BCC Minutes 02/22/2006 TH (District 2)
February 22, 2006
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
TOWNHALL MEETING-DISTRICT #2
Naples, Florida, February 22,2006
LET IT BE REMEMBERED, that the Board of County Commissioners Townhall
Meeting-District #2 in and for the County of Collier, having conducted business herein,
met on this date at 7:00 PM at St. John the Evangelist Church, Naples, Florida, with the
following members present:
CHAIRMAN: Commissioner Frank Halas
Commissioner James Coletta
Commissioner Donna Fiala
Commissioner Tom Henning
Commissioner Fred Coyle
ALSO PRESENT: Jim Mudd, County Manager
Leo Ochs, Jr., Deputy County Manager
David Weigel, County Attorney
Joe Schmitt, CDES Administrator
Len Golden Price, Administrative Services
Norman Feder, Transportation Services
Marla Ramsey, Public Services Administrator
Tom Wides, Public Utilities (sitting in for Jim DeLony)
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Coli! County
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Board of County Commissioners
District 2 Town Hall Meeting
Wednesday, February 22, 2006
7 P.M.
81. John the Evangelist Church
625 111th Avenue North, Naples
HOSTED BY
Frank Halas
Commissioner, District 2
Introduction and Pledge of Allegiance
1. Transportation Projects Update - Major Projects in District 2
2. Stormwater:
. Neighborhood Improvements
. Culverts
. Funding
3. County Plans to Address Stormwater Runoff from "Mega-homes"
4. North Collier Government Services Center
Question and Answer Period
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February 22, 2006
Chairman of the Board of County Commissioners Frank Halas welcomed
everyone to the Town Hall Meeting at 7:00 PM.
Pledge of Allegiance was recited.
Introductions were given.
1. Transportation Projects Update - Major Projects in District 2:
Norman Feder/Transportation - Slides were shown as projects were
discussed. Some projects mentioned were as follows:
· Immokalee Road US41 to 1-75: one of the old lines will be closed off
to put new lines in; new water main will be flushed; curb and gutter
will be moved on the North side.
· In the upcoming weeks, water issues will be finalized and an
embankment will be gotten on the North side.
· 1-75 to Collier Boulevard will be going from 4 to 6 lanes. Contract for
a design build going to Board. Construction scheduled to start in
11/06 and be completed in 08/08.
· Vanderbilt Beach Road, from Airport over to Livingston: hurricane
damage repair progressing.
· Vanderbilt Drive: County has advanced funding for bicycle and
pedestrian bridges and is on schedule to bring these improvements.
Locations of bridges given.
· Vanderbilt Beach Road extension: extension is being considered to
expand to 4 to 6 lanes with bike and pedestrian features.
· Microsurfacing of Pelican Bay Boulevard is being planned.
2. Stormwater: Neighborhood Improvements, Culverts, Funding: Gene
Calvert/Transportation Staff - Slides were shown as projects were
discussed.
A. Some current projects mentioned:
· Drainage/swale improvements along Old Highway US41.
· In the North Livingston Road basin area: installation of additional
culverts near Cyprus Way intersection, and replacement of
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February 22,2006
outflow pipe into a lake on the North end of Palm River Country
Club.
· On the Southern end of Victoria Park: improving outfall from the
lake by enclosing a ditch.
B. Funding Issues
· Board of County Commissioners established a funding policy for
the improvements in 2004. Funding policy outlined.
C. Culverts
. Stormwater area drainage issues in Pine Ridge Subdivision and
Willoughby Acres discussed along with improvements being
considered.
· Stormwater Management Department will be completing
inventory of Pine Ridge's aging storm system and developing a
systematic approach to improve the system.
· Construction of improvements in Willoughby Acres expected to
begin this fall.
· Financial responsibility for culverts discussed.
3. County Plans to Address Stormwater Runoff from" Mega-homes":
Joe Schmitt/CDES Director - Slides were shown to illustrate
stormwater runoff issues.
Commissioner Halas stated that the County is looking at plans to address
stormwater runoff on mega-homes, which is a situation causing great pain
to adjacent neighbors whose older homes do not have the elevation that
the newer homes have. He then handed the discussion over to Joe
Schmitt. Some issues discussed:
· Lot/area ratio issues; e.g., what happens when a mega-home is built
alongside a 1960's vintage home?
· Increases in impervious surfaces are causing increases in drainage
problems.
. Some county requirements for the building of single-family homes
were mentioned, followed by the question of whether these
requirements need to be reviewed and redefined.
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February 22, 2006
· Some questions were posed for future workshops or board meetings:
Should lot/area ratio limitations be established for mega-homes?
