks earlier,
had been poofed, prior to Wilma. So we're going to be waiting for a
little bit unless they come up with some alternative ways.
And Commissioner Coyle and I were talking about rental of
existing condos and stuff like that in the community in order to get
some things resolved. So we're going to have to be creative as we try
to get through this and get over this hurdle.
COMMISSIONER HALAS: I have one last question. I need a
little more clarification. You mentioned a FEMA number to call in
case that you incurred damages, even though you're not going to turn
this in to your insurance company, because a lot of us now have huge
deductibles.
MR. SUMMERS: Right.
COMMISSIONER HALAS: Could you give us that number
again and the reason why, again, that you need to call this in to FEMA
even though you're not going to --
MR. SUMMERS: Right. Regardless of your particular need or
eligibility, it's important that you register with FEMA, and that's
1-800-621- FEMA. And what that does is gives FEMA an accurate
picture of -- or an additional database, if you will, of the impact of this
particular storm on the community.
What that does is it indicates to FEMA headquarters just exactly
Page 32
November 1, 2005
__ sort of validates what emergency managers are telling FEMA in
terms of impacts to the community, the number of households that are
affected and to what degree.
So as their disaster -- post-disaster funds put aside, possibly even
mitigation opportunities where we can have FEMA grants to make our
community more disaster resistant. The more folks that register, the
greater indicator that FEMA has of how this storm affected our
community.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Well, I just wanted to say, I
think the reason we were so prepared was because you never sent out
alarms. What you sent out were alerts.
MR. SUMMERS: Yes, ma'am.
COMMISSIONER FIALA: And that was so important, because
I think people, you know, disregard alarming things any longer. But
when you're alerting them -- and you did it so efficiently and you were
so organized, I was so impressed. Every time I would come over,
everything was just running like clockwork.
And I wanted to say that your people were all extremely
responsIve.
MR. SUMMERS: Thank you.
COMMISSIONER FIALA: And so you have really, really
shown Collier County and really the State of Florida how an
emergency situation should be handled, and we all really appreciate
that, Dan.
MR. SUMMERS: Thank you. I appreciate that. And, again, I'm
just part of a great team.
Mr. DeLony, I believe, had some debris comments.
CHAIRMAN COYLE: Wait. I didn't get my chance to talk.
MR. SUMMERS: Sorry.
CHAIRMAN COYLE: Okay. Dan, I would like to make sure
that you convey to all the members of your team and all of the
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November 1, 2005
volunteers and the people that helped you the appreciation of this
board for the fine job that they have done. This has been a very
self-reliant community. Everyone was working together.
But there had to be a nucleus around which they would work to
coordinate their efforts, and that was you and your staff, and you
really did a fine job. And I just want to make sure everybody
understands how much we appreciate that.
And the public needs to know that you are continuing to work
and you will continue to work until you get all of the problems solved,
because although we have 95 percent of the power restored in Collier
County and we've made great progress on the other things with respect
to recovering from this disaster, for those people who still don't have
power and who still don't have water and who have damage to their
homes, it is still a serious situation to them.
MR. SUMMERS: Absolutely.
CHAIRMAN COYLE: And so that's the reason you're working,
and they need to understand that you're going to continue working
until we get their needs met.
Now, let's get to a couple of things that relate to FEMA. I
believe we've gotten fairly good cooperation from FEMA throughout
this entire process. And I don't want to be too harsh, but the idea that
they will not provide temporary housing support for the people in
Collier County because they haven't figured out what the needs are on
a statewide basis is fundamentally stupid, and I would like to see what
we can do to change that policy.
Now, I appreciate that they want to aggregate all of this, but that
doesn't make sense for the people who need the housing and need the
support. We need it now. I'd like to find a way to get it now.
And if we can -- we can accomplish that by going to our
legislative delegation, I think we should do it immediately. And if we
need to go to the governor to get some additional emphasis on that, I
think we need to do that also.
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November 1,2005
The issue that I think you're going to speak to very shortly about
the debris removal is another one that I'm very, very concerned about.
The idea that FEMA has to make some decision whether or not the
debris would be otherwise covered by insurance delays our ability to
clean up this county and probably delay it by months. Who knows
how to sort all that stuff out? But yet, our reimbursement depends
upon FEMA making those kinds of determinations.
The first priority should be to get this county cleaned up. And
everyone in this county pays federal taxes, as far as I know, and that's
where this money from FEMA comes from. FEMA should be
prepared to provide it to the people who pay the taxes in order to help
them get the county cleaned up.
And we're ready to go right now, and I'd like to see -- and I hope
Jim DeLony's going to provide us a detailed discussion of that.
But one final comment in case there are a lot of residents who
haven't heard this before, because the entire commission has been
sensitive to this problem from the beginning.
This particular disaster will fall primarily on the backs of the
residents of Collier County, not on the insurance company. Because
so many people suffered widespread but not catastrophic damage,
their deductibles will not be exceeded because the deductibles are so
high nowadays. The deductible on a median price home in Collier
County is $10,000.
So unless you suffered more than $10,000, you're going to have
to pay -- well, you'll have to pay the first $10,000 out of your own
pocket, and that's a serious blow for people who might have had the
good fortune to see their homes appreciate in value over the years, but
that doesn't mean that their incomes have appreciated at the same rate
so that they are not prepared to pay those huge sums for recovery.
The last thing we need is for FEMA to start hassling us about
what is covered with respect to the cleanup and what is not. So we
need to simplify that process to some degree, and I guess you and Jim
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November 1,2005
can work on that.
MR. SUMMERS: And, Commissioner, let me tell you that I
have worked so many of these events. Collier County has followed the
rule book that FEMA has published to the letter, and in many cases,
exceeded minimum standards.
Mr. DeLony is going to share with you our everyday challenge in
the interpretation of the fine print. And, unfortunately, my partners at
FEMA, and I stress partners, continue to challenge with -- continue
the challenge of interpretation of the fine print.
But that fine print has big impacts on Collier County, just as it
did -- we're no different in that discussion as Charlotte County went
through with Charley a while back.
I hope that we can do it quickly, expedite it. There's a lot of cost
benefit for getting the job done, and then go back and we'll get back
on the negotiation floor as needed. I think, quite frankly, that this is
where FEMA continues to be stymied in its level -- at the federal level
and continues to be stymied at the OMB level as well, so we're
working through that as hard as we can.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Halas?
COMMISSIONER HALAS: Yes. County Manager Jim Mudd
and Jim DeLony, in regards to this FEMA, we went through a process,
I believe, where County Manager Mudd -- basically I thought we had
that pretty much solved in regards to taking care of -- taking care of
matters in gated communities, and that there was -- that FEMA was
going to basically readdress the issues of addressing the debris pick-up
in gated communities.
Now this morning I'm hearing mixed signals. So I'd really like to
get the true answer out here, because I've alerted some of my gated
communities in regards to what they're allowed to do, and what was --
I was under the impression that we could take and move the debris in
an area of those gated communities to be picked up by FEMA or to be
Page 36
November 1,2005
picked up by our debris contractors, and we were going to be
reimbursed by FEMA.
Now I understand there's mixed signals in this, and I'm -- County
Manager Mudd, I thought that you made it pretty clear to the FEMA
representative exactly that we had a letter and we were going to abide
by the rules here.
MR. MUDD: Yes, sir, and I have that -- and I have that letter
here.
COMMISSIONER HALAS: And so what's happened?
MR. MUDD: Mr. DeLony will give you a briefing on what's
going on, and then we'll get to that particular issue. It's supposed to go
curbside.
The issue that we're talking about is when a community decides
to consolidated or aggregate the pile into one big one on their street or
in their complex. And so the question comes, how did it happen?
How did that go there? It wasn't an individual dragging it by a person.
It was taken there by a machine; therefore, it had to be from a
contractor or a landscaping firm, and that's where you get into the
issue. It's supposed to go curbside. It's supposed to be in manmade
totable pieces so that it doesn't get into that issue. But we'll go to each
one and let Mr. DeLony talk about that.
MR. DeLONY: Thank you, Mr. Mudd.
Commissioner, if I might, I'd like to address your question
following my presentation, and at that time, both yourself and the
other commissioners will have a full scope of what we're talking
about, and maybe the answers that I give you, sir, will have more
meaning at that time, if that's suitable to you, sir. Is that okay with
you?
COMMISSIONER HALAS: Sure.
MR. DeLONY: All right, sir. Let me just go through this.
Before we start, I just wanted to -- I have Mr. Mattausch here from the
Water Department.
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November 1,2005
Paul, could you stand, please.
And Mr. Yilmaz from the Wastewater Department. We're back
in business, been in business, stayed in business. And as far as that
recovery effort, we're back, all but 13 lift stations this morning. We've
moved over a hundred million gallons of sewage throughout this
event.
We've had very limited spills. We have had no outages of water
other than locals associated. We were able to help our sister City of
Naples significantly, both in manpower and product, and I'm very
proud of these two men and their compartments, and I just wanted to
have them here today to answer any questions you had about that
before I launch into debris so they can get back to doing what they
always do, and that's provide superb customer service to our county
and county utility customers.
So if there's any questions of them, I'm going to let them get back
to work.
CHAIRMAN COYLE: Any questions?
(N 0 response.)
CHAIRMAN COYLE: No questions, but a whole lot of
congratulations and appreciation. Thank you very much.
MR. DeLONY: Gentlemen, go back to work.
COMMISSIONER HALAS: I'd just like to say that these
gentlemen worked hours on end to make sure that the citizens here in
this community -- and when I say this community, I'm talking about
the City of Naples and all of the unincorporated areas of the county.
We're taken care of in the height of storm and after the storm, and
I really appreciate all their effort and their staff effort, that were the
people that were behind these particular two gentlemen, were there on
the scene working diligently through the hours, and we want to thank
you very, very much for all the efforts put into this.
MR. DeLONY: Thank you, Commissioners, thank you. Now,
go back to work.
Page 38
November 1, 2005
CHAIRMAN COYLE: And it's also important that everyone
understand the role that you played in helping the City of Naples. The
cooperation was just wonderful between the City of Naples and the
county. And people need to understand that when the city was having
its water problems from the very beginning, the county pitched in and
interlinked with the city water system and force-fed initially three to
four million gallons per day into their system, and ultimately wound
up providing five to six million gallons --
MR. DeLONY: Actually, seven to eight, sir.
CHAIRMAN COYLE: Seven to eight million gallons per day,
which was of great benefit to the city, and they have been very
appreciative of that effort. They have recognized that publicly, and
they are very appreciative of the cooperation of the county in doing
that. You're to be commended for being able to do that, as a matter of
fact, during a disaster such as this. Thank you.
MR. DeLONY: Sir, it was a team effort, as Dan has said, of real
estate people, our contracting function and other functions. Clerk of
Courts plays a role in it as well. And I'd like to make sure that they
are -- that we're on record in recognizing that team effort by all the
neighbors, IT. You know, I don't anything. I don't use a radio or
computer. It doesn't happen because of utilities division, sir. It
happens because of a county staff that's focused on providing
delightful customer service in every respect.
And so I just wanted to take a minute -- I know I'm going to get
beat up here in a minute, so I thought I'd bask in the sunlight for a
moment. I know my day's coming here.
CHAIRMAN COYLE: Well, the basking's all over now. Let's
get to the hard stuff.
MR. DeLONY: Thank you, sir.
I want to start by a little example of what we're talking about. In
front of you, Commissioners -- and I hope the camera can pick this up
for the folks at home.
Page 39
.-.,--..«"
November 1, 2005
By the way, for the record, Jim DeLony, Public Utilities
Administration.
CHAIRMAN COYLE: It's -- Jim, it's camouflage so no one's
going to be able to see it.
MR. DeLONY: No, sir. That's debris. We didn't want to bring a
pile in today because FEMA wouldn't probably reimburse us for it.
But in front of you is essentially a cubic yard of debris. That's
what a cubic yard is, and we're going to be talking about cubic yards
today. And I thought it'd be worthwhile to see what one of those look
like.
That's a cubic yard of debris, and that's our challenge. And we're
going to talk about moving those cubic yards of debris our of this
county, not into our landfill, out of this county, maximizing FEMA's
dollars in doing it, and providing excellent service to our customers,
and that's where we're at today.
So with that, let me go to some slides, and I'm going to talk to
you in terms of what we're going to do and how we're going to
accomplish it.
This is a six-phase operation. We are now in phase three dealing
with recovery and removal and reduction.
Phase one, pre-storm preparations, whereby we committed -- we
went out and got competitively bidded contracts for staging and debris
contractors. We have those contracts in force. A monitoring contract,
which we have in force, and I'll provide you those details. And all that
was done before the hurricane came.
When the hurricane came in, we began this response phase. We
linked up assets from the contractor and from the Florida Department
of Forestry in our transportation division, and we were able to have
mobility teams embedded in fire departments and were first
responders to open up routes for first response and begin our recovery
operation, and that was very well done by all.
Phase three, where we're at now today, where we started --
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November 1,2005
actually it started -- actually it started five days. We're eight days
from the event today as we stand, and we're five days into phase three.
Phase three consists of recovery, removal and reduction of debris
from our county.
Phase four will be that last pass, and I'll speak to that a little bit in
a minute. Phase five is that all important close-out that deals with the
financials, both from the state and FEMA.
As you know, our partners are FEMA and the state with regard to
this operation, but all debris removal operations are under the control
of Collier County. Weare not using the state or FEMA to control
those operations. We just want their money.
And finally phase six. There always is a phase six where you
have to go and fight over what you didn't do and how you did it.
We're trying -- we are starting out this operation with the end in mind
that we will have a clean close-out, that we will not have an appeal,
because we're going to follow the guidelines to the letter, to the strict
letter.
Now, I'll need some help on that. I know Commissioner Halas is
sitting there ready to pounce on me on that one. So if you will, sir, I
hope that I can answer your questions, or as directed by your -- by the
board, through County Manager Mudd, we can do something
different.
There it is. There's our scope of operations. It's about a million
is what we're estimating today, thereabout. That's all I can tell you
right now. I've got four or five estimates from FEMA, from my
contractors, from my staff. I'm settling on a million today. That's a
moving target. As we know more, we'll do more.
The estimate's not as important as to what's going to be the
actual, but that's where the cha-ching is on the cost.
But to give you an idea of what we're talking about, I've got a
million of these boxes to move out of this county.
We've divided the county into 58 debris working zones, and wec
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November 1, 2005
have four temporary debris staging sites listed on this chart. Three of
them are in operation currently. One will come on line today, and
that's the one at the Immokalee Airport.
We will begin grinding operations at these disposal sites. Right
now you go out there and see a big pile of these boxes, okay? And
we're going to start grinding those down, and then hauling out that
grinded material in hundred cubic yard trucks to Okeelanta where
they're going to be -- where it's going to be used as fuel for a power
electric plant out there. But the bottom line of it is, we'll have
grinding starting next week at these disposal sites.
I'd like to take a moment if I may, to really tell you how much I
appreciate Ray Baker. I called him at home late one night and said, I
need your help.
And he said, what do you need?
And I said, I need to use your land just west of your Manatee
school, and I'm going to use it, and I'm not going to -- I'm going to be
a great neighbor, but I'm going to -- it's going to be bad with
deconflicting with school buses and trucks and all that stuff.
He says, Jim, take it. Let me do what I can do to help you.
And, sir, that's been the attitude across the board from the
schools. And I know Dan's talked about that before, but I wanted to
put the plug in. He did tell me he wanted to get that in Naples Daily
News. I'm not going to commit to that, but I did want to come on the
public record and tell thanks to Ray.
We will be a good neighbor, and that is an area of concern and
deconfliction for us and the sheriffs office, which we have
coordinated.
But these are underway, and that's where it is. And that's where
the trucks and traffic are going to be. And Mr. Feder and I will work
with that, as well as the sheriff, to make that happen. We get about --
every -- a truck moves into these sites probably on a cycle of every 30
seconds to one minute once we get up in full operation. So it's going
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November 1,2005
to be a lot of traffic and a lot going on in these four areas, and I hope
that the public will be patient with us as we work that problem.
Here are the resources we have in hand, sir . We have a
monitoring contractor we had on staff -- on contract before the event.
There are the duties and responsibilities of the monitoring contractor.
Very important that everything we do have a third-party check of
where it comes from, what was the source, how it was moved, was it
-- to determine FEMA eligibility.
Now, that's not the most efficient way to do it. The most
efficient way to do it, and I think you said it Commissioner Coyle, is
go clean up the county. FEMA policy is not structured that way. And
the self-reliance that you spoke to is part of that policy.
So finding that fine line between county doing it and federal
government doing it is where we're at. And what we have there is a
monitoring contractor. It's fascinating the data we have to generate
with regard to one single truck to make it -- to put it into our
production factors.
Our debris removal contractor is AshBritt Environmental. These
are their specific missions. Let me just update you where they are
today.
We -- again, we are on day five of our operation, eight days from
the event. To date, sitting here this morning, as of 1800 last night, at
six o'clock, we've removed about 50,000 cubic yards of debris already.
Fifty thousand of those boxes have been removed from the streets of
Collier County.
And we are currently on target to make a daily correction (sic) --
we're going to daily -- we're shooting for a daily collection target by
the 1st of November, that's today, of 25,000 of those boxes moved
every day, and then we're going to ramp up by the middle of this
month to move 50,000 of those boxes every day.
Today we have 190 trucks on the road under our control, with 70
work crews working in conjunction with those. And the monitors in
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November 1,2005
behind them. Essentially, the bulletproof requirement from FEMA so
we get full reimbursement is essentially I have to be able to monitor
every single truck and every single load. If you want to know what
the standard is, that's it. And we have to have the accountability to do
that, or you're going to have to fight or not get reimbursement.
But the discussion with Mr. Mudd and Mr. Summers last
evening, we're looking at and it's pending -- and I'll just brief you
because I'll be back to you on this -- retaining James D. Witt &
Associates to help us with the long-term assistance and recovery
program and help us with oversight and begin to wrestle some of the
things, Mr. Coyle, that you spoke to earlier about FEMA -- why does
FEMA feel this way.
Well, Mr. Witt and his folks can help us with that in explaining it
to us, and in turn, help us take our case forward effectively, I believe,
to the FEMA coordinators and help them.
Now, I want to talk -- speak to them because they're on our
charged resource. They are a resource. I've been in 12 of these
things. Dan and I have got, I think, a half a dozen between the two of
us that we've worked together. This has been the best cooperation I've
ever had from FEMA.
I asked them to come, they came. I asked them to stay, they've
stayed. I asked them to go someplace and make a call, they do it. So
it's not that kind of a problem here locally, but they can only take us as
far as their policy allows them.
So the problem's not locally. It may not be even at the state
level. We have a pre-application meeting on Thursday with the state
and the FEMA -- people from the State of Florida will be in Collier
County on Thursday. A lot of this policy will be discussed then. I
don't know if our problem's there. I suspect that it's going to have to
go higher.
And so one of the things that I've spoken to Mr. Mudd about was
maybe we want to get some help from the folks that are really good at
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November 1,2005
this, really good at this, and have the right resources. So I'll be back to
you with that recommendation after we've negotiated that proposal.
But those are our resources, and I do believe FEMA is a resource,
at least locally, with regards to our efforts. They do feel our pain, sir.
They really do.
Here are the financial aspects. It tells -- it's pretty self-sufficient
of what our goals and objectives are with regard to finances. We're
going to be having on-site one-by-one calls made by FEMA to ensure
that first bullet is met.
In the aggregate, we're talking somewhere between 300,000 to
700,000 per se in terms of generated expense. This is going to be
about a $30 to $40 million event. We spread this out till Christmas.
You're talking that range of expense every single day.
And so the financial aspect of this is very important. These are
lots of money. I told my staff, these are two water plants that we're
going to spend over the next 60 days and that, therefore, we've got to
make sure we do it right.
Three hundred thousand to seven hundred thousand today, Mrs.
Fiala. I saw you looking. We're going to spend that today moving
those boxes. And there's more to the boxes. There's stumps, and, you
know, there's a lot of stuff. But I just wanted to give you a feel of the
scope. Doable, doable. Challenging, for sure, but doable.
Okay. Let's move on to the next chart now that I've really got
your attention.
MR. MUDD: Let's talk about -- let's talk about financial for a
second, while we're still sitting here.
We all know that the FEMA reimbursement doesn't come for a
while after the event is over. That 20- to $30 million will draw down
your reserves to about zero, okay? So just so you know, this
particular operation in getting it cleaned up and reimbursing people up
front to wait for it to come later on from FEMA is going to be tricky.
Now, when Senator Martinez was here, he did mention that he
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November 1, 2005
had a bill passed in the Senate, and it was in the House, and it
basically says that within 60 days, FEMA's going to come up with half
of it. That will certainly help us to at least get our reserves where they
need to be so we can get on with the rest of the year.
But I will tell you, we are going to dip -- dip deep into our
reserves in order to get this done. I mean, we've got about 18 million
in the general fund, you've got about six in your landfill closing fund,
and then we'll dip into everybody's reserve and keep track of that with
the clerk's help as we go through this process, and then go into the
reimbursement side of the side.
But I'd just let you know, we are going to be cash strapped here
for a little bit of time as we go through Christmas.
MR. DeLONY: Okay. And the project manager for finance is
Mr. Tom Wides. Tom, if you'll stand up here. I want to make sure
you know who your project manager is, and he'll be leading the
financial aspects of this operation.
Thank you, Tom.
Customer service. There's been a lot of talk today, and I
appreciate what you're doing personally and as a board to get out to
the customers information. It's been wonderful to date, and we're
going to keep that same standard of excellence for the next 30 to 60 to
90 days in this particular mission.
Here are our ends, ways, and means with regard to it. We're
going to use our 403-2380, your normal utility billing number, as one
call gets it all with regard to debris matters. We're not going to set up
anything special. We're going to vet it to numbers that people know.
We're going to use our normal billing services number, and that
way, I believe, I can bait the best guess, and I have the right
technology to track all of this and train people to do it.
We're going to have to work, I'm sure, significantly with
definitions of what is private, non-reimbursable within our gated
communities and on our private roads. You gave us an excellent tool
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November 1,2005
on the resolution side that you will bring into effect to ratify today,
that Mr. Coyle signed on Friday in terms of what is reimbursable from
this board's perspective. And again, we'll work very hard to explain
and to coordinate and -- as well as satisfy people's concerns on
reimbursement.
We'll do all the right things with regard to investigating and
documenting and processing any property damage claims that come to
us. We had -- I had one yesterday from one of the commissioners that
looked like we got out there, and when we picked up the debris with
the large claw, we got into a gentleman's irrigation system. We will
fix that. That's going to happen. We're going to lose a few mailboxes;
I'm sure, despite all our best efforts.
And I'm going to ask that you work with me on those, but I want
to assure you and the public, we're going to address every one of
them, and we will put it back right. It may take us a while, but we're
not going to let you get lost in the jumble. Please have faith that we're
going to respond to your needs.
And I know with this commission that I will be told clearly what
you expect of me in that regard, and I am very pleased to do that.
Mr. John Y onkowsky is your proj ect manager. I think everyone
knows John and what he can do for us, and I want you to have trust
and confidence that we will stay in touch to serve that customer.
We're doing it today. This is one of many public outreach
opportunities that we will take advantage of to tell our story and to
spread the word on how we're going to accomplish this very
challenging mission.
There's already been a lot in the press. There's already been a lot
on the news. Some of it not as accurate as I'd want, but certainly it's
out there. People are asking. We had a thousand phone calls
yesterday into our call center. By far, the majority was, when are you
coming and are you going to do it. And we're going to answer those
questions both through our customer service as well as our public
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November 1,2005
outreach.
Here is our plan. We plan to partner with everyone who will
partner, has an access list. Ms. Margie Hapke, if you'll stand, please, is
your project manager on this issue, and she will do it.
Let me just tell you what the county manager's told me. He said,
by 1 December -- and I think we've already put this out -- we want
everyone to bring it to the curb. Get it to the curb 1 December. Don't
hold it back. And I think that's been done. I think you can tell going
around the community, because of the weather and whatever, and the
fact this is a self-reliant community, there is a lot on the curb.
Lastly, he's told me that he wants this through by Christmas, and
to do that, it's going to take a lot of work, a lot of cooperation from the
public getting it to the curb and working with us and getting through
there.
It's not going to be a comfortable -- the debris piles are large. It
is hazardous at times. I've got the fire folks looking very closely at fire
hazards. We will address those as we go through.
All of our debris sites, for example, we've put fire suppression
systems there in the form of hydrants and so on. We're going to do
that right, safe thing, but it's going to require all of us to be very safe
as we work in and around these piles and, therefore, this public
outreach is very important to that safe and sure operation that we all
want and desire to have, and have our county ready for Christmas.
I think that concludes my briefing with the exception of your
questions.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Do you have a collection
schedule identifying daily areas of collection?
MR. DeLONY: Ma'am, we will. We're going to have -- we have
58 areas, and what I'm planning right now is to try to get worst first, in
some degrees, but make high impact as we go.
And within the week I hope to have up on the web a map that
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November 1,2005
says where we've been and where we're going to go and when we're
going to do that, and then we will continue to work to that kind of
finite definition to the public on what to expect and when to expect it.
COMMISSIONER FIALA: I think that it would be just great
public outreach, a really good PR move, and it will calm people down
if you had a daily schedule of areas that you're going to be in, not only
on a website, but for those people that don't have a computer or don't
know how to get to a website, if there could be something printed
every day in the daily news so that they can open that paper, and in
the local section, debris removal from Lakewood today, you know --
MR. DeLONY: Okay, yes, ma'am.
COMMISSIONER FIALA: -- or whatever, so that they have
something to refer to. I think it would be a great public outreach, PR
move.
MR. DeLONY: Ma'am, we will look carefully at that and
evaluate that, and we will do our best. But I think that that's exactly
where I want to go in terms of find out -- and I believe we can do it,
yes, ma'am. We will look carefully on how we're going to do that,
keep you posted, by the way, when we do it.
CHAIRMAN COYLE: Commissioner Halas?
MR. DeLONY: Okay. Is it my turn now?
COMMISSIONER HALAS: Yes, sir. As you know, there's a
number of gated communities throughout Collier County, probably
more so in District 2, but I think every commissioner has gated
communities.
We need to know exactly -- we need to know exactly what is
going to be reimbursable, what these people need to do in these gated
communities, and also, are you going to, some way or another, get a
broadcast out to them to let them know that a week before or the week
that you are going to pick up the debris, they need to have their gates
open in order to -- so that we respond to their needs, and make it very
clear that they're not supposed to move the debris to a centrally
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November 1,2005
located pile.
