BCC Minutes 10/10/2006 R
October 10,2006
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 10, 2006
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: Frank Halas
Jim Coletta
Fred W. Coyle
Donna Fiala
Tom Henning
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
AGENDA
October 10, 2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
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October 10, 2006
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3)
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 IMP AIRED 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 12, 2006 - BCC/Regular Meeting
C. September 13,2006 - BCC/Regular Meeting Carryover from September 12,
2006
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
Advisory Committee Service Awards
A. 5- Year Recipients
1) Lindy Adelstein, Collier County Planning Commission
2) Paul Midney, Collier County Planning Commission
3) Mark Strain, Collier County Planning Commission
B. 25 Year Attendees
1) Harold Huber, PUED
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October 10, 2006
4. PROCLAMATIONS
A. Proclamation to wish Edison College great success in the upcoming Heart
and MS Walks. To be accepted by a representative of Edison College.
B. Proclamation designating October 28,2006 as NAACP Freedom Fund Day.
To be accepted by Laverne Franklin and Harold Weeks.
C. Proclamation recognizing October 10, 2006 as Put The Brakes On Fatalities
Day. To be received by members of the Collier County Transportation
Dept., Collier County Sheriffs Office, Naples Police Dept. and Florida
Highway Patrol.
5. PRESENTATIONS
A. Presentation of the Advisory Committee Outstanding Member A ward to
Lawrence M. Baytos, County Government Productivity Committee.
B. Report and thank you by Jeannette Showalter to the Board of County
Commissioners regarding the MSBU for Naples Park Lake. (Commissioner
Halas)
C. Presentation from the Substance Abuse Coalition of Collier County to Parks
and Recreation Director Barry Williams. To be presented by Collier County
Court Judge Lauren Brodie and Undersheriff Kevin Rambosk.
D. To recognize Allen Madsen for his exceptional performance as the on-site
representative of Collier County and ambassador to the public for the Collier
County/City of Naples 2006 Beach Renourishment Project.
E. To recognize Gary McAlpin for his exceptional leadership and management
of the Collier County/City of Naples 2006 Beach Renourishment Project.
6. PUBLIC PETITIONS
A. Public Petition request by Richard Gazzerro and Thomas Ramsey to discuss
code violations for the Shirley Street Antique Mall.
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October 10, 2006
B. Public petition request by Nancy Payton to discuss lobby registration and
disclosure of lobbyist's clients.
C. Public Petition request by Mr. John Swasey regarding impact fees.
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Recommendation that
the Board of County Commissioners deny Petition A VESMT -2006-AR-
9918, which seeks to vacate the County's and the Publics interest in Gulf
Shore Court and a portion of Center Street, according to the plat of
Vanderbilt Beach Center, as recorded at Plat Book 3, Page 16, Public
Records of Collier County, Florida, and as more specifically described in
Exhibit A.
B. This item was continued from the September 12. 2006 BCC meetine: and
has been requested bv the petitioner to be further continued. This item
requires that all participants be sworn in and ex parte disclosure be provided
by Commission members. Petition: PUDZ-A-2005-AR-8438: Lakeview
Drive of Naples, LLC, represented by Clay Brooker, ofCheffy, Passidomo,
Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple
Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is
subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit
Development (RPUD) by amending the approved Windstar PUD to add the
subject 20.52 acres and its additional residential units thereby allowing a
maximum of 584 residential units on 341.1 acres. The subject property is
generally located on the west side of Bayshore Drive, approximately 0.6
miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East)
intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East,
Collier County, Florida.
C. Recommendation that the Board of County Commissioners adopt 1) a
Resolution revising the Collier County Water-Sewer District Utilities
Standards Manual and 2) an Ordinance amending the Collier County
Utilities Standards and Procedures Ordinance, Project Number 70202.
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October 10, 2006
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Black Affairs Advisory Board.
B. Appointment of member to the Tourist Development Council.
C. Appointment of members to the Historical/Archaeological Preservation
Board.
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. This item continued from the
September 26, 2006 BCC Meeting. Recommendation to consider a
recommendation from the Habitat Conservation Plan Advisory Committee
to implement a Red-Cockaded Woodpecker Compliance Plan (Bill Lorenz,
Director, Environmental Services)
B. Recommendation to Modernize and Update The County's Purchasing
Policy. (Steve Carnell, Director, Purchasing)
C. Recommendation to approve and execute an Agreement for Sale and
Purchase with Morande Enterprises, Inc. for the purchase of 10.04 improved
acres on Radio Road and Davis Boulevard for Collier Area Transit and Para
Transit operations with fleet maintenance at a cost not to exceed $8,570,000.
(Norman Feder, Administrator, Transportation Services)
D. Recommendation to approve and execute the attached Joint Participation
Agreement (JP A) with Florida Department of Transportation in the amount
of $285,375 to provide operational funding for improved frequency of
service on Collier Area Transits existing Red Route and to consider approval
of early start-up service. (Norman Feder, Administrator, Transportation
Services)
E. Recommendation to approve an amendment to the Local Housing Assistance
Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007,
including new and updated strategies, an increase in the maximum allowable
home sales price, and other changes as required by new state law and
approved all necessary budget amendments. (Cormac Giblin, Housing &
Grants Manager, Community Development)
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October 10, 2006
F. Recommendation that the Board of County Commissioners accept the
recommendations of the Special Master Review Board (SMRB) to renew the
contract with Brenda C. Garretson under RFP #04-3677 - Special Master
Services for Collier County. (Michelle Arnold, Director, Code Enforcement)
G. Recommend approval of the award ofRFP # 06-4007 and corresponding
Agreement between Collier County and Paradise Advertising and
Marketing, Inc. for Tourism Marketing Services. (Jack Wert, Director,
Tourism Department)
H. This item was continued from the September 26, 2006 BCC meeting.
Recommendation to adopt a Resolution repealing all previous resolutions
establishing and amending parts of the Collier County Parks and Recreation
Department Facilities and Outdoor Areas License and Fee Policy and
establishing the policy effective October 1, 2006. (Marla Ramsey,
Administrator, Public Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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 Waterways of Naples Unit
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October 10, 2006
Five. The roadway and drainage improvements will be privately
maintained.
Resolution 2006-260
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Waterways of Naples Unit
Six. The roadway and drainage improvements will be privately
maintained.
Resolution 2006-261
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Waterways of Naples Unit
Seven. The roadway and drainage improvements will be privately
maintained.
Resolution 2006-262
4) Recommendation to approve for recording the final plat of Mediterra
Phase Three East Unit Three
5) Recommendation to approve for recording the final plat of Ave Maria
Unit 9, Del Webb Parcels 101, 103, 104 & 105, approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
6) Recommendation that the Board of County Commissioners approve a
reimbursement of a portion of the impact fees paid for Handsome
Harrys Third Street Bistro, in the amount of$28,305.l2, due to a
change in the calculation of the impact fees applicable to the project
and the resulting over-payment of impact fees and authorizing a
change in policy for the assessment of impact fees for mixed use
commercial buildings, consistent with the recommendations of the
Coumty's impact fee consultants and legal counsel.
7) Recommendation to approve for recording the final plat of Ave Maria
Unit Two, Park of Commerce, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
8) Recommendation to affirm the approval of a United States Fish and
Wildlife Cooperative Agreement 40l8l6J09l for a Derelict Vessel
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October 10, 2006
Removal Grant and approval of the necessary budget amendments to
recognize and appropriate grant revenue in the amount of $31,000.
B. TRANSPORTATION SERVICES
1) Recommendation to award Bid # 06-4030 to Motorola Central
Control Irrigation Supplies and Services to Contemporary Controls &
Communications, Inc. and Ag- Tronix. The annual expenditures are
estimated to be $250,000.
2) Recommendation to award Bid No. 06-4035 to Quality Enterprises
USA, Inc. for the Riviera Golf Estates Lake Interconnect Fleur De Lis
Lane, Project Number 511351 in the amount $120,000
3) Recommendation to award Bid #06-4031 Installation and
Maintenance of Traffic Signals, to Kent Technologies, Inc. and
Southern Signal & Lighting.
4) Recommendation that the Board of County Commissioners approve
five (5) Adopt-a-Road Program Agreements with two (2) roadway
recognition signs at a total cost of $150.00. The other signs already
exist.
5) Recommendation to approve a Developer Contribution Agreement
between Tousa Homes INC., collectively referred to as "Tousa, and
Collier County, herein referred to as County, for the construction of a
public road from Whippoorwill Lane to Livingston Road.
6) Recommendation that the Board accept a donation from The Halstatt
Partnership for the additional plantings along Golden Gate Parkway
up to the amount of$101,821.89.
Resolution 2006-263
C. PUBLIC UTILITIES
1) Recommendation that the Board of County Commissioners, as Ex-
Officio the Governing Board of the Collier County Water-Sewer
District, declare the Rating Agency Presentations a valid and proper
public purpose and approve the expenditure for an on-site luncheon
presentation meeting in a sum not to exceed $700.00.
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October 10, 2006
2) Recommendation to approve Work Order ICTSCADA-39l6-MAC-
06-04 in the amount of$98,5l3 to McKim & Creed, P. A. under
Annual Contract 06-3916 for the South County Water Reclamation
Facility SCADA Improvements, Project 73964.
3) Recommendation to approve Work Order ICTSCADA-39l6-MAC-
06-05 in the amount of $90,493 to McKim & Creed, P. A. under
Annual Contract 06-3916 for SCADA System Upgrades at the South
County Regional Water Treatment Plant, Project 70124.
4) Recommendation to approve a Developer Contribution Agreement
with DiV osta Homes, LP in the amount of $40, 148.64 for installation
of upsized wastewater facilities along Collier Boulevard (CR-951 )
from Rattlesnake Hammock Road to Sabal Palm Road, Proj ect
Number 73946.
5) Recommendation to approve Work Order QGM-FT-3290-07-0l to Q
Grady Minor for the engineering services in the amount of $221,150
for the design, preparation of construction plans, and construction
inspection for upgrade of four master pump stations, and two lift
stations, Project 72546, and Project 73970.
6) Recommendation to approve Budget Amendment to transfer funds in
the amount of$120,000 from Project 739491, South County Water
Reclamation Facility (SCWRF), Expansion 2001 to Project 725321,
North County Water Reclamation Facility (NCWRF) Rehabilitation.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners sign an
agreement with Collier Health Services, Inc. for $235,180 ofFY 07
funds to participate as a local match for the Low Income Pool
Program for services provided on behalf of the Human Services
Department in order to generate an additional $324,773 in Federal
matching funds to be paid directly to CHSI for services for the most
medically needy in Collier County.
2) Recommendation to approve the submittal of the attached University
of Florida Integrated Pest Management Program grant application to
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October 10, 2006
the University of Florida Institute for Food and Agricultural Science
for an Urban IPM at the farmers market project totalling $3,650 and
any necessary budget amendments.
3) Recommendation to waive formal competition to approve contracting
with Weller Pools Inc. to install a 32 Aquatube Slide at a cost of
$183,304.25.
E. ADMINISTRATIVE SERVICES
1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
2) Recommendation to approve the award of Bid # 06-4045 "On-Call
Overhead Door and Automatic Gate Contractor for Annual Service
and Repairs" to Action Automatic Door, Inc., and Garage Doors of
Naples, Inc.
F. COUNTY MANAGER
1) Recommend approval of Work Order No. HM-FT-3902-06-04 for
Wiggins Pass Modeling Proposal and regulatory permitting as
proposed by Humiston & Moore on April 11, 2006 on a Time and
Material basis not to exceed $120,935 and authorize the County
Manager or his designee to sign Work Order No. HM-FT-3902-06-04.
2) Recommendation to approve the Annual Technical Support and
Maintenance Renewal Contract for EMS Solutions 2000 through
Healthware Solutions in the amount of$29,010 for FY07.
3) Recommendation to approve a Memorandum of Agreement between
the State of Florida Department of Health and Emergency Medical
Services as the CHEMP ACK Cache Location for the purpose of
responding to acts of chemical emergencies posing a public health
cnSIS.
4) Recommendation to accept an awarded Volunteer Fire Assistance
Matching (50/50) Grant from the Florida Division of Forestry for the
purchase of wildfire protective clothing and approval of necessary
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October 10, 2006
budget amendments to recognize and appropriate revenue in the
amount of $5,558.
5) Recommendation to approve Grant Agreement #07-DS-5N-09-2l-0 1
between the Florida Department of Community Affairs and Collier
County accepting $50,591 to fund Homeland Security and Emergency
Preparedness Initiatives and approve a Budget Amendment to
recognize and appropriate the grant funds
6) Recommendation to approve an Agreement between Collier County
and the Florida Department of Community Affairs accepting
$105,806 for Emergency Management Program Enhancement.
7) Approve Budget Amendments
8) Recommend Approval of three (3) Tourist Development C-2 Grant
Applications and corresponding revised Tourism Agreements with the
Childrens Museum of Naples ($175,000), Naples Art Association
($38,000) and Naples Botanical Garden, Inc. ($112,550) for a total of
$325,550.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attend the 6th
Annual Golden Key Gala - Black & White Ball on Saturday, October
21st, 2006, Naples, FL; $115.00 to be paid from Commissioner Fiala's
travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the United Way of Collier County 2006 Campaign
Recognition Breakfast at the Hilton Naples on October 11,2006.
3) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Foundation For Developmentally
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October 10, 2006
Disabled, Inc.'s Dinner and Auction on October 28, 2006 and is
requesting reimbursement in the amount of$75.00, to be paid from
his travel budget.
4) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Physicians Led Access Network (PLAN)
of Collier County on October 14, 2006 and is requesting
reimbursement in the amount of $50.00, to be paid from his travel
budget.
5) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the United Way of Collier County 2006
Campaign Recognition Breakfast on October 11,2006 and is
requesting reimbursement in the amount of $20.00, to be paid from
his travel budget.
6) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the 2007 Leadership Collier Class Round
table Discussion Luncheon and is requesting reimbursement in the
amount of$15.00, to be paid from his travel budget.
7) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
League of Women Voters Luncheon on Friday, October 4th at 12:00
noon at the Collier Athletic Club; $16.00 to be paid from
Commissioner Fiala's travel budget.
8) Commissioner Fiala requests Board Approval for reimbursement for
attending a function serving a valid public purpose. Attend the Collier
Citizen of the Year 2006 Banquet on Friday, November 10th, 2006, at
The Club at The Strand; $35 to be paid from Commissioner Fiala's
travel budget.
9) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Florida Association of Counties Legislative Policy
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October 10, 2006
Committee Meeting at the Sheraton Sand key Resort in Clearwater
Beach, Florida September 27-29, 2006.
10) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
Coletta paid in advance to attend the lmmokalee Chamber of
Commerce Silent Auction and Dinner on September 30, 2006 and is
requesting reimbursement in the amount of $50.00, to be paid from
his travel budget.
11) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Florida Association of Counties Legislative Policy
Committee Meeting at the Sheraton Sand key Resort in Clearwater
Beach, Florida September 27-29, 2006. As the Vice Chair of the
Growth, Environmental Planning & Agriculture Committee, I chaired
the meeting in the absence of the Chair.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners approve the use
of Confiscated Trust Funds for Crime Prevention.
2) Recommend that the Board of County Commissioners approve the use
of Confiscated Trust Funds for Drug Abuse Education and Prevention.
K. COUNTY ATTORNEY
1) Recommendation to authorize the Office of the County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, in relation to to six (6) Collier County Code Enforcement
liens, arising from Code Enforcement Board Case Nos. CEB 2001-55,
CEB 2001-58, CEB 2003-01, CEB 2003-02, and CEB 2004-14, all of
which cases are entitled Board of County Commissioners, Collier
County, Florida vs. Claude (or Jean Claude) Martel.
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October 10, 2006
2) Recommendation to Approve a Stipulated Final Judgment in the
Amount of $75,000.00 for the Acquisition of Parcels 110 and 710 in
the Lawsuit Styled Collier County v. NB Holdings Corporation, et aI.,
Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081).
Fiscal Impact: $32,636.
3) Recommendation to Approve an Agreed Order for Payment of Expert
Fees in Connection with Parcel 140 in the Lawsuit Styled Collier
County v. Rosa A. Hernandez, et aI., Case No. 05-l033-CA (CR 951,
Project No. 65061) Fiscal Impact: $15,300.00.
4) Recommendation that the Board of County Commissioners Approve a
Settlement Agreement and a Stipulated Final Judgment in the Amount
of $284,400 for the Acquisition of Parcels 146 and 746 in the Lawsuit
Styled Collier County v. April Circle, Ltd., et aI., Case No. 04-3679-
CA, Immokalee Road Project #66042. (Fiscal Impact: $116,078.50)
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation that
the Board of County Commissioners approve Petition SNR-2006-AR-9993,
by Blackstone Estates, represented by Wilson Garcia, P. E. ofQ. Grady
Minor & Associates, requesting a street name change from Bears Way to
Acorn Way for property in Black Bear Ridge Phase 1, located within Section
34, Township 48 South, Range 26 East.
Resolution 2006-264
Page 14
October 10, 2006
B. This item continued from the September 26. 2006 BCC Meetine:.
Recommendation that the Board of County Commissioners adopt an
Ordinance amending Section 74-202 of Chapter 74 of the Collier County
Code of Laws and Ordinances (The Collier County Consolidated Impact Fee
Ordinance) by providing for a change in the time period allowed for
requesting an impact fee reimbursement, consistent with limitations set forth
by the Florida Statutes.
Ordinance 2006-43
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2005-AR-7834
Black Bear Properties of FL, LLC, represented by Tim Hancock, Planning
Director of Davidson Engineering, Inc., is requesting a rezone from the
Estates, Wellfield Risk Management Special Treatment Overlay Zone W-l
zoning district (E-ST/WS1) to the Commercial Planned Unit Development
(CPUD) zoning district for C-3 Intermediate Commercial land uses, which
can provide a variety of services with a common architectural theme, as
regulated in the Neighborhood Commercial Center of the Golden Gate Area
Master Plan (GGAMP). The subject property, consisting of 4.86 acres, is
located at the southwest corner of the intersection of Golden Gate Boulevard
and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East,
Collier County, Florida.
Ordinance 2006-44
D. Recommendation to amend the State Housing Initiative Partnership
(S.H.I.P.) Residential Rehabilitation Program through Chapter 114 of the
Countys Code of Laws to reflect improved administrative procedures and
organizational changes.
Ordinance 2006-45
E. Recommendation to amend the State Housing Initiative Partnership
(S.H.I.P.) Down Payment Assistance Program through Chapter 114 of the
Countys Code of Laws to reflect improved practices and organizational
changes.
Ordinance 2006-46
F. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SE-2006-AR-10283
Scrivener's Error to amend Resolution 2006-157 to reflect the correct legal
description and correct zoning for the subject property located in all of
Page 15
October 10, 2006
Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections
1 and 2, Township 48 South, Range 27 East, Less Road Right-of-Way for
County Road 846 (Immokalee Road), Collier County, Florida. (A
conditional use for earthmining activities)
Resolution 2006-265
G. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation that
the Board of County Commissioners adopt an Ordinance amending Collier
County Ordinance 90-105, as amended, the Collier County Contractors'
Licensing Board Ordinance.
Ordinance 2006-47
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 16
October 10, 2006
October 10, 2006
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN HALAS: Good morning, ladies and gentlemen,
and thank you, County Manager Jim Mudd.
I'd like to welcome everybody this morning. And also right now,
this is the Board of County Commissioners of Collier County, Florida,
and we're now in session.
If you would be so kind is, if you have cell phones or pagers, if
you would turn them off.
At this time we're going to have the invocation which is going to
be given by Jim Mudd, our county manager, and following that will be
the Pledge of Allegiance. If you would all rise.
MR. MUDD: Heavenly Father, we come to you today as a
community thanking you for the blessings that you have so generously
provided. Today we are especially thankful to the dedicated elected
officials, staff and members of the public who are here to help lead
this county as it makes the important decisions that will shape our
community's future.
We pray that you guide, lead and direct the decisions made here
today so that your will for our county would always be done. These
things we pray in your holy name, amen.
CHAIRMAN HALAS: Amen.
(The Pledge of Allegiance was recited in unison.)
Item #2A
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
Page 2
October 10, 2006
CHAIRMAN HALAS: Thank you. At this time are there any
change to the agenda, County Manager Jim Mudd?
MR. MUDD: Mr. Chairman, Commissioners, agenda changes,
Board of County Commissioners' meeting, October 10, 2006.
Item 4-C, revisions to this proclamation have been made with
copies distributed and made available for review, and that's at staff's
request. And I believe each commissioner has got the new
proclamation that was handed out this morning.
The next item is to continue item 8C to October 24,2006, and
this is a recommendation that the Board of County Commissioners
adopt, one, a resolution revising the Collier County water/sewer
district utilities standard manual and, two, an ordinance amending the
Collier County utility standards and procedures ordinance. It's project
number 70202, and that's at staff's request.
The next item is item 10H. Due to a scrivener's error in section
N -- and that was -- and that was something that was found by
Commissioner Fiala. It's a refund policy of the resolution for parks
and rec. facilities and outdoor areas license and fee policy,
replacement pages 11 through 14 have been provided.
And I want to make sure that each commissioner knows that
section N is the section that the correction was made to. It is replaced
in its entirety, and it's the only changed section. Even though there's
11 through 14, it had a numbering issue to it as we finished it up prior
to the chair's signature at the end.
The next item is to move item 16B2 to 101. It's a
recommendation to award bid number 06-4035 to Quality Enterprises
USA, Inc. for the Rivera Golf Estates lake interconnect, Fleur de Lis
Lane, project number 511351 in the amount of $120,000, and that
item was moved at Commissioner Fiala's request.
The next item is to continue item 16B6 to October 24, 2006.
That's a recommendation that the board accept a donation from the
Halstatt Partnership for the additional planning along Golden Gate
Page 3
October 10, 2006
Parkway up to the amount of$101,821.89, and that continuance is at
the contributor's request.
The next item is to move item 16D3 to 1 OJ, and it should read,
for clarification, a recommendation to waive formal competition to
approve contracting with Weller Pools, Inc., to install a 32-inch
diameter, 214-linear-feet Aquatube slide at a cost of$183,304.25.
That item was moved at Commissioner Fiala's request.
The next is a note and some time certains.
The note, item 8A. This item requires that all participants be
sworn in and ex parte disclosure be provided by commission
members.
Next item is 10C, delete number 8 under recommendations in the
executive summary which states, waive the accruing of fines in
connection with pending code enforcement action, CEB number
2004-002, if and when the county acquires title to the property. Per
staff, steps have not been taken to do an imposition of fines. The
Code Enforcement Board would be the board to consider waiving the
fines.
Also the dollar amount shown on the agenda index is incorrect.
On the agenda index it shows it as $8,570,0000. The correct dollar
amount, as reflected in the executive summary, is $8,575,000.
And then we have three time certain items today. Item lOA to be
heard at 11 a.m., and that -- that item was continued from September
26, 2006, BCC meeting. It's a recommendation to consider a
recommendation from the Habitat Conservation Plan Advisory
Committee to implement a Red-cockaded woodpecker compliance
plan, and that time certain is at staffs request.
Next item with a time certain is item 10C, and that's to be heard
at two p.m. It's a recommendation to approve and execute an
agreement for sale and purchase for Morande Enterprises, Inc., for the
purchase of 10.04 improved acres on Radio Road and Davis
Boulevard for Collier Area Transit and paratransit operations with
Page 4
October 10, 2006
Fleet Maintenance at a cost not to exceed $8,575,000. That item's at
staff s request.
And the last time certain item that we have on today's agenda is
item 10E to be heard at three p.m. It's a recommendation to approve
an amendment to the Local Housing Assistance Program, LHAP, for
fiscal years 2004 to 2005, 2005 to 2006 and 2006 to 2007, including
new and updated strategies to increase in the maximum allowable
home sales price and other changes as required by new state law, and
approve all necessary budgets amendments, and that's at staffs
request.
That's all I have, Mr. Chairman.
CHAIRMAN HALAS: Thank you very much.
At this time, are there any changes or corrections to today's
agenda by the county attorney?
MR. WEIGEL: No further changes. Thank you.
CHAIRMAN HALAS: Okay. At this time I'll ask that the Board
of County Commissioners, each individual, will give their ex parte
and any changes they may have on the consent agenda -- the ex parte
will be on the summary agenda -- starting off with Commissioner
Henning.
COMMISSIONER HENNING: I have no changes to today's
consent agenda, and I have one correspondence for the summary 17C,
as in Charlie.
CHAIRMAN HALAS: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have no changes -- no further
changes -- to the agenda, and I do have some ex parte on 1 7 -- I'm
sorry. No, no, I don't.
Yes, on 17C, which is Wellfield Risk Management, special
treatment overlay, and I have phone calls and regular calls to me, and I
have them in my packet here. Thank you.
CHAIRMAN HALAS: Okay. Myself, I have ex parte on items
17C and on 17F. That's a scrivener's error on 17F. And on 17C in
Page 5
October 10,2006
regards to Black Bear Properties of Florida. All the items are located
in my ex parte if anybody needs that.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, Mr. Chairman. I'd like to
pull item 17C for further discussion and move it to the regular agenda.
MR. MUDD: And, Commissioner, that would make that 8D.
CHAIRMAN HALAS: Okay.
COMMISSIONER COLETTA: And I have no other disclosures
to make on the summary agenda.
CHAIRMAN HALAS: Okay. And Commissioner Coyle --
excuse me.
COMMISSIONER COYLE: Mr. Chairman, I have no further
changes to make to the agenda, and on 17C I have disclosure. I did
meet with the representatives of the petitioner and I also have emails
from staff concerning this issue. And on 1 7F, I have correspondence
and mails concerning that scrivener's error.
CHAIRMAN HALAS: Okay. At this time I look for a motion in
regards to approving today's regular consent agenda and the summary
agenda as amended.
COMMISSIONER COYLE: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: Okay. I have a motion on the floor by
Commissioner Coyle, a second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
Page 6
CHAIRMAN HALAS: Opposed, by like sign?
(N 0 response.)
CHAIRMAN HALAS: Motion carries.
Page 7
October 10, 2006
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
October 10. 2006
Item 4C: Revisions to this Proclamation have been made with copies distributed and made available for
review. (Staff's request.)
Continue Item 8C to October 24.2006: Recommendation that the Board of County Commissioners adopt 1}
a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2} an
Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number
70202. (Staff's request)
Item 10H: Due to a scrivener's error in Section N Refund Policy of the Resolution for the P&R Facilities
and Outdoor Areas License and Fee Policy, replacement pages 11-14 have been provided. Section N is
being replaced in its entirety and is the only changed section. (Staff's request.)
Move 16B2 to 101: Recommendation to award Bid No. 06.4035 to Quality Enterprises USA, Inc. for the
Riviera Golf Estates Lake Interconnect Fleur de lis Lane, Project Number 511351 in the amount of $120,000.
(Commissioner Fiala's request.)
Continue Item 16B6 to October 24. 2006: Recommendation that the Board accept a donation from The
Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of
$101,821.89. (Contributor's request)
Move Item 16D3 to 10J and should read (for clarification): Recommendation to waive formal competition to
approve contracting with Weller Pools, Inc. to install a 32-inch diameter, 214 linear feet Aquatube Slide at a
cost of $183,304.25. (Commissioner Fiala's request.)
Note:
Item 8A: This item requires that all participants be sworn in and ex parte disclosure be provided by the
Commission members.
Item 10C: Delete #8 under Recommendations in the Executive Summary which states: Waive the accruing
of fines, in connection with pending Code Enforcement action CEB No. 2004-002, if and when the County
acquires title to the Property. Per Staff, steps have not been taken to do an Imposition of Fines; the Code
Enforcement Board would be the Board to consider waiving the fines. Also, the dollar amount shown on
the agenda index is incorrect ($8,570,000). The correct dollar amount as reflected in the executive
summary is $8,575,000.
Time Certain Items:
Item 10A to be heard at 11:00 a.m.: This item continued from the September 26, 2006 BCC Meeting.
Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee
to implement a Red-Cockaded Woodpecker Compliance Plan. (Staff's request.)
Item 10C to be heard at 2:00 p.m.: Recommendation to approve and execute an Agreement for Sale and
Purchase with Morande Enterprise, Inc., for the purchase of 10.04 improved acres on Radio Road and Davis
Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a cost not to
exceed $8,575,000. (Staff's request.)
Item 10E to be heard at 3:00 p.m.: Recommendation to approve an amendment to the Local Housing
Assistance (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated
strategies, an increase in the maximum allowable home sales price, and other changes as required by new
state law and approve all necessary budget amendments. (Staff's request.)
October 10, 2006
Item #2B & #2C
MINUTES OF THE SEPTEMBER 12, 2006 BCC REGULAR
MEETING AND THE SEPTEMBER 13,2006 (CARRY-OVER
FROM BCC SEPTEMBER 12, 2006) REGULAR MEETING -
APPROVED AND/OR ADOPTED WITH CHANGES
Motion to approve September 12,2006, BCC regular meeting;
September 13,2006, BCC regular meeting carryover from September
the 12th, 2006. Do I have a motion?
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN HALAS: Okay.
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: Okay. Motion on the floor by
Commissioner Coy Ie, seconded by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN HALAS: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(N 0 response.)
CHAIRMAN HALAS: Motion carries.
Item #3
EMPLOYEE AND ADVISORY BOARD MEMBERS SERVICE
AWARDS - PRESENTED
Page 8
October 10, 2006
I believe that brings us to item number 3, which will be the
service awards.
MR. MUDD: Yes, sir. And we'll start out with advisory
committee service awards, and we have three five-year recipients
today. And if those recipients would come forward individually as
they're called.
The first five-year recipient is Mr. Lindy Adelstein, and he's
contributed five years of dedicated service to the Collier County
Planning Commission.
COMMISSIONER HENNING: Mr. Chairman, a request by the
Planning Commission members, my understanding, they want to come
up all at once.
CHAIRMAN HALAS: Okay, sure.
MR. MUDD: Okay. Mark Strain is our next recipient. And
again, five years of dedicated service to the Collier County Planning
Commission.
(Applause.)
CHAIRMAN HALAS: I'd like to say a few words in regards to
these gentlemen. I believe there's another person that couldn't make it
this morning. But I just want to say that -- I want to say that these
people, individuals, that are on the Planning Commission dedicate a
huge amount of time in regards to making sure that our Land
Development Code, Growth Management Plan, is followed and they
give a lot of time in presentation to make sure that everything is done
correctly, and I really, really want to thank everyone, not only these
people, but the other people that are on the Planning Commission, for
their dedicated service.
Thank you both for your dedicated service.
(Applause.)
CHAIRMAN HALAS: Want to say anything?
COMMISSIONER FIALA: Thank you.
MR. STRAIN: Thank you.
Page 9
October 10, 2006
MR. MUDD: Commissioners, normally we don't mix -- we
normally do your advisory boards one meeting and then we do staff,
but in this particular case, this 25-year attendee is going to leave us on
Friday and will be out of the county, so if we don't have this
opportunity to say thanks, it would -- it would be a fleeting
opportunity.
So to without further ado, we amended just a little bit. We have a
25-year employee of Collier County that is -- that is going to retire,
and that's Harry Huber. And Harry, if you could please come forward.
(Applause.)
CHAIRMAN HALAS: Harry, thank you very, very much for
your dedicated service, 25 years, as an engineer here with Collier
County. We greatly appreciate your service and wish you well on
your upcoming retirement.
MR. HUBER: Thank you very much.
MR. MUDD: You could smile, Harry.
(Applause.)
Item #4
PROCLAMATION WISHING EDISON COLLEGE GREAT
SUCCESS IN THE UPCOMING HEART AND MS WALKS -
ADOPTED
MR. MUDD: Commissioner, that brings us to proclamations.
First proclamation is a proclamation to wish Edison College great
success in the upcoming heart and MS Walks, to be accepted by
representatives of Edison College. And if you could please come
forward.
COMMISSIONER COLETTA: Please come right up here, and
we're going to put that Cat in the Hat, the look-alike, Mr. Chance --
I'm going to let you hold him. And we're going to give Mr. Halas
Page 10
October 10, 2006
back his gavel pounder. Assemble yourselves right here and face the
audience.
And it is my pleasure to be able to read this proclamation.
Whereas, through the efforts of several campus students
leadership organizations, including the Student Government
Association, the Edison College Chapter of Phi Kappa ( sic)
International Honor Society, and the National Multiple Sclerosis
Association, Edison College Internship Program, Edison College
makes a unique contribution to the health of nonprofit organizations of
Collier County; and,
Whereas, student leadership organizations have created a
tradition of community involvement for the entire Edison College
community. In the fall of each year, Edison College takes part in the
heart walk.
In 2004, Edison College had the largest new walk team in the
heart walk. In 2005, Edison College had the largest walk team at that
heart walk. Similarly, in the spring of each year, Edison College takes
part in the MS walk.
For the past two years, 2005 and 2006, Edison College had the
largest MS walk team in the State of Florida.
Present here today to honor Edison College and these student
leadership organizations are the Southwest Florida representatives of
the American Heart Association and the National Multiple Sclerosis
Society; and,
Whereas, Edison College is very much a part of the fabric of
Collier County, the work of these Edison College student leadership
organizations and organizing the Edison College faculty staff and
student body to participate in the heart walk and the MS walk makes a
direct contribution to the financial help of these nonprofit
organizations in Collier County.
Of equal importance, recognizing that Edison College has a
central role in training the emerging leadership of Collier County, this
Page 11
October 10, 2006
tradition of involvement with nonprofit organizations exposes Edison
College students to the unique role that nonprofit organizations play in
American life; and,
Whereas, finally, sitting with the members of the Board of
Collier County Commissioners today is the Edison College Walk
mascot. This Cat in the Hat look-alike was named Chance by Edison
College students indicating that helping nonprofits was giving a
number -- giving others a needed chance. He has been carried by
Edison students in all of the heart walks and the MS walks; and,
Whereas, the Board of Collier County Commissioners at this
time both acknowledges the ongoing contributions of Edison College
to our community and returns the Edison College walk mascot,
Chance, to those gathered here today from Edison College to escort
him back to the campus for the kickoff of the Edison College 2006,
heart walk effort.
Now, therefore, be it proclaimed that the Board of Collier County
Commissioners, Collier County, Florida, wishes Edison College great
success in the upcoming heart and MS walk.
Done and ordered this, the 10th day of October, 2006, and signed
by our chair, Frank Halas.
And I make a motion for approval.
CHAIRMAN HALAS: Second. Motion on the floor by
Commissioner Coletta in regards to this proclamation, and a second by
Frank Halas.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
Page 12
October 10, 2006
CHAIRMAN HALAS: Motion carries, unanimous.
Congratulations.
(Applause.)
COMMISSIONER FIALA: I like the arms around each other. It
shows a team, doesn't it?
COMMISSIONER COLETTA: Dr. Sparks Lenny will be
addressing those present.
COMMISSIONER HENNING: So how many miles are you
going to walk?
UNIDENTIFIED SPEAKER: Three.
COMMISSIONER HENNING: Three miles, wow. That's great.
COMMISSIONER COLETTA: Thank you for lending me the
Chance. It was a lot of fun. We had a very meaningful relationship.
UNIDENTIFIED SPEAKER: Thank you for giving him back.
CHAIRMAN HALAS: Would you like to say a few words after
we get a picture?
Would you like to say a few words?
DR. LENNY: If I may.
CHAIRMAN HALAS: Yes. Right at the podium right over
here. Either one of those mikes.
DR. LENNY: I would like, on behalf of Edison College and the
American Heart Association and the National Multiple Sclerosis
Society to thank the commissioners for the proclamation this morning.
Everyone here knows that this is the center of Collier County
government and, therefore, a place of leadership in our county, but not
the only one.
Over here in our white shirts -- please stand interns -- are our
interns who have produced those heart walk and MS walk teams.
Over here in the blue shirts, over here, is the president of the
Edison College Student Government Association. And he, too,
presides, as the chair does, using Roberts Rules of Order, because we
live in a nation where our tradition is democracy, government by
Page 13
October 10, 2006
discussion, government by rule of law and the majority.
I'd like also to introduce Theresa Fuller. She's from the American
Heart Association. She is the leadership here; and Dr. Don Williams,
who's the vice-chair of the MS walk; Sue Buntic, who is our student
advisor on campus; and not present here at the moment is Tony
Marino of the Marino Group who has provided, again, this year, the
limousine to escort our mascot back. He was too busy to get here this
mornIng.
I want to thank you all for not only the leadership you provided
in the day-to-day business of Collier County, but also for recognizing
the incredible role in the leadership of our community that nonprofit
organizations play, that faith communities play, and, indeed, that the
future leaders of our county, the emergent leadership play.
These are the students who are out there actually doing things,
and you know from your own personal experience, they are the
students who are going to go on for their lifetime to provide leadership
in whatever communities they reside in.
God bless you and thank you very much.
CHAIRMAN HALAS: Thank, sir.
(Applause.)
DR. LENNY: I forgot Gary Pickle. Please stand up.
MS. FULLER: He had to leave.
DR. LENNY: He had to leave. He's the chair of the heart walk.
Item #4 B
PROCLAMATION DESIGNATING OCTOBER 28,2006 AS
NAACP FREEDOM FUND DAY - ADOPTED
MR. MUDD: Mr. Chairman, the next proclamation is a
proclamation designating October 28, 2006, as the NAACP Freedom
Fund Day, to be accepted by Laverne Franklin and Harold Weeks.
Page 14
October 10, 2006
MS. FRANKLIN: Good morning.
COMMISSIONER FIALA: Good morning.
Hi. How are you?
Whereas, the National Association of the Advancement of
Colored People Freedom, NAACP, will hold its 24th Freedom Fund
banquet and awards ceremony on Saturday, October 28, 2006 at the
Elks Lodge; and,
Whereas, proceeds of this event will be used to ensure that
economical, political, educational and social equality remains strong
within our community; and,
Whereas, the public is invited to attend and share in this
celebration of freedom for all.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that October 28, 2006 be
designated as NAACP Freedom Fund Day.
Done and ordered this 10th day of October, 2006, Board of
County Commissioners, Collier County, Florida, Frank Halas,
Chairman.
And Mr. Chairman, I'd like to motion for approval.
CHAIRMAN HALAS: Okay. And I'll second that.
All those in favor of this proclamation by Commissioner Fiala,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries unanimously.
Congratulations.
(Applause.)
Page 15
October 10, 2006
COMMISSIONER FIALA: Well, we'll see on the 28th.
CHAIRMAN HALAS: Hi, Laverne, good to see you.
COMMISSIONER COYLE: Good to see you.
MS. FRANKLIN: Good morning. And I would like to thank
you very much for this honor, as usual.
And we want to invite everyone to the banquet this year, which is
October 28th at the Elks. It's not only about -- the NAACP main
mission is about fighting discrimination and racism, but we also are
very involved in the community at large.
And this banquet is the main fund raiser for us because we have
an awful lot of educational programs, because we start with our youth,
and we go all the way up to the college level talking about how we
can make this -- our Collier County, how we co-exist here in peace
and harmony, and that's what we're really all about, you know,
working together with our government, with our city officials and with
the public at large about our children, about making everything on an
equal plain.
So we ask you for your support and hope that you would join us
on October 28th. Thank you for this honor.
CHAIRMAN HALAS: Thank you.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING OCTOBER 10, 2006 AS PUT
THE BRAKES ON FATALITIES DAY - ADOPTED
MR. MUDD: Commissioner, the next proclamation is a
proclamation recognizing October 10, 2006 as Put the Brakes on
Fatalities Day, to be received by members of the Collier County
Transportation Department, Collier County Sheriffs Office, and if
there's anyone from the Naples Police Department or the Florida
Page 16
October 10,2006
Highway Department, if they'd please come forward.
COMMISSIONER HENNING: As I read this, I -- it's just
astounding that 300 children under the age of five are killed because
either they wasn't restrained or alcohol related. I mean, it's astounding
that parents would not take the time to either restrain them or be
neglecting by drinking and driving.
But anyways, let me read this.
Whereas, traffic crashes in the U.S. causes more than 42,000
fatalities each year and are the leading cause of death for people ages
six to 33; and,
Whereas, nationally nearly 300 children under the age of five,
five years old, who are (sic) killed in motor vehicle crashes in 1999
were totally unrestrained, and alcohol-related crashes account for 38
percent of all fatalities; and,
Whereas, poor road conditions and obsolete design contribute to
more than 15,000 highway deaths annually; and,
Whereas, deaths and injuries on U.S. highways cost society over
$150 billion annually; and,
Whereas, Collier County -- in Collier County, 55 people were
killed in crashes on roads in 2005, eight of those were either
pedestrians or bicyclists, 17 of those have died -- were alcohol-related
crashes, and another 2,388 people were seriously injured in 2,812
reported crashes;
Whereas, safety -- safer drivers, driving behaviors, such as using
your seat belt, not drinking and driving and obeying traffic laws would
dramatically reduce the number of traffic related injuries and deaths;
and,
Whereas, the use of cost effective roadway safety improvements
such as all-weather markings, skid resistant pavement, and removal of
road hazards could also greatly reduce the number of traffic crashes;
and,
Whereas, the continuing development of safer vehicles and
Page 1 7
October 10,2006
protective traffic safety equipment such as helmets to (sic) enhance
people's ability to protect themselves and their families from
preventable tragic permanent injuries and death.