Should the size of new homes be limited? Should there be rules to
make plans for dealing with runoff beyond individual property lines?
Should lot drainage plans be required that are more significant than
those that currently exist?
Commissioner Halas reiterated the possibility of holding a workshop
to address the questions presented by Joe Schmitt. He invited people in
the audience to let the Board know whether they would be interested in
such a workshop.
4. North Collier Government Services Center: Len Golden
Price/Administrative Services
Commissioner Halas stated that he took a tour of the upcoming water
park to be opened probably sometime in June. He praised what he saw
of the center and described some of its features. He stated that the
center hopefully will be completed by June 1 and that there will be a
ribbon ceremony, to which the public will be invited. Commissioner
Halas then handed over the discussion to Len Price. Some features of
the new center are as follows:
· Will offer a wide range of services in one location.
· Occupants will be the Tax Collector, Property Appraiser, Supervisor
of Elections, Clerk of Courts, Board of County Commissioners, and
there also is space allocated for the Sheriff's Office. The function of
each occupant was described, as well as services that will be
provided.
· Center should be open in the beginning of June.
· Hours will be 9:00 a.ill. to 6:00 p.m.
QUESTION AND ANSWER PERIOD
SPEAKERS
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February 22, 2006
Dr. Richard Bing - President of Vanderbilt Beach and Bay Association-
Suggested that the Commissioners be unified on Senate Bill 360, which deals
with impact fees and growth of the infrastructure. Wants clear message given
to Tallahassee about what the issue is and the freedom necessary for the
Commission to assess the appropriate impact fees at the appropriate time.
Commissioner Coyle - The Board of County Commissioners are taking a very
assertive stand on this issue. Some Commissioners have made trips to
Tallahassee and other areas of the state where they have had open discussions
provided by the Task Force put together by the Governor. The
Commissioners are making their presences known and their voices heard in
regards to addressing issues here in Collier County, and they are making sure
that their requirements for concurrency are more stringent than the County.
Commissioner Halas - Concurred with Dr. Bing's statement that the Board be
unified. The Builders have the strongest lobby and greatest amount of control
over how the bill will be modified, if at all, in Florida. Developers in Collier
County already are beginning to take more flexible positions. The next
legislative session will be March 5, and the Board hopes to have something
positive to report to the County sometime during the next legislative session.
Commissioner Coyle - The Developers, because of rising impact fees
throughout the State of Florida, tried to beat the Board in court. They could
not, so they are now going through the legislative process to try to limit the
impact fees that counties can charge. The Commissioners believe they are
leaders in establishing impact fees.
Commissioner Halas - Stated that he and the other Board members strongly
believe that growth has to pay for growth.
Cam Gleason - Commended Commissioners Frank Halas and Fred Coyle.
Dyrel Delaney - Stated he thinks the people of Naples are fortunate to have a
government that comes to the community, and a government to whom people
can talk. Thanked the Commissioners for their approachability and affirmed
the importance of what they do.
Gary Edson - Commended Norman Feder for his work on the road system in
Naples. Expressed frustration over his feeling that while North Naples is
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February 22, 2006
doing a good job of dealing with issues of road congestion, surrounding areas
are not making the same progress. Asked if there is anything that can be
done.
Norman Feder - Thanked Mr. Edson for his comments. Stated
Transportation Services is working very closely with Lee County as part of a
regional effort and regional system. Trying to get a few roadways eligible for
federal and state funding. All transportation is experiencing difficulties hiring
contractors for government jobs, because private sector work is so available
and also preferable to working for the government.
Reg Buxton - Commended the Commissioners as being great proponents of
the safety of the citizens of Collier County. Asked where the new Emergency
Operations Center will be located and how plans are progressing.
Commissioner Fiala - Responded that the Center will be in the back of Lely
Resort, behind the Regional Library.
Dan Summers - Director of the Bureau of Emergency Services - Plans were
delayed because of plan to re-site the building. Working with Sheriff Hunter
and his team on programming; Len Price and her team working on
construction management.
Len Price - Expect site development plan next month and hopefully break
ground a year from now and have it built in months.
Ken Havemeier - Abbey on the Lake in Imperial Golf Estates - Past
President of the Association - Invited the Board to come to Abbey on the
Lake independently and listen to the noise heard from the nearby Cement
Plant, which he stated operates with open doors almost 24/7. Mr. Havemeier
expressed great frustration over the constant noise. Years ago he was told the
Plant was to close their doors so that not as many decibels would come
towards Abbey on the Lake, but the Plant is still operating with open doors.
Would like cooperation from the Cement Plant to reduce the noise, which he
stated is totally unacceptable.