Because I think this is what a lot of these gated communities are
doing because they just would like to get this stuff off of their streets. I
mean, everybody would like to get it off of their streets. But we have
to make it clear that they cannot move this debris; is that correct?
MR. DeLONY: Well, let me answer. You had about four
questions there, and let me start --
COMMISSIONER HALAS: Yes, I do.
MR. DeLONY: I don't know where you want me to start, but let
me see if I can do it, okay.
First of all, it's important that -- what's important is that we know
where it came from. And the best way to do that is for it to remain in
place on the curbside of the right-of-way from the property in which it
came so that FEMA folks won't have a problem, that we're not doing
land clearing or other non-reimbursable activities with regard to that
debris. So that was the first thing we've put out, and that's it.
Second thing is, with regard to notification of gated communities,
Mr. Yonkowsky has already got appointments with many of the
managers of those gated communities -- we started that two days ago
-- to go on site and do exactly what you asked us to do on a
one-on-one basis with regard to the public service announcements of
when and where. I think I answered that with Commissioner Fiala's
question.
But in those one-on-ones with those gated communities, making
those individual calls, sir, we will make sure that we tell them, here's
your window that we're going to be in here. Now, it could be --let me
just tell you now, it's not going to be, we're going to go in there one
day and that's it. It's probably going to be a week or longer,
depending on how much debris is there, because this is -- you know,
we're moving these boxes one at a time. And they don't come in a
box, by the way. They look like branches.
So I just want to tell you, it's not going to be, gate's up on Friday
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November 1,2005
and we're out of there on Saturday afternoon. It's going to be longer,
and I just want to tell you that. It won't be longer than it has to be, and
that's for the first pass. And I'm sure there'll be a second pass, and
there'll be a third pass. And I believe it's incumbent upon us to
coordinate that as effectively as we can.
Now, let's see. With regard to removing of the debris,
problematic. If they've moved the debris, I'd ask that everyone stop.
If you're in a gated community, let's get the FEMA through my shop,
down there to make a call, and let's get some direction. Because it is
very individualistic that -- the calls FEMA has to make.
I don't know if Dan covered this enough to tell you, this is
exactly the approach and deployment that Charlotte County had when
they began their debris operations after Charley, and no one was
happy with the speed of that recovery, the guy that's like me in
Charlotte County, commissioners like yourself.
So if we continue to have as an operational obj ective to only pick
up debris which is fully reimbursable, it's going to take some time, it's
going to take inefficiencies, Commissioner Coyle. But the pay-off is
that the costs of moving those boxes is not shifted to this county but
rather shared appropriately with the federal government through our
tax, as you said, through their process. And we, with your good
services and the influence that you can have, that of Mr. Mudd, I think
we can work the policy.
Sir, I don't know if I answered all of your questions.
COMMISSIONER HALAS: Yes. I think you did a pretty good
job on it. The last question -- or the last question that -- I'm not sure if
you can answer this or maybe the county manager can, but this is one
of the few times that FEMA has allowed us to go into gated
community to pick up the debris; is that correct?
MR. DeLONY: Let me tell you this that we are not going to get
reimbursed as it stands now for the gated community work we did
during Charley. It wasn't a lot of money, okay? Those gated
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November 1, 2005
communities field themselves because of the storm. But we do work
in those gated communities. I don't know the number in front of me,
but chances of reimbursement are slim to none.
And we discussed that, as you might remember, in this very
forum, and the direction of the board was, clean up the county. Until I
can get better numbers, and I'm talking $40 million, we've got -- 12
and a half percent of that's going to be on us, 7- to $10 million is going
to be on us. I would recommend that we work really hard and get the
best policy. But, again, I'll leave that to you and Manager Mudd to
give me direction on that.
COMMISSIONER HALAS: But the policy --
MR. MUDD: The answer to your question is, before this
exercise and Katrina, they made some special dispensations up in
Louisiana. They have never touched private gated communities or
private roads before. So we've made great strides here with the help
of our Congress, or congressional delegation, during a presidential
visit in order to get this stuff rectified.
So we do have that ability now, which is a great -- which is
almost heaven-sent as far as the damage that's out there.
COMMISSIONER HALAS: Well, it was the effort that you put
behind this also. You found that window of opportunity and were able
to get a hold of -- write a letter to our congressmen, which was
Congressman Mario Diaz- Ballart and Congressman Connie Mack, and
they, of course, got the attention of the President of the United States,
and, therefore, a lot of this credit goes to the staff here for getting this
doctrine or this piece of paper here given back to the county here
basically stating.
But I just want to make it clear that we're trying to help those
citizens, just as Commissioner Coyle brought out, the fact that
everybody pays U.S. federal taxes and we should be inclined,
hopefully, to get some help because we sure sent a lot of money to
Washington.
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November 1, 2005
MR. DeLONY: I don't think there was a question in there for
me, but I could say amen.
CHAIRMAN COYLE: Well, there's one other issue I would be
interested in addressing. If a gated community, or any community,
has, on their own initiative, has taken to consolidate the -- the debris, it
appears to me that that creates a much more efficient operation for us
and FEMA.
We don't have to stop at 100 or 500 different locations and pick
up little bits of debris. We can go to one place, pick it all up, and get
it out of there so we can get it done more quickly.
It appears to me that the problem should be, not that we have put
it in one location, but the determination should be made by somebody,
FEMA and our staff, perhaps, in advance, that whatever is there was
not the result of some illegal action such as land clearing or something
of that nature. And if that kind of determination can be made, it
shouldn't make any difference that it's located all in one spot.
MR. DeLONY: And that -- before this meeting today, I met with
the southern region pre-coordinator, good fellow. I mean, he wants to
make it work. I made the same argument to him that you've made
today in terms of deductibles, same argument that you've made today,
it doesn't -- you know, if it's not land clearing and it doesn't come off
the golf course, you know, let's pick it up, because it does help us.
And he's in that, I got to get back to you mode, and we will
continue to work hard on that and try to get the best deal we can for
reimbursement, given what is out there on the ground already and to
become.
But the -- as inefficient as it may appear or sound, we are set up
to do exactly what I said. We can do curbside removal, we've got the
monitors in place to do the verification that's so important for
reimbursement. So we're set up to do that, absolutely. If we could
make it more efficient and get a green light that this is reimbursable,
then we'll take the gloves off. But as we stand here today, sir, that's
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November 1,2005
the best I can tell you, with regard to its eligibility for reimbursement.
MR. MUDD: And Commissioner, the reason I put this -- this is
this FEMA letter that I showed you the first page of, and this push-out
thing is interesting and has to do with mechanical push-out. You see it
on "i" above paragraph two, and then you see it really down in 2(a)
where it says, debris resulting from demolition or push-out of private,
including commercial structures, will not be eligible.
And the only thing there is, if it's in a big pile, they can't make
that determination where it came from, and that's the gray area that
Mr. DeLony's talking about, and that's one that we need to get
resolved.
The only thing to get resolved, okay, take a look at the
neighborhoods, look at what's there, okay? We're moving it with this
contractor to get it out. Nobody's clearing their land, nobody's tearing
down their commercial establishment and trying to lay claim to it. It's
damage, it's out to the curb. We need to get it out of here.
Now, they gave some carte blanche things in Mississippi,
Alabama, and Louisiana, as far as FEMA is concerned, and we might
get to the point in time later this week that we're going to have to go
forward to get those carte blanche things cleared and a policy to do so.
So we'll work through that particular issue, but let's give them a
chance. By Thursday we'll talk about --
MR. DeLONY: Yes, sir.
MR. MUDD: -- our great Claim meeting and work through that.
And if we run up against the storm, well, then we'll get hot and heavy
on it on Friday.
CHAIRMAN COYLE: Okay, good. Thank you very much.
We're going to take a break now.
MR. DeLONY: Sir, could I just conclude, then you won't have
to see me again.
CHAIRMAN COYLE: I thought I had just concluded.
MR. DeLONY : Well, I was going to -- I'm just a typical
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November 1, 2005
government folk here. I've got -- always have one more thing to say.
Ken Rodriguez is our Director of Solid Waste. He's a great
leader. He is the project manager for this mission, and I wanted
everyone to see him. He has done a yeoman's task getting us where
we are, and we really and truly appreciate his leadership and his folks'
leadership.
And I just want to make sure you know the guy that I'm putting
the bony finger in the chest of to execute this thing, and he's done a
superb job.
Weare concerned, and I've said it before, about safety. Putting
debris on sidewalks causes problems for children walking to school.
We don't want plastic bags. Don't do it. Don't use plastic bags,
please. If you've used them, got it, but don't use them no more. Now
or evermore. Not only for this operation, but in the future in Collier
County. That doesn't allow me to environmentally return that material
to reuse by having that plastic.
So with that, thank you for that extra minute, and I am here to
answer your questions or just to get off this microphone.
CHAIRMAN COYLE: May I declare a recess now?
MR. DeLONY: Thank you, sir.
CHAIRMAN COYLE: Okay. Thank you very much.
We're going to recess for 12 minutes.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Thank you very much, Mr. Mudd.
Item #9A
RESOLUTION 2005-379: APPOINTING WILLIAM L. BARTON
TO THE SWFL EXPRESSWAY AUTHORITY - ADOPTED
Page 55
November 1,2005
And now I think we're going to 9A.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Okay.
MR. MUDD: Commissioner, I -- each one of the commissioners
in the Board of County -- of the Board of County Commissioners gave
me a list of candidates. This has to do with 9A, which is appointment
of a member to the Southwest Florida Expressway Authority.
There was a list of 24 candidates. One candidate withdrew, and
that's Mr. Nino J. Spagna, and he had a conflict according to the
particular rules; is that correct, Mrs. Filson?
MS. FILSON: That's correct.
MR. MUDD: So your list, I've had Ms. Deb Wight out of my
shop and Mrs. Mary Jo Brock put your -- your votes down on the list,
and you'll see them accordingly. Commissioner Henning did not
provide a list because he thought it would be inappropriate for him
because he wouldn't be here today because of a personal emergency.
So there's the list by priority, one through however many that you
gave me, all right. And let's -- and let's go now to the far right column
on your screen. And that says a sum of priorities for votes. Those
candidates, and there's three of them there, received four votes from
all four commissioners.
And what I did is, we just add the priorities that you gave them
across your columns, and that's where it came up with 11, 19 and 30.
And so if I was to look at this, you had a unanimous vote for Mr.
William Barton, you had a unanimous vote for Mr. James R. Gibson,
Jr., and you had a unanimous vote for Mr. Dennis P. Vasey.
But if you look at the priorities that you gave the candidates, the
number one pick with four votes would be Mr. William A. Barton
because he has got -- you gave him the highest number on your
priority list as it sums across.
The next, second best with four votes from the commissioners
unanimous, would be Dennis P. Vasey, and he has a priority of 19,
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November 1,2005
and the third place would be Mr. James R. Gibson, Jr., at 30, was his
priority.
Now, if you go to the second column to the right, it has the sum
of priorities with three votes. I do not want you to confuse the
sum-ups here, okay, because you can't -- the two columns are
mutually exclusive, all right.
They're not correlated in any way, stretch of the imagination. I'm
getting into my operations research stuff a little bit.
But if you take a look at the sum of three votes, there was -- there
was one candidate, Mr. Dexter R. Groose, and the next candidate,
which is R. Bruce Anderson, they received three votes from
. .
commISSIoners.
And if you've started to look at their priority votes, the number
one candidate for three votes would be Mr. Dexter Groose, and the
number two vote with three votes would be Mr. R. Bruce Anderson.
So in my mind, if you wanted to put a list of priorities down
based on what you voted -- and, again, I'm just giving you -- I'm just
giving you my observation, and then it's open for discussion and the
board is free to pick whomever they want -- the number one with four
votes would be Mr. William R. Barton. The number two vote with
four votes would be Mr. Dennis P. Vasey, the number three vote
would be -- with four votes would be Mr. James R. Gibson, Jr., the
number four vote with three votes from the commissioners would be
Dexter R. Groose, and the number five vote with three votes from
commissioners would be Mr. R. Bruce Anderson.
And that's all I have to say, and that's as much analysis as I've
done on your particular votes.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Judging by what I see
here, I'd make -- I'd like to make a motion that we nominate Bill
Barton for this particular position.
COMMISSIONER HALAS: Second.
Page 57
y".-...._-'"".,."~..
November 1,2005
COMMISSIONER FIALA: I'll second that motion.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta
for nomination of -- or selection of Mr. William Barton, and a second
by Commissioner Fiala.
And any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It carries unanimously. Mr. Barton is the
board's selection for appointment to the Southwest Florida
Expressway Authority.
Now, we also have to select -- not necessarily today because it's
not advertised to be selected today, but we also have to select five
people to nominate to the governor so the governor can select one of
the five, and we might want to take the next four there and decide
upon them and maybe with one other nomination between now and
the next meeting, and we can then submit those to the governor for
consideration. What does the board feel about that?
COMMISSIONER HALAS: I move that we should do that.
COMMISSIONER FIALA: I think it's a good idea.
CHAIRMAN COYLE: Okay. We do need one more name.
COMMISSIONER HALAS: Well, we'll keep the four, but we'll
advertise for one more name.
COMMISSIONER COLETTA: Well, I don't know if we really
need to do that. I think from here you probably can pick. I mean --
CHAIRMAN COYLE: Who would have been the next highest?
Did we have three in agreement on any other candidate? I don't see
one.
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November 1,2005
MR. MUDD: You don't have three in agreement on any other
candidate, and I would have said my next choice would have been Mr.
Spagna, but he had to withdraw because of a particular issue.
CHAIRMAN COYLE: Then let's do this by--
MR. MUDD: Commissioner, I would -- I would say to you that
the next candidate -- and I'm doing quick math, okay. If you wanted
to take a look at the two vote, the next person that comes off the page
with an eight would be Morton D. Potashnick, because he has a
priority of eight. But, again, it's only two votes, and I don't have a
third commissioner.
CHAIRMAN COYLE: I'm trying to go down this thing through
districts to try to find out what district is not represented here. We
have one District 1 and District 4 that are represented here in the
selections we've made.
COMMISSIONER FIALA: Dennis Vasey is three.
COMMISSIONER COLETTA: Three.
CHAIRMAN COYLE: And Dennis Vasey is three.
COMMISSIONER FIALA: Three.
COMMISSIONER COLETTA: I'm not concerned at all about
the districts. If there's no one from five from this qualified pool, then
that's not a concern of mine.
CHAIRMAN COYLE: Okay, all right.
COMMISSIONER COLETTA: Just the most qualified.
CHAIRMAN COYLE: All right. Well, why don't we do this,
why don't we keep these four names, and then at the next meeting be
prepared to select one additional person from this list and have that
person ranked, and then we'll have our five and we'll make the
decision the next meeting.
COMMISSIONER COLETTA: I'll second that.
MR. MUDD: Yes, sir. And I would ask -- and to help -- to help
you with that selection -- and what I will do is I will modify this list. I
will keep Mr. Barton as the one that you're going to appoint, and
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November 1,2005
you've already voted on that. The next four that are on the list will
consume four of the five seats. I would ask the commissioners at the
next meeting to give me a list of the remaining, and I want you to give
me two. I want you to give me your first and second choice of what's
remaInIng.
And with that, then I can get the five votes and have it and put it
on a sheet, just in case we miss one. Because you can have a
commissioner that -- you know, just like we had on this one, we had
only two votes, and there was one that only had one vote, you can get
out. But I believe if you give me two, a first and a second, I believe
we can do the same kind of thing with the remaining, and it will
become an obvious issue for you on the dais and make it quite quick.
So for the next meeting, if you could give me a list of two, first
and second of the remaining, so there are one, two, three, four, five,
and the one that withdrew, so there's six candidates that won't be on
your voting list next time.
COMMISSIONER HALAS: And you said Potashnick is the one
that withdrew.
MR. MUDD: No, Spagna.
MS. FILSON: Dr. Spagna.
MR. MUDD: Nino had to--
MS. FILSON: Yeah.
COMMISSIONER HALAS: Okay.
MS. FILSON: So is it safe to say that I can contact the
remaining four people to get them started on filling out the
gubernatorial nomination questionnaire?
CHAIRMAN COYLE: I think that's a fair assumption.
Everybody agree with that?
MS. FILSON: And you want it on the agenda for the 15th of
November.
CHAIRMAN COYLE: Yes, yes.
MS. FILSON: Okay.
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November 1, 2005
CHAIRMAN COYLE: Commissioner Fiala, did you have
anything further to say? Your light's on.
COMMISSIONER FIALA: No.
CHAIRMAN COYLE: Okay. Then I think we've done that one,
County Manager. We go to 9B.
Item #9B
RESOLUTION 2005-380: CONFIRMATION OF
REAPPOINTMENT TO THE COLLIER COUNTY CITIZEN
CORPS: GERALD SUGARMAN, REG BUXTON AND WALTER
R JASKIEWICZ. NEW APPOINTMENT: NANCY L. REED,
FLOYD R, CHAPIN, RUSSELL D. RAINEY AND DOUGLAS E.
PORTER - ADOPTED
MR. MUDD: That brings us to the next item, which is 9B, which
is confirmation of appointment to the Collier County Citizens Corps.
CHAIRMAN COYLE: And we have appointment of four
members and reappointment of three members, for a total of seven
people.
MS. FILSON: Yeah. And I've also put their attendance on there.
They all have perfect attendance, the ones that are being reappointed.
CHAIRMAN COYLE: Good. And--
COMMISSIONER HALAS: Motion for approval of the seven
names that are on the -- that -- were recommended.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. A motion for approval of all
seven appointees and re-appointees.
COMMISSIONER HALAS: Do we need to give the names?
CHAIRMAN COYLE: I don't think so.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: They're listed on the record.
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November 1,2005
Motion by Commissioner Halas to approve, second by
Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It is unanimous, thank you.
And next?
Item #9C
RECONSIDERATION OF PURCHASING SCHOOL BOARD
PROPERTY THAT WAS APPROVED FOR PURCHASE BY THE
BOARD OF COUNTY COMMISSIONERS AT THE SEPTEMBER
27, 2005 BCC MEETING - APPROVED
MR. MUDD: Commissioner, it brings us to a request for a
reconsideration of purchasing the school board property that was
approved for purchase by the Board of County Commissioners on
September 27,2005, BCC meeting.
And Commissioner Halas basically asked for this
reconsideration. And it was basically a memo that Commissioner
Henning wrote to the three commissioners that voted in the affirmative
on this particular item to see if they wanted to reconsider. He
mentioned in there that he had additional data.
Let me tell you what his concern was. He was wondering if there
were any TDRs on this particular property, and could those TDRs be
stripped off and sold before we bought the property? And let's go
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November 1,2005
down this just a little bit.
Right now that school property is neutral lands. N eutrallands do
not have any TDRs. Doesn't make a difference who owns them. If it's
a sending land, our policy and our code says that a private person,
okay, if they have sending lands, can have TDRs; therefore, if it's
government owned, it doesn't have any TDRs in sending lands. So
there you've got two different -- two different issues.
Now, this is section 24. Section -- the school property is in
section 24. Section 24 is due to come to the Board of County
Commissioners as an EAR amendment to be converted from neutral to
sending, okay? That's going to happen in March or April.
Now, I don't want to make -- I want to make sure that you're clear
on this particular point. I don't want to suggest something to you that
would force you into making a zoning change today or even at the
next meeting. I want to make sure that you're very clear on that. You
make your call any which way that you want to based on what's
presented to you for that zoning change, okay.
And I don't want to get into contract zoning or anything like that.
And I always get -- I always get a -- I get concerned when we're
there.
But here's the thought. If a private owner owned the particular --
can I finish, Commissioner Halas, please? If a private owner owned
this particular land and this land was moved to sending by the board's
direction or decision in March, then that private owner would have
TDRs. That private owner would have 52 TDRs worth anywhere
from 25,000 to $50,000 each. That means those TDRs would be 1.3
million to $2.6 million. You only were going to pay $2.1 million for
this particular property.
If that is, indeed, the case, then you could return half a million
dollars to Conservation Collier and not have to pay a nickel for this
particular property, okay? So it wouldn't be an outlay of government
funds if this all happened in the future.
Page 63
November 1,2005
So who's the private property person that could own this
particular land if it got transitioned? Well, that became some concern,
and some names were mentioned of developers, and that's when my
gut got -- went crazy and said, I don't like the smell of this nor do I
like the feel of this.
So I asked the Trust for Public Lands, I said, if we source the
money to you, would you buy the property under your ownership with
a contract that this land would come back to Collier County, okay,
minus whatever as a remittance to us, whatever TDRs that you could
sell? And they said, yes, they would do that. So I think I found an
uncontroversial person that could put this in private ownership.
So that's pretty much what's out there right now. I told
Commissioner Henning that I would relay that to you today. But the
decision before you today is to reconsider this item at your next
meeting, and that's the decision you're making.
But I wanted to make sure that that additional information was
put out there so that you knew, because the memo did not have that
stuff attached.
CHAIRMAN COYLE: And if we wanted to reconsider it at the
next meeting, it would include the reconsideration of the process you
just described with the TPL?
Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah. I don't have a warm, fuzzy
feeling on this, and I signed this because I thought that the information
was going to immediately follow, and I had to basically dig this
information out.
County Attorney, do I have the ability here to withdraw my
reconsideration?
MR. WEIGEL: You do. This is here today for a motion of
reconsideration to be made and voted upon, or not. So yes, you can
do so. Also, just for the record, if a motion to reconsider were adopted
today, two things, is doesn't mean that the item that was previously
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November 1, 2005
voted on has changed. It means the matter will be brought back for a
reconsideration of the initial vote.
And the reconsideration ordinance, section 2-41 of our code of
laws and ordinances, provides that the matter would be brought back
at the second regular meeting from the date of a motion to reconsider
being approved. If today's date -- if today were -- the motion were to
be approved, it would come back, I believe, at the November 29th
meeting.
MR. MUDD: No, it would be coming back December 13th.
MR. WEIGEL: Is there no November 29th meeting?
COMMISSIONER HALAS: There isn't.
MR. MUDD: No. There's a --
MR. WEIGEL: Oh, okay.
MR. MUDD: You're right. I'll take it back, David. You are
absolutely right. There is a 15 -- there is a 15 November meeting, and
then there's a 29th meeting. I stand corrected. David is absolutely
correct. It would be the last meeting in November.
COMMISSIONER HALAS: So if we let -- left everything the
same then, we'd just vote for no reconsideration on this; is that
correct?
MR. WEIGEL: Well, if you vote to reconsider today, that
doesn't mean there's going to be a change from the prior vote that was
taken. It just means that the matter will be heard two meetings from
today to, at that time, have full discussion on it. However, you
certainly have the ability not to make the motion to reconsider today
as well, if you wish not to.
CHAIRMAN COYLE: Can I ask a point of clarification? I am a
little confused at this point in time. What you just said to us was that
if we do reconsider it, that we can save ourselves $2 million or more.
Is that -- did I understand that correctly?
MR. MUDD: You could, sir, okay. That's all predicated on a
vote by the Board of County Commissioners on land use in March or
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November 1, 2005
April, okay. And that's why I basically put it on and I opened it up this
way.
I want to make sure that you understand that if TPL worked as
our agent, okay, and they bought the property from the school for $2.1
million, that money would come from Conservation Collier. They
would become the owner of the property for a short period of time.
If the board decides to change from neutral to sending on this
particular section 24, then there would be TDRs on this property,
okay.
If you choose not to rezone section 24 from neutral to sending,
there will not be any TDRs, and the Trust for Public Lands would
return this particular property to Collier County as agreed upon.
Would probably charge us a little bit of an administrative fee, but I
don't believe it would be very much, and that would be done.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
Were you finished Commissioner Halas?
COMMISSIONER HALAS: I'm finished for the time being.
COMMISSIONER COLETTA: Yeah. I'll be honest with you,
any time a commissioner has a concern, he thinks there's a better way
to do it, I'm willing to look at it. I mean, it doesn't mean that I agree
with it. And I would like to make a motion for reconsideration.
COMMISSIONER FIALA: And I'll second that.
CHAIRMAN COYLE: Okay. We have a motion for
reconsideration by Commissioner Coletta, second by Commissioner
Fiala.
Commissioner Halas?
COMMISSIONER HALAS: I don't know how best to say this. I
hope that -- and obviously the person that asked that this be
reconsidered is not here today.
But I felt that once I got ahold of this infonnation, and I think
that other staff members helped in this -- in this convening of the
Public Land Trust getting involved in this, at first I didn't like it
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November 1,2005
because it looked to me, when you looked at all of this, it looked like
there might have been some contract zoning in this thing, and to me
that's not where we should be here as servants of the public.
So we can take the vote today, but I jumped on this too quickly.
I didn't have the information. And I was hoping that it was going to
follow within a matter of hours, and it didn't. I had to pry this
information out. So that's where I stand with this, okay.
CHAIRMAN COYLE: Okay. We will -- if there is a vote to
reconsider it, we will at least have a chance to argue that point and
find out what's best for us at that point in time. So we're not making
an irreversible decision here.
Yes, David?
MR. WEIGEL: Well, we're at a new place in our reconsideration
ordinance right here. Because the ordinance specifically provides for,
a commissioner who voted with the majority shall introduce a request
to the county manager that he or she wishes to introduce a motion to
reconsider.
Mr. Halas is indicating that he does not wish to introduce a
motion to reconsider. This ordinance is silent as opposed to someone
else making that motion at a meeting where this is brought up through
a commissioner who expressed the intention to make such motion. So
CHAIRMAN COYLE: David, can I offer an opinion?
MR. WEIGEL: You may.
CHAIRMAN COYLE: I don't know if it will make any
difference or not.
MR. WEIGEL: I haven't offered one yet.
CHAIRMAN COYLE: As I -- as I would understand the
procedure, the decision to bring it before this board was
Commissioner Halas's.
MR. WEIGEL: That's correct.
CHAIRMAN COYLE: Once it is brought before the board, I
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November 1, 2005
don't see anything that prohibits another commissioner who voted with
the majority from making a motion. Does that make sense?
MR. WEIGEL: Well, it does. There's a Latin phrase that's used
often, particularly with attorney general opinion -- opinions, which I
won't try the Latin, but what it says is, that that which is not expressly
excluded is allowed.
CHAIRMAN COYLE: Is permitted.
MR. WEIGEL: In other words, is permitted. And I would not
disagree with that general construction. But I did want to bring that to
your attention as well as Mr. Halas that our ordinance -- our ordinance
is silent in that regard.
So I would opine and I would agree with your suggestion that if a
motion were to be made, I'd rather have a court tell us that it's not right
than I indicate that it's not right at this point in time.
CHAIRMAN COYLE: I understand. Thank you.
MR. WEIGEL: Thank you.