Now, therefore be it proclaimed by the Board of Commissioners
of Collier County, Florida, that October 10, 2006, be designated as Put
the Brakes on Fatalities Day.
Done in this order, October 10, 2006, and signed by the
chairman.
Chairman, I make a motion that we approve this proclamation.
COMMISSIONER FIALA: Second that motion.
CHAIRMAN HALAS: Okay. We have a motion on the floor by
Commissioner Henning in regards to this wonderful proclamation, and
a second by Commissioner Fiala.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(N 0 response.)
CHAIRMAN HALAS: Motion carries.
(Applause.)
COMMISSIONER COLETTA: Thank you for doing an
excellent job.
MR. MUDD: You can't leave. I need a picture. Hey, Norm.
Norman?
COMMISSIONER FIALA: Picture time.
(Applause.)
COMMISSIONER HENNING: Mr. Chairman, I have a question
for one of the deputies. What is the fine for not restraining your child
in a safety restraint seat?
Page 18
October 10, 2006
UNIDENTIFIED SPEAKER: One hundred dollars, 15 cents.
COMMISSIONER HENNING: Unbelievable.
MR. MINCH: Yeah, and that's the one thing that I'd like to say,
that there's a couple things we can do as a community that are very
simple. One is, obey the speed limit. The second thing is, buckle up,
everybody in that vehicle, and make sure the children are secured
properly in those seats.
And on behalf of Sheriff Hunter this morning, I'd like to thank
the county, the County Commission, and everybody that helps us.
And Norm Feder. Where'd he go? He run out already. There he is in
the back. He's done a tremendous job here locally, and I don't think
people see -- they see all of us on the news and everywhere else all the
time. I spend so much time on the news, I think I playa cop on TV
sometimes instead of in real life.
But his group does such a tremendous job with road safety and
tweaking things constantly. We spend a great deal of our time in
concert working with Florida Highway Patrol and county
transportation, everybody else, just trying to make things better so
when the people call and they tell us things, I want everybody to know
that we do react to that and we meet regularly, and we work on those
little things, the little signs that are missing and things to make this
place safer.
It's everybody's effort all together, all of the citizens, the City of
Naples, the City of Marco Island, all the police officers locally,
Florida Highway Patrol, and the county transportation that makes this
work.
And Sheriff Hunter would like to thank everybody for that great
partnership that we've foraged here. There are no lines or boundaries
there, and we appreciate this a great deal. Thank you very much.
COMMISSIONER FIALA: Thank you. While the officers are
getting up to go, I wanted to mention that tonight at six o'clock over at
the East Naples Fire Station on Davis Boulevard they're honoring
Page 19
October 10, 2006
those two young men from Lely High School who saved that mother
and two-year-old child when they went into the ditch as other people
passed by. And if any of you feel so inclined, we'd love to have you
join us in honor of these young men. Thank you.
Item #5A
PRESENTATION OF THE ADVISORY COMMITTEE
OUTSTANDING MEMBER AWARD TO LAWRENCE M.
BA YTOS, COUNTY GOVERNMENT PRODUCTIVITY
COMMITTEE - PRESENTED
MR. MUDD: Commissioner, that brings us to presentations, and
the first presentation is a presentation of the advisory committee
outstanding member award to Lawrence M. Baytos, Collier County
Productivity Committee. And Mr. Baytos, if you could come forward.
Mr. Larry Baytos has earned the respect and admiration of his
fellow productivity committee members. He has brought many
productivity projects to successful conclusion by serving as the
chairman of the following productivity committee studies: The Fire
Protection Impact Fee Review; the Correction Facilities Impact Fee
Review; the Library Impact Fee Review; the Law Enforcement Impact
Fee Review; the Government Buildings Impact Fee Review; the
Administrative Services Division Budget Review; the Human Services
-- the Human Resource Team of Efficiency and Effectiveness Study.
Additionally, Mr. Baytos participated on the Employee Benefits
Review Subcommittee and on the Emergency Medical Services
Impact Fee Review.
He was indispensable in planning for the efficiency and
effectiveness workshops with the Board of County Commissioners,
taking the time to ensure that the presentation was prepared in a very
professional manner. His sense of humor, attention to detail, and the
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October 10,2006
high level of professionalism have truly made him an outstanding
advisory committee member.
Ladies and gentlemen, I present to you Mr. Larry Baytos.
(Applause.)
CHAIRMAN HALAS: Larry, on behalf of the Board of County
Commissioners, we want to thank you for your dedicated service on
the productivity committee. And here's a plaque for you to hang up in
your study, and also we have a parking pass for you for one month.
So you won't -- you have your own parking spot now.
Congratulations, and thank you very, very much for all your
work.
(Applause.)
COMMISSIONER COLETTA: That's Commissioner Halas's
parking place.
MR. BA YTOS: Thank you.
COMMISSIONER COYLE: Thank you.
COMMISSIONER FIALA: Wow, you're quite an addition to
that group.
MR. BA YTOS: Thanks again.
CHAIRMAN HALAS: Thank you.
(Applause.)
Item #5B
REPORT AND THANK YOU BY JEANETTE SHOWALTER TO
THE BOARD OF COUNTY COMMISSIONERS REGARDING
THE MSBU FOR NAPLES PARK - PRESENTED
MR. MUDD: The next presentation is a report and thank you by
Jeannette Showalter to the Board of County Commissioners regarding
the MSBU for the Naples Park Lake.
MS. SHOWALTER: Good morning. I wanted to thank you for
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October 10, 2006
your approval.
MR. MUDD: State your name.
MS. SHOW ALTER: Oh, Jeannette Showalter. I wanted to
thank you for your approval about one year ago for the formation of
the MSBU, for the cleanup of the two-acre lake in Naples Park, and
then to briefly report on the status.
About two years ago I began joining Tom Mooney at the podium
here to talk about the problems with the lake, and then the county
began working with us, and Jeff Klatzkow, Diane Flagg, worked with
us over about a six-month period of time. And by the summer of'05,
we had an MSBU petition, which was approved by you.
Work began in the beginning of '06. And we got a lot done, but
by the springtime it was clear that the scope was not being completed.
Commissioner Halas made it apriority, along with Diane, to
come out to the site to make sure that the project would be
accomplished in full scope. Additional monies were expended within
the $40,000 limit, and we had a new project manager assigned, Pam
Lalich, and she's done a very good job, and she's working with us
through to completion.
About that time, Tom and I realized that the re-growth was
happening very, very quickly. And I suggested to him, without really
__ not knowing that what I was suggesting, that we just go in and pull
the roots. It didn't seem like such a big job.
He was very discouraged by it, but one day I found him in the
lake. And the next week I found myself in the lake, too. And I put in
40 hours of labor in the lake, he put in a 100, and in that five-week
period of time, we pulled out over 20,000 pounds.
The project didn't end there. Tom went on solo during the
summer. He probably put in another over 300 hours. I know that we
pulled out over 25 tons just between the two of us.
We were not pulling out just the potential re-growth, but we
wound up pulling up huge reams of carpet thrown in the lake,
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October 10, 2006
shopping carts, metal canisters, plastic, plywood. It had become a
dumping ground.
And so at this point in time, I'm working with the residents on the
formation of an MSTU for ongoing work on the lake.
I'm very, very sad to know that Tom is leaving Naples Park at
this point in time. He's been an incredible example of a servant leader.
He's done tremendous work for the residents. And I -- hopefully I'll
be before you in the coming weeks to present an MSTU, okay. Thank
you very much.
CHAIRMAN HALAS: Thank you very much.
(Applause.)
MR. MUDD: The next presentation is a presentation from the
Substance Abuse Coalition of Collier County, to Parks and Recreation
Director, Barry Williams --
COMMISSIONER COYLE: Mr. Chair, if I could just make a
quick comment.
Would it be appropriate for us to recognize Tom before he leaves
the community for his fine work in this beautification of this lake? I
mean, that is really unusual dedication to helping a community, and I
think it would be an appropriate thing to do for us to recognize him.
Would we have time to do that?
CHAIRMAN HALAS: And Jeannette for all the hard work--
COMMISSIONER COYLE: Yeah, both of them, yes.
CHAIRMAN HALAS: When is he planning on leaving; do you
know?
MS. SHOWALTER: He's still in the county, but I'm sure if
requested, he would certainly come here and receive recognition. I
think it's a wonderful idea. He also -- we also put in additional funds
ourselves, but really Tom is the leader on the project.
Thank you so much for thinking about it, Commissioner Coyle.
CHAIRMAN HALAS: What we'll do is put that on the next
agenda for a proclamation for Tom.
Page 23
October 10, 2006
COMMISSIONER COYLE: Good.
Item #5C
PRESENTATION FROM THE SUBSTANCE ABUSE COALITION
OF COLLIER COUNTY TO PARKS AND RECREATION
DIRECTOR BARRY WILLIAMS - PRESENTED
MR. MUDD: Commissioner, that brings us to our next
presentation. It's a presentation from the Substance Abuse Coalition
of Collier County to parks and recreation director Barry Williams, to
be presented by Collier County Court Judge Lauren Brodie and
Undersheriff Kevin Rambosk. And I believe Kevin isn't here, but he
has an able substitute.
JUDGE BRODIE: Good morning, and thank you so much for
allowing us the opportunity to come here and make this presentation
to Barry Williams.
The Substance Abuse Coalition was founded a year and a half
ago. And Commissioner Fiala, you were so gracious on behalf of the
commission to be with us during those instrumental planning sessions.
You were also so kind to give us Barry Williams as the county
designee, and we couldn't be happier.
For you to know just what the coalition's doing, our mission is to
reduce the juvenile substance abuse throughout Collier County
through education and prevention services.
F or those of you who may not know, every third day in Collier
County a juvenile goes to a hospital emergency room as a result of a
drug or alcohol overdose. That's here in Collier County.
Another statistic that people probably don't realize is that the use
of inhalants in middle school almost doubled from 2002 to 2004, from
12 percent to 21 percent. So these are kids in our middle school that
are being affected by substance abuse. So you can imagine why we
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October 10, 2006
all joined efforts; the sheriffs office, the schools, county government,
local government, private businesses, parents, teachers, everyone, so
anyone who's interested.
But I have to tell you about Barry Williams. He was wonderful.
He became a board member. He volunteered single-handedly to learn
about grant writing. He volunteered to go to a two- or three-day
workshop last October in Orlando to learn how to write grants and to
meet the people in the Substance Abuse Coalition network in the State
of Florida.
As a result of that, he wrote two grants. And just two months ago
we found out that, number one, we were the recipient of a five-year
$100,000 grant from the federal government that Barry had written,
and we also found out that we were the recipient of a two-year,
$35,000 grant from FSU. We could not have done this without Barry
Williams.
So Barry, if you -- do I do it here or there?
So on behalf of the Substance Abuse Coalition -- this is our
executive director, this is Commander Guerette -- I'd like to present to
you this plaque in appreciation for your dedicated service and
invaluable contribution to the coalition and to Collier County. We
wouldn't be where we are if it hadn't been for you.
Thank you.
COMMISSIONER FIALA: Oh, that's really great.
(Applause.)
CHAIRMAN HALAS: Congratulations. Thank you.
JUDGE BRODIE: Thank you.
COMMISSIONER COLETTA: Sure glad you came to work
with Collier County.
JUDGE BRODIE: He was wonderful.
COMMISSIONER HENNING: She said you were wonderful.
JUDGE BRODIE: Are.
COMMISSIONER FIALA: You is.
Page 25
October 10, 2006
COMMISSIONER HENNING: You is?
COMMISSIONER FIALA: Yeah.
Item #5D
RECOGNIZING ALLEN MADSEN FOR HIS EXCEPTIONAL
PERFORMANCE AS THE ON-SITE REPRESENTATIVE OF
COLLIER COUNTY AND AMBASSADOR TO THE PUBLIC FOR
THE COLLIER COUNTY/CITY OF NAPLES 2006 BEACH
RENOURISHMENT PROJECT - RECOGNIZED
MR. MUDD: Commissioner, for the next two presentations, I'd
ask your indulgence. Ifwe could ask Mr. Ron Pennington to come up
and help us with this thing. He is your chairman of the Coastal
Advisory Committee. And these two gentlemen had a lot to do with a
successful beach renourishment proj ect.
And Ron, are you going to take it over from here?
MR. PENNINGTON: Be happy to do that. Thank you very
much, and good morning, Commissioners. Ron Pennington, chairman,
Collier County Coastal Advisory Committee.
Would Mr. Al Madsen please come forward.
(Applause.)
MR. PENNINGTON: You can be my right-hand man again right
now.
A major player and contributor in the success of our beach
renourishment project is Al Madsen. Al was the on-sight eyes and
ears for Collier County, ensuring the beach construction contractor
was observing all required procedures and safety practices, working
with beach-front hotel managers to minimize business impacts,
serving as our good will ambassador and answering the myriad of
questions from our residents and wide-eyed tourists.
AI's long hours and full weeks were a major element in
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October 10, 2006
completing the project with a minimum of problems.
It is the recommendation of the Coastal Advisory Committee that
the Board of County Commissioners recognize Al for his exceptional
performance as the on-sight representative of Collier County and
ambassador to the public for the Collier County/City of Naples, 2006
beach renourishment proj ect.
Commissioners, may I present Mr. Al Madsen.
(Applause.)
CHAIRMAN HALAS: A little plaque for you. Thank you very,
very much for your service. We really appreciate it. We'll have to go
for a ride again soon. Take that tag off -- turn around for a minute.
Let me take that tag off. Yeah, there you go.
(Applause.)
COMMISSIONER HENNING: Job well done.
MR. MADSEN: Thank you.
MR. OCHS: Congratulations.
MR. MUDD: Thank you.
Item #5E
RECOGNIZING GARY MCALPIN FOR HIS EXCEPTIONAL
LEADERSHIP AND MANAGEMENT OF THE COLLIER
COUNTY/CITY OF NAPLES 2006 BEACH RENOURISHMENT
PROJECT - RECOGNIZED
MR. PENNINGTON: And now would Mr. Gary McAlpin please
come forward.
(Applause.)
MR. PENNINGTON: Major renourishment of the beaches of the
City of Naples, a portion of Pelican Bay and Vanderbilt Beach was
recently completed. The newly widened beach with high quality sand
has received rave reviews by beach grant -- beach fans around the
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October 10,2006
county .
The success of this $24.2 million project was in no small part the
result of the outstanding leadership and program management of our
coastal proj ects manager Gary McAlpin.
Gary provided the direction, oversight and coordination of the
many participants, including the Army Corps of Engineers, FEMA,
Florida Department of Environmental Protection, other federal and
state agencies, consultants, staff, and others to bring the project into
fruition.
It is the recommendation of the CAC that the Board of County
Commissioners recognize Gary McAlpin for exceptional leadership
and management of the Collier County/City of Naples 2006 beach
renourishment proj ect.
Commissioners, Mr. Gary McAlpin.
(Applause.)
CHAIRMAN HALAS: Gary, on behalf of the Board of County
Commissioners, thank you so much for your leadership on that
project. What a wonderful, outstanding job you did.
MR. McALPIN: Thank you, sir.
(Applause.)
MR. MUDD: They're all wanting you to take another picture.
CHAIRMAN HALAS: Gary, we'll get one picture here, if we
could, of you.
MR. McALPIN: Thank you.
(Applause.)
MR. PENNINGTON: And Commissioners, Mr. Mudd, Mr.
Oches, the CAC thanks you all very much.
MR. MUDD: Thank you, Ron.
CHAIRMAN HALAS: Thank you, Ron.
COMMISSIONER COYLE: Mr. Chairman? Ron?
CHAIRMAN HALAS: Excuse me, Ron.
COMMISSIONER COYLE: Ron, how long have you been
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October 10,2006
involved in advisory committees in Collier County?
MR. PENNINGTON: Mmm. Well, Betty and I have been
residents here, we're now in our 25th year. And we've been
volunteering, I'm sure, for 20 of those years.
COMMISSIONER COYLE: Have we given you a recognition
pin yet for --
MR. PENNINGTON: Well, I got a five-year award for the -- for
this one. And from the city, they surprised me with a declaration of a
Ron Pennington Day and a key to the city, so I have had recognition.
And I certainly appreciate that and have enjoyed every minute of it.
COMMISSIONER COYLE: Good. Thank you very much, Ron.
MR. PENNINGTON: Thank you all.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST BY RICHARD GAZZERRO AND
THOMAS RAMSEY TO DISCUSS CODE VIOLATIONS FOR THE
SHIRLEY STREET ANTIQUE MALL - PETITIONER'S
VIOLATION AND CITATION IS PLACED ON HOLD BY THE
CODE ENFORCEMENT BOARD UNTIL THE BCC REVIEWS
THE POLICY AND A DECISION IS MADE ON THE POLICY
FOR NAPLES INDUSTRIAL PARK AND TO BE BROUGHT
BACK TO THE NOVEMBER 28TH BCC MEETING - APPROVED
MR. MUDD: Commissioners, that brings us to public petitions.
First petition is a public petition request by Richard Gazzerro and
Thomas Ramsey to discuss code violations for the Shirley Street
Antique Mall.
And if you could just state your name for the record, sir.
MR. RAMSEY: Hi. I'm Thomas Ramsey and behind me is
Richard Gazzerro, and I'd like to thank you for at least hearing us
Page 29
October 10, 2006
today.
We're here because we've had a store on Shirley Street for 12
years, an antique mall, and code has come and said that we're retail in
an industrial area, so they want to close us because you can't have a
retail store there.
But we're kind of like asking the commissioners for their help in
a way because, you know, 70 percent of the three streets around us are
retail. And, you know, I'm being selectively enforced because
somebody didn't like me.
So I mean, it kind of isn't fair because, you know, I hold a mall
with 40 dealers and in the back -- I also have a military store in the
back of my store, which is probably one of the biggest military stores
in the nation. And we're putting everybody out of business if we can't
continue business.
And code isn't giving us any options to continue business because
we've asked whatever way we can continue, we'd like to pursue it.
But, you know, it's a shame because of out of these 40 people, you
know, we shop at stores around us and eat at restaurants around us and
grocery stores, so that alone takes our money out of those places.
And then, you know, the customer base we have is pretty large,
so they won't be spending money in those stores. So, you know,
you're not just putting us out of business. You're also putting other
people out of jobs, too, because, you know, there's no reason -- if all
the retail has to close up there.
And I mean, I got singled out this time, but, you know, I kind of
think if I'm supposed to close, I guess everybody that's retail should
have to close, you know, because I don't think it's fair just to close me
because, you know, one person complained.
I mean, I think it's all about making money. I mean, our tax
money goes to help the community and it helps to support everything
so -- and when we do generate a fairly large business there, so I mean,
that alone's lost.
Page 30
October 10,2006
And I do travel every day from Cape Coral just to come down
here. So I mean, I just -- I don't understand. I mean -- but I would ask
if anybody can help us, we are asking for help, because, you know, we
just want to stay in business.
And, you know, it's the wrong time of year to put everyone out in
the street. And some of my people in my shop are fairly older and,
you know, it's, like, kind of an awkward situation to tell them that, you
know, you have to go out and this is it.
But I just don't understand how code enforces some of the rules
because, you know, we kind of meet all the criteria. We sell antiques.
They're used furniture. Used furniture's considered wholesale. But
because I sell to a person that comes in off the street that doesn't have
a retail license, that's considered retail? So I mean, I just -- the codes
are kind of mixed up.
I think the zoning and the codes need to come up to the present
and not the past and meet the criteria that's there in the present,
because we are all retail. And there's actually a booklet that's even
advertising the retail stores. And I'll tell you, you can go down
Taylor, you can go down Yahl, you can go down J&C, everywhere in
the industrial park in North Naples, there's retail, so -- but, if you can
do anything, we would appreciate it.
We just want to stay in business, and I'm sure Homer Health (sic)
and the military wants to stay in business, and I know some of the
commissioners, people shop there. So I mean, I've seen some people
in different places there so -- and that's all we're asking for.
CHAIRMAN HALAS: Okay.
MR. RAMSEY: But -- and we want to thank you.
CHAIRMAN HALAS: Thank you. Commissioner Henning?
COMMISSIONER HENNING: Yes, I have a question, sir?
CHAIRMAN HALAS: Yes.
COMMISSIONER HENNING: The -- did somebody tell you
that you should petition the Board of Commissioners?
Page 3 1
October 10, 2006
MR. RAMSEY: Yes.
COMMISSIONER HENNING: Who is that? Was it an
employee?
MR. RAMSEY: It was the county manager.
MR. GAZZERRO: We've been in so many different offices
trying to see what we can do about this that I honestly can't remember
who it was. I think it was someone in one of the code enforcement
offices.
MR. RAMSEY: Either that or Mr. -- is it Bob, the county
employee?
COMMISSIONER HENNING: Anyways, let me just tell you,
you've been issued a citation and a notice to appear, and for this board
to get involved, I think, it's a little dicey. And if I'm wrong, I think the
County Attorney's Office needs to tell us.
If I'm correct, I'm appalled that an employee would direct you to
come to us when our hands are tied. But let me just say that I looked
up your occupational license, and your occupational license says
wholesale.
MR. RAMSEY: Yeah. It's been the same license there for 12
years.
COMMISSIONER HENNING: Right. And wholesale -- and it's
my understanding, is allowed within the industrial zoning district. I
would imagine you got that from county government. I think you
need to fight that issue before the Code Enforcement Board.
But let me -- let me just say one other thing. The Board of
Commissioners had this discussion about the industrial zoning districts
and retail operations eating up our industrial zoning, and it never was
meant to provide for retail uses. It's more -- it's there to provide for
heavier uses.
MR. RAMSEY: See, we're just amazed though because--
COMMISSIONER HENNING: I wish you well in your
endeavor.
Page 32
October 10,2006
But, County Attorney, is there anything that we can do since
there is a citation issued?
MR. WEIGEL: No. I think -- I think that your statement is
correct there. It appears that there is a matter before the Code
Enforcement Board and they can go before the Code Enforcement
Board.
The only thing I could glean otherwise from the discussion so far
from the petitioner is potentially a request for board review of the
policy of the zoning up there generally, which doesn't specifically
apply to the issuing before the Code Enforcement Board at the present
time, the policy of wholesale as opposed to mixed use. And I'm not
advocating that. I'm saying, that's the only aspect of the discussion.
COMMISSIONER HENNING: You know, there's so many calls
that I get from a constituent that has been cited by code enforcement.
And whether it's true or not, the constituent says, well, the code
officers told me to give you a call. And I can tell you, we can't fix
tickets. And I'm appalled that an employee does not know that. And
it's -- maybe it's because of lack of training. I don't know.
MR. RAMSEY: Can I ask you, it's -- I think the biggest concern
is the fact that the code officer's selectively enforcing my store, and
even though when he's at my front door, you know, we discussed how
right across the street's retail, right to the right's retail, up, the store's
retail.
And we're told that we have to report our other fellow
businesspeople around us for him to even do anything about them
selling retail, because the only way that they enforce retail is if you get
reported. And to me, that's not a way of helping or enforcing. That's a
way of just going after -- if someone has a grunge (sic), you go after
the person that that person reported.
And I just ask -- you know, I want to be the same rules as
everyone around me. And I mean, that's what I don't understand. He
knows everything is violated around me --
Page 33
October 10,2006
CHAIRMAN HALAS: Sir, I think that's where we discussed
that you need to take this back to the Code Enforcement Board.
MR. RAMSEY: The code, okay.
CHAIRMAN HALAS: Okay.
Commissioner Coyle?
MR. RAMSEY: Thank you.
COMMISSIONER COYLE: Yeah.
COMMISSIONER COLETTA: Don't go.
COMMISSIONER COYLE: I do think there's a bigger issue
here. You really can't just pick one store out of 100 and say they're in
violation, they've got to close down, but the others keep operating.
CHAIRMAN HALAS: But I think there's wholesale there, too,
and retail.
COMMISSIONER COYLE: Well, there's a lot of retail in that
area.
CHAIRMAN HALAS: There's more retail than wholesale.
COMMISSIONER COYLE: Many, many retail stores there.
We're talking about affecting a lot of businesses in that area. And I
think that before we rush down this street, we ought to take a look at
policy.
Now, I understand we can't look at -- we can't deal with a ticket,
but we can certainly look at the policy.
Now, we have permitted this to happen. Ifwe didn't want retail
there, then code enforcement should have been there at the very
beginning keeping retail out. But we have accepted it. In fact, we've
encouraged it. The retail business, as far as I'm concerned, has grown
in that area over the past five, 10 years.
So I think it is an injustice to single out one business, close it
down, and then pretend that the others don't exist. And we have to
address that issue.
And I -- I would make the motion that we bring this back for a
full hearing, and in the interim, ask the staff to give us a report on how
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October 10, 2006
many other businesses in that area are retail businesses, and what
would be the implications of enforcing this particular rule, and provide
us some alternatives with respect to what we can do about -- about our
rule, our policy.
CHAIRMAN HALAS: I just --
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN HALAS: I think Commissioner Henning brought
up a good point that we're fighting to retain our industrial parks, and I
think that's what we really need to have there is an industrial park and
maybe get the retail business out of that area, because that's what it's
intended for, and we have a difficult time establishing even additional
industrial parks.
COMMISSIONER COYLE: But if the industrial parks wanted
that property, they could offer to buy it. In many cases, these retail
stores are not large enough for an industrial operation. If that's the
case, you know, that's not our fault and it's not the owner's fault. They
have taken advantage of a space that is available, just like others have.
So if we really do want to make it industrial parks, then what we
need do is to cite every single retail operation in the entire area and get
them all closed down and move them all out, and that would give us
an industrial park.
CHAIRMAN HALAS: Yep.
COMMISSIONER COYLE: And if that's what the board wants
to do, we should do that. But at least we shouldn't do it piecemeal by
just indiscriminately targeting a single store because of a single
complaint and closing our eyes to the problems that exist throughout
that area, and so that's why I say, we need to bring it back.
And County Attorney, is there anything we can do to at least
suspend action on the final determination of this until we review the
policy?
MR. WEIGEL: Yes, there is. If the board -- if it, as a board,
indicates that it wants to review the policy, I think it could provide --
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October 10, 2006
provide the comment to be carried to the Code Enforcement Board
that this particular violation be placed on hold until the staff and the
board have come to any further decision regarding the policy in chief
there; therefore, these -- this business is on notice, it's been cited. It is
not prosecuted, does not go through the defense, et cetera, that comes
before the board until the board determines the bigger policy issue if it
wishes to.
And if it does not, if the board determines to not change the
status of policy in the Naples Industrial Park, then that would be an
indication for this to go forward with the prosecution based upon the
notice of violation that's been previously issued.
COMMISSIONER COYLE: Then my motion would include a
request that when we bring it back for a consideration, or that we, in
the interim, notify the Code Enforcement Board that we are reviewing
the policy and that we ask that the decision be postponed until such
time as we have made a decision on the policy. And then when we
bring it back for our next meeting, the staff will provide us a report for
all of the retail operations that are occurring in the entire industrial
area and -- so we can assess the impact of this policy.
COMMISSIONER COLETTA: Likewise for my second.
CHAIRMAN HALAS: Okay. Sir, do you own this property?
MR. RAMSEY: No, I rent at 5510.
But I just want to make a comment that, you know, we know
we're violating the current situation. We asked if there was anything
we could do or any license we can get. And originally they told us
just to move.
Now, we've done legwork to every office on Horseshoe, and
someone -- we finally went to zoning, and they told us that there is a
way to zone it where retail and wholesale are together, and there's a
certain area they call it. Oh, it's an industrial park situation, but it
needs just to be rezoned.
And, I mean, I was willing to get a retail license, I was willing to
Page 36
October 10,2006
get any license possible. That's why -- I'm not asking for, like, my
license to be -- you know, the fine or anything like that. I just want to
do what's right. Just tell me how to do it.
CHAIRMAN HALAS: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. Sir, I think we're
missing the point here, wholesale, retail, it's still servicing the public
in one direction or another. I know for a fact that wholesale employs
less people than retail.
How many people are directly employed by your company or
subcontract to your company?
MR. RAMSEY: Well, we have a 40-dealer antique mall, and
there's 40 individuals that have space within. And then Mr. Holzer,
and then I think he has two helpers in the back.
COMMISSIONER COLETTA: Yeah. If I may, too -- and I've
got to clear up something that was said a little bit earlier, and forgive
me.ifthere's any misconception over what previous ideas I've given to
staff, but I always consider the Collier County Commission as the
ultimate authority. We're the ones when policy ends, we're -- as far as
what staff can do and can't do. They can't exceed what the written
rules are. Our codes and regulations are fairly specific.
Staff is not allowed to be able to interpret it. They're not allowed
to be able to say, I'm going to make an exception in this case. And so
I've told staff many times -- and I'll continue to do so -- that when you
get to the point that you cannot exceed your authority, refer them to
the ultimate authority, and that's the Collier County Commission. Go
see your commlSS10ner.
And I also tell people, and I tell them quite often, your public
petition is the way that you have a final recourse before your elected
official before you have to go to other means. And it's one that I
strongly believe in, I strongly support, and I'll continue to tell people
about it. I'm glad that you're here today. You're at the right place at
the right time.
Page 37
October 10,2006
MR. RAMSEY: Thank you.
COMMISSIONER COLETTA: I think that what's happening at
this point in time is a travesty. I think when we start to get to the
point, as Commissioner Coyle suggested, of taking an inventory,
you're going to find that the turnout when we have this public meeting
is going to be unbelievably in support of changing that particular rule
and regulation.
Of course, I've got to remind you, it's going to take three
commissioners to move this forward. You've got two right now. A
vote will be taken shortly.
I just wanted to -- I emphasize though, when the public petition
process is served, it's served well. In this case, it has been.
Now, I can't tell you how the final vote's going to come out, but
you had your day in front of us, just the way you should. And please,
avail yourself of this opportunity sometime again in the future if you
feel the need to do so.
MR. RAMSEY: Thank you.
CHAIRMAN HALAS: Commissioner Henning?
COMMISSIONER HENNING: Well, Commissioner Coletta, I
really appreciate your comments because I always do believe that
government is for the people, by the people. I just have some
concerns about violation of any ordinance. And if that's the case, we
need to correct our ordinances.
But let me say, sir, you are not wrong in my eyes. Government
gave you a permit for your business that says wholesale.
MR. RAMSEY: Yeah, for 12 years.
COMMISSIONER HENNING: And that is allowed in the
industrial area. So I wouldn't be quick to condemn your actions for
being from in business in 12 years when government said, it was okay,
and it gave you the license, so that's your defense. So don't lose that
card.
MR. RAMSEY: Yeah, we haven't.
Page 38
October 10,2006
COMMISSIONER HENNING: And, yeah, I'm willing to bring
it back to discuss the bigger picture.
MR. RAMSEY: I thank you.
CHAIRMAN HALAS: Okay. Does the motion include that we
bring this back for bigger discussion?
COMMISSIONER COYLE: Yeah.
MR. MUDD: Yes, sir. I'd likes some time though in order to do
the study because this is a big area. So I'd like to have it come back
on the 28th of November, okay, which gives us about a month, month
and a half in order to do that.
COMMISSIONER COLETTA: I think if you hold everything in
suspended animation and these people are allowed to continue, the
actual date isn't so important as the fact that due process is served in a
reasonable period of time and that nothing comes to these people that
will be injurious.
CHAIRMAN HALAS: Okay.
COMMISSIONER FIALA: Can we include the EDC on that,
because they've been trying to work with industrial parks, and I'd like
to hear what their definition of an industrial park is as we talk about it.
MR. MUDD: Sure. We'll ask them to come.
CHAIRMAN HALAS: Okay. There's a motion on the floor by
Commissioner Coyle and a second by Commissioner Coletta to bring
this back November 28th.
Any further --
COMMISSIONER COLETTA: Yes, one quick comment. Also,
invite the Naples Chamber of Commerce.
CHAIRMAN HALAS: Okay.
MR. WEIGEL: And Mr. Chairman, additionally, I think Mr.
Coyle's motion included a communication through staff to the Code
Enforcement Board to stay the proceedings on this one until the matter
has come back and either turned to a different direction or at least
been determined not to change at that point in time.
Page 39
October 10, 2006
CHAIRMAN HALAS: Okay.
MR. WEIGEL: Thank you.
CHAIRMAN HALAS: Okay. All those in -- any further
discussion?
(No response.)
CHAIRMAN HALAS: Is there any information from Joe here?
MR. MUDD: No, sir. You've asked us for a study.
CHAIRMAN HALAS: Okay, all right.
MR. MUDD: Okay. If you want to change -- if you want to
change this particular issue on the industrial zoned area, it's going to
take a compo plan amendment. We all know that. But it's something
that the board has to decide. I'm sorry.
(Baby crying.)
MR. MUDD: I hope I didn't pinch anyone.
CHAIRMAN HALAS: Okay.
MR. MUDD: What I -- Commissioner, what I will say to you is,
there is some retail that's allowed in an industrial zone. It's how much
retail is allowed in the industrial zone.
CHAIRMAN HALAS: Plumbing supplies, electrical supplies.
MR. MUDD: And that will all be part of this particular study as
we bring back and let you know what the demographics are, so to
speak, of what's out there in that industrial park so that you'll
understand the magnitude of the problem, if there is one.
CHAIRMAN HALAS: Okay.
MR. MUDD: And we'll hold back on the Code Enforcement
Board hearing, or whatever it is, based on this particular study
presentation to the board and further direction at the time of the 28th.
CHAIRMAN HALAS: Okay. Any further discussion?
(No response.)
CHAIRMAN HALAS: If not, I'll call the question. All those in
favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
Page 40
October 10, 2006
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries unanimously.
MR. RAMSEY: Thank you.
COMMISSIONER COYLE: Mr. Chairman, I would like to add
one point. The gentleman said that he had seen someone shopping in
that area and that he understood maybe some of the commissioners
did. I want to make sure you understand that I am not one of those
people, okay.
CHAIRMAN HALAS: Neither am I.
COMMISSIONER COYLE: I have never shopped there. So
since I made the motion, I just wanted it to be clear that --
MR. RAMSEY : Yeah. I mean people in the county, not
commISSIoners.
COMMISSIONER COYLE: Okay. I just wanted to make it
clear that you have never seen me.
MR. RAMSEY: Yeah. No, no, no.
CHAIRMAN HALAS: Thank you very much for your time, sir.
MR. RAMSEY: Thank you.
CHAIRMAN HALAS: Okay.
Item #6B
PUBLIC PETITION REQUEST BY NANCY PAYTON TO
DISCUSS LOBBY REGISTRATION AND DISCLOSURE OF
LOBBYIST'S CLIENTS - REVIEW ORDINANCE AND MINUTES
AND BRING BACK TO THE NOVEMBER 14TH
BCC MEETING - APPROVED
Page 41
October 10,2006
MR. MUDD: Commissioner, that brings us to our next public
petition, and that's 6B, and it's a public petition request by Nancy
Payton to discuss lobby registration and disclosure of lobbyists'
clients.
MS. PAYTON: Good morning, Commissioners, Nancy Payton,
and I am a registered lobbyist and have been since the county adopted
its ordinance in 1999.
And I wanted to speak to you today about the ordinance and
some of its shortcomings and urge you to revisit the lobbyist
registration ordinance because it fails to serve the public's best
interests.
The current ordinance's only purpose is merely to identify the
registrant as a lobbyist. And you can see I've starred that here. There's
no requirement to disclose the clients represented by a lobbyist when a
lobbyist testifies.
And, in fact, recently before the Planning Commission, a land
use attorney refused to reveal who his clients were during the LDC
hearing. And technically he didn't have to because the ordinance
doesn't require that.
I did go upstairs to the clerk's office and look at his list. He had
42 clients. And the public would have to decipher which of those
clients he was representing.
Later, after the issue was brought before the Planning
Commission, he did reveal who he represented, but it does raise the
issue about whether they have to or they don't have to or lobbyists
reveal who they represent.
Also the forms are often incomplete. Here's a form where who
you represent is blank. There's -- how is anyone to know who they
represent?
And here's another one where it's listed others. And, once again,
how is the public going to know who they're representing?
Again, I comment about the list of 42 clients, and some
Page 42
October 10,2006
consultants or lobbyists have longer lists than that. So again, it
becomes a question of, who are they representing that day when
they're testifying before you, the Planning Commission, EAC, or some
other body.
And in one instance, the list hadn't been updated since 1999.
That's a seven-year-old list of clients, and I'm sure that lobbyist has
had many clients come and go since then.
The ordinance does require that when you register each
September that you take an oath and list who you represent, but what
good does that serve? I mean, the clerk is the only one that's going to
know who you're representing and the addresses, or in some cases the
registration is sent via the mail, so how is that oath taken? And I think
that's something that doesn't serve anything in the public interest.
And lastly, the registration is only once a year, so only once a
year possibly are those lists being updated, and a lobbyist could take
on a client in November, do their work and be done in March, and the
public would have no way of knowing who they're representing.
In these illustrations that I give you, they're not wrong by the
law, but they're certainly not right by the public interest, and,
therefore, I'm asking that you revisit the lobbyist registration
ordinance, expand it to be also a disclosure ordinance, and wrestle
with these issues about who should be doing what when, what sort of
form should be required at the clerk's office, and to investigate
something that's just come to my knowledge this morning is how do
land use attorneys deal with attorney/client confidentiality and
whether that applies in LDC hearings and compo plan hearings and
even in the quasijudicial hearings, which attorneys are not covered by
the lobbyist registration for quasijudicial, and that raises the issue that,
if someone's opposed to it and is an attorney, do they have to reveal
who they're representing?
There are a lot of questions, there are a lot of loopholes, there are
a lot of weaknesses, and, therefore, I'm appealing to you to revisit this
Page 43
October 10,2006
ordinance and address some of the concerns and probably others that
I've raised today. Thank you.
CHAIRMAN HALAS: Thank you very much, Nancy.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
When we have a person come before us, we have them stand up
in front of us and we say, for the record, state your name. They're
generally an individual.
When good does it do this commission to have a representative of
an unknown person stand before us and states their name when they're
not representing themselves, they're representing an unknown client?
Ms. Payton is exactly right. What happens at the clerk's office
should be nothing more than the registration of the lobbyist. Who
they represent should be declared at each meeting when they get up to
speak. There should be a speaker's form for lobbyists. They have to
put every single person they represent on it at the time they do it.
Then when they stand up, they should have to read that same list back
to us.
I don't want these people appearing before me representing an
unknown client. I don't think it's fair to us. I don't think it's fair to the
public.
CHAIRMAN HALAS: Okay. Commissioner Coyle?
COMMISSIONER COYLE: I agree. I'm not sure I want
someone standing up and reading off a list of 50 or 75 clients that they
have represented at one point in time or another. Certainly the one
they're representing while they're speaking to us should be stated.
But you bring up a different point that is also valid, and that is,
there is really no complete historical record for someone to examine as
to whom this person has represented over a period of time. And, in
fact, in many cases it can fall through the crack and nobody will ever
know. So you're absolutely right.
And I would suggest under the petition we bring it back and try
Page 44
October 10,2006
to sort it out, because we can't sort it out today. But I would -- I would
be in favor of bringing it back and see if we can't address those
concerns because I think they're valid concerns.
CHAIRMAN HALAS: Commissioner Fiala?
COMMISSIONER FIALA: It's great that you brought it up.
You know, every once in a while somebody comes up and I don't
realize they're a lobbyist -- you know, sometimes you think it's out of
the goodness of their heart that they're speaking on something -- later
on to find out they are.
And I've always wondered about that. You know, we have a
form that the clerk will provide, but it doesn't say much, and you don't
think of looking up every person. So I'm so glad you said that. I just
love it, and I make a motion that we bring this back for discussion.
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN HALAS: Okay. We have a motion on the floor by
Commissioner Fiala to bring this back for further discussion and a
second by Commissioner Coletta.
Any other discussion?
COMMISSIONER HENNING: You want to delegate that to the
county attorney?
MR. PETTIT: Yes. For the record, Mike Pettit, chief assistant
county attorney. I've had discussions with Ms. Payton about this. I
think that the area -- the problematic area we'll get into is the potential
problem of attempting to legislate the practice of law.
I don't have the answer today. That's why, for example, the quasi
__ attorney appearing here under a quasijudicial proceeding are not
subject to the lobbyist registration. Only the Supreme Court of
Florida can legislate -- or can control or set rules for the practice of
law.
The second issue is, it's a pretty well-established principle that
the attorney/client privilege -- if a client tells you not to disclose the
name of the client, the attorney can't do that.
Page 45
October 10,2006
Whether we can compel that disclosure or not, I don't know the
answer to today. That would be part -- that's some of the things I've
been talking with Ms. Payton about, and that would certainly be part
of the discussion when we bring this back.
COMMISSIONER FIALA: Can I just --
CHAIRMAN HALAS: Sure.
COMMISSIONER FIALA: You know, if any lobbyist came up
and told me they're not allowed to say who their client is, who's
paying them, right away I would figure there's something underhanded
gOIng on.
I would just love it when they'd say that.
COMMISSIONER COYLE: But -- well, maybe -- you know, if
I could.
CHAIRMAN HALAS: Sure.