Commissioner Halas - Acknowledged the noise problem as an ongoing
situation. Stated he has gone to Abbey on the Lake when Code Enforcement
took noise measurements, and has heard the noise himself. Stated the Board
has discussed the possibility of adjusting the criteria for measuring decibel
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February 22, 2006
levels and distance from noise sources, which is used by all communities
throughout the United States. Again acknowledged the problem and stated
that the Board has gone after the Cement Company to close its doors.
Michelle Arnold - Code Enforcement Director - Code Enforcement is
working with the Cement Company to alleviate noise problems. Last
complaint received was a month ago and is an ongoing issue.
Commissioner Halas - Explained that the Cement Company does not have air
conditioning and that the company claims that installation of air conditioning
is not cost feasible, hence the doors being opened. Wind direction in the area
also carries the noise. When sound level measurements have been taken, they
show that the Company meets the criteria. Commissioner Halas reiterated the
possibility of adjusting the criteria for measuring decibel levels and then
forcing the Cement Company to take measures to reduce noise levels.
Richard Caldarone - Westgate off Imperial- Acknowledged Mr.
Havemeier's complaint about noise from the Cement Company. Expressed
frustration over noise heard in his development from nearby bar - "Jack's."
Music played from 10 p.m. to 2:00 a.m. every day. Even with all windows
and doors closed, noise from the bar carries, particularly bass frequencies.
Commended Commissioner Halas for setting up meeting some years ago at
Sheriff's Office between Westgate, bar owners, and Sheriff's Department. But
the noise continues. Expressed great frustration and stated that he and
residents of Westgate are looking for some abatement and relief.
Commissioner Halas - Thought that the issue had been put to rest because he
has not gotten any complaints about it in the past year to 18 months.
Regretted lack of follow-up. Asked Sheriff's Deputies present at the meeting
to address the issue. Reiterated possibly of going back to noise ordinances to
adjust them to better deal with noise issues.
Sheriff Hunter - Sheriff's Department has responded to noise complaints
about bar, but when noise readings are taken, the decibels are within the
lawful range for the limited period of time that they are permitted to be active.
The decibel readings are permissible, which means that the Sheriff's
Department cannot take action. Discussed other possibilities for dealing with
the issue. Encouraged people to continue calling the Sheriff's Office with
complaints and concerns.
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February 22, 2006
Commissioner Halas - The Commissioners agreed this should be addressed
further.
Dolores Kelly - Westgate at Imperial - Suggested change in the way
decibel readings are done. Stated she has called the Sheriff's Office in the
past. Asked why the bar's permit cannot be restricted.
Commissioner Halas - Stated that he and the other Commissioners have
given staff direction to look into the problem, and promised relief.
Sheriff Hunter - The Sheriff's Office will enforce enforceable, legal,
constitutional ordinances. Arrests and citations cannot be made legally if
current noise ordinance is not being violated. Complaints to the Sheriff's
Office are recorded, and as they continue to accumulate, they will be brought
to the attention of the Board of County Commissioners.
Commissioner Halas - Encouraged people complaining about noise to attend
or send a representative to attend monthly meetings he holds at St. John's with
Presidents or representatives of homeowners groups. Effective action has
resulted from these meetings. Asked for names and email addresses so he can
invite them to the next meeting.
Gervase Audette - Had several years experience in law enforcement and
thanked Sheriff Hunter and his Deputies for doing an outstanding job along
with Frank Halas, his wife, and secretary for their work after the hurricane.
Asked about disappearance of retention ponds while mega-houses and
shopping centers are being built. Asked where the water is going. Made the
suggestion that in the event of another catastrophe the County's phone line be
switched to roll over to a live voice at the Command Center so that people do
not call to be met with nothing but ringing, as happened during the last
hurricane.
Norman Feder - All building projects are required to show that they address
retention issues.
Joe Schmitt - All plans have to go through permitting process. Water issues
constantly are being taken care of and reviewed, and there are sufficient
stormwater detention/retention systems for that.
Len Price - Regarding phone line issue, the County's main switchboard
number was in fact transferred during the hurricane. If people had trouble
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getting through, it is because 35,000 telephone calls were received with only 8
people answering the phones. Some calls were necessarily bumped.
Improvements to the phone system are being considered for next year along
with an easier-to-remember telephone number that will be better publicized.
When the new Emergency Center opens, there will be an opportunity to open
the phone center even further.
Jim Slattery - President of the Homeowner's Association in Abbey on the
Lake at Imperial Golf - Discussed issue of sound abatement. In the '90's
there was a problem with noise at Abbey on the Lake. Commissioners hired a
consultant at a fee of around $30,000. Report full of data and charts produced
details relevant to Abbey on the Lake and other Naples establishments. Mr.