CHAIRMAN COYLE: Then I think we are where we are. We
have a motion to approve -- a motion for reconsideration by
Commissioner Coletta, and a second by Commissioner Fiala.
If there's no further discussion, we'll call the question.
All in favor, please signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Okay. Commissioner Halas is opposed.
It passes 3-1 for reconsideration.
MR. MUDD: And that will come back the last meeting in
November, which is the 29th.
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November 1,2005
Item #10A
REQUEST AN INTERLOCAL AGREEMENT WITH THE CITY
OF NAPLES WITH RESPECT TO THE COUNTY'S
GOODLETTE-FRANK ROAD PROJECT - APPROVED - 4/0
The next item is item lOA, and that is a request that the board
approve and authorize its chairman to sign an interlocal agreement
with the City of Naples with respect to the county's Goodlette- Frank
Road project, and Mr. Norman Feder, the administrator of
transportation services, will present.
MR. FEDER: Commissioners, for the record, Norman Feder,
transportation services administrator.
This is an agreement that's already been executed by the City of
Naples. It's a coordination on our efforts on Goodlette-Frank Road
and the city's improvements that they'll be making to Burning Tree
Drive.
I think the particulars are very clear. It also covers some of the
utility issues we'll be dealing with on our Goodlette- Frank Road to try
to coordinate with the City of Naples. I'd be happy to answer any
questions you might have on it.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala, second by Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN COYLE: No public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
Page 69
November 1,2005
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. MUDD: Commissioner, lOB will be heard after 1:00 p.m.
Item #10C
SELECTION OF CONSUL TECH, A QUALIFIED FIRM, AND
AWARD OF CONTRACT UNDER ITN 05-3583 CEI SERVICES
FOR COLLIER COUNTY ROAD PROJECTS," FOR PROJECT
NO. 69101 IMMOKALEE ROAD FROM 1-75 TO CR-951
COLLIER BOULEVARD IN THE AMOUNT OF $1,541,279 -
APPROVED
That brings us to 10C, which is a recommendation to approve
selection of Consultech, a qualified firm, and award a contract under
ITN 05-3583 CEI services for Collier County road projects for project
number 69101, Immokalee Road from 1-75 to County Road 951,
Collier Boulevard, in the amount of $1,541,279. And, again, Mr.
Norman Feder, your transportation administrator, will present.
MR. FEDER: Commissioners, very briefly, this is to get the
engineering inspection firm on line. This is the design build section to
go from four to six lanes between 1- 7 5 and 951 that is out in our fee
right now. We expect that to be awarded shortly after the first of the
year and are trying to get the CEI onboard as we go through with the
proj ect.
COMMISSIONER HALAS: Motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
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November 1, 2005
Halas, second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: Any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously. Thank you very
much.
Item #10D
COLLIER COUNTY'S 2006 STATE LEGISLATIVE PRIORITIES
AND THE COUNTY MANAGER TO PROVIDE THEM TO THE
COUNTY'S STATE LOBBYIST - ACCEPT ALL PRIORITIES
PLUS RECOMMENDATIONS (FEMA, HOUSING ISSUES, ETC)
FROM JIM MUDD, ON THE LIST EXCEPT "THE LOCAL
AUTONOMY TO IMPOSE DISCRETIONARY SALES TAX
REFERENDUM" - APPROVED; MOTION TO REMOVE "SALES
TAX REFERENDUM" FROM PRIORITY LIST - APPROVED;
MOTION TO OPPOSE ANY ATTEMPT BY THE LEGISLATOR
TO CHANGE IMP ACT FEE COLLECTION IN COLLIER
COUNTY - APPROVED; MOTION TO ACCEPT SOUTHWEST
FLORIDA WATER CONSORTIUM - APPROVED
MR. MUDD: Commissioner, the next item is number 10D. It's a
recommendation to approve Collier County's 2006 state legislative
priorities and direct the county manager to provide them to the
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November 1, 2005
county's state lobbyist. And Ms. Deb Wight, out of the county
manager's office with myself, will try to present this particular item.
What I'd ask the Board of County Commissioners to do -- the
items were laid out in the executive summary. We've had a workshop
on the particular item in which Representative Davis was in
attendance, I believe, and we went through the particular items.
And we can go -- and each item has a paragraph in the backup
documents that explain the particular item.
So I'd like to go down the list and just have the board at this time
affirm, deny, send me packing to do more work, or whatever you'd
like to do on these particular items so that I can -- we can give those to
our state lobbyists and that we can all be on the same sheet of music as
we proceed on the 2006 state legislative session.
CHAIRMAN COYLE: Can we just have the board members tell
you if they don't agree with the list?
MR. MUDD: Sir?
CHAIRMAN COYLE: Can we just have the board members tell
you if they'd like to make a change to this list that we've already --
MR. MUDD: Yes, sir, that would be okay, too. And let's do the
first page first, and then go to the Southwest Florida priorities. So our
list is on the first page, page 1 of 34 on the executive summary.
CHAIRMAN COYLE: Do any of the commissioners have any
opposition to this list; Commissioner Halas?
COMMISSIONER HALAS: I don't have any opposition to this
list. But one of the concerns that I think Commissioner Coletta had
was in regards to the discretionary sales tax referendum.
And I think that when we were up at Tallahassee yesterday we
were -- there was great discussions on both sides of the panel in
regards to how we're going to fund infrastructure.
And so if something should occur in this upcoming legislation,
that's going to be in regards to the glitch bill for Senate Bill 360. If we
run into a situation where our impact fees are going to be limited or
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November 1,2005
taken away, then what happens is, is that we are put in a very -- put in
a box basically, in regards to addressing how we're going to handle
growth.
So I just wanted to bring that up as a discussion point. And I
think Commissioner Coletta was present yesterday and understood
some of the facts here.
So I know it's a hard thing to do, but you have to figure out what
you're going to do here in regards to, in the future, for addressing
growth.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And no, I know where
you're coming from, Commissioner Halas, and it's a concern, but I'm
also concerned about due process of how the residents come into play
as far as how we tax them.
I would like to make a motion -- and please hear me out on the
whole motion -- that we approve every single item on here with the
exception of the local autonomy to impose a discretionary sales tax
referendum, and then we can vote on that as a separate item.
I'd like to be on the record as being opposed to it as one of our
legislative objectives, and I don't want to vote against the whole
package, because I think it's an excellent package.
COMMISSIONER FIALA: I'll second.
MR. MUDD: Commissioner, before you do that, I had -- can I
add one item to your list, and it has to do because of this hurricane that
we just had.
I believe -- I believe you need to have an item on this list that
talks about FEMA reimbursement, housing issues, and the funding
statute. FEMA basically refunds at 75 percent, the state reimburses
for 12 and a half, and the local does for another 12 and a half. It
would be really good if we were out there trying to get the state to
pick up the 25 percent instead of us having to do the 12 and a half, and
I believe we don't need to give that away yet. We need to fight for it.
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November 1,2005
COMMISSIONER COLETTA: And I include that in my
motion. That's an excellent idea, and I appreciate that input, Mr.
Mudd.
MR. MUDD: Thank you, sir.
COMMISSIONER FIALA: And in my second as well.
CHAIRMAN COYLE: Then we have a motion by
Commissioner Coletta to support all of the items, plus those added by
commissioner -- Mr. Mudd, with the exception of the --
MR. MUDD: Local autonomy to impose discretionary sales tax
referendum.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Now let's take up the local autonomy to impose discretionary
sales tax referendum. Now, it's my understanding this is not the
authority to impose a sales tax. It's merely the authority to put it on a
ballot so the people can vote on it.
MR. MUDD: No, sir. This would -- this would -- if the law
passes, this would give this board the ability by supermajority vote to
bring on an addition to the local sales tax.
CHAIRMAN COYLE: Well, tell me why it says it's a local
autonomy to impose a sales tax referendum.
MR. MUDD: Well, maybe we worded it wrong, okay? But let
me talk about the paragraph just a second, okay?
CHAIRMAN COYLE: Okay.
MR. MUDD: Under current law, the imposition of a
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November 1,2005
discretionary sales tax surcharge requires voter approval via
referendum. Local autonomy would remove the referendum
requirement and authorize the Board of County Commissioners to
impose this surtax.
Legislation would dictate whether the imposition by the Board of
County Commissioners would be by majority vote or supermajority
vote.
CHAIRMAN COYLE: Okay. So if we were to take off
referendum from the end of that sentence, it would make it a lot
clearer --
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: -- because it's giving us the right to
impose a discretionary sales tax.
MR. MUDD: I have struck referendum.
CHAIRMAN COYLE: Okay, good. Thank you. Now it makes
more sense. All right.
Is there a motion concerning that particular provision?
COMMISSIONER HALAS: I make a motion that we disregard
that after we've stricken that one word, referendum. I think that --
COMMISSIONER FIALA: Oh, I'll second that motion.
COMMISSIONER HALAS: I think that made it more clear.
CHAIRMAN COYLE: So does that mean that you do not want
to have that as a priority?
COMMISSIONER HALAS: I do not want that as a priority.
CHAIRMAN COYLE: Okay. There's a motion to strike it off
the list by Commissioner Halas.
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN COYLE: Second by Commissioner Fiala. She had
already seconded it.
Anything further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
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November 1,2005
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Now, is there any opposition?
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously.
And I have a question for you primarily for Commissioner Halas
and Commissioner Coletta. I presume that you listened to the debate
from the impact fee task force?
COMMISSIONER HALAS: That's correct.
CHAIRMAN COYLE: What is your assessment of that
particular debate as it's currently shaking up?
COMMISSIONER HALAS: Right now it's really a mix. There's
-- the committee is made up in such a manner that the people who
were involved in government or past commissioners really understand
the plight of what's going through the counties. And the builders, of
course, are still taking a strong stand, although one particular
developer is now, I think, now swinging towards the side with the
counties, and that's Bonita Bay, because they understand that if you
don't have a way to provide infrastructure, they're not going to have a
way of going -- continuing on.
But one individual that basically is from Collier County was very
adamant about not having impact fees. He'd like to see an end put to
this. In fact, I think he's got some misinformation, and we hope to
educate that individual.
CHAIRMAN COYLE: Good luck.
Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: If I may add to that. Yeah, they
counted noses to try to get a feeling for which direction the task force
was going. And I'd say the vast majority of them, without a doubt, are
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November 1,2005
opposed to doing anything as far as impact fees going.
However, with that said, they only need to have the door opened
a little crack to be able to get something as far as Florida statutes go in
there that might be non-descriptive, very little clause, to be able to
open up the statutes for future years.
Believe me, this isn't going to end this time around. It's going to
continue every year forever. And you can expect tremendous political
pressure to be brought upon you, whenever you run for political
office, by the building industry and other elements out there to side
with Florida statutes.
The building industry is lost in the courts. This is their last
avenue of reach and resort, of trying to get to the point where they do
away with impact fees and drop the burden on our citizens to have to
pick up the cost of new growth. That isn't going to happen. And
every commissioner that's been appearing before this particular task
force has made it plain and clear, if they don't have this revenue
stream coming in, they're not going to permit growth in their area.
COMMISSIONER FIALA: I'd rather lose an election than to
side with eliminating it.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yeah. It was very interesting as
the event started to unfold, and then one particular senator, Senator
Constantine, then was trying to sway the board by saying, well, here's
some different options that you can use to possibly generate revenue
other than impact fees, which basically fell on some deaf ears so --
because they said, that's not our agenda here to look for alternative
methods of taxation in regards to applying fees to address growth.
So it's going to be interesting as this thing unfolds. I think that
we have about three more meetings, and it's going to be interesting to
see just how this all shakes out.
But I think the governor's committee is going to have a hard point
-- or hard task here of trying to figure out the best way that they're
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November 1, 2005
going to approach this so that they can get a general consensus if they
want to bring something forth to the governor.
CHAIRMAN COYLE: The reason I asked these questions is
because I think there's a point that needs to be made here. We fought
the impact fee bill itself last year, and we've managed to stop it. But
the people who want to eliminate impact fees and transfer the cost to
the taxpayers have not stopped, as you've correctly observed, and will
not stop until the legislature kills this concept.
And I think that one of the things we might wish to do here on
this list of priorities is add opposition to any changes to impact fee
collections.
COMMISSIONER FIALA: Oh.
CHAIRMAN COYLE: Because that's not on this list. You see,
our opposition to certain aspects of Senate Bill 360 --
COMMISSIONER HALAS: 360.
CHAIRMAN COYLE: -- doesn't really say -- because Senate
Bill 360 doesn't really say that impact fees will be eliminated or
changed, but yet it creates a task force that has the authority to make
recommendations about doing just that.
And so I would suggest that we add to this list --
COMMISSIONER FIALA: Make a motion.
CHAIRMAN COYLE: Okay. But let me finish first.
COMMISSIONER COLETTA: He's on a run.
CHAIRMAN COYLE: Yeah. And I find it very, very
interesting that people on the impact fee task force are talking about --
or worrying about where the money is going to come from to fund the
infrastructure when we were told by the people who drafted Senate
Bill 360 that they were going to give us billions of dollars, not only
one-time money, but of recurring money, to fund infrastructure. Now,
isn't that an interesting turn of --
COMMISSIONER HALAS: And every year we get more
mandates from the state for taking care of issues that the state should
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be taking care of, and they're sure not going to address this issue of
administering how we're going to address growth here, I can tell you
that.
CHAIRMAN COYLE: That's right.
COMMISSIONER HALAS: That's going to be left up to the
local government.
CHAIRMAN COYLE: That's right. Well -- so in the final
analysis -- and it gets back to the discretionary sales tax thing. I
understand the political distaste for taking the right to increase sales
taxes, but let me tell you, that's exactly where our state legislature is
trying to push us.
COMMISSIONER HALAS: That's where they're trying to push
us.
CHAIRMAN COYLE: They are trying to push us, though, to
increase property taxes. That's what they're trying to do. And what
they want us to do is to transfer that cost to our citizens in Collier
County.
And I am convinced that there is still a movement to do that, and
we've got to be very vigilant to stop it. And so I make the motion that
we add to our list that we oppose any attempt by the legislature to
change the current impact fee collection requirements as practiced by
Collier County.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: And I second that.
CHAIRMAN COYLE: Okay. Then motion by me, seconded by
both Fiala and Halas. They did it at the same time so they should get
credit for it.
Any further discussion?
And Commissioner Coletta probably seconded that one, too,
didn't he?
COMMISSIONER COLETTA: I didn't get a chance, but to be
honest with you, I have no problem with that statement, absolutely
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none.
CHAIRMAN COYLE: Good, good. Okay.
Then in all in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously. Thank you very
much.
MR. MUDD: Commissioner, that brings us to the second page of
the executive summary. Commissioners, at the pre-2006 legislative
session workshop, you also reviewed the 2006 state legislative
priorities of the Southwest Florida Consortium, which includes
Collier, Lee, Charlotte, Hendry, Sarasota, and Glades County.
The board has asked to approve that list of issues to prioritize and
monitor, and it's listed, it says, Southwest Florida Consortium 2006
Legislative Priorities. And that list is there.
Do you want to do it the same way that we did the first list?
CHAIRMAN COYLE: Yeah, let's do that. I'll have a couple
questions for you, but I'll let the other commissioners go first.
With respect to the Southwest Florida Consortium's 2006
Legislative Priorities, are there any additions or deletions from this list
from the commissioners?
COMMISSIONER HALAS: Nope.
CHAIRMAN COYLE: Then -- I'm sorry?
COMMISSIONER HALAS: I said, nope, I don't have any
deletions.
CHAIRMAN COYLE: Then you're okay.
Commissioner Coletta, you're okay?
COMMISSIONER COLETTA: I'm fine, thank you.
CHAIRMAN COYLE: Commissioner Fiala?
I do have a question. Senate Bill 360 here is listed under the
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November 1, 2005
monitor criteria, which, as suggested, is not a top priority of the
Southwest Florida Consortium. Am I incorrect in that assumption?
MR. MUD D: No, sir, that's not -- you're incorrect in that
assumption. The reason they wanted to monitor it is because it's a
changing piece with the glitch bill. They don't know exactly what
things are going to pop on the glitch, and I believe it's right up there at
the top of their list as well as yours. They just don't want to lose sight
of it. And if we have to have a special meeting with all five county
managers, or six county managers, we will, and we'll come back to
this board with their particular suggestions.
CHAIRMAN COYLE: So they have the same concerns with
Senate Bill 360 and the impact fee issue as we do?
MR. MUDD: Oh, yes, sir, absolutely. It would be devastating.
CHAIRMAN COYLE: Okay. So we've got the support of at
least those other counties, right?
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Okay, good. Thank you very much.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. This is where we're really
going to need Keith to be keeping his eyes open, his ears open, to
anything at all, any hint where they're trying to discretely or maybe --
MR. MUDD: Sneak one by.
COMMISSIONER FIALA: Yeah, tuck something in there that
can hurt us in the end. Boy, we're really going to need you up there
listening.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. Just to make it perfectly
clear, we do not want that camel's nose under the tent in regards to this
impact fee --
COMMISSIONER FIALA: Well put.
COMMISSIONER HALAS: -- reform, okay?
So anything that needs to be addressed, please let us know so that
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November 1,2005
we can be out there vigorously letting our constituents know that they
need to write to our legislators up in Tallahassee in regards to this.
CHAIRMAN COYLE: And I will say one more time that the
only way this is ever going to go away is if the legislature strongly
opposes it and quits trying to play games to finesse the issue. And
when they stand up and they say, this is a bad idea, we're not going to
support it, then it will finally go away, but not until then.
Okay . We're finished with that item, right?
MR. MUDD: Commissioner, I'd like a vote, please.
CHAIRMAN COYLE: I'm sorry?
MR. MUDD: I'd like a vote, please.
CHAIRMAN COYLE: Oh, we didn't have a vote?
MR. MUDD: No, sir, I don't. Everybody had nods, but I'd like a
vote.
CHAIRMAN COYLE: Then I'll call the question. All in favor,
please signify --
MS. FILSON: You didn't have a motion either.
COMMISSIONER HALAS: Yes, we did.
MR. MUDD: No, you didn't get a motion. I need a motion, a
second, and a vote.
COMMISSIONER HALAS: I make a motion that we approve
this Southwest Florida Consortium 2006 Legislative Priorities.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Halas
to approve the priorities, and second by Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
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November 1, 2005
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously. Thank you.
Item #IOE
TRANSMITAL OF A WATER RESERVATION POLICY
STATEMENT ON BEHALF OF COLLIER COUNTY TO THE
FLORIDA ASSOCIATION OF COUNTIES AS REQUESTED -
SEND TO F AC WITH REMOVAL OF LANGUAGE "NATURAL
RESOURCES AND" OF THE POLICY STATEMENT AND ALSO
SEND TO FAC ROY ANDERSON'S STATEMENT FOR THE
REASONING AS TO THE REMOVAL OF LANGUAGE -
APPROVED
MR. MUDD: Commissioner, that brings us to item 10E, and
that's a recommendation to approve and transmit a water reservation
policy statement on behalf of Collier County to the Florida
Association of Counties as requested.
And, again, Mrs. Deb Wight from the County Manager's office,
will present. This was a particular item that was brought up during a
-- the F AC -- come on, Deb, help me here. And -- at the Fakahatchee
legislative preliminary issue. Commissioner Halas went to that
particular --
COMMISSIONER HALAS: Orlando.
MR. MUDD: -- symposia (sic), and this one popped out of the
woodwork. And there's -- and there's a fight going on, and it has
everything to do with, you know, who's going to control the water.
COMMISSIONER HALAS: Right.
MR. MUDD: And there -- some people think that there's a fear
that if the Florida Department of Environmental Protection gets
involved, that they will -- they will reserve all the particular water for
-- let's say what their name is. The Florida Department of
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November 1,2005
Environmental Protection -- that they will reserve all the water for
environmental protection and the human race would, in Florida, would
be without. There's some folks that say, well, if they got involved,
then they would control the water districts.
COMMISSIONER HALAS: Yes.
MR. MUDD: If you look at the state organizational chart, the
water districts supposedly fall under the Florida Department of
Environmental Protection. But I believe there's nobody controlling
the five water districts except for the governor. I believe they've kind
of usurped that level of control.
Commissioners, I would -- I would tell you, from my personal
perspective, I'm very leery of this statement because it has a thing that
says that they will reserve it for natural resources and human
consumption. If you wanted to strike natural resources and have
somebody worried about human consumption, that would be a breath
of fresh air in the State of Florida, especially with the Everglades
restoration project that's going on, especially after we were
unsuccessful with the South Golden Gate Estates in trying to get some
consumptive use permits for humans out of that. We were completely
pushed aside, and I'm not overstating that. I'm telling you the truth.
When I said, well, why don't you do like your policy states, that
you would do 75 percent for the environment and 25 percent of what
you're putting back in the water table for the human side of the house,
I was told to wait it out. That means wait forever, when we finally
make a decision.
So we -- they have not been forthcoming. We asked if we could
put wells in the South Golden Gate Estates. You remember that
conversation. And we were rebuffed, and said, no, that's not going to
happen.
So I would say to you that I believe that getting another agency
involved in consumptive use permits is probably a bad choice and I'll
leave it at that.
Page 84
November 1, 2005
COMMISSIONER FIALA: Good presentation, Debbie.
CHAIRMAN COYLE: Yeah. The policy statement, as it is
written in our executive summary, seems to deal with the issue on a
very appropriate -- in a very appropriate manner. So is there any
concern about the existing policy statement?
MS. WIGHT: What the county manager recommended, if you
leave out the "protecting natural resources," then it would be in line
with what Collier County supports.
MR. MUDD: So this -- let me read it for you. It says, water
reservation relates to the authority of the Florida Department of
Environmental Protection to create water reservations for the purpose
of protecting natural resources and the public health and safety; relates
to requiring or providing criteria for a scientifically-based process for
the establishment of water reservation and the maintenance of current
statutory provisions protecting existing legal uses of water.
All I'm saying to you is, your water districts are very
environmentally-friendly, and now you're adding another
environmentally- friendly agency controlling water use in the State of
Florida. And I -- and I would caution you in that particular endeavor.
CHAIRMAN COYLE: Well, let's get to exactly what it is we're
going to vote on with respect to language.
Now, I've got a policy statement on water reservations by Roy
Anderson, public utilities engineering director, which I think is very,
very good. And are we going to transmit that policy statement, or are
we going to merely revise the policy statement that was discussed at
the F AC committee meeting?
MS. WIGHT: The statement in front of you on the executive
summary is what F AC had put out. And the reason they sent us all
back to our respective counties is because all the counties couldn't
agree on a statement. They were all divided.
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: Okay.
Page 85
November 1, 2005
MS. WIGHT: And what Roy articulated very well is that -- is
the conflict, the controversy, and that this is -- it's a big issue and why
there is so much division.
Jim Mudd pretty much said, to make F AC's palatable to Collier
County, taking "protecting natural resources" out, would make the
existing statement satisfactory. It's up to the board how you want to
handle this.
CHAIRMAN COYLE: Okay. So this -- the policy of FAC is
being modified so that it will read, water reservation relates to the
authority of the Florida Department of Environmental Protection to
create water reservations for the purpose of protecting the public
health and safety.
COMMISSIONER HALAS: Safety.
MS. WIGHT: According to the county manager, that would
make it satisfactory to Collier County. And that's --
CHAIRMAN COYLE: Okay. And then the rest of it will remain
unchanged. So we are eliminating the words "natural resources and."
COMMISSIONER HALAS: Protecting natural resources.
Those three words.
CHAIRMAN COYLE: No. Leave in protecting because we're
going to say protecting the public health and safety.
COMMISSIONER HALAS: So protect natural.
CHAIRMAN COYLE: Yeah, "natural resources and."
MS. WIGHT: Right.
CHAIRMAN COYLE: We'd take out those three words, and
then we've got a concise statement. Now, are we forwarding to FAC
Roy Anderson's policy statement, his rationale for making those -- that
change?
MR. MUDD: I would recommend that we do, sir.
CHAIRMAN COYLE: Because I think it's very good.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: And it provides the argument for making
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November 1, 2005
that particular change.
Commissioner Halas?
COMMISSIONER HALAS: Well, I was just going to ask
utilities director Jim DeLony if he would basically be in agreement
with what we're trying to accomplish here, because I think that this is
going to have an effect on the citizens here in Collier County and also
the future citizens here.
MR. DeLONY: For the record, Jim DeLony, public utilities.
County Manager Mudd has really put it out for you, sir, in my
assessment with regards to someone else helping us with regard to
water management and water management policy in the State of
Florida.
The balance of the equation currently is already there in my view
with regard to the permitting processes and the permitting direction set
down by the water management boards through the governor to make
sure that balance of people and other needs are -- is there.
The acid test for every permit is, do no harm. That's the first
question I must answer when I apply for a water use permit or a
consumptive use permit in the State of Florida. What -- and you can
do no harm. It has to be for a valid public purpose, okay.
And so you've already got a reservation policy embedded in the
current process with the actors on the current stage.
Now, when you bring in another agency, another set of actors
with their own set of initiatives, then you may change that equation
different to what it is today.
Mr. Mudd's outlined for you clearly the challenge that we have in
providing affordable and quality drinking water for people in Collier
County given our history with the water management district. It
would be my -- it's my recommendation, through Mr. Mudd, as laid
out by Mr. Anderson's excellent paper, that we should go very
carefully down the path toward water reservations beyond what we
already have in law and practice today. That's what Mr. Anderson
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November 1, 2005
says.
Lastly, all that we do should be based strictly on the soundest of
science, that we've got the cost benefit risk carefully laid out. And I
don't see that in any of the language that I've seen prescribing that type
of approach and deployment to this very fundamental decision for our
county. And that's the reason we laid this out the way we did, and
that's our recommendation, sir.
Did I answer your question?
COMMISSIONER HALAS: Yes, you did.
I make a motion for -- that we send this on to F AC with the water
reservation relates to leaving out the natural resources and also having
the Roy Anderson's memo accompany this resolution.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: And Commissioner Fiala seconds the
motion.
Any further discussion?
(No response.)
CHAIRMAN COYLE: Any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously.
Item #10F
APPROVE SELECTION OF AB&B, A QUALIFIED FIRM AND
AWARD A CONTRACT UNDER RFP 05-3835 "CONSULTING
AND DESIGN SERVICES" FOR NEW ALIGNMENT AND
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November 1, 2005
CAP ACITY IMPROVEMENTS TO SANTA BARBARA
BOULEVARD FROM DAVIS BOULEVARD TO RATTLESNAKE
HAMMOCK ROAD, COUNTY PROJECT NO. 60091 IN THE
AMOUNT OF $1,160,034 - APPROVED
MR. MUDD: Commissioner, the next item is item 10E -- excuse
me, we just did that on 10E -- 1 OF, which is a recommendation to
approve selection of AB&B, a qualified firm, and award a contract
under RFP 05-3835, consulting and design services for a new
alignment and capacity improvements to Santa Barbara Boulevard
from Davis Boulevard to Rattlesnake Hammock Road, county project
60091 in the amount of$I,160,034.