COMMISSIONER COYLE: Maybe that's the solution. We can
ask them to tell us. If they don't feel they're allowed to tell us due to
client/attorney privilege, then they can tell us exactly that. That would
be very interesting.
MR. PETTIT: And you can draw -- I mean, I would believe you
could draw whatever inferences you want.
COMMISSIONER COYLE: Yeah.
MR. PETTIT: I do know that just in a little bit of discussion
we've had, it appears there's different practices among different
attorneys. It sounds like some attorneys list every single entity that
they represent, and others -- and I think this is supported by the way
the ordinance is written, by the way -- don't -- they came up one time,
they registered, and when they renew, they don't add the new names.
And I don't think the clerk's office necessarily requires them to
do that. They just give them the form and they re-up.
So there's a couple things I will do if you're going to bring this
back. I'll look at those legal issues and tell you what our opinion is.
The other thing I'll do is, I'm going to go back and look at the minutes,
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October 10,2006
because this actually predated my involvement with the ordinance, the
lobbyist section. I'm going to go back and look at the minutes of the
discussions at the time to see what the board's intent was. Because this
language under section seven is a little confusing.
COMMISSIONER COYLE: Okay.
MR. PETTIT: And we'll provide you with a report.
CHAIRMAN HALAS: Okay. That's in your motion?
COMMISSIONER FIALA: Yes, yes, it is.
COMMISSIONER COLETTA: And my second.
COMMISSIONER FIALA: And also when a lobbyist would get
up and say they work for Hocus-pocus, LLC, I mean, that doesn't tell
us anything. But I mean, you know, many times it's worth the
information to find out who owns --
COMMISSIONER HENNING: Time's up.
COMMISSIONER FIALA: -- hocus-pocus.
CHAIRMAN HALAS: Okay. Any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor of bringing -- having the county attorney look into this
and bring it back?
MR. PETTIT: Do you have a time frame that you'd --
CHAIRMAN HALAS: What's good for you? How much time
and research are you going to have to do on this?
MR. PETTIT: I think we could bring it back easily by the
second meeting in November, if not --
CHAIRMAN HALAS: Okay.
MR. PETTIT: -- or sooner.
CHAIRMAN HALAS: You want to bring it back the 14th?
MR. PETTIT: I think the 14th is doable.
CHAIRMAN HALAS: Okay. November 14th.
COMMISSIONER COYLE: You'll be without me, but I don't
know that that's important, but --
Page 47
October 10, 2006
COMMISSIONER COLETTA: We'll get done 10 minutes
sooner.
COMMISSIONER COYLE: Yeah.
CHAIRMAN HALAS: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(N 0 response.)
CHAIRMAN HALAS: Motion carries.
Thank you very much, Nancy.
Item #6C
PUBLIC PETITION REQUEST BY MR. JOHN SWASEY
REGARDING IMPACT FEES - DISCUSSED
MR. MUDD: Commissioner, the next public petition is a public
petition request by Mr. John Swasey regarding impact fees.
MR. SWASEY: Good morning. I stand before you this morning
because this matter was brought to my attention whenever I went to
place an 80-square- foot addition to my private residence to add a
bathroom.
First of all, let me thank the commission for hearing this, and I
thank the staff for reviewing and working with me all the way up to
this point. This system does work. I believe it works. And here we
are 1n process.
This 80- foot addition incurred an impact fee -- which I expected
an impact fee, because we're enlarging our residence; however, I was
extremely shocked, if not, almost knocked over, when I was handed
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October 10,2006
initially a bill for 3,805 -- I'm sorry, $3,905.57, is what I was told.
Well, with working with staff at the -- down in the office level,
withdrew (sic) to find the particular permit, and then was given a final
bill in excess of $4,500 for an 80-square-foot addition. Folks, there's
something wrong with this.
When I queried the staff, I was told, this is in accordance with
our schedule that we're given that we have to use. And if you'd like, I
have the copy of the schedule, but I believe the county has access to
this as well.
The county's using -- the staff is using a tier system when means
if you build a brand new home and your home is under 1,500 square
feet, you get assessed an impact fee of X number of dollars, okay. If
you go between 1,500 and 2,499 dollars (sic), there's a different fee.
This is particularly talking in reference to the road, schools, law
enforcement and park and recs' fees, okay? I'm told by Mr. Mudd and
staff that they've had several accountants or consultant firms come in
and said, this is what the fee needs to be. That's fine.
Fees are important for this government to run. That's the way we
get things done. This is the way we pay for our roads and our schools.
I don't have a problem paying an impact fee, a fair impact fee.
Staff tells me that my house was only registered at 490-some
(sic) square feet or 480-some (sic) square feet. This was a shock to
me, because when I bought the house, my survey on the survey quest
said I had 1,600 some square feet. It's a 200-square- foot difference. I
never checked my tax bill that I got for that fine a detail because the
tax bill I got I assumed was correct because it was within the ball park
figures. I've been paying my taxes based on whatever the county said
it should be. It wasn't out of skew.
Talking with staff again, the staff tells me that somewhere along
the line, before I bought the house in '97, my enclosed lanai, which is
now part of the house, they can't find any record where it was put on;
however, all the surveys have it on there.
Page 49
October 10,2006
This would put me over their threshold and take care of my
personal problem as far as this huge -- this huge indebtment (sic),
which I feel is unjust; however, again, as a citizen of this county, I
have a question to the validity of how they interpret this rule, okay?
I was provided a copy of the ruling that was set forth by this
board, and very clearly under item 2 it says that it shall be done in
accordance with net increase of your house. So if you put 80 feet on
your house, that's what you get charged for, 80 feet.
However, in looking at this tier system that they've got and the
impact fees, government buildings and jails, administration, is only
done by square foot. Administration -- additional square -- additional
impacts are only done by square foot yet school boards, roads, law
enforcement, parks and recs. are done by tiers.
Now, Mr. Mudd says that the legal staff and the legal consulting
and the consultant firms that are hired by this county say that this tier
system is the way you're supposed to do it. Well, that's fine, but I read
the statute. To me the statute says, shall be done by net square
footage.
Well, now we're talking apples and oranges. Net, tier? Net, tier?
Well, in the tier system, if you go one square foot over or you build
all 999 square feet, it's the same charge, whether it's an addition or
new. That can't hardly be fair.
You know, granted, I have a small -- a small project. My
experience in the past has been, if you build by square foot, you get
charged by square foot. If the legislation needs to be changed, then
I'm all for that. Let's figure out how to change the legislation to read
the way that the county needs to build.
But, again, I'm here before the board because, one, I want to
straighten out my personal situation, and, two, because I see a bigger
injustice. I see -- I'm not blaming the public. I mean, I don't claim to
be the smartest man in the room, by all means, I'm not. I'm just a
regular citizen.
Page 50
October 10, 2006
And as a regular citizen, when I read this statute saying one way
and yet I see our governmental agencies doing something different, I
have to throw a red flag and say, hey, guys, what's going on?
Now, I understand from talking with Mr. Mudd and staff that --
and they were real informative about this, by the way, that they are
going by this by the way -- the consultants who are some of the best in
the country, but I don't know that it goes to the issue of what the
statute says, and that's a larger question that's way beyond my
capabilities.
What I would ask this board to do today is, if it could, if it's in
your power, to correct my personal situation on this. I've actually
inquired to staff, if I was to go back and pay this back taxes for this
190 or whatever square footage, if they could calculate that for me and
put that, you know, on my rolls to bring down my impact fee to a
reasonable amount; I would be more than willing to do that, and I
would like this board to approve the staff to go ahead and do that.
But I would also like the staff -- this board to go back and look at
this as to the -- not so much the ordinance unless the ordinance needs
to be changed, but the actual implementation of how this ordinance is
divided at a dollar level.
So if it needs to be -- the verbiage needs to be changed from net
increase to the next tier level increase, then that's fine, then let's do
that. If that serves the best interest of this county and the general
public at large, fine. But if it doesn't, then I need -- I would like to see
this board and staff change the policies of how they do it.
And I thank you for your time. If there are any questions, I'd be
happy to do it with the best of what I have.
CHAIRMAN HALAS: Thank you very much.
Amy Patterson, could you give us some input into the impact fees
and how we derived to where we are today? I believe it's important,
and then I'll take questions from my fellow commissioners.
MS. PATTERSON: Good morning. For the record, Amy
Page 51
October 10,2006
Patterson. I'm your impact fee manager from community
development/environmental services.
We have a number of impact fees that are based on what we call
the tiered system or ones -- they're groupings of square footage. There
are three of them. They're homes less than 1,500 square feet, 1,500 to
2,499 square foot, and 2,500 square feet and larger.
We've gone through extensive studies, not only with our
consultants, our impact fee consultants -- we use several different
consultants -- but also our outside legal counsel, to develop the most
legally defensible study and fee schedule.
And we've struggled with exactly this issue of what's the best
way to assess these fees. And what's come back from the consultants
and from legal counsel is that this tiered system is the most fair and
legally defensible way to assess impact fees. A home, for example,
like Mr. Swasey's, was a smaller home and now it's a larger home, and
so what he pays, regardless of the time the home was built, so long as
it was legally permitted, he pays the difference between the fees for
the small home and the fees for the larger home.
In his case, yes, his addition is 80 square feet, but the same
1 ,512-square- foot home being built today would be required to pay
homes in that category.
Those homes are grouped together because the demand
characteristics for those sizes of homes are similar, and that's the way
that these categories have been developed.
We have spoken extensively with outside counsel and with the
consultants about whether a per square foot charge would be better or
any other type of charge, and they have come back and said, no, that
this is the way that they're recommending that this be done, that this is
what the data supports, and that the fees need to be applied and
administered this way.
CHAIRMAN HALAS: Can I ask -- I got one question. Is there
any counties in Florida that use square footage in all their impact fees?
Page 52
October 10, 2006
MS. PATTERSON: We asked that question of our consultant,
and what they've come back with is, those that are still using square
footage are moving towards this tiered scheduled. We actually used to
use square footage at one point in time and were told, no, this is not
right and we need to use this.
There are three other counties -- besides the ones that use the
same breaks as us, almost all of them now are using these three
categories. There are a couple of jurisdictions that have a different
layout on the breaks, or maybe they have a couple more categories.
We did talk to outside counsel about that recently -- as recently
as yesterday -- and he did indicate that he feels that we have
established our fees, that we have determined that based upon the best
available data, and that these are the established breaks. If we start to
add more, there'll always be somebody that goes over by a little bit
and wants to be pushed back into the other category, that we've
determined with all the best data, that these are the breaks, these are
the categories that we should use. And he feels very strongly that
those are the ones that should remain.
CHAIRMAN HALAS: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I think we need to focus on
the real issue here. There's nothing wrong with the calculations of the
impact fees. There's nothing wrong with the way it was applied by
staff. There is absolutely nothing wrong with the way the county
applied the impact fees. The problem is that somebody, the prior
owner, before Mr. Swasey, violated the law.
MS. PATTERSON: Correct.
COMMISSIONER COYLE: That's bottom line. If somebody
hadn't violated the law, Mr. Swasey wouldn't be in the situation he's
In.
MS. PATTERSON: He'd owe about $40 in impact fees.
COMMISSIONER COYLE: Yeah, that's right. So it is not our
fault that these impact fees are due.
Page 53
October 10,2006
You have a house that is bigger than the tax assessor thought it
was, and you haven't been paying taxes on the entire value since, what
is it, 1999?
MR. SWASEY: Ninety-seven.
COMMISSIONER COYLE: Ninety-seven. So for nine years
almost, you haven't been paying taxes on a larger home that you
should have been paying tax on. You didn't know that?
MR. SWASEY: I had no way of knowing it. Survey was done,
and it was submitted to the county tax assessor, and it was submitted
to the government staff.
COMMISSIONER COYLE: There is an old saying --
MR. SWASEY: There wasn't a -- no red flags were ever thrown
up, and it wasn't out of line of where it -- where I felt the normal tax
should be for that size a house.
COMMISSIONER COYLE: There is an old saying, caveat
emptor --
COMMISSIONER HENNING: Buyer beware.
COMMISSIONER COYLE: -- buyer beware. And that's why
it's necessary when you buy any property to verify what it is you're
buying and to make sure --
MR. SWASEY: It was on the county -- it was on the plot.
COMMISSIONER COYLE: Okay. I'm not going to argue the
point with you. The point is that that is the problem. It's not anything
that has to do with the county's calculation of impact fees or its
application of impact fees.
Now, I will say this: It seems a little bit unfair to charge Mr.
Swasey the impact fees as they are today rather than paying what they
should have been in 1997 at the time that this thing apparently took
place.
MS. PATTERSON: He was also given credit for the impact fees
as they are today for his existing home. So it's the impact fees today
for the small house against the impact fees today for the larger home.
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October 10, 2006
If we were -- we could go back --
COMMISSIONER COYLE: I understand.
MS. PATTERSON: -- if there had been a building permit or
anything to show that the addition was legally done, then, yes, we
absolutely could go back. But we have absolutely nothing to base
going backwards on.
COMMISSIONER COYLE: Okay. Now, one final question and
I'm finished with this. Has the tax assessor calculated the amount of
taxes that would be due today for those nine years?
MR. MUDD: Commissioner, he -- it's about -- it's about
anywhere between 800 and -- it will be about $100 a year, okay, is
what he's telling me; 80 to a $100 total. For nine years, you're talking
about $900 thereabouts in back taxes.
COMMISSIONER COYLE: Now, we don't have the right to
forgive taxes, do we?
MR. MUDD: (Shakes head.)
COMMISSIONER COYLE: So we can't even do anything with
that one. So I guess -- I understand the problem, and if I were in Mr.
Swasey's position, I'd be very upset too, but the anger has to be
directed at the person who sold the house and who did something
wrong.
MR. SWASEY: Well, sir, we've tried to contact the owner of
this house on an earlier matter not related to this years ago, and the
owner -- the previous owner of the house is unobtainable. I believe
Mr. Mudd's office has also tried to contact the owner, the previous
owner of the house --
MR. MUDD: We've tried yesterday, and we called about 12
people with the same name, and none of which will admit that they
ever lived in Naples.
COMMISSIONER COYLE: And did you have a title company
insure this property?
MR. SWASEY: Y eah. We had the title -- we had title insurance
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October 10,2006
on it.
COMMISSIONER COYLE: Have you talked with your title
company?
MR. SWASEY: Well, that was nine years ago, sir. Title
insurance is gone. Title insurance only lasts for, you know, a
relatively short length of time. It's not for as long as you own the
house. If you own the house for 25 years, title insurance isn't going to
go back 25 years for you.
COMMISSIONER COYLE: Okay.
CHAIRMAN HALAS: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Amy, the problem is that
you can't establish when these improvements were made. Were these
improvements of the nature where you'd be able to see them from the
air? They do take photos every year. Have you tried that?
MS. PATTERSON: We've looked at aerials and looked at the
property appraisals site to try to establish. But what it is is, it was a
screened-in and is now an enclosed porch. So even from above you
can't --
COMMISSIONER COLETTA: Okay. So you wouldn't be able
to see it from the air.
MS. PATTERSON: Right. And it wasn't -- what started it is that
we noticed a difference from the square footage on his plans when he
was adding on the bathroom to what property -- we always go back
and check the property card and check our old records to make sure
everything is consistent. And sometimes we find people have more
square footage and it actually helps them.
So, you know, we have to check all these things, and also make
sure that the appropriate building permits are reflected. We do have
building permits on the property going back to the original house in
1983 or 1984, re-roofing and adding of a slab. There are several
things, but there was nowhere that we could find or establish when the
porch was enclosed or any building permit that would have been
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October 10, 2006
related.
CHAIRMAN HALAS: And the architect that submitted the
plans also stated that the footage, the square footage, that was there
today prior to adding the bathroom; is that correct?
MS. PATTERSON: Right. It reflects the 1,600 square feet on
the plan. It actually is showing as enclosed living area.
COMMISSIONER COLETTA: If there's a lesson to be learned
from this, is that it is extremely important, not only for the well-being
of current property owners, but for when they get ready to sell their
property, that everybody get the correct permit and go through the
correct procedure and pay those couple extra dollars in taxes. It gives
you a level of protection.
And this is a good example of somebody that didn't follow the
rule of the law, and this gentleman is holding the short end of the
stick.
MS. PATTERSON: That's correct. And we've run into this
situation before with enclosed garages, enclosed screen enclosures. I
mean, it is -- it's something that comes up frequently, and we find
these things as we're trying to help them establish their square footage
and determine the amount of the impact fees.
COMMISSIONER COLETTA: I'm not going to ask any more
questions because I don't want to bring any more hardship on this
gentleman.
CHAIRMAN HALAS: Okay. At this time -- I want to thank
you very much for your time and consideration.
At this time we'll take a 10-minute break, and we'll be back at
10:50.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN HALAS: Thank you very much, County Manager.
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October 10, 2006
County Board of Commissioners is back in session, and I believe
we're starting off with 9A.
Item #9A
RESOLUTION 2006-265: APPOINTING CHARLES MARTIN TO
THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED
MR. MUDD: Yes, sir, 9A. It's appointment of a member to the
Black Affairs Advisory Board.
CHAIRMAN HALAS: Okay.
COMMISSIONER COYLE: Motion to approve Charles Martin,
who, I believe, is the only --
MS. FILSON: Applicant.
COMMISSIONER COYLE: -- only applicant.
CHAIRMAN HALAS: Okay. And I'll second that motion.
We have a motion on the floor by Commissioner Coyle and a
second by Commissioner Halas for Charles L. Martin to serve on the
expired term of the Black Affairs Advisory Board.
Any further discussion?
(N 0 response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries.
Page 58
October 10, 2006
Item #9B
RESOLUTION 2006-266: APPOINTING ROBERT MILLER TO
THE TOURIST DEVELOPMENT COUNCIL - ADOPTED
MR. MUDD: Commissioner, that brings us to your next item.
It's 9B. It's appointment of a member to the Tourist Development
Council.
CHAIRMAN HALAS: Okay.
COMMISSIONER COYLE: I make a motion that we confirm
the Everglades City recommendation to appoint Mr. Robert Miller.
COMMISSIONER COLETTA: Second.
CHAIRMAN HALAS: Okay. We have a motion on the floor by
Commissioner Coyle and a second by Commissioner Coletta for the
appointment of the Tourist Development Council, Mr. Robert Miller.
Any further discussion?
(N 0 response.)
CHAIRMAN HALAS: All those in favor for Robert Miller can
say aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(N 0 response.)
CHAIRMAN HALAS: Motion carries.
Item #9C
RESOLUTION 2006-267: RE-APPOINTING SHARON KENNY,
WILLIAM DEMPSEY (W/TERM WAIVER) AND PATRICIA
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October 10, 2006
HUFF TO THE HISTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD - ADOPTED
MR. MUDD: Commissioner, the next item is 9C. Appointment
of members to the Historical Archaeological Preservation Board.
COMMISSIONER COYLE: I recommend that we accept the
committee chairman recommendations of reappointing Sharon Kenny,
William J. Dempsey, and Patricia A. Huff.
COMMISSIONER HENNING: Second.
MS. FILSON: Okay. And Commissioner Coyle, if I may
interject. William Dempsey has served more than two terms, so we'll
need to waive 7B of2001-55.
COMMISSIONER COYLE: Okay. That -- my motion includes
that.
CHAIRMAN HALAS: Okay. Do we have a second on that?
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN HALAS: Okay.
MS. FILSON: I think Commissioner Henning did.
CHAIRMAN HALAS: All those in favor of the reappointment
of the three people that were mentioned by Commissioner Coy Ie,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries.
MR. MUDD: Commissioner, you have an II-o'clock, and I'm
looking at the IO items, and I don't think there's any of them that we
can do in four minutes.
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October 10,2006
If the folks are here to discuss the Habitat Conservation Plan
Advisory Committee? Okay, they're here. Okay. Commissioners, if
it will be okay, they're ready to start this three minutes early, is that all
right?
CHAIRMAN HALAS: That's great with me.
Item #10A
RECOMMENDATION TO CONSIDER A RECOMMENDATION
FROM THE HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE TO IMPLEMENT A RED-COCKADED
WOODPECKER COMPLIANCE PLAN - DISCUSSED
MR. MUDD: The next item is lOA. This item to be heard at 11
a.m. The item continued from the September 26, 2006 BCC meeting.
It's a recommendation to consider a recommendation from the Habitat
Conservation Plan Advisory Committee to implement a
Red-Cockaded Woodpecker Compliance Plan.
Mr. Bill Lorenz, your Director of Environmental Services, will
present.
MR. LORENZ: Yes, thank you. For the record, Bill Lorenz,
Environmental Services Director.
I'm here for your Habitat Conservation Plan Advisory Committee
to just simply introduce this item. This is a recommendation from the
committee to implement or at least get the board's direction for a--
what's called a RCW, Red-Cockaded Woodpecker Compliance Plan.
The committee was -- is making this recommendation as an
alternative for the board to consider two Habitat Conservation Plans
for, let's say, two reasons. One reason is that the Habitat Conservation
Plan effort is going to be several years in length; and, secondly, that
this can be also an alternative and gat -- does gather some of the data
that would be needed to feed into that plan.
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October 10,2006
The plan basically has three components dealing with a
regulatory component with regard to issuing -- issuing permits from
the county, a monitoring of habitat component and an outreach
component.
Just simply noted that if the board wishes to move forward with
this particular item, staff would recommend that it would -- that it
would be part of your 2007 Land Development Code amendments to
the degree that you would wish to see any regulatory components of
this plan be implemented in the near future.
Other than that, Maureen Bonness with your committee is here.
She's going to present the details and the plan further. She was a part
of the subcommittee that worked extensively on the plan.
I do know that Judy Hushon is also here; she's also on the
committee. And I have Mac Hatcher, my staff member, who may be
available to answer any questions as well.
Other than that, I'll have Maureen speak to you now.
CHAIRMAN HALAS: Okay.
MS. BONNESS: Good morning, Commissioners. The
Red-Cockaded Woodpecker is a federally endangered species;
therefore, it comes under the jurisdiction of the U.S. Fish and Wildlife
Service.
The plan we have in front of you is a compliance plan that helps
explain exactly how the county will comply with these rules that are
already in place with a few caveats.
This compliance plan that we have here that we've developed
here has been edited and approved by Ralph Costa, who is the U.S.
Fish and Wildlife Service head honcho chief of RCW s. So he is a
person that U.S. Fish and Wildlife has stated is in charge ofRCW
recovery, regulation, et cetera.
And, in fact, he is one of the authors on the recovery plan, which
this book here explicitly lays out the rules, guidelines, et cetera, for
taking care of RCWs.
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October 10,2006
Collier County's known RCWs are in Big Cypress National
Preserve, South Belle Meade and North Belle Meade. The areas of
Big Cypress and South Belle Meade are mainly under public
conservation land, and so they will not -- the private owners in those
areas will probably not be affected by this plan. It's very unlikely.
The area that will be affected by this plan, the area of concern, is
North Belle Meade. Within North Belle Meade we know of four, five
groups currently. RCWs, Red-cockaded woodpeckers, live in groups.
This is the breeding pair and possibly a few others.
This group of birds lives in a defined cluster of trees. These
clusters of trees are their nesting and resting cavities. And then the
group forages around a certain territory that extends, perhaps, a half
mile or so.
Now, people that have done research on the Red-Cockaded
Woodpeckers have researched exactly how far do they forage, what
do they need, what is the minimum amount of property they need,
what kind of habitat, the quality of it, and the quantity of it in order for
those to survive and to not come under a situation that the Endangered
Species Act would call a take.
All of the birds, their cavity clusters and their foraging habitat is
currently protected by the Endangered Species Act. That's not
something that is different in this compliance plan. They are already
protected.
The recovery plan that I've got here is based on science. It is
widely accepted throughout the scientific and regulatory community
of people that deal with RCW s.
The compliance plan reiterates the guidelines within this book for
private lands. They have certain ones for public lands. We're not
dealing with that here. We're dealing with private lands, and they
have separate kinds of restrictions in the private lands.
The compliance plan you have in front of you has one big
difference, and that is, instead of just looking at the minimum of
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October 10, 2006
foraging habitat that these birds need, we also consider the amount of
land that anyone would clear if they were going to build a home on
their property. So it considers property rights of each of the home --
potential homeowners in this -- in the area.
The bottom line when it comes down to it is that not everybody
in North Belle Meade can have a nursery or clearing for land -- or
agriculture. But hopefully with this plan everyone can have a home.
But if they keep clearing, eventually there'll be too much
property cleared for agriculture and, therefore, it will restrict future
homeowners from clearing. If there's -- the do-nothing scenario is,
that's probably what would happen.
In this county plan here, there's a couple of other things that must
become active within the county. One is to monitor the amount of
habitat remaining so that the county knows when it gets down to the
minimum. The minimum is described as this 3,000 square foot basil
area that has to do with the size of pines and how many there are and
how dense they are.
And the county will monitor that through aerial photos as well as
some ground truthing, some plots where they will study them, and
they will monitor that every year so that they know when somebody
applies for an ago clearing permit, they can look at their map and say,
we've still got plenty of land. That's no problem, or, no, we're down in
the 75 -- or the minimum for these birds, so, therefore, in order for you
to get a clearing permit for agriculture, you're going to have to contact
the Fish and Wildlife Service.
The do-nothing scenario, as I said, would be that not everybody
would be able to have a home. And so this plan -- we still believe that
we have the option, that currently there's enough habitat out there for
everybody to have a home, but there's not enough for everybody to
have a nursery.
The county is complying with the Endangered Species Act within
this. It protects the property rights. There's also an outreach
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October 10,2006
component involved in this, so this would be another activity thing
that the county would have to do and put some money forward to have
an outreach program to notify property owners so they know. It's not a
surprise. If you go out there now and talk to some of the property
owners, they'll say, no, I am not in foraging habitat, but they may be.
But they may not want to admit it. So this has an active outreach plan
as well.
That summarizes what I wanted to say about the plan to give you
a little bit more on the biology and the rationale. Any questions?
CHAIRMAN HALAS: Okay, Commissioner Coletta?
COMMISSIONER COLETTA: Ms. Bonness, I'm a little bit
concerned about -- if you read on page 6 of 1 7 down at the bottom, it
says the plan will cover all of Collier County except the rural land
stewardship area and the Northern Belle Meade receiving area.
MS. BONNESS: Yes.
COMMISSIONER COLETTA: Okay. So the plan isn't limited
just to the agricultural lands or the large landowners; it's inclusive of
all of Collier County? I mean, if --
MS. BONNESS: Yes.
COMMISSIONER COLETTA: -- for some reason these ever
decide to take up residence on -- oh, in Commissioner -- in Pelican
Bay, they would also be in effect there, I would assume?
MS. BONNESS: Yes, it would.
COMMISSIONER COLETTA: Okay.
MS. BONNESS: The likelihood is pretty low.
COMMISSIONER COLETTA: Well, possibly, but then again,
too, we said the same thing about the panther as far as being in the
Estates.
MS. BONNESS: Well, I would -- I would suggest though that
the RCW s are very specific about their habitat. The panther is a very
different issue because it's wide range --
COMMISSIONER COLETTA: Okay.
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October 10, 2006
MS. BONNESS: -- and the RCWs are very small, and therefore,
we can handle that --
COMMISSIONER COLETTA: I stand corrected. But let me get
to the point. Now, I have no problems with protecting endangered
species, but there's one form of endangered species I'm extremely
concerned of, and that's the individual landowners.
And I tell you, whenever you have something that's so inclusive
as to say, you know, within a -- what is it, a half a mile of a cavity
cluster, you're going to have certain restrictions, within a quarter of a
mile of an active cluster, the -- certain development can't take place.
A lot of these lots only measure maybe 75 feet wide, and, you
know, if you strategically have one of these in place, people that
bought buildable lots in good faith are now out of the question, they
no longer can build on those lots until sometime in the distant future.
I mean, we've seen regulations before that limited use, and we've
seen the wetlands issue come upon us over the last 10 years, but
people could still build on parts of their land. They could still mitigate
other places. In this case it's all or none.
What is being done to be able to compensate the average
landowner for the value of their land that they're going to lose? Is
there anything built into this to be able to make compensation?
MS. BONNESS: This plan is designed so that you won't have
any loss of property owner rights as far as building a home. It does
not guarantee agricultural rights. But this is designed so you won't
have a person who cannot build on their property for a home.
COMMISSIONER COLETTA: Okay. So let me put the
question another way, and forgive me if I'm dragging this out. It won't
take too much long -- too much longer.
If someone owns a lot that's maybe 75 feet wide in Golden Gate
Estates and they're getting ready to build on it and they decide -- and
all of a sudden they find that in the dead center of the first 100 feet of
the lot there's a nest tree, a cavity tree. These people still will not be
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October 10, 2006
restricted from building?
MS. BONNESS: If -- there aren't -- as far as we know right now,
there are no nest cavities in Golden Gate Estates. If they were to find
one, the county is already obligated to preserve that. The county
cannot allow a property owner to take away that cavity tree and use
that area around it. You are already -- we are already restricted by the
Endangered Species Act.
COMMISSIONER COLETTA: But I mean, a cavity tree is
probably something that's going to, under ideal circumstance,
probably last for many generations of these little woodpeckers; am I
correct?
MS. BONNESS: We would hope they would. Depends on
hurricane, lightning, thunder.
COMMISSIONER COLETTA: Okay. So we have the problem
of a person, just an average Joe -- Blow Joe -- Joe Blow homeowner
who has bought this property in good faith, put all their savings into it
with the idea that they're going to build a house on it, and the value of
that property might be 150-, $200,000, now they don't have use of
their property. What have you come up with for a plan to compensate
them?
MS. BONNESS: We have not, but I -- I would bet there would
be a number of people that would be very willing to pay at least the
value of a lot, if not more, for mitigation property for RCW s. I know
that there were some properties in North Belle Meade that went way
high because of City Gate's mitigation efforts. Trying to buy the
clusters, the price went up.
COMMISSIONER COLETTA: That's all fine and good, but I
would like to see that all inclusive in your study. It would help very
much to ease my concerns of where we're going with this.
MS. BONNESS: I don't think anybody in Golden Gate Estates is
going to be affected by this.
COMMISSIONER COLETTA: Well, let's forget Golden Gate
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October 10, 2006
Estates. How about Pelican Bay, ifunder ideal circumstance
somebody did be able -- get a cavity tree in there. You don't know it's
not possible. There might be a large area there with mature trees and
these birds start to expand their range. They could end up -- forget
Golden Gate Estates, forget a geographic area.
I don't give a darn if it's Golden Gate Estates or if it's the
agriculture area. I'm talking about people that have home -- lots to
build homes on that is legal under the law today. And how can we
compensate them for this loss? The loss is forever. It's not like an
eagle nest where you wait till the end of the breeding season and
you're back so far and you can still put something in. This is -- this
sounds like it's all inclusive forever.
I mean, they lose the rights to the land. Who compensates them
for the loss? And I'd like to see that in the plan. I'd like to see this all
inclusive to be able to make that small individual whole down the line,
that person maybe we don't even know who it is today. But I can
guarantee you, he will appear or she will appear sometime in the
future.
MS. BONNESS: I think you're probably 100 times more likely
to have an eagle nest than an RCW. There are parts of the county
where they're trying to put them in. They're excavating the holes for
them and trying to -- and transplanting them from other places.
COMMISSIONER COLETTA: And that's fine and good.
MS. BONNESS: And it's a very difficult effort to try to get them
in your property.
COMMISSIONER COLETTA: Okay. Thank you very much.
CHAIRMAN HALAS: Commissioner Henning?
COMMISSIONER HENNING: Yeah. The property rights are
very, very important, and that's my concern.
And I know that state statute says local government cannot
prohibit a bona fide agricultural operation from existing. And so when
you bring something back as far as any adoption, I would hope that
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October 10,2006
county attorney would take a look at property rights and tell us what
kind of exposure that the Board of Commissioners is going to have if
adopted.
CHAIRMAN HALAS: Okay.
COMMISSIONER HENNING: Thanks.
MS. BONNESS: From my understanding, on the agricultural
rights, is that we cannot, but the u.S. Fish and Wildlife can prohibit
agriculture.
COMMISSIONER HENNING: Yes. And if we take that over,
that duty over, those property rights will be responsible by the Board
of Commissioners or the taxpayers.
MS. BONNESS: As far as I know right now, we do not -- we do
not permit agriculture where people have given agriculture clearing
notification.
COMMISSIONER HENNING: Right. Here's what I understood
you to say -- and correct me if I'm wrong -- you said this will stop
people from clearing their land for agriculture; that's right -- that's
correct?
MS. BONNESS: I would say not everybody in North Belle
Meade can clear for agriculture, yes.
COMMISSIONER HENNING: Okay. And my understanding
of the law is local government cannot dictate bona fide agricultural.
County attorney will take a look at it and give us advise.
MS. BONNESS: We would not in this plan either.
COMMISSIONER HENNING: Pardon me?
MS. BONNESS: We would not be restricting it in this plan.
Those notifications get referred to U.S. Fish and Wildlife Service.
COMMISSIONER HENNING: Okay.
MS. BONNESS: We do not say you can't have it. We say, you
have to talk to U.S. Fish and Wildlife Service.
COMMISSIONER HENNING: All right, all right. Thanks for
the clarification.
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October 10,2006
CHAIRMAN HALAS: We have public speakers on this?
MS. FILSON: Yes, sir. We have four speakers. The first one is
Timothy Nance.
CHAIRMAN HALAS: Okay.
MS. FILSON: He'll be followed by Judith Hushon.
MR. NANCE: Good morning, Commissioners. Thank you for
the opportunity to speak.
My name is Tim Nance. I'm a resident of Northern Belle Meade.
I'm not a lobbyist. I'm here speaking for myself and for some of my
fellow residents in Northern Belle Meade, which is an area which has
a lot of activity, and I'm going to talk just for a few seconds on
generally Northern Belle Meade.
Originally the entire area of Northern Belle Meade was
agriculturally zoned. It was not considered to be agriculturally
valuable because it had been logged, drained. It's been burned over
many times, and it's been the site of a lot of rural activity.
Many years ago it was divided into many, many two-and-a-half
and five-acre parcels that are now privately owned.
As buildout has come into view, it's been coming to renewed
interest by environmental advocacy groups as everybody can see the
end of the property in Collier County.
It's been regulated by the rural fringe plan, the Northern Belle
Meade overlay, the transfer of development rights program, all of
which have had a tremendous impact on small parcel owners. Well,
those are people that are trying to live a rural lifestyle and they bought
their property not in Golden Gate, but because it was agriculture and
they wanted to conduct nurseries, small groves, ranches, stables or a
rural homestead.
Commissioners, you are the stewards of the land and of the
people. You have to make many difficult decisions. But you are the
only potential protectors of these small property owners. These are
people that are not wealthy. They can't afford counsel. They can't
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October 10, 2006
come forward to plan -- to come forward with an amendment of a Bert
Harris Act, and they are becoming the most endangered species, that is
the people that want to conduct a rural lifestyle or ago activities.
I would ask you to please have it in your hearts to consider,
perhaps, the unintended consequences of these sweeping plans and
rules on small rural and agricultural landowners. They're the ones that
are endangered species. They're the ones that are losing the use of
their property via zoning changes, ordinance rules and plans. It's
basically a death by 1,000 cuts.
I'm opposed to yet another layer of bureaucracy and rules that
could have a devastating effect -- another devastating effect on these
people. I can't imagine sending forth a myriad of people to count dead
trees with measuring tapes.
What's going to happen when lightning strikes another tree?
Now we have another potential cavity tree. Now we have a protected
spot. Or wind blows it over, now it's gone, now it's back. Please have
it in your heart to protect the small landowners in Northern Belle
Meade.
Thank you.
CHAIRMAN HALAS: Thank you, sir.
MS. FILSON: The next speaker is Judith Hushon. She'll be
followed by Nancy Payton.
MS. HUSHON: Hello. I'm on the EAC as well as I felt -- we felt
this was very important, given the fact that we are often affected by
threatened and Endangered Species Act issues on properties that we're
trying to approve zoning changes for. And so I agreed to serve on the
committee along with Maureen for -- that has put together this
recommendation.
What happens to us normally is that we do everything piecemeal.
This property comes up, then that property comes up, then maybe one
down the street comes up, and we do things piecemeal. If we keep
doing things piecemeal, we run into this problem of 1,000 cuts in
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October 10, 2006
attrition, and we do deep gnawing in on habitats.
If we think habitats are important -- and obviously our state and
federal governments do, and I think this county government does, too.
Habitats for the threatened -- these aren't called threatened and
endangered for nothing. It's very hard to get something on the list.
These have been put on the list as threatened and endangered.
We have some of the very few colonies of these birds, and that's
one set. We're actually working, however, of course, on all the
threatened and endangered species and coming up with some sort of a
plan to deal with many of them, but this was a first cut because there's
some pretty good science on these birds. There's better science on
them than there are on some of the other species. That's what Maureen
presented to you.
Our thought was that it's good if you can have a monitoring
program, what's going on on a regular basis. You have somebody in
the county who has put a little red tag on these properties that we
know are critical properties so that they don't just go and clear-cut
willy-nilly. Things happen. There's an attempt to preserve as many of
these trees as can be preserved even in the development that goes on.
This won't prevent any houses from going up. It won't prevent
those kinds of uses. It may prevent agricultural uses if you're the last
guy on the block. If you're not the last guy on the block, it probably
won't inhibit you, unless you happen to have the cavity tree on your
property. I mean, that's where we're coming at.
If you have it on your property now you're not going to be able to
take it down. That's the law. That's the way the law works. You have
to go to Fish and Wildlife. They mayor may not let you take it down.
We know there are a lot of problems with other species, and
we're going to be following up. We're now looking at panthers.
Obviously they're a big deal. We know that the Gopher Tortoise
relocation isn't working, so we will be looking at Gopher Tortoises
again with some issues related there.
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But RCWs are before you as kind of our first cut. We'd like to
start following them faster than two years in terms of getting
recommendations to you. This seems to be a very level-headed
presentation of how to -- how to deal with these little birds.
And they are a resource to us. We can't just write off our
resources. That's also an issue. If this county keeps writing off their
resources -- you know, these little birds probably used to be on the
east as well, and they're not anymore. So we'd like to keep our little
birds with us.
Thank you.
CHAIRMAN HALAS: Thank you very much.
MS. FILSON: The next speaker is Nancy Payton. She'll be
followed by Marco Espinar.
MS. PAYTON: Good morning. Nancy Payton, representing the
Florida Wildlife Federation, and I'd like to speak briefly in support of
this compliance plan which we view as an interim plan until the
Habitat Conservation Plan is implemented.
Mr. Nance made some comments. I inferred from those as, let's
not look at small landowners, individual property owners. Let's leave
them alone. Well, we can't do that. They have obligations under the
Endangered Species Act as well that exist, and I think it's in their
interest and the county's interest to inform these people through plans
such as we heard about today that they do have obligations under the
Endangered Species Act, and this is how you go about meeting them.
That protects them from possible litigation or other actions, and it
also helps the county in its exposure because the county also has
obligations under the Endangered Species Act and shouldn't continue
to give out building permits in lands that they know are occupied by
listed species.
So there are issues of the county's exposure under the
Endangered Species Act that also ought to be looked at by the county
attorney when they look at this plan.
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Again, I want to make a plug for the Habitat Conservation Plan,
and that I would prefer that the Habitat Conservation Committee be
looking at the big picture rather than continuing to do these individual
species plans, because we're going to be at that for my lifetime
because there's so many species.
But if we look at a comprehensive plan, the Habitat Conservation
Plan, we can deal with these species all at once.
I understand the RCWs because they're under imminent pressure.
You're required under your comprehensive plan to develop a strategy
to protect them, but other species; I think we need to look at under the
HCP.
And I thank you very much, and those are my comments, and I
hope that you move this plan forward.
Thank you.
MS. FILSON: Your--
CHAIRMAN HALAS: Thank you very much.
MS. FILSON: -- final speaker is Marco Espinar.
MR. ESPINAR: Good morning, Commissioners. For the record,
Marco Espinar, Collier Environmental Consultants. And for
disclosure, I am -- I do represent an individual homeowner -- or a
property owner that may be affected by this. That property is to the
west of the landfill and east of City Gate, known as Century Park, and
it's a project that -- of regional significance that we've been working
on for four or five years.
And the reason I'm here is because of my uncertainty of how this
is going to affect our project in the long-term, considering that we've
been in the permit process now for four or five years; however, talking
with staff and everything, I'm pretty assured that everything's going to
work out, however, I'm still concerned about some of the vagueness in
this -- in this paper.
Specifically, the language is very liberal and encompasses all of
Collier County, but the maps at the back, okay, are very site specific
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October 10, 2006
to the North Belle Meade area. This started with the GMP in regards
to the Belle Meade area.
And my question is, I -- or my statement is, I think, is that we
need to have specific boundaries that this is affecting. Is Golden Gate
Estates exempt from this? Is the rural stewardship areas exempt from
this? Is City Gate exempt from this? They've got their own HCP.
I think that that needs to be more clearly defined in this paper as
to which are the parcels that are being affected and which are not,
which is the area encompassing this area?