Slattery read some contents from the report. At the time, no changes were
made. Stated he was reassured to hear the Board agree that changes in the
current noise ordinance should be looked into.
Roger Robitaille - Stormwater issue. Gave the Board a picture of Victoria
Park and what people in the location were faced with after Hurricane Wilma:
Lake surge; sanitary sewers in the middle of the street were cracked and
leaking sewage into the street-that has since been repaired. Unresolved
issue: standing water in the swale across the street. Water department
notified. Water department did something to reduce the amount of water, but
water still there. Water comes from the whole neighborhood. Never before
an issue. Asked the Commissioners to keep this problem in mind.
Commissioner Halas - Staff has been looking into the issue the past few
weeks.
Gene Calvert - Acknowledged problems and discussed issues with older
systems that were designed for smaller homes with larger, impervious areas.
Solutions for these issues are being researched and addressed. Urged people to
call if there are continuous problems.
Robert J. Ahern - Thanked Commissioners and staff for their hard work.
Addressed noise, water, and air issues as they relate to the environment.
Proposed several ideas for dealing with problems being faced by the County.
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February 22,2006
Talked about possible health problems resulting from breathing of particles
emitted by Cement Factory.
Commissioner Henning - Asked Mr. Ahern to contact his office so that they
could work together and get the Florida Department of Environmental
Protection involved.
Nick Hale - Chairman of Pine Ridge Stormwater Committee - Serious
problems in Pine Ridge with respect to stormwater. Homes, including Mr.
Hales' home, inundated by water pouring down from mega-home across the
road in all directions and onto other homeowners' properties. This is against
the law. Emphasized need for action, stated he appreciated Mr. Schmitt's
saying he would take action, and stated he hoped he would receive schedule as
to when the stormwater issue would be taken care of, particularly with respect
to the swales. About 35 mega-homes in the area are pouring water, with few
exceptions, onto their neighbors, on all sides. Emphasized need for swales.
Discussed various reasons for stormwater issue other than mega-homes.
Commissioner Halas - Staff have been directed to do a study and determine
what needs to be done in Pine Ridge and how the necessary work will be paid
for. Study should end sometime in July; hopefully the Stormwater
Department will have some answers and be able to elaborate on them at that
time.
Gene Calvert - Commended Mr. Hale and his group at Pine Ridge. They are
a good example of community working with the County. Encouraged other
homeowners groups to work similarly with the County. Stated he cannot say
enough for Mr. Hale, and thinks they will come up with cooperative solutions.
Barbara A. Bateman - Addressed Mr. Schmitt, saying she thinks that a
lot/area ratio limitation for homes should be established. Stated she believes
Naples Park Area Association would go along with this. Asked who owns the
roadside swales in Naples Park. Swales on 1061h Avenue, are being dug
deeper. Asked what is happening.
Norman Feder - The County owns the roadside swales. If a swale is within
the road right-of-way, it is owned by the County. Swale issues should be
addressed to Stormwater Management.
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February 22, 2006
John Vliet - Collier County Road Maintenance Department/Road and
Bridge Department: swales are being worked on in an attempt to retain more
water runoff from the roadway, which is what the swales are designed to do.
Will check with area supervisor for more information. Will call Ms. Bateman
tomorrow.
Donald Spaniard - Pelican Bay - Commended Commissioner Halas for his
leadership in assembling, structuring, and leading the Advisory Council, and
cited successes of the Advisory Council. Suggested consideration of mass
public transportation as one possible solution to the County's enormous,
developing transportation problem. Raised issue of workforce housing.
Relocation of County Operations Center apparently leaves significant tract of
land on Santa Barbara Road owned by the County. Raised the question
whether that might not be a proper site for a substantial affordable housing,
gap housing, or workforce housing project. Thanked the Commissioners for
making government more accessible, more understandable, and more effective
on a day-to-day basis.
Commissioner Halas - Regarding public transportation, suggested
considering something similar to a monorail system. Regarding workforce
housing, all the Commissioners have been working on this issue for the past 3
to 4 years. The problem cannot be solved by government itself, but by
everybody in the community. Regarding EOC on Santa Barbara, that land is
indeed being considered for affordable housing.
Norman Feder - Looking at numerous different ways to deal with
transportation issues.
Commissioner Halas closed the meeting, thanking everyone at 9:00 PM.
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February 22, 2006
COLLIER COUNTY TOWNHALL MEETING
Attest:
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Dwight E. Brock, Clerk
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These riIiqJ.l~es ,approved by the Board on 3 -I L{.- 8.bb to ,
as presented ~ or as corrected .
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