Mr. Norman Feder, transportation administrator, will present.
MR. FEDER: Commissioners, this is to get the design firm
moving on a project that's been in our five-year work program and our
long-range transportation plan that is the extension of Santa Barbara
Boulevard from Davis down to Rattlesnake.
And I'd be happy to answer any questions you might have.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala, second by Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN COYLE: No public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
Page 89
November 1, 2005
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously.
Item #10G
AWARD OF BID 05-3894 IN THE AMOUNT OF $3,171,636 TO
DOUGLAS N. HIGGINS, INC., FOR THE CONSTRUCTION OF
THE POTABLE WATER MAIN AND LANDSCAPING
IMPROVEMENTS ALONG US 41 PROJECT 71059 - AWARD
BID AND RESUBMIT FOR RE-BIDDING FOR LANDSCAPE
SLEEVING - APPROVED
MR. MUDD: Commissioner, that brings us to the next item,
which is lOG. It's a recommendation to approve award of bid 05-3894
in the amount of $3,171,636 to Douglas N. Higgins, Inc., for the
construction of the potable water main and landscaping improvements
along U.S. 41, project 71059. And Ms. --
MS. SRIDHAR: Sandy Sridhar.
MR. MUDD: Yeah, and I should have it because she's been
there for a while, so I'm sorry.
MS. SRIDHAR: That's all right.
MR. MUDD: Sandy Shanthi Sridhar from public utilities -- she's
a Senior Proj ect Manager -- will present.
MS. SRIDHAR: For the record, my name is Sandy Sridhar,
Project Manager of Public Utilities Engineering.
This presentation relates to item lOG. This is a recommendation
to award bid 05-3894 for the construction of a water main on U.S. 41
from Rattlesnake Hammock Road to Barefoot Williams Road,
approve the award of bid 05-3894 to Douglas N. Higgins in the
amount of $3,171,636, and authorize the chairman to execute a
standard construction contract with Douglas N. Higgins after approval
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November 1, 2005
of county attorney's office.
COMMISSIONER FIALA: I'd like to make a motion to approve
this award to Douglas N. Higgins and to send the -- send back for
another bid for the landscape sleeving, right, because you only have
one bid, and the bids were too high on that one, right?
MS. SRIDHAR: Yes, ma'am.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COYLE: Okay. Motion for approval by
Commissioner Fiala with the motion to select -- or solicit other bids
for the landscape sleeving --
COMMISSIONER HALAS: Landscaping.
CHAIRMAN COYLE: -- and seconded by Commissioner Halas.
Any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously.
MS. SRIDHAR: Thank you.
Item #10H
AN ADDENDUM TO THE COUNTY MANAGER'S
EMPLOYMENT AGREEMENT - EXTENDED EMPLOYMENT
AGREEMENT FOR FOUR YEARS TO 9/30/2010 FOR JAMES V.
MUDD. $25,000.00 TO SERVE A PUBLIC PURPOSE,
RECOGNIZING THOSE PEOPLE WHO ASSISTED DURING
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November 1,2005
HURRICANE WILMA - APPROVED
MR. MUDD: Commissioner, the next item is 10H. It's to
approve an addendum to the county manager's employment
agreement. The Board of County Commissioners at the last meeting
asked their chairman and the county manager to meet in closed door
session to work out an agreement, an addendum to the employment
agreement.
I basically have stated to Commissioner Coy Ie, and I've also
stated to other commissioners on this board, that my salary -- and my
feeling is, my salary is sufficient, and I believe the contract as written
for my salary is fine.
I asked Commissioner Coyle in the negotiation if my contract
could be extended for four years. That four-year extension addendum
is on the particular item.
I would ask you, instead of any kind of raise for me that this
board would authorize $25,000 from the reserves to be brought
forward so that I can use those particular dollars to be audited by the
county -- to the Clerk of Courts, to use that money to give some
mementos, coffee cup, maybe a dinner, something to the folks that
worked in the EOC and in this county to help us recover from Wilma,
and I don't have that authority. But I will tell you, that would mean
more to me than any pay raise, and I'd like that.
COMMISSIONER FIALA: Boy, do you --
COMMISSIONER HALAS: I'd like to make a motion.
COMMISSIONER FIALA: -- deserve a four-year extension.
What a great guy. Thanks.
COMMISSIONER HALAS: I make a motion for extension of
your contract, and also the $25,000 to be used and to be monitored by
the Clerk of the Courts for the people who worked diligently in EOC
for this last week. I think that's a great -- I think that's great of you in
looking out for your fellow man.
Page 92
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November 1, 2005
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: My honor to second that.
MR. MUDD: Commissioner, can I also -- there are some people
that didn't work in the EOC but were out there fixing sewer and water
__ water particular issues, so I'd like to broaden that just a tad.
COMMISSIONER HALAS: Sure.
CHAIRMAN COYLE: Now, you're asking for approval to
transfer money from the budget reserves, I presume, for this particular
purpose. Is any ultimate approval necessary by the Board of County
Commissioners concerning the expenditure of the money?
MR. MUDD: Commissioner, it will be used for that particular
purpose that I specified, and it would only be used as a way to say
thank you to those people and to the volunteers that were there. You
know, I could do a coffee cup for those people that said, thank you
from the county, from Wilma.
CHAIRMAN COYLE: We survived Wilma.
MR. MUDD: Well, I would like to have the Wilma thing with
the head of the character with the hurricane underneath, and basically
say, Collier County says thank you.
CHAIRMAN COYLE: Okay. Good, good. Okay. We have a
motion to approve by Commissioner Fiala, and a secondly, I believe,
by Commissioner Halas.
MR. MUDD: Commissioner, one other thing in that thing, you
might want to -- that $25,000 thing out of reserve, you might declare
that as a public purpose. That would also help.
COMMISSIONER FIALA: Yeah, that would make sense.
MR. MUDD: It's a valid public purpose on that $25,000.
COMMISSIONER FIALA: Okay. I'll include that in my
motion.
MR. MUDD: Crystal, does that get what you need?
CHAIRMAN COYLE: Who made this motion?
MS. FILSON: Commissioner Halas made the motion.
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November 1,2005
Commissioner Coletta seconded it.
CHAIRMAN COYLE: Commissioner Halas made the motion,
and I made the switch. And Commissioner --
COMMISSIONER FIALA: I thought it was me, too.
CHAIRMAN COYLE: Commissioner Fiala seconded the
motion.
MS. FILSON: No, Commissioner Coletta seconded the motion.
CHAIRMAN COYLE: Commissioner Coletta seconded the
motion.
COMMISSIONER COLETTA: You need a lunch break.
CHAIRMAN COYLE: And it's getting close to lunch.
Commissioner Fiala has suggested to the motion maker that
maybe he would like to --
COMMISSIONER HALAS: I'll add that to my motion,
definitely.
COMMISSIONER COLETTA: And I'll add it to my second.
CHAIRMAN COYLE: Okay. So it's been added to the second.
So we have a motion that approves the extension of the county
manager's contract for another four years, until September 30, 2010, at
the same base salary adjusted for annual cost-of-living increases, and
to approve $25,000 to be used for the public purpose of recognizing
those people who had a significant role in helping us prepare for and
recover from Hurricane Wilma.
MR. MUDD: Yes.
CHAIRMAN COYLE: Okay. And is there any further
discussion?
COMMISSIONER HALAS: Yes. I would just like to say to the
county manager, I appreciate working with you these last three years,
and I know some of my other commissioners have worked with you
almost four years, and I feel that this county has really moved in the
right positive direction in regards to addressing the needs of the
community.
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November 1,2005
And I want to thank you very much for your dedicated service
and the staff that you brought here to really get after a lot of issues
that, for many, many years, were left dormant, were not attended to,
and I believe we're right at getting on top of a lot of problems in this
county, and we're going in the right direction. And I think we have --
we are lucky to have a person like you who is a visionary and who
really wants to do the very best for everybody here. Thank you very
much.
CHAIRMAN COYLE: And I think I can second that on behalf
of the whole board. Thank you very much.
COMMISSIONER FIALA: We can do a couple more.
CHAIRMAN COYLE: We can do a couple more?
MR. MUDD: Did you vote on it?
MS. FILSON: We need a vote.
MR. MUDD: I don't think you voted yet.
CHAIRMAN COYLE: I can't get away with anything here, can
I?
All right. All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously.
Item # 101
RESOLUTION 2005-381: APPROVING THE HURRICANE
WILMA WORKSITE AGREEMENT PROVIDING FEDERAL
FUNDS UNDER A NATIONAL EMERGENCY GRANT TO
COVER THE PRE-SCREENING COSTS, WAGES AND
REQUIRED SAFETY EQUIPMENT FOR TEMPORARY
WORKERS DUE TO THE EFFECTS OF HURRICANE WILMA -
Page 95
November 1,2005
ADOPTED
MR. MUDD: Commissioner, that brings us to 101, which is a
recommendation to adopt a resolution approving the Hurricane Wilma
work site agreement providing federal funds under a national
emergency grant to cover the pre-screening cost, wages, and required
safety equipment for temporary workers due to the effects of
Hurricane Wilma. And Mrs. Len Price, your Administrator for Admin.
Services, will present.
MS. PRICE: Good morning, Commissioners. Len Price,
Administrator for Administrative Services.
This is a contract that we've had in place before, we used during
Charley. It allows us to bring in folks who can help us with the
cleanup efforts, and there is no cost to the county. It will be
administered through the HR department. Any other questions?
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN COYLE: No public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
Page 96
November 1, 2005
CHAIRMAN COYLE: It carries unanimously.
Item #1 OJ
RESOLUTION 2005-382: IN SUPPORT OF HURRICANE
WILMA RELIEF AND RECOVERY OPERATIONS:
RECOMMENDATION TO DIRECT THE COUNTY MANAGER
TO SUSPEND THE ENFORCEMENT OF SUBSECTIONS
2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, AND 4.02.22.C.1 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
(ORDINANCE NUMBER 04-41, AS AMENDED) RELATING TO
THE PROHIBITION OF THE PARKING OF
TRAVEL/RECREATIONAL VEHICLES IN THE DRIVEWAYS
OF SINGLE F AMIL Y RESIDENCES DUE TO THE EXTENSIVE
DAMAGE CAUSED BY HURRICANE WILMA - ADOPTED
MR. MUDD: Commissioner, the next item is item 10J. It's a
resolution to support -- in support of Hurricane Wilma's relief and
recovery operations. It's a recommendation to direct the county
manager to suspend the enforcement of subsections 2.01.00.2 and
2.03.07.J.3.A and 3.02.09.E and 4.02.22.C.1 of the land -- of the
Collier County Land Development Code, ordinance number 04-41 as
amended, relating to the prohibition of the parking of travel or
recreational vehicles in the driveways of single-family residences due
to the extensive damage caused by Hurricane Wilma.
And Mr. Joe Schmitt, the administrator for community
development's environmental services, will present.
MR. SCHMITT: Commissioners, for the record, Joe Schmitt,
Administrator of Community Development, Environmental Service
Division.
This is just simply a request to -- just to waive or suspend the
enforcement of the code to allow for travel trailers or recreational
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November 1, 2005
vehicles in those residences or homes that require -- that had extensive
damage that require repair, so --
COMMISSIONER FIALA: Motion to approve.
MR. SCHMITT: If I could please clarify though that this will
not override any deed-restricted communities. So though it's a county
ordinance, a deed-restricted community certainly can continue to
enforce based on their deed restrictions.
MR. MUDD: Or they can waive theirs.
MR. SCHMITT: Or they can waive that as well. So I think if we
take the first step, at least this will allow us to meet some of the
requirements for temporary housing.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Joe, before you leave, could you --
at these subsections, could you give us some verbiage on what
subsections here -- what's written in the subsections that we're going to
waive, or is this going to be too long of an endeavor?
MR. SCHMITT: It's basically all the areas in the code that deal
with TT /R V sand -- well, travel trailers, recreational vehicles in
residential areas.
The first one is the general area, the second had to do with the
Goodland overlay, the third area primarily had to do with specific
zonings in the code, and the fourth, again, with some other specific
zoning areas in the code. So it's just the areas throughout the code that
define the restrictions for TT /R V in residential communities.
COMMISSIONER HALAS: And how long are we going to --
MR. SCHMITT: Hundred and eighty days, Commissioner.
COMMISSIONER HALAS: Pardon?
MR. SCHMITT: Hundred and eighty days.
COMMISSIONER HALAS: Okay.
MR. MUDD: And we'll -- and we'll address based on -- and if it
has to go longer than that, we'll come back to this board and address
on an individual basis.
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November 1, 2005
MR. SCHMITT: And we will validate that based on building
permits or permits issued in regards to recovery operation. So we'll
make sure that this does not run rampant.
COMMISSIONER FIALA: My motion still stands.
COMMISSIONER HALAS: I'll second on that.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to
approve, second by Commissioner Halas.
Any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #10K
RESOLUTION DECLARING A PUBLIC INTEREST AND
NECESSITY IN REMOVING DEBRIS CAUSED BY
HURRICANE WILMA ON OR ADJACENT TO PUBLIC AND
PRIVATE ROADS THROUGHOUT THE COUNTY AND
AUTHORIZING SUCH REMOVAL OF DEBRIS BY COLLIER
COUNTY AS PART OF ITS EMERGENCY MANAGEMENT
EFFORTS IN ACCORDANCE WITH CHAPTER 252.38 (3)(A)(5),
FLA. STAT., COLLIER COUNTY ORDINANCE NOS. 84-37,
2001-45 AND 2002-50 (CODIFIED IN SECTIONS 38.56
THROUGH 38-70 IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES) AND IN ACCORDANCE WITH
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November 1,2005
PROCLAMATION/RESOLUTION NO. 2005-367 DECLARING
AND EXTENDING A STATE OF EMERGENCY FOR ALL
TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER
COUNTY, AS A RESULT OF EXTENSIVE DAMAGE CAUSED
BY HURRICANE WILMA. - RATIFYING RESOLUTION 2005-
368 THAT WAS SIGNED BY THE CHAIRMAN ON OCTOBER
28 FOR DEBRIS REMOVAL - APPROVED
MR. MUDD: Commissioner, the next item is item 10K. It's a
resolution declaring a public interest and necessity in removing debris
caused by Hurricane Wilma on or adjacent to public and private roads
throughout the county, and authorizing such removal of debris by
Collier County as part of its emergency management efforts in
accordance with chapter 252.38(3)(a)(5), Florida statutes, Collier
County ordinance numbers 84-37, 2001-45, and 2001-50, codified in
Section 38-36 (sic) through 38-70 in the Collier County Code of Laws
and Ordinances and in accordance with proclamation/resolution
2005-367 declaring and extending a state of emergency for all
territory within the legal boundaries of Collier County as a result of
extensive damage caused by Hurricane Wilma.
And, Commissioner, this is a ratification of a -- of a resolution
that Commissioner Coyle basically signed on Friday after we got the
FEMA letter, and we wanted to make sure that we were in accordance
with the FEMA letter so that we could pick up on private and public
roads as far as that debris was concerned.
COMMISSIONER HALAS: Motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas, second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: No public speakers?
Page 100
November 1,2005
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously.
Item #10L
RESOLUTION 2005-383: IN SUPPORT OF HURRICANE
WILMA RELIEF AND RECOVERY OPERATIONS:
RECOMMENDATION TO DIRECT THE COUNTY MANAGER
TO EXPAND THE NUMBER OF HOURS THAT
CONSTRUCTION ACTIVITIES MAY OCCUR UNDER SECTION
54-92 (E)(2), MAXIMUM PERMISSIBLE SOUND LEVELS OF
CONSTRUCTION SOUNDS, CHAPTER 54, CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY, FLORIDA BY
PARTIALLY SUSPENDING ENFORCEMENT OF SECTION 54-
92 (E)(2) AND ALLOWING CONSTRUCTION ACTIVITIES TO
OCCUR FROM 6:30 A.M. TO 9:00 P .M. MONDAY THROUGH
SATURDAY AND 9:00 A.M. TO 9:00 P.M. SUNDAY, WITH THE
EXCEPTION OF THANKSGIVING DAY, THROUGH
DECEMBER 23, 2005 - RESOLUTION - ADOPTED
MR. MUDD: Commissioner, that brings us to the next item,
which is item 10L. It's a resolution in support of Hurricane Wilma
relief and recovery operations. It's a recommendation to direct the
county manager to expand the number of hours that construction
Page 101
November 1,2005
activities may occur under section 54-92( e )(2), maximum permissible
sound levels of construction sounds, Chapter 54 of code of laws and
ordinances of Collier County, Florida, by partially suspending
enforcement of section 54-92( e )(2) and allowing construction
activities to occur from 6:30 a.m. to 9:00 p.m. Monday through
Saturday, and 9:00 a.m. to 9:00 p.m. Sunday, with the exception of
Thanksgiving Day, and this period would be extended from today
through December 23, 2005.
Mr. Joe Schmitt, your Administrator for Community
Development's Environmental Services, will present.
MR. SCHMITT: Again, just briefly, this is just another
emergency effort to -- or another emergency act to allow for
contractors to work extended hours to deal with the repairs. It's fairly
simple. It's in the codes of laws and ordinances.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: One question. How are we going
to enforce it after the 23rd of December, because that will be
Christmas Eve and Christmas day?
MR. SCHMITT: It will be through code enforcement, just as
always. We enforce these through the noise ordinance, through code
enforcement. Michelle Arnold is here, your code enforcement
director, if you want to discuss our normal enforcement procedures,
but it would be through code enforcement.
COMMISSIONER HALAS: My question is, are you going to,
some way or another, get this out to the media that everything will
cease on December 23rd in regards to this, and then we'll address this
issue again probably after the first of the year if we need to?
MR. SCHMITT: Yes, yes. We will make sure that this is widely
disseminated through the media --
COMMISSIONER HALAS: So that people don't work over the
Christmas holidays.
MR. MUDD: And I want to make sure that we didn't -- we didn't
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November 1, 2005
state this, but let's make sure we do. And the hours are there, but I
want to make sure that it's for the repair and restoration of structures
and buildings that were damaged by Hurricane Wilma.
MR. SCHMITT: Yes, only.
MR. MUDD: This is not a carte blanche--
MR. SCHMITT: This is not carte blanche.
MR. MUDD: -- for you to start working through building your
building, okay, that you normally scheduled, or building your road or
building your Wal-Mart or Target or whatever. This has only to do
with --
COMMISSIONER HALAS: Storm damage.
MR. MUDD: -- storage damage and repairing that stuff that was
damaged just by Hurricane Wilma.
MR. SCHMITT: It basically allows, as the county manager said,
for a roofer to do work on Sunday.
COMMISSIONER HALAS: Motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion for approval by Commissioner
Halas, second by Commissioner Fiala.
Any further discussion?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It carries unanimously.
MR. MUDD: Commissioners, you have a time certain, 12 noon,
closed executive session, and I would recommend that we go to that,
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November 1,2005
and we'll finish up those two items later this afternoon.
CHAIRMAN COYLE: Okay. We are recessed until one
o'clock.
(Luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Okay. We're back in session.
I think we're going to 10M. No, no, we have a time certain at
one o'clock.
Item #12B
DIRECTION GIVEN TO OUTSIDE COUNSEL, PAUL ULLOM,
ESQ., OF THE LAW FIRM CARL TON FIELDS, AND THE
OFFICE OF THE COUNTY ATTORNEY REGARDING
SETTLEMENT NEGOTIATIONS AND/OR STRATEGY
RELATED TO LITIGATION EXPENDITURES IN THE CASE OF
COLLIER COUNTY V. UNITED ENGINEERING
CORPORATION, CASE NO. 04-3363-CA, PENDING IN THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, NAPLES, FLORIDA, AND RECOMMENDATION
THAT THE BOARD OF COUNTY COMMISSIONERS ALSO
GIVE DIRECTION CONCERNING SETTLEMENT OR OTHER
ACTION IN RELATED DISPUTES INCLUDING WITHOUT
LIMITATION TO RELATED DISPUTES WITH THE
ENGINEERING FIRM OF METCALF & EDDY - ATTORNEY TO
ACCEPT THE SETTLEMENT OFFER - APPROVED; BOARD
GAVE DIRECTION TO THE COUNTY ATTORNEY'S OFFICE
TO CONTINUE NEGOTIATION TO PROCEED TO RESOLVE
THE CASE AND IF NEGOTIATIONS CANNOT BE MADE TO
FILE LEGAL SUIT - APPROVED
Page 104
November 1, 2005
MR. MUDD: This is 12B, sir.
CHAIRMAN COYLE: Yes.
MR. MUDD: This item is time certain at one p.m. in open
session. It's a recommendation to the Board of County
Commissioners, number one, give direction to outside counsel, Paul
Ullom, Esquire, of the law firm Carlton Fields, and the Office of
County Attorney regarding settlement negotiations and/or strategy
related to litigation expenditures in the case of Collier County versus
United Engineering Corporation, case number 04-3363-CA, pending
in the 12 (sic) Judicial Circuit, in and for Collier County, Naples,
Florida; and,
Number two, a recommendation that the Board of County
Commissioners also give direction concerning settlement or other
action in related disputes including without limitation to related
disputes with the engineering firm of Metcalf & Eddy. And Mr. Mike
Pettit, your assistant county attorney, will present.
MR. PETTIT: Good afternoon, Commissioners. For the record,
Mike Pettit, Chief Assistant County Attorney.
Weare here to seek your advice on a proposal for settlement we
have received in the lawsuit between Collier County and United
Engineering Corporation arising out of construction issues at the
South Water Treatment Plant expansion project.
At this time, generally, United Engineering Corporation has
offered to pay the county $1.8 million and release other claims that
they contend they have against the county, including a claim related to
a generator valued, at least from their perspective, at at least $1.6
million. We would then exchange mutual releases in that matter, and
that would resolve that litigation.
So we seek your advice or direction on that proposal.
CHAIRMAN COYLE: Okay. Commissioners have any
questions?
(N 0 response.)
Page 105
November 1, 2005
CHAIRMAN COYLE: Okay. Is there a motion?
COMMISSIONER COLETTA: Motion that we follow the
directions of counsel.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: -- and seconded by Commissioner Halas
that we direct the attorney to accept the settlement offer in the case of
Collier County versus United Engineering Corporation.
MR. PETTIT: Thank you, Commissioners.
CHAIRMAN COYLE: Now, do you need a motion on the
Metcalf & Eddy issue?
MR. PETTIT: Yeah. Let me just briefly address that, sir. We
also have disputes, although they are not the subject of litigation at
this time, with the engineering firm on that proj ect, Metcalf & Eddy.
We are holding $251,000 against them for errors we believe they
committed on the proj ect. We believe they may have committed
additional substantial errors. From their point of view, they believe
that they are owed that $250,000, and they also contend we owe them
an additional $1.1 million.
Weare attempting, with staff and Mr. Ullom, as lead counsel, to
negotiate those claims. They are, as I said, not the subject of
litigation.
The direction that staff and Mr. Ullom and I would like today is
this, allow us to continue to proceed to negotiate and protect the
county's interest in that dispute, and if necessary give us the leave by
your authority today through a motion, if Metcalf & Eddy will not
negotiate in good faith, to file a lawsuit against them.
CHAIRMAN COYLE: Okay. Let's take them one at a time.
We have a motion on the floor with respect to the United Engineering
Corporation case.
Any further discussion?
Page 106
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November 1, 2005
(No response.)
CHAIRMAN COYLE: All in favor please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Now, with respect to the Metcalf & Eddy case, is there a motion
to provide direction to counsel to proceed with negotiations to resolve
the case, and if Metcalf & Eddy fails to do so, that we will pursue
legal action.
COMMISSIONER FIALA: So moved.
COMMISSIONER HALAS: So moved.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala,
second by Commissioner Halas.
Any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously.
MR. PETTIT: Thank you, Commissioners.
CHAIRMAN COYLE: Okay. Thank you.
Item #10B
RESOLUTION 2005-383A: THE PLANS, SPECIFICATIONS,
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November 1, 2005
AND COST ESTIMATES CONCERNING THE PROPOSED
PROJECT TO RESTORE THE LAKE BETWEEN 107TH
AVENUE NORTH AND 108TH AVENUE NORTH, TOGETHER
WITH THE TENTATIVE ASSESSMENT ROLL AND METHODS
OF ASSESSMENT; PROVIDE ADVANCE FUNDING FOR THE
PROJECT; AND PROVIDE FOR PAYMENT OF THE SPECIAL
ASSESSMENT- ADOPTED - W/STIPULATIONS
MR. MUDD: Commissioner, that brings us to another time
certain item, and that's item lOB. This was to be heard at one p.m.
after 12B, and we're doing quite well.
Recommendation that the board approve the plan specifications
and cost estimates concerning the proposed proj ect to restore the lake
between 107th Avenue North and 108th Avenue North, together with
the tentative assessment roll and methods of assessment; provide
advance funding for the project; and provide for payment of the
special assessment.
And Ms. Diana Flagg, your Director of Alternative
Transportation modes, will present.
MS. FLAGG: Good afternoon, Commissioners. This is a project
that has been discussed at length with the property owners. The
outcome following the advertisement by the clerk and the estimation
of the plans and specifications for the proj ect is based upon the
property owners' linear foot to the lake, they would be assessed an
amount to pay for restoring the lake to an original condition.
The only question at this point is whether this project can be
established as the public purpose in order to advance the 40,000 for
the funding for the project of the property owners.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I thought that we pretty much went
over that bridge the last meeting in regards that we felt at the time
when we moved this forward that it was in the public interest. And I
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November 1, 2005
believe at that time that we established a price limit of $40,000.
So unless there's any other questions by my commissioners, I --
unless there's some other additional information that I'm not privy of,
then I make a motion that we approve this.
MS. FLAGG: Okay.
MR. MUDD: Commissioner, I'd like to interject a bit on the
public purpose, okay, because I think we need to have -- when you're
voting, you need to make sure that you're voting for that particular
item in this particular case, because you are advancing monies for this
particular proj ect.
First of all, in Naples Park drainage is a problem. Back when the
Naples Park area drainage improvement municipal service taxing and
benefit unit was established in '86, it was a problem.
They collected monies, and they basically fixed up areas around
it, from what I've been told, 9Ist and 92nd Avenues North and various
locations on Vanderbilt Drive, and phase two being reconstruction of
all the remaining roadside swales in Naples Park.