Moving on though, there are some other concerns I have within
this paper, specifically in the definition sections. To start with, I didn't
see any definition at all identifying what an abandoned cavity tree is.
I think that's very important to identify when an abandoned -- a cavity
tree is designated abandoned. I did not see this in the definitions at all.
More importantly though, I think, is the definition of foraging
habitat on that paper. If you look at the definition of foraging habitat,
it's not describing foraging habitat. It's describing prime RCW habitat,
which is very different than foraging habitat.
So my recommendation is that you fine tune the definition of
foraging habitat. I heard a statement of roughly half a mile
circumference from the active cavities. As such, I would recommend
that you be specific as to identifying what is the area of foraging.
Currently right now any 411 pine palmetto areas will be
classified or can be classified as foraging habitat. Even though you
may have prime habitat, that does not necessarily mean that it is
foraging habitat.
I will also -- I'd like to sort of conclude a little bit with the fact
that there is a recommendation that staff start mapping out foraging
habitat after six months -- my understanding is, after the BCC
approved this. My recommendation is, that's done first. We need to
identify specifically what areas are we talking about so the individual
property owners know.
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October 10, 2006
CHAIRMAN HALAS: Sir, can you wrap it up?
MR. ESPINAR: Thank sir. That's it.
CHAIRMAN HALAS: Oh, thank you.
MS. FILSON: That was your final speaker, Mr. Chairman.
CHAIRMAN HALAS: Okay. Any further -- Commissioner
Henning?
COMMISSIONER HENNING: We're not actually being asked
to adopt anything today, are we?
CHAIRMAN HALAS: No.
COMMISSIONER HENNING: No. It will have to be through
an ordinance or resolution. Would it be a land use ordinance such as
Land Development Code?
MR. LORENZ: Bill Lorenz, environmental services director.
That is -- that is what staff is recommending, that this process go
through the Land Development Code because you will be dealing with
a variety of permitting issues. And some of -- and some of the details
and points of clarification that some of the speakers brought up, of
course, that would -- that would be all part of that -- developing those
detailed code provisions.
CHAIRMAN HALAS: Okay.
COMMISSIONER HENNING: Could we get some answers
before we give direction to further the endeavor? Some of the
questions were brought up today, concerns and questions. Can we get
some of those answered before we give that direction? Maybe not
today, but at a later time?
MR. LORENZ: Certainly. The notes that I had from, let's see,
the last speaker, Marco Espinar, there are certain definitions that we
can get defined. I'd have to have my staff or Maureen answer the
questions specifically as to -- as to the definitions, but those
definitions would be further developed in the Land Development
Code.
The other point that he made was concerning whether it would be
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October 10,2006
all of Collier County or just North Belle Meade. To some degree,
that's a little bit of a policy decision for the board.
I know you recall during your resolution for the Habitat
Conservation Plan you did exclude the rural land stewardship area
from consideration. The point to be made, however, is that these
recommendations would be to have the county to look at a permit --
let's say, a proposal coming in. If the -- if the proposal conforms to
the restrictions that would be identified in the Land Development
Code regulations, then the county staff would simply issue the permit.
If there was any -- if there was anything against those conditions,
the proposal that you have in front of you now would be to -- would
be to have the applicant receive confirmation from the U.S. Fish and
Wildlife Service that that proposal can move forward, and that's -- and
that's somewhat of the answer to Marco's questions concerning
existing activities.
If certain existing applications or projects that have been in the
works have their own Habitat Conservation Plan, essentially that's our
technical assistance from the agencies that the agencies are allowing
those proposals to go forward. So to answer those questions, as long
as he's got -- the applicant has that information from the U.S. Fish and
Wildlife Service, then under this proposal, then the county would be
able to issue those permits.
The one question I can't answer right off the bat would be
Commissioner Coletta's question concerning compensation for the
potential loss of property . We'll have to work that through the County
Attorney's Office to determine how we can either constrain it so we
don't allow that to happen from a county's permitting process, or if
there is no -- no constraint for that, then obviously we'd have to
identify some other option for you. But I don't have that information
available for you today. I'm not sure if there was any other questions
that I may have missed.
CHAIRMAN HALAS: Bill, this group, when it was put
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together, were you involved in this study group?
MR. LORENZ: This is the Habitat Conservation Plan Advisory
Committee that was established by the board as ad hoc committee.
And yes, I was staff to the committee.
CHAIRMAN HALAS: Okay. So we used the best science that's
presently available in regards to this study?
MR. LORENZ: Yes, yes. You had --
CHAIRMAN HALAS: Because I think that was one of our
concerns that we were going to possibly use the best science that was
available at the time we put this group together.
MR. LORENZ: Yes. You have Maureen Bonness, who is very
knowledgeable, for the recovery plans. We also worked with another
individual who has expert -- has certain expertise with RCWs. And
the information that you have that's within this proposal comes, for the
most part, out of the U.S. Fish and Wildlife Services' recovery plan for
RCW.
CHAIRMAN HALAS: My other question is, is there other
counties within the State of Florida that have an RCW plan and that
are looking at an RCW plan similar to what we're doing here?
MR. LORENZ: No. We don't know of any other counties. We
would probably be the first.
CHAIRMAN HALAS: Is that because they don't have the
habitat for RCW s, or can you answer that?
MR. LORENZ: Maureen?
MS. BONNESS: There are many other RCW populations in
Florida, especially in the Panhandle. Some of the ones that are more
endangered are more in central Florida, around Orlando, in that area.
The ones in the Panhandle have lots of space, and many of them
actually are in bombing ranges and military installations.
I know of no examples in Florida where you have this -- a need
for some kind of plan. There are some examples right now in North
Carolina. There's one where they are taking property building rights
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October 10,2006
away from people because it's much smaller acres, and so the U.S.
Fish and Wildlife is actually telling property owners they cannot
build. It's kind of similar to scrub jays in Charlotte County.
CHAIRMAN HALAS: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. The directions were given.
Staff is more or less going to take this back and then bring it back to
us with some of the comments and ideas that we put forward, I would
believe. We're not adopting anything today; is that correct?
MR. LORENZ: That's correct.
COMMISSIONER COLETTA: Well, if my fellow
commissioners agree that we need to have this looked at as far as
either the removal of private property lots from this or compensation
in a way that really makes these people whole, I'd be more than
willing to endorse moving forward on this.
CHAIRMAN HALAS: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. Just two -- two things. It
sounds to me, as long as you're following the rules of the U.S. Fish
and Wildlife, that what you're doing is just customizing it for Collier
County; is that what it is? I mean, you're not doing anything more
than that's already demanded, right?
MR. LORENZ: That's correct. The--
COMMISSIONER FIALA: Required.
MR. LORENZ: The basis of -- the basis of the proposal is to
take what the U.S. Fish and Wildlife Service would require, have the
county adopt that as its set of rules so that as a -- as an applicant
comes forward, the county can ensure that the applicant is -- in getting
any permits by the county, the applicants will conform to the U.S.
Fish and Wildlife Service's rules.
If there is some indication that they would not conform to those
rules, then the proposal is to have that applicant contact U.S. Fish and
Wildlife Service, provide a statement to the county that their proposal
is okay with U.S. Fish and Wildlife Service. That ensures that the
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October 10, 2006
applicant is not going to run afoul of the federal regulations and also
provides the county some degree of, let's say -- we're taking out a little
bit of a liability situation in the sense that we will not be issuing
permits that could have resulted in a take of a listed species.
COMMISSIONER FIALA: Well, I guess that goes back to a
problem we discussed this morning, a guy adding a bathroom to his
house. He bought the house, he thought it was all whole. And the
comments were, let the buyer beware. And if they know they have
RCW on their property or cavity trees or habitat or even if they don't,
like this poor gentleman, let the buyer beware, I guess.
CHAIRMAN HALAS: One of the things I'd like to see is that if
someone finds out that they purchased a property and they find out
that they have a cavity tree which may cause them a situation where
they can't build, I would hope that -- or that he has the opportunity to
sell this property to either Conservation Collier or to some group that
would love to buy that property to keep it so that it's not destroyed.
So I think the first course of action would be, if the person finds
this and he's got private property, that he notifies the public that he's
got a problem here and he'd like to get rid of this property and sell it at
market value, and -- so that he can then find another piece of property
where he can build on. I think that would be another way to go.
COMMISSIONER FIALA: And I wanted to add to the buyer
beware. I think that Commissioner Coletta was absolutely right, we
need to find out how they will be compensated, because, you know,
they shouldn't just lose something.
CHAIRMAN HALAS: Well, that's why I'm saying, if they
publish the land that it is cockaded woodpecker land and he finds this
after he decides he wants to build, he's got a problem. Then he should
be -- hopefully there will be someone that will step up or not -- then
the recourse would be to figure out a way that he was going to be
compensated for it.
Commissioner Coletta?
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October 10, 2006
COMMISSIONER COLETTA: I think we're heading in the right
direction. I want to thank my commissioners for the compassion
they're showing. I just want to make sure we clarify buyer beware.
Just -- in many cases these people bought in good faith, and it was
before the regulations existed for the Red-Cockaded (sic ) Woodpecker
or any other endangered species. And they sat on these lands as an
investment or to be able to build their own dream home sometime in
the future.
So once the ball's been passed -- now, the rules and regulations
are still being firmed up, so at what point in time does buyer beware
come into play? But I mean, you both -- both commissioners who just
spoke clarified that very well, and I appreciate the fact on that.
CHAIRMAN HALAS: Well, I think what we -- I think what the
intent is, that if there's anybody that buys the land while we're going
through this course, that they should make sure that they have
someone knowing that they're in the North Belle Meade area, and if
they're buying some land, that they need to have somebody that's an
environmentalist to go out there and walk the property and find out
just exactly, you know, what's -- if they have any cockaded
woodpeckers on their particular property or if they have a cavity tree
that's in existence.
I think that's where they need to make sure that they're not
stepping -- getting themselves in a problem. But I believe that people
who have had the property for many years, and then we institute this
law, I believe they should have the ability to see if there's some
environmental groups that would like to purchase this property to take
it off their hands.
COMMISSIONER COLETTA: I'm not too sure if -- we've got
an awful lot of conflicting ideas, although staff could always come
back with a bunch of alternatives. I--
CHAIRMAN HALAS: They can sort out all the ideas that we
just discussed.
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October 10, 2006
COMMISSIONER COLETTA: Yeah, but I wanted to make sure
that your last idea wasn't the idea that they're going to go back and try
to work it. If Collier Conservation and some other conservation
element wants to buy the land, that we're off scot-free. I'd like to see
all the options brought back to us rather than just that particular one.
Because they might never want to buy it. Let's face it. We just
served as the example for that by stopping the purchase of certain
lands in Golden Gate Estates that we thought were overpriced, and we
know that if we sit back for a while, the prices -- at least we hope the
prices will come down. They could do the same thing to these
landowners, and they'd be less than whole. But that's a discussion for
another day.
If we could just go forward with the directions we gave staff with
a broad array of suggestions that they can come back to us and offer
us all the alternatives, rather than focus it so narrowly that we will
never get to where we need to be.
CHAIRMAN HALAS: Well, I think what we need to really do
is figure out exactly if there are any lands presently that are in the -- in
the areas that could be built on, if there is Red-cockaded woodpeckers
on those particular lands. I think that's where we need to go to start
with.
COMMISSIONER COLETTA: I think the problem there is,
that's a very, very detailed study that would take years to complete.
Ms. Bonness is shaking her head no. It's all been done completely so
that's no longer a problem. We know where every single one is. Even
the lands that they won't let you on to survey, you already know
what's there and what isn't. Very good.
COMMISSIONER FIALA: But that's what Mario said though.
He said he wanted the specific boundaries. He felt the specific
boundaries should be identified as well as a map to show where these
areas are. But you probable have that, right?
COMMISSIONER COLETTA: I -- just due caution. You know,
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October 10,2006
when we come back with this, I want to make sure it's something that I
can put my name and sign for, because when it goes through the
process, it's going to take four commissioners to be in agreement. And
so let's try to tailor this thing so it's going to meet the needs of what's
out there.
I'm just scared that what we're giving now for directions is a little
bit conflicting. Rather than be conflicting, I'd say, all inclusive; in
other words, bring back all the alternatives.
CHAIRMAN HALAS: Well, I -- yeah. And I think the other
thing is, if this is incorporated in Land Development Code, that it's
going to be scrutinized by not only the people who are going to be
affected mostly, but I think it's going to be scrutinized by people on
the Planning Commission, then of course we get our hands on it, and
we're the first -- the last ones to put the stamp of approval. So I think
we can address a lot of these questions and figure out where we are as
we move through the course, the process.
COMMISSIONER COLETTA: And I'm sorry. I don't want to
belabor this, but I'd rather address a lot of these issues on the front end
rather than on the back side. I won't support any efforts to go forward
unless I know that we're going to do due diligence across the board.
CHAIRMAN HALAS: I think we gave staff direction already in
regards to that.
COMMISSIONER COLETTA: Maybe you might want to tell us
what our direction was?
CHAIRMAN HALAS: Well, I think our direction was that the
number of quests that we're going to go through and see if there's --
anybody's going to get ox gored in this manner, and that they were
going to come back and basically tell us if there's any lands that are
susceptible to the Red-Cockaded Woodpecker that could possibly be
built on at this point in time; is that correct?
MR. LORENZ: Mr. Chairman, if I could ask a question of
clarification. In my presentation I indicated that as -- of course, we'd
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October 10,2006
be looking at coming back to you in the 2007 Land Development
Code amendment cycle process, and that's where the actual rules
would be -- would be adopted.
The question I have for the board is, is the direction for staff to
work through the Land Development Code amendments, provide that
kind of information to present to you during that process, or do you
want to see these questions answered prior to giving us direction to
begin the Land Development Code amendment process?
CHAIRMAN HALAS: See the questions answered prior to
going through the Land Development Code.
MR. LORENZ: So in that sense, what we'll do is we'll take the
advisory committee that you appointed a year or so ago, we'll work
these questions through the advisory committee --
CHAIRMAN HALAS: Right.
MR. LORENZ: -- they'll provide you a recommendation, that
recommendation will be timed such that it will give us time to work
out the details of the Land Development Code amendments if so given
further direction by the board.
CHAIRMAN HALAS: That's correct.
MR. LORENZ: Okay.
CHAIRMAN HALAS: Okay?
MR. WEIGEL: Mr. Chairman?
CHAIRMAN HALAS: Yes.
MR. WEIGEL: And I'd just like to add that we've taken notes.
The county attorney, of course, will be working with Bill and with the
advisory committee --
CHAIRMAN HALAS: Definitely.
MR. WEIGEL: -- related to any questions of liability, the
application of the federal law, Fish, Game and Wildlife by and
through the county, and questions of -- any questions of compensation
that may come into playas well.
CHAIRMAN HALAS: Okay. Thank you very much. That
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October 10, 2006
needs to be addressed also. Thank you, Bill.
CHAIRMAN HALAS: Okay.
Item #lOB
RESOLUTION 2006-268: RECOMMENDATION TO
MODERNIZE AND UPDATE THE COUNTY'S PURCHASING
POLICY - ADOPTED W/CHANGES
MR. MUDD: Commissioner, that brings us to item lOB, and
that's a recommendation to modernize and update the county's
purchasing policy.
Mr. Steve Carnell, your Director of Purchasing, will present.
CHAIRMAN HALAS: I want to thank everyone that -- before
everybody leaves, I want to thank everyone that put an effort into this.
Thank you so much.
MR. CARNELL: Mr. Chairman, members of the board, Steve
Carnell, your Purchasing and General Services Director. And I'm here
this morning to, first of all, report to you that the purchasing system in
Collier County Government is good, and it's going to be getting better.
Part and parcel of that is the recommendations I'm making to you
this morning to help us take the next step to improve the performance
of our purchasing system overall.
Just want to give you a little perspective, give everyone the
perspective listening to the presentation here, a little bit of what we're
trying to address and the context in which we're functioning in.
We have been operating under a $25,000 bid limit; $25,000
board approval limit for purchases for nine years. We've also been
operating under a limit of $90,000 for the approval of our architectural
engineering work orders that are authorized by the board following --
pursuant to master contracts that we place through the RFP process,
and so those have not been updated in 10 years.
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Now, let's take a moment and think about what's happened in the
last 10 years and talk about what's happened in the last 10 years, both
within the agency and external to it.
Over the last 10 years, the U. S. economy has experienced 34
percent inflation. The county's capital project activity has greatly
expanded. Just for an example, Mr. Feder's capital improvement,
transportation has grown more than five-fold in dollars in that 10-year
period as we've really gotten serious about trying to meet our road
delivery requirements in Collier County.
Likewise, our project delivery demands have increased. Not only
are we doing more work, but the projects are more complex and we're
trying to deliver them more timely. Particularly in Mr. DeLony's area
there's been an attempt to deliver capacity early as opposed to just in
time to avoid situations such as we ran into with the consent order
with the DEP, the North Wastewater Plant in the last few years.
So we have those kind of environmental demands, if you will,
business environmental demands, in the system that we're trying to
address through a purchasing system that's responsive and open and
accountable.
Now, in all of that we've also seen some improvement in capacity
thanks largely to the five of you. The board has invested significantly
in technology and human resources that are attendant to the purchase
of goods and services, particularly the SAP financial management
system. This system's been tremendously successful in my department
and is servicing the purchasing system throughout the agency and
helping departments acquire goods and services. I'll talk a little bit
more about that in a moment.
We also, through the support of the board, have added a contract
administration function within my department, which has enabled us
to systematically and strategically establish contract negotiation
methods that we estimate have saved several million dollars in just the
two years that we've been in place with the system.
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It's also improved our ability to support and deliver contracts
once we're under contract and a vendor is performing and delivering
services to us and manage changes to contracts in a more open and
accountable timely manner as well.
We've also seen the board agenda process change substantially
over the last 10 years. When I came to work in Collier County
government 21 years ago, the board used to meet weekly and you used
to write up your executive summaries on Wednesday morning, hand
them to the county manager at noon, they went to the printer that
afternoon. The board met the following Tuesday.
We're in a much more complex and demanding environment
now. The board meets every other week as opposed to weekly in part
to give the five of you and the staff a better opportunity to review, to
vet, to analyze the actions that we are presenting to you.
So each of the five of you, for example, meets with the county
manager before every meeting. If you think about your own meeting
with the manager, take that and replicate it through the agencies
several times over, the manager having those same kinds of
discussions with his administrators, administrators with directors,
directors with their staffs, there's a great deal more scrutiny, review
and preparation of thought overall that goes into delivering this
meeting every other Tuesday.
One of the things we've done to try to facilitate and make that
more efficient, of course, as an agency is the addition of that board
agenda automation system. So again, those are some things the board
has invested in to help us improve performance in our purchasing
system overall.
Now, hand in glove with all that, we've made several business
improvements procedurally over the last several years. We now have
formalized selection committee procedures, particularly significant
there is the fact that we are operating totally in the sunshine now. Any
member of the public can come into a selection committee meting and
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see the staff deliberate in terms of their selection of consultants or
vendors, whoever they may be hiring for whatever purchase it may be.
We've also implemented a vendor performance evaluation system
where vendors get graded and evaluated at the end of the contract
performance period. That data is incorporated into a central data base
which is then reviewed by these staff selection committees for future
selections that are then brought to you for award.
We've also, through the contract administration group I
mentioned a moment ago, developed a really very strategic contract
negotiation process where we identify resources. The vendor and the
project manager independent of each other will identify resourcing
requirements and then compare them to one and another, and the
purchasing staff will facilitate the negotiation of that contract.
That not only saves money, but it also clarifies understanding
between the parties as to what is expected in terms of performance
under that contract.
We've worked very closely with the Clerk of Court's finance
division. There's a whole other setup in terms of how that agency
participants with us in -- prior to the board seeing contracts and items
for its consideration.
And then, as I mentioned a moment ago, there's increased
oversight over contract changes. We process our change orders now
through the staff, and the larger ones are brought to board for prior
approval. The smaller change orders are approved by the staff but are
reported to the board on a monthly basis to ensure accountability and
general oversight there.
Kind of the net benefit of all this is that we have closer scrutiny
of our purchases than ever before. We have a more efficient PO
process in a number of ways, particularly thanks to your investment in
the SAP system, which enables us to pull all of the information
together, attach it electronically to a purchase requisition and then
have my staff review and approve that, well, really all the people
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October 10,2006
along the way in the various departments who need to approve a given
purchase order before it comes to purchasing for final approval.
But all of that is collected together efficiently and enables my
staff to turn around a lot more work in the same amount of time.
That's good because that frees them up to do other things, such as
running reports out of the SAP system that enable us to evaluate our
purchasing behavior and habits, if you will, and enables us to address
tendencies that may not be fully productive internally before they
become a problem.
We've also -- 10 years ago was the period of time when we
implemented the use of fixed-term contracts. I made reference to the
$90,000 work order limit. That has been tremendously beneficial to
us in terms of reducing lead time to acquire goods and services.
Of course, 10 years ago we were just starting that process. That
is now a fact of life and just a built-in efficiency into our purchasing
system that we rely on heavily to get work done in a more expeditious
manner.
I mentioned the contract negotiation process. We believe fiscal
year '06 that just finished, we estimate that we saved the agency close
to $14 million through the contract negotiation process. And, again,
that's to your credit for providing us the resources that enable us to do
that and continue to do that and to institutionalize and to make it part
of how we do business every day.
Well, with that little backdrop, here's what we're proposing as a
staff to you today. Our bid limit, as I said, has been at $25,000 for
nine years. Weare recommending that we raise that limit to $50,000,
and then we will -- with the intent of coming back to you within the
next two years to raise it to $100,000.
We're also recommending that the work order approval limit be
raised to $200,000. And we're also recommending two other
significant changes, that the purchasing director would be authorized
to approve state and federal contract purchases.
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October 10, 2006
The purchasing director at the present time has the ability to
approve other purchases through other means. This would just simply
add the state and federal contract to that umbrella as well.
And then the other significant change is that the county has a
purchasing card system that's been in place for about eight years, and
we're asking for the authority for the purchasing department staff to be
able to selectively strategically order larger purchases, larger-dollar
purchases. Right now we have a $1,000 limit per transaction -- be
able to make these orders through purchasing cards.
A couple of benefits there. Number one, we have vendors who
will not accept a purchase order anymore. And sometimes a P card is
the only way we can do business with them. And right now we go
through quite a bit of mental and negotiative gymnastics with people
who are in that boat. Sometimes we have to just change vendors and
go somewhere else because we can't get them to take a PO.
We also have emergency situations arise where the purchasing
card can be used very productively. And then the other point is -- and
you know, probably many of you will know this from your own
personal credit cards, that many of them have rebate and incentive
programs. Ours does too.
If we were to make a large purchase on a credit card, we can
create rebate revenue back to Collier County.
Again, just so we're clear, we're talking about purchases where
we will follow the purchasing fully in every respect. The only
variation will be, when it's time to order, instead of issuing a purchase
order, we'll order through a credit card.
In short, those are the -- those are the primary changes that we're
recommending for your approval today. I want to make the point that
these recommendations are consistent with the practices of several
other Florida counties, and I provided you a little survey information
to give you a sense of that.
And the last point, I think maybe the most important point is, just
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October 10,2006
so it's clear about what the benefit would be with these changes,
essentially in one word, time; it's time. When I say time, I'm referring
to time in two respects; saving man-hours and saving calendar time.
We estimate, if we implement these changes as proposed, that we
could reduce the number of agenda items, all told, annually 75 to 80
items. Most of those would be work orders not having to come to the
board for prior approval. There would be a few other items as well,
such as the cooperative purchases being approved by my office as
opposed to the board.
But all told, you're talking about 75 to 80 agenda items that we
don't have to prepare for, we don't have to vet through that full agenda
system. We'll vet it through the regular purchasing process internally,
but not that second vetting through the senior management review of
the agenda item.
And then in addition to that, we're talking about being able to, for
purchased between 25- and $50,000, right now if we don't have a
preexisting contract, we have to start the formal competition process.
We can save two to three months if we can use a more informal
process approved by the purchasing director in the selection of the
vendor in that case.
Then I mentioned the work order process. Ifwe don't have to
place those smaller work orders on the agenda, we're saving three to
six weeks per work order. And virtually all of these work orders are
in the critical path of a capital project. In other words, you can't start
the work on the project until the work order is negotiated and placed.
So that trip to the board adds three to six weeks on average.
And what essentially you're doing by approving this is you're
taking about 65 items a year and lopping three to six weeks off those
projects.
So in a nutshell, that's the presentation to you this morning. I'd
be happy to entertain any questions from the board.
CHAIRMAN HALAS: Steve, I have a couple questions, and
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October 10,2006
then I'll turn this over to Commissioner Henning.
The biggest concern I have -- first of all, I believe that we need to
have empowerment of the people who work here in the county. That's
number one. We have the checks and balances in place.
The only one that kind of concerns me is in regards to the
purchase cards, that people have the contract cards. What measures
do we have in place to make sure that if someone abuses that
privilege, that they either are disciplined or either had to pay it back?
What do we have in regards to what checks and balances do we have
in that area?
MR. CARNELL: Sure. Well, let me answer that at two levels.
We have 3- to 400 card users right now countywide. Now, what I'm
proposing this morning does not involve 99.9 percent of those
assigned card users, but let me explain in a moment.
But your first question, in general, the checks and balances are
that if there is any misuse of a card, the purchasing department will
and has, in fact, in a few instances revoked people's cards, and then
appropriate disciplinary action has been taken by that person's
department director or division administrator, and there have been
some instances where employees have had to pay back improper
expenditures to the county, so that's the general rule.
Again, keep in mind, the change that we're proposing here in the
P card program would only be delegated to the purchasing department
staff, and we will be working very closely with the finance division to
establish the clear protocol of how to place those orders, how to
process the payments, and be sure that everything is properly -- has
proper checks and balances.
CHAIRMAN HALAS: You've answered my question.
Commissioner Henning.
COMMISSIONER HENNING: Well, you're raising the limits
for the bid from 25 to 50. Why wouldn't you just go to a work order
instead of a bid?
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October 10, 2006
MR. CARNELL: Well, this is for -- this is for purchases that
don't have preexisting contracts, that don't have a contract to create
work orders off of already, and we're starting from scratch. There is
no contract in place, and so we have to go to formal competition. All
of those work orders have prior bids or RFPs to precede them.
COMMISSIONER HENNING: I see. Okay. So that's not --
well, let me ask you something. Commissioner Fiala pulled one off the
consent -- and I don't know why. We'll have to wait till we get there --
and that is, recommendation to waive formal competition to approve
contract for a sled, slide, at North Regional Park for Sun-N-Fun
Lagoon. Would that be a purchase -- or a work order?
MR. CARNELL: No, no. That's part ofa construction contract
where the work was contemplated, but was not actually priced out and
performed, and that's a whole other discussion. But no, that's not part
of a work order process, no.
COMMISSIONER HENNING: Okay. So the -- there's items
that we're going to -- I mean, any capital improvement, you've got to
have a contract first?
MR. CARNELL: Correct, correct. Let me clarify something for
you.
COMMISSIONER HENNING: And you have to abide by the
contract.
MR. CARNELL: Absolutely.
COMMISSIONER HENNING: Okay. And -- so everything's in
there and it has to come before us first, right?
MR. CARNELL: Correct. Even if work orders -- the front end
contract, what we call the master contract that enables you to do work
orders, has to be approved by the five of you.
COMMISSIONER HENNING: Okay. Now, what about change
orders?
MR. CARNELL: We're proposing no changes to the change
order policy at the present time.
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October 10,2006
COMMISSIONER HENNING: Okay, okay. And what if -- you
said that you were going to provide a synopsis of these work orders
and stuff like that to the Board of Commissioners individually.
MR. CARNELL: I certainly can, yes, sir.
COMMISSIONER HENNING: Okay. Well, I mean, I think
that's a trust -- I think we need to trust -- but I think we also need to
verify.
I think it's worth the efforts to provide the commissioners
information. The system, if we feel it's broke, we could always go
back, correct?
MR. CARNELL: Correct, absolutely.
COMMISSIONER HENNING: Okay.
CHAIRMAN HALAS: Commissioner Fiala?
COMMISSIONER FIALA: Yep. I have four pretty easy ones. I
like where you're going with it. And I just wanted to know what
controls will you have staying within the limits of these cards in the
departments?
MR. CARNELL: Oh, I'm sorry. The purchasing cards, ma'am?
COMMISSIONER FIALA: Uh-huh.
MR. CARNELL: Well, right now each card user is restricted to
$1,000 per transaction and $10,000 per month with the exception of
the tourism department, which has specific board authorization with
higher limits, and the card -- it's automated control. If you're at your
limit, you can't go over it.
COMMISSIONER FIALA: Oh, okay.
MR. CARNELL: It won't process the card. The bank card will
shut down the transaction.
COMMISSIONER FIALA: Oh, okay. Now assure me that we'll
still get all of the work orders and change orders like we do now in the
agenda, right?
MR. CARNELL: What you're going to see is you're going to see
change order processing is going to continue as is, you'll see the
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October 10, 2006
monthly change order report, you'll also see the larger change orders
that require your prior approval. Work orders will continue to be
processed as well, but you'll see the -- in front of the board, above
$200,000.
COMMISSIONER FIALA: Good. Third question. Purchasing
cards are already a done-deal when the people use it, even before the
clerk's office ever sees it. And I wonder if it's something that you
weren't really happy about or you didn't feel they should be doing that
but now it's already -- you know, they've already signed for it and
have the thing. How are you going to deal with that?
MR. CARNELL: Well, again, part of that, as I mentioned to the
chairman's question, is going to be discipline with the employee, and
training. We have a great deal of proactive training that occurs. We've
really enhanced our purchasing card training program. We just trained
75 new users just within the last two months, and the -- essentially the
way that's going to be dealt with is that we'll have training, we'll have
disciplinary action if necessary, and we will make attempts to return
the goods and services if it's truly inappropriate.
COMMISSIONER FIALA: Great, great. Can you even buy
cards -- cars with these cards?
MR. CARNELL: Well, yes, ma'am. We're going to be looking
at the prospect of doing that. Essentially up till now, the limits, in
effect, shut that down. You can't buy a car for $1,000. And what I'm
asking you all to do with the approval today is to give my staff the
ability to place those larger orders where there's a benefit to the
county. That will all be under the control of my department directly
and confined within my department.
COMMISSIONER FIALA: Okay. And I'll just finish with
saying, you know, as a whole, we've got wonderful staff. They're
honest and trustworthy, you know, above board, and I don't ever
expect people to be getting out of line, but I'm just glad to have -- just
an occasional one that might stray, you've got --
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October 10,2006
MR. CARNELL: Sure.
COMMISSIONER FIALA: -- the controls in place. Thank you.
CHAIRMAN HALAS: I'd like to say -- and this is just -- I'm just
throwing it out there for my fellow commissioners to consider it, as
Commissioner Fiala said, that we have great trust, we have checks and
balances in the system, and your request for -- to up the formal
competition limit from 25- to 50,000, and you were saying you were
going to come back to the board probably in a year if things work out,
to $100,000.
I'd really like to see it maybe moved to 75,000 now, and the limit
of200,000 to 250-, and the other one from 500,000 to 750-, to 850-,
but that's just my suggestion.
I think that, you know, we as commissioners have to look at the
big picture, and we've empowered the staff and we have the checks
and balances, and I feel that that's where we need to go. Now, where
the cards are, I think we'll just follow your guidelines because that's
one area they I don't feel -- I don't have a warm fuzzy feeling for, but
at that, I'll just pass --
COMMISSIONER COLETTA: Is that a motion?
CHAIRMAN HALAS: I'll make a motion, if I have the support
for it.
COMMISSIONER HENNING: I can't support it.
CHAIRMAN HALAS: Okay.
COMMISSIONER HENNING: I will not support something like
that.
COMMISSIONER COLETTA: I'll support it for discussion
purposes.
CHAIRMAN HALAS: Okay. I make the motion and
Commissioner Coletta seconds it.
COMMISSIONER COYLE: I wanted to talk.
CHAIRMAN HALAS: Go ahead.
COMMISSIONER COYLE: Okay.
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October 10,2006
CHAIRMAN HALAS: I'm sorry.
COMMISSIONER COYLE: Yeah, I -- the key really lies in the
checks and balances. The amounts are not quite so important except
that if we don't have the right checks and balances, we can lose a lot of
money faster, but I'm interested in the checks and balances.
And since I've been told that the clerk's office was involved in at
least some of the discussions concerning this, I'd like to get an
understanding if the clerk feels that there is any circumvention of
appropriate checks and balances, and if so, where do you think we
need to improve on this process.
MS. KINZEL: Commissioner, for the record, Crystal Kinzel
with the Clerk's Office.
We did work very closely with the purchasing department on
these policies, and your first statement is exactly right, you can lose
money more quickly and -- if you increase the limits without certain
checks and balances.
I sat with Steve for probably a couple of hours and went over a
lot of our control concerns with the purchasing cards in particular.
The transaction has occurred. It's completed. We're now back to a
disciplinary or recovery process, which is a little more difficult in
certain circumstances. So we have those ongoing concerns.
Regardless of those limits that you do apply, we will continue
that work with purchasing, we will continue to do reviews, look at the
circumstances of the expenditure, and if we find that we have
continued issues, we certainly can bring them back to the board.
But we are also concerned when the limits go up, but it is a
policy decision for this board.
COMMISSIONER COYLE: But you're not aware of any
specific things that we haven't addressed with respect to checks and
balances right now? I mean, if you have some recommendations, I'd
like to incorporate them into this motion if there's some specific
recommendations.
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October 10, 2006
MS. KINZEL: I think we have worked with purchasing,
Commissioner. We have some issues with some of the controls on
work orders, change orders, that we continue to talk through with the
county manager's office and purchasing. So I think the checks and
balances are in place.
We have that resource and recourse to discuss those things with
them. Is everything perfect to date? No. And I guess that's what I'm
caveating. We continue to work on that on a month-by-month,
meeting-by-meeting basis, and we'll continue to do that for you.
COMMISSIONER COYLE: With respect to the cards, can we
develop a higher level of comfort with that by requiring the approval
of two or more fairly high-level management personnel before those
cards -- purchases are executed?
MR. CARNELL: We were planning something along those
lines, Commissioner Coyle. It wouldn't necessarily be high-level. I'm
not sure what you mean by high-level management, but we were
going to have two supervisory personnel or a second person approving
the transaction before it was processed.
COMMISSIONER COYLE: How about you? Is that going too
high?
MR. CARNELL: Well, it might be more realistic to have it more
in the operating line --
COMMISSIONER COYLE: Yeah.
MR. CARNELL: -- but we can say like the department director
for that operating person.
COMMISSIONER COYLE: Ifwe had department director
approve the use of the card for the purchase and the amount, just sign
off on it and say, here, go make the telephone call, would that delay
people all that much?
MR. CARNELL: It potentially could in a few instances. But
what I would suggest you do -- I have a staff member who's more
versed in the mechanics of this. What I'd like to do, if the board
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October 10,2006
would give me some direction, to just build some additional checks
and balances for a second approval review within the usage of
purchasing cards, I think I can take it from there and give you
something satisfactory that we can implement.
COMMISSIONER COYLE: You could come back and tell us
what those are, I would presume?
MR. CARNELL: I could, if you'd like me to, certainly.
COMMISSIONER COYLE: Yeah. I would like to do that.
MR. CARNELL: Sure.
CHAIRMAN HALAS: Okay. Any further discussion?
(No response.)
CHAIRMAN HALAS: Okay. The motion's on the floor to --
from 50- to 75- and from 200- to 250- and from 750- to 850-, and this
doesn't have any reflection on change orders or anything of this other
nature --
MR. CARNELL: Correct.
CHAIRMAN HALAS: -- that has to come back, and the card
remains the same at this point in time until you come back to the
board for additional information on that, okay.
Hearing no further discussion, I'll call the question. All those in
favor, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
Opposed, by like sign?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Motion fails.
Do I have another motion?
COMMISSIONER FIALA: Yes. I'd like to make the motion
that we approve with all the limits that we've put in place and that
you're still going to work on the motion as it's -- or the --
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October 10, 2006
COMMISSIONER HENNING: P card.
CHAIRMAN HALAS: Card.
COMMISSIONER FIALA: -- card, and actually all of the
updates that you want to do to the purchasing policy.
CHAIRMAN HALAS: Okay. Do I hear a second?
COMMISSIONER HENNING: Second.
CHAIRMAN HALAS: Okay. We have a motion on the floor by
Commissioner Fiala and a second by Commissioner Henning.
Any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries.
MR. WEIGEL: Mr. Chairman, just to be clear then, what has
been approved is the staffs recommendation--
CHAIRMAN HALAS: Right, staffs recommendation, that's
correct.
MR. WEIGEL: Thank you.
MR. MUDD: And Mr. Carnell coming back to talk about the
additional checks and balances --
CHAIRMAN HALAS: Expenses and the purchasing cards.
MR. MUDD: -- and the purchasing card.
CHAIRMAN HALAS: Okay. At that, we will recess for lunch,
and we'll be back at 1 :08.
(A luncheon recess was had.)
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October 10,2006
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN HALAS: Good afternoon, ladies and gentlemen.
The Collier County Board of Commissioners is back in session from
our recess from lunch.
And County Manager, our next agenda item?
MR. MUDD: Mr. Chairman, Commissioners, this brings us to
our land use items. You have no items under 7, Board of Zoning
Appeals.
Brings us to 8, advertised public hearing.
Just before lunch I was approached by the petitioner's
representative, Richard Y ovanovich, and the petitioner under 8A is
requesting that this item be continued indefinitely, but I'm going to
read it.
Item #8A
PETITION: PUDZ-A-2005-AR-8438: LAKEVIEW DRIVE OF
NAPLES, LLC, REPRESENTED BY CLAY BROOKER, OF
CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP,
REQUESTING A REZONE FROM THE RESIDENTIAL
MULTIPLE FAMIL Y-6 (RMF-6 & RMF-6(3)) ZONING
DISTRICTS (A PORTION OF WHICH IS SUBJECT TO A
SPECIAL TREATMENT OVERLAY (ST)) TO THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY
AMENDING THE APPROVED WINDSTAR PUD TO ADD THE
SUBJECT 20.52 ACRES AND ITS ADDITIONAL RESIDENTIAL
UNITS THEREBY ALLOWING A MAXIMUM OF 584
RESIDENTIAL UNITS ON 341.1 ACRES. THE SUBJECT
PROPERTY IS GENERALLY LOCATED ON THE WEST SIDE
OF BAYSHORE DRIVE, APPROXIMATELY 0.6 MILES SOUTH
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October 10,2006
OF THE BA YSHORE DRIVE AND U.S. 41 - MOTION TO
CONTINUE INDEFINITELY - APPROVED
This item requires that all participants be sworn in and ex parte
disclosure be provided by commission members. It's a
recommendation that the Board of County Commissioners deny
petition A VEST -- no, excuse me -- A VESMT-2006-AR-99 1 8, which
seeks to vacate the county's and the public's interest in the Gulf Shore
Court and a portion of Center Street, according to the plat of the
Vanderbilt Beach Center as recorded as plat -- at Plat Book 3, Page
16, Public Records of Collier County, Florida, and as more
specifically described in Exhibit A.
Again, this item is being asked to be continued indefinitely by the
petitioner. If that's the board's desire, then we're going to need to vote
at that.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: Okay. We have a motion to approve the
continuance of this item indefinitely. We have the motion made by
Commissioner Coyle and a second by Commissioner Fiala. Okay.
MS. FILSON: Commissioner?
CHAIRMAN HALAS: Yes, ma'am.
MS. FILSON: Is this item 8A?
MR. MUDD: Yes, it is.
CHAIRMAN HALAS: Yes, ma'am.
MS. FILSON: Okay. I have speakers.
CHAIRMAN HALAS: Well, we're going to continue it
indefinitely, so I think the speakers will just hold off until it comes
back before the Board of County Commissioners.
Okay. Hearing no further discussions, I'll call the question.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
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October 10,2006
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries. And the people who
spoke (sic), if -- when this comes before the Board of County
Commissioners, you'll have your day in court.
Item #8B
PETITION: PUDZ-A-2005-AR-8438: LAKEVIEW DRIVE OF
NAPLES, LLC, REPRESENTED BY CLAY BROOKER, OF
CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP,
REQUESTING A REZONE FROM THE RESIDENTIAL
MULTIPLE FAMILY-6 (RMF-6 & RMF-6(3)) ZONING
DISTRICTS (A PORTION OF WHICH IS SUBJECT TO A
SPECIAL TREATMENT OVERLAY (ST)) TO THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY
AMENDING THE APPROVED WINDSTAR PUD TO ADD THE
SUBJECT 20.52 ACRES AND ITS ADDITIONAL RESIDENTIAL
UNITS THEREBY ALLOWING A MAXIMUM OF 584
RESIDENTIAL UNITS ON 341.1 ACRES. THE SUBJECT
PROPERTY IS GENERALLY LOCATED ON THE WEST SIDE
OF BA YSHORE DRIVE, APPROXIMATELY 0.6 MILES SOUTH
OF THE BAYSHORE DRIVE AND U.S. 41 PETITIONER
REQUESTS TO CONTINUE TO THE DECEMBER 12, 2006 BCC
MEETING - APPROVED
MR. MUDD: Commissioner, the next item is 8B, and this item
was continued from the September 12, 2006, BCC Meeting and has
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October 10,2006
been requested by the petitioner to be further continued.