And I can't tell you where we are in that particular regard on
phase two, but I don't believe it ever got that far. So it is a bad
situation. They get a heavy rain, it floods.
In this particular case, you have a lake that's in back of these two
streets, I07th and I08th, and it basically benefits the homeowners that
circle that lake that have their drainage go to the back of their lake and
into this pond.
If this -- let's call it a pond. If this pond/lake wasn't there, then all
their drainage would go out into Naples Park, okay, and it would
exacerbate an already bad drainage situation.
In this particular case, they are trying to eradicate the vegetation
that's overgrown the lake so that it doesn't clog it up and basically
choke the lake off in that particular regard. There was some
discussion about dredging, and I don't know if they're dredging, but I
know for a fact that they are going to use a herbicide and clear the
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November 1, 2005
vegetation out so that it doesn't sit there and fill the lake up so it looses
its stormwater retention capacity.
I believe -- and I've talked to our stormwater director previous to
this and Gerry Kurts, who's the acting stormwater director about this,
and we are of the opinion if it didn't exist, that stormwater that they
have on those properties would go to a bad situation in Naples Park.
And we believe that having this lake, even though it's for only
some 40 some odd homeowners, for their benefit, it does help the
neighborhood, because those 40 homeowners aren't basically draining
out into the neighborhood. And if it didn't exist, then it would.
By using a herbicide on the lake and not letting it fill in with
vegetation, it also prevents it from becoming a vector problem, i.e.,
you don't get palm rats and other things like that that would be out into
the neighborhoods coming from this particular lake.
So with that said, I believe there is -- it -- we have to go out a
couple years and look at what happens if it didn't exist. But if you do
that, then there is a public benefit that this lake remain and serve as
stormwater retention for those 40 some odd homeowners that basically
abut it.
CHAIRMAN COYLE: But the taxation will include only the 40
owners that abut?
MS. FLAGG: That's correct.
COMMISSIONER HALAS: That's correct.
CHAIRMAN COYLE: We have a motion on the floor by
Commissioner Halas for approval. Is there a second?
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN COYLE: Second by Commissioner Coletta.
COMMISSIONER COLETTA: And that includes the
recommendations from staff?
COMMISSIONER HALAS: That includes the recommendations
from staff that's addressed, what they brought up, yes, that it would
not exceed $40,000, and approve the plan specifics, cost estimates,
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November 1,2005
tentative assessment roll, and adapt the same for the purpose of
assessing the lots and parcels within the district specifically benefited
by the lake restoration.
MR. MUDD: And it serves a public purpose.
COMMISSIONER HALAS: And it serves a public purpose.
MS. FLAGG: So that the 40,000 -- not to exceed 40,000 would
be advanced to the --
COMMISSIONER HALAS: Not to exceed 40,000, that's
correct.
MS. FLAGG: -- MSBU.
COMMISSIONER COLETTA: And that's included in my
second.
COMMISSIONER HALAS: And we're lending them the money
with the idea that these homeowners are to be assessed, and that's how
we're going to get this back. And I believe there's also a portion in
there where there's a one percent per month compounded monthly.
MS. FLAGG: Item five.
COMMISSIONER HALAS: Item -- the county, in the amount of
one percent per month, compounded monthly, or at such other
payment terms as the board seems just and appropriate.
MS. FLAGG: Correct.
COMMISSIONER HALAS: Or unpaid assessment generated --
generated interest only to the county.
CHAIRMAN COYLE: Okay. So we have a motion by
Commissioner Halas to advance an amount not to exceed $40,000 for
the purpose of restoring the lake and that it serves a valid public
purpose, and it's seconded by Commissioner Coletta.
We have two public speakers.
MS. FILSON: Yes, sir. The first one is Tom Mooney--
MR. MUDD: Mr. Mooney, Ms. Showalter--
MS. FILSON: -- he'll be followed by Jeannette Showalter.
MR. MUDD: -- you want to talk us out -- you want to talk them
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November 1, 2005
out of this particular item?
MS. SHOWALTER: I don't.
MR. MOONEY: I want to say thank you, county manager's
office, Jim Mudd, county attorney, Diane Flagg's help, and county
commissioners for approving this. Thanks.
CHAIRMAN COYLE: Thanks for your persistence.
MS. FILSON: Jeannette, did you want to say something?
MS. SHOWALTER: I just want to thank you.
MS. FILSON: That's it.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I just had, just a clarification. I
notice that even though we're going up to 40,000, that staff had
actually negotiated a contract or rather negotiated a cost down, way
down to 16,500, and I thought -- I just wanted to commend you on
that. That's great. That's going to save these homeowners a lot of
money, and I wanted to get that on the record.
And also the second thing I wanted to say was, usually in an
MSTBU or MSTU, anyway, they collect it like at the year-end tax.
But it says here that they're going to send a notification out, and then
__ and that's how they're going to pay that; is that -- I just wanted to
clarify that.
MR. KLATZKOW: It's such a small benefit unit that for keeping
of the expenses down to the homeowner, is what we'd have to put on
there, I thought that the best way to do it is simply send out invoices to
them and do it that way.
COMMISSIONER FIALA: Okay. And then it's just a one-time
fee and it's all done with it, right?
MR. KLATZKOW: All done.
COMMISSIONER FIALA: Okay, great. Thank you very much.
CHAIRMAN COYLE: Any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
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November 1,2005
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It carries unanimously. Congratulations.
COMMISSIONER HALAS: I just want to thank Diane Flagg
and the county attorney for their perseverance on this to address issues
here for the public. That's what we're here for is to make sure that we
administer the needs of the public in communities of this nature.
Thank you.
CHAIRMAN COYLE: Thanks.
Item # 10M
REPORT TO THE BOARD OF ALL EMERGENCY PURCHASE
ORDERS ISSUED UNDER SECTION XX OF THE COUNTY'S
PURCHASING POLICY IN PREP ARA TION FOR AND IN
RESPONSE TO HURRICANE WILMA - APPROVED
MR. MUDD: Commissioner, the next item is item 10M. It's a
report to the board of all emergency purchase orders issued under
section 20 of the county's purchasing policy in preparation for and in
response to Hurricane Wilma.
And Steve Carnell, your Director of Purchasing, will present.
MR. CARNELL: Good afternoon, Mr. Chairman, members of
the board, Steve Carnell.
Just briefly. The agenda item being added today is being added
to report to the board the emergency purchase authorizations that have
been issued by your purchasing department in accordance with your
purchasing policy under the emergency purchase provision as I think
the board and our community's familiar with.
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November 1, 2005
Purchases over $25,000 are traditionally authorized by the five of
you. And in this instance, because of the storm and preparations and
in response to the storm, there were a number of purchase orders that
had to be issued administratively above that $25,000 threshold.
And what we do in that circumstance is the county manager is
authorized to act, instead of the board, with the understanding that we
report these transactions to the board at the first available meeting. So
here we are today reporting those transactions, and we would
requestion your ratification of this report.
COMMISSIONER FIALA: So moved.
CHAIRMAN COYLE: Motion by Commissioner Fiala --
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: -- for approval, second by Commissioner
Halas.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously.
Item #10N
RESOLUTION 2005-384: EMERGENCY AMENDMENTS IN
SUPPORT OF HURRICANE WILMA RELIEF AND RECOVERY
OPERATIONS: RESOLUTION AMENDING THE COLLIER
COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF
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DEVELOPMENT-RELATED REVIEW AND PROCESSING FEES
AS PROVIDED FOR IN CODE OF LAWS SECTION 2-11. -
ADOPTED
RESOLUTION 2005-385: TEMPORARY BANNERS FOR
BUSINESS SIGNS UNTIL FIXED AND NOT TO EXCEED THE 6
MONTHS TIME FRAME - ADOPTED
MR. MUDD: Commissioner, the next item is item ION, and
that's an emergency amendment in support of Hurricane Wilma relief
and recovery operations.
This is a recommendation to adopt a resolution amending the
Collier County administrative code fee schedule for
development-related review and processing fees as provided for in
code and laws section 2.11.
And Mr. Joe Schmitt, your Administrator for Community
Development and Environmental Services will present.
And Commissioners, I'd ask your indulgence after this item is
executed one way or the other by the board, I'd ask Joe to give you a
quick update of a certain emergency meeting that was done yesterday
that has to do with this particular item.
MR. SCHMITT: Let me just stress -- again, for the record, Joe
Schmitt -- that what this was -- this was on your summary agenda, and
it was a fee adjustment originally just to accept the new building
valuation tables as part of the Florida Building Code.
We took the opportunity then to pull this from the summary
agenda because I had to add an emergency fee of $25 that basically
was a fee to authorize out-of-jurisdiction contractors to come into
Collier County to register for Collier County license and -- license to
operate in Collier County, so that fee was added for emergency
situations at the declaration by the Board of County Commissioners,
that if an emergency exists, we would allow out-of-jurisdiction
contractors to come into Collier County to register to work in Collier
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"'-.~.".._.^
November 1,2005
County, and that's what that fee is for.
So it's two different sections. One was addition of a $25 fee, and
the second is a -- was just the acceptance of the building valuation
tables. The redefinition of valuation tables. Those are the construction
values that are assigned as part of -- or at least the classifications that
are part of the Florida Building Code, and that's how we basically
come up with the cost of a building permit.
So without getting into much more depth, subj ect to your
questions, that pretty much concludes my presentation.
CHAIRMAN COYLE: Joe--
MR. SCHMITT: Yes.
CHAIRMAN COYLE: -- I have a question for you --
MR. SCHMITT: Yes.
CHAIRMAN COYLE: -- with respect to out-of-state licensed
contractors.
MR. SCHMITT: Good.
CHAIRMAN COYLE: First I presume that you do require that
they show you evidence of a --
MR. SCHMITT: Yes.
CHAIRMAN COYLE: -- contractors' license in another state,
but my second question is, how do we assure compliance with the
state building codes that have proven so helpful in this particular
hurricane in reducing structural damage? I understand we're going to
have inspectors, but is there any danger there?
MR. SCHMITT: Can I go back? And I hear your question,
Commissioner. But we are not allowing for out of state registration.
This is out of jurisdiction. So that would be somebody from, let's say,
Miami/Dade or somebody from Sarasota. Weare still requiring
in-state licensing that -- but it says -- what we did yesterday, and let
me --
CHAIRMAN COYLE: Well, Joe, wait a minute, let me read you
__ it says, the creation of the fee allows a licensing supervisor to issue
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November 1, 2005
contractors' licenses to out-of-county and out-of-state contract licensed
contractors.
MR. SCHMITT: Well -- and we did put that in for the fee, but
we have still not given any approval for out of state. So I can go into
the second item, I'll discussed what happened yesterday at the
Contractor Licensing Board just to put aside any concerns in regards
to out of state. So if I can -- I'll go into that.
CHAIRMAN COYLE: Are we eliminating the out-of-state
licensing?
MR. SCHMITT: If you want to illustrate that.
CHAIRMAN COYLE: Well, I don't have a problem as long as
you've got a way to safeguard against --
MR. SCHMITT: Yeah.
CHAIRMAN COYLE: -- to make sure we've got--
MR. MUDD: Commissioner, I'd eliminate it.
CHAIRMAN COYLE: Okay.
MR. SCHMITT: I'd -- I would -- then you can strike that, and
my building director here -- Bill Hammond's here, and we can discuss
all the concerns. Because I asked Jim -- I know this is going to come
up.
But yesterday at the Contractor Licensing Board, we had an
emergency meeting that authorized the -- basically under the code of
laws and ordinances, there is a portion of the law that in an emergency
__ this is your Contractor Licensing Board -- that does empower the
contractor licensing supervisor to issue and regulate selection of
contractors and subcontractors from other jurisdictions.
We went to the Contractor Licensing Board yesterday and asked
the board to approve for out of jurisdiction, not out of state, but out of
jurisdiction. And basically at least since Tuesday afternoon, we
probably had over 60, I'll say Monday afternoon, we've had over 60
out of jurisdiction tree removal and debris removal contractors. Now,
we've put a limit on that. Sixty is more than enough.
Page 11 7
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November 1,2005
But this does allow for out-of-jurisdiction roofers and other type
of contractors to come into the county to legally work within the
county, and Bill certainly can highlight any concerns in regards to
validation to ensure that they meet all the qualifications. We ensure
that they're properly insured, that they have the -- at least the proper
insurance and all the credentials necessary to ensure that the work is
done in accordance to the Florida Building Code.
CHAIRMAN COYLE: Can we say then that we're going to
provide approval for the licensing supervisor to issue contractors'
licenses to State of Florida licensed contractors regardless of what
county they're in?
MR. SCHMITT: On the fee resolution, if you want to strike out
the word state, that is fine, and we would do that.
COMMISSIONER HALAS: We want the state in.
CHAIRMAN COYLE: Yeah, want the State of Florida.
MR. SCHMITT: State of Florida.
COMMISSIONER HALAS: State of Florida.
CHAIRMAN COYLE: Out of state, we want to strike that.
MR. SCHMITT: Strike that out, okay.
CHAIRMAN COYLE: There's no confusion.
MR. SCHMITT: We will do that, strike the words out of state.
So basically it would be out of jurisdiction, which means out of
county.
CHAIRMAN COYLE: But I would prefer to say it would have
to be a Florida licensed contractor.
MR. SCHMITT: Yes. The Contractor Licensing Board did that
yesterday. All you're doing here is approving a fee for us to do that
registration.
MR. MUDD: Commissioner, we will make it quite clear --
MR. SCHMITT: Want to make it quite clear.
MR. MUDD: -- that it's only State of Florida contractors no
matter what county they're from.
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November 1,2005
CHAIRMAN COYLE: Good. That's perfect.
MR. SCHMITT: Just so you know and understand, since
Monday we've had our code enforcement folks, building inspectors
and contractor licensing out inspecting to ensure that contractors,
especially those we saw with out-of-state and even out-of-county
license plates, that they were properly insured and properly registered,
and they've been working in concert with the Department of Business
and Professional Regulation, which is your -- the state agency that
controls all the licensing processes for the trades in the building
industry .
And so we've been -- we've been extremely meticulous on that
since Monday afternoon, since the storm passed. I've had basically
almost 64 folks out pretty much doing that work for the past week.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: My question is, in regards to our
codes, how are these people that are not familiar with our codes here
in Collier County going to be held to the fire, I guess you'd say, hold
their feet to the fire to make sure that they're within the codes of the
county here?
MR. SCHMITT: Well, let me have Bill Hammond, your
Building Director, I'm going to have him tell technically. But the
building codes that we use in Collier County are the state building
codes, and that's different from the land development code.
COMMISSIONER HALAS: I understand.
MR. SCHMITT: So Bill, do you want to qualify on that, just go
ahead.
MR. HAMMOND: Good afternoon, Commissioners, Bill
Hammond, your Director of Building Review and Permitting.
And Joe Schmitt's exactly correct. Florida's very fortunate in that
we do have a uniform building code throughout the state that all the
municipalities and counties have adopted.
Collier County has not adopted any technical amendments to the
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November 1,2005
Florida Building Code, so that means what the Florida Building
Commission approved is what we -- is what we enforce, so we don't
have any special demographic or geographic requirements within our
code.
What the Contractor Licensing Board did direct the supervisor of
contractor licensing to do is to ensure that any out-of-jurisdiction
contractors that we license have all of the requisite insurance and can
have proof of comparable testing for their licenses. Comparable
testings with the same tests that we require here in Collier County.
So -- and he still -- and he will allow the supervisor of contractor
licensing to still disqualify anybody that they feel do not meet any of
those comparable test to operate here in Collier County.
COMMISSIONER HALAS: Good to hear.
MR. SCHMITT: If I could just give an example, we had one
come up to the county on Tuesday, had a janitorial for the State of
Florida, claims to have a -- that he was a general contractor and that he
was qualified in other areas. And we said, thank you very much.
Until you bring the paperwork back to validate -- because he wanted
to do debris cleanup. And we said, no, we're not issuing a permit.
So we are enforcing it. And basically our policy is to ensure that
the folks who are coming from out of jurisdiction coming here to
Collier County will do work in accordance with the criteria as defined
in the licensing procedures in the State of Florida.
COMMISSIONER HALAS: And if they don't uphold those --
those codes, will we be able to bring them forward to the Contractor
Licensing Board?
MR. SCHMITT: Absolutely, Commissioner.
COMMISSIONER HALAS: Okay. Before they leave town?
MR. SCHMITT: Well, we will deal with them.
COMMISSIONER HALAS: Okay.
MR. SCHMITT: Yes, we can deal with them either through the
Contractor Licensing Board or through the state.
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November 1, 2005
COMMISSIONER HALAS: Okay.
MR. SCHMITT: And I'm coming back to talk to you anyway
about our Contractor Licensing Board and how they work in concert
with code enforcement to do exactly those kind of things.
COMMISSIONER HALAS: Okay. Thank you.
CHAIRMAN COYLE: Okay. Is there a motion for approval?
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN COYLE: Or denial? Commissioner Coletta,
motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously. Thank you.
MR. SCHMITT: Can I ask -- take a moment to ask the board's
indulgence. There is a few other things that we may need some
guidance on.
There are a lot of signs that are blown down. Do you want us to
look at some kind of relief for banners or other type of things that
would allow for temporary use of banners because of the number of
signs closing down -- or that blew down? Again, those are violations
of the sign code. We may have to look at that.
I'm also going to be coming back to you with some definitive --
and we're going to be, through the media as well, especially with the
type of trees that can be replanted in neighborhoods.
I think there's some misinformation out there. But Ficus trees are
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November 1,2005
prohibited. They're on the exotic list now. And if a Ficus tree has
gone down, they can attempt to restand it, I have no control over that.
But we're going to put something out very definitive saying that
if you replant, you now have to meet the certain prescribed species,
and we'll be coming out -- coming back with very definitive language
on that. So I threw a couple of those out.
Also, so you know and understand, we're going to be dealing
with the build-back policy. Docks, another great example. Normally
when a dock is damaged, it's pretty much destroyed and you'll exceed
the 50 percent rule, and we'll be looking at -- at least I'll be talking to
my staff today and trying to come up with some criteria.
Pretty much, if you build within the footprint, you'll probably just
be allowed to build with a building permit if there's an inspectable
type requirement, like plumbing or electrical over water.
But if it exceeds the original footprint, again, now we're talking
about going through the normal process. So you're going to be
inundated with this probably over the next four to six to eight weeks in
regards to questions.
And it's going to be kind of -- it depends on what was there
before, the build-back policy, and how much they want to go beyond
it. Because if they go beyond it, it does trigger other requirements,
site plans, a site -- SDP or a side plan or some other type of
development order. So this is going to be tough, tough issues to deal
with.
But I would ask a questions on the signs. Do you want us to
come back with some kind of relief, at least for banners? Because we
can do that now, and at least allow folks to puts up some kind of
banner so their businesses aren't impacted. Most of the signs,
interestingly enough, the new sign ordinance, a lot of the signs did
pretty well. But some of the higher profile signs did not do as well.
And we're going to begin dealing with the conflicts there with the
code, and pretty much if they put back what was there, then they can
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November 1,2005
leave the existing sign and the existing copy.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I think that we need to
do everything we can to help businesses restore their volume that they
had before. If they're not busy, then, of course, the people that are
employed by them are out of work. So I think as a temporary measure
__ and I can't tell you how long that should be -- we should allow
banners or temporary signs to be able to identify businesses for what
they are.
CHAIRMAN COYLE: Commissioner Halas?
MR. SCHMITT: If you want to make a vote on that, I think -- I'd
turn to the county attorney, if we could have some kind of --
COMMISSIONER HALAS: I'd like to make -- in the motion, if
he would include up to six months, and then we can readdress it. But I
would think by six months, most of the people will have their signs
replaced by that point in time.
MR. SCHMITT: My sign folks came in Monday afternoon and
started working Monday afternoon with contractors on replacements,
so --
COMMISSIONER COLETTA: I think six months IS a very
generous time, and I'll include that in my motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Now, we had a motion on the
table before that we hadn't voted on.
MS. FILSON: Yeah, we voted on it. We voted on the first
motion.
CHAIRMAN COYLE: Okay, the first one. All right.
N ow we've got another motion to permit banners, temporary
banners.
MR. SCHMITT: It would be a temporary. And we, again,
would try and control that, but it would be -- certainly if the sign's
missing, the folks are going to want to advertise at least, we're open.
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November 1, 2005
And I don't need -- we don't need code enforcement --
MR. MUDD: But let's be a little more specific, okay, because if
you say six months and you say you can have banners out there, and if
their sign gets fixed, does the banner come down?
MR. SCHMITT: Banners come down.
COMMISSIONER HALAS: Banners come down.
COMMISSIONER COLETTA: Banners come down.
MR. MUDD: We want to basically say, you can have temporary
banners until your sign is fixed, no longer than six months, and I think
then you've got it pinned down.
COMMISSIONER HALAS: Then we've got it locked.
COMMISSIONER COLETTA: And I clarify my motion to say
that.
CHAIRMAN COYLE: Okay. I have a motion by Commissioner
Coletta to permit temporary banners until the primary signs are
repaired or to a maximum of six months. Seconded by Commissioner
Fiala.
And any further discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: It passes unanimously.
MR. WEIGEL: Mr. Chairman, I would ask that a resolution
number be reserved and we'll put this in written form.
MR. SCHMITT: Yeah, we'll put it in written form. Thank you,
David.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. Thank you, Chairman.
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November 1,2005
Joe, could you be a little more specific in regards to the
build-back of docks. Just what are you referring to here?
MR. SCHMITT: Well, you know, it's -- we've had this problem
before, Commissioner. It's -- we have a 50 percent rule, and our
recovery ordinance, which has been under amendment for a while,
we've never really locked down the build-back policy. So I'm
compelled to live with the existing policy, even though we have a new
ordinance out there, but it hadn't come to the board yet.
But it's the 50 percent rule. But it's hard to do it with a dock. I
mean, let's face it, you pull up the planking and chests, or the -- you're
a Navy guy -- stringers. Thank you, lost that word. Had to ask my
Navy guy here. The stringers. Normally -- I know, Jim.
Normally it's pretty easy to hit that 50 percent threshold. What
we've been doing is saying, okay, replace the decking or chests and
the stringers, we allowed them to rebuilt as long as the footprint didn't
change, so --
COMMISSIONER HALAS: Right, okay.
MR. SCHMITT: That is pretty much what we're going to be
looking at is, as long as they put the dock back where it was existing.
I would -- it appears that most of them are still going to have the
pilings in, they just need to replace the structure itself. But if they
want to replace the entire dock or enlarge it or one of those things,
then we trigger into basically a new development or a new criteria,
and we'll be putting something out specific on that as well.
COMMISSIONER HALAS: Well, I would think that just
common sense would say, if you have to start replacing the pilings,
then obviously you've got something that's more serious than just
replacing the stringers and the decking.
MR. SCHMITT: Right.
COMMISSIONER HALAS: And I don't see anything wrong
with that, or if they want to, like you said, want to exceed the -- go
outside the original footprint, then we've got a problem.
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November 1,2005
MR. SCHMITT: Right.
COMMISSIONER HALAS: But if everything is put back
exactly the way it is, I don't think there's a real problem there. I don't
know what my other commissioners think, as long as you're not
putting in pilings and everything else to replace it.
MR. SCHMITT: We -- Susan and -- Susan Murray, Bill
Hammond and I and actually Bill Lorenz, because it may trigger some
federal permits as well, we're going to meet this afternoon. We'll
come back and make sure we at least have a policy that meets the
intent of the code so that we don't inhibit the process, because
certainly we want to get people back on their feet.
COMMISSIONER HALAS: Right.
MR. SCHMITT: But it does not -- it's not under emergency
repair where you don't need a building permit. You still need a permit
because there will be inspectable items normally with that type of
work.
COMMISSIONER HALAS: Now, my other question is, you
said that if it triggers something -- a federal requirement, how could
that -- how would that fall under the picture here?
MR. SCHMITT: Well, with a dock, any time you're dealing with
a dock, you're dealing with section 10 of the rivers and harbors act or
section 404 of the clean water act that the federal permitting process
controls.
COMMISSIONER HALAS: Okay.
MR. SCHMITT: And it may require a Corps permit. And--
COMMISSIONER HALAS: We discussed that?
MR. SCHMITT: Yes. We discussed that before. We're trying to
go back and get a regional permit. But I think we can work with the
state and with the fed -- the Corps in Ft. Myers to try and expedite that
process as well. But there are going to be a lot of folks requesting
docks and dock replacements.
COMMISSIONER HALAS: Now, in getting back to the --
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November 1, 2005
putting in the pilings.
MR. SCHMITT: Yes.
COMMISSIONER HALAS: If somebody just has to straighten
them out and not put new pilings in, then I would think that would fall
under the category of not exceeding the 50 percent. Once you start
putting pilings in, then I think you get to the point of 50 percent.
MR. SCHMITT: Pretty much.
COMMISSIONER HALAS: If they can go out and straighten
them out, put new stringers in and do whatever -- everything else, then
I think they fall under the guidelines or, that they can reconstruct that.
MR. SCHMITT: And I appreciate that. I think that's a good
guidance, and we'll be looking probably -- that will probably be the
trigger.
MR. MUDD: Do I have more than one nod on that particular
issue? Is that enough?
MR. SCHMITT: I think that's a good definition, yes.
CHAIRMAN COYLE: Okay. We're finished with that item.
MR. MUDD: Yes, sir. That brings us to public comment.
MS. FILSON: We have no public comment today, Mr.
Chairman.
CHAIRMAN COYLE: Okay. I wish I could say that of
commISSIoners.
Item #15A
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: That brings us to staff -- well, we'll see, sir. That
brings us to staff and commission -- and commissioner general
communications.
CHAIRMAN COYLE: All right. Do you have anything --
MR. MUDD: Yes, sir, I do.
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November 1,2005
CHAIRMAN COYLE: -- County Manager? Go ahead.
MR. MUDD: Did you just say Commissioner or Manager
Mudd?
CHAIRMAN COYLE: No, County Manager.
MR. MUDD: Okay. Because you said that a couple times today.
I have no inkling to do that.
CHAIRMAN COYLE: Yes, okay.
COMMISSIONER FIALA: I don't blame you.
CHAIRMAN COYLE: It's just that you're beginning to talk so
much, I think you're a commissioner.
MR. MUDD: No, sir. I'm just trying to -- I'm just trying to move
this along, sir.
CHAIRMAN COYLE: All right.
MR. MUDD: Okay. First of all, yesterday was -- yesterday was
turn-back time for all the constitutionals. And I want to make sure
that the constitutionals get their recognition for turning back monies
back into the general fund as their fiscal year ended.