The petitioner's representative just came and talked to me just a
second ago, Mr. Brooker, and he basically said that they would like to
continue it until the 12th December board meeting.
This item requires that all participants be sworn in and ex parte
disclosure be provided by commission members. It's petition
PUDZ-A-2005-AR-8438, Lakeview Drive of Naples, LLC,
represented by Clay Brooker of Cheffy, Passidomo, Wilson and
Johnson LLP, requesting a rezone from the residential multi-family-6,
RMF-6, and RMP-6(3) zoning districts, a portion of which is subject
to a special treatment overlay to the residential planned unit
development, RPUD, by amending the approved Windstar PUD to add
the subject 20.52 acres and its additional residential units, thereby
allowing a maximum of 584 residential units on 341.1 acres.
The subject property is generally located on the west side of
Bayshore Drive, approximately .6 miles south of Bayshore Drive and
U.S. 41, which is Tamiami Trail East. It's an intersection in sections
11, 14, 23, Township 50 south, Range 25 east, Collier County,
Florida.
Again, the petitioner has asked that this item be continued
indefinitely, but he just told me prior to me reading this that they are
asking for it to be continued until the 12th of December.
COMMISSIONER COYLE: Motion to continue to the 12th of
December.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: Okay. I have a motion the floor by
Commissioner Coy Ie for continuing this item until the 12th of
December, and I have a second by Commissioner Fiala.
Any further discussion? Commissioner Henning?
COMMISSIONER HENNING: Yeah. I've been receiving
correspondence from people that live on Lakeview Drive wanting to
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October 10, 2006
privatize their street. I can just say that I'm not going to do a Foxfire,
Kings Way up here. So if that's being contemplated, you'll get a lot of
resistance from me.
CHAIRMAN HALAS: I can assure you that I follow suit in
regards to that.
COMMISSIONER FIALA: I hope you'll be working with these
people though. But no threats, right?
CHAIRMAN HALAS: Okay. We have a -- any other
discussion?
(No response.)
CHAIRMAN HALAS: We have a motion on the floor. Hearing
no further discussion, I'll call the question. All those in favor, signify
by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign.
(N 0 response.)
CHAIRMAN HALAS: Motion carries.
Item #8C
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT 1) A RESOLUTION REVISING THE
COLLIER COUNTY WATER-SEWER DISTRICT UTILITIES
STANDARDS MANUAL AND 2) AN ORDINANCE AMENDING
THE COLLIER COUNTY UTILITIES STANDARDS AND
PROCEDURES ORDINANCE - STAFF REQUESTS
CONTINUANCE TO OCTOBER 24. 2006 - APPROVED
Page 105
October 10, 2006
MR. MUDD: Commissioners, the next item, staff had a problem
getting the line-through and underlined version of the utility standards
manual, and staff is requesting that item 8C be continued until the
24th of October so that we can provide that strike-through and add
items to the standards manual to each commissioner.
This is a recommendation that the Board of County
Commissioners adopt, one, a resolution revising the Collier County
Water/Sewer District Utilities Standard Manual, and two, an
ordinance amending the Collier County Utilities Standards and
Procedures Ordinance, project number 70202. Staff is asking that this
item be continued until the 24th of October. And in keeping with
what we normally do under advertised public hearings, we'll need to
have a vote for the board in order to continue it.
COMMISSIONER COYLE: Motion to continue until October
24, 2006.
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: Okay. We have a motion on the floor to
continue this till October 24th by Commissioner Coyle, and seconded
by Commissioner Fiala.
Any further discussion?
(N 0 response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(N 0 response.)
CHAIRMAN HALAS: Motion carries.
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October 10,2006
Item #8D
ORDINANCE 2006-47: PUDZ-2005-AR-7834 BLACK BEAR
PROPERTIES OF FL, LLC, REPRESENTED BY TIM HANCOCK,
PLANNING DIRECTOR OF DAVIDSON ENGINEERING, INC.,
IS REQUESTING A REZONE FROM THE ESTATES,
WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT
OVERLAY ZONE W-l ZONING DISTRICT (E-ST/WSl) TO THE
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR C-3 INTERMEDIATE COMMERCIAL
LAND USES, WHICH CAN PROVIDE A VARIETY OF
SERVICES WITH A COMMON ARCHITECTURAL THEME, AS
REGULATED IN THE NEIGHBORHOOD COMMERCIAL
CENTER OF THE GOLDEN GATE AREA MASTER PLAN
(GGAMP). THE SUBJECT PROPERTY, CONSISTING OF 4.86
ACRES, IS LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF GOLDEN GATE BOULEVARD AND
WILSON BOULEVARD - ADOPTED
MR. MUDD: Commissioner, that brings us to item 8D, which is
formerly known as l7C. This item was asked to be moved to the
regular agenda by Commissioner Coletta earlier this morning.
And l7C reads, this item requires that all participants be sworn in
and ex parte disclosure be provided by commission members. It's
PUDZ-2005-AR-7834, Black Bear Properties of Florida, LLC,
represented by Tim Hancock, planning director of Davidson
Engineering, Inc. is requesting a rezone from the Estates, Wellfield
Risk Management Special Treatment Overlay Zone W -1 zoning
district, and that's E-ST/WSl, to the commercial planned unit
development, CPUD, zoning district for C- 3 intermediate commercial
land uses, which can provide a variety of services with a common
architectural theme as regulated in the neighborhood commercial
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October 10, 2006
center of the Golden Gate Area Master Plan.
The subject property consisting of 4.86 acres is located on the
southwest corner of the intersection of Golden Gate Boulevard and
Wilson Boulevard in Section 9, Township 49 south, Range 27 east,
Collier County, Florida. Again, this 17C was moved to item 8D.
CHAIRMAN HALAS: Okay. At this time all those that are
going to be giving testimony in this, would you please rise to be sworn
in by our court reporter.
(The speakers were duly sworn.)
CHAIRMAN HALAS: Okay. Disclosures by commissioners? I
believe most of us have already given formal disclosures before, but
we'll start with Commissioner Coyle.
COMMISSIONER COYLE: Okay. I have had meetings with
the petitioner and petitioner's agent, and I also have received emails
from staff concerning this item.
CHAIRMAN HALAS: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I have had meetings with
the petitioner, I've had meetings with residents in Golden Gate Estates,
I've sat through commission meetings -- excuse me -- civic association
meetings with the items discussed, I met with staff and been talking to
the neighbors, received emails and phone calls. That's all in my file.
CHAIRMAN HALAS: Okay. The only thing I have on ex parte
is that I received some emails in regards to this particular subject and I
read that off earlier this morning.
So at this time, Commissioner Fiala?
COMMISSIONER FIALA: Yes. Emails, and I spoke to Tim
Hancock on the phone.
CHAIRMAN HALAS: Commissioner Henning?
COMMISSIONER HENNING: Same as before.
CHAIRMAN HALAS: Okay. Commissioner Coletta, I think
you had some --
COMMISSIONER COLETTA: Yeah. I just wanted to try to
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October 10,2006
move this item forward. This has been one that's been embraced not
only by the Planning Commission, but embraced by the civic
association. It is received through a lengthy process, the endorsement
of the neighborhood.
It's -- I don't know of any opponents out there, although we may
find out under public speakers there are some, but that I can't tell you.
But I can tell you this, it was only -- the only reason I pulled it
was I had concerns -- and I brought it to the petitioner -- on page 3 of
6 on your summary agenda, it lists under Collier County Planning
Commission recommendations, item 4, down there is prohibited uses,
one was food stores.
And the reason for that was, is they were concerned early on it
was going to turn into another food store like a convenience store
where they'd be setting tables up outside and people would be out
there drinking beer.
CHAIRMAN HALAS: That's not such a bad idea.
COMMISSIONER COLETTA: Well, I mean, in your
neighborhood, you know, but here it's a little different. This is the
Bible Belt, the other side of 951.
CHAIRMAN HALAS: I see.
COMMISSIONER COLETTA: We have our own standards.
Sometimes come out and visit us. We'll convert you and lead you in
the evil ways of Pelican Bay and all that.
But however, with that said, I think you've got one vote going so
far.
No, seriously, the issue of food stores really concerned me
because Walgreen's that's going in there is noted for foods that it does
carry in there. And you get into the predicament of what is actually
permitted in that store, how much of it can be food.
The neighbors were concerned -- they aren't concerned with the
fact if it's limited to the store Walgreen's is going to be in and the back
part of the lot, which has yet to be determined what's going to go in
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October 10, 2006
there, if this would remain in place as far as elimination of food stores,
convenience store type things, and leave it allowable use for the -- for
the Walgreen's that's going to be going in, because it, just isn't part of
that shopping experience that you stop at that store for.
And I already know that Walgreen's -- everyplace I've ever seen
that Walgreen's is in place, they do not allow people to have benches
out front, they don't encourage, congregate in their parking lot.
And I would like to make a motion for approval with this one
change noted.
CHAIRMAN HALAS: Okay. Well, we'll have the petitioner
give us a brief synopsis and find out if we're going to have any
favorite beverages there.
MR. HANCOCK: Well, Mr. Chairman, I've never been one to
stand in the way of an approval, so let me be brief.
F or the record, Tim Hancock with Davidson Engineering. We've
simply requested a clarification as an addenda to the item that would
clarify under item 9 on permitted uses, that food stores are permitted
so that Walgreen's can operate in the traditional manner we all expect
it to and the neighborhood is hoping it will, with one caveat, and that
is that -- and it reads as follows: Within 200 feet of the south property
line, stand-alone convenience stores shall not be permitted.
This addresses the issues of -- that the rear part of the parcel, the
unknown element that the neighbors were concerned about, but will
not stand in the way of Walgreen's operating as it intends.
With that change, we certainly support the Planning Commission
recommendations and ask for favorable consideration of the board at
this time.
CHAIRMAN HALAS: Okay. Do we have any public speakers
on this?
MS. FILSON: No, sir.
CHAIRMAN HALAS: Okay, no public speakers. Public part is
closed at this time.
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October 10, 2006
Is there any further discussion by the board?
COMMISSIONER FIALA: Just a minute.
Commissioner Coletta, does that meet with your approval?
COMMISSIONER COLETTA: Yes, it does.
CHAIRMAN HALAS: Okay. Commissioner Henning?
COMMISSIONER HENNING: Commissioner, do you have a
second on the motion?
COMMISSIONER COLETTA: No, I don't.
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: Well, I'm going to second your
motion with the language added to -- Mr. Hancock, is that correct, is
that acceptable?
COMMISSIONER COLETTA: That's acceptable.
COMMISSIONER HENNING: Okay. You know, I just want to
say I know that you're a proponent of trying to provide services out
there, and this is a great addition to your community.
COMMISSIONER COLETTA: It is, it is.
CHAIRMAN HALAS: Okay. We have a motion on the floor by
Commissioner Coletta and a second by Commissioner Henning.
Is there any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries. Thank you very much.
Page 111
October 10, 2006
Item #lOD
RECOMMENDATION TO APPROVE AND EXECUTE THE
ATTACHED JOINT PARTICIPATION AGREEMENT (JPA)
WITH FLORIDA DEPARTMENT OF TRANSPORTATION IN
THE AMOUNT OF $285,375 TO PROVIDE OPERATIONAL
FUNDING FOR IMPROVED FREQUENCY OF SERVICE ON
COLLIER AREA TRANSITS EXISTING RED ROUTE AND TO
CONSIDER APPROVAL OF EARLY START-UP SERVICE-
APPROVED
MR. MUDD: Commissioner, that brings -- 10C is a two p.m.
time certain, so it brings us to 10D, which is a recommendation to
approve and execute the attached j oint participation agreement, JP A,
with the Florida Department of Transportation in the amount of
$285,375 to provide operational funding for improved frequency of
services on Collier Area Transit's existing red route and to consider
approval of early start-up service.
And Mr. Norman Feder, your administrator for transportation
services, will present.
MR. FEDER: Commissioners, what I want to show you is, first
of all, the red route that we're discussing is basically the service you
have today that goes along U.S. 41 on the west side, comes on the
south side, of course, U. S. 41 as it turns, goes up Airport Road to
Immokalee Road, and then does the loop around. Essentially a
rectangle, if you will, in that process.
It includes two hospitals, five schools, a park, as well as the
Coastland Shopping Center, so it's a major area of employment and
services for the community along with this interconnect through the
transfer station at Lively V 0- Tech.
What you're being asked today is to follow up on a request that
was made some time ago that you pursue this grant, then you included
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October 10, 2006
as well in your budget the 50 percent funding for bringing the service
from a 90-minute interval to a 45-minute interval, basically cutting it
in half, recognizing the importance of the route.
What we'd anticipated was being able to start up services October
1. Unfortunately the joint participation agreement to execute the
agreement was not provided to us until too late to bring it for October
1 services, so we have not started up the services and are bringing that
agreement to you to execute today, consistent with your prior
direction.
But I'm also asking you to consider us setting up services during
that period of time from when you authorize execution of the grant
until the state does.
And at that point in time, that difference between when they
execute it from when we have, the full cost, which is roughly, right
now, estimated at $708 a day, half of that being $354 a day additional
costs, that we're estimating up to, as far as 10 days, would be non-
reimbursable initially, but then later would be in the three-year overall
purposes of the grant.
I do have here today Liz Sushkind (phonetic) with McDonald
Transit that can answer any questions specifically about the routing. I
also have Richard Shine, who's with District lover there, public
transportation.
And I know the first question you probably have in mind, so I'll
try to field it a little bit, is, well, given DOT's track record, should we
consider that they're not going to change something on us before the
execution of this?
And I will tell that you that unlike the highway program, where
they've had quite significant increases in cost, the transit program has
been set out for three years. They set specific dollar amounts, and that
is their grant items, and they've been able to keep their program solid.
Now with that, I'll open up to any questions you have, offer the
other two to address any other things you might need.
Page 113
October 10, 2006
CHAIRMAN HALAS: So what you're looking for is about
$3,540; is that correct?
MR. FEDER: If it takes us 10 days. They're feeling it's shorter,
but I'd rather tell you a little bit longer on an upside, or downside, I
should say, yes.
COMMISSIONER COLETTA: Thirty-five thousand.
CHAIRMAN HALAS: Thirty-five -- oh, I've got -- I thought it
was 340--
MR. FEDER: Thirty-five hundred; 3,540 would be ten days,
because 354 a day that we'd be covering, which would have been their
share of the 50 percent.
CHAIRMAN HALAS: Okay. Any further discussion? Do I
have amotion?
COMMISSIONER COLETTA: Motion.
COMMISSIONER HENNING: Is this Sunday service you're
saying 350?
MR. FEDER: No, no. This is l2-hour a day service that is out
there today on the red route. The only thing we're doing is trying to
get 45-minute headways rather than 90-minute headways.
CHAIRMAN HALAS: Okay.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: All right. We have a motion on the floor
by Commissioner Coletta and a second by Commissioner Fiala.
Any other discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, I'll call the question.
Do we have any public speakers on this?
MS. FILSON: No, sir.
CHAIRMAN HALAS: Okay. All those in favor, signify by
saYIng aye.
COMMISSIONER COYLE: Aye.
Page 114
October 10, 2006
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries. Thank you very much.
MR. FEDER: Thank you.
Item #1 OF
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ACCEPT THE RECOMMENDATIONS OF
THE SPECIAL MASTER REVIEW BOARD (SMRB) TO RENEW
THE CONTRACT WITH BRENDA C. GARRETSON UNDER RFP
#04-3677 - SPECIAL MASTER SERVICES FOR COLLIER
COUNTY - APPROVED W/CHANGES
MR. MUDD: Commissioner, the next item is 10E, but it's a three
p.m. time certain. That brings us to 10F. That's a recommendation
that the Board of County Commissioners accept the recommendations
of the Special Master Review Board to renew the contract with Brenda
C. Garretson under RFP number 04-3677, Special Master Services for
Collier County.
And Ms. Michelle Arnold, your Director from Code
Enforcement, will present.
MS. ARNOLD: Good afternoon. Michelle Arnold, for the
record.
The board requested as a part of the Special Master Ordinance
that a review committee be put in place. The review committee
consists of two members of the Code Enforcement Board, two
members of the Code Enforcement Department, as well as a
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October 10, 2006
representative from the code -- from the County Attorney's Office.
The -- members that have been appointed and actually met to
discuss the action of the Special Master are Kenneth Kelly and Justin
Dewitt from your Code Enforcement Board, myself and Dave
Scribner from my staff, and Jeff Klatzkow from the County Attorney's
Office.
During the meeting on the 25th, the board discussed the special
master's performance as well as other issues that they thought would
be an improvement to the process.
The recommendations of the committee were as follows: That
the board consider televising the special master hearings. Currently
they're being held in this room but they're not televised. I think there
is a scheduling situation that we need to work out with the office of
public information to get that put in place.
They also recommended that there be a j oint workshop between
the special master and the Code Enforcement Board to ensure there's
consistency of application of the codes, and we're trying to put that in
place.
As you all know, in addition to Brenda C. Garretson, we also
have Lynn Hixon-Holley, who's an alternate to that process. And in
the event that a workshop is put in place, that we will also invite Lynn
Hixon-Holley so that she's also, you know, meeting and making sure
that we're all in agreement with whatever action is taking place.
The committee also -- or the board also recommended that the
special master adopt rules and regulations. Currently your Code
Enforcement Board does have rules and regulations, and I don't see
that there would be a problem that the special master adopt similar or
parallel rules and regulations, so we are going to look into that.
The review board also recommended that efforts be made to
secure a room in the courthouse if at all possible to hold the Code
Enforcement Board meetings as well as the special master meetings,
and the reasons that they asked that to be looked into are specified in
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October 10,2006
your executive summary.
And, finally, the board recommended the renewal of the contract
with Brenda C. Garretson as the primary provider for the special
master process.
And staff is at this time requesting that the board renew that
contract as well as the secondary contract and look into the other
recommendations that were made by the Special Master Review
Board.
CHAIRMAN HALAS: Okay. Thank you very much for your
presentation.
Commissioner Henning?
COMMISSIONER HENNING: Well, the Land Development
Code states that the planning director is the one that interprets the
board's code. Are you going to include Ms. Murray in that process?
MS. ARNOLD: We could surely include -- I don't think that the
board was looking at the interpretation of the codes, but we can surely
include her because that -- the Land Development Code, as well as
Ms. Murray, would be able to provide us guidance with regard to
timing of reviews and that type of thing, which sometimes are things
that they have to look into.
COMMISSIONER HENNING: It says here for the CIB (sic) and
the Code Enforcement Board in its application of the code. Would
you take that as what the code says?
MS. ARNOLD: Yes, but not interpreting it, yes.
COMMISSIONER HENNING: Right. So you're going to
include the planning director in this process?
MS. ARNOLD: Yes, we can do that.
COMMISSIONER HENNING: I like everything except for the
last one, which is a financially fiscal item. And we just leave -- I think
we ought to leave that one out, and leave it up to the county manager
to see if he can provide.
MR. MUDD: That's the one about the courtroom?
Page 11 7
October 10, 2006
COMMISSIONER HENNING: Correct. With that, I'll make a
motion to approve with the caveat that I just mentioned.
COMMISSIONER FIALA: Second the motion.
CHAIRMAN HALAS: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I have the same concern that
Commissioner Henning has. I thought we were having trouble finding
places for judges to sit, so certainly moving this board meeting over
there would not solve that problem.
MR. MUDD: And then you get into the whole problem with
televising it.
COMMISSIONER COYLE: Yeah. It gets really messy and--
MR. MUDD: We don't televise courtrooms.
COMMISSIONER COYLE: -- expensive and everything else.
So I couldn't support that, but otherwise I think it's a good proposal.
CHAIRMAN HALAS: Do we have any speakers?
MS. FILSON: Yes, Mr. Chairman. We have one speaker. Mr.
Kenneth Thompson.
CHAIRMAN HALAS: Okay.
MR. THOMPSON: My name is Kenneth Thompson. I live at
2631 Becca Avenue.
And, you know, I put up with the lights for 13 months, now you
moved a bunch of skinheads in across the street, and I have never
lived another life like this in my life. There's anywhere from 60 to 80
people a night in this house.
And back on the pool deck back there, there was a bedroom to
your right with French doors. They took it down, and they have made
a dormitory shower in this thing.
Now, I -- Ms. Arnold, my wife told me not to hurt you, and I'm
going to try not to. And I called you, and you don't do nothing. So I
put numbers on it, and I still ain't getting nothing done.
And, you know, something has to be done with this. And then
2977, section next to it, belongs to John Truitt. He's just as bad. He
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October 10, 2006
tore down one section and he was supposed to get permits to get this
thing fixed. Rather than that, he just went ahead and did what he
wanted to, pouring concrete through the windows. And he's really a
sly one, that one is.
But the whole neighborhood is putting -- and right next to me is
2815 Becca Avenue, and this guy's a gun slinger, John Emory. He
buys guns and gives them to kids. He's shot my pole light out. You
name it, he's done it to me.
Now, last night he kept us up till three o'clock. And across the
street, I don't know what they're doing over there. They're drilling in
the garage. And when they first started off over there, it was nine, 10,
11 and 12 young girls coming there, black and white.
And I kept calling TIPS. And I don't know why, but I don't see
them anymore. But now it's young women and young men in and out
of there all night. You should have heard them at three o'clock this
mornIng.
So called a deputy, and he come out. It's amazing -- and I met a
lot of cops in my life, but this one, they go into the jail and got one of
the jailers out, you know, who's going to -- training to be a road cop,
and he come over there with him last night and made a fool out of
hisself, and I called Captain Davis about it.
And he got in front of me and told me, now just -- you listen to
me. He kept doing me right in like this. He wouldn't shut up, you
know. So I finally -- I just walked off and left him. He kept telling
me not to walk away from him. I told him, you put your hands on me
and you going to put your hands on the last person you (sic) ever
lived.
But this place across the street, it sold to a Randy Lukey. And
you're not going to make me believe that the Steinbergs still don't own
it because they pulled so much on this county here it's ridiculous. So I
went and I got all the papers, and it does come back to a Randy
Lukey.
Page 119
October 10, 2006
So right across the street is 2938, and I went and got me a bunch
of Mexican $100 bills. I figure, well, I can't get you on one way or
another, I'm going to get you this way. So I went out and I knocked
on his door and he come out, and I was showing him these $100 bills.
And I looked through the door over here, and if you ever see Merocats
(phonetic) on TV? I was looking through that house there, I never
seen so many Mexican people in that one little damn house. They's
small people anyway.
CHAIRMAN HALAS: Thank you very much, Ken.
MR. THOMPSON: Somebody going to have to do something
with this place, and I'm going to -- ma'am, I won't stay no longer,
okay.
MS. FILSON: That's your final speaker, Mr. Chairman.
CHAIRMAN HALAS: Thank you very much.
We have a motion on the floor by Commissioner Henning and, I
believe, a second by Commissioner Fiala.
Is there any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Thank you very much.
MS. ARNOLD: Thank you.
Item #10G
Page 120
October 10, 2006
RECOMMEND APPROVAL OF THE AWARD OF RFP # 06-4007
AND CORRESPONDING AGREEMENT BETWEEN COLLIER
COUNTY AND PARADISE ADVERTISING AND MARKETING,
INC. FOR TOURISM MARKETING SERVICES - APPROVED
MR. MUDD: Commissioner, that brings us to our next item,
which is lOG, and that is a recommendation -- excuse me. It's to
recommend approval of the award ofRFP number 06-4007 and
corresponding agreement between Collier County and the Paradise
Advertising and Marketing, Inc., for Tourism Marketing Services.
And Mr. Jack Wert, your Director of Tourism, is supposed to
present.
CHAIRMAN HALAS: Well, I'll have a motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: Okay. Jack did a nice job for presenting.
We have a motion on the floor by Commissioner Halas and a second
by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries.
Item #lOH
Page 121
October 10,2006
RECOMMENDATION TO ADOPT A RESOLUTION
REPEALING ALL PREVIOUS RESOLUTIONS ESTABLISHING
AND AMENDING PARTS OF THE COLLIER COUNTY PARKS
AND RECREATION DEPARTMENT FACILITIES AND
OUTDOOR AREAS LICENSE AND FEE POLICY AND
ESTABLISHING THE POLICY EFFECTIVE OCTOBER 1,2006-
TO CONTINUE AND COME BACK W/CHANGES FOR REVIEW
- CONSENSUS
MR. MUDD: The next item is number 10H, and this item -- I
hope we can get this done by two o'clock -- 10H. This item was
continued from the September 26,2006, BCC meeting.
It's a recommendation to adopt a resolution repealing all previous
resolutions, establishing and amending parts of the Collier County
Parks and Recreational Department Facilities and Outdoor Areas
License and Fee Policy and establishing the policy effective October
1, 2006.
Mr. Barry Williams, your Director for Parks and Rec., will
present. And before he does that, Commissioners, this is your policy.
Whatever you want in this policy is what you'll get in the policy, and
then we'll execute that policy, okay?
Staff has no literary ownership to this particular item. We've
basically -- a lot of these things have been in our policy for a long
time. Some are new. And we tried to itemize those things. Each
commissioner's had some wonderful questions about why is this and
why is that in the particular thing.
I'd ask you to voice those, and if there's -- we'll try to get
consensus again, okay, and come up with a document. If we don't
quite get it there today, we'll bring this back again, and it's okay
because this is an important policy and it provides about 30 percent of
your fees for parks and rec. out of the fees in this particular policy and
structure, and the rest comes out of ad valorem and your
Page 122
October 10, 2006
unincorporated general fund dollars in order to fund the rest of their
servIces.
MR. WILLIAMS: Commissioners, for the record, Barry
Williams, Parks and Rec. Director. Just for the record as well, this is a
recommendation to adopt a resolution repealing resolution 2006-43, so
I wanted to enter that into the record.
As you can see by the executive summary from last meeting, you
had asked for several changes to the policy, and we wanted to bring
those forward.
I summarized that in the executive summary. Just to go through
those briefly for you, the concession booth fees, you had asked that we
drop those fees from $25 to $20, which that has been done.
You also considered reducing recommended single and family
annual pass rates to Sun- N - Fun Lagoon, and we dropped those fees
from -- the family pass, from $190 to $1 79.25. We've made no
provision if it's a family of eight or a family of four, they would be
eligible for that family pass.
You also asked us to look at the pass for over 48 inches, and you
asked us to look at dropping that, and we dropped it from $110 to
$103.78.
And finally, the under 48 inches, we dropped that from the $80
from the previous resolution to $75.48.
You've also asked us to look at establishing higher fines for
violating handicap parking, defacing or disfiguring county property,
soliciting removal of live natural objects, removal of cultural
resources, and loud music ordinance, and we've raised those fines
accordingly to the -- what you have.
Mr. Henning asked for transferable rain check policy, and I just
wanted to clarify. We do have a rain check policy, and we make no
provision. If we give the customer a rain check, they can use it, they
can give it to their family member to return to the park on a day when
it's not raining. So that -- there was no provision in there that kept
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people from doing that.
We also had some scrivener enumeration issues that we've
corrected and actually caught one more just a few minutes ago, so we
wanted to point that out to you.
You also asked for identifying exemptions for civic associations
to use for their general membership meetings, and this has not
changed. You can find that exemption and the specific civic
associations if you look on page 3 under federal income tax exempt
entities, user category B 1A.
It describes, the following civic associations will not be subject to
fees for their one general membership meeting per month: East
Naples Civic Association, Golden Gate Estates Civic Association,
Golden Gate Civic Association, Immokalee Civic Association, and
Second District Association, so that's not changed. That was in there
in the last resolution.
And finally, you asked for us to look at decreasing the fees that
we had associated with nonprofits, and we did that. In the North
Collier Regional Park, for our room use fees, we dropped those dollar
amounts. We also dropped the dollar amount that we charge for a fee
that I know there's been some question in fundraising fee. We charge
$20 for an organization. If they're not -- if they're nonprofit, we
charge $10, so we looked at adjusting those downward.
So I'll stop and just ask if you have further questions about this
particular item.
CHAIRMAN HALAS: Yes. I have some concerns here in
regards to defacing or de- figuring county property. We did raise the
rate on that?
MR. WILLIAMS: Yes, sir.
CHAIRMAN HALAS: Okay. I know that we spend a lot of
money on park benches and a lot of times these park benches get
sprayed over with graffiti and people sit there and start carving and
stuff of this nature. I'm sure that it costs more than $250 to replace a
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lot of these benches. I have a concern there.
The other concern that I have is littering on the beach. There's
been times when I walk the beach and find used diapers and other
paraphernalia laying on the beach, and it would be interesting to see if
the -- from the $50, if that could be maybe up to 75 or $100. That's
my concern.
And another thing that I find on the beach periodically is broken
glass where people take bottles on the beach and then start throwing
stones and stuff at them and end up breaking the bottles. I think that's
a real hazard, especially if the glass gets in the sand and small kids are
walking around. So hopefully something of this nature would deter
people from bringing glass along the beach.
The other thing that I have concerns about is removing live or
natural obj ects, and I think that some of these -- in some -- removing
of cultural resources, such as statues or plaques. Some people like to
steal plaques off of government buildings because they're brass and
they bring things of value.
I also am concerned about removal of live or natural objects, and
that would be like sea oats and things of this nature that could be
destroyed along the beach and along the CCSL lines, so that's my
concerns.
I believe Commissioner Coletta was next.
COMMISSIONER COLETTA: Yes, thank you. Yeah, they're
good concerns. One of the things we might want to think about is, it's
awful hard to put a value on some of these things. I mean, sometimes
they may do damage that's way in excess of the fine.
Shouldn't the fine say that this is the fine, but also in addition to it
there would be a cost associated with the damage that was done? I
mean, in other words, if a person -- for example, we're talking about
the -- you know, the damage to county property, defacing or de-
figuring county property, $250. I mean, it would be very possible to
do a 1,000, couple $1,000 worth of damage in the small time for
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somebody that's just bent on destruction. But could we try to also
capture the cost of the damage itself, plus the $250?
MR. WILLIAMS: Yes, sir. And you know, these fees or these
citations, a couple of questions come to mind. One, you know, the
example last meeting about a firearm. Would we encounter someone
and try to write them a ticket if they had a gun or would we call
Collier County Sheriff? We would call the sheriff.
If we had somebody that was damaging property, more than
likely law enforcement would be involved, there would be a judicial
process. You know, it's likely that they would be asked to pay for the
damage. We could -- and we would seek that out as well as fining this
amount for that offense.
COMMISSIONER COLETTA: And one other thing that gave
me a little bit of concern, glass containers. In a lot of communities
they're permitted, you know. And I'm just concerned that we have our
visitors coming from all over the world to Collier County. Is there
some mechanism in there for a warning for the first time?
MR. WILLIAMS: Absolutely, sir. That's an important part of
what our rangers do. And we don't envision setting up beach traps to
get people with glass containers. We would do a process where we
educate the public, and that's an important part of what we'd want to
do.
This would be for folks that -- and 90 percent of the people that
you tell, hey, stop doing that, they stop. It's the 10 percent that we
think these fines might apply to. So a lot of what we do is in this
initial, just educating the public about what they can and can't do.
And most always they abide.
COMMISSIONER COLETTA: And another thing I have
concern with is the after hours park usage. There's a situation that can
exist, especially in the boating parks, where people go out, and
through no fault of their own, they have to be towed back, have to get
their car out. It's beyond their circumstances. Is something allowed
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for in that particular case? I mean, it's a rare occurrence, but it would
be terrible to have, on top of the fact that they had a misfortune out on
the water, to come back and have a $50 fine.
MR. WILLIAMS: Yes, sir. Our rangers do have discretion.
Again, their thing is education. And if you had circumstances like that,
I can assure you that our rangers would not indiscriminately give a
ticket to someone without a good discussion of what's going on and
the situation.
We don't anticipate writing a lot of tickets. I mean, the biggest
ticket that we write is for parking, and probably the most -- the biggest
issue for us in terms of people parking, and safely, so --
COMMISSIONER COLETTA: And another thing -- and I'm
almost done. I appreciate the council's indulgence.
The fact of this Sun-N-Fun Lagoon, that's wonderful. A family
consists of mother, father and whatever number of children that are,
what, 18 and below?
MR. WILLIAMS: Yes, sir.
COMMISSIONER COLETTA: Okay. And somehow you
document who those kids are at the time they sign up so that
somebody's not going to bring a whole neighborhood and say they're
all my kids and they're real busy as a father or whatever?
MR. WILLIAMS: Yes, sir.
COMMISSIONER COLETTA: Okay. The other thing now,
does this also apply to like Santa Barbara and Immokalee park?
MR. WILLIAMS: Golden Gate Aquatics and Immokalee Sports
Complex.
COMMISSIONER COLETTA: Yes. In other words, same
goes?
MR. WILLIAMS : We have a different price for the those pools
for family passes, but it would be the same criteria. If you had a
family of six, seven, eight, it would be a family pass.
COMMISSIONER COLETTA: I mean, that's a rare occurrence.
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I mean, those are the kind of people that this is probably the only thing
they can really afford to do as a family.
Okay. Thank you. I'm very satisfied.
CHAIRMAN HALAS: Commissioner Henning?
COMMISSIONER HENNING: County Manager, when you
were saying this is our fee policy, what -- being the issue that arose
where the Ritz-Carlton can rent the park, and which we did approve --
we approved that, that it could rent it out, but then we didn't set the
policy when the park was going to be open. That was a staff, correct?
MR. WILLIAMS: May I address that, Commissioner?
COMMISSIONER HENNING: Yes.
MR. WILLIAMS: I know there's been some newspaper article
about the Ritz and the Sun-N-Fun, and I'll tell you a couple of things.
First of all, we have marketed Sun-N-Fun to a variety of
organizations, including the hotel association, so they're very familiar
with the amenity, and we're encouraging them to let their guests know
about Sun-N-Fun. We think it's a win-win situation for them as well
as us.
We were approached by the Ritz about a package that they
wished to put together, and it is marketed currently with the Ritz. It's
called the reconnect package, I believe. And within the description of
the package, it describes two complimentary tickets to Sun-N-Fun.
I would -- it's very important for you to know that those
complimentary tickets don't come from us. They come from the Ritz.
The Ritz has to purchase the tickets from Sun- N - Fun. And if they
purchase a group sale, they can get a discount, if there's over 20.
They haven't approached us with that. And the arrangement that
we have is that if they sell or book that package, they will buy from us
the tickets that they need to give to their guests.
Another thing that was described recently was any organization
has the ability to rent the Sun-N-Fun Lagoon, and the prices are found
in the fee policy. And so, we don't have any arrangement with the
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Ritz-Carlton to rent the facility at this point.
We have had some organizations that have approached us about
renting the facility, and we do have some bookings for that.
The other thing I would want you to -- want to mention is that if
a group were to rent the facility during a time that we're closed, we
haven't discussed that, and that would be something that we would
discuss in the rental agreement. The biggest issue for us, if we're
closed, whether we have sufficient lifeguards to provide for the park.
But we don't intend it as far as renting the facility or making it
available for exclusive use for hotels at times when we're closed. This
is when we are open -- open for business, and anyone from the public
could enter as well. So it's not just an exclusive arrangement with any
hotel in the area.
COMMISSIONER HENNING: So the article was incorrect; is
that what you're saying?
MR. WILLIAMS: Yes, sir.
COMMISSIONER HENNING: Okay.
MR. WILLIAMS: The description of the article.
MR. MUDD: Commissioner, I will also say to you the, you're
right, the hours of operation were basically vetted through the
Productivity Committee and it went through your parks and rec.
advisory board --
COMMISSIONER HENNING: Right.
MR. MUDD: -- in order to set the time. I've asked staff to take a
look at those hours of operation to do a -- do a good staff point paper
and analysis on that and come back to the board to talk about what
hours we want to run, let's say, off the summer season.
The park does have some unique heating arrangements, okay, for
the -- because they're basically using geothermal and things like that,
and I wanted to know what the costs would be. We've been running
the park during the week and on the weekends, and during the
weekdays we're getting 45 to 50 people to use the park. And how
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many lifeguards do you need?
MR. WILLIAMS: Fifteen.
MR. MUDD: Fifteen. So we've got three people for every
lifeguard. I mean, you can walk around with those folks to make sure
they're okay. And it isn't very cost effective to keep running it during
the daytime after school starts. But the weekends, we're back up to
about 1,000 people per day on Saturday and Sunday.
And I've asked staff to take a look at that to see what hours would
be good to have during the wintertime and also to determine what our
costs would be in order to heat the pool, in order to heat all of those
pools, the meandering river and things like that. For five days during
the week that you're not operating the pool, just for the weekend,
might be cost prohibitive too.
So I've asked staff to take a look at that and determine some cost
points where we've got some breakevens to see if we can expand the
hours into the winter season even though we're going to construct --
maybe we're going to construct a new slide, okay, because the board
hasn't made that decision yet, and you will in a couple of minutes
today. And to basically do the construction during the week, but on
the weekends still have it open. And we might even talk about
Christmastime.
So I've asked staff to take a look at that and to press that all the
way out through May where school is in session so we can figure that
particular issue.
COMMISSIONER HENNING: He talked more than I did,
okay? I just asked one question. And I have -- and I have other
questions, so I just want everybody to recognize --
COMMISSIONER COYLE: It's just like Commissioner Coletta,
you know. It's just --
COMMISSIONER COLETTA: I trained him.
COMMISSIONER HENNING: Anyways, the bottom -- the
bottom line is, when the doors are closed, the door are closed.
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MR. WILLIAMS: Commissioner, I had to -- I made a
correction. Ms. Ramsey pointed out the rental that I described -- and
it's found on page 9 -- that describes an ability to rent the pool, $1,500
an hour for two-hour minimum, that would be after hours. So
organizations would have the ability to rent after hours.
COMMISSIONER HENNING: Yeah. And see, I have a big
problem with it. If somebody wants to rent the facility, the pool
facility, it's good enough for them, it should be good enough for the
general public.
MR. WILLIAMS: Well, we'll have established hours, public.
And if someone came and wanted to rent after hours, then that -- we
wanted to include a provision for that.
COMMISSIONER HENNING: Okay. Right here, entry facility
rental $1,500 per hour, two-hour minimum. And I just think that is
sending a wrong message to the public, and we can debate that up
here.
The other thing is getting back to some fines and fees for some of
those beach activities. Now, you have one here, gopher tortoise
infraction; you're taking that out of Land Development Code, 3.04, I
believe?
MR. WILLIAMS: I believe you're right.
COMMISSIONER HENNING: Yeah, okay.
MR. WILLIAMS: 3.04.02.
COMMISSIONER HENNING: Right, right, exactly. So you're
in charge of that. The concern that I have is -- and public nudity,
when I proposed to my wife on Barefoot Beach, we had to encounter
that, and really, that person should have been put in jail instead of
given a $150 fine.
MR. WILLIAMS: We would -- we would call the police if we
encountered -- well, if -- as I mentioned before, I mean, if we had the
opportunity to educate the public about putting their clothes back on,
we would start there, and hopefully we would get a good response.
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COMMISSIONER HENNING: Okay, all right. And I have
faith in the park rangers, and I think there's a difference between
nudity and some really off-the-wall stuff, and I'll just leave it at that.
How much extra money would you anticipate you would
generate from this -- new changes?
MR. WILLIAMS: For the fines itself --
COMMISSIONER HENNING: No, just the whole thing, fees --
MR. WILLIAMS: Well, I can tell you that in our budget, about
30 percent of our budget is based on user fees; 7.2 million of the
coming year's budget -- this year's budget actually is based on those
user fees, so that's the dollar amount that, when you take all this into
consideration, that we hope to get.
COMMISSIONER HENNING: That's just the changes that
we're doing today?
MR. WILLIAMS: That's -- no, not -- as far as the difference
between last year and this year, I don't have that number, to be honest.
COMMISSIONER HENNING: Okay. But whatever that is,
we're going to see less reduction in general fund requests from parks
and rec. because you're updating these, increasing them?
MR. WILLIAMS: Well, I can tell you that we're reducing some
of the fees here. And how it will translate to our FY -'08 budget, I can't
say. I know that we'll begin that process in March.
COMMISSIONER HENNING: Where are you reducing fees?
MR. WILLIAMS: Well, we've reduced a few as relation to
nonprofits and concession fees. We've also --
COMMISSIONER HENNING: Those are --
MR. WILLIAMS: -- in our Sun-N-Fun, we've reduced the fees
there just based on the recommendation that we brought you last
meeting.
COMMISSIONER HENNING: Well, I would imagine. Those
are minimal. The strike-through and the underline, I would say, for
the most part, they're going up, so I would --
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MR. WILLIAMS: We do have some we're suggesting be raised,
yes.
COMMISSIONER HENNING: Right. And I would like to see a
correspondence in your budget request.
MR. WILLIAMS: Yes, sir.
COMMISSIONER HENNING: The only problem that I have is
the rent -- after-hour rental fees. And if we can clarify it as just adding
some words of, there'll be no after-hour rental fees, I think I'd be okay
with what's being presented.