Now, I will tell you that Crystal, you had to have it and it had to
be yesterday in order to be statutes, but you normally get a
presentation by the constitutionals at turn-back time, okay, but they
had to turn their checks in to the clerk, and so the clerk and the
constitutionals can talk about presentation techniques next year.
But I want to make sure that we at least extend our thanks to the
constitutionals for returning dollars. And let me show you what the
grand total is. And I showed you Guy Carlton's turn-back check of
$6,865,000.
But if you take -- and I'll -- let me get this up. If you take a look
at the turn-back numbers, you have forecast over here, what we
thought the budget was going to be, actual turn-back numbers are right
here, okay, and the variance is plus to the budget.
This morning I -- so that's $5,637,111.60 into the general fund
that we had not budgeted for '06.
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The sheriff has -- and so turn-back numbers, Clerk of Court, $16
million; tax collector, 6 million; sheriff, almost $3 million; about a
half a million for the property appraiser; and a half a million for
supervisor of elections.
Commissioners, you did get a presentation this morning from Mr.
DeLony on the debris removal and the reserves. I would recommend
that those dollars that are in excess go into our reserves to help us
cover the cost of this debris removal.
You know that box, that cubic yard box that was sitting there? I
asked Mr. DeLony, I said, okay, how much does it cost for ever one of
those boxes when it's full?
He said, it could go anywhere from 30- to $40 per cubic yard.
And I said, you have a million as your estimate? I said, I'm
looking for 30 or $40 million in order to pay this bill up front in order
to get reimbursed. So we're going to need every nickel of that
particular money.
And so if you agree with me on that particular, let's wait a little
bit, let's look at this debris removal, let's not do anything with those
particular dollars as of yet, and let's see how it stands out here around
the first of January so I can give you a better idea.
CHAIRMAN COYLE: It just should go into reserves.
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Commissioner Coletta, do you have
something?
COMMISSIONER COLETTA: No. I think Mr. Mudd covered
it exactly. That's where I was going to go with it.
CHAIRMAN COYLE: All right. So we all agree that it should
go into reserves? You've got three nods on that, okay.
MR. MUDD: Commissioner, the next item I'd like to talk to you
about is the zoo. Again, this is Jim Mudd talking about the zoo
property, the Fleischmann property at Goodlette-Frank and Golden
Gate Parkway.
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Commissioners, I've received some correspondence from the
Trust for Public Lands, and they -- and they've given us a couple of
options, and I want to make sure that you know what the options are.
This is -- this is parcel number three that I have my pen on. We
would like to have parcel number three in the county so that we could
have an access road that would go over to the Gordon River so that we
could have some type of kayaking, canoeing, and then we have a
parking area.
They've been able to negotiated with the buyers of these other
parcels up here, that as long as we let them have an easement to this
preliminary road on three, that they'd be okay, and that's the only
restriction so far to the offers that have been given for these northern
parcels above parcel number three, again, which is right here.
They've also found a preliminary buyer for -- I call it the Horn of
Africa piece, but that's that little triangle piece, number 13, that sits
right here where my pen is pointing to, okay.
And in those particular cases with those chunks of property out,
this board could preliminarily pick up this parcel for around -- the rest
of the zoo property, whatever's left on the map that I didn't point to,
for around $47 million.
They've had an offer, I believe, from the Conservancy for 11 and
12, and the Conservancy's willing to do, I believe, 4 million, and that
would get your price down a little bit closer to that $40 million mark.
What I'd like to do is leave your options open. I don't believe
there's -- that any commissioner that I've talked to has real concerns
with the northern piece. They'd all like to have it, okay. Don't get me
wrong, you'd like to have it and you'd like to put it in green space, or
13 per se, and I would ask the board to keep your options open, don't
make a decision on the options, but leave all your options open.
If you leave all your options open for the remaining properties, I
need $47 million in order to cut the deal.
Now, I'm not asking you to spend the money, I'm just asking you
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for the authority for me to go out and borrow it. Now, you've already
given the county manager and Mike Smykowski and the Clerk of
Courts the ability to go out there and leverage the $40 million
referendum money for the zoo. I need to go out there and leverage
another $7 million to bring this pie up to 47.
Now, what will happen on the 15th of November, the Trust for
Public Lands will come to this Board of County Commissioners with
solid -- with solid agreements, okay, and let you have some options to
figure out what you want to piece together as far as -- as far as this is
concerned.
I believe having your options open so that you're working that
money, again, not to spend it, just to get it lined up, not to borrow it,
just to get it lined up so that if you want to, we can.
And now -- and then once you have that money, there's --
Conservation Collier is very interested in two, but you have to be the
owner of the property before they initiate takes, about 120 days after
they start their investigation to determine what they're willing to offer.
I know Big Cypress Basin is talking about retention ponds in two,
along two, so that they can do some stormwater work. They've talked
to me about, could be up to $5 million, okay?
The airport has talked about, you know, having airspace, and I
haven't heard anything other than their first initial shot, but at least
they're talking about it.
There's also the ability to go to the Florida Communities Trust
and leverage some 8 million to $9 million next September in grant
money from the state for that purpose.
Now, what we would issue leveraging, the 40 million initially,
we're going to do commercial paper, and that's my recommendation to
you, along with the $7 million, which is commercial paper. As those
other monies, promise, things come to fruition, we can take the money
off the principal.
That's the beauty of commercial paper, you can payoff the
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principal and they basically do another refinance option automatically
on your loan, so you have no penalties for early payment, and oh, by
the way, your payment, principal, and interest amounts go down based
on the amount of principal that you payoff. I wish all mortgages were
like that. It's a wonderful tool that you have in your financial toolbox.
That's my recommendation on, and I need some board direction
as far as that's concerned.
And Crystal needs to take some good notes while they're doing it.
If you need anything, they're not saying -- speak up, Crystal, please.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I'd like to see the county try to
purchase this property in the lower corner. I believe that's parcel
number 11 and 12, and I'm not sure if that includes 14 and 15. But I
think that would be an area that we need to purchase to address
whether you want to call it professional housing, workforce housing,
gap housing, or whatever, I think this would be a great start.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I couldn't agree more with
you, and also Commissioner Henning sent out a memo with about the
same kind of wording in it, and I'd like to see us look at that for the
some reason.
Cormac Giblin attended a conference attended a conference just
the other week, and I seen some examples of what we might call
affordable housing. It was beautiful housing for $125,000 a unit,
which brings it down to the point that it becomes very affordable for
our level-entry professional people.
Very excited about the idea of that, and I think we're heading in
the right direction with this.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. And I'd love to see gap
housing come into this area because that would be a good initiative,
although I'm certainly hoping that the Santa Barbara piece that we had
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for the EOC will become gap housing. I'm just --
COMMISSIONER HALAS: That included.
COMMISSIONER FIALA: -- really looking forward to that.
But you know, in this case, in this particular instance, as much as
I want to it and as much as -- being that I'm initiating this program, I'd
really like to see the land.
But you know, in this case because the voters wanted to keep this
as a central park and because this whole place is environmentally
sensitive -- and I checked a little bit with the Conservancy. They have
70 plus active tortoise burrows right there on this thing, and a lot of
upland scrub -- I think that in this case, I would rather sacrifice the
affordable housing on this piece and allow the Conservancy to buy it.
We would still get the money, but that way then, we would have
this whole contiguous piece of land that would be our down town
central park. And I think that that's something that's really important,
and I talked with Andrew Dickman yesterday.
And Andrew, would you come up, please? I hope this is okay,
Mr. Chairman.
CHAIRMAN COYLE: Sure.
COMMISSIONER FIALA: Would you come up, please, and
just give us a little overview on that.
COMMISSIONER HALAS: While he's coming up, if I may.
CHAIRMAN COYLE: Sure, go ahead.
COMMISSIONER HALAS: We, as Commissioner Henning had
put out in his letter, we had pleaded for people put money into this
thing, and now that the trust for lands has basically stepped in here
and has gotten this, I feel that we have a real crisis here in this county,
and not only are we going to use where the EOC was going to go, or
hopefully for affordable housing, but I think this would be a great
place because those people could use that as park, they can go over to
the shopping mall, they can go to the whole network down here, and I
think it would save them an awful lot of money.
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And we sure need to make sure that we take care of people here
in this county that are going to be working in this county for the
county itself, sheriffs department, EMS, and so on.
So I didn't see a lot of citizens standing up here and saying --
waiving money at us and saying, hey, we're going to buy -- help you
buy this thing, other than the fact that they went to the ballot box and
voted. So I feel that we need to take the opportunity here to look at
gap housing, whatever you want to call it. I call it professional
housing. So that's my say on this.
COMMISSIONER FIALA: Okay, Andrew?
MR. DICKMAN: Yeah. Commissioners, thank you for allowing
me a few minutes to speak to this. And what I would -- the message
that I want to give to you all is that we don't think that this is an
either/or situation. We believe that there are plenty of locations that
are appropriate for the type of housing that you are trying to locate in
the county.
COMMISSIONER HALAS: Where are they at, sir?
MR. DICKMAN: There's on Santa Barbara, there's on
Goodlette, there's locations that are plenty of places. We've taken a
few minute to pull those together. We have that. We will provide it to
you.
But the problem that we're facing here is that for over 14 months
the Blue Ribbon Committee and others worked very diligently to
bring forward to you all representations, none of which included
developing an urban development type use on this particular parcel.
They had agreed that the northern parcels would be useful to
break off in order to bring the liability down in order to make it more
affordable.
The Conservancy has negotiated with TPL. TPL would like to
see us have this property because our mission is conservation. Their
mission is conservation.
They have given us a price that we think is very high above the
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average. If you take the 166 acres that were purchased by TPL, you
do the division, and it comes out to be about $406,000 per acre. We
are offering something that's at least 25 to 30 percent higher than that.
And once again, when you look at the 166 acre, you have
developable lands, you have undevelopable lands, just as you do with
the developers out in the environmental area. We have already agreed
to strip off any kind of development use of this property, tie in to not
only our use on the conservancy campus, but also tie it into the
scheme that the voters came and voted on for the gardens, for the zoo,
and for the whole central park concept.
Noone has, in my mind, talked about over the course of -- since
2004 when the referendum came through, having an affordable
housing/workforce, middle-class housing project on this particular
piece of property.
Can you get 50 units in there? Can you get 60 units in there?
Probably . Would that be a compatible use with the open space
environmental lands that were around it? We don't think so.
And the question that is before you is, how do you take the 500
plus employees that are at the city -- you all obviously have thousands
of employees, the school board has thousands of employees that need
this kind of housing, the Conservancy have employees, including
myself, that are in that price range.
But to use this particular instance to locate 40, 50 units in this
particular site where you have only one chance to do this -- and it's not
on your dime. It's on our dime. We're willing to step in and make a
contribution to be able to tie this property in to your particular use and
bring down your liability.
The manager said that you're at around $47 million. I don't know
exactly what the -- I'm not privy to what all the numbers are. But you
know TPL is carrying about 67.5, that this would bring your liability
down by $4 million. That brings you much closer to the issue of what
the voters voted for, $40 million.
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This is a particular use that, if you agree to it, that you would be
giving the voters here the ability to have what they don't have and they
will never have, is to have seven more acres tied into what we already
have on our campus integrated into the overall park concept, and we
are committing to keeping this at a conservation level. It will not be
developed.
That is the -- and we're paying above average price in order to
conserve this. At the same time, as the concept evolves where the zoo
and the gardens -- the concept that the Blue Ribbon Committee put
forward integrated our activity with that, and i.e., you can park in one
place, you can walk from the zoo, the gardens, to us. You can drive
into an area that is native habitat that you can see the heritage of
Florida the way that it once was, as opposed to driving in or driving
around what will be a multi-family project where no one really knows
exactly what you're putting on the table.
At this time the garden central park concept has been fully vetted
in public. People have vested in that. There's been a lot of public
wrangling and discussion about the central park, save the zoo issue.
This is the first time that any issue of gap housing on this project has
come forward.
So what I'm asking you to do is to instruct your administration to
not take an option on this. FP -- or TPL is looking for that signal from
you all to not exercise an option on that.
We have -- we were the first ones to come to an agreement with
TPL on this property because they knew that our mission and their
mission were so succinct and they knew what the Blue Ribbon
Committee had come forward with in terms of a central park. We will
work with you in any capacity that we can in a broad based process to
achieve what you want to achieve with housing.
We have a vested interest in that. But we ask you that this is not
the appropriate location for that, and we ask you to -- if you are not
willing to give instruction to your administration to release their
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option on this, at least bring forward two options on the 15th with an
option on this or letting the Conservancy buy it, and in the meantime,
workshop this issue so that you can get public comment on this so that
you can say that you gave the people who voted in 2002 for the
Conservation program that you have and 2004, for the central park
zoo process.
You give them a change to come back and talk in a workshop,
and then on the 15th you vote -- you vote with full knowledge of what
the community wants.
I would prefer that today you instruct your administration to let
the Conservancy and the TPL finish their agreement, let's gets this
done, and go forward and everybody be happy.
CHAIRMAN COYLE: Yeah, I have --
MR. MUDD: Mr. Chairman, if I could interject, since this is my
communication item,
CHAIRMAN COYLE: Yes.
MR. MUDD: -- and public speakers normally aren't into
communication. And I appreciate the comments.
And I didn't really didn't appreciate TPL doing deals with people
off to the side so that it was sole source deals.
I disagree with the speaker that this -- that there's a fair price on
commercial property that's already zoned. That's malarkey, okay, and
I can get anybody to do an appraisal on those seven acres.
Okay. Those seven acres per acre is over a million dollars. And,
oh, by the way, if the central -- if the extension of 5th Avenue down
through Golden Gate happens in the City of Naples, which they are in
the push to do, then this will become the pass-around for the City of
Naples instead of 41.
If that happens, the price of this particular property will probably
be $3 million an acre for commercial in the near future.
So I want to make sure that you understand the $4 million isn't
even close to what this property, which is already zoned commercial,
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can gIve you.
The other thing I will tell you is, if you're not going to use
affordable housing densities -- and I've heard some comments between
the different commissioners on the dais today, then you don't get eight
units per acre, okay, so you're down to four, and now you need to
scratch where you're going to get some additional density if you
decide you want to do housing at all on these particular things. You
get that additional density when you take it out of commercial and put
it into residential. Okay. You know that because you deal with it all
the time.
COMMISSIONER FIALA: Sixteen units per acre.
MR. MUDD: The other thing I will not also tell you, you have
an opportunity here and it's one you don't think about, nor do I. But
you do have an urban area development rights -- transfer of
development rights process. You don't get a one for one or you don't
get a five for one, but you get something less than that.
And there is an opportunity if you decide to put a plan together
for this particular development, that you'll be able to have TDRs that
you will use in other place, not only here, but in other places like
Santa Barbara so that you can get some density in order to make some
reasonable housing options as far as that's concerned. So you have
some things that you can do here.
The only thing I'm asking you today is to give me the opportunity
to go out there and borrow enough money to keep your options open,
not to close the options. And I haven't seen TPL telling me what they
put these seven or eight acres up on the open market for and what the
offers were, because I don't believe TPL did that. I believe TPL went
straight to the Conservancy and worked this behind a closed door.
And so I'd ask you to let us have those -- the ability to get that $7
million so that on the 15th of November you can make whatever
decision you want to, but you have the full options open to you.
CHAIRMAN COYLE: Well, I have several questions that I need
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to get answered, and then I want to get to a specific issue here, so if
the commissioners will bear with me for just a few minutes.
Number one, this is purely a financial consideration. There are
decisions that must be made concerning whether it is better to have
someone buy this particular property, thereby reduce our costs for the
overall parcel so that we then could take that money and go
somewhere else and maybe get a bigger bang for the buck in
affordable housing than we could here. I don't know if those
conditions have been met. I have the same concern you have.
The thing we cannot do is make it appear that the people, the
taxpayers of Collier County, are subsidizing the purchase price for the
Conservancy, and I have talked with Andrew about this. So I want to
make sure there's full disclosure. I have been approached by the
Conservancy and they've talked with me about this.
And I've always said, we must be careful that it is a fair market
price. The taxpayers can't underwrite the purchase by the
Conservancy, but there is the possibility that the price paid by the
Conservancy would reduce our overall cost to the point where we
could go somewhere else and build more affordable housing of that
type.
But the other thing is, there's no reason to give up on affordable
housing anywhere on this commercial property up around Golden
Gate. There's every reason to expect that anyone who buys that would
come in with a mixed-use development proposal and hopefully have
affordable housing or professional housing somewhere in that
component.
So we can get, I believe, the so-called gap or professional
housing also in those parcels four, five, six, seven, eight, and nine, so
we shouldn't give up on that.
But now, I'm unconcern on what's happening with 14 and 15,
Jim, and also with the parcel in the median at Fleischmann Boulevard
and U.S. 41. Where is that included in the purchase?
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MR. MUDD: Commissioner, I've just described to you the
options that are there and the parcels that they were basically peeling
off. The rest of -- and the Fleischmann Boulevard piece that's up at
the top?
CHAIRMAN COYLE: Yep.
MR. MUDD: That's included.
CHAIRMAN COYLE: Oh, it is included?
MR. MUDD: That's included.
CHAIRMAN COYLE: Okay.
MR. MUDD: Okay.
CHAIRMAN COYLE: And 14 and 15 are included?
MR. MUDD: The piece I don't know about are 14 and 15, but I
believe they're included.
CHAIRMAN COYLE: Okay. Well, I'd like to get a better
understanding of that. And just so -- I know what you're asking us to
do today, and that is just to give you some borrowing power, and I
think that's wise, and I'm going to vote in favor of that.
But if we have plans for 11 and 12, we must do the financial
analysis which says, we can do it cheaper here than we can do it
anywhere else under the circumstances, or alternatively it's better for
us to get some money out of this and take that money and build some
professional housing somewhere else. One of those two alternatives
should be evaluated, and we should be able to reach a conclusion on
that.
MR. MUDD: Yes, sir. The only -- the only thing I would -- the
only piece of the argument that you're making or the statement that
you're making that's a little bit fuzzy for me is the fact that you have a
referendum from the voters for $40 million.
And I believe every bit of money that you get back from
Conservation Collier, from Big Cypress Basin, or for the Florida
Community Trust, you deduct it from the price and get it down so that
they have less of a tax burden, and you give them the benefit of that
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money back. So I don't believe you get any money to go buy
additional land anyplace. I believe it's all -- it comes back to the
taxpayers as a refund or a tax that isn't collected in the future.
CHAIRMAN COYLE: That would be true if you were not
asking for additional financing authority right now.
MR. MUDD: There's about $7 million that you have to play
with, yes, sir.
CHAIRMAN COYLE: Okay. Now, so you're talking about $7
million in addition. And my point is, is it better to have someone
purchase that property and thereby forego that additional borrowing
amount and then use the money thereby saved to create an opportunity
for professional housing elsewhere? So that's the thrust of my
question. And so with that, I'll stop beating this horse.
But it's -- no. There's one other point. What I do -- what I do not
understand is how anybody can make a proposal for those parcels,
four, five, six, seven, eight, and nine without knowing what kind of
densities we're going to permit on that property. It does us no good to
have somebody purchase that property and then have it sit vacant or
get it turned into something else because they can't afford to build the
density that they wanted to build there, okay. And--
MR. MUDD: Commissioner, are you giving me authority to go
for $27.5 million instead of 7? Because you're Talking us out of a deal
right now.
CHAIRMAN COYLE: No, no, I'm not. I am suggesting that
what we might want to do is to find out, you, somebody, find out from
TPL, what the expectations are of that. And I think that if the
expectations are too high with respect to density, we need to tell
somebody that.
MR. MUDD: Commissioner, the only -- the only caveat in this
agreement -- let me say it one more time. The only caveat that I've got
right now in an agreement is on parcel three, and that is to have access
on parcel three for these properties. That's the only -- that's the only
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stipulation that the buyer has, the only stipulation.
Nothing with density, nothing with zoning. One stipulation, an
easement to get on our road if and when we build it in order to get to a
recreational site on the Gordon River.
And I know Norman's got some issues about it being too close,
and it could be a right in or something, but we'll work through that
particular process as we go along.
CHAIRMAN COYLE: Okay. All right. Let's get back to the
other commissioners who had some questions.
Commissioner Halas?
COMMISSIONER HALAS: My concern is I think this is a
golden opportunity for public lands, and public in the sense that the
county buys this to address a very serious problem. When I even have
people come to my office to discuss their abilities not to be able to
hire engineers to come to this county to work because the price of
homes are too high, I think then we've got a -- we're into a serious
mode.
When people in the county -- when we try to fill positions here in
the county, and we're finding it more and more difficult for
professionals to come here and work in the county, because there's no
affordable housing.
And this affordable housing is something that we have control
over year after year after year, and it's not just a one-time deal,
because we own the land. They purchase the residence, and then at
such time as when they sell it, there's stipulations, whatever those
stipulations may be.
If they add -- they add attractiveness to the residence, that they
get to take that out, plus maybe three percent per year.
When you look at this -- this particular piece of property and you
also look at the piece of property on Santa Barbara, I think that helps
address the issues of being able to bring people in here from EMS and
the sheriffs department and from -- for county employees. And I
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think that we really need to address this -- and also medical people
that are going to be in here administer to our needs for the residents
here in Collier County.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. Very good,
Commissioner Halas, about -- I think you summed it up quite well.
But first I think we need to recognize that the Conservancy has
been doing a wonderful job on the part of the residents of Collier
County, what they do well, preserving the land. They've been very
instrumental in interceding on behalf of the public.
And if I was up there, like you are today representing the
Conservancy, I'm sure I would be trying to get this parcel as a factor
as far as your future growth goes; however, with that said, I think it's
an opportunity that's not going to present itself, to be able to put some
workforce people within range of the City of Naples, rather than have
to burden our road system worse than it has been.
I mean, we have to start someplace. Now, yes, we can buy land a
lot cheaper up in northern Glade County. We probably could get land
-- quite a bit of land for this kind of money. But that's the answer
that's the wrong answer, and we cannot be putting these people on a
road system that doesn't exist and transporting them over dozens of
miles and on the road for hours on end to be able to reach the
Metropolitan part of Collier County, which is the City of Naples.
We need to be able to do something, and this is the first step. Is
it expensive? You're dam tootin'. It's very expensive. But the
benefits, the long-range benefits over a period of time are -- it's going
to come back. It's going to come back to us manyfold, and we've got
to start looking at this with an open eye and approaching this thing
with -- looking for a solution.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm wondering, are there other
pieces on here that are not so contiguous to the very environmentally
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November 1,2005
sensitive lands that we could instead purchase?
CHAIRMAN COYLE: Not that has access.
COMMISSIONER FIALA: Well, that number three, though,
gives them all access. And you know, they could even have access off
Golden Gate Parkway.
What I'm saying is, I agree with the commissioners, this would
be a wonderful thing to have right close to downtown. When they talk
about affordable housing, they really shouldn't ever talk about sheriffs
office or EMS or medical, because they don't ever qualify for
affordable housing, but maybe for professional housing as they've so
nicely said.
I just feel that this piece of property -- and Jim Mudd said, we
would $7 million for it. That's a million dollars per acre for affordable
housing. That's a lot of money per acre for affordable housing. You
don't usually see anything like that. But anyway -- and that's before
you've done a thing, before you've put a shovel in the ground.
And I just feel that it's a very high price. But if we, indeed, want
affordable housing in this area, what about one of these other pieces
instead that wouldn't be involved right here, right in the heart of all of
this environmentally sensitive land that the voters have chosen, have
voted to buy because they wanted to retain it. Now we would __
wouldn't be interrupting this wonderful park that we've planned for
ever and ever.
I mean, I have a little note on the back door there when we come
in. Your vote today affects somebody's life, somebody's home, or
somebody's community forever.
So no matter what we say we're going to do, if we want this park,
you know, then we should -- and we should, because we don't have
another opportunity . We can never get the land back, but we can buy
some of these other parcels instead. If we have 7 million bucks, let's
buy one of those instead and put the -- so we still have the housing
there, but now it will be on the road, they can get to Golden Gate
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November 1,2005
Parkway or wherever, and we've still got this piece that's still involved
with the environmentally sensitive lands.
COMMISSIONER HALAS: Commissioner, that's -- I think
that's zoned commercial at the present time down there.
CHAIRMAN COYLE: Some of it's multifamily, but it's--
COMMISSIONER FIALA: So is this zoned commercial.
MR. MUDD: Commissioner, the only -- the commercial piece
that you've got is 12 and 11, I believe, that's sitting down there.
Fourteen and fifteen are residential.
COMMISSIONER FIALA: Right. But what about nine, seven,
four?
MR. MUDD: The other options that I received from TPL weren't
there. They got bids for the entire package for somebody else.
Commissioner, if you want to have options, buy the whole thing
for 67- five, and then you could do whatever you want with it and you
can parcel this stuff out. But I don't believe those are the options that
I've got from TPL, so I don't have the latitude right now to pull out a
piece and say we're going to go pick it up for something else.
CHAIRMAN COYLE: The only thing you're asking us to do
today is give you authority to do some short-term borrowing.
MR. MUDD: I basically showed you the parcels above three and
number 13 that they have got deals with, okay, with -- and they put it
out on the open market, they've taken the best offers that they have.
And when you take those particular items out, they come in at around
$47 million.
COMMISSIONER HALAS: Do it.
CHAIRMAN COYLE: Okay. Now, the Conservancy has sat
down with TPL -- and this the second option -- and said they'll pay $4
million for 11 and 12; 4 million, not 7, $4 million. So you still have
above 40 million to deal with with this particular purchase. I just want
to keep your options open.
COMMISSIONER FIALA: But we do have other money
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November 1,2005
flowing in in --
MR. MUDD: Ma'am, you have nothing yet until some other
people make decisions and belly-up to the bar. I have nothing in -- I
have nothing in writing. The Blue Ribbon Commission was supposed
to give us money on the table, and I've got some people that have said,
well, we might. And I still have to get the might into something
concrete to bring dollars in.
You have no guarantee that you'll get the Florida Trust money.
You've got no deal or contract with Big Cypress Basin. And oh, by
the way, if Big Cypress Basin wants a piece or two, I'm not too sure
that Conservation Collier's going to pay a whole lot for number two.
And when Conservation pays you, they're not going to pay you market
value. They're going to pay you for Conservation value, which is
significantly different than what the bid is. So I don't think you'll get a
lot of money in that particular regard either.
CHAIRMAN COYLE: Well, so that we can bring this to a close
and get back to addressing the specific issue --
MR. MUDD: I just need $7 million authority.
CHAIRMAN COYLE: Can we give you three nods on whether
or not you have the authority to go out and pursue short-term
borrowing for $7 million? Now, wait a minute. Don't go away with
that.