MR. WILLIAMS: Ifwe did that -- and we can do that -- we
would not rent the Sun-N-Fun Lagoon during a time when it was open
for the public. So if we -- if you would not like us to open it up to
organizations after operating hours, we wouldn't -- we wouldn't have
that then. We wouldn't do it.
COMMISSIONER HENNING: Okay.
CHAIRMAN HALAS: In other words, if somebody wanted to
rent that after hours, excuse me, we wouldn't rent it out?
MR. WILLIAMS: We've had a church in town that's sought a
rental from us. I mean, there are a variety of organizations that would
use it for that purpose. I know with the Ritz, you think of exclusively
and -- but you do have a lot of organizations that have -- again,
church groups come to mind -- that might want to rent it for a church
event. We do have that one rental, so -- but we couldn't rent it out to
an exclusive group, whether it's the Ritz or church group, and then
keep it open to the public. So we -- you know, if that's making sense
for you. We'd have to choose whether we offer that rental or not.
CHAIRMAN HALAS: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would just like to touch
upon some of the same items very briefly just to make sure I
understand.
First, the right to rent the facilities like the Sun-N-Fun water park
portion, not the meeting rooms, but the water park portion --
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October 10,2006
MR. WILLIAMS: Yes, sir.
COMMISSIONER COYLE: -- you're saying that you will
permit that but only if it's done after normal operating hours.
MR. WILLIAMS: Yes, sir.
COMMISSIONER COYLE: So they're not going to be
competing with residents when they reserve this facility because it
would normally have been closed and residents wouldn't have been
there anyway?
MR. WILLIAMS: Yes, sir.
COMMISSIONER COYLE: Okay. I can buy that plan.
I am concerned about the -- what I hear about group ticket
purchases and their use. The one thing I think we have to be sensitive
to here is that residents have priority, and I don't want to see the
residents and the families squeezed out of this facility because some
hotel has distributed 50 or 100 or 200 tickets to a visiting group. And
that bothers me a little bit, and I don't know exactly how to handle it.
I understand that some of the hoteliers will consider this as an
amenity that might attract tourism, but my top priority is to serve the
residents of Collier County. And I would like to be able to have some
assurance that we're not going to have a problem like that, and I guess
there are ways to deal with it. You only permit the purchasing of a
specified number of these things during any particular period by all
hotels. You just limit it.
When you run out of that number, you don't have any more, and
it should be a number that's low enough so it's not going to impact --
impact the residents' ability to get in there and enjoy the facility.
And the other thing has to do with the days of operation during
the wintertime. I know exactly what you're talking about. It's more
expensive to keep it open in the wintertime if you don't have a lot of
people during the week.
It seems to me that it might be worthwhile, at least for the year,
to have a more liberal policy, to just evaluate how things are going,
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get some experience. How many people really are going to be coming
here?
If they think it's going to be closed from November to February,
nobody will even be looking to go out there. But if we let people
know that, look, it's going to be open every weekend during that
period of time, we'll get a good idea of how many people are willing
to come and is it enough to continue operating it. It might cost us a
little money the first year, but I think that experience will tell us
something about our future operating policy. Does that seem
reasonable?
MR. WILLIAMS: Absolutely, yes. In total agreement with you.
I think we don't know what the winter months are going to provide,
and the question of whether folks will use it or not, and I'd like to
know that answer, and that will help us, if we go down that path, we'll
go right into FY -'08 budget with that information. I think that will be
very helpful for our planning next year.
COMMISSIONER COYLE: Yeah, okay. And that covers all of
my questions, Mr. Chairman.
CHAIRMAN HALAS: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I have a bunch, too. Mostly
mine are on rates. I was trying to figure it out, and if you've changed
them since we got this -- I know that we got another one last night --
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: -- but I'm afraid it was after I left,
and so they just installed it in my book here, so I haven't studied it, so
please correct me if I'm -- if I'm wrong here.
You're talking about -- now, category one is charitable
not- for-profit, right? And category two is just not- for-profit, I believe.
I've got that here someplace. It's not important right this minute for
this conversation.
On page 9, there's a little four at the bottom, so it might be
different on your pages than I have. It talked about Sugden Regional
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Park for a countywide event, and this is under a charitable
not-for-profit, $800 a day, and Immokalee is $500 a day. What is
Golden Gate Community Center?
MS. DONNER: For the record, Mary Ellen Donner, assistant
director, Collier County Parks and Recreation Department. We had
specifically addressed Sugden Regional Park and North Collier
Regional Park because those were the two areas that we had expressed
interest, and that's an entire park rental.
COMMISSIONER FIALA: Well, yeah, but at Golden Gate
Community Center, they hold fairs. I mean, you know, it might not be
charitable and not-for-profit, but I was just wondering, as a
comparison, I don't know how much Veterans Park is or Golden Gate
Community Center. I'd just like to know, in comparison. I don't know
what this $800 used to be.
MS. DONNER: The -- normally, the events that you're referring
to at Golden Gate Community Center are co-sponsored events with
the parks and recreation department, and these were individual
organizations who were looking to rent specific parks outside of a
co-sponsored event with the department. And if you would like to
have specific park-wide fees for each park, we could certainly do that.
COMMISSIONER FIALA: Well, I just wanted to make some
kind of comparison. You only have the two here. How much did you
rent Sugden out for before to a not-for-profit charity group?
MS. DONNER: We did not change the Sugden rental fee. We
merely clarified it.
COMMISSIONER FIALA: I see.
MS. DONNER: The clarification was, Sugden originally said,
Sugden Regional Park, and then we refined that to say for a park event
so that, perhaps, there could still be some people on the playground if
they were renting the park in another area. Because the original -- the
original one had the entire park.
MR. WILLIAMS : Commissioner, I think I'm getting your point.
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We seem to be singling out certain parks and we're not identifying a
fee for our community parks or our neighborhood park or even our
regional park.
We can -- we can come back. I don't know that we're describing
a good reason why we are focused on Sugden Park for the fee.
A lot of the events though for the other parks, as Mary Ellen
mentioned, we do co-sponsor. And when we do that, we don't charge
that fee. Historically, we've found Sugden Park -- there's a muscle car
group that I'm aware of that has used it over the years. And so there
are certain groups that have used Sugden Park that hadn't necessarily
been co-sponsored with us. So we found a need to find a fee for that
particular park, whereas, the other parks we have not, so --
COMMISSIONER FIALA: Does St. Elizabeth Seton co-sponsor
with you for their fair?
COMMISSIONER HENNING: No.
MR. WILLIAMS: They're not on our property.
MR. MUDD: They're on the church property, ma'am, the school
property, their school property.
COMMISSIONER FIALA: Okay.
MR. WILLIAMS: You're thinking they're at Golden Gate
Community Center, but they're right next door at the church.
COMMISSIONER FIALA: Oh, okay. Okay. I just wondered
because it seems that -- well, I'll go on.
You talk in the next category, two user facility-type gymnasiums,
and then you have gymnasium again, but that's at the North Collier
Regional Park. So what's the difference between the one gymnasium
and the other or all they -- al gymnasiums are $60?
MR. WILLIAMS: No, ma'am. We did adjust that. North
Collier Regional Park has two basket -- two full basketball courts.
Our other gymnasiums in our park system only have one. So what we
wanted to point out was the fee would be for the court. With North
Collier Regional we didn't have this issue, but now with a gym that
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has two courts, we needed to clarify that it's the $60 per court. And if
you rented the whole gym at North Collier Regional and you're a
category two user, you would be charged 120 hours (sic) for the whole
gym. And we actually -- we have had some rentals where we've had
some groups rent the entire gym.
COMMISSIONER FIALA: Now, also when they rent a park for
a countywide event and it's a charitable organization and it's
not- for-profit and you charge them $800 for Sugden Park -- and then
you also charge them for an additional hourly rate above because it's a
fundraising event. So in other words, even though they're raising
funds for some charitable organization, whatever it is -- I mean, I think
of Kiwanis, for instance --
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: -- or I think of Rotary. The money
that they get in -- you know, they don't keep anything for themselves.
They get what they can, donated. They scrimp every way they can so
that the money they get, they can buy uniforms for somebody in
school that can't afford uniforms, or they buy shoes, which they're
doing right now, for children that can't afford shoes, and yet we're
penalizing them for having a fundraising event by charging them an
extra $10 an hour.
MR. WILLIAMS: Yes. I would say a couple things. First of all,
I'm not pleased with the term fundraising, and often when you think of
fundraising, you think of charitable giving. And I think that's one of
the issues that we have here. We have a variety of groups that use our
park system. We have some folks that will use it -- and sometimes it's
concession, that the proceeds go to a good cause, if you will, and some
that the proceeds will go to a person's private business, so --
COMMISSIONER FIALA: Yeah, but then they wouldn't be
categorized under charitable not- for-profit, right?
MR. WILLIAMS: Yes, ma'am. But for the nonprofit groups, the
fees that we're charging, these additional fees, are meant to cover --
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we have a rental cost for the facility, and then the additional monies
are used to cover the fee, such as electrical, utilities, that kind --
COMMISSIONER FIALA: But how come they aren't included
in there? I mean, you don't charge those same fees if they're not
fundraisers? I mean, you're charging them, it says, fundraising rates
are $10 additional to hourly rate above.
MR. WILLIAMS: For both those, either nonprofit or a business,
we would charge. The nonprofit we would charge a $10 amount. The
other category we'd charge a $20 for the, quote, fundraising fee. And,
again, it's meant to cover the lights, the water, you know, those kind of
utilities that -- we wouldn't incur those expenses unless that group was
using the park.
The rental fee itself is simply meant to -- if you have a group that
wants to use the park for a public use, we've extended those fees to
help them -- these user fees for them to pay for that use. In no way are
we attempting to or wish to take away from their fundraising that
they're giving. We're just wanting them to cover some of the costs
that --
COMMISSIONER FIALA: It doesn't say that at all. It said
fundraising rates are $10 more if you're raising funds.
Then we have next under category two, you give again, Sugden
Regional Park or countywide, and it's $1,200 a day if they're just -- if
they're just a not- for-profit rather than charitable. Do you charge for
the Vineyards and for Golden Gate Community Center as well?
MR. WILLIAMS: Ma'am, I would like to come back with you
with a recommendation for countywide. I think that's part of the issue
we have, even though historically we have not rented those parks for
that purpose. I think we can come back with that rate that shows it's
for the parks themselves, not just one single park.
COMMISSIONER FIALA: Yeah, I would love that, because I
think some of these places really -- you know, we need the children to
do stuff, especially in areas where they don't have enough stuff to do.
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And I just don't want to see them penalized.
Anyway -- and then, of course, they say light fees were not
specified or an additional $10 an hour on top of the rental fees, right?
MS. RAMSEY: Commissioner, if I could help a little bit with
this. Whenever we have a group -- and I'll use United Way as an
example, because they just did a big -- a large walk at the North
Collier a couple of weekends ago, had over 750 people that came in.
When there is an organization like the United Way, the Kiwanis, or
whomever it might be who has a fundraising element that's going to
the community, we usually co-sponsor that event, so there is no charge
to the nonprofit for that activity.
COMMISSIONER FIALA: Oh, I see. It doesn't say that
anyplace, but thank you for letting me know. Okay. That's an
important thing.
Then I have a couple other things. I'm sorry I have so many, but
I did have. On the next page, page 6, or it's 11 of 19, under athletics,
and you talk about programs now -- and this is like for the different
leagues and so forth, you show adults pay $30, and then you show
youth pay $30 except for Immokalee youth. They only pay 5. Why
isn't Golden Gate and East Naples -- they're just as poor as
Immokalee, why don't they get a $5 rate also?
MS. RAMSEY: It has been historical in our fee policy that
Immokalee does have a lower rate based upon their economic
situation in Immokalee, but everybody else in Naples has got a
consistent rate.
We have different rates on different leagues based upon what a
league might get or not. An example would be softball -- men's
softball versus men's soccer. Men's softball has a higher fee because it
includes all the referees. There's really one, behind the plate, and we
cover that in that fee.
With the soccer teams with the men's leagues, it's less, about
$200 less, because we don't pay the referee fees. Each individual that
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comes, chips in 2, $3 every game. Comes up to be about $70 per team
per game for the officials, that's added on top of that $600 some. It
comes out to be about $1,630 per season for a--
COMMISSIONER FIALA: I just think the youth in East Naples
really need a better rate than that. We want to get them off the street
and out of the criminal element and into the parks, and why are we
charging them $30 rather than $5? I just think, you know, we're trying
to encourage safe sports, children to play in sports rather than to be
robbing houses, and we want to start that right away.
I don't think encouraging them by a $30 fee is a good idea
because how many -- most of the groups then have to have fundraisers
-- go back to the fundraiser event -- in order to raise enough money to
sponsor the children because they can't afford it themselves, and also
they have to have fundraisers to pay for the uniforms that they can't --
I mean, it's -- it seems like there's a problem here, and we're trying to
solve that problem in East Naples. We're trying to get the kids more
active in sports and in healthy things, and this doesn't encourage that
at all.
MS. RAMSEY: If I will, just one more time on that.
Commissioner, those $30 fees for the youth programs are our
programs, the programs that we run, that Collier County runs. We use
that to pay for the T-shirts and the trophies and to, you know, get
officials to come out onto the field. We also go after sponsor teams, as
each team has a name on the back of it so that -- to help under cost --
undercut that cost for that individual.
Thirty dollars is very inexpensive here in Collier County. A lot
of the teams are upward of 75 or 80, if you're talking about the outside
agencies to make their cost associations. So we think it's a fair price.
But, you know, this is your fee policy, Commissioners, and if you
want us to put a different price on all of the youth of Collier County,
then we're receptive to that.
COMMISSIONER FIALA: Well, I mean, here you identify just
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one, and I would just think that, you know, at least in the areas -- like
Golden Gate City, they're another place. You know, these kids aren't
wealthy kids. They're low-income kids, just like the kids over along
that whole U.S. 41 corridor. And we want to encourage them to have
a healthier lifestyle.
MS. RAMSEY: We also use the Children and Families sliding
scale on our program, so if it meets the criteria for that, they can get
up to 50 percent off on any program that Collier County Parks and
Recreation runs, so we have that availability for them as well, based
upon their income.
COMMISSIONER FIALA: I still think that that's wrong, but
anyway I'll go on to the next one. Are you going to be --
MR. MUDD: Let's try to get some of them. I mean, if we're
looking to do the youth and reduce the cost just because we want the
kids to be involved in sports and that kind of thing, we can do that, but
what I'm doing is I'm taking notes. As each commissioner has a
particular item, I'm trying to tab it, and when we're done with this
discussion, then we'll go back over it and we'll ask the question, what's
the board's desire on that particular item, go to the next one and try to
get that, and this way come to some meeting of the minds.
COMMISSIONER FIALA: I just have some more.
Will soccer practice be allowed -- soccer practice be allowed at
the new regional park?
MR. WILLIAMS : North Collier Regional Park is being
programmed for game and tournament play, so we're not --
COMMISSIONER FIALA: Only, no practice there?
MR. WILLIAMS: No practice.
COMMISSIONER FIALA: I thought I'd bring that out.
Okay. I've got a few other things here, but I'm going to try and
just get rid of them real quick because I know everybody else is going
to get antsy.
So -- well, again, the gymnasiums, if it's a fundraiser, they add
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$20 to the fee in category one, again. It's $30 per hour any size -- this
is 17 of 19 -- except it you're fundraising, then it's $20 additional.
And I would like to see that whole thing addressed.
And then, at Wheels, amphitheater and others. Fees charged in
accordance with the Sugden Regional Park. Well, one of the biggest
problems we've had over at Sugden was the -- first of all, the facility
itself was in such bad shape, and so the community got together and
got the materials and painted it and fixed it up and so forth, and parks
then stepped in and helped a little bit, but they were charging so much.
MR. WILLIAMS: At East Naples? You mean Sugden or East
Naples?
COMMISSIONER FIALA: East Naples Community Park,
Wheels. I mean, it isn't called Wheels.
MR. WILLIAMS: Yes, ma'am. I understand what you're saying.
COMMISSIONER FIALA: And so I just think -- I think the fees
should be according to the communities that they're in.
MR. WILLIAMS: Yes, ma'am.
CHAIRMAN HALAS: Go ahead.
CHAIRMAN HALAS: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah, this goes back to something
Commissioner Henning brought up first, and it's a serious question. Is
there a legal distinction between nudity and indecent exposure?
MR. WEIGEL: I'll step up and say yes.
COMMISSIONER COYLE: There is a legal distinction?
MR. WEIGEL: Yeah. Nudity you've got more clothes off.
COMMISSIONER COYLE: Okay. And my point here is that
maybe we change the term or we say, nudity or indecent exposure. I
believe that's -- I believe that is probably defined in the sheriffs list of
fines. But in any event, that might provide us greater ability to police
that sort of thing.
And I would like to go on record as saying I do not support
Commissioner Coletta's proposal to eliminate the fines for female
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nudity.
COMMISSIONER COLETTA: You just want to eliminate it for
male nudity?
CHAIRMAN HALAS: Commissioner Henning?
COMMISSIONER HENNING: On the issue that Commissioner
Fiala was discussing, why can't you just raise the adult charges for a
league and credit the children?
MR. WILLIAMS: So we're charging $30 for adults, just raise
that and --
COMMISSIONER HENNING: I mean, if you think about it,
you're providing less uniforms to kids than you are adults, normally.
MR. WILLIAMS: I would have to go back to what Ms. Ramsey
said. The monies that we're charging are not -- you know, we're not --
it's not a for-profit venture. The monies go back in the program, so
they go --
COMMISSIONER HENNING: To cover the cost of uniforms
and materials.
MR. WILLIAMS: Trophies and, you know, recognizing
children's achievements, that kind of thing. So if that's your direction,
certainly we can revise a fee structure that way.
COMMISSIONER HENNING: I think we need to do something
for the kids. I mean, Commissioner Fiala made a very good point,
compelling argument, that we want to encourage the kids to utilize our
parks, and in turn, you know, stay off the streets.
MR. WILLIAMS: Absolutely.
COMMISSIONER HENNING: So I don't know -- however you
can do that. If it is a problem -- and whether it be sponsorship or
lowering the fees or something like that, tell us.
MR. WILLIAMS: We can work with those numbers a bit to
make it less of a burden on the children, and, perhaps, the adults can
shoulder more of the cost. We could do a 40/20, a 50/10 or some
version of that. And if that -- that made some sense.
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COMMISSIONER HENNING: Okay.
MR. WILLIAMS: If you'd like to direct us that way.
COMMISSIONER FIALA: Barry, let me tell you why--
CHAIRMAN HALAS: Commissioner Fiala.
COMMISSIONER FIALA: -- why I was so intent on this. One
of the problems we've found in the sheriffs annual report was that
there was two and a half times the crime in East Naples than even in
Immokalee, and that's a startling blow. We know we've got -- and I
won't mention all of the problems. But, you know, what I'd love to do
is attract the kids to wholesome things instead of some of those things.
MR. WILLIAMS: Absolutely.
COMMISSIONER FIALA: My point is, let's make it attractive
to them. Let's not penalize them, okay?
MR. WILLIAMS: Yes, ma'am. We can adjust the fees and get
more to a lesser amount for the children, if I understand your
direction.
CHAIRMAN HALAS: Yeah. Are we going to be able to offset
the cost for the children to put this on the adults so that it doesn't cause
a problem with your budget?
MR. WILLIAMS: Well, you know, when you solve one problem
you create several others, so that's a good question. It is a concern.
And we need to look at that and see what we had anticipated with this
change, what it might do. I can't tell you that today, but certainly we'll
take this back and look at it and see what it does to those projections.
CHAIRMAN HALAS: Because obviously we're going to have
to increase the adult leagues, or the adults a lot more.
COMMISSIONER FIALA: We could have a fundraiser at one
of the parks to raise money to help offset that. Really. I'm not even
being a smart aleck.
CHAIRMAN HALAS: Well, we'll have you lead the charge. I
won't be involved in the fundraiser. But I'm just concerned about the
direction we're going in.
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And basically, I think what you're talking about, these are
organized baseball leagues and organized soccer leagues that presently
use the parks now. I'm not sure how this falls in line with children that
don't have any interest whatsoever in getting involved in organized
athletics, so that's a concern I have.
I'm not sure how you're going to get those people involved in
organized athletics because they may not be interested in that, okay?
MR. WILLIAMS: That's very true.
CHAIRMAN HALAS: So, Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I'm concerned about that
also. Is there any indication that you don't have enough children
involved in this, that there is -- that there's a -- that there're just not a
lot of kids getting involved in this program?
MR. WILLIAMS: No, our programs are very popular and well
attended. Our biggest -- our biggest thing is having enough fields for
them to play on typically, but --
COMMISSIONER COYLE: And an adult is someone who's 18
or over --
MR. WILLIAMS: Yes.
COMMISSIONER COYLE: -- right? From the standpoint of
crime statistics, I'd be willing to bet you that the vast majority of the
crime is committed by adults, 18 and over, not by children
substantially younger than that.
And I don't -- I don't know, but it seems to me that the price is so
low per child for what they get out of the program that if a family can't
afford to pay that, maybe there's a way the community can get -- help
the family, and that's probably a lot better way to do it than to just
arbitrarily reduce the cost, because then you're reducing the cost for
the people who can afford to pay it.
And the chances are -- that you will actually be able to attract
enough additional children who otherwise wouldn't come because the
cost is probably very, very small.
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So I think this is a compassionate idea that doesn't have much
practical application, and so I don't know what you're going to do with
that.
My feeling is, it's just like the school lunch programs. You feed
the kids who can't afford it, and those who can afford it ought to get
fed by their parents. We shouldn't provide free meals for the people
who can afford them, but that's what we do. And that, to me, is not
the right way to encourage people to assume responsibility for what
they're supposed to be doing.
MR. WILLIAMS: I just -- Commissioner Halas, I just wanted to
mention that it was brought to my attention too that we do have a
program, and we're able to help with children who have difficulty in
paying for these fees that we co-sponsor, and we have groups that will
step up and pay a percent of the fee if they are unable to do that, and
we do have a number of children who exercise that option because of
Income.
So I do think we have a provision that allows for that, just to
mention.
CHAIRMAN HALAS: Can we wrap this up?
COMMISSIONER COLETTA: I just got the answer I needed.
CHAIRMAN HALAS: I believe we have one public speakers.
MS. FILSON: Yes, sir, Mr. Chairman.
CHAIRMAN HALAS: Would you call that speaker?
MS. FILSON: Bart Zino.
MR. ZINO: Good afternoon, Commissioners. Bart Zino. I'm a
North Naples resident. I'm also on the board of directors for North
Naples Little League. And Little League is an organization that pays
for and uses Collier County facilities, but we're a private organization,
a nonprofit, private organization. And our kids that we deal with are
between six and 12 years old. At 12 years old they move on.
And this year there are new fee structure -- or an old fee structure
that will be in force that will increase the cost of operation for North
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Naples Little League and other Little Leagues on an hourly basis for
the fields, and it's part of this field use -- these field use issues that
you've been talking about.
We feel strongly that youth sports are very, very important in the
community and that is does prevent long-term issues and crimes,
drugs and other bad things. We're dedicated to these kids and we do
the best we can.
North Naples Little League is in the unique position that they
don't have a single field in their district that is county -- wholly-owned
-- Collier County parks and rec. owned field. We have to share
baseball fields with interlocal agreements with school districts in
every field we use.
Because of this, our fundraising abilities are severely limited.
We have one concession stand that operates for one field. We're not
allowed to place any advertising banners on any fields at all
whatsoever. The only fundraising we can do short of a straight
donation from somebody who wants to give us some money -- and we
are a nonprofit organization -- is to put the name of their company on
the back of kids' T-shirts. That's the only thing we have, compared to
the City of Naples, compared to other areas.
As the cost of Little League continues to rise between all the
things, this additional $25 an hour fee to use the fields on top of the
long-standing agreement of $1 per kid per week is going to start to
raise the cost of Little League to the point where a single mom in
North Naples -- and not all North Naples areas are full of -- every
other community was discussed, but don't forget Naples Park and
Willoughby Acres -- will raise the fees to the point where a single
mom with two kids is going to have to start making a choice, do they
send both kids or do they send one kid?
We're still working on those budget numbers for this year
because this information about the field use fees have just come up --
actually they came up towards the -- they tried to instill them in the
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middle of the season last year, and they were very good about trying
to work with us.
We feel that this is important to us -- we think that there is a
distinction between youth leagues and adult leagues. When you look
at the soccer community -- and I think there are 58 active adult soccer
leagues in Collier County -- we're not talking about adult leagues.
We're talking about one Little League that handles 900 kids in North
Naples. And anything that can be done to help us to defray those costs
in light of the fact that our fundraising abilities are severely limited
and hampered, would really be appreciated.
CHAIRMAN HALAS: Okay.
MR. ZINO: Thank you.
CHAIRMAN HALAS: I have a question for you. You said that
you don't -- you have interlocal agreements with fields that -- the
county doesn't have any baseball fields for you?
MR. ZINO: We don't have a field in Veterans Park, we don't
have a baseball field in the North Regional Park. There are no Little
League baseball fields in the regional park.
MR. WILLIAMS: Commissioner, if I could just chime in. With
North Naples Little League, there are four fields that are available for
their play, one at Starcher Petty (phonetic) Field. There are two fields
that are at Osceola Elementary, and that -- those are made available
through an interlocal agreement we have with the Collier County
School Board for --
MR. ZINO: Those are three fields.
MR. WILLIAMS: And then we have one field that is Veterans,
that is for Little League play.
MR. ZINO: Not for 12 years old. It ends -- that's a two years--
that's a big field. It's a high school size field, and it's for 13- and
l4-year-olds. And admittedly, it's a small thing, but it is the only large
field that I'm -- and we share it with every other league with 13- and
14-year-olds because it is, it's a very limited resource.
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And it's for kids who haven't made a high school team and have
outgrown little league. They've got a -- they should be playing
something. They should be doing something on a team basis.
So yes, every other field -- every field we have is an interlocal,
and the pressure to work with an interlocal situation -- considering that
I have the only key to the rest room at Osceola and if I want parents,
grandparents, and little kids to use the rest room on a Saturday, I've
got to go unlock that rest room for them Saturday morning and then go
back when the day is over and relock it again. You know, a little more
flexibility.
We'll work with what we have. Land is tough, but help us out
with the fee so that we don't have to keep raising the costs to make it
harder for parents.
CHAIRMAN HALAS: And who are the interlocal agreements
with, the school?
MR. WILLIAMS: Yes, sir.
CHAIRMAN HALAS: And who grooms the fields?
MR. WILLIAMS: Collier County Park and Rec. Department.
CHAIRMAN HALAS: Okay. So we take care of the fields for
the school board and take care of liming and everything else; is that
correct?
MR. WILLIAMS: That's correct.
CHAIRMAN HALAS: Putting bags down and everything else?
MR. WILLIAMS: Yes, sir.
MR. ZINO: And we share as much of the labor burden on
maintaining the facility at Starcher Petty as we can as a group.
CHAIRMAN HALAS: Okay. And what about the rest room
facilities? What kind of an agreement do we have with them?
MR. WILLIAMS: Well, as Mr. Zino mentions, at Osceola the
school board does make available rest rooms for play, but Mr. Zino,
and just in terms of controlling the access for the rest rooms, it's
limited. For Osceola, the maintenance and control of the rest rooms
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are, my understanding, Collier County Public School System.
CHAIRMAN HALAS: Okay.
MR. WILLIAMS: Of course, with Veterans we maintain the
bathrooms and Starcher Petty as well.
MR. ZINO: We're not in Veterans.
MR. WILLIAMS: Granted.
CHAIRMAN HALAS: Okay. Thank you very much.
MR. ZINO: Thank you.
CHAIRMAN HALAS: Okay. Any further discussion?
Hopefully we can get a motion here, whatever, guidance.
COMMISSIONER HENNING: I think we're going to continue
it, aren't we, further refine it?
CHAIRMAN HALAS: Okay. Is that what we're going to do;
you got enough information?
MR. MUDD: Just -- let's make sure I've got them down so that
we're good to go.
CHAIRMAN HALAS: Okay.
MR. MUDD: Commissioner Fiala on page 4 and 5 basically
said, let's include all the parks to know what the fees are at every park,
and staff will work on that particular -- those two particular items.
Staff to take a look on page 6 down there at athletics about adult
and youth fees to see if there is a way to take a look at the adult
participation, and maybe they can subsidize some of the youth fees
and take a look at that and come back and talk to the board about what
staff found on that particular item.
Based on the last speaker, if that's what the board desires as far as
Little League play, take a look at those particular fees and find out if
there's a way to either stabilize those or reduce those.
We come over to Commissioner Henning and Commissioner
Coyle's item on page 9. It has to do with the Sun-N-Fun Lagoon and
the entire facility rental issue. And Commissioner Henning said one
thing, he couldn't support it, and Commissioner Coyle said, I can
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support it as long as it doesn't interfere with the normal hours of
operation of the facility, but it would be after the hours of operation
that the normal facility would be over, and then the organization that
wanted to rent the park would have to pay the overtime for the
lifeguards and things like that, and all fees. That's what I heard, but I
want to make sure that we're square on that one.
COMMISSIONER HENNING: I mean, they do -- that's what's
being proposed now --
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: -- is when the park is closed, the
Ritz can come in and rent it. And I'm just saying if it's good enough
for the Ritz, why isn't it good enough for our residents as far as being
open?
CHAIRMAN HALAS: They can if they want to rent it.
COMMISSIONER HENNING: Well, no. I'm just saying, if
you're closing it because of, whatever reason, but people want to use
it, it seems to me like our general public would want to use it too for
those same hours.
CHAIRMAN HALAS: But they're renting -- they're going to
rent this at a very high rate.
COMMISSIONER HENNING: No kidding.
MR. WILLIAMS: They might rent it from seven o'clock at night
to nine o'clock, for example, and they have a pool party for the church
group. You know, that's -- again, that's the scenario that we are most
acquainted with at this point.
COMMISSIONER HENNING: Okay. But you're closing in the
wintertime, and they could go during the day and utilize it at that time.
MR. WILLIAMS: Well, we'd have to enter an agreement to do
that. And the question would come, if we're closed for whatever
purpose, would we rent it -- would we make a rental available?
COMMISSIONER HENNING: It's not a -- it's a seasonal pool,
or it's a seasonal facility.
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MR. WILLIAMS: Perhaps. We're looking at the possibility of
weekends throughout, you know, the season. Initially it's proposed as
closing November 1st.
MR. MUDD: Commissioner, let's make sure we understand
about that pool, okay. In the summertime, I mean, we brought
lifeguards in from Third World nations, okay, that passed the
American Red Cross Life Saving Test, okay, in order to be lifeguards
in this pool this summer because we didn't have enough lifeguards
within the confines of Southwest Florida.
It's very difficult during the weekdays -- I mean, we've even
asked mothers with kids in school if they'd like to come be lifeguards.
I mean, we've tried that particular thing in order to entice that we can
have a full crew of lifeguards during the day. Very difficult during the
week when school's in because the kids that are 16, 17, 18 years old
are also in school.
Weekends are a different story . We're able to get those
lifeguards, those kids who will work part time and open the park. So
it's become a lifeguard issue once the school starts for us.
I've asked staff, again, to take a look and see -- and based on
what we've drawn so far in the month of September when school
started, what our attendance records were during the daytime, it
doesn't seem to be a cost-effective manner for 45 to 50 people on a
Monday, Tuesday, Wednesday, Thursday or Friday to use that
particular facility all day long. That's all it is -- versus a Saturday and
Sunday where you're getting anywhere from 900 to 1,000 people that
are coming on in each day.
And so we wouldn't have lifeguards scheduled during the week.
They wouldn't be there. There's none to be had.
COMMISSIONER HENNING: Okay. All right.
MR. MUDD: I mean, we've had a shortage one time, and I
remember Barry had put on a swimming suit and go do his thing. And
I said, that's not a good -- that's not a good use of my director, okay, to
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be a lifeguard. We've got to find a better way to do this thing. And
that was a short --
MS. RAMSEY: One day.
MR. MUDD: That was a one-day gap kind of thing. I took great
deference to it, but I understand when you have an emergency, you've
to deal with it. But we've got to find a better way with the lifeguards
and everything.
COMMISSIONER HENNING: You've still got to provide
lifeguards if somebody's renting it, don't you?
MR. MUDD: Yes, sir, and that -- and that would be on a day that
it was -- it would be open but it would close at a certain hour you
know, at the regular time during the wintertime would be five o'clock,
for instance. In the summertime we close at what?
MS. RAMSEY: Seven.
MR. MUDD: Seven o'clock. It would -- the facility would be
closed, somebody would come forward two or three weeks prior to
that date. Mr. Williams or his staff would talk to the lifeguards on duty
that day, find out if they'd be willing to do overtime into those two
hours or three hours that they would rent the facility. And if they said,
yes, they would, then they could open and rent the facility for that --
for that off -- or closed time in order to do it.
CHAIRMAN HALAS: And the fees that would be charged for
those groups pay for the operation and the -- all the back --
MR. MUDD: Yes, sir.
MS. RAMSEY: That's correct.
COMMISSIONER HENNING: Well, if it's not being utilize by
the general public, I can understand that better.
MR. MUDD: What we didn't want to do was ever rent the
facilities when it should be open to the general public. That would be
-- that would be flat not right.
CHAIRMAN HALAS: Yes, that's right.
COMMISSIONER HENNING: Okay.
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CHAIRMAN HALAS: Okay.
MR. MUDD: Sir, so we're going to come back with that
particular item and we'll discuss it some more?
COMMISSIONER HENNING: Commissioner Coletta wants
female nudity or something like that.
MR. MUDD: Sir, then we go into -- then we go into the fines.
Commissioner Halas mentioned that he'd like to have littering, the fine
be increased.
Gopher tortoise infractions, Commissioner Henning talked about
that particular item and exactly where it was, at least the authority
granted from, and that was 3. --
MR. WILLIAMS: 04.04.
MR. MUDD: 04.04., in our Land Development Code, and that's
up to, depending on the infraction. Gopher tortoise is in Lely Barefoot
Park. We have gopher tortoises interacting with cars and folks all the
time walking around. And there's signs that say, when you -- you
know, when you're backing up, make sure the gopher tortoise isn't
taking shade underneath your vehicle and that kind of thing.
COMMISSIONER HENNING: Yeah, but that ordinance -- or
that provision in the Land Development Code is countywide.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: It's not just in our parks.
MR. MUDD: Yes, sir. Commissioner -- Commissioner Henning
and some other people -- Commissioner Coy Ie talked about nudity
and! or indecent exposure in some cases to increase the fine and to add
that other category, indecent exposure.
Commissioners Halas talked about defacing and defiguring
county property, talked about increasing the fine and! or issuing a fine
and getting the perpetrator to pay for the damage that was done.
And then the other issue Commissioner Halas brought up was
removal of live and natural objects from the beach, and he was talking
about an increased fine on that part. Barry, did I miss anything?
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October 10, 2006
MR. WILLIAMS: No.
MR. MUDD: Commissioners, did I miss anything?
COMMISSIONER FIALA: I wanted to add one more. How
much do we charge these little senior card groups when they want to
play cards at one of the parks or something?
MR. WILLIAMS: Ten dollars an hour.
I would want to mention, we have a program East Naples
Community Center, a senior program. There is a nonprofit that
provides nutritious meals to seniors, and so there are a variety of other
activities to engage in. The nonprofit pays the fee for those folks to be
there.
But for the bridge players, we're looking -- we're saying -- it's a
program of ours. It's whatever the program -- the appropriate program
fee is. If it's their own group doing their thing, it would be the rates,
depending on the size of the room. But we would look at them as a
nonprofit, is my point. They wouldn't -- they would be in that
category .
COMMISSIONER FIALA: Okay.
CHAIRMAN HALAS: No further discussion, we'll take a
10-minute break for our court reporter, and we'll be back. And I'm
sorry that we overran this particular item, because we had a time
certain at two o'clock. But we'll be right back for a time certain two
o'clock.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN HALAS: Thank you very much, County Manager
Jim Mudd.
I believe at this time we have a time certain --
MR. MUDD: Yes, sir.
CHAIRMAN HALAS: -- and it's 10C, so let's take over from
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October 10, 2006
there.
Item #lOC
RECOMMENDATION TO APPROVE AND EXECUTE AN
AGREEMENT FOR SALE AND PURCHASE WITH MORANDE
ENTERPRISES, INC. FOR THE PURCHASE OF 10.04
IMPROVED ACRES ON RADIO ROAD AND DAVIS
BOULEVARD FOR COLLIER AREA TRANSIT AND PARA
TRANSIT OPERATIONS WITH FLEET MAINTENANCE AT A
COST NOT TO EXCEED $8.570.000.- APPROVED W/CHANGES
MR. MUDD: 10C, it's a recommendation to approve and
execute an agreement for sale and purchase with Morande Enterprises,
Inc., for the purchase of 10.04 improved acres on Radio Road and
Davis Boulevard for Collier Area Transit and paratransit operations
with fleet maintenance at a cost not to exceed $8,575,000.
And Mr. Norman Feder, your Administrator for Transportation
Services, will present.
MR. FEDER: Commissioners, what I want to point out to you,
I've got up on the teleprompter here, is a look at the site, the old
Morande site, the automobile dealership that basically is at essentially
the intersection of Radio Road and Davis Boulevard.
What I want to tell you is, I'm going to go through some details
as to why we're looking at this site, why we feel it's uniquely suited
for our purposes, but also to note to you that beyond your standard
conditions that you have in place and issues in any closing, we've got
some other issues that need to be addressed and want to make sure the
board's aware of them.
We worked along with real property, with legal, as well as
CDES. We feel the issues that we have are items that we can work
with, but I want them to get the opportunity to address those issues
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October 10, 2006
further with you and make sure that we answer any and all questions
you might have.
So as I said, I'm going to start off with basically why we're
looking at this site. What you have is about a 10-acre site, just slightly
over that. Only a portion of it's built on today, along with retention,
which is off of Radio Road, which you'll see here on the facilities.
To the back, about four acres by Davis -- and there is access to
both Davis and to Radio Road -- is not developed, and, therefore, is an
opportunity for future expansion.
What we have with the facilities that are there today is
administrative offices, which can meet some of our needs that we're
looking for what I will call a depot operations, which is essentially to
house the folks managing our transit system, dispatch, collection, and
fiscal accounting functions, and they even have safes within the
property that will address a lot of those needs.
Additionally, they have on the site areas for maintenance, which
is another item that we do at the depot, and we are doing currently all
these functions today down at County Barn. They have a paint area,
they have a number of facilities that can be utilized, some that will
need to be modified for the operations are both as a depot, the CAT or
the transit system as well as the transportation disadvantage.
Currently you have about 20 vehicles in each fleet. You have
about 20 buses, including the reserve buses in the CAT fleet, as well
as 20, almost 20, in the TD fleet as well, including the reserves. So
you've got about 40 vehicles here.
And when I say depot, what we'd be looking at initially on the
site is the ability, as I said, for the administrative functions to be there,
for repair services with fleet to come in and be able to work on the
vehicles, would be for dispatch, the drivers coming in in the morning,
picking up the vehicles that would be parked, the buses that would be
parked on the facility, and then go out on the routes and come back in
the evening at the end of the routes.
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4__~,..." ,.."_'____.___~
October 10, 2006
What I am not talking about at this time -- and we'll go through
some of the reasons why -- is the transfer facilities, which are
currently at the Lively V 0- Tech. That is something we'd look at
trying to come back with with some changes in the future and have
that also on this site, which would be allowed here, as far as its
physical layout and structure, very well suit the needs and expansion
into the future.
I will note that when you look at this picture here, it gives you a
clear indication that we are, as I said, off of Davis Boulevard and
Radio. You've got basically an activity center that is moving its way
down Davis Boulevard. There's not a lot of neighbors here, but you do
have Ibis Club right next door.
I am told -- and I have gotten some confirmation of that -- that
this is an interval ownership, a rental, if you will, short- and
longer-term rental at this property. But in either case, whatever the
issue be, it does have a hedge all the way down it. It also has trees.
We probably would look to expand that barrier of vegetation barrier.
And it also has parking on their side all the way down the side of it,
which I think you can see even a little better in this graphic.
So we understand that we do have that neighbor essentially to the
west, and as the previous graphic showed you, it's vacant in the
triangle that's made by Radio and Davis and across the way. There's a
little bit of development across Radio Road as well.
Generally though, as I said, we're seeing the activity center move
its way down from Davis throughout this area.
We are currently, as I said, in the depot operations that we'd be
initially looking to move there, again, the administrative offices, the
parking of the vehicles, the maintenance of the vehicles, the dispatch
activities. Those are all housed currently in County Barn.
County Barn is being renovated. We're bringing the sheriffs
functions down there. We have tried to buy land around that. Were
unsuccessful. So about in the next 12 months, they need CAT to
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October 10, 2006
move out to allow them to do the work that's required for the
renovations down at County Barn.
This site is unique in that we'd be able to move operations here
with the facilities with some minor modifications, be able to move in,
handle operations initially, as we could then refine and expand over
time. So it does give us that unique situation.
I will tell you -- and I'll let Chuck Carrington from real property
give you a better idea as he talks about the negotiations and how we
have looked at other sites -- but essentially we've been looking for
almost three years now for a home for CAT and for TD. And as I
said, this site, while it has a number of issues we'd have to address, is
uniquely suited to those operations.
I'm going to ask Susan Murray to go over with you some of the
issues relative to the zoning and items that we'd have to address there,
and ask Chuck Carrington to give you an idea of the negotiations and
what we've looked at in securing the site, and then last we open it to
anyone in legal, but particularly Ellen Chadwell or Jeff Klatzkow if
they have anything further to address, and we're available for any
questions you might have. Susan?
MS. ISTENES: Susan Murray Istenes. I'm the Zoning Director,
but I guess you probably knew that already.
Sorry, I don't like that thing.
I guess I'm just going to at this point open it for any questions
you might have on any of the uses, and I can provide a brief
background of our analysis, if you wanted me to start that way.
Generally, back in July of last year, we were asked by the
transportation department to take a look at the PUD for some possible
CA T operations, and at that point we really weren't sure what that
would entail. I've got some information back from the transportation
department, kind of went back and forth as to the details of what their
operations entail, the impact -- kind of assess the impacts, looked at
the property. It's currently zoned PUD. It was rezoned back in 1988.
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October 10, 2006
It has been zoned for approximately -- or '86, I'm sorry. February 4th,
1986. So it's approximately 20 years old.
It was rezoned at that time for a new car dealer. And there was
also some language within the PUD that said, any other use which is
compatible in nature with the foregoing uses and which the zoning
director determines to be compatible, and the list of permitted
principal uses are new automobile sales, administrative offices, and
support facilities, that which I just read to you about the compatible in
nature, and then it had permitted accessory uses and structures,
including those that are incidental and customarily associated with
uses permitted, including automobile service and used car sales and
storage, automobile storage.
At that time we took a look at the PUD, not through a very, what
I would call, our typical formal process. And we also looked at the
Growth Management Plan impacts and suggested that, given the
language in the PUD, any other use which is compatible in nature,
there was, in all likelihood, the ability for us to establish a relationship
between what was approved in the PUD versus what the transportation
department was telling us they wanted to use the property for.
That being said -- and we also looked at the Growth Management
Plan impacts, and David Weeks provided a brief synopsis. That
property actually survived the zoning reevaluation process. And I'll
summarize that very briefly by saying the Growth Management Plan
prohibits an intensification of that site; however, the site could be used
for what it's approved for now or a use of a lesser intensity. So that
was just, I would say, the general statement given with respect to
Growth Management Plan compatibility. .
A couple weeks ago, Cheryl Soter of my staff was doing some
due diligence on the property for a potential EDC client and
discovered that there was a provision requested by the board at the
time of rezoning -- again, this was 20 years ago -- that asked for an
interim control, that being a -- I always want to call them deed
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October 10, 2006
restnctIons. And I stumble over that all the time because there's a
different word for that. But similar to a deed restriction --
MR. MUDD: Restrictive covenant.
MS. ISTENES: Restrictive covenant. Thank you. I'm going to
tattoo that on my head -- a restrictive covenant that was asked to be
adopted by the board at the -- or recorded by the board at that time,
after the property was rezoned but prior to its development. That's
what I understand from the records. And that restrictive covenant was
to be lifted after the property had been developed for the new car
sal es.
I'm not sure if that has been done or not. Our records show it
hasn't, but that's really a legal matter that I think it's just a matter of
lifting the restrictive covenant. I don't think that that's something that
really has to do with zoning issue.
However, I will tell you -- in my mind that raised a small red flag
that basically said that the board's intent at that time was to allow only
for the use of new and used car sales; however, what's a little bit
bothersome again for me is the fact that the PUD has some very broad
language in there that allows uses that are like I just read to you. The
uses that the zoning director determines are compatible in nature and
which the zoning director determines to be compatible.
So my point in all this is just really to bring that to your attention.
I don't want you to not know the information, I guess.
I'm comfortable with applying the language in the PUD based on
the uses I understand for the bus depot that the transportation
department wants to use at this time.
They -- the bus depot uses are a subset of a larger set of uses that
they wish to use. And as Norm alluded to, that likely will require
some other type of action, be it a conditional use or rezoning. I can't
opine on that at this time as to whether or not that would be
compatible with the Growth Management Plan. That would all be
dependent on the application, what the proposed uses are and what
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October 10,2006
staffs analysis revealed at that time.
But I did want to make it clear, I do have a comfort level with the
language that's in the PUD even though we did just recently discover
the board's request to put that restrictive covenant on there and their
desire in the minutes of the hearing that it be used for a car dealership.
I think that's all I wanted to put on the record at this point. If you
have any questions about land use, I'd be happy to answer them.
CHAIRMAN HALAS: Have you discussed any of this with the
county attorney?
MS. ISTENES: Yes.
CHAIRMAN HALAS: Okay. And what's the county attorney's
take on this as far as the restricted (sic) covenant?
MR. KLATZKOW: David, I'll take this.
MR. WEIGEL: Go ahead, Jeff.
MR. KLA TZKOW : We discussed it. This isn't as clear as a bell,
and it's not as clear as we'd like, but, however, I agree with Susan on
this, that given the uses that Norm has told the board what they wish
to do, we do believe that it is compatible.
CHAIRMAN HALAS: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I have three questions. Is
this a doable deal considering the bankruptcy that's pending?
MS. CHADWELL: Good afternoon. Ellen Chadwell, Assistant
County Attorney . Yeah, the bankruptcy preceding just creates a
couple of extra hurdles we have to go through to clear the title, but,
yes, it can be easily conveyed through that process.
We've been in touch with the bankruptcy attorney on behalf of
Mr. Morande and Morande Enterprises, and she's given me personal
assurances about getting an order approving the agreement should the
board approve it today. So I'm very comfortable that, yeah, we can go
forward.
COMMISSIONER COLETTA: Okay. And the next question is,
recognizing the fact that this commission has said that roads are of
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October 10, 2006
primary importance in Collier County and the building of them is
necessary, the funding impact, the funds from the gas tax reserve, will
this in any way take away from our ability to build the future roads
that we have planned?
MR. FEDER: The funding is coming out of gas tax, which is
part of what we use, obviously, to build roads as well. What you're
dealing with here is an alternative transportation mode that's already
over a million passengers per year and is working its way beyond just
a captive rider to the select rider or the choice rider, and hopefully is
in a position to help us reduce or to address some of that capacity need
with another mode of operation. So it is a balancing of that acts, sir.
Yes, it's going to use gas taxes, but it's also an item that's going to
help us try to move traffic capacity on an alternate mode rather than
just the highway automobile.
MR. MUDD: To answer the question just a -- I need to give you
some more information because I don't believe you got the full piece.
And I'm not saying Norman was trying to hide anything.
Norman, in your budget right now, you have about $6.3 million
set aside for a CAT facility; is that correct?
MR. FEDER: That is correct.
MR. MUDD: Okay. So--
MR. FEDER: There's about 2.8, I believe, that I'm pulling out of
reserves that I understood, and my answer was relative to that 2.8.
The other funds were already set aside for a CAT facility, which, as I
pointed out to you, we've been looking for for quite some time.
COMMISSIONER COLETTA: Now, the last question is, would
we be able to use any of the impact fees that are designated for
government buildings?
MR. FEDER: That's a possibility. I'll let others opine
specifically on it as we go into renovations in the future, but we have
very little renovations to be able to initially move in and operate. That
would then become a question as we moved further down the road on
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October 10, 2006
the facility, and I do plan on asking that question. I don't have an
answer unless somebody else does. We haven't necessarily gone to
that point.
But we can move in and operate with very limited renovations
today. That's one of the advantages of this site, especially as we try to
get these same operations, the depot operations, if you will, out of
County Barn, which is where they're housed.
COMMISSIONER COLETTA: Well, wouldn't this still qualify
being the fact that it would be coming into Collier County inventory?
I mean, we're not building it from scratch. It's an existing building
that's going to be used for a government purpose.
MR. FEDER: And that's something I'm sure we'll explore, but I
haven't. I don't know if anyone else is in a position to answer that
further.
CHAIRMAN HALAS: County Attorney?
MR. WEIGEL: Yeah, thank you, Mr. Chairman.
There is a potential for a use of the government building impact
fee. But I'll say only potential because that impact fee, just as any
others, was based upon expansion of infrastructure created by growth,
so we'd have to do that analysis to see if there is that relationship
there, as opposed to merely providing a facility.
I'd tend to think, off the top of my head here, that it would be less
rather than more of the funding. We have a facility we're transposing
to a new -- to a new location with a facility that will have some
modifications and things due to it.
So there may be a potential, but it may be limited.
COMMISSIONER COLETTA: We are exploring it?
MR. WEIGEL: We certainly will.
MR. MUDD: Sir, but it's going to be incremental. It's going to
be -- it's going to be the delta. You've got to basically go from what
they have presently to what they have -- and the additional piece
would be what was eligible.
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October 10, 2006
COMMISSIONER COLETTA: I understand, Mr. Mudd. The
only thing was, I didn't see it mentioned, and that's why I wanted to
bring it up.
CHAIRMAN HALAS: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, this is a huge facility. It's
a 10-acre facility. And if you take a look to, it would be the south,
there's a lot -- and I don't know what the PUD says, because obviously
there's no native vegetation that is on the site. So, you know, it could
be that it could be a multiple-use site used by other government
agencIes.
I see it as a bunch of potential. I don't see why we can't bond it if
we need to and pay it over a period of time. The only the question is
for Susan Istenes.
MS. ISTENES: Istenes.
COMMISSIONER HENNING: Istenes. I'll get there. Thank
you.
MS. ISTENES: That's all right.
COMMISSIONER HENNING: Wouldn't you take a look at this
as use -- essential services?
MS. ISTENES: That was -- yes. And I think you have that
information in your executive summary, and thank you for bringing
that up.
In working with the County Attorney's Office, that was
contemplated as a possibility. It was my understanding that Norman
was -- had planning -- was planning to come to you with a whole
myriad of uses, and I actually helped rewrite that executive summary,
so that's why you see some description in there.
But in short, that is a strong possibility that all the uses that I'm
aware of that he's proposing could possibly be classified under
essential services, which would require conditional use approval,
public hearing process notification.
COMMISSIONER HENNING: Well, I hope that we move
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October 10, 2006
forward with this. I think it's going to be a good purchase for not only
the needs today but in the future. Just the square footage that I know
-- been in that building several times -- that it could be used -- utilized
for more than just the CAT system.
With that, I'm going to make a motion to approve.
CHAIRMAN HALAS: I'll second it.
MS. CHADWELL: Could I add a comment to the board, please?
COMMISSIONER HENNING: Sure.
MS. CHADWELL: In light of the fact that currently that
property cannot be used by the county until a determination is made
that the proposed uses are compatible with the PUD -- and in order to
do that, I think we need an official letter, zoning letter, zoning
verification letter, or an official interpretation of the plan.
So I have proposed some language, and I believe Mr. Morande is
amenable to adding this to the contract. It basically states that we
have until December 15th, which is roughly, you know, 60 days to
have that determination made, if we -- at that point in time if the
answer is no, then you can terminate the contract without penalty,
which I think is important, because if you can't use the property in that
scenario, then you're stuck with conditional use approval, and that
may be several months out, and it's uncertain.
So I would like to suggest that I'd like to, I guess, modify the
recommendation or your motion to include that language, if I could,
and I can read it into the record, if I may, if that's acceptable.
It would be adding to section 4.017, closing is contingent upon
purchaser obtaining a zoning verification letter or official
interpretation from the director of zoning determining the intended use
-- uses of a -- as CAT and para-transit administrative offices, vehicular
-- I'm sorry -- vehicle maintenance and servicing, para-transit storage
and parking and vehicle dispatch.
Purchaser shall have until December 15, 2006, to obtain approval
or to otherwise terminate this agreement without penalty.
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October 10, 2006
If purchaser fails to terminate this agreement by December 15,
2006, purchaser shall be deemed to have waived its rights under this
provision and closing will occur no later than December 29, 2006.
That's the original closing date set forth in the agreement.
And there is one other modification to section 6.013, and that is
to add this -- the following sentence: To the extent the time periods
for exercise of termination rights set forth in 4.017 conflict with this
provision, section 4.017 shall govern.
CHAIRMAN HALAS: I have one question. Is there anything
written in this agreement that if we have an environmental study done
on the property, that that's -- the sale of that property hinges on that
environmental --
MS. CHADWELL: Yeah, we have a -- yes, sir. We have a
60-day inspection period, but that will run on December 10th. So we
have those 60 days to determine if there's anything unsuitable or
unsatisfactory with the property, and at that time we can terminate.
CHAIRMAN HALAS: Okay.
MR. FEDER: Commissioner, the phase II study is already
underway in anticipation of these discussions, so that is underway.
That's important. You also are contingent on our inspection of the
buildings and the related improvements to the property and their
acceptance by us.
CHAIRMAN HALAS: And all of the lifts, right, hydraulics
hoists in there?
MR. FEDER: You've got some that can be utilized, some that
would have to be replaced out. So it's a little bit of that. The height is
good in there, but the nature of what we'd be lifting is a little different
than an automobile.
There's other things we have in there, but the major contingencies
you'd have in a normal purchase are in there. What we've been trying
to address is a few things we've found that go above and beyond the
normal.
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October 10, 2006
But, of course, as you pointed out, the environmental inspection
review is underway, and the purchase is contingent on that result.
CHAIRMAN HALAS: So the only thing that you see that we
need to address probably later on is the capacity of the hydraulic
hoists then; is that correct?
MR. FEDER: Yeah, you're going to need larger lifts. I can
defer. I don't know if fleet's here at all, but I know they've told us they
need larger lifts for the nature of the vehicles we have. And so there
will be some retrofit of the buildings, as I pointed out, but they are
pretty uniquely suited for our operations.
CHAIRMAN HALAS: Good. That was my next question, and
you answered it. Thank you.
Any other questions from commissioners?
COMMISSIONER HENNING: Yeah. I'm adding into my
motion what Ms. Chadwell enter into the record.
MR. FEDER: And if I could, what I will point out to you in the
recommendation of the executive summary itself, you have eight
items, of which the first seven we're asking you to consider in your
action, along with Ms. Chadwell's item, which will become the new
number eight in that motion, hopefully, that you consider.
The essence of what we have there, obviously, is to authorize that
we move forward to do due diligence on the purchase and that the
restrictive covenant be released. And as you see on the other items,
the necessary issues for us to move forward. Number eight has been
removed from that list of recommendations, but we have a new
number eight now with what Ms. Chadwell has written into record.
CHAIRMAN HALAS: The information that Commissioner
Henning added to the motion, that is in my second also.
COMMISSIONER HENNING: That was a better part of the
contract. What your recommendations are, one through eight, to
amend number eight, as the county manager stated -- and if this is true
-- let's see. This is item c.
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October 10, 2006
MR. MUDD: It's the lead under the recommendation. I read it
into the change sheet. It's item 10C. Delete number eight under
recommendation in the executive summary which states, waive the
incurring of fines in connection with pending code enforcement action
CEB number 2004-002, if and when the county acquires title to the
property, per staff -- per staff.
Steps have not been taken to do an imposition of fine. Code
Enforcement Board would be the board to consider waiving the fine.
Also the dollar amount shown on the agenda index is incorrect
and should read $8,575,000.
COMMISSIONER HENNING: Right, and that's part of my
motion. But let me just clarify, we're going to make sure that all liens
on the property are -- that's encumbered -- or it's going to be taken
care of before --
MR. FEDER: Yes, we have to. And I know Chuck Carrington's
working on that.
COMMISSIONER HENNING: Okay. So it's one through eight
-- seven with the correction. You don't want to add that eighth with
the Code Enforcement Board?
MR. MUDD: (Shakes head.)
COMMISSIONER HENNING: No. Okay. One through seven
it is.
CHAIRMAN HALAS: Okay, and my second.
Is there any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, I'll call the question.
First of all, the motion was made by Commissioner Henning and
seconded by Commissioner Halas.
No further discussion, I'll call the question. All those in favor,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
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October 10, 2006
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Motion carries. Thank you very much.
Item #lOE
RESOLUTION 2006-269: RECOMMENDATION TO APPROVE
AN AMENDMENT TO THE LOCAL HOUSING ASSISTANCE
PLAN (LHAP) FOR FISCAL YEARS 2004-2005, 2005-2006 AND
2006-2007, INCLUDING NEW AND UPDATED STRATEGIES,
AN INCREASE IN THE MAXIMUM ALLOWABLE HOME
SALES PRICE, AND OTHER CHANGES AS REQUIRED BY
NEW STATE LAW AND APPROVE ALL NECESSARY BUDGET
AMENDMENTS - ADOPTED
MR. MUDD: Commissioner, that brings us to our next item,
which is 10E, and that is a three p.m. time certain. It's a
recommendation to approve an amendment to the Local Housing
Assistance Plan, LHAP, for fiscal years 2004 to 2005, 2005 to 2006
and from 2006 to 2007, including new and updated strategies and
increase in the maximum allowable home sales price and other
changes as required by the new state law and approved -- and approve
all necessary budget amendments.
Mr. Cormac Giblin, your Housing and Grants Manager from
Community Development, will present.
MR. GIBLIN: Good afternoon, Commissioners. For the record,
my name's Cormac Giblin, Housing and Grants Manager.
What we have in front of you today is an amendment, a
mid-cycle amendment to your Local Housing Assistance Plan. The
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Local Housing Assistance Plan is a three-year plan that's required by
the State of Florida which basically governs the use of your SHIP
funds and details some of the affordable housing incentives that are
offered in Collier County.
The purpose of this mid-cycle amendment is to do several things,
but the -- what really brought it to the forefront was Representative
Davis's affordable housing bill that was passed by the state legislature
and signed by the governor earlier this year, House Bill 1363.
It requires that the county adopt certain definitions and make
certain allotments, so that is what brought us to open up the LHAP.
And in that process, we have a few other tweaks and updates that are
going to be amended as well.
But really, like I said, one of the main things that we're doing
here in this amendment is to define essential services personnel, or
ESP or ESP housing, as the Davis bill created.
The Davis bill created a new set -- a new pot of money in
Tallahassee for counties and groups to go after for funding for
affordable housing that would be targeted to high-growth, high-cost
areas. Collier County fits the bill in both of those -- both of those
requirements.
The bill -- the bill requires that each county develop its own local
definition of what ESP housing is. The bill requires also that it be
teachers, educators, school district employees, university and college
employees, police/fire personnel, healthcare personnel, skill building
trades personnel, and then the bill also gives flexibility for each
county to add or to -- to add to that definition.
In Collier County we're recommending we add also government
personnel, and then all other full-time employees that are at 80 percent
or less of median income.
The purpose of this definition is for use of the CWHIP funding,
the $50 million a year that the affordable housing bill set aside for
uses for people to apply to provide housing to individuals that would
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October 10, 2006
be covered in this definition.
The $50 million is set to be divided up into $5 million increments
with no more than one proj ect being funded in each county this first
year.
Also in this bill we went through and created some new -- or
clarified some new definitions of very low income, low income,
moderate income, and extremely low income.
The extremely low income is a new definition that the bill
requires us to put into our plan. And the very low, low, and moderate
incomes are simply the same definitions that we have elsewhere in
Collier County documents, specifically the Collier County Land
Development Code.
We also define program income and recaptured funds. As you
may be aware, our SHIP program operates mostly on a loan -- loan
basis. We do not give any grants with the SHIP money. At some
point those funds do come back to the county to be recycled and put
back on the street to help the next person in line.
The state has some different rules regarding what we can call
program income and what we can call recaptured funds, and basically
the short story is, if it is program income, we can -- we can take
additional administration dollars from those repayments in order to
pay our staff to put it back on the street a second time.
Another change that we're proposing in this LHAP amendment is
to update the maximum purchase price for units in the SHIP program.
Right now we have a maximum purchase price of $254,250. The state
says that we could have a maximum purchase price of $414,861,
which is 90 percent of our average area purchase price.
We're proposing that we implement a new limit of $300,000 per
home, which would be 65 percent of our average purchase price. And
all buys still must be income qualified to be low or very low income.
It's just that with new mortgage products out there, 40-year mortgages,
interest only products, innovative financing techniques, individuals are
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October 10, 2006
able to purchase more house and still be in the low income category.
Another requirement of the bill is that we develop a strategy to
address persons who are displaced of affordable housing due to the
closure of a mobile home park or the conversion of an affordable
apartment complex to condos. What we've proposed doing is creating
a new program that would provide up to $3,000 per household to
assist them in that relocation if they are displaced. That money will
go towards paying their new rent or security deposits of a different
apartment complex.
The bill also requires us to produce a publicly owned lands
inventory once every three years to be adopted by the resolution.
What that means is we need to assess every piece of property owned
by Collier County and determine its appropriateness for use as
affordable housing. We'll present that to you in resolution format once
every three years and then institute a plan to make those properties
that are deemed appropriate, to make those available to individuals
who would like to turn them into affordable housing.
And that is the presentation. I'd be happy to answer any
additional questions you may have.
CHAIRMAN HALAS: In that essential services personnel,
maybe we can expand that item where it talks about skills that the
building industry needs. I think it ought to be carried into difficult
skills needed to provide services for health, safety and welfare within
the county. And I think that is a broader spectrum of this -- when
you've got real critical skills that are trying to get in there, I think
that's something we ought to address.
Who was first here?
COMMISSIONER FIALA: I think he was.
COMMISSIONER HENNING: Ladies first always.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN HALAS: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
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With our percent, our new percent, 65 percent income levels for
the ESP, when they give the estimate of how much the house should
cost, does that cover taxes and very high insurance in that 65 percent?
I mean, our very high insurance rates now.
MR. GIBLIN: The 65 percent is what a $300,000 home is in
comparison to the average purchase price of a house in Collier
County.
COMMISSIONER FIALA: Okay. When I ask that -- I'm just
concerned about what it includes. So Mr. Builder can build $300,000
homes and he gets a density bonus for doing so, but does that
$300,000 price tag include taxes and insurance? It doesn't seem to me
that it does when they say starting at.
MR. GIBLIN : Well, these are two separate programs. The
$300,000 maximum price limit would be for a home to be eligible to
participate in a SHIP funded activity like our down payment
assistance program, our rehab -- our home repair program. To
participate, those homes cannot have a value or a purchase price more
than $300,000.
N ow when you talk on the other side about the density bonus
program, that's more income driven where the home could be more
than 300-, could be less than 300-, as long as the low income person
could afford it, including taxes, insurance, neighborhood assessments,
those types of things.
CHAIRMAN HALAS: Okay. Commissioner Henning?
COMMISSIONER HENNING: Cormac, your presentation said,
this bill requires. So it's take all or nothing?
MR. GIBLIN: Many of the items that I ran through are required
in the bill, yes.
COMMISSIONER HENNING: Okay. So whatever you said the
bill requires --
MR. GIBLIN: Yes.
COMMISSIONER HENNING: -- that's what we have to do?
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MR. GIBLIN: The bill requires that we address every issue that I
-- where I said the bill requires. How we address it is up to the board
and up to the county.
COMMISSIONER HENNING: All right. Well, let me tell you
my concern on page 14 of the -- I don't know whether it's an
ordinance, or whatever the name of it is, or the program. Let's just say
it's a program.
MR. GIBLIN: Yes, sir.
COMMISSIONER HENNING: To where if a -- if we lose
affordable housing rentals that go to condos and that, that we give,
you know, the maximum of $3,000 per family.
You know, in the public's eye, I don't think that's going to look
very good is -- a developer comes by and says, you know, we're going
to change these and throw everybody out, and the government is there,
is going to give you $3,000 to relocate, or a mobile home park is
leveled for condos or something like that through a zoning action. I
don't think that's going to set very well.
MR. GIBLIN: Yeah. This is one of the issues that the new state
law does require that we address the issue. It doesn't say what you --
what we would need to do. This would be our proposal, or one action
that the county could take is to develop a new program as described
here that would make grants available to those that are displaced of
$3,000.
COMMISSIONER HENNING: How about if we --
MR. MUDD: Or Commissioner, you could -- you could, in this
particular item, you could say, all we're going to do if you're
displaced, is provide you a list of referral properties where your rent
would be the same that are available in Collier County. That would
address the requirement in that house bill, but that would be the
minimum that the county would have to do.
COMMISSIONER HENNING: Well, how about if we make the
landowner -- can we make the landowner responsible?
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CHAIRMAN HALAS: Yes, we can, I think in the PUD, couldn't
we --
COMMISSIONER HENNING: Well--
CHAIRMAN HALAS: -- when they come back for rezone, that
they have a commitment?
COMMISSIONER HENNING: Well, the--
MR. GIBLIN: In the case of -- specifically of a condo
converSIon --
COMMISSIONER HENNING: Conversion to condos.
MR. GIBLIN: -- there is no PUD or zoning change that you
would require your action on. So in a case like that, the landowner --
COMMISSIONER HENNING: And I don't want to encourage
that to happen by adopting this. But I know there needs to be some
kind of assistance.
But Commissioner Halas is absolutely right, if it's a zoning
action, we can require them to relocate the folks.
CHAIRMAN HALAS: Like a trailer park or something of this
nature. I think when that comes before the Board of County
Commissioners, I think that's something we've got to look at, and it
shouldn't be the responsibility of local government to address that
issue where you displace those people. I think it should be left in the
hands of the developer who wants to buy that property, because
obviously he's boughten (sic) that property at a substantial amount of
money, and he's got ideas of redeveloping it.
So I think, along with the assistance of $3,000, then there's some
obligations that I think that the developer has to step up to.
MR. GIBLIN: Commissioner, we could add to this paragraph,
that in those cases where additional county approvals may be
necessary to either close the mobile home park or to convert them to
condominiums, that we would work with the developer or require the
developer to chip into the program.
COMMISSIONER HENNING: Correct. Kind of like a cost
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share. If we can do that, just to add into it. But I also agree with the
chairman that we need to really expand that essential services to
health, safety, and welfare issues of personnel.
CHAIRMAN HALAS: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I really appreciate what
Mike Davis did here. He brought it up off dead center and helped to
move everything forward, not only here, but throughout the whole
state.
I'd like to address the issue we're talking about, the essential
service personnel. A skilled building trade personnel, trade personnel,
I take it those are the people that build homes?
MR. GIBLIN: That's how we would interpret that, yes. People
involved in --
COMMISSIONER COLETTA: Okay. And that's not an option.
That's part of the package that has to be in there.
MR. GIBLIN: Correct.
COMMISSIONER COLETTA: But we can add additional,
right?
MR. GIBLIN: Correct.
COMMISSIONER COLETTA: Okay. I'll tell you what I think's
missing from here that's an absolute essential, if we're going to be
taking care of the needs of people that are out there, we have a
wonderful network of nonprofits that provide some basics as far as
food, clothing, and shelter and emergency needs. I think they should
receive a top priority and be in this essential personnel category.
Now, not all nonprofit agencies, by any means. But those that are
directly connected with providing those essential services that allows
society to keep going forward.
MR. GIBLIN: Commissioners, I can put a little background into
this definition. The definition that you have before you basically
includes everyone who is less than 80 percent of median income, full
time employed in Collier County. And then if you happen to be
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employed in one of those specific industries that are called out or
those job classifications that are called out, it raises your allowable
income to 140 percent of median income.
COMMISSIONER COLETTA: I understand, but what I'm
talking about is -- let's talk about the executive director for Friendship
House or to the David C. Lawrence Center. Of course, that's a
medical provider, so I imagine they come under the previous
definition.
But there's some other agencies out there that provide very
essential services. Even Pace in Immokalee, who provides a service.
Why should their employees, their executive people be eliminated
from this because they may be at 100 percent? All of a sudden they
find themselves at a disadvantage. They can't hire people to come in
because they fall outside this particular footprint. That's my concern.
MR. GIBLIN: Okay.
CHAIRMAN HALAS: Commissioner Coyle?
COMMISSIONER COYLE: Commissioner Coletta turned that
light on. It wasn't me.
COMMISSIONER HENNING: I was very concerned. He's been
quiet for so long. I just wanted to make sure that he was all right.
CHAIRMAN HALAS: Well, is he alive?
COMMISSIONER COLETTA: Yes.
CHAIRMAN HALAS: Okay, good.
COMMISSIONER COYLE: I'm just sleepy.
CHAIRMAN HALAS: Is there any other discussion?
(No response.)
CHAIRMAN HALAS: Do I hear any motion then as far as what
we want to do with this direction here?
COMMISSIONER HENNING: I'll make a motion that we
approve expanding the essential service to workers of health, welfare
and safety within the county.
CHAIRMAN HALAS: Okay.
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October 10, 2006
COMMISSIONER HENNING: And also the proviso on H, page
14; if it is a rezone action, the petitioner will share in the cost of
relocation.
CHAIRMAN HALAS: Okay. Do I have a second?
COMMISSIONER FIALA: Second.
CHAIRMAN HALAS: Okay. And I believe we have a public
speaker.
MS. FILSON: Yes, sir. We have one speaker, Brian Settle.
CHAIRMAN HALAS: Okay.
MR. SETTLE: Thank you, Commissioners. I appreciate you
taking time on this very, very important topic. As stated, I'm Brian
Settle, and I'm here on behalf of our Essential Service Personnel
Housing Coalition. It's a loosely-knit group of employers at this point,
and NCH Healthcare System is part of it, HMA Hospital, the Collier
County public schools and the Collier County Sheriffs Department.
And this team of employers has really joined forces under Mike
Davis's legislation with CWHIP and will be going after some of the
funds in Tallahassee.
We will also be presenting you with additional information
probably November and asking your endorsement of our application
for CWHIP funds.
We believe that the LHAP amendments will help with our
housing dilemma. And it was evidenced that everyone has the same
concern that we do, and that is, where can our workforce live in
Collier County?
We support the ESP definition as well as the LHAP amendment,
and we certainly hope you'll adopt it. So thank you very much for
your time.
CHAIRMAN HALAS: Thank you.
Yes, County Attorney?
MR. WEIGEL: Thank you. I just wanted to add that in regard to
the additional language of having a developer contribute toward the
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housing situation in the case of a rezone, that I will steer you, as I do
from time to time, back to the criteria that exist for rezone such as I've,
you know, provided in the booklet that we have that has specific
criteria for rezone or PUD amendments, variances, et cetera.
And that specific requirement is not there under the criteria for a
rezone, so I don't want you, with the best of intentions, to set
yourselves up for a problem with some potential rezoning action that
comes before you in the future.
But I did want to let you know, and I provided some information
to Ms. Fiala this past week, that we have -- I have done a survey with
the Florida Association of County Attorneys to find out what kind of
assistance do other counties at the county level have in place for
people who are being displaced, such as for mobile home parks, as an
example.
And as it turns out, there are two counties that have something in
place right now. One is Pinellas County, which has a rather, I'll call it,
if not cumbersome, certainly it's a comprehensive ordinance that does
have a requirement for participation of the county to assist with
monetary assistance to people that are being displaced when there is a
zoning change requested of the board.
Perhaps more importantly, Monroe County has an ordinance,
which I've just received, which has a specific requirement that when a
mobile home park is being changed, rezoned, that the -- that the
owner, developer, must, in fact, provide for in the redevelopment plan
30 percent affordable housing within the new context of development
on that site.
So those are some elements that certainly would probably be
worth reviewing. I look forward to prepare an informational memo
with the salient points of those ordinances, as well as those ordinances
for your review so that this board may, in fact, look toward making
that part of the criteria of the rezone in these specific types of
situations that are related even to what -- your discussion of this
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agenda today.
COMMISSIONER HENNING: All I'm saying is, in order for
anybody to qualify for this, there's going to have to be a cost share.
It's not part of the rezoning.
MR. WEIGEL: Okay.
COMMISSIONER HENNING: It's saying that there will be a
cost share from the developer --
MR. WEIGEL: Okay.
COMMISSIONER HENNING: -- otherwise there won't be any
monies coming forward.
MR. WEIGEL: Okay, I see. If the developer doesn't participate
and ante up, then the board will not be going forward with the money
through this program as well.
COMMISSIONER HENNING: Correct. So that's your
understanding?
MR. GIBLIN: Actually, no, it wasn't--
COMMISSIONER HENNING: Okay.
MR. GIBLIN: -- but we can take it that way.
COMMISSIONER HENNING: Would it be okay to do it that
way? Is that -- because we are addressing it.
MR. WEIGEL: No, I think you can. I believe I did hear it in the
context of rezone previously. That's why I stepped forward. But if
what I understand you're saying right now, I don't think it's
problematic because it's not related to the rezone itself.
COMMISSIONER HENNING: Right.
MR. WEIGEL: I believe that's what you're saying.
COMMISSIONER HENNING: Correct.
CHAIRMAN HALAS: Commissioner Fiala.
COMMISSIONER FIALA: I've had my question answered.
CHAIRMAN HALAS: Okay. Commissioner Coyle, is this for
real?
COMMISSIONER COYLE: Yes, it really is.
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Well, with respect to paragraph 2, subparagraph H, the relocation
assistance program, as it's currently described, those are program
dollars that are grant dollars, okay. There's nothing here that obligates
the county to provide this relocation assistance if there are no grant
funds available.
MR. GIBLIN: That's correct. The people would have to qualify
both income-wise and they would have to prove that they were, in
fact, in affordable housing that is now not going to be there anymore
COMMISSIONER COYLE: That's correct.
MR. GIBLIN: -- and that the relocation grant would be paid
from the SHIP funds, which is a grant.
COMMISSIONER COYLE: Okay. Now, if you get funds from
the developer as a result of a rezone, who administers those funds?
MR. GIBLIN: The future funds or -- well, the housing
department administers all those funds.
COMMISSIONER COYLE: Okay. So you would be
administering those funds, and then you would be providing relocation
assistance in addition to the grants that were available from the state;
is that correct?
MR. GIBLIN: I'm not sure I'm following the question. This
program would -- this would be the relocation program. If during a
rezone the Board of County Commissioners specifically required a
developer to provide relocation assistance, then -- I think now I'm
following you. Then, yes, that would be an additional source of
funding.
COMMISSIONER COYLE: So there are two pots?
MR. GIBLIN: Yes.
COMMISSIONER COYLE: We've got the state providing
grants and then you've got a pot that's created as a result of rezones
that represents developer's contributions?
MR. GIBLIN: Correct.
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October 10, 2006
COMMISSIONER COYLE: And so we're going to manage
those and a person can't get one out of each pot, right?
MR. GIBLIN: We can do that.
COMMISSIONER COYLE: They're only eligible for one
referral assistance payment, right?
MR. GIBLIN: Yes.
CHAIRMAN HALAS: Providing they follow the guidelines of
COMMISSIONER COYLE: Okay.
CHAIRMAN HALAS: -- the percentage of income.
COMMISSIONER COYLE: Okay.
MR. MUDD: And in no case, the maximum award, based on D,
on (H) (D), is $3,000 per family. That's the maximum amount of
money that they'd be eligible for.
COMMISSIONER COYLE: Yeah, but that's for this particular
program, for the grant fund. We don't have anything that says the
maximum amount of the total maximum.
MR. MUDD: Commissioner, you're going to have to -- you're
going to have to add some language to this --
COMMISSIONER COYLE: That's right.
MR. MUDD: -- because right now this thing says, the maximum
amount they can get, no matter where it comes from, grant and/or
developer, is $3,000 per family.
CHAIRMAN HALAS: And I would hope that's where the
county attorney will assist us, and --
COMMISSIONER COYLE: That's fine, if that's what it really
means, that's okay with me.
MR. MUDD: And in that case, if the developer contributed
money, that money would go to the clerk, and, yes, Mr. Giblin and his
crew would make sure that they're eligible, and then work that process
through the clerk in order to cut the check.
MR. SCHMITT: Glad you said that. They have to go through
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the clerk's office.
COMMISSIONER FIALA: But now do we need to see that
again before we approve this?
CHAIRMAN HALAS: Yes.
COMMISSIONER COYLE: Yeah. That's all going to be put in
here, right?
MR. GIBLIN: Yes, sir.
COMMISSIONER FIALA: But we've just got a motion on the
floor to approve this. Now what?
COMMISSIONER COYLE: Well, that's why I'm bringing it up.
I'm suggesting if you want to modify your motion to include that
language, maybe we should do that now.
CHAIRMAN HALAS: Yeah. We're going to amend the motion.
COMMISSIONER HENNING: Yeah. I mean, it was -- any
motion is up for amendments, and I accept Commissioner Coyle's
comments.
COMMISSIONER FIALA: My second, too.
MS. FILSON: Commissioner Henning made--
MR. GIBLIN: And Commissioner, just for clarification, if you
wouldn't mind if I read the -- if I could read the new essential service
personnel definition to be sure that we've captured everything.
It would be -- the new definition would be those individuals
employed in the community as teachers, educators, other school
district employees, community college and university employees,
police and fire personnel, healthcare personnel, skilled building trades
personnel, government employees, and workers associated with the
health, safety and welfare agencies within Collier County earning up
to 140 percent of median, and all other full-time employees earning
less than 80 percent of median.
CHAIRMAN HALAS: That's it.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Cormac, do you take the
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terminology health, safety and welfare to be able to include such
things as -- and it would be a rare case, but -- because we're talking
about somebody earning like about $50,000 a year to be able to -- or
below that, that they would be able to qualify under the 80 percent --
such places, let's just say, like St. Matthew's House where they're
providing a service or Guadalupe Social Services?
There's several of these kind of agencies that provide very strong
services that are part of the fabric. Now, I honestly don't know if
there's a person in that employment that earns over 53,000, but
suppose they have an executive director they brought in because of the
fact they need to hold the fabric of it together and then they may lose
out. I'm not too sure. I just -- it's a little vague. I need this explained
to me.
MR. GIBLIN: Commissioners, by wording it health, safety and
welfare agencies, that -- certainly the St. Matthew's House would be a
welfare agency.
COMMISSIONER COLETTA: I'm there, I'm there.
MR. MUDD: Yes, sir. It wouldn't be the Botanical Gardens
though.
COMMISSIONER COLETTA: But you've got to be very, very
careful we don't have this abused by some of the far left organizations
that are out there, or those that might be primarily religious and have
something on the side going. And that's something that's going to be
very difficult to --
COMMISSIONER HENNING: Leftist religion organization?
COMMISSIONER COLETTA: Well, I know. Two different
words.
COMMISSIONER HENNING: What? There's no such thing.
COMMISSIONER COLETTA: Yes, I know. Compassionate
conservative, Commissioner Henning.
COMMISSIONER HENNING: Oh, okay.
COMMISSIONER COLETTA: You know.
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COMMISSIONER COYLE: Only in Commissioner Coletta's
district.
COMMISSIONER COLETTA: Yes, only in my district.
CHAIRMAN HALAS: I think we'll just drop this discussion
right now before we get in trouble.
COMMISSIONER COLETTA: The Bible Belt.
CHAIRMAN HALAS: Okay. Has the motion been amended?
COMMISSIONER HENNING: Yep.
CHAIRMAN HALAS: Okay. And who seconded that? Was it
Fiala or me?
COMMISSIONER FIALA: Me.
MS. FILSON: Commissioner Fiala.
CHAIRMAN HALAS: Okay. So a motion on the floor by
Commissioner Henning, seconded by Commissioner Fiala.
Any further discussion on this?
(N 0 response.)
CHAIRMAN HALAS: Hearing none, I'll call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign?
(N 0 response.)
CHAIRMAN HALAS: Motion carries. Thank you very much,
Cormac. Appreciate your input.
Item #101
RECOMMENDATION TO AWARD BID NO. 06-4035 TO
QUALITY ENTERPRISES USA, INC. FOR THE RIVIERA GOLF
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October 10, 2006
ESTATES LAKE INTERCONNECT FLEUR DE LIS LANE-
APPROVED
MR. MUDD: Commissioner, that brings us to item 101, and that
used to be 16B2, and it reads: Recommendation to award bid number
06-4035 to the Quality Enterprises U.S.A. Inc., for the Riviera Golf
Estates lake interconnect Fleur De Lis Lane, proj ect number 511351 in
the amount of $120,000.
And Mr. Gene Calvert, your director of stormwater, will present.
MR. CALVERT: Good afternoon.
COMMISSIONER FIALA: Actually I pulled it, and only for a
couple reasons. Number one, I had spoken yesterday -- I wanted to
know if the people in the Riviera area knew that this was coming so
that they wouldn't be mystified when all of these vehicles came onto
their property, and Gene has cleared that up for me, if you'd like to say
what you've done.
MR. CALVERT: Yes. For the record, Gene Calvert;
Stormwater Management Department, Transportation Division.
We have contacted the homeowners' association. The president,
Kay Rendozzo (phonetic), has put this article in their newsletter, so it
has been circulated. We've also given plans to the homeowners'
association. They have been on public display at their clubhouse. We
even talked with Kay as early as yesterday -- or as late as yesterday,
and she has heard no comments, complaints, one way or the other.
She appreciates everything that's going on.
COMMISSIONER FIALA: Thank you. And then it also states
the things you were going to take out, but it only mentions restoration.
You've discussed the restoration process with them and what you will
and won't be replacing?
MR. CAL VERT: That's correct. Right now -- and one of the
reasons they were very much in favor of this project -- there is an
asphalt walkway through there that was repaired some years ago.