MR. MUDD: Okay.
CHAIRMAN COYLE: I would like to also ask you to conduct a
financial analysis on parcels 11 and 12 so that you fully inform the
board as to how many affordable units you can put in there, how much
is it going to cost, and how is it going to be administered.
COMMISSIONER HALAS: And what the going price is for the
property -- what the property would be really worth?
CHAIRMAN COYLE: Yeah. And if you can do that, then we
will have a better handle on what that cost is going to be.
And Commissioner Coletta?
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November 1,2005
COMMISSIONER COLETTA: Yes. I just want to go back on
another subject Jim Mudd hinted to for one moment, the possibility --
and I'm not saying that we do it. I just want to discuss it for a
moment.
Purchase the whole thing for 67, and maybe be able to control
what goes into the top part. We will still write off the cost and
everything. We're talking about maybe some mixed-use might be able
to go in there. Maybe was the word, and that's what turned me off,
you know, because maybe doesn't mean anything. There's no
guarantees.
But if we were to possibly consider buying the whole thing and
still keep this particular configuration as far as how we'd break it up,
be able to go control to a larger degree what does go in there and how
they have the mixed-use, and then at the ante-up to the Conservancy
to something that's more realistic for the value of the land, we might
be able to come out not only with affordable housing, but at a cost of
$40 million. Just a thought.
MR. DICKMAN: Mr. Chair?
COMMISSIONER HALAS: Well, another problem we've got is
we've got to pay for cost of this hurricane, so we don't very any --
CHAIRMAN COYLE: The only thing we're deciding today is
whether or not the county manager has authority to borrow --
COMMISSIONER HALAS: Let's give it to him.
CHAIRMAN COYLE: -- $7 million, okay? Are there three
nods?
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: Okay. Now, anything else with respect
to which parcels we buy and everything else will be a subj ect of a later
discussion.
MR. MUDD: On the 150th of November, yes, sir.
CHAIRMAN COYLE: And it will be publicly advertised.
MR. MUDD: Yes, sir.
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November 1,2005
CHAIRMAN COYLE: And everybody will get a hearing on
that, and we will have a clear financial analysis on what we would do
with parcels 11 and 12, right?
MR. MUDD: Yes, sir. I will do my best. You're asking me to
tell me (sic) how much it's going to cost me to build a development on
that particular, or just tell you how many units I think you can do per
acre?
CHAIRMAN COYLE: I think we need to understand what the
financial analysis is. What we're going to charge for the units.
COMMISSIONER HALAS: You can't get that done by that
time.
CHAIRMAN COYLE: Well, you're going to have to, because in
order to make a rational decision as to whether or not you get the
property, you've got to know what the financial impact is.
MR. MUDD: Well, Commissioner, you always have the
opportunity as we work this out, if you own that particular property,
you can always work a deal out with the Conservancy later because
you own the particular property.
And then you can take some -- you can take -- try to find a
public/private partnership in order to do it. I can tell you what I
believe you can get for density on the particular item, I can tell you
what the market rate is for commercial property on that particular road
so that you know what the cost is per acre, but I don't think I can go to
what the cost per unit is going to be.
CHAIRMAN COYLE: Well, the cost per unit is fixed. You
know almost immediately what the cost per unit is, because if you're
not going to build it at that cost per unit, then you don't have housing
that is affordable for professionals. So you know what that is right?
MR. MUDD: It's between 180- and $250,000 a unit, yes, sir.
CHAIRMAN COYLE: Or probably 275 or more, maybe even
300.
COMMISSIONER HALAS: Well, then it's not affordable
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November 1,2005
housing.
CHAIRMAN COYLE: Oh, yeah, it could be.
COMMISSIONER HALAS: Not it's not.
COMMISSIONER COLETTA: No.
CHAIRMAN COYLE: Sure, it could be.
COMMISSIONER COLETTA: Out of the question.
CHAIRMAN COYLE: Sure, it could be.
COMMISSIONER HALAS: Not when somebody's making 70-
or $80,000 a year.
CHAIRMAN COYLE: No. We're talking about household
incomes, household incomes.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: So you know what the price of the house
is going to be. You know what the price of the land is likely to be.
Anybody in our staff in community development should be able
to tell us what the cost of construction is on a square footage basis.
You know, this is not brain surgery.
And then we have to -- we make the decision as to whether or not
you're going to have single-family homes, which, of course, you can't,
or you're going to have condominiums and apartments, which you
probably will have to.
So, you know, that will lead us to some final decision, okay?
COMMISSIONER HALAS: Coach homes.
CHAIRMAN COYLE: You won't get many on that small parcel,
but nevertheless.
Okay. Any other questions by commissioners?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: We've -- you got your three nods? Did
you get your three nods on the 7 million, right?
MR. MUDD: Yes, sir.
CHAIRMAN COYLE: Everybody's happy with the 7 million.
COMMISSIONER FIALA: I just thought, you know, I know
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November 1, 2005
we're going to bring it back on the 15th, but this seems to be a very,
very intense subject. Maybe we should workshop that first. Do you
think it's a good idea to sit down, even the day before the 15th, you
know, like the City of Naples does, and just workshop a particular
item. Is that something that would be possible?
CHAIRMAN COYLE: I see two negatives over here.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN COYLE: That's not likely.
COMMISSIONER COLETTA: I think our meeting time will be
more than adequate.
CHAIRMAN COYLE: Okay. Then we'll discuss those issues on
the 15th, and the county manager has the authority to pursue the $7
million.
MR. MUDD: Crystal, do you need a vote.
MS. KINZEL: No. We'll work out the details, because you're
coming back for a vote on the 15th, correct?
COMMISSIONER HALAS: Right.
MR. MUDD: Yeah, but I need to start movIng out on
commercial paper.
MS. KINZEL: I think you're fine.
MR. MUDD: Okay.
CHAIRMAN COYLE: Okay. Anything else, County Manager?
MR. MUDD: I don't dare bring up another thing.
CHAIRMAN COYLE: That one just took an hour.
MR. MUDD: Yes, sir. I want to be done.
CHAIRMAN COYLE: Do we have a public speaker?
MR. MUDD: No, sir. Thank you, Commissioners.
MS. FILSON: Yes. I have a gentleman who just registered to
speak, and I don't know if you allow speakers after communication.
CHAIRMAN COYLE: Not after the item is finished, no.
MS. FILSON: Well, it's Floyd Chapin for Wilma.
CHAIRMAN COYLE: Huh?
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November 1,2005
MS. FILSON: The subject is Wilma.
CHAIRMAN COYLE: That's under public comments. Okay.
We'll take Floyd under public comments.
MS. FILSON: Okay. Well, we've already passed that.
MR. MUDD: We've already passed public comment. We're on
correspondence, which was 15.
COMMISSIONER HALAS: We're trying to finish up.
CHAIRMAN COYLE: You're late, Floyd.
MR. CHAPIN: Wilma.
CHAIRMAN COYLE: We know all about Wilma.
MR. CHAPIN: I know you do.
CHAIRMAN COYLE: Okay. Commissioner Fiala, do you have
anything?
COMMISSIONER FIALA: Yes, just a fast. I wanted to go
thank Frank -- Commissioner Halas and Commissioner Coletta for
being up in Tallahassee yesterday and really watching over our best
interests. I know it was tough to give up a whole day like that and fly
up and back in the same day, exhausting work, and then on top of all
the cleanup from Hurricane Wilma, plus preparing for this meeting,
and I just give a tremendous pat on the back for doing that for all of
us. Thank you.
CHAIRMAN COYLE: And Commissioner Coletta?
COMMISSIONER COLETTA: This is quite unusual, but I have
no comments.
CHAIRMAN COYLE: But it's much appreciated.
Commissioner Halas?
COMMISSIONER HALAS: I have a subject that I'd like to
bring up with my fellow commissioners and also with the county
manager.
As everybody knows, we went through a trying time here with
Hurricane Wilma. And it's my understanding -- I may stand to be
corrected here -- but HR came up with the decision that all employees,
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November 1, 2005
whether they worked or were at home, were paid.
And my concern is that we called in employees because they
were essential to the operations here, and why they are not being paid
overtime because I think that we have the ability to charge this back to
FEMA for reimbursement, and maybe someone can enlighten me on
this.
MR. MUDD: Are you talking about the pay policy, sir?
COMMISSIONER HALAS: Yes, sir, pay policy.
MR. MUDD: Pay policy is -- and Len, could you come on up.
We talked about this a little bit at lunch as we're working through --
working particular issues. But we normally do straight time, okay.
There are -- people are -- people are positioned by being either
essential or nonessential. If they're essential, it's up to their
administrators and directors to make sure that they're compensated by
the fact, in their salary, that they are -- that they are compensated
because they are essential and they're on the essential list.
So if I had somebody of equal trait that was either essential or
nonessential, they would have a difference in pay, okay, called up or
not called up, okay. And I will tell those directors and those
administrators, if there isn't a differentiation in their pay, then shame
on them, because that should be there automatically.
In other words, it's like call-up pay. They're on call, and it's there.
So if somebody was home because we didn't have work, then
therefore they received -- yeah, they'll receive pay for being home on
work in that particular case, and there's some issues with compo time
that we're trying to get to resolved right now.
COMMISSIONER HALAS: I think there's some cases where we
had people in the lower echelon that were asked to come in, like
inspectors and so on, and I'm not sure if they're considered essential
people, but yet there was other people that stayed home and got paid.
These people come in and took from their time of cleaning up and so
on.
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November 1,2005
I just want to make sure that it's fair for everybody, and so that in
case we have another emergency and we ask people to come in and
say, hey, the heck with it, the last time other people were home
cleaning up their yards and taking care of their families, and we have a
problem here.
So I just want to make sure that we address this issue and it's fair
for everyone.
MR. MUDD: We are addressing the issue, sir, and I understand
your concerns. They're my concerns.
COMMISSIONER HALAS: Okay.
MR. MUDD: I don't want a hollow workforce when it comes out
to be a emergency because it's just as beneficial to stay home and
worry about my yard than it is to come in and worry about the
taxpayers of Collier County, and we will resolve that, and I will get
you a memo on how we're going to get that resolved.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN COYLE: County Attorney, do you have anything?
MR. WEIGEL: Yeah, one brief message, and that is, our dear
Heidi Ashton, who celebrates 13 years with our office this month,
gave birth to a little son this weekend. It's early, and she'll be out for
an indeterminate period of time, and our thoughts and prayers go out
to her with her condition at the present time.
Item #llA
FLOYD CHAPIN OF SAPPHIRE LAKES ON DEBRIS REMOVAL
CHAIRMAN COYLE: Okay. Thank you very much, David.
And I'm going to give my time to Floyd. So Floyd, you can
come up and talk, as long as you don't talk any longer than I would
have talked.
MR. CHAPIN: I'll come back tomorrow.
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November 1, 2005
COMMISSIONER COLETTA: You have to introduce yourself
as Commissioner Coy Ie though.
MR. CHAPIN: I pass. Thank you for the opportunity. Floyd
Chapin, representing Sapphire Lakes Homeowners' Associations.
First of all, I want to comment you folks, the county staff, the
sheriffs office, the fire departments for doing a superb job during this
past seven or eight trying days. I sincerely mean that on behalf of, I
think not only our community, but all the communities that have had
an opportunity to deal with you folks. It's been a pleasure to get
through some of the trying times we've had.
I do have one concern. I got in from cleaning up our association
this morning, and I heard Commissioner Coyle talk about debris
removal. Sapphire Lakes had 77 people over the past three days,
seniors like you and I, go out and help clean up our community.
We didn't put it roadside. We found one common area and
dumped it all in one common area. We got about 14 truckloads of
greens. We've lost about 266 beautiful trees. We put it all in one
location, it. Was my understanding, as I listened to you people talk
this morning, that that -- locations like that would not be picked up by
the county?
CHAIRMAN COYLE: They will not be reimbursed by FEMA
because of FEMA's guidelines, and we're sort of upset about that.
MR. CHAPIN: Thank you.
MR. MUDD: Sir, can we use the term might?
CHAIRMAN COYLE: Or will not.
MR. MUDD: Might not.
CHAIRMAN COYLE: Might not be picked. Okay. So we're
concerned about that. And the county manager's working on resolving
that problem.
We hope that the location of the trash will not be a question. It
will be the source of the debris. FEMA, for valid reasons, has
concerns that debris that did not result from the hurricane will be
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November 1,2005
disposed of at their expense, and so they have these valid concerns.
And we're trying to find a way to permit the pick-ups at areas where it
has been aggregated because we think it's easier, and we're working on
that, and we hope we can do that.
MR. CHAPIN: But it will be picked up one way or another; is
that correct?
COMMISSIONER HALAS: Well, that's what we're trying to
decide, and we're hoping --
CHAIRMAN COYLE: It will be picked up one way or the other,
yeah.
MR. CHAPIN: Okay.
MR. DeLONY: Sir, if I may? Jim DeLony, Public Administer.
Let me offer you a suggestion, Floyd. We can talk in a minute. But
what I will do is, we will link up with Floyd and his folks, we'll take
the FEMA guy down there, take a look at it and make a call on the
spot, and I'll report back to the county manager, to you, through you,
what the call is going to be.
And then if that's not suitable to the needs of the citizens, I'm sure
that Floyd will be back in here telling you what he wants you to do for
him in that regard.
We're going to, again, per your guidance and what you have
affirmed to me, is that right now, that we're going to continue to
pursue only debris which we know for certain is FEMA eligible, and
we will work the margins of that over the next several days, the
county manager I will be, to expand those margins as best we can to
fit the needs of our community.
MR. CHAPIN: Well, I can attest to you on the record or under
sworn statement that our debris is only ours because there's no more
room for anything else. It's not commercial, it's not out
neighborhoods. It's all ours, with our hands. So I --
MR. DeLONY: And I'm hoping, with a lot more hope than
anybody here in the room, that that's exactly what we're going to be
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November 1,2005
able to convince our colleagues and partners from FEMA so we can
do exactly what you want to us do, Floyd.
MR. CHAPIN: I wish you'd talk with me.
MR. DeLONY: We'll get on one-on-one.
MR. CHAPIN: Thank you very much.
MR. DeLONY: Commissioners, does that --
MR. CHAPIN: I solute all you folks. You've done a great job.
MR. MUDD: Commissioners--
CHAIRMAN COYLE: Well, we appreciate the cooperative
spirit of the citizens of Collier County. The people have just been
wonderful, with the exception of very, very small number of whiners,
but --
MR. CHAPIN: You get that anywhere.
CHAIRMAN COYLE: Yeah, we get those all the time. But
most of the citizens have been wonderful. It's a self-sufficient county.
MR. CHAPIN: You folks have been likewise. And I want to
make one other comment. I didn't talk as long as you did.
CHAIRMAN COYLE: The next time I'm not going to let you
speak, Floyd.
MR. MUDD: The real question is, Floyd, how'd the carrot trees.
MR. CHAPIN: The carrot trees --
COMMISSIONER FIALA: What's a carrotwood?
MR. MUDD: Floyd, how'd your carrotwood trees do?
MR. CHAPIN: We lost about eight of them.
COMMISSIONER HALAS: Good. You can't plant them.
MR. CHAPIN: We're in good shape.
CHAIRMAN COYLE: That's good, Floyd. I'm happy to hear
that.
MR. MUDD: Those were the exotics that we had a problem with
at one time, and they lost part of them, so it was -- they kept them
because they were already planted and they were mature, but it was
one of those issues. And they were pretty trees.
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November 1,2005
CHAIRMAN COYLE: All right. No other comments, then we
are adjourned. Thank you very much.
***** Commissioner Halas, seconded by Commissioner Fiala and
carried unanimously, that the following items under the Consent and
Summary Agendas be approved and/or adopted: * * * * *
Item #16A1
RESOLUTION 2005-369: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "VENEZIA GRANDE ESTATES".
THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item #16A2
RESOLUTION 2005-370: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS TO
THE FINAL PLAT OF "KENSINGTON PARK PHASE FOUR".
THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A3
RESOLUTION 2005-371: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "KENSINGTON GARDENS". THE
ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
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November 1, 2005
MAINTENANCE SECURITY
Item #16A4
RESOLUTION 2005-372: FINAL APPROVAL OF THE
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF "SABAL BAY COMMERCIAL PLAT,
PHASE TWO" (THOMASSON DRIVE) - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A5
RESOLUTION 2005-373: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "KENSINGTON PARK PHASE
THREE-C". THE ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /
RELEASE OF THE MAINTENANCE SECURITY
Item #16A6
RECORDING THE FINAL PLAT OF "COTTESMORE",
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY -
W/STIPULATIONS
Item #16A7
RESOLUTION 2005-374: FINAL APPROVAL OF THE
ROADW A Y (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT
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November 1,2005
ONE". THE ROADWAY AND DRAINAGE IMPROVEMENTS
WILL BE PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A8
RESOLUTION 2005-375: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "VENEZIA GRANDE ESTATES".
THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIVATELY MAINTAINED
Item #16A9
AN AGREEMENT FOR SALE AND PURCHASE WITH
ROSEANNA T. LOCKWOOD, TRUSTEE OF THE LOCKWOOD
FAMILY REVOCABLE TRUST DATED NOVEMBER 6, 1991
FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM, AT A COST NOT TO
EXCEED $46,000 - GOLDEN GATE ESTATES UNIT 65
(WINCHESTER HEAD MULTI-PARCEL PROJECT)
Item #16A10
AN APPLICATION FOR REIMBURSEMENT OF A PORTION OF
IMPACT FEES IN THE SUM OF $70,017.43, DUE TO THE
OVER-COLLECTION OF IMPACT FEES, BASED ON AN
INCORRECT LAND USE CLASSIFICATION - FOR THE
NAPLES BUSINESS & STORAGE PARK; MANAGED BY HKZ
ENTERPRISES, LLC
Item #16A11
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November 1, 2005
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
CRYSTAL LAKE TERRACES PHASE THREE - W/RELEASE OF
THE UPS
Item #16A12
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR OLDE CYPRESS, UNIT ONE - W/RELEASE
OF THE UPS
Item #16A13
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR VENEZIA GRAND ESTATES - W/RELEASE
OF THE UPS
Item #16A14
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR SABAL BAY COMMERCIAL, PHASE 2 -
W/RELEASE OF THE UPS
Item #16A15
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
KENSINGTON PARK, PHASE FOUR - W/RELEASE OF THE
UPS
Item #16A16
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
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November 1,2005
KENSINGTON PARK, PHASE 3-C- W/RELEASE OF THE UPS
Item #16A17
RATIFY THE COUNTY MANAGER'S APPROVAL OF AN
ACCESS REQUEST AND RELEASE FORM ALLOWING
FLORIDA NATURAL AREAS INVENTORY STAFF TO ACCESS
CONSERVATION COLLIER LANDS FOR THE PURPOSE OF
CONDUCTING AN EXOTIC PLANT SURVEY, TO AUTHORIZE
THE CHAIRMAN TO SIGN THE ATTACHED ACCESS
REQUEST AND RELEASE FORM AND TO AUTHORIZE THE
COUNTY MANAGER OR HIS DESIGNEE THE SIGN ACCESS
REQUEST AND RELEASE FORMS IN THE FUTURE
Item #16A18
RECORDING THE FINAL PLAT OF "ARTESIA NAPLES",
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY -
W/STIPULATIONS
Item #16A19
PETITION AR-8445 : CARNIVAL PERMIT 2005-06, REVEREND
JOSEPH SPINELLI, O.S.A., ST. ELIZABETH SETON CATHOLIC
CHURCH, REQUESTING A PERMIT TO CONDUCT THE
ANNUAL ST. ELIZABETH SETON FESTIVAL ON NOVEMBER
9,10,11,12 AND 13,2005, LOCATED AT 2760 52ND TERRACE IN
GOLDEN GATE CITY - W /W AIVER OF REQUIREMENTS
Item #16A20
Page 161
November 1,2005
FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR
KENSINGTON GARDENS - W/RELEASE OF THE UPS
Item #16A21- WITHDRAWN
AMENDING THE COLLIER COUNTY ADMINISTRATIVE
CODE FEE SCHEDULE OF DEVELOPMENT-RELATED
REVIEW AN PROCESSING FEES AS PROVIDED FOR IN THE
CODE OF LAW SECTION 2-11, FOR THE PURPOSE OF RE-
LABELING THE BUILDING VALUATION DATA TABLE - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A22
FOUR STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
BUDGET AMENDMENTS RECOGNIZING ADDITIONAL
PROGRAM REVENUE, CARRY-FORWARD AND CLOSING
OUT GRANT YEAR 2003 AND GRANT YEAR 2004 IN THE
AFFORDABLE HOUSING TRUST FUND (191) - EXCEEDING
BUDGETED REVENUE BY $555,810 AS A RESULT OF
ACTUAL MORTGAGE PAYMENTS, MORTGAGE PAYOFFS,
AND STATE HOUSING FUNDS EXCEEDING BUDGETED
AMOUNTS
Item #16B1
FOUR ADOPT-A-ROAD AGREEMENTS FOR THE
FOLLOWING: LORI YOUNG, FLORIDA HOME REALTY-
AIRPORT ROAD 1, LORI YOUNG, FLORIDA HOME REALTY-
AIRPORT ROAD 2, LORI YOUNG, FLORIDA HOME REALTY-
RADIO ROAD AND ASAP ACCOUNTING SERVICE OF ANA
Page 162
-~'--""'.
November 1, 2005
PATINO, INC. - AT NO COST BECAUSE OF ALREADY
EXISTING SIGNS
Item #16B2
PURCHASE OF THREE (3) TRACTOR MOWERS FROM CREEL
TRACTOR COMPANY IN THE AMOUNT OF $106,370.16 IN
ACCORDANCE WITH STATE BID CONTRACT #765-900-452-
TO MAINTAIN COUNTY RIGHT -OF WAYS
Item #16B3
PURCHASE OF ONE (1) ARTICULATED MOTOR GRADER
FROM THE NORTRAX EQUIPMENT COMPANY IN THE
AMOUNT OF $142,159.17 IN ACCORDANCE WITH THE
FLORIDA SHERIFF'S ASSOCIATION OF COUNTIES
CONTRACT #05-13-0822 - TO MAINTAIN COUNTY RIGHT-
OF-WAYS
Item #16B4
PURCHASE OF ONE (1) BULLDOZER FROM THE NORTRAX
EQUIPMENT COMPANY IN THE AMOUNT OF $143,867.01 IN
ACCORDANCE WITH THE FLORIDA SHERIFF'S
ASSOCIATION OF COUNTIES CONTRACT #05-13-0822 - TO
MAINTAIN CANAL BANKS AND COUNTY RIGHT-OF-WAYS
Item #16B5
RESOLUTION 2005-376: SUPERSEDING AND REPLACING
RESOLUTION NUMBER 2003-134 IN ORDER TO EXPAND
AND REDEFINE A "NO PARKING" ZONE ALONG GRIFFIS
Page 163
November 1, 2005
HIGHWAY, COMMONLY KNOWN AS CAPRI BOULEVARD,
AT A COST OF $800 - DUE TO NARROW PASSAGES THAT
HA VE CREATED TRAFFIC SAFETY HAZARDS FOR DRIVERS,
PEDESTRIANS AND COULD ENCUMBER EMERGENCY
VEHICLE TRAVEL FOR THE AREA TO EXTEND SOUTH
FROM THE PUBLIC PARKING AREA TO HILO DRIVE ON THE
EAST ASIDE OF CAPRI BLVD. AND FROM NORTH OF THE
FIRE STATION DRIVEWAY SOUTH TO HILO DRIVE ON THE
WEST SIDE OF CAPRI BLVD. IS THIS WAY TOO WORDY??
Item #16B6
CHANGE ORDER NO.2 TO PROFESSIONAL SERVICES
AGREEMENT NO. 03-3509 IN THE AMOUNT OF $310,540 FOR
ADDITIONAL ENGINEERING SERVICES WITH AMERICAN
CONSULTING ENGINEERS OF FLORIDA, LLC FOR DESIGN
ADDITIONS AND MODIFICATIONS TO THE GOODLETTE-
FRANK ROAD EXPANSION PROJECT FROM GOLDEN GATE
PARKWAY TO POMPEI LANE, PROJECT, PROJECT NO. 60005
- AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B7
PURCHASE OF FOUR (4) CREW CAB FLAT BED DUMP
TRUCKS IN ACCORDANCE WITH COLLIER COUNTY BID
#04-3591 FROM WALLACE INTERNATIONAL TRUCKS IN
THE AMOUNT OF $256,880.96 - TO ENHANCE THE DAILY
REP AIR AND MAINTENANCE ON COUNTY ROADWAYS
AND RIGHT-OF-WAYS WITHIN THE ROAD MAINTENANCE
DEPARTMENT
Item #16B8
Page 164
November 1,2005
STAFF TO ENTER INTO A WORK ORDER IN THE AMOUNT
OF $176,548 WITH JOHNSON ENGINEERING, INC. FOR THE
DESIGN, PERMITTING, AND CONSTRUCTION ENGINEERING
AND INSPECTION SERVICES OF THE FLORIDA POWER AND
LIGHT (FP&L) GREENWAY FROM RATTLESNAKE
HAMMOCK ROAD TO RADIO ROAD, PROJECT #69081 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16B9
PURCHASE TWO (2) 20-CY DIESEL POWERED DUMP
TRUCKS IN ACCORDANCE WITH COLLIER COUNTY BID
#05-3731 FROM WALLACE INTERNATIONAL TRUCKS IN
THE AMOUNT OF $193,280.24 - TO ENHANCE THE DAILY
REP AIR AND MAINTENANCE ON COUNTY ROADWAYS
AND RIGHT-OF-WAYS WITHIN THE ROAD MAINTENANCE
DEPARTMENT
Item #16C1
BID NO. 05-3872 FOR REINFORCEMENT OF DRIVEWAYS
FOR THE RESIDENTIAL TRASH COLLECTION & DISPOSAL
PROGRAM TO NR CONTRACTORS, INC. ESTIMATED VALUE
OF $200,000 FROM THE MANDATORY TRASH COLLECTION
FUNDS - TO REINFORCE AND REPAIR DRIVEWAYS THAT
ARE USED AS TURN-A-ROUNDS BY TRASH COLLECTION
HAULERS
Item # 16C2
BUDGET AMENDMENT RETURNING EXCESS GRANT
Page 165
November 1,2005
PROCEEDS FOR THE PETROLEUM CLEAN CONTRACT
GC623 BACK TO THE STATE OF FLORIDA
Item #16C3
BID #05-3871, SOUTH COUNTY INFLOW AND INFILTRATION
REPAIR SERVICES & INSTALLATION OF NEW INTERIOR
MANHOLE CHIMNEY SEALS AND MANHOLE
REHABILITATION TO D.N. HIGGINS, INC. FOR COUNTY-
WIDE MAINTENANCE OF MANHOLES IN THE ESTIMATED
ANNUAL AMOUNT OF $803,300 FROM PROJECT NO. 725001 -
TO MINIMIZE THE INFILTRATION AND INFLOW OF
STANDING WATER INTO THE WASTEWATER SYSTEM
Item #16C4
AN AMENDMENT TO WORK ORDER JEI-FT -05-02-A FOR THE
CONSTRUCTION ENGINEERING INSPECTION SERVICES TO
JOHNSON ENGINEERING INC., (JEI) TO INSPECT THE
CONSTRUCTION OF THE WATER MAIN ON U.S.41 IN THE
AMOUNT OF $164,758, PROJECT #71059 - FROM
RATTLESNAKE HAMMOCK ROAD TO BAREFOOT
WILLIAMS ROAD
Item #16C5
BLANKET PURCHASE ORDER WITH U.S. FILTER FOR
MAINTENANCE AND REPAIR OF ODOR CONTROL UNITS AT
BOTH THE NORTH COUNTY RECLAMATION FACILITY AND
THE SOUTH COUNTY WATER RECLAMATION FACILITY, IN
THE AMOUNT OF $145,094 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Page 166
November 1, 2005
Item #16C6
BID #05-3882, ANNUAL GENERATOR REPAIR,
MAINTENANCE & INSTALLATION TO POWER PRO-TECH
SERVICES, INC. FOR COUNTY-WIDE MAINTENANCE OF
EQUIPMENT IN THE ESTIMATED ANNUAL AMOUNT OF
$350,000 - ENABLING GREATER PRODUCTIVITY FOR STAFF
TO PERFORM OTHER TASKS WHILE ENSURING RELIABLE
SOURCES OF EMERGENCY POWER FOR COUNTY
DEPARTMENTS DURING UNEXPECTED POWER
INTERRUPTIONS
Item #16Dl - Continued to the November 15,2005 BCC Meeting.
AN AGREEMENT WITH COLLIER COUNTY CHILD
ADVOCACY COUNCIL TO PROVIDE SUPERVISED
VISITATION SERVICES IN COLLIER COUNTY. SERVICES
WILL BE REIMBURSED THROUGH A GRANT AWARDED BY
THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE
ON VIOLENCE AGAINST WOMEN IN THE AMOUNT OF
$125,000 - TO EXPAND AND ENHANCE THE SERVICES OF
THE EXISTING LOCAL VISITATION CENTER FOR THE
CONTRACT PERIOD OF SEPTEMBER 1,2005 THROUGH
AUGUST 31, 2006
Item #16El
FOURTEEN (14) ADDITIONAL CLASSIFICATIONS AS FRS
SENIOR MANAGEMENT POSITIONS, MODIFICATIONS AND
ADDITIONS TO THE DEFERRED COMPENSATION MATCH,
AND THE ADDITION OF RETIREE HEALTH INSURANCE
Page 167
November 1,2005
PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY
Item # 16E2
CONVEYANCE OF AN EASEMENT TO FLORIDA POWER
AND LIGHT COMPANY FOR THE INSTALLATION OF
ELECTRICAL FACILITIES TO SERVE THE V ANDERBIL T
BEACH PARKING GARAGE, AT A COST NOT TO EXCEED
$27.00, PROJECT #90295
Item # 16E3
WAIVE FORMAL COMPETITION AND USE EASTON POWER
QUALITY CORPORATION FOR SERVICES OVER $25,000 FOR
THE PURCHASE OF UPS BACK-UP BATTERY SYSTEMS AND
THE MAINTENANCE AND WARRANTY OPERATIONS OF
THESE SYSTEMS - FOR ALL COUNTY OWNED BUILDINGS
AND ASSETS
Item #16E4
BID #05-3880 "WATER TREATMENT SERVICES/CHEMICALS
FOR COOLING TOWER TO AQUASURE, INC. FOR WATER
TREATMENT SERVICES/CHEMICALS FOR COOLING
TOWERS - FOR EXPENSES AVERAGING $34.000 ANNUALLY
Item #16E5
BID #05-3857 FOR THE PURCHASE AND INSTALLATION OF
FLOOR COVERING TO WAYNE WILES CARPETS, INC. D/B/A
WAYNE WILES FLOOR COVERINGS (AS PRIMARY VENDOR)
AND LP GROUP, INC. D/B/A CARPET & MORE (AS
Page 168
November 1, 2005
SECONDARY VENDOR) - FOR COUNTY OWNED
STRUCTURES
Item #16Fl
PROPOSED AMENDMENT TO TOURIST DEVELOPMENT TAX
CATEGORY "A" BEACH AND BEACH PARK FACILITIES
FUNDING POLICY - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16F2
RESOLUTION 2005 - BAR-Ol: AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2004-05
ADOPTED BUDGET
Item #16F3
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
ACCEPTING $105,806 FOR AN EMERGENCY MANAGEMENT
PROGRAM ENHANCEMENT - WITHIN COLLIER COUNTY
FOR FISCAL YEAR 2006
Item #16F4
BUDGET AMENDMENT IN THE AMOUNT OF $391,011.23 FOR
THE PURCHASE OF TWO AMBULANCES AND ONE FORD
EXPEDITION FOR REPLACEMENTS TO THE EMERGENCY
MEDICAL SERVICES FLEET
Page 169
November 1,2005
Item #16F5
CHANGE ORDER 1 TO RESEARCH SERVICES CONTRACT
#03-3538 WITH EVANS, KLAGES, INC. DATED OCTOBER 28,
2003 FOR ADDITIONAL FUNDING IN THE AMOUNT OF
$33,000 FOR A TOTAL OF $108,000 AND APPROVE CHANGE
ORDER 1 TO BE RETROACTIVE OCTOBER 1,2005 - FOR
MARKETING AND RESEARCH AND TO EXTEND THE
CONTRACT TO SEPTEMBER 30, 2006
Item #16F6
THE PURCHASE OF GOVMAX SOFTWARE ($45,000 PER
ANNUM) FOR BOTH THE OPERATING AND CAPITAL
MODULES - FOR A STATE OF THE ART BUDGET
SOFTWARE PACKAGE TO PROVIDE FLEXIBILITY AND
FUNCTIONALITY TO MEET THE COUNTY'S NEEDS
Item #16G1
SERVICE CONTRACT OF THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AGENCY
EXECUTIVE DIRECTOR - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16H1
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
FOR ATTENDING THE FRIENDS OF THE
DEVELOPMENTALL Y DISABLED INAUGURAL FUND
RAISER ON NOVEMBER 5, 2005 IN THE AMOUNT OF $50.00
TO BE PAID FROM THE COMMISSIONER'S TRAVEL
Page 1 70
November 1, 2005
BUDGET - TO BE HELD AT THE V ANDERBIL T COUNTY
CLUB
Item #16H2 - Withdrawn
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
FOR ATTENDING THE BONITA SPRINGS NOON ROTARY, AS
A SPEAKER, ON NOVEMBER 3, 2005 IN THE AMOUNT OF
$14.00, TO BE PAID FROM THE COMMISSIONER'S TRAVEL
BUDGET
Item #16H3
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
FOR ATTENDING THE 2005 SOUTHWEST FLORIDA BLUE
CHIP COMMUNITY BUSINESS AWARD RECOGNITION
BREAKFAST ON NOVEMBER 3, 2005 IN THE AMOUNT OF
$10.00, TO BE PAID FROM THE COMMISSIONER'S TRAVEL
BUDGET - HELD AT THE HILTON NAPLES & TOWERS
Item #16H4
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
FOR ATTENDING THE AVE MARIA UNIVERSITY & TOWN
GROUNDBREAKING AND RECEPTION ON NOVEMBER 1,
2005 IN THE AMOUNT OF $20.00, TO BE PAID FROM THE
COMMISSIONER'S TRAVEL BUDGET - HELD AT 5100 CAMP
KEAIS ROAD
Item #16H5
COMMISSIONER HENNING REQUESTS REIMBURSEMENT
Page 171
November 1, 2005
FOR ATTENDING THE EDUCATION FOUNDATION
BREAKFAST FEATURING REPRESENTATIVE DUDLEY
GOODLETTE AS SPEAKER ON OCTOBER 26, 2005 AT THE
HILTON HOTEL, IN THE AMOUNT OF $18.95 TO BE PAID
FROM THE COMMISSIONER'S TRAVEL BUDGET
Item #16H6
COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR
ATTENDING THE AVE MARIA UNIVERSITY & TOWN
GROUND BREAKING CEREMONY AND RECEPTION ON
NOVEMBER 1, 2005 AT 5100 CAMP KEAIS ROAD, IN THE
AMOUNT OF $20.00 TO BE PAID FROM THE
COMMISSIONER'S TRAVEL BUDGET
Item #16H7
COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR
ATTENDING THE ROOKERY BAY ENVIRONMENTAL
LEARNING CENTER CUBAN CARIBBEAN COOKOUT &
COCKTAIL PARTY ON OCTOBER 26,2005, IN THE AMOUNT
OF $20.00, TO BE PAID FROM THE COMMISSIONER'S
TRAVEL BUDGET - HELD AT ROOKERY BAY, 300 TOWER
ROAD
Item #16H8
COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR
ATTENDING THE BLUE CHIP RECOGNITION BREAKFAST
ON NOVEMBER 3, 2005 AT THE HILTON NAPLES & TOWERS,
IN THE AMOUNT OF $10.00 TO BE PAID FROM THE
COMMISSIONER'S TRAVEL BUDGET
Page 1 72
November 1,2005
Item #16H9
COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR
ATTENDING THE AVE MARIA UNIVERSITY & TOWN
GROUND BREAKING CEREMONY AND RECEPTION ON
NOVEMBER 1,2005 AT 5100 CAMP KEAIS ROAD, IN THE
AMOUNT OF $20.00 TO BE PAID FROM THE
COMMISSIONER'S TRAVEL BUDGET
Item #16H10
COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR
ATTENDING THE ROOKERY BAY ENVIRONMENTAL
LEARNING CENTER CUBAN CARIBBEAN COOKOUT &
COCKTAIL PARTY ON OCTOBER 26,2005, IN THE AMOUNT
OF $20.00, TO BE PAID FROM THE COMMISSIONER'S
TRAVEL BUDGET - HELD AT ROOKERY BAY, 300 TOWER
ROAD
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 173
FOR BOARD ACTION:
BOARD OF COUNTY COMMISSIONERS
MISCELLAl'ŒOUS CORRESPONDENCE
Oct. 25, 2005 Moved to Nov.l, æ05
Due to Hurricane wilma
1.
Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate
of Correction to the tax rolls as presented by the Property Appraiser's Office.
RECOMMEND APPROVAL.
.,
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. September 10,2005 - September 16, 2005.
2. September 17, 2005 - September 23,2005.
3. September 24,2005 - September 30,2005.
4. October 1,2005 - October 7,2005.
B. Districts:
1. Golden Gate Fire Control & Rescue District: Notice of Registered Agent;
Public Meeting Schedule for 2005/2006; Fiscal Year 2006 Budget: Fire
District Map; and Letter Regarding Outstanding Bonds.
2. Cow Slough Water Control District: Annual Local Government Financial
Report for Fiscal Year ended September 2004; Audited Financial
Statement; and Fiscal Year 2006 Budget.
3. Verona Walk Development District: 2005-2006 Fiscal Year Regular
Meeting Schedule.
4. Quarrv Communitv Development District: Minutes of July 11,2005;
Agenda of July 11, 2005.
C. Minutes:
1. Golden Gate M.S.T.U. Adyisory Committee: Minutes of the August 30.
2005 Special Meeting; Minutes of September 13, 2005; Agenda of
October 11, 2005.
2. Collier County Planning Commission: Agenda of October 6,2005;
Transcript of September 1, 2005; Transcript of August 18,2005.
~! :) -\ TA \MeJanie\2005 MISCELLANEOUS CORRESPONDENCE\November 1. 2005 Misc.
~··2.;p.Joc
3. Productivity Committee: Minutes of August 17, 2005.
a) IT Team of the Efficiency and Effectiveness Subcommittee:
Minutes of July 15,2005; Minutes of July 20, 2005.
b) Benefits Sub-Committee: Minutes of June 2,2005.
4. Bayshore Beautification M.S.T.U.: Agenda of October 12,2005; Minutes
of September 14,2005.
5. Land Acquisition Advisory Committee: Agenda of October 10, 2005;
Transcript of September 12, 2005.
6. Collier County Library Advisory Board: Agenda of September 28,2005;
Minutes of August 24, 2005.
7. Pelican Bay Services Division: Agenda of September 7,2005; Minutes
of September 7, 2005; Agenda of October 5,2005.
a) Budget Sub-Committee: Agenda of September 21,2005; Minutes
of September 21,2005.
b) Clam Bay Sub-Committee: Agenda of September 7,2005;
Minutes of September 7,2005.
8. Collier County Environmental Advisory Council: Jan's Trams Eco-Tours
Listed Plant Survey Report of September 2005.
9. Collier County Hispanic Affairs Advisory Board: Minutes of August 25,
2005; Agenda of August 25,2005.
H:\DATA\Melanie\2005 MISCELLANEOUS CORRESPONDENCE\November 1,2005 Misc.
Corresp.doc
November 1, 2005
Item #16J1
BUDGET AMENDMENT APPROPRIATING CARRY FORWARD
AND EXPENDITURE BUDGETS IN THE AMOUNT OF
$279,410,911.18 FOR OPEN PURCHASE ORDERS FOR NON-
PROJECT FUNDS AND FOR UNEXPECTED BUDGET FOR
PROJECT FUNDS AT THE END OF FISCAL YEAR 2005 -
UNSPENT BALANCES AUTOMATICALLY ROLLED INTO THE
NEW FISCAL YEAR
Item # 16J2
ENDORSE THE UNITED STATES DEPARTMENT OF
JUSTICE/DEPARTMENT OF TREASURY FEDERAL
EQUITABLE SHARING ANNUAL CERTIFICATION REPORT
Item # 16J3
A LEASE WITH PITNEY BOWES, INC. FOR ABSENTEE
BALLOT AND MAILING EQUIPMENT FOR THE SUPERVISOR
OF THE ELECTIONS OFFICE - TO ENHANCE THE VOTER
REGISTRATION SYSTEM
Item #16K1
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 $517,500.00 FOR THE ACQUISITION OF
PARCELS 135, 735AAND 735B IN THE LAWSUIT STYLED
COLLIER COUNTY V. W AL-MART STORES, INC., ET AL.,
Page 174
November 1, 2005
CASE NO. 04-3632-CA (IMMOKALEE ROAD PROJECT NO.
66042). (FISCAL IMPACT: $307.332.00)
Item #16K2
A MEDIATED SETTLEMENT AGREEMENT AND
STIPULATED FINAL JUDGMENT FOR PARCEL 158 IN THE
LAWSUIT STYLED COLLIER COUNTY V. JOSEPH GUIDISH,
JR., ET AL., CASE NO. 03-2549-CA (GOLDEN GATE
PARKWAY PROJECT 60027) (FISCAL IMPACT $11,987)
Item #16K3
A MEDIATED SETTLEMENT AGREEMENT AND
STIPULATED FINAL JUDGMENT FOR PARCELS 160 & 960 IN
THE LAWSUIT STYLED COLLIER COUNTY V. BEVERLY J.
GATTI, ET AL., CASE NO. 03-2551-CA (GOLDEN GATE
PARKWAY PROJECT 60027) (FISCAL IMPACT $41,211)
Item #16K4
APPLICATION FOR TAX DEEDS FOR THIRTY-ONE (31)
COUNTY-HELD TAX CERTIFICATES AND TO AUTHORIZE A
NOTICE TO PROCEED TO THE TAX COLLECTOR
Item #16K5
THE DESIGNATION OF ONE (1) ADDITIONAL
CLASSIFICATION AS SENIOR MANAGEMENT SERVICE
POSITION FOR FLORIDA RETIREMENT SYSTEM (FRS)
ELIGIBILITY PURPOSES; TO APPROVE THE ADDITION OF
AN ANNUAL MATCH INTO THE DEFERRED
Page 175
.......__..._~_,._.,..._,._.,,'__~_..-"'..M.'_'....''''_..____·-~-,-
November 1,2005
COMPENSATION ACCOUNTS (THE COUNTY'S 457 DEFINED
CONTRIBUTION PLAN) OF EMPLOYEES WHO RECEIVE A
LUMP SUM MERIT INCREASE, OF ASSISTANT COUNTY
ATTORNEYS (EQUIVALENT TO COUNTY MANAGER
DEPARTMENT DIRECTOR POSITIONS), AND OF THE CHIEF
ASSISTANT COUNTY ATTORNEY (EQUIVALENT TO THE
DEPUTY COUNTY MANAGER
Item #16K6
"AMENDMENT TO SETTLEMENT AND ZONING
AGREEMENT" FOR THE PROPERTY CONTAINED WITHIN
THE ORANGE BLOSSOM RANCH PUD
Item #17A - Continued to the November 15,2005 BCC Meeting
A RESOLUTION AMENDING RESOLUTION NUMBER 05-261
THAT GRANTED CONDITIONAL USE APPROVAL FOR THE
FLORIDA HOME MODEL CENTER EXTENSION TO CORRECT
A SCRIVENERS ERROR RESULTING FROM AN INCORRECT
LEGAL DESCRIPTION INCLUDED IN THE ADOPTED
RESOLUTION FOR PROPERTY LOCATED IN SECTION 15,
TOWNSHIP 49 S, RANGE 26 E, COLLIER COUNTY, FLORIDA.
Item #17B - Continued to the November 15,2005 BCC Meeting
RECOMMENDATION TO APPROVE PETITION A VPLAT2005-
AR8151 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTYS AND THE PUBLICS INTEREST IN A PORTION OF
THE 7.5 FOOT WIDE DRAINAGE EASEMENT LOCATED
ALONG THE SIDE OF LOT 67, BLOCK F, ACCORDING TO
THE PLAT OF FLAMINGO ESTATES AS RECORDED IN PLAT
Page 176
",,---",. "~'-'---~--;'~'-
November 1,2005
BOOK 10, PAGES 34 THROUGH 35, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 1,
TOWNSHIP 50 SOUTH, RANGE 25 EAST.
Item #17C
RESOLUTION 2005-377: SE-05-AR-8029 AMENDING
RESOLUTION NUMBER 05-235, THE TOWN OF AVE MARIA
DRI TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT A-
LEGAL DESCRIPTION OF THE RESOLUTION TO THE TOWN
OF AVE MARIA DEVELOPMENT ORDER NUMBER 05-01 FOR
PROPERTY THAT IS LOCATED ON THE NORTH SIDE OF OIL
WELL ROAD (CR-858), THE WEST SIDE OF CAMP KEAIS
ROAD AND APPROXIMATELY 6,000 FEET SOUTH OF
IMMOKALEE ROAD (CR-846). THE PROPERTY LIES WITHIN
SECTIONS 4-9 & 16-18, TOWNSHIP 48 SOUTH, RANGE 29
EAST AND SECTIONS 31-33 TOWNSHIP 47 SOUTH, RANGE 29
EAST
Item #17D
RESOLUTION 2005-378: SE-05-AR-8030 AMENDING
RESOLUTION NUMBER 05-234A, THE TOWN OF AVE MARIA
STEWARDSHIP RECEIVING AREA (SRA) TO CORRECT A
SCRIVENER'S ERROR IN EXHIBIT A - LEGAL DESCRIPTION
OF THE RESOLUTION TO THE TOWN OF AVE MARIA SRA
FOR PROPERTY THAT IS LOCATED ON THE NORTH SIDE OF
OIL WELL ROAD (CR-858), THE WEST SIDE OF CAMP KEAIS
ROAD AND APPROXIMATELY 6,000 FEET SOUTH OF
IMMOKALEE ROAD (CR-846). THE PROPERTY LIES WITHIN
SECTIONS 4-9 & 16-18, TOWNSHIP 48 SOUTH, RANGE 29
EAST AND SECTIONS 31-33 TOWNSHIP 47 SOUTH, RANGE 29
Page 177
,,-,..,,-¡,;~._~,,_..,,~-'
November 1,2005
EAST
Item #17E - Continued to the November 15,2005 BCC Meeting
PUDZ-04-AR-6422, D. WAYNE ARNOLD OF Q. GRADY MINOR
& ASSOCIATES, P. A., AND GEORGE VARNADOE OF
CHEFFY, PASSIDOMO, WILSON & JOHNSON,
REPRESENTING THE LUTGERT COMPANIES, REQUESTING
TO REZONE 53 ACRE SITE FROM RURAL AGRICULTURE (A)
ZONING DISTRICT TO A MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD) TO BE KNOWN AS THE MERCATO
MPUD PERMITTING A MAXIMUM OF 395,000 SQUARE FEET
OF RETAIL FLOOR SPACE, 100,000 SQUARE FEET OF OFFICE
SP ACE, AND A MAXIMUM OF 80 HOTEL UNITS IS
PERMITTED WITHIN THE 27.7-ACRE MIXED USE TRACT
AND 175 RESIDENTIAL DWELLING UNITS IN A MIXED-USE
AREA AND ON A 10.67 ACRE RESIDENTIAL TRACT
RESULTING IN A DENSITY OF 3.3 UNITS PER ACRE. THE
PROPERTY IS LOCATED ON THE NORTHEAST QUADRANT
OF V ANDERBIL T BEACH ROAD (CR-862) AND T AMIAMI
TRAIL NORTH (US-41) IN SECTION 34, TOWNSHIP 48 SOUTH,
RANGE 25 EAST.
Item #17F
ORDINANCE 2005-56: AN ORDINANCE AMENDING
ORDINANCE NO. 2003-59, WHICH IS ARTICLE V OF
CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, INCORPORATING CHANGES TO THE
ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT
PROGRAM, AND ESTABLISH A MAXIMUM ANNUAL
BUDGET OF $300,000 TO FUND THE PROGRAM
Page 178
<-_._-_._,_.,....".~~,---------.._-,"'..__.~'-^
November 1, 2005
Item #17G - Continued to the November 15,2005 BCC Meeting
PUDZ-A-2004-AR-6126 WCI COMMUNITIES, INC., AND CDC
LAND INVESTMENTS, INC., REPRESENTED BY RICHARD D.
YOV ANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN &
JOHNSON, P.A. AND ROBERT J. MULHERE, AICP, OF RW A,
INC., REQUESTING A REZONE FROM THE PLANNED UNIT
DEVELOPMENT (PUD), AGRICULTURAL-SPECIAL
TREATMENT AREA (A-ST) AND AGRICULTURAL (A)
ZONING DISTRICTS TO THE MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT
TO BE KNOWN AS THE SABAL BAY PUD. A PORTION OF
THE SITE IS CURRENTLY KNOWN AS THE CDC PUD OR
COLLIER DR!. THE PROPOSED PROJECT WILL INCLUDE A
RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM
OF 1 ,999 VARIED HOUSING TYPE UNITS AND GOLF
COURSE, COMMERCIAL USES, RECREATION/VILLAGE
CENTER USES, AND PUBLIC FACILITY USES, PRESERVE
AREAS AND RIGHTS-OF-WAY. THE PROPERTY IS LOCATED
SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S.
41, NORTH AND WEST OF THE WENTWORTH PUD, AND
EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY.
THE PROPERTY IS IN SECTIONS 23, 24, 25, 26 AND 36,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 2,416.08 ACRES. (COMPANION
ITEM TO AGENDA ITEM #17H - DRIABN-2004-AR-6251)
Item #17H - Continued to the November 15,2005 BCC Meeting
DRIABN-2004-AR-6251 COLLIER DEVELOPMENT
CORPORATION (CDC) REPRESENTED BY GEORGE
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November 1, 2005
VARNADOE, OF CHEFFY, P ASSIDOMO, WILSON &
JOHNSON, LLP, REQUESTING ABANDONMENT OF A
DEVELOPMENT OF REGIONAL IMP ACT (DRI) FOR THE CDC
DRI APPROVED IN DRI DEVELOPMENT ORDER 86-2,
APPROVED ON NOVEMBER 10, 1986 BECAUSE THE
PROPOSED CHANGES TO THE PUD WILL REDUCE THE
PROJECT BELOW THE APPLICABLE CRITERIA FOR A DR!.
THE PROPERTY IS LOCATED SOUTH OF THOMASSON
DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF
THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY
INTERCOASTAL WATERWAY. THE PROPERTY IS IN
SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 2,416.08 ACRES. COMPANION TO PUDZ-A-2004-AR-6126-
SABAL BAY PUD (COMPANION ITEM TO AGENDA ITEM
#17G - PUDZ-A-2004-AR-6126)
Item #171
RESOLUTION 2005-BAR-02: A RESOLUTION AMENDING THE
FISCAL YEAR 2004-2005 ADOPTED BUDGET IN
ACCORDANCE WITH SECTION 129.06~ FLORIDA STATUTES
Item #17J
ORDINANCE 2005-57: AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING
CHAPTER 14, ARTICLE II, WHICH REGULATES AND
CONTROLS ANIMALS WITHIN THE AREA OF COLLIER
COUNTY, AS PROMULGATED BY ORDINANCE 93-56, AS
AMENDED; AMENDING SECTION 14-26, PERTAINING TO
Page 180
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November 1,2005
DEFINITIONS; AMENDING SECTION 14-27, PERTAINING TO
PENALTIES; AMENDING SECTION 14-31, PERTAINING TO
ENFORCEMENT; PROVIDING FOR CONFLICT AND
SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND
ORDINANCES AND AN EFFECTIVE DATE
Item #17K - Continued to the November 15,2005 BCC Meeting
PUDEX-2005-AR-7909 LODGE ABBOTT AND ASSOCIATES,
LLC, REPRESENTED BY RICHARD D. YOV ANOVICH, OF
GOODLETTE, COLEMAN AND JOHNSON, PA, IS
REQUESTING A 2-YEAR EXTENSION OF THE
COCOHATCHEE BAY PUD. THE SUBJECT PROPERTY,
CONSISTING OF 532 ACRES, IS LOCATED ON THE
NORTHWEST CORNER OF WIGGINS PASS ROAD AND
VANDERBILT DRIVE, IN SECTIONS 8,16,17, AND 20,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
Page 181
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November 1, 2005
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:30 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
'1uJ-w. æ
FRED W. COYLE, aIrman
. AtÍèst at . etM:1 run ' ,
. S1~íaH~1,;'
. . . .~
1 '
These minutes appr~y the Board on 0 ~ 1.3 ¡ 200-:3
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 182