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Restoration will include concrete sidewalks all the way through the
area, as well as vegetation restoration as well.
COMMISSIONER FIALA: Thank you. Motion to approve.
CHAIRMAN HALAS: Okay.
COMMISSIONER COLETTA: Second.
CHAIRMAN HALAS: Okay. We have a motion on the floor by
Commissioner Fiala and a second by Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN HALAS: Hearing none, call the question. All
those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
MR. CALVERT: Thank you.
CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
CHAIRMAN HALAS: Okay.
COMMISSIONER FIALA: Thanks, Gene.
Item #10J
RECOMMENDATION TO WAIVE FORMAL COMPETITION TO
APPROVE CONTRACTING WITH WELLER POOLS INC. TO
INSTALL A 32 AQUATUBE SLIDE AT A COST OF $183,304.25.
- APPROVED
MR. MUDD: Commissioner, that brings us to our next item,
which is 10J. That used to be 16D3, and it reads: A recommendation
to waive formal competition to approve contracting with Weller Pools,
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October 10,2006
Inc., to install a 32-inch diameter, 214-linear-foot Aquatube slide at
the cost of $183,304.25. Item was pulled at Commissioner Fiala's
request.
COMMISSIONER FIALA: And let me just dig right in and tell
you, when I read it was a 32-inch slide, I couldn't imagine how -- who
would be using the 32-inch slide.
MR. MUDD: Small people.
COMMISSIONER FIALA: And so I thought maybe you were
going to have a new category of our residents using it, so I asked.
And Jim suggested it probably was in diameter, but it didn't say that,
so I wanted to first verify that.
And then the second thing I wanted to ask was, it was saying
about this thing -- wait a minute. They were talking about budgeted,
and then it said, I believe it wasn't in the budget; is that correct? And
now it's in the budget. Or was it included in the 2007 budget? Let me
go back.
CHAIRMAN HALAS: I think it was Kraft. It was dealing with
Kraft.
COMMISSIONER FIALA: Yeah, but now it isn't Kraft
anymore.
MR. WILLIAMS: Commissioner, for the record, Barry
Williams, Parks and Rec. Director. The amount is budgeted for
FY-'07.
COMMISSIONER FIALA: Okay. And is it the same budget
amount that we had previously allocated?
MR. WILLIAMS : We had in the budget $1 75,000 for the slide
itself, the installation. There are some soft costs associated with
installation. When we bring the slide in, we'll have to take away the
fence and we'll have some equipment that we'll need, so those are
costs that we have in our FY -'07 budget to take care of.
For the slide itself, we budgeted 175,000. The fabrication,
delivery and installation of the slide is at that 159,000, excluding those
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October 10,2006
soft costs.
COMMISSIONER FIALA: Okay, great. So we're pretty well in
budget then, right?
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: Okay. Motion to -- oh, I'm sorry.
Somebody else wanted to speak.
CHAIRMAN HALAS: Commissioner Henning?
COMMISSIONER HENNING: Well, I mean, we just -- we just
opened the park up and now we're, you know --
MR. WILLIAMS: Adding a slide.
COMMISSIONER HENNING: -- cutting it out, taking out stuff
that was just installed, very little use. Could we do some better
planning in the future?
MR. WILLIAMS : Commissioner, the fourth slide and fifth slide
were a part of our plans. We wanted to introduce --
COMMISSIONER HENNING: But those were in outer years,
and we've just gotten CO on the property just months ago, and we're
already tearing it up.
MR. WILLIAMS: Yes, sir.
CHAIRMAN HALAS: What are you actually tearing out here?
You're just removing the fence temporarily to put the slide into place?
MR. WILLIAMS: Yes, sir. That's correct.
CHAIRMAN HALAS: Is there any other structure that's got to
be put in? I think everything else is in place other than the slide itself?
MR. WILLIAMS: It is. All of the --
CHAIRMAN HALAS: The pumps?
MR. WILLIAMS : Yes. It's just connecting to the pumping
system, but everything's in place. We have a red light, green light
system that we've wired. It's ready for the slide.
We're introducing the fourth slide. We're using it to market the
park for next season basically, to have this additional slide. We think
we'll bring in -- we hope to bring in -- continue to bring in folks that
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October 10, 2006
would come back and see what that fourth slide's about, that 32-inch
slide.
CHAIRMAN HALAS: Okay. The question--
COMMISSIONER HENNING: You're taking out landscaping.
CHAIRMAN HALAS: Yeah. I think the question that
Commissioner Henning has is in regards to the fence. Now, this is --
the fence had to be there to start with; is that correct?
MR. WILLIAMS: Yes.
CHAIRMAN HALAS: Okay. And so what do you think the
cost of removing the fence to get the slide in place is going to cost us;
do you have any idea?
MR. WILLIAMS: We don't. We wanted to seek your approval
to go with this form -- waiving competition to go with Weller. What
we'll come back to you with is a contract, an agreement with Weller, if
you approve it, and we'll identify those costs exactly.
CHAIRMAN HALAS: Okay.
COMMISSIONER HENNING: Here's what it says here.
Remove, repair, replace existing landscaping, fence, hardscaping,
electrical work, refilling and balancing of the pool. The only point
that I'm making is, the paint's just drying and we're already changing
it. Can we do better planning in the future?
CHAIRMAN HALAS: I guess we should have probably --
COMMISSIONER HENNING: And the director said yes.
CHAIRMAN HALAS: -- put the fourth and the fifth slide right
in place at the time we built the water park, because I think there's
another slide that's coming in later on; am I correct?
MS. RAMSEY: Correct. We did that purposely for marketing
purposes to bring in a fourth and a fifth slide in out-years so that we
could continue to market something new coming on at the park so that
it wasn't all built out in the very first year that we opened it.
The cost you have associated here would be anything that was
damaged. If they don't have to remove landscaping, they won't. If
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October 10,2006
they don't damage any hardscape, there will be no additional cost.
They'll probably just roll back the fence and then roll it back into
place when they're done. So probably minimum amounts of elements.
Every -- all the posts and everything are currently in place ready to go.
All they have to do is bring in the slide and attach it to the pillars.
CHAIRMAN HALAS: What is -- how many people did we have
before we started closing this thing down, let's say, till when school
started?
MS. RAMSEY: We've had over 100,000 people come through
the Sun-N-Fun since we opened in late June.
CHAIRMAN HALAS: Okay. Commissioner Coyle?
COMMISSIONER COYLE: This is a fully enclosed tube slide;
is it not?
MS. RAMSEY: I don't know about totally enclosed, but
sometimes they're enclosed and then open and enclosed. I don't know
about this particular sty Ie.
COMMISSIONER COYLE: Well, I just bring that up because
I've seen a lot of kids that are more than 32 inches in diameter there.
What are you going to do when you get one plugged up halfway
down?
COMMISSIONER HENNING: Sawzall.
CHAIRMAN HALAS: Send Commissioner Coletta down there.
MS. RAMSEY: We have a fitness center in the next building
over, SIr.
COMMISSIONER COYLE: Do you have restrictions on who
can use these, or anybody can just go in there and plop in there and
plug it up?
MS. RAMSEY: No. There are no restrictions, sir.
COMMISSIONER COYLE: Really?
MS. RAMSEY: And 32 is a standard. Apparently it's big
enough.
CHAIRMAN HALAS: Commissioner Coyle, you'll fit in that
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October 10, 2006
32-inch --
MS. RAMSEY: And it's wet.
COMMISSIONER COYLE: No, I've gone down them. I just --
I know that for some people they're a little tight.
MS. RAMSEY: It would be about a yard all the way around.
COMMISSIONER COYLE: Yeah, yeah.
COMMISSIONER COLETTA: Will this day ever end?
CHAIRMAN HALAS: Any other further discussion?
(N 0 response.)
CHAIRMAN HALAS: I'm looking for a motion on this.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HALAS: Okay. Do I have a second?
COMMISSIONER HENNING: Second.
CHAIRMAN HALAS: Okay. Motion on the floor by
Commissioner Fiala and a second by Commissioner Henning.
No further discussion, I'll call the question. All those in favor,
signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN HALAS: Opposed, by like sign.
(No response.)
CHAIRMAN HALAS: Motion carries. Thank you very much.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. MUDD: Commissioner, that brings us to public comments
on general topics.
Page 194
October 10,2006
Ms. Filson?
MS. FILSON: We -- I do have one speaker, but I think he has
departed. Kenneth Thompson.
CHAIRMAN HALAS: Okay. Okay. Then how about county
manager, do you have anything to bring forth?
MR. MUDD: Yes, sir.
CHAIRMAN HALAS: Okay.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: First the board, or members of this board, went to
the Florida Association of Counties policy committee meetings in
Clearwater Beach from December (sic) 27th through 29th, and this is
kind of something that my assistant Deb Wight put together to kind of
recap what was there so the other members that didn't go would have
an idea.
The F AC director, or legislative director, Palmer Mason, spoke
of Collier County's concern regarding the inordinate attorney fees on
some land, eminent domain actions, and they basically took our fact
sheet and our recommendation as far as changing the language that the
county attorney had drafted, and they've distributed that out to all of
their members.
And they basically spoke of that during the meeting, so that's a
good thing and that's basically one of the priorities that this board has.
CHAIRMAN HALAS: What was interesting, just to add a little
flavor to this, that there was a couple of attorneys that sit on other
commission boards throughout the state, and they had some serious
concerns about this also. So there was support from the attorneys' side
also.
MR. MUDD: Commissioner Coletta brought to FAC's attention
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October 10, 2006
Commissioner Halas's letter addressed the F AC executive director,
Susan Latava (phonetic) and others requesting support for amending
the Florida Statutes to require elections of the Florida Water
Management District governing boards rather than a governor
appointment. This met with a great deal of interest and support from
F AC members, and I believe it's a discussion item in their December
meeting.
The next item, while Commissioner Coletta chaired the Growth
Environmental Planning and Agricultural Committee meeting, he
requested that Commissioner Halas read to the F AC attendees Collier
County's concurrency referendum question while providing an update
on Collier's growth management initiatives, and that met with
approval and great interest from the folks that were there.
Since the F AC policy committee meeting, Collier County has
transmitted to F AC a position paper on the all-terrain vehicle, A TV
issue that proposes an amendment to the Florida Statutes to enable
counties to have the latitude to exempt only portions of their
respective county for unpaved roads and A TV use.
This board had talked last time based on direction to see if we
could get it so that -- you know, if it's just Golden Gate Estates that we
want to exempt but the other dirt roads in Collier County to be open,
that you'd have the latitude to do so because the current legislation
applies currently to the entire county and nothing less.
And the board acted prior at the last meeting prior to 1 October to
exempt the county from that legislation, which was 7079, the house
bill, and basically said that ATVs cannot legally use the dirt roads in
Collier County.
And then Commissioner Halas volunteered again to be a member
of the growth management work group, which will meet regularly
beyond the F AC conferences to research issues of statewide concern,
and that's important to this board that you have a member on that work
group so that you can get at your particular issues.
Page 196
October 10, 2006
There was lots of discussion, from what I understand, about
insurance costs in Collier County -- or Collier County -- in the State of
Florida --
CHAIRMAN HALAS: Florida.
MS. MUDD: -- and in Collier County, and property tax reform
was also an issue of discussion just about in every meeting that was
there.
The F AC just put out some financial impact of the increase of
homestead exemptions, if it gets increased from 25K to 50K, 50,000
per household, and that would impact this county with a reduction of
$7.3 million to the general fund. That impact was given just in case
the members of the board haven't had a chance to open up their
emails.
Just as a -- just as a note, Commissioner Fiala's told the members
of the board that she's not going to be at the MPO meeting on Friday.
I received another notice that Commissioner Coyle will not be at
the board meeting on the 14th of November. I also know that
Commissioner Halas won't be at a board meeting on the 28th of
November.
That tells me that the December meeting -- the one meeting in
December is -- I've asked Ms. Filson to dedicate two days to that
meeting, that Tuesday and that Wednesday, because it's obvious to me
that all the land use petitions will come off of the 2 November
meetings and move to the December meeting, or into January. I will
do my best to spread those out a little bit, but I will make sure that you
know about that.
Your next meeting you only have one land use item on it. It's the
Naples Daily News item. There was nobody out there in the
development community that wanted to have their land use item on
the same day as this particular item. I will let you know they all
stayed clear of it based on what I've got from staff reports from
community development.
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October 10, 2006
So you have one item that's coming the next meeting, and that's
the Naples Daily News item. There probably will not be any land use
items from November. We will ask folks if they want to go, but
they'll only have four members, and they need a supermajority vote.
Most case where that has happened, they chose to move their items
out to when the entire board will be in -- will be in forum.
So I just wanted to get that out. Let you know that the meeting in
December will be an interesting one, and I will try to reschedule and
move some things around so that if it's all land use, we'll do all land
use, but we'll do it for two days.
That's all I have, sir.
CHAIRMAN HALAS: Okay. County Attorney?
MR. WEIGEL: Well, thank you. It's nice to be back. I look
forward to providing you a memo relating to some of those affordable
housing issues and what other counties have done.
Also look forward to providing you a memo relating to some
endeavors I hope to bring to you for your consideration for the next
year, work projects that the county attorney can do to help you with
more tools in your toolbox. So stay posted, and we'll keep you
advised on that. Thank you.
CHAIRMAN HALAS: Is that it?
MR. WEIGEL: Yeah.
CHAIRMAN HALAS: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Nothing from me.
CHAIRMAN HALAS: Really?
COMMISSIONER COYLE: Yes.
CHAIRMAN HALAS: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: I agree with Commissioner
Coyle, I have nothing either.
CHAIRMAN HALAS: Okay. Commissioner Henning? I'll start
at the other end.
COMMISSIONER HENNING: Yeah, on our agenda, a great
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October 10,2006
thing, is interconnecting Whippoorwill Lane to the future Green
Boulevard and relieving that corridor.
But I just want to point out, it was asked by one of the
commissioners, can we -- can we make them build the road during
their approval process, and it was stated that the Corps of Engineers
would never allow that interconnection because of wetlands, but now
we're using impact fees to make that connection.
It is going to help out the network though quite a bit. So I'm glad
it's getting done.
That's all I have.
CHAIRMAN HALAS: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Nothing from me.
CHAIRMAN HALAS: Wow, we're going to get out of here
early. I just want to say, we had a very productive day and it was
quite interesting. It will be interesting to see what comes back from
the parks and rec. in regards to usage fees and so on at the different
parks.
Other than that, I want to thank Commissioner Coletta for sitting
in and being the chairperson in regards to that FAC on that growth
issue because of the fact, I believe, the person who was chair couldn't
make it. And he represented Collier County very well.
Thank you very much.
COMMISSIONER COLETTA: Thank you, sir.
CHAIRMAN HALAS: At that, I believe we are adjourned.
* * * * * Commissioner Coy Ie moved, seconded by Commissioner
Fiala and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted *****
Item #16A1
RESOLUTION 2006-260: FINAL APPROVAL OF THE
Page 199
October 10, 2006
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT
FIVE" THE ROADWAY AND DRAINAGE IMPROVEMENTS
WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item #16A2
RESOLUTION 2006-261: FINAL APPROVAL OF THE
ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT
SIX" THE ROADWAY AND DRAINAGE IMPROVEMENTS
WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item #16A3
RESOLUTION 2006-262: FINAL APPROVAL OF THE
ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT
SEVEN" THE ROADWAY AND DRAINAGE IMPROVEMENTS
WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item #16A4
RECORDING THE FINAL PLAT OF "MEDITERRA, PHASE
THREE EAST~ UNIT THREE"
Item #16A5
RECORDING THE FINAL PLAT OF "AVE MARIA UNIT 9, DEL
Page 200
October 10, 2006
WEBB PARCELS 101, 103, 104 & 105", APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY - W/STIPULATIONS
Item #16A6
REIMBURSEMENT OF A PORTION OF THE IMPACT FEES
PAID FOR "HANDSOME HARRY'S THIRD STREET BISTRO",
IN THE AMOUNT OF $28,305.12, DUE TO A CHANGE IN THE
CALCULATION OF THE IMPACT FEES APPLICABLE TO THE
PROJECT AND THE RESULTING OVER-PAYMENT OF
IMP ACT FEES AND AUTHORIZING A CHANGE IN POLICY
FOR THE ASSESSMENT OF IMP ACT FEES FOR MIXED USE
COMMERCIAL BUILDINGS, CONSISTENT WITH THE
RECOMMENDATIONS OF THE COUNTY'S IMPACT FEE
CONSULTANTS AND LEGAL COUNSEL -1201 3RD STREET
SOUTH
Item #16A7
RECORDING THE FINAL PLAT OF AVE MARIA UNIT TWO,
PARK OF COMMERCE, APPROVAL OF THE CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
PERFORMANCE SECURITY - WITH STIPULATIONS
Item #16A8
A UNITED STATES FISH AND WILDLIFE COOPERATIVE
AGREEMENT 401816J091 FOR A DERELICT VESSEL
REMOVAL GRANT AND APPROVAL OF THE NECESSARY
BUDGET AMENDMENTS TO RECOGNIZE GRANT REVENUE
Page 201
October 10,2006
IN THE AMOUNT OF $31,000 - ASSISTING THE TEN
THOUSAND ISLANDS NATIONAL WILDLIFE REFUGE
Item #16B1
BID #06-4030 TO MOTOROLA CENTRAL CONTROL
IRRIGATION SUPPLIES AND SERVICES TO
CONTEMPORARY CONTROLS & COMMUNICATIONS, INC.
AND AG-TRONIX. THE ANNUAL EXPENDITURES ARE
ESTIMATED TO BE $250,000 - FOR REPAIR AND
MAINTENANCE OF THE COUNTY'S IRRIGATION SYSTEMS
Item #16B2 - Moved to Item #101
Item # 16B3
BID #06-4031 INSTALLATION AND MAINTENANCE OF
TRAFFIC SIGNALS, TO KENT TECHNOLOGIES, INC. AND
SOUTHERN SIGNAL & LIGHTING - TO PROPERLY REPAIR,
MAINTAIN AND INSTALL TRAFFIC SIGNALS IN COLLIER
COUNTY ON A TYPE-OF-WORKBASIS
Item #16B4
FIVE (5) ADOPT-A-ROAD PROGRAM AGREEMENTS WITH
TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL
COST OF $150.000. THE OTHER SIGNS ALREADY EXIST-
FOR AGREEMENTS WITH THE PARADISE COASTMEN
BARBERSHOP CHORUS, HUNTINGTON LAKES, SOUTH BAY
REALTY-LESLEY GARLOCK & NANCY KAMENICK, SOPHIE
ESTRADA-REMAX ELITE REALTY AND NAPLES SAFE
DRIVING ACADEMY
Page 202
October 10, 2006
Item #16B5
DEVELOPER CONTRIBUTION AGREEMENT BETWEEN
TOUSA HOMES INC., COLLECTIVELY REFERRED TO AS
TOUSA AND COLLIER COUNTY HEREIN REFERRED TO AS
COUNTY, FOR THE CONSTRUCTION OF A PUBLIC ROAD
FROM WHIPPOORWILL LANE TO LIVINGSTON ROAD - FOR
TRAFFIC CONGESTION RELIEF AND EMERGENCY ACCESS
AT PINE RIDGE ROAD AND WHIPPOORWILL LANE
Item #16B6 - Continued to October 24,2006
A DONATION FROM THE HALSTATT PARTNERSHIP FOR
THE ADDITIONAL PLANTINGS ALONG GOLDEN GATE
PARKWAY UP TO THE AMOUNT OF $101 ~821.89
Item #16C1
THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO
THE GOVERNING BOARD OF THE COUNTY WATER-SEWER
DISTRICT, DECLARE THE RATING AGENCY
PRESENTATIONS A VALID PUBLIC PURPOSE AND APPROVE
THE EXPENDITURE FOR AN ON-SITE LUNCHEON
PRESENTATION MEETING IN THE SUM NOT TO EXCEED
$700.00 - WITH STANDARD AND POOR (S&P), MOODY'S
AND THE FINCH AGENCY AND WILL BE HELD ON
OCTOBER 25~ 26 AND 27~ 2006
Item #16C2
WORK ORDER ICTSCADA-3916-MAC-06-04 IN THE AMOUNT
OF $98,513 TO MCKIM & CREED, P.A. UNDER ANNUAL
Page 203
October 10, 2006
CONTRACT 06-3916 FOR THE SOUTH COUNTY WATER
RECLAMATION FACILITY SCADA IMPROVEMENTS,
PROJECT 73964 - TO EFFECTIVELY MANAGE THE QUALITY
WASTEWATER TREATMENT AT THE FACILITY
Item # 16C3
WORK ORDER ICTSCADA-3916-MAC-06-05 IN THE AMOUNT
OF $90,493 TO MCKIM & CREED, P.A. UNDER ANNUAL
CONTRACT 06-3916 FOR SCADA SYSTEM UPGRADES AT
THE SOUTH COUNTY REGIONAL WATER TREATMENT
PLANT, PROJECT 70124 - TO EXPAND THE CAPABILITIES
OF THE CURRENT SYSTEM THROUGH THE
IMPLEMENTATION OF A NEW TERMINAL SERVER
Item #16C4
DEVELOPER CONTRIBUTION AGREEMENT WITH DIVOSTA
HOMES, LP IN THE AMOUNT OF $40,148.64 FOR
INSTALLATION OF UPSIZED WASTEWATER FACILITIES
ALONG COLLIER BOULEVARD (CR-951) FROM
RATTLESNAKE HAMMOCK ROAD TO SABAL PALM ROAD,
PROJECT NUMBER 73946 - TO MEET DEMAND IN THE
SOUTHEAST REGION OF THE COUNTY
Item #16C5
WORK ORDER QGM-FT-3290-07-01 TO Q. GRADY MINOR
FOR THE ENGINEERING SERVICES IN THE AMOUNT OF
$221,150 FOR THE DESIGN, PREPARATION OF
CONSTRUCTION PLANS, AND CONSTRUCTION INSPECTION
FOR UPGRADE OF FOUR MASTER PUMP STATIONS AND
Page 204
October 10, 2006
TWO LIFT STATIONS, PROJECT 72546 AND PROJECT 73970-
TO ANALYZE DATA AND ENHANCE RELIABILITY
Item #16C6
BUDGET AMENDMENT TO TRANSFER FUNDS IN THE
AMOUNT OF $120,000 FROM PROJECT 739491, SOUTH
COUNTY WATER RECLAMATION FACILITY (SCWRF),
EXPANSION 2001 TO PROJECT 725321, NORTH COUNTY
WATER RECLAMATION FACILITY (NCWRF)
REHABILITATION - TO MAKE REQUIRED IMPROVEMENTS
FOR PEAK SEASON
Item #16D 1
AN AGREEMENT WITH COLLIER HEALTH SERVICES, INC.
FOR $235,180 OF FY 07 FUNDS TO PARTICIPATE AS A
LOCAL MATCH FOR THE LOW INCOME POOL PROGRAM
FOR SERVICES PROVIDED ON BEHALF OF THE HUMAN
SERVICES DEPARTMENT IN ORDER TO GENERATE AN
ADDITIONAL $324,773 IN FEDERAL MATCHING FUNDS TO
BE PAID DIRECTLY TO CHSI FOR SERVICES FOR THE MOST
MEDICALL Y NEEDY IN COLLIER COUNTY - TO EXPAND
SERVICES AT HORIZONS PRIMARY CARE CENTER AND
OTHER SITES
Item #16D2
THE SUBMITTAL OF THE ATTACHED UNIVERSITY OF
FLORIDA INTEGRATED PEST MANAGEMENT PROGRAM
GRANT APPLICATION TO THE UNIVERSITY OF FLORIDA
INSTITUTE FOR FOOD AND AGRICULTURAL SCIENCE FOR
Page 205
October 10,2006
AN URBAN IPM AT THE FARMERS MARKET PROJECT
TOTALING $3,650 AND ANY NECESSARY BUDGET
AMENDMENTS - TO PURCHASE FARM DISPLAY BOOTH
MATERIALS, UNIVERSITY PUBLICATIONS AND RELATED
DOCUMENTS
Item #16D3 - Moved to Item #10J
Item #16El
STAFF-APPROVED CHANGE ORDERS TO WORK ORDERS TO
BOARD APPROVED CONTRACTS - FOR THE PERIOD
AUGUST 18~ 2006 THROUGH SEPTEMBER 14~ 2006
Item #16E2
BID NO. 06-4045 "ON-CALL OVERHEAD DOOR AND
AUTOMATIC GATE CONTRACTOR FOR ANNUAL SERVICE
AND REPAIRS" TO ACTION AUTOMATIC DOOR, INC. AND
GARAGE DOORS OF NAPLES, INC. - FOR THE
MAINTENANCE, REPAIR AND REPLACEMENT OF COUNTY
OWNED AUTOMATIC OVERHEAD DOORS AND GATES
Item #16F1
WORK ORDER NO. HM-FT-3902-06-04 FOR WIGGINS PASS
MODELING PROPOSAL AND REGULATORY PERMITTING AS
PROPOSED BY HUMISTON & MOORE ON APRIL 11,2006 ON
A TIME AND MATERIAL BASIS NOT TO EXCEED $120,395
AND AUTHORIZE THE COUNTY MANAGER OR HIS
DESIGNEE TO SIGN WORK ORDER NO. HM-FT -3902-06-04 -
TO BETTER MANAGE THE PASS, LENGTHEN THE
Page 206
October 10, 2006
DREDGING CYCLE, PREVENT EROSION AND IMPROVE
SAFETY CONDITIONS
Item # 16F2
ANNUAL TECHNICAL SUPPORT AND MAINTENANCE
RENEWAL CONTRACT FOR EMS SOLUTIONS 2000
THROUGH HEAL THW ARE SOLUTIONS IN THE AMOUNT OF
$29,010 FOR FY-07 - FOR DOCUMENTING ALL PATIENT
TRANSPORTS BY EMERGENCY MEDICAL SERVICES
Item #16F3
A MEMORANDUM OF AGREEMENT BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF HEALTH AND EMERGENCY
MEDICAL SERVICES AS THE CHEMPACK CACHE
LOCATION FOR THE PURPOSE OF RESPONDING TO ACTS
OF CHEMICAL EMERGENCIES POSING A PUBLIC HEALTH
CRISIS - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16F4
VOLUNTEER FIRE ASSISTANCE MATCHING (50/50) GRANT
FROM FLORIDA DIVISION OF FORESTRY FOR THE
PURCHASE OF WILDFIRE PROTECTIVE CLOTHING AND
APPROVE THE NECESSARY BUDGET AMENDMENTS - TO
IMPROVE SAFETY AND FIREFIGHTING CAPABILITIES FOR
THE ISLE OF CAPRI FIRE AND RESCUE DISTRICT
Item #16F5
GRANT AGREEMENT #07-DS-5N-09-21-01 BETWEEN THE
Page 207
October 10, 2006
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY ACCEPTING $50,591 TO FUND
HOMELAND SECURITY AND EMERGENCY PREPAREDNESS
INITIATIVES AND APPROVE A BUDGET AMENDMENT TO
RECOGNIZE AND APPROPRIATE THE GRANT FUNDS - TO
CONDUCT EXERCISES, TRAINING WORKSHOPS,
EMERGENCY PLANNING ACTIVITIES AND ENHANCE
CITIZEN CORPS PROGRAMS
Item #16F6
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
ACCEPTING $105,806 FOR EMERGENCY MANAGEMENT
PROGRAM ENHANCEMENT - TO PURCHASE ADDITIONAL
EQUIPMENT, SERVICES OR HIRING ADDITIONAL
PERSONNEL
Item # 16F7
BUDGET AMENDMENT #06-625 - INTER-GOVT RADIO FUND
COMMUNICATIONS EQUIPMENT
Item #16F8
THREE (3) TOURIST DEVELOPMENT C-2 GRANT
APPLICATIONS AND CORRESPONDING REVISED TOURISM
AGREEMENTS WITH THE CHILDREN'S MUSEUM OF
NAPLES ($175,000), NAPLES ART ASSOCIATION ($38,000)
AND NAPLES BOTANICAL GARDEN, INC. ($112,550) FOR A
TOTAL OF $325,550. - AS DETAILED IN THE EXECUTIVE
SUMMARY
Page 208
October 10, 2006
Item #16H1
COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR
ATTENDING THE 6TH ANNUAL GOLDEN KEY GALA-
BLACK & WHITE BALL ON SATURDAY, OCTOBER 21ST,
2006, NAPLES, FL; $115.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H2
COMMISSIONER HALAS REQUESTS REIMBURSEMENT TO
ATTEND THE UNITED WAY OF COLLIER COUNTY'S 2006
CAMPAIGN RECOGNITION BREAKFAST AT THE HILTON
NAPLES ON OCTOBER 11, 2006; $20.00 TO BE PAID FROM
COMMISSIONER HALAS' TRAVEL BUDGET - HELD AT 5111
TAMIAMI TRAIL NORTH
Item #16H3
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
TO ATTEND THE FOUNDATION FOR DEVELOPMENTALLY
DISABLED, INC.'S DINNER DANCE AND AUCTION ON
OCTOBER 28, 2006; $75.00, TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT
THE VANDERBILT COUNTRY CLUB~ 8250 DANBURY BLVD
Item #16H4
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
TO ATTEND THE PHYSICIANS LED ACCESS NETWORK
(PLAN) OF COLLIER COUNTY'S ANNUAL SHINING STAR
CELEBRA TION HONORING AWARD RECIPIENTS FOR THEIR
Page 209
October 10, 2006
DEDICATION AND ENDEAVORS ON OCTOBER 14, 2006;
$50.00 TO BE PAID FROM COMMISSIONER COLETTA'S
TRAVEL BUDGET - HELD AT ST. JOHN'S CHURCH, 625 111 TH
AVENUE NORTH
Item #16H5
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
TO ATTEND THE UNITED WAY OF COLLIER COUNTY'S 2006
CAMPAIGN RECOGNITION BREAKFAST ON OCTOBER 11,
2006; $20.00 TO BE PAID FROM COMMISSIONER COLETTA'S
TRAVEL BUDGET - HELD AT THE HILTON OF NAPLES, 5111
TAMIAMI TRAIL NORTH
Item #16H6
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
FOR ATTENDING THE 2007 LEADERSHIP COLLIER'S CLASS
ROUND TABLE DISCUSSION LUNCHEON; $15.00 TO BE PAID
FROM COMMISSIONER COLETTA'S TRAVEL BUDGET-
HELD ON OCTOBER 5,2006 AT THE COUNTY MUSEUM ON
THE COLLIER GOVERNMENT CAMPUS
Item #16H7
COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR
ATTENDING THE LEAGUE OF WOMEN VOTERS LUNCHEON
ON FRIDAY, OCTOBER 6TH AT 12:00 NOON AT THE
COLLIER ATHLETIC CLUB; $16.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - 710
GOODLETTE RD. N. AT 7TH AVE. N.
Page 210
October 10,2006
Item #16H8
COMMISSIONER FIALA REQUESTS REIMBURSEMENT TO
ATTEND THE COLLIER CITIZEN OF THE YEAR 2006
BANQUET ON FRIDAY, NOVEMBER 10TH, 2006, AT THE
CLUB AT THE STRAND; $35 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H9
COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR
ATTENDING THE FLORIDA ASSOCIATION OF COUNTIES
LEGISLATIVE POLICY COMMITTEE MEETING AT THE
SHERATON SAND KEY RESORT IN CLEARWATER BEACH,
FLORIDA SEPTEMBER 27-29,2006; $108.06 TO BE PAID
FROM COMMISSIONER HALAS' TRAVEL BUDGET - TO
MEET WITH OTHER COUNTY GOVERNMENT
REPRESENTATIVES
Item #16H10
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
FOR ATTENDING THE IMMOKALEE CHAMBER OF
COMMERCE'S SILENT AUCTION AND DINNER ON
SEPTEMBER 30, 2006; $50.00 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET - TO
NETWORK WITH IMMOKALEE'S LEADERS AND
REPRESENT DISTRICT #5
Item #16H11
COMMISSIONER COLETTA REQUESTS REIMBURSEMENT
Page 211
October 10, 2006
FOR ATTENDING THE FLORIDA ASSOCIATION OF
COUNTIES LEGISLATIVE POLICY COMMITTEE MEETING
AT THE SHERATON SAND KEY RESORT IN CLEARWATER
BEACH, FLORIDA SEPTEMBER 27-29, 2006 - AS THE VICE
CHAIR OF THE GROWTH, ENVIRONMENTAL PLANNING &
AGRICULTURE COMMITTEE, COMMISSIONER COLETTA
CHAIRED THE MEETING IN THE ABSENCE OF THE CHAIR;
$108.06 TO BE PAID FROM COMMISSIONER COLETTA'S
TRAVEL BUDGET
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 212
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
October 10,2006
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida
Statutes, Chapter 136.06(1), the disbursements for the Board of
County Commissioners for the period:
(1) August 26, 2006 through September 1, 2006.
(2) September 2,2006 through September 8,2006.
(3) September 9, 2006 through September 15, 2006.
(4) September 16,2006 through September 22,2006.
B. Districts:
(1) Wentworth Estates Community Development District: Fiscal
Year 2007 Notice of Public Meeting Schedule; Minutes of May
12, 2006; Agenda of May 12, 2006; Proposed Budget FY 2007.
(2) Cedar Hammock Community Development District: Fiscal Year
2007 Notice of Public Meeting Schedule; Minutes of June 12,
2006; Agenda of June 12, 2006; Annual Financial Report of FY
ended September 30, 2004; Minutes of February 13, 2006;
Agenda of February 13, 2006.
(3) Naples Heritage Community Development District: Fiscal Year
2007 Notice of Public Meeting Schedule.
(4) Immokalee Water & Sewer District: Registered Agent
Information; 2006-2007 Schedule of Regular Meetings; 2006-
2007 Budget FY ending September 30, 2007.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc
(5) North Naples Fire Control and Rescue District:
Operatingllmpact Fee/Inspection Fee Budget 2006-2007; Basic
Financial Statements/Reports of Independent Auditor Year
Ended September 30, 2005; District Map; 2006-2007 Monthly
Meeting Schedule; NNFCRD Five Year Strategic Plan.
C. Minutes:
(1) Immokalee Master Plan & Visioning Committee:
(a) Joint meeting with CRA Advisory Board and EZDA; Agenda
of August 16, 2006; Minutes of August 16, 2006; Agenda of
September 6, 2006.
(2) Historic & Archeological Preservation Board: Agenda of
September 20. 2006; Minutes of August 16, 2006.
(3) Bayshore/Gateway Triangle CRA: Agenda of August 1,2006;
Minutes of August 1, 2006; Agenda of July 11, 2006; Minutes of
July 11, 2006.
(4) Bayshore Beautification MSTU Advisorv Committee: Agenda of
October 4, 2006; Minutes of September 6, 2006.
(5) Collier County Planning Commission: Agenda of September
21,2006; Notice of meeting location change for September 21
and October 19; Minutes of August 3, 2006; Minutes of August
17, 2006.
(6) Collier County Contractors' Licensing Board: Agenda of
September 20,2006.
(7) Collier County Citizens Corps Advisory Committee: Minutes of
August 16, 2006; Agenda for August 16, 2006.
(8) Collier County Airport Authority: Agenda of September 11,
2006; Addendum to September 11 Agenda; Minutes of August
14, 2006.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\ 10 1 006 Misc Corresp.doc
(9) Radio Road Beautification MSTU Advisory Committee: Agenda
of September 19, 2006; Minutes of August 4, 2006.
D. Other:
(1) Letter from Florida Department of Environmental Protection to
Chairman Frank Halas regarding OGC Case 01-0552-11-DW
from Jon Iglehart, Director of District Management.
(2) Public Safety Coordinating Council: Minutes of June 1, 2006.
(a) Crises Intervention Team Task Force: Minutes of August 21,
2006; Minutes of July 13, 2006.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc
October 10, 2006
Item #16J1
THE USE OF CONFISCATED TRUST FUNDS FOR CRIME
PREVENTION - $22,000 TO FUND SUPPORT COSTS OF
NATIONAL CHILD ID KITS TO PROTECT COLLIER COUNTY
CHILDREN IN GRADES K-12
Item # 16J2
THE USE OF CONFISCATED TRUST FUNDS FOR DRUG
ABUSE EDUCATION AND PREVENTION - $29,000TO BE
USED FOR DRUG ABUSE EDUCATION AND PREVENTION
PURPOSES
Item #16K1
AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY
TO INITIATE FORECLOSURE PROCEEDINGS PURSUANT TO
SECTION 162.09, FLORIDA STATUTES, IN RELATION TO SIX
(6) COLLIER COUNTY CODE ENFORCEMENT LIENS,
ARISING FROM CODE ENFORCEMENT BOARD CASE NOS.
CEB 2001-55, CEB 2001-58, CEB 2003-01, CEB 2003-02, AND
CEB 2004-14, ALL OF WHICH CASES ARE ENTITLED BOARD
OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
VS. CLAUDE (OR JEAN CLAUDE) MARTEL, AND ONE
NUISANCE ABATEMENT LIEN ARISING FROM RESOLUTION
NO. 2005-63 - FOR PROPERTIES LOCATED ON KAREN
STREET OFF OF BA YSHORE DRIVE
Item #16K2
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
Page 213
October 10, 2006
$75,000.00 FOR THE ACQUISITION OF PARCELS 110 AND 710
IN THE LAWSUIT STYLED COLLIER COUNTY V. NB
HOLDINGS CORPORATION, ET AL., CASE NO. 06-0658-CA
(SANTA BARBARA BOULEVARD PROJECT NO. 62081)
FISCAL IMPACT: $32~636
Item #16K3
AN AGREED ORDER FOR PAYMENT OF EXPERT FEES IN
CONNECTION WITH PARCEL 140 IN THE LAWSUIT STYLED
COLLIER COUNTY V. ROSA A. HERNANDEZ, ET AL., CASE NO.
05-1033-CA (CR 951, PROJECT NO. 65061) FISCAL IMPACT:
$15~300.00
Item #16K4
A SETTLEMENT AGREEMENT AND A STIPULATED FINAL
JUDGMENT IN THE AMOUNT OF $284,400 FOR THE
ACQUISITION OF PARCELS 146 AND 746 IN THE LAWSUIT
STYLED COLLIER COUNTY V. APRIL CIRCLE, LTD., ET AL.,
CASE NO. 04-3679-CA, IMMOKALEE ROAD PROJECT #66042
(FISCAL IMPACT: $116~078.50)
Item #17A
RESOLUTION 2006-263: PETITION SNR-2006-AR-9993, BY
BLACKSTONE ESTATES, REPRESENTED BY WILSON
GARCIA, P. E. OF Q. GRADY MINOR & ASSOCIATES,
REQUESTING A STREET NAME CHANGE FROM BEARS WAY
TO ACORN WAY FOR PROPERTY IN BLACK BEAR RIDGE
PHASE 1, LOCATED WITHIN SECTION 34, TOWNSHIP 48
SOUTH~RANGE26EAST
Page 214
October 10, 2006
Item #17B
ORDINANCE 2006-43: AMENDING SECTION 74-202 OF
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES (THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE) BY PROVIDING
FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR
REQUESTING AN IMPACT FEE REIMBURSEMENT,
CONSISTENT WITH LIMITATIONS SET FORTH BY THE
FLORIDA STATUTES
Item #17C - Moved to Item #8D
Item #17D
ORDINANCE 2006-44: AMENDING THE STATE HOUSING
INITIATIVE PARTNERSHIP (S.H.J.P.) RESIDENTIAL
REHABILITATION PROGRAM THROUGH CHAPTER 114 OF
THE COUNTY'S CODE OF LAWS TO REFLECT IMPROVED
ADMINISTRATIVE PROCEDURES AND ORGANIZATIONAL
CHANGES
Item #17E
ORDINANCE 2006-45: AMENDING THE STATE HOUSING
INITIATIVE PARTNERSHIP (S.H.J.P.) DOWN PAYMENT
ASSISTANCE PROGRAM THROUGH CHAPTER 114 OF THE
COUNTYS CODE OF LAWS TO REFLECT IMPROVED
PRACTICES AND ORGANIZATIONAL CHANGES
Item #17F
Page 215
October 10, 2006
RESOLUTION 2006-264: SE-2006-AR-10283 SCRIVENER'S
ERROR TO AMEND RESOLUTION 2006-157 TO REFLECT THE
CORRECT LEGAL DESCRIPTION AND CORRECT ZONING
FOR THE SUBJECT PROPERTY LOCATED IN ALL OF
SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27
EAST, AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48
SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR
COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER
COUNTY, FLORIDA. (A CONDITIONAL USE FOR
EARTHMINING ACTIVITIES)
Item #17G
ORDINANCE 2006-46: AMENDING COLLIER COUNTY
ORDINANCE 90-105, AS AMENDED, THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD ORDINANCE
Page 216
October 10,2006
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:09 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
,
CONTROL
~~
FRANK HALAS, Chairman
ATTEST:
DWIGH1'B~BROCK, CLERK
..~:. ~ 1f~ .Qt .
Attest lito ~1rwif .
~ fqll.tllrt onl-
These minutes approved by the Board on ~ aU . l4 \ C1DOl,a.-, as
presented / or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI
LEWIS.
Page 217